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2012-09-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, September 10, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.0 Agreement 10.2(4)(b,c) 1.1a,b,c) Negotiation 10.2(4)(c) 1.2 Negotiation 10.2(4)(c) 1.3 Legal Opinion 10.2(4)(f) 1.4 Legal Opinion 10.2(4)(g) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of July 30, 2012 2.2 Minutes of August 13, 2012 2.3 Minutes of August 20, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Millidgeville -North End Lions Letter Re Charles Gorman Canteen (Recommendation: Refer to City Manager) 5.2 Request for Mobile Vendor Site (Recommendation: Refer to City Manager and City Solicitor) 5.3 Request for Proposals 2012- 092201P - Drinking Water Program - Advisory Services (Recommendation in Report) 5.4 Installation of Medium Voltage Motor Control Centre- Musquash Water Pumping Station (Recommendation in Report) 9 5.5 2012 Fleet Services Rothesay Avenue Vehicle Hoist (Recommendation in Report) 5.6 Proposed Public Hearing Date 416 Sandy Point Road (Recommendation in Report) 5.7 Saint John Board of Police Commissioners: Request to Present to Council (Recommendation: Refer to the Clerk to Schedule) 5.8 Smythe St Rehabilitation & Expansion Joint Project (Recommendation in Report) 5.9 Letter from A. Wilson and H. McMann (Recommendation: Receive for Information) 5.10 Saint John City Market Lease of Space Stall "No. A" (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Cadet Week: September 16th to 22nd, 2012 8. Delegations / Presentations 9. Public Hearings 7:00pm 9.1(a) Proposed Zoning By -Law Amendment 317 City Line and Request to Withdraw Application 9.1(b) Planning Advisory Committee Report 9.2(a) Proposed Zoning By -Law Amendment 80 Kierstead Rd 9.2(b) Planning Advisory Committee Report Recommending Rezoning 9.2(c) Letter of Opposition 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Simms Corner (Councillor Norton) 11.2 Snow Removal on Red Head Road (Councillor Strowbridge) 11.3 Deputy Fire Chief (Councillor McAlary) 12. Business Matters - Municipal Officers 12.1 Common Clerk: City of Bathurst and Committee System 12.2 City Manager: Zoning By -law Review September Open House, M &C 2012- 226 12.3 City Manager: Manawagonish Road Truck Route 12.4 City Manager: Highway Usage Permit (HUP) - Transfield Dexter Gateway Services Limited - Route 1 (Exit 120/119) 12.5 City Manager: Nick Nicolle Community Centre Revitalization Phase 2 - Professional Consulting Services Engagement 12.6 City Manager: Nick Nicolle Community Centre Revitalization - Recommendation for Award of Construction Contract for Phase 1 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdivision 1450 -1600 Sandy Point Rd 13.2 Planning Advisory Committee: Proposed Subdivision 340 and 341 Loch Lomond Rd 13.3 Planning Advisory Committee: Proposed Subdivision and Variances 210 Lawrence Long Rd 13.4 Committee of the Whole: Recommended Appointments to Committees 5 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Cement Association of Canada Request to Present 15.2 Letter from River Road Community Alliance Inc. Request to Present 16. Adjournment 0 The City of Saint John Seance du conseil communal Le lundi 10 septembre 2012 Comite pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conference, 8e etage, h6tel de ville 1.0 Convention — alin6as 10.2(4)b), c) 1.1 a,b,c) N6gociations — alin&a 10.2(4)c) 1.2 N6gociation — alin6a 10.2(4)c) 1.3 Avis juridique — alin6a 10.2(4)f) 1.4 Avis juridique — alin6a 10.2(4)g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la s6ance tenue le 30 juillet 2012 2.2 Proces- verbal de la s6ance tenue le 13 aout 2012 2.3 Proces- verbal de la s6ance tenue le 20 aout 2012 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 11approbation du conseil 5.1 Lettre du club Millidgeville North End Lions concernant la cantine de 1'ar&na Charles Gorman (recommandation : remettre au directeur g6n6ral) 5.2 Demande d'emplacement de vendeur ambulant (recommandation : transmettre au directeur g6n6ral et a 1'avocat municipal) 5.3 Demande de propositions 2012- 092201P — Programme sur 1'eau potable — Services consultatifs (recommandation figurant au rapport) 5.4 Installation du centre de commande de moteurs a moyenne tension — Poste de pompage de 1'eau de Musquash (recommandation figurant au rapport) 5.5 Parc de vehicules 2012 — Pont elevateur pour 1'edifice d'entretien de 1'avenue Rothesay (recommandation figurant au rapport) 5.6 Date proposee pour les audiences publiques — 416, chemin Sandy Point (recommandation figurant au rapport) 5.7 Bureau des commissaires de la police de Saint John: Demande de presentation devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fixee) 5.8 Projet conjoint de revetement et d'agrandissement de la rue Smythe (recommandation figurant au rapport) 5.9 Lettre de A. Wilson et de H. McMann (recommandation : accepter a titre informatif) 5.10 Marche municipal de The City of Saint John — Location de 1'etal no « A » (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine des cadets : du 16 au 22 septembre 2012 8. Delegations et presentations 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arrete de zonage visant le 317, chemin City Line et demande de retrait de la demande 9. lb) Rapport du Comite consultatif d'urbanisme 9.2a) Projet de modification de 1'Arrete de zonage visant le 80, chemin Kierstead 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2c) Lettre d'opposition 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Coin Simms (conseiller Norton) 11.2 Deneigement du chemin Red Head (conseiller Strowbridge) 11.3 Chef adjoint du service d'incendie (conseillere McAlary) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Ville de Bathurst et systeme des comites 12.2 Directeur general : Examen de 1'Arrete de zonage, soiree portes ouvertes de septembre — M/C 2012 -226 12.3 Directeur general : Voies reservees aux camions sur le chemin Manawagonish 12.4 Directeur general : Convention relative au permis d'utilisation de l'autoroute — Transfield Dexter Gateway Services Limited — Route 1 (sortie 120/119) 12.5 Directeur general : Phase 2 de la revitalisation du Centre communautaire Nick Nicolle — Recours a des services d'experts - conseils professionnels 12.6 Directeur general : Revitalisation du Centre communautaire Nick Nicolle — Recommendation pour 1'attribution du contrat de construction pour la phase 1 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Projet de lotissement au 1450 -1600, chemin Sandy Point 13.2 Comite consultatif d'urbanisme : Projet de lotissement au 340 et 341, chemin Loch Lomond 13.3 Comite consultatif d'urbanisme : Projet de lotissement et de derogations visant le 210, chemin Lawrence Long 13.4 Comite plenier : Recommandations de nominations pour sieger aux comites 14. Etude des sujets &art& des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Demande soumise par 1'Association canadienne du ciment en vue de faire une presentation devant le conseil 15.2 Lettre de la River Road Community Alliance Inc. en vue de faire une presentation devant le conseil 16. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 30, 2012 - 7:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Forrest, Commissioner of Growth and Development Services; M. Reade, Senior Planner; K. Rice, Deputy Commissioner of Municipal Operations; W. Edwards, Commissioner of Transportation and Environment Services; T. LeBlanc, Police Staff Sergeant; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. Call To Order — Prayer Mayor Norton called the meeting to order and Clayton Meisner offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of June 18, 2012 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on June 18, 2012 be approved with the following correction: Councillor Fullerton's name be removed as the mover of item 3.3 and replaced with the appropriate Councillor. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the agenda of this meeting with the addition of item 12.6 Synopsis and Comment Upon the Regional Service Delivery Act be approved; and further that item 12.4 Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction be withdrawn; and further that item 8.1 CAMA Award be moved forward on the agenda. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor McAlary disclosed a conflict of interest with item 9.1 Proposed Section 39 Amendment — 14 McLaughlin Crescent. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C2012- 192: Municipal Drainage Easement Acquisition - Bally Desmond Subdivision Phase 3 The City of Saint John accept from the owner /developer any necessary easements for drainage of naturally occurring surface water as required on the Tentative Plan — Bally Desmond Subdivision Phase 3 (Revised July 5, 2012) as prepared by Kierstead Quigley Roberts Ltd. 5.2 That the submitted report M &C2012 -194: 2012 Asphalt Resurfacing — Additional Streets, be received for information. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 5.3 That as recommended by the City Manager in the submitted report M &C2012- 196: Saint John City Market - Lease of Space Stall "C -1 "Common Council: 1. Approve the lease of space for stall "C -1" in the City Market with 646534 N.B. Ltd. under the terms and conditions as set out in the Lease submitted with MC2012 -196, and further 2. The Mayor and Common Clerk be authorized to execute the lease. 5.4 That as recommended by the City Manager in the submitted report M &C2012- 197: Saint John City Market - Lease of Space Stall "D -1 "Common Council: 1. Approve the lease of space for stall "D -1" in the City Market with Kyung Soon Chang under the terms and conditions as set out in the Lease submitted with MC2012 -197, and further 2. The Mayor and Common Clerk be authorized to execute the lease. On motion of Councillor McAlary 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. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Canadian Association of Municipal Administrators ( "CAMA ") Award Don MacLellan, New Brunswick's representative on the board of directors for CAMA, explained that CAMA is a national non - profit organization with a membership of approximately 500 City Managers and senior administrators and he provided further background information. Mr. MacLellan stated that the following criteria are used to choose the programs, services, or projects that are selected for CAMA awards: 1) The extent that the program, project, or service involves innovation, creativity and exemplifies a significant change 2) The impact of the program, project, or services on the profession of public administration 3) The potential a program, project, or service possesses to enhance the practice of administrators elsewhere and the degree of transferability to other local governments 4) The impact of the program, project, or service on the municipality and on the organization even if the innovation itself was not new to the profession 5) The sustainability of results and their long lasting positive measurable effects on the success of the organization Mr. MacLellan explained that the Willis Award of Innovation recognizes exceptional innovation and meritorious initiative. He stated that The City of Saint John was the selected as this year's recipient for its development of Plan SJ and he played a brief video clip for Council. Mr. MacLellan presented the Willis award to the Mayor, the City Manager, and the Commissioner of Growth and Development Services. (Councillor McAlary withdrew from the meeting) 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Section 39 Amendment— 14 McLaughlin Crescent 9.1(b) Planning Advisory Committee Recommendation 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the February 2, 2009 rezoning of the property located at 14 McLaughlin Crescent, also identified as PID Number 00322214, to permit removing or modifying the condition that currently limits the use of the property to a business office for physiotherapy, massage therapy, athletic therapy and other health- and - wellness - related professional services, so that the property may also be used for other purposes permitted in the "B -1" Local Business zone. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its July 17, 2012 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. 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 favor of the proposed amendment with Kendra Jones indicating that she supports the application, but does not agree with the requirement of sections (d) and (e) of the submitted staff recommendations. On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that the Section 39 conditions on the property located at 14 McLaughlin Crescent, also identified as PID Number 00322214, be amended to read as follows: a) That the use of the site be restricted to a business office only for physiotherapy, massage therapy, athletic therapy and other health- and - wellness - related professional service; a business office with a maximum floor area of 185 square metres; a bakery goods shop; a barber shop or beauty salon; a dwelling unit, subject to the condition that the number of dwelling units permitted in the building shall not exceed the maximum number of dwelling units permitted on a lot of the same area in the more restrictive adjoining zone on any street on which the lot abuts; a personal service shop; and a photographer's studio within the existing building; b) That the site be developed in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The site plan must be submitted to the Development Officer for approval within three months of Common Council approval of the Section 39 amendment; c) That the vehicular access to the site meet the requirements of the Zoning Bylaw and be acceptable to the Department of Municipal Operations and Engineering; d) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -Law. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk; and e) That all site improvements shown on the approved site and drainage plans be complete within one year of Common Council approval of the Section 39 amendment. Question being taken, the motion was carried with Councillor Farren voting nay. (Councillor McAlary re- entered the meeting) 8.2 Common Clerk: Committee System Form of Governance Referring to a submitted presentation, the Common Clerk outlined the proposed Committee Form of Government and she responded to questions from Council members. 9 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that: a) The presentation from the Common Clerk respecting the committee system form of governance be received for information; and b) The Common Clerk be directed to arrange a staff presentation from the City of Fredericton or Moncton with respect to the standing committee form of governance; and c) The Common Clerk be directed to provide a list outlining the number of other municipalities currently operating under the standing committee form of government; and d) The Common Clerk be directed to provide Council with the dates and times of Council meetings in other municipalities currently operating under a standing committee form of government; and e) The Common Clerk be directed to contact the City of Bathurst to determine what led the municipality to revert back from a standing committee form of government. Question being taken, the motion was carried. 10. Consideration of By -laws 10.1(a)Updated Report from Planning Advisory Committee Recommending Rezoning for 1450 -1600 Sandy Point Road (Tabled on July 3, 2012) 10.1(b)1st and 2nd Reading for Proposed Zoning By -Law Amendment 1450 -1600 Sandy Point Road 10.1(c) Planning Advisory Committee Report dated June 21, 2012 10.1(d) Letter of Opposition On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that Item 10.1(a,b,c,d) Proposed Rezoning of 1450 -1600 Sandy Point Road, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as being PID Number 55117071 and a portion of PID Numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as being PID Number 55117071 and a portion of PID Numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read a second time. 10 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 11.1 Budget Process Study (Councillor Merrithew) On motion of Councillor Merrithew Seconded by Councillor Strowbridge RESOLVED that Council direct staff to implement a public consultation process with respect to the budget process study to be done completely via the Internet instead of physical meetings. The City Manager stated that he anticipates having a report for the next Council meeting which would provide additional details on the proposed public consultation for the 2013 budget process. On motion of Councillor Merrithew Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Councillor Merrithew entitled Budget Process Study be tabled pending a report from the City Manager. the agenda. Question being taken, the motion was carried. On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that item 15.2 be moved forward on Question being taken, the motion was carried. 15.2 Hoyco Productions Letter — Amateur MMA Events On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that agenda item 15.2 Hoyco Productions Letter — Amateur MMA Events be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. 11.2 Traffic Calming Pilot Program for Douglas Avenue (Councillor MacKenzie) On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the letter from Councillor MacKenzie dated July 23, 2012, regarding a presentation on a proposed traffic calming pilot program for Douglas Avenue from Morgan Lanigan, be referred to the City Manager to arrange a meeting with Mr. Lanigan prior to the presentation being scheduled with Council. Question being taken, the motion was carried. 11.3 Job Descriptions - Duties & Responsibilities (Councillor Reardon) On motion of Councillor Reardon Seconded by Councillor Snook RESOLVED that Council receive job descriptions /duties and responsibilities for each of the four positions that report directly to Council. Question being taken, the motion was carried. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 11.4 Amalgamation of Agencies, Boards and Committees (Councillor Merrithew) On motion of Councillor Merrithew Seconded by Councillor Snook RESOLVED that Council instruct the City Manager and City Solicitor to determine the process and mechanics required to join the two boards (Transit and Parking) and to report back to Council. Question being taken, the motion was carried. 11.5 Ad Hoc Committee to Review Boards, Commissions and Committees (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the Mayor be directed to set up a committee of three or four members of Council, for a period of approximately three months, to review mandates and purposes of each of the city's Boards, Commissions and Committees, including a list of present appointees and the history of length of term appointees have served. Question being taken, the motion was carried. 11.6 Trade & Convention Centre (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that the City Manager be directed to provide a report outlining the legal and financial relationship between the City and the Trade & Convention Centre and a summary of needed work and related costs. Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting) 12. Business Matters- Municipal Officers 12.1 City Solicitor: Amendment to the Traffic By -Law — King Street East On- Street Parking Consideration was given to a submitted report from the City Solicitor entitled Amendment to the Traffic By -Law — King Street East On- Street Parking. On motion of Councillor Snook Seconded by Councillor McAlary 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," by amending Section 16, amending Schedule H -1, and by adding the submitted Schedule H -2 immediately after Schedule H -1, 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 McAlary 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," by amending Section 16, amending Schedule H -1, and by adding the submitted Schedule H -2 immediately after Schedule H -1, be read a second time. Question being taken, the motion was carried. 12 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 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." 12.2 City Manager: Josselyn Road On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the submitted report M &C 2012- 195: Josselyn Road be received for information. Question being taken, the motion was carried. 12.3 City Manager: Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the report M &C 2012 -198: Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications be received for information, and further, that it be referred to the Leisure Services Advisory Board for comment. Question being taken, the motion was carried. 12.5 City Manager: Peel Plaza Park On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the submitted report M &C 2012- 191: Peel Plaza Park be received for information. Question being taken, the motion was carried. 12.6 City Solicitor: Synopsis and Comment Upon the Regional Service Delivery Act On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that item 12.6 City Solicitor: Synopsis and Comment Upon the Regional Service Delivery Act, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that item 12.6 Synopsis and Comment Upon the Regional Service Delivery Act be received for information; and further, that the City Solicitor be authorized to distribute this report to the Cities of New Brunswick Association and other municipalities. Question being taken, the motion was carried. 13. Committee Reports 13.1 Planning Advisory Committee: Proposed Subdivision - Eagles Nest Subdivision - Phase 1 1450 -1600 Sandy Point Road On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that Common Council table consideration of the submitted Eagles Nest Estates Subdivision - Phase 1, Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements, until such time as a Slope Stability Study has been completed to the satisfaction of the Chief Building Inspector, or their designate. 13 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 Question being taken, the motion was carried. 13.2 Planning Advisory Committee: Proposed Subdivision - 23 -37 & 24 -40 Linda Court On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Common Council: 1. Assent to one or more subdivision plans, in one or more phases, for the Allison Heights Subdivision, Phase 2, as generally illustrated on the submitted tentative plan dated March 18, 2009 as revised on May 1, 2009 and March 9, 2012, including any necessary municipal services and public utility easements; and 2. Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and 3. Common Council accept a cash -in -lieu payment instead of the required land dedication in order to satisfy the Land for Public Purposes requirement; and 4. Common Council authorize the release of the existing Land for Public Purposes dedication (PID Number 00467142) having an area of approximately 2,087 square metres, identified as the shaded area straddling the north - western boundary of Lot 12 -6 on the submitted photo- reduced tentative subdivision plan entitled Allison Heights Subdivision, Phase 2 (Sheet 2), once the cash -in -lieu payment has been paid to the City. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Town of Rothesay — Regional Growth Strategy On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that Council thank Mayor Bishop for his letter dated July 16th, 2012 regarding a regional growth strategy and that the letter be received for information. Question being taken, the motion was carried. 16. Adjournment The Mayor declared the meeting adjourned at 9:30 p.m. 14 97- COMMON COUNCIL / CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 30 JUILLET 2012 A 19 H Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, MacKenzie, Merrithew, Norton, Snook, Strowbridge et les conseilleres Fullerton, McAlary et Reardon -et - P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; K. Forrest, commissaire aux services de developpement et de croissance; M. Reade, urbaniste principal; K. Rice, commissaire aux Operations municipales; W. Edwards, commissaire aux services de transport et d'environnement; T. LeBlanc, sergent d'etat -major du Service de police; K. Clifford, chef du service d'incendie; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Norton, et le pasteur Clayton Meisner recite la priere d'ouverture. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 18 juin 2012 Proposition de la conseillbre McAlary Appuyee par le conseiller Merrithew RESOLU que le proces- verbal de la seance du Conseil communal tenue le 18 juin 2012 soit approuve moyennant une correction au point 3.3, a savoir le retrait du nom de la conseillbre Fullerton en tant que proposeuse. A Tissue du vote, la proposition est adoptee. 3. Adoption de I'ordre du jour Proposition de la conseillbre McAlary Appuyee par le conseiller Snook RESOLU que l'ordre du jour de la presente reunion soit adopte moyennant I'ajout du point 12.6 Apergu de la Loi sur la prestation de services regionaux et observations. II est en outre resolu que le point 12.4 Rue Somerset (de I'avenue Wellesley a la promenade Samuel Davis) — Installation des egouts pluviaux et travaux de refection de la rue soit retire et que le point 8.1 Prix de I'ACAM soit avance dans I'ordre du jour. A Tissue du vote, la proposition est adoptee. 4. Divulgations de conflits d'interets La conseillbre McAlary declare etre en conflit d'interets avec le point 9.1 Modification proposee aux conditions imposees en vertu de I'article 39 relativement au 14, croissant McLaughlin. 5. Questions soumises a I'approbation du Conseil 5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -192: Acquisition dune servitude de drainage municipale — Lotissement Bally Desmond, phase 3, The City of Saint John accepte du proprietaire /promoteur toute servitude necessaire aux fins de drainage des eaux de surface comme 1'exige le plan provisoire prepare par Kierstead Quigley Roberts Ltd. et intitule Lotissement Bally Desmond, phase 3 (revise en date du 5 juillet 2012). 5.2 Que le rapport soumis intitule M/C 2012 -194 : Travaux de resurfagage d'asphalte en 2012 — Rues additionnelles soit accepte a titre informatif. 15 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 5.3 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2012 -196: March6 municipal de The City of Saint John — Location de 1'6tal n° « C- 1 », le conseil communal : 1. approuve la location d'espace de 1'6tal « C -1 », situ6 au march6 municipal, a 646534 N.B. Ltd., conform6ment aux modalit6s et conditions pr6cis6es dans le bail joint au rapport M/C 2012 -196; 2. le maire et la greffiere communale soient autoris6s a signer ledit bail. 5.4 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2012 -197: Marche municipal de The City of Saint John — Location de 1'6tal n° « D- 1 », le conseil communal : 1. approuve la location d'espace de 1'6tal « C -1 », situ6 au march6 municipal, a Kyung Soon Chang, conform6ment aux modalit6s et conditions pr6cis6es dans le bail joint au rapport M/C 2012 -197; 2. le maire et la greffiere communale soient autoris6s a signer ledit bail. Proposition de la conseillere McAlary Appuy6e par le conseiller Snook RESOLLI que la recommandation formul6e pour chacune des questions soumises a I'approbation du conseil soit adopt6e. A Tissue du vote, la proposition est adopt6e. 6. Commentaires presentes par les membres Les membres du Conseil s'expriment sur diverses activit6s communautaires. 7. Proclamation 8. Delegations et presentations 8.1 Prix de I'Association canadienne des administrateurs municipaux (ACAM) Don MacLellan, repr6sentant du Nouveau - Brunswick au conseil d'administration de ('ACAM, explique que cette derniere est un organisme a but non lucratif compos6 d'environ 500 directeurs municipaux et agents administratifs principaux, et it fournit d'autres renseignements g6n6raux. M. MacLellan d6clare que les criteres suivants servent a choisir les programmes, les services ou les projets qui sont retenus pour I'attribution des prix de ('ACAM : 1) La preuve que le programme, le projet ou le service est innovateur et original et g6nere un changement important. 2) L'impact du programme, du projet ou des services sur la profession d'administrateur municipal. 3) Le potentiel d'un programme, d'un projet ou d'un service d'am6liorer les pratiques des pairs et son degr6 de transf6rabilit6 a d'autres municipalit6s. 4) L'impact d'un programme, d'un projet ou d'un service sur la municipalit6 et ('organisation meme si son caractere innovateur en soi nest pas nouveau dans la profession. 5) La durabilit6 des r6sultats, leurs effets positifs et mesurables de longue dur6e sur le succes de ('organisation. M. MacLellan explique que le Prix Willis de ('innovation souligne le m6rite de programmes, de projets ou de services innovateurs qui se d6marquent ou d'une initiative qui est digne de mention. II d6clare que la Ville de Saint John a 6t6 s6lectionn6e a titre de r6cipiendaire cette ann6e pour 1'61aboration de son PlanSJ et it montre une courte vid6o aux membres du conseil. M. MacLellan remet le Prix Willis au maire, au directeur g6n6ral et au commissaire aux services de croissance et de d6veloppement. (La conseillere McAlary quitte la s6ance.) 16 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 9. Audiences publiques a 19 h 9.1 a) Modification proposee A I'article 39 — 14, croissant McLaughlin 9.1 b) Recommandation du Comite consultatif d'urbanisme La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification des conditions imposees en vertu de I'article 39, modifiant les conditions imposees le 2 Wrier 2009 relativement au rezonage de la propriete situee au 14, croissant McLaughlin, inscrite sous le NID 00322214, afin de permettre le retrait ou la modification de la condition qui Iimite actuellement ('usage de la propriete A un bureau commercial ou I'on offre les services suivants : physiotherapie, massotherapie, therapie sportive et autres services professionnels lies a la sante et au mieux -titre, de sorte que la propriete puisse egalement titre utilisee A d'autres fins autorisees dans la zone locale commerciale « B -1 ». On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, qui ont fait I'objet d'un examen lors de la seance du 17 juillet 2012 au cours de laquelle le Comite a recommande la modification des conditions en vigueur a I'heure actuelle en vertu de I'article 39. 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 se prononcer en faveur du rezonage. Kendra Jones indique qu'elle soutient la demande, mais qu'elle nest pas d'accord avec les exigences contenues aux alineas d) et e) des recommandations etablies par le personnel. Proposition du conseiller Merrithew Appuyee par le conseiller MacKenzie RESOLLI que les conditions imposees par I'article 39 relativement a la propriete situee au 14, croissant McLaughlin, inscrite sous le NID 00322214, soient modifiees pour indiquer ce qui suit : f) le terrain ne doit titre affecte qu'b I'amenagement de ce qui suit dans le batiment existant : un bureau commercial ou I'on n'offre que des services de physiotherapie, de massotherapie, de therapie sportive et d'autres services professionnels lies a la sante et au mieux -titre; un bureau commercial dont la superficie maximale est de 185 metres carres; une boulangerie- patisserie; un salon de coiffure pour hommes ou pour dames; un logement, A la condition que le nombre de logements permis dans le batiment ne depasse pas le nombre maximal de logements autorises sur un terrain de meme superficie dans la zone adjacente la plus restrictive se trouvant sur une rue contigue au terrain; une boutique de services de soins personnels; et un atelier de photographie; g) 1'emplacement doit titre amenage conformement a un plan de situation detaille, prepare par le promoteur et sujet A I'approbation de I'agent d'amenagement, indiquant 1'emplacement de tous les batiments, les aires de stationnement, les voies d'acces, les aires de chargement, les affiches, 1'eclairage exterieur, les espaces paysagers et les autres caracteristiques de 1'emplacement, y compris celles susmentionnees. Le plan de situation doit titre soumis A I'agent d'amenagement aux fins d'approbation, et ce, dans les trois mois qui suivent la date a Iaquelle le conseil a approuve la modification de la condition imposee par ('article 39; h) I'acces des vehicules a 1'emplacement doit respecter les exigences prescrites par I'Arrete de zonage et doit titre juge acceptable par le service Operations municipales et Genie; i) le promoteur doit prevoir I'amenagement paysager des aires amenagees de 1'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees pietonnieres et d'aires de stationnement ou de chargement, conformement aux exigences prescrites par I'Arrete de zonage. L'amenagement paysager doit se prolonger sur le droit de passage municipal jusqu'A la bordure de la rue ou du trottoir; 17 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 j) toutes les ameliorations indiquees sur le plan de situation et le plan de drainage approuves doivent titre terminees dans un delai d'un an a compter de la date a laquelle le conseil a approuve la modification de la condition imposee par I'article 39. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. (La conseillere McAlary se joint de nouveau a la reunion.) 8.2 Greffiere communale: Mode de gestion du systeme des comites Faisant reference a une presentation anterieure, la greffiere communale presente le mode propose de gestion du systeme des comites, puis repond aux questions des membres du conseil. Proposition de la conseillere Reardon Appuyee par le conseiller Farren RESOLU que: f) la presentation effectuee par la greffiere communale relativement au mode de gestion du systeme des comites soit acceptee a titre informatif; g) la greffiere communale soit chargee de fixer la date d'une presentation sur le mode de gestion propre a un comite permanent, laquelle sera effectuee par le personnel de la Ville de Fredericton ou de Moncton; h) la greffiere communale soit chargee de fournir une liste etablissant le nombre de municipalites qui fonctionnent selon le mode de gestion propre a un comite permanent; i) la greffiere communale soit chargee de fournir au conseil communal les dates et les heures des reunions du conseil des autres municipalites fonctionnant selon un mode de gestion propre a un comite permanent; j) la greffiere communale soit chargee de communiquer avec la Ville de Bathurst pour connai"tre la raison qui I'a amenee a abandonner le mode de gestion propre a un comite permanent. A ('issue du vote, la proposition est adoptee. 10. Etude des arretes municipaux 10.1a) Rapport mis a jour du Comite consultatif d'urbanisme recommandant le rezonage des 1450 -1600, chemin Sandy Point (point reporte lors de la seance du 3 juillet 2012) 10.1b) Premiere et deuxieme lectures du projet de modification de I'Arrete de zonage visant les 1450 -1600, chemin Sandy Point 10.1c) Rapport du Comite consultatif d'urbanisme date du 21 juin 2012 10.1d) Lettre d'opposition Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que les points 10.1 a), b), c) et d) relatifs au projet de rezonage des 1450 -1600, chemin Sandy Point, soient soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant le NID 55117071 et une partie des NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de maisons en in 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 rangee « TH » et a zone d'immeubles -tours a logements multiples « RM -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant le NID 55117071 et une partie des NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de maisons en rangee « TH » et a zone d'immeubles -tours a logements multiples « RM -2 », 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 de zonage de The City of Saint John ». 11. Interventions des membres du conseil 11.1 Etude du processus budgetaire (conseiller Merrithew) Proposition du conseiller Merrithew Appuyee par le conseiller Strowbridge RESOLU que le conseil charge le personnel de mettre en place un processus de consultation publique relativement a 1'etude du processus budgetaire. Le processus de consultation publique devra alors se derouler sur Internet au lieu de prendre la forme de reunions physiques. Le directeur general declare qu'il s'attend a recevoir un rapport lors de la prochaine reunion du conseil, lequel devrait fournir des details supplementaires sur le projet de consultation publique relativement au processus budgetaire de 2013. Proposition du conseiller Merrithew Appuyee par la mairesse suppleante Rinehart RESOLU que la lettre du conseiller Merrithew intitulee Etude du processus budgetaire soit reportee, dans I'attente d'un rapport du directeur general. du jour. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Strowbridge Appuyee par la conseillere McAlary RESOLU que le point 15.2 soit avance dans l'ordre A ('issue du vote, la proposition est adoptee. 15.2 Lettre d'Hoyco Productions au sujet des evenements darts martiaux mixtes amateurs Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que le point 15.2 de l'ordre du jour intitule Lettre d'Hoyco Productions au sujet des evenements d'arts martiaux mixtes amateurs soit transmis a I'avocat municipal aux fins de preparation d'un rapport et d'une recommandation. A ('issue du vote, la proposition est adoptee. 19 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 11.2 Programme pilote d'apaisement de la circulation pour ('avenue Douglas (conseiller MacKenzie) Proposition du conseiller Merrithew Appuyee par la mairesse suppleante Rinehart RESOLU que la lettre du conseiller MacKenzie, datee du 23 juillet 2012, relativement au programme pilote d'apaisement de la circulation pour ('avenue Douglas soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 11.3 Description de postes — Fonctions et responsabilites (conseillere Reardon) Proposition de la conseillere Reardon Appuyee par le conseiller Snook RESOLU que le conseil regoive les descriptions de postes, a savoir les taches et les responsabilites, pour chacun des quatre postes qui relevent directement du conseil. A ('issue du vote, la proposition est adoptee. 11.4 Fusion d'agences, de conseils et de comites (conseiller Merrithew) Proposition du conseiller Merrithew Appuyee par le conseiller Snook RESOLU que le conseil charge le directeur general et I'avocat municipal de definir les processus et les mecanismes requis pour integrer les deux commissions (transports et stationnement) et de lui presenter un compte rendu. A ('issue du vote, la proposition est adoptee. 11.5 Comite special charge d'examiner les conseils, les commissions et les comites (conseillere McAlary) Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que le maire soit charge de creer un comite compose de trois ou quatre membres faisant partie du conseil, pour une duree d'environ trois mois, afin de passer en revue les mandats et les objectifs de tous les conseils, les commissions et les comites de la municipalite, y compris une liste des personnes actuellement nommees au sein de ces conseils, commissions et comites et un historique de tous les mandats effectues. A ('issue du vote, la proposition est adoptee. 11.6 Trade & Convention Centre (conseiller MacKenzie) Proposition du conseiller MacKenzie Appuyee par le conseiller Farren RESOLU que le directeur general soit charge de presenter un rapport detaillant la relation juridique et financiere qui lie la Ville au Trade & Convention Centre, ainsi qu'un resume des travaux requis et des couts lies a ces derniers. A ('issue du vote, la proposition est adoptee. (Le conseiller Farren quitte la seance.) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Avocat municipal : Modification de I'Arrete relatif a la circulation — Stationnement sur la rue King Est On examine un rapport presente par I'avocat municipal intitule Modification de I'Arrete relatif a la circulation — Stationnement sur la rue King Est. Proposition du conseiller Snook Appuyee par la conseillere McAlary 20 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 RESOLU que 1'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe H -1 de I'article 16 et ajoutant I'annexe H -2 soumise immediatement aprbs I'annexe H -1, soit Iu une premibre fois. A Tissue du vote, la proposition est adoptee. Premibre lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Snook Appuyee par la conseillbre McAlary RESOLU que 1'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe H -1 de I'article 16 et ajoutant I'annexe H -2 soumise immediatement aprbs I'annexe H -1, soit lu une deuxibme fois. A Tissue du vote, la proposition est adoptee. Deuxibme 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 ». 12.2 Directeur general : Chemin Josselyn Proposition du conseiller Snook Appuyee par la conseillbre McAlary RESOLU que le rapport soumis intitule M/C 2012- 195 : Chemin Josselyn soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.3 Directeur general : Faisabilite de I'agrandissement de la surface de glace de I'arena Lord Beaverbrook afin de respecter les exigences des Jeux olympiques Proposition du conseiller Snook Appuyee par la conseillbre McAlary RESOLU que le rapport intitule M/C 2012-198: Faisabilite de I'agrandissement de la surface de glace de 1'arena Lord Beaverbrook soit accepte a titre informatif et qu'il soit transmis au Conseil consultatif des services des loisirs pour qu'il fasse part de ses commentaires. A Tissue du vote, la proposition est adoptee. 12.5 Directeur general : Parc de la place Peel Proposition de la conseillbre McAlary Appuyee par la conseillbre Reardon RESOLU que le rapport soumis intitule M/C 2012- 191 : Parc de la place Peel soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.6 Avocat municipal : Aper(;u de la Loi sur la prestation de services regionaux et observations Proposition de la conseillbre McAlary Appuyee par le conseiller Farren RESOLU que le point 12.6 Avocat municipal: Apergu de la Loi sur la prestation de services regionaux et observations soit soumis aux fins de discussion. A Tissue du vote, la proposition est adoptee. 21 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 Proposition de la conseillbre McAlary Appuyee par le conseiller Farren RESOLU que le point 12.6 Avocat municipal: Aperqu la Loi sur la prestation de services regionaux et observations soit accepte a titre informatif et que le directeur general soit charge de distribuer ce rapport a I'Association des cites du Nouveau - Brunswick et aux autres municipalites. A Tissue du vote, la proposition est adoptee. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Projet de lotissement — Phase 1 du lotissement Eagles Nest visant les 1450 -1600, chemin Sandy Point Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que le conseil communal reporte I'etude du plan de lotissement provisoire presente, visant la premiere phase du lotissement Eagles Nest Estates situe aux 1450 -1600, chemin Sandy Point, et inscrit en partie sous les NID 55145544, 55151609, et 55145551, relativement a la devolution des rues publiques proposees et de toute servitude necessaire aux fins de services municipaux et de services d'utilite publique, jusqu'a ce qu'une analyse de la stabilite de la pente ait ete realisee a la satisfaction de I'inspecteur en chef des batiments ou de son remplagant. A Tissue du vote, la proposition est adoptee. 13.2 Comite consultatif d'urbanisme : Projet de lotissement aux 23 -37 et 24- 40, cour Linda Proposition de la conseillbre McAlary Appuyee par le conseiller Snook RESOLU que le conseil communal: 1. approuve le ou les plans de lotissement, en une ou plusieurs phases, dans le cadre de la phase 2 du projet de lotissement Allison Heights, comme le montre de manibre generale le plan provisoire presente et date du 18 mars 2009 et revise le 1 e mai 2009 et le 9 mars 2012, y compris toute servitude de services municipaux ou d'entreprise de service public exigee; 2. autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef; 3. accepte une compensation monetaire, plutot que ('affectation du terrain requise, pour satisfaire a 1'exigence relative aux terrains d'utilite publique; 4. autorise le dessaisissement du terrain d'utilite publique existant (NID 00467142), d'une superficie d'environ 2 087 metres carres, designe par le secteur ombrage chevauchant la limite nord -ouest du lot no 12 -6 sur le plan de lotissement provisoire reduit par procede photo intitule « Lotissement Allison Heights, phase 2 (page no 2) », une fois que la Ville aura recu la compensation monetaire. A ('issue du vote, la proposition est adoptee. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 Lettre de la Ville de Rothesay relative a la strategie de croissance regionale Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que le conseil remercie le maire Bishop pour sa lettre du 16 juillet 2012 au sujet d'une strat6gie de croissance regionale et que la lettre soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 22 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 30, 2012/LE 30 JUILLET 2012 16. Levee de la seance Le maire declare que la seance est levee a 21 h 30. Mayor / maire Common Clerk / greffiere communale 23 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012 /LE 13 AOUT 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 13, 2012 - 6:45 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, and Snook WTiT:! P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K. Forrest, Commissioner of Growth and Development Services; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; T. Leblanc, Police Staff Sergeant; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend David McElhinney offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of June 25, 2012 On motion of Councillor Merrithew Seconded by Councillor Snook RESOLVED that the minutes of the meeting of Common Council, held on June 25, 2012, be approved. Question being taken, the motion was carried. 2.2 Minutes of July 3, 2012 On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on July 3, 2012, be approved. Question being taken, the motion was carried. 2.3 Minutes of July 16, 2012 Deputy Mayor Rinehart indicated that a motion she had made at the July 16, 2012 meeting did not appear in the minutes and requested that the record be reviewed. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on July 16, 2012, be referred to the Clerk to review the record. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that the agenda of this meeting with the addition of 13.2 Committee of the Whole: Staffing for the Heritage Conservation Service, be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 24 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 The Mayor and Councillor Fullerton disclosed a conflict of interest with item 12.6 The 2012 Heritage Grant Program. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2012- 199: Proposed Public Hearing Date 317 City Line and 80 Kierstead Road, Common Council schedule the public hearings for the rezoning applications of Serge Ethier (317 City Line) and Sunstar Ltd. (80 Kierstead Road) for Monday, September 10, 2012 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.2 That as recommended by the City Manager in the submitted report entitled Early Adopter Software Agreement With Sungard Public Sector Inc. for Customer Service Software: 1. The City enter into an Early Adopter Software Agreement generally in the form as submitted in the letter to Council with Sungard Public Sector Inc. for the purposes of testing and receiving rights to use a Customer Service (CRM) Software; and 2. The Mayor and Clerk be authorized to execute the said agreement. On motion of Councillor McAlary 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. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Uptown Saint John — Green Feet Presentation Referring to a submitted presentation, Anne McShane and Jeff Roach, representing the Uptown Green Feet Committee, updated Council on a proposed 5.3 km cycling /active transport route to extend from the Saint John Regional Hospital to Harbour Passage. T. O'Reilly, Manager of Pedestrian & Traffic Services, appeared before Council and responded to questions regarding the proposed active transportation route. On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the section 10.7 of Council's Procedural By -Law be suspended to allow Council to consider a motion respecting the matters presented. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the presentation from the Uptown Green Feet Committee regarding an active transportation route be referred to the City Manager for a report; and further that this matter be referred to the 2013 budget deliberations. Question being taken, the motion was carried. 9. Public Hearings 7:00 P.M. (Councillor Farren withdrew from the meeting) 10. Consideration of By -laws 10.1(a)Third Reading Zoning By -Law Amendment 1450 -1600 Sandy Point Rd 25 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 10.1(b)Section 39 Conditions On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled "By -Law Number C.P. 110 -200, A Law to Amend the Zoning By -Law of The City of Saint John re- zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as being PID number 55117071 and a portion of PID numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read. Question being taken, the motion was carried. The By -Law entitled, "By -Law Number C.P. 110 -200, A Law to Amend the Zoning By- Law of The City of Saint John ", was read in its entirety. The City Solicitor advised that condition 'T' in the Section 39 condition document refers to deforestation, adding that anything short of clear- cutting is not prohibited by the Section 39 conditions. Councillor McAlary moved a motion, seconded by the Deputy Mayor, to refer the matter to the City Manager to change the wording of section 39 condition 'T'. The motion was subsequently withdrawn by the mover and seconder. Responding to a request to provide Council with new wording for Section 39 condition 'T', the City Solicitor offered the following language: "no portion of the site be developed, nor shall any site preparation occur, except in accordance with corresponding detailed plans including... ", noting that this language could replace the existing first two lines of condition 'T' and that the balance of the existing text could remain the same. (Councillor Farren reentered the meeting) On motion of Councillor Farren Seconded by Councillor Fullerton RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of 55145544, 00050823, 55153332, 55151609, and 55145551, be subject to a detailed agreement including the following conditions: a. Prior to any development of the site, the developer be required to complete a Slope Stability Study to access the suitability of the land for construction of the proposed development, subject to approval by the Chief Building Inspector or their designate; b. Prior to any development of the site, the developer be required to complete a Traffic Impact Study to determine if any improvements to Sandy Point Road and /or the intersection of Sandy Point Road and any future streets or any access points connecting the proposed development to a public street will be required to facilitate full -build out of the proposed development. The review must include slope and topographic considerations and is subject to the approval by the Chief City Engineer or his designate; c. Any development of the site be in accordance with a detailed engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate, prior to approval of any Building Permit(s); d. Any development of the site be in accordance with a detailed drainage plan / report, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, prior to issuance of any Building Permit(s). This report must also determine the impact this development will have on the existing 26 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 storm sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing storm system; e. The developer must provide all utilities underground, including power and telephone from the existing overhead facilities, as required in the City of Saint John Subdivision Bylaw and that any costs to extend or improve off -site infrastructure to serve the development be completed at the developer's expense; No portion of the site be developed, nor shall any site preparation occur, except in accordance with corresponding detailed plans including, but not limited to, a site plan, building elevations, a landscape plan and a grading plan, all of which are to be prepared by the proponent of the development and subject to the approval of Common Council and incorporated into a Development Agreement, as a statutory amendment to these conditions; g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of the site shall be completed within 5 years of the date of the rezoning coming into effect. Should this not occur, no further development of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of the site shall be permitted and Council shall take steps to immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5) and 39(6) of the Community Planning Act and the land shall return to its previous zone; and h. In accordance with Section 39(8) of the Community Planning Act, the applicant shall provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover expenses related to the cancellation of the conditional rezoning agreement and /or repeal of the rezoning in the event that the conditions attached to the rezoning cannot be met, as per policy 1 -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial completion of the development for which the rezoning is granted. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled "By -Law Number C.P. 110 -200, A Law to Amend the Zoning By -Law of The City of Saint John re- zoning a parcel of land with an area of approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also identified as being PID number 55117071 and a portion of PID numbers 00050823, 55153332, 55151609, 55145551 and 55145544, from "R -S2" One and Two Family Suburban Residential to "TH" Townhouse and "RM -2" High Rise Multiple Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the By -Law entitled, "By -Law Number C. P. 110 -200, A Law to Amend the Zoning By -Law of The City of Saint John ". 10.2 Third Reading Traffic By -Law Amendment Respecting Parking on King Street East On motion of Councillor McAlary Seconded by Councillor Snook 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 ", amending Section 16 and Schedule H -1 —Alternate Side Parking regarding King Street East, be read. Question being taken, the motion was carried. 27 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012 /LE 13 AOUT 2012 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 ", was read in its entirety. On motion of Councillor Snook Seconded by Councillor McAlary 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 ", amending Section 16 and Schedule H -1 — Alternate Side Parking regarding King Street East, 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 "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 ", 11. Submissions by Council Members 11.1 United Way Presentation (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the letter from Mayor Norton entitled United Way Presentation be referred to the Clerk for scheduling. Question being taken, the motion was carried. 11.2 Scheduling of Meetings (Deputy Mayor Rinehart) A motion was moved by the Deputy Mayor and seconded by Councillor Reardon to consistently schedule regular open session Council meeting to begin at 7:00 p.m. On motion of Councillor McAlary Seconded by Councillor Fullerton RESOLVED that item 11.2 Scheduling of Meetings (Deputy Mayor Rinehart), be tabled until the next meeting of Council. Question being taken, the motion was carried with Councillor MacKenzie voting nay. 11.3 Recommendation for Committee Review (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that, as part of the overall review of ABC's, the final report from the Committee also include recommendations for elimination, combination and /or change of mandate that would improve the effectiveness and efficiency of our ABC structure. Question being taken, the motion was carried. 11.4 Boutique Liquor Store (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that Council send a letter supporting the Saint John Hotel Association's bid for a boutique liquor store in the uptown area. Question being taken, the motion was carried. 11.5 Criminal Record Checks for Appointees (Councillor Fullerton) The Common Clerk advised that the City cannot collect information beyond what is required to serve on a committee. 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 On motion of Councillor Fullerton Seconded by Councillor Farren RESOLVED that item 11.5 Criminal Record Checks for appointees be referred to the Common Clerk and City Solicitor. Question being taken, the motion was carried. 11.6 Function Mapping (Mayor Norton) On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that item 11.6 Function Mapping be lifted from the table. Question being taken, the motion was carried with Councillor Farren voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that notwithstanding the City's procurement policy, Council enter into an agreement with Dr. Howatt to carry out implementing a Function Mapping process for the City of Saint John with a maximum budget envelope of $20,000.00, plus incidental expenses, to be completed by the end of October, 2012. Councillor Farren stated that he does not agree with spending further funds on studies Councillor Fullerton stated that she would not support the motion unless Council cancels the other recently approved studies. Question being taken, the motion was carried with Councillors Farren and Fullerton voting nay. 11.7 Manawagonish Road Truck Route (Deputy Mayor Shelley Rinehart) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that item 11.7 Manawagonish Road Truck Route be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that, for safety reasons, the City Manager investigate the historical and current designation of Manawagonish Road as a truck route. Question being taken, the motion was carried. On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that the City Manager be directed to examine the truck routes in Saint John and make recommendations to improve public safety. Question being taken, the motion was carried. 12. Business Matters- Municipal Officers 12.1 City Manager: Proposed Change to Market Place West Master Plan On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that item 12.1 Proposed Change to Market Place West Master Plan, be lifted from the table. Question being taken, the motion was carried. 29 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012 /LE 13 AOUT 2012 M. Hugenholtz, Operations Manager, appeared before Council and responded to questions regarding the submitted report. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -189: Proposed Change to Market Place West Master Plan, Common Council authorize a change to be made to the Market Place West 2010 Master Plan to incorporate a splash pad into the design in lieu of the outdoor rink. Question being taken, the motion was carried. 12.2a) City Manager: Capacity of the Fire Department to Deal with Dilapidated and Derelict Building under the Provisions of the Fire Prevention Act 12.2b) City Solicitor: Vacant and Derelict Buildings and The Fire Prevention Act Referring to the submitted report, the Fire Chief appeared before Council and responded to questions. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the report M &C 2012 -201: Capacity of the Fire Department to Deal with Dilapidated and Derelict Building under the Provisions of the Fire Prevention Act be received for information. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the City Solicitor be directed to prepare a draft fire prevention by -law, which is to include the cost of enforcement and cost recovery fees. Question being taken, the motion was carried. 12.3 City Solicitor: By -Law Respecting Unsecured Refuse on Properties On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED that the submitted report entitled By- Law Respecting Unsecured Refuse on Properties, be received for information; and further, the City Solicitor be directed to report back with a draft By -Law Respecting Unsecured Refuse on Properties, by the end of November 2012. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor McAlary RESOLVED the following item be added to Council's agenda: Actionable Items /Record of Motions (Councillor Farren) Question being taken, the motion was carried. Actionable Items /Record of Motions (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the City Manager be directed to devise a plan to complete the outstanding resolutions of Council appearing on the Actionable Items /Record of Motions document. Question being taken, the motion was carried. 12.4a) City Manager: Saint John Taxicab By -Law Amendment M &C 2012 -202 30 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AO(JT 2012 12.4b) City Solicitor: Proposed Amendment to the Taxicab By -Law (1St and 2nd Reading Attached) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled "A By -Law to Amend By -Law Number M -12 - A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John" amending Section 23 by deleting subsection 23(4), be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law to Amend By -Law Number M -12 - A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John ". On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled "A By -Law to Amend By -Law Number M -12 - A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John" amending Section 23 by deleting subsection 23(4), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law to Amend By -Law Number M- 12 - A By -Law Respecting the Regulating and Licensing of Owners and Operators of Taxicabs in the City of Saint John ". 12.5 City Manager: Adding Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished by the City On motion of Councillor MacKenzie Seconded by Councillor Merrithew RESOLVED that the report M &C 2012 -203: Adding Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished by the City be received for information; and further, the City Manager be directed to examine additional possible methods to supply topsoil to vacant lots. Question being taken, the motion was carried. (The Mayor withdrew from the meeting and the Deputy Mayor replaced him as the Chair) (Councillor Fullerton and Farren withdrew from the meeting) 12.6 City Manager: The 2012 Heritage Grant Program On motion of Councillor Reardon Seconded by Councillor Norton RESOLVED that the report M & C 2012 -204: The 2012 Heritage Grant Program be referred to the City Manager to examine the possibility of allocating the budgeted funds for the Heritage Grant Program towards the integrity of heritage buildings. Question being taken, the motion was carried. (The Mayor reentered the meeting and took the place of Chair) (Councillors Farren and Fullerton reentered the meeting) 12.7 Commissioner of Finance: Capital Financing His Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of 30 days from this day, move or cause to be moved the following resolution: On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that occasion having arisen in the 31 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012 /LE 13 AOUT 2012 public interest for the following Public Civic Works and needed Civic Improvements, that is to say: The City of Saint John Proposed issue of Debentures To Be Dated On or After September 12, 2012 Purpose of Issue General Fund Protective Services $ 500,000 Transportation Services $ 6,500,000 Economic Development $ 3,000,000 Parks and Recreation $ 1,500,000 11,500,000 Water & Sewerage Utility Water System $ 1,000,000 Sewer System $ 7,500,000 8,500,000 Saint John Transit 4,500,000 Total $24,500,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $24,500,000. Question being taken, the motion was carried. 12.8 City Manager: Strategic Framework: Public Engagement Strategy J. Hamilton, Commissioner of Strategic Services, appeared before Council and responded to questions. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart 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. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report entitled Strategic Framework: Public Engagement Strategy, Common Council endorse the proposed public engagement strategy to support informed decision making related to 2013 service -based budget process inclusive of the Council priority setting and core service review. Question being taken, the motion was carried with Councillors Fullerton, MacKenzie and Merrithew voting nay. 12.9 City Manager: Strategic Framework - Citizen Survey On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report entitled Strategic Framework - Citizen Survey, the City direct engage Ipsos Reid to conduct the 2012 Citizen Survey in the amount of $40,000 plus HST to support on -going efforts to measure performance and engage the public for input on the 2013 service -based budget. 32 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 Question being taken, the motion was carried with Councillors Fullerton, MacKenzie and Merrithew voting nay. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the City Manager be directed to provide a vehicle for Council to give input into the citizen survey questions. Question being taken, the motion was carried. 12.10 City Manager: Golden Mile Corridor Plan On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -200: Golden Mile Corridor Plan that Common Council: 1. Receive for information the Golden Mile Corridor Plan Background Report for the purposes of guiding the forthcoming public engagement session; 2. Schedule a public open house to launch the Corridor Plan for September 6, 2012 from 5:00pm to 7:00pm at the Royal Canadian Legion, 714 Wilson Street. Question being taken, the motion was carried. 12.11 Common Clerk: Job Descriptions for Senior Officers On motion of Councillor McAlary Seconded by Councillor Snook RESOLVED that the report entitled Job Descriptions for Senior Officers be received for information. Question being taken, the motion was carried. 12.12 City Manager: Contract No. 2012 -23: Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that item 12.12 Contract No. 2012 -23: Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Fullerton RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -209: Contract No. 2012 -23: Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction: 1. Contract 2012 -23: Frederick & Seaton Street - Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $ 1,129,406.75 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2. Council approve utilizing the $300,000 surplus GTF funding from the Alward Street Sanitary Sewer Installation project towards the Frederick & Seaton Street Reconstruction project. Question being taken, the motion was carried. 33 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012 /LE 13 AOOT 2012 12.13 City Manager: Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED item 12.13 Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -207: Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction, Council pre - approve supplementary funding in the amount of $1,800,000 under the 2013 General Fund Capital Program to allow the reconstruction of Somerset Street between Wellesley Avenue and Samuel Davis Drive to proceed as outlined in this report. Question being taken, the motion was carried. 13. Committee Reports 13.1 Discover Saint John — New Brunswick Tourism Industry Structure Review On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that the report from Discover Saint John entitled New Brunswick Tourism Industry Structure Review be received for information. Question being taken, the motion was carried. 13.2 Committee of the Whole: Staffing for the Heritage Conservation Service On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that, notwithstanding the hiring freeze imposed by Common Council, the City Manager be directed to immediately commence the recruitment process to hire a Heritage Analyst. Question being taken, the motion was carried with Councillors Farren, Fullerton and Merrithew voting nay. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on July 16, 2012, be approved. Question being taken, the motion was carried. 16. Adjournment The Mayor declared the meeting adjourned at 10:40 p.m. Mayor / maire Common Clerk / greffiere communale 34 97- COMMON COUNCIL / CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 13 AOOT 2012 A 18 H 45 Sont presents : Mel Norton, maire la mairesse suppleante Rinehart et les conseillers Farren, MacKenzie, Merrithew, Norton, Snook et les conseilleres Fullerton, McAlary et Reardon -et - P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux services financiers et administratifs; K. Forrest, commissaire aux services de developpement et de croissance; W. Edwards, commissaire aux services de transport et d'environnement; 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; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Norton et le pasteur David McElhinney recite la priere d'ouverture. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 25 juin 2012 Proposition du conseiller Merrithew Appuyee par le conseiller Snook RESOLU que le proces- verbal de la seance du conseil communal tenue le 25 juin 2012 soit approuve. A ('issue du vote, la proposition est adoptee. 2.2 Proces- verbal de la seance tenue le 3 juillet 2012 Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que le proces- verbal de la seance du conseil communal tenue le 3 juillet 2012 soit approuve. A ('issue du vote, la proposition est adoptee. 2.3 Proces- verbal de la seance tenue le 16 juillet 2012 La mairesse suppleante Rinehart indique que la motion qu'elle a deposee lors de la seance du 16 juillet 2012 n'apparaissait pas dans le proces- verbal. Elle demande donc que ledit document soit revise. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que le proces- verbal de la seance du conseil communal tenue le 16 juillet 2012 soit transmis a la greffiere communale pour qu'elle puisse le modifier. A ('issue du vote, la proposition est adoptee. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Rinehart Appuyee par le conseiller Merrithew RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 13.2, Comite plenier : Dotation du Service de la conservation du patrimoine. 35 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 A I'issue du vote, la proposition est adoptee. 4. Divulgations de conflits d'interets Le maire et la conseillere Fullerton declarent titre en conflit d'interets avec le point 12.6 Programme de subventions au patrimoine de 2012. 5. Questions soumises a I'approbation du conseil 5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -199: Date proposee pour la tenue d'audiences publiques concernant le 317, chemin City Line et le 80, chemin Kierstead, le conseil communal fixe la date des audiences publiques relativement aux demandes de rezonage deposee par Serge Ethier (317, chemin City Line) et par Sunstar Ltd. (80, chemin City Line) au lundi 10 septembre 2012 a 19 h, dans la salle du conseil, et que les demandes soient soumises au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et de recommandations. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule Entente relative a I'adoption precoce du logiciel de service a la clientele avec Sungard Public Sector Inc. : 1. la Ville conclue une entente relative a I'adoption precoce du logiciel, laquelle doit essentiellement respecter les conditions enoncees dans la Iettre adressee au conseil, avec Sungard Public Sector Inc. aux fins d'essais et d'obtention des droits pour ('utilisation d'un logiciel de gestion des relations avec la clientele (GRC); 2. le maire et la greffiere soient autorises a signer ladite entente. Proposition de la conseillbre McAlary 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. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 8. Delegations et presentations 8.1 Uptown Saint John Inc. — Presentation relative aux promenades ecologiques Faisant reference a une presentation anterieure, Anne McShane et Jeff Roach, representants du comite Green Feet d'Uptown Saint John, mettent le conseil a jour sur un projet qui vise a construire une piste cyclable /voie de transport actif de 5,3 km, soit de I'hopital regional de Saint John au passage du port. T. O'Reilly, gestionnaire des services pietonniers et des services de circulation, se presente devant le conseil et repond aux questions sur le projet relatif a la voie de transport actif. Proposition de la conseillbre McAlary Appuyee par le conseiller Snook RESOLU que I'article 10.7 de I'arrete procedural du conseil soit suspendu pour permettre au conseil d'etudier une motion relativement aux questions presentees. A I'issue du vote, la proposition est adoptee. Proposition de la conseillbre McAlary Appuyee par le conseiller Merrithew RESOLU que la presentation du comite Green Feet d'Uptown Saint John portant sur la voie de transport actif soit transmise au directeur 36 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 general aux fins d'etablissement d'un rapport et que cette question soit soumise aux deliberations budgetaires de 2013. A Tissue du vote, la proposition est adoptee. 9. Audiences publiques a 19 h (Le conseiller Farren quitte la seance.) 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de I'Arrete de zonage visant les 1450 -1600, chemin Sandy Point 10.1b) Conditions imposees par I'article 39 Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que 1'arrete intitule «Arrete no C.P. 110- 200 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant le NID 55117071 et inscrite en partie sous les NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 » a zone de maisons en rangee « TH » et a zone d'immeubles- tours a logements multiples « RM -2 » , fasse l'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C. P. 110 -200 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. L'avocat municipal signale que la condition « f » du document relatif aux conditions imposees par ('article 39 renvoie a la deforestation, et it ajoute que seule la coupe a blanc est interdite par les conditions imposees par ('article 39. La conseillere McAlary propose, appuyee par la mairesse suppleante, que la question soit transmise au directeur general pour qu'il modifie la formulation de la condition « f » figurant a I'article 39. La motion est par la suite retiree par la proposeuse et I'appuyeuse. En reponse a une demande voulant que I'on fournisse au conseil une nouvelle formulation pour la condition « f » de I'article 39, le directeur general propose 1'enonce suivant : « Toute partie du site doit titre amenagee, et toute preparation du site ne doit avoir lieu, conformement aux plans de situation correspondants y compris... », et it fait remarquer que cette formulation pourrait remplacer les deux premieres lignes de la condition « f », et que le reste du texte pourrait rester en 1'etat. (Le conseiller Farren se joint de nouveau a la seance.) Proposition du conseiller Farren Appuyee par la conseillere Fullerton RESOLU qu'en vertu des dispositions de I'article 39 de la Loi sur l'urbanisme, I'amenagement propose de la parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant le NID 55117071 et inscrite en partie sous les NID 00050823, 55153332, 55151609, 55145551 et 55145544, soit assujetti a une entente detaillee comprenant notamment les conditions suivantes : a. Avant que le site ne soit amenage, le promoteur doit mener une analyse de la stabilite de la pente pour s'assurer que le projet d'amenagement peut avoir lieu sur le terrain, sous reserve de I'approbation de l'inspecteur en chef des batiments ou de son representant; b. avant que le site ne soit amenage, le promoteur doit proceder a une analyse sur les incidences de la circulation pour definir toutes les ameliorations qui doivent titre apportees au chemin Sandy Point, ainsi qu'a ('intersection du chemin Sandy Point et des rues futures ou des points d'acces qui relient le site propose aux fins d'amenagement a une rue publique, et ce, dans le but de faciliter 1'execution du projet d'amenagement dans son integralite. L'analyse doit 37 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 tenir compte de la pente et des donnees topographiques et sera assujettie a I'approbation de I'ingenieur municipal en chef ou de son representant; c. I'amenagement du site doit titre conforme a une analyse technique du reseau d'aqueduc et d'egouts permettant de determiner ('incidence de cet amenagement sur ('infrastructure existante, ainsi qu'un plan detaille des services d'ingenierie soumis a I'approbation de I'ingenieur municipal en chef ou de son representant, avant I'approbation de tout permis de construction; d. I'amenagement du site doit titre conforme a un plan de drainage detaille, prepare par le promoteur et sujet a I'approbation de l'ingenieur municipal en chef ou son representant, avant qu'un permis de construction ne soit delivre. Ce rapport doit permettre egalement de determiner ('incidence que cet amenagement aura sur ('infrastructure existante du reseau d'aqueduc et d'egouts et de veiller a ce que cette proposition ne depasse pas la capacite actuelle du systeme d'egouts pluviaux existant; e. le promoteur doit prevoir toutes les installations d'utilite publique souterraines, y compris les services d'electricite et de telephone, depuis les lignes aeriennes existantes, conformement aux exigences stipulees par I'Arrete de lotissement de The City of Saint John, et I'agrandissement ou la modernisation des infrastructures hors site requis pour desservir I'amenagement devra titre effectue aux frais du promoteur; toute partie du site doit titre amenagee, et toute preparation du site doit avoir lieu, conformement aux plans detailles correspondants, y compris, sans toutefois s'y limiter, un plan de situation, des plans d'elevation, un plan paysager et un plan de nivellement, lesquels doivent titre prepares par le promoteur du projet d'amenagement, assujettis a I'approbation du conseil communal et integres dans une entente d'amenagement, en tant que modification legislative apportee a ces conditions; g. I'amenagement de la zone de maisons en rangee « TH » et de la zone d'immeubles -tours a logements multiples o RM -2 » doit avoir lieu dans les cinq ans qui suivent la date a laquelle le rezonage entre en vigueur. Si ce West pas le cas, aucun autre projet d'amenagement de la zone de maisons en rangee « TH » et de la zone d'immeubles -tours a logements multiples « RM -2 » sur le site ne sera permis et le conseil devra prendre les mesures qui s'imposent pour abroger 1'entente de rezonage et le rezonage lui -meme en vertu des paragraphes 39(5) et 39(6) de la Loi sur 1'urbanisme. En outre, le terrain devra retrouver sa designation de zonage precedente; conformement au paragraphe 39(8) de la Loi sur l'urbanisme, le requerant doit fournir un cheque certifie d'un montant de mille dollars (1 000 $) pour couvrir les depenses liees a I'annulation de 1'entente conditionnelle sur le rezonage ou a I'abrogation du rezonage dans le cas ou les conditions associees au rezonage ne peuvent pas titre respectees, comme le prevoit le principe 1 -5 du plan municipal. Le montant du cheque certifie sera rembourse si le projet d'amenagement pour lequel le rezonage est accorde est presque acheve. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que 1'arrete intitule «Arrete n° C.P. 110- 200 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee aux 1450 -1600, chemin Sandy Point, d'une superficie approximative de 8,9 hectares, portant le NID 55117071 et inscrite en partie sous les NID 00050823, 55153332, 55151609, 55145551 et 55145544, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales IN 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 et bifamiliales « RS -2 » a zone de maisons en rangee « TH » et a zone d'immeubles- tours a logements multiples « RM -2 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -200 modifiant I'Arrete de zonage de The City of Saint John ». 10.2 Troisieme lecture de la modification de I'Arrete relatif au stationnement sur la rue King Est Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'article 16 et I'annexe H -1, visant I'alternance du stationnement sur la rue King Est, fasse l'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'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 » est lu integralement. Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'article 16 et I'annexe H -1, visant I'alternance du stationnement sur la rue King Est, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme 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 ». 11. Interventions des membres du conseil 11.1 Presentation de Centraide (maire Norton) Proposition de la conseillere McAlary Appuyee par le conseiller Farren RESOLU que la lettre du maire Norton intitulee Presentation de Centraide soit transmise a la greffiere pour qu'une date de presentation soit fixee. A Tissue du vote, la proposition est adoptee. 11.2 Etablissement du calendrier relatif aux reunions du conseil (mairesse suppleante Rinehart) La mairesse suppleante Rinehart propose, appuyee par la conseillere Reardon, que les seances publiques ordinaires du conseil debutent systematiquement a 19 h. Proposition de la conseillere McAlary Appuyee par la conseillere Fullerton RESOLU que le point 11.2 Etablissement du calendrier relatif aux reunions du conseil soit reporte jusqu'a la prochaine seance du conseil. A ('issue du vote, la proposition est adoptee. Le conseiller MacKenzie vote contre la proposition. 39 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 11.3 Recommandation d'examen par le comite (mairesse suppleante Rinehart) Proposition de la mairesse suppleante Rinehart Appuyee par le conseiller Merrithew RESOLU que, dans le cadre de 1'examen global des organismes, conseils et commissions, le rapport definitif du comite inclue egalement des recommandations quant a la suppression, au regroupement ou a la modification de mandats en vue d'ameliorer 1'efficacite et 1'efficience de la structure des organismes, conseils et commissions. A Tissue du vote, la proposition est adoptee. 11.4 Magasin- boutique de la Societe des alcools (mairesse suppleante Rinehart) Proposition de la mairesse suppleante Rinehart Appuyee par le conseiller Farren RESOLU que le conseil fasse parvenir une lettre de soutien relativement a la soumission presentee par I'Association des hoteliers de Saint John quant au projet de construction d'un magasin- boutique de la Societe des alcools en centre- ville. A Tissue du vote, la proposition est adoptee. 11.5 Verifications de casier judiciaire pour les candidats (conseillere Fullerton) La greffiere communale indique que la Ville ne peut pas recueillir plus de renseignements que ceux requis dans le cadre de la presentation d'une candidature pour sieger au sein d'un comite. Proposition de la conseillere Fullerton Appuyee par le conseiller Farren RESOLU que le point 11.5 Verifications de casier judiciaire pour les candidats soit transmis a la greffiere communale et a I'avocat municipal. A Tissue du vote, la proposition est adoptee. 11.6 Cartographie (maire Norton) Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que le point 11.6 Cartographie soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. Proposition de la conseillere McAlary Appuyee par le conseiller MacKenzie RESOLU que, nonobstant la politique d'approvisionnement de la Ville, le conseil conclue une entente avec monsieur Howatt pour la mise en ceuvre, avant la fin du mois d'octobre 2012, d'un processus de cartographie pour la Ville de Saint John moyennant une enveloppe budgetaire ne depassant pas 20 000 $, depenses imprevues en sus. Le conseiller Farren declare qu'il nest pas d'accord avec ('allocation de fonds supplementaires aux etudes. La conseillere Fullerton declare qu'elle n'appuiera la proposition que si le conseil annule les autres etudes qui ont recemment ete approuvees. A ('issue du vote, la proposition est acceptee. Le conseiller Farren et la conseillere Fullerton votent contre la proposition. 11.7 Voies reservees aux camions sur le chemin Manawagonish ( mairesse suppleante Shelley Rinehart) .x 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que le point 11.7 Voies reservees aux camions sur le chemin Manawagonish soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary RESOLU que, pour des raisons de securite, le directeur general enqubte sur la designation historique et actuelle du chemin Manawagonish en tant que vole reservee aux camions. A ('issue du vote, la proposition est adoptee. Proposition du conseiller MacKenzie Appuyee par le conseiller Farren RESOLU que le directeur general soit charge d'examiner les voies reservees aux camions a Saint John et de faire des recommandations en vue d'ameliorer la securite publique. A ('issue du vote, la proposition est adoptee. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Modification proposee au plan d'amenagement de la place Market Ouest Proposition de la mairesse suppleante Rinehart Appuyee par le conseiller Farren RESOLU que le point 12.1 Modification proposee au plan d'amenagement de la place Market Ouest soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. M. Hugenholtz, directeur des operations, se presente devant le conseil et repond aux questions sur le rapport soumis. Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -189 : Modification proposee au plan d'amenagement de la place Market Ouest, le conseil communal autorise qu'une modification soit apportee au plan d'amenagement de la place Market Ouest de 2010 en vue d'integrer, a la conception, une fontaine a jets douchants au lieu d'une patinoire exterieure. A ('issue du vote, la proposition est adoptee. 12.2a) Directeur general : Capacite du Service d'incendie a gerer les batiments delabres et abandonnes en vertu des dispositions de la Loi sur la prevention des incendies 12.2b) Avocat municipal : 15timents vacants et abandonnes et la Loi sur la prevention des incendies Faisant reference a un rapport depose anterieurement, le chef du service d'incendie se presente devant le conseil et repond aux questions. Proposition du conseiller Farren Appuyee par la conseillere McAlary RESOLU que le rapport intitule M/C 2012- 201 : Capacite du Service d'incendie a gerer les batiments delabres et abandonnes en vertu des dispositions de la Loi sur la prevention des incendies soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 41 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que I'avocat municipal soit charge de rediger un arrete provisoire en matiere de prevention des incendies, lequel doit inclure les couts lies a ('application et les droits pour le recouvrement des couts. A ('issue du vote, la proposition est adoptee. 12.3 Avocat municipal : Arrete propose concernant I'entreposage de residus non securitaires sur les proprietes Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que le rapport soumis intitule Arrete propose concernant 1'entreposage de residus non securitaires sur les proprietes, soit accepte a titre informatif; et que I'avocat municipal soit charge de presenter un arrete provisoire concernant 1'entreposage de residus non securitaires sur les proprietes d'ici la fin de novembre 2012. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par la conseillere McAlary RESOLU que le point suivant soit ajoute a I'ordre du jour du conseil : Points pouvant faire ('objet de mesures /Liste des motions (conseiller Farren). A ('issue du vote, la proposition est adoptee. Points pouvant faire ('objet de mesures /Liste des motions (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le directeur general soit charge de concevoir un plan pour la mise en oeuvre des resolutions en suspens du conseil qui apparaissent dans le document intitule Points pouvant faire ('objet de mesures /Liste des motions. A ('issue du vote, la proposition est adoptee. 12.4a) Directeur general : Modification de I'Arrete de Saint John reglementant les taxis — M/C 2012 -202 12.4b) Avocat municipal : Projet de modification de I'Arrete de Saint John reglementant les taxis (premiere et deuxieme lectures ci- jointes) Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe 23(4), fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures- taxis et de l'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John ». Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que I'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures -taxis et de I'octroi de permis aux proprietaires et exploitants de 42 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 taxis dans The City of Saint John », modifiant I'article 23 en supprimant le paragraphe 23(4), fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete numero M -12 — Arrete portant reglementation des activites des proprietaires et exploitants de voitures- taxis et de l'octroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John ». 12.5 Directeur general : Ajout de terre vegetale et de graines de graminees aux lots vacants apres que la Ville a procede a la demolition d'un batiment juge dangereux Proposition du conseiller MacKenzie Appuyee par le conseiller Merrithew RESOLU que le rapport intitule M/C 2012- 203 : Ajout de terre vegetale et de graines de graminees aux lots vacants apres que la Ville a procede a la demolition d'un batiment juge dangereux, soit accepte a titre informatif et que le directeur general soit charge d'examiner d'autres methodes permettant de fournir de la terre vegetale aux lots vacants. A Tissue du vote, la proposition est adoptee. (Le maire quitte la reunion et la mairesse suppleante assume la presidence a sa place.) (La conseillbre Fullerton et le conseiller Farren quittent la reunion.) 12.6 Directeur general : Programme de subventions au patrimoine de 2012 Proposition de la conseillbre Reardon Appuyee par le conseiller Norton RESOLU que le rapport intitule M/C 2012- 204 : Programme de subventions au patrimoine de 2012 soit transmis au directeur general pour qu'il examine la possibilite d'allouer des fonds budgetaires au programme de subventions au patrimoine pour conserver I'integrite des b5timents patrimoniaux. A Tissue du vote, la proposition est adoptee. (Le maire revient et assume la presidence.) (Le conseiller Farren et la conseillere Fullerton reintbgrent la seance.) 12.7 Commissaire aux finances : Financement des immobilisations Monsieur le Maire donne lecture de I'avis de motion suivant : « Par les presentes, je vous avise, qu'au cours d'une seance du conseil communal, tenue a la suite de 1'expiration d'un delai de 30 jours a compter de ce jour, je presenterai ou ferai presenter la resolution suivante : Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew IL EST RESOLU que, compte tenu de la necessite, dans I'interet public, de proceder a 1'execution de travaux municipaux et d'apporter certaines ameliorations municipales relativement aux elements enumeres ci- dessous The City of Saint John Emission d'obligations non garanties proposees Date d'emission : le 12 septembre 2012 ou ulterieurement Objet de 1'emission : Fonds d'administration Services de protection 500 000 $ Services de transport 6 500 000 $ Developpement economique 3 000 000 $ Pares et loisirs 1 500 000 $ 11 500 000 $ 43 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 Services d'aqueduc et d'egouts Reseau d'aqueduc 1 000 000 $ Reseau d'egouts 7 500 000 $ 8 500 000 $ Commission des transports de Saint John 4 500 000 $ Total 24 500 000 $ IL EST RESOLU que des debentures soient emises conformement aux dispositions de la Loi 52 de I'Assemblee, Victoria, chapitre 27, article 29, ainsi que les modifications afferentes, pour la somme de 24 500 000 $. A Tissue du vote, la proposition est adoptee. 12.8 Directeur general : Cadre strategique — Strategie visant a faire participer le public J. Hamilton, commissaire aux services strategiques, se presente devant le conseil et repond aux questions. Proposition de la conseillbre McAlary Appuyee par la mairesse suppleante Rinehart RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de 1'arrete procedural. A Tissue du vote, la proposition est adoptee. Proposition de la conseillbre McAlary Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Cadre strategique — Strategie visant a faire participer /e public, le conseil communal appuie la strategie proposee relative a I'interessement du public afin de soutenir la prise de decisions eclairees dans le cadre du processus relatif au budget fonde sur les services pour 2013, y compris 1'etablissement des priorites du Conseil et 1'examen des services de base. A ('issue du vote, la proposition est acceptee. La conseillbre Fullerton et les conseillers MacKenzie et Merrithew votent contre la proposition. 12.9 Directeur general : Cadre strategique — Sondage mene aupres des citoyens Proposition du conseiller Farren Appuyee par la conseillbre McAlary RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Cadre strategique — Sondage mene aupres des citoyens, la Ville retienne les services d'lpsos Reid pour mener le sondage de 2012 auprbs des citoyens, moyennant la somme de 40 000 $, TVH en sus, et ce, dans le but de soutenir les efforts deployes pour mesurer le rendement et solliciter l'avis des citoyens sur le processus relatif au budget fonde sur les services pour 2013. A ('issue du vote, la proposition est acceptee. La conseillbre Fullerton et les conseillers MacKenzie et Merrithew votent contre la proposition. Proposition du conseiller Norton Appuyee par le conseiller Farren RESOLU que le directeur general soit charge de fournir aux membres du conseil les moyens de participer a 1'e1aboration des questions du sondage mene auprbs des citoyens. A ('issue du vote, la proposition est adoptee. .. 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 12.10 Directeur general : Plan relatif au couloir du mile d'or Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -200: Plan relatif au couloir du mile d'or, le conseil communal : 1. accepte a titre informatif le rapport d'information sur le plan relatif au couloir du mile d'or, lequel servira de guide lors de la prochaine seance de mobilisation du public; 2. fixe la date d'une journee portes ouvertes pour le public dans le cadre du lancement du plan relatif au couloir du mile d'or au 6 septembre 2012, de 17 h a 19 h, a la Legion royale canadienne, situee au 714, rue Wilson. A I'issue du vote, la proposition est adoptee. 12.11 Greffiere communale : Descriptions de postes pour les agents de niveau superieur Proposition de la conseillere McAlary Appuyee par le conseiller Snook RESOLU que le rapport intitule Descriptions de postes pour les agents de niveau superieur soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.12 Directeur general — Contrat n° 2012 -23 : Rues Frederick et Seaton — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection Proposition de la conseillere McAlary Appuyee par le conseiller Merrithew RESOLU que le point 12.12 Contrat no 2012- 23 : Rues Frederick et Seaton — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. Proposition de la conseillere McAlary Appuyee par la conseillere Fullerton RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -209 : Contrat no 2012-23: Rues Frederick et Seaton — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection:- 1. le contrat no 2012 -23 : Rues Frederick et Seaton — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 1 129 406,75 $, etabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires; 2. le conseil approuve ('utilisation des 300 000 $ de financement supplementaire du fonds de la taxe sur 1'essence provenant du projet relatif a ('installation d'egouts sanitaires sur la rue Alward pour le projet de reconstruction des rues Frederick et Seaton. A I'issue du vote, la proposition est adoptee. 12.13 Directeur general : Rue Somerset (de I'avenue Wellesley a la promenade Samuel Davis) — Installation des egouts pluviaux et travaux de refection de la rue Proposition de la mairesse suppleante Rinehart Appuyee par la conseillere McAlary 45 97- COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2012/LE 13 AOUT 2012 RESOLU que le point 12.13 Rue Somerset (de I'avenue Wellesley a la promenade Samuel Davis) — Installation des 6gouts pluviaux et travaux de refection de la rue soit soumis aux fins de discussion. A I'issue du vote, la proposition est adopt6e. Proposition de la conseillere McAlary Appuy6e par le conseiller MacKenzie RESOLU que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2012 -207: Rue Somerset (de 1'avenue Wellesley a la promenade Samuel Davis) — Installation des egouts pluviaux et travaux de refection de la rue, le conseil approuve pr6alablement un financement suppl6mentaire a hauteur de 1 800 000 $ dans le cadre du programme d'immobilisations du fonds d'administration pour 2013 pour 1'ex6cution des travaux de reconstruction de la rue Somerset, entre I'avenue Wellesley et la promenade Samuel Davis, tels qu'ils sont d6crits dans le pr6sent rapport. A I'issue du vote, la proposition est adopt6e. 13. Rapports deposes par les comites 13.1 Decouvrez Saint John — Revision de la structure de I'industrie du tourisme au Nouveau - Brunswick Proposition du conseiller Snook Appuy6e par le conseiller Norton RESOLU que le rapport de D6couvrez Saint John intitul6 R6vision de la structure de l'industrie du tourisme au Nouveau - Brunswick soit accept6 a titre informatif. A I'issue du vote, la proposition est adopt6e. 13.2 Comite plenier : Dotation du Service de la conservation du patrimoine Proposition de la conseillere McAlary Appuy6e par le conseiller Merrithew RESOLU que, nonobstant le gel des embauches impos6 par le conseil communal, le directeur general soit charge d'entamer imm6diatement le processus de recrutement pour 1'embauche d'un analyste en conservation du patrimoine. A I'issue du vote, la proposition est accept6e. Les conseillers Farren et Merrithew et la conseillere Fullerton votent contre la proposition. Proposition de la mairesse suppl6ante Rinehart Appuy6e par la conseillere McAlary RESOLU que le proces- verbal de la s6ance du conseil communal tenue le 16 juillet 2012 soit approuv6. A I'issue du vote, la proposition est adopt6e. 16. Levee de la seance Le maire d6clare que la s6ance est levee a 22 h 40. maire greffiere communale ., l 97- COMMON COUNCILICONSEIL COMMUNAL AUGUST 20, 2012/LE 20 AOUT 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 20TH, 2012 - 5:00 P.M. Present: Mel Norton, Mayor Councillors Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and Strowbridge -and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; K. Clifford, Fire Chief; E. Gormley, Common Clerk and J. Beltrandi Chown, Administrative Assistant. 1. Call To Order Mayor Norton called the meeting to order. On motion of Councillor Mackenzie Seconded by Councillor McAlary RESOLVED that item 1.2 from the Supplemental Agenda entitled Scheduling of Priority Setting Sessions, be lifted from the table. Question being taken, the motion was carried. 1.2 Scheduling of Priority Setting Session On motion of Councillor McAlary Seconded by Councillor Mackenzie RESOLVED that Council approve the following dates for Council meetings: Wednesday, August 29t", 2012 at 5:00 pm; Saturday, September 29th, 2012 at 8:30 a.m. and Saturday, October 13th, 2012 8:30 a.m. all to be held at the Rockwood Park Interpretation Center. Question being taken, the motion was carried. 1.1 Orientation Session on Public Sector Governance Referring to a submitted presentation, Daryl Wilson, FCA, former Auditor General for the Province of New Brunswick and former Commissioner of Finance for The City of Saint John, provided an orientation session to Common Council on public sector governance. Mr. Wilson informed Council that he had been involved in conducting governance audits of crown corporations such as the Regional Health Authorities and NB Power and that it was an interest he has maintained in retirement as a consultant. He said one of the things he learned was that board members he interviewed did not have a clear understanding of their role as a board member. Mr. Wilson indicated that the role of board members is similar to the role of Council members in that it is focused on policies, procedure and strategy and not operations. (Councillor Reardon entered the meeting) Mr. Wilson explained that the strategic part of the strategic plan is to understand that not everything that Council wishes can be accomplished. He said it requires focusing on primary goals and objectives, determining service levels desired, and receiving good information in a regular and timely fashion to make good decisions. He added that once the strategic plan and goals are determined by Council it is the City Manager's job to figure out how to accomplish those goals. He added that the strategies for meeting the targets should not be confined by budget considerations and should include strategies for advocacy, community involvement and partnerships. Speaking about agencies, boards and commissions Mr. Wilson indicated that board members should have position descriptions, skill set requirements, measurable expectations and regular and timely performance reviews to improve the discipline and performance of the boards and that ideally there would be a healthy rotation of board members. 47 97- COMMON COUNCILICONSEIL COMMUNAL JULY 23, 20121LE 23 JUILLET 2012 Regarding ethics and decision making Mr. Wilson said that councillors must be open - minded and free to express their views. He warned against making commitments to a particular view when talking to citizens as this hindered their ability to change their mind at the Council table when faced with a better idea. He advised that individual councillors do not have the power to dictate policies and that only decisions made by resolution around the table are valid adding that sometimes a decision does not have unanimous approval by council but once a decision is made Council should resist revisiting the issue. Responding to a question Mr. Wilson said that judgment has to be used in determining how often each committee should report to Council. He added that boards and commissions are useful to Council for conducting preliminary work on various issues which aids Council's decisions but are not management related. He advised that any change to the system in place for boards and commissions should be based on what priorities and goals Council is trying to achieve. Mr. Wilson added that there is only so much that the City Manager and staff can do while also focusing on council's priorities. He cautioned against referring items to the City Manager out of habit and suggested that they focus on obtaining good information in a timely fashion and then making decisions. The Mayor declared the meeting adjourned at 7:10 p.m. Mayor Common Clerk EN 97- COMMON COUNCILICONSEIL COMMUNAL AUGUST 20, 20121LE 20 AOUT 2012 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 20 AOOT 2012 A 17 H Sont presents : Mel Norton, maire les conseillers MacKenzie, Merrithew, Norton, Snook, Strowbridge et les conseilleres Fullerton, McAlary et Reardon -et- P. Woods, directeur general; J. Nugent, avocat municipal; C. Graham, controleuse; K. Clifford, chef du service d'incendie; ainsi que E. Gormley, greffiere communale et J. Beltrandi Chown, adjointe administrative. Ouverture de la seance La seance est ouverte par le maire Norton. Proposition du conseiller MacKenzie Appuyee par la conseillere McAlary RESOLU que le point 1.2 issu de I'ordre du jour supplementaire et intitule Calendrier des seances visant 1'etablissement de priorites soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. 1.2 Calendrier des seances visant 1'etablissement de priorites Proposition de la conseillere McAlary Appuyee par le conseiller MacKenzie RESOLU que le conseil approuve les dates suivantes pour la tenue des reunions du conseil communal : le mercredi 29 aout 2012 A 17 h; le samedi 29 septembre 2012 A 8 h; et le samedi 13 octobre 2012 A 8 h 30. On decide en outre que ces reunions auront toutes lieu au Centre d'interpretation du parc Rockwood. A Tissue du vote, is proposition est adoptee. 1.1 Seance d'orientation sur la gouvernance dans Ile secteur public Faisant reference A une presentation anterieure, Daryl Wilson, Fellow de l'Ordre des comptables agrees (FCA), ancien verificateur general de la province du Nouveau - Brunswick et ancien commissaire aux finances pour The City of Saint John, offre une seance d'orientation portant sur la gouvernance clans le secteur public aux membres du conseil communal. M. Wilson informe le conseil qu'il a participe a is conduite de verifications en matiere de gouvernance aupres de societe d'Etat telles que les regies regionales de la sante et Energie NB et qu'il a, une fois a la retraite, conserve un interet dans ce domaine A titre d'expert- conseil. II declare avoir appris, entre autres, que les membres du conseil d'administration qu'il a interroges n'avaient pas une vision tres claire du role qui leur etait devolu. M. Wilson indique que le role d'un membre du conseil d'administration est similaire a celui des membres du conseil communal, A savoir que ('accent est mis sur les politiques, les procedures et les strategies, et non pas sur les activites de fonctionnement. (La conseillere Reardon se joint a la reunion.) M. Wilson explique que la notion cle du plan strategique consiste a realiser que le conseil ne peut pas realiser tout ce qu'il souhaite. II precise qu'il faut alors se concentrer sur les objectifs principaux, definir les niveaux de service souhaites et recevoir, regulierement et en temps opportun, des renseignements pertinents pour pouvoir prendre les bonnes decisions_ II ajoute qu'une fois que le conseil a defini le plan strategique et les objectifs, lest au directeur general que revient la tache de determiner comment remplir ces objectifs. II precise, en outre, que les strategies permettant de realiser ces objectifs ne devraient pas titre limitees par des considerations d'ordre .. 97- COMMON COUNCILICONSEIL COMMUNAL JULY 23, 20121LE 23 JUILLET 2012 budgetaire et qu'elles devraient inclure celles qui visent a encourager la defense des droits, la participation de la collectivite et les partenariats. En ce qui concerne les membres siegeant au sein des agences, des conseils d'administration et des commissions, M. Wilson indique qu'il devrait y avoir des descriptions de postes, des exigences relativement aux competences requises, des attentes mesurables, des evaluations du rendement menees regulierement et en temps opportun en vue d'ameliorer la discipline et le rendement des conseils d'administration. En outre, it ajoute que ('ideal serait une rotation saine des membres au sein des conseils d'administration. En ce qui concerne 1'ethique et la prise de decisions, M. Wilson declare que les conseillers doivent faire preuve d'ouverture d'esprit et qu'ils devraient titre libres d'exprimer leurs opinions. II met en garde les membres du conseil contre la demarche qui consiste a prendre des engagements dans le cadre d'une prise de position lorsqu'ils s'adressent aux citoyens, car cela entrave leur capacite a changer d'idee lorsqu'ils se retrouvent autour de la table du conseil et qu'une meilleure idee leur est presentee. II precise que les conseillers, seuls, n'ont pas I'autorite necessaire pour dicter des politiques et que seules les decisions prises au moyen dune resolution, autour de la table, sont valides. II ajoute egalement que parfois, une decision ne fait pas ('objet d'un accord unanime de la part du conseil, mais qu'une fois qu'une decision est prise, ce dernier ne devrait pas tenter de revenir dessus. En reponse a une question, M. Wilson declare qu'il faut exercer son jugement pour determiner la frequence a laquelle les comites doivent presenter des rapports au conseil. II ajoute que grace aux conseils d'administration et aux commissions, le conseil peut mener des travaux preliminaires dans divers projets et prendre des decisions, sauf dans le domaine de la gestion. II signale que tout changement relativement au systeme mis en place pour les conseils d'administration et les commissions devrait tenir compte des priorites et des objectifs fixes par le conseil. M_ Wilson ajoute qu'en se concentrant sur les priorites du conseil, la marge de manoeuvre du directeur general et des membres du personnel est restreinte. II met en garde contre la demarche habituelle qui consiste a transmettre des points au directeur general et suggere que I'accent soit mis sur la collecte, en temps opportun, de renseignements utiles et ensuite sur la prise de decisions. Le maire declare que la seance est levee a 19 h 10. maire greffiere communale 50 idgeville -North End Lions Inc. Millidgeville North End Lions Club c/o Neil Banks 950 Millidge Ave., Saint John, New Brunswick 2012 -08 -15 City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick ER 4L1 His Worship, Mayor Norton and Members of City Council, P.O. Box 2143 M.P.O. Saint John N.B. E2L 3T5 We, the Millidgeville North End Lions Club, are writing to request consideration of our association as concessionaire of the Charles Gorman Canteen in the 2012 - 2013 hockey season. We are a well - established club that successfully organized and handled the Shamrock Park Canteen for several years. Lions Clubs worldwide consistently seek out projects in order to raise money for those less fortunate. As noted in the attached document, our small organization has fundraised for both local and international causes. Thus, we see the Charles Gorman Arena, as a potential fundraiser for our many worthy causes. We ask that you favour our club as the concessionaire at the Gorman Arena during the 2012 - 2013 season. A response ep . 012 would be appreciated. Sincerely, Neil Banks Treasurer, Millidgeville North End Lions Club 51 idgeville -North End Lions Inc. P.O. Box 2143 M.P.O. Saint John N.B. E2L 3T5 Sample of Donations by Millidgeville North End Lions Club Cherry Brook Zoo - Harbour Passage hl c vo i - St. Luke's Loaves and Fishes Progra m � 2 ) Portland United Chicken Soup Prog4 At riiw/1� /� Harbourview High Annual Scholarships (2 - $1000) Regional Hospital St. Joseph's Hospital Princess Elizabeth School - Saint John Soccer One Change - Empty Stocking Fund Saint John Hospice Harbour Lights Multiple Sclerosis Association Alzheimer's Society - Autism Society Canadian Cancer Society Heart and Stroke Foundation Canadian Red Cross Canadian Paraplegic Association Navy League - IWK - Ronald McDonald House Charlotte County Flood Victims (2010) Haiti Relief (2010) China Earthquake (2008) ... and many more 52 Stephane Mann 440 Champlain St Saint John,NB E2M 1 R9 506- 609 -6118 Smann200160otmail.com August 23,2012 To Saint John Common Council, I am contacting you concerning a request to allocate a spot to set up a street food concession trailer or food truck. The first location I would like you to consider would be on the corner of Prince William Street and King Street, beside the information centre. The alternative location I would like you to consider would be on Water Street in proximity to the passage to Prince William Street.I understand that there is no license in existence for this at the present time,but there has been in the pastYrn hoping someone in your office can assist me with the steps required to receive licensing approval.Any help you could provide would be greatly appreciated.I firmly believe there is a demand for such a business Uptown and would be a nice addition to Saint John. Sincerely, Stephane Mann 53 REPORT TO COMMON COUNCIL M & C — 2012 -228 September 4, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Proposals 2012- 092201P — Drinking Water Program — Advisory Services BACKGROUND: I" In April 2011, the City of Saint John submitted an application to PPP Canada for funding for the proposed Safe Clean Drinking Water Program. The application was for components of the program carrying an estimated cost of $172,000,000. The application was "screened in" for further consideration by PPP Canada. The application was deemed to have merit as a P3 project, subject to further requirements to meet full qualification. Appended to this report is a synopsis of timelines and requirements established by PPP Canada in order to advance the application. The purpose of this report is to recommend to Council the engagement of a P3 specialist to assist the City in preparing the necessary investigation and documentation to advance the City's application. ANALYSIS: An RFP to engage a consultant to provide advisory services for the "Drinking Water Program" was issued on April 24, 2012 to management consulting firms pre - qualified by PPP Canada. The RFP closed on May 17, 2012 with five firms responding by submitting proposals as follows: ➢ KPMG ➢ PricewaterhouseCoopers (PWC) ➢ Deloitte ➢ Ernst & Young ➢ Grant Thornton 55 Page 2 ANALYSIS CONT'D: Proposals were to address the provision of advisory services for the Drinking Water Program in three (3) separate phases: Phase 1 - Business Case and Value for Money (VFM) Study Phase 2 - Commencement of the Procurement Process Phase 3 - Negations and Financial Close Phases 2 and 3 are contingent on the outcome of the Business Case and VFM and further approval from Council. Staff members from Saint John Water, Engineering, Finance, Materials Management and the City Solicitor's office formed the bases of the Proposal Evaluation Committee. This group was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consist of the following; ➢ Quality and Completeness of Submission, ➢ Understanding and Project Appreciation, ➢ Consultant Roles and Qualifications, ➢ Availability of Key Personnel, ➢ Methodology /Approach to the work ➢ Value Added / Innovative Approach, and ➢ Cost Also in accordance with the City's standard procedures, the committee members individually evaluated and ranked each proposal based on the proposals' technical merits. Following this, the committee met as a group to discuss the proposals and to review the scores and resulting rankings. Upon completion of this step, the committee opted to exercise its right to short list the bids and invited three (3) proponents (KPMG, PricewaterhouseCoopers and Deloitte) to meet with the group to provide an oral presentation of their bid and to address specific questions. At the conclusion of this extensive evaluation process, the committee unanimously recommended the proposal submitted PricewaterhouseCoopers. While their bid not only scored the highest technically, as it clearly demonstrated how PricewaterhouseCoopers are in the best position to meet the City of Saint John's requirements, their financial proposal which was opened only after the technical evaluations were completed, represents the lowest cost solution to the City of Saint John. 56 Page 3 FINANCIAL CONSIDERATIONS: The cost to the City of Saint John for advisory services for the Business Case and VFM study with PWC if awarded as recommended will be $80,000.00 plus HST and disbursements where necessary for travel and accommodation. The approved 2012 Water & Sewerage Utility Fundy Capital Program — Safe, Clean Drinking water category includes the amount of $4,564,135 to be used for related items as such as the Business Case, Also known as the P3 Business Case and Value for Money Study. Also, for Council's inform, PPP Canada have indicated that they would consider cost sharing this business case analysis up to 50 %. RECOMMENDATION: It is recommended that the proposal for advisory services to complete the Business Case and Value for Money Study for the Drinking Water Program as submitted by PricewaterhouseCoopers at a cost of $80,000.00 plus tax and disbursements be accepted, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Cindy Calvin, CPPB Acting Manager of Materials Management Greg Yeomans Commissioner of Finance and Administrative Services 57 The following is a summary /synopsis of where the City is with respect to the P3 process for safe, clean drinking water. April 2011 Application made to PPP Canada for P3 funding. Cost of the project at that time estimated at $172,000,000.00. Note: this amount did not include `operating' of the systems. Application deemed complete by PPP Canada and have successfully passed the first of three screening milestones. April 2012 City of Saint John applied for phase four screening of the P3 process. PPP Canada are currently reviewing the application for: 1) Due diligence around readiness 2) Commitment to resourcing 3) Status of Business Case Analysis April 2012 City of Saint John requested proposal for Business Case Analysis Proponents have been shortlisted Recommendation to Council for successful proponent Sept. 2012 Late Sept. 2012 Decision will be made on screening P3 process subject to 1) Satisfactory discussion between Mayor Norton and PPP CEO John McBride 2) Resolution of Council confirming commitment to process October 2012 Joint kickoff meeting PPP Canada, City of Saint John, and business case consultants. Purpose of the meeting to confirm requirements of Business Case Analysis. End of December 2012 Decision by PPP Canada to continue to consider City of Saint John's application. FA 2011 Business Case Analysis completed. Business Case must show value for money for P3 model to satisfy City of Saint John and P3 Canada that the P3 model is the best approach. The City and PPP Canada must identify which or all of the P3 elements (design, build, operate, maintain, and finance) will be pursued. March — April 2013 City begins P3 process: 1) Expression interest will be issued 2) RFP subsequent 3) Select preferred proponents 4) Preparation and negotiations End of June 2013 City of Saint John must demonstrate evidence that funding is in place. This includes City contribution and any other revenue sources, especially the Province of NB. As a part of this, the City must be satisfied that the affordability analysis demonstrates ratepayers' capacity. End of June 2013 PPP Canada to indicate participation. Note: P3 money is last in. Above are the target dates the City and PPP Canada have set for the project. There is some flexibility however, PPP decision points only occur every three months. If decisions are unable to be made in time for scheduled PPP Canada board meetings, a 3 -month delay may be experienced. Two issues of paramount importance: 1) Council's unequivocal commitment to the process 2) Council's evidence that funding is in place (or will be). This is to be confirmed no later than June 2013. Council has the sole discretion and unilateral authority to walk away from the process at any time. 59 REPORT TO COMMON COUNCIL M & C — 2012 -227 5 September 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Installation of Medium Voltage Motor Control Centre — Musquash Water Pumping Station BACKGROUND: y r As Common Council is already aware, equipment at the Musquash Water Pumping Station was severely damaged by an electrical fault and associated electrical fire on August 1, 2011. The Musquash Pumping Station is a critical component of the West Industrial Water System which pumps water from Musquash to Spruce Lake. The majority of this water volume is consumed by Irving Pulp & Paper and the NB Power Generating Station at Coleson Cove. On October 24, 2011, in M &C 2011 -273, Common Council approved a recommendation to: 111. Give early approval to the Musquash Pumping Station repair project as outlined in this report in the amount of $450, 000 (as included in the proposed 2012 Water and Sewerage Utility Fund Capital Program) and authorize staff to proceed with the tendering process for repairs " The replacement of the Medium Voltage Motor Control Centre and associated breaker is pursuant to that resolution. An RFP, to solicit proposals from the marketplace for suitable equipment, was issued in December 2011, resulting in the acquisition of the Medium Voltage Motor Control Centre and breaker equipment. It was understood at that time that a subsequent tender would be issued to engage a contractor for the installation phase of this equipment. ANALYSIS: A tender was called on August 10, 2012 and closed on August 29, 2012, with the following results: .c M & C — 2012 -227 PAGE 2 ANALYSIS .... CONT'D: Contractor Total Bid Fire Alarm Net Bid Price Breakout Earl Holland Contracting $147,389.00 $41,000.00 $106,389.00 (Noonan, NB Gardner Electric Ltd. Saint John, NB $148,236.00 $16,600.00 $131,636.00 G.J. Cahill Saint John, NB $267,000.00 $43,111.00 $223,889.00 The Engineer's estimate for the work was $75,000 + HST. Tender specifications requested a breakout price for the Fire Alarm System to allow for this item to be excluded from the project and subsequent tender award if the budget was not sufficient. After reviewing the tenders submitted, it was apparent that the budget did not allow for the purchase of the Fire Alarm System and therefore, this component will not be awarded. The tenders were reviewed by staffs of Materials Management and Saint John Water and staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL CONSIDERATIONS: The total cost to the City of Saint John for the installation phase of this project if awarded as recommended will be $106,389.00 + HST. The funds for this expenditure have been pre - approved from the 2012 Saint John Water and Sewerage Utility Fund Capital Program by resolution of Council on October 24, 2011 in M &C 2011 -273. RECOMMENDATION: It is recommended that tender no. 2012 - 082301 T for the installation of the Medium Voltage Motor Control Centre equipment at the Musquash Pumping Station be awarded to the low bidder, Earl Holland Contracting, at the tax - excluded tendered price of $106,389.00. Respectfully submitted, ,/ /16z� Cindy Calvin Acting Manager - Materials Management 61 Gregory Yeomans Commissioner of Finance and Administrative Services REPORT TO COMMON COUNCIL M & C — 2012 -223 4 September 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2012 Fleet Services Rothesay Avenue Vehicle Hoist BACKGROUND: The main vehicle hoist in the Fleet Garage at Rothesay Avenue did not meet the New Brunswick Health and Safety Act requirements to successfully pass the annual inspection. The inspection was performed by Techino Engineering Incorporated who provided two recommendations to remedy this immediate requirement: 1) Rebuild and renew the existing hoist or 2) Purchase a new replacement hoist. ANALYSIS: Present Value Jardine Auctioneer Services was requested to provide a present value of the hoist. Given this is a 1993 Mohawk (50,000 lb. capacity) hoist Fleet Services do not have a record of the original purchase price and therefore have estimated the cost was approximately $50,000 including installation. This information as well as current photos of the hoist were provided to Jardine's and as a result they advised the present value of the hoist is in the range of $4,500 - $6,500. Rebuild and Renewal Fleet Services staff made arrangements with MJS Holdings of Eastern Passage, to provide a "rebuild and renewal" hoist estimate. The ramps are the most crucial and costly component and are estimated to be a minimum of $10,000 to $11,000 each. However, MJS advised Fleet staff this price did not include the additional expenses that could be expected once the process began which is a common occurrence with this type of extensive repair. It is anticipated this repair could reach $40,000 - $50,000. In addition to incur the expense to "rebuild and renew" the hoist would not guarantee added life to the hoist given it the warranty for this process would only a limited time warranty of no more than 12 months. Based on the age of the hoist and its current value this in staffs view is not a realistic or financially viable alternative. 62 PAGE TWO Replacement The acquisition of a new hoist with the same 50,000 pound capacity will likely cost approximately $60,000. Replacing the current hoist would provide a state of the art hoist for up to 20 years with full warranty at a cost marginally higher than the "rebuild and renew" option. The replacement specification has been prepared and finalized and will provide a new stationary ramp hoist. In preparation for this potential acquisition, Facilities Management secured the services of a third party to inspect the garage floor and reported the garage floor will meet the necessary requirements to support and accommodate a new hoist. FINANCIAL IMPLICATIONS: As previously indicated the cost to purchase a new hoist with the same 50,000 pound capacity will be approximately $60,000 plus HST. Given that this is an unexpected replacement purchase, the asset value will exceed $5,000 and, life expectancy is expected beyond 5 years this acquisition is categorized as a capital expenditure and the funds would have to be identified accordingly. RECOMMENDATION: It is recommended; that the City of Saint John proceed with the acquisition process by issuing a Request for Proposal (RFP) for the supply and install of a new 50,000 pound automotive hoist for the Rothesay Avenue Fleet Services vehicle maintenance facility. Respectfully submitted, Robert Russell Manager of Fleet Services Patrick Woods, CGA City Manager 63 REPORT TO COMMON COUNCIL M &C- 2012 -231 September 4, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 416 Sandy Point Road BACKGROUND: elf 0 City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Patricia M. Hay 416 Sandy Point Road "RM -1" "IL -l" To permit a group care facility for a maximum of 10 adults within the existing building RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Patricia M. Hay (416 Sandy Point Road) for Tuesday, October 9, 2012 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner J. Patrick Woods, CGA City Manager SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L1 CHRISTOPHER WALDSCHUTZ Chairman/ President MARY - EILEEN O'BRIEN Vice Chairman/Vice President JONATHAN FRANKLIN Secretary /Secretaire TIMOTHY CHRISTIE Commissioner /Commissaire KAREN KEILLOR Commissioner /Commissaire MEL NORTON Commissioner /Commissaire WILLIAM G. REID Chief of Police/Chef de Police JACKIE FERRAR Executive Administrator/ Secretaire Administrative Telephone /Telephone: (506) 674 -4142 Fax /Telecopieur: (506) 648 -3304 E- mail /Courriel: policecommission (a,saintiohn. ca �� SAINT JOHN Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir 31 August, 2012 Mayor Mel Norton and Common Councillors, The Saint John Board of Police Commissioners has been appointed to govern the Saint John Police Force. The Board creates a balance between the exercise of the special powers of Police Officers, and accountability to the community they serve. The Board is committed to a policy governance model. Our governance model mandates the Police Board — on behalf of the community — to ensure that the Police Force achieves what it should and avoids what is unacceptable. In that vein, we are committed to fiscal prudence and leadership, a leadership that involves many partnerships towards excellence in public safety. We are requesting to present to Council in an effort to describe our collective efforts — the good news stories that are outcomes of Council's investment. We are also concerned that over the past few months a number of editorials have appeared in the local media which compared the cost of the Saint John Police Force with the RCMP service in Moncton. Because the numbers quoted in the editorials contained a major calculation error which showed policing costs in Saint John to be more than $4 million higher than those in Moncton, we think it is important that Council should have the opportunity to gain a fuller understanding of what the true comparative costs of the two police forces are for cities of roughly the same population size. We wish to irrefutably demonstrate that the Saint John Police Force is both effective and efficient. Thank you for your consideration. Yours sincerely, Chairman, Saint John Board of Police Commissioners 65 REPORT TO COMMON COUNCIL September 5, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Smythe Street Rehabilitation and Expansion Joint Project R i1' City of Saint John The attached letter from Saint John Development Corporation is self - explanatory. As a result, it would be appropriate for Common Council to adopt the following resolution. RECOMMENDATION: It is recommended that Common Council approve the Part A Tender from Alternative Concrete Technologies Limited in the amount of $219,221. Respectfully submitted, J. Patrick Woods, C.G.A. ity Manager .. SAINTJOHN DEVELOPMENTCORPORATION P.O. Box 7200, Saint John, New Brunswick E2L 4S6 Tel: 506 - 649 -6066 Fax: 506 -649 -6068 Mr. Patrick Woods September 4, 2012 City Manager City of Saint John 15 Market Square C.P. 1971 Saint John, New Brunswick E21- 41-1 RE: Smythe Street Rehabilitation & Expansion Joint Project Dear Mr. Woods; This project is about eliminating the water leakage into the Market Square underground parking garage. The Saint John Development Corporation (SJDC) manages and operates the parking garage as part of the overall Market Square Complex Lease agreement. Annual maintenance and upkeep are managed through the Corporation as well as necessary capital expenditures to ensure this City owned asset remains structurally sound and in good repair (this includes the seawall monitoring and maintenance). Currently, there are several leaks requiring attention and the Corporation secured the services of a structural engineer and a certified engineering technician. Both individuals identified trouble areas resulting in a detailed drawing showing the affected sections and remedial action required. A tender document was prepared (Part A &B) and advertised according to City procurement procedures. The tender closed on Wednesday, August 29, 2012. Two bidders submitted tenders - $640,710 and $404,505. The structural engineer and engineering technician reviewed the tenders and the accompanying letter of recommendation (attached) indicates the successful tender was also the lowest bid. s 67 Part A of this tender includes the replacement of the expansion joints on Smythe Street. Part B deals with the repairs to sidewalk, curb and some asphalt areas on Smythe Street. Part A will be addressed in 2012 and Part B, pending Council approval, will commence in 2013. Bidders submitted prices of $219,221 and $427,140 for Part A. Common Council has previously approved this capital expenditure for this project at $275,000. The allotted funding of $275,000 is sufficient for Part A to proceed in 2012. The Part A portion of the project is the most critical as the majority of leakage occurs in and around the expansion joints. As well, expansion joints have a life span of 7 -10 years and the current expansion joints are 7.5 and 12 years old. In addition, leakage has affected some underground piping and most of these repairs have been addressed earlier this year. Therefore, SJDC is recommending the approval of the Part A tender from the Saint John company, Alternative Concrete Technologies Ltd. (lowest tender) of $219,221. Regards; Ker(t Maclnt`yre General Manager .: August 29, 2012 Mr. Kent Maclntyre General Manager Saint john Development Corporation One Market Square, Suite 301 Saint john, New Brunswick, E2L 4Z6 Dear Mr. Maclntyre; We have been retained by Saint john Development Corporation (SJDC) as technical expertise as it relates to the Smythe Street Rehabilitation and Expansion joint Project. This included tender preparation, contractor site visit /orientation and assessment of tender submissions /contractor bids and a final tender recommendation. This project consisted of two parts (Part "A" and Part "B "). Part A dealt directly with the expansion joints and Part B included leakage issues related to the sidewalk rehabilitation. The tender, as per SJDC instructions, included specific parameters of the project, detailed drawing, 3 -week advertising period and an open- tender process. The tender closing was August 29, 2012 at 3:OOpm. Only two contractors submitted bids with the following results; � Contractor #1 (Alternative Concrete Tech. Ltd = $404,505 (Parts A & B) ➢ Contractor #2 (FCS Flooring & Concrete Solutions= $640,710 (Parts A & B) We have reviewed each bid in detail and collectively agree that both submissions meet all the requirements with the following key points • Expansion joint products are similar and meet specifications • Timelines for installation are similar • Experience and quality staff are similar • Sub - contracted work is identical • References - all favorable • Bid Bond, deposit and insurance meet the tender requirements It was explained to all the contractors who received tender documents and it was included in the tender documents that this project may be phased (Part A & B) over two fiscal years, and is subject to Common Council final approval. W .• Page 2 August 29, 2012 Based on our technical and financial review of the bids and the knowledge gathered relating to the two prospective bidders we are prepared to recommend that the bid of $404,505 (lowest tender) submitted by Alternative Concrete Technologies Limited be accepted as the successful proponent for the Smythe Street Rehabilitation and Expansion joint Project. Regards, 1_ A �_ ----------------------- - - - - -- - - - - - -- -��=- - Sid Lodhi, P. Eng. Ron Hewey, C.E.T. 70 71 r..w - `\ �- STRfFTRE.WS/pIJ01MT•� r.saw - ���� EFEA.vSIOH l01nr.OErM',t, fxopNSIpIJOM'I- DE/pit'C lNPM6NMXYM- O11p6'D' ..+ewov.wt'aart MARKET SQUARE COMPLEX .l .,.,r..... jl MARKET SQUARE COMPLEX s W..... cr -� , � S M Y T H E Y STREET 2 I HARBOURSIDE APARTMENT COMPLEX rOfi HILTON HOTEL e mnv<.w. <+aar.v.wy. y..yntyy.�. SMYfNE STREET REM4&uiprilttl wEOCAnON & DETAILS PLAN F A-1 71 Saint John Waterfront _Development Smythe Street �idewalk Replaccmisrit and Expansion .point Rehabilitation Contract Specif-kaations CONTRACT NO. SJWD 2012 -02 72 TABLE OF CONTENTS Division Title paste 1 Project Description ........................................................... ..............................3 3 Particular Specifications ..................................................... ..............................4 2 Instruction to Tenderers and Tendering Procedures .......... ..............................7 4 Form of Tender ................................................................ .............................20 Appendices: 6 Drawing A -1 (Section 3 — Particular Specifications) 7 Addenda Issued 2 73 PROJECT DESCRIPTION 1.1 GENERAL DESCRIPTION The work generally consists of the supply of all necessary labour, materials, equipment etc, as required for the replacement of a portion expansion joints and sidewalks on Smythe Street to prevent water infiltration into the underground Market Square Parking Garage. 1.2 CONTRACT DOCUMENTS a) Contract Specifications, Contract No.: SJWD 2012 -02 Contract: Saint John Waterfront Development - Smythe Street Sidewalk Replacement and Expansion Joint Rehabilitation Saint John, New Brunswick 1 Market Square, Suite 301 C) List of Drawings A-1: Smythe Street Rehabilitation — Location Plan and Details 1.3 PROJECT REPRESENTATIVES All inquiries pertaining to the work specified in this Contract shall be referred to: Ron Hewey, Saint John, NB, Telephone No. (506) 638 -0093 Sid Lodhi , P.Eng, Saint John, Telephone No. (506) 640 -2081 3 74 PARTICULAR SPECIFICATIONS This division shall be read in conjunction with and take precedence where they may prove at variance with the City of Saint John, General Specifications, Municipal Operations & Engineering. FART "A" 3.1 Replacement of Expansion Joint Seals and Planter Waterproofing Contractor to remove and replace approximately 900 feet of Expansion Joint Seals (50mm design total movement) on Smythe Street as per specifications and as located and detailed on Drawing A-1 (shown in Red). Additional related work will include the waterproofing of the inside of concrete planters located in front of the Harbourside Apartment Complex. All products as specified or approved equals, installations as per manufacturer's instructions. .1) Joint Seals: Jeene Multi - Directional Structural Sealing Joint System as manufactured by Watson Bowman Acme Corp. (BASF). a) The expansion joint system shall be a complete system designed to withstand structural movement and harsh environmental conditions. The system consists of a preformed neoprene profile, installed using the same dimensions as the joint gap at mid -range temperature, bonded with a two - component epoxy adhesive, and pressurized during the adhesive cure time. It shall be installed by WBA Approved Installers and shall designed for application on the specified type of surface indicated on the project drawings. b) The adhesive shall be a two- component, thixotropic, epoxy -based adhesive, mixed at the job site. Pressurization to be during installation and curing time of adhesive to assure complete bonding throughout gap /profile surfaces. Air pressure can be released at any time after 24 hours of installation. c) The environment should be free of dust, oil, grease, wax, moisture, and frost. The gap wall surfaces must be thoroughly cleaned. All foreign materials must be totally removed from the gap. The heads must first be cleaned out by disc grinding or sandblasting and then vacuumed or blown with dry, oil free, compressed air before the two component epoxy adhesive is mixed and applied. All surfaces must be completely dry prior to applying adhesive. d) Expansion joint system is to be installed in strict accordance with the manufacturer's instructions by Watson Bowman Acme Approved Installers or under the supervision of Watson Bowman Acme Technicians. Non durable and unsound concrete at the joint gap edge must be removed and the concrete must be totally repaired per the joint manufacturer. All cracks shall be repaired. e) Loose, contaminated, weak, spalled and/ or delaminated concrete must be removed to sound concrete and repaired. Steel surfaces must be abrasive blasted to SP -10 near white, immediately prior to installations. Prior to placement joint opening to be blown clean using compressed air at 90psi or greater. 4 75 Particular Specifications (cont'd) f) Contractor to install protective rust resistant covers on curb surfaces, edge beveled and recessed anchored on one side. g) Contractor to repair spalled and/ or delaminated asphalt on either side of expansion joints within street areas, Asphalt to be even saw cut, all areas cleaned and appropriate primer/ binder installed prior to placement of Type "D" asphalt. Existing Rosphalt 50 waterproof barrier under asphalt is not to be disturbed, repair any existing damaged areas. .2) Planter Waterproofing Product: Bakor 790 -11 Hot Applied Rubberized Asphalt Waterproofing a) Areas to include all horizontal surfaces and extend one foot up all vertical surfaces. b) Remove existing waterproof membrane inside planter areas. All surfaces to be clean and dry, free from water, dust, dirt, oil, grease or other foreign matter detrimental to the adhesion of the hot rubberized asphalt. c) Apply Bakor 930 -18 or 910 -01 Primer prior to applying waterproofing. d) Waterproofing to be applied at an average thickness of 4.5mm and a minimum thickness of 3mm using rubber squeegees. e) Apply Blueskin seal at horizontal - vertical intersections. 0 Both horizontal and vertical areas are to be protected with Bakor 990 -31 Protection Board or an asphaltic protection board. g) Existing plants, shrubs and soil are to be removed and replaced by others by others. PART "B" 3.1.3 Sidewalk Replacement Contractor to remove existing concrete/ brick paver sidewalk on the west side of Smythe Street, extending from the Harbourside Parking Garage entrance on Union Street to the Stamperete portion of sidewalk in front of the Hilton Hotel, located as shown on Drawing A -1 (shown in Green). a) Contractor to remove and dispose of all portions on concrete sidewalk and waterproofing membrane within defined area. sawcutting of a limited number overlapping sections will be required. Brick pavers to be carefully removed, all undamaged brick pavers are to be paletted and delivered to 61 76 Particular Specifications (cont'd) City of Saint John East Works Depot on McAllister Drive or other designated City site within the same radius. b) Existing curbs are to remain, contractor to sandblast clean curbs extending from Harbourside Garage entrance to Boardwalk, all damaged curb areas are to be repaired, existing damaged curb control cuts are to have asphalt impregnated fibreboard or Deck -O -Foam Expansion Joint Filler replaced. Curb repairs are to conform to City of Saint John General Specifications, Division 23. c) All horizontal surfaces and vertical concrete planter/ foundations surfaces to height of new concrete sidewalk are to be sandblasted clean. All surfaces to be clean and dry, free from water, dust, dirt, oil, grease or other foreign matter detrimental to the adhesion of the hot rubberized asphalt. d) Apply Bakor 930-18 or 910 -01 Primer prior to applying waterproofing. Bakor 790 -11 Hot Applied Rubberized Asphalt Waterproofing applied at an average thickness of 4.5mm and a minimum thickness of 3mm using rubber squeegees. e) Apply Blueskin seal at horizontal - vertical intersections with concrete planter and foundations. f) All horizontal surfaces and vertical areas of concrete planter and foundations are to be protected with Bakor 990 -31 Protection Board or an asphaltic protection board_ g) Concrete sidewalk construction and finishing to conform to City of Saint John General Specifications, Division 23. 3.1.4 Traffic Management a) The Contractor will be responsible for traffic management throughout the project site for the duration of the project. At least 2 (two) trained flag persons will be used at all times when construction activities impinge on vehicular traffic. Existing parking areas are to be maintained, if at all possible during construction activities in each particular area. Traffic signage to meet WATCM standards, including covering those signs when not in use. Saint John Waterfront Development will coordinate any Parking Commission issues during Construction with at least 48 hours notice given by the Contractor. 3.1.5 Access for Residents and Commerciai/Businesses a) Access to residences and businesses within the designated construction site must be maintained by the contractor for the duration of the project in a satisfactory and safe condition approved by the Saint John Waterfront Development . Costs to maintain required accesses will be the responsibility of the Contractor. fi 77 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES 2.1.01 _ Permits Required for Proiect Except as stated otherwise in the Tender Document, any and all permits and approvals required by the Authorities having jurisdiction, and arrangements for all inspections of the Work by these Authorities shall be obtained and paid for by the Contractor. The cost of such approvals, permits and inspection shall be included in the Tender Price. 2.1.02 Deemed Examination and Acceptance Tenderers should note that by submission of a Tender they will be deemed to have examined and accepted the Specifications and Drawings, visited the site, and informed themselves as to existing conditions and limitations. 2.1.03 Availability of Services The Tenderer shall ascertain from the relevant Authorities the availability of services, including, but not limited to, electricity, sewer, water, telephone, natural gas and transportation to the project and shall ascertain what prior notice each Authority will require for the installation of the service to the project. 2.1.04 Taxes Tenderers are advised to make special note of all applicable tax procedures. The SJWD is required pay the Harmonized Sales Tax (HST) The total tendered amount shall include the appropriate taxes on all labour, material and equipment to be incorporated into the Work. Tenderers shall submit their Tenders on the basis that the total amount of the Tender and shall include all taxes for which the SJWD is liable. Any increase or decrease in costs to the Tenderer due to the changes in such taxes and duties, after the date of the Tender Closing, shall increase or decrease the value of the Contract accordingly. 2.1.05 Performance Guarantees Required Prior to Contract Execution Within five (5) Working Days following the SJWD's notice of selection, the selected Tenderer shall provide the SJWD with the required Performance Guarantees, in the form of either: a) A Performance Bond and a Labour and Material Payment Bond, each at fifty percent (50 %) of the Tender Price covering the faithful performance of the full Contract. The bonds shall be in favour of The Saint John Waterfront Development and show The SJIND as obligee; or b) A certified cheque in the amount of twenty percent (20 %) of the Tender Price covering the faithful performance of the full contract. 2.1.06 Insurance Tenders should refer to Division 6 (section 6.7) for details regarding insurance requirements 7 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd 2.1.07 WorksafeNB Certificate and Business Corporations Act Certificate a) New Brunswick Tenderers shall provide to the SJWD a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeNB and a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick Corporate Affairs within five (5) Working Days following the SJWD's notice of selection. b) Out -of- province Tenderers shall provide to the SJWD a WorkSafeNB certificate which confirms proper registration and good standing with WorkSafeNB or a letter or certificate issued under the equivalent applicable legislation in the province of origin of the Tenderer confirming extension of coverage from said legislation to the Province of New Brunswick for the term of the Contract. Subject to paragraph c), out-of-province Tenderers shall also provide a Business Corporations Act Certificate which confirms proper registration and good standing with the Province of New Brunswick - Corporate Affairs within five (5) Working Days following the SJWD's notice of selection. c) Tenderers from Nova Scotia may submit the appropriate Business Corporations Act Certificate from the Province of Nova Scotia, 2.1.09 Timetable for Completion of the Work The Substantial Completion of the Work is Nov 2, 2012. 2.2 SCHEDULE FOR THE TENDER PROCESS Issue Date of Request for Tender August 9, 2012 On -Site Pre Tender Meeting August 15, 2012, 2pm AST Deadline for Enquiries August 23, 2012 Deadline for Issuing Addenda August 27, 2012 Tender Closing August 29, 2012, 2 pm AST The Schedule for the Tender Process is tentative only and may be changed by the SJWD in its sole discretion at any time prior to Tender Closing. 8 79 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd} 2.3 TENDER DOCUMENTS 2.3.01 Tender Documents to be Obtained in Prescribed Manner Tender Documents shall be obtained from Saint John Waterfront Development, 1 Market Square, Suite 301, Saint John, New Brunswick, from the SJWD website or from the Construction Association of NB. In order to obtain the Tender Documents the following requirements must be met: a) the Tenderer must register on the SJWD's official list of bidders for this project, as follows: (I) registration of the full legal name, contact person, telephone number, email address and fax number of the Tenderer obtaining the Tender Documents, or, if applicable, (ii) the registration of the full legal name, contact person, telephone number, email addresses and fax number of the Tenderer on whose behalf the Tender Documents are being obtained. The names of the Tenderers having complied with the above criteria will be consolidated onto the SJWD's official bidders list. Only Tenderers listed on the SJWD's official bidders list shall be entitled to submit a Tender. Any Tender received from a Tenderer who has not obtained the Tender Documents from those sites above and is not registered on the SJWD's official list of bidders for this project in the manner set out above will not be evaluated. The SJWD will not disclose its official list of bidders to Tenderers. 2.4 COMMUNICATIONS AFTER ISSUANCE OF TENDER 2.4.01 Tenderers to Review Tender Documents Tenderers shall promptly examine all Tender Documents and: a) shall report any errors, omissions or ambiguities; and b) may direct enquiries or seek additional information in writing by email or fax before the Deadline for Enquiries to the Authorized Enquiries Contact or the Designated Alternate Contact (in the event of absence) as set out below, No such communications are to be directed to anyone other than the Authorized Enquiries Contact or the Designated Alternate Contact. Authorized Enquiries Contact: Ron Hewey, Project Representative, Fax: (506) 649 -6068 Email: ron.hewey @gmall.com Designated Alternate Contact: Sid Lodhi, Project Manager, Fax: (506) 649 -6068 Email: sidiodhi@gmall.com I7 :1 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd It is the Tenderer's responsibility to seek clarification from the SJWD on any matter it considers unclear. The SJWD shal not be responsible for any misunderstanding on the part of the Tenderer concerning this Tender or its process. The SJWD intends to confirm receipt of a Tenderer's communication by way of an email or facsimile in reply. if a Tenderer has not received a reply, the Tenderer may wish to reseed its communication as the lack of reply may have resulted from a technical problem. The SJWD is under no obligation to respond to enquiries or provide additional information but may do so at its sole discretion. 2.4.02 Fax and Email Communication The following provisions shall apply to any communications with the Authorized Enquiry Contact or the Designated Alternate Contact by fax or email where such fax or email communication or delivery is permitted by the terms of this Tender: a) The SJWD does not assume any risk or responsibility or liability whatsoever to any Tenderer: i) for ensuring that any fax transmission equipment or email system being operated for the SJWD is in good working order, able to receive transmissions, or is not engaged in receiving other transmissions such that a Tenderer's transmission cannot be received; (ii) if a permitted fax or email communication or delivery is not received by the SJWD, or is received in less than its entirety, within any time limit specified by this Tender, and (iii) for any error that may occur in the submission of communications or enquiries. b) All permitted communications submitted by a Tenderer by email or fax to the Authorized Enquiries Contact or the Designated Alternate Contact shall be deemed to have been received on the dates and times indicated on the Authorized Enquiry Contact's or the Designated Alternate Contact's fax transmission equipment or email system. 2.4.03 Addenda: Responses to Enquiries and Amendments or Clarifications to Tender Documents The SJWD may, in its sole and absolute discretion, through the Authorized Enquiry Contact or the Designated Alternate Contact, respond to enquiries and /or amend the Tender Documents before Tender Closing. Written Addenda are the only means of responding to enquiries or amending the Tender 10 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) Documents. Only the Authorized Enquiry Contact or the Designated Alternate Contact, and no other employee or agent of the SJWD, is authorized to respond to enquiries and amend the Tender Documents by issuing an Addendum. Responses to enquiries, changes, clarifications or corrections prepared and circulated by the SJWD form part of the Tender Documents and will be issued as Addenda. Responses will be made in writing and distributed by fax and /or email to all Tenderers who are registered on the SJWD's official bidders list in accordance with the procedure outlined in section 2.3.01 b) above, as of the date the response is prepared by the SJWD. Each Addendum will contain a signature page(s) which each Tenderer is required to sign and include with its Tender submission. While the SJWD will make reasonable efforts to deliver each Addendum to all Tenderers. it makes no guarantee of timely delivery of any Addendum to any Tenderer. The SJWD will not identify the source of the question in the response. If a Tenderer requests that an enquiry be treated as confidential, the SJWD, in its sole discretion, will either treat the enquiry or any reply as confidential or inform the Tenderer that it will not respond to the enquiry unless the Tenderer withdraws in writing its request that the enquiry be treated as confidential. Orally communicated information shall not be binding upon the SJWD. Information offered from sources other than the Authorized Enquiry Contact or the Designated Alternate Contact with regard to the content, intent or interpretation of this Tender is not official, may be inaccurate and should not be relied on in any way, by any Tenderer, for any purpose 2.5 SUBMISSION OF TENDER 2.5.01 Location for the Submission of Tender SJWD offices at 1 Market Square, Suite 301, Saint John, Ng, E21- 4Z6 11 ., 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont °d 2.5.02 Tenders Must be Submitted Only in the Prescribed Manner a) Tenders must be submitted in the prescribed Form of Tender together with the prescribed Schedule of Quantities and Unit Prices. The Form of Tender and the Schedule of Quantities and Unit Prices shall be filled out in ink or typewritten and bear the signature in longhand. b) Tenderers must submit one completely filled out original Form of Tender signed by an authorized representative and should include the following information written on the outside of the sealed envelope: (i) Tender No.; (ii) Title of Work; (iii) The full legal name and return address of the Tenderer; and (iv) Tender Closing date and time. c) Each Tender shall be accompanied by a Tender (Bid) Bond in the amount of ten percent (10 %) of the Tender Price or or certified cheque in the amount of $25,000. d) Each Tender must be sealed and be addressed to the attention of the Kent Macintyre, General Manager,Suite 301, 1 Market Square, Saint John, New Brunswick, Eli_ 4Z6. e) All Tenders shall include a surety consent letter or agreement to bond as per the requirements in the Form of Tender. 2.5.04 Tenders Must be Delivered to SJWD Before Tender Closing It is the responsibility of each Tenderer to ensure that its Tender is delivered to SJWD before Tender Closing. Tenders submitted by fax or by any other electronic transmission will not be considered. Tenders submitted after Tender Closing will be deemed late, Disqualified and returned to the Tenderer unopened. For the purpose of calculating time, the SJWD clock at their location shall govern. 2.5.05 Amendin or-Withdrawing Tender Prior to Tender Closing At any time prior to Tender Closing, a Tenderer may amend or withdraw a submitted Tender by delivering an amending letter signed by the person who signed the Tender in a sealed envelope to SJWD before the Tender Closing. The amending letter should clearly specify that the Tenderer intends to withdraw its Tender or, in the case of an amendment, clearly indicate the part of the Tender that the amending letter is Intending to replace. In the case of a unit price contract, the amending letter shall show the 12 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd} revision to the Tender Price. In the case of a lump sum contract, the amending letter shall state the amount to be added or subtracted from the Tender Price. The sealed envelope should clearly state the full legal name of the Tenderer, as well as the Tender No., Title of Work, and Tender Closing date and time as stated in section 2.5.02 b). Amending letters that are no delivered to SJWD in hard copy will not be considered. 2.5.06 Tenderers Shall Bear the Costs of Preparing and Submiffing a Tender Under no circumstances will the SJWD be responsible for a Tenderer's costs of preparing or submitting a Tender. 2.5.07 Tenders in English All Tenders are to be in English only. Any Tenders that are not entirely in the English language may be disqualified. 2.5.08 Tender Acceptance Period Tenders submitted before Tender Closing shall remain open to acceptance in the form submitted by the Tenderer for a period of sixty (60) calendar days after Tender Closing. Failure of the Tenderer to keep the Tender open for sixty (60) calendar days will result in the enforcement of the Tender (Bid) Bond or the cashing of the certified cheque submitted in lieu of the Tender (Bid) Bond pursuant to section 2.5.02 c). 2.5.09 Tender Documents Incorporated Into Tender By submission of a Tender, a Tenderer is deemed to have accepted and incorporated all the instructions and terms and conditions contained in the Tender Documents into its Tender, Submission of a Tender shall also confirm that the Tenderer is satisfied as to the correctness and sufficiency of the Tender and the Tender Price. 2.6 AMENDMENT OR WITHDRAWAL OF TENDER POST TENDER CLOSING 2.6.01 No Amendment Post Tender Closing No Tenderer is permitted to amend or withdraw its Tender after Tender Closing. A Tenderer who discovers an error in his Tender after Tender Closing may leave the Tender as is or request permission from Common Council to withdraw its Tender. A request to withdraw a Tender after Tender Closing must be delivered, along with the reasons for the request, to the General Manager of SJWD for consideration within twenty -four (24) hours of Tender Closing. 13 01 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES cont'd 2.8.02 Withdrawal Requests SJWD, in its sole discretion, will decide whether or not to grant the withdrawal request based on the information supplied by the Tenderer and a recommendation from SJWD staff. Where the General Manager, in its sole discretion, decides to not allow the withdrawal, the General Manager may require the Tenderer to perform the Contract or forfeit the Tender (Bid) Bond or the certified cheque submitted in lieu thereof pursuant to section 2.5.02 c). 2.7 TENDER EVALUATION PROCESS 2.7.01 Delivery of Tender Box to Tender Openina Room Immediately following Tender Closing, the Purchasing Agent shall deliver the Tender Box to the tender opening room where it will be publicly opened by the Tender Opening Committee. 2.7.02 Tender Disclosure Process All Tenders shall be opened, evaluated pursuant to Section 2.7.03 Tenders submitted by Tenderers who are not registered on the SJWD's official bidders list according to the procedure outlined in section 2.3.01 b) will not be evaluated. The Tender Selection Committee will conduct the evaluation of the Tenders in two stages. 2.7.03 Stage 1: Evaluation of Mandatory Requirements Stage 1 will consist of a review to determine which Tenders comply with all of the mandatory requirements. Tenders which do not comply with all of the mandatory requirements set out below, shall be Disqualified and not evaluated further. Tenders shall be deemed as not complying with the mandatory requirements where: a) The Tender is not in a sealed envelope which bears on its face the full legal name and address of the Tenderer, the Tender number, Title of Work and Tender Closing date and time. b) The Tender is illegible or its pricing terms or conditions cannot be understood by the Tendering Selection Committee. c) Where it is a Tender for more than one item and where it is required that all items be bid, there is a failure to bid an item or it does not contain a total of all items to be bid. d)The Tender does not contain the total tender price, the unit prices or the fixed price written in words or does not have the words "dollars" and, where applicable, "cents" set out in the written total tender price. e) The Tender is not accompanied by the required Tender (Bid) Bond or certified cheque pursuant to section 2.5.02 c). 14 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) f) The Tender does not include a fully completed prescribed Form of Tender, signed by an authorized agent, which bears the Tenderer's corporate seal, pursuant to section 2.5.02 a) g) The Tender does not include all required documents specified in the Form of Tender, does not comply with the provisions of the Tender Documents, or does not include the signature page(s) of all addenda issued to the Tenderers signed by the Tenderer. h)The Form of Tender contains a change in price that is not initialed by the person signing the Form of Tender. i) The Tender contains an unsolicited alternative or a qualification to the terms of the Tender Documents. j) Where a Tenderer submits more than one Tender in response to the Request for Tender, all such Tenders shall be Disqualified. Tenders which are Disqualified by the Tender Selection Committee will be returned to the Tenderer at the address contained in the Tender. Prices of Disqualified Tenders will not be made public. 2.7.04 Stacie 2: Evaluation of Tender Price Stage 2 will consist of a recording of the Tender Prices by the Tender Opening Committee, 2.7.05 Selection of the Successful Tenderer At the conclusion of Stage 1 and Stage 2 of the evaluation process and, subject to the approval of the reserved rights of the SJWD, the selected Tenderer will enter into the Contract, as set out in the Tender Documents. 2.8 NOTICE OF SELECTION AND EXECUTION OF CONTRACT 2.8.01 Selection of Tenderer Notice of selection by the SJWD to the selected Tenderer will be in writing. Within five (5) Working Days following the notice of selection, the Tenderer shall provide to the SJWD: a)those items listed at section 6.7.04 ( "Insurance Policies and Certificates"); b) an executed Form of Agreement (Division 5); and c)the required Performance Guarantees pursuant to section 2.2.06 This provision is solely to the benefit of the SJWD and may be waived by the SJWD at its sole discretion. 15 0 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) 2.8.02 Over - Budget Bids If the Tender Price of the lowest compliant Tender exceeds the SJWD's project budget or the Engineer's estimate for the Protect, the SJWD may proceed with negotiations with the lowest compliant Tenderer. Said negotiations shall be conducted within a prescribed timeframe to identify changes in scope and /or quantities of work, in exchange for a corresponding bid price reduction. Where the SJWD and lowest compliant Tenderer establish acceptable changes and a corresponding bid price reduction, those changes shall be documented as post -bid addendum. Any such negotiations or resulting recommendations shall be conditional and subject to the approval of Common Council and, in accordance with the Limitation of Liability and Waiver set out in section 2.11 below, there shall be no liability resulting from any failure to award a contract. Where acceptable changes and a corresponding bid price reduction cannot be successfully negotiated with the lowest compliant Tenderer, the SJWD may proceed with a new tender call at a later date. 2.8.03 Failure to Enter Into the Contract In addition to all of the SJWD's other remedies, such as the enforcement of the Tender (Bid) Bond, if a selected Tenderer fails to execute the Contract, or satisfy any of the applicable conditions set out above at section 2.8 01 within five (5) Working Days of the notice of selection, the SJWD may, in its sole and absolute discretion and without incurring any liability rescind the selection of the Tenderer and proceed with the selection of the next lowest compliant Tenderer. 2.9 CONFIDENTIAL INFORMATION AND MEDIA COMMUNICATIONS 2.9.01 Tenderer's Confidential Commercial Information The SJWD is committed to an open and transparent Tendering Process while understanding the Tenderers' need for protection of confidential commercial information. To assist the SJWD in meeting this commitment, Tenderers will cooperate and extend all reasonable accommodation to this endeavour. 2.9.02 Tenderer Not to Communicate With Media and Public To ensure that all public information generated about the Work is fair and accurate, and will not inadvertently or otherwise influence the outcome of the Tendering Process, all public information generated in relation to the Work, including communications with the media and the public, must be coordinated with, and is subject to the prior approval of, the SJWD. Tenderers will notify the SJWD of requests for information or interviews from the media. Tenderers will ensure that all of the Tenderers' Subcontractors and others associated with the Tenderer comply with the foregoing requirements. 16 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) 2.10 RESERVED RIGHTS The SJWD reserves the right to: a) Reject an unbalanced Tender. For the purpose of this section, an unbalanced tender is a tender containing a unit price which deviates substantially from, or does not fairly represent reasonable and proper compensation for the unit of work bid or one that contains prices which appear to be so unbalanced as to adversely affect the interests of the SJWD. The SJWD eserves the right to use tenders submitted in response to this Request for Tender or for other like or similar work as a guideline in determining if a bid is unbalanced. b) Amend or modify the scope of the Work, and /or cancel or suspend the Tender award, at any time for any reason; c) Require Tenderers to provide additional information after the Tender Closing to support or clarify their Tender; d) Not accept any or all Tenders; e) Not accept a Tender from a Tenderer who is involved in litigation, arbitration or any other similar proceeding against the SJWD; f) Reject any or all Tenders without any obligation, compensation or reimbursement to any Tenderer or any of its team members; g) Withdraw this Request for Tender and cancel or suspend the Tendering Process; h) Extend, from time to time, any date, any time period or deadline provided in this Tender (including, without limitation, the Tender Closing), upon written notice to all Tenderers; Assess and reject a Tender on the basis of: (i) nformation provided by references; (ii) The Tenderer's past performance on previous contracts; (iii) The information provided by a Tenderer pursuant to the SJWD exercising its clarification rights under this Tendering Process; (iv) The Tenderer's experience with performing the type and scope of work specified including the Tenderer's experience as a general contractor; (v) other relevant information that arises during this Tendering Process; (i) Waive formalities and accept Tenders which substantially comply with the requirements of this Request for Tender; (j)Verify with any Tenderer or with a third party any information set out in a Tender; 3.7 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) (k) Disqualify any Tenderer whose Tender contains misrepresentations or any other inaccurate or misleading information; (1) Disqualify any Tenderer who has engaged in conduct prohibited by the Tender Documents; (m) Make changes, including substantial changes, to the Tender Documents provided that those changes are issued by way of addenda in the manner set out in these Instructions to Tenderers; (n) Select any Tenderer other than the Tenderer whose Tender reflects the lowest cost to the SJWD; (o) Cancel this Tendering Process at any stage; (p) Cancel this Tendering Process at any stage and issue a new Request for Tender for the same or similar deliverables; (q) Accept any Tender in whole or in part; or (r) Accept a Tender which contains the following errors: W error in mathematics — whether this involves the extension of a unit price or an error in addition, the mistake will be corrected and the correct total will be used for evaluation purposes and will be binding on the Tenderer. (ii) conflict between the written and numerical bid prices. In all cases, the total bid price will be corrected to reflect the written bid price, whether lump sum or unit price. (iii) failure to include the contingency allowance in the total Tender Price. If the contingency allowance was not included in the addition, the Tender Price shall be corrected to reflect its inclusion. and these reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and the SJWD shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any Tenderer or any third party resulting from the SJWD exercising any of its express or implied rights under this Request for Tender. By submitting a Tender, the Tenderer authorizes the collection by the SJWD of the information set out at paragraph 2.101) in the manner contemplated in that subparagraph. 2.11 LIMITATION OF LIABILITY AND WAIVER Each Tenderer, by submitting a Tender, agrees that: a) Neither the SJWD nor any of its employees, agents, advisors or representatives will be liable, under any circumstances, for any Claim arising out of this Tendering Process including but not limited to costs of preparation of the Tender, loss of profits, loss of opportunity or for any other Claim; and 18 :• 2.1 INSTRUCTIONS TO TENDERERS AND TENDERING PROCEDURES (cont'd) b) The Tenderer waives any Claim for any compensation of any kind whatsoever, including Claims for cost of preparation of the Tender, loss of profit or loss of opportunity by reason of the SJWD's decision to not accept the Tender submitted by the Tenderer, to award a Contract to any other Tenderer or to cancel this Tendering Process, and the Tenderer shall be deemed to have agreed to waive such right or Claim. 2.12 INVOICES a) In light of the requirements of Section 169 of the Excise Tax Act, R.S.C. 1985,c. E -15, and amendments thereto, the selected Tenderer shall provide to the SJWD properly documented invoices with all requests for payments. This includes a government issued business number and the amount of tax included on the invoice. b) Failure to provide properly documented invoices may result in delays in processing payments or outright rejection of the payment request. 19 a 4.0 FORM OF TENDER 4.1 TENDER IDENTIFICATION Tender No: SJWD 2012 -02 Title of Work. Saint John Waterfront Development Corporation — Smythe Street Sidewalk Replacement and Expansion Joint Rehabilitation 4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT TO THE SJWD OF SAINT JOHN, NEW BRUNSWICK: The undersigned hereby agrees that failure to complete all required parts of the Form of Tender shall be subject to the reserved rights of the SJWD and shall be grounds for rejection of the Tender in accordance with Section 2.11 The undersigned Tenderer has carefully examined the site of the Work described herein, has become familiar with local conditions and the character and extent of the Work, has carefully examined every part of the proposed Contract, and thoroughly understands its stipulations, requirements and provisions and has carefully examined all of the following documents, including the City of Saint John Contract and General Specifications, which together comprise the Tender Documents: 1.Project Description (Division 1) 2.Instructions to Tenderers and Tendering Procedures (Division 2) 3.The Particular Specifications (Division 3) 4.The Form of Tender (Division 4) 5.The Form of Agreement (Division 5) 6.The Plans and Drawings 7.Addenda Issued The undersigned Tenderer has determined the quality and quantity of materials required, has investigated the location and determined the source of supply of materials required, has investigated labour conditions, and has arranged for the continuous execution of the Work herein described. The undersigned Tenderer hereby agrees to be bound by the award of the contract, and if awarded the Contract, to sign the Form of Agreement (Division 5) within five (5) working days following the SJWD's Notice of Selection. In the event the SJWD accepts its Tender, the undersigned Tenderer hereby agrees to Substantially Complete the Work no later than November 2, 2012. The undersigned Tenderer agrees that he has received all Addenda and the Tender Price includes the provisions set out in the Addenda. 0111 91 4.2 TENDERER'S RESPONSIBILITIES AND AGREEMENT cont'd The undersigned Tenderer further agrees to provide all necessary permits, approvals, labour, material, plant, equipment, tools, incidentals, products, water, light, heat, power, transportation, facilities, services and other means of the specified requirements which are necessary to complete the work in accordance with the contract and agrees to accept, therefore, in payment in full the total sums of PART "A" $ PART "B" $ in Canadian Funds, which price includes HST (the `Tender Price "). Evaluation of tender will based on the total sum of Part °A" and Part 'K Due to budgetary constraints SJWD reserves the right to enter into an agreement with the successful bidder to perform Part "B" of the tender in the spring of 2013. By submitting a Tender, the Tenderer absolutely waives any right, cause of action or claim for any compensation of any kind whatsoever as a result of participating in this Request for Tender Call or by reason of the SJWD's failure to accept the Tender submitted by the Tenderer, and the Tenderer shall be deemed to have agreed to waive such right, cause of action or claim Place of Signing: Signed, sealed and delivered at Date of Signing. This Name and Tide Legal Name of Tenderer.• By day of _ . in the year Signature of Tenderer or Authorized Agent: Signature of Witness: Address of Tenderer. 21 ', PLACE SEAL HERE 4.3 BONDING AND INSURANCE COMMITMENTS Failure of the Tenderer to complete Sections 4.3.01, 4.3.02 and 4.3.03 may be grounds for rejection of the Tender. 4.3.01 Tender (Bid) Bond or Certified Cheque A certified cheque or Tender (Bid) Bond accompanies this Tender, as indicated below: (a) Certified Cheque Provided is a certified cheque payable to The SJWD of in the amount of $25,000.00 Signature of Tenderer or Authorized Agent: (b) Tender (Bid) Bond (10% of Total Bid Amounts) Provided is a Tender (Bid) Bond payable to The SJWD in the amount of The Tender (Bid) Bond has been negotiated for, procured from and the premium paid to a New Brunswick resident agent of an insurance company licensed to do business in New Brunswick. Signature of Tenderer or Authorized Agent: 4.3.02 Performance Guarantees Upon award of the Tender, one of the following acceptable forms of Performance Guarantees will accompany the Contract, as indicated below: (a) Performance Bond The Performance Bond and the Labour and Material Payment Bond, each at fifty percent (50 %) of the Tender Price covering the faithful performance of the full Contract, will be negotiated for, procured from and the premium paid to an insurance company licensed to do business in the Province of New Brunswick. A surety consent letter or Agreement to Bond must accompany the Tender submission Signature of Tenderer or Authorized Agent: W 93 4.3.02 Performance Guarantees (Cont'd) (b) Certified Cheque In lieu of the performance bond and the labour and material payment bond, we shall supply a certified cheque in the amount of twenty percent (20 %) of the Tender Price. Signature of Tenderer or Authorized Agent: 4.3.03 Insurance The undersigned Tenderer has reviewed the insurance requirements in the Contract. The following provision for contract insurances will be utilized, as indicated below: The insurance required in the contract will be negotiated far, procured from and the premium paid to an insurance company licensed to do business in the Province of New Brunswick. Signature of Tenderer or Authorized Agent., 4.4 STATEMENTS A Tender which does not include completed statements at Sections 4.4.01 to 4.4.07 hereunder may be Disqualified. 4.4.41 Reference Re ardin Tenderer's Financial Status Name of Reference. Address of Reference: 23 ., 4.4.02 Particulars of Tenderer's Recent Contracts The Tenderer shall provide hereunder particulars of at least three (3) contracts which the Tenderer has successfully carried to completion within the last three (3) years, or is now carrying to completion. Tenderers shall be actually engaged in performing the type and standard of work specified, and the projects referenced below shall be work of a similar character to the Work now being tendered and shall be of comparable or greater size. Tenderers who have not performed work for The SJWD or the City of Saint John within the last three (3) years shall submit additional information with the Form of Tender that would demonstrate the Tenderer's ability to perform the type and standard of work specified and the Tenderer's financial, technical and project. management reliability. Contract 1: Description Owner and contact name: Contractor's Supervisor: Year Completed: Contract 2: Description Owner and contact name: Contractor's Supervisor: Year Completed: Contract 3: Description Owner and contact name: Contractor's Supervisor: Contract Value: Contract Value: Year Completed: Contract Value: 24 95 4.4.03 Particulars of Current Construction Work by Tenderer If none of the projects described in 4.4.02 were in progress in Canada during the twelve (92) months immediately preceding this Tender, the Tenderer shall provide below particulars of a contract which the Tenderer satisfactorily carried out in Canada during that period. Brief description of contract: Owner and contact name: Date of commencement: Date of (anticipated) completion: Contract value: Contractor's supervisor: 4.4.04 Tenderer's Senior Supervisory Staff The Tenderer shall identify their senior supervisory staff in the spaces below. Tenderers who have not performed work for the SJWD or the City of Saint within the last three (3) years shall submit with their Form of Tender a completed resume for each staff member listed hereunder outlining their experience, education. designations /certificates and continued training /education.) Name Position Qualifications E# Years xperience 41 4.4.07 Sub - Contractors and Suppliers Tenderers shall state the name and address of each proposed sub - contractor or supplier. The listing of more than one sub - contractor or supplier for any one sub -trade or failure to submit a complete list of sub - contractors and suppliers may be grounds for rejection of the Tender. After the the SJWD has provided the selected Tenderer with written notification of the SJWD's acceptance of its Tender, the selected Tenderer shall not substitute other sub - contractors or suppliers in place of those named below without the written approval of the Engineer. Sub -Trade or Name of Sub - Supplier ContractorlSueolier Address 4.6 CERTIFICATE OF INDEPENDENT TENDER DETERMINATION 1, the undersigned, in submitting the accompanying Tender to The SJWD of Saint John for: Tender No.: SJWD 2012 -02 Title of Work. Saint John Waterfront Development — Smythe Street Sidewalk Replacement and Expansion Joint Rehabilitation. do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of that: (Corporate Name of Tenderer) 1. 1 have read and I understand the contents of this Certificate; 2. 1 understand that the accompanying Tender will be disqualified if this Certificate is found not to be true and complete in every respect; 3. 1 am authorized by the Tenderer to sign this Certificate, and to submit the accompanying Tender, on behalf of the Tenderer; 4. Each person whose signature appears on the accompanying Tender has been authorized by the Tenderer to determine the terms of, and to sign, the Tender, on behalf of the Tenderer; 5. For the purposes of this Certificate and the accompanying Tender, 1 understand that the word "competitor" shall include any individual or organization, other than the Tenderer, whether or not affiliated with the Tenderer, who: (a) may submit a Tender in response to this Request for Tender; 26 97 (b) could potentially submit a Tender in response to this Request for Tender, based on their qualifications, abilities or experience; 6. The Tenderer discloses that (check one of the following only, as applicable): ❑ the Tenderer has arrived at the accompanying Tender independently from, and without consultation, communication, agreement or arrangement with, any competitor; or ❑ the Tenderer has entered into consultations, communications, agreements or arrangements with one or more competitors regarding this Request for Tender, and the Tenderer discloses, in the attached document(s), complete details thereof, including the names of the competitors and the nature of, and reasons for, such consultations, communications, agreements or arrangements. 7. In particular, without limiting the generality of paragraphs (6)(a) or (6)(b) above, there has been no consultation, communication, agreement or arrangement with any competitor regarding, (a) prices; (b) methods, factors or formulas used to calculate prices; (c) the intention or decision to submit, or not to submit, a Tender; or (d) the submission of a Tender which does not meet the specifications of the Request for Tender, except as specifically disclosed pursuant to paragraph (6)(b) above; 8. In addition, there has been no consultation, communication, agreement or arrangement with any competitor regarding the quality, quantity, specifications or delivery particulars of the products or services to which this Request for Tender relates, except as specifically authorized by The SJWD or as specifically disclosed pursuant to paragraph (6)(b) above, 9. The terms of the accompanying Tender have not been, and will not be, knowingly disclosed by the Tenderer, directly or indirectly, to any competitor. prior to the date and time of the official Tender Opening, or of the awarding of the Contract, whichever comes first. unless otherwise required by law or as specifically disclosed pursuant to paragraph (6)(b) above. Name of Tenderer or Authorized Agent Signature of Tenderer or Authorized Agent. Position Title., Date: Address of Tenderer., 27 wf SAINT J, OH14 WATERFROMT 1*V9UOPhJ1W TENDER Contract # SJWD 2012 -02 Smythe Street Sidewalk and Expansion Joint Rehabilitation Sealed tenders addressed to Theresa Ellefsen, Finance Administrator, Saint John Waterfront Development, 1 Market Square, Suite 301, Saint John, NB, E21- 4Z6 and marked on the envelope: TENDER SJWD 2012 -02 Smythe Street Sidewalk and Expansion Joint Rehabilitation will be received until 3:00 pm., Wednesday, August 29, 2012 to supply all labour, materials and equipment for the above noted project as per terms and specifications provided in the tender documents. The work consists generally of the supply of all necessary labour, materials, preparation and equipment for the rehabilitation of the waterproof characteristics of Smythe Street from Union Street to North Market Slip to prevent water infiltration into the underground Market Square Parking Garage. A Pre- Tender site review meeting will be on Wednesday, August 15, 2012, at 2:00 pm, on Smythe Street at the intersection of North Market Slip (near the light house) for prospective Contractors. Attendance is not mandatory for tender acceptance. Tender specifications may be viewed on the Saint John Waterfront Development's website at www.siwaterfront.com under the menu option Development, and "Projects" If you are interested in obtaining a copy of this tender package, it can be picked up at: Market Square, Suite 301, 2nd Level, Saint John NB. There is no charge for this tender package. Tenders will be opened publicly by the Tender Selection Committee, in Suite 301, Saint John Waterfront Development office, 1 Market Square, Saint John, N.B., immediately following the tender closing time. The lowest or any tender not necessarily accepted. 99 /'er44-f—I .vd V, �'C G) /Z _ 100 � Z) .I- 101 REPORT TO COMMON COUNCIL M &C 2012 -229 August 31, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUB ECT Saint John City Market - Lease of Space Stall "No. A" BACKGROUND The City of Saint John S.K.Y Jeon Inc. (dba Raymond's Deli) is currently an over holding tenant of the Saint John City Market and hopes to continue leasing stall "No. A ", which is approximately three hundred seventy three square feet (373 ftz) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. S.K.Y. Jeon Inc. intends to operate continuously, actively and diligently for the sole purpose of a deli outlet with specific covenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate in that it will maintain the current utilization of said space. ANALYSIS S.K.Y Jeon Inc. has been a leasing tenant in the Saint John City Market since October, 2008, has been diligent regarding rental payments and is familiar with the protocols which govern the City Market and tenants. SKY Jeon Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. FINANCIAL CONSIDERATIONS The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $27.50 per square foot (psf) in year one to $32.50 psf in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The proposed rent is believed to be appropriate based on the size, accessibility of space, and the location of stall. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre- authorized debiting. There is no Landlord's base building work required, as SKY Jeon Inc. are a current over holding tenant and finds the space adequate. INPUT FROM OTHER SOURCES Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all reviewed and contributed to this report. 102 Report to Common Council Page 2 of 2 Saint John City Market - Lease of Space Stall "No. A" RECOMMENDATION Your City Manager recommends: 1) That Common Council approve the lease of space for stall "No. A" in the City Market with SXY Jeon Inc. under the terms and conditions as set out in the Lease submitted with MC2012 -229; and 2) That the Mayor and Common Clerk be authorized to execute the lease. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Maria ment G ego J. Y s, CGA, MBA Commissio er, inance and Administrative Services Patrick Woods, CGA -�cI City Manager 103 Form A19 LEASE Standard Forms of Conveyances Act, S.N.B.1"0, C. 5-12, s.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and - S.K.Y. Jeont Inc., 55 Leinster Street, Apartment 104, 1" Floor, Saint John, New Brunswick, F.2L OAS, doing business as "Raymond's Deli", the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Five (5) years Date of Commencement: July 1, 2012 Date of Termination: June 30, 2017 Payment Dates: First day of each and every month during term hereof This lease contains the covenants and conditions which are attached and set out in Schedule "C "° If DATED - /-2i—, 2012. . SIGNED, SEALED & DELIVERED } THE CITY OF SAINT JOHN In the presence of } ) ) } ) ) } ) } Common Clerk ) } Common Council Resolution: } 2012 } ) } S.K.Y. JEAN INC. ) Per: } Soo Young Jeo r�r 104 .. h. 19l^lkI 4. WALL ILUMN OF CASE GROUND FLOOR (LEASEASLE AREA,,,.JZ3__ s.0 SCALE: 1 /4 " -1 'w-O" LEASE PLAN (COPIES: $ 1 /2" x 14" ARE NOT TO SCALE) 105 i LEASE FOR STALL SPACE CI'IL Y 16A U -CET S.X{.Y. EON INC. SCHIEDULE "C" ARTICLE I DEI+ZP MEONS 1.01 Definitionsi In this lease; a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Leave, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Bate" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire prevention, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Gross Receipts" means the total of all gross sales and receipts from all business conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges mmd deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the Bill price in the month in which it takes place. Gross Receipts shall not include: 106 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 2 i. sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the retained merchandise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts, h) "HST" means harmonized sales taxes, value - added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereo% i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by -law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. if the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of time, the fast Lease Year commencing on the Commencement Date and ending on the 31'` day of December in the calendar year of the Commencement Date, Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 31'x, save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be; n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably, Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of 107 Lease for Stall Space — City Market S.K.Y. Icon Inc. Schedule "C" - Page 3 supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Nfiwket or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; R the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition - Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D "; u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Takes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the parry named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. 1: Lease for Stall Space — City Market S.K.Y. Leon Inc. Schedule "C" -Page 4 = ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Staii No. A, are shown outlined in red on Schedule "A" attached bereto and contain a Rentable Area of approximately Three Hundred Seventy Three Square Feet (373 W). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of Three Hundred Seventy Three Square Feet (373 W). 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased eremtses shall ennue the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of Five (S) Years to be computed from July 1, 2012 and fully to be completed and ended on June 30, 2017 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such zero (0) day period, be completing its work, or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of ** (**) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANY I1UNCi "1'U THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. 109 Lease for Stall Space — City Market S.K.Y. Icon Ina Schedule "C" Page 5 - The Lessee shall pay all Grass Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew — purposely deleted. ARTICLE III RENT AND DEPOSIT 3.01 Gross Bent The Lessee shall pay annual Gross Rent to the average amount of Thirty Dollars ($30.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule; Year 1 - $854.79 monthly ($27.50 per square foot) Year 2 - $893.65 monthly ($28.75 per square foot) Year 3 $932.50 monthly ($30.00 per square foot) Year 4 $971.35 monthly ($31.25 per square foot) Year 5 - $1,010.21 monthly ($32.50 per square foot) 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the lo's day following the end of each calendar month during the Term and including the lots day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and fractional month, if any) and the amount of Gross Receipts for all preceding months of such Lease Year; b) On or before the 6& day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statement shall be duly certified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent sball not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3.03 Audit (Mandatory when rent calculation based an Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3.04 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Kent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.05 Deposit The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or pact of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease_ This right will not be 110 Lease fur Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 6 - construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted. Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre - Authorized Payments The Lessee must participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's batik account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. The Lessor shall sign a form of application which is the same or similar to Schedule "DA ", or as may be required by the Lessee's bank, credit union or other financial institution. ARTICLE IN 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. 4.03 HST Payable by Lessee 111 Lease for Stall Space — City Market S.K.Y. lecn Inc. Schedule "C" - Page 7 - The Lessee shall pay to the Lessor all HS 1 on Rent and any other HS I imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Tames rnd Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable; a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Promises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association Lf and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 1" day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a deli for the sale of all cheddars of various ages, cream cheeses, European, speciality cheeses, cheese products, and any products containing cheese, processed meats, pressed, slicing meats, jellied, headcheese, calls, chicken products, 112 Lease for Stall Space — City Market S.K.Y. lean Inc. Schedule "C" - Page 8 - port products, beef products, dried salamis, pepperonis, bolognas, salamis, pepperoni sticks, beef jerky, and also bread loaves aad rolls, variety of sausage, maple syrup products, honey, pickles, pickled eggs, various pickled items, cretons, pates, brachetta topping, olive oils, various mustards, anchovies, spices, hot sauces, cabbage roils, butters, garlic butter, potato salad, various salads, homemade baked beans, meat pies, sauerkraut, gravy, fish cakes, egg rolls, Chinese food products, frozen dinners, Child's potatoes, lasagne, yogurt, horseradish, blood pudding, balsamic vinegar, salad dressings, meatballs, hot peppers, humus, pepper sauce, variety of sauces and dips. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose_ In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "Raymond's Deli" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenants) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market, The Lessee therefore covenants and agues that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time_ However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in 113 Lease for Stall Space— City Market S.K.Y. Ieon Inc. Schedule "C" -Page 9 - default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well -lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; c) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can he heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expanse and in accordance with plans and specifications to be approved in advance in writing by the Lessor, m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, 114 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 10 - alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Soction 7.0 1. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stoclr; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or bend to confuse, deceive, mislead or be fraudulent to the public; or a mail order business or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose off transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stared or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the rigbt at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such envizonm.ental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Tema. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the stone front without first obtaining the 115 Lease for Stall Space — City Market SKY. Ron Inc. Schedule "C" -Page 11 - Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in force, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done m respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the [eased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entt wcs and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or sutler to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be secs from the exterior of the Leased Premises in a earner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepts and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that uo construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be duce into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on 116 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" Page 12 - demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8.06 Rules and Regulations The Lessee will comply with the Kuies and Regulations. fhe Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and sapplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non -observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 8.07 Mamtenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roofs bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all tunes subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market,, close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off ail or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.03, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property, or 117 Lease for Stall Space — City Market SKY. Ron Ina Schedule `v, - Page 13 - iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to m ;n ;mi..e any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the term of this Lease, the Lessor may exhibit the leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let' which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: i. All-risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability, d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; fl Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from ti me to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required inm=cc_ All policies shall contain an undertaking by the 118 Lease for Stall Space — City Market S.ICY. Jeon Inc. Schedule "C" - Page 14 - insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 4.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. if the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty -four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be, and be paid as Additional Rent. 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it he responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi -public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnillcation of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence m upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation, 119 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 15 - ARTICLE X DAMAGE, DESTRUCTION AND EX ROPRIAnON 10.01 Total or Partial Destructiox of Leased Premises It during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect a) If the Leased Premises arc rendered partially unfit for occupancy by the Lessce, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Loaned Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City M=et shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3`d) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Exproprlatfon Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. 120 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 16 - ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XH TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased .Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lcase or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that bas effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld_ Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer described in Section 12.01 (iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or 121 Lease fur Stall Space — City Market S.I-Y. Icon Inc. Schedule "C" - Page 17- any indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIiI DEFAULT OF LESSEE 13.01 Right to Re-Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute. or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re -Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable, upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re4etting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the 122 Lease for Stall Space— City Market SX-Y. Jeon Inc. Schedule "C" -Page 18 - Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of. (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Terns seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the L.cased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Tenn and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary_ All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 0/6) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. 123 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 19 - ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of one and one half (I %s) times the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease_ 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rant hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Runt be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Farce Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strifes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or Other reason of a hike nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 124 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" -Page 20 - 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at 55 Leinsteir Street, Apartment 104 1'r Floor Saint JAL New BrunswicL E21 0 . Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14,08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City I-fall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L4Ll. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick: 14.12 Captious and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of ttus Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances otber than those as to which it is held invalid or unenforceable, shall, not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14,16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment, 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Rent Free Period — purposely deleted. 125 Lease for Stall Space — City Market S.K.Y. Jeon Inc. Schedule "C" - Page 21 14.19 Basement Storage Space Where the Lessee makes use of any area of basement storage space, notwithstanding any provision herein coxitained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water an&or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby agrees to retcase and indemnify and save harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines. 126 SCIiEDULE "D" RULES AND REGULAT IONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not he burned in or about the Leased Premises, 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted - 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. b. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord, 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or fuuuiture without first obtaining the consent in writing of the Landlord, In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employers. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours". The Landlord is under no responsibility for fiWure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 127 RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand tricks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 24. The Tenant may only sell merchandise that is approved by the landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc, to the stands (including signs). 25. Merebandise, displays, shelves, etc,, are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally- illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- Q" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide: Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed $.5" x 1I" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 128 Myll IV6- Awibariaed Debltwig Pam `1% CRY of Mat john i® plwqd to be able to cfkr City biarke Tate> u a monwy drr� pkMwt option for paymcat of City Motm mt. We hove that the fin is how - cr, please caff us if yen have sixty questiom dk IUi City of Saiat JdM_ _ cut h> use Aux r},����dwu. na=W mumapol,� `� P de i"'a�' lam' bmL3ttim mmmd Ammmatw Tear losw tau mzcu municapal. Mow eq6m= quo cc famulvira est cL*, tout d* si vow mw des queetioz,4 Wwsitez vas A now fi ler_ I (W al-I (306) 652-L"17 I Man M in and n t m this fo® to The City of Saint Jobn Win acrd Collections office with a VOID cbmque (fu account vaificatim PNPWN). vmimmmmP&ei rebaurnar loptsmthmWeim slat inuem do la fictmgim et de is pomeptimt de The City of Sam. loam avice on cnnmu, p in meshes 4ANI*iUTA) (9= fms de vim' avow cht cempie� vwd, / iwlwus, Notes / Nam: Addrm / J1finwse 3'mvinao : Peal Ca3e / Ville : /Cobra":- �e�► irrtir�rw��tw ,�n��rare+r+rt*�,,:rrar�isk w�a+ta�ra�ww AUTHf)RM °;aiTl'IiA=,/ vM] l�_+0ms t�+ r.:+ Fwae+ rr�r�rxt�r�war�r�* �r�rs��ra�a�+ +�+�# *a�rr��,��rrt�r+�►r�r,teR� Tki-D Chymr sNkxtJDr, r" city ofsid"job�% P.O. l= Wk Smiort JfAn4 PTS, J£2L 4 LU C.P. DT4 6-it 35bN Yri.•Vt M 4L% to dalt notwr O Coldoc AccountO / br de bddat/&h6UCM,j_d: Brest Aftaev / Admae de la mem ab T=w�t : i%r at FwP0,;0 orpyr t of mau t eta :ins two dv pt14, rot WeRad 4% Wye ds mud d psyslat maaft auuuidpa I WG biro rldd j9d mood &a C Jwhmm amain In c-3 oonso$ lea UUM of dds xWhostmdb2 . da si Baw : � Data GFor jobt accoa^ all dgmskm mM sign if mn ua dean eme side in rwPhed on &qm Wawa *Flhst the Moamt. Nooc V a copy of this cow4ddod Fami L mquh4 ptt� ia�tm acct sae. *Fn cc clan emnaam ha a=Vft camdol^ si phu dues Ap4tam ad rogvlsa w 1rs. aLb rm hints & oa wmptu, Doan la d4wlzh6&feat d pw. 14oba : Si vows d6i= obw4r uja cqk dap &rw &mulma d&win r=Vk mUls on avierr satin bwem "Vwr Al Vww0** 129 MR MS AND COMMONS ilW� will � LYtyof S�:diaiin Billies �d Colloo*m d6wo, in vddp& of wW cb in t>ro infion1don or omnhwa n offt aw&ummfim at laut dft (30) dRY5i pdar to the rzapaymh# dAL Dwe r H that an of Viis tkadom cot affixt myhsr dougrbm to P&' fcr Sec, (r smvicft conmtaed f+mOwitb Tha C hyof 6,1 Yoh, My1tw fiiw ijay, '-A treat &�& debit as iflUal Ud PMMMY Miud, Widen ddtwtk m UW COY Of SJU Jobe. W debit the Mount (a) qwffif4 to mytottr acaooat aw mood 2" d;r t Wym �,w drama in IM undmtmd tat my dUft diasW to myfbmk, i;ce aat zvm bs rc)� 3 ie VMS mot &AM jA aim .r440 gmmmamm nw Z am oaea RMMMIcw; or ft dd t vms poked to the aaro ft ri=mes duo to imJi4&000arect aim iafarlDEtiM bWpIiod by 60 Hmm & Caused= otBve, Tha City of Saint by OW102 woe In wrlti- to mylow bCz=h of acoowt vvhm mmty (90) days of fL -debit to mytout wcount The aty Of Saint Jobs WM dWU9 S10.00 for G,Jj tmadcdon rdwm4d or bkm SuffieftrA Ponds VwC ,acimawwo that davary Ofd& boa to The City of Saint kba coadftua deln y to my fi&UALti Win. VWC wnad fiat *9 pm am a show aigou- mm rtxp*d to sin up on tibia account have dpod tits, "tmiw" secs W. The City of Sint M m ;om NOT Am or saD its Cuot Bets. einy ila=ndm provided h"k v1 U used only for the above -notes pest, and fo, no other purpose. Yca sib tit thie form is your for 110 pity of Saint Jahn to wc� his inibinmOom If you hen zny gnostiosur about this ate, pleaw do not hedbda io till 652 -19M or tho City SOHCitar% ut (SW 659 -2960. MODAUTts XT CoNDmONS ez4n2dom et da I& POMCP&M & rao city of Srhu Jahn. ds bout chgagment ippmw am r.-avisocawwr snr a ate au. do k rd do aft won, xm =big Umk (30) lama avunt 1n data to p &- �n �w n'4al`na Often w tie P- er IN pedWb on Nmvioes sau cozw pow an AVW The City of Saa john. hiowwft ikon tam tadtta prE &mmat bmcdm ooam¢d jp, W,*m Iw =pant 4.aic arts fad &AMU'WA r w Cky Of Saint %1m is eAfter 1e(e) mss) tea) de trwat wft WIMNO ct db n'CW pu k Wdffce qw Im JD oampuwsiout coffv 40 tm l Utma b2malm de ralnaf, "m ramboersb:j : oe pwmvslmvma'a.pa;�W ;Olt oa P=ent a 69 COWW6 du oiouvads COMI& ten rAm, de rG&aFkmkUjft Aqw 1e cmqti invaUdes On bm&6 par Its Egram do It &zbDdn et da Ia. pMCE.Ifim & 7b ON of TADm en dammnt mr we &eit t mahwft eoocastaio bunmik . dsa Im quatu M t that ( ) jou suivaot 1a zee de man/ao m coal*-- 110 City O f Grp► i.,a,. A � :v v - am i DtS rte 2G rJ�i€�S7 d'kVdftmDe do Am& Wonft*sm giean acoamw eert'.a a --d m x Tha City OfSaint%bw. Jo 1'ammIldna" 1'ucoardm, 41 momhu»re iamwm llnmdka. k Wr nVw Vr-&Wm va kdLs k-m pamm*s dorm h ai +x Cat F.JWU drat COX40 Oat sip t6 Lpzt -zte UAML fi,= ** .`she . at Ia vk; pri ,, The City of Saint Toha I x7. rm"N�a pw at nw VOW prs sa listo do dimb . Touk c n Vii, dscakmmuL-x* tsm fts dftibw a -c6,;6 . Yntm ai $ Sur cc fomuww rtvhvtft VOW man 6 ca quo Ti0: ChY of SWW John emeffistre 2'hOmmudw qui yOcamiteam Sivataavez dca quzAiam= propm & Cam eft mwca, 8'W l I� mmposw It 652-1957 an it star ib bumm do 1'svomt n mwchlsl = (5m) 655 -2m. 130 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Soo Young Jeon, of the City of Saint John, in the County of Saint John. and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the President of S.K.Y. Jeon Inc., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing ag=mcnt and piuporung, to be the corporate seal of S.K.Y. Jeon Inc., is the corporate seal of the said S.K.Y. Jeon Inc., the Lessee named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Soo Young Jeon" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the 2.1 tr day of "'"6},.,. - , 2012. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of Nov Brunswick, this • .'l `" day of 2012. Cossion of Oaths wing a S citor 131 Soo YouyWn .1 I I 'r n, e .. The City of Saint John Mayor Mel Norton Mayor's Office Bureau du ;naire PROCLAMATION WHEREAS: the Canadian Cadet Movement provides a dynamic and structured program available free of charge to youth across Canada; and WHEREAS: Greater Saint John's seven cadet organizations: the 268 Bras d'Or, 9 Rodney, and 311 Halifax Royal Canadian Sea Cadet Corps, 1777 and 1691 Royal Canadian Army Cadet Corps, 527 Simonds and 161 CK Beveridge Royal Canadian Air Cadet Squadron have fostered the development of our youth; and WHEREAS: Saint John area Cadets continue to be active and responsible members and leaders in this community; and WHEREAS: the City of Saint John wishes to demonstrate the high esteem in which the Canadian Cadet Organization is held by its citizens; NOW THEREFORE: I, Mayor Met Norton,,-�----1 of the City of Saint John do hereby proclaim the week of September 16th- 22nd,2012 to be Cadet Week and urge our citizens and all agencies and organizations interested in taking part in this event to support Greater Saint John's Cadet organizations. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 4�- ---- SAINT JOHN P.O. Boat 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn,ca ; C.P. 1971 Saint John, N. -B. Canada E21- 41-1 132 A cr� --3 n a�, . IZe2an,� Are 1'c�`�{ al Att, U J Zqr 7a 1 z j� Utei' a �- �aTa\A� qj 3(7 a Q 111- 133 PROPOSED ZONING BY -LAW AMENDMENT RE: 317 CITY LINE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, September 10, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 912 square metres, located at 317 City Line, also identified as being PID No. 00386193, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit two apartments and a rooming house in the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment 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: 317, LIGNE CITY Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 10 septembre 2012 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 912 metres carr6s, situ6e au 317, ligne City, et portant le NID 00386193, de zone residentielle- habitations unifamiliales et bifamiliales o R -2 o a zone d'edifices a logements multiples de trois Rages «RM -1 ». RAISON DE LA MODIFICATION: Permettre deux logements et une maison de chambres dans le batiment existant. Toute personae int6ress6e peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de Purbanisme et du ddveloppement a Fh6tel 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 ]'attention de ]a soussign6e A 1'h6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffiere communale 658 -2862 134 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 912 square metres, located at 317 City Line, also identified as being PID No. 00386193, 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. 2012 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6crdt6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, d6crdt6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe <<A)>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain d'une superficie d'environ 912 metres carr6s, situ6e au 317, ligne City, et portant le NID 00386193, de zone r6sidentielle- 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 arrdt6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common C1erk/Greffiere communale First Reading Premiere lecture Second Reading Deuxi6me lecture Third Reading Troisi6me lecture 135 Planning Advisory Committee August 23, 2012 Your Worship and Councillors: SUBJECT: Proposed Rezoning 317 City Line P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John On August 13, 2012, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 21, 2012 meeting. The applicant, Mr. Serge Ethier, was present and explained to the Committee that based on the opposition to the proposal from his neighbours, he would agree to withdraw the application and work with staff to explore other opportunities with his property. As a result, the Committee did not make a recommendation with respect to the proposed rezoning. Respectfully submitted, Eric Falkjar Chairman FS Project No. 12 -206 136 The City of Saint John DATE: AUGUST 17, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2012 PREPARED BY: Stace , MCIP, RPP P1 SUBJECT: Name of Applicant: Serge Ethier Name of Owner: Serge Ethier Location: 317 City Line PID: 00386193 REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Municipal Plan: Stable Residential Zoning: "R -2" One and Two Family Residential Proposal: Rezone the property to "RM -1" Three Storey Multiple Residential Type of Application: Rezone the subject site to "RM -1" Three Storey Multiple Residential and approve variances to: i. Reduce the minimum off - street parking requirement of eight spaces to six; ii. Reduce the minimum lot width requirement from 22 metres to approximately 17.5 metres; and SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 , wwwsaintjohn.ca C.P. 1971 Saint John, N.-G. Canada E2L 40 �� 137 Serge Ethier Page 2 317 City Line August 17, 2012 iii. Reduce the minimum bachelor unit size, for the units located on the first and second floor, from 32 square metres to approximately 24 square metres. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning Bylaw. Common Council will consider the Committee's recommendation at a public hearing on Monday, September 10, 2012. 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 the proposed rezoning and variances be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: • It is assumed from the application that there will not be any changes to the existing municipal services to the building. If any changes are proposed, this Department must be contacted for further review and approval. • A City approved water meter and appropriate backflow prevention must be installed by the owner. • All required parking should be provided for on -site. • Detailed site (including the location and width of any proposed driveways), grading and stormwater management plans and design brief must be submitted by the owner's engineering consultant to this Department for review and approval. • The proposed increase in the number of residential units and boarding room units in the building would result in this property no longer being eligible for municipal solid waste collection. The owner would be responsible for providing all solid waste collection. • The owner is responsible for obtaining all necessary permits. Saint John Transit provides a high level of service to the corner of Woodville Road and City Line in close proximity to this location. 138 Serge Ethier 317 City Line Page 3 August 17, 2012 Buildings and Inspection Services have indicated there are concerns with this property and have provided the following comments: ■ Any work that has been performed since 1996 has been done so without a permit. • We have no information as to exiting, fire separations, fire alarm system, plumbing or electrical deficiencies, among other unknowns with this property that is actively being used to house citizens of our community. • Should this property be rezoned, 3rd reading should be held until a complete code review of the property is done and any deficiencies are corrected. • It appears from a limited review that a significan t amount of work will be required to meet the standards of the National Building Code, and other applicable regulations. • The plans submitted are not adequate as they are incomplete and not dimensioned appropriately. Saint John Fire Department has no objection to this application provided that compliance with all applicable regulations are adhered to, including but not limited to the following: • Fire separation within the building units satisfies the requirements of the National Building Code of Canada and the National Fire Code. • Fire separation between buildings satisfies the requirements of the National Building Code and National Fire Code of Canada. • Required exit doors shall open in the direction of exit travel and shall be operable from the interior without the use of keys, cards, special devices or specialized knowledge of the door opening mechanism. • Smoke Detectors AC/DC are to be installed in each dwelling unit and be connecting to the buildings Fire Alarm System. • Approved, portable, wall mounted fire extinguishers are required. As a minimum the type, size and location of extinguishers shall conform to NFPA 10. • Smoke alarms shall be installed as per the 2010 NBC requirements. Hardwired (electric) complete with battery backup are required in each bedroom and outside each bedroom, between the bedrooms and the remainder of the apartment. • All sleeping rooms/bedrooms require an exterior operable window conforming to NBC 9.9.10. • Continuously illuminated exit signs are required at exits and as necessary throughout the floor area to clearly indicate the direction of exit travel. Signs shall conform to 2010 NBC. • AC/DC emergency lighting is required for exits and access paths leading to exits. • Any garbage enclosures, garbage dumpster, storage sheds shall be located a minimum of 6 in (20Feet) from this or any other building. • A fire safety plan is required upon occupation of this building and it shall be acceptable to the Saint John Fire Department. • Plans must be submitted to the Department of Public Safety for review. • Prior to occupancy, a full inspection must be completed by the Saint John Fire Department Fire Prevention & Investigation Division, contact number 658 -2962. 139 Serge Ethier 317 City Line ANALYSIS: Site and Neighbourhood Page 4 August 17, 2012 The subject site is located on the west side of Saint John, at the south -end of City Line Road, just north of Lowell Street. The subject site is zoned "R -2" One and Two Family Residential, as are all of the properties in the immediate vicinity of the subject site. An examination of the Service New Brunswick records for the number of units in this neighbourhood indicate that the majority of residential homes within 100 metres of this property are one and two unit homes with very few three and four unit dwellings, and one 6 -unit dwelling. There are three churches in the broader neighbourhood and some Light and Heavy Industrial lands to the south -east near the waterfront. There are three sites in the wider neighbourhood that have been rezoned in the past to "RM -1" Three Storey Multiple Residential; one located to the north -west of the subject site at the comer of Woodville Road and Lancaster Street, and two located to the south -east of the subject site at the corners of Lowell Street and City Line Road. This neighbourhood is considered to be quite stable and opportunities to increase density have been generally limited to a few comer properties. History of the use of the Property Service New Brunswick records indicate that this two - storey, two -unit residential building was built in 1930. The Planning and Development Department files do not contain any information to indicate when the building on the site became a rooming house with two bachelor units as there is no history of applications to convert the property from "R -2" One and Two Family Residential. The Building Department records indicate there was a Building Permit issued in 1996 to a previous landowner however no indication the property was being converted to a rooming house and bachelor units. There have been no Building permits issued to the current owner for any work that may have been done to convert the property to what it is today. There were two complaints in 2008 from neighbouring property owners with respect to this property being used as a rooming house. An individual called the City's Building Department in June of 2012, identifying themselves as a new tenant of the property, and filed a complaint indicating they did not believe one of the bachelor units was legal. From this complaint, the City investigated and determined that there is an eight room boarding house and two existing bachelor units. Due to the uses not being permitted, the owner has since been issued two Notices for non - compliance. In order to address this, the applicant must either cease operating the property as rooming -house with bachelor units, or apply and receive approval to legalize the use through the rezoning process. Upon review of the proposal staff identified variances that are needed to ensure compliance, however due to the quality of the submission at this stage, it cannot be determined if additional variances will be required. Should this application be approved, the applicant will be required to submit proper drawings for approval including a site plan, landscaping plan, parking plan, drainage plan and interior drawings for the Building Department (see staff comments for further detail). It would also be strongly recommended that third reading of this rezoning be withheld until all deficiencies with this property are rectified to the satisfaction of the Chief Building Officer and the Saint John Fire Department. 140 Serge Ethier Page 5 317 City Line August 17, 2012 Municipal Plan The subject site is designated Stable Residential in the Municipal Plan which speaks to its location in a long- standing residential neighbourhood in the City. The Plan supports rejuvenation, reinvestment, and intensification in Stable Areas where it is at a scale and density consistent with the surrounding context. In this case, the surrounding neighbourhood is primarily single and two - family homes, with only three notable higher- density multi -units located on the periphery of this neighbourhood. The Plan supports the development of boarding and rooming houses in appropriate residential areas of the City, where they are in close proximity to major transit routes, community facilities and services. The subject site is arguably in the middle of a low- density, stable residential neighbourhood that is not appropriate for this level of intensification. This location is not in close proximity to community facilities and services, not on the edges of this stable residential neighbourhood, and the proposed use requires multiple variances to accommodate with the potential for additional ones subject to appropriate drawings being submitted. Zoning Bylaw The proposed variances are for a reduction in the number of off -street parking spaces, lot width, and size of the two existing bachelor units. The applicant has proposed to provide six off -street parking spaces, one of these being in the front yard, where eight parking spaces are required. The front yard parking space will not be permitted. The proposed five parking spaces in the rear of the property will require removal of a significant portion of the rear yard and it is unclear, without proper drawings, if this will require a variance to the minimum landscaping and amenity space requirement to accommodate. The reduction in the minimum lot width is a result of the original narrow lot for this property and is something that will not change the character. The reduction in the minimum unit size for the existing bachelor units from the required 32 square metres to approximately 24 square metres cannot be supported by staff. This community is not in need of rental units that are of a substandard size to accommodate housing demands for citizens of our community who are vulnerable. CONCLUSION: The application for a rooming house and three bachelor units, two of which are a substandard size according to the City of Saint John Zoning Bylaw, is not an appropriate use for this location. This property is in the middle of a stable single and two - family residential neighbourhood on the west side of the City. The proposed use is out of character for this neighbourhood and has, according to the complaints on file, been a concern for a few years. The rejuvenation of older neighbourhoods throughout the City is an objective of the Municipal Plan however it must be sensitive to the neighbourhood context. Higher density uses, unless they are neighbourhood -wide, are best suited to edges of stable residential areas. Given the historic use of this property, the neighbourhood context, and the Municipal Plan intent for neighbourhood investment and appropriate neighbourhood intensification, it is recommended that this application be denied. Project No. 12 -206 141 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT 325 6 / ♦ f 3 •D 42 ��`1 1gb by 29 '` 3 per �ss 96 04 1 29 91 38 98 30 95 �[ 20 00° �• L 0 ' 20 4F b' 4 38 /'� 10 Q) 02 ,� 38 C 12 , 243 64 06 �v 8911 d�C� 0 3 32 Q 247 �Q� 39 3 sjt 4 0 3 249 � 9 ?t 3 32 v� ��ww�. 251 J 33 �� 276 4 V0 446 325 33 18 33 32 0 333 33 31. `1. 2 �� 7 335 3y '4� q 96 .J� 6 5 �1111.0 ` 39 31 2 0 3 ♦ 321 ,� A ir-• 4 \ �' 33 DO ♦ : 49 n 33 r, 08 i 332 ♦ 14 334 40 18 • 405 340 327 y 411 2 24 r 1 k 3 333 ;�� 42 339 r r 3 347 /" 7' ` �; O� 36 55 2 4 21 Subject Site /site en question: PI D(s) /N IP(s): 00386193 Location- 317, chemin City Line Date: August 3, aout 2012 Scale /echelle: Not to scale /Pas a I'echelle 142 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT �. D2 16 4 •.. .` �' P � 8 r k � 2 z3 Gj' z 1 fi>J 5 326 0.5 2 • 3 ('J�V 7 19 29 ♦ - kl • 1 8 C 17 , 29 81 3 ,\ 20 B 30 DB 0� I ^2 20 4 4�% 38 �'� 10 � + 2 0 Jl0 38 12 3 04 06 J 0' 9 39 �0, 243 4 32 247 & 0 249 S k �• 32 33 276 4 �Q 448 326 31 29 '�/06 1D 0 <Q/� 480 33 a, 33 0,4,, 33 0 336 J 7. � 7 4 6 2 6 34 0 / he 0 3 35 r 32, • ♦% 3.5 35 G 4 ` ♦ 33 0 • *4S 40 35 ♦ 33 OD ea , 1 74 T 334 332 4° � 339 ,B • } 405 ' 386 340 327 471 1 24 387 � 428 333 42 26 � 338 .�. l,'1 - 1 /• i � T 1 N-4,, ,l 3 r 480 306 ` 7 t 49 � 320 36 G`. 66 ` L • 32 T 21 ♦ E 56 32 a 71 33 29 � GQ! 34 . 38 �� D 34 i 33 Subject Site /site en question: 00386 /NIP(s): 00386193 Location: 317, chemin City Line Date: August 3, aout 2012 Scale /echelle: Not to scale /Pas a 1'echelle 143 w � w Co I' a �t 0 9� /l r // / .♦ \ y \ \ I -2 o � r � � �� m / "` \ , ante / � 0' • ' ` / \�, Ci �f i i P l i /7 RNI -2 - 317 City Line 4 • •.n t• m �t F c� T. o' . \ e o• o' c?� m /yar/ / /• %v Z@ chaa® /1 �sf . Q� CF .]Q:. . . . 4 f ... . .......... :k \; ��` .......... ° v /I_...J�`vi /. 9byF$ry YRd. \ :; i:i:::::' / f . : :...................... .............. �� Site Study 317 City Line Land Use Low to Medium Density Residential L I Stable Residential Federal Transportation Heavy Industrial +wA?a.�f s���n�^'r.!4S ?e ��i•ri�rJ��rr.� r.a ) FL /^ n ilk // ll � / � ---------'—'-- / . ERC�) ----------- w, '6il )� I "rc.-,A iW �,ti, e I- ; ( " Z., 147 -bF&OJ &CEVAIJI+ A . - - �% -fir, � � JZ cc QjYP 01, 7 ;Fzi .. 148 k. 149 it r'l ,)abiotHd �f W.A- aP�bc�,l� �,.�� &6114el lx(� 0 4f qR AA IDJ ol JAPI 7 D J.: rol- I ....... .... I Ey 3 lio 0 ol • Qj V) tp, Al - ry 317 151 141E sOWA' -Pi C N xi --N (0 A /- 2ESElz'VEO S7 -Z U10 (A 0 6 cirn / c e E e7.5017 � 11. rt ........... I JI.) .5, 17C -W I Mc Dowell' -S. If, L to C6 C N xi --N (0 A /- 2ESElz'VEO S7 -Z U10 (A 0 6 cirn / c e E e7.5017 � 11. rt ........... I JI.) .5, 17C -W I Mc Dowell' -S. If, L z3 -Z ti to C6 chubh Est co z3 -Z ti 152 Wonn v) An n I7 ti o Ik to C6 152 Wonn v) An n I7 ti o Ik August 20, 2012 Planning Advisory Committee City of Saint John Planning and Development P.O. Box 1971 Saint John, NB E2L 4L1 Dear Stacey Forfar, This letter is in response to the letter regarding the Rezoning and Variances for 317 City Line. I very much oppose the rezoning and variances to this property as we live next door with three children under the age of 6. We live at 315 City Line which is right beside the property in question. When we are on our back deck we can see their deck and back yard, therefor there is no privacy. My husband and I are hardworking citizens and do not wish to come home after a hard day's work to several people smoking and cursing on the 317 City Line property. We have already once replaced our fence in attempt to provide some privacy from the never ending changing residents at 317 City Line. I do not want to look at the proposed parking lot while relaxing on my back deck. Their driveway runs along the side of our house, so we hear all the noise from the traffic running by our bedroom windows and the sound of car doors being slammed shut all hours of the night. This has at times woken our children and is very unwelcomed. As it is now, there are taxis honking their horns into the early morning and into the late of night. If the variances and rezoning are permitted this traffic noise and pollution would only increase. This is very much a family orientated neighborhood and it comforts me knowing who my neighbors are. With the constant change in borders, it's difficult to keep track of whether or not the people near our home are strangers or residents. The police have already been called to 317 City Line due to a problem with one of the residents and this very much concerns me, the welfare of my family, and of the security of my home. St. Patrick's Elementary School is just down the street so there are many families with small children who live all around the 317 property. Allowing 317 to become a boarding house would have a negative impact on the dynamics of our family orientated neighborhood. We need to ensure the safety of not only our own children, but all the children who walk by 317 City Line on their way to school or to get to their school bus stop. I am fearful that allowing the suggested changes to 317 City Line will decrease the value of my own property and will make selling my house in the future very difficult. I want to feel safe in my own house and in my neighborhood and will no doubt feel forced to move if the Rezoning and Variances are passed. I contribute enough through taxes to live on a street wihtout a boarding house. 153 We have excellent tenants and would like to keep them but they too have been annoyed from time to time with the noise that comes from out neighboring 317 property. There is one man who hangs out his window and watches everything that's going on or hollers down to talk to the others on the deck. I believe in being friendly to your neighbors but having someone out on that deck all day and night leaves little room for privacy, and in all honesty, is a little creepy. I wish I could attend the August 21st meeting, but due to unfortunate circumstance, I will not be able to attend. I do intend on being at the meeting on September 10, 2012. Feel free to contact me at home (657 - 1661), if there are any questions regarding my letter. Sincerely, Beverly Janes 154 3 n- lu 17. 41 4: �d S A'v t JL 'j- 1� 155 tAL dti 12jLy It v/ 14 c 'q' t, ill. QLv 4'} `(,� �� (J ^r r r '', G A U-W Lj Li ILI Ct r J t. 11al AilkaA Ulu 4,5 156 - �,�u��% �`�`��zC�i�� �;c� �'� Cam! '�-f ��Vl�' -� Lj L-IILz,l did 'Ibl," L��,L I/Ll z4 -41 /L ZL 157 Flecknell, J1111an From: Corinne Ann Coes -,ccoes @hotmail.com> Sent: August -16 -12 11:53 PM To: External - Planning Subject: Re: Rezoning and Variances - 317 City Line Attention: Stacey Forfar I am writing this email to express my opposition to the rezoning of 317 City Line from "R -2" One and Two Family Residential to "RM-1 " Three Storey Multiple Residential. My husband and I own a single family home on City Line. As property owners, we strongly object to this proposal on multiple fronts. First and foremost, as a young family we are extremely concerned by the proposed existence of a boarding house just steps from our front door. Boarding houses are synonymous with transient populations. Transient populations inescapably have a negative impact on the communities in which they exist by diminishing the overall quality and safety of the neighbourhood. Unlike the surrounding property owners, habitants of boarding houses have no invested interest in the community in which they are residing. This lack of concern coupled with other behaviors associated with the transitory lifestyle does not blend well into a family- oriented community. To introduce this form of living to our quiet, residential neighborhood would demonstrate a complete lack of regard for its current members. In addition to the obvious disruption the rezoning of this property would bring to the quality of life in our neighbourhood, by approving this proposal the Common Council will simultaneously degrade current property values and open the door for further neighbouring structures to undergo similar transitions. Furthermore, to even entertain the request of a property owner whom is already in direct violation of current zoning legislation sends a clear message that blatant disregard for property laws is not only not enforced, but is rewarded. This is completely unacceptable. As established members of this community, we feel it is not only our right but also our responsibility to uphold the quality of life in our neighbourhood. We therefore strongly object to the rezoning of 317 City Line. It is our request that this email be shared with the Planning Advisory Committee meeting on Tuesday, August 21, 2012 and also with the Common Council on Monday, September 10, 2012. Also, as per our discussion on August 7, 2012, we would like a copy of the staff report from August 17, 2012 as well a follow -up telephone call following the Planning Advisory Committee meeting. We can be reached at 506- 609 -1219. Thank you for your attention in this matter. Sincerely, Pierre and Corinne Coes - Theriault 158 0811612012 14:10 50GS365317 TN4PAYER SERVICES PAGE 02/02 Planning and Advisory Committee City of Saint John Planning and Development P.O. Box 1971 Saint John NB F21-41 Darlene Good 319 City Line Saint John NB E2M 1M3 Rezoning and variance of 317 City Line IN I am sending in my views on the above -noted subject in response to the letter I received dated August 3, 2012. As the immediate neighbour, I am quite concerned about the possibility of 11 different individuals living next door to me. When a family occupies an apartment, they operate and function as a unit, in this case, there would be 11 different individuals operating individually My property borders on the larger driveway and yard side, and vehicles coming in and out, especially later in the evening and earlier in the morning, can be disturbing. This would only be magnified as the number of people in residence increases I am also on the side with the direct access to the yard and side door, which is where the current individuals congregate to smoke, and which border my bathroom, kitchen and living room windows. The more individuals who live in the units, the more that would be congregating; in this area. There isn't a lot of space between the houses and the property lines as they were established long ago, so if someone is in a yard, you are visible from within your house every time you pass by your window, as they are every time you glance out your window when you pass by, These are all imports nt and specific reasons why I oppose the rezoning, but I have to say my most vehement opposition is to the establishment of the boarding house. If this was a rezoning to establish a 4 unit apartment from the current 2 family apartments, then I would not be forming any opposition. There is a difference between renting out an apartment versus renting out a room. We are located in a family orientated neighbourhood; there is an elementary school at the end of our street that many children walk past our residences up to four times a day to attend. The children who attend middle school either walk by to the school or walk by to catch their school bus twice a day. The bus stop for our high school children, whether school or city bus, is less than a block away, and only 4 houses away. There are a lot of children, just for school purposes, of many ages, passing by on a regular and recurring basis. This part of our neighbourhood has single and double family residences for these reasons, There is a park behind us and a rink around the corner. If a residence is a double family, most, if not all, of them in a cluster of houses, are owner occupied. By having the owner on -site, it adds a quality of behaviour to any tenants that occupy the other portion of the property The people who move into our neighbourhood are looking for homes, somewhere to stay for a while. Our neighbourhood encourages this with the amenities that are close by, so whether you want to own or rent, have children or not, are above or below the poverty line, they are looking for a home. The rezoning of 317 City Line to roomsfor rent will attract people who are looking for temporary space to live, not a home, and that will adversely affect the q ality of life in the "/&1_, W 159 Lockhart, Lynda From: JodyandRaymond <jrljoyce @nbnet.nb.ca> Sent: August -14 -12 9:20 PM To: External - Planning Subject: rezoning and variances 317 city line Dear planning and advisory committee members, I am sending this email to express my concerns regarding the application to rezone our neighbouring residence to allow for it to OFFICIALLY become a boarding house as well as single room apartments. As you may or may not be aware it has been operating in this capacity for some time now. This is an area of the city that is very family orientated. Playgrounds, schools and rinks cater to the children's recreational needs. I strongly feel that the neighbourhood is totally inappropriate for a boarding house zoning. People coming and going at all hours of the day and night ... moving in ..moving out. The tenants that are in our neighbourhood stay-for years! The majority of the houses are single family or multi- family living together in one house unit. As this property always had been. Parking on the street is very limited already and disastrous in the winter, with no on street parking, to say the least. The property this is concerning is not well maintained now... lawn left uncut, shrubs and flower beds now left to it's own , fencing falling down, siding hanging ... sure to get worse with more people coming and going. If you would like to speak to me personally about my being not in favour of granting permission for the rezoning of 317 city line,under any circumstances, you can contact me at my home number 506 672 -6444. Raymond L Joyce ffie..•• 4 �t .r*yy • n 1 `i�l . - 1 f 160 PROPOSED ZONING BY -LAW AMENDMENT RE: 80 KIERSTEAD 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 Monday, September 10, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID No. 00413799, from "1 -3" Light Industrial Park to "H.,-1" Neighbourhood Institutional. REASON FOR CHANGE: To permit a group care facility for a maximum of 14 adults within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment 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: 80, CHEMIN KIERSTEAD 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'arretd sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 10 septembre 2012 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1 636 metres carr6s, situ6e au 80, chemin Kierstead, et portant le NID 00413799, de zone de parc d'industrie legere «I -3 » A zone de quartier A vocation collectif « IL -1 ». RAISON DE LA MODIFICATION: Permettre un 6tablissement de soins en groupe pour 14 adultes maximum dans le batiment existant. Toute personne int6ressee peut examiner le projet de modification au bureau de la greffi6re communale ou au bureau de 1'urbanisme et du developpement a ]'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention de la soussign6e A Ph6tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffi6re communale 658 -2862 161 (aussi dispanible en frangais) Type of Application Contact Information j Mailijilv Address of Applicant (witi? Pc al Code) -3A a .Aowe'reier',one N -mber Nura;x,- P1 Fax Number A- .2,-11-ail Address (w'..h Pos:af Coc'e) Property Information Vozation -xhsdno I's e o 7--1•-npvry -d rc -ri., Exis.ing zcaing of P-ope— ro pa-,d ZorL,, ji'?nner- Description of Application Dewri ne wh-V you prc,33%4 -,o io �atdct add tonal pars if NOTE: !:ft; applickrt is NOT tkz own-,r, Cite s .pigiatvr. x (in wr;ting) la submit j:1j. I ficati.jE it required. 7 -k sigrxu.-e or over JUL 0 6 2012 $ignatur,- Q�Applicpnt Date Date . .. .. ...... ............ For Office Usj O2w/ N" SAYKJP 162 Nivncipa. P!ar Amendmen< Suodv-1siin Si..-HFF C( —.P�tialc Ub.; Zoning B.c-law.krnmuni-:-t Variance r nroc ar Uw Amendm-r.. to Swim 39 Con6iticrs Cordkiollal!,s- Ch..n-f, Toning Confirmation LL-,;_T Nat-confonT.ina J,e Contact Information j Mailijilv Address of Applicant (witi? Pc al Code) -3A a .Aowe'reier',one N -mber Nura;x,- P1 Fax Number A- .2,-11-ail Address (w'..h Pos:af Coc'e) Property Information Vozation -xhsdno I's e o 7--1•-npvry -d rc -ri., Exis.ing zcaing of P-ope— ro pa-,d ZorL,, ji'?nner- Description of Application Dewri ne wh-V you prc,33%4 -,o io �atdct add tonal pars if NOTE: !:ft; applickrt is NOT tkz own-,r, Cite s .pigiatvr. x (in wr;ting) la submit j:1j. I ficati.jE it required. 7 -k sigrxu.-e or over JUL 0 6 2012 $ignatur,- Q�Applicpnt Date Date . .. .. ...... ............ For Office Usj O2w/ N" SAYKJP 162 Tabatha Hearn, 2012 -07 -03 To Whom it may concern: Subject: Letter of Intent I intend to operate a 14 bed level 4 residential facility at 80 Keirstead road saint john NB. I am currently operating a 6 bed level 4 residential facility on 179 Adelaide street. I have been in operation since November 27, 2011. In my past work experience I have been a supervisor of 15 individuals and 30 support workers. I have operated up to 5 group homes myself for years. Group homes are small, residential facilities located within a community and designed to serve children or adults with chronic disabilities. These homes usually have 6 to 16 occupants and are staffed 24 hours a day by trained caregivers. The home runs with rules and regulations. Residents are to follow programs and house rules. Staffs administer pills and pre -pare meals. The residents are expected to complete a daily chore, attend work/ day programs, maintain good hygiene as well as respect co- residents and staff. The home has 4 staff on each shift; shifts are typically 8 -4 and 8 to midnight and midnight to 8. The standards and procedures for adult residential facilities dictates in section 5.7 staff ratio on the overnight must have one to nine for the eight hours of the night and one to three plus 6 hours for each additional resident for the remaining 16 hours. A group home is run by meeting all standards adhering from the department of social development in the facility. As a staff you must have a human service certificate, LPN or PSW. Staff must also maintain other certificates such as first aid/ CPR, CPI, lift and transfer, WHIMS, food prep handling and a criminal record check. Also before beginning all staff must complete a med orientation and a medication practicum before handling any medication. At this facility we do bring in a VON for foot and finger care. Clients see a medical physician monthly for a check -up in addition clients also see there physiatrist typically from 2week -6 weeks apart. We also have mental health worker that are assigned to each resident the operator of facility has open contact with the mental health worker sometimes daily as the case load requires. Operator will be in contact with all health workers to get all details on appointments / visits. In addition to the regular scheduled visits when the need a rises the home will make contact and have resident seen immediately. 163 Any private home, business or residential group home can face challenges with the community however; it is not a given education often meets any and all needs or questions. In our current situation we have had nothing but positive interactions, feedback and support given to us from our immediate community. The location is such that we are a fair distance away from any other residence, business etc. We are set apart so that we will not disrupt any others rights. ( only 2 business within our radius) A group home helps individuals with unique needs to thrive and be a part of the community. Within the home we help with bathing, budgeting, medication, transportation, job searching, and meal preparation, maintain good behaviour, helping with conflicts, attending appointment as well as supporting residents in their own decisions. To become an active contributing member of society. Individuals who live in a group home are persons with special needs/ mental illness who require special support from highly skilled/ educated staff members. These individuals require unique structured training environment, predictable outcomes for consequences to thrive and becoming active in their community and feeling the joy of personal success. The government supplies a standard pre diem amount per person depending upon their level, range is subject to change. However this location will only be open to level 4 at this time Each group home must follow the guidelines within standards and procedures for adult residential facilities specific to section 4 environment and security includes 4.1- 4.6.Each home must have a client bedroom, kitchen, living room/ TV recreation room, dining room, washrooms (2), laundry room ,office and in this particular home we will be having a quiet room/ calming room. This is a great assist when dealing with this type of population, therapeutic. There is a huge need for group homes that can provide care for youth in transition that can provide (quality trained care) .the need for such a facility with the ability to provide a community based residence with uniquely trained prepared staff is a must in allowing residents to try and even thrive in a community based setting compared to life in an institution. These Staff members who are uniquely educated trained and experienced who understand the specific needs/ challenges and how to fulfill them. 164 975 e ° C s 982 ; r� o> 0 a f °o rs 986 981 Y O S 981 s� s ° 0 1020 981 ° Ja 986 s ° s J• s �'�� �° 981 ° 102► 985 e 981 985 )30 ° ° '�a 981 �J • � 8 s 'ter � ' 985 s� p dl_ ° 19 985 sA 985 s p � � Ir 100 �y ✓/ 80 --__ ch. Kierste z \ 165 n &j da s °s s 's ate, 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 having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as being PID No. 00413799, from "I -3" Light Industrial Park to "IL-1" Neighbourhood Institutional - 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. 2012 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrdtd sur le zonage de The City of Saint John, ddcr6t6 le dix -neuf (19) ddcembre 2005, est modiid par: 1 La modification de ]'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 1 636 metres carres, situde au 80, chemin Kierstead, et portant le NID 00413799, de zone d'ddifices it logements multiples de trois dtages « RM -1 >> a zone de quartier a vocation collectif « IL -1 » - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arretd. EN FOI DE QUOL The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading - Troisieme lecture 166 Planning Advisory Committee August 22, 2012 Your Worship and Councillors: SUBJECT: Rezoning Application SO Kierstead Road P.Q. Box 1971 506 658 -2800 Saint John New Brunswick Canada 32L 4L1 On July 30, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 21, 2012 meeting. City of Saint John Ian McCoy was in attendance at the meeting on behalf of the purchaser, and was in favour of staff's recommendation. Mr. McCoy stated that the proposed group care facility addresses an existing need in the community, and reinforces the goals established by P1anSJ with regards to building "complete communities ". Mr. McCoy indicated that rezoning the subject property was required prior to initiating the application with the provincial Department of Social Development. In speaking of the proposed group care facility, Mr. McCoy explained that the residents of the facility would be young adults with mental health issues. Although the residents are in need of special care, they have reached a stage in their development where they are able to live in a regular community setting. Some residents will have part time jobs during the day, while others will be involved in off -site programming facilitated by the operators. The group care facility would require one staff member for every three residents. Mr. McCoy added that the care provided would be 24 hours a day, seven days a week. The Committee asked Mr. McCoy if the residents would be supervised even when leaving the property, and whether the site had adequate parking for the proposed facility. Mr. McCoy responded that the residents would always be supervised and that the site has ample off - street parking. Tabatha Hearn, the manager of the proposed group care facility, appeared before the Committee to speak to the recreational programming for the residents. Ms. Hearn commented that the building has two large open areas on the main floor that will be used for several purposes, including training purposes, games room and a general living space. Gary Vincent, the applicant's realtor, appeared before the Committee and added that the building has been sitting vacant for a while, and suggested that the proposed facility would be a good re -use of the property. He added that the building has plenty of space on the second floor to house 14 residents. 167 -2- Yang Fu, the current owner of the property, appeared before the Committee and reiterated that there is ample amount of space in the building to accommodate the proposed use. George Callow, an area resident of the neighbourhood, appeared before the Committee and expressed concerns with the application. Mr. Callow expressed concern regarding transporting residents of the proposed facility in their personal vehicles. He also expressed concern with the lack of access to public transit in the immediate area, and the lack of sidewalks along Kierstead Road. Ron Hooper, an area resident of the neighbourhood, appeared before the Committee to express his opposition to the proposed rezoning. Mr. Hooper felt the site had drainage problems, the building would be overcrowded, and that the building is quite damaged from the lack of maintenance over the past five years. Ron Lease, an area resident of the neighbourhood, appeared before the Committee to express his concerns with the application. Mr. Lease noted a lack of pedestrian infrastructure in the area. Ian McCoy re- appeared before the Committee to address the concerns made by the community members. Mr. McCoy stated that the provincial requirements regulating group care facilities are stringent and would result in satisfying any concerns expressed by the community with regard to the size of the building, the number of residents and the suitability of the site. He also stated that the operators of the proposed facility intend on addressing the drainage problem on the site by installing the required curbing. After considering the report, the four letters received, comments made by the applicant and the concerns expressed by area residents, the Committee recommended approval of the rezoning of the property, subject to the conditions set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID NO. 00413799, from " "I -3" Light Industrial Park to "IL- I" Neighbourhood Institutional. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID NO. 00413799, be subject to the following conditions: a. The proposed group care facility is limited to a maximum of 14 residents; and b. The required concrete curbing be installed and verification provided by the owner's engineering consultant that the catch .: -3- basin and drainage swales have been constructed as per the approved plans. c. The zoning of the property be reverted to the previous zoning should the application for the proposed group care facility be denied by the provincial Department of Social Development. Respectfully submi Eric Falkj Chairman JK Project No. 12 -202 169 DATE: TO: FROM: FOR: PREPARED BY: Jody Kliffer Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: SAINT JOHN z AUGUST 17.2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF AUGUST 21, 2012 REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner Sunstar Ltd. Sunstar Ltd. 80 Kierstead Road 00413799 Stable Residential Existing, "I -3" Light Industrial Park Proposed: "IL -1" Neighbourhood Institutional To establish a group care facility for 14 residents. Rezoning P.O. Box 1971 Saint john, NB Canada ER 40 I www saingohn.ca I C.P. 1971 Saint John, N-9. Car,ada E2L 4L1 170 I Sunstar Ltd. Page 2 80 Kierstead Road August 17, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Monday, September 10, 2012. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID No. 00413799, from 1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID No. 00413799, be subject to the following conditions: a. The proposed group care facility is limited to a maximum of 14 residents; and b. The applicant submit verification that the required concrete curbing has been installed, and verification provided by the owner's engineering consultant that the catch basin and drainage swales have been constructed as per the approved plans, subject to the approval of the City's Chief Engineer or his designate. BACKGROUND: The Committee, at its June 26, 2007 meeting, considered a variance application to facilitate the development of a specialty hotel and related storage facility. The Planning Advisory Committee denied the requested variance to permit a reduced landscaped yard adjacent to the Residential zone, but granted the requested variances to permit a minimum landscaped front yard setback of 6 metres for the proposed building and 0 to 6 metres for the proposed parking and loading areas, and to permit the proposed loading space with a minimum length of 7.5 metres, subject to several conditions, including the installation of cast -in -place concrete curbs where deemed necessary by the Development Officer. Site and drainage plans for the subject property were approved by Municipal Operations and Engineering on February 7, 2008. However, the owner has not installed the concrete curbing as illustrated on the approved site plans. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following continents regarding the proposed rezoning at 80 Kierstead Road: • A City approved water meter and appropriate backflow prevention must be installed by the owner. 171 Sunstar Ltd. Page 3 80 Kierstead Road August 17, 2012 • All required parking is to be provided for on -site. • The owner is responsible for all solid waste collection services. Municipal collection services will not be provided. • It is assumed from the application that there will not be any changes to the municipal services to the building. If changes are proposed, this Department must be contacted for further review and comment. • Owner is responsible for obtaining all necessary permits. • Site and drainage plans for this property were approved by Municipal Operations and Engineering on February 7, 2008. The owner has not installed the concrete curbing that was to surround the parking area and direct stormwater to the catch basin. This concrete curbing should be installed and verification provided by the owner's engineering consultant that the catch basin and drainage swales have been constructed as per the approved plans. Buildings and Inspection Services has been advised of this application, Saint John Fire Department There is no objection to this application provided that the National Building and Fire Codes and related standards are adhered to. N.B. Department of Community Services has indicated that their Department has not received an application from an individual or group for a group care facility in the area described. The Department is concerned that the applicant may not be aware of the Department of Social Development's licensing requirement for a group care facility of three beds or more. ANALYSIS: Subject Site The subject property contains a two - storey building located in the Fairville neighbourhood of the City's West Side (see attachments). The subject site is situated between Fairville Boulevard, which is a busy retail corridor, and Manawagonish Road, a historic residential street. The subject property is currently zoned "I -3" Light Industrial Park; however, this area of the City's West Side has a mixture of residential, business and industrial zones. Kierstead Road, which connects the two corridors, is a steep, winding road. Kierstead Road currently has a Bell -Aliant Regional Communications Centre immediately abutting the subject site to the east, as well as a woodworking enterprise to the north -west. The site is triangular in shape with a frontage of over 80 metres and a lot area of approximately 1640 square metres. The elevation of the site ranges from 22 metres above sea level at the southeast corner to 3 0 metres above sea level at the northeast corner. As mentioned by Municipal Operations and Engineering, site and drainage plans for the subject property were approved in February, 2008; however, the owner has not installed the concrete curbing that was to surround the parking area and direct stormwater to the catch basin. Staff recommend that the rezoning of the subject property to "IL -1" be held to the condition that the required concrete curbing be installed and verification provided by the owner's engineering consultant indicating that the catch basin and drainage swales have been constructed. 172 Sunstar Ltd. 80 Kierstead Road Proposal Page 4 August 17, 2012 Sunstar Ltd., the applicant, is seeking to rezone the above property from 1-3" Light Industrial Park to "IL -1" Neighbourhood Institutional in order to permit the establishment of a "group care facility" for 14 adults. The applicant is requesting a rezoning to "IL -1" because a "group care facility" is not a permitted use in the "I -3" zone. A Group Care Facility for 14 adults would generate substantially less traffic than the previously approved hotel operation. The reduced traffic flow as a result of the current application is a favourable attribute considering the slope and curvature of Kierstead Road. Residents of Group Care Facilities do not typically drive, and the facility would only have a minimal number of staff working at one time. Municipal Plan and Proposed Rezonine The Municipal Plan ( "PlanSJ ") has designated the area as Stable Residential. In addition to the residential component of this designation, the Plan creates provisions for other complementary uses to coexist with residential uses in effort to create more "complete communities ". Policy statement HS -17 in section 5.4 of the Plan states that Council shall "Encourage the provision of housing for people with special needs, including senior citizens, group homes and shelters, to integrate into appropriate residential areas of the City, in close proximity to major transit routes, community facilities and needed services ". The proposed group care facility is regarded as a community facility as the care provided by the operation is focused on offering a service to members of the community who have specific challenges and/or needs. Churches, schools, community residences, small clinics, nursing homes, community centres, etc., are all examples of community facilities envisioned by the Plan that could play an important role in facilitating the creation of a complete community. The proposed rezoning is consistent with the direction provided by P1anSJ and compatible with the fabric of the surrounding community, and can therefore be supported. However, staff recommend that the rezoning be limited to the current proposal of 14 residents at the group care facility. CONCLUSION: Staff believe that the proposed rezoning to allow the establishment of a group care facility on Kierstead Road will have no discernable effect on the surrounding community. The existence of a group care facility in a stable residential neighbourhood is consistent with the vision of a residential community offered by P1anSJ. Staff recommend approval for the proposed rezoning, on condition that the operation of the group care facility is limited to the current proposal for 14 adults, and the applicant be required to install concrete curbing as per the approved site plan. X Project No. t2 -202 173 PLANNING AND DEVELOPMENTMRBANISME ET DEVELOPPEMENT 998 % _4 � 9 87 10 85 �4 955 +: r �a• ' 10 `fir r► . 101 p� e, dJ t 10 *�a 007 J� ^ gg 5 10 19 73 104,.; -2.. B -2 oz5 1 R- 1r. 029 S' �y �P.1 5..i 03 98 ♦ 47 ^�� 86 a,• v 1 2 10 1:.+.. rr 10 s a 103 i � 103 r� 160 R -2 fio ch. Kierstead Rd. t` I -3 1032 r 1050 ,ul� 1D57 G� 1100 sya`1 'lrQ' 48 *� 40 PID(s) /NIP(s): Subject Site /site en question: 00413799 Location: 80 Keirstead Road Date: ,July 24, 2012 Scale /echelle: Not to scale /Pas a i'echelle 174 Planning Advisory Committee City of Saint John Planning and Development Re: Proposed Rezoning 80 Keirstead Road Dear Sir/Madam: 1036 First Avenue Saint John, N.B. August 8, 2012 0 212 4 Si With regards to the proposed rezoning of 80 Kierstead Road from a Light Industrial Park to a Neighbourhood Institutional allowing a group home facility for 14 adults. I wish to state my objection to the proposed use of this building as a residential home. If the rezoning is approved this would be the only private resident on either side of Fairville Blvd for the entire length of it, hardly constituting a "neighbourhood" setting. If rumours are correct and that a new strip mall and the Walmart due to open soon the traffic will only increase in this area. There are no sidewalks along Keirstead Road from Fairville Blvd to Manawagonish Road. If the residents wished to go to the nearest convenience store on the comer of Manawagonish and Keirstead the residents will have to walk on the roadway, like wise down to Fairville Blvd. There is considerable traffic on Keirstead Road, will the city being installing a vehicle traffic counter on Keirstead to give some idea of the volume and speed of traffic to determine how dangerous it would be for a resident to have to walk on the roadway. The perimeter area of the building appears to be very small and at the moment is entirely paved, it cannot be described as an attractive outside recreational area. If this site is to be their home it certainly isn't a conducive outdoor living space, no lawn or garden. It doesn't appear to be 175 much room for any expansion to create a green space. The person and or business that will be operating the facility is of concern. Is this to be a non profit organization with financial and government involvement and a board of directors. Would the board members be residents of Saint John? I would not want to have to travel out of town to address a board meeting about a problem with the residential care centre. If this is a for profit venture what is their reputation within the community, do they run other facilities that have been successful projects? The number of residents also seems excessive, 14 person does not seem like a "home like" facility more like an institutional setting which defeats the purpose of group homes. Is it not true that once a property has been rezoned for a "group home" on the premise that it is to be used as a facility for adults that is could be changed to a group home for youths without further consultation with the neighbouring area. The letter of proposed rezoning does not state what type of residents will be living there. The residents of group homes usually have some type of chronic mental disorder or are intellectually challenged or a physical disability which impairs their ability to live independently. Will the facility be staffed 24 hours a day or will there be no supervision say from midnight to 6 am? I assume some of these question can be answered after the August 17th, when a copy of the report is available to the public. In the meantime I do wish to express my belief that the site is entirely inappropriate for any type of residential care and that an exception to the current zoning should not be approved. Yours truly George Kellow 176 Flecknell. Allian From: EC Q <edandcarol66 @hotmail.com> Sent: August -08 -12 12:08 PM To: External - Planning Subject: 80 Keirstead Road, Proposed Rezoning Attention: Elizabeth Gormley, Common Clerk 658 -2862 Re: Proposed Zoning By -Law Amendment, 80 Kierstead Road Please be advised that we are very strongly against this proposal to permit the establishment of a "group care facility" for 14 adults. There are no sidewalks on Keirstead Road and it is a very high traffic street. Also, there is no outdoor space for residents, other than a small parking lot. Regards, Edward Quinn Carol Quinn 965 First Ave. Saint John, N. B. E2M 4N9 177 /416/'1 eew C-9-1-1 A) �; �crt � NZlost �, Vikt .'�:! UiV � a ��+C W•� ! CAL �,. ��+— %�/�o�LC -� �—.� �� � �cr Ue/ �� 1t C 2c3t��iv G ♦ S �?�'C l L` C L s 7v gc Ci�, cz �c�` l C ri �.v old l e' WA4rc4jn:( 14' 178 981 First Avenue W. Saint John, NB E2M 4N9 August 19, 2012 Planning Advisory Committee City of Saint John Saint John, NB E2L 4L1 Dear Sirs: We wish to respond to the letter from Ms. Jody Kliffer dated Aug 2, 2012, concerning a proposed rezoning of the property at 80 Kierstead Road to IL -1 to permit use as a group care facility for 14 adults. This property is immediately adjacent to the back of our own property at 981 First Ave. A group care facility is defined in the current Zoning By -Laws as intended "for persons harboured or detained to receive medical, charitable or other care or treatment, and includes a dormitory or residence for a school, hospital or convent ..." Ms. Kliffer's letter did not give any information on the actual nature of the proposed group care facility. I obtained a copy of her report last Friday afternoon hoping that further details might be given but there was no indication therein of what type of group care was involved nor of how long and under what conditions a resident might be staying. If the proposed facility would involve residential stays of several days or more, we do not feel the Kierstead Road location is at all suitable. There are no sidewalks on Kierstead Road, and the present building has no space around it for recreational use, other than the parking lot itself. (Due to the strong water run -off coming down the hill, the ground within a few metres of the perimeter of the present paved area is usually deep mud and cannot be walked on.) Kierstead hill is steep, with a sharp curve at the site of the property, and traffic is relatively heavy. Residents with any significant mobility problems would basically be confined to the building due to safety concerns. The suggested reduced traffic flow really depends on the type of facility — if the residents had substantial medical problems they could require frequent trips to doctors or hospitals, and if they have families one would expect frequent visits from family members. The intent of PlanSJ to create complete well - integrated communities is commendable, but the Kierstead Road location is an odd little corner that would be relatively isolated from the rest of the residential community in the vicinity. The bus routes are not really close, and it is some distance to churches and other community resources. To conclude, we are not in favour of this proposal. We believe that the relative isolation of the site from community facilities, the traffic problems and lack of sidewalks on Kierstead Road, and the absence of recreational space around the building make this location unsuitable for a group care facility. Yours sincerely, Ronald M. Lees 657 -1941 179 %f� --�C Gc1 q- S /� /JC � rC1 � C F-' �//zG -= 7'/-✓� �G,,�r�N /.va viS ,7rG� GvA 7a _- Lc,t?,� �AoPo $ C—'� � �„�.r N � �'c c--5 � S v•U�ra ,qv� • � Sc � C- c1 �G -v.�c. •2,s � /-� G � � mac.. _"i U✓/�eSz� /cam / .—, e Ada /-C-t c.trlg5 �u�� -� 5C STS �5 i i1.�c�.rs3iz p 7T �'3 c,L.V v GC C,� /1 r� F�� 5^ C—�GS , � -L�'(= / •C�i S/� S�`/I�aa S rJ �� c �• —� c.votz(c ! �'-c" c,�r�} s � 7-V lkq k;L-- -7" G (vwsC.e . /`U4A10�o4K-) cvAs C( fit/ i(NA,b ,� �C� a� S C.t- SA-T�•t. �Lc.v o �l` ����E � ✓� 6 o Cc<fCS r12 c� 1 I A Pj 6iE �. �%�zoN 7a �`o j,�.0 /�•� tl cllczrrZ O K I �t� �l� f� S ! t S �) 4T` 7'6 ��-.L� �C —"2f U�.S �cD C! �En,� �,rUE�3 �"� �JP�F3 /Y�� V e� iti r►2C or � 180 �/l�ru w�j SAS ti f'- �Asl ( W A cvi' �91v9 �h /"UCH (6c, act In�SS,NS ( l c. C,v/jo Cu C- K #a�CC mew — t k,4 /41 l �� �? ff" y �C�'Q�1 �{i�S d �iJ �' �1Z/i�rXiG l •( "` �1 C`j� �/�i�1' 60)c- , .4",% b) �/Ji(., ! � �ijjtr/v t� � � � � � yr 5 o e, � m �►i.1 �' �� � o 7-11 6 Act Cow /ti6 v-� 0 181 .r' August 27, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Simms Corner I am requesting that Council permit scheduling of a presentation by Mr. Alan Benton, P.Eng. on the concept of a modern roundabout at Simms Corner. Motion: Refer to Common Clerk for scheduling. Respectfully Submitted, (Received via email) Greg Norton Councillor (Ward 1) City of Saint John li %V 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 EZL 4L1 182 August 31, 2012 His Worship Mayor Norton, Deputy Mayor and Councillors, Subject: Snow Removal on Red Head Road Motion: To Change the Red Head Road from a priority 3 to a priority 1 in the Winter Management Plan with regards to winter snow removal to take effect immediately and be changed and implemented by November 1st 2012. Currently the Red Head Road is a priority level 3, only 1 up from the lowest of 4, when snow falls and it needs to be removed. I feel that this is too low considering that Red Head Road is the only road that services this part of the city. I spoke to Mr. Rice regarding this and I asked him to give me examples of what a priority 1 street is and a priority 2. Mr. Rice told me that a Priority 1 street for example would be major arterial and emergency routes such as Loch Lomond Road and Somerset Street. A 2 level road would be major collector routes such as Douglas Avenue and Ellerdale Street. Red Head Road meets both the criteria for a level 1 and a level 2 yet it is currently a 3 under the Winter Management Plan. The Red Head Road is the only road that serves Red Head, it is the only route to get in or out until you reach the Hewitt Road which is a priority 1. The Hewitt Road is at the other end of Red Head and renders everyone who lives on the other side of it trapped when the Red Head Road is snow blocked. The Red Head Road is the main and only arterial for this part of the city, it is the emergency access route for Ambulance, Police and Fire because it is the only road there. Currently all Level 3 streets and roads under the current Winter Management Plan, if ploughed on time, have to wait up to 3 days after a storm to have bare pavement. Considering the Red Head Road is the main route into and out of Red Head this is too low and puts the safety of those who live there at risk not to mention makes it very difficult for them to get to work etc... on snow storm days. Please see the following link to learn more about the current Winter Management Plan: http: / /www. saintj ohn.ca/en/home /cityservices/ transportation / roadwaymaintenance /wintermanagementpla n/ snowplowroutes.aspx Respectfully submitted, Received via a -mail Councillor Ray Strowbridge SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 183 September 4th, 2012 Subject: Deputy Fire Chief Mayor Mel Norton and Members of Common Council: It has come to my attention during the past week that we, the City of Saint John, do not have a person designated as the Deputy Fire Chief. I find this to be quite inappropriate for a city of our size, and also that we have numerous heavy industries. Now we do have three Divisional Chiefs which each are in charge of separate areas in the city and four Platoon Leaders, however there is no one person designated to take control if our Fire Chief was unable to perform his duties. A Fire Chief does and has a great amount of knowledge, skills and information that he should be passing on to the Second in Command so if at any time whether it is a major disaster with residential, commercial or industrial the city will be prepared to move forward and protect the safety of all of our citizens at all times. certainly would not feel comfortable for this Council or our City Manager to promote a person to that position without the input of the Fire Chief. In all situations where the public is or could be at risk we need Leadership. I really do not believe that any Municipality across this country that has a Fire Department would have such an organization without a Second in Command. Motion: To direct the City Manager to arrange to start the process of hiring a Deputy Fire Chief from within the organization and that the position vacated by the successful candidate be filled in the appropriate manner. Respectfully submitted, Shirley McAlary (received via e-mail) Councillor lr - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 W Amlaty nfsalnt ]ohm September 4, 2012 His Worship Mayor Mel Norton, Deputy Rinehart And Councillors Subject: City of Bathurst and Committee System Your Worship, Deputy and Councillors, At the July 30, 2012 Council meeting Council passed a resolution directing the Clerk to contact the City of Bathurst to inquire as to why that City reverted back to the regular system of government after having adopted a standing committee form of government. I contacted the Bathurst Municipal Clerk who informed me that the City did change to a committee system, and then reverted back to the former system prior to 1987. She advised however, that there are no records, nor anyone still at the city who can shed any light on the reasons for this move. Respectfully submitted, Elizabeth Gormley Common Clerk 4�1 SAINT JOHN P.O. Box 1971 Saint ;chin, N5 +Car»dd E2L 4L1 I -Ammsa ntjohnxa I C.P. 1971 Saint Ishn, N.-B, Canada EA 4L1 185 lia-kEPORT TO COMMON M &C -2012 -226 August 30, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By -law Review: September Open House BACKGROUND: `:6. n city of Saint John Following the adoption of Plan SJ, the City's new Municipal Plan, planning staff have been working on the Zoning By -law Review. A review of a municipality's Zoning By -law following adoption of a Municipal Plan is a legislative requirement of the Community Planning Act. Staff have developed a draft framework for the proposed land use zones that will be presented to the Community at an Open House to be held on September 25th The Open House will take place from 4:00 -8:00 p.m. at St. Joachim's Roman Catholic Church on Loch Lomond Road. A presentation will be provided at 6:00 p.m. The format of the event will be an open house to enable participants to talk with Planning Staff and review project panels. These panels, presented in both official languages, will describe the intent of and permitted land uses in the proposed zones. Following the event, the information presented at the launch will be posted on the City's website. Input received from the Community will provide direction related to finalizing the land use zones and subsequent tasks focused on the development of other by -law standards. Common Council is encouraged to take part in the Open House other Public Engagement events over the course of the project. im M & C — 2012 — 226 - 2 - Septeinber N 2012 RECOMMENDATION: That Common Council receive and file this report. Respectfully submitted, i Fu Ken Forrest, MCIP, RPP Commissioner Planning and Development 'J. a 'c Woods CG Pmk A City Manager W1 0 187 -91WIM 000-4 Ll • • • im Q) CC �Q CAA E 0 N V m Q) L C. 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J CQ �U L E E 0 U [5 .C: a--j cn a� V N Q 0 fI3 to L cn N r_j fa L.L U 197 ca L 0 | w 0 ■� � � ON � L � ■� LLM 40=m% & $ � $ I �\ - ;�. fir ~ . \- � \. , I* ��\ K K • \ '', im �i � \ % LL < � � 0 ° k � k# ■ 0 � � ƒ / a & i 0 . e ' / w k k � � f � / o � � / \ / ■ « 2 ■ a 2 m 2 F 7 m ƒ 3 \ 2 « 2 CL LL I V k � � $ k I 7 � � 0 k _ ƒ E k @ 7 ® 3 « ® R c 2 CD § _ $ o t u k k f § a ■ -i u 2 2@ 2 ' c c § � ■ ■ : 2 c/f 3 O 2 CL 0 L s^ H1 4 . a� O ra ru LAau L a� .j O L E O O a� O a acc:a V O 0L a� Q O L O V V O cu V a fp 0 a�a a} a� O L a, co 199 a O N O CL O CL a� `o V C� O Ln cto a O Q 0 O 4-J O Q Q Al LA O a� E O O to OO CU to •- •E U O ul N � •- Q� Q � o 0. az - GL Or- m rML !r� fm cu no' E w ow CL w Ln H� N 0 N 1 N E v Qa cn Ln a) U L JZ- U U O co V ca E O Of _I_- U 0 Ln 200 0 oc O E O J O J lD 0 2 a_ 00 REPORT TO COMMON COUNCIL August 28, 2012 M &C2012 -222 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Manawagonish Road Truck Route The City of Saint John On August 13, 2012 Common Council resolved that: • for safety reasons, the City Manager investigate the historical and current designation of Manawagonish Road as a truck route, and • the City Manager be directed to examine the truck routes in Saint John and make recommendations to improve public safety. This staff report is in response to these resolutions. Manawagonish Road The western section of Manawagonish Road from Ocean Westway to Fairville Boulevard has historically been on a Truck Route designated in the City's Traffic By -Law. The eastern section of this road from Fairville Boulevard to Main Street West has not been on a Truck Route. The use of the western section Manawagonish Road as a Truck Route was discussed in a comprehensive "Saint John Throughway Access--and Truck Traffic Study" that was completed in 2002. This report followed and built on the last City of Saint John Transportation Study in 1999. The 2002 report noted Fairville Boulevard as being the main commercial /industrial destination of trucks using the Truck Route incorporating Manawagonish Road. The Highway 1 interchange at Catherwood / Bleury Street was noted as the alternative to Manawagonish Road for Fairville Boulevard truck access. Reconfiguration of the intersection between the Highway 1 eastbound off -ramp and Bleury Street to improve truckers' sight of approaching vehicles was suggested to enhance access to Fairville Boulevard. This infrastructure improvement, which was completed in 2004, appeared to be the only tangible roadblock to removing Manawagonish Road as part of a designated Truck Route. 201 M &C2012 -222 August 28, 2012 Page 2 Until January 1, 2011, approval to de- designate this western section of Manawagonish Road as a Truck Route required Provincial approval as portions of the road were part of Route 100. Although communications prior to 2011 between the City and Province about the status of Manawagonish Road occurred, de- designation did not result. This entire road became a municipal street in 2011 following the reconstruction of it under the Municipal Designated Highway Grant Program. Provincial approval is no longer required to de- designate Manawagonish Road as a Truck Route. Manawagonish Road continues to have a residential focus. Subdivisions continue to develop along the road. The recent reconstruction of the western section of the road included a design for bike lanes. Significant truck traffic does not align with this focus. It is important that Council and the neighbourhood are aware that trucks will always be present on Manawagonish Road; even if the street is de- designated as a Truck Route. Emergency vehicles and any truck with less than 7300 kg gross weight are exempt from Truck Route provisions in Saint John. For context an empty tandem dump truck is slightly more than 7300 kg. Trucks can also use a street not on a Truck Route permitted such a street is on the shortest and safest route between a Truck Route and the point of delivery. Staff concurs that this western section of Manawagonish Road should be de- designated as a Truck Route given the concerns of the neighbourhood, the residential focus of the road, the extensive study of this route in 2002, the alternate route to Fairville Boulevard via Highway 1, and the interchange improvement in 2004. City staff and the Saint John Police Force would jointly advise trucking companies of the de- designation should Common Council authorize it. Signage would be posted from Ocean Westway and Gault Road indicating the truck route as being Highway 1 instead of Manawagonish Road as well as an indication at the western end of Fairville Boulevard that the Truck Route no longer continues on Manawagonish Road. Review of Other Truck Routes in the City of Saint John Saint John contains an extensive network of Truck Routes and a full review of all these routes would be significant in terms of resources. Many routes were also analyzed in 2002, some significant changes between then and now have occurred. These include the pending completion of One Mile Interchange and the adoption of the new Municipal Plan which will impact how and where industrial and other properties will be developed in the future. An updated Transportation Strategic Plan is one post - Municipal Plan document that should be completed. This Plan would include a full review of Truck Routes in the City. 202 M &C2012 -222 August 28, 2012 Page 3 RECOMMENDATIONS Staff recommends that Common Council: 1. Direct the City Solicitor to put in proper translated form an Amendment to the City's Traffic By -Law that removes Manawagonish Road with limits Ocean Westway to Fairville Boulevard from Schedule K (Truck Routes), and 2. Direct Staff to examine of all remaining Truck Routes in the City of Saint John in conjunction with the preparation of an updated Transportation Strategic Plan. Respectfully submitted, (" 1 0, / Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Manager, Pedestrian & Traffic Services dEdwards, P. g. Commissioner, Transportation & Environment 203 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M & C 2012 -230 August 31, 2012 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: HIGHWAY USAGE PERMIT (HUP) TRANSFIELD DEXTER GATEWAY SERVICES LIMITED ROUTE 1 (EXIT 120/119) BACKGROUND The City of Saint john As part of the construction of Riverview Drive — Sanitary Lift Station #28, Force Main and Sewer (Harbour Clean -Up Project), the City will install a 100mm force main inside a 300mm steel casing under Route 1 near Riverview Drive. The administration and control of Route 1 has been delegated by New Brunswick Highway Corporation (NBHC) to Route 1 Gateway Project Company (RIG Project Co.) Ltd. and sub - delegated to Transfield Dexter Gateway Services Limited (Operator). A Highway Usage Permit (HUP) is required for infrastructure constructed within the limits of Route 1. The agreement is not unlike a railway crossing licence or an agreement to cross natural gas pipelines in that a permit holder, the City, is required to commit to a standard set of terms and conditions in return for the privilege of placing its infrastructure below Route 1. The HUP attached to this M &C is substantially the same as previous permits with NBHC in respect to its terms and conditions. The requirement for a security deposit and the fees are set by Regulation 2009 -506 under the New Brunswick Highway Corporation Act. The security deposit has been set at $10,000.00 and is held for three (3) years, the fee on issuing the HUP is $2,000.00 and the annual fee is $2,500.00. PURPOSE The purpose of this report is to present the agreement to Council for its consideration. 204 Page 2 INPUT FROM OTHERS The City Solicitor's Office has reviewed the agreement between New Brunswick Highway Corporation and RIG Project Co. together with the Order in Council 2010 -145 authorizing such agreement. As well, the City Solicitor's Office has reviewed the HUP with input from the City's Insurance Co- ordinator and the Commissioner of Finance whose input was sought in respect to the security deposit. RECOMMENDATION It is recommended that the City of Saint John enter into "Highway Usage Permit (HUP) 2012- 002 with Transfield Dexter Gateway Services Limited, in substantially the same fonn and contact as in the attached, and that the Mayor and Common Clerk execute the agreement. Respectfully submitted, ohn Campbell, P. Eng unicipal Engineer Wm. Edwards, P. ng. Commissioner Transportation and Environment 205 Sc Brian Keenan, P. Eng Engineering Manager J. Patrick Woods, CGA City Manager PURE D FNTRIE ^E L, G/ l EV AY PRQJECti HIGHWAY USAGE PERMIT — 2012 -002 THIS PERMIT issued in duplicate originals this of , 20 FROM: TRANSFIELD DEXTER GATEWAY SERVICES LIMITED a body corporate (hereinafter called the "Operator"): TO: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "Applicant'): WHEREAS the Minister of Transportation and Infrastructure (the "Minister") under and by virtue of the Highway Act, being Chapter H -5, R.S.N.B. 1973 (the "Highway Act') has the administration and control of highways in the Province of New Brunswick; AND WHEREAS the administration and control of Route 1 between St. Stephen and River Glade (the "Highway ") has been transferred to the New Brunswick Highway Corporation ( "NBHC ") by the Minister with the approval of the Lieutenant- Governor in Council; AND WHEREAS the Route 1 Gateway Project Company Ltd. (the "R1G Project Company ") is a delegate of NBHC; AND WHEREAS the Operator is a sub - delegate of NBHC and may, as such, issue highway usage permits (as that term is defined in the New Brunswick Highway Corporation Act) with the approval of R1 G Project Company in connection with the Highway; AND WHEREAS the Applicant has requested permission to install a 300mm diameter steel casing pipe by boring and jacking under the highway with a 100mm force main installed inside the casing at a depth of 2.Om under the road way, more particularly described in Part I of the Schedule, a copy of which is annexed hereto and marked as Appendix "A" (the "Construction "); AND WHEREAS the Construction shall be located on and underground on Route 1 between Exit 120 EB/WB and Exit 119 EB/WB which location is generally identified and described in the Table annexed hereto and marked as Appendix "B° (the "Approved Site ") and as more particularly described and shown in Appendix "B -1" and shown in red on the orthographic image annexed hereto and marked as Appendix "B -2 "; AND WHEREAS the Operator has, with the Approval of the R1G Project Company, agreed to issue to the Applicant a Highway Usage Permit ( "HUP ") upon the terms and conditions herein set forth which forms part of this HUP :r �� i l �. 206 )A ARTICLE 1 1. GENERAL 1.01 The Operator hereby authorizes the Applicant, subject to the terms and conditions herein contained, to enter upon and use the Approved Site on a non exclusive basis for the use and purposes of the Construction as described in Part 1 of Appendix "A" (the "Construction "). 1.02 The Applicant agrees to pay to the Operator for each year during the term of the HUP, the fees that are or may be established under Regulation 2009 -156 made under the New Brunswick Highway Corporation Act as may be amended and revised from time to time. 1.03 The Applicant shall pay a fee of two thousand dollars ($2,000.00) pursuant to Section 11 on the issuance of the Highway Usage Permit and in addition to any fees that may be imposed in accordance with subsection 1.02, the Applicant shall pay to the Operator upon execution and for each fiscal year thereafter, the fee prescribed under Section 10 (1) (c) (iii) of Regulation 2009 -156, a Regulation under the New Brunswick Highway Corporation Act, as a result of the 1 00m diameter force main, being installed underground on a Level I Highway. 1.04 The fees payable under this section are due and payable on the first day of April in each fiscal year and are to be made by certified cheque payable to the NBHC. Cheques are to be forwarded to the Operator as follows? Transfield Dexter Gateway Services Limited Attention- OMR Manager 39 Phaeton Drive PO Box 1036 Hampton, NB E5N 8H1 1.05 The Applicant acknowledges, and agrees that failure to pay the fees, within thirty days from receipt of the invoice for same, shall result in the termination of the HUP ARTICLE 2 2. CONSTRUCTION 2.01 The Applicant, its contractors, servants, agents, employees and workers, may, from time to time during the term hereof and at its own expense, perform Construction at the Approved Site. 2.02 The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards by all applicable federal and provincial statutes, as amended from time to time, and municipal by -laws and all regulations, orders, directives, permits and licenses in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets, insofar as same relates to the Construction, including, but not limited to, this HUP, the Highway Act, the New Brunswick Highway Corporation Act and all environmental and occupation health and safety laws. 2012 -002 207 t . Date: August 2012 2.03 The Applicant undertakes to submit all plans and specifications detailing location, timing, duration and method of installation of the Construction to the Operator prior ro the commencement of any Construction. The Applicant hereby agrees to not undertake or commence any Construction prior to receiving written approval from the Operator of the plans and specifications. The Operator undertakes to deal with the plans and specifications expeditiously. It is understood and agreed between the parties hereto that approval of the plans and specifications for any Construction to be carried out on the Approved Site does not in any way affect or alter the Applicant' responsibility for the design or implementation of the Construction and the Operator hereby specifically denies any such responsibility. 2.04 The Applicant agrees to complete and deliver to the Operator a final "as built" plan of the Construction at the Approved Site within three months of the completion of the Construction. 2.05 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 0 -0.2, R.S.N. B. 1973, including any regulations or orders made thereunder. 2.06 The Applicant shall during the period of Construction - (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the site where any of the Construction is taking place, and (ii) ensure that its employees comply with the Occupational Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.07 The Applicant shall, upon the request of the Operator, provide to the Operator within 7 days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of sections 2 05 and 2.06 hereof. 2.08 No material or equipment shall be deposited or stored on the Approved Site or the Highway without the prior written approval of the Operator. 2.09 All brush and /or debris resulting from the Construction and /or operation shall be disposed off the Approved Site and the Highway by the Applicant. 2.10 No Construction is to tale place during darkness or reduced visibility. 2.11 The Applicant shall give the Operator not less than three days notice of its intention to commence the Construction, and the Applicant shall not commence the Construction prior to receiving written approval from the Operator. 2.12 The Applicant shall ensure that it, its contractors, workers or agents abide by and will be bound by the terms and conditions of this HUP. 2.13 No construction shall disturb the asphaltic paved surface of the Highway without the prior written approval of the Operator 2012 -002 208 -. . Date: August 2012 ARTICLE 3 3. STANDARD OF CONSTRUCTION 3.01 (a) The Construction shall be performed by the Applicant in a good and workmanlike manner at its own expense. If, in the Operator's opinion, acting reasonably, the Construction is not being carried out in a good and workmanlike manner in accordance section 2.02 hereof and in accordance with the plans and specifications submitted pursuant to section 2.03 hereof and approved by the Operator, the Operator may advise the Applicant of the basis for its opinion and the Applicant will rectify any deficiencies in the Construction to the reasonable satisfaction of the Operator. The Applicant agrees to forthwith rectify and repair any deficiencies in the Construction to the reasonable satisfaction of the Operator. If the Applicant do not forthwith rectify and repair the deficiencies to the reasonable satisfaction of the Operator, the Operator may suspend performance of the Construction Oy giving written notice to that effect to the Applicant; such suspension shall be effective in the manner specified in the notice. It is understood and agreed between the parties that any request by the Operator for the Applicant to rectify deficiencies in the Construction or the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, regardless of the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred. It is further understood and agreed between the parties that failure of the Operator to give instructions in regards to the Construction does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise (b) Notwithstanding the provisions of paragraph 3..p'f(a) hereof, where the Operator is of the opinion that the Construction poses a hazard to the safety of any person using the Highway, the Operator may request that the Applicant take such action, as is necessary, in the opinion of the Operator, to alleviate the hazard Upon receiving such a request, the Applicant agrees to forthwith take the requested action at the cost of the Applicant. If the Applicant fails to take such action, the Operator may take such action as is necessary to alleviate the hazard. If the Operator is required to take action under this paragraph, the Applicant shall, upon demand, reimburse the Operator for all expenses reasonably incurred in connection therewith. Any request issued or action taken by the Operator under this paragraph, shall not give rise to any claim by the Applicant and any such claim is hereby specifically barred. It is further understood and agreed between the parties that failure of the Operator to issue a request or take action under this paragraph does not relieve the Applicant of any responsibilities and liabilities under this HUP or otherwise. 3.02 The Applicant shall use every reasonable effort to ensure, where practical, that: a) all Construction is performed in a manner that causes no damage to the Approved Site or the Highway; b) thru traffic flow is maintained on the Highway during all Construction according to the Department of Transportation Work Area Traffic Control Manual, as amended from time to time, the receipt of which the Applicant acknowledges; 2012 -002 209 jA 1V Date: August 2012` n - n -4:11 c) the Construction does not interfere with or obstruct the Highway or traffic thereon except, with the prior written approval of the Operator, as may be reasonably necessary or required during actual periods of construction; and d) the Construction does not alter or interfere with the drainage pattern of the Highway or any property that is adjacent to or downstream to the Highway. 3.03 Notwithstanding paragraphs 3.01(a) and 3.01(b) hereof, if, in the opinion of the Operator, the Construction or maintenance activities of the Applicant cause or result in disturbance to the asphaltic surface of the Highway or otherwise cause damage to the Highway, including the area within the right -of -way, The Operator may, (but shall not be required to) in addition to and without prejudice to its other rights and remedies available hereunder, undertake and complete such repairs and /or remedial work (including the removal and replacement of any improvements and structures installed under the authority of the HUP) as the Operator considers appropriate, acting reasonably. All such repairs and /or remedial work including all costs incurred to deal with any emergency situation resulting from performing the Construction shall be at the sole cost and expense of the Applicant and the Applicant covenants to forthwith pay to the Operator, on demand, all costs and expenses, direct or indirect, incurred by the Operator in attending thereto together with interest thereon from the date any such expense is incurred to an including the date payment at the Average Prime rate plus three percent (3 %) per annum, calculated daily not in advance. It is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise to any claim by the Applicant against the Operator, NBHC or the Province regardless of the reasonableness of the Operator's opinion, and any such claim is hereby specifically barred 3.04 If, in the opinion of NBHC, in Its sole and absolute discretion, it is not expedient to remedy any damage to the Highway, including any portion of the right -of -way and /or disturbance to the asphaltic sutfa.ce of the Highway, NBHC may require the Applicant to pay and amount equal to the costs which, in the reasonable estimation of NBHC, would be incurred by NBHC to complete the repairs and /or the remedial work necessary to repair the highway, the right -of -way and /or the asphaltic surface of the Highway to the standard satisfactory to NBHC. NBHC's determination of this amount shall be final and binding for all purposes of the HUP. It is understood and agreed between the parties that the invocation of the authority granted by this paragraph shall not give rise: to any claim by the Applicant against NBHC, regardless of the reasonableness of NBHC's opinion, and any such claim is hereby specifically barred, 3.05 The Applicant shall provide to NBHC, at the time of the execution of this HUP, a cash security deposit in the amount of ten thousand dollars ($10,000.00) for the purpose of Articles 3 and 4 to be held by NBHC, on a without interest basis. NBHC may use portions, or all of the security for the purposes of ensuring that the Applicant meets its obligations herein contained. At the end of the 3 years from the date of commencement of Construction, NBHC shall return to the Applicant that portion of the security that remains unused, without interest thereon. 3.06 The Applicant agree that if any contamination should be encountered, on, in, under or around the property administered by the Operator: (i) all work will cease immediately in that area, and 2012 -002 210 Date: August 2012 -_� -z, (ii) the Operator will be immediately advised of the said contamination in order for the Operator to assess the situation. 3.07 If the Applicant fails to abide by section 3.06 and contamination is later determined to have been present, the Operator and /or the NBHC, the Crown, the Operator and/ or the NBHC shall not be responsible for the resulting deterioration, damage or remediation. ARTICLE 4 4. REPAIRS TO THE APPROVED SITE 4.01 Upon completion of any Construction and/or Operation. the Applicant shall, at their expense and so far as is practical, restore, repair and landscape the Approved Site to the extent necessary to restore the Approved Site to at least the condition existing prior to the commencement of such Construction and /or Operation in a manner satisfactory to the Operator. 4.02 All repairs to the Approved Site, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Site and /or Highway where the Construction is located, occasioned by subsidence or eroston or slope washout or caused by the Construction or existence of the Construction, at the request and to the reasonable satisfaction of the Operator, shall be the responsibility of the Applicant for the entire period that the Construction remains on the Approved Site or Highway The Applicant shall give 72 hours notice, where possible, of any future maintenance or repairs to this Construction or surrounding area. Traffic control. if necessary, shall be the responsibility of the Applicant and shall be performed in compliance with the provisions set out in Section 3.02 hereof. 4.03 If the Operator is required to made any repairs to the Approved Site or the Highway or have to clean the highway of debris, as a resuft of the Construction by the Applicant, the Applicant shall, upon demand, reimburse the Operator for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Operator shall first give the Applicant written notice of any situation necessitating the use of the power conferred under this section and allow the Applicant a reasonable opportunity to forthwith proceed to diligently repair the same. ARTICLE 5 5. LIABILITY AND INDEMNITY 5.01 The Crown or NBHC shall not be responsible for any damage to the construction of the Approved Site, from any cause whatsoever other than damage resulting from the gross negligence or willful misconduct the Crown or NBHC and their respective officers, employees and agents. 2012 -002 211 Date; Augu A201 5.02 The Applicant hereby agree to indemnify and save harmless NBHC, Her Majesty the Queen in Right of the Province of New Brunswick and any and all departments, ministries, agencies, boards, commissions and /or corporations thereof (hereinafter referred to as the "Crown "), NBHC, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants, from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction on the Approved Site, or the operations of the Applicant or of its employees, agents, contractors or subcontractors. 5.03 The Applicant shall promptly pay compensation to the Operator for all damages suffered by the Operator as a result of the Construction, operation and /or, or repair activities of the Applicant. 5.04 The Crown and NBHC, all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants shall not be responsible for any damages suffered by the Applicant as a result of the Construction from any cause whatsoever or arising from the operations, maintenance or repair activities of the Applicant. ARTICLE 6 6. INSURANCE 6.01 The Applicant, at their own expense, shall purchase and maintain in full force during the term of this HUP and any extensions or renewals thereof general liability insurance in form and content acceptable to the Operator, NBHC and the R1G Project Company acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Operator, Crown, NBHC and R1 G Project Company all of their permitted successors and assigns, and their respective shareholders directors, officers, legislators, employees, agents and servants. 6.02 Such insurance shall provide coverage for property damage to the Approved Site and the Highway, including loss of use thereof, and shall protect the Crown, NBHC, all of their permitted successors and assigns and their respective shareholders, directors, officers, legislators, employees, agents and servants from all claims arising out of liability for property damage, bodily Rnjury (including death) and personal injury arising out of the Construction, maintenance or ansing from the use of the Approved Site under this HUP. 6.03 This liability insurance shall provide for, but not be limited to: 0) a $10.0 million limit of liability per occurrence; (ii) Sudden & Accidental Pollution coverage for all insured perils; (iii) broad form occurrence property damage (including coverage for loss of use without property damage); (iv) cross liability and separation of interest with respect to each Additional Insured; (v) the Crown, NBHC, Route 1 Gateway Project Company Ltd. ( "R1G Project Company ") all of their permitted successors and assigns, and all of their respective shareholders, directors, officers, legislators, employees, agents and servants to be included as m 2012 -002 212 Date: August 201 Additional Insureds with respect to liabilities arising as a result of the Construction, Operation and Maintenance of the Approved Site or out of the construction or out of occupancy of or operations in connection with this HUP; (vi) breach of any of the terms and conditions of the policy, or any negligence or wilful act or omission or false representation by any other Insured or any other person, shall not invalidate the insurance with respect to the Crown, NBHC, R1 G Project Company, any of their permitted successors and assigns, and any of their respective shareholders, directors, officers, legislators, employees, agents and servants required to be included as Insureds. 6.04 At all times during the term of this HUP, all insurance policies shall be issued by financially sound insurers licensed to carry on business in Canada or in one or more of the provinces or territories in Canada. All policies shall contain a claue providing that Insurers shall not cancel or materially change the policy until sixty (60) days prior to written notice has been provided to the Operator and NBHC. 6.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance to provide any insurance required by this HUP, the Applicant shall provide ninety (90) days prior written notice to the Operator and NBHC of the program structure and participants with sufficient information to permit the NBHC to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut - through" endorsement to captive reinsurers) to ensure continued, adequate protection for the Crown, NBHC, R1G Project Company their ,permitted successors and assigns, and their respective shareholders, directors, officers, Iegisla. employees, agents and servants required to be included as Insureds. 6.06 Certified true copies of all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Operator, shall be delivered to the Operator prior to any Construction. Certificates of insurance, or other documentation in form and content acceptable to the Operator, evidencing any renewal of these insurance policies or any replacement insurances, shall be delivered to the Operator not later than fifteen (15) days prior to the expiration of existing policies. Certified true copies of all renewal or replacement policies shall be delivered not later than ten (10) business days after a written request from the Operator. X 6.07 If any contractor or subcontractor hired by the Applicant, or conducting any operations or Construction in connection with this HUP on behalf of the Applicant, is not insured under the general liability insurance required to be purchased and maintained by the Applicant, the contractor or subcontractor shall purchase and maintain in full force during the term of its operations general liability insurance, in form and content acceptable to the Operator and NBHC, that meets all the coverage and administrative requirements set out in this Article 6. 6.08 The Operator, NBHC, R1G Project Company and the Crown shall not be responsible for any damage to the Applicant or their work, from any cause whatsoever, other than resulting from gross negligence or wilful misconduct of the Operator, NBHC and the Crown and their respective officers, employees or agents. 2012 -002 213 Date: August 2012 -- o -c, -. ARTICLE 7 7. MAINTENANCE AND REPAIR OF WORK OR UNDERTAKING INSTALLED 7.01 Following completion of Construction, the Applicant may, during the term of the HUP and upon providing Notice to the Operator, enter upon the Approved Site for the purpose of maintaining, inspecting, repairing or removing any work appurtenances, attachments, apparatus and equipment (hereinafter referred to in Sections 7.02, and 7.04 as the "work or undertaking ") belonging to the Applicant. 7.02 In performing the maintenance or repair of the work or undertaking as provided for Under Paragraph 7.01, the Applicant will comply with the terms and conditions set out under Articles 2, 3 and 4, making the necessary modifications when necessary. 7.03 In exercising a right granted by this HUP, the Applicant, their agents, servants or anyone acting on its behalf shall be liable to the Operator for all damage caused to the Approved Site and any other property damaged and shall make full compensation for all damage caused or arising while carrying out the activities. 7.04 After Construction and prior to operating the work or undertaking, the Applicant shall file a Certificate of Insurance with the Operator that verifies that it is insured against any liability that it may incur in operating, inspecting, maintaining or repairing the work or undertaking located in, on, along, above or under the Approved Site by an insurance company licensed to do business in the Province of New Brunswick which insurance coverage shall be of a type or class and in an amount approved by the Operator and NBHC 7.05 In the event the Highway is realigned and that portion of the Highway in the area where the Construction or any appurtenances, attachments, apparatus and equipment associated therewith are located, no longer forms part of the Highway, the Applicant shall forthwith remove the same upon notice from the Operator (the "Abandoned Section "). 7.06 The materials including the Construction on the Abandoned Section shall be removed at the sole expense of the Applicant. The Applicant shall remove the same and remedy and rehabilitate that former portion of the Abandoned Section to the satisfaction of the Operator. Any such work done by the Applicant shall be carried out completely at the expense of the Applicant. 7.07 The Applicant shall have the full right and permission where necessary to enter into the Abandoned Section with people, machinery and material for the purpose of carrying out such obligations however any damage to the same thereby occasioned and where required paying compensation for the damages to the Operator arising from such entry. Any such work done by the Applicant pursuant to this provision is to be carried out completely at the expense of the Applicant and the condition of the area returned to the same condition as it existed prior to entry. tA�11 2012 -002 214 Date: august 2012 7.08 The Operator shall use all best efforts to cooperate with the Applicant to obtain such further Highway Usage Permits as may be required to permit the Applicant to reinstall the Construction and or any appurtenances, attachments, apparatus and equipment associated therewith in a prompt manner. ARTICLE 8 8 TERMINATION 8.01 This HUP shall terminate: to (a) on the 30 day of June 2039; or (b) at the option of the Operator, upon written 30 Business Days notice to the Applicant: (i) if the Approved Site is used for any purpose other than the Construction; (ii) in the event the Applicant shall not have commenced the Construction on the Approved Site within 6 months from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; or (iii) if the Applicant defaults in observing or performing its obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Operator by way of written notice thereof, the Operator may at its stele discretion and without recourse by the Applicant terminate this HUP, (c) at any time, in the sole and absolute +dmcretion of R1 G Project Company. but the obligations of the Applicant under this HUP shall survive such cessation and determination of such permission. If this HUP is terminated pursuant to subparagraph 8 01(b), the rights hereby granted shall thereupon immediately terminate without further .act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Apphcant agrees to execute and file such documents as may be necessary to confirm or to give public notice of such termination. 8.02 The Operator, the Crown. NBHC and R1G Project Company shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 8.03 In the event the Applicant elects to terminate this HUP, it shall so advise the Operator in writing which notice shall terminate this HUP. 8.04 Upon termination of this HUP pursuant to sections 8.01 and 8.03, the Applicant shall thereafter have the obligation hereunder to forthwith undertake and complete all the terms and conditions which the Operator in its sole discretion considers appropriate to fulfill the Applicant' obligations under this HUP and to restore the Approved Site, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to this provision shall be carried out completely at the expense of the Applicant. 2012 -002 215 pate; August 2012 8.05 Notwithstanding any provision of the HUP, the Operator or NBHC may, in their sole and absolute discretion, cancel, terminate or reinstate this HUP in accordance with such conditions as the Operator and/or NBHC directs. ARTICLE 9 9. NATURE OF HUP 9.01 (a) The Applicant's right to enter the Approved Site for the purpose of the Construction pursuant to this HUP is as a mere licensee. This HUP does not grantor convey to the Applicant any title or other interest in or in respect to the Approved Site or th-e Highway. (b) Notwithstanding Paragraph (a), any force mailin constructed by the Applicant together with all works, appurtenances, attachments, apparatus, appliances. markers, fixtures and equipment shall be deemed to be or remain the property of the Applicant, even though the same may have become affixed to the Approved Site. 9.02 It is understood and agreed that with respect to any plans, including the plans specified in sections 2.03 and 2.04 to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property. the Operator does not, in any way, represent or warrant to the Applicant that the Approved Site is located as shown on the said plans or that the Operator owns or controls all or any portion of the right -of -way shown. The location of the Approved Site is determined by the Applicant at their sole risk and the Construction is undertaken thereon solely al the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Site, it shall examine such title and ownership at its own expense and the Operator and /or NBHC shall not be required to produce any abstract of ti tle. title deeds or copies thereof or any evidence of title other than those in possession of the Operator and /or NBHC. 9.03 This HUP is non - exclusive. The Operator hereby reserves the right to grant permission to other persons to use the Approved Site for whatever purpose the Operator deems appropriate provided, always, that the Operator shall not permit any other person to use the Approved Site for any such purpose, in the opinion of the Operator if such use or any construction of other work in connection therewith would in any way interfere with the Applicant's use thereof. 9.04 This HUP, and any right conveyed herein by the Operator to the Applicant, is subject to any other agreement, permission or right previously entered into or granted by the Operator to any other persons or corporations to use the Approved Site. The Applicant hereby agrees not to damage or in any way interfere with any other person's use and enjoyment of the Approved Site. The Applicant further agrees to reimburse any person for the costs of any damages to their plant or equipment located on the Approved Site arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 9.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said 2012 -002 216 Rate: August 212� g provision is found to be void, voidable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUP, and all other provisions shall remain in full force and effect. 9.06 This HUP in no way affects or binds any other operator, government, department, agency or Crown Corporation of the Province of New Brunswick. ARTICLE 10 10. NOTICE 10.01 Notice, direction or other instrument required or permitted to be given to the Operator hereunder shall be in writing and delivered personally or by courser or sent by facsimile to the Operator at: Transfield Dexter Gateway Services Ltd. 39 Phaeton Drive PO Box 1036 HamptoA,Y NB E5N 8H1 Facsimile (506) 832 -3408 or to such other address or fax number as the OpembDr. may from time to time designate in writing to the Applicant Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and delivered personally or by courier or sent by facsimile to the Applicant at: The City of Saint John, NB 15 Market Square PO Box 197 Saint John, NB E211- 4L1 Attention: Common Clerk 506.674.4214 or to such other address or fax number as either of the Applicant may from time to time designate in writing to the Operator. 10.02 Any notice, director or other instrument aforesaid, if delivered personally or by courier, shall be deemed to have been sent and received on the date on which it was delivered or, if faxed, shall be deemed to have been sent and received on the day on which transmission is confirmed. If such day is not a Business Day or if the notice shall be deemed to have been sent and received on the next Business Day. 2012 -002 217 Date: August 2012 Il--- 11 -4 X19 10.03 For purpose of this Article, "Business Day" means any day which is not: i) a Saturday or a Sunday, or ii) a day observed as a holiday under the laws of the Province of New Brunswick. ARTICLE 11 11. NEW BRUNSWICK LAWS OR REGULATIONS 11.01 This HUP will be interpreted according to the Laws and Regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provisions of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect- 11.02 The New Brunswick Highway Corporation Act, Regulations made there under, the Highway Act and Regulations made there under, as each may be amended from time to time, and any Act or Regulations made in substitution thereof apply to this HUP and the Applicant agree to be bound thereby. ARTICLE 12 12. SINGULAR - PLURAL 12.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. ARTICLE 13 BINDING EFFECT 13. 13.01 This HUP: and everything herein contained, shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be constructed as permitting any assignment by the Applicant not authorized by this HUP. ARTICLE 14 14. ASSIGNMENT 14.01 This HUP, and the permission granted hereby, shall not be assigned by the Applicant without the prior written consent of the Operator and NBHC. 1t 2012 -002 218 Date: August 2012 ARTICLE 15 15 NON - WAIVER 15.01 Failure by the Operator to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Operator to require or insist that an action be taken according to the terms of this HUP. ARTICLE 16 16 AMENDMENTS 16.01 If at any time during the continuance of this HUP, the parties deem it necessary or expedient to make any alteration or additions to this HUP they inay do so by means of a written notice to the Applicant which shall be supplemental to and form part of this HUP ARTICLE 17 17. TIME 17.01 Time is of the essence of this HUP ARTICLE 18 18. INTERPRETATION L.' 7 18.01 Terms used herein and not otherwise defined, which are defined in the New Brunswick Highway Corporation Act and regulations thereunder shall have the meaning ascribed to them therein. �A 2012 -002 219 Date: August 2012 9V „_.....__. , ,. -Z — IN WITNESS WHEREOF the parties hereto have duly executed this Highway Usage Permit at the Town of Hamoton, in the County of Kings and Province of New Brunswick, on the date shown above. SIGNED, SEALED & DELIVERED in the presence of: Witness TRANSFIELD DEXTER GATEWAY SERVICES LTD. in the right of the Province of New Brunswick as represented by: M. Kenny, P. Eng OMR Manager Transfield Dexter Gateway Services Limited. THE CITY OF SAINT JOHN Mel Norton Mayor, City of Saint John Common Clerk Common Council Resolution: 2012 -002 220 bate: August 2012 Appendix "A" PART The Construction The City of Saint John requires the installation of a 100mm diameter force main pipe from a lift station at the end of Riverview Drive in Saint John crossing the Route 1 to discharge into a gravity sewer and conveyed to the Lancaster Wastewater Treatment Plant Facility. The 100mm diameter force main will be installed via a 300mm diameter steel casing pipe bored and jacked two (2) metres under the roadway from one boring pit to another. Please see attached drawing for design details, Appendix -B -1" PART II The Approved Site Please see attached map, Appendix "B" Appendix "13-1 "and Appendix "B -2" for location. 2012 -002 221 Date: August 2012 Highway/Location Type/Classifica Lion Description Method of Construction , Permit Number Route 1 — b/w Exit 120 EBNVB Level 1 Installation of Bore & Jack R1 G 2012-002 & Exit 119 EB/WB 100mm force main See Appendix "A-1" for visual locations 2012-002 Revision: 1 222 Date: August 2012 Page 17 of 17 P APPENDIX "A-1" H UP Application 2012-002 GeoNB 100mm Force Main hftD://www.snb.r—a/aec)nb 4v all + X I AM N A ter v Scale 1 Itchelle - 1:3572 Date: 2012-8-1 Printed By lmpHrn6 par: Ithis , m ' I be free from error or omission, care has been taken to ensure the best possible Mbme all colts carte West pout -hire pas libre de toule erreur ou omission, touter les pr4cautons ont &A While q..' I Th,.r,.-2P"1 a graphical representation of natural and man made features which approximates the prises pour on assurer Is mailleure quallt6 possible. Ceft carte art une reprisenilation graphipUe 'fig '. . I nd location of the features. This map is not Intended to be used for legal descriptions d'dldm 'nts natureis. u artifidels at donne soulement une approximation do Is faille, do Is configuration at a 0 or to calculate exact dimensions or area. SNB makes no representations or warranties, either expressed de I'endrolt de ces 616ments. Ella Wags pour but d'6tre utilisdo pour les descriptions jurldilues ou Is or implied, as to the accuracy of the information presented and the client assumes the entire risk as to the calcul des dimensions ou do Is sups cle exacts. SNB Wolfre aucune garantle explicite ou mplielte quan use of any or all information. h 1'exactitude de linformation pr6serift lea clients acceptant pleinement les r1sques lids A l'utillsetion d'une partle ou do I'ansemble do cerLte information. 223 i 1 •�i lm�s=6..uA� � N; � >Td 7d� = 2 3 n JE zo ire 2i peal p gg z 11 N ! iItF ED °€ I X\ ' v Of A a i # OR � y 224 n�� - PON S� lit° 10h] J1, I All ? ° I X\ ' v Of A a i # OR � y 224 n�� - PON S� I X\ ' v Of A a i # OR � y 224 n�� - REPORT TO COMMON COUNCIL M &C 2012 -225 August 30, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Nick Nicolle Community Centre Revitalization Phase 2 — Professional Consulting Services Engagement BACKGROUND One of Common Council's goals is that "we have revitalized neighbourhoods that are safe, vibrant, and attractive, with a priority to "improve access to and investment in recreational opportunities at Community Centres and Parks ". l Y 0 Me Cuy of Saint Inbn Common Council recognized the state of the Nick Nicolle Community Centre (formerly known as the North End Community Centre) and, in 2010, directed city staff to engage professional consultants to complete the necessary studies to determine the existing condition of the facility and what steps need to be taken in order to make this facility safe, barrier -free accessible, building code complaint, user friendly, suitable for the needs of the public, and welcoming to the community. In 2010, the City of Saint John Facility Management Division engaged Stantec Consulting to complete a physical condition assessment of the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital costs were identified in this study. Following this study, the community was engaged in two separate public consultation sessions that were held in February and June of 2010. Based on feedback from the community during these sessions, accessibility, safety, way - finding /identity, healthy environment, and flexibility of space /programming were identified as things that needed improvement in the facility. These themes translated into physical building elements such as an elevator, barrier -free washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior gathering space, and much more. 225 Report to Common Council Nick Nicolle Community Centre Revitalization Phase 2 Page 2 of 5 Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows: Phase 1(2011): Building Additions ■ Lobby addition ■ Elevator ■ Stairwell addition Estimated Construction Cost -Phase 1 ................................................................. ............................... ....$872,000 Phase 2 (2012): Interior Modifications, Mechanical /Electrical, Life Safety ■ Interior modifications ■ M &E upgrades ■ Life safety Estimated Construction Cost -Phase 2 ........................................................ ............................... .....................$1,278,000 Phase 3 (2013): Exterior Cladding & Glazing ■ Window replacements ■ Install new windows ■ Replace roof ■ Cladding Estimated Construction Cost - Phase 3 ............................. Phase 4 (2014): Site Work ■ Plaza ■ Stage and movie screen Terraces and sidewalks ■ Trail and landscaping ■ Playground ■ Parking lot Estimated Construction Cost - Phase 4 ............................. GrandTotal .............................................................................................. ............................... In October 2010, Common Council resolved: ...................... $350,000 ...................... $470,000 ............. $2,970,000 "that as recommended by the City Manager in the submitted report M &C 2010 -357: Revitalization of the North End Community Center (NECC), Common Council: 1) Adopt the Stantec Consulting and ADI Limited Studies and refer the North End Community Centre Revitalization project to the capital budget process for consideration of this four phased approach; and 2) Engage ADI Limited in the amount of $136,337.20 plus HST to complete the detailed design of Phase 1 of this project with the objective of commencing Phase 1 of the construction in May of 2011." Due to some unforeseen property issues that have only recently been resolved, Phase 1 of construction was delayed until now, with the project only recently being tendered and construction slated for September 2012 through February 2013. A construction budget of $891,300 for Phase 1 of the revitalization project was approved by Common Council as a 226 Report to Common Council Page 3 of 5 Nick Nicolle Community Centre Revitalization Phase 2 carryover amount from 2011 during the 2012 capital budget process. Construction Phases 2, 3, and 4 are proposed for 2013, 2014, and 2015 respectively. ANALYSIS Investment into the future of the Nick Nicolle Community Centre is a tangible demonstration of the City of Saint John's confidence in the vitality and long term viability of the North End as a sustainable community. In order to continue the momentum of the proposed revitalization of the Nick Nicolle Community Centre, the next step will be to engage a professional consultant to develop the detailed design for Phase 2 of this project. The community engagement process as well as the design work associated with Phase 1 of this project was completed by exp Architects Inc. (formerly ADI Limited). It would be inefficient from a practical and cost standpoint to have design consulting services for Phase 2 and future phases of this project completed by another firm who is not familiar with the project. As such, staff recommends that exp Architects Inc. be directly engaged to undertake the design of Phase 2 of the project. Base building drawings and information gathered during "pre- design" work completed by exp Architects Inc. would not have to be regenerated as a result this direct engagement, and a cost savings will be realized by the City of Saint John. From the standpoint of public procurement, Section 5.11 (Non- Competitive Purchases — Sole Source) of the City of Saint John's Policy for the Procurement of Goods, Services, and Construction provides for: " a) The requirement for competitive Bid Solicitation for Goods, Services and Construction may be waived under the authority of the City Manager or Common Council and replaced with negotiations by the Division Manager and Materials Management under the following circumstances: iv, in any of the circumstances listed as exemptions to competitive public purchasing in Regulation 94 -157 under the Public Purchasing Act." Furthermore, Article 27 of the New Brunswick Regulation 94 -157 under the Public Purchasing Act reads: "Services that may, by legislation, be provided only by any of the following professionals are exempt from the application of the Act: (a) engineers, (j) architects." As indicated by the excerpts above, Common Council has the authority to allow the Division Manager and Materials Management to negotiate and direct engage (i.e. sole source) the services of an engineer and /or architect, without adhering to a competitive bidding process if it deems it beneficial to do so in a particular circumstance. Again, for the reasons mentioned above, staff recommends that exp Architects Inc. be directly engaged to undertake the design of Phase 2 of the project. Construction of Phase 2 is proposed for 2013, and the associated budgetary costs will be submitted for consideration during the 2013 Capital Budget deliberations. As previously mentioned, construction of Phases 3 and 4 of the proposed revitalization of the Nick Nicolle Community Centre are proposed for 2014 and 2015 respectively. Since we are two years away from these phases of the project, and 227 Report to Common Council Page 4 of 5 Nick Nicolle Community Centre Revitalization Phase 2 due to the sometimes volatile and unpredictable nature of construction costs, staff is not in a position to recommend a consultant to complete the associated design work with Phases 3 and 4. FINANCIAL CONSIDERATIONS Based on an estimated construction budget of $1,278,000 for Phase 2 of the revitalization of the Nick Nicolle Community Centre, the professional fees proposed by exp Architects Inc. for design, tendering, and construction contract administration and site review services are summarized as follows: Professional Fees: 14.75% of estimated construction cost, totaling $188,505.00 plus HST Internal Expenses: 6.00% of estimated construction cost, totaling $76,680.00 plus HST Total: $265,185.00 plus HST = $299,659.05 ($274,277.67 factoring in HST rebate) Staff of the Facility Management Division have reviewed the proposed fees, and believe that they are appropriate for the scope of the project given that it is the renovation of an existing building, there is limited information (e.g. drawings) on the as -built conditions, and will involve a unique design approach to deal with current building code requirements applied to an older building. In fact, the proposed fees are actually lower than that recommended in "A Guide to Determining Appropriate Fees for the Services of an Architect" as published by The Royal Architectural Institute of Canada. As mentioned, exp Architects Inc. were involved in earlier phases of the work, so some level of efficiency is expected. Common Council approved $235,000 for the design work associated with Phase 2 of the revitalization of the Nick Nicolle Community Centre in the 2012 capital budget. Unrelated to this project, Common Council also approved $150,000 for design services for the renewal of the masonry of the Tower of the Saint John City Market. Fees for the design services associated with this project are significantly under budget due to efficiencies gained by the consultant via the completion of another project at the City Market in spring of 2012. Final design fees for the renewal of the masonry of the Tower of the City Market are estimated to be less than $55,000, which puts the City of Saint John $95,000 under the approved budget. Staff has recommended that $52,400 of this amount be reallocated to cover additional costs over and above the budgeted amount for the construction of Phase 1 of the Nick Nicolle Community Centre Revitalization (refer to M &C 2012 -224: Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 1). Accounting for these amounts, $42,600 is available from the original $150,000 to be partially reallocated from the City Market to Phase 2 of the revitalization of the Nick Nicolle Community Centre. For the information of Common Council, if this and future phases of the design work associated with the proposed revitalization of the Nick Nicolle Community Centre were directly awarded to exp Architects Inc., the total professional fees are estimated to be in the range of $585,000 plus HST, including Phases 1 through 4. This figure is based on the costs associated with Phases 1 and 2 plus the estimated fees for Phases 3 and 4 (i.e. assumed 20.75% of estimated construction costs plus 3% inflation per year). INPUT FROM OTHER SOURCES Input from both the Materials Management and Legal Departments of the City of Saint John were solicited during the preparation of this report, and staff support the recommendations contained herein. 228 Report to Common Council Page 5 of 5 Nick Nicolle Community Centre Revitalization Phase 2 Your City Manager recommends: 1) That Common Council reallocate $40,000 of the previously approved $150,000 within the 2012 capital budget from the Saint John City Market Masonry Renewal project to the Nick Nicolle Community Centre Revitalization — Phase 2; 2) That the City direct engage exp Architects Inc. at the cost of $265,185.00 plus HST to complete the detailed design of Phase 2 of the revitalization of the Nick Nicolle Community Centre; and 3) That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Trevor Gamblin, M.Sc.E P.Eng. Manager, Facility M Bement Gregory J. eo ans, CGA, MBA Commisgioriffir, Finance and Administrative Services V-r . `f ratrick Woods, CGA ,City Manager 229 SUBJECT Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 1 ' N►i�3l1!!� In 2010, Common Council directed city staff to complete a condition assessment of the Nick Nicolle Community Centre (formerly the North End Community Centre), as well as determine what steps need to be taken in order to make this facility safe, barrier -free accessible, building code complaint, user friendly, suitable for the needs of the public, and welcoming to the community. As such, the City of Saint John Facility Management Division engaged Stantec Consulting to complete a physical condition assessment of the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital cost requirements were identified in this study. Following this study, the community was engaged in two separate public consultation sessions that were held in February and June of 2010. Based on feedback from the community during these sessions, accessibility, safety, way - finding /identity, healthy environment, and flexibility of space /programming were identified as things that needed improvement in the facility. These themes translated into physical building elements such as an elevator, barrier -free washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior gathering space, and much more. Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows: Phase 1 (2011): Building Additions ■ Lobby addition ■ Elevator ■ Stairwell addition Estimated Construction Cost — Phase 1 ......................................................... ............................... ....................... $872,000 230 M &C 2012 -224 August 30, 2012 1.,( b.� His Worship Mel Norton R And Members of Common Council Th'- City of Saml ?Qtm Your Worship and Councillors: SUBJECT Nick Nicolle Community Centre Revitalization — Recommendation for Award of Construction Contract for Phase 1 ' N►i�3l1!!� In 2010, Common Council directed city staff to complete a condition assessment of the Nick Nicolle Community Centre (formerly the North End Community Centre), as well as determine what steps need to be taken in order to make this facility safe, barrier -free accessible, building code complaint, user friendly, suitable for the needs of the public, and welcoming to the community. As such, the City of Saint John Facility Management Division engaged Stantec Consulting to complete a physical condition assessment of the Nick Nicolle Community Centre (NNCC). Approximately $1,600,000 in capital cost requirements were identified in this study. Following this study, the community was engaged in two separate public consultation sessions that were held in February and June of 2010. Based on feedback from the community during these sessions, accessibility, safety, way - finding /identity, healthy environment, and flexibility of space /programming were identified as things that needed improvement in the facility. These themes translated into physical building elements such as an elevator, barrier -free washrooms, improved signage, ventilation upgrades, natural lighting, moveable partitions, exterior gathering space, and much more. Using the insight gained from the physical assessment and community engagement process, a four (4) phased approach to the proposed revitalization project was developed in October of 2010 and presented to Common Council as follows: Phase 1 (2011): Building Additions ■ Lobby addition ■ Elevator ■ Stairwell addition Estimated Construction Cost — Phase 1 ......................................................... ............................... ....................... $872,000 230 Report to Common Council Page 2 of 4 Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1 Phase 2 (2012): Interior Modifications, Mechanical /Electrical, Life Safety ■ Interior modifications ■ M &E upgrades ■ Life safety Estimated Construction Cost -Phase 2 ........................................................ ............................... .....................$1,278,000 Phase 3 (2013): Exterior Cladding & Glazing ■ Window replacements • Install new windows ■ Replace roof ■ Cladding Estimated Construction Cost - Phase 3 .............. Phase 4 (2014): Site Work ■ Plaza ■ Stage and movie screen ■ Terraces and sidewalks ■ Trail and landscaping ■ Playground ■ Parking lot Estimated Construction Cost - Phase 4..... ............................................................ ............................... $350,000 ....................................................................... ............................... $470,000 GrandTotal .................................................................................................................... ............................... .....................$2,970,000 A construction budget of $891,300 for Phase 1 of the revitalization project was approved by Common Council as part of the 2011 capital budget, which was subsequently carried over and approved as part of the 2012 capital budget. Due to some unforeseen property issues that have only recently been resolved, Phase 1 of construction, including the tendering thereof, has been delayed until now. ANALYSIS A public tender call was issued on July 30, 2012 and closed on August 15, 2012. Five (5) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME BID PRICE EXLUDING HS John Flood & Sons (1961) Ltd. $912,355 Castle Rock Construction Services Inc. $1,025,000 Avondale Construction Limited $1,034,000 Dora Construction Ltd. $1,203,900 Pomerleau Inc. $1,290,000 The Class A construction cost estimate prepared just prior to the public tender call was $1,058,500 plus HST. Staff of Facility Management and Materials and Fleet Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 231 Report to Common Council Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1 FINANCIAL CONSIDERATIONS Page 3 of 4 As previously mentioned, a construction budget of $891,300 has been approved by Common Council as part of the 2012 capital budget. A summary of the low bid price, accounting for HST and the HST rebate, is provided in the following table: COMPANY NAME BID PRICE EXLUDING HS HST ; HST REBATE TOTAL John Flood & Sons (1961) Ltd. $912,355.00 $118,606.15 $87,323.30 1 $943,637.85 As can be seen, after accounting for taxes, the project has come in $52,337.85 (or approximately 5.9%) over the amount allocated and approved for this project in the 2012 capital budget. It is important to note that the original construction budget approved by Common Council in the amount of $891,300, was based on a Class C construction cost estimate prepared at the initial stages of the project, prior to design development. The Class A construction cost estimate prepared just prior to the public tender call was $1,058,500, which is within 16% of the low bid and 3% of the average bid price. Unrelated to this project, Common Council has approved $150,000 for design services for the renewal of the masonry of the Tower of the Saint John City Market. Fees for the design services associated with this project are significantly under budget due to efficiencies gained by the consultant via the completion of another project at the City Market in spring of 2012. Final design fees for the renewal of the masonry of the Tower of the City Market are estimated to be less than $55,000. Staff has recommended that $40,000 of this amount be reallocated to cover additional costs associated with the design work of Phase 2 of the revitalization of the Nick Nicolle Community Centre (refer to M &C 2012 -225: Nick Nicolle Community Centre Revitalization Phase 2 — Professional Consulting Services Engagement). Accounting for these amounts, $55,000 is available from the original $150,000 to be partially reallocated from the City Market to the construction of Phase 1 of the Nick Nicolle Community Centre Revitalization. Further to the above, due to the project being the renovation of an existing older building, staff of Facility Management recommends that a contingency allowance of approximately 15% of the construction cost (or $140,000) be carried to provide for unforeseen conditions that may arise during construction, only to be used if required. This amount is over and above what has been budgeted for in the 2012 capital budget. Since the construction schedule will overlap into 2013, it is recommended that Common Council pre - approve $140,000 in the 2013 capital budget, again only to be used if required due to unforeseen construction conditions. The table below summarizes the bid price and proposed budget allocation for this project: DESCRIPTION BID PRICE BUDGET Bid Price Accounting for HST and HST Rebate $943,637.85 plus Contingency Allowance $140,000.00 Total Bid Price Including Contingency Allowance $1,083,637.85 Approved in 2012 Capital Budget $891,300.00 plus Reallocated from City Market 2012 Capital Budget $52,400.00 plus Pre - Approved in 2013 Capital Budget $140,000.00 Total Budget Allocation - $1,083,700.00 232 Report to Common Council Page 4 of 4 Nick Nicolle Community Centre Revitalization - Award of Construction Contract for Phase 1 INPUT FROM OTHER SOURCES Input from the Materials Management and Finance Departments of the City of Saint John was solicited during the preparation of this report, and staff support the recommendations contained herein. RECOMMENDATION Your City Manager recommends: 1) That Common Council award Bid No. 2012- 081201T: Nick Nicolle Community Centre Revitalization - Construction Phase 1 to the low bidder, John Flood & Sons (1961) Ltd., for the tendered price of $912,355.00 plus HST; 2) That Common Council reallocate $52,400 of the previously approved $150,000 within the 2012 capital budget from the Saint John City Market Masonry Renewal project to the Nick Nicolle Community Centre Revitalization - Construction Phase 1 to cover the difference between the tendered price and the original approved project budget of $891,300; 3) That Common Council pre- approve $140,000 in the 2013 Capital Budget to be expended only as required to address unforeseen conditions during the construction of Phase 1 of the Nick Nicolle Community Centre Revitalization; and 4) That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Manag meet Gregory o an s, CGA, MBA Commis �n�r, Finance and Administrative Services V Jai�tk Woods, CGA lei City Manager 233 Planning Advisory Committee August 22, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E21, 4L1 .a SUBJECT: Proposed Subdivision 1450 -1600 Sandy Point Road City of Saint John The PIanning Advisory Committee considered the attached report at its August 21, 2012 meeting. Common Council tabled the matter at their meeting of pending receipt of a Slope Stability Study, completed to the satisfaction of the Chief Building Inspector, or their designate. A satisfactory report has been received and Staff recommend that Council remove the item from the table. Mr. Philip Kierstead, the developer's consultant, appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation. No letters were received regarding the matter and no other persons appeared before the Committee. After considering the presentation and Staff Report, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagles Nest Estates Subdivision - Phase 1 tentative plan with respect to the vesting of the proposed public and future streets, as well as to any required municipal services, municipal drainage and/or public utility easements. 2. That Common Council accept a money -in -lieu land for public purposes dedication for the Eagles Nest Estates Subdivision - Phase 1. 3. 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. Respectfully submitted, Eric Falkj Chairman MR Project No. 12 -126 234 The city of Saint John DATE: AUGUST 17, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2012 PREPARED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner SUBJECT: Proposed Subdivision: Eagles Nest Estates - Phase 1 1450 -1600 Sandy Point Road At their meeting of July 17, 2012 the Planning Advisory made the following recommendation to Common Council on the above matter: That Common Council table consideration of the submitted Eagles Nest Estates Subdivision — Phase 1, Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements, until such time as a Slope Stability Study has been completed to the satisfaction of the Chief Building Inspector, or their designate. Common Council tabled the item at their meeting of July 30, 2012. Staff are in receipt of a Slope Stability Study which has been reviewed by a designate of the Chief Building Inspector. Staff have no issues with the content of the report. The report makes note of stability issues during the construction phase of the project being addressed through the Building Permit process and also that other aspects of the development, including control of groundwater, must be approved by the City. Staff also note that the original planning report did not provide a recommendation for PAC or Council in the absence of the Slope Stability Report. It would now be appropriate for the Committee to recommend (I -` � J., `- - - - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 wwwsaintohn.ca C.P. 1971 Saint John, N. -B, Canada E'_L4L1 "~� 235 Eagle's Nest Estates Page 2 1450 -1600 Sandy Point Road August 17, 2012 that Council assent to the vesting of the proposed public streets and any required municipal services / drainage easements and public utility easements, along with the authorization of the required City / Developer Subdivision Agreement. The original report did not contain a recommendation on acquiring cash -in -lieu for Lands for Public Purposes although this was discussed in the text of the report. Staff have provided an appropriate recommendation in this regard. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagles Nest Estates Subdivision - Phase 1 tentative plan with respect to the vesting of the proposed public and future streets, as well as to any required municipal services, municipal drainage and/or public utility easements. 2. That Common Council accept a money -in -lieu land for public purposes dedication for the Eagles Nest Estates Subdivision - Phase 1. 3. 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. MR Project No. 12 -126 236 81 �4o uyop Wlo9 w pp B F /401/ w CD --------------- - - - - - -- _ W Ck- c Cl yg J 1 R �d CoU � DOS �4 i�♦P o 'Q�, W y W9Al i o � Y pFa qi10°ow. y0 %S ei JdNp �M $ 3 � 4 r 1 Yw B F /401/ w CD --------------- - - - - - -- _ W Ck- c C �d CoU � DOS �4 0 m N N W9Al i o C� H, c W N p, a \� --------------- - - - - - -- _ C'b r A--- - - - - -- 1 1 _ __ - -- 11 ` �e l� A 1 1 v L- �A �e a� 35 Q r t 1 1 1 e 94 A FUNDY Engineeri� Dr. Darrell Gallant % 504474 NB Ltd. 1580 Sandy Point Road PO Box 481 Saint John, New Brunswick E2K 5E7 RE: Eagles Nest Estates Subdivision, Phase Slope Stability Inspection for Portions 55151609 Dear Dr. Gallant: fundy@fundyeng.com www.fundyeng.com Job File: 12 -9454 31 July 2012 I in Millidgeville, New Brunswick of PIDs 55145544, 55145551, and As per your request made on behalf of Mr. Pete Kierstead, Fundy Engineering & Consulting Ltd. (Fundy Engineering) performed a slope stability inspection (i.e., the Work). The Work was completed on portions of land identified in the New Brunswick Geographical Corporation's database as Property Identifiers 55145544, 55145551, and 55151609 located in Millidgeville, New Brunswick between Sandy Point Road and Kennebecasis Drive. A slope stability inspection was requested by Saint John Common Council before approval will be given to move forward with Phase I of Eagles Nest Estates primarily because of steep slopes across the lots (Figure 1). On Monday 23 July 2012, an initial site visit was completed by Mr. Andy MacVey, P.Eng. and Dr. Matt Alexander, P.Geo., EP, both of Fundy Engineering, and accompanied by Mr. Kierstead. That visit was done to complete a general walk -over of Phase I in order to get a lay of the land and identify where the lots and roadway would be located. The north- facing hillside is primarily covered by a second - growth immature Acadian Forest comprised of a good mixture of coniferous and deciduous species. A few old and partially overgrown dirt roads/ paths were observed along the hillside and allowed for observation of the underlying materials in many areas. Bedrock prominently outcrops through the thin (i.e., generally 0.5 m to 3 m thick) Late Wisconsinan blanket and veneer of mainly stony (i.e., > 35 %) loamy lodgment till, minor ablation till, silt, sand, and gravel. The Late Devonian bedrock belonging to the Kennebecasis Formation of the Horton Group is comprised of reddish brown conglomerate and sandstone. The bedrock observed was competent and no recent slides or movements were noted. Although it was noted that the area has steep grades (i.e., — 30 %), there are very few drainage swales along the hillside slated for Phase 1. The reason for this appears to be that surface water runoff collects in the voids between the bedrock layers / outcroppings and is held there until it either slowly seeps into the ground or is used in evapotranspiration processes. This is also evidenced by the presence of eastern white cedar and balsam fir growing in very confined areas with shallow soils. Where drainage swales were identified, they were < 1 m deep and extended only through the surficial sediments to the underlying bedrock (i.e., they scoured away the surficial sediments). Aq" A, 1k S�? 12 4. � fth, O ANDY Engineering Figure 1. Tentative Phase I lot layout for Eagles Nest Estates in Millidgevifle, New Brunswick showing slopes across the building lots, Ft E, 239 -fioalion f2-9-1:04 i'-;/ .44;e �3 During the initial site visit, Fundy Engineering recommended that test pits be dug within the area proposed for Phase I to confirm that soils and bedrock at depth correlated with those observed at the surface. On Friday 27 July 2012, Mr. MacVey returned to the site to complete a limited test pit investigation. A 20 ton tracked excavator was contracted through Gould's Trucking Ltd. Under the direction of Mr. MacVey, two test pits were excavated in areas representative of the general conditions identified across Phase I during the initial site visit (Figure 1). One test pit was excavated within the roadway right -of -way while the other was excavated on lot 21 -F. Both test pits revealed that a thin veneer of granular materials overlies the bedrock. The veneer is described as reddish brown silty sand over reddish brown sand with minor gravel and angular rock. Depth to bedrock varied between 0.75 m and 1.2 m below the surface grade. Bedrock is as described above. Minor organic materials were only noted in the surface layer of the surficial materials. It is our opinion that the slopes are stable along the hillside proposed for Phase I of Eagles Nest Estates in Millidgeville, New Brunswick. Stability issues during the construction phase of the development, as in any development on sloping ground surfaces, will be addressed through the Building Permit Process. The Engineered design of slopes and retaining structures are a requirement of the City of Saint John Bylaws. Control of groundwater, establishing fills on soils or rock free of organic material and establishing adequate slopes for Engineered Fills dependent upon the fill material type used are part of the design process. Closing We trust that this information is satisfactory for your present needs. This letter covers materials inspected on the noted dates, Our investigation does not extend to additional areas not noted in our record, without an amending letter. No assessments concerning surrounding soil conditions, groundwater, or surface water drainage are expressed or implied. This letter has been review by Mr. Gordon Mouland, M.Eng., P.Eng. Should you have any questions or require additional information please contact the undersigned at your convenience via telephone at 506.635.1566 . or by email at andy.macvey(@fundyeng.com or matt.aiexander fund en .c tom. ; Sin //�� ��{yy��`�� re�Asa �. .�� Y Y, ,,, dr. Matt A4exaXid #r, 'PGeo.s EP Geo iwinlC�i'`iger Environmental Scientist Fundy 1=ngg 144e ing & Consulting Ltd, 240 -0;2 Planning Advisory Committee August 22, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Subdivision - 340 and 341 Loch Lomond Road City of Saint John In April of 2012, Common Council authorized staff to continue discussions with Irving Oil Limited regarding the establishment of a cost sharing agreement for the installation of traffic signals at the Loch Lomond Road entrance of the Irving Oil Refinery. The signal installation would occur with additional intersection improvements that require widening of the intersection and the provision of turning lanes on Loch Lomond Road. This requires additional right -of -way to be vested as a Public Street. The Committee considered the attached report, dealing with the street vesting, at its August 21, 2012 meeting. Mr. Rick Turner, of Hughes Surveys and Consultants, representing the applicant, appeared at the meeting and spoke in favour of the Staff Recommendation and suggested a modification to add the word" approximately" before the land area to be vested. Staff were in agreement with this and suggested an additional modification which referenced the drawings submitted with the application. Edie Donovan, representing the landowner at 423 Loch Lomond Road, appeared before the Committee and expressed concerns regarding access to property, drainage and the distance from the property at 423 Loch Lomond Road and the intersection improvements. Staff and the applicant's representative responded to the concerns from Ms. Donovan noting that the limits of the proposed work would be approximately 150 to 200 feet from the property in question and that the signals would improve traffic safety and access to the properties along Loch Lomond Road. One letter, which is attached, was received regarding the project. After considering the presentations, letter and Staff Report, the Committee adopted the Staff Recommendation, as amended, regarding the area to be vested as a Public Street. 241 -z- RECOMMENDATION: That Common Council assent to the submitted Highlands Operations Limited, Irving Oil Operations General Partner Limited, Irving Oil Operations G.P. and Irving Oil Operations Limited and Atlantic Land Dealers Ltd. tentative subdivision plans that would vest a total of approximately 760 square metres from PID Numbers 00313791, 00313734 and 55155964 as part of the Loch Lomond Road public street right -of -way as generally shown on the plans provided with the application. Respectfully submitted, Eric Falk Chairman M2 Project No. 12 -218 242 .4 T The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: s 1 AUGUST 17, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF AUGUST 21, 2012 REVIEWED BY: S erring, MCIP; P Ken Forrest, MCIP, RPP Planner Commissioner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of Irving Oil Company Ltd. Name of Owner: Highlands Operations Limited, Irving Oil Operations General Partner Limited, Irving Oil Operations GP and Irving Oil Operations Ltd. and Atlantic Land Dealers Ltd. Location: 340 and 341 Loch Lomond Road PID: 00313791,00313734 and 55155964 Municipal Plan: Stable Residential and Heavy Industrial Zoning: "RS -2" One and Two Family Suburban Residential and 6I -2" Heavy Industrial Proposal: To subdivide and vest three parcels of land as public street right - of -way to provide for the proposed future installation of traffic signals. Type of Application: / 511: 71 SAINT JOHN Subdivision and public street vesting. P.O. BoA 1971 Saint John, NB Canada E2E L4L1 vwwa.saintjohnxa I C.P. 1971 Saint John, N. B. Canada E2L4L, 243 Hughes Surveys & Consultants Ltd. Page 2 340 and 341 Loch Lomond Road August 17, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the submitted Highlands Operations Limited, Irving Oil Operations General Partner Limited, Irving Oil Operations G.P. and Irving Oil Operations Limited and Atlantic Land Dealers Ltd. tentative subdivision plans that would vest a total of 761 square metres from PID Numbers 00313791, 00313734 and 55155964 as part of the Loch Lomond Road public street right -of- way. BACKGROUND: On April 10, 2012, the Traffic Engineer provided a report to Council regarding traffic signals at the Irving Oil Refinery. Irving Oil Limited had requested that traffic signals be installed on Loch Lomond Road at the entrance to the Irving Oil Refinery at 340 Loch Lomond Road. In response, City staff requested that IOL undertake a traffic study to determine whether the installation of traffic signals would be appropriate at this location. The traffic study was completed and staff were satisfied that traffic lights were warranted. Common Council directed City staff to continue discussions with Irving Oil Limited for the purpose of establishing a cost sharing agreement to be considered by Common Council for the installation of traffic lights on Loch Lomond Road at the entrance to the Irving Oil Refinery. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no concern with the proposed subdivision and street vesting; however, if the vested lands are not adequate to contain the required municipal infrastructure for a signalized intersection, the applicant will be required to subdivide and vest additional lands for the street right -of -way. This will be determined following submission of the detailed engineering drawings for the traffic light installation. Buildings and Inspection Services has no issues with the proposal. Saint John Fire Department has been advised of this application. Saint John Police Force has been advised of this application. 244 Hughes Surveys & Consultants Ltd. Page 3 340 and 341 Loch Lomond Road August 17, 2012 ANALYSIS: Subject Site and Neighbourhood The subject sites are located on Loch Lomond Road in the vicinity of the Irving Oil Refinery entrance driveway in East Saint John. The sites are currently owned by Highlands Operations Limited and Atlantic Land Dealers Ltd. and have been offered to the City as part of the public street right -of -way to provide for the future installation of traffic signals at this location. The 304 hectare hectare property at 340 Loch Lomond Road is zoned "I -2" Heavy Industrial and contains the Irving Oil Refinery. The 3,905 square metre property at 341 Loch Lomond Road is zoned "I -2" with conditions imposed in 1998 limiting the use of the site to a Visitors Centre for the Irving Oil Refinery. The site currently contains a dwelling and two garages, and there is no signage to indicate that either of the garages are being used as a Visitors Centre as proposed and approved in 1998. The 33 hectare property with PID Number 00313734 (no civic address) is zoned "RS -2" one and two Family Suburban Residential and is currently vacant. The surrounding area contains the Irving Oil Refinery, a cemetery, a number of detached dwellings and the St. Joachim's Church. This portion of Loch Lomond Road is designated as an Arterial Street by the Municipal Plan. Proposed Subdivision The proposed subdivision includes parcels equalling: 111 square metres from the property at 341 Loch Lomond Road (PID 00313791); 268 square metres from the property at 340 Loch Lomond Road (PID 55155964); and 382 square metres from the property at PID 00313734. These parcels will be subdivided as shown on the attached tentative plans and will not reduce the subject property areas below that which is required by the Zoning Bylaw. Following subdivision, these parcels are proposed to be vested as portions of the Loch Lomond Road right -of -way to facilitate the future installation of traffic signals. As noted by the Department of Municipal Operations and Engineering, the details of the proposed traffic signals will be reviewed and analysed at such time as detailed engineering drawings are submitted to the City. The current application deals only with the proposed subdivision and vesting of these parcels as part of the public street right -of -way. 245 Hughes Surveys & Consultants Ltd. Page 4 340 and 341 Loch Lomond Road August 17, 2012 CONCLUSION: As the subject parcels of land are required for the installation of traffic infrastructure and the proposed subdivision will not impact the subject sites or surrounding land uses, it is recommended that Common Council assent to the proposed subdivisions and street vesting. SH Proj ect No. 12-218 246 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT * i � .f r r p r s ID a, p �f ! � c B-2 i, . I-9 w RM- R r RM 'rt -2 X. r r i n, ' -2 rL �.r•r�•� `'� p SZ•6 .� i us - •r'Y*f •`� -����� * fir,\ ,n,•♦ �a`i•`� • \,`_ - Subject Site /site en question: 00313734 00313791 Location: 340, 341 chemain Loch Lomond Road 55155964 Date: August 3, 2012 Scale /echelle: Not to scale /Pas a 1'echelle 247 Retrallon APPROVALS �it-,-.--. 2is �-, -11 L-- ■ 1, Z 0 ilcl Arena of V� -f Survey C G.P. f.11 Al 411. —2- '15 Vol I AMR A,.'K o ' Pion 601hi0rd: DDerations Ll n4ed, Kw Ning Cil Cpsolirns General Part(%tr LirrI 3. - .. I 1—.� 4 C. c, •J wing Oil O� --ritions G+- rnd Irving F11 Dporotiors Ltd. Property Ir. 4'!FW1 1..: 41' 10 4. -'IC -ilb eL011 F.- -00 6 Atlantic ana Deo,wis C Sob r C. - 4 1 1 of the C�7ij- i V - —14 ic t 0 Curve Doto ni �-Q 2- 2 Ila, New., Etrunli Grid Co- Ordinate Volues 7 "7' '.•t E-ti •4 0 O(\ !eL 7 3F, ';A Z� - , -: P1. C14.c P \,a 2 -77 51?. 7 3. 3-1 7' P:: NN $-0 44--W 35, 11.^ - 4 P1. 7 r Oprrath:ns Limited, Irving C;- Opzroti)ns wens al Partner UrmUid, Irving 0,. Upqrcnioms: G.P Tentative Plan 7+ and wing oil OperoCoris Ltd. Proverty 1i Highlands Operations Limited, Irving Oil • Operations General Partner Limited, .0 Irving Oil Operations G.P. and Irving Oil Operations Limited Subdivision, Loch Lomond Rood, City of Saint John, Saint John County, New Brunswick. ...... MUCHES 13TJT.wZY3 e. C.NSULTANTS INC. Wads M. Macmutt L-d d r.10 +c• 7•1 'o 0 I Area of sury V. Atlootic Laid Lac are Ll.a. AtlxitT Vom tative Plan Atlartic Land Dealers Ltd. Subdivision, C ivic No. 341 Loch Lomord Rood, City of Saint John, Saint John County, New Brunswick. J,4 C)4 PLI 250 a��? ) 251 252 Planning Advisory Committee August 22, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Subdivision and Variances - 210 Lawrence Long Road City of Saint John The Planning Advisory Committee considered the attached report at its August 21, 2012 meeting. The applicants, Mr. Michael Long and Mrs. Catherine Long, appeared to speak in support of their application and were in general agreement with the Staff Recommendation contained in the report, with the exception of Recommendations #3 and #6, which pertain to the Land for Public Purposes (LPP) dedication. The applicants had re- iterated their desire to convey a parcel with an approximate area of 452 square metres to the City, as illustrated on the attached tentative subdivision plan. Further, it was indicated that they have additional land in the vicinity that could potentially be conveyed to the City in order to satisfy the requirement for the remaining 2,467 square metres of LPP. However, they also indicated that a cash -in -lieu payment for the balance (of the LPP requirement) could be acceptable, depending on the specific amount. Mr. Michael Cobham, of 143 Lawrence Long Road, addressed the Committee and requested clarification on a number of By -law requirements. Further, he expressed concerns about the safety of the existing road and the potential impact that increased traffic resulting from the subdivision would have on the area. Mr. Peter Campbell, of 241 Arthurs Road, appeared before the Committee and expressed disagreement with the Staff Recommendation as it pertains to the LPP dedication. Mr. Campbell expressed support for the applicants' proposal to convey the proposed LPP parcel to the City instead of requiring a cash -in -lieu payment. In addition to these speakers, two letters were received (copies attached). One was from Mr. Campbell outlining his view on the proposed LPP dedication, while the other expressing concerns with regard to the street construction variances. After considering the matter, the Committee adopted the Staff Recommendation, with a revision to Recommendation #3. Instead of the LPP dedication being entirely comprised of a cash -in -lieu payment, the Committee recommended that the City accept a combination of land and cash. More specifically, the Committee recommended that the proposed parcel with an approximate area of 452 square metres be accepted by the Common Council, with the balance of the LPP 253 -2- requirement to be comprised of a cash -in -lieu payment. For your convenience, this revised recommendation is set out below. In considering the application, the Committee approved the proposed street name of "Pasture Hill Road" and granted the following variances from the requirements of the Subdivision and Zoning By -laws to: a) allow the proposed street to be constructed to the "rural road" standard, whereas it is required to be constructed to the "local street" standard; b) reduce the minimum required width of the proposed public street right -of -way from 23.1 metres to approximately 20.1 metres; c) allow the placement of "front- overhead" electrical utility lines whereas they are required to be placed underground at the front of the proposed lots; d) reduce the minimum required lot area from 5,350 square metres to lot areas varying between 4,603 square metres and 5,064 square metres for lots 08 -01 to 08 -05 and lots 08 -07 to 09 (inclusive); and e) reduce the minimum required lot width from 59 metres to approximately 20 metres (Lot 08 -06), approximately 56 metres (Lot 08 -03) and approximately 58 metres (Lot 08 -02). A variance to reduce the minimum required amount of Land for Public Purposes from 2,919 square metres to approximately 452 square metres, while not explicitly denied, was not granted by the Committee. It should be noted that the Staff Report indicates that Staff s support of the proposal is contingent on the privately -owned portion of Lawrence Long Road being conveyed to the City. Common Council has yet to review this matter, however consideration of the subject application is a preliminary step that must be undertaken prior to initiating the subsequent analysis and review process. RECONEMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed public street(s), as generally illustrated on the attached photo - reduced tentative subdivision plan entitled `Pasture Hill Estates Subdivision' dated April 20, 2012, including any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. That Common Council accept a Land for Public Purposes dedication comprised of a combination of land (being the proposed parcel with an 254 -3- approximate area of 452 square metres) and a cash -in -lieu payment based on the balance, in order to satisfy the Land for Public Purposes requirement. Respectfully submitted, Eric Falk' Chairman PF Project No. 12 -214 255 The city of Saint john DATE: AUGUST 17, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2012 PREPARED BY:-- / REVIEWED BY: Patrick Foran Ken Forrest, MCIP, RPP Planning Officer Commissioner SUBJECT: Name of Applicant: Michael & Catherine Long Name of Owner: Michael & Catherine Long Location: 210 Lawrence Long Road PID: 55163133 Municipal Plan: Rural Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To develop a nine -lot subdivision. Type of Application: Subdivision and variances to: 1) allow the proposed street to be constructed to the "rural road" standard, whereas it is required to be constructed to the "local street" standard; 1 SAWT JOHN P.O. Box 1971 Saint john, NB Cani -da EA Al 3 www.saintjohn.ci CA 1971 Saint john, NA, Canada F21. 4L1 256 Michael & Catherine Long page 2 210 Lawrence Long Road August 17, 2012 2) reduce the minimum required width of the proposed public street right -of -way from 23.1 metres to approximately 20.1 metres; 3) reduce the minimum required amount of Land for Public Purposes from 2,919 square metres to approximately 452 metres; 4) allow the placement of "front- overhead" electrical utility lines whereas they are required to be placed underground at the front of the proposed lots; 5) reduce the minimum required lot area from 5,350 square metres to lot areas varying between 4,603 square metres and 5,064 square metres for lots 08 -01 to 08 -05 and lots 08 -07 to 09 (inclusive); and 6) reduce the minimum required lot width from 59 metres to approximately 20 metres (Lot 08 -06), approximately 56 metres (Lot 08 -03) and approximately 58 metres (Lot 08 -02). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By -laws, The Committee can impose conditions, STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed public street(s), as generally illustrated on the attached photo - reduced tentative subdivision plan entitled `Pasture Hill Estates Subdivision' dated April 20, 2012, including any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. That Common Council accept a cash -in -lieu payment instead of the required land dedication in order to satisfy the Land for Public Purposes requirement. 257 Michael & Catherine Long Page 3 210 Lawrence Long Road August 17, 2012 4. That the Planning Advisory Committee approve the proposed street name of "Pasture Hill Road ", 5. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision and Zoning By -laws to: a) allow the proposed street to be constructed to the "rural road" standard, whereas it is required to be constructed to the "local street" standard; b) reduce the minimum required width of the proposed public street right -of -way from 23.1 metres to approximately 20.1 metres; c) allow the placement of "front- overhead" electrical utility lines whereas they are required to be placed underground at the front of the proposed lots; d) reduce the minimum required lot area from 5,350 square metres to lot areas varying between 4,603 square metres and 5,064 square metres for lots 08 -01 to 08 -05 and lots 08 -07 to 09 (inclusive); and e) reduce the minimum required lot width from 59 metres to approximately 20 metres (Lot 08- 06), approximately 56 metres (Lot 08 -03) and approximately 58 metres (Lot 08 -02), 6. That the Planning Advisory Committee deny the requested variance to reduce the minimum required amount of Land for Public Purposes from 2,919 square metres to approximately 452 square metres. BACKGROUND: The Acamac / South Bay area (which includes the Lawrence Long Road) was annexed by the City in the mid- 1960's. The exact length and configuration of Lawrence Long Road at the time of amalgamation is not clear, but City records indicate that the initial 336 metres (1,100 feet), approximately, appear to be public with the remaining approximately 560 metres (1,800 feet) being privately owned and extending to the original, long- existing Lawrence Long homestead. Also unclear is the number of dwellings that were existing at the time of amalgamation and whether they fronted on the publicly or privately owned portion of the road. However, since the 1980's the Planning Advisory Committee has approved the creation of approximately eight lots that have access via the privately -owned portion of the street, most recently in 1996. While the earliest staff report(s) expressed concern with the state of repair of the road (and in fact a condition was imposed by the Committee prohibiting further subdivision without street construction to City standards), additional subdivisions were allowed in the mid- 1990's subsequent to Committee approval of the access (which appears to have included favourable recommendations from Planning Staff). It is not clear what, if any, street improvements were undertaken in the intervening years, however at present the latter portion of 1 In 1996, tentative approval was given to a subdivision proposing the creation of three lots on a private access (Lawrence Long Road) subsequent to approval of the access by the Conunittee. However, the final plan actually creating the lots was only approved in 2003. 258 Michael & Catherine Long Page 4 210 Lawrence Long Road August 17, 2012 Lawrence Long Road is still considered a private street and does not satisfy the minimum construction standards for a public street. In August of 2011, an application was submitted proposing to sever a lot with an area of approximately 2.8 hectares (7 acres) from the parent property in order to accommodate the future construction of a single - family dwelling. Because access to the proposed lot was by means other than a public street, approval of the Committee was required. The Committee, at its September 20, 2011 meeting, considered the proposal and approved the proposed access as being advisable for the proposed development of land. Notwithstanding the approval of the proposed means of access, the proposed subdivision has yet to be undertaken. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that: • There is no municipal servicing (water, sanitary, storm) available. • While minimum road maintenance services are provided to Lawrence Long Road a portion of the access is located on private property. • The majority of the existing Lawrence Long Road is of substandard construction (including the width). This access is not constructed to current municipal engineering standards for right of way and travel lane widths, shoulders, base and surface materials, and drainage features. • In accordance with the Subdivision By -law, every lot should abut a public street. • There is no guarantee to the level of service or continuation of service that will be provided by the municipality as this is a privately owned road. • Support of this application is conditional on ownership of the existing portion of Lawrence Long Road, in its present state, being conveyed to the City to vest as a public street, as agreed to with the applicants in 2009. • The proposed extension of Lawrence Long Road would extend to the existing "future street" and be built as a public street to at least the Rural Road standard. The requested reduced width variance from 23.1 in to 20.1 metres can be supported for this proposal; • A "future street" should be constructed to the Rural Road standard in order to provide the interconnectivity with Arthurs Road as this was the basis of Staff's support for the original proposal. • As with all other proposed subdivisions, any street construction or improvements would be the full responsibility of the developer. Detailed engineering (street) plans must be provided by the developer's engineering consultant to the City by the developer's engineering consultant for review and approval. • The developer's engineering consultant must provide detailed engineering storm water drainage plans and a design report to the City for review and approval. In addition to the Lawrence Long Road being very narrow with drainage issues, there is a significant issue with the existing infrastructure on this road which must be addressed prior to considering development at the end of the existing road. • During the spring Lawrence Long Road toward its end can be submerged with floodwater and can be impassable for several days. Although the existing few property owners managed to transport via boats, there would a delay in emergency response if it was needed. Increasing the number of residences beyond the section that flooded would increase the risk of such an emergency event occurring should a similar flooding event occur in subsequent years. Prior to any new development 259 Michael & Catherine Long 210 Lawrence Long Road Page 5 August 17, 2012 taking place, upgrades would be required by the developer to ensure continuous road access unaffected by annual spring freshet. (Photos attached) Buildings and Inspection Services has indicated that it has no issues with the proposed subdivision as there is a distinct advantage to having the roadway looped through Lawrence Long and Arthurs Roads from a public safety viewpoint and a servicing aspect. 260 Michael & Catherine Long Page 6 210 Lawrence Long Road August 17, 2012 Saint John Fire Department has been forwarded a copy of the application. Saint John Transit indicates that it offers limited service along the Westfield Road on weekdays in close proximity to this location, Leisure Services has indicated that the LPP lands proposed on this plan have little utility as recreational space if undeveloped. In lieu of numerous small areas of land obtained by piecemeal development, cash in lieu would better serve the broader neighbourhood by supporting improvements to existing recreational facilities in the area as well as connections between them. Geographic Information Systems (Planning and Development) has indicated that "Pasture Hill Road" is an acceptable street name and has been reserved. Saint John Energy has been forwarded a copy of the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline advise that the area is all "clear" and that the proposal is not near any pipeline facilities. ANALYSIS: Site and Neishbourhood The subject property extends from the end of the publicly -owned portion of Lawrence Long Road (approximately 336 metres east of its intersection with Westfield Road) to the banks of the Saint John River / South Bay in the Acamac / South Bay area (see attached location map). The property is configured similarly to a flag - shaped lot, with the "stem" of the lot (containing the privately -owned portion of Lawrence Long Road) extending from the end of the publicly owned portion of the street a distance of approximately 560 metres eastward to the developable portion of the property, This rear portion has an area of approximately 54,000 square metres (13.5 acres) which the applicant is proposing to subdivide into nine unserviced lots residential approximately 5,000 square metres (one and a quarter acres) each in area. Presently existing on the parent property is the applicants' dwelling for which a building permit was issued in 2009. The surrounding area is rural in nature, being comprised primarily of single - family dwellings of varying styles situated on large (4,000 or more square metres) unserviced lots. The only strictly non- residential use in the general vicinity appears to be on the property to south addressed as 186 & 320 Lawrence Long Road, which was rezoned in 1999 to permit a horse stable and riding arena for up to twelve horses. Proposal The applicant has submitted a subdivision application proposing the creation of nine unserviced residential lots along an extension of Lawrence Long Road (see attached tentative subdivision plan). As part of the proposal, the "future street" (PID 55065346, see attached map) would be constructed, thereby allowing Lawrence Long Road to connect to Arthurs Road via a new street tentatively named Pasture Hill Road. A narrow Land for Public Purposes (LPP) dedication of approximately 452 square metres would extend from the proposed Pasture Hill Road to the Saint John River. 261 Michael & Catherine Long Page 7 210 Lawrence Long Road August 17, 2012 The configuration of the current proposal was derived in large part from a number of previous discussions between City Staff and the applicant beginning in late 2007 / early 2008. In reviewing earlier versions of the proposed subdivision, Staff had concerns pertaining to the proposed means of access given that most of the existing Lawrence Long Road is a private street that is not constructed to the current minimum street standard. Further, the developable portion of the property where the proposed lots would be created is beyond the section of Lawrence Long Road that is susceptible to flooding during the spring freshet. In fact, there are some existing properties created in the late 1990's / early 2000's that can become inaccessible at certain times of the year due to the higher water level. In situations such as the present instance where an existing street or other access to a proposed subdivision is substandard, the Subdivision By -law requires that the proponent make provision to bring the existing access up to the same standard as required for the new street(s) within the subdivision as a condition of approval. It is recognized that there are substantial challenges in doing so in the present instance. Specifically, the length of the privately -owned portion of Lawrence Long Road that would have to be improved is significant and would likely be cost - prohibitive. This is coupled with the fact that an Environmental Impact Assessment would likely be necessary to build up the low point of the road so as to resolve the flooding issue. The costs of the required street upgrades, coupled with those of the new street construction, speak to viability of the proposal. While it is not ordinarily the City's responsibility to resolve the feasibility of a particular project, it is recognized that the City has inherited some maintenance responsibilities from the Province with regard to Lawrence Long Road that differentiate this project from other proposals. Further, given the inaccessibility of certain lots at the end of Lawrence Long Road, there is concern (liability) regarding the City's ability to provide emergency services. Consequently, the above - mentioned concerns were discussed between the applicants and Staff, and it is Staff s understanding that there was general agreement with the following compromise to address the concerns pertaining to the access: The applicants would accept responsibility for constructing the City -owned "future street" (identified on the tentative subdivision plan as PID 55065346) to the "rural road" standard at their cost as part of the standard City/Developer Subdivision Agreement. This would be in addition to the street construction required for the extension of Lawrence Long Road and the creation of Pasture Hill Road. In exchange, Staff would recommend that Common Council accept transfer of ownership of the privately -owned portion of Lawrence Long Road in its current state to the City, with appropriate "rural road" right -of -way width. Once ownership of the road was transferred, the City would become responsible for the costs of improving and maintaining Lawrence Long Road, including any Environmental Impact Assessment(s) necessary to build up the low point that is prone to flooding. Staff's support of this concept is predicated on the fact that the connection of Lawrence Long Road to Arthurs Road via the new Pasture Hill Road would create an alternate access point to the properties that are rendered periodically inaccessible due to flooding. Not only would the inaccessibility problems be rectified, but with the transfer of ownership of the road to the City, future maintenance and improvements could be undertaken as per the normal prioritization process. Staff remain supportive of the general concept, although a number of variances (detailed below) are required. 262 Michael & Catherine Long Page 8 210 Lawrence Long Road August 17, 2012 It should be noted that Municipal Operations and Engineering has provided comments to the applicants in a letter dated October 16, 2009 advising that in order to ensure that the physical roadway is not located on third -party lands, both the City (for the apparently publicly -owned portion) and the applicant (for the privately -owned section) may need to have their respective portions of the road surveyed, at their cost. For clarification purposes, should the survey(s) illustrate that the portions of the road to be conveyed are on third -party lands, the Staff recommendation to Common Council may be affected. Municipal Plan Context The subject property is designated Rural Residential. This designation applies to those lands which accommodate existing or approved low - density residential development that is not located within a Rural Settlement Areal, is unserviced, and is located beyond the Primary Development Area. The Municipal Plan seeks to curtail this form of development in the future by limiting further subdivision of lots for this purpose. Further, Council intends that land within the Rural Residential Area designation is generally intended to accommodate existing rural residential development. Development of residential uses on existing lots is permitted but the creation of new lots for additional rural residential development is generally discouraged. However, the dedication of new public streets (or street extensions) can be accepted as part of a subdivision approval if, in the determination of Council, the new streets / street extensions are necessary to provide safe access to the proposed development or are necessary to improve connectivity between existing developments in the general area. In light of the access issues outlined earlier in this report, Staff s opinion is that the current proposal would address the outstanding safety and connectivity issues that presently exist and can be recommended to Common Council as per the policies of the Municipal Plan. Subdivision & Variances Street Construction & Utility Servicing Standards Because the proposed subdivision involves new public streets, the Community Planning Act requires the Planning Advisory Committee to provide a recommendation to Common Council concerning the proposed street vesting. Based on the submitted tentative subdivision plan, the street layout is acceptable to Municipal Operations and Engineering and can therefore be recommended to Council on this basis. The Staff Recommendation includes all the necessary assents and approvals for the tentative plan, easements, and City/Developer Agreements, etc. With regard to the actual street construction, the Subdivision By -law requires the proposed street to be constructed to the "local street" standard. This standard requires concrete curbing and sidewalks, which are not features present on adjoining streets, such as Arthurs Road, which was recently reconstructed to the "rural road" standard. In order to allow the proposed street to be constructed in manner consistent with other existing streets in the surrounding area, and based on discussions with City Staff, the 2 The Rural Settlement Areas are Martinon to Ketepec, Lorneville and Treadwell Lake. 263 Michael & Catherine Long Page 9 210 Lawrence Long Road August 17, 2012 applicant is requesting a variance to allow the proposed street to be constructed to the "rural road" standard. Municipal Operations and Engineering is in support of this variance and, for the reasons outlined, Staff can also recommend approval of this variance. Should the Committee be inclined to grant the necessary variance to allow the street to be constructed to the "rural road" standard, a subsequent variance will be necessary to reduce the minimum required width of the public street right -of -way from 23.1 metres to approximately 20.1 metres. In addition to the concrete curbing and sidewalks, the other difference between the "rural road" and "local street" standards is the minimum required width of the public street right-of-way, A "local street" is required to have a minimum width of 20 metres, whereas the "rural road" is required to have a minimum width of 23.1 metres. However, this standard was only recently increased to 23.1 metres, when it had previously been 20 metres. A width of 20 metres would be consistent with the existing streets to which the new streets would connect (Lawrence Long Road and Arthurs Road). Given these observations, in conjunction with Municipal Operations and Engineering's support, approval of this variance can be supported. In addition, the Subdivision By -law requires that the electrical utility lines be placed underground at the front of the lots to be served. Although the By -law permits the utility lines to be placed overhead when subdivision occurs along existing streets, there is no such relaxation for street extensions / new streets. Further, the By -law allows "front overhead" utilities in Rural Residential subdivisions, but as the present proposal does not entail a rezoning to "RR" One Family Rural Residential, this provision is not applicable. However, both the existing Lawrence Long Road and Arthurs Road have front overhead servicing presently in place. Continuing the "front overhead" servicing would allow for consistency with the surrounding area and given that the proposal is essentially characterized as a rural residential subdivision, approval of this variance can be supported. Land for Public Purposes The development of the original parent property has unfolded over a period of several decades. Not uncommon in these types of rural settings, it appears that the lots were generally created either one at a time or in small numbers. It does not appear that there was an overall plan guiding the development of the subdivision (street configuration, LPP, etc.) and as a consequence it does not appear that having a publicly - accessible area, be it along the shoreline or elsewhere, was ever contemplated. The remnant parcel is the last phase which can be developed and there are difficulties in attempting to require a significant land -based LPP dedication at this time given it was never a feature that was planned for, In light of the comments received from Leisure Services, it is not anticipated that any proposed LPP parcel as part of this subdivision would be developed by the City. The specific LPP parcel put forth by the applicant, while satisfying the intent of the By -law in providing public access to a water feature, would only have a width of approximately d metres, limiting its ability to be developed or utilized by the public in any event. Therefore a land dedication would be of little benefit to the community if it were accepted and is not considered appropriate in this instance. While there is no planning rationale to support a variance to reduce the minimum amount of LPP required, the Subdivision By -law allows for a cash -in -lieu payment to be provided. Although this 264 Michael & Catherine Long Page 10 210 Lawrence Long Road August 17, 2012 payment is based on a percentage of the value of the land being subdivided, the calculation of the value of the payment takes into account the cost of the street construction. It is anticipated that the net LPP payment would be approximately several hundred dollars per lot. By providing a cash -in -lieu payment, not only would the LPP requirement be satisfied, but, the tentative plan could be revised to increase the size of the proposed lots, thereby reducing or eliminating the need for some of the lot area variances. A cash -in -lieu payment is supported by Leisure Services as they have indicated that it would be more in keeping with the strategy of Play SJ of improving and supporting existing recreational facilities instead of adding to the large number of existing parcels which are costly to develop and maintain. For the reasons outlined above, Staff is recommending an LPP dedication in the form of a cash -in -lieu payment, based on the full By -law amount (i.e., no variance). Lot Dimensions At the time the original concept was prepared and subsequently reviewed by Staff, all of the minimum required lot dimensions were in conformity with the standards of the Subdivision and Zoning By -laws, with the exception of Lot 08 -06. However, as this lot was essentially a "flag- shaped" lot with ample area beyond the access portion (in fact it is the largest lot in the subdivision), Staff was supportive of the necessary lot width reduction from 54 metres to 20 metres. However, since that time, there have been a number of legislative changes affecting standards for unserviced development. Aside from the adoption of the new Municipal Plan (P1anSJ) which was detailed earlier in this report, the regulations administered by the Provincial Department of Health were amended such that they no longer provide an assessment of the proposed lots as part of the tentative subdivision review process for suitability of an on -site sewage disposal system. Based on discussions with the Department of Health, it was determined that, as a substitute for having a lot assessment, increasing the minimum required lot area to 5,350 square metres and minimum required lot width to 59 metres should be sufficient in most instances for property owners to install a traditional on -site septic disposal system. As a result of the increased lot dimension standards, only one of the proposed lots (Lot 08 -06) would meet the current minimumm lot area requirement, and three of the lots need variances to reduce the lot width from 59 metres to approximately 20 metres (Lot 08 -06), approximately 56 metres (Lot 08 -03) and approximately 58 metres (Lot 08 -02). Notwithstanding that the earlier proposal was never given tentative approval and that lot assessments were never undertaken prior to the changes to the Public Health Act, the proposed lots are all well over the previous threshold of 4,000 square metres in area and, other than Lot 08 -06, would exceed the previous lot width requirement of 54 meters. As mentioned previously, however, Lot 08 -06 is essentially a "flag- shaped" lot — the developable part of the lot, which contains the applicants' recently constructed dwelling, has almost double the minimum required lot area (approximately 8,906 square metres) and almost twice the width (approximately 93 metres). Further, the proportions of the proposed lots would be consistent with those of the existing lots in surrounding area which have been able to accommodate private on -site well and septic. It is not anticipated that the proposed lots would be any different. Based on the above observations, approval of the lot dimension variances can be supported. 265 Michael & Catherine Long 210 Lawrence Long Road CONCLUSION: Page 11 August 17, 2012 At first glance, the proposed subdivision is not in keeping with the vision of the recently adopted Municipal Plan as it is outside of the Growth Boundary and involves the extension of a street to accommodate additional unserviced development. Further, the number of variances may create concerns about the conformity of the proposal with City standards. However, the Plan does recognize that there are instances where this type of development can be accommodated in order to address existing safety concerns or to improve street connectivity. Staff is of the opinion that this is one of those instances. The proposal outlined herein is an opportunity for the City to acquire a private road for which it has inherited some maintenance responsibilities, but has faced significant challenges in being able to service properly given the ownership issue. Not only could future maintenance be facilitated, but until such time as the road is improved, an alternate access point would be provided via the Arthurs Road. A number of variances which are considered relatively minor in nature are necessary to allow the concept to proceed, but neither the overall subdivision configuration nor individual lots would be inconsistent with the established development pattern of the surrounding area. Consequently, Staff can recommend the necessary assents and variances as detailed in the Staff Recommendation. PF Project No, 12 -214 266 PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPENIENT t t i y�tlry ,• F`Ady� A � , -2 I t t Z� rr t R_ -2M rrr i RF r 1: rr ♦��rA Subject Site / Site en question: G PID(s) ! NIP(s): 55163133 Location: 210, chemin Lawrence Long Road Date: July / juillet 18, 2012 Scale / 6chelle: Not to scale / Pas A I'6chelle 267 4061: J��UR ROW r,Q yr M KEY PLAN SCALE: 1:20,000 10.11 .°IaIY »r. tilk lM ■�q�'{� .df�.'A� Ytlsd Y111wwIUa.. �( �r11.1'^ • _ �M^� OTN.�p1 .I+IS �ryi�i I-,r � o W LOO. .YLbL ► � /`` WT e9µ. s °..q� o� r w w m ..o"drrr 11Crw�=m n.yr RS�� t� �y�i t i n r Ir ► r.A .. ,...,. w r w w w- p Wit= ,13 LOT 08 -09 x 0 � w YYm� Y e•e1r ne.l ww. ..�.� • rrr P 1 w.. ' °wY .1w1+ 1 ° rP � 1p,14 LOT 08-02 mm P � r^` �• •` � � of r. C.��•yrt�ti .�.. )� . � � i � ^. i IYt Y r�iwY,•� % Y� Sn 1 LOT 08-01 a, - � LOT 08 -03 � '1� -�'' -� Tb�. p....x.i•.........1.1...3...Ir . r f } ✓ ; 5 p '_I y�5 .� b.e 1p°° +H� 4i -0O Ipl h� Y 1 V V .r1 Y IIN=p . m.n V aFM a � .� ° m Im.sr m . � I�y Y pwM � °1a I1a j pmr rw wprwr .w. l.lmw. � I '° � 1•�•�,,,1."+°b P ' �� LOT 08 -05 LOT 08 41 (t ••� • •• • - •«• Oii «. P � ° .Iro° - uw .wn g w.. - 1J D�NYM19 LONG � ,/ � • I e 1e1•nss t- ROAD lPMot.7sl LOT08 -04 Wa TENTATIVE SUBDIVISION PLAN \ 1' xs. U � �_— DA °h�.` A t,;. • �r >� PASTURE HILL ESTATES SUMMON yA '• 1 2 1 Y LOTS 0"1 TO 0849 INCLUSIVE LOT 08 -06 �w P/LSNR7 HILL ROAD. CITY OF S4W JOHN. sue" 1 tY%y1,a�ysriep 7P�' op �L7� w o°ypp COUNTY OF SLANT "IN. PROVINCE OF NEW BRUNSMOX. / O 1 F;w 1.•.1,1® & is f /' \ 9 a� y q %10 -f/ e1s 'E' �� 4491 N b •/Clam Om➢Ylm mcm IOU uc om w somUL� SI NIM 120041 LTD rrr o.a xs P+- PppCfl m .v Owg No. 20720420 014 4061: MM506 6420702 Purchasing whsoc August 15, 2a 12 Patrick Foran Planning Officer 07:50:44 p.m. 08 -14 -2012 212 We are writing with regard to the variances requested by the 210 Lawrence Long Road - proposed subdivision, The Lawrence Long Road is a narrow road that has never been brought up to the Local Street Standard of 66 feet wide. This should be done before more building lots are put on the Lawrence Long Road, this road should to updated to Local Street Standard of 66 ft wide before considering a traffic change to the Arthurs and the Acamae Beach Road, which has a narrow hair pin turn that (should be updated) 2 cars can barely meet and pass with the existing traffic. This corner (Acamae Beach Road) should be brought to Local Street Standard or there should be no increased traffic burden. With the new construction, heavy trucks and equipment will be put on the Arthurs and Acamac Beach Roads, which will be risking lives on that dangerous narrow turn. With regard to the sidewalks, the electrical wires on top of ground not under, land for public use, who if not the applicant will be paying for these things. Will it be a financial burden on the People of the City of Saint John? No improvements have been done to the Arthurs Road, Acumac Beach Road or Lawrence Long Road since at least 1989. Before you make your final decision, please take this into consideration. Yours Sincerely Nora Oliver Frank and Kathy Oliver Janice Oliveru� 7,� -,:D 7 7 b 269 Peter Campbell 241 Arthurs Road Saint John, NS E2M 6A3 August 20, 2012 Members of the Planning Advisory Committee; I am writing in response to the staff report to the committee regarding the proposed subdivision and variances at 210 Lawrence Long Road. I do not have any objections to the development in general, however I do object to two of city staff's recommendations in its report ( #3 and #6) that the city accepts cash -in -lieu of the required Land for Public Purposes. I disagree with the analysis on page 9 that the proposed parcel of land it would be of "little benefit to the community if it were accepted ". While the parcel of land the developer has proposed represents just a portion of what is required, it would at least provide a small public space and water access to area residents, which we currently do not have. If the parcel of land was to be made larger, as is required without the requested variance, it would be of even greater benefit to the neighbourhood and could perhaps in the future be developed into a small community park. I therefore suggest that the city accept land for Public Purposes from the developer and the committee consider recommending that the parcel of land be enlarged and not eliminated from this development. Regards, e', 6, � Peter Campbell 270 rli9 f I The City of saint John September 10, 2012 Deputy Mayor and Councillors: Subject: Committee of the Whole — Recommended Appointments to Committees "RESOLVED that the Committee of the Whole having met on September 4th, 2012 recommends the following appointments to committees: Fundy Region Solid Waste Commission: to appoint Councillor McAlary for a term from September 10, 2012 until the end of her current term on Council. Saint John Parking Commission: to appoint Councillor Reardon for a term from September 10, 2012 until the end of her current term on Council. Trade and Convention Centre Oversight Committee: to appoint Councillor Merrithew for a term from September 10, 2012 until the end of his current term on Council. Saint John Airport Inc.: to nominate Jonathan MacKenzie and Ross Jefferson for consideration by Saint John Airport Inc. for a three year term in compliance with By -law #1 of Saint John Airport Inc. Uptown Saint John: to appoint Councillor Reardon for a term from September 10, 2012 until the end of her current term on Council. Council -Saint John Water: to appoint Mayor Norton and Councillors Merrithew, MacKenzie and McAlarey each for a term from September 10, 2012 until the end of their current terms on Council. Saint John Industrial Parks: to appoint Patrick McCaffrey for a three year term from September 10, 2012 to August 27th, 2015. Council Finance Committee: to appoint Councillor Fullerton for a term from September 10, 2012 to the end of her current term on Council. Fundy Trail Development Authority Inc: to appoint Graeme Stewart - Robertson for a three year term from September 10, 2012 to September 10, 2015. .',AIlNT 1011 IN P.O. sox 1 971 Saint. John, NB C anAa E2L 4L7 , www saHtJohn.Ca I \-.1' '1971 Saint Jahn N. -B. Canada E2L 40 271 Planning Advisory Committee: to appoint Patrick Beamish replacing Erik Kraglund for a term from September 10, 2012 until January 1, 2013; and re- appoint Morgan Lanigan for a term from September 10, 2012 to January 1st, 2015. City of Saint John Non- Profit Housing Committee: to appoint Councillor Strowbridge for a three year term from September 10, 2012 to the end of his current term on Council. Jeux Canada Games Foundation: to appoint Councillor Norton for a term from September 10, 2012 to the end of his current term on Council and to re- appoint Dale Knox for a term from September 10, 2012 to August 27th, 2015_ Saint John Emergency Management Organization: to appoint Mayor Norton, Deputy Mayor Rinehart, Councillor Mackenzie and Councillor Strowbridge for a term from September 10th, 2012 to the end of their current terms on Council; and Chief Clifford for a two year term from September 10th, 2012 to September 10th, 2014. PRO Kids: to appoint Councillor Mackenzie and Councillor Snook for a term from September 10, 2012 to the end of their current terms on Council; and to appoint Rob Scott and Andrew Miller for a term from September 10, 2012 to December 31st, 2014. Saint John Free Public Library: to appoint Susanne Daley for a three year term from September 10, 2012 to September 10, 2015. Saint John Board of Police Commissioners: to appoint Councillor Norton for a two year term from September 10, 2012 to September 10, 2014; and to appoint Councillor MacKenzie for a term from September 10, 2014 to the end of his current term on Council. Sincerely, Mel Norton Mayor 272 Cement on �r w August 8, 2012 The Honourable Mel K. Norton Mayor of St. John 257 Princess Street St. John, NB E21- 1 L4 Dear Mayor Norton, and Members of Council: CONCRETE even smarter than you think- My name is Michael McSweeney and I am the President and CEO of the Cement Association of Canada. The Cement Association of Canada represents Canada's eight cement manufacturing companies and their concrete facilities. Our members are committed to helping build sustainable and smart communities and, together with our concrete partners, are providing new and innovative solutions for greener and more cost effective infrastructure solutions. This fall I will be travelling across Canada and meeting municipal leaders to discuss these solutions. Cement and concrete are central to the structures in which we work, live and play. They are indispensable in providing solutions for infrastructure such as buildings, roads, bridges, transit systems, and even water and sewage treatment facilities, all key elements of sustainable and smart communities across Canada. Concrete provides families with the comfort of knowing that they live in a safe, durable and resilient community. This is why I am writing to you today. I would like to extend an invitation to yourself, your councillors and your city manager, or anyone else in your administration who you would think might benefit, for a one hour breakfast or lunch session to discuss some of the new and innovative sustainable products our industry has and how they can help save your municipality precious tax dollars. I will be in the area between October 15th and October 18th and would enjoy the opportunity to sit down and talk with you and the other officials and staff in the municipality of St. John. During this meeting I will be able to share with you strategies for saving municipal tax dollars and how your city can become more sustainable. I hope that through this conversation we can both come away with a better understanding of how concrete can better serve your community. Please let me know if your schedule can accommodate any of the aforementioned dates. If you have any questions, or would like to contact me directly, my contact information is below. I look forward to hearing from you. Sincerely, 4-a.4 .Q r3. P� Michael McSweeney President and CEO Cement Association of Canada mmcsween ey @cement. ca (613) 236 -9471 ext. 206 502 -350 rue Sparks Street, Ottawa, Ontario K1 R 7S8 Tel: (613) 236 -9471 Fax: (613) 563 -4498 www.cement.ca 273 River Road Community Alliance, Inc. 311 Bay Crescent Drive Saint John, NB E2M 6M1 August 31, 2012 Mayor Mel Norton Members of the Saint John Common Council Office of the Common Clerk P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Norton and Councilors: I am writing on behalf of the River Road Community Alliance, Inc.(RRCA) to ask permission for a representative from our organization to make a brief presentation before Council in September or October 2012. As you know, the RRCA is a community organization dedicated to improving the quality of life in the area from South Bay through Martinon. The RRCA is committed to continuing our fine working relationship with City Staff and Councilors. For the benefit of new Councilors, we would like to speak about and illustrate the positive work that the City has already done and discuss the next phases of the project. We would also like to clarify these points through a power point presentation. We look forward to meeting with you and discussing the ways we can continue working in cooperation with staff and Council to enhance the quality of life in our area. Yo-urns truly, Roberta W. Lee, Secretary River Road Community Alliance, Inc. 274