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2015-03-30_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday March 30, 2015 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 Approval of Minutes 10.2(4) 2 2005 Tax Concession - Irving Oil Owned Lands (Councillor McAlary) 3 Legal Matter 10.2(4)(f)(g) 4 Financial Matter 10.2(4)(c) 5 Employment Matter 10.2(4)(j) 6 Financial matter 10.2(4)(c) 7 CoSJ External Priorities Next Steps 8 Land Matter 10.2(4)(d) 9 Employment Matter 10.2(4)0) 10 Loyalist Plaza Capital Campaign Update (Mayor Mel Norton) Regular Meeting Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of March 5, 2015 (Special Meeting) 2.2 Minutes of March 16, 2015 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Simon Subdivison East - Municipal Drainage Easements (Recommendation in Report) 5.2 Consent to Assignment of Lease Saint Patick Street Pedway (Recommendation in Report) 5.3 Proposed Public Hearing Date - 15 Depot Court (Recommendation in Report) 5.4 Public Information Session - Waterloo Street and Richmond Street - Street Reconstruction (Recommendation: Receive for Information) 5.5 Contract 2014 -07 Riverview Drive - Water Main Lining (Recommendation in Report) 5.6 Engineering Inspection Services 2015 (Recommendation in Report) 5.7 Materials and Construction Testing, Inspection and Engineering Technical Services for 2015 and 2016 (Recommendation in Report) 5.8 Asphalt Resurfacing 2014 (Recommendation in Report) 5.9 Royal Canadian Legion Letter of Opposition for NB Museum Expansion (Recommendation: Receive for Information) 5.10 D. McLean Letter of Support for NB Museum Expansion (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 National Poetry Month - April 2015 7.1.1 Poem by Robert Moore: How Many Times Atlantis 7.2 Canadian Oncology Nursing Day - April 7, 2015 7.3 Daffodil Month - April 2015 7.4 Nutrition Month - March 2015 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation: Proposed Zoning By -Law Amendment - 80 Kierstead Road 9.1.1 Planning Advisory Committee Report Recommending Rezoning with Section 39 Conditions 9.1.2 Proposed Rezoning of 80 Kierstead Road 9.2 Staff Presentation: Proposed Zoning By -Law Amendment - Elliott Row /Carmarthen St /Wentworth St 9.2.1 Planning Advisory Committee Report Recommending Rezoning with Section 39 Conditions 9.2.2 Proposed Rezoning of Elliott Row /Carmarthen St /Wentworth St 9.3 Proposed Street Closing Elliott Row 10. Consideration of By -laws 10.1 Third Reading Traffic ByLaw Amendment - Residential Parking Permit Fee Increase 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Somerset Community Centre - Decommission Plan 12.2 Contract 2013 -9 - Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3 12.3 Sponsorship and the City of Saint John 12.4 Sale of "to be" Stopped -Up and Closed Portion of Elliott Row 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Worker Appeal Services - 8th Annual May Day Dinner 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended Appointments to Committees 17.2 CONROD Strategic Business Consulting - Economic Development Agency Review 17.3 Pension Buyback Provisions 17.4 City's Nominee to Arbitration Board 17.5 City Market Funding 18. Adjournment The City of Saint John Seance du conseil communal Le lundi 30 mars 2015 Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire I'objet d'une discussion en priv6 en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Allegement fiscal relatif de 2005 pour les propri6tes appartenant a Irving Oil Limited (conseillere McAlary) 1.3 Question juridique — alineas 10.2(4)0 g) 1.4 Question financiere — alinea 10.2(4)c) 1.5 Question relative a I'emploi — alinea 10.2(4)j) 1.6 Question financiere — alinea 10.2(4)c) 1.7 Prochaines etapes relatives aux priorites externes de The City of Saint John 1.8 Question relative aux biens -fonds — alinea 10.2(4)d) 1.9 Question relative a I'emploi — alinea 10.2(4)j) 1.10 Mise a jour de la campagne de financement de la place Loyalist Plaza (maire Mel Norton) Seance ordinaire 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal de la reunion extraordinaire du 5 mars 2015 2.2 Proces- verbal du 16 mars 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Approbation du conseil 5.1 Lotissement Simon Est — Servitudes de drainage municipales (recommandation figurant au rapport) 5.2 Approbation relative a la cession de bail de la passerelle de la rue Saint Patrick (recommandation figurant au rapport) 5.3 Date proposee pour les audiences publiques visant le 15, cour Depot (recommandation figurant au rapport) 5.4 Seance informative publique — Travaux de refection des rues Waterloo et Richmond (recommandation : accepter a titre informatif) 5.5 Contrat no 2014 -07 : Promenade Riverview — Revetement interieur de la conduite d'eau principale (recommandation figurant au rapport) 5.6 Services d'inspection d'ingenierie 2015 (recommandation figurant au rapport) 5.7 Services techniques d'ingenierie, d'inspection et d'essai des materiaux et de la construction pour 2015 et 2016 (recommandation figurant au rapport) 5.8 Resurfagage d'asphalte pour 2014 (recommandation figurant au rapport) 5.9 Lettre de la Legion royale canadienne s'opposant a I'ag rand issement du Musee du Nouveau - Brunswick (recommandation : accepter a titre informatif) 5.10 Lettre de D. McLean appuyant I'agrandissement du Musee du Nouveau - Brunswick (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois national de la poesie — Avril 2015 7.1.1 Poeme par Robert Moore: How Many Times Atlantis 7.2 Journee annuelle des soins infirmiers en oncologie du Canada — 7 avril 2015 7.3 Mois de la jonquille — Avril 2015 7.4 Mois de la nutrition — Mars 2015 8. Delegations et presentations 9. Audiences publiques a 18 h 30 9.1 Presentation du personnel : Projet de modification de I'Arrete de zonage visant le 80, chemin Kierstead 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 9.1.2 Projet de rezonage visant le 80, chemin Kierstead 9.2 Presentation du personnel : Modification de I'Arrbte de zonage visant la ruelle Elliott, la rue Carmarthen et la rue Wentworth 9.2.1 Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 9.2.2 Projet de rezonage visant la ruelle Elliott, la rue Carmarthen et la rue Wentworth 9.3 Projet de fermeture d'un trongon de la ruelle Elliott 10. Etude des arretes municipaux 10.1 Troisibme lecture de la modification de I'Arrete relatif a la circulation — Augmentation des droits de permis de stationnement residentiel 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Centre communautaire Somerset — Plan de desaffectation 12.2 Contrat n° 2013 -9 : Modernisation du reseau d'egout pluvial du bassin versant du secteur Honeysuckle- Sherbrooke — Phase III 12.3 Parrainage et The City of Saint John 12.4 Vente d'un trongon de la ruelle Elliott qui sera fermb a la circulation 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 Services d'appel pour les travailleurs — 8e souper annuel du May Day 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Recommandations de nominations pour sieger aux comites 17.2 Consultations strategiques d'affaires de CONROD — Examen effectue par I'agence de developpement economique 17.3 Dispositions relatives au rachat de service 17.4 Candidat de la Ville pour sieger au conseil d'arbitrage 17.5 Financement du marche municipal 18. Levee de la seance 2015 -1 Comon Council Special Meeting March 5th, 2015 Minutes of the Portion of the Common Council Special Meeting Thursday March 5th, 2015 at 5:30 p.m. 81h floor boardroom, City Hall Present: Mayor Mel Norton Deputy Mayor Rinehart and Councillors Lowe, McAlary, Merrithew, Norton - and — P. Woods, City Manager; J. Hamilton, Commissioner of Growth and Community Development Services;J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; A. Poffenroth, Deputy Commissioner of Growth and Community Development Services; A. Valeri, Solicitor Growth and Community Development Services; P. Anglin, Deputy Common Clerk Meeting Called To Order The Mayor called the Common Council Special Meeting to order. 1.1 Nominating Committee Appointments to Substandard Properties Appeal Committee On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that Common Council extend the terms of Maria Henheffer, Cheryl Johnson and Nadia McPhee on the Saint John Substandard Properties Appeal Committee for one year, from March 3, 2015 to March 3, 2016, notwithstanding Council's resolution to impose a maximum term of 6 years. Question being taken, the motion was carried. 1.2 Adjournment On motion of Councillor Merrithew Seconded by Councillor Norton RESOLVED that the Special Meeting of March 5th, 2015 be adjourned. Question being taken, the motion was carried. The Common Council Special Meeting of March 5th, 2015 was adjourned at 5:36 p.m. Deputy Common Clerk 1 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015 /LE 16 MARS 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 16, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge Regrets: Councillor Fullerton - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; N. Jacobsen, Commissioner Strategic Services, Stacey Forfar, Deputy Commissioner Growth and Community Development; A. Poffenroth, Deputy Commissioner Building and Inspection Services; K. Rice, Deputy Commissioner of Municipal Operations; P. Ouellette, Executive Director; K. Forrest, Platoon Chief Group 1; Rob Nichol, Fire Administration Officer; Staff Sgt Tony Hayes, Sgt -at -Arms; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk Call To Order — Prayer Mayor Norton called the meeting to order and Deputy Mayor Rinehart offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of March 2, 2015 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on March 2, 2015 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 2015 General Capital Budget; 16.2 2015 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways; 16.3 Acquisition of Easement for Municipal Services Civic #700 Fairville Boulevard (Kent Store); 16.4 Colpitts Avenue — Wastewater Lift Station Upgrades; 16.5 Traffic By -law Amendment — Residential Parking Permit Fee Increase; 16.6 Proclamation March 2015 National Engineering Month; and, 17.1 Former Reversing Falls Restaurant Building — Proposed Demolition. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 to 5.1.5 That the letters from Barb & Emery Whalen, Donna Briggs, Nature Trust of New Brunswick, Beverly Grew and Melanie Colpitts regarding the NB Museum Expansion, be received for information. 5.2 That as recommended by the City Manager in the submitted report M &C 2015- 041: 2015 Spring Debenture Issue, Common Council approve the following: 3 98- COMMON COUNCILICONSEIL COMMUNAL MARCH 16, 2015/LE 16 MARS 2015 Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERALFUND Protective Services $ 300,000 Transportation Services $ 4,000,000 Economic Development $ 1,000,000 Parks and Recreation $ 2,200,000 WATER & SEWERAGE UTILITY Water System Wastewater System TOTAL $ 3,000,000 $ 500,000 $ 7,500,000 $ 3,500,000 $ 11,000,000 1. THERFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $11,000,000. 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation ") a City of Saint John bond or debenture in the principal amount of $11,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post -dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.3 That as recommended by the City Manager in the submitted report M &C 2015- 044: Engineering Services - Exmouth St. (Richmond St. to Brunswick Dr.) and Golding St. (Waterloo St. to Bayard Dr.) - Street Reconstruction, the proposal from Crandall Engineering Ltd. for engineering services for the Exmouth Street (Richmond Street to Brunswick Drive) and Golding Street (Waterloo Street to Bayard Drive) - Street Reconstruction, Project No. 2015- 091502P (the "Project "), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Crandall Engineering Ltd. under the 2015 Capital Program, at a cost of $75,840.52, all applicable taxes included; b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2016 General Fund and Water & Sewerage Utility Fund Capital Programs, the remainder of the engineering services work for the Project is to be carried out by Crandall Engineering Ltd. after Common Council approval of the 2016 Capital Programs at a cost of $114,735.11, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. 10 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015 /LE 16 MARS 2015 5.4 That as recommended by the City Manager in the submitted report M &C 2015 050, Contract No. 2015 -08 - 1500MM Diameter Raw Water Transmission Main Pipe Repair be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $44,635.00 including HST as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried 6. Members Comments Council members commented on various community events 7. Proclamation 7.1 National PROBUS Month — March 2015 The Mayor declared March 2015 National PROBUS Month in the City of Saint John. 16.6 National Engineering Month — March 2015 The Mayor declared March 2015 National Engineering Month in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Zoning ByLaw Amendment — 1480 Red Head Road 10.1.1 Section 39 Conditions — 1480 Red Head Road On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -4, 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 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -4, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2025 square metres, located at 1480 Red Head Road, also identified as being PID No. 00340422, be subject to the condition that the required front yard extending to the edge of the travelled portion of the street right -of -way be landscaped within one year of the date of issue of the building permit for the proposed residential use. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie 5 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015/LE 16 MARS 2015 RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -4, 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 2025 square metres, located at 1480 Red Head Road, also identified as PID number 00340422, from Neighbourhood Community Facility (CFN) to Rural Residential (RR), 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. 111 -4, A Law to Amend the Zoning By -Law of The City of Saint John ". 10.2 Third Reading Zoning ByLaw Amendment — 1680 -1690 Red Head Road 10.2.1 Section 39 Conditions — 1680 -1690 Red Head Road On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -5, 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 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), be read. Question being taken, the motion was carried. The by -law entitled, " "By -Law Number C.P. 111 -5, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as being PID No. 55057939 and a portion of PID Nos. 00340018 and 55218630, be subject to the following conditions: a) That the use of the property be restricted to an equestrian facility with a maximum of eight horses. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -5, 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 3.25 hectares, located at 1680 -1690 Red Head Road, also identified as PID number 55057939 and portions of PID numbers 00340018 and 55218630, from Rural Residential (RR) to Rural (RU), 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. 111 -5, A Law to Amend the Zoning By -Law of The City of Saint John ". 10.3 Third Reading ByLaw Amendment Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A By -Law to Amend a ByLaw Respecting the Construction, Repair and Demolition of Buildings and X 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015 /LE 16 MARS 2015 Structures in The City of Saint John ", respecting amendments to Sections 2(3), 3(1) and 3(2), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law to Amend a ByLaw Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A By -Law to Amend a ByLaw Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", respecting amendments to Sections 2(3), 3(1) and 3(2), 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 to Amend a ByLaw Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". 10.4 Third Reading Traffic ByLaw Amendment re Speed Limits in School Zones On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Section 23; adding Schedule T -1 — Speed Limits in School Zones; and amending Schedule B — No Parking Anytime, be read. Question being taken, the motion was carried. The by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Section 23; adding Schedule T -1 — Speed Limits in School Zones; and amending Schedule B — No Parking Anytime, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ". 10.5 Public Presentation — Proposed Municipal Plan Amendment 170 Ashburn Lake Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos. 00305128, 00298422, 00297333 and 00298182, as illustrated below, from Rural Resource Area (outside of the Primary Development Area), Urban Reserve and Employment Area (within the Primary Development Area) to Rural Resource Area (outside of the Primary Development Area) and Employment Area (within the Primary Development Area); and, redesignate, on Schedule B of the Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area), Urban Reserve and Heavy Industrial (within the Primary Development Area) to Rural Resource 7 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015/LE 16 MARS 2015 (outside of the Primary Development Area) and Heavy Industrial (within the Primary Development Area) to permit the expansion of an existing quarry. 11. Submissions by Council Members 11.1 Readiness to Respond to an Oil Train Derailment (Councillor Merrithew) On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that Chief Clifford be requested to give an update to Council on his department's readiness to respond to an oil train derailment. Question being taken, the motion was carried. 11.2 City Lights Upkeep (Mayor Norton) On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Common Council requests the City Manager direct city staff to work with SJ Energy to complete the following: 1) Survey and replace burnt out and flickering lights located on city property (streets, parks, parking lots, parking garages, etc); and, 2) Develop a process to more effectively address the issue of burnt out lights. Consider the use of appropriate technology to enable the process. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Demolition of the Vacant, Dilapidated, Abandoned and Hazardous Buildings at 302 Germain Street (PID # 00001651) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -047: Demolition of the Vacant, Dilapidated, Abandoned and Hazardous Buildings at 302 Germain Street (PID # 00001651), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the buildings at 302 Germain Street (PID #00001651), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 Demolition of the Vacant, Dilapidated, Structurally Unsound, Abandoned and Hazardous Buildings at 300 Germain Street (PID # 55184196) On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -046: Demolition of the Vacant, Dilapidated, Structurally Unsound, Abandoned and Hazardous Buildings at 300 Germain Street (PID # 55184196), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the buildings at 300 Germain Street (PID #55184196), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.3 Winter Management Plan — Priority 4 Streets K. Rice outlined the Winter Management Plan and the balance required to meet the service objectives and manage public expectations with available resources. In extreme situations, as experienced this year, a modification of the plan is required, such as using n. 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015 /LE 16 MARS 2015 sidewalk clearing vehicles to assist in street clearing. Responding to questions, Mr. Rice commented that improvements to the plan he would recommend include staff training and oversight (road audits). Mr. Rice also commented that there is no redundancy in operators or equipment and that the Saint John Water units are used, when available, to haul snow. In conclusion, the submitted report is an interim report, a full report will be forthcoming when the winter storm season is concluded and can be fully assessed. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that a Letter of Acknowledgement be sent to snow removal staff commending them for their efforts. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the submitted report entitled, M &C 2015 -051: Winter Management Plan — Priority 4 Streets, be received for information. Question being taken, the motion was carried 12.4 The Canadian Radiocommunications Information and Notification Services (CRINS) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 - 040: The Canadian Radiocommunications Information and Notification Services (CRINS), Common Council: (a) Approve the use of the Canadian Radiocommunications Information and Notification Service (CRINS) for the processing of all telecommunication towers and facilities proposed within the City of Saint John effective on this date; (b) Authorize the Mayor and Common Clerk to execute any necessary document that is needed to authorize The City of Saint John to secure the services of CRINS; (c) Approve Appendix A of the submitted CRINS -SINRC Antenna System Siting Review and Consultation Protocol prepared by Community Planning & Development; and, (d) Establish City service fees of $1,000 for all telecommunication towers and facilities applications involving public consultation under the Industry Canada criteria and $500 for all telecommunication towers and facilities exempted from such public consultation. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 2015 General Capital Budget The City Manager commented on the highlights of the 2015 General Capital Budget. The budget priorities emerged to cover the maintenance of existing facilities namely, the City Market, Harbour Passage and the Aquatic Centre, as well as aspirational projects, including Loyalist Plaza and the Field House. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that as recommended by the City Manager in the submitted report entitled, 2015 General Capital Budget, Common 9 98- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015/LE 16 MARS 2015 Council approve the 2015 General Fund Capital Budget in the net amount of $11,749,010 as per the submitted schedule. Question being taken, the motion was carried with Councillor Farren voting nay. 16.2 2015 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -043: 2015 Agreement with Fortis Properties for Cleaning and Security Services for Chipman Hill and City Market Pedways: 1) The City enter into a one (1) year agreement with Fortis Properties Corporation for cleaning and security services for the Chipman Hill Pedway and security services for the City Market Pedway at a cost of $72,100.47 including HST for the year 2015 in the form as attached to M &C 2015 -43; and 2) That the Mayor and Common Clerk be authorized to execute the said agreement. Question being taken, the motion was carried. 16.3 Acquisition of Easement for Municipal Services Civic #700 Fairville Boulevard (Kent Store) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -048: Acquisition of Easement for Municipal Services Civic #700 Fairville Boulevard (Kent Store): 1) The City of Saint John acquire from J.D. Irving, Limited an Easement for Municipal Services /Municipal Services Easement in and through the lands at civic #700 Fairville Boulevard (bearing PID #34033) for $1.00; and, 2) That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Question being taken, the motion was carried. 16.4 Contract 2014 -20: Colpitts Avenue — Wastewater Lift Station Upgrades On motion of Councillor Merrithew Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -052, Contract 2014 -20: Colpitts Avenue — Wastewater Lift Station Upgrades be awarded to the low tenderer, Fairville Construction Ltd. at the tendered price of $144,493.10 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.5 Traffic By -Law Amendment— Residential Parking Permit Fee Increase Consideration was given to a submitted report from the Saint John Parking Commission entitled Traffic By -Law Amendment — Residential Parking Permit Fee Increase. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing and replacing subsection 25(5) and subsection 25(6), be read a first time. 10 99- COMMON COUNCIL /CONSEIL COMMUNAL MARCH 16, 2015 /LE 16 MARS 2015 Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled "A By- Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing and replacing subsection 25(5) and subsection 25(6), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 17. Committee of the Whole 17.1 Former Reversing Falls Restaurant Building — Proposed Demolition On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Common Council adopt the resolution in the submitted report entitled, M &C 2015 -42: Former Reversing Falls Restaurant Building — Proposed Demolition, as follows: 1) Common Council approve the development and letting of a tender for the demolition of the Reversing Falls Restaurant located at 200 Bridge Road; and 2) Common Council allocate $90,000 to the demolition of the Reversing Falls Restaurant during the 2015 Capital Budget deliberations. Question being taken, the motion was carried with Councillor Farren voting nay. 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the Common Council meeting of March 16, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:55 p.m. Mayor / maire Common Clerk / greffier communal 11 REPORT TO COMMON COUNCIL M &C- 2015 -55 March 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Simon Subdivision East - Municipal Drainage Easements EXECUTIVE SUMMARY: =9y City of Saint John A series of municipal drainage easements is proposed to be acquired to provide for the development of two subdivisions that were approved by Common Council in 2009 and 2012. BACKGROUND: The Simon Subdivision East and Hillcrest Heights North Subdivision are two developing subdivisions outside of the Primary Development Area in east Saint John which have received planning approvals from the City. Roadways within both subdivisions will connect, with Meahan Crescent in Hillcrest Heights North providing access to the portion of the Simon Subdivision East located along Paula Crescent. Common Council assented to the proposed street locations in 2009 for the Hillcrest Heights North Subdivision and 2012 for Simon Subdivision East. The location of these developments is shown on the attached mapping. The purpose of the report is to outline the requirements for the Municipal Drainage Easements and the terms of their acquisition for their acceptance by Common Council. As the original recommendations regarding the assent to streets and Public Utility Easements for the original subdivisions did not include Common Council's acceptance of the necessary municipal drainage easements, approval from Common Council to accept the Municipal Drainage Easements is required. This is often the case as the required locations of these drainage easements are finalized during the detailed engineering design of the development. 12 M &C- 2015 -55 -2- March 23, 2015 The developer's consultant has prepared the attached subdivision plan which vests the remaining portion of Meahan Crescent and a portion of Paula Crescent as Public Streets. The plan also provides for the creation of a Municipal Drainage Easement over the section of Paula Crescent that will be constructed in the future. This allows for drainage from Meahan Crescent to flow to adjacent water courses. A small portion of the Municipal Drainage Easement is required along the north side of Paula Crescent west of Meahan Crescent due to the different right -of -way widths of these streets. Phase 1 of Meahan Crescent was designed with a street right -of -way of 20 metres, the width required by the City's standards at the time this section of road was designed. For conformity, Phase 2 of Meahan Crescent and the associated portion of Paula Crescent was also designed to this 20 metre right -of -way width. Future phase(s) of Simon Subdivision East will be designed to the new standard right -of -way width of 23.1 metres. As a result, a wider municipal drainage easement width is required along a portion of Paula Crescent to facilitate future drainage. ANALYSIS: Growth and Community Development Services staff has consulted with the Legal Department and Infrastructure Development regarding the necessary easements and land transfer terms. The Developer has agreed to the terms and conditions and wishes to make the conveyances. The City must acquire the required Municipal Drainage Easement from the developer to accommodate drainage from the development and the developer has agreed to grant same to the City for $ 1. No other monies or compensation will be paid by the City to the Developer. Following completion of the work required by the City to the satisfaction of the Chief City Engineer, the Development Officer will endorse the Final Plan of Subdivision. RECOMMENDATION: 1) That the City of Saint John acquire from Sierra Supplies Limited an easement for drainage of naturally occurring surface water (Municipal Drainage Easement Part A, B, C and D) as depicted on the attached Tentative Subdivision Plan titled "Simon Subdivision East — Phase 1, Stage 1 situate City of Saint John, County of Saint John, New Brunswick" and dated December 2, 2014 for one dollar; and 2) That Sierra Supplies Limited pay for all survey and registration costs associated with this easement transaction; 13 M & C-2015 — 55 -3 - March 23, 2015 3) That Sierra Supplies Limited pays for its own legal costs to finalize this easement transaction. Respectfully submitted, Mark Reade, P.Eng., MCIP, RPP Senior Planner Growth & Community Development Services Stacey Forfar, MBA, MCIP, RPP Deputy Commissioner Growth and Community Enrichment Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth & Community Development Services J. Patrick Woods, CGA City Manager MR Project No. 11 -284 14 Date: March -23 -15 Map 2 - Municipal Drainage Easement i f tl� Al Municipal Drainage Easement Public Utility Easement Map 1- Subdivision Location Map by the Geographic Information Systems Division. Carte par Is division des systemes d'information geographique. © 2015 The City of Saint John 15 APPROVALS NEW BRUNSWICK GRID VALUES (NAD 831 STAIIGM FASTING NORTHING REMARKS 190 2542875289 7369953.068 SURVEY YAA FOUND 41Z 2542661.811 7370333.547 SURVEY N4IMER FOUND 413 2592692.352 7370312.161 [ALCULATEO PoIXT 919 254276Z.453 7370350.135 SURVEY K4MIER FOUND 420 7542761.190 1370277.775 CAL ILAIED POINT 421 2542699.549 7310266.429 SURVEY MARKER FOUND 422 2542782 -496 1370352 -415 SURVEY MARKER FOUND 424 2542781 -187 7370277.426 CALCULATED POINT 425 2592841.537 7}7169.494 SURVEY MARKER FOUND 427 2542902.225 7370271.552 SURVEY WARNER FOUND 928 Z54Z821.181 "N." RADIUS POINT 429 2542799. }95 7370243.181 SET SURVEY MARNFA 430 2542745.270 7370185 -112 SET SURVEY TURNER 431 Z542807.SZ3 7370217.303 SET SURVEY NAURU 432 2542780.503 7370226.408 CALCULATED POINT 433 2542819 -415 7J70Z30.180 CALCULATED POINT 934 2542845991 7J7101.854 CALCULATED PoINI 435 2597775156 7370162.021 RADIUS P01NT 936 25428M 522 7370213.407 CALCULATED POINT 437 2542828.557 7310192 052 CALCULATED POINT 438 2542788.399 737 FOR 406 SET SURVEY UMB 442 2542854.645 7370145653 SET SURVEY WMR 444 2542827 -494 7370038.873 SURVEY YAINK FOUND 451 2542881 762 7370270.858 SURVEY NdKKLET FOUND 452 2542914.192 7370213.181 PLAN 33619264 453 2542920.406 7370114 -569 CALCULATED POINT 454 2542955.605 7370139.525 SURVEY NATURED FOUND 478 2592908.838 7370130.885 RADIUS PoINI 4% 2542891 405 7370121.003 CALCULATED POINT 482 2542873.972 7370111 280 CALCULATED POINT 488 2542922.276 7370190.799 SURVEY MARKER FOUND 490 2542998 113 7370241437 SURVEY MARKER FOUND 492 2542 %9.175 7370292.473 SUR IT MARKER FOUND 4% 2542761.4% 7370290.144 SURVEY MARKER FOUND 532 2542703.495 7370249.200 RADIUS POINT 627 2542888.701 73700%1R SURVEY MARKER FOUND 882 Z542887.533 7370181.325 PLAN 33619264 GG91 2542708.047 7370256.651 PLAN 31234014 5983 1.2844.23D 7369917.537 CALCULATED POINT 6719 259211.981 7}69952.244 RADIUS POINT 6731 254276 }.463 7}69898.365 CALCULATED POINT 6746 2542662.701 7370017.099 RADIUS POINT 6758 25426" IF 7369 %6.271 RADIUS POINT 6759 2542612.053 7369869.698 CALCULATED POINT 7280 2542639.599 73TO T3.555 CALCULATED PoIXT 72% 2542081.958 7A0022.698 CALCULATED POINT 7295 2542723 616 1370080.816 CALCULATED POINT 7Z% 2542708.21 woori.nt; CALCULATED POINT 7298 2542751701 7369919.641 CALCULATED POINT 7299 Z542727.611 7369902.06) CALCULATED POINT 7300 2542773.5% 7369991.942 CALCULATED POINT 7304 2592730.671 7369079.531 CALCULATED POINT 7312 2542682224 7369880.031 CALCULATED POINT 7313 2542633 942 73GSH54.978 CALCULATED PD INI 1314 2542625847 7370819 -303 CALCULATED POINT 7315 2542648.679 737060.151 CALCULATED POINT 7316 2542662 691 7370015.907 RADIUS POINT 7340 2542588.055 7369871.860 CALCULATED PoINI 7341 2542644.217 7369033.171 CALCULATED PoIXT 7404 2542769.916 7369906.629 CALCULATED POIMT 7415 2542773.894 7370101.369 CALCULATED POINT 7416 2542729.751 7370222.317 RADIUS POINT 7422 2592776 496 7370129.575 CALCULATED POINT 7429 2542844.843 7370163.087 SET SURVEY 1LAMU 7468 2542546.578 7370087.431 CALCULATED POINT 7411' 2542548.910 7370097 723 CALCULATED POINT 7499 2592543 -955 7370 931 CALCULATED POINT 7500 2542616140 7370Wb.626 CALCULATED POINT 7501 2592607.135 7370012.267 CALCULATED POIMT 7537 2592778.597 7370125 839 SEE SURVEY MANRR 7610 2542885.166 7369936298 CALCULATED POINT 2UI56 250232.573 POINT SCALE 7362095.001 NB ACTIVE (MIROL FACTOR I -OUODR SIGNATURES OF OWNERS OR AGENTS Di 6 x0300 LOT 95 -2 PLAN 200294 100 I 70000 1 LOT 1 "8 416 PLAN 26949409 B.2 PLAN 25830 "- LOT 95 -4 Na 201723 m PLAN 200294 R 0 A D �' G N 9 _ NILLCRE SIT 419 '� - - --1n I LOT 95 -3 PLAN 200294 LOT 77_6 PLAN 606 / / J PID 55062053 yyg SIERRA SUPPLIES LTD. 3� 1 PID 310615 SIERRA SUPPLIES LTD WSIEY RAYYNR DENY JEW SIERRA SUPPLIES LTD_ \ rvl 6750 NT i M. E%01' , W N. VIDE. P111C LET ILi1Y gAq¢NT II -N PLAN 25961633 JOVIN CONSTRUCTION LTD PLAN 33619264 PID 55181742 436 y� '0 -ry : • _,___• Q LOT 2014 -3 437 �, � . = "• AREA SO48 Me asl J 7429 aav ' iL e`p +cP ` 06r -iLtS 6� 942 � S 970 P YNPJ '753 7pPj.�9P'` °$ PAS 39 R .RC 33 45 49D IOVIN CONSTRUCTION LID. 15 PLAN 33619264 '£t PID 55101242 627 ,�'O� ExISTI %3 DD N_ VIDE sS: 'j L, UTILITY EA4JMNT 5 -N PLAN 26444217 1� 7 OF SP �Q9 �g1 Gt t, QP @,P 1b "" PI➢ 55222376 ° pavtD L. cULEY LETA Y. CWIEY ID 326108 \3Ya219a 16 0f L C0.lEY \ \ \q14 -DI OU LETA N. fIAi. NI nl DEED 351980 AOUN 1]29 PURE 401 9 \6, b�11b 031 QA,P 6. b9 A,L1b O� Q�P LOT 10 -N KEY PLAN: SIN DIGITAL T 1. SCALE= I:IOOW SiI1N 3 W la. JOE LEGEND 61 110 14 49'08" 20.24 2(.34 Sloadard narrey wrier set 0 Azim lA Az DLILITY EASEMENT EK 8 3 8 14pbIC UlILl1Y EASf1Yx1 8 e1 Fount irooul ape 0 Neuoreeme rN�t Found irun ear 15.00 304 OZ'30_ Z6.70 32.06 IX16T1X6 paU.1L rn Hell us R e�aroi .�r ear.e a �_ chard PLAN 26322694 412 LOT I -N 8 D 1 7$ m � 12 -N 40.00 315 22'30 2108 21.33 NOTES $' _ $ 1" 13 -N S 61.00 54 04 20.85 29.13 Z. Disl .aces are whir and are rounded off 10 IAe searesl PLAN 33619264 PLAN 39.10 304 33'40" 68.20 1 -6 PLAN 25961633 f PIN W231N4 .277118866890 Z 4. All 1atunen1 and plea references refer In Land Till es PLO 55193197 DISIr1t1 of Nea Bruss.l.k or Io the Re1lslry 011lre Tor nZi CO The County dl Saint daln- w ronpulalions perloraed 0nd roar Ai Hates .Rate an Ills plw ore based an 11e Nea Bruns.l.K Sler eagr aph it De u11e 9% - r LOT 08- 1 R E. Azlnulhs sere der �Yed Ira. 615 0lserretlnos and oorllnale ro lues sere der fired Ira. NO Active MAnuneel 28156 PLAN 31234074 az1 6°` 66 (^,Y 4ZN 011 firer Aaes not tenslllule sad sM1011 sal k e0nslruel 0g°03 30` GD.T2 PIN 55217P[O .( 11b 1ba lereos Is suileble er na et0nanically he Nade suilahle for any .....r of ..1, s,,age dtspesal- 425 40.25 �- 951 6091 $ (^ � A5_ Ywlt ipal Oralsege Ea aamis. '6 'L -'z� 429 g L LOT 2014 -2 z'zTl''g' 435 `�O� AREA 5011 M' LOT 2014 -4 .,< AREA 5591 Ms PID 55062053 yyg SIERRA SUPPLIES LTD. 3� 1 PID 310615 SIERRA SUPPLIES LTD WSIEY RAYYNR DENY JEW SIERRA SUPPLIES LTD_ \ rvl 6750 NT i M. E%01' , W N. VIDE. P111C LET ILi1Y gAq¢NT II -N PLAN 25961633 JOVIN CONSTRUCTION LTD PLAN 33619264 PID 55181742 436 y� '0 -ry : • _,___• Q LOT 2014 -3 437 �, � . = "• AREA SO48 Me asl J 7429 aav ' iL e`p +cP ` 06r -iLtS 6� 942 � S 970 P YNPJ '753 7pPj.�9P'` °$ PAS 39 R .RC 33 45 49D IOVIN CONSTRUCTION LID. 15 PLAN 33619264 '£t PID 55101242 627 ,�'O� ExISTI %3 DD N_ VIDE sS: 'j L, UTILITY EA4JMNT 5 -N PLAN 26444217 1� 7 OF SP �Q9 �g1 Gt t, QP @,P 1b "" PI➢ 55222376 ° pavtD L. cULEY LETA Y. CWIEY ID 326108 \3Ya219a 16 0f L C0.lEY \ \ \q14 -DI OU LETA N. fIAi. NI nl DEED 351980 AOUN 1]29 PURE 401 9 \6, b�11b 031 QA,P 6. b9 A,L1b O� Q�P LOT 10 -N KEY PLAN: SIN DIGITAL T 1. SCALE= I:IOOW PLAN 24144462 LEGEND 61 110 14 49'08" 20.24 2(.34 Sloadard narrey wrier set 0 Azim lA Az 55.% 197 IS'OV 81.23 90.93 Ru 51.neare : rnY market Ivu.A ® I[la l�ule41 01.08 52 46'40" 31.14 31.33 e1 Fount irooul ape 0 Neuoreeme rN�t Found irun ear 15.00 304 OZ'30_ Z6.70 32.06 rtes u1cvlNlea paint O Cenl re or rirele N D. Mae-I ee 9-03 Hell us R e�aroi .�r ear.e a �_ chard PLAN 26322694 eb aei Harr elan nler wrt atnAl Naaae. P.sl U Found team 130 -68 244 12.00- 16.17 16.18 SIN sorrel itlenl is Ter pID T0,10e4 t-d-11 40 00 332 W -00 38.79 40.49 L<nd Berl it red sorrxl 40.00 315 22'30 2108 21.33 NOTES 81.26 316 49'4(' J8 84 39 -22 I- Azraulls ore roundel off to the nearest ten seconds (10'1_ 61.00 54 04 20.85 29.13 Z. Disl .aces are whir and are rounded off 10 IAe searesl HAD 36 3020 38.38 40 35 Auadredlh at a nelre (0.01). 39.10 304 33'40" 68.20 1 -6 7. All perlpkeral data entitled Iran earl as sources as soled DI.W 182 27'50' 6.39 89 94 on This plan. 81 10 2R 59 -10' 10.49 10.49 4. All 1atunen1 and plea references refer In Land Till es 61 00 32 22'40' 11.08 17.06 DISIr1t1 of Nea Bruss.l.k or Io the Re1lslry 011lre Tor nZi CO The County dl Saint daln- w ronpulalions perloraed 0nd roar Ai Hates .Rate an Ills plw ore based an 11e Nea Bruns.l.K Sler eagr aph it De u11e proletlio. gad the NA083(CSR5) ellipsoid, as rnal -d by r SUN -s High Pre. isle. Net aOrA coordinate to numents_ E. Azlnulhs sere der �Yed Ira. 615 0lserretlnos and oorllnale ro lues sere der fired Ira. NO Active MAnuneel 28156 '- Tle epproral of Ills SNbdivi. on Plan by IAe 0erel0paesl 011 firer Aaes not tenslllule sad sM1011 sal k e0nslruel 4`S e. a aartan ty er rcpt e.enl.lion Fhot any let sloan .( 11b 1ba lereos Is suileble er na et0nanically he Nade suilahle for any .....r of ..1, s,,age dtspesal- '0* 8. 11e purpose 01 Ihis plan is to create Ilree Iuildl.g lots, Ian Pu61¢ Slreels, Pull¢ U1111 Y Easmeals a.! Ywlt ipal Oralsege Ea aamis. CURVE INFORMATION PT I PT Z CENTRE RADIUS CHDRO 0 6 0 ARE LENGTH 72911 7501 6746 61 110 14 49'08" 20.24 2(.34 7298 7299 6719 55.% 197 IS'OV 81.23 90.93 T304 6731 6719 01.08 52 46'40" 31.14 31.33 1313 6759 6158 15.00 304 OZ'30_ Z6.70 32.06 132 429 428 08.08 332 W'W' 5A.18 60.7-0 476 437 435 61 26 136 4940" 29.28 29.57 438 7415 7416 130 -68 244 12.00- 16.17 16.18 429 424 4Z8 40 00 332 W -00 38.79 40.49 627 482 478 40.00 315 22'30 2108 21.33 434 433 435 81.26 316 49'4(' J8 84 39 -22 7508 7280 6746 61.00 54 04 20.85 29.13 7314 1315 7316 HAD 36 3020 38.38 40 35 7341 1340 6758 39.10 304 33'40" 68.20 1 -6 7308 7904 6719 DI.W 182 27'50' 6.39 89 94 1404 931 6719 81 10 2R 59 -10' 10.49 10.49 7501 7500 6746 61 00 32 22'40' 11.08 17.06 PUBLIC UTILITY EASEMENTS The Public utility eoonseal4 shoan no Ibis plan rest in The Pa.er Cawiss tan al The City al Saint Joln eed Bell AI i.0 ReIt ..I Cte.a.m.liens. Litiled ParinersliJ purseml Ie Section 56 (4.021 0l the Cowuaily Pl ... inq Act tad Requlollon 84 -217. E ...... Is are sites as loll... m SIGNATURE OF AGENT Far the Poses Cowissioa at Tye City at Saint Joe. For 0,11 alianl Regi Onal Cwru.ltaiians. Liwled Perinersbra MUNICIPAL DRAINAGE EASEMENTS The Yunl.ipal Drainage Los.... is sh... as Ills plan vesl In The City aI S-1 John purs ... I to Seeli on 56 I4 -01) al The Cawunlly PIannieq Net ynd (Requlollon 84 -217. Yuo Opal 5lase wels as tallms DEED REGISTRATION INFORMATION PID 55062053 LAND TITLES SIERRA SUPPLIES LTD. GEED / TRANSFER 21693915 REGISTERED 2007 -04 -IT PID 55223051 LAIN TITLES SIERRA SUPPLIES LTD. NEED / TNINSFER 33767824 REGISSBED W14-06-14 SUBDIVISION PLAN SIMON SUBDIVISION EAST PHASE I -STAGE I SITUATE CITY OF SAINT JOHN COUNTY OF SAINT JOHN, NEW BRUNSWICK ]eSoulniers Surveys Inc CENI6ICATFON IS 03 WOE AS TO LEGAL TITLE. EI% THE DCWIN S A 1ANNR, NOR 10 TIE ZONING (TY-LAMS ON REGULATIONS KING rlE MIN OF A UENEI.N ENT NFICEN- 1 W HOW& CERTIFY TO THE CORRE(TIESS OF THIS PLAN AND THAT ! HALE SATISFIED ALL THE IN= 011REIENTS OF THE SUMEYS ACT. Sar vevea Dv x Data: Utensils' Z. 2014 A.Edaard kSoalnlers N_8.L.S. F3(N1 W 15 10 5 D 20 40 w DD SCALE WOOD Draw by:AL) Field book: Job Na. II -9611 wa N REPORT TO COMMON COIJNCIL M &C- 2015 -58 March 24, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: CONSENT TO ASSIGNMENT OF LEASE SAINT PATRICK STREET PEDWAY BACKGROUND: City of Saint John At its meeting of 28 October 1997 Common Council resolved to enter into a lease with NBR Holdings Ltd. (NBR) for a 46.5 square foot (4.32 square metre) portion of the Pedway System being at street level and on the northeastern side of St. Patrick Street (portion of PID Number 39206). The lease is now held by Ellerdale Investments Ltd. (EIL) The leased space was and is used and occupied to allow the Hong Kong Bank of Canada (Bank) to provide access from St Patrick Street into the leased space, to automated banking machines, and from the leased space into the Pedway. EIL is in the process of selling its building situate at 7 Market Square to a new owner. EIL has asked that the City consent to the Assignment of the lease to the new owner when the sale has concluded. Pursuant to the lease assignment is permitted with the City's consent. The ultimate owner of 7 Market Square will be a company called Melrim Properties Inc., however the property will be conveyed first to 681579 N.B. Ltd. which will then immediately after closing amalgamate with Melrim Properties Inc. meaning that the approval being sought is for the Assignment of Lease to be approved to both 681579 N.B. Ltd. and then subsequently to Melrim Properties Inc. . The current tenant is in good standing with respect to its lease with the City. Other than the assignment of the lease to the new owner, all terms and conditions of the lease will remain unchanged.. 17 M &C- 2015 --58 March 24, 2015 RECOMMENDATIONS -2- That: 1) The City of Saint John consents to the assignment of the lease dated April 8, 1997 registered in the Saint John County Registry Office on October 1, 1997 in Book 1929 at Page 354 as No. 417847 from Ellerdale Investments Ltd. to 681579 N.B. Ltd. and to the subsequent amalgamation of 681579 N.B. Ltd. with Melrim Properties Inc. under the name Melrim Properties Inc.; and 2) The Mayor and Common Clerk execute such "Consent to Assignment ". Respectfully submitted, s y Paul Wilson, BBA Real Estate Officer Gre�i�q/oner J./Yeomans, CPA, CGA, MBA Com of Finance and Administrative Services Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2015 -056 March 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date — 15 Depot Court =91 City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone East Point Inc. 15 Depot Court CR Sec. 39 To reduce the Amendment required land- scaping along Westmorland Road to accom- modate a garbage enclosure RECOMMENDATION: That Common Council schedule the public hearing for the Section 39 amendment application of East Point Inc. (15 Depot Court) for Monday, May 11, 2015 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services JH/r 19 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -5) March 24, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: 7. The City of saint john SUBJECT: Public Information Session Waterloo Street (Castle Street to Richmond Street) & Richmond Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction PURPOSE The purpose of this report is to inform. Council of a Public Information Session that will be held in relation to the Waterloo Street (Castle Street to Richmond Street) & Richmond Street Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project, and to update Council on the status of the project. BACKGROUND The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of Waterloo Street (Castle Street to Richmond Street) & Richmond Street water, sanitary and storm sewer renewal and street reconstruction. ANALYSIS Staff looks forward to the tender closing in late April, 2015. Construction is expected to begin in late May, 2015 and continue until October, 2015. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Teen Resource Center at 28 Richmond Street on Wednesday, April 1, 2015, from 2 -4 p.m. and 6 -8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. 20 M&C2015,59 March 24, 2015 Page 2 The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, /-- I , = �--:: -� Kevin O'Brien, P.Eng. Municipal Engineer Wm. Edwards, P.Eng. Commissioner Transportation & Environment 21 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager �a;el►' A wW. -nic City of saint John PUBLIC INFORMATION SESSION WATERLOO STREET (RICHMOND STREET TO CASTLE STREET) AND RICHMOND STREET (WATERLOO STREET TO PRINCE EDWARD STREET) - STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Waterloo Street from Richmond Street to Castle Street and Richmond Street from Prince Edward Street to Waterloo Street. There will be new water main, sanitary sewer, and storm sewer installed, including renewal of existing services to each residence up to the property line and installation of new storm services, which will be capped at the property line. New curb and sidewalk will be installed, and full road reconstruction will be undertaken. Construction is planned to begin in May and is expected to continue into October 2015. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2015 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John and the project design team from Crandall Engineering Ltd. will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 1, 2015 Time: 2:00 — 4:00 pm and 6:00 -- 8:00 pm Location: Teen Resource Center 28 Richmond Street For further information about this project, contact the Consultant, Crandall Engineering Ltd., at (506) 693 -5893 or the City of Saint John Transportation and Environment Services at (506) 658 -4455. 22 REPORT TO COMMON COUNCIL M & C 2015 -54 March 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council. SUBJECT: CONTRACT 2014- 07: RIVERVIEW DRIVE — WATER MAIN LINING BACKGROUND The C4 of Saint John This Contract consists of a project that is approved in the 2014 Water & Sewerage Utility Fund Capital Program for the structural lining of existing unlined, cast -iron water mains running under the Saint John Throughway. TENDER RESULTS Tenders closed on March 18th, 2015 with the following results: 1) Trenchless Solutions Inc., Moncton, NB $250, 650.95 The Engineer's estimate for the work was $233,970.00 ANALYSIS The tender was reviewed by staff and found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perfonn the work. The work is to be completed by July 31St, 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor, City forces and others. 23 M&C2015-54 March 23, 2015 Page 2 The analysis is as follows: Budget $500,000 Project Net Cost $246,896 Variance (surplus) $253,104 POLICY – TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2014 -07: Riverview Drive – Water Main Lining, be awarded to the tenderer, Trenchless Solutions Inc., at the tendered price of $250,650.95 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, o Campbell, . Eng. unicipal Engineer F G Wm. Edwards, P. Eng. 1 ' r Commissioner Transportation and Environment 24 /3 (— Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -53 March 18, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Inspection Services 2015 BACKGROUND The City of Saint john Common Council has approved the 2015 Water & Sewerage Utility Fund Capital Program consisting of 34 projects totaling $12,708,000 and the 2015 General Fund (Storm & Transportation) Capital Program consisting of 29 projects totaling $10,043,000. A portion of the projects in the 2015 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 37 "in- house" designed projects during the 2015 construction season. ANALYSIS In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to nine local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Eight firms have submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. The eight firms that replied were: • Brunswick Engineering & Consulting Inc. • Crandall Engineering Ltd. • CBCL Limited • Dillon Consulting Limited • Exp Services Inc. • GEMTEC Limited • WSP Canada Inc. • Stantec Consulting Ltd. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff 25 M &C2015 -53 March 18, 2015 Page 2 averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $72 Intermediate Inspector - $81 Senior Inspector - $92 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All eight engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the eight consulting firms on a rotational basis. FINANCIAL IMPLICATIONS The total overall cost for engineering inspection services for 2015 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2015 to be approximately $850,000 plus 13 % H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2015 Capital Program project budgets. INPUT FROM OTHER SOURCES The Request for Proposal document and this report have been reviewed with the City's Purchasing Department. RECOMMENDATION It is recommended that Common Council authorize staff to establish supply agreements with the eight consulting firms noted above, at the hourly rates provided in this report totaling $850,000 plus HST for the provision of engineering inspection services for 2015 Capital Program projects. Respectfully submitted, t�4 Michael Baker, P.Eng. Municipal Engineer Win. Edwards, P.Eng. Commissioner Transportation & Environment 26 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO OMMON COUNCIL M &C2015 -49 March 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: f The City of Saint John SUBJECT: Materials and Construction Testing, Inspection and Engineering Technical Services — for 2015 and 2016 BACKGROUND A Request for Proposal (RFP) was advertised from January 29, 2015 to February 19, 2015 to engage an Engineering firm to carry out the following services for the above noted project: ♦ Asphalt Concrete Testing, Inspection, and Engineering Technical Services, ♦ Portland Cement Concrete Field and Laboratory Testing, Inspection, and Engineering Technical Services; and ♦ Soils and Granular Materials Compaction, Testing, Inspection and Engineering Technical Services. In each of these three areas there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base /sub -base aggregate for road construction, retaining wall construction and other projects. PURPOSE The purpose of this report is to make a recommendation for materials testing and inspection services for asphalt concrete, Portland cement concrete and soils compaction on various projects approved under the Operating Program, General Fund and Utility Fund Capital Programs. 27 M &C2015 -49 March 10, 2015 Page 2 ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on February 19, 2015 with responses received from the following six consulting engineering companies: • GEMTEC Limited, Saint John, NB • Brunswick Engineering and Consulting Inc., Saint John, NB • AMEC Environment & Infrastructure, Saint John, NB • Stantec Consulting Ltd., Saint John, NB • Conquest Engineering Ltd., Saint John, NB • exp Services Inc., Saint John, NB A Review Committee consisting of staff from Materials Management and Municipal Engineering was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Materials Management and Engineering to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's .Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees /Sub - consultants —Has. the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology — Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? M &C2015 49 March 10, 2015 Page 3 5. Cast — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Stantec Consulting Limited as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Stantee Consulting Limited met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost - effective bid for the project. Stantec's proposal scored the highest overall, offering the best overall solution for the City with the most comprehensive methodology and approach, a project schedule to meet project expectations and highly experienced and qualified project team members. Staff believed that Stantec's proposal demonstrated a deeper understanding of the scope and objectives outlined by the City and that Stantec's proposed methodology represents the greatest value for the City. FINANCIAL IMPLICATIONS The proposed cost of work from Stantec Consulting Limited to provide engineering design and construction management services for this project is $667,073.75 including HST, based upon estimated quantities. This cost is based on providing the requested services for a period of two years ($319,310.88 in 2015 and $347,762.87 in 2016). Funds to cover the cost of these services are included in the Operating Program, General Fund and Utility Fund Capital Program Budgets. INPUT FROM OTHER SOURCES: Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Materials and Construction Testing, Inspection and Engineering Technical Services. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. 29 M &C2015 -49 March 10, 2015 Page 4 POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. RECOMMENDATION It is recommended that the proposal from Stantec Consulting Limited for Materials and Construction Testing, Inspection and Engineering Technical Services for 2015 and 2016 in the amount of $667,073.75 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, k"ItIl /4 Rod Mahaney, C.E.T. Municipal Engineering Tech Wm. Edwards, P.Eng. r Commissioner Transportation & Environment 30 0 C_ Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -33 February 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Asphalt Resurfacing 2014 PURPOSE [44 6 The City of Saint John The purpose of this report is to update Council on the status of the two 2014 Asphalt Resurfacing Contracts and the associated costs. BACKGROUND The 2014 General Fund Operating Budget for Transportation and Environment Services and the General Fund Transportation Capital Program included provisions for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces, concrete curbs and sidewalks under the Maintenance and Capital Programs. In 2014, two contracts were issued by the City for the completion of this work. On April 28, 2014 (M &C 2014 -49) Common Council awarded Contract 2014 -8: Asphalt Resurfacing 2014 to Classic Construction at their tendered price of $4,153,173.75 based on estimated quantities. On July 7, 2014 (M &C 2014 -113), Common Council awarded Contract 2014 -13: Asphalt Resurfacing 2014 Phase II to Classic Construction at their tendered price of $1,621,918.21. The work on these two contracts consisted generally of the supply of all necessary labour, materials and equipment for the placement of approximately 31,482 tonnes of Superpave hot - mix asphalt, the installation of approximately 13,865 lineal meters of concrete curb and 5,487 lineal meters of 1.5 meter sidewalk. 31 M & C 2015 -33 February 23, 2015 Page 2 ANALYSIS All of the work under the two contracts has been completed. The final quantities and change orders for the project have been finalized. The additional costs on the projects to date have been compiled into seven categories as follows: 1. Variation between estimated and final quantities incorporated into the Work 2. Costs related to the full depth asphalt "T Patching" at several locations. Contractor was directed to excavate and reinstate severely deteriorated base asphalt. Extensive work was done on Rothesay Road. 3. Asphalt unit price adjustment. In accordance with The City of Saint John General Specifications (Article 27.6.02), the contract unit price of asphalt has been adjusted to take into account the fluctuations in the price of asphalt binder between the month preceding the month of tender opening and the time when the asphalt was placed. 4. Costs related to exposing Natural Gas Lines due to proximity to new concrete curb and sidewalk locations. Work involved hand digging and the hiring of vacuum trucks to "Day light" gas lines. 5. Costs related to extra excavation and backfili at various locations. Contractor required to break rock for curb and sidewalk installation, place shouldering material on Loch Lomond Road, and SJ ENERGY pole relocations. 6. Retaining Wall Installations. New Allan Block Retaining Walls were required to improve steep sloping on residential lawns. 7. Fire Hydrant relocations, valve box renewals and water service repairs in conjunction with new curb and sidewalk installation. The final net costs of the two contracts based on change orders, additional quantities and other related work is $6,060,487.60. The total dollars provided by the City in the Operating Fund and the General Capital Fund was $5,999,782.30, the difference being a total budget over run of $60,705.00 The most significant additional cost to the contracts was the variation between estimated quantities and final contract quantities. This was due in part because paving limits were extended on various streets in an effort to take full advantage of the extremely competitive unit price of asphalt. The additional $60,705.00 can be accommodated within the overall 2014 budget envelope for Roadway Maintenance. 32 M & C 2015 -33 February 23, 2015 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, /0 61L' 16: Rod Mahaney. C.E.T. Engineering Technologist fj Wm. Edwards, P. Eng. Commissioner Transportation and Environment 33 R. Kevin Rice B. Sc., CET. Deputy Commissioner J. Patrick Woods, CGA City Manager Le giQQ W- 4.90 Douglas Avenuc Saint John, NB E2K 1 E7 March 2, 2015 City of Saint John Common Council Meeting Dear Council, THE ROYAL CANADIAN LEGION NEW BRUNSWICK COMMAND Phone: 1- 506 -634 -8850 Fax, 1 -506- 633 -4836 E-mail: lcgi o nCaj nhnet. nh. ca Web -Siter rwwrw.nUegion.ca I am writing to you concerning the New Brunswick Museum's proposed plan to expand the museum by building on land which is part of the Riverview Memorial Park on Douglas Avenue. As you are aware the park and monument were built in 1902 to honour New Brunswick veterans who served in the Boer War. As a result, the entire park should be viewed as sacred ground and development such as that proposed by the New Brunswick Museum should not be permitted. The Royal Canadian Legion New Brunswick Command is opposed to the New Brunswick Museum proposal to build on any part of the Riverview Memorial Park. The park should remain exactly as it was intended — as a memorial to our New Brunswick veterans — and it is up to current and future Councils of the City of Saint John to ensure that it does. Therefore, on behalf of all veterans we ask that you deny the request to disturb this ground and not allow any part of the park land to be used for an expansion by the New Brunswick Museum. Lest We Forget, Harold Harper Provincial President cm ' THE ROYAL CANADIAN LEGION LegTTIPF NEW BRUNSWICK COMMAND Phone: 1-506-634-8850 Fax: 1- 506 -633 -4836 490 Douglas Avenue E -mail: legion@ nbnet. nb. ca Saint john, NB E2K IE7 i+1l6-Site: www.n6.leginn.ra Legion in New Brunswick Opposes Expansion of NB Museum Legion opposed to the New Brunswick Museum proposal to build on any part of the Riverview Memorial Park SAINT JOHN, NB MARCH 2ND 2015 — The Royal Canadian Legion New Brunswick Command opposes any expansion of the New Brunswick museum at the expense of the Riverview Memorial Park on Douglas Ave- nue which is dedicated to New Brunswick Veterans of the South Africa War.. "The park and monument were built in 1902 to honour New Brunswick Veterans who served in the Boer War," states NB Command President Harold Harper. "As a result, the entire park should be viewed as a living memorial and development proposals such as that submitted by the New Brunswick Museum should not be permitted," adds Harper. More than 725 men with ties to the province of New Brunswick served with both Imperial and the Canadian Expeditionary Forces in South Afri- ca. The Riverview - Memorial Park on Douglas Avenue is New Bruns - wick's Boer War Memorial. It was established between 1904 -1902 and in 1902 trees were planted in memory of local soldiers, thus creating a liv- ing memorial park. In 1904, a soldier's monument was added to com- memorate seven of the fourteen men who died. 35 March 16, 2015 Dear Mayor and Council, I wish to submit the following letter to Saint John City Council in support of the proposed expansion to the New Brunswick Museum, and I urge our City Council to act quickly to help ensure that the needs of the museum are met. We just got back from a tour of the New Brunswick Museum Collections and Research Centre on Douglas Ave. When you visit the museum in Market Square, you don't realize that it is just the very small tip of a very big iceberg. The building on Douglas Avenue is completely crammed full of "stuff', most of it irreplaceable, and all of it interesting. It really is unbelievable the number of items housed in the Douglas Ave building. When most people think of "The Museum ", they think of the exhibition center at Market Square. But the museum is so much more, and the public display, while very interesting, is probably the least important part of what the museum does. Besides preserving artifacts from our past, the museum collects and preserves things from the world around us today. They do research and allow others to do research on a wide variety of topics, both of historical interest, and of interest to some of the things that are of concern us today in the modern world. For one small example, a researcher today can compare the DNA and composition of a robin from the past with one found today, to see how the environment and things like pollution and climate change may have affected them. And because of the work the museum does today, a researcher working 100 years from now, will be able to compare a robin as it exists today with one living in his time in the future. Does the robin today contain trace elements of pollutants we fill out air and soil with? How does it make the robin different than the one on the past? How have these contaminants affected the species over the years? We can answer some of these questions now because of the work the museum does, and 100 years from now, researches will be able to continue such work and answer similar questions in the future. This applies not just to the robins in this example, but to a vast array of plants, animals, insects, all of which the museum preserved in the past, and will continue to preserve for future generations. One comment one of the museum staff made was that they try to preserve things from today in 36 different ways, because they don't know what tests will be developed in the future. Today, we can also closely examine artifacts from the past in the museum's collections to learn from them. A few of the things we saw today in the Collections and Research Centre include fossils, baskets woven Canada's First Peoples, a wedding dress made locally over a hundred years ago, a head from Easter Island made of reeds, wood, barkcloth and paint, weapons made from wood and sharks teeth, plants preserved from the 19th century, many paintings, swords, a musket, birds and animals, and much more. And we were able to see the researchers and staff at the museum at work, identifying, examining, preserving, and doing original research on items that will become part of the collections so that they will be available to future generations for both display and research. It is obvious to anyone touring the Collections and Research Centre on Douglas Ave that they need more space. The collections seem to be crammed in so tightly that in places you don't want to move for fear of bumping into something fragile. Researchers and other staff seem to be squeezed into whatever space they can find between shelves and cabinets. The museum needs a modern environmentally controlled facility to allow for the preservation of what is currently housed in the Douglas Ave building, and to carry out the important work that most of us never see, or even think about. Using a relatively small portion of the Riverview Memorial Park to construct a new extension attached to the current building seems like the best and most logical option. Once a new expansion is ready, as it would be directly attached to the existing building, moving the collections to the new expansion would be safer and easier than any of the other options. Some of the items housed in the current building are very fragile, and moving them to an attached expansion would involve much less risk to the more delicate items than moving them to a non - attached building, or to somewhere else at a different site. Expanding the existing building would also allow the space in the expansion and the existing building (once renovated) to be utilized as a single Collections and Research Centre, rather than as two separate but connected buildings. A single centre would allow artifacts to be brought to classrooms, research labs, or display spaces within the building complex with minimal risk, where a separate building, even if connected by a tunnel or passageway, would not allow this in the same way an attached expansion would. The expansion and existing structure could be used like a single large building, which would make all of the functions of the museum easier, more economical, more productive, and less dangerous to the items in the collections. A small but vocal group has objected to using a small portion of the Riverview Memorial Park for the purpose of building an expansion for the museum. I realize that this park is dedicated to the memories 37 of some of our fallen military heroes and other citizens of from our past, but I did not realize this until I learned of the museum's plans to expand in that direction. I believe that expanding into the park will not adversely affect the memory of these people. In fact, quite the opposite. I did not know that this park had any special significance, and I suspect neither did most people. To help honour the memories of these people, once the expansion is complete, the wood from any of the trees that have to be cut down could be use to build park benches and /or carved into statues of those that the park honours. A display with information about the park and those that it honours could be placed near such benches and statues, bringing more public awareness to the memorial. As the park exists now, to many people it is just a few trees and a statue that they see when driving past it on Douglas Avenue. The expansion proposed by the museum could change this by revitalizing the park and truly honouring those that the park was meant to honour. The museum needs less than ten percent of the area of the park for the proposed expansion. When I look at their proposal, and consider the relatively small area of the park needed, the value of the collections in the Douglas Ave building, and the work done by the researchers and other staff at the museum, and when I consider the memories of those to whom the Riverview Memorial Park is dedicated, I can see no better option than to build the expansion as proposed by the museum. Sincerely, (Received via email) Doug McLean -7,1 PROCLAMATION WHEREAS the Academy of American Poets established the month of April as National Poetry Month in 1996; and WHEREAS National Poetry Month seeks to highlight the extraordinary legacy and ongoing achievement of American poets; introduce Americans to the pleasures and benefits of reading poetry; bring poets and poetry to the public in immediate and innovative ways; make poetry an important part of our children's education; and WHEREAS as National Poetry Month, under the leadership and direction of the Academy of American Poets, is now the largest literary celebration in the world; and WHEREAS poetry enhances and enriches the lives of all Americans; and WHEREAS poetry, as an essential part of the arts and humanities, affects every aspect of life in America today, including education, the economy, and community pride and development; and WHEREAS poetry has produced some of the nation's leading creative artists and has inspired other artists in fields such as music, theatre, film, dance, and the visual arts; and NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim April 1 through April 30 as National Poetry Month. I call upon public officials, educators, librarians, and all the people of Saint John to observe this month, to celebrate the cultural riches our community has to offer, and to recognize the important role poetry in creating and sustaining this great nation with appropriate ceremonies, activities, and programs. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 39 a ` �t G-_ flow Many Times Atlantis T Wice a day, the archipelago of small black of rock a league offshore sees what's left islands o {its million or so years go completely under. Then the see, with its absolute memory, agrees to pretend nothing ever made place or geography there. And we land lovers, to whom the waters always speak beneath their breath, l ook out, take the measure of how warm Atlantis went the brittle, ashy pageant of its h'orror OMMM one world's drowned and drowning history reduced to what's essential in the cold grey muscle of a wave breaking in the sun, lashed along its 1*1 v ne to white, tom to spray against the ruin of prophecy. No place in their shape or length, or sense for such an end. The waves don't end, of course. Rather, they're sent crawling up the beach to thin to of skin, their force to limit spent less than the depth their edges to transparency; what was dark now suffused with light so that a thing of moment made, of pure surface, might begin the journey back through no more or less than all it entered in., 40 PROCLAMATION WHEREAS: Oncology nurses are committed to providing quality oncology care; WHEREAS: Oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; WHEREAS: Oncology nurses endeavor to educate the public in the prevention and treatment of cancer; NOW THEREFORE: I, Mayor Met Norton, of Saint John do hereby proclaim April 7th, 2015 as Canadian Oncology Nursing Day and urge all residents of Saint John to join in observance and participate in activities to recognize the special contribution oncology nurses provide to the public. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 41 PROCLAMATION WHEREAS another Canadian is diagnosed with cancer every three minutes; and WHEREAS the Canadian Cancer Society is working to eradicate all cancers and improve the quality of life for people living with cancer; and WHEREAS daffodil month is an opportunity for residents of Saint John to show their support in the fight against cancer; NOW THEREFORE: I, Mayor Met Norton, of Saint John, do hereby proclaim April 2015 to be Daffodil Month and strongly encourage all residents of Saint John to continue to recognize and support the Canadian Cancer Society and the fight against cancer. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 42 PROCLAMATION WHEREAS The goal of National Nutrition month is to encourage all Canadians to eat well. WHEREAS Registered Dietitians are a trusted source of credible nutrition information and are launching a campaign focusing on helping consumers make healthier food choices. WHEREAS Canadians are interested in healthy eating and want information to help there achieve this goal — dietitians offer nutrition resources as well as interactive tools on the Dietitians of Canada web site — www.dietitians.ca WHEREAS To celebrate National Nutrition Month, the Dietitians of Saint John have organized a fun, educational booth at the Saint John Sea Dogs hockey game on March 11"'. Stop by the booth to learn about this year's theme and to pick up a healthy snack! NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim the month of March 2015 NUTRITION MONTH in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 43 ) Kierstead Road Rezoning Community Planning & Development Growth & Community Development Services RD �-p ti¢ 1r 7 A 4, UP a f - t Y 8Lti41 UAW Rom ApartmMt lit 2 - yr YY:C'a sW rr i , � 4 - e E � SF�Sak F Apsiftwf Unit i 80 Kierstead Road First Floor o 0 �3 n� Ire Roam 6 ROOM 5 * I Room 4 -V-&- Room 3 Room 2 —,I" Room, I . ► V1 tshroorm ) washroom t r M Ran ROM ROM Fe rn - -- -- - Qpt�yy /y�y ' w�. W F� R } N' aw, nA RMM Washroom f Kitc n Room ROOM 80 � er teal Road Second Floor w Room 8 foam 8T X \Vyo' fO �yP O P ❑ RD 4� �4. st I Gtr - Aar% TM AML- 80 Kierstead Road Recommendation Community Planning & Development Growth & Community Development Services Withhold third reading —allow for completion of: • curbing • work shown on approved plans • landscaping adjacent right -of -way PLANNING ADVISORY COMNHTTEE March 18, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 80 Kierstead Road On March 2, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 17, 2015 meeting. City of Saint John The applicant, Yang Fu, appeared before the Committee and spoke in favour of the Staff recommendation. Mr. Fu expressed concerns regarding landscaping of the adjacent Public street right -of -way to the edge of the travelled roadway due to the site's steep grade and rocky nature. The Committee expressed that the landscaping requirement is necessary to ensure that the appearance of the site improves. Staff noted shrubs could be planted along the side slope of the ditch, adjacent to the property, to meet the landscaping requirement. Following the discussion, Mr. Fu agreed to complete the work as outlined in the Staff recommendation. No other persons appeared before the committee and no letters were received regarding the application. After considering the report, the Committee recommended approval of the rezoning of the property subject to the deletion of existing Section 39 conditions relating to the use of the site as a group home and the addition of a Section 39 condition limiting the residential use of the site. It is also recommended that third reading be withheld by Common Council until previously required work has been completed on the site. Page 1 of 2 54 Yang Fu 80 Kierstead Road March 18, 2015 RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified by PID No. 00413799, from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). 2. That, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified by PID No. 00413799, imposed by Common Council on August 24, 2012 be amended as follows: a) by deleting conditions a) and c) relating to the zoning of the property for a group home; and b) adding the following as a new condition a): a) that the use of the property shall consist of a residential building containing apartments and /or rooms in a rooming house; 3. That third reading and adoption of the proposed rezoning not be given until the applicant submits verification from their engineering consultant that the following work has been completed: a) installation of the required concrete curbing; b) construction of work shown on the approved drainage plans; and c) landscaping of the adjacent Public street right -of -way to the edge of the travelled roadway. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 55 n Ae city of Saint John Date: March 13, 2015 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, March 17, 2015 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: Yang Fu / Sunstar Limited Sunstar Limited 80 Kierstead Road 00413799 Stable Residential / Regional Retail Centre Neighbourhood Community Facility (CFN) Mid -Rise Residential (RM) Rezoning The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, March 30, 2015. SUMMARY In 2014, City staff became aware that the building was being used illegally as a residence, which is not permitted under the site's institutional zoning. Following the commencement of 56 Page 1 of 7 Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 enforcement action, a rezoning application was filed by the property owner to rezone the property to permit residential uses. The subject property and surrounding neighbourhood are located on the boundary of the Stable Residential and Regional Retail Centre designations on Schedule B of the City's Municipal Plan. Approval of the rezoning application will provide zoning to permit the use of the building as a multi -unit residential building that contains two apartments on the ground floor and an 8 room rooming house on the second floor. The proposed rezoning is compatible with the neighbourhood context. The site is located on the City's West Side, which has a mixture of residential and commercial zones. The proposed rezoning also fits within the Municipal Plan's established vision for the area and presents no apparent land use conflicts. Staff recommend approval of the proposed rezoning subject to a condition limiting the use of the property to a building containing apartments and/or a rooming house. Conditions relating to the 2012 approval of the property for a group home are recommended to be deleted and replaced with conditions limiting the use of the property to the residential uses proposed. It is also recommended that third reading of the rezoning be withheld until the following work, required as conditions of past approvals, is completed: the installation of concrete curbing in the parking area; construction of work shown on the approved drainage plans; and landscaping of the right -of -way in front of the site. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified by PID No. 00413799, from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). 2. That, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified by PID No. 00413799, imposed by Common Council on August 24, 2012 be amended as follows: a) by deleting conditions a) and c) relating to the zoning of the property for a group home; and 57 Page 2 of 7 Yang Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 b) adding the following as a new condition a): a) that the use of the property shall consist of a residential building containing apartments and/or rooms in a rooming house; 3. That third reading and adoption of the proposed rezoning not be given until the applicant submits verification from their engineering consultant that the following work has been completed: a) installation of the required concrete curbing; b) construction of work shown on the approved drainage plans; and c) landscaping of the adjacent Public street right -of -way to the edge of the travelled roadway. DECISION HISTORY The Planning Advisory Committee, at its June 26, 2007 meeting, considered a variance application to facilitate the development of a hotel with auxiliary storage. The Committee denied the requested variance to permit a reduced landscaped yard adjacent to the residential zone, but granted the requested variances to permit a minimum landscaped front yard setback of 6 metres for the proposed building and 0 to 6 metres for the proposed parking and loading areas, and to permit a proposed loading space with a minimum length of 7.5 metres. Approval of the variances was subject to several conditions, provided in Appendix A, including the installation of cast -in -place concrete curbs where deemed necessary by the Development Officer. Site and drainage plans for the subject property were approved by Municipal Operations and Engineering on February 7, 2008. On August 24, 2012 Common Council considered a rezoning application to facilitate the change of use of the property from a hotel with auxiliary storage to a group care facility. Council approved the rezoning of the property from "1 -3" Light Industrial Park to "IL -1" Neighbourhood Institutional subject to several conditions, provided in Appendix B, including the installation of cast -in -place concrete curbs and the construction of a catch basin and drainage swales. However, the owner has not installed the concrete curbing, catch basin or drainage swales as per the approved plans. ANALYSIS Site and Neighbourhood The subject property contains a two- storey building located in the Fairville neighbourhood of the City's West Side (see attachments). The subject site is situated between Fairville Boulevard, a 58 Page 3 of 7 Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 busy commercial corridor, and Manawagonish Road, a historic residential street. The subject property is currently zoned Neighbourhood Community Facility (CFN), which is complementary to the surrounding neighbourhood context. The properties to the south of the site are predominantly zoned Corridor Commercial (CC) and Regional Commercial (CR) and those to the north One -Unit Residential (R1), Two -Unit Residential (R2) and Mid -Rise Residential (RM). The site is triangular in shape with a frontage of over 80 metres and a lot area of approximately 1636 square metres. The elevation of the site ranges from 22 metres above sea level at the southeast corner of the site to 30 metres above sea level at the northeast corner of the site. Proposal Sunstar Ltd., the applicant, is seeking to rezone the above property from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM) in order to permit the conversion of the existing building to a multi -unit residential building containing two apartments on the ground floor and an 8 room rooming house on the second floor. No expansion of the building is proposed. Municipal Plan and Rezoning The site is on the boundary of two Municipal Plan designations, Stable Residential and Regional Retail, and can be considered to be in either one. The intent of the Stable Residential designation is to acknowledge areas that are generally built -out and not anticipated to receive major change over the planning period. These neighbourhoods are located within the Primary Development Area, are generally on municipal services, and have the potential to accommodate additional development, at a scale and density consistent with the surrounding context. The establishment of a multi -unit residential building with apartments and a rooming house is in keeping with the planned evolution of Stable Residential neighbourhoods as outlined in the Municipal Plan. The area is serviced and redevelopment within these areas builds on the City's investments in community infrastructure. A series of criteria to evaluate a proposed rezoning within Stable Residential areas is provided in Policy LU -88 of the Municipal Plan. This criteria includes items such as compatibility with surrounding land uses, demand on City services, and building and site design. Given the location of the site, the use of the existing property for a multi -unit residential development will act as transition of land use intensity between the commercial area along Fairville Boulevard and the existing residential areas in the First Avenue / Manawagonish Road neighbourhood. In addition, the elevation difference between the site and the properties along First Avenue ranges from 5 metres to 14 metres, providing a separation between the development site and the existing residential area along First Avenue. The current proposal reflects a decrease in the intensity of use of the site compared with past approvals for a hotel and group home. Uses associated with past approvals involved were commercial or institutional and presented the potential for a higher degree of activity on the site throughout a 24 -hour period. Given this, the proposed rezoning is consistent with the direction 59 Page 4 of 7 Yang Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 provided by the Municipal Plan, compatible with the fabric of the surrounding community, and can therefore be supported. Municipal Operations and Engineering approved site and drainage plans for the subject property in February, 2008, copies of which are provided in Appendix C. However, work shown on these plans has not been completed. As a result, Staff recommend that third reading of the rezoning be withheld until the following work is completed by the developer: • Concrete Curbing in Parking Area - Installation of continuous cast in place concrete curbing in the parking area was a condition of the 2007 variances. To date the curbing has not been installed. • Compliance with approved drainage plan - There are elements of the approved site drainage plan that have yet to be constructed. If the developer elects to not complete the work as shown on the previously approved plans, the developer's engineering consultant will be required to submit a new engineered stormwater drainage plan and design report to the City for review and approval. Any work shown on the new plans will be the developer's responsibility and cost to complete. • Landscaping - The approved plans for the development show landscaping of the City right -of -way between the front property line of the site and Kierstead Road. To date, the only work completed has been lining portions of the ditch with rock. Under the provisions of the Community Planning Act, third reading must occur within 6 months of the date which the notice of the Public Hearing was advertised (March 5). Withholding third reading will provide the applicant time to complete the work during the early part of the 2015 construction season and provide time for the applicant to work with Building Inspection staff on any building construction issues that affect the required Change of Use application. The application must receive third reading by September 5, 2015, for the rezoning to be completed. Otherwise, the zoning of the property will remain CFN and the applicant will have to reapply to rezone the property. Staff also recommend that two Section 39 conditions relating to the use of the property of a group home be deleted as they are no longer relevant. Conclusion The subject site is located in the Fairville Boulevard area of the City where there is a mix of residential and commercial zoning and uses. The residential neighbourhood is designated Stable Residential on Schedule B of the City's Municipal Plan, which recognizes the potential for redevelopment and reuse in these neighbourhoods over time. The subject property is currently being used as a residence illegally as it is zoned Neighbourhood Community Facility (CFN). Rezoning the site to Mid -Rise Residential (RM) will allow for the use of the existing building as a multi -unit residential building and /or rooming house. This use is compatible with the surrounding area and builds on existing investments in the infrastructure and other assets that service these 60 Page 5 of 7 Yang Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 areas. Approval is recommended subject to a condition limiting the use of the property and completion of work shown on the approved site and drainage plans. ALTERNAT."VES JAUNID OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 24, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on March 5, 2015. SIGNATURES AND CONTACT Prepared by: �') + 86.4 l yi'L..� Kristen Flood and Mark Reade Planner and Senior Planner Contact: Mark Reade Phone: 506.674.4238 E -mail: Mark.Reade @saintjohn.ca Project: 15 -021 Approved by: Stacey ` orfar, MBA, �P, RPP Deputy Commissioner 61 Page 6 of 7 Yang Fu / Sunstar Ltd. 80 Kierstead Road March 13, 2015 APP E.`N U Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Floor Plan Appendix A: Conditions attached to 2007 Variances Appendix B: Conditions attached to 2012 Rezoning Appendix C: Approved 2008 site and drainage plans and 2009 amendment 62 Page 7 of 7 Mai Site Location 80 Kierstead Road Date: February 20, 2015 Tk- City Orsaint lohn 1 ` . KIER3 D RD \� \ /0��"�" Map 3 - Zoning 80 Kierstead Road Date: February 20, 2015 the Si�+�saint ��lut / L d"; gyp. i \ �E iT KIERSTEAD RD 1 CE Section 39 Conditions Mid -Rise Residential (RM) Low -Rise Residential (RL) Two -Unit Residential (R2) 3 One -Unit Residential (R1) Regional Commercial (CR) _ Corridor Commercial (CC) General Commercial (CG) Neighbourhood Community Facility (CFN) i ill VwCit%, of saim John 981 Map 4 - Aerial Photography 80 Kierstead Road Date: February 20, 2015 NO ., . 981 � .. y t .a• � , '?� 1'x Nk KIERSTEAD RD ILA �► t.� ,, V_ Map 5 - Site Photography 80 Kierstead Road Date: March 4, 2015 '�7utltyafS�at Whn Photo 1: Front of building, as seen from Kierstead Road Photo 3: View of ditch infront of property 67 Photo 2: Side of building, as seen from Kierstead Road Photo 4: View of ditch in front of property 70 Appendix A: Conditions attached to 2007 Variances a) The developer must pave all parking, loading, vehicle manoeuvring areas and driveways with asphalt. b) All paved areas must be enclosed with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect landscaping and to facilitate proper drainage. c) Adequate site drainage facilities, including catch basins(s), where necessary, must be provided by the developer in accordance with a detailed grading and drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. The grading and drainage plan shall indicate existing and proposed elevations for all disturbed areas of the site. d) Overhead electrical power and telephone service may be provided to the rear or side of the building from the existing overhead lines located along the northeast side lot line of the site only; otherwise, all utility connections must be provided underground. e) All disturbed areas of the site not occupied by the building, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend into the public street right -of -way to the edge of the travelled roadway. f) Exterior building facades shall be finished with high quality materials and may not include on any surface: galvanized, unfinished metal, concrete block or panels without an architectural finish, except for the walls facing the side lot lines, any type of metal siding on the bottom one -third of the wall area. g) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, illustrating the location and exterior finishes of buildings, driveway access, parking area, exterior lighting, freestanding signs (if any), landscaping and other such site features, and the approved site and building elevation plans must be attached to the application for building permit for the development. h) Prior to constructing the foundation for the proposed building, the developer must submit a survey plan to the Development Officer, certified by a New Brunswick Land Surveyor, confirming that the footings for the proposed building are clear of the municipal services easement and in compliance with the yard requirements for the "1 -3" Light Industrial Park zone, as varied by the Committee. h) All site improvements shown on the approved site and grading /drainage plans must be completed within one year of approval of the required building permit. 71 akppendix B: Conditions attached to 2012 Rezoning Pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID NQ. 00413799, be subject to the following conditions: a. The proposed group care facility is limited to a maximum of 14 residents; and b. The required concrete curbing be installed and verification provided by the owner's engineering consultant that the catch basin and drainage swales have been constructed as per the approved plans. C. The zoning of the property be reverted to the previous zoning should the application for the proposed group care facility be denied by the provincial Department of Social Development. 72 Appendix C: Approved 2008 site and drainage plans and 2009 amendment 73 `. s z to 4 I 1 i S$ e a 0 w F— 1 i el Ul E visit ._ CD 12 U) z o z U) z O r,// - LL z U m W yz LJe� W }-- g C. CO z W 9 z U z > z ui p FW_— N H 0 ( U m N n co L_ CD U) Q 0 U Z D c.i cn v LL O ~W W W W 74 N" �41z It ,• g d �a•b - co o Z uj ! w rid W �' e . a, Q #, 1, a 7 f �grr S a l tfC� .:4E eYC6 Y€ 4�s� YE R 5 tj a 4 � € =� ea a�i k�e •4445 i e oil.l % %�� oil lit, b �n 7 M Q L W s Y r p! o ULI Mi iFeg aD �i[� i� i `kiln\ I 1 t \ \Fl�-Aq 1 t L' 1 \ \ . e 76 E I ' i 77 . -"� ( Xte, E 0 � M Z sr -� O N �# � If Ao m . Z lkv If r 4 Q O � � t � s r Ap s Ix RAY E A �� A a� R_ E�ET Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.00 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 80 KIERSTEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The Zoning By -law of The City of Saint John at its regular meeting to be held in the Council Chamber on Monday, March 30, 2015 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID No. 00413799, from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM), REASON FOR CHANGE: To permit two apartments and a rooming house in the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of 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'ARRETE DE ZONAGE OBJET: 80, CHEMIN KIERSTEAD Par les presentee, on avis public est donne par Iequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, lors cle la reunion ordinaire qui se tiendra clans la salle du conseil le lundi 30 mars 2015 a 18h30: Rezonage d'une parcelle de terrain dune superficie d'environ 1 636 metres carres, situee au 80, chemin Kierstead, et portant le NID 00413799, de zone d'installations communnutaires de quartier (CFN) a zone residentelle — immeubles d'habitation de hauteur moyenne (RM). RAISON DE LA MODIFICATION: Permettre deux appartements et une maison de chambres cans le Wtiment exMant. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'h6tel de ville situe au 15, Market Square, a Saint John, au Nouveau- Brunswick., entre 8 h 30 et 16 h 30 do lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections an projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en frani;als pour une reunion de Conseil Communal, veuillez contactor le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: 7611763R Ad ID: 7027370 Ad legacy: 7611763 Current Date: Feb 23 2015 03:31 PM Start Date: 3/5/2015 End Date: 3/5/2015 Color: B/W Client Approval OK ❑ 79 Corrections ❑ (aussi disponibie en franyais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar! Compatible Use [*� Zoning By -law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change 1 Re- establislunent of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information r Name of Applicant YCIA Mailing Address of Applicant {with Postal Code} /} y I � !�� 't i G Cz6. 7. Home Telephone Number Lj-Ct� �S Work Telephone Number Fax Number E -mail Cl Dt OWL 5 Name of Property Owner (if different from applicant) S)"tlSt L" i r- Mailing Address (with Postal Code) Ki r �� {Rim —� 6=c �� _t h a jug 'property Information SID D Civic # Existing Use of Property Existing Plan. Designation of Property( Existing Zoning of Property Description of Application Street PID ,srr„ hVt, 1', Q �cu Proposed Use of Property twin Un4s S loam ,: a 1B' -0° Room 6 72'-B' - i2'•B' 12=9" !2'9 "- ;hroo M Room 5 a Room 4 - - - I Room 3 Room 2 Room ? Washroom Washroom Room b Landry Washroom Room Room 80 Kierstead Road Second Floor ' Washroom Washroom; ;Washroom Room Room - -- - -- Roam `s;7F , Washroom Room LI , I Ut ility MIMII Room I Washroom Kitchen !? Kitchen Room r 7!'A" Room 8 l2W Washroom Room Room 7 Bedroom Apartment Unit 2 to Sink Kitchen :w 9w xer LIE Kitchen 71 Yi Bedroom F. 80 Kierstead Road First Floor i W—Com utility Room Kitchen DAV Sink Sfav Apartment Unit I 0 LE LA (� Bedroom ,g I , BY -LAW NUMBER C.P.111- 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 fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1636 square metres, located at 80 Kierstead Road, also identified as PID number 00413799, from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM) - 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. 2015 and signed by: Mayor /Maize ARRETE No C.P. I 1I- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 1 636 metres carr6s, situ6e au 80, chemin Kierstead, et portant le NID 00413799, de zone d'installations communautaires de quartier (CFN) a zone r6sidentielle — immeubles d'habitation de hauteur moyenne (RM) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - 10 -40 Elliott Row Rezoning Community Planning & Development Growth & Community Development Services �rfiF � sr Vr -N :r �N N e E- t A 571 Sj E SG 5- b t jN. O FI�7F A �Ky Ptmom" 0 1 1 LOW m 1 11 91 -4 AM Ity4VAULIK IMAINA11 '''414111 % "'41ATANAVA OMAY %VI%Ik%% kITA14VA 14%14%11 it -%VAT AV4 ---% -kit VAI VA VA VAI �� '�_ i� IVAI All proposal ;- -AL -- 0 r- _ rr11 11) 11 _c'— "_ ,r � / �� '— ,. ' � �'� mil• � _ �il•_. ro�r �i� 7ru a�_1a ��4. .. .. n�ro+y� a iT� "14111 A ON TA �i�Eittti lliEElEEiiS:;p .. 10 YI •,i: . �1 ..� . 1� Y+�. mmmn1iEE1H1Nl proposal ■ a� z ik�# w «m,s ON � , 3 � / ys#© , ►� .� � f � / � ^^ ' UMON 57r _ .ter ■ � a � ^ : _ � � « a -- �� MWWO ��r 4 TM _ ,� 10 -40 Elliott Row Recommendation • Rezone the subject site • Subject to Section 39 conditions • The Committee approve the proposed variance Community Planning & Development Growth & Community Development Services r"LA lr I G ADVISORY COMMITTEE March 19, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Proposed Rezoning 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street On March 2, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 17, 2015 meeting. Rick Turner, of Hughes Surveys & Consultants Ltd., representing the applicant, J.D. Irving, Ltd., appeared before the Committee and spoke in favour of staff recommendation. Mr. Turner explained that J.D.I. has grown its employment base by 20% over the past two years, and continues to grow and consolidate its workforce in the headquarters located at 300 Union Street. Mr. Turner stated that the landscape architects involved in the redevelopment of the site have paid close attention to the aesthetics of the Loyalist Burial Ground, and intend on implementing features to the subject site that creates continuity between the two adjacent areas. Mr. Turner explained that his client's intention was to construct the proposed parking area at the end of the previous temporary use approval, which expired in 2011. However, the company was not in a position at that point to move forward with the proposed enhancements. The Committee asked Mr. Turner if the development of the parking area would result in the closure of other surface -level parking lots in the vicinity, and possibly open them up for new construction. Mr. Turner responded that J.D.I. has properties in the area that are currently used for parking that they would like to Page 1 of 4 94 J.D.I., Limited 10 -40 Elliott Row March 19, 2015 eventually develop, but those plans are part of their long -term strategy and will not occur as a direct result of the current application. The Committee asked Mr. Turner who would be responsible for maintaining the pedestrian pathway that is proposed as a feature of the parking area, preserving public access between Wentworth Street and Carmarthen Street. Mr. Turner responded that J.D.I. would maintain the proposed walkway. The Committee expressed a concern that the parking lot may be used as a shortcut for motorists intending to access Elliott Row from Wentworth Street. Mr. Turner stated that it would not be in the interest of J.D.I. if this were to occur, and that appropriate measures, such as speed bumps or signage, would be taken to address the issue if it were to happen. The Committee raised a concern relating to traffic flow to and from the site, and asked staff if a traffic impact study should be required as a condition of approval. Staff responded that there will be no perceived negative traffic flow problems as a result of the proposed parking lot. Staff added that Engineering staff were consulted as a part of the internal feedback process, and did not express any concerns with regards to traffic flow. The Committee asked Mr. Turner why a parking garage was not considered in place of a surface -level parking lot. Mr. Turner commented that he was not entirely positive, but most likely the cost of such a structure would be prohibitive. The Committee commented that PlanSJ identified an abundance of surface -level parking lots, and addressed the need to place limitations on how and where commercial parking lots are established going forward. The Committee asked staff how the current proposal could be considered favorably in light of the policy direction offered by the Plan. Staff responded that the policy statements found in PlanSJ relate to stand -alone commercial parking lots, specifically lots that required the demolition of existing structures. The proposed parking area, if approved, would abut the J.D.I. office building, providing parking for staff, and not as a commercially operated lot. Staff stated that the advantages of retaining employment in the urban core area, which requires some level of parking, is a benefit to the community. Morgan Lanigan, a resident of the City, appeared before the Committee and expressed concerns with the proposed rezoning. Mr. Lanigan stated that closing a street in an urban area is not good planning practice, and that the current proposal should therefore not be supported. Mr. Lanigan stated that the applicant should consider transportation demand management strategies, such as encouraging carpooling, transit and cycling, in place of providing a large parking area for staff. The development of a parking lot on the subject site, Mr. Lanigan Page 2 of 4 95 J.D.I., Limited 10 -40 Elliott Row March 19, 2015 added, would limit the use of the site to parking and preclude any possibility of re- establishing residential presence on the block. Mr. Lanigan also stated that a traffic impact study should be conducted, and the application tabled until the potential traffic impacts are better understood. Mr. Andrew Pollock, a resident of the City, appeared before the Committee and expressed concerns about the proposed parking area. Mr. Pollock stated that the parking area was introducing 53 new spaces to the subject site, and not 131 spaces as indicated by the applicant. Therefore, Mr. Pollock argued that the suggested `relief' on other parking areas in the Uptown area was overstated. Mr. Pollock referred to a parking study that was previously conducted for the City that illustrated an oversupply of surface level parking lots in the Uptown area, and stated that the current proposal would contribute to this total. Mr. Pollock also discussed the negative impacts involved with stopping up and closing a residential street. He stated that the Peel Plaza development involved the closure of a street, which reduced connectivity through the Waterloo Village neighbourhood and had an overall negative impact on land use in the surrounding area. Mr. Pollock stated that closing a segment of Elliott Row would have similar impacts. Mr. Pollock argued that Elliott Row is a historic street that, despite being currently vacant, possesses future opportunity to increase vibrancy in the urban core. After considering the report, the letters received, the comments made by those appearing before the Committee, the Committee approved the proposed variance that would permit an access to be partially located within the intersection of Wentworth Street and Elliott Row, whereas the Zoning By -law requires an access to be separated by a minimum of 10 metres from an intersection. The Committee also recommended approval for the proposed rezoning, subject to the conditions identified below. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Nos. 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban Centre Residential (RC) and un -zoned street to Uptown Commercial (CU). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Nos. 00016626, 00016642, Page 3of4 96 J.D.I., Limited 10 -40 Elliott Row March 19, 2015 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row for a parking area serving the adjacent office tower at 300 Union Street, 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 parking spaces, accesses, exterior lighting, street furniture, and all landscaped areas; b. The site shall include the provision of a pedestrian walkway linking Carmarthen Street to Wentworth Street as a component of the development to preserve public access through the site, which shall be maintained by the applicant; c. The approved plans mentioned in condition (a) above must be attached to the application for building permit for the development; and, d. All work shown on the site plan must be completed by the proponent within one year of the building permit being issued. Respectfully submitted, Philip Hovey Third Executive Member Attachments Page 4 of 4 97 I Date: March 13, 2015 To: Planning Advisory Committee From: Community Planning & Development Growth & Community Development Services For: Meeting of Tuesday, March 17, 2015 SUBJECT Applicant: Hughes Surveys & Consultants Inc. (on behalf of J. D. Irving, Limited) Owner: J. D. Irving, Limited and City of Saint John (street right -of -way) Location: 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street PID: 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row (to be stopped up and closed) Plan Designation: Primary Centre Existing Zoning: Urban Centre Residential (RC) Proposed Zoning: Uptown Commercial (CU) Application Type: Rezoning and Variance that would: • Permit an access to be partially located within the intersection of Wentworth Street and Elliott Row, whereas the Zoning By -law requires an access to be separated by a minimum of 10 metres from an intersection. Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning 98 Page 1 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, March 30, 2015. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions SUMMARY The applicant is seeking to rezone the above properties from Urban Centre Residential (CR), including an unzoned portion of the Elliott Row street right -of -way, to Uptown Commercial (CU). J. D. Irving Limited, the applicant, is seeking to consolidate the existing lots and street right -of- way to form a parking area that, if approved, would service the adjacent J.D.I. office building. The proposed parking area has a total of 131 parking spaces, and includes six landscaped parking islands and enhanced landscaping features throughout the site (see attachments). The site also includes a pedestrian walkway that maintains a pedestrian connection between Carmarthen Street and Wentworth Street. The applicant has indicated that the site will be developed with the provision of park benches and decorative lighting, among other site features, that would enhance the aesthetics of the parking area and create some level of continuity in the built environment between the proposed parking lot and the adjacent Burial Ground. Rezoning several parcels of land in the urban core area from a residential zone to a commercial zone in order to facilitate the establishment of a parking lot is not an ideal use of land. However, the provision of parking in the rear yard of a corporate head office is not unreasonable as it helps retain a high level of employment in the Uptown area. The site has been a longstanding parking area associated with the J.D.I. corporate head office, but has been in a substandard state with an unpaved surface and no pedestrian access through the site. The proposed enhancements to the site will improve the aesthetics of the area, increase the safety and facilitate pedestrian access. Staff recommend approval for the proposed rezoning, subject to the condition that the development be carried out in accordance with a detailed site plan, subject to the approval of the Development Officer, illustrating the location of all landscaping features and street furniture, including benches, light standards and any other features, and the location and dimension of all parking spaces. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Nos. 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban 99 Page 2 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 Centre Residential (RC) and un -zoned street to Uptown Commercial (CU). 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Nos. 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row for a parking area serving the adjacent office tower at 300 Union Street, 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 parking spaces, accesses, exterior lighting, street furniture, and all landscaped areas, b. The site shall include the provision of a pedestrian walkway linking Carmarthen Street to Wentworth Street as a component of the development to preserve public access through the site, which shall be maintained by the applicant; c. The approved plans mentioned in condition (a) above must be attached to the application for building permit for the development; and d. All work shown on the site plan must be completed by the proponent within one year of the building permit being issued. 3. That the Planning Advisory Committee approve the requested variance from the requirements of the Zoning Bylaw that would permit an access to be partially located within the intersection of Wentworth Street and Elliott Row, whereas the Zoning By -law requires an access to be separated by a minimum of 10 metres from the intersection. DECISION HISTORY The Planning Advisory Committee granted temporary approval for the establishment of a 13 -car parking lot at 34 -40 Elliott Row on August 24, 1982 (to accommodate the needs of the SMT depot that was previously located at 300 Union Street). The temporary approval was limited to a period not exceeding one year. The Committee granted temporary approval for a larger parking lot on July 27, 2010 for the same properties subject to the current rezoning application, which was also limited to a period not exceeding one year. ANALYSIS Site and Neighbourhood The subject site is located in the Uptown area, east of the Loyalist Burial Ground and abutting the rear yard of the J.D.I. corporate head office located at 300 Union Street. The site extends 100 Page 3 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 from Carmarthen Street to Wentworth Street, and abuts the rear yards of the properties located between 111 and 149 King Street East. The surrounding neighbourhood of the South End peninsula is predominantly residential, with the exception of Union Street, which is a corridor that includes a mix of retail stores, office spaces, educational institutions and residential uses. The application includes 14 adjacent PIDs as well as the segment of Elliott Row between Carmarthen Street and Wentworth Street, resulting in a total area of approximately 6400 square metres. The lots are currently vacant with scattered surface parking existing throughout the site. Proposal The applicant is seeking to consolidate the existing lots to establish a parking area that, if approved, would service the adjacent J. D. Irving, Limited corporate office building at 300 Union Street. The submitted site plan for the proposed parking area illustrates a total of 131 parking spaces and includes four landscaped parking islands as well as other enhanced landscaping features throughout the site (see attachments). The applicant has also applied to close a 1702 square metre portion of Elliott Row, which will be considered by Council at its meeting on March 30, 2015. This area of Elliott Row is located between the existing parking area and the J.D.I. office building. The applicant has proposed to purchase the land for incorporation into the development. The development of the proposed parking area requires a rezoning as a parking area must be zoned the same as the use it is serving. In this case, the parking area is intended to serve the property containing the J.D.I. head office building, which is zoned CU. If approved, the parking area will be used exclusively by J.D.I. staff, and not available for rental to the general public. Municipal Plan and Rezoning The City's Municipal Plan provides direction with relation to the establishment of surface level parking lots in the Uptown. The Plan generally discourages surface parking as a land use in this area as it can lead to a reduced level of investment in the surrounding area. Parking lots limit the possibility for new development to occur on the property, and do not typically inspire growth in the adjacent areas. As a result, Policy LU -28 states that Council should "Generally discourage the development of surface parking lots in the Uptown, particularly where building demolition is required to accommodate the proposed parking." The spirit of this policy is intended to discourage the elimination of residential dwellings to establish surface level parking lots. Specifically, the Municipal Plan is targeting stand -alone commercial parking lots in urban core areas that require the removal of an existing structure as inappropriate in this context. The current application does not involve the demolition of any existing buildings, and only relates to lots that have been vacant for a minimum of six years. However, the provision of a reasonable amount of parking is at the same time a necessary 101 Page 4 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 component for an urban centre. The challenge is to establish parking in the right areas to accommodate the flow of people into the urban core, without developing incompatible land uses and compromising the long -term development of the community. Policy LU -28 goes on to state "However, where deemed appropriate, surface parking may be permitted on vacant or underutilized land on the fringe of the Uptown, in areas not visible from the street ". Establishing a parking area that services the adjacent office building can be considered appropriate in this context. The area immediately abuts the rear yard of the J.D.I. office building, which is an appropriate area to locate a large parking area associated with a commercial land use. The applicant has indicated that J.D.I. is experiencing considerable growth, placing greater demand on the need for parking. The pressure to provide parking for the staff has resulted in J.D.I. employees parking in as many as 15 different locations throughout the Uptown. The subject site currently has 78 parking spaces. The proposal is to establish an additional 53 spaces to the lot to provide a total of 131 spaces. If approved, the proposed rezoning of the site would therefore relieve approximately 53 parking spaces in other locations throughout the Uptown area (see attached "Context Plan "). If the application is not approved, however, the result will be that 131 vehicles will need to find parking in existing lots elsewhere in the vicinity of the J.D.I. head office. Zoning By -law The Zoning By -law prohibits establishing commercial parking lots in the Uptown Parking Exemption Area that had contained a main building on the date of enactment of the By -law (December 15, 2014). This provision does not apply to the present proposal as it does not involve a "commercial parking lot" as defined by the By -law, but, rather, a parking area accessory to the adjacent office building. Further, the last building to be demolished on the subject site was in 2009, which falls outside the designated timeframe in any event. The need for parking The subject block of Elliott Row was historically a residential area consisting of several dwellings originally constructed in the 19`h Century. However, the last remaining two structures on the block were demolished in 2009, leaving the entire frontage in its current vacant form. The vacant lots have been used over the years as surface level parking lot for the J.D.I. offices. Although temporary approval was granted to establish a parking area for 78 parking spaces on the subject site, that approval expired in 2011. The provision of parking for J.D.I. employees at the subject site has been an illegal land use since that time. The current application has been made to rectify this situation and legalise the land use. The need to increase the available parking for the J.D.I. site comes as a result of the increased employment they have been experiencing over the past couple of years. Currently the J.D.I. employees park in various lots throughout the Uptown area, stretching as far away as 55 Exmouth Street in Waterloo Village. The consolidation of staff parking to a single lot will help relieve the parking pressure on other parking lots in this vicinity of the City, or possibly free them up for possible redevelopment for other uses. 102 Page 5 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 Parking for business offices The subject site is located in the "Parking Exemption Area" designation on Schedule C of the City's Zoning By -law, which means that if the building were constructed today, it would require no off - street parking spaces. However, it is reasonable to assume that an office building with a gross floor area of 20,440 square metres would include some provision for staff parking. If the building were constructed outside the Parking Exemption Area, for example, the requirement would be to provide a minimum of 409 spaces. Most likely, this parking would be located in the rear yard of the building, and would include landscaping treatment that satisfies the requirements of the new Zoning By -law. The current application does not involve the construction of a new office building, but the provision of onsite parking is logical considering the corporate headquarters currently has 727 employees, which the applicant has indicated represents 20% employment growth over the past three years and the company is projected to continue to grow over the next few years. The existing parking area immediately adjacent to the J.D.I. head office building contains 77 parking spaces (see attached site plan). When added to the proposed 131 spaces subject to the current proposal, the total number of parking spaces for the office building, if the proposed rezoning were approved by Council, would be 208. Although a surface level parking lot is not an ideal land use in an urban core area, the provision of 208 spaces is approximately half the amount that would be required by the same building if it were constructed one block east of its current location (i.e. outside the Parking Exemption Area). The Municipal Plan encourages the location of corporate headquarters in the Uptown area as the increased employment in the city centre helps support other businesses in the area. A large corporate office, such as J.D.I., requires a significant amount of parking to accommodate the needs of their staff, and in this context it can be considered appropriate. Landscaping The applicant has illustrated significant landscaping improvements to the subject site. The enhanced landscaping includes over 70 trees and shrubs, a decorative retaining wall and a pedestrian walkway that traverses the site (see attached renderings). In addition, the proposed parking area includes six landscaped islands, good pedestrian connectivity through the site, and improved lighting making the space safer. The applicant has stated that the landscaping treatment is intended to extend the visual continuity of the Loyalist Burial Ground in effort to create an aesthetic connection between the two spaces. This will include similar light fixtures, the same species of trees and public benches. The J.D.I. office building currently has a bike rack located at the rear entrance. The provision of a bike rack encourages alternative forms of transportation, and, over time, reduces the pressure for vehicular parking. It should be noted that the applicant has circulated the proposal to rezone the subject area, including the renderings depicting the aesthetic treatments to the site. This information has been well received by the surrounding neighbourhood as it is a significant improvement to existing conditions. As a further gesture to the surrounding community, the applicant has also indicated that the site could be used as a snow ban parking lot during winter months, if the City were to have interest in utilizing the space for this purpose. Section 39 Conditions Due to the sensitivities of developing a surface level parking lot adjacent to a predominantly residential area, staff are recommending that, should Council approve the proposed rezoning, conditions be imposed pursuant to Section 39 of the Community Planning Act. 103 Page 6 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 Staff recommend that a site plan be submitted by the applicant, illustrating the location of the trees and shrubs proposed for the site, as well as the location of any street furniture and light fixtures proposed throughout the site, and including the location and dimension of the proposed parking spaces, subject to the approval of the Development Officer. The plan will include the addition of the proposed benches and human -scale light fixtures that are more appropriate for an urban environment, and the provision of a pedestrian walkway linking Carmarthen Street to Wentworth Street as a component of the development. Variances In addition to the proposed rezoning, the development of the subject site into a parking area requires a variance from the standards set out in the City's Zoning By -law to permit an access to be partially located within the intersection of Wentworth Street and Elliott Row, whereas the Zoning By -law requires an access to be separated by a minimum of 10 metres from the intersection. Locating the access in approximately the same area as the existing road entrance does not present any problems associated with traffic moving through the intersection or accessing the proposed parking lot, and is therefore supported by staff. Conclusion The applicant is proposing to establish a parking area for approximately 131 vehicles at the subject site, which would be used for the adjacent J.D.I. corporate offices at 300 Union Street. The company is currently experiencing growth and requires a greater number of parking spaces to meet the needs of the increased staff. Rezoning a property from residential to commercial to accommodate a parking lot is not ideal in the context of the urban core area of the City. However, the site has been used as a parking lot for decades, without the proper approvals or site improvements having ever taken place. The subject site abuts the rear yard of the head office building, and is ideally located to accommodate the growth of the company. The consolidation of the parking for the J.D.I. head office will also help free up other spaces in the Uptown area for potential future redevelopment. Increasing the employment opportunities in the Uptown is supported by the Municipal Plan as it provides a stronger urban core that several businesses depend on. Further, the applicant is proposing significant landscaping enhancements for the subject site, including a pedestrian linkage between Carmarthen Street and Wentworth Street that will be maintained, that will greatly improve the aesthetics of the neighbourhood. Staff recommend approval, subject to the conditions identified above. ALTERNATIVES AND OTHER CONSIDERATIONS Staff recommendation is to approve the proposed rezoning, subject to a few conditions to ensure the proper development of the site occurs in keeping with community expectations of quality design and tasteful aesthetic treatment in the urban core area. If there are concerns with 104 Page 7 of 9 J.D.I., Limited 10-40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 the site being used as a parking area for the corporate head office, the Committee may wish to deny the application. This would require the all existing parking in the subject area, including any new required parking that comes as a result of any future growth of the company, to be relocated elsewhere in the vicinity, and the subject site would remain in its current form. ENGAGEMENT Proponent The proponent sent out a letter to the surrounding community in February, 2015 soliciting feedback on the proposed rezoning. The applicant has indicated that the response was predominantly favourable. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on February 26, 2015. The public hearing for the rezoning was advertised in the Telegraph - Journal on March 5, 2015. SIGNATURES AND CONTACT Prepared,by- Approved by: Jody Kliffer, MCIP, RPP Stace orfar, MBA, MCIP, RPP Planner Deputy Commissioner Contact: Jody Kliffer Phone: 506. 632.6846 E -mail: jody.kliffer @saintjohn.ca Project: 14 -436 105 Page 8 of 9 J.D.I., Limited 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street March 13, 2015 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Renderings Submission 3: Context Plan 106 Page 9 of 9 Map 1 -Site Location 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street TjW City Of'"ns John Date: February 2, 2015 i_-I 1= X� 0 z NA Bqy Nqy - GO�NAV 1` pC1NG S� E 1 1 � I 1 n - P The City of-Saint aaLn ti �emmercfai t Corrfder a; � ec�� -,mss 1 T c� e� w Y MG S-� 0 q z �r7a G _ Map 2 - Future Land Use 10 -40 Elliott Row, 28 -36 Carmarthen Street, C-� , Mediumle ' ;,, Ni9hUensity S -` �� Resfdent►a! pg ob 77"1 and 25 Wentworth Street Date: February 2, 2015 0 xi `p„ G' . N�� Centre v C-� , Mediumle ' ;,, Ni9hUensity S -` �� Resfdent►a! pg ob 77"1 C�IF� f'gpQOCs,T KtNG� zo ti co JI, k 3� _ _ cy�'0 C 5� �O P Q Map 3 - Zoning 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street Date: February 2, 2015 Section 39 Conditions L WSS R S, it Planning Applications CL Cf� _ High -Rise Residential (RH) Urban Centre Residential (RC) Uptown Commercial (CU) General Commercial (CG) Local Commercial (CL) _ Business Park Commercial (CBP) Mixed Commercial (CM) ` Major Community Facility (CFM) NOE S Neighbourhood Community Facility (CFN) Park (P) SRC Tr Map 4 - Aerial Photography 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street Date: March 10, 2015 UK tity'Of Saint Palen +c + 7 + A3 Apt, e `•r 't ,� "x'3 +' UNION ST ,�` vv'$ y • 5 ,�. X11 QV UNION "STm ` r,�—r i0p' CO /.O .F� n �1 �t. v� g'1 'iF iti. fi•F. Q ll . �. Iz a4 t 1 ' ,- 4 OW fp VIVA a i` rn r � / n s 1N0 S� VAG VA a 400� Air t Sits Photography 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street lhc city vouin4John Date: March 10, 2015 Ir. Photo 1: Elliott Row Photo 2: Elliott Row and Wentworth Street Photo 3: Upper Parking Area Photo 4: Lower Parking Area 111 f- 'Zo P °0. CD CL -u (D 0 :3 :r to CD :3 OL za Z m ID M x 00 EO) :3 ;T 112 vaell WL 'Poll, '69— 'Alp ,,JON' loads 'Zo P °0. CD CL -u (D 0 :3 :r to CD :3 OL za Z m ID M x 00 EO) :3 ;T 112 Al Aj %ra 113 , Ll i I�j iw ' it Ev AF E ! L rt C 7 U. 1 Aff C7 ffy 17 �-ra /3 1 p � a 0 ht F crr p 71 fir �v JU r4 LW Eg IOU }i avr. 4 r WWI I G 11 -5=. r it ,m, ..° ��y , ,r► ° 4 �_. ar• VT is Ike, Al Ao \ , - Ito 1#1 i ir wi me 1�v CV E -r Is W k! FA 44 I SL y, 1 �HI`� t rt ■ . 4 ;r I I� n Any[. 4� y 1 - a � % - t 4- ✓ - --� r, 1 ;F r� I Y i tj A` , m Bill k :41t - +,. � *,� �. ► � it �� t' .0 4 ,r 4T S3. jr r _ ` � l r r. fi t "Rip Sir Irw � tA - . w a � 9 r �s n �_y �► X116` '. ><.. : Current parking areas used by ` JD Irving in Uptown Saint John `' f "` ' A0 -'. AY t. 1 �w• i , � � t i r EIraott arkir Lo A y� -� .•"^mow � ' _ � .•. t ^U `4 ,� ^7�! �t� ' •4 .. Aft Iy `! Tfi 4 . i{� R �R,, _r* t' � ,mow i ,_� �✓ .I a �y.�- � - �1�;` ,•`, }INK tt � � 1 f f _:PON ' 1. Proposed Elliott Row parking will free up about 146` _ additional parking spaces in Uptown Saint John i 141 ,1�i. - . n "">Ko' _-M _ *F !% - —LA '. r:i '•� ` 1�' � .� "' i � •M�l�� e l � • : �� KEY om loom 200m 300m 400m 500m JDI Owned City of Saint John Parking Commission ELLIOTT ROW JDI Owned/City Managed CONTEXT PLAN June 2014 BOA ■ ■■ 123 A. h;. fa NORTH From: Nancy Bartlett [ mailto :nancyEinterimmanagementnb.ca] Sent: March 11, 2015 10:35 AM To: 'planning @saintjohn.ca' Subject: Proposed Zoning By -law Amendment - 10 -4- Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street Good Morning, I wanted share my support for the proposed changes put forth by JDI in the letter dated February 26, 2015. I think the proposed plan will enhance my neighbourhood (backyard) and to date, all initiatives completed by Irving in my area have been well thought out and executed. Sincerely, Nancy Bartlett 137 King Street East 124 Lockhart, Lynda From: External - Planning Sent: March -05 -15 8:29 AM To: Kliffer, Jody Cc: Lockhart, Lynda Subject: FW: Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street From: Derrick & Linda [mailto:djbishop(�bnbnet.nb.ca] Sent: March -04 -15 8:27 PM To: External - Planning Subject: Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street Planning Advisory Committee members, We are writing in support of the Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street. We have been living at 139 King Street East for the past 14 years and love our neighbourhood and the uptown. The plan circulated by the city and by J. D. Irving, Limited looks like a great improvement to the neighbourhood. We've seen firsthand the effort and attention to detail that the company put into restoring the Loyalist Burial grounds and have no doubt that this development will be done with the same level of care and thought. They describe it as being an extension of their head office property which makes us comfortable with the ongoing attention and upkeep that the property will receive. Sincerely, Derrick & Linda Bishop 139 King Street East 506.657.2465 1 125 From: Nancy Bartlett [ mailto :nancy @interimmanagementnb.ca] Sent: March 11, 2015 10:35 AM To: 'plan ning @saintjohn.ca' Subject: Proposed Zoning By -law Amendment - 10 -4- Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street Good Morning, wanted share my support for the proposed changes put forth by 1D1 in the letter dated February 26, 2015. I think the proposed plan will enhance my neighbourhood (backyard) and to date, all initiatives completed by Irving in my area have been well thought out and executed. Sincerely, Nancy Bartlett 137 King Street East 126 Lockhart, Lynda From: External - Planning Sent: March -05 -15 8:29 AM To: Kliffer, Jody Cc: Lockhart, Lynda Subject: FW: Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street From: Derrick & Linda [mailto:djbishop@nbnet.nb.ca] Sent: March -04 -15 8:27 PM To: External - Planning Subject: Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street Planning Advisory Committee members, We are writing in support of the Proposed zoning by -law amendment - 10 -40 Elliott Row, 28 -36 Carmarthen Street and 25 Wentworth Street. We have been living at 139 King Street East for the past 14 years and love our neighbourhood and the uptown. The plan circulated by the city and by J. D. Irving, Limited looks like a great improvement to the neighbourhood. We've seen firsthand the effort and attention to detail that the company put into restoring the Loyalist Burial grounds and have no doubt that this development will be done with the same level of care and thought. They describe it as being an extension of their head office property which makes us comfortable with the ongoing attention and upkeep that the property will receive. Sincerely, Derrick & Linda Bishop 139 King Street East 506.657.2465 127 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: 571206 Size: 4.00 x 12.50 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 10-40 ELLIOTT ROW, 28 -36 CARMARTHEN STREET, AND 25 WENTWORTH STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 30, 2015 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID Nos. 00016626, 00016642, 00017046, 00017053, 00017061,00017079, 00017087, 00017095, 00017103, 000171 71, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban Centre Residential (RC) and un -zoned street to Uptown Commercial (CU), as illustrated below. REASON FOR CHANGE: To develop a parking area. The proposed amendment may be inspected by any interested person at the office of the J> 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 PROJ£T DE MODIFICATION DE L'ARRCTE OBJET: 10-40, RANG ELLIOTT, 28 -36, RUE CARMARTHEN, ET 25, RUE WENTWORTH DE ZONAGE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'Arr6t6 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la saIle du conseil le lundi 30 mars 2013 a 18 h 30 Rezonage d'une parcelle de terrain dune superficie d'environ 6 400 metres carr6s, situ6e au 10-40, rang Elliott, 28 -36, rue Carmarthen, et 25, rue Wentworth, et portant les NID 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 0001 7103, 00017171, 00017129, 55106827, 55106835, 55106843 et 6tant aussi une partie du rang Elliott, de zone residentielle du centre - ville (RC) et rue non zone a zone commerciale du centre -ville (CU), comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: D6veioppement �f dune aire de stationnement. Toulle personne intire5see peut examiner le projet 4 de modification rxc9A s au bureau du greffier communal ou au bureau du service de la crois5ance et du developpement communautaire a I'h6tel de Ville 5itu6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredl, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussigne a Fh6tel de Ville. Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: 7611673R Ad ID: 7027358 Ad Legacy: 7611673 Current Date: Feb 23 2015 12 :25PM Start Date: 3/5/2015 End Date: 3/512015 Color: B/W Client Approval 128 OK ❑ Corrections ❑ (aussi disponible en franfals) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use ® Zoning By -law Amendment M Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of J. D. Irving, Limited. Mailing Address of Applicant (with Postal Code) 575 Crown Street Saint John, NB E2L 5E9 Home Telephone Number Work Telephone Number (506) 634 -1717 Fax Number 506 634 -0759 E -mail rick.turner (a)hughessurve s.com Name of Property Owner (if different from applicant) J. D. Irving,_ Limited. Mailing Address (with Postal Code) c/o Hughes Surveys & Consultants Inc. Surveys & Consultants Inc. 575 Crown Street Saint John, NB E2L 5E9 Property Information Location see attached list Civic # Street Existing Use of Property Temporary parking Existing Plan Designation of Property Existing Zoning of Property RC Description of Application PID Proposed Use of Property Permanent parking solution Proposed Plan Designation of Property Proposed Zoning of Property CU Describe what you propose to do (attach additional pages if necessary). See attached pages for additional information NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writin sub ation is required. Signature of Applicant ' _ Signature of Owner Richard Turner for Hughes Surveys & Consultants Inc. for J. D. Irving, Limited Date t -el) ,� f,, . _ � : -r c ; Date Fk l- -V A &- �� x.01 S- For Office Use Only C Reviewed by ` Date e t Officer Information Accompanying Application: MLetter of Intent E�/ Site Plan ❑ Fee ❑ Tentative Subdivision Plan ❑ Floor Plans ❑�, /Building Elevations Sign Drawings {I% Other f , �.j ) �t *,.1, r• P.O. Box 1971 Saint John, NB Canada E2L 41-1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 (� The CkyofSaintJuhn SAINT JOHN 129 Description of Development Proposal — Rezoning of J.D. Irving, Limited properties J.D. Irving, Limited ( "JDI ") owns various properties in the block bounded by Wentworth Street, Elliott Row and Carmarthen Street and the rear of lots fronting on King Street. The land has been assembled over the years because of its strategic location relative to JDI's corporate head office. Many properties in the area were becoming dilapidated and in some cases, vacant, detracting from JDI's corporate headquarters. As a result, these buildings were taken down with the last buildings being removed in 2010. Over the years, JDI's corporate head office has expanded and it is anticipated that it will continue to expand as there is future growth within the company, its subsidiaries and /or related companies. It is important to note that the JDI group of companies Head Office at 300 Union Street is the centre for 727 employees (a 20% increase in the past three years) with approximately 60 additional employees in a swing space on Bayside Drive. It includes the executive offices and supporting services for the Sawmills Division, Woodlands Division, Pulp and Paper Division and Transportation Division with companies such as Atlantic Towing, JDI Logistics, and Kent Lines. Head Office is also the centre for Financial Services, Legal, Engineering, Sales, Environment, Continuous Improvement, Human Resources, Employee Benefits and Health Services as well as our Information Technology Division. It also includes the executive offices and related services for out Retail Operations (Kent Building Supplies). The growth of these companies will play an important role in the economic outlook for Saint John. In fact, our Pulp and Paper Division recently announced a $450 Million investment in our west side Pulp Mill and the work has already started. With the growth taking place in the corporate head office, J.D. Irving, Limited has invested over one million dollars each year for the past three years modernizing and renovating the building. The proposed site layout incorporates the company's holdings in this area and that portion of Elliott Row extending from Carmarthen Street to Wentworth Street. Since the various properties that fronted on the south side of this portion of Elliott Row are no longer reliant on it for access or services, it is proposed that this portion of the street be closed and purchased by JDI, subject to easements for any municipal infrastructure existing within the present right of way. The block face of Carmarthen Street from Union Street to King Street East will be consistent with the westerly block face insofar as there will be no intersecting streets at the midpoint. Consideration of the street closure and acquisition will be subject to finalization of the rezoning process. In recent years, JDI found it necessary to improve its parking arrangements for its employees and members of the public visiting their facility. In 2010, an application was made to utilize the subject area as a temporary parking facility. The company has looked at a number of options with respect to parking and has had conceptual plans prepared for a long range solution to the parking requirements. A Context Plan is included that illustrates the location of various surface parking areas in the vicinity of the JDI headquarters. If this proposal is approved approximately 131 of these spaces will come available. This would make available some of the smaller parking areas or would allow some sites to be developed for residential housing. The attached rendering depicts a conceptual layout for their proposed parking spaces on the site together with a dimensional drawing for bylaw standards review. Zone SJ standards have been taken into consideration in most areas of the layout. There arc a number of reasons to justify support of the proposal, some of which relate to the proposed concepts that will be taken into consideration when more detailed development plans are prepared. They are: • Consolidation of JDI's parking requirements will make available many current parking positions in the area that could then be developed or utilized by others. • A portion of Elliott Row that serves little function to the city would no longer have to be ploughed or maintained by the city if the street closure is approved • Some municipal services in the street no longer being used could be abandoned reducing costs to maintain services • The company would like to assure the safety of employees who have raised concerns about having to walk through the streets late at night and sometimes in difficult winter conditions. • Employees who have health issues or short term disabilities would be better accommodated. • Utilization of the parking area for a snow ban parking area is also a consideration that would be important to neighbourhood residents. P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B, Canada E2L4L1 ne city dsain[Jahn 130 P4al- SAINT JOHN Site development concepts proposed include: • A green space with pedestrian access will be retained and improved in the vicinity of the existing sidewalk between Carmarthen Street and Wentworth Street. The pedestrian access will incorporate ornamental lighting and benches to establish a park -like setting. Landscaping features will include shrubbery and trees along Carmarthen and Wentworth Streets similar to those used in the adjoining Loyalist Burial Ground. This will create a pleasant and functional extension to the Loyalist Burial Ground features and pedestrian walkway system. We propose approval of the proposal with Section 39 conditions requiring detailed plans be prepared by the proponent incorporating the site development concepts listed above. The detailed plans would require approval by the Development Officer prior to development. JDI is very supportive of use of alternate transportation methods but because of the diversity of its employee base mobility of a large number of its staff is necessary to run an efficient operation. It is important to mention that JDI has shown its commitment to encourage employees to consider alternate modes of transportation working through Saint John Transit and the Saint John Parking Commission. The company offers bus discounts to employees who use the ComeX service and received an award with respect to their involvement in supporting the ComeX service. Future considerations could include encouraging and rewarding the use of efficient vehicles such as Smart Cars and active transportation participants such as cyclists with credits or preferred parking arrangements. If approved, this development will provide convenience to employees and will accommodate anticipated future growth of its operations. Approval will make available parking spaces and /or sites on various scattered lots presently used by the company. The result will open up the scattered sites for infill projects that would likely, over time, comprise of new housing. The safety and well being of JDI's employees is something the company is anxious to address. As previously stated employees have raised concerns about having to walk through the streets late at night and sometimes in difficult winter conditions. Employees who have health issues or short term disabilities would also be better accommodated. As indicated in this application, JDI is also considering working with the Saint John Parking Commission to permit overnight parking for residents during parking bans for snow removal operations. Initiatives such as this are positive for area residents and the community in general. The quality of the development will assure a positive improvement to the area. In order to meet the company's goals and those of the community, representatives of the company have and will continue to work closely with City staff. Affected Properties PID Location O0016642 25 Wentworth Street_ 00017079 24 Elliott Row 00017061 26 -28 Elliott Row 00017046 40 Elliott Row 00017053 34 Elliott Row 00016626 28 -30 Carmarthen Street 55106843 Carmarthen Street 00017103 16 Elliott Row 55106835 Carmarthen Street 55106827 36 Carmarthen Street 00017087 20 Elliott Row 00017095 18 Elliott Row 00017111 12 Elliott Row 00017129 10 Elliott Row Elliott Row A portion of Elliott Row proposed to be closed P.O. Box 1971 $a int John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 SaintJohn. N. -B. Canada Eli 4L1 131 SAINT JOHN Z R 1hy '�' ter. , ; �i � ♦ ,, ,� 4 e 7 7 Proposers ' �,Ct'"5 R''.1L•`,�.+,• o<"w.''T *j' Parking Lot th AW -� • � � ` � rs.+4� ��i1� e 1; �� yam', r .� t `�.»� r ►,- 1 - � �P 4yp 2 4 Proposed Elliott Row parking will free up about 146,,, additional a nal�pa�rking spaces in Uptown Saint John A L� KEY om loom 200m 300m 400m 500m JDI Owned City of Saint John Parking Commission ELLIOTT ROW JD1 Owned /City Managed CONTEXT PLAN June 2014 132 BOA ... i...»Arrni,c p«ckiEcc�, NORTH y sg Dimension Plan J.D. Irving, Limited Headquarters, Proposed Parking Lot Expansion, City of Saint John, New Brunswick "'0`4 t' HUGHES SURVEYS & CONSULTANTS INC. Mts Jan. 28. 2045 30 0 10 20 30 q0 1:500 m eiree 2005 1 ' - "- __.,_ 1� f ° U Ll _1 � J � 1.�1.11- -11 1 11 [ i i I f f-I_t\j �, -1 I-`I4 r.- .j��11 1 1111 qtr �1 rrrr '''��r ggqqqq � rrr rq��gq �ggq�q rrrrrr q rggqqq iq 4U '''rrgq 'VAVA%ll �® �i, -AY4y � rqq, ►q ��%I111® AM -�r��q `q,t f P " 4 v I \ h X.. 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' . �"�� .- � III +�+�'�►�; .,. 00 µ _ L 1 rA Solo- At Ind dL .1 T 4 V # ei" ALM !!�l"" WIN 'a - _•x r BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111 - ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, 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 6400 square metres, located at 10 -40 Elliott Row, 28 -36 Carmarthen Street, and 25 Wentworth Street, also identified as PID numbers 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 and a portion of Elliott Row, from Urban Centre Residential (RC) and unzoned street to Uptown Commercial (CU) - 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. 2015 and signed by: Mayor /Maire d6cr&6 ce qui suit : L'arr&6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 6 400 metres carr6s, situ&e au 10- 40, rang Elliott, 28 -36 rue Carmarthen, et 25, rue Wentworth, et portant les NID 00016626, 00016642, 00017046, 00017053, 00017061, 00017079, 00017087, 00017095, 00017103, 00017111, 00017129, 55106827, 55106835, 55106843 et 6tant aussi une partie du rang Elliott, de zone r6sidentielle du centre -ville (RC) et rue non zon6e a zone commerciale du centre -ville (CU) - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2015, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 144 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 ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Lors d'une reunion du conseil Council of The City of Saint John as communal, The City of Saint John a follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 239 immediately after Section 238 thereof, as follows: decrete ce qui suit: 1 Par les presentes, Parrete de The City of Saint John intitule, << L'arretd sur P interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par Pajout de 1'articic 239 immddiatement apres Particle 238, comme suit : 239 The City of Saint John does hereby 239 Par les presentes, The City of Saint stop up and close permanently the John barre et ferme de faron permanente la following highway: route suivante : ELLIOTT ROW: All that portion of Elliott Row, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,702 square metres as shown on a Plan of Survey titled, "Showing portion of Elliott Row, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated June 23, 2014 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * * ** day of * * * * *, A.D. 2015 and signed by: Mayor/Maire RUELLE ELLIOTT: Tout le trongon de la ruelle Elliott, une rue pubiique dans The City of Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, d'une superficie de 1 702 m2 comme le montre le plan d'arpentage intitule « Showing portion of Elliott Row, City of Saint John, Saint John County, New Brunswick » (plan d'arpentage indiquant une partie de la ruelle Elliott, City of Saint John, comte de Saint John, Nouveau - Brunswick), prepare par Hughes Surveys & Consultants Inc. et date du 23 juin 2014, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * * ** * * * * ** 2015, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 145 %� *rr `t t 1 1 •, t i �'-IA. hrfllp.lpmftd Pmpo* ; ; .. ....... .. Fcfsaew%saara+i 16aQp royilMlfrilait r- , 1 i m +rcr+ wr sn fwhlrr 2 �.� 1�1f17. rr. "ara a e i a°i1ik 10M ,.a MOML �..�. .. OR r� e� Osmd a WM cift 1!N %%km far tM OM 2616* iwbvm �"`w*." wr Mc n+rwnww Sl i ct `96MY.lLa y' � 3 , 1•� �. we ; �r 1F.wv —FaMeN rMnMa 'W160 44 bon w,r ..� •" 4 J - l �M w +l.Mne. 6f.6wl�w W013 =M W. 14i^) t 1 t S z) M 0—mo n F a.iw , b aanwrk to hncnld ,iq,ipdmb Aldo 2) rr R�7?N ►w+ �,Ir WN. wlw. wAbs;p.r 7) 1re'w 11 wr.� ��r }100 4n�riei Ffaenefhi =0 h.lN 11 bw AMIOI. . 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A'.,w.aa++ t.rr ..wa. «+wrtn�ne y 606pN ao0e wxr - STREET CLOSING ELLIOTT ROW Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, March 30, 2015 at 6:30 p.m. to stop up and close the following highway: ELLIOTT ROW: All that portion of Elliott Row, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,702 square metres as shown on a Plan of Survey titled, "Showing portion of Elliott Row, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated June 23, 2014 attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N,B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658 -2862. FERMETURE DE RUE RUELLE ELLIOTT Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'« Arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >> lors de la reunion ordinaire qui se tiendra le Iundx 30 mars 2015 i 18 h 30 afin d'interrompre la circulation et de fermer la route suivante : RUELLE ELLIOTT: Tout Ie tronron de la ruelle Elliott, une rue publique daps The City of Saint John, comie de Saint John, dans la province du Nouveau - Brunswick, d'une superficie de 1 702 m2 comme le montre le plan d'arpentage intitule « Showing portion of Elliott Row, City of Saint John, Saint John County, New Brunswick >> (plan d'arpentage indiquant une partie de la ruelle Elliott, City of Saint John, comte de Saint John, Nouveau - Brunswick), prepare par Hughes Surveys & Consultants Inc. et date du 23 juin 2014, ci joint. (INSERER LE PLAN) Toute personne interessee peut examiner les projets de modification et le plan des rues decrites ci- dessus au bureau de la greffiere communale a 1'h6tel de ville 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 1'attention du soussigne a 116tel de ville. Si vows exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau de la greffi&e communale au 658 -2862. 147 I VIN J.Q.IRVING, LIMITED February 17, 2015 Landscape and Parking Improvements at J.D. Irving, Limited Head Office Building The J.D. Irving, Limited (JDI) head office building at 300 Union Street has been part of the neighbourhood since 1982. We are proud to call Uptown Saint John our home. Today, our building is the workplace for 725 employees — an increase of 20% in the past three years. Our operational divisions including sawmills, woodlands, pulp and paper, transportation, construction and equipment, and retail, as well as our corporate services such as financial services, legal, engineering, and human resources are all located in this building. In addition, every year we welcome hundreds of co -op students, and for over 15 years our volunteers have supported our neighbouring PALS school — Prince Charles School. JDI invested over a million dollars each year for the past three years in modernizing and renovating our head office. We are now planning to improve the parking lot south of the building between Wentworth Street and Carmarthen Street. This land was acquired by JDI over the last number of years. As you know, many of the properties were vacant and in a state of disrepair, detracting from our neighbourhood. This proposed development will make the area more attractive, as well as provide a safe and secure space for our employees and neighbours. The next step in this proposed development includes a rezoning and a plan to purchase and close a portion of Elliott Row between Carmarthen and Wentworth streets. Our development proposal is now before Saint John City Council for consideration and approval. In addition, in March we plan to conduct field geotechnical tests, including drilling, on this property to establish safe construction procedures. We want to share the details of this proposed development with you and seek your input. We are excited about these improvements and look forward to sharing more information with you in our efforts to make a safer, more beautiful neighbourhood. For more information: Contact: Geoff Britt Communications Officer J.D. Irving, Limited (506)333 -2300 Please see reverse for renditions of proposed landscape and parking improvements at JDI Head Office. MR Our proposed parking plan will be an extension of our building landscape which will include green space with pedestrian access in a park -like setting. i� The parking area will be available for use by neighbourhood residents during overnight snow parking ban periods. -Y } k IRV'ING J.D. IRVING, LIMITED 149 A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO 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 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 19th day of December, A.D. 2005 (the `By- law "), is hereby amended as follows: ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Lors d'une r6union du conseil municipal, The City of Saint John a d6cr&6 ce qui suit : Par les pr6sentes, Farr&6 de The City of Saint John intitul6 << Arr&6 relatif a la circulation dans les rues dans The City of Saint John 6dict6 conform6ment a la Loi sur les vehicules d moteur (1973) et les modifications aff6rentes », d6cr&6 le 19 d6cembre 2005 (<< ArrU6 »), est modifi6 comme suit: 1 Subsection 25(5) is repealed and replaced 1 Le paragraphe 25(5) est abrog6 et remplac6 with the following: par ce qui suit: 25(5) A person who wishes to stay overnight at a property that is listed in Schedule "O" may apply for a temporary residential zone parking permit. The fee for such a permit is $7.00 including applicable taxes. A temporary residential zone parking permit expires at 23:59 hours of the 6th day following the day on which it was issued. 25(5) Il est permit a quiconque qui d6sire passer la nuit sur une propri6t6 situ6e adjacente a une rue inscrite a 1'annexe « O » de faire la demande d'un permis de stationnement temporaire dans une zone r6sidentielle. Les frais d'obtention d'un tel permit sont de 7 $, taxes applicables en sus. Un permis de stationnement temporaire dans une zone r6sidentielle expire a 23 h 59 le sixie'me jour suivant le jour de d6livrance dudit permit. 2 Subsection 25(6) is repealed and replaced 2 Le paragraphe 25(6) est abrog6 et remplac6 with the following: par ce qui suit: 25(6) The annual fee for a residential zone parking permit shall be $48.00 including applicable taxes. 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. 2015 signed by: Mayor /Maire 25(6) Les frais annuels relatifs a Fobtention d'un permis de stationnement dans une zone r6sidentielle sont de 48 $, taxes applicables inclus. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le pr6sent arret6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 16, 2015 Premi6re lecture Second Reading - March 16, 2015 Deuxi6me lecture Third Reading - Troisi6me lecture 150 - le 16 mars 2015 - le 16 mars 2015 REPORT TO COMMON COUNCIL M &C 2015 — 61 March 30, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Somerset Community Centre — Decommission Plan BACKGROUND The City of Saint john The City of Saint John has operated the Somerset Community Centre (SCC) at the former St. Pius — Crescent Valley School since 1992. The centre has served the purpose of providing youth recreation programs, facility rentals for adult gym programs and youth birthday programs. Throughout the peak years over 100 youth attended the centre on a regular basis for the 32 week night -time and weekend program between October and May. There has been a steady decline in attendance to the current all - time low of 10 youth / night. A contributing factor to this decline was the displacement of 88 families along Churchill Blvd. in 2011 when 22 residential units were demolished by the Department of Social Development. Families displaced were not relocated within the neighbourhood. Furthermore, staff is recommending the closure of the SCC occur on May 31, 2015 for these reasons: 1) The new YMCA will open in November of 2015: The City of Saint John Parks and Recreation Master Plan (PLAYSJ), which focuses on reducing the quantity and improving the quality of recreation facilities, recommends the closure of the Somerset Community Centre align with the establishment of new YMCA. The YMCA will now serve as the quality recreation centre for the surrounding neighbourhoods. The new YMCA will offer the highest quality facility and program opportunities for the Crescent Valley youth that would typically attend the SCC. 2) With the opening of the revitalized Nick Nicolle Community Centre (NNCC) there now is a high quality recreation facility and programs that can support SCC youth who reside west of Rope Walk Road. The senior programs at the SCC can also be accommodated by the new NNCC. 3) Within a 1 kilometer radius of the SCC there are 7 other youth program agencies serving the Crescent Valley community, offering programs for youth ages 6- 17years. These do not include the future YMCA opportunities for this neighbourhood. 151 Report to Common Council M &C 2015- 61 Page 2 of 3 4) The City of Saint John continues to support recreation through PRO Kids and place on average 50 Crescent Valley youth in recreation, sport and art programs. Programs include ball hockey, basketball, boxing, cheerleading, choir, dance, football, gymnastics, ice hockey, horseback riding, jujitsu, karate, music lessons, soccer, summer camps, swimming, Tae Kwon Do and theatre arts. 5) The winter / spring program will also come to an end in May of 2015 leading into a down- time for the SCC. PLAYSJ also calls for the City of Saint John to explore opportunities to partner and support other organizations as alternative recreational service providers. Staff recommends an Alternative Service Delivery Model be explored with the YMCA to provide outreach programs for the Crescent Valley youth (Ages under 12) at the Hazen White St. Francis School to commence in the fall of 2015. This program will replace the 32 week program that the City of Saint John presently offers at this location. The YMCA and the Hazen White St. Francis School officials have expressed their interest in this program. ANAL NSiS The City of Saint John allocates an annual budget of $99,000 for the programming of the SCC which includes permanent recreation staff time. By closing the SCC in May of this year there will be a cost saving of $32,000 in 2015. Council could give further direction on how these savings are to be allocated for 2015. A savings of $68,000 would be realized for the full calendar year in 2016. The intention would be for staff to investigate opportunities to reinvest these savings in community outreach partnerships in the Crescent Valley neighbourhood and to report back to Council later in the year on potential alternative service delivery options. There will be a loss of revenue in the amount of $4,000 per year which is generated through gym rentals for adult ball hockey and occasional bookings for birthday parties. These groups may be accommodated at other recreation or school facilities that offer a gym rental program (Milledgeville Community Centre, Lorne School, Centennial School, and Millidgeville North School). Permanent staff will be assigned to support other service areas including the community development needs of the Crescent Valley and North End Neighbourhoods. RECOMMENDATIONS Staff is recommending Common Council approve; 1) The closure of the Somerset Community Centre effective May 31, 2015; and, 2) Direct staff to serve official `notice to vacate' to the Government of New Brunswick Department of Transportation and Infrastructure; and 152 Report to Common Council M &C 2015- 61 Page 3 of 3 3) Direct staff to explore opportunity with the YMCA to deliver outreach recreation programs for the Crescent Valley Neighbourhood as the alternative service delivery model. Respectfully submitted, Kevin Watson, B.P.E. Manager, Neighbourhood Improvement & Recreation Programming Services Patrick Woods, CGA City Manager 153 Jacqueline Hamilton, MURP MCIP RPP Commissioner, Growth & Community Development Services REPORT TO COMMON COUNCIL M & C 2015 -57 March 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of saint John SUBJECT: Contract No. 2013 -9: — Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3 BACKGROUND The drainage basin encompassing the Honeysuckle Drive and Sherbrooke Street area of the West Side comprises a drainage catchment of 100 +Ha. The basin is bounded by Manawagonish Road, Main Street West, Lancaster Avenue and Sand Cove Road. Sanitary sewer flows, natural runoff and piped storm water are directed by gravity downward into a relatively flat area at the bottom of the slopes. These waters then flow westward parallel to the Throughway (Route #1) toward the Lancaster Wastewater Treatment Plant (WWTP). Storm water is carried in Manawagonish Creek to eventual discharge into the Bay. The Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements program is a three Phase project. Phase 1 construction has been completed. Phase 2 is anticipated to be completed in late July 2015. The following projects were approved in the General Fund Capital Program under Phase 3: • Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Avenue • Honeysuckle Sherbrooke Street Drainage Basin — Lancaster Mall Area • Honeysuckle Sherbrooke Street Drainage Basin — Beaver Court TENDER RESULTS Tenders closed on March 11, 2015 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $768,122.02 2. Fairville Construction Ltd., Saint John, NB $833,299.86 3. Debly Enterprises Ltd., Saint John, NB $856,529.83 4. Maguire Excavating Ltd., Saint John, NB $1,134,761.48 The Engineer's estimate for the work was $ 790,000. 154 M & C 2015 -57 March 23, 2015 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal with the exception of the tenders submitted by Gulf Operators Ltd. and TerraEX Inc. The tender submitted by Gulf Operators Ltd. included a qualification to the terms of the Tender Documents and was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 j). The tender submitted by TerraEX Inc. did not include required documents specified in the Form of Tender and was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 h). Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Construction is expected to begin in May 2015 (dependent on Contractor's schedule) and continue until the middle of August 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and others. The analysis is as follows: Budget (PHI, PH2 & PH3) $4,075,000.00 Project (PHI & PH2 & PI-13) net cost $3,762,200.00 Variance (Surplus) $312,800.00 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications, 155 M & C 2015 -57 March 23, 2015 Page 3 RECOMMENDATION It is recommended that Contract No. 2013 -9: — Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements Phase 3 be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $768,122.02 (including HST) as calculated based upon estimated quantities, and :Further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Michael Baker, P.Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 156 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL September 2, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: SPONSORSHIP AND THE CITY OF SAINT JOHN City of Saint John BACKGROUND On August 5 , 2014, Common Council adopted a motion that requested the City Manager to "examine and report back to Council on how the City of Saint John could become better equipped to manage its sponsorship opportunities." As indicated in the original report, "sponsorship continues to grow as an important revenue generating activity for local governments, which has proven to yield additional revenue streams for those municipalities who have built capacity around sponsorship programming." The City of Saint John currently does not have a formal policy or program associated with sponsorship, which would encourage, plan, implement, monitor and control sponsorship- related activities on an informal basis within the municipality. While there is no formal policy on sponsorship, the City of Saint John manages to deliver sponsorship- related activity through the multitude of expertise across service areas, agencies, boards and commissions. In addition to the August 5th, 2014, Council resolution on sponsorship, Common Council also adopted a resolution on arena advertising to benefit P.R.O. Kids (January 20th, 2014) as well as a resolution associated with Ms. Cowie's feedback on best practices around public funds for public purposes (August 26th, 2013). ANALYSIS Before entering into an investigation of sponsorship alternatives for the City of Saint John, there is a need to understand the terminology around this matter. There are three primary terms that merit clarifying in order to proceed, including: Sponsorship — A sponsor gives financials consideration to the recipient (in this case the City of Saint John) in exchange for naming of public space (including municipal infrastructure, service, programming and event). Philanthr2py — A financial transfer to a recipient (in this case the City of Saint John), with no expectation of return (i.e. a gift). It is not uncommon however, to name public spaces in recognition of the gift, but there is no contractual obligation to do so. Commemoration/Reco nition — The naming of public spaces to commemorate or recognize an individual, group or event. No financial transaction is required between parties in this situation. 157 2 While this report will focus on the broader interpretation of `sponsorship,' any program associated with naming recognition/rights should account for generous philanthropic giving as well as the commemoration/recognition of distinguished local residents. In addition, a sponsorship program should identify the types of assets that are off - bounds in terms of private sector naming recognition. Some municipalities, such as the City of Brampton, have restricted tobacco companies and political endorsement of a political party through its sponsorship programming. The City of Saint John has a rich history of sponsorship, philanthropy, and commemoration, and the corresponding naming recognition of individuals, families, corporations and events that supported our community. The City's naming recognition includes: • The Emera Field at Shamrock Park (Sponsorship); • Nick Nicolle Community Centre (Commemoration); • Canada Games Aquatic Centre (Commemoration); • The King Edward VII Memorial Bandstand (Commemoration); • Larche Memorial Park (Memorial); • Sam Davis Drive (Commemoration); • Irving Auditorium at Imperial Theatre (Sponsorship); • TD Bank Eco- Centre Hubs (Sponsorship); • Wallace MacMurray Room, Lily Lake Pavilion (Sponsorship); • Canaport LNG Board Room, Lily Lake Pavilion (Sponsorship). SPONSORSHIP AND RESPONSIBILITY While there are opportunities to pursue sponsorship activity within the City of Saint John, it should be recognized that sponsorship programming is challenging to implement across the various services and entities of a municipality. In order for any sponsorship programming to achieve positive outcomes, there is a need to clarify roles and responsibilities as it relates to sponsorship, including who is ultimately leading the exercise as well as how revenues are to be used. For example, in the event there was interest in having the Trade and Convention Centre named after a private sector sponsor, the City should be comfortable with the contractual relationship it has with the facility as well as the Regional Facilities Commission, and the Trade and Convention Oversight Committee. MANAGING SPONSORSHIP — COMPREHENSIVE APPROACH In order to maximize revenue opportunities associated with sponsorship, a municipality should define the sponsorship value of its assets and programming. For example, if a private sector company were to seek naming rights of a municipal playground, the City of Saint John should have a clear understanding of the value of that particular sponsorship opportunity and negotiate an appropriate 158 9 agreement accordingly. For example, while a private sector company may want to provide a sponsorship of X dollars towards the naming recognition of a municipal playground, the actual sponsorship valuation, after completing an asset valuation exercise, was defined as a minimum of Y dollars for naming rights over a 10 year period for a municipal playground. A proactive valuation of sponsorship assets and programming also becomes beneficial when potential sponsors are shopping for particular sponsorship opportunities with a municipality. In such an event, a municipality can then share with the potential sponsor the inventory of available options with corresponding pricing. Staff have investigated the cost of a third party conducting a full valuation of municipal assets and programming for naming recognition, and the total cost ranges between $45,000 to $90,000 for comparable sized Canadian municipalities. This cost would incorporate the initial valuation, development of a sponsorship strategy and implementation plan. Staff also priced -out proceeding with only seeking sponsorship valuation of one municipal asset, and the cost is $7,500 to $20,000 per asset valuation (mainly for larger assets, such as arts centers, arenas, sport complexes /fields). If there was a will to continue pursuing /developing sponsorship programming in the City but without the support of third party expertise, it is important to recognize that a considerable amount of Staff time would be required to develop the program. A robust sponsorship strategy could include the following components: • Consultation framework in order to gather feedback from citizens and potential sponsors; • Identification of available sponsorship assets, programs and events; • Identification of needed human and financial resources in order to deliver sponsorship programming; • Marketplace study of existing sponsorship demand in Saint John; • Identify more thorough breakdown of best practices from other municipalities; • Develop guidelines and guiding principles to manage the program; • Develop value proposition, sponsorship package and benefits for potential sponsors; • Marketing and sales strategy to reach -out to potential sponsors; • Identify short- and long -term financial outcomes from program. In addition to upfront costs associated with sponsorship programming, there is also a need to consider the workload and corresponding operating cost of sponsorship management within the City of Saint John. After municipalities have completed a full valuation of their assets and programming, it is commonplace that a staff person or team supports the sponsorship strategy. A well- developed sponsorship strategy should account for the creation of supporting staff, which in turn, should attract sufficient investment to at least finance the cost of said 159 F11 v employee(s) salary and benefits. A sponsorship staff lead or office would be tasks with, among others: • Recruiting sponsors; • Establishing agreements; • Internal staff training; • Marketing the program internally and externally; • Reporting and monitoring on the progress of the program. When reviewing other municipalities and the function of sponsorship programming, it becomes apparent that sponsorship is often found in an economic development department/agency, parks and recreation or finance departments. ADVERTISING AND MARKETING Above and beyond sponsorship, philanthropy as well as commemoration, there is another form of financial relationship with the private sector that the City currently manages. While potential sponsors may seek naming rights of particular assets, programming and events within the City of Saint John, there is equally interest in using the City's assets, programming and events to advertise or market a particular brand or product. For example, a sponsorship relationship with a private sector partner could result in the naming of a free swim program at the Canada Games Aquatic Centre for a period of five years. On the other hand, an advertising relationship with a private sector partner could result in a temporary private sector banner on the walls of the Aquatic Centre for a one or multi -year period. Sponsorship relationships tend to be for a longer period of time, a larger exchange of funds, and naming rights associated with that particular asset, program or event. On the other hand, advertising relationships tend to be for shorter periods of time, a smaller exchange of funds, and no naming rights. PURCHASING ASSETS In addition to the above financial transactions, there is yet another form of naming - related transaction that should be considered when examining sponsorship. The City has received requests in the past from community groups and residents to erect a private memorial or recognition on municipal property. For example, the City has received requests to plant trees in recognition of a local resident or have a park bench installed to commemorate the recent loss of a resident. While the City has been able to accommodate such requests in the past on an ad -hoc basis, there is currently no policy to guide these types of requests, but a policy could be developed in order to manage future requests and /or to manage possible revenue generating activity for the City. 160 5 A MADE IN SAINT JOHN SOLUTION The best case scenario for the effective delivery of sponsorship programming for the City of Saint John would require the following: 1. The City engage a third -party partner to conduct a valuation of Saint John assets and develop a sponsorship strategy as it relates to naming rights; 2. The City develop a new position within the City of Saint John to manage sponsorship programming. These two facets would ensure a fully coordinated, integrated and consistent sponsorship program. However, there were no resources allocated in the 2015 City of Saint John Operating Budget to fulfill the requirements of the two facets identified above. With the acknowledgement that a best case scenario is unlikely to occur in 2015, Staff are proposing a Made in Saint John Solution. This solution must be viewed with the lens that the City will deliver sponsorship programming without additional staff support and without additional expenditures. The Made in Saint John Solution will enhance the culture of sponsorship in the City of Saint John, all while being a self - sufficient program with periodic oversight from an internal team of Staff. Saint John's sponsorship program will strive to fulfill the following high -level goal and objectives: That strategic sponsorship programming generate additional and new revenue streams for the City of Saint John • All sponsorship relationships should be consistent with the City of Saint John's long -term vision and values as well as Council Priorities, and should not compromise any of the City's bylaws or policies; • Sponsorship programming should ensure that there is a reasonable and fair balance between sponsorship, philanthropy and commemoration/ recognition in the City's naming recognition of municipal assets and programming, • Develop and enhance the culture of sponsorship across the City's service areas, agencies, boards and commissions. 161 W In order to manage the delivery of this Made in Saint John Solution for sponsorship, Staff will be required to develop a strategy to fully detail the scope of the program. The strategy will map -out all the necessary needed pieces of the Made in Saint John Solution as well as outline the sequencing of deliverables, in order to enable the City of Saint John to begin implementing a coordinated sponsorship program. The strategy will include a variety of deliverables, including, but not limited to: High -Level Sponsorship Policy In order to guide sponsorship programming, the City is well - served to develop a high -level sponsorship policy, which will detail the goal, objectives, roles, responsibilities, reporting framework and general governance of sponsorship programming. Marketing /Communications Strategy_ There is a need to develop a marketing strategy to share sponsorship opportunities with possible sponsorship partners. This information should be made available on the City website, and potential sponsorship partners should be able to easily access needed information as well as easily contact the City for inquiries or additional information. Sequencing of Actions A project plan will be developed to manage the various next steps in the pursuit of the Made in Saint John Solution, which includes the development of a policy and marketing strategy. The sequencing will detail the process of assembling the existing inventory of City of Saint John sponsorship opportunities (service areas, agencies, boards and commissions) available to private sector partners. As a general guideline, Staff are proposing the following timeline for the sequencing of actions: ACTION Present Sponsorship Report to Common Council DEADLINE March 30 , 2015 Creation of the sponsorship development project plan April 24, 2015 Assembly of existing inventory of sponsorship opportunities May 22" , 2015 Development of high -level sponsorship policy July 24", 2015 Development of marketing/communications strategy August P, 2015 Present Report to Council to final ap2roval August 29"', 2015 Information sessions with City Service Areas and ABCs September 16 , 2015 Full public roll -out of City's Sponsorship Program I October 21st, 2015 Governance While there are various employees within the City's service areas, agencies, boards and commissions with functions associated with sponsorship, no one employee's full -time responsibilities are to coordinate and manage sponsorship across service areas, agencies, boards and commissions. 162 In the event Common Council endorses the recommendations of this report, the City Manager's Office will oversee the development of the sponsorship program (present to mid- September 2015). However, as there is no employee tasked with the ongoing management of the program once it is fully developed, Staff will be required to identify a governance model to uphold the ongoing operations of the sponsorship program. The ongoing management of sponsorship is likely to be managed by a working group of senior management, who will meet periodically to review activity, update information and pursue sponsorship opportunities. OTHER SOURCES OF INPUT This report was developed with the support of both internal and external feedback and expertise, including: Strategic Services (City of Saint John); Transportation and Environment Services (City of Saint John); Harbour Station (Saint John); Finance and Administrative Services (City of Saint John); Solicitor's Office (City of Saint John); Crescendo Fundraising Inc (Calgary); Partnership Group (Calgary); Centre of Excellence for Public Sector Marketing (Ottawa). In addition to the above communiques, this report was assembled with the support of existing municipal sponsorship programs from the City of Ottawa, Town of Whitby, City of Kitchener, City of Brampton and Halifax Regional Municipality. RECOMMENDATIONS Staff recommends that Common Council: 1. Direct the City Manager to implement the Made in Saint John Solution for sponsorship programming. Respectfully submitted, r Phil Ouellette, MA Executive Director v� J. atrick Woods, CGA Ci y Manager 163 M & C #2015 -60 March 24, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of "to be" Stopped -Up and Closed Portion of Elliott Row BACKGROUND: 7::16 City of Saint john Common Council, at its meeting of February 16, 2015 resolved to allow J.D. Irving, Ltd. to commence with the process to: • stop -up and close a 1,702 square metre portion of Elliott Row; • to set a Public Hearing date for consideration of same to be held on March 30, 2015; • to allow the proponent to commence with a rezoning application for the subject lands; and • to direct Real Estate Services to negotiate the terms and conditions of the sale of the lands contemplated (should the lands be stop -up and closed) in a proposed Agreement of Purchase and Sale. City staff coordinated the Public Hearings for both processes to be held on the same evening so that Council may make their decision with all of the pertinent information at their disposal. The Planning Advisory Committee held its meeting on March 17, 2015 to consider the rezoning application for the "to be" closed portion of Elliott Row and adjoining lands owned by J.D. Irving, Ltd. Their report and recommendation regarding this matter forms part of the submission for the consideration of the Public Hearing for rezoning. 164 M &C #2015 -60 -2- March 24, 2015 ANALYSIS Proposal J.D. Irving, Limited is seeking to stop -up and close a portion of Elliott Row (see attached plan) located between the intersections of Wentworth and Carmarthen Streets with the intent to purchase the aforementioned land. Irving would like to design and construct a new surface parking lot on the subject land, including their surrounding parcels. The newly designed and constructed parking lot would be utilized by employees of the J.D. Irving office building, situated at the corner of Union and Carmarthen Streets. The report prepared by Planning staff concerning the rezoning application has completed a thorough investigation of the merits of the intended use of the lands for a surface parking lot (including the "to be' closed portion of Elliott Row). The Planning Advisory Committee report contains a number of terms and conditions as they relate to land use. Therefore, this report prepared by Real Estate Services is concerned only with the nature of the terms and conditions to be included in an Agreement of Purchase and Sale. Terms and Conditions It is the City's policy when considering to stop -up and close a public street to offer a proportionate share of the "to be" closed street to the adjoining property owners. In this instance, J.D. Irving, Limited is the owner of the total area of land abutting the "to be" closed street and therefore, would be the sole proponent offered this land, if closed. It is also the City's policy to require appraised value plus 10 per cent for any unsolicited offers on City owned property. The City is in receipt of a recent appraisal for the subject site which has been valued at $90,000.00. The proponent is aware and prepared to offer appraised plus 10 per cent for the property, if closed. Staff considers this to be a fair value for the Lands. The terms and conditions contained in the attached Agreement of Purchase and Sale are included in order to protect the City's existing infrastructure until the pipes are decommissioned, to the satisfaction of the Chief City Engineer. If Council is in agreement, the recommendation contained in this report will facilitate this land transaction. RECOMMENDATIONS 1. That The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to this M & C #2015 -60 for the sale of the "to be" closed portion of Elliott Row, as shown on a Plan of Survey prepared by Hughes Surveys & Consultants Inc. dated June 23, 2014, showing a portion of Elliott Row, comprising an area of 1,702 square metres ±; and 165 M & C #2015 -60 March 24, 2015 -3- 2. That the Mayor and Common CIerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, is Langille, B Real Estate Offic r/� . Y,5gAans, CPA, CGA, MBA Administrative Services 0 CL /c 166 an rvmg, B B A Manager Real Estate s . Zy ck Woods, CGA Ci y Manager AGREEMENT OF PURCHASE AND SALE VENDOR: THE CITY OF SAINT JOHN P. 0. Box 1971 15 Market Square Saint John, NB E2L 4L1 PURCHASER; J. D. IRVING, LIMITED P. 0. Box 5777 300 Union Street Saint John, NB E2L 4M3 LAND: That portion of Elliott Row between the eastern sideline of Carmarthen Street and the western sideline of Wentworth Street, having and maintaining a width of forty -five (45) feet, more or less, Saint John, New Brunswick PURCHASE PRICE: Ninety -Nine Thousand Dollars ($99,000.00) CLOSING: On or before May 15, 2015 1. In the event that the Land is stopped -up and closed, it being understood and acknowledged by the Purchaser that the Common Council of The City of Saint John is neither explicitly nor implicitly obligated to enact any by -law to stop -up and close any public street and that the Purchaser has sought and obtained rezoning of the Land, the Vendor agrees to sell and the Purchaser agrees to purchase, subject to the terms and conditions hereinafter set out, freehold title to the Land for the Purchase Price plus HST, if applicable. 2. The Vendor is responsible for the preparation and publication of the public advertising required, including but not limited to French translation and newspaper advertising, to satisfy the procedural requirements prior to the consideration by Common Council of any by -law to stop -up and close any street. 3. The Purchaser is responsible for (a) the cost of any Plan of Survey acquired to facilitate the process to stop -up and close the Land, the costs associated with the public advertising required, including but not limited to French translation and newspaper advertising, to 167 Q11 2 I AGREEMENT OF PURCHASE AND SALE satisfy the procedural requirements and the costs incurred for registration and filing in the Saint John County Registry Office should any by -law be enacted; and (b) a deposit of Two Thousand Five Hundred Dollars ($2,500.00) by certified cheque payable to the Vendor and delivered to the Vendor prior to the beginning of the street closing process, the receipt of which is hereby acknowledged; in the event that a by -law is not enacted, the deposit, less the costs of translation and newspaper advertising incurred, will be returned to the Purchaser. 4. The Vendor shall convey to the Purchaser freehold title to the Land subject to any existing public utilities, including underground gas pipelines, underground or aboveground electrical, telephone or other telecommunication transmission lines or any like public utility and reserving thereout and therefrom an easement in respect of underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works together with the right by action or otherwise to enjoin the Purchaser and the successors and assigns of the Purchaser from erecting or locating upon the Land any building, structure or other obstacle or permitting the erection or location thereon of any such building, structure or other obstacle; provided however the easement so reserved shall cease and be released by the Vendor upon completion of the decommissioning of the municipal works as set out in clause 5 hereof. 5. The Purchaser shall at its cost, risk and expense (a) decommission the 200mm diameter water main in the Land (the Elliott Row Water Main) (i) by isolating the Elliott Row Water Main from the water line running under Wentworth Street by capping and abandoning the Elliott Row Water Main and removing the Elliott Row isolation valve on the Wentworth Street water line; and (ii) by capping and abandoning the Elliott Row Water Main from the water line running under Carmarthen Street at a location east of the water line supplying the new fire hydrant referred to in clause 5(b); (b) (i) disconnect and remove the fire hydrant and its water main from the south side of the Land to the eastern side of Carmarthen Street; (ii) provide and install a new fire hydrant on the eastern side of Carmarthen Street; and (iii) connect the water line for a new fire hydrant from the new fire hydrant to the Elliott Row Water Main east of the Elliott Row valve on the water line running under Carmarthen Street; and (c) decommission the 300mm diameter sewer line in the Land by isolating the sewer line at the eastern sideline of Carmarthen Street. All work contemplated by and to be performed by the Purchaser under this clause shall be performed in a timely manner in conjunction with the Purchaser's development of the Land in accordance with the prior written approval of and upon completion to the satisfaction of the Chief City Engineer acting reasonably; the Purchaser shall ensure that 168 (2 AGREEMENT OF PURCHASE AND SALE the Vendor shall inspect all abandonments before any exposed pipes are backfilled or otherwise covered over. This clause shall survive the conveyance of the Land from the Vendor to the Purchaser. And further upon written notification of satisfaction by the Chief City Engineer to the Common Clerk, the Mayor and Common Council shall execute a Release of the easement reserved in the conveyance contemplated by clause 4. 8. Any notice herein contemplated shall be in writing to the Vendor and Purchaser at the addresses hereinbefore set forth and in the case of the Vendor to the Common Clerk with a copy to the Commissioner of Finance and in the case of the Purchaser to the Company's 'President and Company's CEO. 7. The Purchaser shall have, on closing, vacant possession of the Land. 8. There are no representations, warranties, collateral conditions or agreements affecting this Agreement other than as expressed herein in writing. 9. This Agreement shall be read with all changes of gender or number required the context, shall be binding upon the parties hereto, their respective successors and assigns and time shall in all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has executed these presents the day of , 2095. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: '2015 169 C)II 4 I AGREEMENT OF PURCHASE AND SALE IN WITNESS WHEREOF the Purchaser has executed these presents the 2 day of MftOI .2015. J. D. IRVING, LIMITED q,p 4W Per ft '�k1 Z ! !� r JJ3E/�'7 a And: wil -WA-M veilG�°� t�sS�Si Ti4lP� 170 171 r0oww"00*0 y Z �' r d d f s: �• a ;ie�� J I 3 $ _ wY gin g tii a >i ti l a to s � k1i s u 6� AoS�� z R1131A *.k 3 k I H1 gAl c 's xf d r r m gl 171 r0oww"00*0 y Z �' r d d f s: �• a ;ie�� J I 3 03/17/2015 11:59 FAX 500 634 7099 Worker Appeal. IM 0001 /0002 Worker eal Services 30 -1216 Sand Cove Road, Scalnt'John, New Brunswick E2M 5VS ,. Tel: 506 635 0391 , Fax: 506 634 7099 Via Fax # 632 6120 March 3, 2015 His Worship Mayor Mel Norton and Members of Common-Council P.Q. Box 1971 Saint John, N.B.. E2L 4L4. Dear Mayor Norton and Councilors Re: Saint John Labour Community ServicesAVorker Appeal Services May Day Fundraiser Dinner On Friday May 1, 2015 Saint John Labour Community.Services Inc., publicly known as Worker Appeal Services, will be holding. a fundraiser, its eight annual May Day Dinner. The event is being held with the support of the'Saint John & District Labour Council as a, celebration of May Day and its historic significance for workers throughout the world. It is the only fmdraiser we are able to do each year. The proceeds from last years event once again proved critical to"this agency being able to continEie its mandate to assist injured; disabled and unemployed workers obtain benefits they were denied by Worksafe N.B., Employment Insurance and CPPD Government - agencies. The success we have had for those workers has again resulted -in hundreds of thousands of dollars being made available to those worker's families over the last year and therefore into our community. Our agency's core funding has been terminated a>nd the success of our- feindraising dinner is critical to our ability to continue. Tickets are still 5100.00 each or $700.00 for a table of eight. The City has supported us every year and it is greatly appreciated. The event is again being held at the Lily Lake Pavilion. It will be a lobster dinner (steak for those who wish) followed by the keynote -address. to be given by James Stanley. We enclose a poster of the event. Please support our world with injured workers by purchasing tickets or a table once again this year. To order yours please call me at 535 -0391. Yours very truly, Ro E. Shalala Ekecutive Director Supp'bAhl by SAINT JOHN & DISTRICT LABOUR COUNCIL Worker Appeal Services aJgilfA ANNNAQ M a Da�yd Dinner y May 1, 2015 at Lily Lake Pavilion Reception at 6:30pm • Dinner at 7:30pm w� $7 0 0 per person ticket inquiries 635 -0391 available at Worker Appeal Services 1216 Sand Cove Road Keynote Speaker — James Stanley Income Tax Receipt available for a portion of the ticket With the support of Saint John & District Labour Council 173 kv 4 March 30, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Recommended Appointments to Committees The Committee of the Whole, having met on March 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Nominating Committee, having met on March 2, 2015, the Committee of the Whole recommends the following appointments to committees: Discover Saint John: to reappoint Judith Brown to a three year term from March 26, 2015 to March 26, 2018. Jeux Canada Games Foundation: to appoint William Kean to a three year term from March 16, 2015 to March 16, 2018. Saint John Free Public Library: to appoint Anu Gupta to a three year term from March 16, 2015 to March 16, 2018. Saint John Non - Profit Housing Committee: to appoint J. Timothy Flood to a three year term from March 16, 2015 to March 16, 2018. PRO Kids: to appoint Craig Shaw to a three year term from March 16, 2015 to March 16, 2018." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 174 The City of Saint t John March 24, 2015 Deputy Mayor and Councillors Subject: CONROD Strategic Business Consulting — Proposal Economic Development Agency Review The Committee of the Whole, having met on March 23, 2015, made the following recommendation: RESOLVED that the Committee of the Whole recommends that Common Council approve the proposal from CONROD Strategic Business Consulting dated March 13, 2015 for Economic Development Agency Review. Sincerely, Mel Norton Mayor (P Sx' L,4T 1 1kl d P.O. Boat 1 971 -Saint JoAzn, NIB Canada E21.4, I wwsnr.saitAohnxa I CA 1971 Saint John, N. -B. Canada EX 4L1 175 Proposal — City of Saint John, EDA Review 1"ONROD -o STRATEGIC BUSINESS CONSULTING March 13, 2015 City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E21- 41-1 Attention: Mr. Chris Dever, Executive Assistant to Mayor Mel Norton Subject: Proposal - Economic Development Agency Review In response to your request for a review of the economic development agencies (Enterprise Saint John, Saint John Industrial Parks Ltd., Saint John Waterfront Development Corp. and Discover Saint John), I am pleased to provide you with this proposal to undertake this review. This proposal has been prepared with a view to being participatory and to identify practical opportunities for improvement in operations and performance. The work will be performed jointly by following consultants: Dr. Yves Bourgeois of the UNBSJ Urban and Community Studies Institute and Mr. Terry Conrod, principal consultant and owner of CONROD Strategic Business Consulting. The consultants propose the following statement of work: 1. Conduct interview sessions with each agency (GM and Board Chair will be present). These sessions will explore perspectives on agency mandate, strategies, performance, and interactions with other economic development stakeholders. Analysis of the information gathered from these sessions as well as from additional interviews with community stakeholders will follow. 2. Benchmarking 4 -5 similar -sized cities and models for economic development. Identify and analyze several economic development models operating in comparable cities with comparable economic and budgetary challenges. Identify key attributes of these models and why they seem to be contributing to their ED performance 176 Proposal — City of Saint John, EDA Review CONROD STRATEGIC BUSINESS CONSULTING 3. Facilitated workshop (Four agencies — General Manager and Board Chair). This workshop is geared to Accelerating True Growth. This is a 1 -day "roll -up- the - sleeves" session where we challenge ourselves on our collective capabilities. It goes beyond the question of how to organize, and pursues opportunities for improvement and alignment on a True Growth strategy. Specific priority actions and commitments will be captured. 3. Summary Action Plan will be prepared. These services are offered to the City of Saint John Limited for this project at a budgetary price $6000. (plus HST). These services will be delivered at suitable conference room facilities arranged by the Mayor's Office and /or the Economic Development Agencies. Any additional expenses will be billed at cost recovery and approved in advance. Thank -you for the opportunity to submit this proposal. Terry Conrod MBA, P. Eng. conrod @nbnet.nb.ca /506-654-0767 2 177 Proposal — City of Saint John, EDA Review CONROD STRATEGIC BUSINESS CONSULTING Consultant Terrence (Terry) Conrod 10 Birchdale Avenue, Quispamsis, New Brunswick, HE 4Y8 506- 654 -0767 terry @conrodstrategic.corn • Facilitator of strategic planning workshops targeted at senior leaders and boards of directors of small - medium enterprises, development agencies and non - profit organizations. • Business & marketing consultant to small business clients and new business start-ups. Providing advice on strategy, market feasibility studies, business and market plans, and operational reviews, • Marketing Lecturer at Faculty of Business, UNB Saint John. Course specializations in Business and Competitive Strategy, Marketing and Commercialization topics, and Experiential Learning Programs for undergraduate BBA and MBA students. ■ Typical clients include - Technology Firms, Media Companies, Retail Operations, Economic Development Agencies, Cultural and Educational Institutions HST Business Number: 84032 1442 RT0001 3 178 Proposal — City of Saint John, EDA Review CONROD STRATEGIC BUSINESS CONSULTING Consultant Dr. Yves Bourgeois As the director of the Urban and Community Studies Institute, Yves oversees the strategic direction of the institute, manages staff and handles the oversight of its research, curricular and outreach activities. He is currently managing a number of research projects on innovation, the knowledge economy, polycentric urbanism, and transportation. An active scholar, Yves specializes in innovation, creativity and regional development. His research combines quantitative survey and qualitative interview analyses. He explores innovation as the creation of value in diverse economic sectors, emanating from spatially - mediated knowledge interactions in clusters and along value chains. He has authored two monographs and more than 20 book chapters, reports and peer - reviewed articles in Canada and internationally. He is a member of the Innovation Systems Research Network (ISRN) and Digital Economy Research Network (DERN). He has advised the OECD, Industry Canada, Human Resources and Skills Development Canada (HRSDC), and several other governments and regional development agencies on challenges and policies relating to the innovation and the knowledge economy. Yves also teaches regional and urban economics at UNB, Saint John campus and is active on several boards and committees in the broader community. Outside academia, Yves has worked in the private sector with tech giant Microsoft as well as in policy research with the Parliament of Canada. He has ten years work experience in England, Scotland, the United States and Australia. Yves holds a PhD in Urban Planning (Regional and International Development) from UCLA. As a Rhodes Scholar, he completed an MSc in Science and Technology Studies at Edinburgh and an MA in Philosophy, Politics and Economics at Oxford. 179 March 30, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Pension Buyback Provisions The Committee of the Whole, having met on March 30, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on March 30, 2015, Common Council advise the Board of Trustees of the City of Saint John Shared Risk Plan with respect to the purchase of past service at the time of conversion to the Shared Risk Plan, as follows: • The 72 employees (43 currently) that are actively buying back past service at the conversion date are entitled to continue with their existing arrangement but are not entitled to purchase additional past service. • The 39 remaining employees who indicated a desire to buy back service immediately prior to the conversion date are not entitled to purchase this service and should be advised accordingly. • Employees that were not actively buying back service and had not initiated a buyback prior to the conversion date are not entitled to begin buying back service. '00 And further, that the City will remit the associated payments to the Board for service already purchased ( +/- $247,000) for 2013/14 based on an updated actuarial calculation, no later than April 30, 2015 and thereafter quarterly based on the actual purchases of past service." Sincerely, Mel Norton Mayor 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 :1 March 30, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: City's Nominee to Arbitration Board The Committee of the Whole, having met on March 30, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on March 30, 2015, Common Council appoint Mr. Marc Michaud as the City's nominee on the Arbitration Board in the matter of a dispute between the City of Saint John and the International Association of Fire Fighters' Local 771." Sincerely, Mel Norton Mayor 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- 41-1 181 March 30, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: City Market Funding The Committee of the Whole, having met on March 30, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on March 30, 2015, Common Council directs the City Manager to immediately submit an Application to the Building Canada Fund National / Regional Projects Component for the needed Saint John City Market infrastructure upgrades." Sincerely, Mel Norton Mayor 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- 41-1 182