Loading...
2013-04-29_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, April 29, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of April 15, 2013 1 -5 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Saint John Cycling Presentation of In -Kind Cheque to City 6-17 9. Public Hearings 9.1 Proposed Zoning ByLaw Amendment - 60 Church Ave. 18-21 9.1.1 Planning Advisory Committee Report Recommending Rezoning 22-31 Powered By: Sow- 1 2 9.2 Proposed Section 39 Amendment - 290 Ludlow St. 32-32 9.2.1 Planning Advisory Committee Recommendation 33-41 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment - Lorneville Harbour 42-43 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Lifeguard Services City Beaches 44-46 12.2 Legislative Modernization: Engagement and Feedback Plan (April - August 47-76 2013) 13. Committee Reports 13.1 Planning Advisory Committee: Street Vesting 446 & 447 Woodward Ave. 77-83 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Presentation: Local Governance Reform Update: Legislative Modernization 84-94 (Final) 17. Committee of the Whole 17.1 Committee of the Whole: Recommended Appointments to a Committee 95-95 17.2 Committee of the Whole: Recommended Appointments to Committees 96-96 17.3 Committee of the Whole: King Edward VII Memorial Bandstand in Kings 97-100 Square 17.4 Committee of the Whole: Investigative Solutions Network ( "ISN ") Contract 101 -101 17.5 Committee of the Whole: Investigative Solutions Network re: Spokesperson 17.6 Committee of the Whole: Cox & Palmer - Easement 102-104 18. Adjournment 2 City of Saint John Common Council Meeting Monday April 29, 2013 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. 8t" Floor Boardroom City Hall 1.1 Nominating Committee 10.2(4)(b) 1.2 Nominating Committee 10.2(4)(b) 1.3 Nominating Committee 10.2(4)(b) 1.4 Financial Matter 10.2(4)(c) 1.5 Personal Matter 10.2(4)(a,b) 1.6 Negotiation 10.2(4)(c) 3 The City of Saint John Seance du conseil communal Le lundi 29 avril 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffi&c 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 pr&vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet &gard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Comit6 des candidatures — alin6a 10.2(4)b) 1.2 Comit6 des candidatures — alin6a 10.2(4)b) 1.3 Comit6 des candidatures — alin6a 10.2(4)b) 1.4 Question financiere — alin&a 10.2(4)c) 1.5 Question relative au personnel — alin&as 10.2(4)a), b) 1.6 N&gociations — alin&a 10.2(4)c) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal du 15 avril 2013 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 Saint John Cycling Club — Presentation des dons en nature et un cheque de la Ville 9. Audiences publiques 9.1 Projet de modification de 1'Arrete de zonage visant le 60, avenue Church 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2 Modification proposee aux conditions imposees par Particle 39 visant le terrain situe au 290, rue Ludlow 9.2.1 Recommandation du Comite consultatif d'urbanisme 10. Etude des arretes municipaux 10.1 Proposition de modification du plan municipal — Port de Lorneville 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Services de sauvetage — Plages municipales 12.2 Modernisation legislative : Plan de mobilisation et de retroaction Plan (avril a aout 2013) 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Devolution de terrains a titre de rue visant les 446 et 447, avenue Woodward 14. Etude des sujets &art& des questions soumises a I'approbation du Conseil 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Comite plenier : Recommandations denominations pour sieger au comite 17.2 Comite plenier : Recommandations de nominations pour sieger aux comites 17.3 Comite plenier : Kiosque a musique commemoratif du roi Edouard VII a King's Square 17.4 Comite plenier : Contrat d'Investigative Solutions Network ISN 17.5 Comite plenier : Investigative Solutions Network (ISN) — Porte - parole 17.6 Comit6 pl6nier : Cox & Palmer — Acquisition d'une servitude 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 15, 2013/LE 15 AVRIL 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 15, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton and Reardon - and - B. Edwards, Commissioner of Transportation and Environment Services / Acting City Manager; M. Tompkins, Solicitor; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner; C. Graham, Acting Commissioner of Finance /Comptroller; K. Clifford, Fire Chief; D. Cowan, Police Sergeant; J. Taylor, Assistant Common Clerk; and J. Beltrandi Chown 1. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Doug Moore from Kings Way Assembly offered the opening prayer. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the agenda of this meeting be approved with the addition of item 17.1 Committee of the Whole: Settlement Terms — Pomerleau Inc. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Fullerton disclosed a conflict of interest with item 10.1 Third Reading Proposed Zoning By -Law Amendment 4207 -4211 Loch Lomond Road, and item 10.1.1 Section 39 Conditions. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 067: Engineering Services: Prince William Street (Princess Street to Duke Street) Street Reconstruction, the proposal from CBCL Limited for engineering design and construction management services in the amount of $143,820.75 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.2 That as recommended by the City Manager in the submitted report Great West Life Online Access Service Agreement, Common Council authorize the Mayor and Common Clerk to sign the client access agreement between the City and Great West Life. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 069: Adding Topsoil and Grass Seed to Vacant lots after a Dangerous Building has been Demolished by the City, Common Council direct staff to proceed with a pilot program where a demolition site has topsoil and grass seed added after a City demolition under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law as detailed in this report — M & C 2013 -069. 5.4 That the report M &C 2013 -065: Nick Nicolle Community Centre Revitalization — Project Update be received for information. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 070: Mispec Park — Demolition of Canteen Building and Shed Common Council: 1) Authorize the demolition of the canteen building and shed at Mispec Park; and 97- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 15, 2013/LE 15 AVRIL 2013 2) Award the work associated with the demolition and disposal of the canteen building and shed at Mispec Park to Galbraith Construction Ltd. for the quoted price of $4,915.50 (including HST) to be completed in conjunction with the shoreline remediation and protection project. 5.6 That as recommended by the City Manager in the submitted report M &C 2013- 068: Amendment to Conditions for Offers of Purchase and Sale Portions of Civic #40 and #42 Loch Lomond Road: 1. That Common Council resolution of February 25, 2013 be amended by deleting reference to 516111 N.B. Ltd. at paragraphs 1 a) and 1 b) in the resolution replacing it with "640108 N.B. Ltd." and further that both offers of purchase and sale referred to in the February 25, 2013 resolution of Common Council be amended to reflect a closing date of June 30, 2013. 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. On motion of Councillor McAlary Seconded by Councillor Reardon 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 7.1 Immunization Awareness Week - April 20 -27, 2013 The Mayor proclaimed the week of April 20 -27, 2013 Immunization Awareness Week in the City of Saint John. 8. Delegations /Presentations 8.1 The Procurement Process for Public Tender Calls and Requests for Proposals Referring to a submitted presentation, Cindy Calvin, Manager of Materials and Fleet, provided an overview of the procurement process for public tender calls and requests for proposals. On motion of Councillor MacKenzie Seconded by Councillor Merrithew RESOLVED that the presentation entitled The Procurement Process for Public Tender Calls and Requests for Proposals be received for information. Question being taken, the motion was carried. (Councillor Fullerton withdrew from the meeting) 10. Consideration of By -laws 10.1 Third Reading Proposed Zoning By -Law Amendment 4207 -4211 Loch Lomond Road 10.1.1 Section 39 Conditions On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -211, A Law to Amend the Zoning By -Law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 1278 Square metres, located 2 97- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 15, 2013/LE 15 AVRIL 2013 at 4211 Loch Lomond Road, also identified as being PID numbers 55091524 and 00353409, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110-211, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. (Councillor Merrithew withdrew from the meeting) On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act: Common Council amend the Section 39 conditions imposed on the July 22, 1985 rezoning of a parcel of land with an area of approximately 3840 square metres, located at 4207 Loch Lomond Road, also identified as PID Numbers 55043830, 55043848, 00350835 and 55043855, to permit the proposed expansion of the existing building and to permit a liquor store, subject to the following conditions: a) The floor area devoted to retail uses within the existing building and proposed addition shall be limited to a maximum of 350 square metres. b) The proponent must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs where necessary to protect the landscaped areas to facilitate proper drainage within one year of the issuance of a building permit. c) All disturbed areas of the site not occupied by the buildings, driveways, walkways, parking or loading areas must be landscaped by the proponent within one year of the issuance of a building permit. The landscaping must extend onto the City street right -of -way to the edge of the travelled road. d) The applicant's engineering consultant must submit a detailed grading /storm water management plan /design brief for the proposed addition to the City's Chief Engineer or his designate for review and approval. 2. That, pursuant to Section 39 of the Community Planning Act, the parcel of land with an area of approximately 1278 square metres, located at 4211 Loch Lomond Road, also identified as PID numbers 55091524 and 00353409, shall only be used in conjunction with, and subject to the same conditions as the adjoining land having PID numbers 55043830, 55043848, 00350835 and 55043855. Question being taken, the motion was carried. On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -211, A Law to Amend the Zoning By -Law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 1278 Square metres, located at 4211 Loch Lomond Road, also identified as being PID numbers 55091524 and 00353409, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business, 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 -211, A Law to Amend the Zoning By -Law of The City of Saint John ". (Councillor Fullerton and Councillor Merrithew re- entered the meeting) 3 97- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 15, 2013/LE 15 AVRIL 2013 10.2 Public Presentation - Proposed Municipal Plan Amendment 220 Glen Rd A public presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule "A" of the Plan, from "Rural Resource Area" (Outside of the Primary Development Area) to "Stable Area" (within the Primary Development Area) a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as PID number 00420386 and a portion of PID number 00300855; and Re- designate, on Schedule "B" of the Plan, from "Rural Resource (outside of the Primary Development Area) to "Stable Residential (within the Primary Development Area), the same parcel of land, to permit the expansion of the existing mobile home park. 12. Business Matters - Municipal Officers 12.1 City Manager: Asbestos Management Program for City -Owned Buildings Trevor Gamblin, Manager of Facilities Management, advised that when a building is known to contain asbestos then the Occupational Health and Safety Act requires that an asbestos management program be implemented. He added that it may not be necessary to remove all the asbestos, but rather to identify the whereabouts and the condition of the asbestos. Responding to a question, Mr. Gamblin stated that the City has provided asbestos awareness training to those employees who work in buildings that are known to contain asbestos. He added that facilities management personnel received asbestos management training. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -066: Asbestos Management Program for City -Owned Buildings Common Council adopt the Asbestos Management Program attached under M &C 2013 -66 and direct its implementation. Question being taken, the motion was carried. 15. General Correspondence 15.1 Harbour View Chorale Ensemble - Request for Funds On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the request for funds from the Harbour View Chorale Ensemble be received for information. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Settlement Terms — Pomerleau Inc. Mr. Edwards explained that the settlement was in response to a disagreement between the City and the contractor with respect to finalizing payments for the construction of the police facility, adding that he is very satisfied with the proposed agreement. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the Committee of the Whole, having met April 15, 2013, Common Council approve the submitted settlement agreement with Pomerleau Inc. regarding all outstanding claims for construction of the Police Headquarters and that the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried. 18. Adjournment 4 97- COMMON COUNCIL /CONSEIL COMMUNAL APRIL 15, 2013/LE 15 AVRIL 2013 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the April 15, 2013 meeting of Common Council be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:30 p.m. Mayor / maire Assistant Common Clerk / greffier communal adjoint 5 2012 Trail Maintenance In -kind donation to the City of Saint John April 29, 2013 Saint John Cycling is a non - profit club whose goal is to connect cyclists and work together to enjoy and enhance cycling in the Saint John area. In 2012, through co- operation with the SJ Leisure services department, club members volunteered many hours improving the trail network within Rockwood Park. The club also hosted an IMBA (International Mountain Bicycling Association) course to teach those volunteers the proper methods of building sustainable trails. The feedback from other users of the park has been very encouraging. The follow pictures show examples of the trail maintenance that the club performed last year. 6 1 IMBA Trail Solutions Workshop To ensure that the volunteers have the proper skills to build and maintain sustainable trails, in May 2012 the SJC club (with assistance from the Government of NB and SJ Leisure services) hosted an International Mountain Bicycling Association Trail Solution workshop. The three day workshop was attended by 35 people and involved both classroom and field work. 7 2 Grubbing : raking /' Armouring i'.,- U-I t M k First step in building new trail is to rake and grub the surface Armouring involves the use of rocks to form a sustainable path in areas where the terrain is prone to erosion. 8 3 smiling Still after two days of - work A, Despite the drizzle the crew were all smiles after two days of moving rocks and dirt. 9 4 Sweetness is one of the signature trails in the park. The existing bridge was broken and required replacement. Before picture - bridge falling apart in center and is narrow After picture -Spans the waterway -Wider and made more robust Lower Picture -A small number of people can make a big difference!! 10 5 Long Lake Trail Before ' I Af ter Long Lake is one of the original Rockwood trails and is a main hiking and biking corridor. Before picture: - Original bridge -Over time the boards began to separate, dangerous for cyclists After picture: - Replaced with a standard bridge construction -Many hands make light work! 11 6 Long Lake Trail Before After 9e _ A 1 a. 4 't Bridges over wet areas enable the natural wetland to recover. Before picture: - One of many bog areas -In spring, hikers have to traverse through 6" of mud. After picture: - Wide decking - First ride across bridge! 12 7 International • bay 2012 INTERNAT Ma h " \k i International Trails Day is an annual nation wide celebration of trails, trail development and the healthy lifestyle they encourage. It is celebrated each year on the first Saturday in June. The 2012 project involved replacing an existing bridge spanning a waterway on the Crystal Lake trail with a more robust design capable of withstanding the demands of multiple park users. 13 8 Improvements are made with multi -users in mind. 14 Helpers of all ages & abilities �` wr G f owl The build days bring out a range of people. Family members have made a day of it. The young adult in the lower left picture was new to the Saint John area and was looking for a way to meet people. He had never swung a hammer before, but with a bit of basic carpentry guidance he hammered nails for hours! 15 10 Yes, even teenager sightings are possible! 16 11 Many thanks to the City of Saint John for granting access as well as providing support for trail building endeavors. We believe that Rockwood park is the heart of the city's recreation activities and we look forward to doing our part to help improve the trail network. For cyclists, Rockwood park is our version of Disney Land! We ask of council to accept this in -kind donation cheque based on the clubs 600 volunteer hours in the park. 17 12 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: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as being PID No. 00036632, from "IL -1" Neighbourhood Institutional to "R M -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. 2013 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a ddcrdtd ce qui suit. L'arr&h sur le zonage de The City of Saint John, decrdtd le dix -neuf (19) ddcembre 2005, est modifid par: I La modification de I'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 1 125 metres carrels, situee au 60, avenue Church, et portant le NID 00036632, de zone de quartier a vocation collectif « IL -1 » a zone d'ddifices a logements multiples de trois stages « RM- 1» - toutes les modifications sont indiquees sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arr&6 le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 18 ON1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.00 in. Sales Rep: Elizabeth Cook PROPOSED ZONING BY4AW AMENDMENT RE: 60 CHURCH AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, April 29, 2013 at 7 :00 p.m., by: Rezoning a parcel of land having an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as being PID No. 00036632, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit a six family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Assistant Common Clerk 648 -3703 PROJEll' DE vARRETE MODIFICATION UR LE ZONAGE E OBJET 60, AVENUE CHURCH Par les pr6sentes, un avis public est donne par lequej le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arr to sur le zonage de The City of Saint John, Tors de la reunion ordinaire qui se tiendra clans la salle du conseil le lundi 29 avrll 2013 A 19 h : Rezonage d'une parcelle de terrain d'une superfide d'environ 1 125 metres carr6s, situ6e au 60, avenue Church, et portant le NID 00036632, de zone de quartier h vocation collectif « IL -1 , a zone d'6difices h logements multiples de trots etages RM -1 ». RAISON DE LA MODIFICATION: Permettre une habitation de six Iogements. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d&eloppement A I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du iundi au vendredi, sauf ies jours f6ri6s. Veuiliez faire part de vos objections au projet de modification par 6crit A I'attention du soussign6 A I'h6tel de ville. Si vous avez besoin des services en fran4ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal adjoint 648 -3703 Ad Number: A62227 Ad ID: 6333563 Current Date: Mar 22 2013 11:09AM Start Date: 4/2/2013 End Date: 4/2/2013 Color: B/W Client Approval OK ❑ 19 Corrections ❑ VI r' P 4 D � 1 w° �• - tea" N k 1 _ ID63Z - '"' New 6 -uorr 3 =sToul _ Rio / x 4 OT �D f•' � � � ti:v '�I t _ sowo - - j�PoR��D A FV�toPM NT' (o -u Orr, Ga UN u2ua WE 4J. 20 rM 12 'f F" 7. 'Lol•3 .. SIs+1 6 '✓ ' r i �'� MVISW 15 MWA 7013 lid A 4?PQI)K,& 7A b E UkIt 4 1:3 TIC, I E I 21 Planning Advisory Committee April 17, 2013 Your Worship and Councillors: P.O. Box 1971 506 658- -2800 Saint john New Brunswick Canada E2L 4L1 SUBJECT: 60 Church Avenue Rezoning and Variance Application On April 2, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 16, 2013 meeting. Danny Bailey and Kevin Cosgrove, the applicants, were in attendance at the meeting and were in favour of staff's recommendation. rR� Ai: City of Saint John Grant Clark, a resident living adjacent to the subject site, appeared before the Committee to express his concern with the potential proximity of the proposed development to his property at 54 Church Avenue. Mr. Clark stated that he was unable to discern from the site plan exactly how close the proposed dwelling would be to the side lot line, and would therefore like to be assured that the required setbacks would be met. Mr. Bailey stated that the site plan shows a setback of approximately 13 feet, and assured Mr. Clark that he and his partner planned on having the property surveyed and meeting the side yard setback requirements. In addition, the Committee approved the requested variance to reduce the required number of off - street parking spaces to a minimum of six, whereas the Zoning Bylaw requires a minimum of eight off - street spaces for a six -unit dwelling in the "RM -1" Three Storey Multiple Residential zone. After considering the report, comments made by the applicants and the concerns raised by the neighbour, the Committee approved the requested variance and recommended approval of the rezoning of the property from "R -2" One and Two Family Residential to "B -1" Local Business, subject the conditions set out below. 22 Pa RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as a portion of PID No. 00036632, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as being PID No. 00036632, be subject to the following conditions: a. The site shall not be developed except in accordance with detailed elevation plans and a detailed site plan illustrating the location and treatment of the building, driveway and parking area and landscaped areas, to be prepared by the proponent and subject to the approval of the Development Officer. The required plans must be attached to the building permit for the development; and b. All work shown on the site plan and building elevation plans must be completed by the proponent within one year of the rezoning of the subject site; Respectfully Chair 1► Project No. 13 -054 23 The City of Saint John DATE: APRIL 12, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & DEVELOPMENT SERVICES FOR: MEETING OF APRIL 16, 2013 PREPARED BY: REVIEWED BY: / 9 _f V P - - od e Mark Reade, P. Eng., MCIP, RPP Planner Senior Planner SUBJECT: Name of Applicant: Kevin Cosgrove and Danny Bailey Name of Owner: Kevin Cosgrove and Danny Bailey Location: 60 Church Avenue PID: 00036632 Municipal Plan: Stable Residential Zoning: Existing: "IL -1" Neighbourhood Institutional Proposed: "RM -1" Three Storey Multiple Residential Proposal: To rezone the subject property to facilitate the construction of a six -unit rental dwelling. Type of Application: Rezoning and Variance to reduce the number of off - street parking spaces to six, whereas the Zoning Bylaw requires a minimum of eight spaces. C10411 . SAINT JOHN i?O. Box 1971 Saint john, NB Canada t_2L29 www.saintjohn.ca ! CA 1971 Saint John, NA. Canada E2L 4L1 Kevin Cosgrove and Danny Bailey 60 Church Avenue JURISDICTION OF COMMITTEE: Page 2 April 12, 2013 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 recommendation will be considered by Common Council at a public hearing on Monday, April 29, 2013. 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: 1. That Common Council rezone a parcel of land with an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as a portion of PID No. 00036632, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1125 square metres, located at 60 Church Avenue, also identified as being PID No. 00036632, be subject to the following conditions: a. The site shall not be developed except in accordance with detailed elevation plans and a detailed site plan illustrating the location and treatment of the building, driveway and parking area and landscaped areas, to be prepared by the proponent and subject to the approval of the Development Officer. The required plans must be attached to the building pen-nit for the development; and b. All work shown on the site plan and building elevation plans must be completed by the proponent within one year of the rezoning of the subject site,- That the Planning Advisory Committee grant a variance to reduce the number of required off - street parking spaces to six, whereas the Zoning Bylaw requires a minimum of eight. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of the application. Infrastructure Development has the following comments: • Municipal water and sanitary sewer is aN ailable on Church Avenue. There is no municipal storm sewer available. • It is the responsibility of the owner's engineering consultant to verify grades of the existing mains to accommodate gravity connections for the new services. Due to the proposed elevation of the ground floor units a private sewage pump may be required — the owner will have to 25 Kevin Cosgrove and Danny Bailey Page 3 60 Church Avenue April 12, 2013 verify. A site servicing plan and design brief must be submitted by the owner's engineering consultant to the City for review and approval. • It is the responsibility of the owner's engineering consultant to submit detailed site (including width of proposed driveway access), grading and storm drainage plans and design brief to the City for review and approval. • There is an existing retaining wall adjacent to Church Avenue that is providing support to the sidewalk on Church Avenue. From the application it is unclear if this retaining wall structure is to remain. If the retaining wall is removed the owner must ensure that suitable support is provided for the existing sidewalk on Church Avenue. • The existing fence adjacent to Church Avenue has a gap where the previous building (since demolished) accessed Church Avenue. Due to the difference in elevation between the property and the sidewalk on Church Avenue, the owner must ensure that there is a suitable barrier or fence installed along the front property line. • City approved water meter and appropriate backflow prevention must be installed by the owner. • It is the responsibility of the owner to provide for solid waste collection. • All parking to be provided for off street. • The applicant is responsible for obtaining all necessary municipal permits. Inspection & Enforcement Service has no Building Code concerns with the proposal to construct the 6 unit residential building. Inspection & Enforcement Service assumes that the proponent is aware that the previous building was demolished and that there may be residual effects from that building on the site. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of the application. Rogers has been advised of the application. Saint John Energy has been advised of the application. Saint John Fire Department has been advised of the application. ANALYSIS: Site and Neighbourhood The subject property is located on Church Avenue in the Fairville neighbourhood on the City's West Side. The area contains a mixture of residential densities from single - family homes to multi -unit dwellings. The property is located across the street from the Lancaster United Baptist Church, and approximately 180 metres from the intersection at Main Street West. The western side of Church Avenue also contains various commercial land uses, including Fairville Plaza, an Esso gas station and the former post office (now owned by Commercial Properties). The eastern side of the street is more residential in nature, with a few commercial properties near the intersection at Main Street West. The subject property is a relatively large lot in the context of the adjacent neighbourhood, with approximately 30.5 metres of street frontage and an area of approximately 1,125 square metres. The site was the previous location of the Torch for Truth Tabernacle Church, which was demolished after a fire in 2012. Kevin Cosgrove and Danny Bailey 60 Church Avenue Page 4 April 12, 2013 Proposal The applicant is seeking to rezone the above property from "IL -1" Neighbourhood Institutional to "RM- 1" Three Storey Multiple Residential. The purpose of the rezoning is to facilitate the construction of a six -unit residential dwelling on the site (see attached plan). The proposed rezoning also requires a variance to reduce the required number of off - street parking spaces to a minimum of six, whereas the Zoning Bylaw requires a minimum of eight spaces for a six -unit dwelling in the "RM -1" zone. Municipal Plan The subject property is located in the "Stable Residential" designation on the City's Future Land Use map. The areas of the City subject to this designation are meant to evolve naturally in keeping with the context of their surrounding neighbourhoods, providing infill developments that lend to the stability of the community. As Section 2.3.4 of the Plan states, "Stable Areas are not expected to experience major development, although they will evolve incrementally and organically and in keeping with the existing neighbourhood character in order to accommodate appropriate infill development to support complete communities." The proposed six -unit residential development is reflective of the surrounding neighbourhood in the density it offers and would not appear out of context. This area of the Fairville neighbourhood is predominantly zoned "RM -1" Three Storey Multiple Residential, which allows for higher levels of residential density. Increasing the number of residential units in areas adjacent to commercial nodes or corridors, such as Main Street West, is typically supported in planning practice as it helps maintain the viability of the neighbouring commercial operations and creates one of the necessary ingredients in building a complete community. Site Development and Variance The site plan submitted by the applicant illustrates well - designed layout of the proposed building and parking area. As with other dwellings on Church Avenue, the proposed building is situated close to the front lot line, which conforms to the built character of the neighbourhood and is consistent with current planning practice. The proposed infill development requires a variance to reduce the number of proposed off - street parking spaces to six, whereas the Zoning Bylaw requires a minimum of eight spaces for a six -unit dwelling in the "RM -1 " zone. The generous size of the lot is adequate for providing eight off - street parking spaces as required by the Zoning Bylaw. However, the applicant is seeking to reduce the number of parking spaces in order to preserve a number of older trees at the rear of the lot and maximise the usable green space for future tenants. The provision of one space per unit is consistent with the "RM -IF" Multiple Residential Infill zone, which is a zone common to the North and South Ends. The built form of the subject neighbourhood, close to Main Street West and with a mix residential density, shares some similarities to these other urban neighbourhoods. The property is near a West Side transit route and is in walking distance to a number of shops, schools, daycares, places of worship and restaurants, which provides alternative transportation options, potentially reducing the need for local residents to own a vehicle. With access to these amenities, and considering the direction of the Municipal Plan to support active modes of transportation, staff can support the requested off -street parking variance. 27 Kevin Cosgrove and Danny Bailey 60 Church Avenue Page 5 April 12, 2013 The applicant has been advised of the comments made by Infrastructure Services with regards to the existing retaining wall and the provision of a suitable barrier along the front property line, along with the standard set of comments made regarding the servicing of the site. CONCLUSION: The proposed rezoning from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential to facilitate the construction of a six -unit rental dwelling is consistent with the surrounding neighbourhood and complies with the policy direction set out in the Municipal Plan. The proposed development requires a variance to reduce the number of off - street parking spaces to six. Both the rezoning and the variance can be supported by staff for the reasons outlined in this report. JK Project No. 13 -054 W PLANNING AND DEVELOPMENVURBANISIVIE ET DtVELOPPEMENT 00. 53 114 63 64 0 64 35 0 ;�-O, 0 0 65 79 t .^ 5 83 UP 78 77 76 7 5 74 59 7 000% 76 0 74 '000 72 70 6 4 6 2 5 5 87 85 A. LCI 54 83 A, 50 45 81 38 538 A. 4 A, e 20 4f, 17. Subject Site/site en question: PID(s)/iT—P(s): 36632 Location: 60 Church Avenue Date: March 26, 2013 Scale/i6chelle: Not to scale/Pas A 1'6chelle 29 rvapt5c-r-> t> ivp-to Fli-I p KT.' / -f 1.1 er 1/_ - I... n 1. 1 1, . . . WO sm Is MoUi ?M3 Frbr>o&r-r> 6 - I-T s 42'0 /:,�jWr2eH A-,(WWL 31 :1 lk F Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.00 in. Sales Rep: Elizabeth Cook PROPOSED SECTION 39 AMENDMENT RE: 290 LUDLOW STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, April 29, 2013 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the March 25, 1985 and November 19, 2012 rezoning of the property located at 290 Ludlow Street, also identified as PID Nos. 00365106 and 00365098, to permit a revised proposal. REASON FOR CHANCE: To modify condition (i) of Council's resolution of November 19, 2012 concerning the submission of a detailed drainage plan for the property. 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. Jonathan Taylor, Assistant Common Clerk 648 -3703 PROJET DE MODIFICATION DE UARTICLE 39 OBJET: 290, RUE LUDLOW Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se fiendra dans la salle du conseil le lundl 29 avril 2013 h 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de I'article 39, le 25 mars 1985 et le 19 novembre 2012, relativement au rezonage de la propri06 situ6e au 290, rue Ludlow, et portant les NID 00365106 et 00365098, pour permettre fa presentation d'une proposition r&isee. RAISON DE LA MODIFICATION; Modifier la condition (i) de la resolution du Conseil du 19 novembre, 2012 concemant la soumission d'un plan de drainage detaille pour la propriete. Toute personne interessee peut examiner la modification proposee au bureau de la greffiire communale ou au bureau de I'urbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit A I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en franois pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal adjoint 64R.17a-4 Ad Number: A63091 Ad ID: 6343369 Current Date: Mar 27 2013 10:26AM Start Date: 4/2/2013 End Date: 4/2/2013 Color: B/W Client Approval OK. ❑ 32 Corrections 0 Planning Advisory Committee April 17, 2013 Your Worship and Councillors: SUBJECT: 290 Ludlow Street Section 39 Amendment P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E21, 4L1 On March 25, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 16, 2013 meeting. City of Saint John Karl Secord, the applicant, was in attendance at the meeting and was in favour of staff's recommendation. Judy Harrity, a resident of the neighbourhood, appeared before the Committee to express her concerns regarding the increased flooding that has occurred on her property since the applicant has begun work on the existing retaining wall. Mrs. Harrity stated that she was not opposed to the development, nor does she hold the current applicant to blame for the poor drainage problems in this area of the Lower West Side; however, she expressed disappointment with the City's inaction over the years in addressing this issue. The Committee and Mrs. Harrity discussed at some length potential solutions to the drainage problem. Mrs. Harrity offered a suggestion that involved the City constructing a drainage ditch along the rear of the properties running from the subject site to her property at 94 St. George Street to allow the water to access an existing stormwater drain. The Committee asked that staff forward Mrs. Harrity's concerns and recommended solution on to Infrastructure Development staff and Common Council. After considering the report, comments made by the applicant and the concerns raised by the neighbour, the Committee recommended approval of the proposed Section 39 amendment. RECOMMENDATION: 1. That Common Council amend the Section 39 conditions imposed on the March 15, 1985 and November 19, 2012 rezoning of the property located -2- at 290 Ludlow Street, also identified as PID No. 00365106, by deleting the existing condition (i) requiring the applicant to submit a drainage plan for the subject site prepared by a professional engineer, to the satisfaction of the Chief City Engineer or his designate, ensuring all water runoff on the subject site is directed away from the adjacent properties, and replacing it with the following: "(i) The applicant shall submit a drainage plan for the subject site prepared by a professional engineer, to the satisfaction of the Chief City Engineer or his designate, ensuring that there is not an increase in storm water runoff from this site due to the proposed application." 2. That Mrs. Harrity's letter be referred to Infrastructure Development and Common Council, including the proposed solution, for their consideration. 34 I�4 �1 DATE: APRIL 12, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & DEVELOPMENT SERVICES FOR: MEETING OF APRIL 16, 2013 PREPARED BY: J i Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: TO, . SAINT JOHN REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Karl Secord 664638 N.B. Ltd. 290 Ludlow Street 000365106 Low to Medium Density Residential "B -2" General Business To amend an existing Section 39 condition Section 39 Amendment P.O. Box 1971 Saint John, NB Canada E2L 36 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada Eli. 4L1 Karl Secord 290 Ludlow Street JURISDICTION OF COMMITTEE: Page 2 April 12, 2013 Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, April 29, 2013, STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the March 15, 1985 and November 19, 2012 rezoning of the property located at 290 Ludlow Street, also identified as PID No. 00365106, by deleting the existing condition (i) requiring the applicant to submit a drainage plan for the subject site prepared by a professional engineer, to the satisfaction of the Chief City Engineer or his designate, ensuring all water runoff on the subject site is directed away from the adjacent properties, and replacing it with the following: "(i) The applicant shall submit a drainage plan for the subject site prepared by a professional engineer, to the satisfaction of the Chief City Engineer or his designate, ensuring that there is not an increase in storm water runoff from this site due to the proposed application." BACKGROUND: At its October 16, 2012 meeting the Planning Advisory Committee (PAC) considered a Section 39 amendment and rezoning application to "permit the use of the former legion as a facility for corporate meetings, professional gatherings, seminars, weddings and bingo, including on -site catering with a liquor licence ". The applicant was proposing to continue with similar operations to the previous legion under new ownership. Considering that the original Section 39 conditions established in 1985 limited the use of the property to the operations of the Royal Canadian Legion, an amendment to those conditions was required. The PAC adopted staff's recommendation to approve the application, but proposed a few amendments to the proposed Section 39 conditions. Among the conditions proposed by the PAC, the Committee recommended that the existing retaining wall be reviewed and repaired if necessary, to the satisfaction of a Professional Engineer. On November 5, 2012 Common Council heard the application and gave it first and second reading. In response to neighbouring concerns, Council directed staff to clarify and revise the proposed conditions, and requested that staff include a condition that involves "a review of the current drainage situation on the property to ensure that stormwater runoff does not drain onto the neighbouring properties ". Staff revised the conditions as requested and submitted the revised proposed conditions in a report to Council, which Council received and considered as part of the third reading for the property. The below revised Section 39 conditions were adopted by Council on November 19, 2012: 36 Karl Secord 290 Ludlow Street Page 3 April 12, 2013 1. That Common Council amend the Section 39 conditions imposed on the March 25, 1985 rezoning of a parcel of land with an area of approximately 1272 square metres, located at 290 Ludlow Street, also identified as PID No. 00365106 by deleting the existing condition limiting the use to the activities of the Royal Canadian Legion, and replacing it with the following: a) The use of the property be limited to a facility for banquets, weddings, meetings, seminars, bingo games, and other related uses; b) Any liquor licence on the property be limited to a "Special Facility" liquor licence, or a similar class of licence should a "Special Facility" licence be changed as a result of the Province's licence review process; c) No physical additions to the building shall be permitted; d) The barbed wire located on the perimeter of the roof be removed and replaced by a more suitable barrier; e) All required off -street parking be provided on site or on a property within a 100 metre radius of the subject site; f) No mobile signs are permitted; g) A wooden privacy fence be installed on top of the existing or future retaining wall abutting the properties at 102 and 106 St. George Street; h) The condition of the retaining wall along the property line abutting the adjacent properties on St. George Street be evaluated by a professional engineer to the satisfaction of the Building Inspector. If the Building Inspector determines that it is necessary to repair or replace the retaining wall, the required work shall be designed by a professional engineer to the satisfaction of the Building Inspector. i) The applicant shall submit a drainage plan for the subject site prepared by a professional engineer, to the satisfaction of the Chief City Engineer or his designate, ensuring all water runoff on the subject site is directed away from the adjacent properties; j) Adequate safety lighting be installed to enhance the safety of the subject site, subject to the approval of the Development Officer; k) The work identified in conditions (d), (g), (h), (i) and 0) be completed within one year of the amendments to the Section 39 conditions. Common Council imposed these same conditions on PID no. 365098. INPUT FROM OTHER SOURCES: Infrastructure Development supports the proposed amendment. Inspection & Enforcement Service has no objection. ANALYSIS: Infrastructure Development has reviewed the applicant's submitted engineered storm drainage plan and has no objection to the submission as the proposed retaining wall will not change the existing site conditions for storm water run -off (i.e. a balanced site runoff of pre vs. post conditions has been met); and the wall will not increase nor alter the manner in which the existing site handles storm water flow. 37 Karl Secord Page 4 290 Ludlow Street April 12, 2013 Infrastructure Development has sought Planning's input with regard to condition 1(i) listed above, which states that the applicant must submit a drainage plan "ensuring all water runoff on the subject site is directed away from the adjacent properties ". The applicant's engineering consultant and staff are uncertain how the imposed condition can be met with respect to this site. Staff have noted that given the existing site conditions and existing municipal infrastructure, it is not possible to ensure that all water runoff on the property is directed away from the adjacent properties. There is no existing municipal storm sewer on Ludlow Street for a storm connection from the site and the property is below St. John Street, therefore a connection to that system is also not possible. As a result, the applicant's engineering consultant cannot fulfill condition 1(i) and therefore staff are unable to approve the plan. The owner of the property, Mr. Karl Secord, is unable under these circumstances to proceed with his business. Should Mr. Secord be forced to abandon the proposed operations at the subject site, the property will likely remain vacant and the current level of runoff will continue to occur onto the adjacent properties, which will satisfy neither Mr. Secord nor the adjacent property owners. However, if the existing Section 39 condition were to be revised to ensure that the runoff from this property would not be increased as a result of the proposed operations on the site, it would allow Mr. Secord to finish constructing the retaining wall abutting the rear yard of the properties on St. George Street, which would be a significant improvement to the existing site conditions. Section 39 condition 1(c) prohibits Mr. Secord from altering the layout of the site or constructing any additions to the building, which means Mr. Secord's proposed business will not result in a greater amount of stormwater runoff onto the adjacent properties. In this circumstance, it is staff's view that Council imposed a condition on an application that had unintended negative consequences to the applicant. It is staff's interpretation that the nature of the discussion that took place at Common Council's November 5, 2012 public hearing was largely in favour of permitting the applicant to proceed with his intentions of operating the proposed business at the subject property. In an attempt to recognise drainage problems raised by the adjacent neighbours, Council adopted a condition that was in spirit an attempt to rectify an existing drainage problem, or at the very least ensure that the conditions would not be worsened by the proposed operations. However, as indicated by Infrastructure Development staff, the natural topography of the property does not allow for water to flow in any other direction. Whether or not Mr. Secord owns and operates a business from the subject site, this condition will not change. It is therefore recommended that Council revise the existing condition (i) to ensure that there is not an increase in storm water runoff from this site due to the proposed application. CONCLUSION: It has been determined by Infrastructure Development staff that the existing Section 39 condition 1(i) is impossible to be met due to the natural geography of the land in this area of the City's Lower West Side, It is recommended that this condition be amended to permit the owner of the property to go forward with his business plans, while ensuring that there is not an increase in storm water runoff from this site due to the proposed application. JK Project No. 12 -253 38 PLANNING AND DEVELOPMENT/URBAN ISM E ET DEVELOPPEMENT ,j 112 a 2 �Oz 98 2 02 2 � � s Oa 9 6 10 10 2 Y 27 4 ��• O 18 w 7 `4 7 2 6 28 C 12 1 ♦ V 4 90 $ ♦ 2 • : Ys1 8 46 �F 2 Qi a 100 10 0 02 � 10 �- ' +• 46 06 12 12 10 54 10 .. 92 �►• 17 ��• • s 1 � / 1 n.. ' 166 2 � �• 3 � 70 i+r, ,` ♦ 12 1 13 w. �'�. J / 82 1 Q!� 24 34 17�', 15 Ov -Y 40 t: 15 V Q) 13 4 1 19 • ` 6 , s 58 60 19 64 03 I�. -1 17 + 70 16 • 36 T� • �r 16 EA �.� �w�.� 17 8 as , 80 4 4W 8 17 28 18 • 6 N-1,44, 90 B 12 d�a� 290 � 19 J' 9 •� s� 20 18 c 2 � %�• t' OD 20 6 ( ry• 0 i:� �� 21 � ,9 �2 20 �" ♦ 98 2 • P ` .. Z 0 20 R, 96 Subject Site /site en question: 00365106 Location: 290 Ludlow Street Date: March 29, 2013 Scale /echelle: Not to scale /Pas a 1'echelle W Robert. and July Ilarrity 94 St George '>t Saint JohD. N.R. F2M 2A7 April 12, 20 l : a City of Saint APR 12 2013) : ohn Planning and )evelopment Committee nr P.O. Box 197` Saint John, N. B. ®� S ��� i ;2L 41_,1 Inc: 290 Ludl <)\v Street I.et me introdiice Myself. I azn Judy l-harrity. My husband, Robert l la.rrity, and myselfown -the property locat -xi at 94 St. George: St. 1 would like to give; a little: ba- Aground infonnatiork and express our coeacerns in regards to llie letter we received Re Section 39 Arnendjnent 2.NO Ludlow Street. I hope lay exp•aining the bast history you will undt,rstand why we feel the drainage problem should not be passed off is the natural flow of the writer due io the geography of the property. We IAe.rchase.d our home in May of 1979. We encountered problems with water run-off ancl so after investigating ,ve discovered that there had been a drain in the yard which had collapsed. This drain was an old woodei L drain which ran from the coal yard located at the corner of 5t. John and i,udlow Streets. After discussi.)ns with the Building Inspection Office we proceeded to dig up our yard. put in a four 50ot deep ditc..i which we filled with beach rock, and drain tile.. This drains into a storm drain which the. City o'` Saint : ohn installed oo the property located at 90 St. George St. iaa September 19'iS 1 know this tact as my fall ier worked for the City of'Saint John Water and Sewerage; Department and worked on this project. T ais drain and other drains which were located oil the properties on St .lollii, St. George �30d I,Udlow 5 rr'.ets can he found on the old Cil:y of Saint .Ic}hn maps. A couple ofye sirs later the city gave the Legion permission to rill in the lot located behind their building. at 21.0 I.Aidlow St. This is the: current back parking tot.. There were drains originally installed by the City of Saint John oil this property which vkere covered over when tt)e tot was developed. When this work bcg; to I called the City to e;,press my concern in regards to run off water. Ibe lot. being developed wa. ; origitlaliy lower thw) the arijacent lots on St. George St, and a lot of water that would lay there. 1 w;ts told this work, would not create a goblet as the e would be proper drainage installed and. the vacan, lot next to it, 129 St. John St., which was owned by ).he City at that time, was lower 4han ours se.► the wL:ter would probably gather there. In approximal.tily 1984, the city sold the lot next tc, the Legion parking lot at 129 St. Johri St. The new owner proceeded to fill in the property so it was the same level as the legion parking lo:. When this process began 1 once again called. City Hall and was told not to worry. It won't cause you ally problems. Pr(-. per drainage will be installed by the owner. They assured me that they wculd sere that it was done prol.erly. Well. it wasn't done. N When this wo -k was complete the late Mrs_ Marie Smythe who owned the property at 98 St. Geot le. 5l. ended up with a flooded yard. After appealing to the City on her behalf the only solution. tluit was., presented to h,,-r was for her to install a drain similar to ours and honk it up to the city drain. This was done and it dirt help. 'fllc problems continued whea, due to the fact that the property at 125 St. John St. was now lowe r than the property at 129 St John St. it began to flood, Then in the next summer, 1985, the city sold anotl-Eer vacant lot'loc�ited at 105 St. John S;. The new owner of this 'ot inflied his property to build a home. When this 6,welopmen.t began I once again contacted the "'icy a.nd was once main told don't worry about it. It won't he a problem. Proper drainage woul:i be installed. Well it was a problerl. This resulted in ourselves and the owner of the property adjacent to ours at 90 St. George St. to be flooded. On;;e r.gain, we were faced with drainage work in our yi.rds. In 1991 we renovated our home. At the time the City of Saint John required us to install drain the around. the exterior walls of our expansion and have the water directed into our basement sump pump and dninl into the city drains. Our sump pump ru.is continually. I and not sure others who built new homes on St. , olin St. were required to do this. As YOU can se over the years that we have owned our property, these have been a number of issues, and every tint,: we seem to rectify it, the city allows someone to develop some. other property which dire;cily affect, those of us who live on St. George St. The list incident was approximately 7. 8 years ago when the •etaining v.all between 125 and 129 St. John St. collapsed. When I contacted the City in regards to thiF and to explain what 1 was told was -)tanned fo replace the collapsed wall, 1 was told that the Cliv has no control ovcrthis and if it caused problems for us IIIMI we would have to sue, our neighbours. I.i•iag,ine, sue your neighbour. Not a suitable ans\&.,c :r in my mind. J .ast year the r,wner of 102 St. George St., in attempt to solve hip. water problem raised. the level of his vard by a few Fee(. in the last month tile. new owii:,r of the Ludlow St. property erected a: new retaining will and ttticnLpled to solve t:hc run oll'prohlem, wince this work has been completed the property next to ours, at 98 it, George. St. is once again experiencing water pr.')blerns. A ar we firustn ted7 Yes we are. We pay our taxes, which continue In increase; we maintain and inlprove. heir properties cu1d we try to work cooperatively with our nelghl7ours. loo we have faith that the current work that has been done to the legion property will not cause us more problems" No we do not.. loo we h .ve faith that tile. City of Saint .lohn will tool{ out for our properties, our investments? No we do not. St ould any of the past development been allowed to happen? No they should riot have. I do not blame 'he current owners of 290 Ludlow St. for these problems. I blame the Citv ol'Saint John. The City of S. pint .lohn issued the building permits. The City of Saint .John inspected the work done on the properties Hicy allowed the development to happen without proper drainage. I feel the City of Saint .John by allowing this to happen should be held accounta.b:!e aid should rectify this ongoing problem. The .:precedent was set in 1955 when the City of Saint Joh -A. realized that there was a drainage problem in this area and installed the original drains. 1'liank you for. your tithe and for Iistel- ng- I do plate. to attend the ri-ieeting on Tuesday, April 16, 2013. Yours truly ,rte cly l [amity 41 J T� The City of Saint John April 24, 2013 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — Lorneville Harbour A Public Presentation was made on March 25`t, 2013 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Plan, from Park and Natural Area to Employment Area, a parcel of land with an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as a portion of PID Number 55161541 and would redesignate, on Schedule B of the Plan, the same parcel of land, from Park and Natural Areas to Heavy Industrial. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, June 3rd in the Council Chamber at 7:00 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Assistant Common Clerk Attachment % SAINT JOHN fl O. Box 1971 Saint john, NB Canada ESL 411 www.saintlohn.ca ' C.P. 1971 Saint John, N. -B, Canasta E2L 40 F: I Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.50 in. Sales Rep: Elizabeth Cook PROPOSED MUNICIPAL PLAN AMENDMENT RE. LORNEVU E HARBOUR Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 1.6 hectares, located at Lornevilie Harbour, also identified as a portion of PID No. 55161541, from Park and Natural Area to Employment Area, as il- lustrated below; 2. Redesignate, on Schedule B of the Plan, the same parcel F'N';4v'' of land, from Park and Natural Ar- eas to Heavy Industrial. A public pre- sentation of the proposed amendment will take place~ at a regular meeting of Common Council on Monday, March 25, 2013 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE. To permit an industrial barge facility and access road. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 24, 2013. Enquiries may be made at the office of the Com- mon Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B, between the hours of 8 :30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays ex- cepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk, Jonathan Taylor, Assistant Common Clerk 648 -3703 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET; HAVRE DE LORNEVILLE Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a l'intention d'Oudier la modification du plan d'am6nagement municipal comme suit: 1. Modifier fa designation, 6 I'annexe A du plan, dune parcelle de terrain d'une su- perficie d'environ 1,6 hectares, situ6e au havre de Lorneville, et 6tant aussi une partie du NiD 55161541, afin de la faire passer de secteur part et alre naturelle 6 secteur d'empiol, comme it est indique ci- dessous. 2. Modifier la designation, A I'annexe B du plan, de la parcelle de terrain pr6ci- tee, afin de la faire passer de secteur pare et acre naturelle a secteur d'Industries lourdes. Line pr6sentation publique du projet de modification aura lieu fors de la reunion ordinaire du conseil communal le iundi 25 mars 2013 clans la salle du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIFICA- TION : Permettre une installation industrielle pour p&iches et une route d'accts. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 24 avril 2013 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6vei- oppement 6 I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Si vous avez besoin des services en fran;ais pour une Munion de Conseil Communal, veuillez contacter le bureau du greffier communal, Jonathan Taylor, greffier communal adjoint 648 -3703 Ad Number: A59645 Ad ID: 6303095 Current Date: Mar 08 2013 08 :45AM Start Date. 3/14/2013 End Date: 3/14/2013 Color: Client Approval OK ❑ 43 Corrections 13 REPORT TO COMMON COUNCIL M & C — 2013 -63 24 April 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Lifeguard Services — City Beaches BACKGROUND: The City of Saint John routinely establishes a contract with qualified vendors for the provision of lifeguard services at the following four City beaches: Dominion Park, Lakewood Reservoir, Lily Lake and Fisher Lakes. For the past several years, this service has been provided by the Canada Games Aquatic Centre (CGAC). For the 2013 beach season, the decision was made to issue a Request for Proposal (RFP) to solicit the marketplace for competitive bids, the intent being to ensure the City is obtaining the best value for its citizens. ANALYSIS: A Request for Proposals (RFP) was issued to prospective bidders and closed on February 21, 2013. Only two compliant proposals were received as follows: Canada Games Aquatic Centre Saint John, NB Maritime Day Tripping Inc. Saint John, NB A proposal evaluation committee, consisting of representatives from Transportation and Environment Services and Materials Management reviewed the submissions and was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness — Has the proposal addressed all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Proponent's Experience — Has the proposal demonstrated a level of expertise with the requirements of this project? 3. Certification and Qualification — Has the vendor demonstrated the ability to provide trained, qualified Lifeguards, holding all necessary certification? 4. Cost — Cost will be a factor, however not the only factor to be considered. 44 2 Report to Common Council Lifeguard Beach Supervision 2013 In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the review committee members. At the conclusion of the technical and financial evaluations, the committee unanimously recommended the proposal submitted by Daytripping. Daytripping's proposal scored the highest overall offering the best overall solution for the City. In addition, their financial proposal represents the lowest cost solution to the City of Saint John. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. The submissions proposed to supervise the beaches daily from June 22nd until September 2nd , 2013. The daily hours of lifeguard coverage will be from 11:OOam to 5:30pm, seven (7) days per week at Lily and Fisher Lakes, and from 10:45am to 5:30pm, seven (7) days per week at Little River Reservoir and Dominion Park. Notices will be posted at each beach to inform the patrons about the hours of supervision. The public will be advised through the City website and local media regarding the lifeguard services at these City beaches. FINANCIAL CONSIDERATIONS: The cost to the City of Saint John for lifeguard services provided by Maritime Day Tripping for the 2013 beach season will be $120,301.99 plus HST. The terms of the contract also allow for an extension through to 2015 as follows (costs exclude HST): 2014 $85,250.00 2015 $85,250.00 The following Council resolution of May 7, 2012 provides the background for this award: "Resolved that funding for lifeguards at our beaches previously withdrawn be re- instated, and.further that the item be referred to the City Solicitor to examine if there is a legal process by which funding for lifeguards could be guaranteed annually and report back to Council. " (agenda item 11.1) An amount of $147,720 was included in the 2013 Operating Budget for the provision of lifeguards. 45 Report to Common Council Lifeguard Beach Supervision 2013 RECOMMENDATION: It is recommended that the proposal for the provision of lifeguard services for the 2013 beach season as submitted by Maritime Day Tripping Inc. at the cost of $120,301.99 plus tax be accepted. In addition, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Marc Doucet, D.Tech, BAM Operations Manager, Parks and City Landscape Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Services Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environmental Services J. Patrick Woods, CGA City Manager 46 REPORT TO COMMON COUNCIL April 16, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: 1n The City of Saint john SUBJECT: LEGISLATIVE MODERNIZATION: ENGAGEMENT AND FEEDBACK PLAN (APRIL — AUGUST 2013) In late 2011, the Government of New Brunswick (GNB) introduced its local governance reform program, which was mapped -out in their Action Plan for a New Local Governance System in New Brunswick. On September 11th, 2012, Common Council voted to support the City's Position Paper on Local Governance Reform 2012, which was later shared with the City's partners, including GNB. In supporting the City's Position Paper, Common Council committed itself to strengthening the current local governance system for the benefit of the City of Saint John, municipalities, local service districts and GNB. The City's Position Paper includes a variety of recommendations, including, among others: the need for a provincial urban agenda; provincial transfers to municipalities that are commensurate with service responsibilities; municipal plans should contribute to the development of regional plans through regional service commissions; and, GNB encouraged to continue their pursuit of a permissive relationship with local governments. On November 5th, 2012, the Intergovernmental Affairs Coordinator, along with the City Manager, provided an update to Members of Council on the implementation of the Position Paper and GNB's Action Plan. Since that time, GNB has created the External Advisory Group on Legislative Modernization, which is scheduled to meet three times between April and August 2013. GNB's objective is to develop a framework for legislative modernization by fall 2013, which will subsequently support the drafting of amendments and/or new legislation for the province's local governance system. In order to contribute to GNB's current legislative modernization examination and to build on the City's existing Position Paper, the City is encouraged to coordinate an internal process to receive feedback on legislative modernization and collectively develop a position to share with GNB and municipal partners. 47 Page 2 Please find attached the City of Saint John's Engagement and Feedback Plan to further support the City's position on legislative modernization and a permissive legislative relationship between GNB and municipalities. In addition, please find attached the first round of questions from GNB on legislative modernization. RECOMMENDATIONS Staff recommends that Common Council: 1. Approve, and direct the City Manager to implement, the Engagement and Feedback Plan to further support the City's position on legislative modernization; 2. Appoint at least one Member of Council to the Cities of New Brunswick Association ad hoc committee on legislative modernization. Respectfully submitted, Phil Ouellette, MA Intergovernmental Affairs Coordinator Jacqueline Hamilton, MCIP, RPP Commissioner, Strategic Services J. Patrick Woods, CGA City Manager EN Local Governance Reform Update: Legislative Modernization V:% www.saintjohn.ca P4— ( SAINT JOHN .u00aW• Action Plan for a New Local Governance System in New Brunswick 6 a L Brun, New Brunswick's Regional Service Commissions MA.W ck fMVy30�3 Pr zC BILL PROJET DE LOI 61 61 Timeline: Summer 2012 -13 External Advisory Group Regional Service Commission Consultation t t t t t Summer Sept. Nov. 2013 Summer 2012 2012 2012 2013 wwwsaintjohnxik SAINT JOHN Legislative Modernization Prescriptive =4 Permissive P4— - - VVWW.saintjohn.ca SAINT JOHN legislative Modernization G N B's Legislative Modernization Advisory Group Ifth- -1k,-- lbb-- City of NBAP Saint CNBA John WWW.saintjohnxii SAINT JOHN legislative Modernization Briefing to Council Council Feedback Briefing to Senior Leadership Team (SLT) City Staff Review Team Report to Council S LT Feedback .........: Finance & Administrative W rowth & Deve opment Services Intergovernmental Affairs rs Office 4W WWW.saintjohn.al SAINT JOHN Legislative Modernization What does it mean to you to bean order of government? • What advantages /disadvantages in having municipalities collect property taxes? • What do you feel are the advantages of moving towards a spheres of jurisdiction approach? www.saintjohn.ca SAINT JOHN Legislative Modernization Do you feel that the process for LSD's to add or discontinue a service is appropriate and efficient? Why or why not? • What changes, if any, do you feel would improve the process of annexation, amalgamation, decrement, forming a Municipality, Rural Community, or LDSD? VVWW.saintjohn.ca SAINT JOHN 0 0 Legislative Modernization What should be covered in a future provincial planning policy? What components should be required in regional plans? Rural plans? What components should be required in the development of local plans? What components should be removed? VVWW.saintjohn.ca SAINT JOHN Legislative Modernization Any other questions that should be included in the examination around legislation modernization? www.saintjohn.ca SAINT JOHN Next Steps 1. Implement Engagement and Feedback Plan 2. Appoint Member of Council to Cities of New Brunswick Association ad hoc committee on legislative modernization 3. Provide feedback on first round of questions WWW.saintjohn.ca SAINT JOHN r'A I" - 6q Legislative Modernization: Engagement and Feedback Plan (April- August 2013) . i4 b Intergovernmental Affairs, Strategic Services April 2013 m Legislative Modernization: Engagement and Feedback Plan TABLE OF CONTENTS A) BACKGROUND .......................................... ............................... 3 B) OBJECTIVE ................................................. ............................... 3 C) GOALS ........................................................ ............................... 4 D) PARTNERSHIP OPPORTUNITY ................. ............................... 4 E) ROLES AND RESPONSIBILITIES ................ ............................... 5 F) ENGAGEMENT AND FEEDBCK PLAN 1. REVIEW PROCESS .......................... ............................... 6 2. SEQUENCING OF PLAN ................. ............................... 7 April 2013 60 2 1. SAINT JOHN Legislative Modernization: Engagement and Feedback Plan A) BACKGROUND 3 The Government of New Brunswick (GNB) introduced their Action Plan for a New Local Governance System in New Brunswick in December 2011. The Action Plan called for a variety of reforms to the local governance system, and some of the initiatives have already been introduced, including: regional service commissions, reforms to property assessment, community funding arrangement, among others. On September 11th, 2012, Common Council voted to support the City's Position Paper on Local Governance Reform 2012, which was later shared with the City's partners, including the Government of New Brunswick. In supporting the City's Position Paper, Common Council committed itself to strengthening the current local governance system for the benefit of the City of Saint John, municipalities, local service districts and the Government of New Brunswick. While the Position Paper articulated the City's direction on local governance reform, it also contributed to the broader pan - provincial conversation. The City's Position Paper included a variety of recommendations, including, among others: the need for a provincial urban agenda; provincial transfers to municipalities that are commensurate with service responsibilities; municipal plans should contribute to the development of regional plans through regional service commissions; GNB encouraged to continue their pursuit of a permissive relationship with local governments. One of the central components of GNB's reform program is to modernize the legislative framework for local governments, and GNB has recently developed an engagement process to receive stakeholder /partner feedback on the matter. In order to accommodate feedback, GNB has created an External Advisory Group on Legislative Modernization, which includes the following members: two representation from each of the four provincial municipal associations (Union of Municipalities of New Brunswick (UMNB), Association francophone des municipalites du Nouveau - Brunswick (AFMNB), Cities of New Brunswick Association( CNBA), Association of Municipal Administrators of New Brunswick (AMANB); four representatives from local service districts; two executive directors from regional service commissions; two planning directors from regional service commissions; two planners from New Brunswick Association of Planners (NBAP); two representatives from Law Society of New Brunswick; two planners from Municipal Planning Directors; and approximately five representatives from the Department of Environment and Local Government, GNB. The Advisory Group will meet three times between April and August 2013, and each meeting will be used to receive feedback on key questions linked to legislative modernization. All stakeholders /partners will receive the questions a month prior to the meetings, and all feedback is welcomed, including for those not directly involved in the Advisory Group. GNB's objective is to develop a framework for legislative modernization by fall 2013, which will subsequently support the drafting of amendments and /or new legislation for the province's local governance system. B) OBJECTIVE Coordinate a process within the City of Saint John to receive feedback on legislative modernization and collectively develop a position to share with GNB and municipal partners. April 2013 82 .1 SAINT 1©HN Legislative Modernization: Engagement and Feedback Plan Q GOALS 4 • Support on -going interest -based partnership and shared priorities with the GNB. • Encourage feedback and involvement from all Members of Council and interested City Staff in order to strengthen the City's position on legislative modernization. • Deliver a clear engagement and feedback plan to Members of Council and City Staff in order to achieve predictable and periodic outcomes. • Build on the City's Position Paper on Local Governance Reform 2012, and further develop the City's position on a permissive legislative relationship between municipalities and GNB. • To provide a clear and coordinated City of Saint John position to GNB and municipal partners on legislative modernization. • Uphold the highest level of professionalism throughout the process and refrain from using aggressive tactics that may harm the long -term partnership between the City of Saint John and the GNB. D) PARTNERSHIP OPPORTUNITY While the City of Saint John does not have direct participation in GNB's Legislative Modernization Advisory Group, the City is well- served to work in collaboration with the municipal associations that are directly involved in the Advisory Group. The City's two access points through its municipal associations in the Advisory Group include CNBA and NEAP. CNBA has developed three ad hoc committees to help in formulating a collective response from cities on GNB's local governance reform agenda, including: (1) ad hoc committee on fine revenue sharing; (2) ad hoc committee on legislative modernization; and (3) ad hoc committee on property taxation. All interested Members of Council and City Staff are welcome to participate in any of the ad hoc committees, which will continue to feed into GNB's local governance reform program. In order to determine the City of Saint John's position on legislative modernization, and its contribution to CNBA and NBAP's representation on GNB's Advisory Group, it is first necessary for the City to receive feedback from Members of Council and City Staff. t 4 .,k, 00 t City of Saint John April 2013 82 it- 1 SAINT 1©HN Legislative Modernization: Engagement and Feedback Plan E) ROLES AND RESPONSIBLITIES 1) Common Council Provide vision and leadership on the City's position on legislative modernization. 22) Senior Leadership Team (SLT) Provide high -level advice and support to the engagement and feedback plan. 3) City Manager — Pat Woods Act as primary liaison between Council, City Staff, and SLT, and provide ongoing leadership on local governance reform. 4) Commissioner of Strategic Services — Jacqueline Hamilton Support in liaison between Council, City Staff, SLT, and act as the primary lead from the City with NBAP. 5) City Staff Review Team — Finance, Legal, Planning, IGA Receive feedback from SLT and Common Council, and provide additional expert input in the GNB's questions linked to legislative modernization. 6) IGA - Phil Ouellette Project lead for engagement and feedback plan, and will coordinate with City Manager, Common Council, Commissioner of Strategic Service, SLT, municipal associations and the GNB to ensure continuous engagement and ongoing developments. Primary lead on Council reports and presentations. Participate and contribute to the City Staff Review Team on Legislative Modernization. 8) Finance and Administrative Services —TBD Participate and contribute to the City Staff Review Team on Legislative Modernization. 9) Growth and Develoament Services - TBD Participate and contribute to the City Staff Review Team on Legislative Modernization. 10) Communications - Nancy Moar Primary lead on all matters linked to public relations, media relations and communications support. 11) Corporate Planning — Stephanie Rackley -Roach Provide ongoing technical expertise on engagement and feedback mechanism. April 2013 88 SAINT IOHN Legislative Modernization: Engagement and Feedback Plan F) ENGAGEMENT AND FEEDBACK PLAN 1) REVIEW PROCESS 11 i April 2013 65 SAINT JOHN Legislative Modernization: Engagement and Feedback Plan 2) SEQUENCING OF PLAN April 2013 66 ,0, SAINT 1©HN 1.0 Activity Seek -out any opportunity for City of Saint John Lead IGA Timeline Thursday April 11" to participate in GNB's External Advisory Group on Legislative Modernization 1.1 Submit high -level feedback to NBAP on Commissioner of Monday April 12th legislative modernization Strategic Services 1.2 Submit Council briefing /update on Local IGA Submitted Tuesday Governance Reform (closed) April 16th 1.3 Develop City Staff /Common Council IGA, Corporate Wednesday April 17th engagement and feedback mechanism on Planning, legislative modernization questions (next week) Communications, Commissioner of Strategic Services 1.4 Briefing to SLT and confirm direction on Commissioner of Monday April 22nd internal engagement and feedback mechanism Strategic Services 1.5 Briefing to Council on Local Governance Reform IGA Monday April 22nd (Closed session) 1.6 Identify Council /City Staff interest to Common Council Monday April 22nd participate in Ad hoc committee through CNBA & send -out general information 1.7 CNBA Ad Hoc Committee on Legislative Common Council, IGA, Tuesday April 23rd Modernization Meeting CNBA 1.8 GNB Legislative Modernization External Government of New Wednesday April 24th Advisory Group Meeting Brunswick 1.9 Implement engagement and feedback plan to City Staff Review Team Wednesday April 17th to City Staff /Common Council Friday May 10th 1.10 City to identify possible linkages between its IGA Wednesday April 17th to direction on legislative modernization and Friday May 10th those of partners 1.11 Determine communications and public Communications Wednesday April 17th to relations needs related to City direction on Friday May 10th legislative modernization 1.12 CNBA Conference in Saint John Common Council Friday May 10th to Saturday May 11th 1.13 Send report of consolidated responses to SLT Commissioner of Monday May 13th for review Strategic Services 1.14 SLT meeting to finalize report on consolidated Commissioner of Tuesday May 14th responses Strategic Services 1.15 Submit Council Report with City Staff City Manager Wednesday May 15th recommendation (closed) 1.16 Council to vote on City Staff recommendation Common Council Monday May 20th (closed session and open 1.17 Share City of Saint John feedback with GNB and IGA Tuesday May 21St partners 2.0 GNB to submit the second round of questions Government of New Mid -May linked to legislative modernization Brunswick April 2013 66 ,0, SAINT 1©HN Legislative Modernization: Engagement and Feedback Plan 2.1 Submit Council briefing /update on Local IGA Tuesday May 21s' Governance Reform (second round) 2.2 Briefing to SLT on the second round of Commissioner of Thursday May 23rd questions Strategic Services 2.3 Briefing to Council on Local Governance Reform IGA Monday May 27th (second round) (Closed session) 2.4 Implement engagement and feedback plan to City Staff Review Team Wednesday May 22nd to City Staff /Common Council (second round) Friday June 14th 2.5 City to identify possible linkages between its IGA Wednesday May 22nd to direction on legislative modernization and Friday June 14th those of partners 2.6 Determine communications and public Communications Wednesday May 22nd to relations needs related to City direction on Friday June 14th legislative modernization 2.7 GNB Legislative Modernization External Government of New Mid -June Advisory Group Meeting (second round) Brunswick 2.8 Send report of consolidated responses to SLT Commissioner of Monday June 17th for review Strategic Services 2.9 SLT meeting to finalize report on consolidated Commissioner of Tuesday June 18th responses Strategic Services 2.10 Submit Council Report with City Staff City Manager Wednesday June 191h recommendation (closed) 2.11 Council to vote on City Staff recommendation Common Council Monday June 24 th (closed session and open 2.12 Share City of Saint John feedback with GNB and IGA Tuesday June 25th partners 3.0 GNB to submit the third round of questions Government of New Mid -July linked to legislative modernization Brunswick 3.1 Submit Council briefing /update on Local IGA Tuesday July 16th Governance Reform (third round) 3.2 Briefing to SILT on the second round of Commissioner of Thursday July 18th questions Strategic Services 3.3 Briefing to Council on Local Governance Reform IGA Monday July 22nd (third round) (Closed session) 3.4 Implement engagement and feedback plan to City Staff Review Team Wednesday July 17th to City Staff /Common Council (third round) Friday August Stn 3.5 City to identify possible linkages between its IGA Wednesday July 17th to direction on legislative modernization and Friday August Stn those of partners 3.6 Determine communications and public Communications Wednesday July 17th to relations needs related to City direction on Friday August Stn legislative modernization 3.7 Send report of consolidated responses to SLT Commissioner of Monday August 12th for review Strategic Services 3.8 SLT meeting to finalize report on consolidated Commissioner of Tuesday August 13th responses Strategic Services 3.9 Submit Council Report with City Staff City Manager Wednesday August 14tH April 2013 gg .1 SAINT 1©HN Legislative Modernization: Engagement and Feedback Plan recommendation (closed) 3.10 Council to vote on City Staff recommendation Common Council Monday August 19th (closed session and open 3.11 Share City of Saint John feedback with GNB and IGA Tuesday August 20th partners 3.12 GNB Legislative Modernization External Government of New Mid - August Advisory Group Meeting (third round) Brunswick April 2013 gg SAINT JOHN L -1J TASK April May June July August 9 to 12 15 to 19 22 to 25 29 to May 6 t 10 13 to 17 20 to 24 27 to 31 3to7 10to14 17to21 24to28 1to5 18to12115to19 22to26 29 to Aug.2 5to9 12 to 16 19 to 23 26 to 30 Seek -out any opportunity for City of Saint 1.0 John to participate in GNB's External Advisory Group on Legislative Modernization 1.1 Submit high -level feedback to NBAP on legislative modernization 1.2 Submit Council brief: Local Gov't Reform closed Develop City Staff /Common Council 1.3 engagement and feedback plan on legislative modernization questions 1.4 Briefing to SLT and confirm direction on internal engagement /feedback plan 1.5 Council brief on Local Gov't Reform (closed) Identify Council /City Staff interest to 1.6 participate in CNBA ad hoc committee & send -out general information 1.7 CNBA Ad Hoc Committee on Legislative Modernization Meeting 1.8 GNB Legislative Modernization External Advisory Group Meeting (frist round) 1.9 Implement engagement and feedback plan to City Staff /Common Council City to identify possible linkages between its 1.10 direction on legislative modernization and those of partners Determine communications and public 1.11 relations needs related to City direction on legislative modernization 1.12 CNBA Conference in saint John 1.13 Send report of consolidated responses to SLT for review 1.14 SLT meeting to finalize report on consolidated responses 1.15 Submit Council Report with City Staff recommendation (closed) 1.16 Council to vote on City Staff recommendation (closed session and open session) 1.17 Share City of Saint John feedback with GNB & partners 2.0 GNB to submit the second round of questions linked to legislative modernization 2.1 Submit Council briefing /update on Local Governance Reform (second round) 2.2 Briefing to SLT on the second round of questions 2.3 Briefing to Council on Local Governance Reform (second round) (Closed session) 2.4 Implement engagement and feedback plan to City Staff /Common Council (second round) City to identify possible linkages between its 2.5 direction on legislative modernization and those of partners Determine communications and public 2.6 relations needs related to City direction on legislative modernization 2.7 GNB Legislative Modernization External Advisory Group Meeting (second round) 2.8 Send report of consolidated responses to SLT for review 2.9 SLTmeeting to finalize report on consolidated responses 2.10 Submit Council Report with City Staff recommendation (closed) 2.11 Council to vote on City Staff recommendation (closed session and open session) 2.12 Share City of Saint John feedback with GNB & partners 3.0 GNB to submit the third round of questions linked to legislative modernization Submit Council briefing /update on Local 3.1 Governance Reform (third round) 3.2 Briefing to SLT on the second round of questions 3.3 Briefing to Council on Local Governance Reform (third round) (Closed session) Implement engagement /feed -back plan to 3.4 City Staff /Common Council (third round) City to identify possible linkages between its 3.5 direction on legislative modernization and those of partners Determine communications and public 3.6 relations needs related to City direction on legislative modernization 3.7 Send report of consolidated responses to SLT for review 3 8 SLT meeting to finalize report on consolidated responses 3 9 Submit Council Report with City Staff recommendation (closed) 3.10 Council to vote on City Staff recommendation (closed session and open session) 3.11 Share City of Saint John feedback with GNB & partners Government of New Brunswick Legislative 3.12 Modernization External Advisory Group Meeting (third round) L -1J Legislative Modernization - Planning and Local Governance Questions for External Advisory Group —1" Meeting April 24, 2013 PLEASE NOTE: All who receive the following questions for consideration are invited to provide responses to the Department by E -mail (mary.oley @gnb.ca) or in writing. Question 1: Order of Government There has been much discussion around municipalities being orders of government. Constitutionally, there are only two orders of government: federal and provincial, as per sections 91 and 92 of the Constitution Act 1867. Nonetheless, the term "order of government" is used in two local government Acts in Canada: (1) the Halifax Regional Municipality Charter, which states as follows: "AND WHEREAS the Province of Nova Scotia recognizes that the Halifax Regional Municipality has legislative authority and responsibility with respect to the matters dealt with in this Act; AND WHEREAS the Halifax Regional Municipality is a responsible order of government accountable to the people;" and (2) the British Columbia Local Government Act, which states as follows: "Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include" Neither Act defines the term "order of government ". Given this information: 1. What does it mean to you to be an order of government? 2. What are the advantages of being an order of government? 3. What are the disadvantages of being an order of government? In both jurisdictions (NS and BC), municipalities set property tax rates, collect the taxes, and use the taxes to pay for services within the municipality. In New Brunswick, municipalities set 1 r, s property tax rates, the province collects the taxes, and the province remits the municipal taxes back to the municipalities. Given this information: 1. What advantages do you see in having municipalities collect property taxes? 2. What disadvantages do you see in having municipalities collect property taxes? Question 2: Spheres of Jurisdiction The 'spheres of jurisdiction' approach is a move away from prescriptive legislation to more permissive /flexible legislation. Essentially, municipalities would have general areas within which they can enact by -laws, as opposed to the current situation in which municipalities are restricted to the specific set of by -laws set out in the legislation. These areas /spheres could include such headings as: animals and activities related to animals, transport and transportation systems, safety and the protection of people and property, etc. On the other hand, prescriptive legislation can be more definitive, clear and manageable for municipalities. Given this information: 1. What do you feel are the advantages of moving towards a spheres of jurisdiction approach? 2. What are the disadvantages of moving towards a spheres of jurisdiction approach? 3. Are there any advantages to maintaining prescriptive legislation in some areas? Please provide examples. Question 3: Services in Local Service Districts Section 25 of the Municipalities Act sets out the procedure Local Service Districts ( "LSDs ") must follow when they wish to add or discontinue a service. Section 25 provides as follows: Where: a) twenty -five or more residents of a local service district, or any area within a local service district, who are qualified to vote under the Elections Act petition the Minister to provide additional services or to discontinue a service; or b) the Minister is of the opinion that the voters of a local service district, or any area within a local service district, ought to consider the addition of services or the discontinuance of services, 2 40 c) the Minister shall within thirty days call a meeting as prescribed by regulation of those residents who, in the opinion of the Minister, are most affected by the proposal and who are qualified to vote under the Elections Act. Where at a meeting: (a) at least (i) fifty people, or (ii) thirty per cent of the people, who are eligible to attend the meeting, whichever is the lesser, are in attendance, and (b) a majority of those in attendance decides in favour of providing the additional service or services or of discontinuing a service, as the case may be, the service or services may, on the recommendation of the Minister of Environment and Local Government (the "Minister "), be provided or discontinued as the case may be. Once there has been a majority vote under section 25 to add or remove a service, or the Minister recommends that a service be added or removed, there is a somewhat lengthy and involved process required to add or remove the service. The process involves, among other things, submitting the proposal for a legal opinion from the Office of the Attorney General, presenting the proposal to a sub - committee of Cabinet, and pending approval, drafting by Legislative Services, within the Department of Justice of the amendment to Regulation 84 -168 — Local Service Districts (the "Regulation "). Then a further proposal including the draft Regulation is presented to the full Cabinet. Pending approval, and a recommendation by Cabinet, the Lieutenant - Governor in Council approves the draft amendment, and the newly amended Regulation comes into force. Given this information: 1. Do you feel that this process is appropriate and efficient? Why or why not? 2. Are there ways that this process could be simplified? If so, please provide examples. 3. What are the advantages and disadvantages of simplifying this process? Question 4: Community Restructuring Under the Local Government Action Plan, Government has committed to reducing barriers that may prevent communities from considering coming together. There have been a range of new policy and legislative provisions put in place to reduce barriers, including an interim policy on responsibility for roads, and amendments to allow Towns to form Rural Communities. Today, the Municipalities Act has provisions which set out processes for annexation, amalgamation, decrement, forming a Municipality, Rural Community, or Local Service District ( "LSD "). A number of these processes involve petitions, municipal council resolutions, 3 42 feasibility studies, local voting processes, the development of proposals to Government for consideration, and drafting of new Regulations. With these provisions in mind: 1. What changes, if any, do you feel would improve these processes? 2. What aspects of the current processes do you feel should be retained? 3. Are there new or additional considerations which should be included in community restructuring activities? Question 5: Provincial, Regional, and Local Planning Provincial Planning Policy — Under Section 4.1(1) of the Community Planning Act there is provision for the establishment of a Provincial Planning Policy. The current legislation requires that regional, municipal, rural plans, and planning by -laws "conform" to a provincial planning policy. It is this requirement which has in part, prevented the adoption of a provincial policy, as it implies that the Minister will ensure compliance with this requirement, removing or limiting regional local decision - making and accountability. Going forward, the Department is committed to establishing a Provincial Planning Policy as part of its modernization of planning legislation. The approach being considered by the department reflects the approach being used in a number of other jurisdictions: A provincial Planning Policy would establish matters of provincial interest (statements which identify matters that are of significant interest from a provincial perspective). Regional and local planning documents and decisions would be required to align, where practicable, to these matters of interest, and this adherence would be the responsibility of regional and local authorities. In all cases, regional and local planning documents and decisions would have to comply with any provincial legislation. In its exploratory work with other provincial government departments, subjects for matters of provincial interest could include such areas as: - protection of drinking water - management of prime agricultural land - preservation of heritage sites and structures - flood risk reduction - social housing, and so on. 42 4 Given this information: 1. What is your general feeling about this approach to establishing a provincial planning policy? 2. Regardless of the approach taken, are there other subjects which you feel should be covered in a provincial planning policy? Regional Plans — Under the Regional Service Delivery Act, Regional Service Commissions are required to develop Regional Plans. To meet this requirement, the department will be assembling a team to focus specific exploration, in collaboration with stakeholders, on what regional plans could and should cover in the future. As a helpful starting place for that focussed work, your views on the current provisions are requested. Today, under Section 17(4) of the Community Planning Act , the following must be included in regional plans: 1. A statement of planning policies for the orderly economic, social and physical development of the region, including policies with respect to: (i) the development of industry and commerce, (ii) the development and management of natural resources, (iii) the management of water resources, (iv) the control and abatement of all forms of pollution of the natural environment, (v) the identification of areas of urban and rural land use, (vi) the conservation, rehabilitation, development and redevelopment of housing stocks, (vii) the development of communication and transportation systems, (viii) the development and maintenance of educational, cultural, recreational and health facilities, and (ix) such matters other than those mentioned as are, in the opinion of the Minister, advisable; 2. a programme for co- ordinating public works and expenditures within the region; 3. a programme to encourage coordinated development among all the municipalities and rural communities in the region; 4. provisions for regulating land use, buildings and structures for the purpose of implementing regional planning policies; 5. identification of regional developments which are subject to approval in relation to standards described therefor in the plan; and 9 44 6. such proposals as are advisable for the implementation of policies contained in the plan. 1. What other components could or should be included in regional plans? 2. What are the advantages and disadvantages of including these additional components? 3. How often should regional plans be reviewed? Rural Plans — Today's' Community Planning Act includes provisions for local (municipal) and rural plans. In a scenario where there is a Provincial Planning Policy, as well as requirements for Regional and Local Plans which align, where practicable, with the provincial matters of interest within a Provincial Policy, it would be beneficial to further explore issues around both local and rural plans. Section 27.2(2) of the Community Planning Act (the "Act ") provides that the following must be included in rural plans: 1(a) statements of policy with respect to: (i) residential uses, (ii) commercial uses, (iii) institutional uses, (iv) recreational facilities and public open spaces, (v) resource uses, (vi) protection of water supplies, (vii) heritage buildings and sites of historical or archeological interest, (viii)conservation of the physical environment, or (ix) such other matters that the council considers necessary; (b) such proposals as the council considers advisable for the implementation of the policies in the rural plan; and (c) zoning provisions. Questions for further consideration: 1. Do you feel there should be changes to the current requirements and processes around establishing Rural Plans? If so, what might those changes include? 2. Do you feel there is an opportunity to include provisions for rural planning within Regional Plans? What would be the advantages /disadvantages of this approach? 0 44 Local Plans - Section 23(5) of the Community Planning Act (the "Act ") provides that the following must be included in local plans: 1. statements of policy with respect to: (i) the development and use of land in the municipality, (ii) the conservation and improvement of the physical environment, (iii) the control and abatement of all forms of pollution of the natural environment, (iv) the development of communication, utility and transportation systems, (v) the reservation and projected use of land for municipal purposes, and (vi) the provision of municipal services and facilities, including: (A) sewage collection, treatment and disposal, (B) water supply and distribution, (C) garbage disposal, (D) educational and cultural institutions, (E) recreational facilities, parks, playgrounds and other public open spaces, (F) fire and police facilities, (G) cemeteries and crematoria, (H) urban renewal, (1) housing, (J) preservation of buildings and sites of historical interest, and (K) facilities for the provision of health and social services, (vii) the co- ordination of programmes of the council relating to the economic, social and physical development of the municipality, and (viii) such matters other than those mentioned in this clause as are, in the opinion of the council, advisable; and 2. such proposals as are, in the opinion of the council, advisable for the implementation of policies contained in the plan; and 3. subject to the provisions of the Act related to a capital budget, a five -year capital budget for the physical development of the municipality. 1. Should all of these components continue to be included in local plans? If not, which components should be removed? 2. What are the advantages and disadvantages of removing these components? 3. What, if any, other components do you feel should be included in local plans? 7 46 Planning Advisory Committee April 17, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E2L 4L1 SUBJECT: Street Vesting 446 & 447 Woodward Avenue I" City of Saint John The Planning Advisory Committee considered the attached report at its April 16, 2013 meeting. Mark Reade, on behalf of the City, expressed support for the application and staff recommendation. There was also a presentation by an adjoining property owner (Dawn Evans of 432 Woodward Avenue) seeking clarification to the nature of the application and raising questions concerning property boundaries. Staff responded to these inquiries. No other presentations were made at the meeting concerning this application, and no letters from surrounding property owners were received. After considering the matter, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. RECOMMENDATION: That Common Council assent to the submitted "The Estate of Mary Catherine Ritchie Subdivision" plan that would vest two 57- square metre parcels of land as part of the Woodward Avenue public street right -of -way. Respectfully s bm�ted, organ L ig Chair ` MO `f ` Project No. 13 -060 77 The Cit; of Saint John DATE: TO: FROM: FOR: PREPARED BY: __f��O 6 Mark O'Hearn Planning Officer SUBJECT: APRIL 12, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & DEVELOPMENT SERVICES MEETING OF APRIL 16, 2013 REVIEWED BY: r / A /, Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: City of Saint John (Real Estate Services) Name of Owner: Estate of Mary Catherine Ritchie Location: 446 & 447 Woodward Avenue PID: 55107254 Municipal Plan: Stable Residential Zoning: "IL -2" Major Institutional & "IL- I" Neighbourhood Institutional Proposal: To vest two existing narrow parcels of land as part of a public street right -of -way. Type of Application: Subdivision SAINT JOHN ^ter P.O. Box 1971 Saint John, NB Canada i_2L It www.saint ohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 City of Saint John (Real Estate Services) 446 & 447 Woodward Avenue JURISDICTION OF COMMITTEE: Page 2 April 12, 2013 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting (widening) of public streets. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the submitted "The Estate of Mary Catherine Ritchie Subdivision" plan that would vest two 57- square metre parcels of land as part of the Woodward Avenue public street right - of -way. INPUT FROM OTHER SOURCES: Bell Aliant, Rogers, and Saint John Energy have been advised of this application. Infrastructure Development supports this proposed street vesting (widening) that will result in a 20.17 -metre public street right -of -way width along this portion of Woodward Avenue. Inspection & Enforcement Service has been advised of this matter. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of this proposal. ANALYSIS: The subject area is comprised of two very narrow parcels of land immediately adjacent to the Woodward Avenue public street right -of -way (see attachments). These parcels were inadvertently created in 1968 by a subdivision plan that intended to transfer all the land from the original property to two adjacent provincial properties, but this plan illustrated a 20 -metre wide street right -of -way when in fact the street only had an 18.29 -metre width along this section. As a result these two 0.94 -metre wide parcels were created by this inaccuracy. The City (Real Estate Services) has obtained the consent of the landowners to acquire these two parcels for street widening purposes. The proposed vesting will result in creating a typical public street right -of. way width. Infrastructure Development supports this application. It should also be mentioned that on December 13, 2011 the Planning Advisory Committee recommended a street assent for another 0.94 - metre wide parcel of land immediately to the west, which was also created under very similar circumstances (see attached copy of the Heirs of Gaile F. Bullock Subdivision registered plan). Approval of the proposed street vesting is recommended. MO Project No, 13 -060 79 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 9 172 A 120 416 'flw 192 7 Q w 175 w , ... ,�odwaY3�►Y• � .. r • r • � • '� ' aV. ,�• In . r 175 JL -1 PID(s) /NIP(s): Subject Site /site en question: 55107254 Location: 446 & 447, ay. Woodward Av. Date: March 26 mars 2013 Scale /echelle: Not to scale /Pas a Vkhelle iR �eC .- Gout Ca E 1�I � 1 i -,fit f. . . ss i `;r 1.1,000 N.B. Grid Co- ordinate Values (HPN) I '" mm e oWI k' C 4f �•� La'%^.^ 4 i •, 71 Point Eaating Northing Monument 12 28 2530587.479 25,0655.90.7 7366038.284 7388! 29.O6S CALC CALC 29 2530594.252 7366019.821 CALC .ems 32 2530593.929 7366020.702 CALC T�7 AAFdAL�%�� 40 2830649,458 7366046.547 CALC 72 2530557.157 2530849.136 7388039,1 r3 7366047.526 ViC CALL 201 211 2530656.227 7366028.180 r%LO 1 4099 2530421.177 7365949.073 NBCM SHPN) _ \ 20046 2332080.2 "9 7363208.K9 NBCM HPN) u c z f N Provnce of Brunswick i �.. Scale Factor 1.00CD27 3, o a C a,o_ C.3 d Department of Education S", Plan file 4r, IN It PID 5`1092'10 APPROVALS: mw = > ; See Plan No. . 825 SAW JOW RATR Z PID 55005862 y aim Z ° a ° <LLO Key Plan `p y o c Scale = 1:25,000 e E o. E LEGEND: our ey mor::er found CL V` S SMS - Stondord survey marker set a a T:IEF - Round I— bar found 1 IEF - Square Non bor found o IPF - Iron pip, found Woodward Avenue O CALL - Calculated point A NB CM - N.B. Co-ordinate Monument (Public Street) sq.m. - Square metres Area 57 Sq.m, A - Arc R - Radius Rod.Pt. - Radius point q- Centroline 8719'00. 6254 —sy— fins r,at to scale Fence PID - Parcet identi0er number 8:1650 r2.51 HPN - High precision network Tobuld d co-ordinate mI.mnce O to AN.B.L.S. - Association N N.B. Lend Surveyors essie Bullock Gaile F, Bullock d Woodward Avenue ° d c NUTESI 1. Ae —.1h. and Co-ordinate cues mar to the Sae Pbn ilk Jt. N. 179 `� -a° NEW BRUNSWICK GRID CO- ORDINATE SY:'tEM (HPN) PID 55ID7247 See Plan File 28, No. 41 �, E and were derived from the tabulated New Bri nswick c� Co- ordinote Monuments. Computations performed and - ordinate values shown aro I on the 12 +u New Brunswick Steroographic Double Projection and 8719'00' 62.54 1 the NA083 (CS RS) ellipsoid. 2. Azimvth3 am rounded to the ncam;t 10 seto.lds. 871910 62.54 -. Distance. am in METRES and am rounded to the j o CG _ nearest CENTIMETRE. 4. Land. dealt with by this plan am bounded aPerlpheml �o Woodward Avenue 5- IntormotTon and adjacent (Public Street) derived from variay. sources and should be ve ltd. 6. All plane and deourn -t, roferenced are recorded Area = 57 sq.m. sa in the Registry office of the Count- of Saint John ' the Provincial Land Titles Registr;�. z° S 7r Field survey was completed March 25. 2010. a Ian PURPOSC OF PLAN: To 'den Waode.rd Avenue (Pub6o St-1) sic m I Lot 78 -2 Province of New Brunswwck Subdivision Plan See Plan Me, 778 Department of Supply and Services The Estate PID 550.13037 ee Ron Rle 46, No. 19 of PID 49916 Mary Catherine Ritchie Subdivision Woodward Avenue City of Saint John � � TITLE PID 5551717751 Saint John County, N.B. LOUIS MaCOSKERY RITCHIE to MAKY CATHERINE RITCHIE - deed doted August 29, 1951 - m aterod September 7, 1951 in volume 29F, Page .'mle 1:300 459 as Number 152232. KIERSTEAD QUIGLEY SIGNATURE OF OWNERS (MRS): 'e -� Hi r Tv, and ROBERTS Ltd. No. 184673 Saint John, New Brunswick -c a': Dena: M rh .4, 2010 Jahn F, 0uigley. NBLS 12 ^7.P.Fng. Me, Job N 10 -0005 pW�1 No• 29fi2 Book Me, Pogo 65 n- 8n G _ k / �1 wf �: J t \ o mot, „en rs� '3 Prov4,cs of New - f-wink Y 1 Depyrtment of Educotion 1 t wax Pre :r,w or New 9Nnawiek oepedmenl et Educofion gee Apn ni. E p'MD 4N3is Woodward Avenue (Public Street) 0 267 Province oepsn °%E mPleennntFT.a.ucotian %0 511G0=00 a May Whe,Ine sitcA'x -- G jY, w.xlma. . - -' I � -m• I- e • N- !,'...•. �.: '.s••l. , . • vspR.' f sK=�n. PIO��yI nn.,e o.. \ n � / � Woodward Avenue s.. r•.� k sl. e. r � 1105ry ('alflerte ij5ahie ro Ssthm• r. �� . ser _ e.e aer mine I a n moo.,. oe- '°��...,. k.m..�." .ye I f- e.mso. �- i.nn m � Pa ., Merpl M..wiw wma+ I 0.�n�muebeP.n -ems M.vu ♦rt I�xleran of 1ta l au. - .b a...ywa -- � sP•45 . ParcelEro LY / Lai 95 -IA / x 2001.5 �ro / Lt o 95 -7A s.. akn ... 2am<s P,0 35,ISI31 Lot y9 -n Parcel Y' aw IOeq fW <6. xe 10 o 1 Arimm. a.a ce -nano. ww .wa. m zr,. Iiw �Ilux.,nar cao o2- aloewr ss�st flwk> a.k.e twa uv�w.ba w, xu,..a W ab.'b INnmvla J � J _- __ - -_ _ —. —_ - - -� - -__ —_.1 Sw ebn wt 7Waaa2f II }I __— _ We.a xam .e N W n.e'.k] M a b. rm.� -�ONry sons xn� m ` peM.w�ekl ��ltl Monti 55. 2010. i RIMGeFiWn YIae0..]e M,w t1x3L['. -nwt) J /\ /• Boors Head Road _ - -T'- -- N.e. Grid ca -a einaie vomm (NPN) C v r v a a 1 o i o b l e — APPROVALS: �' -- - Subdivision Plan Heirs of Goile F. Bullock Subdivision j ' Woodward Avenue a ba I aee a ens. kw "t � iii ]< me aiia' sur,I +r'.w,o• - dn . lassssueeaa.evawomx,ass...e],eev aisss'mwwpx'«.z'oi] a.aar o �orx.e tin[ �• 2i4z .'ant H. NNWn R 9 m rME !. WLLDCK Ff Ili - :'� ° ia s 135 lb -.n. o ] s eo 253w2 .3 ]]0001 ].5e] 250IUe03v2 »mW].esa 1'.m541.139 ]JO.Y]a.aa] i. A3at A]a )YSYBO.N2 c plG , utc na.0 fI1C W,T_J±r metia°,� t�:T o e 7LQ City of Saint John Saint John County. N.S. t<a2 a3e r +usn issmi,aa ne s 2sso.2l.,n .s.on I srt sn, Dvx) a.], ooq. ai5 e. new lusts q� . t .'m 200.4 2auoaxee ]saaaaJae . xi[Y ! oM alaeavae Cf annm 0�'n w cork r au0ecq �'.,:.... "_'G�`!!.9�_._.... ....._..._...._ __ � J' U6 t1f •. .. 4:45 3 +V3Ei13 L ' KIERSTEAb QUIGLEY and R0,.6 -- SaIInJ ' i ��f . I smk ]kna• ,atom] n � I _ �•' V -a_e N' _ cG( •+yo- 83 Local Governance Reform Update: Legislative Modernization www.saintjohn.ca 64—).. SAINT JOHN _... _._ Pr zC Action Plan for a New Local Gomm System in New Brunswick i j New Brunswick's Regional Service Commissions ,� r �• t , a 4f J Brun BI —Awick BILL PROJET DE LOI 61 61 V Timelines. Summer 2012 -13 t t t Summer Sept. Nov. 2012 2012 2012 External Advisory Group Regional Service Commission T zoo Consultation ii Summer 2013 /_% -- www.saintjohn.ca SAINT JOHN Legislative Modernization Prescriptive =4 Permissive WL "% n6l WWW.saintjohn.Ca SAINT JOHN legislative Modernization G N B's Legislative Modernization Advisory Group Ifth- -1k,-- I&,-- City of NBAP Saint CNBA John www.saintjohn.Ca SAINT JOHN legislative Modernization Briefing to Council Briefing to Senior Leadership Team (SLT) City Staff Review Team Council SLT Feedback Feedback Report to Council ........... .........: nance & Administrative � Services lopment ces Intergovernmental Affairs icitor's Office Common Clerk's Office n6l WWW.saintjohn.Ca SAINT JOHN Legislative Modernization What does it mean to you to bean order of government? • What advantages /disadvantages in having municipalities collect property taxes? • What do you feel are the advantages of moving towards a spheres of jurisdiction approach? www.saintjohn.ca SAINT JOHN Legislative Modernization Do you feel that the process for LSD's to add or discontinue a service is appropriate and efficient? Why or why not? • What changes, if any, do you feel would improve the process of annexation, amalgamation, decrement, forming a Municipality, Rural Community, or LDSD? www.saintjohn.Ca SAINT JOHN 0 0 Legislative Modernization What should be covered in a future provincial planning policy? What components should be required in regional plans? Rural plans? What components should be required in the development of local plans? What components should be removed? www.saintjohn.Ca SAINT JOHN Legislative Modernization Any other questions that should be included in the examination around legislation modernization? www.saintjohn.ca n6l SAINT JOHN Next Steps 1. Implement Engagement and Feedback Plan 2. Appoint Member of Council to Cities of New Brunswick Association ad hoc committee on legislative modernization 3. Present findings of City Staff Review Team to Council for feedback 4. Prepare for tax room transfer review proces (coming soon) www.saintjohn.Ca SAINT JOHN X/\ X � J[ v� The city of Saint John April 29, 2013 Deputy Mayor and Councillors Subject: Recommended Appointments to a Committee The Committee of the Whole, having met on April 29, 2013, adopted the following recommendation: Power Commission of The City of Saint John: to appoint Bill Edwards for a three year term from June 22, 2013 to June 22, 2016; and to appoint Deputy Mayor Rinehart for a term from June 22, 2013 until the end of her current term on Council. Sincerely, Mel Norton Mayor 4PY SAINT JOHN P.O. Sox 1971 Saint John, NB Canaria E2L4 &51 www.sairz ohn.ca I CY 1971 Saint Jahn, III. -B. Canada 12L4L1 The City of saint John April 29, 2013 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees The Committee of the Whole, having met on April 29, 2013, adopted the following recommendations: Lord Beaverbrook Rink: to appoint Cathie Hurley and Sid Lodhi each for a three year term from April 29, 2013 to April 29, 2016. Saint John Non Profit Housing Inc.: to appoint Jeanne Beltrandi Chown for a three year term from April 29, 2013 to April 29, 2016. Saint John Substandard Properties Appeal Committee: to appoint Councillor McAlary for a term from April 29, 2013 until the end of her current term on Council; and to appoint Councillor Strowbridge as an alternate for a term from April 29, 2013 until the end of his current term on Council. Saint John Transit Commission: to appoint John Campbell for a three year term from April 29, 2013 to April 29, 2016. Sincerely, Mel Norton Mayor GAUNT JOHN :?O. Box 1971 Saint J&n, NB Canada E21_4961 mAv.saintiohn.ca I CA 1971 Saint John, NA. Canada F2l_40 ne City of saint John April 29, 2013 Deputy Mayor and Councillors Subject: King Edward VII Memorial Bandstand in Kings Square The Committee of the Whole, having met on April 29, 2013, adopted the following recommendation: RESOLVED that Common Council gratefully accept the offer from an anonymous donor to have Avant -Garde Construction and Management Inc. (Avant- Garde) refurbish the bandstand in King's Square at no cost to the City upon the following terms: (1) the refurbishment shall consist of the work as described in the submitted April 23, 2013 letter from Avant -Garde Construction and Management Inc., addressed to Bill Edwards, which work is to be executed in accordance with detailed plans approved by the Chief City Engineer and Building Inspector; (2) the refurbishment shall commence not later than the 6t' day of May, 2013 and be substantially completed not later than the 6th day of August, 2013; (3) Avant -Garde agrees to immediately vacate any mechanics' lien arising in connection with the refurbishment, failing which the City shall do so and Avant -Garde agrees to reimburse the City forthwith for any and all expenditures made by the City in this regard; (4) Avant -Garde shall, prior to commencement of the refurbishment, deliver to the City: (a) a certificate of insurance evidencing comprehensive general liability coverage on an occurrence basis in the amount of Five Million Dollars ($5,000,000.00) naming the City as an additional insured respecting the refurbishment and related activity; (b) a clearance certificate from Worksafe NB; (c) a duly executed release and indemnification in favour of the City and in the form prescribed by the City respecting the refurbishment and any related activity; (5) the refurbishment and all related activity shall proceed in a safe manner adhering to the following safety procedures, practices and protocols, in addition to those stipulated by applicable statutes or regulations: as described in the submitted April 23, 2013 letter from Avant -Garde Construction and Management Inc. and addressed to Bill Edwards; and (6) Avant -Garde shall obtain in a timely fashion all necessary permits, approvals or authorizations required by or pursuant to municipal by -law, provincial statute or regulation or federal statute or regulation respecting the refurbishment or any related activity. �P, SAINT !all-IN PO. Bux 1971 Sint John, NB Canada UL 4W I vmw.sain43hn.A I C_.P.1 971 Saint John, N.-B. Cana la EA 40 AND FURTHER BE IT RESOLVED that the City make a grant to Avant -garde in an amount equal to the cost of any and all permits, approvals or authorizations necessarily acquired by the company respecting the refurbishment. AND FURTHER BE IT RESOLVED that the City Solicitor be directed to prepare an agreement reflective of the terms herein and further that the Mayor and Common Clerk be authorized to execute the said agreement. Sincerely, Mel Norton Mayor RVRnT -GRROE hko, Construction and Management Inc. April 23, 2013 Saint John City Hall c/o Mr. Bill Edwards 15 Market Square 8t' Floor, City Hall Saint John, NB E21L 4L1 Dear Mr. Edwards, As a follow -up to our meeting last week, it is my pleasure to confirm that we have been approached by an anonymous donor that wishes to restore the famous King Square Bandstand. The work specifications are as follows: 1. Safety and temporary barricades including scaffolding, tarping, plywood base and lockable door 2. Periodic and final site cleaning and removal 3. Clean -up of dead birds in attic and installation of wire mesh under roof cap to prevent access for birds 4. Supply and installation of bird roost inhibitor spikes for perimeter of high roof 5. Installation of two ventilation panels to increase airflow in canopy 6. Removal of wood flooring and wooden supports at second level, supply and install hemlock 4 -1/2" x 5" support structure onto existing metal as per existing conditions and supply and install hemlock 2" x 5" new solid wood flooring for second level 7. Installation of new granite slab for the new rolling ladder location inside the red brick perimeter 8. Design and supply a rolling ladder to access the upper mezzanine and capable of being rolled to the Imperial Theatre 9. Clean existing roof to copper finish and polish 10. Sand blast all metal structure back to raw metal, apply one coat of Carboline Carbozinc 859 primer, apply one coat of Carbomastic 615 epoxy intermediate coat and apply one coat of Carbothane 134HG polyurethane topcoat 11. Paint existing wood soffit and accent color on trims 12. Original brass sign to be sand blasted, grinded, polished and lacquered with a chocolate background color and brass letters 13. Removal of existing panel conduit, junction boxes, light fixtures and electrical outlets back to existing meter. Supply and install a new weather proof panel, conduit as required, four new vandal resistant lights below 2nd level flooring and 48 new recessed pot lights with acrylic lenses at existing light locations 14. Fountain refurbishment by the removal of existing fountain rockwork, the supply and installation of a 3' diameter by 12" high granite cylindrical fountain base drilled to allow for a new recessed fountain head and the supply and installation of a new fountain pump and fountain head with stainless steel plate cover for pump access. You will also find enclosed a copy of our schedule for the work and our general liability insurance naming the City of Saint John as co- insured for this project. It is also understood that Avant -Garde agrees to immediately vacate any lien arising in connection with the above work. Saint John Moncton 99 89 Canterbury St., Suite 300 Tel: 506 -672 -1749 653 Babin St., Unit a Tel: 506 - 856 -5957 Email: info @agcm.ca Saint John, NB E21. 2C7 Fax: 506 -672 -1862 Dieppe, NS E 1 A 5M7 Fax: 506- 382 -9228 Website: www.agcm.ca 4 RVRnT -GARDE ills. Construction and Management Inc. We understand that this proposal will be part of the Monday April 29" Common Council and I will be present to answer any questions if required. Please let me know if I can be of further assistance. Sincerely, suavv--' Sarah Green for Patrick Sohy President Saint John Moncton100 89 Canterbury St., Suite 300 Tel: 506- 672 -1749 653 Babin St., Unit a Tel: 506- 856 -5957 Email: info@agcm.ca Saint John, NB E21- 2C7 Fax: 506- 672 -1862 Dieppe, NB E1A 5M7 Fax: 506- 382 -9228 Website: www agcm.ca ash ,F The City of Saint John April 29, 2013 Deputy Mayor and Councillors Subject: Investigative Solutions Network ( "ISN ") Contract The Committee of the Whole, having met on April 29, 2013, adopted the following recommendation: RESOLVED that Common Council in accordance with Schedule 1 of the submitted contract between the City and Investigative Solutions Network, approve the expenditure of a further sum of $100,000 inclusive of HST and that ISN continue with the Work and Deliverables as set out in the submitted contract. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, N13 CarA3 E2L4fiJ www. ingohn.ca C.P. 1971 Sain Jahn, N. -S. tanad -i E2140 1 r r. The City of saint John April 29, 2013 Deputy Mayor and Councillors Subject: Cox & Palmer — Easement Acquisition The Committee of the Whole, having met on April 29, 2013, adopted the following recommendation: RESOLVED that the City release the portion of the easement held by the City, which portion is shaded grey on the plan dated April 29, 2013 prepared by Genivar and which plan is attached to the correspondence from Cox & Palmer, dated April 29, 2013 and addressed to Common Council, in consideration of payment of one dollar; and further that the Mayor and Common Clerk be authorized to execute the appropriate documentation. Sincerely, Mel Norton Mayor SAINT JOHN 0?O. Box 1971 Saint John, NB Canada E21L 40112 wwwsaintjohn.ca CA 1971 Saint John, N. -B. Canada EX 40 C0 X & PA L M E R � coxandpairnerlaw.com New Brunswick i Newfoundland and Labrador I Nova Scotia Prince Edward Island April 29, 2013 Mayor Me! K. Norton and Members of Common Council The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NS E21- 41-1 Your Worship and Councillors: Re: Release of Easement - Retail Drive - Princess Auto Our File: 113/18/1755 We are solicitors for East Point Inc. East Point Inc has entered into a lease agreement with Princess Auto Ltd. for the construction and lease of premises at East Point Shopping. In preparing construction documents and applying for a building permit for the foundation, it has recently become evident that the building, together with a retaining wall for a loading ramp, will be constructed on a small portion of an easement that was granted by East Point Inc. to the City of Saint John by Easement Agreement dated October 30, 2006 (the "Easement Agreement "). East Point Inc. is requesting that the City of Saint John release that portion of its easement rights granted pursuant to the Easement Agreement which is shaded in grey on the plan attached hereto. There is some urgency to this request as there is a very tight construction schedule to meet in order to have the building ready in order for Princess Auto to open its doors for business. Our contractor is on site waiting for this matter to be resolved. Thanking you for your consideration of this matter. Your very truly, William H. Teed WHT /mhm Enclosure William N. Teed, Q.C. I Partner Direct 506 633 2718 Main 506 632 8900 Fax 506 632 8809 Email wteed0coxandpalmer.com Suite 1500 Brunswick Square 1 Germain Street Saint John NB E2L Correspondence PO Box 1324 Saint John E21- 41-18 ,i I �� r. 06-2 PLM 22@68084 PM MM934� El El ID ID 0 VAF -- - ----- -- -•- - - -- M2 d EA-'qNMT EASDADff AREA TO BE RD"= L — — — — — — PLAN 72MM4 17ae D— 230MMS WOUMNLSNW Jo SIM -------- ------- K-T-ft D R -TING -llV-L3N A --------------------------------------------------- RETAIL RIVE, SAINT JOHN SAINT JOHN COUNTY, N.B. mevea SCALE 1:500 ID 0 ID 20 30 40 --------- immmmmmme--! MAIN STREET, NI A UMlLAC SAINT JOHN, NEW BRUNSWICK G IV AR CARAMA E2K IA FVDNE'SDB 0719 EN FAX 7 gas 69 6M' WMIMENWMAFGLICSOM DRAW AO(T lfla& lowman JDAM APRIL :M 2013 JOB No,131-14317-00 I CAD,.131-14317--610 -- SCALE: 1: 500 104