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2013-12-23_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, December 23, 2013 5:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes December 9, 2013 2-13 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 NB Dental Society - Fluoridation of Municipal Water Supplies 14-14 (Recommendation: Refer to Common Clerk to schedule) 5.2 Peter A. Martin Holdings Ltd. - Water Shut Off Charges (Recommendation: 15-15 Refer to City Manager) 5.3 Extension to Access to 7 City Owned Properties to Decommission Abandoned 16-22 Oil Pipeline (Recommendation in Report) 5.4 Request to Extend Closing Sale of Former Philip and Wigmore Courts and one 23-27 Additional Property to YM -YWCA (Recommendation in Report) 5.5 Street Naming (Recommendation in Report) 28-30 5.6 Summary of the Federation of Canadian Municipalities' Advocacy Days and 31 -54 Directors Meetings, Nov 26 -29, 2013 (Recommendation: Receive for Information) 1 Po and By; &IBE. 1 5.7 Saint John Irving Oil Christmas Tournament Arena Fees (Recommendation in 55-57 Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 9.1 Staff Presentation: Sec 39 Amendment 1210 Loch Lomond Road 58-66 9.2 Proposed Sec 39 Amendment 1210 Loch Lomond Rd 67-69 9.2.1 Planning Advisory Committee Recommendation to Amend Sec 39 70-78 Conditions 9.3 Staff Presentation: Municipal Plan Amendment 1006 Latimore Lake Road 79-87 9.4 Proposed Municipal Plan Amendment 1006 Latimore Lake Road 88-89 9.4.1 Planning Advisory Committee Report Recommending Municipal Plan 90-109 Amendment 9.4.2 Kim Wilson Douglas Cyr Submission 1006 Latimore Lake Road 110-188 10. Consideration of By -laws 10.1 Third Reading Zoning ByLaw Amendment 4105 Loch Lomond Rd 189-190 10.1.1 Section 39 Conditions 4105 Loch Lomond Rd 191 -192 10.2 Third Reading Zoning ByLaw Amendment 233 Lancaster St 193-194 10.2.1 Section 39 Conditions 233 Lancaster Street 195- 195 10.3 Third Reading Zoning ByLaw Amendment 7 Sherwood Dr. 196-197 10.3.1 Section 39 Conditions 7 Sherwood Dr. 198-198 10.4 Third Reading ByLaw Respecting Water and Sewerage 199-199 10.5 Third Reading Traffic ByLaw Amendment re: School Zones 200-203 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Dangerous and Vacant Buildings Program 2013 Results 204-209 1 18. Adjournment 3 12.2 2014 Insurance Renewal 210-214 12.3 Update on the Loch Lomond Community Centre 215-222 12.4 Amendments to the Procedural By -Law (First and Second Reading) 223-229 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 2014 General Fund Operating Budget - Revisions 230-247 16.2 Budget Items (Mayor Norton) 248-249 17. Committee of the Whole 17.1 Long Term Disability ( "LTD ") Benefits - Post Bridging Period 250-250 17.2 Contract 2011 -13: Bayside Dr. - Sanitary Lift Station #3, Force Main and Sewer 251 -251 17.3 Recommended Appointments to Committees 252-252 17.4 Saint John Parking Commission - Memorandum of Understanding - Hot Spot 253-253 Parking Inc. 18. Adjournment 3 City of Saint John Common Council Meeting Monday December 23, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal 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 subsection 10.2(4) 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 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Legal Opinion 10.2(4)(f,g) 1.4 Personal Matter 10.2(4)(b) 1.5 Financial Matter 10.2(4)(c) The City of Saint John Seance du conseil communal Le lundi 23 d6cembre 2013 Salle du conseil, 17 h Comit6 pWnier 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 greffi6re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des decisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.2 Question financiere — alin6a 10.2(4)c) 1.3 Avis juridique — alin6as 10.2(4, g) 1.4 Question relative au personnel — alin6a 10.2(4)b) 1.5 Question financiere — alin&a 10.2(4)c) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc6s- verbal du 9 d6cembre 2013 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Soci6t6 dentaire du Nouveau - Brunswick — Fluoration du r6seau municipal d'alimentation en eau (recommandation : transmettre au greffier communal pour qu'une date de pr6sentation soit fix6e) 5.2 Peter A. Martin Holdings Ltd. — Frais li6s a la coupure de 1'alimentation en eau (recommandation : transmettre au directeur g6n6ral) 5.3 Prolongation pour 1'acc&s a sept (7) propri6t6s appartenant a la Ville afin de d6classer un ol6oduc abandonn& (recommandation figurant au rapport) 5.4 Demande de prolongation de la date de cloture de la vente des anciennes cours Freedom et Vimy et d'une propri6t& suppl6mentaire au YM -YWCA (recommandation figurant au rapport) 5.5 Attribution de nom de rue (recommandation figurant au rapport) 5.6 R6sum6 des r6unions des Journ6es de promotion des int6rets et du Conseil d'administration de la F&d6ration canadienne des municipalit&s, qui se sont d6roul6es du 26 au 29 novembre 2013 (recommandation accept&e a titre informatif) 5.7 Tournoi de Noel d'Irving Oil de Saint John — Frais de 1'ar6na (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques a 18 h 30 9.1 Pr6sentation du personnel : Modification des conditions impos6es par Particle 39 visant le 1210, chemin Loch Lomond 9.2 Projet de modification des conditions impos6es par Particle 39 visant le 1210, chemin Loch Lomond 9.2.1 Comit6 consultatif d'urbanisme recommandant la modification des conditions impos6es par Particle 39 9.3 Pr6sentation du personnel : Modification du plan municipal relatif au 1006, chemin Latimore Lake 9.4 Projet de modification du plan municipal relatif au 1006, chemin Latimore Lake 9.4.1 Rapport du Comit6 consultatif d'urbanisme recommandant des modifications au plan municipal 9.4.2 Demande pr6sent6e par Kim Wilson et Douglas relativement au 1006, chemin Latimore Lake 10. Etude des arretes municipaux 10.1 Troisi&me lecture du prof et de modification de 1'Arret& de zonage relativement au 4105, chemin Loch Lomond 10.1.1 Conditions impos6es par Particle 39 relativement au 4105, chemin Loch Lomond 10.2 Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 233, rue Lancaster 10.2.1 Conditions imposees par Particle 39 relativement au 233, rue Lancaster 10.3 Troisieme lecture du projet de modification de 1'Arrete de zonage visant le 7, promenade Sherwood 10.3.1 Conditions imposees par Particle 39 relativement au 7, promenade Sherwood 10.4 Troisieme lecture de 1'Arrete concernant les reseaux d'eau et d'egouts 10.5 Troisieme lecture de la modification de 1'Arrete relatif a la circulation : Zones scolaires 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Resultats en 2013 du programme relatif aux batiments dangereux et vacants 12.2 Renouvellement d'assurance pour 2014 12.3 Le point sur le Centre communautaire Loch Lomond 12.4 Modifications a 1'arrete procedural (premiere et deuxieme lectures) 13. Rapports d6pos6s par les comit6s 14. Etude des sujets kart6s des questions soumises i 1'approbation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 16.1 Budget de fonctionnement du fonds d'administration de 2014 — Revision 16.2 Elements budgetaires (maire Norton) 17. ComW pl6nier 17.1 Prestations d'invalidite a long terme — Apres la p6riode transitoire 17.2 Contrat 2011 -13 : Conduite d'eau principale et egout sanitaire a la station de relevement n° 3 de la promenade Bayside 17.3 Recommandations de nominations pour sieger aux comites 17.4 Commission sur le stationnement de Saint John — Protocole d'entente — Hot Spot Parking Inc. 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — DECEMBER 9, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; W. Edwards, Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development Services; N. Jacobsen, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; K. Clifford, Fire Chief; Sgt. S. Osborne, Police Dept.; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Greg McMullin from St. Mary's and St. Bartholomew's Church offered the opening prayer. 2. Approval of Minutes 2.1 Committee of the Whole Open Session Minutes of November 18, 2013 On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Committee of the Whole Open Session, held on November 18, 2013, be approved. Question being taken, the motion was carried. 2.2 Minutes of November 25, 2013 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the minutes of the meeting of Common Council, held on November 25, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Revised Uptown Saint John Budget and BIA; 16.2 Development of a New Long -Term Federal Plan to Fix Canada's Housing Crunch (Councillor Farren); 16.3 M &C 2013 -277 Easement Acquisitions for City Infrastructure Provincial Court Property at Peel Plaza; 16.4 M &C 2013 -279 Rescheduling of Public Hearing for Amendment to the Saint John Heritage Conservation Areas By -Law concerning 100 Watson Street and 183 Duke Street West; 16.5 Support for Responsible Exploration of Domestic Natural Gas (Mayor Norton); and 17.1 Committee of the Whole — Recommendation for Disability Benefits. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M & C #2013- 271: Sale of "To be Closed" Portions of Waterloo, Golding and Rebecca Streets, in the I 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 event the City of Saint John stops -up and closes a 24 square metre portion of Waterloo Street, a 50 square metre portion of Golding Street and a 46 square metre portion of Rebecca Street as shown on a Plan of Survey prepared by Hughes Surveys & Consultants Inc., dated October 3, 2013 and attached to M & C # 2013 -271, the City will sell the aforementioned parcels to Atlantic Real Properties Developments Inc. for $1,200.00 plus HST on the following conditions: a) Atlantic Real Properties Developments Inc. shall pay the cost of any and all plans of survey required to initiate the above noted street closures and any plan required for conveyance purposes; and b) Atlantic Real Properties Developments Inc. shall pay the cost of the public advertisement to initiate the street closure process, which shall include translations costs. Atlantic Real Properties Developments Inc. shall consolidate the "to be closed" portions of Waterloo, Golding and Rebecca Streets to its adjoining property, bearing PID Number 55210926. 5.2 That as recommended by the City Manager in the submitted report M & C -2013- 268: Acquisition of Land off Boars Head Road for Purpose of Construction of a Detention Pond - Stanley Gardens Ltd.: 1. The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to M & C 2013 -268 for the purchase of the fee simple interest in a portion of land, identified as being PID# 49817, comprising 52,904 square metres (13 acres) +/- as shown on an attached drawing titled "Millidgeville Stormwater Detention Pond Proposed Pond Expansion "; and 2. The Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendations 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. 10. Consideration of By -laws 10.1 Third Reading Stop Up and Close - Waterloo Street, Golding Street and Rebecca Street On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Waterloo Street, Golding Street and Rebecca Street, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Waterloo Street, Golding Street and Rebecca Street, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 3 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 13. Committee Reports 13.1 Uptown Saint John: Support for ZoneSJ On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that item 13.1 Uptown Saint John: Support for ZoneSJ be received for information. Question being taken, the motion was carried. 15. General Correspondence 15.1 Pavilion Cup Pond Hockey On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that item 15.1 Pavilion Cup Pond Hockey be referred to the City Manager and the 2014 budget. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Recommendation for Disability Benefits On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on December 9, 2013 Common Council adopt the following: Pursuant to the approval letter received from the Canada Pension and By Law # 4 respecting employee ID # 4340, that employee be awarded disability benefits from the City of Saint John in accordance with the Disability Pension provisions of the now repealed City of Saint John Pension Act, as the latter Act existed on the 31" day of December 2012. Question being taken, the motion was carried. 12.7 M &C 2013 -276 Withdraw Maritime Award On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -276: Withdraw Maritime Award: 1. Common Council rescind its September 30, 2013 resolution to award Tender 2013- 083101 T to Maritime Fence Ltd.; and 2. Tender 2013- 083101T be awarded to the next lowest compliant tenderer, Fundy Fencing Limited at a cost of $184,900.00 plus H.S.T. and that the Mayor and Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 12.8 Amendment to the Traffic By -Law School Zones (1st and 2nd reading) Consideration was given to a submitted report from the City Solicitor entitled Amendment to the Traffic By -Law School Zones. On motion of Councillor McAlary Seconded by Councillor Merrithew 11 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" repealing and replacing Section 23 with Section 23(1) and adding Schedule T- School Zones, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto" repealing and replacing Section 23 with Section 23(1) and adding Schedule T- School Zones, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 12.9 MC 2013 -270 80 University Ave Gorman Arena Site On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report MC 2013 -270: Amendment to Conditions of Sale for City Owned Property 80 University Ave Gorman Arena Site, the City enter into an amending agreement with SHX Development Limited in the form as attached to M &C No. 2013 -270, the purpose of which is to allow SHX Development Inc. to begin construction of buildings above grade on stipulated conditions, and that the Mayor and Clerk be authorized to execute the amending agreement. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Revised Uptown Saint John Budget and BIA On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the resolution adopted by Common Council on November 25, 2013 which states that the letter from Uptown Saint John Inc. submitting its 2014 budget be accepted, and that advertising be authorized with a date set for a public hearing on the Business Improvement Levy, be rescinded. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that the letter from Uptown Saint John Inc. submitting its 2014 budget being a revision of that having been received by Council from Uptown Saint John on November 25, 2013 be accepted; and further that the Common Clerk be directed to publish notice as described in s.4(2) of the Business Improvement Areas Act SNB 1985, C.B. — 10.2 as amended. Question being taken, the motion was carried. 16.2 Development of a New Long -Term Federal Plan to Fix Canada's Housing Crunch (Councillor Farren) On motion of Councillor Farren Seconded by Councillor McAlary 5 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 RESOLVED that Common Council adopt the following resolution regarding the Development of a New Long -Term Federal Plan to Fix Canada's Housing Crunch: WHEREAS, a stable and secure housing system that creates and maintains jobs and allows for a range of living options is essential to attracting new workers, meeting the needs of young families and supporting seniors and our most vulnerable citizens; and, WHEREAS the high cost of housing is the most urgent financial issue facing Canadians with one in four people paying more than they can afford for housing, and mortgage debt held by Canadians now standing at just over $1.1 trillion; and, WHEREAS housing costs and, as the Bank of Canada notes, household debt, are undermining Canadians' personal financial security, while putting our national economy at risk; and, WHEREAS those who cannot afford to purchase a home rely on the short supply of rental units, which is driving up rental costs and making it hard to house workers in regions experiencing strong economic activity; and, WHEREAS an inadequate supply of subsidized housing for those in need is pushing some of the most vulnerable Canadians on to the street, while $1.7 billion annually in federal investments in social housing have begun to expire; and, WHEREAS coordinated action is required to prevent housing issues from being offloaded onto local governments and align the steps local governments have already taken with regard to federal /provincial /territorial programs and policies; and, WHEREAS, the Federation of Canadian Municipalities (FCM) has launched a housing campaign, "Fixing Canada's Housing Crunch," calling on the federal government to increase housing options for Canadians and to work with all orders of government to develop a long -term plan for Canada's housing future; and, WHEREAS FCM has asked its member municipalities to pass a council resolution supporting the campaign; AND WHEREAS, our community has continuing housing needs that can only be met through the kind of long -term planning and investment made possible by federal leadership; THEREFORE BE IT RESOLVED that council endorses the FCM housing campaign and urges the minister of employment and social development to develop a long- term plan for housing that puts core investments on solid ground, increases predictability, protects Canadians from the planned expiry of $1.7 billion in social housing agreements and ensures a healthy stock of affordable rental housing for Canadians. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the minister noted above, to the provincial minister of municipal affairs, to local MP's, to the Federation of Canadian Municipalities and to the Cities of New Brunswick Association. Question being taken, the motion was carried. 16.3 M &C 2013 -277 Easement Acquisitions for City Infrastructure Provincial Court Property at Peel Plaza On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M & C 2013 -277: Easement Acquisitions for City Infrastructure Provincial Court Property at Peel Plaza: 1. The City acquire easements for municipal services from the Province of New Brunswick through PID No. 55178792, which will exclude the sanitary and storm infrastructure located within the Easement area as depicted on a Plan of Survey, X 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 prepared by Hughes Surveys & Consultants Inc., a copy of which is attached to M &C 2013- 277; 2. The City pay up to a maximum of $350.00 plus HST for the legal fees of the owners who must consent to the City's easements; and 3. The City pay Hughes Surveys & Consultants Inc. a maximum of $2,500.00 plus HST for their services in the preparation of a Plan of Survey depicting the City easements on the property owned by the Province of New Brunswick. Question being taken, the motion was carried. 16.4 M &C 2013 -279 Rescheduling of Public Hearing for Amendment to the Saint John Heritage Conservation Areas By -Law concerning 100 Watson Street and 183 Duke Street West On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M & C 2013 -277: Rescheduling of Public Hearing for Amendment to the Saint John Heritage Conservation Areas By -Law concerning 100 Watson Street and 183 Duke Street West: 1) Common Council reschedule a public hearing date of Monday, February 3, 2014 at 6:30 pm in the Council Chamber to consider an amendment to the Saint John Heritage Conservation Areas By -Law, which would remove the church building at 100 Watson Street from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard; and 2) Common Council reschedule a public hearing date of Monday, February 3, 2014 at 6:30 pm in the Council Chamber to consider an amendment to the Saint John Heritage Conservation Areas By -Law, which would remove the Rectory building at 183 Duke Street West from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard. Question being taken, the motion was carried. 16.5 Support for Responsible Exploration of Domestic Natural Gas (Mayor Norton) On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that whereas natural resources are integral to the economy of New Brunswick, vital to many Saint John businesses and provide employment to thousands of Saint John residents that Council endorse the responsible exploration of domestic natural gas in New Brunswick. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that a copy of the above resolution be forwarded to the Premier, area MLA's, Cities of New Brunswick, the Mayors of Moncton and Fredericton, local area Mayors, Regional Service Commission, Enterprise Saint John and the Saint John Board of Trade. Question being taken, the motion was carried. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 6:30 p.m. 9.1 Proposed Section 39 Amendment - 55, 61, 67 and 72 -74 Old Lake Trail 9.1.1 Planning Advisory Committee Report Recommending Denial of Section 39 Amendment 7 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions imposed on the November 3, 2003 rezoning of the property located at 55, 61, 67 and 72 -74 Old Lake Trail, also identified as PID Numbers 55208920, 55208862, 55208888, 55186597 and 55208789 to amend or delete the conditions that prohibit the construction of semi - detached dwellings with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 19th, 2013 meeting at which the committee recommended that Common Council deny the proposed amendment to the Section 39 conditions for the subject site. The Mayor called for members of the public to speak against the amendment with Mr. Seamus Hanley of 56 Old Lake Trail expressing concerns with the proposal and the amendment of the zoning from single family use. Mr. Hanley suggested that the matter be referred back to the Planning Advisory Committee if in fact the proposal has been reduced from ten semi - detached dwellings to four to allow for a re- evaluation of the proposal. Mr. Gerald Smith of 73 Norman Drive also spoke against the proposed amendment and the proposal to build semi - detached homes in the area which is currently zoned for single family residences. He added that people who bought property in this subdivision did so with the understanding that there would only be single family homes in this neighbourhood. The Mayor called for members of the public to speak in favour of the amendment with Mr. Rick Turner of Hughes Surveys and Consultants speaking on behalf of the applicant. Mr. Turner explained that the property is zoned for two family residences and that any home in the subdivision can have an apartment within their dwelling, adding that the semi - detached units was the only restriction placed upon the property. He added that reference to the subdivision as a single family area is not accurate. Mr. Turner confirmed that the developer has asked that the proposal be scaled back to two semi - detached units, or four units in total, adding that the developer had intended to use only two properties for a total of four units, but that he suggested that five properties be identified to allow interested buyers to choose the property location of their choice. Mr. Paul Folkins, identified as the developer of the proposal, indicated that he spoke with the homeowners in the area and with the exception of a few, most were in agreement with the proposal provided that the semi - detached dwellings were of at least equal value to the homes already in the subdivision. Responding to a question, Ms. Hamilton stated that staff was not aware of the change to the original application from five to two semi - detached units, adding that staff would have to review the proposal in order to provide further advice to Council. She explained that Council can make changes to the application, noting that if the changes are substantial the proposal may have to be re- advertised and a new public hearing date scheduled. Mr. Nugent confirmed that when there is a material change in the proposed amendment there is an obligation to re- advertise noting that what constitutes a material change is not defined in the Act. On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the proposed Section 39 amendment for 55, 61, 67 and 72 -74 Old Lake Trail be referred to the City Manager to consider the procedural issues and report back to Council on the matter. Question being taken, the motion was defeated with Deputy Mayor Rinehart and Councillors MacKenzie, Fullerton, Lowe, McAlary and Reardon voting nay. On motion of Councillor MacKenzie Seconded by Councillor Lowe RESOLVED that Common Council refer the proposed Section 39 amendment for 55, 61, 67 and 72 -74 Old Lake Trail back to the Planning Advisory Committee for consideration of the revised application and to the City Solicitor for a legal review. n. 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 Question being taken, the motion was carried with Deputy Mayor Rinehart and Councillor Fullerton voting nay. 9.2 Proposed Zoning By -Law Amendment - 4105 Loch Lomond Road 9.2.1 Planning Advisory Committee Report Recommending Rezoning and Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Numbers 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 19th, 2013 meeting at which the committee recommended the rezoning of a parcel of land located at 4105 Loch Lomond Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Mr. Don LeBlanc of 628 Michael Crescent, representing the applicant presenting, and indicated that the applicant is prepared to accept all staff recommendations. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Numbers 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Numbers 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Zoning By -Law Amendment - 233 Lancaster Street 9.3.1 Planning Advisory Committee Report Recommending Rezoning and Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 19th, 2013 meeting at which the 9 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 committee recommended the rezoning of a parcel of land located at 233 Lancaster Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Mr. Scott Smith of 42 Mountain Road indicating that he is in favour of the staff recommendation. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.4 Proposed Zoning By -Law Amendment - 7 Sherwood Drive 9.4.1 Planning Advisory Committee Report Recommending Rezoning and Section 39 Conditions 9.4.2 Letter from B. Trecartin re: 7 Sherwood Drive The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID Number 00324012, from "B -1" Local Business to "BR" Business Residential with letters of objection and support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 19`", 2013 meeting at which the committee recommended the rezoning of a parcel of land located at 7 Sherwood Drive as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID Number 00324012, from "B -1" Local Business to "BR" Business Residential, be read a first time. 10 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 Question being taken, the motion was carried Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID Number 00324012, from "B -1" Local Business to "BR" Business Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 M &C 2013 -254 Watershed Protection - Forest Management Plan (Tabled from November 25, 2013) Item 12.1 Watershed Protection — Forest Management Plan remained tabled. 12.2 M &C 2013 -264 Project Update Prince William Street (Princess Street to Duke Street) Street Reconstruction (Tabled from November 25, 2013) On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that Item 12.2 M &C 2013 -264: Project Update Prince William Street (Princess Street to Duke Street) Street Reconstruction be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 — 264: Project Update Prince William Street (Princess Street to Duke Street) Street Reconstruction: 1. Common Council provide direction to staff on which of the two curbing options should be utilized on Prince William Street between Princess Street and Duke street; 2. The City accept the financial contribution of $94,625.00 from Public Works and Government Services Canada for the removal of the abandoned heating tunnel on Prince William Street; and 3. Common Council endorses that participation of Saint John Energy in the relocation of the overhead services to underground services on Prince William Street from Princess Street to Duke Street. Question being taken, the motion was carried. On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that City Staff be directed that granite curbing be utilized on Prince William Street and Duke Street. Question being taken, the motion was carried with Councillor McAlary voting nay. 12.3 M &C 2013 -273 Proposed Operating Budget Water and Sewerage Utility Fund 2014 11 98- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBRE 2013 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -273: Proposed Operating Budget Water and Sewerage Utility Fund 2014, Common Council adopt the following resolutions: 1. The estimated revenue for the Water and Sewerage Utility for the year 2014 in the amount of $39,097,000 be adopted (Appendix "B "); 2. The estimate of expenses for the Water and Sewerage Utility for the year 2014 in the amount of $39,097,000 be approved (Appendix "A" — Option 2); and 3. The By -Law entitled A By -Law to Amend a By -Law Respecting Water & Sewerage (Appendix "C ") be given first and second reading. Question being taken, the motion was carried with Councillors Merrithew and Strowbridge voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Water and Sewerage" amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2014 Schedules "A" and "B ", be read a first time. Question being taken, the motion was carried with Councillors Merrithew and Strowbridge voting nay. Read a first time by title, the by -law entitled "A By -Law to Amend a By -law Respecting Water and Sewerage ". On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Water and Sewerage" amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2014 Schedules "A" and "B ", be read a second time. Question being taken, the motion was carried with Councillors Merrithew and Strowbridge voting nay. Read a second time by title, the by -law entitled "A By -Law to Amend a By -law Respecting Water and Sewerage ". 12.4 M &C 2013 -272 2014 Water & Sewerage Utility Capital Budget On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -272: 2014 Water & Sewerage Utility Capital Budget, Common Council: 1) Approve the 2014 Capital budget for the Utility Fund in the amount of $14,650,000 (gross) with contributions from other sources of $1,980,000 yielding a Capital budget in the amount of $12,670,000 (net) as set in the submitted Appendix A. Question being taken, the motion was carried. 12.5 M &C 2013 -274 Placing or Dumping of Fill - Update On motion of Councillor Reardon Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -274: Placing or Dumping of Fill - Update, the issue of the placing or dumping of fill be referred to the Development Approval Process Review Project Team for inclusion in the Project's work plan. 12 97- COMMON COUNCIL /CONSEIL COMMUNAL DECEMBER 9, 2013/LE 9 DECEMBER 2013 Question being taken, the motion was carried. 12.6 M &C 2013 -278 Public Hearing Procedure for Community Planning Matters On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -278: Public Hearing Procedure for Community Planning Matters, Council adopt a business practice to enable a brief 10 minute presentation by Professional Planning staff at the beginning of a Public Hearing scheduled for consideration of a planning application. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Norton Seconded by Councillor Strowbridge RESOLVED that the Common Council meeting of December 9, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 9:00 p.m. Mayor / maire Common Clerk / greffier communal 13 New Brunswick Dental Society Societe DentaWe du F03Nouveau-Brunswick Common Clerk's Office Attn: Jonathon Taylor City Hall P. 0. Box 1971 Saint John, NB E2L 4L1 Via fax: 506 -674 -4214 December 12, 2013 Dear Mr. Taylor, 520 rue King Street, HSBC Place #820 P.O, /C.P Box 488, Station "A" Fredericton, N.B. E3B 4Z9 Tel: {506) 452 -8575 Fax: (506) 452 -1872 Re: Presentation to Saint John City Council related to fluoridation of municipal water supplies The New Brunswick Dental Society would like to request time to address Council on the issue of fluoride in the municipal water system, as per the direction provided at the December 9th meeting of Council. We appreciate that Council has decided to examine the issue more closely, and accept guidance from health officials. This is not an issue that can be decided on pure economics alone and it is our hope that a discussion about the proven science will prove helpful to Council. We look forward to receiving an invitation to have an in -depth discussion with Council on the scientific facts related to the benefits of fluoride. Thank you in advance for your consideration. Sincerely, Dr. Jeff Claris President, NBDS website: www.nbdental.com 14email: nbds @nb.aibn.com 12/06/2013 12 :58 5932665 LEDGERS SAINT JOHN PAGE 01/02 Peter A. Martin Holdings Ltd. 300 Main Street Saint John, NIB E2K 1H9 Mayor and Common Council City of Saint John PO Box 1971 Saint John, NB B2L 4L 1 December 5, 2013 Dear Mayor and Common Council Re: Account 0000040-00004M Our building located at 28 Adelaide Street, has been vacant since Novernber 2011. The last tenant to occupy the building was The building has been undergoing renovations since that time. Win request that the water be shut off at that time, as we presumed the renovations would have been completed within the 6 months required by bylaw to stop charging. Since the renovations are still ongoing, we would ask you to reverse the charges after the 6 months period. Your considezation would be much appreciated. The building is now occupied as of December 1, 2013 15 S,3 REPORT TO COMMON COUNCIL M & C #2013 -283 December 23, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Extension to Access to Seven (7) City Owned Properties to Decommission Abandoned Oil Pipeline BACKGROUND: Earlier this year, Council resolved to access to seven City owned properties to Irving Pulp & Paper, Limited (IPP) (see attached map), situated along the Saint John River on the City's West Side for the purpose of conducting investigation, tests and remediation of an abandoned oil pipeline owned by the same company. The above noted work is near complete, however IPP is requesting an extension into next year as there is some environmental monitoring and remediation that is required of the decommissioned pipeline. r7 City of Saint john Attached to this report is an access agreement between IPP, as the company responsible for the remediation/decommissioning of this pipe line and the City which is intended to give IPP continued access to the City lands through which this pipe travels. This agreement is almost identical to the one previously granted earlier this year with the exception of the termination date now being December 31, 2014. This document has been prepared by the City's Legal Department. The following recommendation will allow IPP continued access to enter upon the City's lands for the purpose of properly decommissioning the pipe line and eliminating any risk associated with same until the end of 2014. RECOMMENDATION: That the City of Saint John enter into an Access Agreement with Irving Pulp & Paper, Limited for the purpose of carrying out such inspections, investigations, surveys, testing's and environmental audits as the Company shall deem necessary on the affected City owned Lands, upon the terms and conditions set out in the 16 Decommission of JDI Pipeline - 2 - December 23, 2013 Agreement attached to this report (M & C #2013 -283) and dated December 23, 2013; and that the Mayor and Common Clerk be authorized to execute the said Agreement. Respectfully submitted, ,j Curtis I Real Es Attachment CUC // // f / e ­ Brian Irving, F Manager Real V CGA, MBA P ck Woods, CGA C Manager Administrative Services 17 C y o •� Q• a Ea 2MNOd MMU) — a-01-0Inr Nto OC S, M r 00 Un In M ��ONN LO O'D Q l 0 L on � ill In p o0LO en00cn cnn00000 p U) a. a. M um U a 44 rA 3 'Wail pram. Fails View Dr. Q 4y 0. �o s ;. 0. O� a, 01 aril 4� 4�pa 4h0 ip ;li N� v G C y m a m� m V 18 4y 0. �o s ;. 0. O� a, 01 aril 4� 4�pa 4h0 ip ;li N� v G THIS AGREEMENT made this day of , 2013. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE FIRST PART -and - Irving Pulp & Paper, Limited, a body corporate duly registered under the laws of the Province of New Brunswick, having offices at 300 Union Street, in Saint John, New Brunswick, hereinafter the "Company" OF THE SECOND PART WHEREAS the City is the owner of lands designated by Service New Brunswick as PID Nos. 00415968, 55003172, 55021950, 55028054, 55155519, 55155923 and 55163265 (hereinafter the "Lands "); and WHEREAS the Company seeks access to the Lands to carry out inspections, surveys and testing; and WHEREAS at a meeting of the Common Council of the City of Saint John held , 2013, the City resolved to give to the Company access to the Lands to carry out inspections, investigations, surveys and testing upon such terms and conditions as are hereinafter set out; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: 19 Access Agreement -2— 1. The Company, by its authorized representatives and agents, with such equipment as may be necessary, has a right of access to, in and upon the Lands at any time provided such right is exercised with as little disturbance as possible to the City and does not unduly interfere with the City's use of the Lands at such times and for such purposes hereinafter set out: a) the right of access is to allow the Company to carry out such inspections, investigations, surveys, testings and environmental audits as the Company shall deem necessary, as well as some possible excavation; b) the right of access to, in and upon the Lands shall terminate at 11:59 p.m. Iocal time on the 31" day of December, 2014; c) any entry to, in and upon the Lands shall require 24 hours prior written notice to the City Manager of the City; d) the Company shall pay all costs and expenses related to, arising out of or in connection with the inspections, investigations, surveys, testings and environmental audits, including site cleaning, preparation and landscape restoration; e) any entry by or on behalf of the Company on the Lands shall be at the Company's sole risk, cost and expense and the Company shall male good any and all damage caused to the Lands; f) the Company shall carry out the inspections, investigations, surveys, testings and environmental audits in such a manner as to minimize damage to the Lands, only cut trees insofar as it is necessary for the purposes of inspections, investigations, surveys, testings and environmental audits and restore the Lands to as close to its original condition as is reasonably possible; g) the Company shall not exercise any access in, to and upon the Lands until the Company delivers to the City a Certificate of Insurance naming the City as an additional insured for claims arising from the operations of the Company, evidencing a policy of commercial general liability coverage on "an occurrence" basis and containing a cross liability clause, which policy must have an inclusive limit of not less than Five Million ($5,000,000.00) Dollars. The aforesaid Certificate must provide that the insurer or its agent will endeavor to provide thirty (30) days prior written notice to the City before the insurance is cancelled or allowed to lapse. The aforesaid insurance coverage must remain in fall force and effect during the entire term of this Agreement; 20 Access Agreement -3— h) the Company, for itself and its authorized representatives and agents, hereby indemnifies and saves harmless the City from and against all actions, causes of actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the City, caused by, resulting from or in any way attributable to the exercise by the Company, or by its authorized representatives or agents, of the rights given by this Agreement; in each case except to the extent such loss, damage or injury is caused or contributed to by the negligence or willful misconduct of the City, its employees, servants or agents; i) The Company, for itself and its successors and assigns, (the "Releasor ") and to the fullest extent permitted by law, hereby releases and forever discharges the City, its employees, officers, agents, successors and assigns, (the "Releasee ") from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, which are or may be in any way related to or connected or associated with the exercise by the Company, or its authorized representatives or agents, of the rights given by this agreement; j) the Company shall provide to the City copies of any and all reports, letters, memos, or any other written documentation received in respect of all inspections, investigations, surveys, tcstings and environmental audits conducted on the Lands; k) the Company shall coordinate all work carried out on the Lands pursuant to paragraph a) and any visit or access to the Lands with John Campbell, P. Eng., Municipal Engineer, who may be reached at (506) 632 -6890 or at j ohn.campbell @saintj ohn. ca. 2. This Agreement is not assignable. 3. This Agreement shall enure to the benefit of and be binding upon the respective successors and assigns of the parties. 21 Access Agreement -4— IN WITNESS WHEREOF the parties hereto have caused these presents to be duty executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED & DELIVERED) In the presence of ) } ) ) ) } ) ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: IRVING PULP & PAPER, LIMITED Per: And: 22 REPORT TO COMMON COUNCIL M &C #2013 -281 December 23, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Request to Extend Closing of Sale of former Philip and Wigmore Courts and One Additional Property to YM -YWCA City of Saint john Common Council, at its October 15, 2012 meeting approved the sale of two former streets (Philip and Wigmore Courts) along with a third Parcel identified as PID No. 5516069 Ito The Saint John YM -YWCA Inc., on the terms and conditions set out in an Agreement of Purchase and Sale. Pursuant to the Agreement of Purchase and Sale, the sale to the YW -YMCA is conditional upon the proponent acquiring adjacent lands from the Province of New Brunswick. The CIosing Date for the transaction was originally set for December 31, 2012. It was subsequently amended to on or before December 31, 2013. The solicitor acting for the Purchaser has recently advised that the YM -YWCA is seeking to postpone the closing once again because the transaction involving the proponent and the Province, which is a precondition to the City's conveyance to the YM- YWCA, has not been completed. The request states that more time is necessary for the proponent to acquire the adjacent Provincial property and a similar request is thereby requested to acquire the City parcels. Also, since the City and the YM -YWCA first entered into the Agreement of Purchase and Sale, the Planning Department has determined that a right-of-way over provincially owned PID No. 46110 will be required to accommodate the on- site parking requirement. The Legal Department drafted an amending agreement which postpones the closing date to December 31, 2014 to allow sufficient time for the pre - condition of sale to be fulfilled and which also stipulates that the proponent shall acquire the required right -of -way before occupation. If Council is in agreement, the following recommendation is set out for their consideration. 23 Sate of City Property to YM -YWCA - 2 - December 23, 2013 RECOMMENDATION: That the City enter into an Amending Agreement with The Saint John YM- YWCA Inc. in the form as attached to M & C No. 2013 -281 and that the Mayor and Common Clerk be authorized to execute the said Agreement. Respectfully submitted, ;a' Langille, B Real Estate Offi erf% Greg 3�'eog ans, CGA, MBA and Administrative Services ent 24 Brian Irving, BBA Manager Real Esta at 'ck Woods, CGA Ci Manager Q U } Fl�* 70 ^> W Q U Q U L I..L mO L urchSl4 Blvd. m °' u v rn O N O N ti N rr Q 7 H b N N w {7y 4 G Cn q U (D t r J: N L co a Q O U AMENDING AGREEMENT This Agreement made this day of December, 2013. BY AND BETWEEN: THE CITY OF SAINT JOHN, the "Vendor" and THE SAINT JOHN YM -YWCA INC., the "Purchaser" WHEREAS, pursuant to a resolution of the Common Council of the said City of Saint John adopted October 15, 2012, the Purchaser entered into an Agreement of Purchase and Sale with the Vendor for certain premises therein described; and AND WHEREAS a Closing date of "on or before December 31, 2012" is provided for in the said Agreement of Purchase and Sale; AND WHEREAS by Agreement dated December 13, 2012, the Purchaser and the Vendor agreed to extend the said closing elate to "on or before December 31, 2013"; Date; AND WHEREAS the Purchaser has requested another extension of the Closing AND WHEREAS the Vendor has agreed to such extension; AND WHEREAS the approval of the Purchaser's proposed development on lands bearing PIDs 55160410, 55217145, 55217137 and 55160691 is conditional upon the Purchaser obtaining from the Province of New Brunswick a Right -of -Way over apparent PID 00046110 to access the said lands; AND WHEREAS the Province of New Brunswick by letter dated January 7, 2013, has confirmed its commitment to granting the Right -of -Way to the Purchaser after the Purchaser acquires PID 55160691 from the Vendor; NOW THEREFORE in consideration of the sum of One Dollar ($1.00) of lawful money of Canada each paid to the other, the receipt whereof is respectively acknowledged, the Vendor and the Purchaser agree as follows:- 26 21 Page 1. The Closing Date shall be on or before December 31, 2014. 2. The Purchaser shall, before the Purchaser enters into occupation of the new YM- YWCA facility to be built on lands bearing PIDs 55160410, 55217145, 55217137 and 55160691, obtain froze. the Province of New Brunswick a Right -of -Way over apparent PID 00046110 to access the northern most side of PIDs 55160691 and 55160410 to accommodate the on -site parking requirements of the Purchaser's proposed development. 3. All terms, provisos, conditions and covenants in the hereinbefore recited Agreement of Purchase and Sale between the Vendor and the Purchaser shall remain in full force and effect, with the exception of the change to the Closing Date. AND it is hereby agreed that these presents and everything herein shall ensure to the benefit of and be binding upon the Vendor and the Purchaser hereto, and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals the day and year first above written. THE CITY OF ,SAINT JOHN Per: Mayor And: Common Clerk Common Council Resolution: December , 2013 THE SAINT JOHN YM -YWCA INC. Per: President and CEO 27 -- l REPORT TO COMMON COUNCIL M & C 2013 -282 December 13, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAMING Background ± City of saint John The One -mile house interchange is now open to through traffic, but does not have an officially assigned street name. The currently unnamed section of street is located between the intersection of Mount Pleasant Avenue & Seely Street and the intersection of Thorne Avenue, Loch Lomond Road & Bayside Drive (see attached Map A). While researching possible names for this section of unnamed street, Staff have discovered that the original City survey sheet No. 44, dating back to 1925, showed a proposed extension of Seely Street approximately where the currently unnamed section of street begins, on the eastern side of Mount Pleasant Avenue (see attached ). Whereas Seely Street civic addressing increases from West to East, extending Seely Street past the intersection with Mount Pleasant Avenue would not cause any issues for NB911. Recommendation It is recommended that Common Council officially name the section of street between the intersection of Mount Pleasant Avenue & Seely Street and the intersection of Thorne Avenue, Loch Lomond Road & Bayside Drive as rue Seely Street. Respectfully submitted, Jacq ' e Hamilton, MURP, MCIP, RPP Co issioner Growth and Community Development Services YL atrick Woods, CGA City Manager h. lop, Nze 40 —41 V: OF 1 43 1% F 4f 4L Q i ,Vk, 0 C K W 0 0 b HORTICULTURAL GAR-DENs. RA-Ty QDW 07, 40 BCA� 40 Fe toanlneh. I V42 CP S E L R E: E: 4T ��:.'. t '' -n— 7 lco t al GC IF; cl gco- A 'pro w I W v e P i m r ST. L -.- M—F --J IL Vq, v sly* W H T r— y 1 s5 30 5L� REPORT TO COMMON COUNCIL December 11, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: i � �i''lii The City of Sgo Join SUBJECT: SUMMARY OF THE FEDERATION OF CANADIAN MUNICIAPLITIES' ADVOCACY DAYS AND BOARD OF DIRECTORS MEETINGS, OTTAWA, ONTARIO, NOVEMBER 26-29,2013 From November 26h to 296', 2013, the FCM hosted its Advocacy Days and Board of Directors meetings in Ottawa, Ontario. As the City of Saint John is an active participant in two FCM Committees, the City's FCM representative — Councilor Farren, was present during the November meeting. FCM has released a "Report to Council" on the major developments during the meeting, and Members of Council are encouraged to review the document (see attachment). During the four day meeting, FCM met with a total of 141 Members of Parliament and Senators, and focused on the following priorities: housing crunch, renewing the Building Canada Fund and railway safety. During the Standing Committee on Municipal Finance and Intergovernmental Arrangements, participants were keen to review the final details of the European Union Trade Agreement, and ensure that it should not lead to increased red rape and administrative costs for municipalities. During the Standing Committee on Municipal Infrastructure and Transportation Policy, FCM reported on the progress of the Building Canada Fund, and participants voiced their concern over the lack of clarity on next steps, especially the Small Communities component. In addition, the Committee received an overview of FCM's rail safety priorities and indicated that the priorities link nicely with the Minister of Transport's announcement of new Protective Direction on rail safety. The Committee approved a motion to extend the mandate of FCM's National Municipal Rail Safety Working Group in order to provide continued support to the Government of Canada on rail safety and the transportation of dangerous goods. For more information, or to review the key findings from the two FCM committees in which the City of Saint John participates — Standing Committee on Municipal Finance and Intergovernmental Arrangements (p. 6 of 21) and Standing Committee on Municipal Infrastructure and Transportation Policy (p. 14 of 21), please refer to the attached document. 31 Page 2 RECOMMENDATIONS Staff recommends that Common Council: 1. Receive and file this report. Respectfully submitted, Phil Ouellette, MA Intergovernmental Affairs Coordinator Neil Jacobsen Commissioner of Strategic Services . I aj"n. J trick Woods, CGA City Manager 32 FCMFELfEPATION I�Eis�i? DTI CLF., 0r- C" N''ADIAN CANAD12NN !DES ,lU,-,lClF'-aLITICF ia,U W- 1PALITi,tS REPORT TO COUNCIL 2013 FCM Advocacy Days and Meeting of the Board of Directors OTTAWA, ON NOVEMBER 26 - 29, 2013 33 ..L {:. F.:_ JICI�d.LITIE3 M JN1C ;A; %LI i.:a OVERVIEW The Federation of Canadian Municipalities (FCM) 2013 FCM Advocacy Days and Meeting of the Board of Directors took place in Ottawa from November 26 - 29, 2013. Advocacy Days During Advocacy Days, FCM board members met with 141 members of Parliament and senators. President Dauphin, First Vice - President Brad Woodside, Second Vice - President Raymond Louie, Third Vice - President Clarke Somerville and Vice - President at Large Ben Henderson also met with the Prime Minister, who was joined by Ministers Kenney, Lebel, Raitt and Bergen. FCM members thanked parliamentarians for their cooperation on various issues and talked about FCM priorities: the housing crunch, renewing the Building Canada Fund for infrastructure, and railway safety. MPs indicated that they highly value FCM support and welcome our partnership approach to issues such as infrastructure, trade and rail- safety. Members noted that MPs from all parties recognize the importance of the housing issue, but government MPs indicated that balancing the federal budget by 2015 is the top priority and future funding will be considered within that context. National Board Meetings Board members participated in Regional Caucus meetings, Standing Committee and Forum meetings and a Committee of the Whole meeting. In these meetings, they discussed a broad range of important municipal issues that are presented in detail in the committee reports that follow. Board members also welcomed Councillor Ben Henderson of Edmonton to the role of Vice- President at Large, a temporary position he will hold until the 2014 AGM. This position was created after the departure of Past President Karen Leibovici. Cabinet ministers Denis Lebel (infrastructure and communities) and Ed Fast (international trade), and Leader of the Official Opposition Tom Mulcair met with table officers and gave keynote speeches. Meetings with Minister Lebel indicated that government commitments to consult FCM on the Building Canada Fund and launch the program by April 1 are at risk, as is the dedicated Small Communities Component requested by FCM. The Board moved that staff seek clarification of the government's intentions immediately. In his speech to members, Minister Ed Fast named FCM as a key partner in the new federal trade and investment strategy. President Dauphin called this development welcome news for Canada's cities and communities because it opens the door to a much stronger economic partnership between the federal government and local governments. FCM REPORT TO COUNCIL 34 Page 1 of 21 FEOEM:,TION FCnERfiT17N FC,MP.*,U%'1CJ1.,�LjTj!:F ifU� »I': : -U.'ES SCHEDULE OF MEETINGS FOR 2014 AND 2015 Meetings of FCM's Board of Directors March 5 - 8, 2014 Thunder Bay, ON September 3 - 6, 2014 Saguenay, QC November 18 - 21, 2014 Ottawa, ON March 4 -7, 2015 Burnaby, BC September 9 -12, 2015 Fredericton, NB November 17 -20, 2015 Ottawa, ON FCM Annual Conferences May 30 - June 2, 2014 Niagara Falls, ON June 5 - June 8, 2015 Edmonton, AB Sustainable Communities Conferences February 12 - 14, 2014 Charlottetown, PEI February 10 - 12, 2015 London, ON FCM REPORT TO COUNCIL 35 Page 2 of 21 GF C - ALA.T :7 RtTiDM FC M P;1JF.IC;1JALJ71_5 STANDING COMMITTEES AND FORUMS FCM's standing committees and forums met to discuss the latest developments and to make recommendations to the Board of Directors. A summary of these activities is provided below. REPORT OF A MEETING OF THE STANDING COMMITTEE ON ENVIRONMENTAL ISSUES AND SUSTAINABLE DEVELOPMENT SUMMARY OF DISCUSSION Committee Chair Michelle Morin -Doyle began the meeting by welcoming members and conveyed Vice -Chair Dorothy Hector's regrets as she was unable to attend the meeting. The committee then adopted the agenda and approved the report of the previous meeting. The main item of discussion was the Principles to Protect Municipal Interests in Federal Assessment Processes. The proposed principles were developed in response to a recommendation of the Standing Committee on Environmental Issues and Sustainable Development that was adopted by the FCM Board at its September, 2013 meeting to: Develop municipal principles for responsible resource development that impacts cities and communities, including the development of associated infrastructure, to help guide Federal decision making and approvals of these projects. The discussion was lead off by a proposed amendment to the principles with the intent to bring greater balance to the economic, environmental and social priorities of local government and how that balance was reflected in the principles. After significant discussion of the amendment, the proposed amendment was withdrawn agreeing that the intent of the amendment could be satisfactorily reflected in an amendment to the principles originally proposed by staff. The amendment added, "and the health and integrity of the local environment" to the first principle. The amended principles were adopted unanimously by the Committee. A brief oral update was provided by staff on the Committee's research work plan to support 2015 election readiness. Members of the Committee wanted to understand the timelines and process for seeking the approval of the Committee for the ultimate direction the research will take and the final policy positions being put forward as the Committee's contribution to FCM's election 2015 policy platform. Next was a presentation by James Arnott, Manager of the Wastewater Program at Environment Canada on the status of implementing the federal Wastewater Effluent Systems Regulations. Committee members reminded Mr. Arnott of the unfunded nature of the regulations and were interested in the progress and general framework for federal - provincial equivalency agreements. At the conclusion of the meeting, Councillor Shelley Carroll provided a brief update on the progress of the National Zero Waste Council which was officially launched on October 16, FCM REPORT TO COUNCIL Page 3 of 21 36 ERATI 07 U- FCMNJ'1;C:r1,L1TJ:.:S MUI- 1 :Ip. LI','E1 2013. Councillor Shelley Carroll and Councillor and Vice -chair Bill Karsten have seats on each of the management bodies of the Council representing their municipalities and as ad -hoc representatives of FCM. Dan Casselman, policy advisor to this Committee also sits on the Council's Management Board. The municipalities around the table were encouraged to join the Council and to participate on the Council's working groups. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Adopt the three "federal assessment principles," as shown in Annex 1 below; and 2. The Standing Committee recommends this report be received. ANNEX is Principles to Protect Municipal Interests in Federal Assessment Processes Municipalities regularly participate in federal, provincial or territorial assessment and review processes for larger projects, where the outcomes have local impact on areas of municipal responsibility. Major new projects subject to these review processes, especially resource development projects, are essential to the economic prosperity and quality of life of local communities, particularly for rural, remote and northern communities. The following three principles are proposed in those areas where local governments have a legitimate interest to ensure their rights and responsibilities are protected: a. Protect and strengthen local economies, quality of life and the health and integrity of the local environment as top priorities in federal assessment and review processes: • A project's contribution towards local economies must be a priority in federal review and assessment processes, and must also be balanced with the environmental and social priorities of local communities. • Municipal interests must be respected and reflected in federal assessment and review process. • Federal review and assessment processes must be efficient and ensure effective "smart government" coordination between government and departments. b. Equip and support municipal first responders to respond to emergencies related to proposed projects: • Municipalities need to know what dangerous goods are being transported through, stored or used in their communities so local services can plan and respond effectively to emergencies. • Private sector project operators and federal, provincial and territorial oversight agencies cannot plan for emergencies alone. Local governments and authorities must be involved as partners in emergency planning. c. Prevent downloading of project - related safety, emergency response and other costs to municipal taxpayers: FCM REPORT TO COUNCIL Page 4 of 21 37 iOGiia.TiO', F= �)F6.k.TION RiU:dfi IPALITlcS :4U']1C: ?' r.1TF.:i Third -party liability insurance systems must be sufficient to prevent the downloading of liability costs on municipal taxpayers, even in the event of the bankruptcy of the original insurance holder. Municipal first responders must be equipped and supported to effectively respond to an emergency arising from a new federally- regulated project. Up front costs associated with participation in a federal review process and back end costs resulting from any unrecoverable burden placed on municipal services and infrastructure by a federally - regulated project must not be unfairly imposed on local governments. FCM REPORT TO COUNCIL Page 5 of 21 FCMFED -AAi ! -! A F Ut I:,IFT.L�rI =5 �•iU l ;, i'•, I.ITc' REPORT OF A MEETING OF THE STANDING COMMITTEE ON MUNICIPAL FINANCE AND INTERGOVERNMENTAL ARRANGEMENTS SUMMARY OF DISCUSSION Committee Chair Don Downe welcomed new and returning committee members to Ottawa. The Chair introduced the Vice - Chairs, Sav Dhaliwal and Mike O'Donnell. The committee approved the report from the September 2013 meeting and staff provided an update on the Action Items Status Report, highlighting the work done to date on the committee priorities. The committee then reviewed the objectives and messaging for Advocacy Days meetings with Parliamentarians, and members discussed their perceptions of how FCM's focus on housing and the federal - municipal partnership has been received. Comments included strong support for the tailored handout on housing that was included in MP information packages. Next, staff provided an update on the next State of the Cities and Communities Report scheduled to be released in September 2014. The report will renew FCM's data on the municipal fiscal imbalance, last updated in 2006, using a new FCM survey of municipal treasurers. Staff reiterated the importance of this survey given changes to Statistics Canada's collection of public finance data, and the fact that the fiscal imbalance storyline is central to FCM's advocacy work. Member comments included the need to ensure a high response rate and the credibility of data collected. The Chair then provided an update on information currently known about the Canada - E.U. trade agreement. While the Agreement in Principle appears to be consistent with FCM's seven principles, the Chair indicated it will be important to review the final details as they are released over the coming years. On the issue of procurement, the Chair reiterated FCM's position that the agreement cannot lead to increased red tape and administrative costs for municipalities. The committee agreed it would be important for FCM to conduct a SWOT analysis to help inform FCM's engagement with the government on future trade negotiations. Staff then provided a report on the current status of the federal- municipal partnership with the federal government on trade, and the need to continue exploring opportunities to build effective partnerships with the Government of Canada around international investment attraction. Finally, staff provided an update on Payments -in -Lieu of Taxes indicating that FCM is working to secure a meeting with the Minister of Public Works and Government Services Canada to promote a common understanding of the importance of PILT payments to cities and communities. FCM REPORT TO COUNCIL Page 6 of 21 39 FCMPEDLkA-. f� 0 i'CR;.T'D(I:: GAN ::iSA I:+'ri C,G.i .,',,.",, ;I,ALI IES VIVWCIPIWT;'S STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: FCM continue to monitor and report on details of the Canada-E.U. Trade Agreement as they become available; Staff continue to explore opportunities to build effective partnerships with the Government of Canada around international investment attraction; and Conduct a SWOT analysis of our engagement on CETA to help inform FCM's engagement with the government on future trade negotiations. The Standing Committee recommends this report be received. 1,14121 4. 61 LAS 11SX041110144(1 MN Page 7 of 21 FCM- r r�k Arp c PALL r � IPA ! .7 iHU :I_I ?:iL!':'IEa 'ySUfelLL: � F.J REPORT OF A MEETING OF THE STANDING COMMITTEE ON COMMUNITY SAFETY AND CRIME PREVENTION SUMMARY OF DISCUSSION Chair Michael Thompson gave a warm welcome to committee members and introduced new board members who have joined FCM following the Quebec and Alberta municipal elections this fall. Staff provided an update on FCM's work with senior officials and political staff within Public Safety Canada on the proposed federal programs for disaster mitigation and the Economics of Policing. Vice Chair Councillor Randy Goulden provided an update on her recent presentation on the Economics of Policing at the Alberta Urban Municipalities Association annual conference. The Committee received and discussed staff's report on the Federal Role in Public Safety and Mental Health. Members identified addiction, housing and homelessness, specifically the need for supportive and transitional housing, as key areas of federal - municipal jurisdiction that staff will further explore for future policy recommendations and potential advocacy. Councillors Chris Coleman and Dave Hodgins provided an update as FCM representatives on the Disaster Resilient Communities Working Group {DRCW} and FCM's participation at the third annual National Roundtable on Disaster Risk Reduction. The DRCW is developing community disaster response and resilience tools and staff will work with the FCM representatives to consider how we can expand the relationship between the DRCW and municipalities. The Committee received the minutes and update on the meeting of the Joint Committee on Community Corrections presented by Regional Director Susan Gimse, the Joint Committee's Co- Chair. FCM members of the committee continue to look for meaningful areas of collaboration between Correctional Services Canada and municipal governments. STANDING COMMTIEE RECOMMENDATIONS Recommendations for adoption: Commit research resources to develop a more comprehensive policy position and response to drivers of policing costs including mental health and other areas that intersect with federal responsibilities. Adopt the revised Terms of Reference between FCM and Public Safety Canada for the Joint Committee on Community Corrections. Recommendations for referral to staff; Direct staff to bring recommendations forward at the next meeting of the Board of Directors on potential collaboration with Habitat for humanity, Correctional Services FCM REPORT TO COUNCIL Page 8 of 21 41 FCMFEr:cY'AT1:7'1 r i lcfi.:TID *: 0I- CANA1,11-r1 "4 '[ DIF% YUT4JC:)LAL1'r1ES M,, "NIC!i, "'- .ITF5 Canada, Parole Board of Canada and Public Safety on the issue of offender reintegration and who communities can best assist them. Direct staff to bring forward suggestions to the committee as to how members can take a stand against bullying within governments. Direct staff to work with our Provincial and Territorial Association partners to raise, to a national level, the issue of contract arbitration for police and public safety officers. The Standing Committee recommends this report be received. FCM REPORT TO COUNCIL 42 Page 9 of 21 1"]U,:IC :f "AI.ITIcS MUN:CIPALITEc� REPORT OF A MEETING OF THE RURAL FORUM SUMMARY OF DISCUSSION Chair David Marit welcomed everyone to the Forum, followed by roundtable introductions. After approval of the agenda and minutes, the Forum reviewed the objectives and messages for the Advocacy Days meetings, in particular federal- municipal partnership and the importance of FCM's Housing Crunch campaign to rural and remote communities. Staff then gave a brief review of the Action Items Status Report. The Forum was then provided with an overview of the research reports currently in development on rural sustainability and rural broadband. The broadband report card will tell a high -level narrative story about the need for continual growth in the level of bandwidth available to support growing user needs in rural communities. Next, staff provided a detail overview of the newly announced DFO Fisheries Protection Program, which implements the federal government's previous commitment to update the Fisheries Act as requested by the Forum. Members discussed the specifics of the new program, and asked staff to report back on implementation issues, including the definition of "spacial scale" and "mitigation." A presentation was then made on the rural key messages that have been developed for the Housing Crunch campaign. Members agreed strongly with the need to emphasize the housing needs related to a rapidly aging population, and the lack of private capital to address all rural housing needs. Staff then provided a review of FCM's rail safety priority areas, including the need for improvements to emergency planning, emergency response, risk management and insurance and liability. Finally, the Forum discussed a memo on Principles to Protect Municipal Interests in Federal Assessment Processes. The proposed principles were developed in response to a recommendation of the Board at its September, 2013 meeting. After staff gave an overview of the memo and presented amendments adopted separately at the Standing Committee on Environmental Issues and Sustainable Development, the Chair led a discussion of the proposed principles. Members agreed with the proposal in principle, and asked staff to keep the Forum included in future discussions about the principles. In particular, members discussed the need for the third principle on preventing downloading of costs to be expanded beyond emergency response and liability to include servicing costs borne by regional centres. The Chair asked members to take the principles back to their respective Boards for feedback, and the Forum agreed to discuss the issue further at the next meeting. FORUM RECOMMENDATIONS Recommendations for adoption: FCM REPORT TO COUNCIL 43 Page 10 of 21 FCM, F.iDER /TIO::. `DERATWN i- :JNICIP,A,LIT;F.S - VN :C:P, ?,LJTF5 Adopt the three "federal assessment principles," as shown in Annex 1 below; and Recommendations for referral to staff: Provide an update at the next meeting of the Forum on the implementation of the new DFO Fisheries Protection Program. The Forum recommends this report be received. FCM REPORT TO COUNCIL _. Page 11 of 21 FCM',,U,. f.'FC: ='i� f : C it.trlrhLf" S S `1 :�IF'"•LI1'IE� w:Ut'ICIF LI "E.5 ANNEX is Principles to Protect Municipal Interests in Federal Assessment Processes Municipalities regularly participate in federal, provincial or territorial assessment and review processes for larger projects, where the outcomes have local impact on areas of municipal responsibility. Major new projects subject to these review processes, especially resource development projects, are essential to the economic prosperity and quality of life of local communities, particularly for rural, remote and northern communities. The following three principles are proposed in those areas where local governments have a legitimate interest to ensure their rights and responsibilities are protected: a. Protect and strengthen local economies, quality of life and the health and integrity of the local environment as top priorities in federal assessment and review processes: • A project's contribution towards local economies must be a priority in federal review and assessment processes, and must also be balanced with the environmental and social priorities of local communities. • Municipal interests must be respected and reflected in federal assessment and review process. • Federal review and assessment processes must be efficient and ensure effective "smart government" coordination between government and departments. b. Equip and support municipal first responders to respond to emergencies related to proposed projects: • Municipalities need to know what dangerous goods are being transported through, stored or used in their communities so local services can plan and respond effectively to emergencies. • Private sector project operators and federal, provincial and territorial oversight agencies cannot plan for emergencies alone. Local governments and authorities must be involved as partners in emergency planning. c. Prevent downloading of project - related safety, emergency response and other costs to municipal taxpayers: • Third -party liability insurance systems must be sufficient to prevent the downloading of liability costs on municipal taxpayers, even in the event of the bankruptcy of the original insurance holder. • Municipal first responders must be equipped and supported to effectively respond to an emergency arising from a new federally- regulated project. • Up front costs associated with participation in a federal review process and back end costs resulting from any unrecoverable burden placed on municipal services and infrastructure by a federally - regulated project must not be unfairly imposed on local governments. FCM REPORT TO COUNCIL 45 Page 12 of 21 FCM,..UV,,�_,, r,-.L*ITI -_ S TUNIC." ­LATHS REPORT OF A MEETING OF THE STANDING COMMITTEE ON SOCIAL- ECONOMIC DEVELOPMENT SUMMARY OF DISCUSSION The Chair welcomed the committee to Ottawa and led a round of introductions followed by a discussion about Advocacy Days. During the Advocacy Days debrief, committee members noted that there is a general understanding by Members of Parliament that housing is an issue to be tackled. Although differing concerns from urban to rural to northern communities, whether it's social housing, rental housing or homeownership, housing is an emerging issue. Many members were impressed with the generally high level of understanding on Parliament Hill of housing concerns across the housing spectrum. The value of partnership with municipalities and FCM was another common theme that emerged. The committee provided valuable feedback and constructive comments and ideas to ensure even greater success at next year's Advocacy Days. Staff provided an update on FCM's Fixing Canada's Housing Crunch campaign. Since its launch under a month ago, the campaign has generated 90 media stories, 40 resolutions, 10 past and upcoming municipal housing round tables, and close to 2000 hits on social media. Staff also provided an update on the upcoming report on seniors' housing needs coming out of FCM's Quality of Life Reporting System. The committee received a presentation on the positive progress of National Program's Municipal -First Nations Community Economic Development Initiative (CEDI). Launched in Winnipeg in October, CEDI aims to improve the economic prosperity of participating municipalities and adjacent First Nations through joint community economic development planning. STANDING COMMTIEE RECOMMENDATIONS Recommendations for adoption: 1. That FCM continue to monitor and report on the HIPS and respond as necessary. 2. Receive the Terms of Reference for the National Forum on Housing and the Economy. The Standing Committee recommends this report be received. FCM REPORT TO COUNCIL M Page 13 of 21 FCMFE.1£F1 L. 1 J z.J :' s~ rku� a M 4 � :;=rf u;a ?:J;41 C'[,?',LITT!S MUNIG?; L1 1 REPORT OF A MEETING OF THE STANDING COMMITTEE ON MUNICIPAL INFRASTRUCTURE AND TRANSPORTATION POLICY SUMMARY OF DISCUSSION Vice -Chair ]enelle Saskiw chaired the meeting in the absence of Chair Doug Reycraft. The Vice -Chair welcomed new and returning members to the committee. After approval of the agenda and the minutes of the September 2013 meeting, the Committee discussed the Advocacy Days. Members felt that they were well- prepared for their meetings and noted that the strategy of thanking MPs for collaborating on infrastructure and rail safety helped facilitate a conversation about housing. Members agreed that the scheduling and logistics were very well - organized, and that the materials provided to MPs including riding - specific data was well- received. Following a review of the Action Items Status Report, an update was provided on rights of way issues. Staff noted that the CRTC unexpectedly endorsed all recommendations made by the municipal sector during the model municipal access agreement proceeding. As a result, only a few non- consensus issues would need to be negotiated between carriers and municipalities using the model MAA to help facilitate a new agreement. The Committee was then provided with an update on the new Buildling Canada Plan. Staff indicated that the renewal and indexing of the GTF promised in the 2013 federal budget has generally progressed well. The template agreements generally streamline administration while adding significant flexibility on how funds can be allocated. The agreements significantly raise requirements for project funding visibility, and for asset management, but do so with reasonable flexibility. On the status of the new Building Canada Fund (BCF), staff indicated that various issues remain unclear, in particular the status of the Small Communities Component. The committee moved an emergency recommendation on the need for immediate clarification on the status of FCM's six principles for the program design of the new BCF. A presentation was the provided on FCM's research on best practices in asset management and recommendations for a new program, yet to be prosposed to the federal government on support for asset managmenet capacity building. Finally, staff provided an overview of FCM's rail safety priority areas. In particular, it was noted that the November 20 announcement of new Protective Direction by the Minister of Transport represent a significant first step towards addressing the priorities set forth by FCM's National Rail Safety Working Group. The committee moved that the Working Group's mandate by extended in order to support FCM's advocacy with the federal government on rail safety and the transportation of dangerous goods. FCM REPORT TO COUNCIL Page 14 of 21 47 FCMF LEkA? U ! !�DnPA' O' Cl- £;:i�f: I `� C IVi�Gile ! )Fs: E: {LJI_'P[._IT15 MerF.�IC!P, STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. That the mandate of the National Municipal Rail Safety Working Group be extended to provide continued political guidance to FCM on discussions with the federal government on rail safety and the transportation of dangerous goods. Emergency recommendations for referral to the Executive Committee: 2. That the Executive Committee immediately clarify the status of the Building Canada Fund program design negotiations and strongly communicate the municipal sector's concerns around the lack of progress in addressing FCM's program design principles, in particular the status of the Small Communities Component. The Standing Committee recommends this report be received. FCM REPORT TO COUNCIL am Page 15 of 21 FC M Vii• 4: '.1d.:�l.�i.: f:4hiF.t ?l�Nf?r� Jc. ; d:U ?ilvlp:�LlTIc5 "YIC P: LIT_:a REPORT OF A MEETING OF THE STANDING COMMITTEE ON INTERNATIONAL RELATIONS SUMMARY OF DISCUSSION Committee Chair Lise Burcher welcomed everyone to Ottawa and invited committee members, observers and staff to introduce themselves. The Committee approved the agenda and the minutes of the September 2013 meeting in St. Johns. The chair provided an update on initial staff findings regarding a funding decision by the Canadian International Development Agency to a Canadian organization operating within Uganda, a country in which the gay and lesbian community is undergoing persecution. SCIR members received this initial report and it was recommended that staff prepare a full report on the issue for distribution and discussion at the March 2014 SCIR. The Committee received updates from FCM's International Program governance representatives on three of FCM International's international development programs, including the Global Municipal Partners for Economic Development (MPED), Ukraine Municipal Local Economic Development Program (MLED), and the Caribbean Local Economic Development Program (CARILED). Committee Vice -Chair Roger Anderson provided an update on FCM's efforts following the typhoon that struck the Philippines earlier in the month. Shortly following the disaster, FCM reached out to its municipal partners in the Philippines, the Government of Canada, and humanitarian organizations to offer assistance. An initial communique was also sent to members encouraging donations to the Red Cross` Typhoon Haiyan fund. With over 20 years of partnership experience in the Philippines and almost 10 years in post - disaster reconstruction, FCM is well aware of the challenges local governments in the Philippines are facing. FCM International is currently exploring possibilities to secure funding for assistance and will continue to update the committee on the progress of the Department of foreign affairs trade and development (DFATD) file. Councillor Pam McConnell brought forward a motion to the committee on behalf of the City of Toronto in response to the tragedy in the Philippines. The motion expressed support for FCMs actions in the Philippines and the city council agree to consider any formal request from FCM for technical partnership assistance. The committee noted the resolution and encouraged other members to offer support should a reconstruction program occur in the future. The Committee also received updates on meetings that took place during advocacy days. The objectives for this year were to raise awareness around FCM International's priorities, build support for the Ukraine program renewal, and discuss the proposal on local government in mining communities' with key stakeholders. Productive meetings were held with MP Paul Dewar, Vice Chair of the Standing Committee for Foreign Affairs and International Development, Jose Antonio Bellina, Ambassador of Peru, Harry Narine Nawbatt, the High Commissioner of Guyana, and a Ukrainian parliamentary group, including Senator Ted Opitz. Next steps for the upcoming months will be to deepen discussions with senior Canadian government officials as well as the Ministers responsible for DFATD. FCM REPORT TO COUNCIL Page 16 of 21 M FCM'Qz,1;,3C1',)AP.1T:E-, M-k9cl CA N: ev':a3 c;::_d A:r:; i,'NF'ii iyES Committee Vice -Chair Garth Frizzed introduced the new governance representative for MPED Latin America, Councilor Marvin Plett from Winkler, Manitoba. Councillor Frizzell also provided an update on the governance working group that was convened in the fall. This group is tasked with refreshing the committee terms of reference and optimizing FCM International board oversight. Two rounds of consultations have occurred and the documents under review will be ready for final validation by the committee in March 2014. Finally, the launch of a new round of recruitment for Francophone governance representatives in the MPED Africa and Haiti programs was announced. Recruitment will begin in early December '13. The Committee continued the process of renewing FCM's current international relations framework. Aligned with FCM's 2012 -17 Strategic Plan, the goal of the renewal is to provide a strategic direction for FCM's existing international activities and identify potential new areas of involvement. Small working group discussions were held around three key areas: international policy and advocacy, international programs, and international municipal knowledge exchange. Proposed strategic objectives were refined and potential key activities were identified during the session. A draft of the framework will be brought to the committee for more consultation in March 2014. The Standing Committee recommends this report be received. FCM REPORT TO COUNCIL 50 Page 17 of 21 FCM M,1P1ACIPALh' E_ M'L`NICIPG.LTES REPORT OF A MEETING OF THE STANDING COMMrITEE ON INCREASING WOMEN'S PARTICIPATION IN MUNICIPAL GOVERNMENT SUMMARY OF DISCUSSION Committee Chair Erin Hogan (Thompson, MB) welcomed Committee members to Ottawa and introduced the Committee Vice - Chairs: Councillor Linda Rydholm of the City of Thunder Bay, ON, and Director Susan Gimse of the Regional District of Squamish- Lillooet, BC. The Committee members and observers were then invited to introduce themselves. The Standing Committee approved the agenda and the report from the St. John's Board Meeting. The Chair then briefed the Committee on the recent meeting with the Minister of Status of Women, the honourable Kellie Leitch. Attendees of this meeting included Chair Hogan, Committee member Pam McConnell, FCM 2nd Vice- President Raymond Louie, FCM CEO Brock Carlton and Committee staff support Melissa Newitt. Councillor Pam McConnell (Toronto, ON) provided additional comments on this meeting. Both Chair Hogan and Councillor McConnell reported a positive response from Minister Leitch to the Committee's work, and a commitment from the Minister's staff to work with FCM staff in identifying and developing elements of a potential new partnership. The Chair opened the floor to Committee members to give updates on their own Advocacy Days meetings. Committee members reported positive experiences and support for FCM's Women in Local Government programming from a number of MPs and Senators. Following this discussion, the Actions Items Status Report was approved. The Chair gave a brief update on the Head Start for Young Women program indicating that by the December break all six participating communities will have completed a needs assessment and community consultations to better understand the barriers to young women's participation in local government. Committee members participating in the Head Start for Young Women program, Councillor Sylvie Goneau (Gatineau, QC) and Joni Baechler (London, ON) gave updates on the specific actions being taken in their own communities. Committee members were invited to follow the Twitter hashtag #FCMHeadStart for regular updates on the work of all communities involved in this program. Chair Erin Hogan then provided an update on the renewal and revitalization of the Regional Champions program. Following approval of the Regional Champions Revitalization Strategy at the September Board meeting in St. John's, NL, FCM Staff have begun work to create a comprehensive database of the ongoing initiatives by Regional Champions as well as promote the work being undertaken through FCM channels. Moving forward, FCM Staff will promote, disseminate and provide support on the Protege and Getting to 30% tools and resources as a part of this strategy. Discussion of the many actions that Committee members have undertaken as Regional Champions to support the increased participation of women in local government followed. Vice -Chair Linda Rydholm then outlined the upcoming Campaign School that the Standing Committee will be hosting at the same time as the March Board meeting in Thunder Bay, ON as a part of the Regional Champions program. This event will take place on March 8th - the same day as International Women's Day. Councillor Rydholm will FCM REPORT TO COUNCIL Page 18 of 21 51 i- IrDERiMON PE [RA;'Of:' L ')!_- C:`Nd ..L)4AN S y FMUNI;:Ir'LfCIES HU-','IC W.L1T_.; 5 work with the local group "Women in Politics" to promote the event and to invite women from the region. Members of the Standing Committee were invited to participate in this workshop and to share their personal stories of becoming elected officials. All FCM members attending the March Board meeting will be encouraged to attend this event. It was noted by the Chair that this presents a valuable opportunity for FCM members to experience and replicate a campaign school in their own community. Committee members also noted this event would be a good opportunity to engage Minister Leitch and see first -hand the value of FCM's women's programming. Vice -Chair Susan Gimse followed this discussion with an update on the recent International Day of the Girl Child celebrations. The Councillor expressed that events marking the day were lower this year than in 2412 and indicated that further discussion of the approach to this event by the Standing Committee would be required. It was moved that this discussion be moved to the March board meeting. The Chair then asked Councillor Use Burcher to speak about FCM's role in the UCLG Standing Committee on Gender Equality. FCM currently holds the Vice -Chair position of this international Committee. The Councillor requested that Committee members reflect upon how to best engage with UCLG's work on this issue. It was suggested that sharing FCM's Women in Local Government tools and resources with the UCLG Standing Committee on Gender Equality would be a valuable first step. The Chair then requested that the Standing Committee follow up with a more robust discussion at the March Board meeting. Councillor Pam McConnell, chair of the Long -term Funding Sub - Committee, provided an update on the SubCommittee's work. Councillor McConnell re- enforced her earlier comments that the meeting with Minister Leitch provided an opening for both the Committee and FCM staff to work with the Minister and her office to develop a longer - term funding partnership. Immediate next steps include FCM staff to continue discussions with the Minister's staff. In Other Business, the Chair then moved that the Standing Committee charge FCM Staff to investigate and present options for the role of FCM in the issue of bullying in local government councils. After discussion, it was unanimous that FCM staff be charged with this task in concert with other Committees undertaking similar work. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Charge FCM staff to investigate and present options for the role of FCM in the issue of bullying in local government councils in concert with other Committees investigating similar issues. The Standing Committee recommends this report be received. FCM REPORT TO COUNCIL 52 Page 19 of 21 FCMCT C. Nial:) =.tti U::Ne.GIt1,1IP;'_ SEi VJUN1C1P,;UT1r_3 hiLN1C:P,.L ".E.5 REPORT OF A MEETING OF THE NORTHERN AND REMOTE FORUM SUMMARY OF DISCUSSION The meeting began with a welcome from Acting Chair Merven Gruben. The Acting Chair acknowledged the absence of President Elaine Wyatt and expressed his hope that she is able to join the Forum at the next meeting. The Chair also welcomed Vice -Chair Jeannie Ehaloak to her first board meeting as NAM's President. At staff's recommendation, the Forum approved the agenda with one amendment, deferring the update on DFO investments in coastal communities to the next board meeting. The report of the last meeting was then approved. Next, staff provided an update on the Advocacy Days meetings with northern Parliamentarians. This discussion was followed by a review of the Action Items Status Report. Staff noted that the CRTC has not yet made a decision on its review of Northwestel and the northern subsidy regime, and has also not confirmed when the review of the enhanced basic service objective for telecom services will begin. The Forum was then provided an update on the status of the proposed Runway End Safety Area regulations. Staff advised that Transport Canada has hired a consultant to conduct a technical risk assessment of various issues related to northern airports, including the need for changes to runway end safety areas. Staff will be monitoring the outcome of this study to ensure the concerns of the Forum are reflected in any final decision on the regulations. The Forum then requested that FCM staff consider rescheduling the meeting to a time that limits conflicts with other committees. A breakfast meeting was recommended if feasible. Next, there was a discussion on the National Zero Waste Council and concerns that its final recommendations currently under development reflect the realities of northern communities. Finally, the Chair led a discussion on the potential risks posed by the rapid growth in marine transportation and resource extraction projects in the Arctic. The Forum identified the need for northern -based search and rescue and emergency response capabilities to deal with potential transportation incidents and environmental disasters as of particular importance. The Forum directed staff to conduct a review of these issues and report back at the next meeting. Staff indicated that this review will identify linkages with work currently under development at other FCM committees and apply a northern and remote lens. STANDING COMMITTEE RECOMMENDATIONS Recommendations for referral to staff: Defer the update on the Department of Fisheries and Oceans' current level of investments in coastal communities to the March 2014 board meeting; FCM REPORT TO COUNCIL Page 20 of 21 53 F L :AT'ii ' F- 'n r iC FC C F -.�E; Ui -,'i ;7 DF J :),'S a !' U IvIFALITEf:b .1UNCOALI'FS Review the scheduling of future board meetings to limit conflicts between the Northern and Remote Forum and other committees; and Provide an update report at the March 2014 meeting on the current and planned programs and policies in place to address the risks posed by the rapid growth in marine transportation and resource extraction projects in the Arctic. The Forum recommends this report be received. FCM REPORT TO COUNCIL 54 Page 21 of 21 ,/—•-1 SPORT TO COMMON COUNCIL M & C — 2013 -285 December 18, 2013 His 'Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: e r �w. SUBJECT: Saint John Irving Oil Christmas Tournament Arena Fees BACKGROUND: For many years Irving Oil has hosted a major hockey tournament over the Christmas Break at our municipal arenas. When the tournament was in its infancy, the City of Saint John did not charge this group any rental fee. As the tournament grew and generated profit, a small fee was established and implemented. In December of 2012, Common Council approved a rate of $2580 for the 2012 tournament which included a 10% increase over 2011 to coincide with the general arena rate increase for that year. ANALYSIS: Tournament organizers are once again seeking a discounted rate from the regular tournament rate of $86 per hour of ice (see attached). The regular tournament rate of $86 per hour equates to $14,792 for the 172 hours of ice requested. Consequently, the committee is seeking a sponsorship of from the City of Saint John in the amount of $12,212. The tournament will run from December 27th to December 30th 2012. Tournament organizers are also suggesting a 5 year rate with an increase of 2% each year to the year 2017. The tournament attracts teams from many age groups including Atom, Pee Wee, Bantam, Midget and High School. The tournament has male and female teams and divisions while thirty five teams are from outside of Saint John. Information from Saint John Destination Marketing Organization (DMO) suggests that this could generate spin -offs of approximately $10,000 for the local economy over the three days. The tournament organizers reinvest the revenues generated from this tournament back into the Saint John community and this group has given a substantial amount of money to local hockey associations, PRO Kids, and MADD to name a few. The total to date since 1992 is approximately $204,000. 55 Report to Common Council December 18, 2013 CONCLUSION: Page 2 Staff believes the following benefits are associated with hosting the Irving Oil Christmas Tournament: 1. Fundraising initiative that benefits local minor sport organizations and community groups. 2. An activity that keeps youth active engaged and focused over the Christmas break. 3. Keeps City of Saint John Arenas occupied during a period where selling ice is challenging. 4. Promotes Saint John as a tournament destination. It is staffs belief that if the applied tournament rate of $86 per hour is instituted it will greatly affect the donation capabilities of the group. It is because of this and the long standing community benefits and economic spin -offs that an extended sponsorship is warranted. Tournament organizers have agreed to a 2.5% increase over a 2 % increase to be consistent with regular rate increases. RECOMMENDATION: 1. Approve sponsorship request from the Irving Oil Christmas Tournament Committee; 2. Allow for a total tournament fee for 2013 to 2017 reflecting 2012 invoice of $2,580 plus 2.5 %o each year to be consistent with proposed arena rate increases. 3. Direct staff to initiate changes to the Irving Oil Christmas Tournament contract and invoice. Respectfully submitted, Ray Walsh BPE, MBA Parks Operations Manager Transportation and Environment V� Wm. Edwards P.Eng. Commissioner Transportation and Environment Michael Hugenholtz P. Eng. Deputy Commissioner Transportation and Environment a 'ek Woods CGA Ci Manager 56 Report to Common Council December 18, 2013 To Leisure services and Common Council: Page 3 Please allow this email to be a formal request for ice time for the Irving Oil Christmas tournament. Last season, council approved the cost for our committee of approximately 2850.00. We would like to request that this years ice bill remain the same as last season. We would also request that we agree upon a 5 year deal with a 2% increase each year. As council knows, we donate all proceeds back to local minor hockey organizations and non - profit organizations. Thank you for your consideration on this matter. Looking forward to your reply. Scott Geikie 506 - 651 -4719 57 Presentation to Common Council December 23, 2013 Mark Reade, P.Eng., MCIP, RPP Growth and Community Development Services • Amend Section 39 conditions told - Permit a restaurant other than that approved in 2011 --- Permit a Dining Room liquor licence at the restaurant - Permit the restaurant to be open to the public from 6:00 a.m. until 10:00 p.m., seven days a week Growth and Community Development Services` December 23, 2013 MINT JUAN 59 "- • Transitioning to commercial - North and south sides of Loch Lomond Road 0 Eight single family dwellings west of the site Convenience store / gas bar and automobile east of the subject site on the north side of Loch Lomond Road Commercial node at Loch Lomond Road / Hickey Road intersection Growth and Community Development Services December 23, 2013 MINT IOIIN .1 Growth and Community Development Services December 23, 2013 61 (9j> MINT JOHN Desi nated Stable Commercial: • Current Municipal Plan expanded the commercial area designation — Subject site and adjacent residential properties to the west • Policy LU -69 permits redevelopment provided surrounding land uses are not negatively impacted Staff are of the opinion that the proposed Section 39 Amendment conforms to the intent of the Municipal Plan Growth and Community Development Services December 23, 2013 4� &AIV T lU1EN Growth and Community Development Services December 23, 2013 63 (91311F SAINT JOHN • Public Notification — 20 letters sent to landowners in vicinity of site — Advertisement in Telegraph Journal - Tuesday November 26, 2013 — No written comments received 0 Appearance by adjacent landowner at PAC Meeting — Concerns with liquor licence — Odours from restaurant 4F Support from adjacent business owner at PAC Meeting Growth and Community Development Services December 23, 2013 MUNT ]UI IN •, Amend Section 39 Conditions to: • Permit restaurant other than that specified in 2011 application - Land use impacts do not differ based on type of restaurant • Permit Dining Room Liquor Licence Previous operator did not intend to have a liquor licence Food as primary business and source of revenue — 2006 Section 39 conditions do not permit bar, club or lounge — No land use impacts anticipated 0 Allow restaurant to he Open from 6 :00 a.m. to 10:00 p.m. 7 days a week Request of previous operator — Site layout minimizes impact on adjacent residential properties Growth and Community Development Services December 23, 2013 SAINT JOHN 65 Amend Section 39 Conditions to: Permit a full service restaurant - other than that specified in 2011 application • Permit Dining Room Liquor Licence • Allow restaurant to be open from 6:00 a.m. to 9:00 p.m. 7 days a week — Closing time reduced from Staff Recommendation of 10:00 p.m. Growth and Community Development Services December 23, 2013 SAINT 10 H .• PROPOSED SECTION 39 AMENDMENT RE: 1210 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 23, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the November 6, 2006 rezoning of the property located at 1210 Loch Lomond Road, also identified as a portion of PID No. 55008593, as amended on October 24, 2011, to permit a revised proposal. REASON FOR CHANGE: To permit a restaurant with a Dining Room liquor licence, and to permit the restaurant to be open to the public until 10:00 p.m., seven days a week. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 1210, CHEMIN LOCH LOMOND Par les presentes, 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 tiendra dans la salle du conseil le lundi 23 d6cembre 2013 A 18 h 30 en apportant les modifications suivantes : Modification des conditions imposdes en vertu de Particle 39, le 6 novembre 2006, et modifi6es le 24 octobre 2011, relativement au rezonage de la propri6te situ6e au 1210, chemin Loch Lomond, et etant aussi une partie du NID 55008593, pour permettre la presentation dune proposition revisee. RAISON DE LA MODIFICATION. Permettre un restaurant ayant une Salle A manger et d6tenant un permis d'alcool, et permettre que le restaurant soit ouvert au public jusqu'A 22h, sept jours semaine. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire A 116tel de ville situe au 15, Market Square, A Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit A i'attention du soussign6 a 116tel de ville. Si vous avez besoin des services en franrais pour une rdunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 67 I� Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.25 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 1210 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 23, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the November 6, 2006 rezoning of the property located at 1210 Loch Lomond Road, also identified as a portion of PiD No. 55008593, as amended on October 24, 2011, to permit a revised proposal. REASON FOR CHANGE: To permit a restaurant with a Dining Room liquor licence, and to permit the restaurant to be open to the public until 10:00 p.m., seven days a week. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 1210, CHEMIN LOCH LOMOND Par les pr6sente5, un avis public est Bonn€ par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la r €union ordinaire qui se tiendra clans la salle du conseil le lundi 23 decembre 2013 a 18 h 30 en apportant les modifications suivantes : Modification des conditions impos €es en vertu de I'article 39, le 6 novembre 2006, et modifi6es le 24 octobre 2011, relativement au rezonage de la propri6t6 situ6e au 1210, chemin Loch Lomond, et etant aussi une partie du NID 55008593, pour permettre la presentation d'une proposition r6vis6e. RAISON DE LA MODIFICATION: Permettre un restaurant ayant une salle a manger et d €tenant un permis d'alcool, et permettre que le restaurant soit ouvert au public jusqu'a 22h, sept jours semaine. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire 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 lundi au vend redi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 a I'h6tel de ville. Si vows avez besoin des services en fran�ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier Communal 658 -2862 Ad Number: Al 14029 Ad ID: 6917965 Current Date: Nov 18 2013 10:37AM Start Date: 11/26/2013 End Date: 11/26/2013 Color: B/W Client Approval OK p •� Corrections ❑ " r Fes' f eel al VL TOO 9. ; F ;, L ) J ca Planning Advisory Committee December 12, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Section 39 Amendment -12,10 Loch Lomond Road C� City of Saint John On November 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 December 10, 2013 meeting. Ms. Kyung Po (Julia) Park, the applicant, appeared before the Committee and was in agreement with the staff recommendation. Gary Forgey of 1204 Loch Lomond Road appeared before the Committee and expressed his opposition to allowing the restaurant to have a liquor licence and cited a concern with odour from the restaurant. Wendy Maber, operator of Galbraith Florists at 1210 Loch Lomond Road, appeared before the Committee and spoke in support of the staff recommendation. Ms Maber noted that odours from the restaurant have decreased from the previous restaurant operation and noted that allowing the restaurant to have a Dining Room Liquor Licence would increase business at the restaurant and potentially at the other retail establishments in the strip mall. She also noted that the intent of the liquor licence is to serve beer and wine with meals at the restaurant. Staff responded to questions from the Committee relating to the Dining Room liquor licence noting that it is a Provincial requirement that the majority of revenue for establishments with this type of licence come from food sales and not liquor sales. Staff also noted that a bar, club and lounge are not permitted land uses on the site based on the Section 39 conditions that limit the use of the site to a specific range of uses and that the due to the layout of the site, the building and fence provide a buffer between active areas of the site and the adjacent residential property- at 1204 Loch Lomond Road. It was also noted that the Municipal Plan has the property and adjacent residential properties designated as Stable Commercial. Committee members questioned Mr. Forgey if he could accept an earlier closing of the restaurant, to which he noted he would prefer 9:00 p.m. as opposed to 10:00 p.m. 70 IN No other persons appeared before the Committee, and no letters were received regarding the application. After considering the report and presentations, the Committee adopted a revised staff recommendation, changing the proposed closing time of the restaurant from 10:00 P.M. to 9:00 P.M. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the November 6, 2006 rezoning of the property located at 1210 Loch Lomond Road, also identified as a portion of PID number 55008593, and amended on October 24, 2011, as follows: a. That a restaurant be included in the list of permitted uses for the subject property, subject to the following conditions: i. That the hours of operation be limited to 6 am to 9 pm, seven days a week; ii. That a Dining Room liquor license be permitted for the proposed restaurant; iii. That the applicant be required to establish a fenced -in garbage area in the rear yard of the subject property; and, iv. That the landscaped plantings be extended along the southern part of the property to the public right -of -way. Respectfully submitted, iii M (tv drg Lana 'gan Chair MR Project No. 13 -264 71 DATE: DECEMBER 6, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF DECEMBER 10, 2013 PREPARED BY: Mark Readc, P.Eng., MCIP, RPP Senior Planner SUBJECT: REVV WED PY: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Name of Applicant: Kyung Po (Julia) Park Name of Owner: 648169 N.B. Ltd. Location: 1210 Loch Lomond Road PID: 55008593 Municipal Plan: Stable Commercial Zoning: "B -2" General Business Proposal: To amend the Section 39 conditions to permit a restaurant with Dining Room liquor licence, and to permit the restaurant to be open to the public until 10:00 p.m., seven days a week. Type of Application: Section 39 Amendment 72 Kyung Po (Julia) Park Page 2 1210 Loch Lomond Road December 6, 2013 JURISDICTION OF COMMITTEE: 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, December 23, 2013, STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the November 6, 2006 rezoning of the property located at 1210 Loch Lomond Road, also identified as a portion of PID number 55008593, and amended on October 24, 2011, as follows: a. That a restaurant be included in the list of permitted uses for the subject property, subject to the following conditions: i. That the hours of operation be limited to Gam to l Opm, seven days a week; ii. That a Dining Room liquor license be permitted for the proposed restaurant; iii. That the applicant be required to establish a fenced -in garbage area in the rear yard of the subject property; and, iv. That the landscaped plantings be extended along the southern part of the property to the public right -of -way. BACKGROUND: The subject site contains commercial building developed as a strip mall consisting of a restaurant, florist shop and hair salon. In 2011, the Section 39 conditions relating to the permitted uses on the property were amended to permit a restaurant. The property owner and operator of the restaurant has applied to amend the Section 39 conditions on the property to permit a restaurant other than that associated with the 2011 planning approval to operate on the site with a Dining Room liquor licence and modified hours of operation. The application came about as a result of an application for a zoning confirmation letter to accompany a liquor licence request to the Province. On November 6, 2006 Council approved a rezoning for one acre of the subject property from "RS -2" One and Tu-o family Suburban Residential to B -2" General Business, subject to a number of Section 39 conditions that, among other things, limited the types of commercial uses that could operate from the subject site, which did not include a restaurant or diner. At their meeting of October 18, 2011 the Planning Advisory Committee dealt with an application to amend the Section 39 conditions on the site to establish a diner in an existing building. Although staff recommended the proposed Section 39 Amendment be denied, the Committee recommended that 73 Kyung Po (Julia) Park 1210 Loch Lomond Road Page 3 December 6, 2013 Common Council amend the Section 39 conditions imposed on the 2006 rezoning of the property as follows: a. That a restaurant be included in the list of permitted uses for the subject property, subject to the following conditions: i. That the hours of operation for said diner be limited to Sam to 7pm, Monday to Saturday; ii. That a liquor license not be permitted for the proposed restaurant; iii. That the use of a restaurant at the subject site be limited to the current application; iv. That the applicant be required to establish a fenced -in garbage area in the rear yard of the subject property; and, V, That the landscaped plantings be extended along the southern part of the property to the public right -of -way. The Section 39 Amendment was enacted by Common Council on October 24, 2011. INPUT FROM OTHER SOURCES: Infrastructure Development Service has no objections to the proposed amendments to the Section 39 Conditions imposed on 1210 Loch Lomond Road. As indicated in the information provided, there will be no changes to the existing servicing or access to the site. If any changes to the servicing or site access are proposed, this department must be contacted for further review and comment. Inspection & Permitting Services has no outstanding concerns with the pre - existing restaurant The proposed adjustment to the Section 39 conditions will not alter any Building Code requirements. The new tenant should either obtain a Building Permit for any renovations or apply for an Occupancy Permit. Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application. There is no objection to the Application to Amend the Section 39 Conditions imposed by Common Council on this property on October 24, 2011. Whereas the applicant will be applying for a liquor license for this location. A full inspection will be required by the Saint John Fire Department. An occupancy number will be required by the Department of Public Safety, that number will be determined during the Fire Department's inspection. ANALYSIS; Subject Site and Proposed Development The subject site is Iocated on the south side of Loch Lomond Road between Hickey Road and Bon Accord Drive in East Saint John and contains a commercial building developed as a strip mall consisting of a restaurant, florist shop and hair salon. The property is 2.55 hectares in area and has approximately 80 metres of frontage on Loch Lomond Road. The Little River forms the rear boundary of the property and a small brook flows to the Little River through the eastern portion of the site. 74 Kyung Po (Julia) Park 1210 Loch Lomond Road Page 4 December 6, 2013 The applicant is requesting that the Section 39 conditions relating to the use of the property be amended to permit a restaurant other than that associated with the 2011 amendment to the Section 39 conditions to operate on the site with a Dining Room liquor licence and modified hours of operation. Surrounding Area This portion of Loch Lomond Road is designated as an arterial street and serves as a link between the eastern area of the City and the Uptown, as well as a route to the McAllister /Westmorland regional shopping area. The immediate area surrounding the site contains a mix of residential and commercial development. Eight single family dwellings are located to the west of the site along the north and south sides of Loch Lomond Road and are zoned "RS -2" One and Two Family Suburban Residential. A convenience store / gas bar and automobile dealership are located east of the subject site on the north side of Loch Lomond Road and are zoned "B -2" General Business and "I -1" Light Industrial respectively. An additional area of commercial development is located approximately 145 metres west of the subject site at the intersection of Loch Lomond Road and Hickey Road and currently contains a Tim Horton's restaurant, a Home Hardware store, an Ultramar /Autopro shop, On the Vine market, and other commercial uses. This area is zoned both "B -2" General Business and "SC" Shopping Centre. Municipal Plan Direction The property is located in an area designated as Stable Commercial in the Municipal Plan. Stable Commercial areas are lands which include a number of existing neighbourhood commercial areas which are generally built -out and are not anticipated to receive major change over the planning period, but have the potential for greater mixed -use development beyond the planning period. Policy LU -69 of the Plan permits redevelopment of property in compliance with the requirements of the Zoning By -law, provided the proposal does not negatively affect surrounding land uses. The existing commercial uses and proposed amendments to the Section 39 conditions meet the intent of Stable Commercial area established in the Municipal Plan. Staff note that recommendations to deny past applications largely resulted from the fact that the subject site and adjacent residential properties to the west were outside of the commercial node that was designated at the Hickey Road / Loch Lomond Road intersection in the former Municipal Plan. The current Municipal Plan expanded the commercial area designation to include the subject site and the adjacent residential properties to the west. Staff note there is limited potential for impacts on surrounding land uses as a restaurant use was permitted in the past and that the proposed liquor licence will not allow for the establishment of a club or lounge. Staff are of the opinion that the proposed Section 39 Amendment conforms to the intent of the Municipal Plan. Zoning Considerations In 2011, the following Section 39 conditions were imposed on the inclusion of a restaurant in the list of permitted uses for the subject property: i. That the hours of operation for said diner be limited to Sam to 7pm, Monday to Saturday; 75 Kyung Po (Julia) Park 1210 Loch Lomond Road Page 5 December 6, 2013 ii. That a liquor license not be permitted for the proposed restaurant; iii. That the use of a restaurant at the subject site be limited to the current application; iv. That the applicant be required to establish a fenced -in garbage area in the rear yard of the subject property; and, V, That the landscaped plantings be extended along the southern part of the property to the public right -of -way. Conditions relating to the fenced -in storage area and landscaping extension have been completed by the previous applicant. The applicant has requested the Section 39 conditions be amended to allow for a restaurant other than that which was the subject of the 2011 application to operate at the site, to extend the hours of operation and to allow for a dining room liquor licence. Section 39 conditions imposed in 2011 limited the use of a restaurant to "Di's Diner" which was the subject of the 2011 application to amend the Section 39 conditions imposed in 2006 in order to permit a restaurant on the site. The applicant currently operates a restaurant at the site that is different than the restaurant that was approved in 2011 (i.e. a Thai restaurant as opposed to a diner). Staff are not aware of any complaints regarding operation of the restaurant aside from the timely completion of the garbage enclosure and landscaped plantings which have since been completed. Staff also note that the land use impacts of a restaurant such as traffic, noise and visual impact are generally the same regardless of the type of restaurant. Given this, and combined with the fact that that no complaints have been received regarding the existing restaurant operations, Staff recommend that the condition limiting the use of a restaurant to that that was the subject of the 2011 application be deleted. Staff note that the current application was submitted as a result of the applicant applying for a dining room liquor licence for the restaurant. The condition prohibiting the restaurant from having a liquor licence came about as a result of the previous restaurant operator not intending to have a liquor licence. Under the Provincial Liquor Control Act, a requirement of a dining room liquor licence is that the sale of food be the primary business and source of revenue for the restaurant which prevents it from operating like a club or lounge. Given this, Staff are of the opinion that the Section 39 condition not permitting a liquor licence for the proposed restaurant be amended to permit the restaurant to have a Dining Room Liquor Licence. A club and lounge are not permitted land uses under the Section 39 conditions imposed in 2006. Hours of operation of the restaurant were limited to 8:00 a.m. to 7:00 p.rn. Monday to Saturday largely at the request of the previous applicant in 2011. The current applicant is proposing to have the restaurant remain open until 10:00 p.m. seven days a week. Staff are of the opinion that this will have little impact on the surrounding neighbourhood as the layout of the building focuses activity away from the adjacent residential uses given the parking lot and building access are on the opposite side of the building from the adjacent residential properties. A fence and plantings extend along the western property line adjacent to the neighbouring residential use, which further mitigates noise and associated impact. As the operating hours are being extended later in the evening, Staff also recommend that they also be extended in the morning to 6:00 a.m. to accommodate a restaurant that serves breakfast. Staff recommend that the Section 39 condition relating to the hours of operation of the restaurant be changed to permit the restaurant to be open from 6 00 a.m. to 10:00 p.m. seven days a week. 76 Kyung Po (Julia) Park 1210 Loch Lomond Road CONCLUSION: Page 6 December 6, 2013 Since the imposition of the Section 39 conditions pertaining to the operation of a restaurant on the site in 2011, the property has been designated as Stable Commercial in the Municipal Plan from its previous Residential Designation. Based on this, and the with limited potential for land use impacts on adjacent properties, approval of the requested Section 39 Amendments is recommended. MR Project No. 13 -264 77 PLANNING AND D EVE LOPMENTIURBANISME ET DEVELOPPEMENT 1137 CGUY 160 •'OSi.X 153 4! R2 �n �i-1 • i6 P 6 '• M9k G Zx�1a 83 45 7 5 3 f i 2 .100 % X251 r] , 87 117' 178 14 17 10 107 .132 11 + F9 99 8 9 126 42 f 8 77 } 89 7 l2 � 73 $b 6 +41 1651 r 15� • ! G C7 64 S7 65, #fl0 64 }*.,• •r 10 7 � S7 .* �^ 11 � 'l i � 5A •li 'ti6 �.� 11Ut{ 9 4y S, r� 11 r'r 7 � 6 29 qp61510 r•�'+• 17: 385 4 993i97S39 ��_ _ SZ 12 r V� rye• 116'�� 1157 r•�• 1f� � r !1120 35 300 m 7000 ft Subject Site /site en question:: ' Location: 1210 ch. Loch Lomond Rd. Date: November 15 novembre 2013 Scale /echelle: Not to scale /Pas 5 1'echelle r-9 ,L.2 PID(s)INIP(s): 55008593 1 79 173632 r7 29ix� G5 8 1723 20 66 51 a5 6 2 *t{54 i 7 AO 3r �3$ 311 i 139. 1 tir %I. { . 1:91 55 �49�51 536 S5� 59 1 5 8 �17 2011 & G7 64 30 59 S5 C III 19 2 Si {62` �.r] 141: 47 r 43 L 7 7x11 rn�. 39 Q+ 6 24 Presentation to Common Council December 23, 2013 Jody Kliffer, Growth and Community Development Services 79 rA • Amend the Municipal Plan to: — Redesignate the subject property from "Rural Resource" and "Park and Natural Areas" to "Rural Residential" to facilitate the creation of approximately 140 unserviced residential lots. a) Existing b) Proposed r///A Sub}el Site Park and Natural Areas Rural Residential Rural Resource Growth and Community Development Services 80 December 23, 2013 SAINT JOHN I • 2005: Property rezoned — Phases 1 and 2 completed • 2008: Tentative Approval given for Phase 3 • 2009: Tentative Approval given for Phase 3A & 4 — Kimberly St. was not built to City standards • 2010: Remainder of Kimberly St. approved and Excavation permit taken out by Thomas Construction • 2010: Same year, Tentative Approval for 3A & 4 expired • 2012: New Municipal Plan adopted 601-i- Growth and Community Development Services 81 December 23, 2013 SAINT JOHN I Growth and Community Development Services 82 December 23, 2013 SAINT JOHN Designated Rural Resource: • The Municipal Plan has growth management controls for rural residential development for 3 primary reasons: 1. This form of development is fiscally unsustainable 2. Fringe development undermines the success of the urban areas 3. They potential land use conflict and loss of rural economic opportunities f.1 Growth and Community Development Services 83 December 23, 2013 SAINT JOHN I Rationale for designating "Rural Residential" properties: • Inside the "Rural Settlement" areas • Where infill opportunities existed • Pre - existing subdivision approvals existed • Lands that showed no real conflicts with the new Plan I.,, T tea^ I�r r L� i�- Growth and Community Development Services 84 December 23, 2013 SAINT JOHN I • Public Notification — 22 letters sent to landowners in vicinity of site — Advertisement in Telegraph Journal - Tuesday November 26, 2013 — No written comments received • No letters received for or against the proposal • The applicant appeared before the Committee and spoke against staff recommendation • No one appeared before the PAC for or against the proposal f.1 Growth and Community Development Services 85 December 23, 2013 SAINT JOHN Amend a portion of the subject site (app. 29 hectares): • Recognize lands with prior subdivision approval • Provide a connection back to Latimore Lake Road Potential lot yield of 47 lots Growth and Community Development Services 86 December 23, 2013 SAINT JOHN I 1. Approve Staff recommendation 2. Create "sunset" clause on any area subject to Plan amendment • Note: Council is unable to place conditions on Plan amendments; however, Plan monitoring /review program will provide an opportunity to monitor development of the site. Growth and Community Development Services 87 December 23, 2013 SAINT JOHN BY -LAW NUMBER C.P. 106-_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also identified as being PID No. 0043367, from Rural Resource Area and Park and Natural Area to Stable Area classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource and Park and Natural Area to Rural Residential classification - all as shown on the plans 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. 2014 and signed by: Mayor ARRETE N° C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edicte ce qui suit : L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par: 1 la modification de 1'annexe A — Structure de la municipalite, afm de faire passer la designation dune parcelle de terrain dune superficie d'environ 89 hectares, situ6e au 1006, chemin Latimore Lake, et portant le NID 0043367, de secteur de ressources rurales et secteur pare et aire naturelle A secteur stable ; 2 la modification de Pannexe B — Utilisation future des sols, afin de faire passer la designation de la parcelle de terrain precit6e de secteur de ressources rurales et secteur part et afire naturelle a secteur residentiel rural ; - toutes les modifications soot indiquees sur les plans ci joints et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 13.00 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE: 1006 LATIMORE LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan at its regular meeting to be held in the Council Chamber on Monday, December 23, 2013 at 6:30 p.m., by: 1. Redesignating, on Schedule A of the Plan, a parcel of land with an area of approximately 89 hectares, located at 1006 Latimore Lake Road, also identified as RID No. 00433367, from i4waf ACKW eArea and Pw* and NourofAmq, to SN&k AM as illustrated below; 2. Redesignating, on Schedule e of the Plan, the same parcel of land, from Rtaofllasow e a_n_d kr JPar an nYbNa N1 Alen to $W al i Resldanllal. i REASON FOR CHANGE: To permit a rural residential subdivision. The proposed amendment may be inspected by any interested person at the office of the PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 1006, CHEMIN LATIMORE LAKE Par les presentes, un avis public est dorm€ par IEquel le Conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal, fors de la reunion ordinaire qui se tiendra clans la salle du conseil le lundl 23 dEaembm 2013 a 1B h 30, en apportant les modifications suivantes : 1. Modifier la designation, a I'annexe A du plan, d'une parcelle de terrain dune superficie d'environ 89 hectares, situee au 1 006, chemin Latimore Lake, et portant le NID 0143367, afin de la faire passer de sachardermmoom nurdes et sack rp by et dm namarge 6te[lewskft, comme if est indiqu€ ci- dessous. 2. Modifier la designation, a I'annexe B du plan, de la parcelle de terrain precitee, afin de Ja faire y passer de seclarde ressoureff rwofa et sech Pow et dm nahffafk d mmw rhillihnod nod Common Clerk, or in the office of Growth and Community RAISON DE LA MODIFICATION, Development Services, City Hall, Permettre un lotissement IS Market Square, Saint John, residentiel rural. N. B. between the hours of 8. Toute personne interessee a.m. and 4:30 p.m., Monday peut examiner le projet de through Friday, inclusive, modification au bureau du holidays excepted. greffier communal ou au bureau Written objections to the du service de la croissance et du amendment may be sent to the developpement communautaire a I'h6tel de Ville situe au 15, undersigned at City Hall. Market Square, a Saint John, If you require French services for au Nouveau - Brunswick., entre a Common Council meeting, 8 h 30 et 16 h 30 du lundi au please contact the office of the vendredi, sauf les jours feries. Common Clerk. Veuillez faire part de vas Jonathan Taylor, Common Clerk objections au projet de 658 -2862 modification propose par ecrit a I'artention du soussigne 3 I'h6tel de ville. Si vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacter le bureau du greffler communal. Jonathan Taylor, gre8ier communal 658 -2862 Ad Number: A113490 Ad ID. 6917390 Current Date: Nov 18 2013 10:30ANI Start Date: 11/26/2013 End Date: 12/17/2013 Color: B/W Client Approval OK ❑ M Corrections ❑ Planning Advisory Committee December 13, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment 1006 Latimore Lake Road City of Saint John On October 7, 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 December 10, 2013 meeting. Kim Wilson, the applicant, was in attendance at the meeting and was not in favour of staff's recommendation. Ms. Wilson stated that her only wish is to have the entire site re- designated, and not any lesser portion, as per the staff recommendation. Ms. Wilson stated that she did not agree with some of the facts that were presented by staff with regards to the history of the property as contained in the staff report. Staff had indicated that Ms. Wilson constructed Kimberly Drive without the proper engineering plans or approvals, which ultimately resulted in design flaws that needed to be rectified prior to final approval of the subdivision plans for Phase 3 being granted. Ms. Wilson claimed that she did have engineering approval, but that it came after an inspection by City staff in 2009. Ms. Wilson stated that the conditions of approval of Kimberly Street were costly - and unfair as staff did not permit the developers to use the Public Street for hauling the aggregate material from Phase 4, which would have involved significant truck traffic. As a result of this condition, Ms. Wilson was required to construct a separate access road on the property for the purposes of hauling material off the site. Ms. Wilson commented that if she and her husband were to develop the site according to staff's recommendation, it would be impossible for them to access the rear portion of the property in the future as the streets will have been completed to the standards of the subdivision bylaw, and would not allow access for large trucks that would be required to work on the rear part of the property to prepare it for future development phases. The Committee asked Ms. Wilson what her timeline would be for finishing the entire subdivision if she were to be granted the appropriate approvals. Ms. Wilson .N -2- was unsure of the exact timeframe, but commented that the build out of the entire site would likely not occur in her lifetime. The Committee asked staff if there would be consideration given to developing residential lots in this area in the future if the development inside the PDA did not occur as the Plan has directed. Staff responded that such a departure from the direction of the Plan would have to be taken back to the community for input as the Plan was established through extensive community engagement. Such new contemplations in growth would be addressed at an appropriate time in the future and would need to involve public input. The Committee asked staff how the proposed development would impact the projected growth strategy of the Municipal Plan if it were to be completely built out. Staff responded that the Plan projects approximately five percent (or 250 units) of residential development to occur in the rural areas over the next 25 years. The current proposal would represent approximately sixty percent of the total projected rural development for the next 25 years. In addition, the majority of the rural residential growth is meant to occur in the Rural Settlement areas, and not in Rural Residential areas as the current application is proposing. The Committee indicated that they would like to see more statistics reflecting the number of residential developments to date against the projections outlined in the Plan. The Committee later adopted a motion for staff to provide development statistics to help the PAC make informed decisions on applications as they relate to the fulfillment of P1anSJ goals. It was agreed that the first report would be submitted to the Committee by March 31, 2014. The Committee asked the applicant if she offered any feedback or provided comment at any point during the public engagement process for the new Municipal Plan. The applicant responded that she had not, but assumed that the prior rezoning of the property was not going to change and as a result allow her to continue the development. The Committee asked the applicant if she was certain that she would not develop "Phase 4" if the Committee's recommendation were to move staff recommendation. The applicant stated that she could not say for certain if she and her husband would continue with the project or not. The Committee stated that the proposal seemed too speculative in nature to justify amending the Municipal Plan. After considering the report and the comments made by the applicant, the Committee recommended to move staff recommendation. The Committee added two recommendations for Council's consideration, as set out below. RECOMMENDATION: 1. That Common Council redesignate, on Schedule A of the Municipal Plan, a parcel of land with an area of approximately 29 hectares, located at 91 -3- 1006 Latimore Lake road, also identified as a portion of PID No. 00433367, from Rural Resource Area and Park and Natural Area, to Stable Area, as illustrated on the attached sketch entitled "Appendix 3: Area Recommended for Plan Amendment ". 2. That Common Council redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Resource and Park and Natural Area to Rural Residential. 3. That any Plan amendment associated with this application include a "sunset mechanism" to revert the amendment if the proposed development does not take place within an appropriate time. Respectfully subrpilted, C. Jn - Project No. 13 -219 92 r '1'�e �jroesalar)o�m DATE: TO: FROM: FOR: PREPARED BY: Jody er, , RPP Planner SUBJECT: 6, 2013 PLANNING ADVISORY CONIlV =13 COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF DECEMBER 10, 2013 REVIEWED BY: J line Hamilton, MURP, MCIP, RPP Conimissioner Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 1006 Latimore Lake Road PID: 00433367 Municipal Plan (Schedule A): Existing: Rural Resource and Parks and Natural Area Proposed: Stable Residential Municipal Plan (Schedule B): Existing: Rural Resource and Parks and Natural Areas Proposed Rural Residential Zoning: "RR" One Family Rural Residential Proposal: To create an additional 139 single - family residential lots in the "Latimer Estates Subdivision" Type of Application: Municipal Plan Amendment +" "'N `" P.O. Brix 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada EA 40 Canada EX 4C1 SAINT JOHN wwwsain4ohn.ca 93 Douglas Cyr and Kimberly Wilson Page 2 1006 Latimore Lake Road December 6, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law, The Committee recommendation will be considered by Common Council at a public hearing on Monday, December 23, 2013. STAFF RECOMMENDA.TJON TO COMMITTEE: 1. That Common Council redesignate, on Schedule A of the Municipal Plan, a parcel of land with an area of approximately 29 hectares, located at 1006 Latimore Lake road, also identified as a portion of PID No. 00433367, from Rural Resource Area and Park and Natural Area, to Stable Area, as illustrated on the attached sketch, entitled "Proposed Area for Plan Amendment (Staff Recommendation) ". 2. That Common Council redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Resource and Park and Natural Area to Rural Residential. BACKGROUND: The proposed development is a continuation of the existing "Latimer Estates Subdivision ", which is a rural subdivision on the City's East Side that has been granted various approvals over the past 10 years. In July 2004, the Planning Advisory Committee favourably considered the first phase for the proposed subdivision. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. In February 2005, the Committee favourably considered the second phase of the subdivision plan. This phase involved 12 unserviced residential lots along a new public street (currently Estate Drive). At the same tune, Common Council favourably considered the rezoning of the subject site from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential in order to facilitate the development of the site into approximately 163 single - family lots. At that time, the developers stated that they had no immediate intention of developing lots 2004 -19 through 2004 -168, but would carry forward the proposal for developing the remainder of the property in various future phases. In November 2005, the PAC granted variances to allow for the creation of a 6 metre wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008, the Planning Advisory Committee considered the third phase of Latimer Estates Subdivision, which consisted of 12 additional unserviced residential lots, bringing the total number of lots in the subdivision to 29. In April 2009, the PAC favourably considered an amendment to the third phase of the subdivision development, and recommended a fourth please (see attachments) with certain changes to the subdivision 0 Douglas Cyr and Kimberly Wilson Page 3 1006 Latimore Lake Road December 6, 2013 plan. These changes involved the removal of a curvature on proposed Banbury Drive, and the inclusion of the necessary Land for Public Purposes dedication. The Committee also granted a variance to allow an extension to Estate Drive, and approved the new street name "Banbury Drive." On May 5, 2009 Phase 4 received tentative approval, which included authorization of a city /developer subdivision agreement to be executed to ensure the provision of the required work and facilities, including detailed site and drainage plans, subject to the approval of the Chief City Engineer. Infrastructure and Development Service received and approved these plans in July 2009. However, tentative approval for Phase 4 lapsed in May 2010. The applicants did not apply to renew tentative approval after this point. The agreement between the City and a developer grants the developer two years to upgrade the road from granular "B" without requiring an asphalt surface. As a part of this agreement, the property owners of the current application were required to submit a security deposit to complete all the road work required to the City's standards within the two -year period, which commences from the time of the execution of the subdivision agreement. On May 20, 2009, the Committee considered a Conditional Use application to permit excavation of a portion of the subject property in order to prepare the area allocated as "Phase 4" for development. A condition in the report requires access to the site for excavation purposes to occur off Latimore Lake Road between lots with PID numbers 55172019 and 55172027, in accordance with a detailed site plan, subject to the approval of the Development Officer. Among other conditions, the Committee also imposed a condition pertaining to the proposed new road that required the applicants to submit detailed grading and drainage plans, subject to the approval of the Chief City Engineer (or his designate). As of the time of the current application, neither the site plan nor the drainage plan for the proposed new road accessing Latimore Lake Road have been submitted for review and approval. On January 30, 2012, Council adopted the new Municipal Plan, which has placed the undeveloped portion of the subject site in the Rural Residential and Park and Natural Area designations. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Canada Post has been advised of this application, Infrastructure Development Service has the following comments: There are no municipal water and sanitary sewer sen ices available in this area. It is the developers' responsibility to ensure that all required approvals for private, on -site facilities are received. Detailed engineering plans (storm drainage and street), along with a stormwater design report, must be submitted by the developers' engineering consultant to the City for review and approval. All street design geometry must meet all applicable street design guidelines, City Specifications and by -laws. The plan included with the application contained several four -way intersections whereas the by -law indicates T- intersections should be used. * Long, straight streets should be avoided as this promotes speeding. The design should also encompass proper street interconnections and drainage networks for the entire subdivision. 95 Douglas Cyr and Kimberly Wilson Page 4 1008 Latimore Lake Road December 6, 2013 a The included plan shows a second connection to Latimore Lake Road for this development. The developers' traffic engineering consultant should provide a recommendation on when this second access to the development is to be constructed (i.e. after a predetermined number of Lots have been developed). • The submitted plan shows a number of connections to adjacent property. The number/location of these proposed connections to adjacent properties should be reviewed by the developers' engineering consultant. All street connections to adjacent properties are to be fully designed and constructed as part of the development. • For the section of street terminating between lots 2004 -66 and 2004 -86, there should be a permanently constructed cul -de sac. Inspection. & Permitting Services has no concerns with this application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with this application. N.B. Department of Environment has been advised of this application. N.B. Department of Health has been advised of this application. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Services makes note that the street network would have to adhere to the following National Building Code 2010 & National Fire Code 2010 Standard Access Route Design which provides that the road. • Have a clear width not less than 6 metres, unless it can be shown that lesser widths are satisfactory. ■ Have a centerline radius not less than 5 metres. • Have an overhead clearance not less than 5 metres. • Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres. Be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions. • Have turnaround facilities for any dead -end portion of the access route more than 40 metres long, and be connected with a public thoroughfare. * The Saint John Fire Department reserves the right to accept any turn-around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas (Cul -De -Sac). The hydrant network is installed according to the standard as adopted by the City of Saint John and all hydrants public and private be maintained per code. • The Fire Department assesses the final subdivision plan with respect to appropriateness of hydrant placements. Douglas Cyr and Kimberly Wilson Page 5 1006 Latimore Lake Road December 6, 2013 Saint John Transit no longer offers service in the Latimore Lake area. Transportation and Environment Services has been advised of this application. ANALYSYS: Subject Property and Neighbourhood The subject property is situated on the south side of Latimore Lake Road across from the Latimore Lake Mobile Home Park (see attached location map). The subject property is approximately 89 hectares, consisting of Phase 4 and the intended future development area of the applicants' proposed subdivision. Except for the Phase 4 area, most of the site remains in a natural state. The surrounding neighbourhood along Latimore Lake Road is comprised of single - family dwellings with private on -site services. As mentioned, a mobile home park is directly across the street. The existing subdivision, including the area subject to the current Municipal Plan amendment, is approximately 200 metres from an existing pit and quarry operation. To date Phases 1 through 3A have been mostly built out, consisting of a total of 29 lots, while Phase 4 vw-as previously given tentative approval and includes a proposed addition of 21 lots. Estate Drive and Kimberly Street have been constructed to access the developed area, while Banbury Drive and an extension of Estate Drive were approved to access Phase 4 of the development. As noted in the Background, the tentative approval of Phase 4 lapsed in May 2010. The subject site began developing under the purview of the previous Plan. The first four phases, or 50 lots, were given final or tentative approval prior to the adoption of the new Municipal Plan in January of 2012. The first three phases of the development are now designated Rural Residential by the new Plan. The 21 lots included in Phase 4, however, are currently found in the Rural Resource area, which does not contemplate further residential development in the form proposed by the applicants. Although the development did receive tentative subdivision approval, the applicants are required to submit plans for final approval within one year of the tentative approval date. Failing to do so results in the tentative subdivision approval becoming "null and void!'. The applicants received tentative approval in April 2009, but failed to submit their platys for final approval within the required timeframe. Proposed Development The applicant is seeking approval to continue with the proposed "Latimore Lake Estates" development, which totals approximately 168 single - family residential lots at build -out, and includes the addition of a minimum of nine new streets. Tentative and Final Subdivision Approval A proposal to subdivide land and construct a new development typically requires various planning approvals. The proposed development must meet the following requirements: 97 Douglas Cyr and Kimberly Wilson Page 6 1006 Latimore Lake Road December 6, 2013 1. Have the appropriate Municipal Plan land use designation (if not, a Plan amendment is required) 2. Have the appropriate zoning (if not, a rezoning is required) 3. Receive tentative subdivision approval (which illustrates the layout of the proposed lots and is subject to review of City staff to ensure the development will meets City standards) 4. Final subdivision approval (which is granted after the necessary work identified in the tentative approval stages has been completed to an acceptable standard) At the time of the rezoning of the subject property to ` °RR" One Family Rural Residential, the applicants were required to submit a concept plan (see attached site plan) to generally illustrate the overall development plan for the site. The rezoning was granted along with the tentative subdivision plans for Phase 2. Once tentative approvals are granted for subdivision, the onus is on the developer to conduct the required ground work prior to final approval being given. As a component to this agreement, the developer is required to submit a security bond equal to the approximate cost of the required work. If the developer does not complete the work, staff will apply the amount retained in the security bond to the cost of completing the work to City standards. Once the work is completed and approved by staff, the applicant can apply for final subdivision approval to create the lots. The Community Planning Act, which is a provincially legislated act, requires the developer to acquire final approval within one year of receiving tentative approval, or he /she must reapply for tentative approval. In the case of Latimer Lake Estates, the tentative approvals for Phase 4 expired in May 2010 and the applicants did not attempt to renew their proposed subdivision plans. In the meantime, a new Municipal Plan was adopted that further restricted the development of future rural residential growth. During the engagement period for "P1anST', which produced the new Municipal Plan for the City, the community strongly encouraged policies that would help "grow the City smarter", and limit the amount of development occurring in the rural areas. Throughout this two -year public engagement process, it should be noted that the current applicants did not make any formal requests that expressed their concerns or highlighted a desire to see changes to the subject properties as part of the Plan review process. Because the tentative approvals for the subject property lapsed in 2010 and were not resubmitted until after the adoption of the new Municipal Plan, staff were no longer in a position to approve the applicants' expired tentative subdivision plans. Street Construction During the construction of Phases 3 and 3A, the applicants built "Kimberly Street" without the appropriate approvals from the City's Infrastructure Development Services. After the road was constructed, City staff inspected the work done and determined that adjustments needed to be made to prevent flooding. For Phase 3 of the development, temporary drainage measures were constructed and staff approved the final acceptance of this phase of the development. For Phase 3A, a culvert that was directing stormwater to the north had to be re -laid to direct water to the south and the ditches along Kimberly Street had to be re- shaped. This work was required to bring the development into compliance Douglas CST and Kimberly Wilson Page 7 1006 Latimore Lake Road December 6, 2013 with the stormwater management plan for this phase. After addressing the deficiencies of the road construction, staff approved the final acceptance of Phase 3A of the development. In addition to the above approvals, the applicant was required to construct a ditch along Banbury Drive in order to provide the proper drainage for Kimberly Street, which was an identified condition on the approved plan for Phase 3A and 4. Banbury Drive was approved by Infrastructure Development Service, but was not constructed. Ms. Wilson has indicated to Infrastructure Development Service staff that re- grading work for a portion of Phase 4 has occurred recently. However, staff have not verified this claim as the applicants have not submitted any details for review as of the time of the writing of this report. Municipal Plan The first four phases of the "Latimer Estates Subdivision" were granted tentative approval at various times under the previous Municipal Plan and, except for Phase 4, were completed. However, under the policy direction of the current Municipal Plan, the development of these lands is subject to growth management controls to ensure that the City is engaged in a more sustainable development pattern going forward. The successful implementation of the policy directions identified in PlanSJ requires strategies to contain the growth of unserviced rural residential development. The rationale for limiting growth in the rural areas can be divided into three main areas: 1. Fiscally unsustainable The P1anSJ process revealed that there is no return on investment for rural, low- density patterns of development, despite the revenue generated from property taxes. Over time, this form of development places a significant financial burden on the City in the form of street maintenance, garbage removal, snow ploughing, necessary infrastructure to provide emergency response and over time this pattern has proven to be financially unsustainable. The ser% icing and infrastructure costs identified above do not include the costs that typically arise over time as rural communities begin to expect the same level of service that more urban neighbourhoods tend to receive, such as community centres, play grounds, recreational facilities, sidewalks, parks and green spaces and ultimately the extension of water and sewer lines. Because the City incurs a significant financial loss as a result of unserviced residential developient patterns, past Councils have been forced to raise the property tax rate in order to meet the increasing cost of service delivery. Future rural development is targeted to traditional rural settlement areas, which have the ingredients of `complete communities' and are more reflective of the sustainable growth patterns that are promoted by the Plan moving forward The Plan targets 5% of future growth to the rural areas, which is intended to occur in the Rural Settlement areas. Phases 4 and future phases of the Latimer Estates Subdivision would include approximately 139 new residential lots. This would represent appmximately 3% of the total number of units projected to be constructed in the rural areas during the 25 -year lifespan of the Municipal Plan, - none of which would be located in the Rural Settlement areas. The proposed 139 lots represent 56% of the total share of rural residential lots projected for development over the same 25 year period. .. Douglas Garr and Kimberly Wilson 1006 Latimore Lake Road Page a December 6, 2013 As a measure to reduce the financial burden on the City, the new Municipal Plan has implemented the Primary Development Area (PDA), which functions as a growth boundary that concentrates investment and development in areas where the City has already extended water and sewer services and made significant capital investments. 2. Undermining the success of the urban areas Allowing growth at the edge of the City undermines the success of the City's efforts to renew the urban core and promote smart growth principles. P1anS] projects a growth of approximately 10,000 people over the course of the 25 -year period, with the majority being focused inside the PDA and 45% being targeted to the urban core areas. Historically rural growth has come at the expense of the urban areas, which makes it important going forward to manage rural growth as a means of supporting the urban core. With a limited budget spread over a vast servicing area, the City is presented with significant challenges in allocating sufficient resources to enhance the urban core. With more roads, infrastructure and staff needed to accommodate rural residential growth, budgeting has been limited to a basic level of maintenance of existing assets. Over the years, the City has been largely unable to budget for major enhancements to the urban core area as the resources were spread too thin, which has led to a decreased level of interest in the urban area as a desirable place to live. This has had a direct correlation to the - 6brancy of the City over the years. The new population growth is expected to produce a demand for approximately 5,000 new residential units (houses, townhouses, condos and apartments). 3. Reduces the potential of rural economic opportunities Rural residential development complicates the potential for rural areas to function as economic drivers for the community. Resource extraction (e.g. pits, quarries, woodlots) comprise an important element of the economic base for the community and need to be able to function without the encroaching land use conflict of residential growth in these areas. As stated in section 3.6.1 of the Municipal Plan, "the Municipal Plan carefully manages land uses beyond the Primary Development Area (PDA) in the Rural Areas to preserve the environmental features and functions of these lands, protect the rural character of these areas, and facilitate the continued use of these lands for rural resource use, where appropriate and permitted ". The Latimore Lake area of the City has a number of pit and quarry operations; including the recently approved expansion of the `Fundy Bay Sand and Gravel Inc.' pit approximately 200 metres west of the subject site (see Appendix 1). The nature of resource extraction industries, such as pits and quarries, present strong land use conflicts with residential developments. These areas involve significant truck traffic, noise pollution, dust, among other heavy industrial activities, which are fundamentally incompatible with residential land uses. The Plan identifies the Rural Resource areas of the City as important areas for the local economy that often involve extraction activities. Allowing residential developments to encroach into the Rural Resource lands will impact the capacity for these areas to sustain their economic functions. 100 Douglas Cyr and Kimberly Wilson 1006 Latimore Lake Road Proposed Area for Plan Amendment (Staff Recommendation) Page 9 December 6, 2013 The applicants are requesting a Plan amendment to facilitate the development of the remainder of the subject property. The direction offered by P1anSJ does not contemplate the large-scale residential subdivisions and development of lands in the Rural Resource area. Permitting the development of the rural areas for residential land uses would compromise the goals and direction established by the Plan. The Plans firmly grounds the development of the City in `smart growth' principles that recognise the importance of managing the finances and natural resources of the City in a responsible fashion while enhancing the quality of life for its residents. To this end, policy LU -105 states that Council shall "not permit the expansion of Rural Residential development to lands not currently designated for this form of development. Council therefore shall not consider applications to re- designate lands to the Rural Residential Area designation except where such an application is necessary to recognize an unintentionally omitted existing or approved legal land use." The area designated as Phase 4 on Appendix 2 was not included in the Rural Residential area on the Future Land Use map during the development of the new Municipal Plan. Through the process of developing the Future Land Use map for the Plan, consideration was given to all tentatively approved subdivisions stretching back a maximum of ten years prior to the review period (2010). The properties eventually placed in the Rural Residential areas were also viewed from the perspective of how logically they would connect to existing road networks and other areas containing existing municipal investments, During the development of PlanSJ, it was determined that there was a significant inventory of rural residentially zoned land. Properties that were carried forward to form the areas designated Rural Residential were looked at on a case -by -case basis, evaluated with the following criteria: 1. Projects in Rural Settlement areas were carried forward to support the full build -out of future subdivisions. 2. Areas with larger concentrations of rural subdivisions were looked at for the opportunity to create infill between existing communities. The designation was scoped tightly in these areas to permit infill only, and not further rural residential developments that were not contiguous to existing rural communities. 3. In other rural areas, the designation was scoped based on tentative subdivision approvals that were in place and did not create further land use conflicts with other existing rural resource - based extraction activities. 4. Applications that had been actively moving through the tentative and final approval processes over the previous 10 years. 5. Lands that demonstrated conformity with the new Plan, ensuring that there were no major conflicts being created as a result. It was the intention of Council following the Municipal Plan's adoption and the development of the new Zoning Bylaw to consider previously zoned properties in relation to the policies of the Municipal Plan "to determine whether the property should continue to be zoned to accommodate the intended use ". It should be clear that rezonings are conceptual approvals and do not constitute approval for a final development. Rezonings by themselves do not contain any degree of certainty that the land subject to the rezoning will develop. The rezoning of a property is one of the initial steps in the approval process 101 Douglas Cyr and Kimberly Wilson 1006 Latimore Lake Road Page 10 December 6, 2013 for anyone wishing to develop his/her land (assuming the property does not already have the appropriate zoning for the desired development). Tentative approvals contain a higher degree of certainty that a development may occur than rezonings. However, there is also no certainty that tentative approvals will go forward. By way of demonstrating the speculative nature of rezonings, since 1981 there have been approximately 775 rural residential lots proposed through a rezoning to "RR"' One Family Rural Residential. Of these 775 lots, only 350 have been created through subdivision approval. Even fewer lots eventually saw homes constructed on them. The new Municipal Plan embraces a new direction for the City that acknowledges the challenges of encouraging rural development patterns, and champions the enhancement of the areas found inside the PDA. On the basis of the previous tentative subdivision approval, a case could be made for Council to consider the continuation of Phase 4 as well as a further phase be permitted that would give the applicant additional area to connect the development back to Latimore Lake Road, As such, despite the expiration of the tentative subdivision approval of Phase 4, staff recommend that the Future Land Use leap be amended to incorporate into the Rural Residential designation the 21 lots of Phase 4, and an additional area that could accommodate approximately 26 lots adjacent to Phase 4, be approved (see Appendix 2). The recommendation includes the potential for approximately 47 new lots on approximately. Creating new roads in rural areas is generally discouraged in the Municipal Plan; however, the Plan identifies the need to contemplate such roads strategically when they are able to offer better connections to existing road networks. For the reasons outlined in the report, staff are not in favour of the applicant's proposal to amend the Future Land Use designation of the entire property to include development potential of approximately 139 lots. The inclusion of these lands would create further land use conflict with existing resource extraction activities in this area of the City. CONCLUSION: The current proposal to amend the Future Land Use map to facilitate the addition of approximately 163 unserviced residential lots in staffs opinion is not consistent with the direction of the new Municipal Plan to focus growth in the Rural Settlement areas and the Primary Development area, and has the potential of undermining the development of the .Dural Resource areas. Staff can support an amendment to the Municipal Plan that would include Phase 4, as well as additional lands that would offer enhanced connectivity of the site and link it back to Latimore Lake Road (see Appendix 3). dK Proicat No. 13-219 102 PLANNING AND DEVELOPMENTIURBANISME ET DEVELGPPEMENT x PQ n ¢ ���jjjj a P MH 1 "` , Y BF 0 :# Subject Sitslsit® en question:) D0433367 Location: 880 -1006 Latimore Lake Road Date: September 24, 2013 Scalefficheile: Not to scale /Pas A Mchalle 103 .. INS 9 $ d $ Ni's a ° M i f f r �r -1 f I r � r r,! i A i• r �1 /%l {55 �tI I � { { I 1 i , e i a �f 1 I A" w'! °i�I► 4 �� +yw 5x11 1 \' 1 * � 1 04. . , 5 41 r [ 1 la 1 r � 5 1 L r fr T fi- ••y..�.— 1 1 ' J_ /1 i 1 +� lilt. I d ot _ j I - � (L v \ ,� I it op a ;1 Q 8 _z 105 m r cy+ a - s r � xw�la R s "s e �rr�E Ca 6 R F ' kz LIZ r r sa aL a w aN a oio r , • 9 � S � r� tlgg yP ..ea° °k7t �f • G d — w � r ppa U7 N 5 ��5 � � �i :: P - 7�� A Y �r �ii YY■ � =9p1•�lR•{ x ?, E: v�'1� � �' � � � Y � YS����':FFEi p�si`•`Ei�t� ' id f Y q 6 °K W 9F 2 � ■ �i yi � 1 y i kCil L I ii tx -� r� ■ r �t_y_ iRe o !�� rt ■ , •r' � ;11 . C �i; � OW $ w �gR �A � �n =i�inFD�4� s lop n z M 1-1 g rFF 100.1 Ilia 106 T • .- ,r'�'�4� "��'r � -'�� ice' f'P'f r� �..T ��� - .. v F� Mt� (r !r f ,1OV 1y 11, db' y ti d JW . f .N �, look, \�\ :} , \ \\ Ilk" y � IL. . f ^ . � _ p_ . � . •\. /`A t'_'. To: Planning & Development (P &D) and Common Council... Our names are Douglas Cyr & Kimberly Wilson. We live at 1010 Latimore Lake Rd. Saint John, NB... We hope after you review this package, you can understand how certain aspects of PlanSJ allows the City of Saint John's P &D dept to "TERMINATE" subdivisions that have already been approved by P &D, PAC & Common Council (such as Latimore Estates). Our Latimore Estates Subdivision has been ongoing since 2004 with the Phase 1 development through to the development stage of Phase 4, where we are today, with plans for more development to come in ADDITIONAL PHASES as was recommended by P &D and PAC on Feb 8, 2005 and recommended and approved by P &D and Common Council on Feb 14, 2005 (ft /2nd reading) & Jul 4, 2005 (with 3rd reading). 110 * PLANNING ADVISORY COMMITTEE MINUTES PAGE: 6 FEBRUARY 8, 2005 Item 7: Timothy Kennedy (on behalf of Douglas Cyr and Kimberly Wilson) Proposal: To rezone a very large property in order to eventually carryout a rural residential subdivision. Type of Application: Rezoning and Subdivision One letter with concerns had been received. Mr. Timothy Kennedy, solicitor, appeared before the Committee on behalf of the application and indicated he was in favour of the recommendation. When asked if he had any concerns with the letter, Mr. Kennedy responded the area in question is well known as an area of gravel pits, and placing a condition stating such could make the selling of the lots more onerous for the applicant. Mrs. Odette McGrath, 31 Lackie Road, appeared before the Committee and indicated she is in favour of the development. She is concerned that a condition could be placed on the development denoting Latimore Lake a gravel pit area. Mrs. McGrath indicated there are many homes in the area and not only gravel pits. The Committee considered the report and presentations and adopted the recommendation_ It was MOVED and SECONDED 1. That Common Council rezone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID No. 00433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential. 2. That Common Council not give third reading to the rezoning until confirmation is received from N.B. Department of Environment and Public Health Services that Phase 2 of the proposed Latimer Estates Subdivision is acceptable with regards to on -site services. 3. That, if and when third reading to the rezoning is given, that Common Council assent to one or more subdivision plans for proposed Phase 2 of this subdivision development consisting of Lots 20046 to 2004 -17 inclusive, and to any required municipal services and public utility easements. 4. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for Phase 2 of the Latimer Lake Estates Subdivision. 6. That Common Council authorize the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for Phase 2 of this subdivision development. 111 U/ PLANNING ADVISORY COMMITTEE MINUTES PAGE: 7 FEBRUARY 8, 2005 g. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By -law that would reduce the maximum cul -de -sac length standard of 105 metres to approximately 470 metres for the proposed Cyr Street situated in Phase 2 of the Latimer Lake Estates Subdivision. CARRIED CWPP Item 8: Saint John Industrial Parks Ltd. ■ To permit the storage of acetylene gas and other gasses in the 14" Heavy industrial Park zone. Proposal Type of Application: Zoning By -law Amendment to the list of Prohibited uses in the "1-4" Heavy Industrial Park zone, as follows. (a) deleting the words "acetylene gas manufacture or storage" and replacing them with "acetylene gas manufacture "; (b) deleting the words "gas manufacture or storage" and replacing them with "gas manufacture ". Mr. Brian Irving, General Manager, Saint John Industrial Parks Ltd., appeared before the Committee on behalf of the application and indicated he was in favour of the recommendation. The question was asked if there are further safety regulations where this is a change from the storage of acetylene gas to the manufacturing of gas cylinders? Randy Pollock responded that the 14' zone provisions presently prohibit the storage or manufacture of gas. The purpose of this amendment is to continue to prohibit the manufacture of gas, but would no longer prohibit the storage of gas. Mr. Pollock continued that the Provincial Department of Public Safety has regulations for how various materials are stored. The applicant will be storing the canisters of acetylene within a closed in wire enclosure. Concern was expressed that there is potential of a risk that gases not appropriate for the 14" zone could be stored in site. Given the fact that it is being proposed to remove the restriction on the storage of all kinds off gasses. Mr. Irving was asked if SJ1PL has any control over businesses that can locate in the park when the lot has been sold to a third party. He responded that they don't have any say over a sale that may take place to a third party. The Committee considered the report and adopted the recommendation. 112 s1 -286 COMMON COUNCIL_ 1 REUNION DU CONSEIL COMMUNAL FEBRUARY 14, 22051 LE 14 FEVRIER 2005 de terrain d'une superficie d'environ 9 800 metres carres (2,4 acres), situee au 945, chemin Rothesay et faisant partie du terrain portant le NID 432203, en vue de la faire passer la designation s'y rapportant de zone rurale « RF >) a zone commerciale generale c B -2 Y), fasse ('objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arr@te intitule «Arrdte modifiant 1'arrete sur le zonage de The City of Saint John n. Proposition du conseiller White Appuyee par le conseiller F'arren RESOLU qua l'arrete intitule «Arretd modifiant I'arrdte sur le zonage de The City of Saint Jahn », modifiant le zonage d'une parcel le de terrain dune superficie d'environ 9 800 metres canes (2,4 acres), situee au 945, chemin Rothesay et faisant partie du terrain portant le N I D 432203, en vue de la faire passer de zone rurale « RF )� a zone commerciale generale (( B -2 n, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la pro position est adoptee. Deuxieme lecture par titre de I'arrete intitule K Arrete modifiant I'arr&6 sur le zonage de The City of Saint John )>. Proposition du conseiller Chase Appuyee par le maire suQpleant Hooton RESOLU qua la correspondance relative au sujet susmentionn6 soit accept6e a titre informatif et, qu'un cautionnement soit exige relativement a I'amenagement paysager an vertu des conditions imposdes par I'article 39 et, que cette exigence soft ajoutde en troisibme lecture. A ('issue du vote, la proposition est adoptee. 4.2 (a) Public Hearing - Proposed zoning By -law Amendment- 880 Latimore Lake Road The Common Clerk advised that the necessary advertising was completed with regard to proposed zoning by -law amendment to re -zone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification to permit the development of a rural residential subdivision in various phases over time as requested by Douglas Cyr and Kimberly Wilson. (b) Report from the Planning Advisory Committee Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 8, 2005 meeting at which the Committee decided to recommend approval of the proposal as set out in the staff recommendation; and recommending that Common Council: re -zone a parcel of land with an area of approximately 104 hectares, located at 860 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Tim Kennedy, the Solicitor for the applicant advocating for the proposal. On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law To Amend The zoning By -law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1M' One and Two Family and 113 91 -297 COMMON COUNCIL 1 REUNION DU CONSEIL COMMUNAL FEBRUARY 14 28051 LE 14 FEVRIER 2005 Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 00433367, from "RS -1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John". On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the documentation relating to the above matter be received for information and that third reading not be given until written confirmation is received from the Departments of Health and Environment Question being taken, the motion was carried. (Councillor Farren withdrew from the meeting before the vote on the above amendment). 4.2 a) Audience publique concernant le projet de modification relatif it 1'arrete sur le zonage visant le 880, chemin Latimore Lake Le greffier communal indique qua les Avis requis ont ete publies relativement au projet de modification de 1'arrete sur le zonage visant a rezoner une parcelle de terrain d'une superficie d'environ 104 hectares, situee au 880, chemin Latimore Lake et portant le NID OD433367, afin de la faire passer la designation s'y rapportant de zone residentielle de banlieue— habitations unifamiliales, bifamiliales at maisons mobiles ac RS -1M» at de zone rurale v RF » a zone residentielle rurale — habitations unifamiliales a RR », afin de permettre I'amenagement d'un lotissement residentiel construit an plusieurs phases au fit du temps, a la demande de Douglas Cyr at Kimberly Wilson. b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport du Comite consultatif d'urbanisme accompagne d'un exemplaire d'un rapport du personnel de planification qui a ete etudie lors de la reunion du 8 fevher 2005 a laquelle le comite a resolu de recommander I'approbation de la proposition, comme 1'enonce la recommandation du personnel; et recommandant qua le conseil communal proeede au rezonage d'une parcelle de terrain d'une superficie d'environ 104 hectares, situee au 880, chemin Latimore Lake at portant le NID 00433367, afin de la faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales at maisons mobiles n RS -1M p at de zone rurale cc RF D a zone residentielle rurale — habitations unifamiliales (C RR )). Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant au rezonage, at Tim Kennedy, avocat du demandeur, preconise la proposition. Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU qua 1'arrete intitule « Arrete modifiant 1'arrete sur Ie zonage de The City of Saint John )>, fasse ('objet de modification 114 91 -620 COMMON COUNCILlREUNION DU CONSEIL COMMUNAL JULY 4, 2005 /Le 4 juillet 2005 5. the Mayor and Common Clerk are authorized to sign any document necessary to finalize this transaction. Question being taken, the motion was carried. 6.4 1=largissement et amelioration de la rue au 471, avenue Rothesay Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general: The City of Saint John acquiere I'interet an fief simple d'une parcelle de terrain d'une superficie d'environ 57 metres carres, portant le NID 307918, appartenant a Laurier Theriault Realty Ltd., pour la somme de 50 $ le metre carre, TVH an sus le cas echeant, comme I'indique de maniere generale le croquis presenter 2. la ville prepare les plans d'arpentage requis aux fins de transfert; 3. la ville acquitte les honoraires juridiques jusqu'a concurrence de 500 $ engages par Laurier Theriault Realty Ltd. afin de conclure ladite transaction, tous les frais de traitement applicables aux institutions financibres at tous les frais d'enregistrement necessaires afin de garantir les inter&ts de la ville; 4. la ville retablisse le terrain an question dans I'etat ou it etaif avant la construction, s'il y a lieu; 5. le maire at le greffier communal soient autorises a signer toute documentation exigee afin de conclure ladite transaction. A ['issue du vote, la proposition est adoptee. 6.5 (a) Proposed Re- zoning - 880 Latimore Lake Road On motion of Councillor Court Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Common Council re -zone a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential, Question being taken, the motion was carried. (b) Zoning By -law Amendment - 880 Latimore Lake Road - Third Reading On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number C.P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John" re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 433367, from "RS -1M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One Family Rural Residential classification be read. Question being taken, the motion was carried. The by -law entitled "By -law Number C.P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John" was read in its entirety. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 100 -594 A Law To Amend The Zoning By -law of The City of Saint John" re- zoning a parcel of land with an area of approximately 104 hectares, located at 880 Latimore Lake Road, also identified as being PID Number 433367, from "RS -1 M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RR" One 115 �ae 91 -621 COMMON COUNCIUREUNION DU CONSEIL COMMUNAL JULY 4, 2005/Le 4 juillet 2005 Family Rural Residential classification 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. 100 -694 A Law to Amend the Zoning By -law of The City of Saint John ". 6.5 a) Projet de rezonage reiatif au 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Titus RESOLU que, comme le recommande le directeur general, le oonseil communal procede au rezonage d'une parcelle de terrain d'une superficie d'environ 104 hectares, situee au 880, chemin Latimore Lake et portant le NID 433367, afin de faire passer la classification de zone residentielle de banlieue- habitations unifamiliales, bifamiliales et maisons mobiles c RS -1M » et de zone rurale « RF n a zone residentielle rurale — habitations unifamiliales cc RR ». A ('issue du vote, la proposition est adoptee. b) Troisieme lecture du projet de modification de l'arrete sur le zonage visant le 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Titus RESOLU que,l'arrete intitule «Arrete n° C.P. 100- 694 modifiant i'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situee au 880, chemin Latimore Lake et portant le NID 433367, d'une superficie d'environ 104 hectares, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles « RS -1 M u et de zone rurale << RF p a zone residentielle rurale — habitations unifamiliales a RR )>, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule a Arrete n° C.P. 100 -694, modifiant le zonage de The City of Saint John », est iu integralement. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule a Arrete n° C.P. 100- 694 modifiant 1'arrete sur le zonage de The City of Saint John n, reiativement au rezonage d'une parcelle de terrain situee au 880, chemin Latimore Lake et portant le NID 433367, d'une superficie d'environ 104 hectares, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles a RS -1M D et de zone rurale « RF D a zone residentielle rurale — habitations unifamiliales « RR n, fasse ('objet d'une troisieme lecture, que [edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de ('arrete intitule a Arrete n° C.P 100 -694 modifiant ('arrete sur le zonage do The City of Saint John A. 6.6 Renewal of Lease 223- Rodney Terminal Outfall On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that as recommended by the City Manager, The City of Saint John renew Lease 223 (Rodney Terminal Sewer Outfall) with the Saint John Port Authority for a further two year term commencing July 1, 2005 at an annual rent of $2,628. plus HST, if applicable; and that the Mayor and Common Cleric be authorized to sign the submitted letter of renewal. Question being taken, the motion was carried. 116 ------------ -------- ---- Saga..n / 1 m O � 3 �� r e_— 117 7 z 2 m U � �A® z § / ( ( 0 j ~ § \ £ m Q � m } g » G = = G _ } g a m / ± ; Q _( <G/ ° / ± \ - § _ & \ 2 m \ \) (k 2 .■�( ) } p& kF e k M z ( c �¥ « s z § / ( ( 0 j ~ § \ £ m Q ,.LO ► ,ter_ \ � ■��! m ;;: 2 m / ± ; Q ■ak ° / - § 2 \) (k 2 .■�( ) } p& kF e k M z ,.LO ► ,ter_ \ ± ; / kr Iv '—_ `. \' ,'� am r mt r - -�- mi coo ki '—_ `. \' ,'� � -.e � E . � ~ "_ -�� �, .1 ••! ` , 1� % Can See yiou !}8t �`t"' yt'. { r Approved by thfs land has lallo Wina nere... Common can see you already been Rezoned & A has not been SC C, 1-4 Rezoned & hem'.. AAproved by Approved by us Commod Common L ft has not been Covadl- Rezoned & Approved by Comm-M Council... I can see you not t alADwing here— ft has not b0► Rezoned Ladmom Esfates-t Approved by thfs land has can see you not aftwing here... Common can see you already been Rezoned & #the-- not been Rezorwd A Approved SC rM 004Ving 1-4 by COMMM CW=11.. hem'.. AAproved by RR i4- us Commod L ft has not been Rezoned & Approved by Comm-M Council... I Suburban Residential Zones B-2 RS-1 J RS-1M B-3 RS-2 C17 I F SC RS-2M 1-4 RR i4- us Low Density Residential Zones R-16 R-2 R _4 TH Multiple Residential Zones RM-1 Business Zones EM B-2 BR B-3 Business Zones EM B-2 BR B-3 SC SC-2 AE t, 120 Institutional Zones iL-2 Industrial Zones Other Zones RF RFV P SZ &F•�'jn 39 conditions apply BP 1-2 1-4 us PQ Other Zones RF RFV P SZ &F•�'jn 39 conditions apply PlanSJ states residential development will not be allowed in areas marked outside PlanSJ boundaries. We understand why you adopted PlanSJ to a cer-ain degree, but a Rural Residential Subdivision comes at virtually "NO OUT OF POCKET COST" to the city of Saint John. We the Developers, Builder or Home Owner does the following at our cost: -drill wells as we do not connect to ciLy water ($5K & up - no cost to City), - install septic tanks as we do not connect to city sewer ($8K & up - no cost to City) -we completely build the road to city standards $100, 200K, $300K & up (then we give this street to the city — (no cost to City), -we pay for the Dept. Health approval — (no cost to City), -we pay for Lawyers, Surveyors, Engineers and any other business required (upwards of $10K- $100K, 200K or MORE, depends on work required - no cost to the City), NOTE "'Picking tap refuse 26 times per year (for 29 houses) and plowing Estate Drive & Kimberly Street anywhere from 1 -3 days after a snow storm with a single pass up & down each way, should come nowhere near the approx. $100,000 you receive yearly in taxes from the existing residential development. We (Developers) spend "Hundreds of Thousands" of dollars on each Phase of a Subdivision. So what gives the City of Saint John, P &D or Common Council, the right to automatically REDESIGNATE & REZONE our property, our Subdivision as per PlanSJ without any "COMPENSATION" for the "HUNDREDS of THOUSANDS" of dollars that Doug & I have invested in Latimore Estates to date. Latimore Estates Subdivision is a business to Doug & 1. Did Plan SJ, the City of Saint John, P &D or Common Council think that Doug 8:.- would just crawl into a hole & hide and just let this injustice continue. We have been trying since March 2013 to continue with Latimore Estates, to no avail. We have run into road block after road block with P &D to continue with Latimore Estates. 121 I was informed it would cost me $3500 for a Rezoning & Amendment plan change as our property had already been redesignated (as per PlanSJ) and rezoning will take place at the end of the year (as per Plan SJ). P &D kept saying we needed to pay $1000 for amendment change to try to designate back to what it was previously & to pay $2500 to try to rezone our parcel of land to RR to continue with Latimroe Estates Subdivision, land that we already paid for and is rezoned RR today ? ? ? ? ? ? ?? I called P &D in August 2013, spoke to Jody Clifford. I also instructed Mr. Cliiford that he (P &D) should look over past Latimore Estates records from P &D, PAC and Common Council very carefully, as we have a "TEMPORARY DITCH" (1000'X 30' X 20') in the Phase #4 area of Latimore Estates, that has already been approved to become Banbury Drive when Phase #4 is completed. BUT, if Doug & I are not allowed to continue with Latimore Estates in its "entiret we will not continue to allow storm water to run southward from Kimberly Street on our property any longer. Doug & I will have no choice but to permanently block off this temporary ditch that allows storm water from Kimberly Street to run southward onto our property. This was never a permanent ditch, only a temporary ditch, and to eventually become an actual street (Banbury Drive) with ditches on either side. We submitted documents in previous Phases, that show how we will deal with the storm water issue for Phase #3 &4, and how our storm water plans work together for all future stages of Latimore Estates. For you to stop Latimore Estates in its tracks at Phase #3 (without any consideration to storm water), you are also jeopardizing the residents along Kimberly Street as there will be nowhere for storm water to now run Southward any longer. If we are not allowed to continue with Latimore Estates in its "entirety ", the storm water from Kimberly Street will now have to run Northward, towards Latimore Lake Rd. Now, the City of Saint John can deal with this the storm water from Kimberly Street here on out. 122 'yt 7 q is '41 'ib C sY Cf!„ In the Fall 2008, our Phase 3 didn't receive final approval due to storm water runoff. 125 f. V r !2M MM - :2 - - - - - - -- - - ;21 —r- rn rix zz 40w: �?Z E�z ZZ a a Slaftz. T 126 LO yo 6f f. V r !2M MM - :2 - - - - - - -- - - ;21 —r- rn rix zz 40w: �?Z E�z ZZ a a Slaftz. T 126 LO V r !2M MM - :2 - - - - - - -- - - ;21 —r- rn rix V r !2M MM - :2 - - - - - - -- - - ;21 —r- F2z;4 zz 40w: �?Z E�z ZZ a a Slaftz. T 126 We then found out that New Brunswick was in the process of adopting a Storm Water Management plan in Winter 2008/2009. We found out what Engineering firm did the Best Practices for Storm Water Management study /report for New Brunswick. We then hired that exact same Engineering firm, out of Fredericton to help us deal with the Storm Water issues for Phase 3, Phase 4 and the remainder of our Subdivision. We figured if New Brunswick is going to use the reports from this Engineering firm, they must be an engineering firm who understand & manages storm water in great detail. And they we not cheap, but with the scope of the storm water we had and were going to deal with for Eatimore Estates, we needed the BEST of the BEST. And they were the BEST. 127 BEST PRACTICES ASSESSMENT STORMWATER MANAGEMENT FINAL REPORT submitted to New Brunswick Environment Industry Association (NBEIA) PENEWO ME # CON - ULTINGI ENGWEt RS ANO WEWfi5 S by GEMTEC Limited 128 FILE. 4528.01 - R03 FEBRUARY 2008 GEM EC uxrr�o GROUND ENGINEERING & MATERIALS TECHNOLOGY 191 Doak Road Fredericton, N8 EK 2E6 February 18, 2008 New Brunswick Environment Industry Association P.O. Box 637, Station `A' 921 College Hill Road Fredericton, NB E38 583 Attention: Carol Tibbitts, Executive Director TEL_ (506) 453 -1025 FAX: (506) 453 -9470 File: 4526.01 - R03 (FINAL) RE: BEST PRACTICES ASSESSMENT - STORMWATER MANAGEMENT We are enclosing six hard copies and one digital copy in pdf format of our report on the Best Practices Assessment for Storm Water Management. Sincerely, Sayed Ismail, Ph.D., FCSCE, P. Eng. S Ilpb Enclosures 4526.01- R03(Final Report).doc IST # R101977536 Geotectlnical and Materials Engineering • Hydrogeology • Materials Testing and Inspection Environmental Engineering • Solid Waste Management • Transportation Engineering Cartified Teating Lab A283 Connate 129 czI/ Planning Advisory Committee meeting April 21, 2009.... 130 DATE: TO: FROM: FOR: APRIL 1.7, 2009 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF APRIL 21, 2009 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 880 Latimore Lake Road PID: 00433367 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertaken further phases in a developing rural residential subdivision. Type of Application: Subdivision and Variances that would: (a) Increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet); and (b) Reduce the minimum lot depth requirement of 40 metres (131 feet) to approximately 20 metres (66 feet). 131 Latimer Estates Subdivision (Phases 3 -A & 4) Page 2 880 Latimore Lake Road April 17, 2409 dLTRISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By -laws. The Committee can impose conditions. Finally, the Subdivision By -law authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, for Phases 3 -A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) That Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature; and (b) That at least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. That the Planning Advisory Committee only grant a variance from the requirements of the Subdivision By -law that would increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet) for the proposed extension of Estate Drive, and if necessary the recommended revised design of Banbury Drive, on the condition that no further phases of this subdivision development be sought for tentative approval until a revised overall subdivision design for the entire subject property is submitted to the Development Officer. 4. That the Planning Advisory Committee approve the new street name `Banbury Avenue." BACKGROUND: in July 2004 the Planning Advisory Committee favourably considered the initial phase of this subdivision development. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. 132 ZS' Latimer Estates Subdivision (Phases 3 -A & 4) Page 3 880 Latimore Lake Road April 17, 2009 In February 2005 the Committee favourably considered the second phase of this subdivision. That application involved 12 unserviced residential lots along a new public street (Estate Drive). The application also involved the rezoning of the overall 104 hectare (257 acre) property. A conceptual subdivision plan was also submitted (see attachments). In July 2005 the Committee approved the street name "Estate Drive" instead of the originally requested name "Cyr Street," which was not acceptable to staff. In November 2005 the Committee granted variances to allow for the creation of a 6 metre (20 foot) wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008 the PAC considered the third phase of this subdivision consisting of another new public street (Cyr East Street) with 12 unserviced residential lots (see attachments). The Committee recommended all the necessary assents and approvals for this phase of the development. In September 2008 the Committee approved the street name "Kimberly Street" instead of the originally requested name "Cyr East Street," which was not acceptable to staff. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this application: (a) There are no municipal sewer and water services available to this area of the community. (b) It is understood that the Developer is the landowner of the entire subject property where the proposed gravel temporary turnarounds would be constructed and maintained in order to allow for proper traffic turning and manoeuvrability. (c) Detailed engineering plans (storm drainage and street), along with a storm water design report, must be submitted by the Developer's engineering consultant for approval by the City (Municipal Operations and Engineering) with regards to these phases of the subdivision development. (d) Long, straight streets should be avoided as this promotes speeding. The design should also encompass proper street interconnections and drainage networks for the entire subdivision. (e) With regards to Phase 4, there is a variance request for proposed Lot 2009 -16. The proposed street design in this area is not recommended as there is concern with respect to the geometric design and provision of adequate site distances due to the curvature of the proposed street. It is recommended that this proposed portion of Banbury Drive be realigned in order to match the proposed extension of Estate Drive and avoid the intersection with an unnamed future street as illustrated. 133 �.r Latimer Estates Subdivision (Phases 3 -A & 4) Page 4 880 Latimore Lake Road April 17, 2009 (f) A revised- overall concept plan should be required prior to the consideration of any further phases of this subdivision in order to avoid unnecessary long straight streets, ensure proper street alignments, and promote effective storm sewer management. Buildings and Inspection Services has no concerns with regards to the creation of the proposed residential lots. However, any future excavation of the area must be carefully regulated in accordance with City by -laws. Saint John Fire Department has been advised of this application. Saint John Transit has been advised of this further subdivision development. Leisure Services has been advised of this matter. Geographic Information Systems (Planning and Development) has advised that "Banbury" is acceptable. However, standard naming conventions would encourage the suffix to be changed from "Drive" to either "Street" or "Avenue." Also, the proposed new street intersection Banbury Drive between Lots 2009 -16 & 2009 -31 will require a different name if approved. N.B. Department of Health has verbally indicated that no application has been submitted for the proposed new lots (Phase 4). The lots originally shown on Phase 3 (now Phase 3 -A) were deemed acceptable with modification. Based upon the soil conditions in the developing area, it is anticipated that these lots can be made suitable for the installation of private on -site septic disposal systems. Please note that tentative approval will be conditional upon written confirmation from Health that these proposed lots in Phase 4 are acceptable with regards to the installation of private on -site septic disposal systems. N.B. Department of Environment has been advised of the further phase of this rural residential subdivision. A Comprehensive Water Supply Assessment was submitted for their review concerning Phase 3 in early 2008. Favourably comments were received from Environment in November 2008. Environment has not indicated whether any further assessment will be necessary for this new phase (Phase 4) of the subdivision development. Tentative approval will be conditional upon written confirmation from Environment that the proposed lots in Phase 4 are acceptable with regards to the well water quality and quantit} °. School District 8 has been advised of this residential development. Saint John Energy has indicated that there are existing overhead facilities along Kimberly Street that can be extended in order to service the new phases of the subdivision. Any costs and servicing details can be discussed with the Developer at a later date. Aliant has indicated that an extension of overhead facilities will be required. This work will be coordinated with Saint John Energy and the Developer. Rogers has been advised of this development. 134 Latimer Estates Subdivision (Phases 3 -A & 4) Page 5 880 Latimore Lake Road April 17, 2009 Maritimes & Northeast Pipeline has no concerns with regards to this proposed development. ANALYSIS: As mentioned in the Background section of this report, the Planning Advisory Committee has been considering phases of a developing rural residential subdivision known as Latimer Estates Subdivision since July 2004. A further application has been received concerning Phases 3 -A & 4. Phase 3 -A is a revision to the previous Phase 3 which was approved by the City last year. Phase 4 would be a new phase of this developing subdivision (see attachments). Development Proposal — Phase 3 -A With respect to Phase 3 -A, Kimberly Street was fully constructed late last year, and Lots 2008 -18, 2008- 27 & 2008 -28 were recently approved by the Development Officer. However, the remaining portion of this street (now Lots 2008-19 to 2008 -26) cannot be approved until the storm drainage has been properly addressed. Staff had suggested that a detention pond could be constructed in the vicinity of Lot 2008 -19 to address this matter, but the Developer would rather avoid the necessity of such a pond and is proposing instead to direct storm drainage towards the southeast (proposed Banbury Drive). This will require excavation of the area that is mentioned later in this report. Provided Phase 3 -A is assented to by Common Council, which now shows a public street (Banbury Drive) between Lots 2008 -26 & 2008 -27 (please compare the attached tentative Phase 3 with 3 -A plans), the remaining lots along Kimberly Street can be approved once the storm drainage for the area has been developed, and the overhead utilities installed. Approvals from N.B. Departments of Health and Environment have already been received for this phase of the development, and the necessary cash - in -lieu Land for Public Purposes dedication has been delivered. Development Proposal —Phase 4 The further phase of the Latimer Estates Subdivision would consist of 21 new unserviced residential lots along public streets. Most of the proposed lots can satisfy the minimum lot dimension standards of the "RR" One Family Rural Residential zone. However, the following variances would be necessary: (a) A maximum continuous street length of 360 metres (1,200 feet) is imposed on new streets. From the intersection of Kimberly Street, Estate Drive would be extended approximately 445 metres (1,460 feet), a difference of 85 metres (260 feet) more than normally allowed; and (b) Technically, proposed Lot 2009 -16 only has a depth of 20 metres (66 feet). A minimum depth of 40 metres (131 feet) is required. Consideration of Variances and Recommended Condition As mentioned, the Subdivision By -law limits the length of a street to a maximum of 360 metres (1,200 feet) in new subdivisions. The Committee has granted variances in rural residential subdivisions to allow this standard to be slightly increased given the greater size of unserviced lots as compared to serviced subdivisions which this standard is primarily based upon. 135 Latimer Estates Subdivision (Pbases 3 -A & 4) Page 6 880 Latimore Lake Road April 17, 2009 As mentioned in both the previous August 26, 2008 report, and the original February 8, 2005 report that dealt with the rezoning of the entire subject property, staff has expressed a number of times the concern with regards to the proposed long straight public streets envisioned for this development. While staff has no concern allowing Estate Drive to be extended approximately 445 metres (1,460 feet) from the Kimberly Street intersection, a condition is recommended that no further phases of this subdivision be submitted for tentative approval until a revised overall design for the property be submitted to the Development Officer. In preparing this overall design, discussions between planning and engineering staff and the Developer (and their consultants) should take place to ensure this overall design ,;A ill be acceptable to City staff. Given the large area of the subject property available for development, staff cannot support the depth variance for proposed Lot 2009 -16. Furthermore, it is recommended that a portion of Banbury Drive where this lot is situated be revised, which would substantially alter the dimensions of this lot in any event. This street design revision is discussed in the next section of this report. Required Subdivision Work and Facilities The Subdivision By -law requires the construction of the proposed public streets to Country Road Standards. These standards include a 7.5 metre (25 foot) wide asphalt driving surface with 1.8 metre (6 foot) wide gravel shoulders and 0.6 metre (2 foot) deep ditching. Overhead public utilities will also be required. Streets in rural residential subdivisions do not have curbing or sidewalks. The recommendation includes authorization of necessary City/Developer Subdivision Agreements should the Developer wish to obtain final subdivision approval before completing all the necessary street work for this next phase (Phase 4) of the subdivision development. As mentioned in previous reports, the execution of an Agreement allows for a developer to construct the road up to a granular "B" material without requiring an asphalt surface until two (2) years from the date that the Agreement is executed. However, sufficient security for the remaining work and liability insurance must accompany this Agreement. In the former phases the Developer has completed all the necessary street work before seeking final subdivision approval. Should they wish to proceed again on this basis engineering plans (storm drainage and street) will need to be approved by Municipal Operations and Engineering prior to undertaking any new street construction. Also, the Development Officer cannot endorse the final subdivision plan for Phase 4 until written confirmation is received from N.B. Departments of Public Health and Environment indicating that these proposed lots are suitable for private facilities (drilled wells and on -site septic disposal systems). In the case of the Environment, a further assessment report may be needed in order to ascertain their written comments. At the time of preparing this report staff was unable to determine if this would be the case. These matters will be clearly communicated to the Developer in writing should the subdivision receive tentative approval. Recommended Revision to Banbury Drive Municipal Operations and Engineering has expressed concern with regards to the alignment of Banbury Drive and the intersection with another proposed street (not named) in the vicinity of Lots 2009 -16 & 136 Latimer Estates Subdivision (Phases 3 -A & 4) Page 7 880 Latimore Lake Road April 17, 2009 2009 -31 (see Municipal Operations and Engineering comments). In short, Engineering does not recommend the curvature of this street and the proposed intersection. Therefore, it is being recommended that this portion of the tentative plan be revised accordingly. All the necessary assents and approvals have been included in the recommendation with regards to this subdivision development. Land for Public Purposes The Municipal Development Plan encourages the acquisition of land with respect to satisfying the Land for Public Purposes requirement for a rural residential subdivision. The Subdivision By -law requires ;, L.P.P. dedication equal to ten (10) percent of the area of land being subdivided (exclusive of public street rights -of -way). A land dedication of 1.13 hectares (2.79 acres) is required for Phase 4. As mentioned in previous staff reports, and consistent with the Municipal Plan policies, the overall development of this large property should contain a central L.P.P. dedication(s) acceptable to the City. This matter has also been discussed a number of times with the Developer and their surveyor. The submitted tentative plan for Phase 4 does not illustrate any L.F.P. dedication. It is presumed that cash -in -lieu dedication is being requested instead. While a cash dedication has been acceptable for the initial phases of this subdivision, given the increasing size of the subdivision, and the more central location of the latest phase, only a land dedication can be now supported. Therefore, it is recommended that the Phase 4 tentative plan also be amended in order to provide the required 1.13 hectare (2.79 acre) L.P.P. dedication. This dedication must also have at least a 20 metre (66 foot) wide public street frontage. It should be noted that staff would not be opposed to later exchanging such land dedication for other parcels that could eventually see the development of linear walking trails through the property, the protection of important ecological areas, or dedications that were even more central to the overall subdivision development. Street Naming The naming of the proposed new street requires the approval of the Planning Advisory Committee. The requested street name "Banbury" is acceptable. However, it has been suggested that the suffix be changed from "Drive" to either "Street" or "Avenue." Therefore, it is being recommended that the suffix be changed to "Avenue" (though staff has no objection to "Street" if requested by the applicant). Future Excavation Application Should these phases receive tentative approval, a further application with respect to the anticipated excavation of land within the Phase 4 area will be submitted to the Planning Advisory Committee. This application will contain specifics with regards to the regrading of the site in order to properly develop a storm sewer management program for the subdivision (especially Phases 3 -A & 4). This application will be made under the provisions of 810(11) of the Zoning By -law. Any present concerns with existing slopes and surface drainage will be resolved with the anticipated excavation. Upon the completion of 137 Latimer Estates subdivision (Phases 3 -A R 4) Page 8 880 Latimore Lake Road April 17, 2009 the regrading investigations with respect to on -site private services for the proposed lots of Phase 4 would then be undertaken. CONCLUSION: The applicant is proposing to revised a previously approved phase and undertake a further new phase in a rural residential subdivision. After careful consideration, it is recommended that certain amendments be made with respect to the new subdivision phase as discussed in the report. An important change to the Phase 4 plan vw ill be the inclusion of Land for Public Purposes. It is also recommended that only one of the requested variances be granted relating to street length, while the other variance concerning lot depth cannot be supported in this case (and will not be necessary if the recommended street design revisions are adopted as discussed in this report). With the mentioned revisions, all the necessary assents and approvals are recommended for the requested phases of this rural residential subdivision - MRO Project Nos. 08 -374 do 09 -082 138 Common Council meeting April 27 /May 4, 2005... 139 94-438 COMMON COUNCIUCONSEIL COMMUNAL APRIL 27 & MAY 4, 2009ILES 27 AVRIL ET 4 MAI 2009 3. que le conseil communal autorse la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execubon des travaux requis et la mise en place des installations necessaires, notamment en ce qui concern I'elaboration de plans de situation et de drainage detailles soumis a ['approbation de l'ingenieur municipal en chef. A ('issue du vote, la proposition est adoptee. 13.3 Latimer Estates Subdivision (Phases 3 -A & 4) 880 Latimore Lake Road On motion of Councillor Court Seconded by Councillor Mott RESOLVED that as recommended by the Planning Advisory Committee: 1. Common Council Assent to one or more subdivision plans, in one or more phases, for Phases 3 -A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature; and (b) At least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan; and further 2. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. Question being taken, the motion was carried. 13.3 Projet de lotissement Latimer Estates (phases 3 -A et 4) visant le 880, chemin Latimore Lake Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que, comme le recommande le comite consuitatif d'urbanisme : 1. le conseil communal approuve le ou les plans de lotissement, en une ou plusieurs phases, dans le cadre des phases 3-A et 4 du projet de lotissement Latimer Lake Estates, y eompris toute servitude de services d'entreprise de service public exigee, toutefois, relativement a la phase 4, que plan de lotissement soit modifie pour indiquer ce qui suit : a) que la promenade Bandury soit concue de maniere semblable au prolongement propose de la promenade Estate afin de creer une rue parallele sans courbe; b) qu'un terrain d'utilite publique d'au mains 1,13 hectare (2,79 acres) avec une fimite frontale minimale de 20 metres (66 pieds) soit indique dans le plan revise; 2. le conseil communal autorise la redaction et [a signature de contrats de lotissement entre Ia Ville et le promoteur afin de permettre 1'execution des travaux requis et is mise en place des installations necessaires, y compels I'elaboration de plans de situation et de drainage detailles soumis & ]'approbation de l'ingenieur municipal en chef relativement a I'amenagement dudit lotissement. A ['issue du vote, [a proposition est adoptee. 13.4 Water Committee Update On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report entitled Water Committee Update be received for information. Question being taken, the motion was carried. 140 Planning Advisory Committee meeting May 20, 2009.... 141 DATE: TO: FROM: FOR: MAY 1 S, 2009 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF MAY 20, 2009 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 880 Latimore Lake Road pID: 00433367 (portion thereof) Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertake an excavation of land in order to prepare a portion of the subject property for subdivision development. Type of Application: Conditional Use AXISDICTION OF COMNUTTEE: The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the excavation of land greater than one metre for the purposes of preparing a site for development permitted in the "RR" One Family Rural Residential zone. 142 t Latimer Estates Subdivision (Excavation) Page 3 880 Latimore Lake Road May 15, 2009 allow for the creation of a 6 metre (20 foot) wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008 the Planning Advisory Committee considered the third phase of this subdivision consisting of another new public street (Cyr East Street) with 12 unserviced residential lots. The Committee recommended all the necessary assents and approvals for this phase of the development. In September 2008 the Committee approved the street name "Kimberly Street" instead of the originally requested name "Cyr East Street," which was not acceptable to staff. In April 2009 the PAC favourably considered an amendment to the third phase of the subdivision development, and recommended a fourth phase (see attachments) with certain changes to the subdivision plan. These changes involve the removal of a curvature on proposed Banbury Drive, and the inclusion of the necessary Land for Public Purposes dedication. A cash -in -lieu dedication was not acceptable. The Committee also granted a variance to allow an extension to Estate Drive extension, and approved the new street name "Banbury Avenue." INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning the proposed site development excavation: (a) Due to the scale of the proposed excavation, which will involve heavy construction equipment and significant truck traffic, there is concern with regards to the impact this will have on newly constructed City streets. The developer should be required to construct and use a temporary access road within the development for the transportation of excavated materials from the site and avoid any construction traffic on public streets, which are currently in very good condition. This private access road could be situated perpendicular to Latimore Lake Road and adjacent to civic 1000 Latimore Lake Road. As well, this proposed access road location is along a portion of Latimore Lake Road that provides good site distances. (b) It is understood that in addition to a small portion of Kimberly Drive that has been vested to the City, the remaining much longer portion is anticipated to be vested in the near future. Kimberly Drive was constructed by the developer last year, and the allowance of the number of trucks for the duration proposed is not recommended. (c) As previously requested, detailed engineering plans (drainage and street), and a storm water design report, must be submitted by the developer's consultant for review and approval. Buildings and Inspection Services has provided the following comments regarding this application: (i) Based upon the information provided, and the topographical information available to the city, it appears that the excavation may be optional and not necessary for the continuation of the residential subdivision. Further information will be required in order to fully analyze the proposal. 143 Latimer Estates Subdivision (Excavation) Page 2 880 Latimore Lake Road May 15, 2009 STAFF RECOMMENDATION TO COMN TTEE: That the Planning Advisory Committee permit the excavation of land for the purposes of preparing the necessary portion of the subject property for the tentatively approved Latimer Estates Subdivision Phase 4 development at 880 Latimore Lake Road with the following additional terms and conditions: (a) That the excavation occurs within the area illustrated on the "Excavation Limits" site plan prepared by GEMTEC Limited; (b) That the excavation occurs in accordance with detailed grading and drainage plans acceptable to the Chief City Engineer (or his designate); (c) That the excavation does not involve any blasting; (d) That no vehicle or equipment involved with the excavation access any public street within the developing Latimer Estates Subdivision, and that barriers acceptable to the Chief City Engineer (or his designate) be placed by the applicant to prevent such access; (e) That a private access be constructed by the applicant in order to provide access and egress for the excavation in the following manner: (i) The access be constructed from the excavation area to Latimore Lake Road between PID Nos. 55172019 & 55172027 in accordance with a site plan acceptable to the Development Officer; (ii) That the access not be located within 15 metres (49 feet) of any property boundary; (iii) That the access be maintained in a reasonably dust free condition by paving, watering or use of calcium chloride; and (f) That the excavation and fill activity only occur between the hours of 8:00 a.m. until no later than 6:00 p.m. from Monday- to Friday, and that no excavation or fill activity occur on any Saturday, Sunday, or holiday as defined by the Provincial Interpretation Act. BACKGROUND: In July 2004 the Planning Advisory Committee favourably considered the initial phase of this subdivision development. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. In February 2005 the Committee favourably considered the second phase of this subdivision. That application involved 12 unserviced residential lots along anew public street (Estate Drive). The application also involved the rezoning of the overall 104 hectare (257 acre) property. In July 2005 the PAC approved the street name "Estate Drive" instead of the originally requested name "Cyr Street," which was not acceptable to staff. In November 2005 the Committee granted variances to 144 Latimer Estates Subdivision (Excavation) Page 4 880 Latimore Lake Road May 15, 2009 (ii) The residents in the Latimore Lake Road area have in the past expressed serious concerns about the number of commercial gravel pits and resulting truck traffic in this community. Removal of over 900,000 tonnes of material from the site, with 100 loads daily during the week travelling to the Latimore Lake Road, will have a serious impact on the growing number of residents within this subdivision. N.P. Department of Health has been advised of this excavation application. N.B. Department of Environment has been advised of this matter. ANALYSIS: As mentioned in the Background section of this report, the Planning Advisory Committee has been considering a number of phases for a developing rural residential subdivision known as Latimer Estates Subdivision since 2004. Last month the Committee favourably considered an amendment to the third phase, and recommended approval of the fourth phase of this subdivision (see attachments). It was stated in the previous report that a further application with respect to the excavation of land within the Phase 4 area would be submitted to the Planning Advisory Committee. The purpose of this report is to explain this excavation and recommend terms and conditions. Proposed Excavation The developer is requesting to excavate that portion of the subject property as illustrated on the submitted "Excavation Limits" site plan prepared by GEMTEC Limited (see attachments). For comparison, the existing topography of the area is illustrated on a tentative subdivision plan previously submitted by DeSaulniers Surveys Inc. (see "Latimer Estates Subdivision Phase 3 "). The engineering consultant has provided the following information concerning this excavation proposal (these and additional comments can be found in small print on the attached "Excavation Limits" plan): f Excavation area would be 108,400 square metres (1,166,846 square feet); Total excavation volume would be 567,800 cubic metres (1,135,600 tonnes); Excavation volume to be removed from site would be 461,800 cubic metres (923,600 tonnes); Time period of excavation would be 2 years; The work week would be from Monday to Friday between 7:00 a.m. to 6:00 p.m., and Saturday between 7:00 a.m. to 1:00 p.m.; • Trucks would travel from the excavation site through Estate Drive and a portion of Kimberly Drive to Latimore Lake Road; and Anticipated trucks per weekday would be approximately 100 loads. 145 Latimer Estates Subdivision (Excavation) Page 5 880 Latimore Lake Road May 15, 2009 Regulation of Excavation As part of the implementation of the Pits & Quarries Strategy adopted by Common Council in 2001, the Zoning By -law was amended to include a new "PQ" Pits and Quarries zone with appropriate standards. In addition to this new zone for long -term pits and quarry operations, certain other zones were also amended to include the excavation of land greater than 1 metre (3.3 feet) for the purposes of preparing a site for development. The "RR" One Family Rural Residential zone was included as one of these zones. Section 810 (11)(b) of the Zoning By -law regulates these conditional uses. This section provides the following standard terms and conditions that must be satisfied (and cannot be varied by the Committee): (i) The excavation of land is approved subject to terms and conditions that the Committee deems are appropriate to mitigate negative impacts on the site and adjacent lands; (ii) The terms and conditions imposed shall be for a period of no more than 2 years for residentially zoned land, and a period of no more than 5 years for commercial and industrially zoned land; (iii) A tentative subdivision plan is approved for residentially zoned land; (iv) Applications to undertake excavation must be accompanied by detailed plans of the proposed development; (v) The excavation is limited to the extent necessary for the proposed future development. The Committee may deny excavations that are not necessary to permit the proposed future development: and (vi) An excavation permit with security is required. It should be noted that excavation may occur in any zone provided that it is undertaken in connection with the following: The construction, repair, or alteration of streets in an approved subdivision or under contract awarded by the City; or • Work performed by a public utility; or • The construction of a basement or cellar, footing of a building or structure, swimming pool or other installation authorized by building permit under the Saint John Building Bylaw. Mandatory Requirements One of the mentioned stipulations contained in Section 810(11)(b) is that the excavation is limited to the extent necessary for the proposed future development. The Committee may deny excavations that are not necessary to permit the proposed future development. While the comment from Buildings and Inspection Services that the proposed excavation appears optional, meaning that the proposed excavation is not necessary to develop suitable building lots is 146 Latimer Estates subdivision (Excavation) Page 6 880 Latimore Lake Road May 15, 2009 appears valid, the consulting engineer has indicated, "The excavation is necessary in order to meet the City's storm water management plan, and to keep from losing several lots by building a storm water pond. In order to get the storm water to work a ditch must be installed to drain to the south." Municipal Operations and Engineering concurs with this position. Another mandatory condition that must be met is that the excavation cannot exceed a maximum period of two years. The consultant has indicated, "As far as future subdivision phases and excavations, Phase 4 will be the biggest excavation by far. Any other phase will have some minor excavations for grading purposes, but the material will most likely be able to stay on site. After Phase 4, the remaining area south of Phase 4 will follow the natural grades of the land. The east side of Phase 4 may require a minor amount of excavation, but only a few metres at most just so the grades of the building lots will match into the proposed and future roads." Recommended Additional Terms and Conditions Provided the Planning Advisory Committee agrees that the proposed excavation is necessary for the further development of the property, the recommendation includes additional terms and conditions that would help mitigate the negative impacts on the site and adjacent lands anticipated by this proposed excavation. The most significant recommended condition is that no public street within the subdivision be used in conjunction with the proposed excavation; otherwise, the proposal would result in a truck travelling through the Estate Drive neighbourhood every 3.3 minutes during the week. Given the significant impact that truck traffic would cause to the adjoining residential neighbourhood, a private access constructed and maintained away from this neighbourhood should be required by the applicant in the manner described in the recommendation. This concern was discussed at a meeting with the applicant (Kimberly Wilson) on February 17, 2009, and at that time the developer expressed a willingness to develop a separate private access for the excavation. It is also recommended that the hours of operation for the excavation be less than those requested by the applicant. Specifically, that no excavation occur on weekends or holidays, and that the activity not commence during the week until 8:00 a.m. in the morning, and cease no later than 6:00 p.m. in the evening. While it is recognized that the excavation area is some distance from most of the approved lots, and that the recommendation would prohibit trucks and equipment from travelling through this residential neighbourhood, reduced hours of operation are still considered necessary in order to ensure residents are not unduly affected by the noise associated with heavy construction equipment and the loading of trucks. The recommendation includes additional terms and conditions that are intended to mitigate the impacts of the proposed excavation on the developing residential neighbourhood. MRO Project No. 09 -082 147 f CD lz r's 6:E o v R' s < =ME: mid u_ - - - - -- 4 1 tM; 10 (9 2=1 yo - V-A eA� 0 ro O 148 ;H_. a 5 ig Rio 0 oT M m y N M M yo - V-A eA� 0 ro O T t+'" -O,�,4 148 ;H_. a 5 T t+'" -O,�,4 0 Z 2 2 S .44 -4 le 22 V Al o b X.S A' V 4p 221. -`7 3, '4 xr g ol .4, 9 AYR p, 0 Z /16 -D ;D )5 vl—..-k,�h -Z 149 R EK F C,�' X 1214 Fairviiie Boulevard Saint John, NB E2M 5T7 April 13, 2009 VIA EIRAIL: dcyrOl75(rogers.com Mr. Doug Cyr RE: LATIMER ESTATES SUBDIVISION PHASE 4 TEL: (506) 657 -0200 FAX: (506) 657 -0201 EMAIL: gemtecsj @gemtec.ca File: 9034.01 As requested we have designed the grades for the proposed Banbury Drive and the extension of Estate Drive as part of the phase 4 of the above noted project. In order to meet the requirements of the City of Saint John's storm water requirements, a major adjustment of existing contours of the area within phase 4 is required. Below is a table of the estimated excavation quantities associated with the development of phase 4. -iST # R101977536 Geotechnical and Materials Engineering - Hydrogeology - Materials Testing and Inspection Environmental Engineering • Solid Waste Management - Transportation Engineering Certified TesUng Lab s ° A283 Conpote 150 Excavation Volume (m) Tonnes Fill Volume (ma }. Tonnes _ Banbury Drive (including ditches) 34,500 69,000 - - Lot 2009 -16 5,000 10,000 10,000 20,000 Lot 2009 -17 5,000 10,000 - - Lot 2009 -18 26,500 53,000 - - Lot 2009 -19 21,600 43,200 - - Lot 2009 -20 10,000 20,000 - - Lot 2009 -21 6,000 12,000 - - Lot 2009 -25 20,000 40,000 - - Lot 2009 -28 5,000 10,000 10,000 20,000 Lot 2009 -31 0 0 10,000 20,000 total 133,600 267,200 30,000 60,000 -iST # R101977536 Geotechnical and Materials Engineering - Hydrogeology - Materials Testing and Inspection Environmental Engineering • Solid Waste Management - Transportation Engineering Certified TesUng Lab s ° A283 Conpote 150 PAI Based on the above quantities, it is recommended to construct Banbury Drive this corning construction season, complete with the adjacent building lots. Estate Drive based on the volumes of material that must be moved should be completed over several construction seasons, as this material could be used for general grading for the building lots outside of phase 3A and 4, as well as the construction of future roads within the Latimer Estates Subdivision. It is our opinion that constructing Estate Drive and building lots to grade this season, is not economical, as there is a large amount of material to be moved which would require a large area to stockpile this material. A more practical approach would be to rough grade Estate Drive for use as a haul road during the excavation and construction of Banbury Drive and then next year complete the excavation of Estate Drive and the adjacent lots. In addition as mentioned before, future phases of Latimer Estates will require fill material, and there will not be a lot of excavated material generated in future phases. With the construction of either Banbury Drive or Banbury Drive and Estate Drive, the storm water management plan will apply, as each street's storm water plan is independent of the other. If you have any questions contact the undersigned. M O% ' f SRP 9034.01l2009srp041211.doc 151 Excavation Volume (M) Tonnes Fill Volume (m) Tonnes Estate Drive (including ditches) 53,100 106,200 10,000 20,000 Lot 2009 -1 14,600 29,200 - - Lot 2009 -2 19,800 39,600 - - Lot 2009 -3 43,500 87,000 - - Lot 2009 -4 57,400 114,600 - - Lot 2009 -5 62,700 125,400 - - Lot 2009 -6 26,400 52,800 27,000 54,000 Lot 2009 -8 8,000 16,000 20,000 40,000 Lot 2009 -9 25,000 50,000 - - Lot 2009 -10 35,100 70,200 - - Lot 2009 -11 76,500 153,000 - - Lot 2009 -12 10,100 20,200 10,000 20,000 Lot 2009 -13 2,000 4,000 9,000 18,000 total 434.200 868,400 76.000 152.000 Based on the above quantities, it is recommended to construct Banbury Drive this corning construction season, complete with the adjacent building lots. Estate Drive based on the volumes of material that must be moved should be completed over several construction seasons, as this material could be used for general grading for the building lots outside of phase 3A and 4, as well as the construction of future roads within the Latimer Estates Subdivision. It is our opinion that constructing Estate Drive and building lots to grade this season, is not economical, as there is a large amount of material to be moved which would require a large area to stockpile this material. A more practical approach would be to rough grade Estate Drive for use as a haul road during the excavation and construction of Banbury Drive and then next year complete the excavation of Estate Drive and the adjacent lots. In addition as mentioned before, future phases of Latimer Estates will require fill material, and there will not be a lot of excavated material generated in future phases. With the construction of either Banbury Drive or Banbury Drive and Estate Drive, the storm water management plan will apply, as each street's storm water plan is independent of the other. If you have any questions contact the undersigned. M O% ' f SRP 9034.01l2009srp041211.doc 151 r W o L Q � U o w U) � Go C Jo Nlllo W J C/) >o� LL ,... ¢0CL�IL LL 0-0 F— co t - --� 0 4 U) C) W M W ¢ ¢ U) W W ❑ W U) �► aaaadm It CK OQ ��j z _5>o Lla Q H> 0. T- A • 4 i \, F, o — W ❑ , J W U) 0 ���mQ r 152 J o L Q � U o w U) � Go C Jo Nlllo W J C/) >o� LL ,... ¢0CL�IL LL 0-0 J aapzpz 0 4 " ❑ 152 J o L Q � U o w U) 152 W W E �N 0 8z y: Q C3 °D 0 N � Nlllo W J LL N LL ¢0CL�IL LL 0-0 J aapzpz = 4 " ❑ ¢ ¢ ¢¢zaz aaaadm It z ��j z _5>o Lla Q H> 0. T- A U z (7 — ❑ ❑ ❑ Q J W U) zLLJ ���mQ xa¢�z��'� cn Q m w WEr =maw�} z ❑aa.uto c� z_ e^ CV c'; 4 L6 C6 W W E �N 0 8z y: i ILL I �` 5� Q _. EL 153 �.._ . e�M `... 1 t' lS �� Iii � I 1 t- ,i hi I I � � � I ' I "-'� iNY{IA9Hi `` ----- .......... 154 �Q� g �e �3 4 a n s till .1:i � f �.._ . e�M `... 1 t' lS �� Iii � I 1 t- ,i hi I I � � � I ' I "-'� iNY{IA9Hi `` ----- .......... 154 �Q� g �e �3 4 a n s It JI I Ll - #�tt iE�I� ' Rx {dRx{ A51Al� %5� e`�g ga a9ZZ p $ q k {If 1 Fi Sidi !3 i 13 3 ; 611 fj { FF ij j y r ? �_i f•.: 1 ?� ?1.;! e d'- li�i�li : {d, ?p_l;l ?t i I i ' I r �j ' a i 53,r j O� 155 WmCIOtl M71 3Ain.1®EI, . r = i Ili II 'il I R I i s a i 53,r j O� 155 WmCIOtl M71 3Ain.1®EI, . r = i Ili II 'il I R I I i i I I{ f { I I II I ill �I I i 3 3 I viii � E t 0. 8 E ! | f | � || i 41111 1., | V , \) �§!! , .r || §� | 2 |`! | ! E| �■ , • #!d . | |/n §�| § | |., '| ■ ;_ � �� B /■ m� |• ! � #.�ll�| |� ��9 §q || , § 2 i §Al�.1§ ■'. �� ;� i��s� ' \� R, 156 | § ■ _ |§ � � r j,ht ''r�i� }EE 9�iiaslali� s��t °]�lE �liei�si ,E.. ji�f�f. #.1.t a � : } ::11_ - It.3.HN wa w r. li LL f i I I !' wd wa w r. 157 6 3 9 0. D } W � | « §� �2 � |,| |�i�� ■o /\ /! §& § 158 §| |� ! §§ � � § § ■| a | �§ | h! � i!! | | ■ r � || »$ r ,7� \ | /\ b ! oil |� ® ) § . |@ 0 . j��� } f ! a | �§ | h! � i!! | | ■ r 159 C -1 We were not allowed to use Estate Drive or Kimberly Street (2 streets that Doug & I built ourselves, paid for ourselves and then GAVE to the City of Saint John) for any trucking during the excavation process required from Phase #4. This recommendation from P &D during PAC meeting, delayed any actual work on Phase #4 until 2012. It took Doug & I over 16 months to put in 1 % mile of additional road so that we could start the excavation process in Phase #4 as per the submitted plans to P &D. Since we received permits for 2 years (2010 & 2012), we wanted to continue with Phase #4 in March 2013, where I was informed by P &D that our Subdivision Latimore Estates "BAD ALREADY BEEN" redesignated for land use (no longer a Subdivision) & our property will be rezoned at years end as per PlanS1 to Rural Resource. FYI....At the PAC meeting, Mark O'Hearn (P &D) recommended we not use either Kimberly Street or Estates Drive for truck use during any excavation in Phase 4. 1 refused & disputed this recommendation for the following reasons: -We wanted to build Banbury Drive as the very 1St thing once Phase 4 was approved. We would have started in May 2009 and finished that same year. This would have alleviated the storm water issue as the storm water from Kimberly Street would have ditches to run down. This also meant we wouldn't have had to build an additional 1 %z mile access road. I had PAC ask me, if the only way you get this approved tonight is to put in the 1 Y2 mile of additional access road, would you do it, I said "NO" (I knew what this would entail and stated this to PAC). When asked the 2nd time, I still said "NO ", and stated my reasons again, when asked the 3rd time, that is when my husband stood up and said "We will, if we have no choice. i immediately knew what issues this would cause putting in an additional 1 % mile of access road. It means putting in a "TEMPORARY DITCH" as the 1St thing (10001 x 30'W x 20'D), so we could get Phase 3 approved, then start on the 1 Y2 mile additional access road that was thrust upon us also. By putting in Banbury Drive, 15t, this would have dealt with the storm water from Kimberly Street, Phase 3 would have been approved and we would not have had to build 1 X mile addition road access. 160 Mark O'Hearn also told me over the phone in Mar 2013, that I had needed to resubmit in 2010 to keep going with Latimore Estates. I still to this day do not understand this or know what he was talking about. Why would I go back to Common Council in 2010 (is this in writing somewhere ? ? ?) to continue with Latimore Estates when I was following what was approved by Common Council & PAC from PAC & Common Council meeting in 2009. In 2010, i was still putting in a VERY LARGE TEMPORARY DITCH, finished it in Fall 2010. Then we started on building the 1 %a mile additional access road, this was completed end 2011. We worked on Phase 4 in 2012 only. 161 i !SY ypP se Y lip dr ,# ,mss 7 _ J ell t yr°r: . rX SF� R g 4r } 162 / 5 On January 23, 2012, we applied for and received an Excavation Permit from Building & Inspections for the 2012 year (Jan 23, 2012 — Dec 31, 2012). Why would Buildings & Inspections, who is on the same floor as P &D (when both depts. work hand & hand when it comes to permits, etc...), issue an excavation permit for Latimore Estates for the 2012 year, they must have read this was allowed before they issues it on Jan 23, 2013. Please see copy of Excavation Permit (dated Jan23, 2012) with attached letter /comments from P &D (dated May22, 2009)... 163 CITY OF SAINT JOHN BUILDING & TECHMCAL SERVICES EXCAVATION PERMIT Application Number 12 0',00002;8 Property Address 1006 LATIMORE LAKE RIB PID -PAN: 00433367 - 06149,925 GIS Map Link: CN1$687 Application,type description EXCAVATION NEW Property Zoning . . . . - . . 1 FAMILY RURAL RES Owner CYR, DOUGLAS`JOSEPH 1010 LATIMORE LAKE RD SAINT JOHN NB E2N lYl Contractor. MI city of Saint John Date 1/23/12 THOMAS, CONSTRUCTION LIMITED 190 GOLDEN GROVE "ROAD SAINT JOHN NB,.E2H 1X4 696 =519'7 __ __ ________ ____ Structure Information 000 000 Occupancy Type .<. . . . INDUSTRIAL HIGH Permit . . . . . . EXCAVATION Additional desc . 0 Issue Date . . . . 1/23/12 Valuation __-- Expiration_ Date___----- 12/ 31/ 12--------------- �-------------------- - - - - -- Special Notes and Comments This permit allows the excavation of land -on this property in accordance with the attached Planning Advisory Committee conditions. PERMIT EXPIRES DECEMBER 31, 2012. APPROVED BY BUELDING 164 DATE PAGE OF. I E The cty of sabit)ohn May 22, 2009 Mr. Doug Cyr and Ms. Kim Wilson TO. BE FAXED ONLY: (506) 631 -2132 Dear Mr. Cyr and Ms. Wilson: Re: Proposed Site Development Excavation Latimer Estates Subdivision 880 Latimore Lake Road The Planning Advisory Committee, at its May 20, 2009 meeting, considered the above conditional use application, and imposed the following terms and conditions (as amended from the staff recommendation): (a) That the excavation occurs within the area illustrated on the "Excavation Limits" site plan prepared by GEMTEC Limited; (b) That the excavation occurs in accordance with detailed grading and drainage plans acceptable :o the Chief City Engineer (or his designate); (c) That the excavation does not involve any blasting; (d) That no vehicle or equipment leaving the area involved with the excavation access any public street within the developing Latimer Estates Subdivision, and that barriers acceptable to the Chief City Engineer (or his designate) be placed by the applicant to prevent such access; (e) That a private access be constructed by the. applicant in order to provide access and egress for the excavation in the following manner: (i) The access be constructed from the excavation area to Latimore Lake Road betweei► PlD Nos. 5517201.9 & 55172027 in accordance with a site plan acceptable to the Development Officer; SAINT JOHN P.O. Box 1971 Saint John, NB Cana82L 40 l Www- %h§ohn.ra I C.P. 1971 Saint John, NAL Canada £2L 4LI 1. (ii) That the access not be located within 15 metres (49 feet) of any property boundary; (iii) Thzt the access be maintained in a reasonably dust free condition-by paving, watering or use of calcium chloride; and (f) That the excavation and fill activity only-occur between the hours of 7:00 a.m, until no later than 6:00 p.m. from Monday to Friday, and'that no excavation or fill activity occur on any Saturday, Sunday; or. holiday €s defined by the Provincial Interpretation Act. As mentioned in the staff report, as well as discussed at the Planning Advisory Committee meeting, these imposed conditions are additional to those already required by Section 810(11)(6) of the Zoning By-law,. The staff report and this by-law'-section have been attached for your convenience. One of these conditions is that an excavation permit with security must be obtained from the Buildings and Inspection Services Department before you commence the proposed excavation. I believe that a permit fee of $1,100-00 will be.required. With regards-to the necessary security;,this matter was discussed. yesterday with Dave Crawford (Buildings and Inspection Services), who indicated that your engineering consultant will need to provide necessary information in order to determine an appropriate security amount. Mr. Crawford can be reached at (506) 658 -2911. Further, it is my understanding that the operator can apply for the excavation permit. It would be anticipated that most excavation companies would possess security. Prior to seeking the excavation permit, however, the necessary detailed grading and drainage plans prepared by `GEMTEC Limited must approved by Municipal Operations and Engineering (Holly. Young). Also, a site plan illustrating the exact location of the required private access must be 'approved by the Development Officer. When approved, these plans must accompany the excavation permit application. Should you have any questions regarding this matter please contact me at (506) 649 -6075. Sincerely, o Mark O'Hearn Planning Officer Attachments G. Dave Crawford, Buildings and inspection Services Holly Young, Municipal Operations and Engineering Stephen Perry, - GEMTEC Limited Pqjed No. 09-082 166 As you can see from the next picture showing Phase 4 as it sits today, we are nowhere near completion of the Phase 4 development. We only worked on Phase 4 during the 2012 year. With the amount of material (up to 1,100,000 tons) that needs to be moved and /or removed from the Phase 4 area, it was understood that moving and /or removing couldn't be done in a 2 year span (but the bylaw stated 2yrs for residential). We were informed that when the 2 years was up, that we only needed to reapply to continue with Phase 4 and /or additional Phases in the future. This is common practice when more work is needed for Phases being worked on by Developers. A lot of the material that needs to be moved will be used in future Phases in the Latimore Estate Subdivision as per the Drainage & Grading package supplied from Gemtec Engineering. 167 m 10, Val 'FA N 'r. s�, i ■� mpg m 10, Val 'FA N 'r. s�, i ■� I � �e Co.J5t3mmi ENGINEERS AND SCI'--NTISTS 30 September 2010 VIA Email: kevin.o'brien @saintjohn.ca Attention: Kevin O'Brien R : Latimer Estates — Drainage Measures i CEW`KU,oitf�c. tel:506.E51.020c 520 SQMP-rsE t Stree, fz:;: 3o6.65j.0207 CaintJohn, Nil gerf�t= cs]��ge�fec.« ELI, 2.Ye, K WV,-.c eMLeC.cu File: 9434.01 — L02 As requested, GEMTEC Limited has assessed the current drainage measures in place at the Latimer Estates residential development. The area in question encompasses residential lots adjacent Kimberly Drive. The current drainage measures established on site direct storm water runoff to the southeast along a temporary ditch that parallels the future Banbury Avenue alignment. A 24 -inch culvert directs water collected on the north side of Kimberly Drive to the temporary NW — SE trending ditch. In the current stage of development very little water reports to the ditch on the north side of Kimberly Drive since 4 of the 6 lots on this side of the road have yet to be developed. The natural topography on the north side of Kimberly Drive slopes to the north. As such, the runoff from these lots flows northward down gradient and does not report to the ditch. Once development along the north side of Kimberly Drive is complete the vast majority of storm water runoff will be directed southward along the drainage ditch system. Comments and Recommendations: If properly maintained the temporary ditch along the Banbury Avenue alignment is sufficient to maintain storm water drainage to the southeast of the property. Check dams should be installed to provide sedimer: control as per NBDOT standards. { Civil - Environmental - GeotechoicMl "esting R• Inspection TrroDsportation ='s" a� y cirf Yc_,. 1, 169 The culvert crossing Kimberly Drive has been re.- installed and currently has an approximate grade of 1.5% to the southeast. The 24 -inch culvert is of sufficient size to redirect water from the north side of Kimberly Drive to the temporary ditch system aligned to the southeast. • Culvert inlet and outlet should be protected with R5 riprap as recommended on drawing D08 (File 90340101) issued by GEMTEC Limited. The ditch on the north side of Kimberly Drive should be temporarily constructed with a capacity to handle water runoff from Kimberly drive. A ditch constructed with a depth of 0.6 m, 0.3 m wide invert and 2:1 side slopes would provide sufficient temporary drainage. Qnco the remaining lots along Kimberly Drive are developed the ditches along Kimberly Drive should be constructed as recommended on drawing D08 (File 903}0101) issued by GEMTEC i..imited. Troy Yeomans, .En . try Enclosures Figure i. Site Photographs 170 L&� I � Got 1 41 son CASH (11--� 172 r � ��l L c 0 +;1 I I ! I � I H r ! E 1 I i I I I + 1 I I I „ z KIi i 72@7 7�2 r�rry •ar ; 1 vll I i at° I I 1 N lr rJ a o Ili ' I y I ! I ? W to ^4ev -t+a.$ I I ; _ Muse a- 7� I I g' ------- - - - - -- 1 ' ;e gg ui °�i' �e sl9r� 12 N HIM oF5 ,o_c0 [ TTT fill. llzt 0 .. _ �� �' is -- — — — — — — — — — — - — -- „ — — — — — — — — — — — — --- - z Np iiii; :iil�ivj� IIIIII'll I I 1777 lk •__-- - - - - - - -- - - - - - - - - - - -_ - -_ 176 lit .1-1-1 69 176 --- - - - - -- rJ- - _J ®Yr /C�/ II • I� 1 Y I I I 1 I ! 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TH n ��•g m s € a�� g D Eli ' a. Z ziZ 8 � 2 m n ° z = 6** Rk d 1 Z O O ,1 \ R� � °m b i 1j, gg gg 1: o : E`yg 4 1. U-It �?. 4. � g Z ziZ 8 � 2 m n ° z = 6** Rk g i 1j, gg gg 1: o : E`yg 4 1. U-It �?. 4. L 49 ON ..... pWCR�'7�YYYT 1 1 ; t � 1 4T � Y / r r i � k � 1 R1 C O A o z n v y ;& yy 5y j[ j 11e �1Jp y }Fpp r gp p 14 1'� _ � �1` �vl•i i� SEti4� �`ti �g1 ��i � 7 �!�llti3!j S g6P j �4pgt P v 5 �A?�: t!F 3iglE'i f5 I� it i �iT 1 zt ter I I OA 0 fo — ---_ I' -- --" I------------ ' let ' I I �51 I ] I v r 0 y D 2 OQ G� �A ® 3o y �y �aa �� ° e g v w j•i1 a 1q i a SF5ldF� ! Ilk lei 1 1 }Mill : ii 4rpp$ � 11 a 1p� 1I i1 rrl '�� m n > � � ® � 8 � � � � � } al? �@ � 2k � �gRaE•�1; � i.fi #s} sR�1� a �e4 � ��� �.} S x m m d i. �I Ms tit 8 5 � S Q r v °a ��� 3 � � ��o-MH5 —aar arx� rNr,sE -are — — — — — lulu o .. I m I I N I � l m I� b o � A W � r f � m r ,ass �oftD � o I 5 m 5 0° -05 —---—-—--—- I �IH m g�a ' � >0G Ij / y � z i t93� =8gg�'e p � a a s � a � R $° � � g i �� #�•9� V p � ms l��:i ;��9��j�l���t,�',�gl� 3 e! !�lE� ; �'����i��t kai -!s EkL'� 1411 34i7 t al P H e kap!1 F- Fit f Ci � ff dd2 p t i � t�iti���� �l�I;:.�•�a EglF���������� 6 I also have a few questions /comments based on the following copy of the newspaper article dated July 2, 2013 that I will be bringing up at Common Council... 183 Saint John council considers Glen Frle'rs housing plan - New Brunswick - CBC dews Page 1 of 2 - r� sa!nt iv }hp council considers Gien Falls housing Plea Planning committee and city staff have rejected the 80 -lot housing development proposal CBC News Posted: Jul 2, 2013 9:07 AM AT Last Updated: Jul 2, 2013 10:41 AM AT Saint John council will consider a contentious 80 -lot housing development proposal on Tuesday night that was voted down by the city's planning advisory conunittee. oun. David Merrithew said he will support a Glen Falls development if he's satisfied flooding concerns can be addressed. (CBC) The controversial housing development is proposed for the Glen Falls area and has been rejected by both the planning advisory committee and city planning staff. But council does not have to follow the recommendations of its advisory committee or staff as it considers the proposal on Tuesday night. The Glen Falls area of the city has repeatedly faced significant flooding over the years. Debly Enterprises, the development's parent company, has promised a storm water management plan, including a system to temporarily capture and store runoff water. Coun. David Merrithew said he will support the housing development project as long as he is satisfied with the storm management plan. Merrithew said the housing development will create additional 'We've got to have people building. If this tax revenue that is badly needed in is going to be OK regards to water and the city. flooding, then I'm all for it.' "Building permits in the City of Saint John have declined two years in a row, quite dramatically," he said. --- Coun. David Merrithew "We've got to have people building. If this is going to he OK regards to water and flooding, then I'm all for it," Merrithew added. The iD- ,additional tax assessment base for the city. Drag this icon to your Windows taskbar for quicker access to CBC. 184 �r„ Q��, ��ca ,a,latr,Ptxl_l,nmc�uick /storv/ 7013 /07102 /nb -izlen- falls - housing -8... 25/08/2013 Let's take a THEORETICAL situation so I can make this point as "CLEAR and PRECISE" as possible. Let's take Westmoreland Rd. from McAllister Drive, all the way up to Retail Drive. Let's say that last year, Princess Auto bought land adjacent to Home Depot, spent few million dollars on land. They also spend hundreds of thousands on Engineers, Surveys, Environment studies, etc., but the building has not been built yet. Now, PlanSJ ( "theoretical" remember), states all new /future lots in this vicinity is now to be rezoned "Parking Lots ". Does Princess Auto STOP what they are doing, tear down everything, get compensated for money lost or are they allowed to continue with their business, as usual. We all know the answer, YES they can continue with their business. Then why are Doug & I not allowed to continue with our business, "Latimore Estates Subdivision ", IT IS THE EXACT SAME SCENERIO......... So I asked P &D this same question, there answer to me was as follow: "they would have a Business Permit" to continue ... And you don't... So, they are a BUSINESS and have a business permit. We are a SUBDIVISION and have P &D recommendations, we have PAC & Common Councils approval for all of Latimore Estates to be completed in stages (as far as know, this is what is required for a Subdivision in the city of Saint John, not a Business permit). Are you saying if Doug & I would have had a Business permit for Latimore Estates, we would be able to continue? As far as I know, Business permits are not part of the process for a Subdivision? Therefore, this needs to be explained to me further please, so Doug & i know can understand P &D logic behind there comment? 185 Did I finally make P &D understand the seriousness and the consequences of terminating Latimore Estates Subdivision.... We called P &D MANY, MANY, MANY times between Mar 2013 — Aug 2013, spoke to various people, we couldn't get anywhere, kept being told you no longer have a Subdivision. It wasn't until we actually spoke to P &D in Aug 2013 when we mentioned we would be "COMPLETELY BLOCKING OFF THE TEMPORARY DITCH" permenantly that weekend in August, that this is a temporary ditch running storm water southward through our property from Kimberly Street. i received a call from Jody Clifford (P &D) that they may consider Phase 4 only to be completed. Do they finally realize they need the storm water running through our temporary ditch (which they must or we wouldn't have received his call after 6 months). It is not economical or feasible to only continue with Phase 4. We want to complete all Phases of Latimore Estates as was approved by P &D, PAC & Common Council in past meetings in 2005 & 2009. The way we see it, if P &D can now recommend continuation of Phase 4 (and in our opinion, this is only due to us "FINALLY" making P &D realize they would have nowhere to run storm water southward any longer from Kimberly Street), then they can recommend or Common Council can approve Latimore Estates Subdivision in its ".entirety", also. :. TO SUM THIS UP... Doug & I looked for land to develop since 1998 so we could move back to Saint John. We left Saint John in 1987, we moved back in 2005 (with all that we have been put through these past few years, we honestly wish we would have invested in Moncton, NB instead of Saint John, NB (I bet that is not the 15t time you have heard this ?). In our opinion, we would be far better off if we would have invested in Moncton!!!!!! We knew this 274 acre parcel was for sale in Latimore Lake. Before we purchased this, we had our Surveyor make sure through P &D this land was suitable for a large scale rural subdivision. It was well received By P &D. We spent the next 6 years saving so we could purchase this property. In 2004 we purchased this property. We developed Phase 1 (5 lots), Phase 2 (12 lots), Phase 3 (11 lots), Phase 4 (stopped DEAD in our tracks since Mar 2013). You need to realize that we are Developers, we have a lot of money invested to date in Latimore Estates. Without any consideration to Developers, this is what Plan SJ and P &D says is the correct thing to do. All I hear & read is Saint John needs people & business to increase. We tried to put a Landscaping Business on Latimore Lake Rd last year. P &D decided Latimore Lake is not an area designated for business, it is a residential area. We didn't get to speak in front of Common Council on this (even though we paid $1000) and our business proposal was refused. Well guess what, we HAVE a residential Subdivision "Latimore Estates" for 8 -9 years now, and now PlanSJ & P &D recommend stopping that also. You must now realize you have no choice but to continue to run storm water southward from Kimberly Street. if you approve Latimore Estates in its "entirety" that can continue. if Latimore Estates can't continue in its "entirety ", then the storm water from Kimberly Street becomes the city of Saint John's issue starting this evening. Your choice seems very clear to me here tonight, and a very easy one to correct the mistakes and injustices that was thrust upon Doug & I & Latimore Estates Subdivison since PlanSJ guidelines have come into effect. 187 / SK Thank You for your time and consideration on this critical matter... With Kind Regards, Kimberly A Wilson 45' j' Douglas J Cyr /� 1f G� �� L, �c•, 7J 77 C -,.. �.� ' ` .f HE BY -LAW NUMBER C.P. 110 -220 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to 6B -2" General Business pursuant to the resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: MayorfMaire ARRETE No C.P. 1.10 -220 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a d6crete ce qui suit: L'arretd sur le zonage de The City of Saint John, d6crete le dix -neuf (19) d6cembre 2005, est modifie par : 1 La modification de 1'annexe aA)>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 4 100 metres carres, situde au 4105, chemin Loch Lomond, et portant les NID 00455006 et 55156244, de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1 » a zone commerciale g6nerale o B -2 >> conform6ment a une resolution adoptee par le Conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - December 9, 2013 Premiere lecture - le 9 d6cembre, 2013 Second Reading - December 9, 2013 Dcuxi6me lecture — lc 9 d6cembre, 2013 Third Reading - Troisieme Iecture - :• GROWTH & DEVELOPMENT SERVICES 1 SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John eq! a Seo � ch. Airpo m r� foci 0 �o �o gyp. FROM 1 DE TO 1 i4 RS -1 B -2 One And Two Family Surburban Residential 1 General Business 1 I, . zone residentielle de banlieue- habitations' - - zone commercials g enerale unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Lai sur I'urbanisme Applicant: 649459 NB Limited Location: 4105 chemin Loch Lomond Road PID(s)1NIP(s): 55156244 & 00455006 Considered by P.A.C.Iconsidere par le C.C.U.: November 19 novembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry OfficelEnregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 12 decembre, 2013. Iz9V Section 39 Conditions 4105 Loch Lomond Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land with an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, for a mix of commercial and residential uses be subject to the following conditions: (a) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding and fascia signs, exterior lighting, landscaped areas, refuse / solid waste containers and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. (b) All parking areas, loading areas, manoeuvring areas and driveways must be paved with asphalt and enclosed with cast -in -place concrete curbs where necessary to protect the landscaped areas, to facilitate proper drainage and define the driveway entrances to the site from Loch Lomond Road. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (d) Installation of concrete curb and sidewalk along the frontage of the development be completed as shown on the previously approved site plan for site prepared in 3.988 and in accordance with the conditions imposed on the 1988 variance and that this work be completed by the applicant / property owner within one year of approval of the change of use / building permit for the proposed redemption centre. (e) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. (f) Exterior lighting must direct light down onto the parking area and not toward adjacent properties. (g) Mobile signage is prohibited on the site. (h) Any area of the site that is exterior to a building that is to be used for the storage of garbage, including areas for the location of commercial waste bins shall be fully screened by a 191 surrounding fence at least 1.8 metres in height designed so as to be opaque and any such garbage storage area shall not be located in any required yard, nor shall any garbage be stored in any garbage storage area so as to exceed the height of the surrounding fence. (i) All site improvements shown on the approved site and drainage plans must be completed within one year of the approval of the change of use / building permit for the proposed redemption centre. 192 BY -LAW NUMBER C.P. 110 -221 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID No. 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as sho,%&m 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: ARRETE No C.P. 110 -221 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrdte sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par : 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 480 metres carres, situee au 233, rue Lancaster, et portant le NID 00366518, de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 » conforinement it une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1 'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common C1erklGreffier communal First Reading - December 9, 2013 Premiere lecture Second Reading - December 9, 2013 Deuxieme lecture Third Reading - Troisieme lecture 193 le 9 decembre, 2013 le 9 decembre, 2013 GROWTH & DEVELOPMENT SERVICES 1 SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John �°���°� m �h O• a ~S� c AP 4? I FROM 1 DE TO 1 A R -2 R-4 One And Two Family Residential 1 Four Family Residential 1 zone residentielle- habitations zone residentielle- habitations de unifamiliales et bifamiliales quatre logements Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme Applicant: Scott Smith Location: 233 rue Lancaster Street PID(s) /NIP(s): 00366518 Considered by P.A.C. /considers par le C.C.U.: November 19 novembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 12 decembre, 2013. iy4 Section 34 Conditions 233 Lancaster Street That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, for a multiple dwelling be subject to the following conditions: a. That the driveway and on -site parking area shall be paved with asphalt, and that concrete cast -in -place curbing be placed throughout the site to protect the landscaped areas; b. That the landscaped areas adjacent to Lancaster Street shall have a minimum depth of two metres and a minimum width of 1.5 metres from the side property lines; c. That the applicant submit a detailed site plan illustrating the location of the building, driveway, parking area, curbing and landscaped areas, to be prepared by the proponent and subject to the approval of the Development Officer; and, d. That all work shown on the site plan must be completed by the proponent within one year of the rezoning of the subject site. 195 BY -LAW NUMBER C.P. 110 -222 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No. 00324012, from "B -1" Local Business to `BR" Business Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: First Reading - Second Reading - Third Reading - MayorlMaire ARRETE No C.P. 110 -222 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de I'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 200 metres carres, situee au 7, promenade Sherwood, et portant le NID 00324012, de zone commerciale locale B -1 » a zone commerciale rdsidentielle BR)) conformement a une resolution adoptee par le conseil municipal en vertu de ]'article 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUO], The City of Saint John a fait apposcr son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common ClerklGreffier communal December 9, 2013 Premiere lecture December 9, 2013 Deuxieme lecture Troisieme lecture 196 - le 9 ddcembre, 2013 - le 9 decembre, 2013 GROWTH & DEVELOPMENT SERVICES 1 SERVICES DE DEVELOPPEMENT ET DE CROISSANCE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John Fa V p ~om' Cham P lain'M Quo oo d�t m re 'o p ns O FROM I DE TO 1 A B -1 BR Local Business 1 i k Business Residential 1 zone Commerciale locale zone commerciale residentielle Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Bev Mills Location: 7 promenade Sherwood Drive PID(s)INIP(s): 00324012 Considered by RA.C.Iconsidere par le C.C.U.: November 19 novembre, 2013. Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: December 12 decembre, 2013. iyi Section 39 Conditions 7 Sherwood Drive That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No. 00324012 for a mixed commercial and residential development be subject to the following conditions: a. That the number of dwelling units is limited to a maximum of four. b. That all outstanding violations are to be corrected by the property owner. c. That development of the site shall be in accordance with a site plan submitted with the change of use / building permit and approved by the Development Officer detailing parking, signage, garbage storage, lighting, and buffering / fencing. HE BY -LAW NUMBER M -16 A BY -LAW TO AMEND A BY -LAW RESPECTING WATER AND SEWERAGE Be it enacted by the Common Council of the City of Saint John as follows: A by -law of the City of Saint John entitled "A By -law Respecting Water and Sewerage" enacted on the 7t" day of June, A.D. 2004, is hereby amended as follows: ARRETE No M -16 ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAU D'EAU ET D'EGOUTS Le conseil communal de The City of Saint John ddcr6te ce qui suit : Par les prdsentes, Parr&& de The City of Saint John intitule < Arrdtd concernant les reseaux d'eau et d'egouts», edicte le 7 juin 2004, est modifid comme suit:: 1 Schedules "A" and `B" are repealed and 1 Les annexes «A» et «B» sont abrogees et the following are substituted: sont remplacdes par celles qui figurent aux presentes. SCHEDULE "A" Effective January 1St, 2014 Flat rate customers Flat rate customers Yearly $486.54 Water charge SCHEDULE "B" Effective January 1St, 2014 METERED CUSTOMERS - WATER SERVICE CHARGE Meter Size ye-1 $ Monthly $ Bi- Monthl $ 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 100mm 3,428.52 285.71 571.42 150mm 1 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm & u 10,485.96 873.83 1,747.66 METERED CUSTOMERS - CONSUMPTION CHARGE Monthly b m Bi- Monthl (by m Consumption m3 Rate $ /m3 Consumption m' Rate $ /m3 For the first 50 1.2188 For the first 100 1.2188 For the next 124,950 0.7761 For the next 249,900 0.7761 For all in excess of 125,000 0.2739 For all in excess of 250,000 01739 Spillage 0.1104 1 Spillage 0.1100 IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the day of, A.D. 2013 and signed by: Mayor /maire ANNEXE «A» En vigueur le I' janvier 2014 Tarif forfaitaire pour les clients Tarif forfaitaire pour Tarif 486,54$ les clients annuel 216.36 Redevance sur 1eau 36.06 20mm ANNEXE «B» En vigueur le I' janvier 2014 CLIENTS AVEC COMPTEUR- TAR1F DES SERVICES D'EAU Dimension du com teur Tarif annuel $ Tarif mensuel $ Tari bimensuel $ 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 100mm 3,428.52 285.71 571.42 150mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm et -plus 10,485.96 873.83 1,747.66 CLIENTS AVEC COMPTEUR - FRAIS DE CONSOMMATION Mensuels arm Bimestriels arm ) Consommation Frais Consommation Frais m' $/m' m' $ /m' Pour les 50 1,2188 Pour les 100 1,2188 premiers premiers Pour les 0,7761 Pour les 0,7761 124 950 249 900 suivants suivants Pour toute 0,2739 Pour toute 0,2739 consommation consommation au -delA de au -delA de 125000 1 1 250 000 Renversement 1 0,1100 1 Renversement 0,1100 EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common Clerk/Grcffier communal First Reading - December 9, 2013 Premi6re lecture - le 9 decembre, 2013 Second Reading - December 9, 2013 Deuxi6me lecture - le 9 d6cembre, 2013 Third Reading - Troisi6me lecture 199 A LAW TO AMEND A BY -LAW RE SPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF TIC MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRIETE MODIFIANT L'AR`tE i RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a ddcrdte ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19's day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parretti de The City of Saint John intitule « Arrete relatif a la circulation daps les rues de The City of Saint John ddicte conformement a la Loi sur les vehicules d imoteur (1973) et modifications affdrentes », decrdte le 19 decembre 2005, est modifid comme suit: 1 Section 23 is repealed and replaced with 1 L'article 23 est abroge et remplace par ce qui the following: suit : "23(I) Those parts of streets listed in Schedule "T" «23(1) Les sections de rues listees a ]'Annexe T are designated as School Zones." sont designees comme zones d'dcole. 2 By adding the attached Schedule T- School Zones, immediately after Schedule S. 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 signed by: Mayor /maire 2 Par Padjonction de I'Annexe T - Zones d'dcole -- ci jointe, immddiatement apres I'Annexe S. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete Ie 2013, avec les signatures suivantes Common Clerk/greffier communal First Reading - December 9, 2013 Preniiete lecture Second Reading - December 9, 2013 Deuxieme lecture Third Reading - Troisieme lecture 200 - le 9 decembre, 2013 - le 9 decembre, 2013 SCHEDULE T SCHOOLZONES ANNEXE T ZONES DtCOLE RUES MUNICIPALES LIMITES D'un point situe a 121 metres au Promenade Bay nord de Is prom. Chalmers a Crescent son extremity en direction sud. De I'ave Daniel A un point situe Rue Black a 172 m. en direction sud Du chemin Sand Cove a un point situe a 137 m. en direction Rue Bleury nord De Is prom. Fundy a Is rue Rue Centre Summer Ouest De la prom. Bay Cresoent a un Point situe 227 m. en direction Promenade Chalmers est D'un point sftue 268 m. au nord de rave Creighton it un point situe 40 m. au sud de Is prom_ Promenade Champlain Sherwood De la rue Tower a Is rue Queen City Line Ouest De Is rue Valerie a son Rue Constance extremity Du ch. Loch Lomond a un point Avenue Courtney situe 286 M. en direction sud De Is rue Fourth a un point s!tue 223 m. au nord de Pave Avenue Cranston Wellesley De Pave MacAuley a un point situ€ 117 M. a Pest de Is rue Avenue Daniel Brook De Is rue Black a un point situ Rue Donaldson 101 m. an direction est De la City Line a un point situe Rang Dufferin 82 m. en direction sud D'un point situe 54 m. au nord de Is rue Newman d un point sltue a 51 m. au sud de Is rue Rue Durham Newman De Is rue Newman a un point Rue Elgin situe a 48 m. en direction sud Du ch. Loch Lomond a la rue Ave Evergreen Hemlock Rue Fifth De Pave Cranston a Is rue Parks De Pave Thames a un point silue 40 M. A I'ouest de Is rue Promenade Fundy Centre Du ch. Westmorland a urt point 9itu6 341,7 m. au sud du ch. Promenade Glengarry Westmorland 201 IvIpIIpYYp V�I�aII I�VpV 08 metres north of Young Parks Street to 192 metres south Havelock Street of Young Street Millid.cie Avenue Lakewood Avenue to 192 metres south of Lansdale Lakeview Drive Crescent Newman Street Lakeview Drive to Dead Lensdale Crescent End Parks Street 227 m etres west of Chemin Ragged Point Courtney Avenue to 200 Parks Street Extension metres east of Courtney Loch Lomond Road Avenue Chemin Sand Cove 132 metres north of Pitt Street Catherwood Street to IvIpIIpYYp V�I�aII I�VpV 4VIIGIi VLIG6l Parks BS metres south of Valerie Rue Havelock Street to 80 metres north of Millid.cie Avenue Valerie Street 8 metres west of Elgin Promenade Lakeview Street to 48 metres east of Newman Street Durham Street Croissant Lansdale Fourth Street to Dead End Parks Street norther) Chemin Ragged Point Parks Street to 120 metres Parks Street Extension northers Chemin Loch Lomond 87 metres north of St. Chemin Sand Cove Jai nes Street to 57 metres Pitt Street south of St. James Street Princess Court Simpson Drive to Dead End Woodward Avenue to 355 Ragged Point Road Metres norther) Avenue Millidge 88 metres west of Bleury Street to 174 metres east of Sand Cove Road Bleury Street Rue Newman MacLaren Boulevard to Sandy Point Road 478 metres norther) 241.5 metres south of Todd Rue St. James Street to 87.7 metres north Simpson Drive of Todd Street Rue St. John Cranston Avenue to Dead Sixth Street End Centre Street to 143 metres Summer Street West easterly Rue Todd Pitt Street to 79 metres St. James Street west of Wentworth Street Rue Union City Line to Lancaster St. John Street Street Rue Valerie 127.5 metres west of Simpson Drive to 37.5 Avenue Wellesley metres east of Simpson Todd Street Drive Crown Street to 315 metres Union Street wester) Rue Wentworth i Millidge Avenue to Valerie Street Constance Street Somerset Street to Wellesley Avenue Cranston Avenue 100 metres north of St. James Street to 51 metres Wentworth Street south of St. James Street Extension de la rue D'un point situ6 68 m. au nord Parks dry la rue Young 6 un point sifu8 Rue Havelock 192 m. au sud de la rue Young De rave Lakewood 6 un point situ6 192 m. au sud du croissant Promenade Lakeview Lansdale De Is prom. Lakeview a son Croissant Lansdale extremit8 d'un point situd 227 M. a I'ouest Chemin Ragged Point de I'ave Courtney a un point situ6 200 m. A 1'est de I'ave Chemin Loch Lomond Courtney Chemin Sand Cove D'un point sku6 132 m, au nord Chemin de la rue Catherwood A la rue Manawa onish O'Brien D'un point situ6 86 m, au sud de la rue Valerie a un point situ6 80 Avenue Millidge m. au nord de le rue Valerie D'un point situ6 8 m. 6 I'ouest de Rue Sixth la rue Elgin ii un point situd 48 Rue Newman M. A Pest de Is rue Durham Rue Summer duest De la rue Fourth a son axtr8mm Extension de la rue De la rue Parks i un point situ6 Parks A 120 m. on direction nord D'un point situ6 87 M. au nord de la rue St. James a un point situ6 57 m. au sud de la rue St. Rue Pitt James De la promenade Simpson 6 Impasse Princess son extr6mitd De I'ave Woodward a un point Chemin Ragged Point situe 355 M. en direction nord d'un point situi§ 88 m. A l'ouest de la rue Bleury a un point situd Chemin Sand Cove 174 m. a 1'est de la rue Bleary Du bowl. MacLaren A un point Chemin Sandy Point situ6 478 m. en direction nord D'un point situd 241,5 m. au sud de Ea rue Todd A un point situd Promenade Simpson 87,7 M. au nord de Is rue Todd De Pave Cranston a son Rue Sixth extremit6 De la rue Centre ;N un point situe Rue Summer duest 143 M. an direction eat De Is rue Pitt 6 un point situtt 79 Rue St. James m. a I'ouest de Is rue Wentworth De la City Line A Is rue Rue St. John Lancaster D'un point situd 127,5 m. a rouest de Is prom. Simpson A un point situd 37,5 m. a Pest de Rue Todd la Prom. Simpson Do la rue Crown A un point situ6 Rue Union 315 m. en direction ouest De I'ave Millidge iL Is rue Rue Valerie Constance De le rue Somerset A I'sve Avenue Wellesley Cranston D'un point situd 100 m. au nord de la rue St. James & un point sltu6 51 M. au sud de la rue St. Rue Wentworth i James 202 203 123.8 metres south of Glengarry Drive to 272 Chemin Westmorland metres north of Glengarry Westmorland Road Drive Fundy Drive to 100 metres Whipple Street easterly Rue Young 161 m etres east of Havelock Street to 67 metres west of Havelock Young Street Street 203 D'un point situ6 123,8 m. au sud de la prom. Glengarry 8 un point Chemin Westmorland situ6 272 m. au nord de la prom. Glengarry Rue Whipple De le prom. Fundy h un point situd 100 m, on direction est D'un point situd 151 m. A Pest de la rue Havelock A un point situ8 Rue Young 67 M. 4 I'ousst de la rue Havelock 203 REPORT TO COMMON COUNCIL OPEN SESSION M&C2013 -275 December 16, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT Dangerous and Vacant Buildings Program 2013 Results BACKGROUND .�c647 City of Saint John In 2013, additional resources were allocated to the Dangerous and Vacant Buildings Program to provide an enhanced level of service in the City of Saint John. An additional engineer was hired by the department in May of 2013 to be dedicated to the enhanced program. Since the addition of the full time engineer, there has been a significant increase in the amount of resolved cases from results in previous years. The following report outlines the 2013 year end results of the Dangerous and Vacant Buildings Program. Also discussed are the results of the Topsoil and Grass- Seeding Pilot Program. ANAT .VCiC In 2013, 65 Dangerous and Vacant Building cases were resolved, an increase of 30 percent from 2012. This result is largely due to an increase of voluntary compliance from property owners. Voluntary compliance involves property owners taking appropriate action without requiring a formal Notice to Comply and accounted for 86 percent of all resolved cases in 2013. Initial actions taken by staff such as letters and personal contact, led to voluntary compliance, resulting in 15 owner demolitions and 41 repaired/re- occupied buildings in 2013. Focusing on voluntary compliance ultimately allows staff to resolve more cases with the resources available. There has also been a 46 percent increase in the number of buildings that were repaired/re- occupied in 2013 from 2012. This increase in repaired /re- occupied buildings reflects the overall improvement of the condition of buildings on the vacant building list. In 2013, eleven Notices to Comply were issued for dangerous and vacant buildings around the City. Of the notices issued, eight have resulted in City demolitions and one has resulted in an owner demolition. 204 M & C 2013 — 275 - 2 - December 16, 2013 Table 1 — Summary of 2012 and 2013 Owner I City Repairs/ Total Demolitions Demolitions I Reoccupy I Resol 16 6 28 50 10 16 S 41 65 11 So far in 2013 there have been 64 new cases opened for vacant buildings around the City. The vacant building list continues to remain at approximately 100 vacant buildings, however, there has been a significant reduction in the amount of critical and high priority buildings on the list. The Dangerous and Vacant Buildings list provides pertinent information for each vacant building being monitored by staff. The list is divided into four main categories - red, orange, yellow and white - and indicates buildings of the highest priority (red) to the lowest priority (white) based on a set of objective criteria. Buildings that fall into the "white" category typically require no action and do not pose a hazard to public safety. Over the past year, the overall number of "red" (critical) buildings has decreased by 46 percent from thirteen to seven. Of the thirteen critical buildings at the end of 2012, only four remain on the list. The number of "orange" (high priority) buildings also decreased by 28 percent from 2012, while the number of "yellow" (warning) buildings decreased by 43 percent. These results, summarized in Table 2, show that there has been a significant improvement in the overall condition of buildings remaining on the vacant building list. of the number of cases remaining at the end of 2012 and 2013 In 2014, the Department will be introducing a new system of allocating inspection resources. Inspections will be scheduled so that higher priority buildings will be seen more frequently. This will allow staff to gather more information on Critical and High Priority buildings which are at higher risk of being the target of arson, theft, mischief and vandalism. The table below shows the frequency at which a building will be monitored under the new system. 205 M & C 2013 — 275 -3 - December 16, 2013 ffispection Maximum of Maximum of Maximum of Frequency 30 Days 30 Days 60 Days Between Between Between Inspections Inspections Inspections Maximum of 90 Days Between Inspections In 2013 there was a significant increase in total resolved cases from previous years. This trend is expected to continue and will likely result in an even greater increase in resolved cases for 2014, mainly because the program will experience a full 12 months with enhanced staffing. Topsoil and Grass Seed Pilot Proprarn At the April 15th, 2013 meeting of Common Council, staff was directed to introduce a pilot program whereby after a dangerous building has been demolished by the City, the area where the building once stood would be covered with topsoil and grass seed. Staff added topsoil and grass seeding requirements to two City demolitions as part of the program. The first demolition was 60 Jack Street in May 2013; the second was the demolition of 49 and 51 Summer Street which occurred in September 2013. According to the quality check points outlined in the April 9th, 2013 report to Council, both cases yielded excellent results: • Lots had grass growing in over 70 percent of the treated areas; • Lots showed no signs of being used for illegal dumping at the time of inspection; and • Lots were neatly maintained and were not being used for parking vehicles at the time of inspection. The average cost of adding topsoil and grass seed was lower than anticipated. The cost to topsoil and hydro seed the vacant lot at 49 and 51 Summer Street was $1,400 and $600 for the vacant lot at 60 Jack Street. Neither of these vacant lots required mowing due to slow growing seed. Monitoring of the grass seeded lots will continue into 2014 to evaluate the long term success of the program. Attached for Council's reference are photos of each of the vacant lots approximately two months after the lots were seeded. Given the limited experience to date, staff will continue the pilot program into 2014. 206 M & C 2013 —275 - 4 - December 16, 2013 RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, " f1l Christopher Mckiel, MIT Technical Services Officer Growth & Community Development Services Amy Poffe , P.Eng., MBA Building Inspector Growth & Community Development Services ti H miltn, Ja eline oMURP, MCIP, RPP 4mmissioner Growth & Community Development Services J. trick Woods, CGA City Manager 207 MM MtgfAlk y o, 3 7 a Ln r ai f � N t �� f REPORT T TO COMMON COUNCIL svy 18 December 2013 City of Saint John His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2014 Insurance Renewal BACKGROUND: The insurance market in 2013/2014 is particularly challenging. The City's previous liability insurer has decided to leave the Canadian market and other insurers have raised rates by 20 -25 %. There were significant market losses from flooding in Alberta and from adverse court decisions for road liability out of Ontario. The losses for the industry as a whole were substantial and given this background, it is becoming increasingly challenging keeping insurance premiums in line. The adoption of a Risk Management approach was timely and we were able to avoid significant increases. The City's, "Agent of Record" with assistance from BFL Canada Risk and Insurance Services Inc. (a specialty municipal insurance broker) has approached its markets and the initial quote of $1,184,086 was obtained based on our old approach to insurance, reflective of an increase of $172,893 or 17 %. Taking a risk Management approach, we have obtained a renewal quote from AIG in the amount of $1,068,795 for the 2014 term, a savings of $115,291. Our Agent received three quotes on our entire Insurance package and the lowest quote providing the same coverage was from our present property and auto insurer, AIG Insurance Company. Our previously liability insurer has left the market entirely in Canada. This procedure is in keeping with the resolution approved by Council at the Open Session meeting of December 10, 1990 and November 25, 2013 It is the responsibility of the agent to obtain quotations on all insurance requirements for the City, and to provide this insurance at cost, without any commissions. The "agent of record" is paid an annual fee for his services, which has been specified until January 1, 2015. The fee for the 2014 term is $23,240. The premium for the year 2014 is quoted as $1,068,795 plus the agency fee of $23,240 for a total 2014 . cost of $1,082,03 5. ANALYSIS: The following will illustrate the loss ratios for the past six years on our major coverage as of December 1, 2013. 210 2014 Insurance Renewal Page 2 Year Premium Losses to dare Loss Ratio 2008 814,663 351,992 0.4321 2009 1,010,129 285,842 0.2830 2010 1,130,142 71,701 0.0634 2011 914,479 658,249 0.7198 2012 969,260 106,120 0.1095 2013 1,0111192 266,449 0.2634 2014 1,068,795 Totals* 5,849,865 1,74 0,353 0.3119 *does not include 2014 1,200,000 1,000,000 800,000 600,000 400,000 200,000 X 2008 2009 2010 2011 2012 2013 2014 FINANCIAL IMPLICATIONS: btal losses insurer paid remiums Once approximately $85,700 of recoverable premium, from Harbour Station, the Parking Commission and the Canada Games Aquatic Centre, is removed from the total cost, the City is left with approximately $1,006,335 in overall insurance cost for 2014 (Not including claim payments) as compared to $990,042, and overall increase of $16,293 or 7.7% compared to 20% industry average. The City is completing our second year with our broker and insurers. In 2011 we received a substantial savings in our premiums from going through the tendering process. It was anticipated that in the years following we would likely have increases in premium but with a Risk Management approach we can keep those increases to a minimum. In the past 5 years our loss ratio has been fairly steady except for 2011 where the City experienced several large losses but overall, our losses are trending downwards thanks to more proactive Risk Management strategies. We will still see fluctuations from year to year in losses as evidenced in 2011. For that reason it is important to look at loss ratios on at least a 5 year average and evaluate overall trends using regression analysis. The folloA ing are five sections which set out the various coverage, deductibles, and 211 2014 Insurance Renewal Page 3 premiums. The City's Insurance & CIaims Officer and the City's Agent of Record have analyzed the information and provide the following highlights; I. GENERAL LIABILITY:. Years Premium Liability Limits 2009 553,600 10,000,000 2010 664,742 10,000,000 2011 545,621 25,000,000 2012 545,621 25,000,000 2013 557,473 25,000,000 2014 587,446 50,000,000 This coverage includes our Errors and Omissions coverage along with our Excess Liability policy. Reflective in the increase is a recoverable amount for the Aquatic Centre and we recommend we double our liability limits from 25,000,000 to $50,000,000. Almost 60% of our insurance premiums are related to liability coverage and our loss history shows a decline in the both the quantity and severity of claims in this category. The change in rate is industry wide and not targeted at us specifically and we should take advantage of our limited losses and retain more exposure. We've averaged less than $50,000 in losses in the past 5 years and our premium credit would be almost $100,000 from taking a larger deductible. Assuming our losses continue at the same pace as previous, it would be an annual savings to the City of approximately $50,000 a year. This should be encouragement that the City is moving in the right direction to a more proactive manner to reduce our exposures and liabilities. The deductible for this coverage is $100,000. 2. ENVIRONMENTAL IMPAIRMENT LIABILITY: years premium 2009 9,000 2010 9,000 2011 58,993 2012 58,993 2013 58,993 2014 53,683 We increased our coverage significantly in 2011 to reflect greater exposures and awareness in the general public but our loss experience has been minimal to date. We also changed the deductible to match our other liability insurance. The deductible for this coverage is $ 100,000. 3. PROPERTY: years I premium Value of Property 212 2014 Insurance Renewal Our total premium increase of $48,458 is reflective of a rate increase (12.3 %) to reflect our significant Iosses and an increase in insured value. Our property value increased with a partial review from the PSA approach, adding the Aquatic Centre, Peel Plaza., the Parking Garage and West works building and improvements to several other buildings. The premiums paid for the garage and Aquatic Centre are recoverable ($20,323). The deductible for this coverage is $ 25,000. 4. AUTOMOBILE: years premium Insured 2009 155,949 $185,633,076 2010 164,724 $186,531,568 2011 95,138 $190,564,331 2012 137,466 $254,567,395 2013 154,142 $272,336,350 2014 $201,900 $318,553,895 Our total premium increase of $48,458 is reflective of a rate increase (12.3 %) to reflect our significant Iosses and an increase in insured value. Our property value increased with a partial review from the PSA approach, adding the Aquatic Centre, Peel Plaza., the Parking Garage and West works building and improvements to several other buildings. The premiums paid for the garage and Aquatic Centre are recoverable ($20,323). The deductible for this coverage is $ 25,000. 4. AUTOMOBILE: years premium 2009 281,430 2010 281,526 2011 208,648 2012 220,751 2013 233,879 2014 215,045 The premium for this coverage has decreased despite some recent losses, this is a reflection of the overall competitive market for automobile insurance and not our own experience. The numbers of vehicles will be reviewed and adjusted for January 1, 2014. The actual premium may rise or fall slightly depending of the number of vehicle acquisitions or removals from the quotation list sent out on November 1. The premium still shows a significant discount from the 2010 rates. The City carries All -Peril coverage with a deductible of $2,500. 5, ALL OTHER COVERAGE: years premium 2009 10,150 2010 10,150 2011 6,079 2012 6,079 2013 6,355 2014 10,721 213 Page 4 2014 Insurance Renewal The premium for this coverage includes Crime, Garage Liability and a Director's and Officer's Policy. $3,905 of this cost is recoverable from the Aquatic Centre making the change in premium almost neutral. "Other Coverage" is provided in conjunction with, and, as an enhancement to, our major coverage. Their premiums will generally correspond to the rise and fall of our major coverage premiums. INPUT FROM OTHERS: Our Agent of Record has approached BFL who act on behalf of AIG to obtain favourable quotes to reflect our loss ratios. The Canadian Municipal Liability market is very stressed at this point in time and all municipalities are seeing significant increases, in most cases, much more so than Saint John. Our Agent is also active in searching out other markets when they become available but at the present time, there are less and less insurers which will lead to upward pressure in premiums and rates. Our Agent has advised that the 2014 premium being offered by our present insurer is the best value in their market place at this time. RECOMMENDATION: It is recommended that Council accepts the insurance package offered by our Agent of Record, Hub International Atlantic Limited (formerly Huestis Commercial Insurance), and approves payments as follow: Insurance Premiums of $1,068,795 _Agreed Agency Fee of $23,240 Payable to Hub International Atlantic Limited $1,092,035 Respectfully submitted, Ian Fogan, BBA FCIP Insurance and Claims Gregorriou=Finance s, CGA MBA Commi J trick Woods, CGA Manager 214 Page 5 1 REPORT TO COMMON COUNCIL M &C 2013 -284 December 23, 2013 His Worship Mayor Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Update on the Loch Lomond Community Centre BACKGROUND: E It Thf MY Of S" 3ahn The Loch Lomond Community Centre (LLCC) located at 21 St. Martins Road was built in 1945. Formerly known as the Agricultural Hall it served the community as a recreation centre from 1980 until June of 2013 when the building was deemed not safe due to significant structural deficiencies. Following Common Council's approval the building was demolished on October 22, 2013. The demolition of the LLCC resulted in displacing both regular and occasional users of this facility. The regular groups using the LLCC relocated to other facilities as follows: • Knights of'Columbus: Relocated to the Bradley Lake Community Centre located at 248 Bradley Lake Road, Rothesay approximately 12 kilometers from the LLCC. • Zumba Programs: Relocated to the Glen Falls School located at 10 Princess Court approximately 17 kilometers from the LLCC; and the Simonds Fire Hall located at 184 Range Road approximately 3 kilometers from the LLCC. Family Resource Centre Moms and Tots Program: Relocated to the H.O.P.E. Centre (St. Joseph's Church lower level) located at 4347 Loch Lomond Road approximately 2 kilometers from the LLCC. • Danceability: Relocated to the Latimore Lake Community Centre located at 615 Latimore Lake Road approximately 12 kilometers from the LLCC 40 The local chapter of the Loch Lomond Baptist Church elected to dissolve its chapter with its congregation of four members moving to another church nearest this community. • City staff was instrumental in negotiating with the H.O.P.E. Centre to provide rental opportunities at the upstairs boardroom at a reasonable rate for smaller functions such as showers, and birthday parties. The relocation of these groups is presently on a short -term basis; however, the opportunity for long term accommodation is viable. Of these facilities, the City of Saint John has partnerships in place with the Latimore Lake Community Centre and the H.O.P.E. Centre. 215 Report to Common Council Page 2 of 8 M &C 2013- 284 At a meeting of the Common Council held on August 26, 2013: "RESOLVED that the City Manager be directed to explore the feasibility of replacing the existing Loch Lomond Community Centre with a new community facility outside the designated watershed; and bring back to Common Council a report for consideration during the 2014 budget deliberation process; and further that the report include information respecting the funding agreement between the City and the H.O.P.E. Centre as well as information on whether the H.O.P.E. Centre is a non -profit agency; and further that the matter be referred to the Regional Services Commission for input ". Subsequent to Common Council's resolution City staff held discussions with the LLCC operator, the local MLA, regular groups that utilized the LLCC, and other community facility owners in the area to assist in accommodation and relocation of the displaced programs at the LLCC. During these discussions some LLCC users, community stakeholders and the area's Member of the Legislative Assembly expressed the need to replace the LLCC with a new facility. A City owned property outside the protected watershed area was identified by these community stakeholders as a potential location to build a new recreation centre (Appendix A). Staff suggested a high level of community engagement, regional, and government support be achieved in order to move forward with a project to build a new community facility. Such a project would also need to be evaluated through the lens of PLANSJ and PLAYSJ. Staff convened with the management of the H.O.P.E. Centre to verify its non -profit status and ascertain its ability to accommodate displaced user groups from the LLCC. Appendix B of this report summarizes the status of the H.O.P.E. Centre, the funding agreement with the City of Saint John, and current programs at this facility. Pending, further direction from Council, this matter has not been referred to the Regional Services Commission for input. ANALYSIS; Through an earlier staff report to Common Council on this subject the comparative cost to replace the Loch Lomond Community Centre of equal size and characteristics was estimated at $392,400 excluding HST. This is a significant re- investment in capital recreation infrastructure as well as the annual operating costs to sustain a new facility. The suitability of the location previously suggested by community interest groups has not been thoroughly assessed other than that it is outside the watershed protected area and the topography is relatively flat. A detailed land assessment (planning /zoning. environmental suitability etc.) and community needs assessment is required prior to any project moving forward. Staffs evaluation to determine the feasibility of replacing the Loch Lomond Community Centre is provided through the lens of strategic policy documents including PLANSJ and PLAYSJ. PLANSJ -- City of Saint John Municipal Plan, PLANSJ supports a city structure and land use framework which aims for more efficiency and gains the most benefit for the community through growth and development by: 216 Report to Common Council M &C 2013- 284 Page 3 of 8 Limiting urban and rural sprawl by directing the majority of growth within the Primary Development Area; Creating a hierarchy of development with the highest intensity of uses in the Primary Centres and lowest intensity in the Stable Areas and Rural Areas; Focusing future rural growth in Rural Settlement Areas which are intended to enhance the vitality of traditional rural communities which include all the ingredients of a complete community. From a land use perspective, the Treadwell Lake Rural SettlementArea is intended as a focal point for the Loch Lomond area and would support small scale rural residential and supporting commercial and community uses. PLANSJ goals for recreation and community facilities focus on increasing the quality of green spaces and community infrastructure in particular within the Primary Development and Intensification Areas established by PLANSJ as a catalyst for reinvestment in these areas. PLANSJ Policy CF -7: Prioritize investment for recreational facilities within the Primary Development Area, with particular attention to this within the intensification Areas, ensuring they can adequately meet the needs of various athletic groups. PLANSJ Policy CF -29: Locate community centres in Urban Neighbourhood Intensification areas near other community facilities such as parks, green spaces, arenas and schools, when possible. PLANSJ endorses the prioritization and right - sizing of local parks, recreation and community facilities ensuring spending on community facilities serves the needs of the community as a whole. As the location of the proposed new Loch Lomond Community Centre is outside the Primary Development Area (and the Rural Settlement area), PLANSJ policy would not support the development of a new Community Centre in this proposed location. From a planning perspective the Treadwell Lake Rural Settlement Area would be an appropriate location to focus local recreation to serve this rural community. Furthermore the Forest Hills Intensification Area identified in PLANSJ, contains a cluster of recreational and community assets that could serve as a district hub for the recreational needs for the east district. Appendix A illustrates the spatial relationship of the proposed "New LLCC with other community facilities, the Primary Development Area boundary, the Forest Hills Intensification area, and the Treadwell Lake Rural Settlement area. PLAYS) - Parks and Recreation Strategi!C Plan: The new Parks and Recreation Strategic Plan recently adopted by Common Council supports the model for owning and operating community centres where several community based partners participate in the funding and delivery of programs. This service delivery model shares the burden of responsibility with the goal of long term sustainability of community centres. PLAYSJ stresses the development of new community centres should be considered only when warranted; in situations where population exceeds the standard requirement; or where the closure of existing facilities creates a shortage. From this perspective PLAYSJ would not support a new community centre be built to replace the former Loch Lomond Community Centre for these reasons: - Even with the loss of the LLCC the City of Saint John continues to have more community centres (16) than the industry recognized benchmark standard (14) for 1:5,000 persons. 2011 Census 217 Report to Common Council M &C 2013- 284 Page 4 of 8 data collected on a Skm radius of the LLCC site shows a population of 2748 for the service area (Appendix Q. This guideline suggests the new H.O.P.E. Centre, which the City of Saint John supports through partnership agreement, is positioned to adequately service the needs of the Loch Lomond Community with the exception of active recreation programs. It must also be noted that there has been population growth in this area since 2006, however, this is not anticipated to continue with rural growth controls established in P1anSJ. The Loch Lomond School is within 4km of the LLCC. Future opportunities and community partnerships with the school still need to be explored. The Latimore Lake Community Centre approximately 121m from the LLCC is another facility that can service the Loch Lomond area. This Community Centre is also supported by the City of Saint John. The Forest Glen Community Centre which is operated under a partnership model with the YMCA also services the recreational needs at district level hub. PLAYSJ would support a new Community Centre whereby the ability of the facility supports the functional needs of the program. The loss of the LLCC has resulted in a gap in active recreation programs of which the H.O.P.E. Centre is not functional to accommodate, and with the Loch Lomond School currently at capacity for community use opportunities. PLAYSJ suggests that the City may consider its future role as a partner in capital projects proposed and managed by other agencies. PLAYSJ calls for the facilitation approach of Community Development. The City's role through community development is to facilitate, collaborate and communicate with other community organizations, government agencies, as well as other service providers. Decisions regarding how the City of Saint John will determine its support for community centres should be guided by criteria such as: • Healthy and Active Living; • Sustainability; • Community -led; • Volunteer- driven, Accessible; Collaboration; and Inclusiveness. Through the community development approach the potential exists for the City of Saint John to participate in a partnership model for the development of additional community infrastructure to address current gaps as long as there is strong community interest, readiness and capacity to undertake and sustain such a project. The community development process is not merely that of expressing an interest in a project; it is a lengthy process of building the relationship, community ownership and capacity to collectively build and operate any said facility of this nature. Furthermore, such development would favour facilities that are co- located and clustered with other facilities. Stand -alone community facilities would not be encouraged. As stated earlier in this report interest has been expressed for the need of a new community centre by the local MLA and some displaced user groups of the Loch Lomond Community Centre. Staff met with key LLCC proponents regarding their interest and readiness in being the lead organization for the purpose of building and managing anew facility. Some interest was expressed however organizational capacity is identified as a significant barrier for such a partnership and to date no formal request has 218 Report to Common Council M &C 2013- 284 Page 5 of 8 been made to the City of Saint John expressing interest and capacity to lead such a project within this community. At this time staff recommend Common Council not commit further resources to advance a proposal for a new Loch Lomond Community Centre until such time the following is achieved: 1) A community organization comes forward to lead this initiative to build and operate a new facility; 2) A formal proposal be presented by the community to Common Council with a strong business case including the financial capital and operational support requested of the City of Saint John and others; 3) An official letter of support received from the Regional Services Commission and Local Service Districts indicating financial support for the on -going operational and facility sustainability costs. 4) An official endorsement from the Federal and Provincial Governments identifying financial support of the capital investment needed to replace the LLCC. Staff recommend that these four critical elements be achieved before the City could favourably consider a proposal to invest capital and operational support to build a new Loch Lomond Community Centre. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, 4�4j 0441111) Kevin Watson, B.P.E. Manager, Neighbourhood Improvement & Recreation Programming Services 1 a rick Woods, CGA Manager Attached: Ja quelme Hamilton, M MCIP RPP C mxnissioner, owth & Community Development Services 219 Report to Common Council M&C 2013- 284 Appendix A Community Facilities in Relation to LLCC, PDA, Rural Settlement Areas 0 ;:GW Falls 1171--tery.6 IVA— I owl East Side District Community Facilities Gormunky FacNes Lend Un ■ &I Forest Hills Intensification Treadwall Lake Rural Sefflernard Boundary PEA Saint John Boundary A latlmrua� •. rj i e-I 002545 "T 15 2 KiMMIUM 220 Page 6 of 8 L. cn Lomond 'School :1-10PE L. LomaW Center 1 E714 7 Report to Common Council M &C 2013- 284 Appendix B Report on the H.O.P.E. Centre Page 7 of 8 The H.O.P.E. Centre, as a Community Centre is wholly owned by the Diocese of Saint John, managed and maintained by St. Joseph's Parish, and is a certified non -profit agency / organization in accordance with CRA rules and guidelines. All funds generated by or contributed to H.O.P.E. are used to 1) service the debt, 2) cover operational and maintenance costs of the Centre, and 3) support community programs and services. H.O.P.E. does not house or support any commercial entities, and all proceeds from events held at or hosted by H.O.P.E. go back to the Centre. Only July 1, 2010 the City of Saint John and the Roman Catholic Bishop — Saint John entered into a lease agreement for the occupancy and use of the H.O.P.E. Community Centre located adjacent to the St. Joseph's Parish. The lease agreement was for the duration of 15 years at an annual fee of $45,000. The premise of this lease agreement was the establishment of a wellness centre in partnership with the Province of New Brunswick Horizon Health Authority for the primary use of the upper level of the H.O.P.E. Centre. The City of Saint John supports this initiative by subletting the required space at no cost to Horizon Health Authority for the wellness centre to operate. The agreement also provides office space for the City of Saint John Community Police and Recreation staff. The current level of service at the H.O.P.E. Centre includes: 3 Days Operation of the Wellness Centre Nurse Practitioner Blood Specimen Collection Health Educational Programs The Recreation Programming Service assigns staff whom liaises with the H.O.P.E. Centre programming committee. The role of city staff is to help facilitate in the planning and organization of programs and activities. Programs include: "Boomers on the Go" Seniors Fitness classes (Tuesday mornings) — this is a partnership with Go ahead seniors, the City of Saint John and the St. Joseph's Health Centre. Seniors Card club (Tuesday afternoon). Annual Wellness fair held in October in partnership with the H.O.P.E. Centre, City of Saint John and the Horizon Health Network. - Mental Health sessions scheduled throughout the year in partnership with The City of Saint John, Canadian Mental Health Association and the H.O.P.E. Centre. Autism monthly meeting in partnership with Horizon Health and The City of Saint John. Annual Fun Day in August Summer Youth Camp Programs in August 221 Report to Common Council M &C 2013- 284 �a 4� d . a� Appendix C 2011 Census Data — 5 Km Radius D Y M1r L It "� p t 1 ,5 0 1 1 IGlometers 2 f 222 Page 8 of 8 Loch Lomond Community Center: Demography and Income Analysis (5 km Radius) Dissemination Arena (2011 Comm. Satistics Canada) O Lodi Larnwd Communfly CenW Buffar7_one ©5km 1006Avarage Houaandd Income ISj MKJ $61,000 Popelauan MW: 1,374 Famale:1,3w Total: 2,746 Population Data are adjusted by the DNaeminaffon Area Rego (33 %j. lack Lamund cnnrnWAty n,as: DwaWgftnf S ion stake, 19120 —M 9utkrh Coomb os. a Fp k 7a 61 i ®xlkla 7575 I 7a7A *69 6a V SSS9 I � I II � F 4549 Z 5535 � i 75 b alu � I 1S•19 sl l I I loo .so 709 w so �o0 7m too near kraa.ardaya.oymaow�w,olau.� 0",Paek�lyrMtlN j aiy67M Dafdaod.gn eansn.ograsrd�dy, &51NT gA1M December 12, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: City Solicitors Office Bureau de Pavocat municipal Re: Amendments to the Procedural By -Law At its meeting held on ,July 3, 2012, Common Council resolved as follows: "RESOLVED that the City Solicitor be directed to prepare a Procedural By -law amendment so as to make it expressly clear in section 3.10 of the By -Law that the two- thirds vote required is two - thirds vote of the entire Council, and that the City Solicitor be directed to prepare for Council's consideration that amendment and, in addition the Solicitor be directed to bring to Council's attention all provisions of the By -law which establish a two - thirds vote requirement and make any recommendation necessary so as to clearly establish in each case of reference to a two - thirds vote that it is either a two -third vote "of the entire council" or "of the members present and not disqualified from voting "." At its meeting held on August 12, 2013, Common Council resolved as follows: "RESOLVED that the Procedural By -law be amended so that during a Committee of the Whole meeting a Council member is limited to speaking on a main motion for a maximum of three minutes each time." At its meeting held on October 7, 2013, Common Council resolved as follows: SAINT JOHN P.O. Box 1971 CY. 1971 Saint John, NB Saint John, N. -B. Canada E2L 4L1 I Canada E2E 4L1 www.saintjohn.ca 223 Common Council December 12, 2013 "RESOLVED that as recommended by the City Manager in the submitted report Members comments on Council Agenda, Common Council direct staff to amend "A By -Law Respecting the Procedures of the Common Council of the City of Saint John" to clarify the purpose and intent of members comments section and to establish a speaking time limit of two minutes per Council member." The City draws its authority to enact a procedural by -law from section 10.3 of the Municipalities Act which provides that a municipality "shall enact a by -law to regulate the procedures of its council meetings and such by -law shall include those matters prescribed by regulation." Pursuant to section 10.3, the Legislature enacted Regulation 2004 -25 under the Municipalities Act which Regulation lists those things that shall be included in a procedural by -law. Such things include, but are not limited to, the day of the week and time on which regular meetings shall be held, the manner in which the public shall be notified, the order of the day for regular meetings of council, etc. A. July 3, 2012 - Resolution re two- thirds vote Currently, the Procedural By -Law provides for a two- thirds vote in at least five sections: sections 3.5, 3.10, 10.4, 17.1 and 17.3. Each of those sections respectively provide as follows: "3.5 Rules — suspension — alteration — 213 consent required Notwithstanding any other provision of this By -law, in the absence of any statutory obligation the rules and regulations contained in this By- Law may be suspended or altered for a single occasion with the consent of not less than two - thirds of the total membership of Common Council. 3.10 Motion to Rescind The motion can only be made by a member who voted with the prevailing side, requires a two- thirds vote for adoption and can be applied to the vote on any motion except a) an affirmative vote whose provisions have been partly carried out; b) an affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; c) any vote which has caused something to be done that it is impossible to undo. 224 Common Council December 12, 2013 10.4 Delegations /Presentations — requested — at meeting — majority consent No member of the public or representative of any group of persons will be permitted to address Council without the prior consent of two thirds of the total membership, other than persons entitled by statute to be heard or persons invited by notice authorized by Council, who have not been included in the agenda by the Clerk. 17.1 New business — consideration- requirements No member shall present any matter to Council for its consideration at a meeting unless: (a)the matter appears on the agenda for that meeting; or (b)it is in accordance with Sections 15.7 through 15.23 inclusive; or (c)Council by two thirds majority vote of the membership grants leave to include the matter on the agenda without prior notice. 17.3 Motion — not on agenda — staff request The Chief Administrative Officer, City Solicitor, Commissioner of Finance or Common Clerk of the Corporation may request that Council consider a matter not included in the agenda which calls for immediate and urgent consideration and Council, by a vote of two- thirds majority of the membershipl, shall determine whether or not to consider this matter." Section 3.10, dealing with rescission, seems to be the single instance when a two - thirds vote is to be calculated with reference to the members present as opposed to the membership of Council. In response to the July 3, 2012 resolution of council, and for certainty and consistency, we prepared an amendment which expressly stipulates, in every instance where a two - thirds vote is mentioned, that it is a two - thirds vote of the total membership of Council. B. August 12 2013 - Resolution re speaking limitation in Committee of the Whole Section 21.17 of the by -law currently provides as follows: "21.17 Speaking — to motion — once — until all spoken A member shall not speak more than once to a motion until every member who desires to speak has spoken once in Committee of the Whole." 225 Common Council December 12, 2013 The attached amendment deletes section 21.17 and replaces it with a new section 21.17 which maintains that there is no limit to the number of times a member may speak to a motion in Committee of the Whole, but which also imposes a limit of three minutes each time a member speaks to a motion. C. October 7 2013 — Resolution re members comments Section 8 of the Procedural By -Law requires that each regular Council agenda include eight standardized headings in a chronological order, with heading number 6 being "Members Comments ". In response to the October 7, 2013 resolution of the Council, the attached amendment defines at section 8.13 the "Members Comments" as being an opportunity for Council members to speak one time only and for a maximum of two minutes to make community announcements, congratulatory remarks or acknowledgements and this new section 8.13 specifically prohibits members, during Members Comments, from raising business matters. D. Housecleaning items The attached amendment includes a number of amendments to sections 10, 15 and 21 which change the submission deadline to the Clerk by members of the public and members of the Council for regular meetings and Committee of the Whole meetings to the Tuesday immediately before the Council meeting to comply with the intent of the most recent amendment to section 8 of the by -law in that respect. It is appropriate for Common Council to give the attached amendment first and second reading. Respectfully Submitted, Joh Nugent City Solicitor Enclosure 226 J atrick Woods, CGA City Manager BY -LAW NUMBER M -5 A LAW TO AMEND A BY -LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° M -5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors dune reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrdt6 ce qui suit : A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29t" day of November, A.D. 2010, is hereby amended as follows: 1 Subsection 3.10 is amended by adding the words "of the total membership of Council" immediately after the words "two- thirds vote ". Par les pr6sentes, 1'arret6 de The City of Saint John intitul6 << Arrete concernant le r6glement int6rieur du conseil communal de The City of Saint John », 6dict6 le 29 novembre 2010, est modifie comme suit: 1 Le paragraphe 3.10 est modifid par Padjonction des mots « du nombre total des membres du Conseil» immediatement apres les mots « des deux tiers o. 2 Section 8 is amended by adding the following 2 L'article 8 est modifid par Padjonction de immediately after subsection 8.12: cc qui suit immediatement apres le paragraphe 8,12: "8.13 Members Comments — Limitation. During the "Members Comments" order of business on the agenda, each member may, one time only and for a maximum of 2 minutes, speak to make community announcements, congratulatory remarks or acknowledgments, but he shall not raise business matters." 3 Subsection 10.1 is amended by deleting the word "Thursday" immediately after the words "prior to 4:00 pm on the" and replacing it with the word "Tuesday ". 4 Subsection 10.3 is amended by deleting the word "Thursday" immediately after the words "prior to 4:00 pm on the" and replacing it with the word "Tuesday ". 5 Subsection 15.24 is amended by deleting the word "Thursday" immediately after the words "not later than 4:00 pm on the" and replacing it with the word "Tuesday ". << 8.13 Commentaires pr6sentes par les membres — limitation Durant la partie << Commentaires pr6sentes par les membres >> a l'ordre du jour, chaque membre pout intervenir une fois seulement et pour une duree maximale de 2 minutes, pour faire des annonces communautaires, pour offrir des felicitations ou des remerciements, mais it ne soulevera pas d'affaires municipales. >> 3 Le paragraphe 10.1 est modifi6 par la suppression du mot «jeudi» imm6diatement apres les mots << avant 16 h le >> et son remplacement par le mot << mardi >>. 4 Le paragraphe 10.3 est modifie par la suppression du mot « jeudi >> immddiatement aprds les mots o avant 16 h le >> et son remplacement par le mot « mardi >>. 5 Le paragraphe 15.24 est modifie par la suppression du mot « jeudi >> immediatement apres les mots << avant 16 h le » et son remplacement par le mot << mardi >>. 227 6 Subsection 17.1 is deleted and replaced with the 6 Le paragraphe 17.1 est supprime et remplac6 following : par ce qui suit : " 17.1 New business — consideration - requirements No member shall present any matter to Council for its consideration at a meeting unless : (a) the matter appears on the agenda for that meeting; or (b) it is in accordance with Sections 15.7 through 15.23 inclusive; or (c) Council by two- thirds of the total membership of Council grants leave to include the matter on the agenda without prior notice." << 17.1 Nouvelles activites -- examen — exigences Lors des r6unions, aucun membre de doit presenter au couscil des questions aux fins d'examen a moins que : (a) La question ne figure a l'ordre du jour de cette r6union; ou (b) La question ne soit conforme aux articles 15.7 a 15.23 inclusivement; ou (c) Le conseil, par le deux tiers du nombre total de ses membres, n'autorise l'inclusion de la question A l'ordre du jour sans preavis. >> 7 Subsection 17.3 is deleted and replaced with the 7 Le paragraphe 173 est supprim6 et remplac6 following : par ce qui suit : "17.3 Motion. — not on agenda — staff request The Chief Administrative Officer, City Solicitor, Commissioner of Finance or Common Clerk of the Corporation may request that council consider a matter not included in the agenda which calls for immediate and urgent consideration and Council, by a vote of two- thirds of the total membership of Council, shall determine whether or not to consider this matter." 8 Subsection 21.2 is amended by deleting the word "Friday" immediately after the words "received in each case on the" and replacing it with the word "Wednesday" 9 Subsection 21.3 is amended by deleting the word "Friday" immediately after the words "by the Chief Administrative Officer, on the" and replacing it with the word "Wednesday ". 10 Subsection 21.5 is amended by deleting the word "Thursday" immediately after the words "not later than 4:00 pm on that" and replacing it with the 17.3 Proposition — non- inscrite a l'ordre du jour — demande du personnel Le directeur general, I'avocat municipal, le commissaire aux finances ou le greffier communal/la greffi6re communale de la Corporation peuvent demander que le conseil examine une question non - inclose A l'ordre du jour et exigeant un examen immediat et urgent, au moyen du vote des deux tiers du nombre total des membres du conseil qui d6termineront 1'examen ou non de cette question. >> 8 Le paragraphe 21.2 est modifi6 par la suppression du mot «vendredi » immediatement apres les mots << avant 16 h le >> et son remplacement par le mot << mercredi >). 9 Le paragraphe 21.3 est modifi6 par la suppression du mot «vendredi » immediatement apres les mots << les reroivent toujours le >> et son remplacement par le mot << mercredi >>. 10 Le paragraphe 21.5 est modifie par la suppression du mot « j eudi >> imm6diatement apres les mots << au plus tard A 16 h le » et son 228 word "Tuesday ". remplacement par le mot << mardi ». 11 Subsection 21.16 is deleted and replaced with 11 Le paragraphe 21.16 est supprime et the following: remplace par ce qui suit: "21.16 Speaking — Limitation There is no limit to the number of times a member may speak to a motion in Committee of the Whole, however each time a member speaks to a motion, he shall only speak for a maximum of 3 minutes." 12 Subsection 21.22 is amended by deleting the word "Thursday" immediately after the words "prior to 4:00 pm on the" and replacing it with the word "Tuesday ". 13 Subsection 21.23 is amended by deleting the word "Thursday" immediately after the words "prior to 4:00 pm on the" and replacing it with the word "Tuesday" 14 Subsection 21.26 is amended by deleting the word "Thursday" immediately after the words "by 4 :00 pm on the" and replacing it with the word "Tuesday ". 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 A.D. 2013 and signed by: Mayor /Maire o 21.16 Intervention — limitation Un membre peut s'exprimer sur une proposition autant de fois qu'il ou elle le vent en Comit6 plenier, toutefois chaque fois qu'un membre s'exprime sur une proposition, it ne s'exprimera que pour une dur6e maximale de trois minutes. >> 12 Le paragraphe 21.22 est modifi6 par la suppression du mot «jeudi» immddiatement apres les mots << avant 16 h Ie >> et son remplacement par le mot << mardi ». 13 Le paragraphe 21.23 est modifi6 par la suppression du mot o jeudi >> iminddiatement apres les mots << avant 16 h le )> et son remplacement par le mot o mardi >>. 14 Le paragraphe 21.26 est modifi6 par la suppression du mot « jeudi» immediatement apres les mots a avant 16 h le >> et son remplacement par le mot « mardi ». EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2013, avec les signatures suivantes : Common Clerk / Greffier communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 229 REPORT TO COMMON COUNCIL 20 December 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2014 General Fund Operating Budget — Revisions Revisions Subsequent to the meeting of December 16, 2014 staff determined that the debt service costs can be reduced by $132,000. Based on the input from Council the following adjustments are recommended for consideration; • That $40,000 be allocated to a Grass Median Maintenance program that focuses on the upkeep of main thoroughfares in the city. A detailed work plan with identified service levels would be developed for implementation. Individual property owners should also be encouraged to keep medians in front of their properties mowed and clean in order to improve the overall appearance of our community; • Given the need to address the enduring levels of poverty in our community that that the LivingSJ project funding be increased by $7,500 to $15,000 to support the full development of a Comprehensive Social Strategy for our community; • That the ProKids budget be increased by $4,000 to retain the current 2013 funding level; • That $80,000 be allocated to the Safer School Zones initiative. Although exactly what would be done in all three school zones (Bayside, Bayview and Prince Charles) will depend on consultation with the schools' Principals, an additional $80,000 would allow Traffic Services to: 1. Investigate the appropriateness of lowering the speed limit within school zones of the three schools and recommend to Council, if appropriate, to implement the lowered speed limits. 2. Install at all three schools two radar speed signs (one in each direction) to advise motorists if they are speeding in the school zone. 3. Install a pedestrian activated signalized crosswalk with overhead illuminated signs and flashing amber beacons that meets Transportation Association of Canada (TAC) guidelines for Bayside and Prince Charles. Expenditure Control While it must be recognized that wage increases for public safety occupations will be awarded in future years and often these wage costs are determined by third party arbitrators, the City does not have the financial capacity to continue to absorb 230 unrestrained increases in wage costs. In fact, the largest portion of the Police and Fire Service budgets are personnel costs. However, these departments are limited in their ability to manage these costs effectively (no layoff, arbitrated wage settlements, seniority provisions etc) in the short-term. Any significant change in staffing models, deployment, overtime etc will require sufficient advance notice in order to be successfully implemented. Advance notice will provide a full year for each affected service area to innovate, adapt and make permanent adjustments to expenditure /staffing/service levels etc. Likewise, the City is called upon to fund a number of agencies that fall under the jurisdiction of the Regional Facilities Commission (Harbour Station, Aquatic Centre, Imperial Theatre, Arts Centre and Trade and Convention Centre) or the Regional Services Commission (Crane Mountain). Once these two Commissions determine the level of funding support, the City is obligated by statute to provide the approved level of funding to each individual agency. It is proposed that Council consider a formal policy that would cap expenditures for the Police Commission, the Fire Service, the Regional Facilities Commission and Regional Services Commission at 2014 levels for the ensuing one or two years. In some instances this will be a significant operational challenge if wage increases are unrealistic. However, adopting such a policy in early January of 2014 will provide each affected agency a full year to determine how to best plan to absorb the expenditure cap. Council should also consider similar forward looking expenditure controls for other City service areas however some caution /flexibility must be exercised in terms of the expenditure targets so that our strategic priorities can be acted upon. Staff would be required to prepare a formal policy framework with a multi -year financial analysis to establish the particulars and determine the anticipated financial impact. This could be presented to Council in January of 2014. During the course of 2014 Council should also undertake a review of key departmental services and service levels (similar to that used for bylaw enforcement), as opposed to just considering spending levels, and make specific policy decisions on which services should be kept/eliminated/increased/decreased. Respectfully submitted, Matrick Woods, CGA CITY MANAGER 231 20/12/2013 City of Saint John Summary of Committed Funds Based on 2014 Annual Budget 232 Page 1 of 2 2013 Percentage 2014 Percentage Budget of Budget Budget of Budget Wages & Benefits 49,435,731 33.422% 50,603,312 34.014% Fiscal charges Debenture Interest 4,645,626 3.141% 4,758,790 3.199% Debenture Principal 10,268,667 6.942% 9,228,000 6.203% 14,914,293 10.083% 13,986,790 9.401% Transit Funding Debenture Interest 623,921 0.422% 502,752 0.338% Debenture Principal 1,267,000 0.857% 1,223,000 0.822% Operating subsidy 4,977,070 3365% 5,292,928 3.558% 6,867,991 4.644% 7,018,680 4.718% Pension payments 10,020,080 6.774% 9,970,080 6.702% LTD Payments 1,780,743 1.204% 1,672,243 1.124% Police Commission 22,777,842 15.399% 23,743,517 15.960% DMO Funding 845,000 0.571% 925,000 0.622% Fleet usage 4,133,023 2.794% 4,321,843 2.905% Fleet fuel 1,182,437 0.799% 1,245,869 0.837% Regional facilities Harbour Station 384,390 0.260% 451,618 0.304% Aquatic Centre 194,617 0.132% 322,070 0.216% Trade & C C 536,576 0.363% 534,367 0.359% Imperial Theatre 337,039 0.228% 339,322 0.228% Arts Centre 74,822 0.051% 85,171 0.057% 1,527,444 1.034% 1,732,548 1.165% 232 Page 1 of 2 City of Saint John Summary of Committed Funds Based on 2014 Annual Budget Market Square Common Area City Hall Building Liability Insurance Asessment Fee Water Supply Fire Hydrants City Market Library Contracted services recereation Boys & Girls Club YMCA -FGCC /MCC North End Community Centre Regional Economic Development Industrial Parks SJ Development Corp & Waterfront Development Street Lighting Sum of other operating costs Total 2013 budget 2013 Budget 2,273,352 1,979,795 596,700 1,285,071 2,270,000 937,265 456,230 Percentage of Budget 1.537% 1.338% 0.403% 0.869% 1.535% 0.634% 0.308% 2014 Budget 2,306,226 1,716,511 615,500 1,278,852 2,340,000 941,307 458,130 20/12/2013 Percentage of Budget 1.550 % 1.154 % 0.414% 0.860% 1.573% 0.633% 0.308% 124,236 0.084% 126,100 0.085% 166,703 0.113% 169,097 0.114% 30,000 0.020% 158,194 0.106% 475,000 0.321% 475,000 0.319% 300,000 0.203 % 300,000 0.202% 280,000 0.189% 300,000 0.202% 1,075,350 0727% 1,096,857 0.737% 125,734,286 85.005% 85.703% 127,501,656 22,180,172 14.995% 21,270,524 14.297% 147,914,458 100.000% 148,772,180 100.000% 233 Page 2 of 2 City of Saint John 2013 2014 2014 Budget Summary Approved Proposed Growth & Development Community Planning & Development. Service 1,586,837 1,633,309 Development Engineering 361,523 397,531 Geographic Information Systems 311,563 322,225 Heritage Conservation 300,994 308,023 Permitting & Inspection Service 993,679 994,678 By -Law Enforcement Service 953,885 992,369 Dangerous and Vacant Building Program 476,692 420,660 Minimum Property Standards Program 237,671 295,077 Other By -Laws 156,779 193,889 Animal Control 82,743 82,743 Tourism Service 845,000 925,000 Destination Marking Organization 845,000 925,000 Economic Development Service 2,333,231 2,402,292 Regional Economic Development (Enterprise) 475,000 475,000 Saint John Trade and Convention Center 536,576 534,367 Harbour Station 384,390 451,618 City Market 937,265 941,307 Urban Development Service 2,553,352 2,606,226 Sointlohn Development Corporation 160,000 175,000 Waterfront Development Corporation 120,000 105,000 Waterfront Development- Property Tax 20,000 Market Square - Common Area 2,273,352 2,306,226 Industrial Parks Development Service 300,000 300,000 Saint John Industrial Parks 300,000 300,000 Neighbourhood Improvement 705,692 724,131 Community Development 316,053 298,276 Neighbourhood Development 202,250 202,250 Play 5J- Community Driven Grants 40,000 Loch Lomond Community Center (St Joseph's) 45,000 45,000 Ability Advisory Committee 1,523 1,523 Recreation Community Groups 30,450 30,450 P.R.O. Kids 110,416 106,632 Community Development Service Grants 666,765 895,630 Pavilion Cup 2,500 2,500 Cherry Brook Zoo 60,035 60,000 Library 456,230 458,130 Seniors Citizen Centre Rent 41,000 41,000 Human Development Council 35,000 35,000 Human Development Council Rent 16,000 16,000 PRUDE Rent 52,000 52,000 Seafarer's Mission 1,000 1,000 Senior Resource Center 3,000 3,000 Saint John Hotel Association 50,000 Living SJ 7,500 Clean Cart Program 201000 Non Profit Housing Conference 1,500 YMCA Permit fees 234 148,000 20/12/2013 1 of 4 20/12/2013 City of Saint John 2013 2014 2014 Budget Summary Approved Proposed Recreation, Parks & Cultural Programming 1,513,071 1,526,103 Recreation Programming 1,083,155 954,395 Contract Service - Boys & Girls Club 124,236 126,100 Contracted Service - YMCA -FGCC /MCC 166,703 169,097 North End Community Centre (One Change) 30,000 158,194 Cultural Affairs 108,971 118,317 Arts & Culture Grants & Other Funding 560,861 590,993 Imperial Theatre 337,039 339,322 Saint John Arts Center 74,822 85,171 Arts and Culture Board 35,000 35,000 Public Art - Maintenance and Repair Budget 15,000 10,000 Jazz and Blues Festival - Salty lam 20,000 20,000 SaintJohn Theatre Arts 10,000 10,000 Festival de la Saie Francois 4,000 4,000 Fundy Fringe Festival 5,000 5,000 New Year / Canada Day Celebrations 15,000 15,000 Remembrance Day Ceremonies 2,000 2,000 NB Historical Society - Loyalist House 10,000 10,000 Unspecified Grants 28,000 23,000 Stone Hammer Geopork 25,000 Sculpture Symposium 5,000 7,500 Total Growth & Development Services 13,986,453 14,618,509 Fire Services 20,123,989 21,225,986 Fire Rescue and Suppression 18,906,109 19,943,462 Medical First Responder 86,000 81,500 Hazardous Materials Emergency Response 120,767 127,530 Technical Rescue Response 62,947 57,794 Fire Prevention 927,111 941,030 Fire Investigation 21,055 74,670 Water Supply and Hydrants 2,270,000 2,340,000 Emergency Management Service 325,421 262,671 Police Services 25,269,695 26,236,696 Police Operations 20,935,007 21,890,682 Police Headquarters 1,160,980 1,185,980 Crosswalk Guards 183,855 183,855 Detention 498,000 483,000 Public Safety Communications Centre (PSCC) 2,491,853 2,493,179 Street Lighting 1,075,350 1,096,857 Total Public Safety Services 49,064,455 51,162,211 235 2 of 4 20/12/2013 City of Saint John 2013 2014 2014 Budget Summary Approved Proposed Roadway Maintenance Service 14,861,415 13,157,996 Snow Control Streets 5,000,889 4,943,304 Street Cleaning 1,749,414 1,884,624 Street Services (Surface Maintenance) 8,111,112 6,330,068 Sidewalk Maintenance Service 1,560,490 1,492,555 Snow Control Sidewalk 893,257 902,200 Sidewalk Maintenance 667,233 590,356 Pedestrian & Traffic Management Service 1,684,800 2,079,052 Storm water Management 3,366,348 3,163,916 Solid Waste Management 3,568,529 3,545,746 Engineering 541,451 494,762 Parks & City Landscape 2,729,268 2,926,065 Parks Maintenance 2,237,921 2,469,319 Lifeguards 147,720 117,720 Urban Forestry 258,627 269,026 Mispec 45,000 30,000 Saint John Horticultural Association 40,000 40,000 Sports & Recreation Facilities Service 3,659,644 3,806,075 Arena Operation & Maintenance 1,442,420 1,507,139 Sports field Operation & Maintenance 1,325,655 1,222,834 Other Facility Operation & Maintenance 362,130 410,210 Minor Hockey Subsidy 165,000 169,000 Aquatic Clubs 15,822 15,822 Lord 8eaverbrook Rink 154,000 159,000 Aquatic Centre 194,617 322,070 Parking Service 560,379 560,379 Transit Service 6,867,991 6,886,723 Total Environment & Transportation Services 39,400,315 38,113,269 Financial Management Service 3,247,518 3,112,776 Finance 1,962,447 1,833,924 Assessment 1,285,071 1,278,852 Asset Management 6,641,116 6,745,192 Purchasing & Materials Management 971,819 1,454,246 Insurance 157,977 270,393 Liability Insurance 608,700 615,500 Fleet 1,081,302 1,264,001 Facilities Management 1,031,337 1,087,418 Carpentry Shop 438,876 440,775 City Hall Building 1,979,795 1,716,511 Real Estate 371,310 296,348 Total Finance and Administrative Services 9,888,634 9,857,968 236 3 of 4 20/12/2013 City of Saint John 2013 2014 2014 Budget Summary Approved Proposed Human Resources 1,428,037 1,515,131 Corporate Planning 499,585 457,945 Intergovernmental Affairs 148,658 152,876 Corporate Communications 521,505 527,324 Information Technology 2,087,058 2,136,094 Total Strategic Services 4,684,843 4,789,370 City Manager Regional Service Commission Legal Common Clerk Mayor & Council Mayor's Office Council 401,268 521,441 42,054 53,226 703,834 735,720 735,400 657,023 585,785 588,445 183,305 185,895 402,480 402,550 Total Legislated Services 2,468,341 2,555,855 Total Budget (Expenditures) 147, 914,458 148,772,180 237 4of4 Other Fiscal Charges 15,938,984 16,032,675 LTD Payments 1,780,743 1,672,243 LTD Premiums 681,610 - Pension 10,020,080 9,970,080 Total Other Charges 28,421,417 27,674,998 Total Budget (Expenditures) 147, 914,458 148,772,180 237 4of4 REPORT TO COMMON COUNCIL December 16, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: SUBJECT: 2014 General Fund Operating Budget E: The City= of Saint John The purpose of this report is to submit the 2014 General Fund Operating Budget for CounciI's consideration. The annual operating budget contemplates a stable tax rate of $1.785 with gross expenditures of $148,772,180 an increase of one half of one percent over 2013. The expenditures will be funded by property tax revenues of $117,667,569, a grant transfer from the Province of $19,599,548 and various non -tax revenues of $11,374,699. The revenues available to the City for service delivery have remained essentially unchanged from the previous year while inflationary and contracted costs will increase. In practical terms, this requires a thoughtful and balanced approach to allocating the available resources to those areas most beneficial to the community. The budget continues to respond to the community priorities (roads, recreation, development) established by Council at the outset of their mandate and recently confirmed during a strategic planning session. There is also a deliberate focus on strategic initiatives that will have a lasting and positive impact on the community in future years (P1anSJ, P1aySJ, ZoneSJ, True Growth 2.0). Stable Tax Rate Council has expressed an ongoing interest in implementing a sustainable reduction in the property tax rate. A one -time reduction in the property assessments for two mills located in the City has had a negative impact on our property tax revenues and precludes a tax rate reduction in the current year. The assessment reductions for the mills, while significant, are not part of longer term downward trend in the City's tax base. There remains considerable optimism that planned developments will yield real growth in the tax base over the next few years. Given the one time nature of the assessment base decline, this budget seeks to avoid an adverse impact on priority services without implementing a tax rate increase. 238 2014 Operating Budget 1211312013 Transportation — Road, Curb and Sidewalk Improvements Improved road, curb and sidewalk infrastructure benefits the entire community. The City has achieved tangible progress during 2013 and a similar level of service will continue for the coming year. Total funding provided between the operating and capital budgets for expenditures for road maintenance, repair and reconstruction is set at a combined $6.7M and curb and sidewalk maintenance, repair and reconstruction will be at a combined $1.25M for 2014 . It is projected that this level of expenditure will result in improvements to 76.5 lane km of roads and move the City even closer to achieving the PCI goal o:f`77.5 while replacing up to I lkms of asphalt curb and 5kms of asphalt sidewalk with concrete. Transportation Strategic Plan A comprehensive and fully integrated transportation plan is an essential tool for the safe and efficient movement of people and goods in our community. The construction of the One -Mile House Interchange, growth in our Industrial Parke, the extensive commercial development in East Saint John and the potential for major new industrial activity in our community all point to the need for an up to date Transportation Strategic Plan to guide the future development of our road network to ensure that it readily meets community and business needs for the next 15 -20 years. Funding has been included in the 2014 budget to initiate the development of the Strategic Plan. The balance will be pro -tided for in t e'2015 budget. Economic Development Initiatives The 2014 budget retains Council's commitment to renewed economic prosperity and an integrated approach to economic development in order to contribute to the long -term sustainaility of our community. The City will continue to partner with its agencies, boards, commissions, our citizens, corporate and community organizations, and other levels of government in an effort to achieve Council's priorities and support the successful implementation of True Growth 2.0. Funding is provided to support Enterprise Saint John's ($475,000) leadership role in the implementation of the True Growth strategy. As well, the budget allocates $3010,000 to continue the Saint John Waterfront DeveIopment's ongoing efforts to initiate the redevelopment of the former Coast Guard site and to continue general improvements on harbour Passage. Both projects support revitalization of the uptown area. Tourism activity has immediate direct and indirect economic benefits to our community and our region. The budget allocation for Saint John's destination marketing organization, operating as Discover Saint John, will increase by $80,000 as per the terms of the contract to pursue active promotion of the City as a tourist destination. Page 21 239 2014 Operating Budget 1211312013 Convention participants generate business for hotels, restaurants, taxis, bars and retail shops. The 2014 budget also allocates $534,000 towards the operating costs of the Trade and Convention Centre and an additional $450,000 is set aside in the capital budget to support the second phase of facility improvements needed to remain competitive in the convention market. The City has considerable existing infrastructure that gives it a strategic advantage in its ability to attract major sporting and entertainment events. The Inside Connection, the Trade and Convention Centre, a full Olympic swimming pool, Harbour Station, the Canada Games Stadium and a range of other venues are readily available. Hosting major events bring broad based economic spin -offs in the form of new jobs and new investment to the hospitality and transportation sectors in our region. In order to realize these benefits it is essential that the City adopt a forward looking strategic approach to developing this market. It is proposed that an additional $50,000 be contributed to a partnership with the Hotel industry to begin an aggressive and coordinated program to secure major events for the community. It is also proposed that this amount be increased by $25,000 increments in each of the next two years in partnership with the private sector so as to realize the full benefits of this initiative. Our industrial parks offer a cost effective and convenient location for a range of small and medium sized businesses as well as heavy industry in our region. The availability of development ready sites is a key business attraction and expansion tool. The budget provides $300,000 in operating fund-, to support continued development of the Spruce Lake and McAllister Industrial Darks by Saint John Industrial Parks. The City will also continue to advance the establishment of a One -stop Shop approach to facilitating local development opportunities. Three service areas (planning, building inspection, infrastructure) have now been combined and. a dedicated staff team assigned to support this initiative. An active consultation process is currently underway with the development community to identify process improvements that can streamline and improve predictability of the development approval process. Finally, the City will be working with our economic development partners in 2014 to create a capital assessment tool that will help prioritize strategic economic development investments within our community. All three levels of government and the private sector are currently operating in an environment of fiscal constraint, and it is critical that new economic development investments and initiatives be assessed using an objective merit -based evaluation system that focuses on our community's current priorities and greatest needs. The outcomes from this process will better support a coordinated community approach with respect to the pursuit of required external funds for priority economic development projects or initiatives. Recreation — Facility Improvements Council identified the need for strategic neighbourhood projects and investment in our recreation facilities as a priority. Phase 2 of the full re- development of the Nick Nicole Community - - -- Page 31 240 2014 Operating Budget 1211312013 Centre in the North End will be completed in 2014 with increased funding to be provided to support a community based partnership with One Change. This is a significant transition as a neighbourhood community group takes a leadership role in the operation of a community centre. The City will also be partnering with the private sector to develop an artificial turf field at Shamrock Park. The availability of an artificial turf will not only expand the number of competitive uses for the field but will also lengthen the season available for the use of the field. This will open new recreational and sport opportunities for the entire community. Recreation - PIaySJ Council identified the need for a strategic recreation plan that would allow for the delivery of quality recreation programs, facilities and services. PlauSJ has now been adopted as the policy foundation for our recreation services and implementation will begin in 2014. The budget provides for the following initiatives as part of the PIaySJ implementation; • Implementation of a new staffing model in Growth and Community Development Service to support transition from a direct recreation program delivery to a community development /partnership approach. • A new community special event called "Passport to Parks" to showcase and increase citizen awareness about and activity in the City's signature parks such as Rockwood Park, Dominion Park and Little River Reservoir. • Implementation of a Civic pride campaign to promote community based clean -up and adopt a park programs to create opportunities for citizens to become actively involved in volunteering to beautify their neighbourhoods. To support these efforts, it is proposed that the City work with private sector partners to acquire a fully equipped Community Clean -up Trailer that can be made available to community groups interested in cleaning up a neighbourhood lot or improving a local park or playground. A properly equipped trailer will permit scheduling, effective use of volunteer resources, create a sense of community pride, and ensure that a sustainable program can be mounted. • Design of a new recreation service delivery model in the Crescent Valley area in coordination with the decommissioning of the Somerset Centre and construction of a new YMCA to avoid duplication of effort, P1anSJ P1anSJ is a foundational strategy that establishes a clear direction for long -term positive growth and development in Saint John. With the adoption of our new Municipal Plan, the City will focus on implementation of these policies through the development of a new Subdivision Bylaw and Zoning Bylaw to modernize our development framework and promote quality development that -- - -Page 41 241 2014 Operating Budget 1211312013 aligns with the directions of P1anSJ. Integrated development support will be provided for major projects such as the redevelopment of the Coast Guard site. It is anticipated that a new Zoning Bylaw will be available by mid -year 2014 with a new Subdivision Bylaw in place by the end of 2014. These bylaws will not only simplify the approval process but also provide greater certainty and clarity to the development community when planning their projects. Work will also begin in scoping the neighbourhood planning program to support delivery of the first neighbourhood plan in 2015. The department will continue to support implementation of key Strategic Plans identified in P1anSJ including the True Growth 2.0 Economic Strategy, P1aySJ and the Transportation Master Plan, Public Safety Initiatives A safe community is an essential element in the future prosperity of our community. The existing industrial nature of the City combined with the potential for a number of other energy related developments necessitates that City fire forces be property equipped and trained in order to respond to emergency incidents in a timely, efficienIt and effective manner. The loss of commercial or industrial properties can have a real economic impact on our community including a reduction in our tax base and the loss of employment. The fire service will move forward with the establishment of a Fire Training Campus in partnership with a number of local industrial partners_ This training facility will better ensure an effective and efficient response by our firefighters and industry first responders and reduce the risk of loss in our community. Fire Service revenue has grown from $160,000 in 2010 to a sustained revenue stream of $370,000 to $400,000 in 2014 as a result of extending the departments training programs to the private sector. Furthermore, training revenue is expected to continue to increase in 2015 and beyond as industry and other emergency response services identify the new fire training campus as a centre for attaining and maintaining emergency response competence. These cost recoveries reduce the net cost of fire sen -ice in the community, improve fire response readiness and provide a cost - effective training alternative to industry. A new Fire Service By-Law will be before Council in January /February. In addition, as a follow up to the Core Sery�;e Review results, we will be introducing a Fire Service Policy document that will include a "Standard of Response" policy which identifies service expectations across the various types of emergencies within and outside the Primary Development Area. Our EMC) service will also be conducting a number of field/table top exercises during 2014 to ensure that a coordinated and effective community response can be mounted in the event of a major emergency situation. Part year funding has been provided for a permanent EMO coordinator position and efforts will be made to secure supplementary funding to cover the cost of this position. _._ Page 51 242 2014 Operating Budget 1211312013 It is essential that the people who consider Saint John as a place to live, work or invest know they can do so in a safe and secure environment. The Saint John Police Force will continue to apply its intelligence led policing initiative in order to not only solve crime but as a highly efficient tool for crime prevention. The total budget allocation of $23,743,517 includes the cost of cross walk guards and building_ occupancy. The City will also allocate $2,493,179 to the cost of operating the PSCC (911 service). The SJPF will be commencing the 2014 -2017 $trategie Planning process, which will include a survey (Ipsos Reid), consultation with citizens, internal and external stakeholder engagement and consideration of Police Board priorities. The Strategic direction may include but not limited to: Cameras (C.C.T.V. Crime Prevention/Reduction), Citizens Online Crime reporting, Leadership Dev., and other initiatives and /or priorities corrxmnensurate with budget expectations and alignment. The department will also generate approximately $,910k in revenue from the sale of services and temporary officer assignments to offset operating costs. The cost of providing crossing guards ($170k) will be transferred to our Municipal Operations department during 2014 to be better recognized as a traffic control measure. Public Transit The City will contribute $5,160;078 to support the operation of Saint John Transit which represents an increase of $183k ovor 2013 as well as an additional $1,858,602 in debt payments during the coming year.. The capital budget will also provide for the purchase of 2 new buses which will help to maintain the quality of service and reduce maintenance expenses. Expenditure Control The increased cost of liability insurance premiums and insurance claims are expensive requirements for the City of Saint John. The market for municipal insurance is very narrow given the many inherent risks and renewal costs are expected to increase significantly. Council has recently adopted a new risk management policy. Implementation of this policy will assist in reducing claims in future years and will bring with it corporate wide attention to loss prevention and control. It is anticipated that the program costs will be recovered within the first year of implementation. The City has taken over responsibility for LTD benefits from the former pension board with annual payments of approximately $1.67M. An independent case review will be conducted during 2014 to assess continued eligibility for benefits. In 2013, the City paid $1.74M in property taxes to the Province of NB. Staff will undertake a detailed review of the 2014 provincial property assessments to ensure the values are fair and Page 243 I 2014 Operating Budget 1211312013 equitable. As well, a planned bi- annual citizen survey while beneficial is not essential and has been eliminated from the budget for the coming year. In addition, the annual corporate budget for overtime costs has been reduced by $XXX,000 following a $500,000 reduction in 2013. While over -time costs can be managed to a point, it must also be recognized that situations may arise that necessitate a service response. Debt Management The City will allocate $14,873,000 towards annual principle and interest payments. This represents a projected debt ratio of approximately 10 percent for 2014. The debt ratio is well within accepted standards and the City will continue to manage its borrowing costs so as not to be over - exposed to the anticipated interest rate increases in future years. New borrowing for capital expenditures will be commensurate with our long -term debt capacity. Community Support The need for policies and programs that support the creation of a livable community with diverse and accessible opportunities to engage in arts, culture and recreation opportunities is identified in Council's priorities. The table below sets out some of the key investments in activities, events, neighbourhoods and cultural and recreational activities for the coming year; Agency 2013 Funding 2014 Funding Pro Kids $110,416 $106,632 Library 456,230 458,130 Imperial Theatre 337,039 339,322 Arts Centre 74,822 85,171 Arts & Culture Board 35,000 35,000 Fundy Fringe Festival 5,{}D0 5,000 Festival de =la Baie 4,000 4,000 Sculpture Symposium n/a 7,500 Jazz and Blues festival - Salty Jam 20,000 20,000 SJ Theatre Arts _ 10,000 10,000 Pavilion Cup 1 2,500 2,500 Cherry Brook Zoo 60,035 60,000 Aquatic Centre 194,617 322,070 Harbour Station 384,390 451,618 New Year /Canada Day 15,000 15,000 City Market 937,265 941,307 Lord Beaverbrook Rink 154,000 159,000 LivingSJ n/a 7,500 Given the challenging financial position of the City it was not possible to respond favourably to the many funding requests submitted to the City this year. The extensive demand and limited resources also pointed to the need for a more formal Grant Distribution Policy for the City of _ Page 7_1 244 2414 Operating Budget 1211312013 Saint John to best ensure that citizen tax dollars are being applied to those programs that yield the most benefit to the community. It is proposed that a structured policy be developed during 2014 to be applied in the 2015 budget year. This approach will sustain current activities and funding levels for existing programs while still allowing sufficient time for community organizations to adapt to a more formal and rigorous funding program in the ensuing year. This policy will be inclusive of all community based operating grants provided by the City and will not only enable improved access but also foster improved accountability and return on investment for the community as a whole. The City will continue to fund the Neighbourhood Development Stimulation Grant program ($152,250) which targets community based initiatives in high priority neighbourhoods, builds local capacity and leverages community funding and volunteer participation to deliver local services. The City will also contribute ($106,632) to the Pro -Kids program in order to facilitate the participation of 700 plus disadvantaged youth in healthy recreational, sport and cultural activities. This investment leverages matching private sector sponsorship, with additional revenue opportunities to be investigated in 2014. The City will continue reinvestment in heritage through the Heritage Incentives Program ($90,000) for heritage properties and ads and cultural investments through annual Art and Culture Grants ($35,000) program. Financial and in -hind support for the Sculpture Symposium and completion of the Shards cif Time public art installation on the waterfront are also planned for 2014. Information Technology Our City's information and communications systems are required to support our public safety and core municipal service operations on a year- round, 2417 basis. In 2014 the City will continue to re- invest savings in voice and data communications costs into new network services for community centres and public spaces, including an expansion of free WM in the uptown.. Expanded Information Technology (IT) services will also include support for the safe, clean drinking water initiative and the planned introduction of Crowdsourcing, Community Funding and Open Data policies and systems. The IT Group is also working closely with our Agencies, Boards and Commissions, including the Saint John Police Force and the Discover Saint John, to identify new outsourcing and revenue generating opportunities. These opportunities will contribute to the overall sustainability of our City's IT infrastructure and systems, with an increasing focus on process improvement, information and data management and evidence -based decision making. Strategic Services 245 Page 81 2014 Operating Budget 1211312013 The 2014 budget includes plans to launch AdvanceSJ, a new corporate strategic plan for the City of Saint John. It is an essential management tool designed to ensure every employee understands and contributes to Council's strategic priorities. As a result, the organization can collectively focus on achieving these priorities while maintaining the City's core services and demonstrating the best possible value for our citizens. Through AdvanceSJ and using existing operating budget allocations, there will be a renewed focus on our people, processes and public accountability in 2014, including the introduction of an Annual Report for the City of Saint John, an expansion of the service -based budget methodology, enhanced customer service strategies, and a commitment to continuous improvement. Funding has also been included to meet our contracted obligations under our various collective agreements. Negotiations will begin in 2014 to renew these collective agreements with our workforce. It is essential that tangible progress be made to support a more flexible, responsive and productive workforce. 2014 Establishment The establishment represents the total number of full -tim—e permanent positions included in the annual operating budgets of both the Water Utility and General Fund. The 2014 establishment for the City of Saint John is set at 651.5 positions. Conclusion A commitment to a stable tax rate, combined with an increase in operational costs with an overall decline in the City's tax base necessitated careful consideration of the types and levels of expenditure for a range of services and programs. Total expenditures are projected to increase approximately one-half of one percent for the coming year. The focus of the 2014 Operating Budget is a substantial commitment to fulfilling Council's priorities. Significant investments in roads, recreation and economic development are included in both the operating; and capital budgets. The budget also targets key strategic initiatives (PlanSJ, P1aySJ, ZoneSJ, True Growth 2.0) that will bring long -term benefits to the community. These investments are supported by expenditures in arts and culture, community activities, regional facilities and fire and police services aimed at creating a safe, livable community. Recommendation It is recommended that Common Council approve the 2014 Operating Budget for the General Operating Fund and adopt the following resolutions: Therefore be it resolved: 246 Page 91 2014 Operating Budget 12/1312013 1. That the sum of $148,772,180 be the total operating budget of the City of Saint John for 2014; 2. That the sum of $117,667,569 be the Warrant of the City of Saint John for 2014; 3. That the tax rate for the City of Saint John be $1.7850; 4. That Common Council orders and directs the levying by lie Minister of Environment and Local Government of said amount on real property liable to taxation under the Assessment Act within the City of Saint John; 5. That Common Council authorize the Commissioner of Finance and Administrative Services to disburse, at a time acceptable to him, to the named Commissions, Agencies, and Committees, the approved funds as contained in the 2014 budget; 6. That Common Council approve the 2014 Establishment of Permanent Positions at 651.5 7. That Common Council approve an increase in the 2013 Management Professional Pay Scale of 1.25% on Januai-y 1", 2014 and 1.25° /o oin July 1 st, 2014. Respectfully submitted, J. Patrick Wbod5, CGA City Manager 247 Page 101 December 23`d, 2013 Deputy Mayor and Councillors Subject: Budget Items Motion: 1. Direct the City Manager to draft a policy that puts departments and agencies, where we have limited control either because of arbitration provisions (Fire, Police) or third party decision making (Regional Facilities), on notice that future spending levels will be capped at 2014 levels - or other level as recommended. - This will provide a full year for each affected service area to adapt and to make permanent adjustments to expenditure /staffing /service levels etc. - Advance notice will allow for proper planning and set the table for success — Allows departments with restrictive collective agreements to use attrition /retirement /shift changes and other available tools etc. to reduce costs permanently 2. Direct the City Manager to draft a similar expenditure restraint policy for other service areas where Council does have control over spending— in full consideration of the need to ensure that we are still able to act on Council's priorities (roads /recreation /development). - This policy will also be a key driver as we begin collective bargaining on the agreements that are about to expire this coming year 3. During the course of 2014, Common Council undertake a review of key departmental services and service levels (similar to that used for bylaw enforcement), as opposed to just spending levels, and make specific policy decisions on which services should be kept /eliminated /increased or decreased. l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 N 4. City Staff to develop the expenditure control policies contemplated by motions 1 and 2 for submission to Council on January 20th, 2014. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada ER 4L1 N December 23, 2013 Deputy Mayor and Councillors Subject: LTD Benefits - Post Bridging Period The Committee of the Whole, having met on December 23, 2013, adopted the following resolution: RESOLVED that the Committee of the Whole recommends Common Council adopt the following: Common Council establish a committee for the purpose of negotiating a cost sharing agreement for the long term disability benefits for the period following the interim or bridging period, and for the purpose of developing a dispute resolution mechanism for the committee should they be unable to reach agreement on the aforementioned cost sharing; and FUTHER BE IT RESOLVED that the aforesaid committee be comprised of a representative each of IAFF Local 771, the SJPA, CUPE Local 18, as well as Councillor John MacKenzie, Councillor David Merrithew, Mr. Greg Yeomans, Commissioner of Finance and Administration and Mr. Rick Merrill, the latter acting as committee chairman; and Further that the Common Council advise the Superintendent of Pensions of the composition of the aforesaid committee. Sincerely, Mel Norton Mayor 250 December 23, 2013 Deputy Mayor and Councillors Subject: Contract 2011 -13: Bayside Dr. - Sanitary Lift Station #3, Force Main and Sewer The Committee of the Whole, having met on December 23, 2013, recommends Common Council adopt the following resolution: RESOLVED that Common Council authorize the City Solicitor or his designate to file an Notice of Application with the Court of Queen's Bench of New Brunswick requesting that the holdback funds retained by The City of Saint John regarding Contract 2011 -13: Bayside Drive — Sanitary Lift Station #3, Force Main & Sewer, be permitted to be paid into Court and such further order as the Court deems just." Sincerely, Mel Norton Mayor 251 December 23, 2013 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees The Committee of the Whole, having met on December 23, 2013, recommends Common Council make the following appointments to committees: Carleton Community Centre Advisory Board: to reappoint Chuck Edison, Larry Gautreau, Mary Ann O'Hara, David O'Toole and Barry Roberts each for a 3 year term from December 23, 2013 to December 23, 2016. Destination Marketing Organization: to reappoint Terry Hutchison for a 2 year term from December 23, 2013 to December 23, 2015; and to appoint Sally Blount for a 3 year term from December 23, 2013 to December 23, 2016. Imperial Theatre: to reappoint Sarah Jones for a 3 year term from January 31, 2014 to January 31, 2016. Planning Advisory Committee: to reappoint David Drinnan for a 1 year term from January 1, 2014 to January 1, 2015; and to appoint Eric Falkjar and Derrick Mitchell each for a 3 year term from January 2, 2014 to January 2, 2017. Preservation Review Board: to appoint Bob McVicar for a 3 year term from January 1, 2014 to January 1, 2017. PRO Kids: to extend the term of Connie Coffin to May 11, 2015 and Charles Jensen to March 3, 2014 to allow the full term of service of 6 years. Saint John Industrial Parks: to extend the term of Kathy Craig to July 20, 2014 to allow the full term of service of 6 years; and to appoint Percy Wilbur and Jack Riley each to a 3 year term from December 23, 2013 to December 23, 2016 and December 31, 2013 to December 31, 2016 respectively. Taxicab Advisory Committee: to appoint Paul Ram for a 3 year term from December 23, 2013 to December 23, 2016. Sincerely, Mel Norton Mayor 252 December 23, 2013 Deputy Mayor and Councillors Subject: Saint John Parking Commission - Memorandum of Understanding - Hot Spot Parking Inc. The Committee of the Whole, having met on December 23, 2013, adopted the following resolution: RESOLVED the Committee of the Whole recommends to Common Council the approval of a Memorandum of Understanding between the City and HotSpot Parking, Inc. in the form submitted to a report to Committee of the Whole from the Parking Commission dated December 17, 2013, which shall allow for a 12 week pilot project to test the operational viability of a business model that allows users to purchase parking via a cellular phone application or a website, and that the Mayor and Common Clerk be authorized to execute the said Memorandum of Understanding. Sincerely, Mel Norton Mayor 253