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2019-04-08_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, April 8, 2019 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: th 4:00 p.m., 8 Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Litigation Update 68(1)(f) 1.3 Land Matter 68(1)(d) 1.4 Employment Matter 68(1)(j) 1.5 Financial Matter 68(1)(c) Ville de Saint John Séance du conseil communal Lundi 8 avril 2019 18 h e Salle du conseil communal (salle Ludlow), au 8 Comité plénier 1. Ouverture de la séance Si vous souhaitez obtenir des services en français pour une séance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. privé en vertu des dispositions prévues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : e 16 h, Salle de conférence, 8 étage, hôtel de ville 1.1 Approbation du procès-verbal paragraphe 68(1) 1.2 Question du litige - alinéa 68(1)f) 1.3 Question relative aux biens-fonds alinéa 68(1)d) 1.4 - alinéa 68(1)j) 1.5 Question financière alinéa 68(1)c) Séance ordinaire 1. Ouverture de la séance 2. Approbation du procès-verbal 2.1 Procès-verbal de la réunion du 25 mars 2019 5. Questions 5.1 Ville de Hampton (recommandation 5.2 Modification au contrat de location en bloc de laréna au cours de lété (recommandation dans le rapport) 5.3 Demande de permis pour événements spéciaux pour P.R.O. Tournoi de hockey Kids Dickie Crossman (recommandation dans le rapport) 5.4 Renouvellement du logiciel ClearRisk (recommandation dans le rapport) 5.5 Convention de permis avec le Saint John Arts Centre pour un projet de muraille (recommandation dans le rapport) 5.6 Soumission pour les mélanges de béton bitumineux (recommandation dans le rapport) o 5.7 Contrat n 2019-16 Revêtement dasphalte 2019 (recommandation dans le rapport) 5.8 Projets de construction de routes 2019 (Recommandation :) recevoir de 5.9 Tour du marché de la ville Phase 2; rénovations et aménagement intérieurs (recommandation dans le rapport) 5.10 Services dessai des matériaux et dinspection de la construction pour 2019 et 2020 (recommandation dans le rapport) 5.11 Séance dinformation publique : rue Mecklembourg (de la rue Sydney à la rue Wentworth) (recommandation 5.11 Séance dinformation publique : rue Wentworth (de la rue Union à la rue Wellington) Réfection du réseau daqueduc, dégouts sanitaires et pluviaux et reconstruction de la rue (recommandation : recevoir de 5.13 Services dingénierie : rue Prospect Ouest Améliorations à la station de relèvement des eaux usées et aux égouts (recommandation dans le rapport) 5.14 Société dentaire du Nouveau-Brunswick Fluoruration de leau dans les municipalités (Recommandation 6. Commentaires présentés par les membres 7. Proclamation 7.1 Semaine nationale des opérateurs en télécommunication du 14 avril au 20 avril 2019 8. Délégations et présentations 9. Audiences publiques 18 h 30 9.1 Modification proposée dun règlement de zonage avec rapport du Comité consultatif durbanisme recommandant une modification 86-88, rue Regent 9.2 Modifications proposées au plan municipal et aux règlements de zonage avec rapport du Comité consultatif durbanisme recommandant des modifications 40, promenade Mountain View (présentation du personnel recommandée) 9.3 Modifications proposées au règlement de zonage avec rapport du Comité consultatif durbanisme recommandant des modifications 175, rue Hilyard (présentation du personnel recommandée) 10. Étude des arrêtés municipaux 10.1 Modification proposée au plan municipal Politiques relatives aux centres commerciaux régionaux 10.2 Modification proposée au plan municipal 1007-1019, avenue Millidge ree 10.3 Modification au Règlement sur les restrictions de poids (1 et 2 lecture) 11. Interventions des membres du conseil 11.1 Modification au règlement sur le stationnement (conseiller Reardon et conseiller MacKenzie) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Estimation de la croissance démographique Présentation du personnel 12.2 Mise à jour sur les réparations de la route Présentation du personnel 12.3 Mise à jour sur la flotte Présentation du personnel 12.4 Intervention durgence lors de crue printanière Présentation du personnel 13. Rapports déposés par les comités 15. Correspondance générale 15.1 Demande dachat de billet/Demande de commandite Club Rotary de Saint John 15.2 Demande dachat de billets Centre pour jeunes Kennebecasis Valley Oasis 15.3 Demande dachat de billets Comité des célébrations de Saint John Canada 16. Ordre du jour supplémentaire 16.1 Le point sur les initiatives d'amélioration continue 16.2 May Day Dîner 17. Comité plénier 17.1 Vente et développement de propriétés appartenant à la ville au large de la rue Mecklenburg 18. Levée de la séance COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 25, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin Deputy City Manager N. Jacobsen City Solicitor J. Nugent Police Chief B. Connell Fire Chief K. Clifford Commissioner Growth and Community Development J. Hamilton Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of March 11, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on March 11, 2019, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the agenda of this meeting be approved with the following modifications and additions: 17.1 Canadian Tire Jumpstart Program move forward on the agenda before Section 5. Consent Agenda 12.6 Demolition of Vacant, Dilapidated and Dangerous Building at 149 Broad Street (PID 00000604) Remove from the agenda; defer for 2 weeks 17.2 Easement Acquisition from Fundamental Baptist Church of Lancaster Civic # 1170 Sand Cove Road 17.2 Summer Arena Rental Agreement 17.4 Committee Appointment Develop Saint John 17.5 Safe Clean Drinking Water Project Global Settlement MOTION CARRIED. 4. Disclosures of Conflict of Interest 17.1 Canadian Tire Jumpstart Charities Playground Deputy Commissioner T. , Mary Ann Gallagher Regional Manager of Canadian Tire Jumpstart Charities and Joel Girard East Side Canadian Tire, outlined the partnership to build the Canadian Tire Jumpstart Playground at Rainbow Park. The $1M playground was supported 80% by Canadian Tire and 20% by the City of Saint John. -scale, accessible playgrounds in every province and (mission) is to ensure that these playgrounds become the standard for inclusivity by creating imaginative and accessible spaces where children of all abilities can share in the magic of play. 2 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 The Mayor stated how thankful the City is to have been selected to have the accessible playground built in Saint John. Moved by Deputy Mayor McAlary, seconded by Councillor McKenzie: RESOLVED that the Committee of the Whole, having met on March 11, 2019, recommends that Common Council adopt the following resolution: That the Common Council approves a Gift Agreement between Canadian Tire Jumpstart Charities () and the City of Saint John (the ) upon the following terms and conditions, and authorizes the Mayor and Common Clerk to execute such an agreement: 1. Jumpstart shall a) arrange at its own expense for the construction and installation of an inclusive playground (the ) at Rainbow Park; b) arrange for the aforesaid construction and installation of the Playground to be generally in accordance with the drawings in this regard submitted to Common Council at its meeting of March 11, 2019; 2. The City shall a) at its own expense undertake the site preparation work necessary to accommodate the construction and installation of the Playground including the installation of appropriate subsurface drainage systems, walkways and associated landscaping; b) provide to Jumpstart an Annual Report on the status of the Playground for the purpose of ensuring that the Playground, its walkways, landscaping, etc. are maintained in good condition; c) include in each Annual Operating Budget during the 15 year useful lifetime of the Playgr policies and practices as well as all applicable standards; d) in the event of its default under the Agreement and if required by Jumpstart, make repayment to Jumpstart of the costs the latter incurred to the time of the default, but only in the event that the City has not remedied such default within 30 days of being advised in writing by Jumpstart of such default; 3. The City and Jumpstart shall each maintain general liability insurance in the amount of Five Million Dollars ($5,000,000) naming the other as an additional insured as well as automobile liability insurance with a limit of not less than Two Million Dollars ($2,000,000.00); 4. The Playground shall be named the Jumpstart Playground with corresponding onsite signage. MOTION CARRIED with Councillor Casey voting nay. 3 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 5. Consent Agenda 5.1 That pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By-Law, namely: Richard Patterson, Badge No. 9965. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.2 That as recommended by the City Manager in the submitted report M&C 2019- 30: Adoption of Updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee, Common Council adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as submitted. 5.3 That the submitted report M&C 2019-54: Public Information Session: King Square South (Charlotte Street to Civic #12) & Queen Square North (Charlotte Street to Sydney Street), be received for information. 5.4 That the submitted report M&C 2019-53: Public Information Session: Ellerdale Street (Valley Street to Margaret Street) - 200mm Water Main, be received for information. 5.5 That as recommended by the City Manager in the submitted report M&C 2019- 52: 2019 Engineering Inspection Services, Common Council authorize staff to establish supply agreements with the seven consulting firms as noted in the submitted report, at the hourly rates provided in this report totaling $620,000 plus HST for the provision of engineering inspection services for 2019 Capital Program projects. 5.6 That as recommended by the City Manager in the submitted report M&C 2019- 63: Contract 2019-09: M-R-G Forcemain Renewal - Phase 1, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $475,264.99 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. 4 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Purple Day - March 26, 2019 in support of Epilepsy Awareness in the City of Saint John. 8. Delegations/Presentations 8.1 Saint John Arts Centre - Uber 5000 Mural Project Referring to the submitted presentation, Executive Director Andrew Kierstead requested permission to have a mural painted on the Arts Centre building by Mural Artist Uber 5000. The funding for the project will be raised by public donations. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the Saint John Arts Centre Mural Project be referred to the City Manager for a license agreement to allow the Saint John Arts Centre Mural Project. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the presentation Saint John Arts Centre Mural Project be received for information. MOTION CARRIED. 8.2 Discover Saint John - Sean Yoro Mural Project Referring to the submitted presentation, Executive Director Victoria Clarke advised that Discover Saint John has been working on a project that involves world renowned artist Sean Yoro returning to the City to create a new tidal mural. The use of a portion of the Market Slip will be required as the project involves Mr. Yoro painting over sheets of steel from dismantled shipping containers hanging from the seawall. Upon completion the artwork may be moved to a new permanent location. In order to proceed, Discover Saint John requires a licence agreement with the City. 5 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Discover Saint John - Sean Yoro Mural Project Presentation be received for information. MOTION CARRIED. 8.2.1 Licence Agreement with Discover Saint John for Tidal Mural Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-50: Licence Agreement with Discover Saint John for Tidal Mural, 1. That the City enter into a Licence agreement with Discover Saint John for $1.00 to grant its agents, employees, partners and contractors access to and use a portion of the Market Slip seawall, floating dock and staging area being a portion of PID No. 55235113, as identified on a submitted Location map, for the steel installation, mural creation and further removal of same, subject to the following terms and conditions: a. the Licence shall commence on July 15, 2019 and conclude at 11:59 pm (local time) on August 15, 2019; b. that Discover Saint John shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross-liability clause; c. all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in the Licensee does hereby indemnify and save harmless the Licensor from respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area; and d. submission of engineered design plans to be prepared and stamped by a professional engineer (registered in New Brunswick) and submitted to the City of Saint John for review and acceptance by the Chief City Engineer or designate, plans for the securing of steel plates onto the seawall of the subject property and for the subsequent removal of same. 6 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 2. That the Mayor and Common Clerk be authorized to execute the Licence Agreement. MOTION CARRIED. 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Proposed Zoning By-Law Amendment 348 Rockland Road and 21 Canon Street rd (3 Reading) with Section 59 Conditions Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by--Law Number C.P. 111-68 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Numbers 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read. MOTION CARRIED. The by-By-Law Number C.P. 111-68 A Law to Amend the Zoning By-Law of Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street also identified as PID Numbers 00025791 and 55086128, namely that use of the property be restricted Zoning By-law: 7 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 section 9.8; Secondary Suite, subject to section 9.13; MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-68 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Numbers 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-By-Law Number C.P. 111-68 A Law to Amend the Zoning By-Law of The City of Saint John rd 10.2 Proposed Zoning By-Law Amendment 97-99 Exmouth Street (3 Reading) with Section 59 Conditions Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-69 A Law to Amend the Zoning By-amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID Number 00015834 from Urban Centre Residential (RC) to General Commercial (CG), be read. 8 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 MOTION CARRIED with Councillor Reardon voting nay stating that in her opinion this allows too much commercial development in a residential area. This prevents the growth of a community. The by-By-Law Number C.P. 111-69 A Law to Amend the Zoning By-Law of Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834, be restricted to the following purposes identified in the General Commercial (CG) Zone of -law: a. That the use of the lot be limited to the following uses as defined by the Zoning By- law: raph 11.7(3)(b); Facility; 9.13; 9 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 therein as being located in the CG zone. MOTION CARRIED with Councillor Reardon voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-69 A Law to Amend the Zoning By-, amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID Number 00015834 from Urban Centre Residential (RC) to General Commercial (CG), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Reardon voting nay. Read a third time by title, the by-By-Law Number C.P. 111-69 A Law to Amend the Zoning By- rd 10.3 Proposed Municipal Plan Amendment 179-185 Golden Grove Road (3 Reading) rd 10.3.1 Proposed Zoning By-Law Amendment 179-185 Golden Grove Road (3 Reading) with Section 59 Conditions Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 106-16 A Law to Amend the Municipal Plan By-amending Schedule A City Structure, by redesignating a parcel of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750, from Stable Area to Employment Area classification; and amending Schedule B Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification, be read. MOTION CARRIED. The by--Law Number C.P. 106-16 A Law to Amend the Municipal Plan By- in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 106-16 A Law to Amend the Municipal Plan By-amending Schedule A City Structure, by redesignating a parcel of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750, from Stable 10 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 Area to Employment Area classification; and amending Schedule B Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by--Law Number C.P. 106-16 A Law to Amend the Municipal Plan By- Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-70 A Law to Amend the Zoning By-adding Special Zone No.4 to the list of other zones in Section 2.2; adding Section 14.9 Special Zone No. 4 Permitted Uses; adding 14. the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as being PID Numbers 55057848, 55057855 and 55201750, from Two-Unit Residential (R2) to Special Zone 4 (SZ4), be read. MOTION CARRIED. The by-By-Law Number C.P. 111-70 A Law to Amend the Zoning By-Law of Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council rescind the Section 39 conditions imposed on the November 8, 1976 rezoning of the property and located at 185 Golden Grove Road, also identified as PID Number 55201750, and modified February 15, 1979 and June 11, 1984. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following conditions upon the development and use of the parcels of land having a combined area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750: a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. b) The building elevations be submitted to the Development Officer for review and approval prior to issuance of a Building Permit. 11 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 c) A plan showing access to the site and adjacent facility must be prepared by the developer and submitted to Infrastructure Development and the Development Officer for approval prior to issuance of a Building Permit. That Common Council discharge all covenants and conditions of the agreement, made pursuant to the provisions of Section 101 of the Community Planning Act in effect at that time between Douglas and Gloria Mitton as developer, and the City of Saint John, dated March 19, 1997 respecting the property located at 185 Golden Grove Road, also identified as PID Number 55201750. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by--Law Number C.P. 111-70 A Law to Amend the Zoning By-adding Special Zone No.4 to the list of other zones in Section 2.2; adding Section 14.9 Special Zone No. 4 Permitted Uses; adding 14. the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as being PID Numbers 55057848, 55057855 and 55201750, from Two-Unit Residential (R2) to Special Zone 4 (SZ4), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-By-Law Number C.P. 111-70 A Law to Amend the Zoning By-Law of The City of Saint John 11. Submissions by Council Members 11.1 Queen Square West: Rain Garden Proposal (Councillor Reardon) Councillor Reardon introduced the Rain Garden Proposal, and the work of ACAP and City staff to develop the proposal. Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that Common Council approve the construction of a rain garden in Queen Square West as proposed by ACAP Saint John and City staff. MOTION CARRIED. 12. Business Matters - Municipal Officers 12 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 12.1 Regional Ice Strategy Update - Staff Presentation Referring to the submitted report entitled Regional Ice Strategy Update, Commissioner Hugenholtz said the project has been ongoing for over a year, noting that a presentation was made to Council last September. would look like. A regional collaborative consensus for a cost sharing solution / model is encouraged with two key components: sustainability and fairness. The Mayor commented that the Fundy Regional Service Commission did not reach a consensus for a solution, but is hopeful for consensus in the next meeting in April. st After May 1, if consensus on a funding formula is not achieved, the City will explore non-resident user fees. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-57: Regional Ice Strategy Update, Common Council: 1. 2019 Regional Service Commission Board meeting that reads as follows: a) Commit by May 1, 2019 to the following principles of a regional arena funding formula: i. The formula shall redistribute the applicable total operating cost deficit of all regional arenas among taxpayers of the respective municipalities and LSDs based on proportion of usage in the respective jurisdictions, ii. Operating cost deficits determined not to be applicable shall not be included in the funding formula and shall remain the responsibility of the host municipality. b) Approves, only after commitments in (a) are obtained, external consulting services be hired to define the applicable operating cost deficits by accessing, and reviewing for consistency, usage and financial data related to each regional arena. The Commission agrees the applicable operating cost deficits and usage data defined by the consultant will be binding. c) Commission Directors will provide a resource for the Staff Working Group to coordinate (b) d) Commit to exploring further regional collaboration relative to arena management following a ratified arena funding agreement. Collaboration would include sharing resources, sharing arena Capital costs, and developing an arena supply plan that meets the current and future demands of users and/or is financially sustainable for the regional taxpayers. 13 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 2. - approach in the absence of agreement from the Regional Service Commission as sought in (1a) by May 1, 2019. 3. Reconfirm that Saint John Common Council believes a co-operative regional approach is preferred over a solution that requires a form of non-resident user fees to advance the priorities of regional fairness and sustainability. MOTION CARRIED. 12.2 Budget Simulator - Public Engagement - Staff Presentation Budget Simulator. This is a public engagement interactive tool that gives the public an opportunity to examine the budget items and make recommendations to create a three weeks. The results will be reviewed and themes reported back to Council. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the submitted presentation Budget Simulator - Public Engagement be launched to the public. MOTION CARRIED. 12.3 Engineering Services - Musquash Water Pumping Station Upgrades Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-55: Engineering Services - Musquash Water Pumping Station Upgrades, notervices, Common Council authorize staff to conduct direct negotiations with CBCL Limited to carry out engineering services for the Musquash Water Pumping Station Upgrades project. MOTION CARRIED. 12.4 One Stop Development Shop Customer Service Enhancement - Staff Presentation Referring to the submitted report entitled One Stop Development Shop Customer Service Enhancement, Commissioner Hamilton outlined the Customer Service enhancement in the One Stop Development & Community Development Services in 2019. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: 14 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 RESOLVED that the submitted report M&C 2019-65: One Stop Development Shop Customer Service Enhancement, be received for information. MOTION CARRIED. 12.5 Winter Asphalt Maintenance Staff Presentation Commissioner Hugenholtz outlined the pothole component of the Winter Asphalt Maintenance Program. Deputy Commissioner Hussey described the causation of potholes, the degrees of defects and temporary winter repairs. The City purchased 140 tonnes of cold mix and has used approximately 55 tonnes of recycled hot mix. The pothole count and patching statistics were presented. Citizens support the program by calling the Customer Service line at 506-658-4455 to inform the City of the location of potholes. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the submitted report M&C 2019-64: Winter Asphalt Maintenance, be received for information. 12.6 Demolition of Vacant, Dilapidated and Dangerous Building at 149 Broad Street (PID 00000604) The City Manager advised that the item has been withdrawn from the agenda to allow staff to engage with a new owner and will be brought back to Council with a recommendation in two weeks. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Police Force Tee Off for Mental Health Sponsor Invitation Letter Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Saint John Police Force Tee Off for Mental Health Sponsor Invitation Letter be supported at the Gold Sponsor $2000 level and paid from the Council ticket budget. MOTION CARRIED. 15 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 16. Supplemental Agenda 17. Committee of the Whole 17.2 Easement Acquisition from Fundamental Baptist Church of Lancaster Civic # 1170 Sand Cove Road Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the Committee of the Whole having met on March th 25, 2019 Common Council approves the following: 1. That the City acquire an easement for municipal services in portions of PID numbers 395889 and 55152979, upon the terms and conditions set out in the Offer attached to M&C 2019-43; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. MOTION CARRIED. 17.3 Summer Arena Rental Agreement Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on March th 25, 2019 Common Council approves the following: That the Mayor and Common Clerk be authorized to execute the license agreement between the City of Saint John and Bezeau Skills Ltd. as attached to M&C 201956. MOTION CARRIED. 17.4 Committee Appointment Develop Saint John Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on March th 25, 2019 Common Council approves the following: Develop Saint John: to appoint Alanna Waberski for a 3 year term from March 25, 2019 to March 25, 2022. MOTION CARRIED. 17.5 SCDWP Global Settlement Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 16 COMMON COUNCIL / CONSEIL COMMUNAL March 25, 2019 / le 25 mars 2019 RESOLVED that as recommended by the Committee of the Whole having met on March th 25 2019 Common Council approves the following: 1. That the City approve the Global Settlement described to Committee of the Whole in closed session at its March 25th, 2019 meeting; and 2. That the Mayor and Clerk be authorized to execute the Minutes of Settlement effecting the Global Settlement in the form as attached to M&C 2019-65; and 3. That the Minutes of Settlement be made publically available once they are formally approved by Port City Water Partners. MOTION CARRIED. 18. Adjournment Moved by Councillor Armstrong, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on March 25, 2019, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:57 p.m. 17 /h…b/L\[ w9thw M&C No. M&C 2019-73 Report Date April 02, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Summer Arena Bulk Rental Agreement Amendment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council authorize the Mayor and Common Clerk to execute the license agreement between the City of Saint John and 707990 N.B. Inc. as attached to M&C 2019 73. PREVIOUS REPORT Common Council authorized the Mayor and Common Clerk to execute the license agreement between the City of Saint John and 707990 N.B. Inc.as attached to M&C 2019 56. A minor amendment is required to this agreement. REPORT Item 1.b. of the agreement that was attached to M&C 2019-56 indicated a period of time that ended June 30, 2019. The agreement attached to this report clarifies the period of time ending August 31, 2019. It was the intention of both parties that the arena could be used by the Licensee on both weekend days, 8:30 AM 11:30 PM, May thru August. The amended agreement attached to this report reflects this. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS preparation of the attached license agreement. ATTACHMENTS Amended License Agreement with 707990 N.B. Inc. This License made in duplicate this ____ day of March, 2019. BY AND BETWEEN: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE ONE PART - and 707990 N.B. Inc., a company duly incorporated under the laws of the Province of New Brunswick, having its head office at 42 Bayview Drive, in the City of Saint John, County of St. John, Province of New OF THE OTHER PART WHEREAS the Licensor is the owner of premises known as the Hilton Belyea Arena located at 390 Lowell Street, Saint John, New Brunswick (the WHEREAS the Licensee has submitted a proposal to the Licensor for the use of the Premises save and except: the ice plant and maintenance room; ice- making equipment; canteen, office and storage rooms of minor hockey and figure skating and also the use by the Licensor, its officers, servants, agents, contractors and workers of a right of way for access to and from those parts of the Premises not hereby licensed; and WHEREAS the Licensor has agreed to grant the within License upon the terms and conditions herein contained; NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the charges stipulated in this License and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the Premises during such days and periods of occupation and use as are more particularly set out below. All times referenced in this License are expressed in Atlantic Daylight Time and not otherwise. 1. The Licensee may occupy and use the Premises as follows: thth (a) Between Monday and Friday from May 5, 2019 to June 30, 2019 between the hours of 4:30pm until 11:30pm, inclusive; thst (b) Between Saturday and Sunday from May 5, 2019 to August 31, 2019 between the hours of 8:30am until 11:30pm, inclusive; stst (c)Between Monday and Friday from July 1, 2019 to August 31 (d) Notwithstanding Article 1(a) to (c) above, the Licensee th shall not occupy or use the Premises on May 20, 2019 st (Victoria Day), July 1, 2019 (Canada Day) and August th 5, 2019 (New Brunswick Day) collectively (the 2. (i) The Licensee shall pay to the Licensor for the occupation and use of the Premises the amount of Ninety Three Thousand Dollars ($93,000.00) plus (ii) The payment of the License Fee shall be made to the Licensee by the Licensor by cash or certified cheque at the Office of the Commissioner of th Finance, 9 Floor, City Hall Building, 15 Market Square, Saint John, New Brunswick, or such other place as may from time to time be designated by the Licensor in the following installments and before the date identified below for the payment of each installment: st (a) On or before May 1, 2019 in the amount of Fifteen Thousand Five Hundred Dollars ($15,500.00) plus HST for the month of May 2019; st (b) On or before June 1, 2019 in the amount of Eighteen Thousand Nine Hundred Dollars ($18,900.00) plus HST for the month of June 2019; st (c) On or before July 1, 2019 in the amount of Twenty Nine Thousand Three Hundred Dollars ($29,300.00) plus HST for the month of July 2019; st (d) On or before August 1, 2019 in the amount of Twenty Nine Thousand Three Hundred Dollars ($29,300.00) plus HST for the month of July 2019. (iii) The ice-time purchased at the Premises pursuant to the terms of this License shall be used by the Licensee; however, the Licensee may re-sell its purchased ice-time to a third party/third parties, which shall abide by the terms of this Agreement and which may be prohibited by the Licensor from using the Premises at its sole discretion. (iv) The Licensee shall provide to the Licensor on a weekly basis no later than following week (Sunday to Saturday, inclusive), together with the contact information for at least one individual for the group using the ice each time. Should there be any changes to the schedule of ice use, the Licensee shall notify the Licensor in writing immediately of any such changes. 3. (i) The Licensor may terminate this License and the Licensee shall have no further recourse should the Licensee fail to pay the License Fee pursuant to the terms of this License or otherwise fail to meet any obligations, conditions or agreements stipulated in this License. (ii) The Licensee may terminate this License upon the giving of advance written notice of Thirty (30) business days. Should such a termination occur, the Licensee shall be refunded a pro-rated share of the License Fee as calculated by reference to the days remaining during the License Period. (iii) Should the Licensee terminate this License without giving the advance written notice required in Article 3(ii) above, the Licensee shall be obligated to pay to the Licensor, as a penalty for providing inadequate written notice, the equivalent of Three (3) weeks of the License Fee, as calculated by reference to the applicable License Fee payable in the month(s) that are covered by the specific period in question. 4. (i) The Licensee shall keep in place during the full term hereof comprehensive general liability insurance in a minimum amount of Five Million -liability clause, all of which also expressly covers and protects the Licensor in circumstances where the Licensee chooses to re-sell ice-time pursuant to Article 2(iii) above and which also expressly covers any allegations/claims of physical or sexual abuse; (ii) The Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described in hereof and providing that coverage shall not be altered or cancelled without the insurers giving thirty (30) in writing to the Licensor prior to any such alteration or cancellation. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss or damage is due to the negligence of the Licensor or its employees, servants or agents. 6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this License or anything done or purported to be done in any manner hereunder. 7. with such rules and regulations in use by the Licensor from time to time as may Recreation Arena Use Regulati . 8. Except in accordance with the terms of this License, the Licensee shall not assign, transfer or otherwise by any act cause or permit this permission and license or any portion hereof to be assigned or transferred to any person(s) whomsoever. 9. The Licensee shall, upon the termination of this License, immediately and at its own expense, remove from the Premises any and all property brought or placed upon the Premises by the Licensee and shall restore the Premises to as good an order and condition as prevailed immediately prior to the commencement of the term hereof and in the event of the failure of the Licensee to do so with reasonable expedition, of which the Licensor shall be the sole judge, the Licensor but the Licensor shall be by reason of any action taken or things required under this paragraph be entitled to compensation, reimbursement and indemnity from the Licensee. 10. The Licensor shall: (a) maintain the ice and operate the premises at the same standard used during the regular season; (b) pay for all maintenance and operating costs; (c) provide one experienced employee on site during the hours of operation; (d) in the event of breakdown that causes the Premises to be unavailable for a day or any portion thereof, the Licensee shall be given a Five Hundred Dollar ($500.00) credit per day up to a total maximum of Fifteen Thousand Dollars ($15,000.00). Should any credit arise by operation of this paragraph, the Licensee shall be four (4) arenas at the prevailing rates that apply at the time between stth the dates of November 1, 2019 to March 30, 2020 or November stth 1, 2020 to March 30, 2021. Under this arrangement, the Licensor shall provide the Licensee with a list of available dates th and times by October 15, 2019 or 2020, as applicable, and the Licensee shall, in turn, select the dates and times for which the th credit will be used by not later than November 15, 2019 or 2020, th as applicable. Any credit that is not used before March 30, 2021 shall expire and no longer be valid. (e) The Licensor shall not lease any of its other Three (3) arenas to any other individuals or entities between May 5, 2019 and August 31, 2019 for activities that would be in direct competition with the activities of the Licensor, namely that of an ice hockey training school, and, during the aforementioned period, there shall be no ice . IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. Signed, sealed and delivered THE CITY OF SAINT JOHN ______________________________ Don Darling, Mayor ______________________________ Jonathan Taylor, Common Clerk Common Council Resolution: March ____, 2019 707990 N.B. Inc. Per: _________________________ Andrew Bezeau, President CITY OF SAINT JOHN PARKS & RECREATION ARENA USE REGULATIONS 1) Ice maintenance is completed at times mutually agreed by the Licensee and Licensor except that the Licensor at its sole discretion may cause ice maintenance to occur at any time to ensure the quality of the ice. 2) Should any booked period be sold to another user, the Licensor must be so advised. Should a dispute arise at the rink, the attendant will defer to the Licensee. 3) ct. 4) The Licensee is responsible for damages to the premises arising out of his use of the facility. 5) The arena attendant on duty is in complete charge of the facility, and his/her instructions are to be followed at all times. 6) All persons on the ice must wear skates. 7) No food or drink is allowed while skating. 8) The City of Saint John, its employees, and agents, cannot be held responsible for any personal injury suffered by any user as a result of the . PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Common Clerk of The City of Saint John and have custody of the Common Seal hereof. 2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. Donald Darl own signature. 4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO BEFORE ME ) at the City of Saint John, in the ) County of Saint John and ) Province of New Brunswick ) this _____ day of _________, 2019 ) ) ______________________________ ) Jonathan Taylor _____________________________ ) ) Commissioner of Oaths ) Being a Solicitor ) ) COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Andrew Bezeau, of the _________ of ____________, County of ___________ and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President of 707990 N.B. Inc., the licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of 707990 N.B. Inc. is the corporate seal of the said 707990 N.B. Inc., the contractor named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the ______ of ______________, in the Province of New Brunswick on the ____ day of _____________, 2019. SWORN TO BEFORE ME at the ) _______ of _______________, ) in the County of ______________ ) and Province of New Brunswick ) this _____ day of _________, 2019 ) ) ______________________________ ) Andrew Bezeau _____________________________ ) ) Commissioner of Oaths ) Being a Solicitor ) ) /h…b/L\[ w9thw M&C No. 2019-82 Report Date March 29, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Special Events License Application for P.R.O. Kids Dickie Crossman Hockey Tournament OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brad Adams / Michael John Collin Hugenholtz RECOMMENDATION City Staff recommends the following: to apply for a Special Events permit with the Province of New Brunswick to serve alcohol out of the warming area of the Hilton Belyea Arena on th the dates of April 18-20, 2019 in support of the Annual Dickie Crossman Hockey Tournament. PREVIOUS RESOLUTION N/A REPORT th The 5 Annual Dickie Crossman Memorial Hockey Tournament will be hosted on th April 18-20, 2019 out of the Hilton Belyea Arena. The coordinators of this event would like to serve alcohol as part of their event; and therefore, require municipal approval to obtain the associated permit from the Province of New Brunswick. Historically, permission and appropriate permits have been obtained for this event. Service is limited to the upstairs warming area and only during the regular operating hours of the arena. George Georgoudis, on , will complete the Special Events application. Mr. - 2 - Georgoudis is the Acting Secretary of the Dickie Crossman Organizing Committee. In 2018, the Dickie Crossman Committee Fundraised $15,000 from this event and combined with their Annual Golf Tournament donated a total of $40,000 to P.R.O. Kids. 2019 is trending in the same direction with the maximum number of 16 teams once again registered for the event. The positive reputation from this event has made it a marquee event for many local businesses to show their support for P.R.O. Kids. STRATEGIC ALIGNMENT a vibrant city, by investing in arts, culture and recreation experiences that create a sense of community pride. Furthermore, it supports growth of the Positive Recreation Opportunities for Kids (P.R.O. Kids) progr & Recreation Master Plan, PlaySJ. SERVICE AND FINANCIAL OUTCOMES th Now in its 18 year, the Dickie Crossman Memorial Foundation has been a champion donor to the P.R.O. Kids Program. Their continued generosity through their Annual Hockey and Golf Tournaments has risen over $250,000 for P.R.O. Kids thus impacting thousands of local youth living in poverty to become enrolled into extra-curricular recreation programming. This single event in 2019 is forecasted to raise the sum of an additional $15,000 for P.R.O. Kids. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff consulted with the event organizers. The Manager of P.R.O. Kids and Community Development sits on the Dickie Crossman Committee and is involved in all aspects of planning and facilitation of this event. City Parks and Recreation Department has been contacted and is supportive of this Event. ATTACHMENTS NB Special Events Permit Application Department of Justice and Public Safety Ministère de la Justice et de la Sécurité publique Gaming, Liquor and Security Licensing Branch Direction de la réglementation des jeux, des P. O. Box 6000 alcools et de la sécurité Fredericton, NB E3B 5H1 C. P. 6000 Fredericton (N.-B.) E3B 5H1 Telephone: (506) 453-7472 Téléphone : 506-453-7472 Fax: (506) 453-3044 Télécopieur : 506-453-3044 78-9264 (12/17) Licensing Application Form Demande de licence pour un Special Events événement spécial APPLICATION MUST BE RECEIVED 45 DAYS LA DEMANDE DOIT ÊTRE REÇUE 45 JOURS PRIOR TO EVENT AVANT L’ÉVÉNEMENT Language Preference Langue de préférence Section A Partie A English French Français Anglais Section B Partie B Organization, group or festival / Organisme, groupe ou festival Festival or Event Festival ou événement Mailing Address / Adresse postale (city / municipalité) (postal code / code postal) (telephone / téléphone) (fax number / télécopieur) (e-mail / courriel) Section C Partie C First Contact Person / Première personne-ressource (first name / prénom) (last name / nom de famille) (e-mail / courriel) Telephone / Téléphone (work / travail) (home / domicile) (fax / télécopieur) Second Contact Person / Deuxième personne-ressource (first name / prénom) (last name / nom de famille) (e-mail / courriel) Telephone / Téléphone (work / travail) (home / domicile) (fax / télécopieur) ….2 Section D Partie D List the activities where liquor will be stored, served Dressez la liste des activités pour lesquelles des and consumed. The Special Events can be held for boissons alcooliques seront entreposées, servies ou consommées. L'événement spécial peut se dérouler a maximum of seven days. Public announcement pendant une période maximale de sept jours. Les or advertising of the activities is permitted. annonces publiques et les publicités sont autorisées. Expected Date Hours / Building / Tent and Address Type of Activity / Attendance / Heures Bâtiment ou tente et adresse Type d’activité Assistance prévue EVENT DESCRIPTION DESCRIPTION DE L’ÉVÉNEMENT If the function is to be held outside, this area must be Si l’événement doit avoir lieu à l’extérieur, il faut fenced in. Please provide details of the type of clôturer l’endroit où il se tiendra. Veuillez décrire en activity and include a diagram in the area provided détail l’activité qui aura lieu et inclure un diagramme below. dans la section ci-dessous. Diagram / Diagramme ...3 Indicate the selling price for each of the Indiquez le prix de vente des boissons following. alcooliques suivantes : Beer / Bière Draught / Spirits / Wine / Vin Coolers / Panachés (12 oz.) Bière pression Spiritueux (specify unit / (specify unit / précisez (9 oz.) (1 oz.) précisez l’unité) l’unité) Section E Partie E Activities Operated By Concessionaires Activités exploitées par des concessionnaires List below any licensed establishment who will be Énumérez ci-dessous tout établissement titulaire providing liquor service for the activity(ies). d’une licence qui fournira un service de boissons Attach a copy of any agreements made in this alcooliques durant les activités. Joignez une copie de regard. toute entente conclue à cet effet. Name of licensed establishment / Activity they will operate / Date of Activity / Nom des établissements titulaires Activité organisée Date de l’activité d’une licence Section F Partie F Copies of approvals/letters, from the following Des copies des autorisations ou des lettres departments, must be received (see Notice suivantes doivent être fournies au bureau central LIN: 0512 for details) prior to release of your avant que votre licence puisse être délivrée (voir licence. l’avis LIN: 0512 pour de plus amples renseignements). Municipal approval or authorization obtained through your Regional Service Commission. / Autorisation de la municipalité ou de la Commission de services régionaux. Department of Health requires sites to have available 1 washroom per 50 people. For further information, please consult with your local Health Protection Branch. / Le ministère de la Santé exige qu’il y ait une toilette par 50 personnes sur les lieux d’un événement spécial. Pour obtenir de plus amples renseignements, veuillez communiquer avec le bureau de la Direction de la protection de la santé dans votre région. …4 Fire Marshal’s Office, Justice and Public Safety or local Fire Prevention Inspectors / Autorisation du Bureau du prévôt des incendies, du ministère de la Justice et de la Sécurité publique ou des inspecteurs régionaux en sécurité-incendie. Security and bartending arrangements / Dispositions relatives aux services de sécurité et aux serveurs Copy of advertisement / Matériel publicitaire List of committee members of organization / Liste des membres du comité organisateur de l’événement Letter from festival committee / Lettre du comité du festival Required fee - $100 per day / Droits prescrits – 100 $ par jour Declaration Déclaration It is understood and agreed to that if the said Il est compris et entendu que le ministère de la event is not accurately identified on this Justice et de la Sécurité publique peut, à sa document and/or it is not operated in discrétion, suspendre ou retirer les privilèges accordance with the requirements of the Liquor liés à l’obtention d’autres licences pour un événement spécial si les renseignements Control Act, the policies, and the conditions fournis relativement à l’événement faisant attached to the special events licence, then the l’objet de la présente demande sont inexacts privileges of obtaining further special events ou si les activités ne sont pas conformes aux licences may be suspended or cancelled at the dispositions de la Loi sur la réglementation des discretion of the Department of Justice and alcools, aux directives et aux conditions Public Safety. rattachées à la licence. I certify that: Je certifie que : I am at least 19 years of age. j’ai au moins 19 ans; All information submitted in this application tous les renseignements fournis sont vrais is true and correct. et exacts; I have read and understand the conditions j'ai lu et compris les conditions applicables à which are applicable to the licence applied la délivrance de la licence demandée. for. Date 20 Signature of Applicant / Signature du demandeur /h…b/L\[ w9thw M&C No. 2019-61 Report Date April 02, 2019 Meeting Date April 08, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Software Renewal - ClearRisk OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Ian Fogan Kevin Fudge John Collin RECOMMENDATION Direct the Mayor and Common Clerk to execute the attached ClearRisk renewal. EXECUTIVE SUMMARY The ClearRisk system provides a Management Information System for Risk Management and Fleet. ClearRisk enables the direct reporting of claims, fleet work orders, parts and maintenance billing, fuel usage, lifecycle planning, claim management, Risk Management planning and a broad list of kep performance indicators. PREVIOUS RESOLUTION At February 4, 2013 meeting of Council the following resolution was adopted: RESOLVED that as recommended by the City Manager in the submitted report Software Agreement for Risk Management, Council approved the purchase of Risk Management software from ClearRisk Inc., and further that the Mayor and Common Clerk be authorized to execute the agreements with ClearRisk Inc. and Saleforce.com as submitted. REPORT The City commenced using ClearRisk for Risk Management Information System in 2013. The system allows for quick and accurate reporting of claims and insurance cost as well as Risk Management planning which lead to substantial insurance savings in 2015 of over $500,000. - 2 - The cost for the Risk Management component is $11,550 and forms part of the calculati comparators in the public and private sectors. Fleet began developing a Fleet Management Information System in partnership with ClearRisk in 2016 following a recommendation from an MBA student project in the summer of 2016. The project looked at the cost/benefits of alternative Fleet Management Information System and concluded that if the City of Saint John were to invest in the effort to develop their own system with ClearRisk, that the solution would likely provide the best quality system at the lowerst price. The cost for the Fleet component is $14,850 which includes access for other departments to run their own reports on their fleet performance and planning for fleet replacement. When the City researched several other Fleet information systems the comparable price was 2 to 3 times the cost of the ClearRisk system. cycle planning for the CityClearRisk system also allows for direct access to reports and costs of repairs for the different service delivery departments such as Police, Fire, Transportation and Environment Services and Water. STRATEGIC ALIGNMENT This aligns with the Council priority of Valued Service Delivery. Management information system such as ClearRisk enable value optimizing decisions and measure and report key performance indicators. Through these systems, Staff are enable to make decisions to provide better front line services at the lowest possible cost to citizens and customers. SERVICE AND FINANCIAL OUTCOMES The cost of the systems are included in the Risk Management and Fleet budgets but enables management decisions in the planning and reporting of Fleet and Risk Management decisions. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS 1. Original agreement with ClearRisk Inc. and Salesforce.com 2. Amendment to original agreement Claims System 3. Amendment to orginal agreement Fleet System - 3 - /h…b/L\[ w9thw M&C No. 2019 - 71 Report Date April 01, 2019 Meeting Date April 08, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: License Agreement with Saint John Arts Centre for Mural Project OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Kevin Fudge/Ian Fogan John Collin RECOMMENDATION 1. That the City enters into a License agreement with Saint John Arts Centre for $1.00 to grant its agents, employees, partners and contractors access to and use a portion of the building facade at civic #20 Peel Plaza, being a , for the mural creation, subject to the following terms and conditions: a. the License shall commence on June 1, 2019 and conclude at 11:59 pm (local time) on July 31, 2019; b. that Saint John Arts Centre shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross- liability clause; and c. all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in the Licensee does hereby indemnify and save harmless the Licensor from respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area. 2. That the Mayor and Common Clerk be authorized to execute the License Agreement. - 2 - EXECUTIVE SUMMARY Saint John Arts Centre (SJAC) is planning to have a renowned artist come to the City in June to July of this year to paint a mural. The mural will be painted over portions of the east and south facing walls of the Arts Centre building. The mural will be designed by artist Allan Ryan (Uber 5000) and be approved by the SJAC mural committee. The Committee would reserve the right to paint over the mural at some point in the future. If permission is granted, the mural would be set to proceed in June of this year. The terms and condition contained in the recommendation of this report will be included in a License agreement that will provide SJAC and their agents the access they requested and also protect the City against any unforeseen circumstances. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Further to the comments contained in the Executive Summary. City departments and agencies have been advised and are supportive of Saint John Arts Centre proposal to use a portion of the building (non-brick) facades to facilitate the painting of a mural to draw attention to the SJAC offering New Brunswick College of Craft and Design foundation courses starting this September. The terms and conditions as set out in the recommendation contained in this report will facilitate the proposal and protect the interests of the City of Saint John. These conditions are similar to a recent license granted by the City for Discover Saint John to create a mural adjoining the Market Slip. SERVICE AND FINANCIAL OUTCOMES There are no financial costs to the City associated with this project, while the tourism benefits to the City and drawing attention to the new courses being offered in the fall by the Arts Centre will be immeasurable. - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Facility Management and Risk Management were all advised of this proposal and their input has been provided into this report where applicable. The City office has reviewed a very similar report involving Discover Saint John and was satisfied with the recommendation to Council. ATTACHMENT Location Map /h…b/L\[ w9thw 2019-76 M&C No. April 2, 2019 Report Date April 8, 2019 Meeting Date Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender for Asphaltic Concrete Mixes OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Dobson Michael Hugenholtz John Collin RECOMMENDATION It is recommended that the seasonal tender for the supply of asphaltic concrete mixes be awarded as follow: Pre Construction Season (start of plant til May 5, 2019) - NRB Construction Company Ltd. Construction Season (May 6 to November 8, 2019) - NRB Construction Company Ltd. Post Construction Season (November 9, 2019 to plant close) - Galbraith Construction Ltd. EXECUTIVE SUMMARY Every year the City of Saint John issues a tender for the supply of asphaltic concrete mixes to secure a source of asphalt for its various roadway maintenance initiatives. The th tender closed on March 26, with two bids meeting the City requirements. The bid received from NRB Construction was low for the before and during construction seasons and Galbraith Construction for the after construction season. PREVIOUS RESOLUTION This is an annual program. REPORT Each year the City of Saint John tenders for the establishment of a supply agreement for the provision of asphaltic concrete mixes to guarantee a supply of asphalt. This product is used by Transportation and Environment Services for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs, roadway overlays, and miscellaneous maintenance projects. - 2 - There are traditionally three seasons for asphalt: the normal construction season when production is high and product is readily available; and the pre and post-construction seasons, when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre-season, another price for the construction season, and a third price for the post-season. In this instance, the recommended bidder is the lowest bid for each MTO Performance Graded Asphalt Cement Price Index In 2009, the City of Saint John adopted the use of the Ontario Ministry of Transportation performance grade asphalt cement price index in all its asphalt related tenders. In summary, an end of season adjustment is made for each monthly change in the MTO Price Index and applied to the asphalt at time of purchase, with the Tender Opening date being the base month. Adjustments are only made if month over month price fluctuation is greater than 5%. The formula is: PA = Payment adjustment for asphaltic cement in dollars T = Posted MTO Price Index for the month of tender opening P = Posted MTO Price Index for the month the asphalt was purchased Q = Quantity of asphaltic cement in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P 1.05T) x Q. When P < 0.95 T, the City receives a credit as follows: PA = (0.95T P) x Q. STRATEGIC ALIGNMENT The asphaltic concrete mixes procured through this award are used in various roadway surface maintenance programs such as: the Saint John Water cut reinstatement program, patch work, and the overlay program; all of which align with the of investing in strategic road improvements. SERVICE AND FINANCIAL OUTCOMES The total estimated value of the 2019 supply contract is approximately $1 million for all of Transportation and Eny maintenance programs (being $675,000 +/- for the patch work, roadway and sidewalk maintenance, and the overlay programs; and $325,000 +/- for the Saint John Water cut reinstatement program). The purchase of asphaltic concrete mixes is a planned expenditure and funds to cover the programs are included in the 2019 Operating Budget (over multiple service budget lines). - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on March 12, 2019 and closed on Tuesday, March 26, 2019 with two compliant bids received. The results of the tender (excluding HST and haulage rates) are: Staff of Materials Management and Transportation & Environment Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believe that both tenderers have the necessary resources and expertise to perform the work. es not open their plant until the Constructio awarded to NRB Construction. With the exception mentioned above, all items are being awarded to the lowest bidder. Management support the recommendation being put forth. ATTACHMENTS No attachments /h…b/L\[ w9thw M&C No. 2019- 78 Report Date March 26, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract No. 2019-16 Asphalt Resurfacing 2019 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz/Brian John Collin Keenan RECOMMENDATION It is recommended that Contract No. 2019-16: Asphalt Resurfacing 2019 be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $5,886,959.54 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2019- 16: Asphalt Resurfacing 2019 to the low Tenderer. PREVIOUS RESOLUTION November 05, 2018; 2019 Water & Sewerage Utility Fund Operating Program Approved. July 30, 2018; 2019 General Fund Capital Program Approved. December 18, 2018; 2019 General Fund Operating Program Approved. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. - 2 - REPORT BACKGROUND The 2019 General Fund Operating Budget for Transportation and Environment Services and the 2019 General Fund Transportation Capital Program include provisions for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. This contract includes all work associated with the resurfacing of a total of 34 streets or segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 23,960 tonnes of Superpave hot-mix asphalt. Also included in this contract is the installation of approximately 8,557 lineal meters of concrete curb and 3,563 lineal meters of 1.5 meter sidewalk. TENDER RESULTS Tenders closed on March 26, 2019 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $5,886,959.54 2. Classic Construction (2012) Ltd., Saint John, NB $5,953,677.08 3. NRB Construction Company Ltd., Saint John, NB $6,193,442.88 4. Debly Enterprises Ltd., Saint John, NB $6,305,748.71 7,298,600 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. The tender from Debly Enterprises Ltd. contained a minor error in mathematics that required correction in accordance with specification article 2.11 u) (i). 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. The asphalt production and placement processes will be closely monitored to ensure conformance with project specifications. Work is expected to begin the last week of April and continue until October 15, 2019. - 3 - FINANCIAL IMPLICATIONS The Contract includes work that is charged against various Operating and Capital Budgets. 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 $ 6,879,000 Project net cost $ 5,688,000 Variance (Surplus) $ 1,191,000 It is the intention of City staff to make full use of this budget surplus by adding additional streets to the 2019 asphalt resurfacing contract with the payment to be made at the approved contract unit prices. Staff will report back to Council with a proposed list of additional streets for asphalt resurfacing and for approval to increase the amount of contract 2019-16 accordingly. POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a /h…b/L\[ w9thw M&C No. 2019-79 Report Date March 29, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019 Roadway Construction Projects OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Keenan Michael Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have a significant impact on traffic arteries. A map identifying the location of 2019 City projects is attached. Projects that will have a more significant impact on traffic are highlighted later in this report. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program Approved. July 30, 2018; 2019 General Fund Capital Program Approved. - 2 - STRATEGIC ALIGNMENT specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on March 20, 2019 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Emera Brunswick Pipeline, Bell Aliant and Rogers Communication, The 2019 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2019 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. Route 1 and Interchanges Work will be taking place this season by Gateway Operations: Mill Street Overpass Structure Deck Rehabilitation (Northbound lanes) starting in late April with an estimated duration of 4 months lane reductions will be required. Market Place Structure. Detours will be required for 2-3 days. Riverview Drive Structure lane reductions will be required. Celebration Street Gabion Retaining Wall Replacement. NBDTI Projects NBDTI will be undertaking the following projects in 2019: Red Head Road replacement of Culvert No. 2 will be a single lane of alternating traffic with temporary traffic lights in place during construction. Hickey Road @ Little River bridge work design details still underway Reversing Falls Bridge Foundation Rehabilitation (East Abutment) minimal impact on traffic flow anticipated at this time. Route 7 Kings County/Saint John County Line to Route 177 Overpass paving Route 7 South bound lanes near Grand Bay/Westfield Interchange Culvert Replacement Martinon Structure work underneath structure - 3 - Wall Street Overpass work on drains (lane reductions for one week) Coldbrook Structure replace deck (3 to 4 days) Route 100/Rothesay Avenue Intersection realignment and signalization Final design details not yet available but expect some disruption to traffic, lane reductions, partial/temporary closures as required for construction activities. Traffic notifications to be in place well in advance of work. Saint John Energy Projects Saint John Energy will be undertaking utility work that involves some excavation at the following locations: Mystery Lake Drive/Coldbrook Crescent, Wyatt Crescent, Bermuda Court, Danells Drive, Alingham Crescent, Angus Court, Ian Street, MacNaughton Place, and Bayside Drive (transformer pads). Cabling work not requiring excavation will be undertaken at Hilyard Street. City Projects The attached City of Saint John Projects Map for 2019 includes projects under several categories: Asphalt Maintenance Resurfacing Water and Sewer Construction Street Reconstruction Safe Clean Drinking Water Project Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete depending on length of roadway to be resurfaced. The construction duration will be longer for those locations where concrete curbs/sidewalks are included. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex and significant work is being carried out simultaneously in various sections of the closed roadway. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. Some remaining work continues on the Safe Clean Drinking Water Project at John T. McMillan Avenue. From the Projects Map, the following projects will result in significant impacts to traffic flow: - 4 - Metcalf Street (Main Street to Lansdowne Avenue) Street Reconstruction road closure and detour with access for local traffic. Mecklenburg Street (Wentworth Street to Sydney Street) - Street Reconstruction road closure and detour with access for local traffic. Westmorland Road (Consumers Drive to McAllister Place) - Asphalt Maintenance Resurfacing lane reductions. Rothesay Avenue (McLean Street to McAllister Drive) - Asphalt Maintenance Resurfacing lane reductions. Charlotte Street (King Square North to King Square South) and King Square North (Sydney Street to Charlotte Street) and King Square South (Charlotte Street to Sydney Street) and Sydney Street (King Square South to Union Street) - Asphalt Maintenance Resurfacing lane reductions, possible road closure two consecutive Sundays. Manawagonish Road (Fairville Boulevard to Westgate Drive) - Asphalt Maintenance Resurfacing - lane reductions. Chipman Hill (King Street to Union Street) Street Reconstruction road closure and detour with access for local traffic. King Square South (Charlotte Street to Civic #12 King Square South) Water & Sewer Construction lane reductions. Queen Square North (Charlotte Street to Sydney Street) - Street Reconstruction road closure and detour with access for local traffic. Wentworth Street (Union Street to Elliot Row) - Street Reconstruction road closure and detour with access for local traffic. Traffic disruption could be subject to change depending on particular design and/or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities Enbridge Gas, Bell Aliant and Saint John Energy to exchange information about their work activities in order to coordinate respective programs and plans. - 5 - SERVICE AND FINANCIAL OUTCOMES The planned roadway construction projects will result in improvements to the municipal infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Communications Construction Information Keeping citizens informed is a key component of a successful construction season. Transportation & Environment Services, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI, Gateway Operations and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. The following will be utilized to communicate information to the public: Public information sessions for major projects where required. The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. A sample of the weekly update is attached for information. Further information will be compiled as additional 2019 construction projects commence; "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; Onsite information signage where needed and; Working with Destination Saint John and the Visitor Information Centres to keep visitors/tourists informed. - 6 - construction map, a list of all projects and an explanation of the work to be carried out and detailed information about large projects; Many construction projects and activities have begun or are planned for the 2019 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. ATTACHMENTS City of Saint John Projects Map City of Saint John Weekly Construction Update 7%%+,9 #/.3425#4)/. 50$!4% Municipal Operations and Engineering LƓŭĽƓźĻƩźĻ ĻƷ ƚƦĽƩğƷźƚƓƭ ƒǒƓźĭźƦğƌĻƭ (506) 658-ЍЍЎЎ CğǣΉĽƌĽĭƚƦźĻǒƩ ʹ ΛЎЉЏΜ ЏЎБ-4740 municipaloperations@saintjohn.ca http://www.saintjohn.ca Construction Update/Nouvelles hebdomadaires March 29, 2019 /le 29 mars 2019 Drive with Caution or Use Alternate Routes Conduisez prudemment ou utilisez un trajet de rechange. Police Will Be Monitoring Traffic La police surveillera la circulation. Expect Traffic Interruptions {γğƷƷĻƓķƩĻ Ġ ķĻƭ źƓƷĻƩƩǒƦƷźƚƓƭ ķĻ ƌğ ĭźƩĭǒƌğƷźƚƓ͵ CITYOF SAINT JOHN PROJECTS C ONTINUING / E NCOURS : Reversing Falls Bridge (R215) Reduced to One Lane - tƚƓƷ 5Ļ /ŷǒƷĻƭ LƓǝĻƩƭĽĻƭ ΛwЋЊЎΜ ƩĽduit Ġ ǒƓĻ ǝoie - City of Saint John Ville de Saint-Jean The Department of Transportation and Infrastructure Le ministļƩĻ ķĻƭ ƩğƓƭƦƚƩƷƭ ĻƷ ķĻ ƌ'Infrastructure tient Ġ wishes to advise the motoring public that the informer les automobilistes que le pont des chutes Reversing Falls Bridge will be reduced to one lane rĽversibles sera rĽduit Ġ une voie Ġ compter du mardi, commencing at 9 a.m. on Tuesday, January 29, 2019. 29 janvier 2019 9 heures am. Cette rĽduction de voie This lane reduction is expected to be approximately devrait durer environ le 31 mars 2019 ĻƷ ĻƭƷ ƓĽcessaire until March 31, 2019 and is necessary to carry out pour effectuer l'entretien de la structure. La maintenance on the structure. Signage will be in signalisation sera en place. place. Cela fait partie des travaux en cours du ministļre des This is part of the ongoing work of the Department of Transports et de !'Infrastructure. Le ministļre rappelle Transportation and Infrastructure. The Department aux automobilistes de rduire leur vitesse et de reminds motorists to reduce speeds and drive safely. conduire prudemment. Construction Update April 1 Α April 5, 2019 aźƭĻ Ġ ƆƚǒƩ ķĻ ƌğ ĭƚƓƭƷƩǒĭƷźƚƓ 01 avril Α 05 avril, 2019 Safe Clean Drinking Water Project (SCDWP) Projet Eau potable et salubre Additional Infrastructure Infrastructure additionnelle Component 3-2 Α Latimer Lake Dam and Intakes ;ƌĽƒĻƓƷ Ќ-2 - .ğƩƩğŭĻ ķĻ \[ğĭ \[ğƷźƒĻƩ ĻƷ tƩźƭĻƭ ķ͸Ļğǒ Dredging operations and new intake pipe installation \[Ļƭ ƚƦĽƩğƷźƚƓƭ ķĻ ķƩğŭğŭĻ ĻƷ ƌγźƓƭƷğƌƌğƷźƚƓ ķĻ ƓƚǒǝĻƌƌĻƭ will continue at Latimer Lake. The public and ĭƚƓķǒźƷĻƭ ķγğķƒźƭƭźƚƓ ƭĻ ƦƚǒƩƭǒźǝƩƚƓƷ Ġ \[ğƷźƒĻƩ \[ğƉĻ͵ motorists are advised that there will continue to be \[Ļ ƦǒĬƌźĭ ĻƷ ƌĻƭ ğǒƷƚƒƚĬźƌźƭƷĻƭ ƭƚƓƷ ğǝźƭĽƭ ƨǒĻ ƌğ Construction Update / Nouvelles hebdomadaires - 2 - March 29, 2019 / le 29 mars 2019 increased heavy truck traffic on Eldersley Avenue and circulation de camions lourds sur l'avenue Eldersley et le Latimore Lake Road from Pipeline Road East to Bustin chemin Latimore Lake continuera d'augmenter, du Blvd. Please use extreme caution when making the chemin Pipeline Est au boulevard Bustin. CğźƷĻƭ ƷƩļƭ turn on Eldersley Avenue and Pipeline Road East as attention lorsque vous tournez sur Eldersley Avenue et Pipeline Road East, car les camions quittent lentement trucks are slowly pulling out of Pipeline Road East. Pipeline Road East. Component 5-2 Α Rothesay Avenue ;ƌĽƒĻƓƷ Ў-2 Α avenue Rothesay Two-way traffic will be slowed in both directions to allow for chamber inspection. Flag personnel La circulation dans les deux sens sera ralentie will be present during this activity. From afin de permettre l’inspection des regards Thorne Ave. To Russell St. (passages pour hommes). Le personnel de signalisation sera sur place. De l’avenue Thorne à la rue Russell. COUNCIL REPORT M&C No. 2019 - 80 Report Date March 28, 2019 Meeting Date April 08, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City Market Tower Phase 2 Interior Renovations and Fit-Up OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine Kevin Fudge John Collin RECOMMENDATION It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the City Market Tower Phase 2 Interior Renovations and Fit-Up, in the amount of $3,162,806.30 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $158,140.32 plus HST, for a total project cost of $3,320,946.62 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Tower Phase 2 Interior Renovations and Fit-Up to the lowest compliant bidder. PREVIOUS RESOLUTION The following previous resolutions were adopted by Common Council: 1) M&C 2015-199. a. Approve the Contribution with the Atlantic Canada Opportunity Agency ( Project No. 206167) and authorize its execution by the Mayor and Common Clerk; b. Commit to allocating $1,330,000 toward the Saint John City budget prior to 2018, contingent on the Government of New Brunswick confirming its contribution of $2,030,000 - 2 - 2) M&C 2016-238. Approve the contribution Agreement between the City of Saint John and the Regional Development Corporation ( Project No. 7807) and authorize its execution by the Mayor and Common Clerk; 3) M&C 2017-048. It is recommended that the tender submitted by Eclipse Construction Services., for the replacement of the Heritage Window Replacement, in the amount of $853,252.85 including HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $35,000 plus HST, for a total amount of $893,502.85 including HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 4) M&C 2017-197. It is recommended that the tender submitted by Eclipse Construction Services Ltd., for the City Market Tower Phase 1 Envelope Rehabilitation and Structural Remediation, in the amount of $2,013,249.47 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $290,000 plus HST, for a total project cost of $2,303,249.47 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. STRATEGIC ALIGNMENT The City Market is a gem for the City of Saint John. The City Market is one of the most important public gathering spaces in the greater Saint John region. It is a place where regional vendors sell a range of goods as well as goods from around the world. The Market provides a range of merchandise that serves all residents of the community. The City Market, the oldest continuing farmer's market in Canada, forms the historic centerpiece of the revitalized city center in Saint John. The City Market the identity and culture of Canada. In February 1988, the City of Saint John entered into a cost sharing agreement with the Federal Government (Environment Canada Parks) for the restoration of the Saint John City Market. An important stipulation in this agreement is as follows: ill, at its own expense, and subject to the Conservation Report, operate, maintain, and protect the Market in its restored state for a period of forty- - 3 - As such, the City of Saint John has a responsibility under this agreement to maintain and protect the City Market in a restored state until the year 2030. This includes the Head Tower. In addition to the above, in terms of strategic alignment, the Saint John City Market is also located in an intensification area (uptown primary centre), which aligns with Plan SJ. The proposed exterior and structural remediation work is part of the City Market Tower capital renewal which was identified as a high priority by the Common Council. REPORT BACKGROUND In April, 2018, the City of Saint John completed Phase 1 of the City Market Tower. Phase 1 consisted of exterior and structure remediation works as well as replacement of windows, doors, roofs, rainwater leaders and gutters. Immediately after the completion of phase 1, staff in cooperation with the architect started working on the design and tender package of Phase 2 Interior Renovations and Fit-Up. The completion of Phase 2 will enable City Staff to move to the City Market Tower, which is expected to be in late November 2019. ANALYSIS The proposed scope of work of phase 2 consists of, but is not limited to, the following: Interior renovations of the City Market Tower floors, main stairwell and partial renovation of the market elevator lobby Replacement of the two boilers Supply and Installation of a new high efficiency heating and cooling system including a smart control system Supply and Installation of three high efficiency Energy Recovery Ventilators (ERV) Expanding of the electrical and boiler rooms Supply and installation of a new electrical service entrance Supply and installation of new lighting, power and communications distribution including lighting control Supply & installation of new exterior lighting system Modernizing of the existing elevator Structural remediation of interior timber systems, and interior brick load- bearing walls - 4 - SERVICE AND FINANCIAL OUTCOMES The total cost to perform the City Market Tower Phase 2 Interior Renovations and Fit-Up, if awarded to the lowest bidder as recommended, will be $3,320,946.62 plus HST. This includes the $158,140.32 contingency allowance. The cost of the project with the HST rebate applied (100% in this case) will be $3,320,946.62. The total cost has exceeded the approved original cost of the City Market interior renovation by approximately $339,642.30 excluding contingency. This is due to the installation of new boilers, heating and electrical service entrance as well as increase in cost to the aluminum and steel materials. The original boilers and heating systems as well as the electrical service entrance are over 35 years old and have surpassed their expected useful life. However, staff have identified the following projects in the 2018 and 2019 capital budget, which are under budget or are not required to be done: Heat Pump Installation, Market Slip Steel Sheet, Harbour station expansion joint, leisure Services Offices window replacement, ammonia gas detection, Carleton community center HVAC upgrade. The total cost of these projects is approximately $497,782.62, which would be allocated to the City Market Interior Renovation Project as per the capital budget policy. Funding for this project is provided by a shared funding agreement with Regional Development Corporation (RDC) in the amount of $401,000, Atlantic Canada Opportunity Agency (ACOA) in the amount of $494,094.91, Federation of Canadian Municipalities (FCM) in the amount of $900,000, NB Power Energy Program in the amount of $12,789 with the remaining funds of $1,513,062 provided from the 2018 & 2019 City of Saint John Capital budget envelope. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS MATERIALS MANAGEMENT A public tender call was issued on March 6, 2019 and closed on March 26, 2019. Four (4) companies responded to the tender call by submitting bids. The results are as follows: Eclipse Construction Services Ltd. $ 3,162,806.30 plus HST Bird Construction Group $ 3,238,000.00 plus HST John Flood & Sons (1961) Ltd. $ 3,250,676.00 plus HST Lindsay Construction Limited $ 3,439,000.00 plus HST Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer, - 5 - Eclipse Construction Services Ltd., has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Materials Management support the recommendation being put forth. ATTACHMENTS N/A /h…b/L\[ w9thw M&C No. 2019-77 Report Date March 29, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council: SUBJECT: Materials Testing and Construction Inspection Services for 2019 and 2020 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz /Brian John Collin Keenan RECOMMENDATION It is recommended that the proposal from Gemtec Consulting Engineers and Scientists Limited, for Material Testing and Construction Inspection Services for 2019 and 2020 in the amount of $683,660.05 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Materials Testing and Construction Inspection services for asphalt concrete, Portland cement concrete and soils compaction for the years 2019 and 2020 to Gemtec Consulting Engineers and Scientists Limited. PREVIOUS RESOLUTION July 30, 2018; 2019 General Fund Capital Program Approved. December 18, 2018; 2019 General Fund Operating Program Approved. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. - 2 - REPORT BACKGROUND The approved 2019 General Fund Capital and General Fund Operating Programs include funding for the Materials Testing and Construction Inspection Services. A Request for Proposal (RFP) was advertised 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 Sevices. 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 requiring sophisticated lab equipment and facilities. 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. ANALYSIS With a comprehensive terms of reference document developed by staff, a public call for proposals was made for Materials Testing and Construction Inspection Services. The Request for Proposal (RFP) closed on February 28, 2019 with responses received from the following four consulting engineering companies: Stantec Consulting Limited, Saint John, NB Gemtec Consulting Engineers and Scientists Limited, Saint John, NB EXP Services Inc., Saint John, NB Conquest Engineering Ltd., Saint John, NB A Review Committee consisting of staff from Materials Management and Transportation & Environment Services 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 - 3 - 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 Purchasing, Engineering and Operations 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. Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub ΏĭƚƓƭǒƌƷğƓƷƭ Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? Ѝ͵ 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 5. Cost Cost will be a factor, however not the only factor to be considered. 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 financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Gemtec Consulting Engineers and Scientists 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 Gemtec Consulting Engineers and Scientists Limited, met all of the requirements of the proposal call, in a manner acceptable to the committee, and with the lowest cost of the submitted proposals. - 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 Hourly Rates as contained in The Association of Consulting Engineering Companies New Brunswick fee guideline. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Gemtec Consulting Engineers and Scientists Limited, to provide Materials Testing and Construction Inspection Services for this project is $683,660.05 including HST, based on estimated quantities. This cost is based on providing the requested services for a period of 2 years ($333,537.95 in 2019 and $350,122.10 in 2020). The cost to cover these services are included in the Operating and General Fund Capital Program Budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Material Testing and Construction Inspection Services. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the recommendation being put forth. ATTACHMENTS N/a /h…b/L\[ w9thw M&C No. 2019-69 Report Date March 27, 2019 Meeting Date April 08, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Mecklenburg Street (Sydney Street to Wentworth Street) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Joel Landers Brent McGovern / Brian John Collin Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Mecklenburg Street (Sydney Street to Wentworth Street) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION July 30, 2018; (M&C 2018-219) 2019 Water & Sewerage Utility Fund Capital Program Approved. July 30, 2018; (M&C 2018-219) 2019 General Fund Capital Program approved REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and reconstruction of Mecklenburg Street from Sydney Street to Wentworth Street. - 2 - Staff looks forward to the tender closing on April 16, 2019. Construction is expected to begin in July 2019 and continue until September, 2019. This is a major project that will impact the local area during construction. It is for these reasons 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 Trinity Church (Bennett Room) at 115 Charlotte Street on Wednesday, April 17, 2019, 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. The Public Information Session will be advertised on thand copies of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Mecklenburg Public Information Session Notice PUBLIC INFORMATION SESSION MECKLENBURG STREET (SYDNEY STREET TO WENTWORTH STREET) WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Mecklenburg Street from Sydney Street to Wentworth 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. New curb and sidewalk will be installed and full road reconstruction will be undertaken including the addition of a grass median and trees. Construction is planned to begin in July and is expected to continue into September 2019. 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. infrastructure. This project is part of the 2019 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John 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 17, 2019 Time: 2:00 4:00 pm and 6:00 8:00 pm Location: Trinity Church (Bennett Room) 115 Charlotte Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. /h…b/L\[ w9thw M&C No. 2019-70 Report Date April 01, 2019 Meeting Date April 08, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Wentworth Street (Union Street to Elliot Row) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brent McGovern / Brian John Collin Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Wentworth Street (Union Street to Elliot Row) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION February 25, 2019; Contract 2019-01: Wentworth Street (Union Street to Elliot Row) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction Awarded. REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and renewal of the watermain and sanitary sewer, the installation of a new storm sewer and full street reconstruction on Wentworth Street from Union Street to Elliot Row. The tender for Wentworth Street has closed and the contract was awarded to TerraEx Inc. at the February 25, 2019 Council meeting. Construction is expected - 2 - to begin in late April, 2019 and continue until August, 2019. This is a major project that will impact the local area during construction. It is for these reasons 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 Boys & Girls Club of Saint John at 1 Paul Harris Street on Thursday, April 11, 2019, 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. The Public Information Session will be advertised and copies of the attached notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on this section of Wentworth Street. In addition, this project provides the opportunity to improve the streetscape with the installation of grass medians and street trees. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Wentworth Street Public Information Session Notice PUBLIC INFORMATION SESSION WENTWORTH STREET (UNION STREET TO ELLIOT ROW) WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Wentworth Street from Union Street to Elliot Row. 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. New curb and sidewalk will be installed and full road reconstruction will be undertaken including the addition of grass medians on both sides of the street and trees on the odd civic number side of the street. Construction is planned to begin in April and is expected to continue into August 2019. 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. ng commitment to continually improve its infrastructure. This project is part of the 2019 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John 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: Thursday, April 11, 2019 Time: 2:00 4:00 pm and 6:00 8:00 pm Location: Boys & Girls Club of Saint John 1 Paul Harris Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. /h…b/L\[ w9thw M&C No. 2019-67 Report Date March 27, 2019 Meeting Date April 08, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services: Prospect Street West Sanitary Lift Station & Sewer Improvements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Campbell Brent McGovern /Brian John Collin Keenan RECOMMENDATION It is recommended that the proposal from Crandall Engineering Ltd., for engineering design and construction management services for the Prospect Street West Sanitary Lift Station & Sewer Improvements project in the amount of $82,000.75 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Engineering services for the Prospect Street West - Sanitary Lift Station & Sewer Improvements project to Crandall Engineering Ltd. PREVIOUS RESOLUTION July 30, 2018; (M&C 2018-219) 2019 Water & Sewerage Utility Fund Capital Program approved. STRATEGIC ALIGNMENT Sustainable Infrastructure. - 2 - REPORT BACKGROUND The approved 2019 Water & Sewerage Utility Fund Capital Program includes funding for design of a new pumping station, land acquisition and required piping to direct flows to the sewer on Main Street West for treatment. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: Part A Site Surveys, Preliminary Investigation and Data Collection Part B Preliminary Design, Cost Estimates and Design Report Part C Conduct Public Consultation Process Part D Detailed Design Part E Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings Part F Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 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 28, 2019 with responses received from the following four consulting engineering companies: Dillon Consulting Limited, Saint John, NB Crandall Engineering Ltd., Saint John, NB R.V. Anderson Associates Limited, Moncton, NB CBCL Limited, Saint John, NB A Review Committee consisting of staff from Materials Management, Transportation & Environment Services and Saint John Water 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. - 3 - The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering and Operations 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. Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub ΏĭƚƓƭǒƌƷğƓƷƭ Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? Ѝ͵ 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 5. Cost Cost will be a factor, however not the only factor to be considered. 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 financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Crandall Engineering Ltd. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, and was the lowest cost of the submitted proposals. - 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 Hourly Rates as contained in The Association of Consulting Engineering Companies New Brunswick fee guideline. The Construction Management component of this project fee is based on an estimated 8 week construction period. The final fee will be calculated based on the actual construction management period. SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from Crandall Engineering Ltd., to provide engineering design and construction management services for this project is $82,000.75 including HST. This cost is based on an estimated 8 week construction management period. An amount of $100,000 is included in the 2019 Water & Sewerage Utility Fund Capital Program for engineering design services. Engineering fees to cover the costs of design and construction management generally do not exceed 1520% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 13% of the total overall project cost, which is considered appropriate for this type of work. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Prospect Street West Sanitary Lift Station & Sewer Improvements project. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the recommendation being put forth. ATTACHMENTS N/a Date: To: From: For:Meeting ofTuesday,March 26, 2019 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Proposed Zoning: Two-Unit Residential (R2) Application Type: Jurisdiction:Community Planning Act Monday,April 8, 2019 SUMMARY RECOMMENDATION DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Municipal Plan CriteriaStaff Comments Rezoning and Section 39 Amendment Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS Alternatives Other Considerations ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX Site Location Municipal Plan Zoning Aerial Photography Site Photography L I W 03/04/2019 40 Mountain View Drive (Calabria Estates) Presentation to Common Council April 8, 2019 Growth & Community Planning Team DƩƚǞƷŷε/ƚƒƒǒƓźƷǤ5ĻǝĻƌƚƦƒĻƓƷ{ĻƩǝźĭĻƭ Proposal •126 unit residential development served by private streets •Phase One: six storeymultiple dwelling unit (78 units) 2 1 03/04/2019 Conceptual Layout Plan 3 Proposal 1.Amend Municipal Plan Designations -Schedule B –Generalized Future Land Use 2.Rezone Property from RH and R2 to ID 3.Amend Section 59 Conditions -Staff recommend discharge existing (Appendix A) and apply conditions (a) through (i). 4.Assent to one or more Subdivision Plans and grant Local Government Service Easements 4 2 03/04/2019 Site Location 5 Site Aerial 6 3 03/04/2019 Site Photos -Aerial 7 Site Photos -Aerial 8 4 03/04/2019 Site Photos 9 Future Land Use 10 5 03/04/2019 Future Land Use 11 Future Land Use 12 6 03/04/2019 Future Land Use Policy LU-4: Council shall not consider changing designation unless proposal meets criteria a-g. {ƷğŅŅ \[…ЍtƚƌźĭǤ/ƩźƷĻƩźğ /ƚƒƒĻƓƷ a)ConsistentwithintentofMunicipalPlan b)Necessarybyvirtueoflanddesignatedtoaccommodatethe development c)Enhancescommunityandqualityoflife d)Efficientlyusesinfrastructure e)Doesnotnegativelyimpactuseandenjoymentofadjacentlands f)Appropriateusewithindesignationbeingsoughtandconsistentwithits policies g)Adequatelyaddressesandmitigatesenvironmentalimpacts 13 Zoning 14 7 03/04/2019 Zoning {ƷğŅŅ \[…ЎЊtƚƌźĭǤ/ƩźƷĻƩźğ /ƚƒƒĻƓƷ a)Propertynearacollector/arterialstreetandtransitroutes b)Propertylocatedatperipheryoflowdensityresidential neighbourhoods c)Appropriatelydesignedforareaandencouragedinsuitablesitesfor infill d)Compatiblewithsurroundinglanduses e)Sufficientonsiteparkingandgreenspace f)Sitedesignfeaturesaddresssafeaccess,buffering,landscaping,grading, andstormwatermanagement g)HighqualitybuildingdesignconsistentwithUrbanDesignPrinciplesof theMunicipalPlan 15 Subdivision •Section 14(8) of Subdivision By-law limits the use of Private Streets to following criteria 1.Development located in the PDA 2.Development consists of cluster townhouse dwellings 3.Development serviced by Municipal Water, Sanitary Sewer and Storm sewer •Proposal meets intent of the use of private streets under the Subdivision By-law •Planning Advisory Committee approved use of Private Streets (Required under Community Planning Act) 16 8 03/04/2019 Design of Private Streets 1. “Via Calabria Street” -Remains private -Reconfigures cul-de-sac Ћ -Extends north -Built to City’s General Specifications 2. “LameziaLane” Њ -Intersects Via Calabria Street -Built to City’s General Specifications for private streets 17 Traffic Circulation -2008 Traffic Report for prior proposal of 190 units resulted in installation of signalized intersection -No adverse traffic impacts anticipated as a result. The proposal is for 126 units. 18 9 03/04/2019 Emergency Access -Controlled Emergency access connection initially recommended by staff for added public safety and connectivity at Myles Drive. -No requirement for connection in Subdivision By-law -PAC recommended to remove access. -Staff have reviewed and are satisfied with PAC recommendation. 19 Public Engagement •Website ad (Municipal Plan) –January 18, 2019 •7 letters received in response •Applicant NeighbourhoodMeeting –February 19, 2019 •20 Residents in attendance in support of application but opposed to idea of dog park on adjacent LPP and any form of connection to adjacent neighbourhood •Letterto area landowners –March 15, 2019 •Website ad (Public Hearing) –March 18, 2019 •PAC Meeting –March 26, 2019 •16 Members of Public in attendance •4 Letters received in advance of meeting 20 10 03/04/2019 Staff Recommendation 1.Plan Amendment 2.Rezoning 3.Section 59 Conditions •Approve conditions a –i. (i) “creation of a controlled access between the development and Myles Drive with suitable entry mechanism for emergency vehicles.” 4.Municipal Service Easements 5.Approval of using private streets and authorizing street names 6.Grant necessary variances from subdivision by-law. •Staff have reviewed PAC’s amendment to remove condition 3(i) with SJ Fire and are in agreement the amendment will have no adverse effect and recommend approval. 21 PAC Recommendation –Plan Amendment and Rezoning 1.ChangedesignationinMunicipalPlanfrom\[ƚǞ5ĻƓƭźƷǤ wĻƭźķĻƓƷźğƌ to\[ƚǞƷƚaĻķźǒƒ5ĻƓƭźƷǤwĻƭźķĻƓƷźğƌ. 2.RezonepropertyfromHighRiseResidential(RH)andTwo UnitResidential(R2)toIntegratedDevelopment(ID). 22 11 03/04/2019 PAC Recommendation –Section 59 Conditions 3.ThatCommonCouncildischargeexistingSection39conditionsand imposethefollowingnewSection59conditions a)Limitmaximumunitsto167 b)Requireadetailedsiteplan c)Limitpermittedusestothoseallowedinexistingzone d)LimitdevelopmenttoPart9oftheZoningBylaw(UsesPermittedinOther Zones) e)StormwatersystemremainprivateandķĻǝĻƌƚƦĻƩ͸ƭresponsibility f)EngineeredsiteserviceplanandstormwatersubmissionforPhaseOne g)RightofwayaccesstotheexistingstormwaterpondandLandforPublic Purposeparceladjacenttothedevelopment. h)Anygatedaccessesshallprovideasuitableentrymechanismforemergency vehiclesandoperationalvehiclesoftheCity. 23 PAC Recommendation –Service Easements 4.ThatCommonCouncilassenttooneormoresubdivisionplans,inone ormorephases,ingeneralaccordancewiththeConceptualLayout attachedforCalabriaEstatesSubdivisionat40MountainViewDrive,and withrespecttothevestingofanyLocalGovernmentServicesEasements tobedeterminedduringdetaileddesign. 24 12 Date:March 22, 2019 To:PlanningAdvisory Committee From:Growth & Community Planning Growth & Community Development Services For:Meeting ofWednesday,March 26, 2019 SUBJECT Applicant:Hughes Surveys &Consultants Inc. Owner:048367 N.B. Ltd. Location:40 Mountain View Drive PID:00313429 and 00426452 PlanDesignation:Low Density Residential Proposed Designation:Low to Medium Density Residential Existing Zoning:High-Rise Residential (RH) and Two-Unit Residential (R2) Proposed Zoning:Integrated Development (ID) Application Type:Municipal Plan Amendment, Rezoning, Section 59 Amendment, and Variance Jurisdiction:The Community Planning Actauthorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By-law. The Subdivision By-law authorizes the Planning Advisory Committee to approve the creation ofa lot with access other than a public streetand authorize new street names.The Page 1of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 Committee recommendation will be considered by Common Council at a public hearing on Monday,April 8, 2019. SUMMARY The proposal is to rezone 3.25hectares of land north of Sonya Court (to be renamed) to Integrated Development (ID) for the purpose of constructing anapproximately126unit residential development consisting of a mixture of townhouses and multiple unit dwellings, including one six storey building. To enable a height of six storeys, a Municipal Plan Amendment is required to change the designation of the subject property from Low Density Residentialto Low to Medium Density Residential, as the former designation limits multiple dwellings to fourstoreys in height. The development willbe serviced by private streets and therefore requires variancesfrom the Subdivision By-law.In addition, Section 59 amendments are requiredto set out new conditions as part of the Integrated Development (ID) Zone.Staff recommend approval of the application based on the proposal’s alignment with the goals and applicable policies of the Municipal Plan and City By-laws. The proposal is well suited for the neighbourhood, a key suburban intensification designated in PlanSJ, the City’s Municipal Plan. RECOMMENDATION 1.That Common Council redesignateon Schedule B of the Municipal Development Plan, land with an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, from Low Density Residentialto Low to Medium Density Residential. 2.That Common Council rezone land with an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, from High-Rise Residential (RH) and Two-Unit Residential (R2) to Integrated Development (ID). 3.That Common Council pursuant to the provisions of Section 59 of the Community st Planning Act (SNB 2017, c.19), hereby discharges the agreement dated the 21day of January, 2010 between North Star Holdings Ltd., and the City of Saint John, respecting the property identified in the said agreement by PID numbers00313429 and 00426452 and which agreement was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (Chapter C-12, RSNB 1973); and, Further Be It Resolved that Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act the following condition upon the Property having an area of approximately 3.25 hectares, located at 40 Mountain View Drive, also identified as PID numbers 00313429 and 00426452, the following conditionsupon the development and use of the land: Page 2of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 a.That any development of the site shall be limited to a maximum of 167 units and generally adhere to the Conceptual Layout, Context, Landscaping Plans, and Elevation Plansattached to this report. b.That any development of the site be in accordance with a detailed site plan to be prepared by the developerand subject to the approval of the DevelopmentOfficer, indicating the location of all buildings, structures, parking areas,driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenityareas, pedestrian circulation elementsand other site features. This final site plan is tobe attached to the application for the building permit for the respective part or phase of the proposed development. c.That the permitted uses of the Integrated Development (ID) Zone be limited to those outlined in the High-Rise Residential (RH) Zoneof the Zoning By-law. d.That any development of the site shall be subject to Part 9 of the Zoning By-law regarding Uses Permitted in Other Zones. e.That the owner, developer and/or successors shall maintain ownership of all proposed stormwater ponds and associated stormwater collection systems (sewer mains, manholes, catch basins, etc). All stormwater related infrastructure shall be considered private. f.That an engineered site servicing plan and stormwater submission shall be submitted for the full build out of the development with the Building Permit for “Phase One” of the development, which consists of the six storey multiple unit dwelling. Phase One shall comprise the full inclusive build out of the underground infrastructure and street construction of the proposed Private Street “Via Calabria Street”, and the proposed stormwater ponds. g.That the owner, developer and/or successors shall enter into an agreement with the City to provide right-of-way access to the existing stormwater pond and Land for Public Purpose parcel adjacent to the development. h.That any gated accesses shall provide asuitable entry mechanism for emergency vehicles and operational vehicles of the City. i.That acontrolledemergency access shall be created between the parking area south of the multiple unit dwellingand Myles Drive. This is to be a controlled access to prohibit vehicular circulation and shall be the responsibility of the developer to maintain and provide a suitable entry mechanism for emergency vehicles and operational vehicles of the City. The controlled emergency access connection shall be built to a City standard to the satisfaction of the City Chief Engineer or designate. 4.That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the Conceptual Layout attached for Calabria Estates Page 3of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 Subdivision at 40 Mountain View Drive, and with respect to the vesting of any Local Government Services Easements to be determined during detailed design. 5.That the Planning Advisory Committee approve the access to all proposed lots from the proposed private street network, suitable for the passage of motor vehicles, as being advisable for the proposed development of land. And further that the Committee authorize the approval of new street names “Lamezia Lane”and “Via Calabria Street.” This approval only comes into effect should Common Council give Third Reading to the proposed rezoning to the Integrated Development (ID) Zone;and, 6.That The Planning Advisory Committee grant the following variances from the Subdivision By-law: a.A variance to permit a Private Street serving a form of development other than a Cluster Townhouse Dwelling; and b.A variance from the requirements from subsections 14(8)(b)(i) and 22(1)(f) of the Subdivision By-law to allow for dwelling units in the proposed subdivision to be serviced by a storm sewer system other than a Municipal Storm Sewer System. These variances only come into effect should Common Council give Third Reading to the proposed rezoning to the Integrated Development (ID) Zone. DECISION HISTORY On August 18,2008, Common Council gave second reading tothe rezoning of 5.6 hectaresof land that encompassed the subject propertyfor the purposes of providingfor a residential developmentwhich included three four storey condominiums. Council initially tabled the rezoning so staff could arrange a meeting between the applicant and rate payers’ associations in the surrounding areato address concerns raised at the public hearing.At third reading, Council approved Section 39 conditions that were introduced to addressresidents’ concerns relative to traffic, screening, and prohibiting vehicular access onto Westbrook Ave and Garnett Road. Later on in 2010, Common Council approved amendments to the existing Section 39 conditions to increase the maximum number of buildings permitted on the property from three to four, with no increase to the number of units. In 2012, Common Council directed the City Solicitor to prepare an agreement between the City and North Star Holdings Ltd. respecting the construction of municipal infrastructure, including a sanitary lift station for the subject property and larger 26.1 hectare area.The lift station was built as a result of the agreement. Records of allCouncil decisions have been provided in Appendix A. ANALYSIS Proposal Page 4of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 The developer,048367 N.B.Ltd., proposes to construct a residential development of approximately126 unitsserved by private streets off Mountain View Drive.The attached Conceptual Layout Plan indicates a unit6 storeymultiple unitdwelling,an8 unitmultipleunit dwelling,and mixof townhouses.Thetownhouses willbe clustered around an open spacewith anetwork of trails,landscaped and waterfeatures, with a private stormwatersystemmanaged by astormwaterpond located to the northwest,connectingto the smallerfeature pond atthe centre ofthe openspace area. The developer proposes that the development be divided into two large parcels, dividing the 6 storey multiple unit dwellingfrom the remainder of site to potentially facilitate being incorporated into respective condominium entities. The developer is further interested in implementing controlled accessesonto the premises to prohibit non-resident vehicles from entering. Construction of the six storeymultiple unit dwellingwill constitute the first phase of the project, with the remainder of the buildingsshown on the Conceptual Layout Planbeing built out in a succeeding phasetwo. The Integrated Development (ID) zone has been requestedto provide flexibility with zoning and landscaping standards given the integrated nature of the development and its ownership. Site and Neighbourhood The subject property has been vacant since site preparations began in2008 as part of a previous proposal.The site has been partially preparedincludedclearing of land andgrading, with the Sonya Court cul-de-sac completedin 2015.Water and sewer mains were constructed along Sonya Court, but the street was never vested to the City and remains private property.A sanitary lift station was built to service the previous proposal and surrounding 26.1 hectare area. Traffic signals were installed at Mountain View Drive based on a traffic impact study completed in 2008. To the southof thesubject property is a 2,745 metre strip of Land for Public Purpose(LPP), which provides a buffer from residences along Westbrook Avenue. The LPP is forested and contains a small stormwater pond. Garnett Road runs to the east of the subject property. Two largely undeveloped parcels lie to the north of the property. The land is largely forested except for the parcel frontingMountain View Drive, which wasdisturbed as part of the previous proposal. The area tosouthwest of the site, while not the subject of this proposal, has also been acquired by the developer. This area is zoned Two-Unit Residential (R2) and remains subject to existing Section 39 conditions that require landscaping and fencing between Residents of Westbrook Avenue and a berm between the property at Highmeadow Drive. The subject property is serviced by public transit off Mountain View Drive, a collector street that is withineasy access of the McAllister arearegional commercial destination. PlaySJ, the City’s Recreational Plan, proposes Mountain View Drive as a future trail and bikeway route. In terms of infrastructure and connectivity, Mountain View Drive is lacking in basic facilities such as piped stormwater and sidewalks. Page 5 of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 Municipal Plan Under the Municipal Plan’s Schedule A: City Structure, the subject property lies within the Forrest Hills / Lakeside Suburban Intensification Area, which follows Mountain View Drive to Lynn Avenue and comprises a significant portion of undeveloped land in the Primary Development Area targeted for development. The proposal to amend the Municipal Plan’s Schedule B: Future Land Use Map would resdesignate the propertyfrom Low Density Residentialto Low to Medium Density Residential. This amendment is generally consistent with the policies and directions of the Municipal Plan to focus density within key growth areas in the City’s Primary Development Area. Building Height Policy LU-58 of the Municipal Plan limits buildings within the Low DensityResidential designation to a height not exceeding four storeys, unless permitted in a Neighbourhood Plan or Structure Plan.To ensure compatibility,building height of the proposal will be limited to the six storeys described in the Conceptual Layout and Site Context plans. The Site Context plan demonstrates how the profile of the multiple unit dwelling relatesto the nearest homes off Garnett Road. Increasingthe density per hectare The Low to Medium Density Residentialdesignationaims to achieve a residential density of between 35-90 units per net hectare in the area as a whole.The change in designation should have no effect on density to the subject propertyas aSection 59 condition is being proposed to limit the maximum numberof units to167.This level of density is recommended as it strikes a balance between consistency with the adjacent neighbourhood and with previous servicing/traffic studies, while providing flexibility for the applicant. Policy LU-4 of the Municipal Plan outlines the following criteria for Council to consider changing the designation of lands on the Future Land Use map (Schedule B) through a Municipal Plan Amendment: CriteriaStaff Comment The proposal is consistent with the goals of the Municipal a. Is consistent with the general intent of Plan and advances the City Structure in terms of degree of the Municipal Plan and further advances change and density. The property lies within a suburban the City Structure; intensification area, which sets considerable growth goals described below. The Municipal Plan targets 40% of new growth and b. Is necessary by virtue of a lack of supply development to be accommodated within suburban of quality land already designated in the intensification areas. Much of the growth to date has been Municipal Plan to accommodate the in Stable Residential Areas and not Suburban development; Intensification Areas, making this a keyarea for development in view of Municipal Plan policy. c. Enhances the community and the quality The proposal makes use of vacant land and an unoccupied of life offered to residents of the City;street. In addition to deterring unwanted activities and putting more “eyes on the street,” the proposal will offer an Page 6of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 increased number of housing options in the area. The site plan and landscaping plan indicate how the property will be beautified. These enhancements are expected to provide benefits to the wider neighbourhood. The proposal lies within the Primary Development Area and can make ready use of existing infrastructure both in terms d. Efficiently uses available infrastructure; of the by-product of a previously unfinished development andexisting neighbourhood and regional amenities such as transit. e. Does not negatively impact the use and It is anticipated that the development will have no negative enjoyment of adjacent lands andimpact on adjacent lands. There is a significant buffer of neighbourhoods;forested Land for Public Purposes between the subject propertyand properties to the south. f. Is an appropriate use within the land use designation being sought for the property, The proposal is suited for the Low to Medium Density and the proposal is consistent with the Residential designation, which permits a range of low to specific policies regulating development in higher density housing types as per Policy LU-51. the designation; and g. Adequately addresses and mitigates any There are no mapped watercourses or wetlands within the significant environmental impacts. subject property or its vicinity. Rezoning Policy LU-51 of the Municipal Plan enables higher density buildings in the Low to Medium Density Residential designationthrough a rezoning process. In reviewing this policy, staff found the proposal to be in compliance with the relevant policy criteria: Staff Comment Criteria a. Subject lands are adjacent to or in The subject property is within close proximity of Mountain View close proximity to collector or arterial Drive a collector street and is located on a transit route. streets and transit routes; b. Subject lands are located at the The property is located on the periphery of largely periphery of low density residential undeveloped lands and an existing low density residential neighbourhoods; neighbourhood. c. Subject lands are appropriately Theproperty is well suited for infill developed, with site designed for the area in which it is preparation already undertaken and City investment already located and is encouraged in suitable made, as per a prior proposal. sites for infill development; d. Subject lands are compatible with Adequate measures have been taken to ensure appropriate surrounding land uses; distance from existing development and buffering is in place. e. Sufficient on-site parking and green In accordance with the Conceptual Layout and Landscaping space is provided; Plans, there is ample on-site parking and green space to be provided; f. Site design features that address such Site design features will be completed in the detailed design. matters as safe access, buffering and The attached conceptual designs upon review do not raise any landscaping, site grading and concerns. All street and stormwater systems will be required to stormwater management are meet municipal standard. incorporated; and Page 7of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 g. An exterior building design of high The proposed development achieves all of the Municipal Plans quality is provided that is consistent with general objectives around Urban Design by providing the Urban Design Principles of the significant park and amenity space for future residents around Municipal Plan.the site. The proposalclusters the townhouseunits together and locates the multiple dwelling in a manner that buffers the impact of the taller building from the proposed townhouse units and adjacent neighbourhood. In addition, building entrances generally face the street and the proposed architectural design is of a high quality andcreates a unified design approach to the community and is of a mid-rise, human scale in terms of massing. Integrated Development (ID) Zone The Integrated Development (ID) zone has been sought to provide additional flexibilityand to be developed in a manner that is integrated in terms of landscaping, setbacks, and amenity requirements. A staff review was conducted of the Conceptual Layout and found that the proposal is well aligned with the standards within the High-Rise Residential (RH) and Low-Rise Residential (RL) zones, with issufficient shared amenity space concentrated in the rear yards of the properties. As part of Section 59 conditions, it is recommended that the current uses in the High-Rise Residential (RH) zone be permitted within the Integrated Development (ID) zone, along with “Part 9 –Uses Permitted In All Zones,”so to provide for minor changes of use without triggering a rezoning or Section 59 amendment process. Traffic Circulationand Connectivity In 2008, a traffic impact study was conducted by ADI Limited to determine existing problems as well as analyze a future development scenario for a 190 unit proposal on the subject property. As part of the findings of thereport, the City paid for and installed traffic signals and a traffic island at the corner of Mountain View Drive and McAllister Drive. Given the fewer number of units contemplated under this proposal, no traffic circulation issues are anticipated as a result. In terms of connectivity, staff proposethat the development provide a controlled access from the southeast portion of the site to Myles Drive for emergency vehicles and municipal operations only. Council’s policy under the Municipal Plan encourages overall improvement of connectivity of transportation systems. Policy TM-8states that Council shall “Endeavour to connect existing dead-end streets with new and existing streets toimprove the overall connectivity of the transportation system.” The Subdivision By-law Part 14(2) states that “Streets(both private and public) within a proposed Subdivision must connect to all Abutting Future Streets of any adjoining Subdivision.” In 2008, Council imposed a Section 39 condition that all access be oriented towards Mountain View Drive, as a result of concerns raised from area ratepayers’ associations (further detailed in Appendix A). Page 8of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 While connectivity of subdivisions are desirable for enhancing access and optimizing operations, it is recognized that given the private nature of the development it wouldbe inappropriate to require a vehicular connection. The emergency access has been reviewed by the Saint John Fire Department and the preference is that two access routes be provided (Myles Drive and Mountain View Drive) for fire apparatus staging purposes. The access would allow for utilization of a fire hydrant off Myles Drive. This access is being proposed on the basis of addressing residents’ concerns for vehicular circulationand providing for multiple approaches for emergency access vehicles for the purposes of enhancing public safety. The emergency access would be of benefit to the neighbourhood but is not a requirement. As such, staff propose the connection be implemented by a Section 59 condition imposed by Council with the rezoning of the land. Variances Subdivision By-law Under the Community Planning Act, it is the jurisdiction of the Planning Advisory Committee to consider authorizing access other than a public street. As the development is serviced entirely by private streets, this authorization is required. In addition to this, the following variances from private street parameters set out in the Subdivision By-law are required. With these variances, the proposal is still able to meet the intent of the Subdivision By-law. Section 14(8) of the Subdivision By-law limits the use of Private Streets to the following criteria: 1.The development is located in the Primary Development Area; 2.The proposed development consists of cluster townhouse dwellings; and 3.The proposed dwellings are serviced by Municipal Water, Sanitary Sewer and Storm Sewer. Access to Multiple Unit Dwelling The site is located in the Primary Development Area;however,the proposed private streets serve a multiple unit building in addition to the townhouse dwellings.The intent of this requirement was to specifically permitprivate streets for forms of residential development which provide a higher density form of development and an ownership structuresuch as a condominium association, which would fund and maintain the ongoing operation and maintenance of the private streets.In this case, the intent of the by-law is met through the provision of a higher density housing form in an urban area of the city. This is also justification for approval of the lot(s), block(s) or parcel(s) of land which do not abut a Public Street in accordance with Subsection 15(2) of the Subdivision By-law. Private Stormwater System Subsection 14(8)(b)(i) of the Subdivision By-law allows for Private Streets to be developed where Municipal Water, Municipal Sanitary Sewer and Municipal Storm Sewer is provided. This is also a requirement through subsection 22(1)(h)of the by-law requiring the provision of Municipal Storm Sewer infrastructure by the Developer. Page 9of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 Servicing for the proposed development includes Municipal Water and Municipal Sanitary Sewer that would be located within easements in the private streets with stormwater management being provided via a private system. The provision of the private system requires a variance from the requirements of subsections 14(8)(b)(i) and 22(1)(h) of the Subdivision By- law. Staff recommend approval of the variance as the design of storm water management within the proposed development, including the internal collectionsystem, will be subject to the review and approval of the City’s Chief City Engineer or Designate. While staff recommend the Committeeapprovethese variances, thevariances would only come into effect following approval of the rezoning by Common Council. Given this staff recommends a condition making the variances conditionalon the approval of the development by Common Council through the provision of Third Reading. Design of Private Streets Private streets are required to be designed to the city’sGeneral Specificationswhich provide for sidewalks, concrete curbings and roadway surfaces having asphalt paving to ensure emergency andvehicular trafficcan be accommodated.Theprivate street network may be owned and maintained by a private entitybut would be suitable for fire, emergency and municipal maintenance vehicles. In addition to the preliminary design details provided in the Conceptual Layout, the applicant has indicated design details of “Lamezia Lane”and“Via Calabria Street” (See Applicant Submission 7). Phase One of the proposal will consist of the full build out of the extension of “via Calabria Street” to provide for access to the six storey multiple dwelling. The remaining private street network will follow with the construction of asubsequent phase. Area Improvements As part of the application, the developer has requested a number of improvements to be made by the City that would contribute to the greater neighbourhood. These include the following: -Signage and landscaping of intersection of Mountain View Drive/McAllister Drive to identify the Forest Hills community; -Sidewalks and burial of power lines on Mountain View Drive on northern boundary of developer’s property beginning at Sonya Court; -Garbage collection -Drainage Issues near Myles Drive/Westbrook Avenue These requests are actively being considered by the Cityoutside of this application process, with certain items understood to be more immediate than others. Mountain View Drive is currently lacking any curbing/stormwater infrastructure, which greatly increases the cost of sidewalks. Generally, dwelling unitsover four units would be privately servicedfor garbage collection. Servicing and Local Government Service Easements A preliminary review of servicing has not yielded any concerns with respect to water/sewer capacity. It is recommended that Council assent to all necessary Local Government Service Easements as shown generally on the Conceptual Layout. These easements, to be finalized Page 10of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 through the submission of a tentative subdivision plan, would cover the private street network and provide access to municipally-owned infrastructure. Conclusion The proposal adds density to one the City’ssuburban intensification area. It representsan efficient use of land and existing infrastructureand supportsthe smart growth policies in the Municipal Plan.The proposalis anticipated to have a positive effect on the neighbourhoodby making use of vacant land. The proposal would add new residential density and a variety of housing forms in an intensification area which is in close proximity to transit, employment, and the McAllister Regional Retail Centre. On the basis of the proposal’s conformity with Municipal Plan policy and provisions set out in other City By-laws, staff recommend approvalof the proposal. ALTERNATIVESAND OTHER CONSIDERATIONS Alternatives No alternatives proposed. ENGAGEMENT Proponent th The applicant hosteda public meeting on February 19, 2019 at Threshold Ministries on Mountain View Drive to solicit feedback from residents in the area. The conceptual site plan was shared with members of the public and opportunities to discuss issues such as storm drainage/landscaping, traffic, and site servicing/land usewere provided.20 residents signed in to the meeting. Feedback from residents was solicited via comment cards, of which 14 were filled out. Residents were inapproval of the development; however, noted concern for any connection to Myles Driveandopposed the idea of a dog park being included in the conceptas a possible use of adjacent LPP. The dog park concept has since been retractedby the developer as a possibility. The emergency access connection to Myles Drive, which was suggested initially by the City for investigation, would be subject to acondition imposed by Council. Plan Amendment 30 day Period Following public presentation of the Municipal Plan Amendment, as required by the Community Planning Act, there was a 30 day period open to receive any objections. Seven letters from residents were received. While objections do not pertain directly to the Plan Amendment, they Page 11of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 offerinsight into neighbours’ concernsfor the overall development. These objections have been summarized in a table below with staff’s response. OppositionStaff Response Any connection from the development to Myles See Page 8. Drive –6 The developer has since retracted the dog park concept for LPP following a neighbourhood A dog park and any removal of greenspace at LPP meeting. Should any dog park be proposed in the that would increase sound pollution -2 future it would have to be vetted through the city, as the parcel is city-owned. ConcernsStaff Response Potential flooding and inability of stormwater Development will be required to deal with all system to meet weather events as a result of stormwater on-site as per Drainage By-law. development -3 Development will be required to meet the Light pollution from parking lotrequirements of the Zoning By-law regarding light trespass This topic is currently under discussion with Garbage removal does not result in unsightly piles Transportation and Environment Services. Section 59 conditions will remain in place for the Berms should remain in place on the rear yards of propertiesat 9 and 12 Westbrook Avenue related the homes between Westbrook Ave and Mountain to the landscaping and screening.(These PIDs are View Drive not subject to this application). Public In accordance with the Committee’s Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject propertyonMarch 15, 2019.The publichearing for the rezoning was advertised in the Public Notices section of the City websiteonMarch 18, 2019. SIGNATURES AND CONTACT Prepared: Andrew Reid,MCIP, RPP Planner Reviewed:Approved: Page 12of 13 Hughes Surveys & Consultants40 Mountain View DriveMarch 22, 2019 Kenneth Melanson, BA, RPP, MCIPJacqueline Hamilton, MURP, MCIP, RPP Manager, Community PlanningCommissioner Contact:Andrew Reid Phone:(506)658-4447 E-mail:andy.reid@saintjohn.ca Project:19-11, 19-12, 19, 13 APPENDIX Map1:Site Location Map2:Municipal Plan Map3:Zoning Map 4:Aerial Photography Map 5:Site Photography Applicant Submission1:Conceptual Layout Plan Applicant Submission 2: Context Plan Applicant Submission 3:Landscaping Plan (East) Applicant Submission 4:Landscaping Plan (West) Applicant Submission 5:Building Renderings Applicant Submission 6:Letter of Intent Appendix A:Decision History Appendix B: Letters Received During Public Presentation Period Page 13of 13 CRESCENTE LI L R A C (1)T374 (2)T195 (9)T8044 (3)T374 (16)P487 (19)P1955 (1)T3140 (1)T6789 (9)T1333 (1)T195 (1)T6789 (14)P1955 (1)T374 (6)T5065 (2)T3339 (14)T3338 (3)T3133 (1)T7511 (31)P1955 (1)T6789 (4)T1333 (3)T8289 (9)T4716 (1)T3140 (5)P1955 (10)T8044 (4)T7976 (4)T8389 (1)T3140 L (3)T374 (12)P1955 (18)P2015 (6)T8289 L (11)P1955(3)T3140 (8)T481 (1)T8389 (8)T481 (2)T3140 (22)P2015 Appendix A - Decision History On April 23, 2012, it was resolved that as recommended by the Committee of the Whole, having met on April 23, 2012, the City Solicitor be directed to prepare an appropriate agreement between the City and North Star Holdings Ltd. to articulate the responsibility of both parties with respect to the construction of municipal infrastructure related to the development of 40 Mountain View Drive comprising 5.6 hectares and that the Mayor and Common Clerk be authorized to execute said agreement reflective of the following terms and conditions: The City is to upfront all costs directly related to the sanitary lift station servicing the 26.1 hectare site, as identified in the City Manager's report to Committee of the Whole (Closed Session) dated June 17th, 2011. North Star Holdings Ltd. is to assume all responsibility for thecosts associated with storm water management infrastructure for the Project, as identified in City Manager's report to Committee of the Whole (Closed Session) dated June 17th, 2011. Provided that it is determined that the City has authority to impose anddoes, in fact, impose a levy to recover the costs incurred by the City with respect to the design and construction of the Sanitary Lift Station, such levy shall be calculated in accordance with the following formula: Total cost divided by area of drainagebasin equals levy per gross hectare developed. Notwithstanding the City's previous program of development financial incentives or any future development financial assistance programs, the parties agree that: o The City will pay a materials rebate to NorthStar Holdings Ltd. as per the practice in place on June 21, 2010 under the Subdivision By-law, as it then existed, for all eligible costs associated with the Project. o Residential Infrastructure Assistance ("RIA") costs will be paid by the City to North Star Holdings Ltd. in accordance with the practice in place on June 21, 2010 to a maximum of/not to exceed $50,000. o The City will forgive North Star Holdings Ltd. of paying any levy, if collected in the future, for the Project. o In return, North Star Holdings Ltd. will surrender any and all rights to any additional assistance from the City under any existing or future development financial assistance programs for the Project. Provided that it is determined that the City has authority to impose and does, in fact, impose a levy to recover the costs incurred by the City with respect to the design and construction of the Sanitary Lift Station, North Star Holdings Ltd. shall be obligated to pay such levy in respect of lands falling outside the bounds of the Project. North Star Holdings Ltd. will coordinate and execute all of the work required for the design and construction of the Sanitary Lift Station and the City will not assume ownership of the Sanitary Lift Station until the work is completed in a manner satisfactory to the Chief City Engineer or his designate. On January 18, 2010, it was resolved that Common Council amend the Section 39 conditions imposed on the September 15, 2008 rezoning of the property located at 40 Mountain View Drive, also identified as PID numbers 00313429 and 00426452, to read as follows: The development and use of the parcel of land rezoned to "RM -2" High Rise Multiple Residential, located on the north side of proposed Cooper Court (to be renamed), with an area of approximately 2.4 hectares, being proposed Lot 08-1, also identified as being portions of PID numbers 313429 and 426452, is subject to the following terms and conditions: The use of Lot 08-1 is limited to a maximum of four separate buildings containing a total maximum of 167 dwelling units and maximum height of four storeys, together with associated amenity areas and parking facilities; The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or hisdesignate, indicating the manner in which storm water collection and disposal will be handled; The developer must complete an engineering water and sewer analysis in order to determine the impact this development will have on the existing water and sewerinfrastructure and also to ensure that this proposal does not exceed current capacity of existing systems; The developer must provide a traffic study demonstrating that the existing street network can accommodate the volume of traffic anticipated as a result of the development, or appropriate infrastructure improvements be implemented at the expense of the developer to the satisfaction of the Chief City Engineer or his designate; The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; The developer must provide all utilities underground on the site; The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways and parking areas; The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; The approved plans mentioned in conditions (b) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; All vehicular access to Lot 08-01 shall be oriented exclusively toward Mountain View Drive and not toward Garnett Road On September 15, 2008, Common Council gave Third Reading to the rezoning with additional Section 39 conditions that were formulated to address concerns expressed by the ratepayers associations. On July 29, 2008 the Planning Advisory Committee considered an application to undertake a residential subdivision development consisting of two-family dwellings and multiple-unit condominium apartment buildings at 40 Mountain View Drive. This proposal required a rezoning from "RS -2" One and Two Family Suburban Residential to"RM -2" High Rise Multiple Residential and "R-2" One and Two Family Residential as well as approval of a dwelling group as a conditional use, subdivision and variances to increase the maximum permitted number of driveways onto the proposed Colter Street. Staff recommended approval of the proposed development with a number of conditions. The Planning Advisory Committee recommended approval of the rezoning with the conditions recommended by staff, but also included recommendations that all vehicular access to proposed Lot 08-1 be oriented exclusively toward Mountain View Drive rather than Garnett Road and that Third Reading be withheld until such time as a traffic study was completed. Due to concerns regarding the proposed streets and connection of the development to Westbrook Avenue and Garnett Road, the Committee recommended that Council not approve the proposed Forest Hills Estates Subdivision, Phase 4 Subdivision Plan. At the Public Hearing of August 5, 2008 Common Council tabled the proposed rezoning until August 18, 2008 so that staff could arrange a meeting between the applicant, North Star Holdings Ltd. represented by Bob Darling, and the two ratepayer's associations in the surrounding area. Staff facilitated a meeting with the ratepayer's associations and the developer on August 12, 2008 and a draft consensus emerged at the conclusion of the meeting. After meeting with their membership on August 14, 2008, the ratepayer's associations provided the Commissioner of Planning and Development with written acknowledgement of their agreement with the following consensus position: A revised developmentproposal will be provided showing the following: - No change to any of the zoning lines. - No connection from the proposed Colter Street to Garnett Road. - No connection from Westbrook Avenue to Mountain View Drive. - No connection from Myles Drive to Colter Street. - In place of the extension of Westbrook Avenue, a new street will extend from Colter Street south and then west to Mountain View Drive. The land frontingon this street will be rezoned to R2 with this proposal by the parties acknowledge the developer's intent to seek rezoning of this property to accommodate future townhouse development. - Colter Street will extend east from Mountain View Drive and terminate in a cul de sac east of the proposed development. - All other elements of the proposal are to be carried forward from the proposal originally submitted for rezoning including the specific construction proposed. The developer will provide the following buffering and landscaping: - Appropriate landscaping and/or wood fencing will be provided adjacent to lots 6 and 9 Westbrook Avenue (civic nos. 9 and 12). If fencing is provided, it will be located on the Westbrook Avenue properties and those property owners will be responsible for all maintenance and future capital costs. - The southern boundary of the subject property from Mountain View Drive to the southwestern corner of the property at 9 Westbrook Avenue (abutting the northern boundary of Scottish Enterprises Limited and Loch Lomond Holdings Limited) will be landscaped with an earthen berm and landscaping on top of the berm. - All landscaping and buffering plans shall be subject to the approval of the Development Officer of the City of Saint John. The parties acknowledge that the City of Saint John has not formally reviewed this revised proposal and it has not been referred to other agencies for comment. City staff will provide a professionalrecommendation to Council on the revised proposal after concluding this review which may or may not support the revised application. From:onestop To:Burgess, Aimee Subject:FW: 40 mountain road Date:March-14-19 4:16:59 PM Paula Hawkins One Stop Development Shop Permitting & Inspection Services th 10 floor Α City Hall Saint John, NB E2L 4L1 (506)658-2911 paula.hawkins@saintjohn.ca onestop@saintjohn.ca From: Valeen Aubin \[mailto:valeen18@hotmail.com\] Sent: March-14-19 2:31 PM To: onestop Subject: Re: 40 mountain road Sorry I forgot to include my name Thank you Valeen Aubin From: Valeen Aubin <valeen18@hotmail.com> Sent: March 14, 2019 2:25:51 PM To: onestop@saintjohn.ca Subject: 40 mountain road To whom it may concern, I am a resident of Garnett Road and can not make it to the meeting due to working night shift. I have a very big concern about this project we just moved here to Saint John back in May of last year. We came from the country and wanted to buy a house here in the city. We looked at a few different places and nothing fit until we seen this house here on 181 Garnet Road. We fell in love with how quiet it was how much it felt like you still lived in the country but had amazing city views. We plan on raising a family here because of the country feel and the convenience of living in the city, these apartment and townhouses would ruin everything, there would be no more privacy, no more amazing views at all, No More Country feel. I sure donot want to be out around my yard and looking into the backs of these apartment buildings/townhouses, that's not why I moved to Saint John, that is not why I bought this piece of property. This street is a very close-knit community I know when we first initially looked into buying this property we were told a long time ago that they tried to build on that land that is for sale and all of the neighbors got together and put a hold on it because we all know what this little tiny Road has to offer. I know about a month ago or so they were here digging giant test holes to test the soil I'm assuming it's the same company and I do not appreciate that they were digging on part of my land I even called the city to put in a complaint and they were going to look into it (and by the way I did not hear anything back). If they are getting away with things like this what are they going to do when and if they build here on this property. I went out and was even trying to talk to the people that were here working on my property they wouldn't even come near me so I told them to get off of my land which they did but they had no right to be on my land. I really hope these plansdo not go through I do not want to lose my little piece of heaven here in the city. We loveit here From:onestop To:Burgess, Aimee; Reid, Andy (Planning) Subject:FW: 40 Mountain rd development Date:March-27-19 9:41:22 AM This was an email that came in yesterday at 3pm Paula Hawkins One Stop Development Shop Permitting & Inspection Services th 10 ŅƌƚƚƩ Α /źƷǤ Iğƌƌ Saint John, NB E2L 4L1 (506)658-2911 paula.hawkins@saintjohn.ca onestop@saintjohn.ca From: Samantha Aubin \[mailto:samaubin2014@gmail.com\] Sent: March-26-19 3:06 PM To: onestop Subject: 40 Mountain rd development To whom it may concern, I am a resident of 181 Garnett Rd and can not make it to the meet tonight as planned. I do NOT approve the opposed build... My wife and I bought our home last May and we bought this property solely on the amazing city views and privacy we have... I do not want that view obstructed by a huge 6 story apartment building and town houses... There are so many more lots available in the city to build something this big that wouldn't obstruct any residents views., For one example, Consumers Drive... I am aware that this was tried before and was shut down and I have hopes that it again gets shut down tonight!!! Thank you for your time. Sincerely, Samantha Aubin /h…b/L\[ w9thw M&C No. 2019-81 Report Date March 29, 2019 Meeting Date April 08, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed amendments to the Zoning Bylaw to address Self-Storage Facilities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Mark Reade Jacqueline Hamilton John Collin RECOMMENDATION That Common Council adopt the following amended Staff recommendation which establishes self-storage facilities as a permitted use subject to standards in certain commercial zones and recommends approval of Section 59 amendments to enable the proposal for a self-storage facility at 175 Hilyard Place: 1. That Common Council amends subsection 11.4(1) of The City of Saint John Zoning By-law by adding the following to the list of permitted uses in the Business Park Commercial (CBP) Zone: -Self-Storage Facility, subject to paragraph 11.4(3)(f) 2. That Common Council amends subsection 11.4(3) of The City of Saint John Zoning By-law by adding the following: A lot containing a Self-Storage Facility permitted in subsection 11.4(1) shall not be located within 60 metres of an Urban Centre Residential (RC) zone. 3. That Common Council amends subsection 11.7(1) of The City of Saint John Zoning By-law by adding the following to the list of permitted uses in the General Commercial (CG) Zone: -Self- 4. That Common Council amends The City of Saint John Zoning By-law by deleting paragraph 6.1(k) and replacing it with the following: (k) Except as otherwise provided by this By-law, when outdoor storage or a self-storage facility is developed within 15 metres of - 2 - an abutting lot in a Residential zone, the outdoor storage or self- storage facility shall be screened in accordance with the following: (i) Excluding an opening no greater than 1.5 metres in width that is not oriented toward a street, coniferous trees or hedges, or any combination thereof, shall be planted and maintained in order to create a perimeter of vegetation having a minimum depth of 1.5 metres completely around the storage area or self-storage facility; (ii) The vegetation perimeter required by subparagraph (i) shall have a minimum height at the time of planting of two metres when located in a Residential zone or 2.5 metres when located in any other zone and be in accordance with paragraph 6.2(d); and (iii) Notwithstanding the above, the outdoor storage area may instead be enclosed in accordance with section 5.5, or by any combination of permitted landscaping, structures or berms. 5. That Common Council rescinds the Section 59 conditions imposed on the July 3, 1973 rezoning of the property located at 175 Hilyard Street, also identified as a portion of PID No. 55228118, and amended on October 28, 1991. 6. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcel of land having an area of approximately 1.84 hectares, located at 175 Hilyard Street, also identified as PID No. 55228118: a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. b) That the owner and/or successors shall enter into an agreement with the City to provide a Local Government Services Easement to cover existing City infrastructure located within the parcel. - 3 - EXECUTIVE SUMMARY During the March Planning Advisory Committee meeting, the Committee approved a recommendation to amend the original staff recommendation associated with application for 175 Hilyard Street to require self-storage facilities to be approved as a conditional use subject to the approval of the Committee, rather than as a permitted uses in certain commercial zones as had been recommended by staff. The purpose of this report is to provide a revised Staff Recommendation that addresses the concerns raised by the Planning Advisory Committee related to the South Central Peninsula, while ensuring a streamlined approach to approvals that reducing red tape and creates certainty for customers. PREVIOUS RESOLUTION On February 25, 2019 Common Council referred the planning application from Haldor (1972) Limited to establish a self-storage facility at 175 Hilyard Street to the Planning Advisory Committee for a report and recommendation. STRATEGIC ALIGNMENT It is in the interest of The City of Saint John to have a zoning framework that promotes a competitive business environment for investment. REPORT Haldor (1972) Limited has applied for a text amendment to the Zoning By-law and an amendment to the existing Section 59 conditions that relate to a portion of the Hilyard Place site to allow for the development of a self-storage facility. The facility would be within a portion of the existing Hilyard Place complex (Building D) and exterior to the building in the eastern portion of the site The Hilyard Place site is zoned Business Park Commercial (CBP) which does not permit a self-storage facility. The original recommendation contained in the Staff Report was to amend the Zoning By-law to include a self-storage facility as a permitted use in both the Business Park Commercial (CBP) and General Commercial (CG) zones through a text amendment to the Zoning By-law. The staff recommendation included amendments to the Zoning Bylaw to require additional landscaping where self- storage facilities abut residential areas. Specific to the 175 Hilyard Street site, a Section 59 condition was recommended by Staff requiring the preparation of a landscaping plan by the proponent for approval of the Development Officer in conjunction with the Building Permit application. This landscaping plan will ensure increased landscaping along the Main Street and Hilyard Street frontages. - 4 - Two letters were received expressing concerns with the proposal and an area resident appeared before the Committee expressing opposition to the proposed development on the Hilyard Place site. Concerns expressed by the resident at the meeting and in their correspondence to the Committee are summarized in Appendix A along with a commentary from Staff. These resident concerns largely relate to the visual impact of the external self- storage units, the proximity of other sites zoned Business Park Commercial (CBP) to the Uptown Core and conformity with the Municipal Plan with respect to the employment density. With respect to the concerns about the visual impact from area residential properties, staff advise that this is very challenging to regulate from a land use perspective. The focus of the recommended approach is rather to ensure that adequate buffering is provided from a street level perspective to address public views. In this particular case, owing to the topography, it is not possible to fully screen the views from the residential area along Harbour Terrace and Moore Street, which is at a higher elevation. opinion, the combined with the single storey height for the external self-storage units is a reasonable means to ensure the visual compatibility of the development in its context. In response to the concerns from the area residents and input from Planning Staff, the Committee recommended that a self-storage facility be instead made a conditional use in the Business Park Commercial (CBP) and General Commercial (CG) zones and not a permitted use. Conditional Uses are land uses which are subject to the approval of the Planning Advisory Committee. While Staff amendment to the staff recommendation, the conditional use approach, recommended by the Committee, can create uncertainty and unnecessary red tape for developments that otherwise conform to the recommended zoning standards. The -law was to limit the number of conditional uses as an effort to streamline the approvals process. This was achieved through taking a broader approach to permitted uses and by providing appropriate development standards in the by-law. This approach reduces red tape and provides a more predictive development environment for residents and the business community. As an alternative to the PAC recommendation, staff are recommending amendments to address the concerns raised by PAC (refer to recommendation 2 in the recommendation section of the report) which would see a self-storage facility added as a permitted use in the Business Park Commercial (CBP) and General Commercial (CG) zones with an additional spacing requirement to further mitigate the impacts of development on Business Park Commercial (CBP) zoned sites in proximity to the southern portion of the Central Peninsula. This includes a standard that requires self-storage facilities in the Business Park Commercial (CBP) to be located a minimum distance of 60 metres from a property having Urban Centre Residential (RC) zoning. This would limit the - 5 - potential to construct a self-storage facility within the Business Park Commercial (CBP) zoned properties along Lower Cover Loop and provide a level of control for areas identified for mixed-use intensification in the Municipal Plan. Staff note that impacts of the proposal are minimal as self-storage facilities are a less intensive use than warehousing, which is currently permitted as-of-right in the Business Park Commercial (CBP) zone. The external self-storage units which are proposed represent an interim use to generate a degree of financial return on a site during a time when economic conditions may not be able to support a standalone building such as an office or retail use. To summarize, the recommendation presented in this report for the development proposal for 175 Hilyard Street and related Zoning By-law amendments to regulate self-storage facilities is consistent with the policies and directions contained in the Municipal Plan and upholds the One Stop ds a customer-centric experience, including a reduction in red tape and enhanced consistency for customers. SERVICE AND FINANCIAL OUTCOMES Not Applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The original planning application was circulated to Infrastructure Development, Develop Saint John, Buildings and Technical Services and the Saint John Fire Department for review and comment. ATTACHMENTS Appendix A Key Resident Concerns and Staff Commentary - 6 - Appendix A Key Resident Concerns and Staff Commentary Resident Concern Staff Commentary Is this application consistent with the The Municipal Plan notes that development Employment Areas, Business Centres, and within Employment Areas will be at lower Primary Corridors provisions of the Municipal densities than other areas as these uses Plan? generally require more land area. The Plan envisions Business Centres as accommodating land uses which are more automobile dependent; require loading and storage space and/or a warehousing component or which require more site or floor area that can be accommodated in the Primary Centres. Self- storage facilities meet these criteria as these are an automobile oriented use not typically accessed by foot traffic and a form of warehousing requiring a larger floor area. Are the zoning amendments consistent with the The CBP zoning is found in a number of locations: Maritime Opportunity Centre on Municipal Plan for all CBP-zoned areas? Manawagonish Road, the Boars Head Road / Woodward Avenue area, along Lancaster Avenue, Technology Drive, Lower Cove Loop and Crown Street, the Mark Drive / Loch Lomond Road area and the former Loch Lomond Mall. All of these areas are considered automobile-oriented areas. While most of these areas are largely developed the amendments also propose increased landscaping for self- storage facilities abutting residential areas. Is the draft South Central Neighbourhood Plan The Draft Plan has yet to be adopted and as a released to the public consistent with the result is not legally binding. It contains no Municipal Plan? What is said regarding the specific land use recommendations for the subject site, specifically, and, generally, for Hilyard Place site only the broader goal of other CBP-zoned sites within the improving active transportation along the Main Street corridor through improvements in the Neighbourhood Plan area? right-of-way. With respect to areas on the periphery of the Central Peninsula, the draft Neighbourhood Plan proposes reinvestment and intensification of key sites including the former Sugar Refinery site, redevelopment of the Barrack Green Armouries and infill along Lower Cove Loop and Charlotte and Crown Streets as a long term direction. Most of the CBP zoned sites in these areas are currently developed with business and light industrial uses. Staff are recommending amendments to address the concerns raised by PAC (refer to recommendation 2 in the recommendation section of the report) which would include an additional spacing requirement to further mitigate the impacts of development on Business Park Commercial (CBP) zoned sites in proximity to the southern portion of the - 7 - Central Peninsula. Is self-storage considered to be high intensity? Self-storage is considered to be a low intensity Immediately adjacent to the most intense development. The proposal conforms to the development area of the City, the Uptown, does Municipal Plan by directing lower intensity this application represent the evolution of the development to areas designated Business hierarchy intended by the Municipal Plan? How Centre in the Plan. is the intended hierarchy met in CBP-zoned The Plan seeks to areas elsewhere through the City? communities through compact development, Does this application and the addition of self-context appropriate infill, and promoting infill storage areas throughout the CBP-zoned lands development on vacant and underused The proposal is considered to be context appropriate infill on an underutilized portion of the development site. reasonable interim project until such time that the ovnature of the development is more of a question municipal plan states that developments of land economics and market conditions. -term health of the urban While external self-storage units are proposed, these can represent an interim use to generate a the Municipal Plan or Zoning By-Law define degree of financial return on a site during a time when economic conditions may not be What provisions should be added to this able to support a standalone building such as an application to ensure it is only for the interim office or retail use. The potential for a larger and not the long term? redevelopment of the site in the future is not lost as the proposal only includes developing a portion of site (1320 sq.m.) with external units. The CBP Zone supports buildings up to 24m in The minimum number of stories is a variable height. Does this application and future self-standard with the 2 story minimum height storage applications support the notion of requirement intended for main buildings that contain a higher intensity or mix of uses such as an office building or a multi-tenant building. A Should the proposed building be 1-storey, is a one story building is appropriate at this location building 50% less than the minimum given the considered context-appropriate at this location? and Building D are one story structures.) Is a 1-storey building in CBP zones throughout the city considered context-appropriate to promote design excellence as part of the future city structure? Are self-storage uses considered to contain Self-storage is a use that has a lower level of employment than compared with other land addition of self-storage uses to this site affect uses such as office development. Business Centres are also areas envisioned to the Business Area designation? accommodate land uses which are more How does the addition of self-storage uses to automobile dependent, require loading and this site affect the Employment Area storage space and/or a warehousing component designation? or which require more site or floor area that can be accommodated in the Primary Centers. The How does staff correlate the rejection of self- self-storage facility conforms to this storage in other zones on the grounds of requirement. significant employment opportunities yet promote it on the subject site and all other CBP- the number of employees in the Zoning By-law. clear direction that these lands are also to The permitted uses in the CBP zone contain varying levels of employment intensity from higher (office, laboratory) to lower (personal - 8 - service, warehousing). Office buildings exist (three buildings which are two stories each) within the development which provide for a higher overall density of employment and level of activity that supports alternative transportation modes such as walking and cycling. The proposed approach of providing for self-storage facilities as a permitted use in the CBP zone provides for the Primary Centres (Uptown and UNBSJ/Hospital Plateau) to accommodate more intensive employment uses. The staff report does not, however, make T mention of residential properties immediately away from the portion of the site where the adjacent to the subject site or any specific self-storage units will be located and is considerations for them and, therefore, does not separated from the subject site by Main Street fully measure the impacts. The adjacent and City-owned land. While private views are residential properties are at a substantial not regulated or protected via the Zoning By- elevation (nearly 50 feet) above the subject law, the proposed single story buildings seek to property. The proposed screening will be minimize the impacts on the view shed given inconsequential to the impact that would be the lover elevation of the site with respect to the faced by these homeowners, particularly with surrounding properties and Main Street. respect to views and light spill. The existing view could be considered less than What measures should be added to sufficiently ideal now given a portion of the site is a gravel address noise, light, and visibility issues due to lot that will be occupied by a building should inadequate screening from adjacent residential the application be approved. The Zoning By- properties that are at high elevations? law requires that light cannot be directed off- site onto adjacent properties. If sufficient remedies are not available, should the development be permitted to proceed Noise issues would be regulated through the regardless? -law. What data do you have to support the Self-storage facilities are a compatible business conclusion that this application and the use and serve a market need to provide a proposed Zoning By-Law amendments will service both to businesses and residents in need create substantial job opportunities as outlined of temporary storage space. by the Municipal Plan for Business Centres, Employment Areas, and Primary Corridors? Date: To: From: For:Meeting ofTuesday,March 26, 2019 SUBJECT Applicant: Owner: Location: PID: Plan Designation: Existing Zoning: Application Type: Jurisdiction:Community Planning Act Monday,April 8, 2019 SUMMARY RECOMMENDATION Community Planning Act DECISION HISTORY ANALYSIS Proposal Site and Neighbourhood Municipal Plan CriteriaStaff Comments Zoning Past Approval LocationCurrent Zoning Considerations Section 59 Conditions Conclusion ALTERNATIVES AND OTHER CONSIDERATIONS Alternatives Other Considerations ENGAGEMENT Public SIGNATURES AND CONTACT Prepared: Reviewed:Approved: Contact: Phone: E-mail: Project: APPENDIX Site Location Municipal Plan Zoning Aerial Photography Site Photography Site Plan Floor Plan O OP R T L A N D S T O OP R T L A N D S T OP R T L A N D S T OP R T L A N D S T T S S D N O M I S March 20, 2019 Planning Advisory Committee: RE: Proposed Zoning By-Law Amendment and Section 59 Amendment 175 Hilyard Street. While applauding add financial value to the company business plan, as well as a wise business decision, most anyone would agree and find little objection to the proposal. Therefore I wish to be clear we do not but prefer to use this opportunity to offer another suggestion for the use of this property. May we suggest this property be turned into small green space with trees, shrubs, grass, pathways and a few benches? Simply put, turn this space into a beautiful public small park right in the middle of the commercial area of our city. Why do we make this suggestion? We already have a long warehouse located across the street from this proposal and a short distance beyond is the and proposing another us the wrong direction to develop our cityto parking wrecked and derelict automobiles on the front lawn of your home that results in a very negative impression on those travelling by. We are aware if the proposal offered by the company does not move ahead our city does lose much needed tax dollars, however we believe developing into a green space would produce positive benefits for the company and the city citizens of our beautiful city. This could be the catalyst needed to cause the other commercial property owners in this area rethink their situation John & Sylvia Watson 55 Moore Street, Saint John, NB E2K 5N1 657-3760 /h…b/L\[ w9thw M&C No. M&C 2019-75 Report Date April 02, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Weight Restriction By-Law Amendment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim Michael Hugenholtz John Collin RECOMMENDATION stnd Your City Manager recommends Common Council authorize 1 and 2 Readings -Law as attached to M&C 2019-75. EXECUTIVE SUMMARY -Law allows the City to mitigate the impact that heavy vehicles impose on City streets. One mechanism in this by-law that achieves this goal is a reduction in the axle loading of trucks on streets during the spring when roads are particularly susceptible to damage. PREVIOUS RESOLUTION N/A REPORT nearing completion. One of the contractors on this project, Irving Equipment Ltd., contacted City staff to advise they could not transport away a large crane used for the projec Restrictions By-Law. -Law reduces the maximum per-axle mass of various truck configurations to 80% of what is permitted in the Provincial Motor Vehicle Act during a Spring Weight Restrictions period on most City streets. In - 2 - southern New Brunswick, Spring Weight Restrictions started this year on March 11 and is expected to continue until May 12 (weather dependent). The by-law exempts some City streets from this reduced axle mass limit during the Spring Weight Restriction period. Streets exempt include some arterial and collector streets and/or those that provide access to major industrial sites. Several streets that Irving Equipment Ltd. would need to use to remove the crane from the site are subject to the 80% reduced mass limits. These include King Square South, Sydney Street from King Square South to Union, and Union Street from Sydney Street to Crown Street. These streets would need to be temporarily exempt from the by-law to permit the crane to be removed before the Spring Weight Restriction period ends. The attached by-law amendment would facilitate this. Given that -Law is to mitigate damage to City roadway and underground infrastructure, staff would facilitate additional measures to manage such risk in this case if Common Council is supportive of the recommended by-law change: The exemption would be in place for a specific and short period of time, A pre and post infrastructure condition assessment would be required by a third party Professional Engineer to identify if any damage is transport operation, An agreement would be in place to ensure Irving Equipment Ltd. would be r transport operation, and A Saint John Police Force escort would accompany the transport operation. City staff intend to return to Common Council at its April 22, 2019 Council rd meeting to seek approval to execute the agreement referenced above with 3 Reading of the by-law amendment. Staff note however there remains a risk that damage to roadway and particularly underground infrastructure attributable to the operation may not be identifable between the pre and post condition assessments. The additional length of time Irving Equipment Ltd. would need to wait to move the crane when the Spring Weight Restriction period ends without the amendment being approved (1-2 weeks) could be perceived as short. Irving Equipment Ltd. advised City staff that between the value of the crane, security risk, lost revenue and additional expenditure (including replacement rental), this period of time is significant to their organization. There is also a risk the Spring Weight Restriction period could extend beyond May 12. - 3 - STRATEGIC ALIGNMENT Recommended in 2018 as part of Phase 2 of MoveSJ Transportation Plan) was development of an Overweight/Oversize Load permitting system. The intent of this permitting system is to continue to seek a balance between supporting growth, including construction projects and industrial/heavy commercial operations, with the degree of City taxpayer subsidization of roadway infrastructure impacted by trucks that supports that growth. A more streamlined approach to addressing requested variances to the e process described in this report that also ensures protection of City infrastructure is one outcome of this MoveSJ recommended scope of work. Development of Overweight/Oversize Load permitting system will need to be l Sustainability and Work Plans. SERVICE AND FINANCIAL OUTCOMES With the exception of City staff time invested to administer this process, this report is not expected to generate taxpayer expenses. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Weight Restriction By-Law Amendment. Services Department provided input. ATTACHMENTS Amendment to City of Saint John Weight Restrictions By-Law BY-LAW NUMBER MV-17 ARRÊTÉ Nº MV-17 A LAW TO AMEND A BY-LAW ARRÊTÉ CONCERNANT LES RESPECTING WEIGHT RESTRICTIONS LIMITATIONS DE POIDS DANS WITHIN THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN ENACTED UNDER THE AUTHORITY ÉDICTÉ EN VERTU DU OF SECTION 262(1) OF THE MOTOR PARAGRAPHE 262(1) DE LA LOI SUR VEHICLE ACT LES VÉHICULES À MOTEUR Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-Law of The City of Saint John Par les présentes, lhe City of A By-Law Respecting Weight Saint John intitulé « Arrêté concernant les Restrictions Within The City of Saint John Enacted limitations de poids dans the city of Saint John Under The Authority of Section 262(1) of The édicté en vertu du paragraphe 262(1) de la loi sur th Motor Vehicle Act5 day of April, les véhicules à moteur », édicté le 5 avril 2004, est A.D. 2004, is hereby amended as follows: modifié comme suit : 1 Schedule A is amended by adding the 1 following words under the following headings: mots suivants sous les titres suivants : Connection Routes Routes de raccordement King Square South between Charlotte Street carré King Sud entre rue Charlotte et rue and Sydney Street only between April 27, Sydney entre le 27 avril 2019 et le 28 avril 2019 and April 28, 2019, inclusive, and 2019, inclusivement, et entre le 4 mai between May 4, 2019 and May 5, 2019, 2019 et le 5 mai 2019, inclusivement inclusive Sydney Street between King Square South rue Sydney entre carré King Sud et rue and Union Street only between April 27, Union entre le 27 avril 2019 et le 28 avril 2019 and April 28, 2019, inclusive, and 2019, inclusivement, et entre le 4 mai between May 4, 2019 and May 5, 2019, 2019 et le 5 mai 2019, inclusivement inclusive Union Street between Sydney Street and rue Union entre rue Sydney et rue Crown Crown Street only between April 27, 2019 entre le 27 avril 2019 et le 28 avril 2019, and between April 28, 2019, inclusive, and inclusivement, et entre le 4 mai 2019 et le May 4, 2019 and May 5, 2019, inclusive 5 mai 2019, inclusivement IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le présent arrêté City to be affixed to this by-law the _____ day le ____________ 2019, avec les signatures _________, A.D. 2019 and signed by: suivantes : _________________________________________ Mayor/Maire _________________________________________ Common Clerk / Greffière communale First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - Received Date April 02, 2019 Meeting Date April 08, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Amendment to Parking ByLaw Background: There have been a growing number of complaints by citizens that larger cube vans are parking on urban streets for extended periods of time both during business hours and over weekends. In many cases the vehicle is registered to an address in another municipality. This impacts the ability to effectively remove snow and sweep streets in the spring. As an example, there is a great green space along Beaverbrook Ave but it is hidden for weeks by a large yellow cube vehicle. Neighbors are asking council to fix this situation by amending the bylaw to disallow extended storage parking of commercial vehicles. Motion: Refer to City Manager to amend the parking bylaw to allow the parking commissioners and city police powers to ticket and/or tow commercial vehicles that are parking on city streets for extended amounts of time. Respectfully Submitted, (Received via email) Donna Reardon, Councillor Ward 3 John MacKenzie, Councillor Ward 2 City of Saint John {ğźƓƷ WƚŷƓ Population Growth Estimates /h…b/L\[ w9thw M&C No. 2019-72 Report Date March 29, 2019 Meeting Date April 08, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019 Asphalt Pavements Work OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz / John Collin Brian Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY Asphalt maintenance, surface repairs and new road construction are primary concerns of citizens and a priority of Common Council. This report updates Council on asphalt pavements work and associated funding allocated for Saint John roadways in 2019. PREVIOUS RESOLUTION November 5, 2018; 2019 Water & Sewerage Utility Fund Operating Program Approved. July 30, 2018; 2019 General Fund Capital Program Approved. December 18, 2018; 2019 General Fund Operating Program Approved. - 2 - STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. REPORT The following funding allocations have been provided for maintenance and resurfacing of asphalt pavements under the General Fund Capital and Operating budgets, and under the Water and Sewerage Operating budget for utility cut reinstatements: Asphalt Material (General Fund) $ 750,000 Asphalt Resurfacing (General Fund) $ 1,265,000 Asphalt Resurfacing (Capital Fund) $ 5,100,000 Utility Cut Reinstatements (W&S Fund) $ 740,000 Saint John Water has a requirement for the reinstatement of over 140 utility cuts resulting from water and/or sewer repairs undertaken during the past winter season with an overall average of 400 utility cuts requiring reinstatement each year. This is a planned expenditure with the funding for utility cut reinstatements included above. In 2019 the utility cut reinstatements will be carried out by Transportation & Environment Services crews on behalf of SJ Water. In addition, substantial internal resources (personnel and equipment) are programmed in the General Fund for the in-house asphalt maintenance and repairs. Longer-term preventative maintenance is multi-faceted and includes resurfacing, crack sealing, and some local area patching; all with the goal of extending service life of roadways. Resurfacing using contractor resources is planned for 34 street sections (45.60 lane kilometers) as shown in Appendix A. Notable in relation to this work are the adjustment of over 648 roadway structures (e.g. catch basins, manholes) in conjunction with the actual asphalt resurfacing. The $5,100,000 of funding under the Capital Program that has been provided includes provision for the replacement of existing curb and sidewalk in conjunction with the Asphalt Resurfacing Program on a number of street sections as identified in Appendix A. Existing curb and sidewalk will be replaced on sections of Balmoral Crescent, Dexter Drive, Hill Heights Road, Mark Drive, Ocean Drive and Swanton Street among others. It is the intention of City staff to make full use of the budget surplus identified in M&C 2019-78 (Contract No. 2019-16 Asphalt Resurfacing 2019) by adding additional streets to the 2019 asphalt resurfacing contract with the payment to be made at the approved contract unit prices. A few weeks time is required for Staff to identify additional streets, make site visits and prepare quantity - 3 - estimates. Staff will report back to Council with a proposed list of additional streets for asphalt resurfacing and for approval to increase the amount of contract 2019-16 accordingly. Hot mix asphalt material is generally not available until late April each year. There are currently 142 Lane Kilometres of streets that are in the Reconstruction Category. General maintenance and repair work by City forces is planned for some of these street sections in 2019 but eventually these 142 Lane Kilometres of streets will need to undergo a full Reconstruction. Under the General Fund Capital Program, the following streets will be given new asphalt surfaces through reconstruction in 2019: Chipman Hill (King Street to Union Street) Mecklenburg Street (Wentworth Street to Sydney Street) Metcalf Street (Main Street to Lansdowne Avenue) Queen Square North (Charlotte Street to Sydney Street) Wentworth Street (Union Street to Elliot Row) Pavement Condition Index (PCI) The City utilizes MicroPAVER measure that requires a visual inspection process to evaluate and rate pavement condition. The PCI is a numerical index between 0 and 100. The resulting composite PCI summarizes the structural integrity and surface condition of each street section and predicts future maintenance and rehabilitation needs. Deterioration Curve Asphalt Pavements The overall average PCI at the end of construction season in 2018 for City of Saint John streets was about 77. Based on funding allocated for 2019, the overall average PCI is projected to remain at about 77. - 4 - SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS APPENDIX - Resurfacing Street List for 2019 City of Saint John Transportation Department Contract No.:2014 - 8 Project Manager:Rod Mahaney Engineer: Project Description:Asphalt Resurfacing 2014 Technicians:Rodney Mahaney Council's Approval to award contract: Date M & C approved Contractor's Name:Who won bid? Contractor's H.S.T. Number: Important Dates Advertisement sent upstairs 1 wk prior to insertion in newspaper When Tender Closes: When Tender Awarded: Number of Days in Contract: Contract to be Completed By: YesYesYesYesYesYesYesYesYesYesYesYesYes Sidewalk YesYesYesYesYesYesYesYesYesYesYesYesYesYesYes Curb Includes Traffic Circle 0.260.280.440.570.280.591.771.360.291.780.951.110.530.740.460.754.080.970.762.302.181.080.431.270.320.780.860.530.361.893.111.450.53 10.54 Lane Klms To Dead EndDead EndCivic # 356EndDead EndWhitetail LaneCivic # 102St. John StreetDead EndLoch Lomond RoadCommerce DriveGreendale CrescentDuke Street WestDead EndSydney StreetDead EndWestgate DriveMichael CrescentNason RoadFay StreetDead EndWhitetail LaneMcAllister DriveDead EndBeach RoadYork StreetSherwood DriveUnion StreetSimpson DriveCivic # 49Sandy Point RoadMcAllister PlaceMarket PlaceCedarwood Drive Limits From Appendix A - 2019 Asphalt Resurfacing List Various LocationsDouglas AvenueBalmoral CrescentRussel Hill DriveMount Pleasant Avenue EastTudor LaneCedarwood DriveWoodward AvenueDuke Street WestWoodhaven DriveConsumers DriveMall EntranceMcAvour Drive Winslow AvenueMillidge AvenueCharlotte StreetOcean DriveFairville BoulevardMartha AvenueMark DriveRed Head RoadKing William RoadCedarwood DriveMcLean StreetCivic #282Kennebecasis DriveChamplain Drive Champlain Drive King Square SouthRothesay AvenueHill Heights RoadVarsity StreetConsumers DriveLancaster StreetBoars Head Road Street Area PatchingAlexandra StreetBalmoral CourtBalmoral CrescentBellevue StreetBirch Grove TerraceBirchdale Crescent Cedarwood DriveCity LineClovelly DriveCommerce DriveConsumers DriveDexter Drive Lancaster StreetHill Heights RoadKing Square SouthLucas StreetManawagonish RoadMark DriveMartha AvenueOcean DriveOcean WestwayRivershore DriveRothesay AvenueSaint Clair AvenueSandy Point RoadSilver CrescentSwanton StreetSydney StreetTim StreetTudor LaneUniversity AvenueWestmorland RoadWinslow StreetWoodward Avenue April 2019 2019 Asphalt Maintenance Program Transportation & Environment Services April 11th, 2019 Fleet Update /h…b/L\[ w9thw M&C No. 2019-087 Report Date April 08, 2019 Meeting Date April 08, 2019 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Spring Freshet Emergency Response OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Josh Hennessy Kevin Clifford John Collin RECOMMENDATION It is recommended that Common Council adopt the following resolution: w9{h\[95 that the Mayor and Common Clerk adopt the Spring Freshet Emergency Response Policy. EXECUTIVE SUMMARY The purpose of the Spring Freshet Emergency Response Policy for the City of Saint John is to define the parameters that would initiate an emergency response to flood water conditions during the annual Saint John River spring freshet and the resources and services the city would provide. PREVIOUS RESOLUTION The City of Saint John currently does not have a policy regarding response to annual flooding associated with the Saint John River spring freshet. STRATEGIC ALIGNMENT This policy aligns with priority for a Vibrant, Safe City, specifically as it relates to ensuring the delivery of public safety services including communications. - 2 - SERVICE AND FINANCIAL OUTCOMES The adoption of the Spring Freshet Emergency Response Policy will reduce the negative impact on the City of Saint John as a result of spring freshet flooding. The policy will minimize the disruption to service levels to residents that would have been exposed in the past. The Policy establishes customer service levels activation for varying flood heights. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS - Transportation and Environment Services, City of Saint John - GIS Services, City of Saint John ATTACHMENTS Spring Freshet Emergency Response Policy Spring Freshet Emergency Response Presentation Subject: Spring Freshet Emergency Response Category: Policy Policy No.: M&C Report No.: Effective Date: Next Review Date: (3 years) Area(s) this policy applies to: City of Saint John Office Responsible for review of this Policy: Saint employees; excludes elected officials, as well as John Emergency Management Organization members of agencies, boards, and commissions that manage their own devices. Related Instruments: Policy Sponsor: Director of Saint John Emergency Management Organization Document Pages: This document consists of 6 pages. Revision History: Common Clerk's Annotation for Official Record I certify that the Spring Freshet Emergency Response Policy was adopted by resolution of Common Council on Month-Day-Year. I certify that the Spring Freshet Emergency Response Policy was approved by the City Manager on Month-day-Year ________________________ ______________________ Common Clerk Date Contact: Mike Carr, Manager Saint John EMO/Division Chief Saint John Fire Department Telephone: (506) 721-3834 Email: mike.carr@saintjohn.ca TABLE OF CONTENTS 1. POLICY STATEMENT ..................................................................................................................... 3 2. SCOPE ........................................................................................................................................... 3 3. LEGISLATION AND STANDARDS ................................................................................................... 3 4. ROLES AND RESPONSIBILITIES ..................................................................................................... 3 5. MONITOR AND REVIEW ............................................................................................................... 4 6. IMPLEMENTATION ....................................................................................................................... 5 7. AUTHORIZATION .......................................................................................................................... 5 8. RESOURCES .................................................................................................................................. 5 9. PROCEDURES ................................................................................................................................ 5 10. GLOSSARY ................................................................................................................................... 5 11. INQUIRIES ................................................................................................................................... 6 12. APPENDIX ................................................................................................................................... 6 2 1. POLICY STATEMENT The purpose of the Spring Freshet Emergency Response Policy parameters that would initiate an emergency response to flood water conditions during the annual Saint John River spring freshet and the resources and services the city would provide. 2. SCOPE The Policy applies to an emergency response to the annual Saint John River spring freshet. The Policy does not apply to localized flooding within the City during severe weather events. The 2018 flood in Saint John during the spring freshet mobilized an unprecedented distribution and use of City resources. The Policy sets out conditions that would trigger an emergency response and the deployment of City resources. Emergency management responsibilities in Canada are shared by Federal, Provincial, and Territorial (FPT) governments and their partners, including Indigenous peoples, municipalities/communities and individual citizens who have a responsibility to be prepared for disasters and contribute to community resiliency. There is no statutory requirement for the City to provide resources, nor prevent a property from flooding. However, the City will assist with the prevention of property flooding by making available sandbags to individual property owners within the City when the spring freshet flood emergency response level is met. 3. LEGISLATION AND STANDARDS The following legislation and plans apply to the Policy: a) Emergency Management Framework of Canada: Third Edition b) Emergency Measures Act of the Province of New Brunswick c) Municipalities Act of the Province of New Brunswick d) Saint John Emergency Measures By-law e) Saint John Municipal Emergency Response Plan 4. ROLES AND RESPONSIBILITIES Flood levels along the Saint John River during the spring freshet vary annually based on many environmental factors. Most years the impact is minimal, and an emergency response is not required as those living in flood-prone areas experience regular flooding annually, and therefore mitigation becomes a routine or habitual operation. However, during severe floods, such as the floods of 1973 (5.31 m); 2008 (5.2 m); and 2018 (5.76 m), emergency response was warranted requiring the Saint John Emergency Management Organization (SJEMO) to activate and allocate resources as necessary. Of these three relatively recent severe flood events in Saint John, 2008 was the lowest flood level to trigger 3 an emergency response. Therefore, the 2008 flood level will be used as the trigger for flood emergency response moving forward. Enhanced response for this flood level or higher will help mitigate the potential impacts on critical infrastructure and residential property. To ensure the City has sufficient lead time for preparations, flood levels in the City of Fredericton region will be monitored for projected 2008 flood conditions in Saint John. Furthermore, at any time when it is projected by New Brunswick Emergency Measures Organization (NBEMO) that flood levels will reach emergency flood status; SJEMO will activate to Level 3 (Full Activation), and flood emergency response actions will begin. SJEMO will use the following table as a guideline for responding to specific flood levels that occur during the annual spring freshet. Table 1 Flood Activation Levels and the Resulting Actions Based on Saint John River Flood Levels in Metres Projected Flood Levels Actions Lead Agency (metres)* Pre-flood Flood preparedness messaging Communications Resource inventory and preparation TES (staffing and equipment) Confirm reception centre availability ESS Stakeholder engagement SJEMO 4.2 m SJEMO Level 1 Activation Enhanced SJEMO Regular flood level Monitoring Implement flood communication Communications messaging 4.7 m SJEMO Level 2 Activation Partial SJEMO Activation Provide assistance on a case by case basis if an emergency exists. >5.2 m SJEMO Level 3 Full Activation SJEMO Cƌƚƚķ 9ƒĻƩŭĻƓĭǤ wĻƭƦƚƓƭĻ Implement a flood emergency TES \[ĻǝĻƌ response including the establishment of sandbag distribution centres. Post-Flood Damage assessment SJEMO Implement the Flood Recovery Plan *Flood response levels are based on 2008 flood levels in Saint John, which include critical infrastructure impacts and effects on residential properties. 5. MONITOR AND REVIEW The Policy shall be reviewed every three (3) years by the Saint John Emergency Management Organization, or should changes or circumstances warrant. 4 6. IMPLEMENTATION City resources committed to this type of emergency response will be determined through our normal emergency management processes. During Spring Freshet Emergency Response Filled sandbags will be made available at distribution centres for pick up free of charge. City resources will not be used for delivery to specific locations. The number and location of distribution centres will depend on the situation. The City will maintain the capacity to establish up to three centres. During Spring Freshet Emergency Recovery The City will assist in the removal of flood debris including sandbags. Separate instructions would be provided with clear direction on requirements for property owners to separate debris by type and place roadside. City resources will not operate on private property. 7. AUTHORIZATION The Spring Freshet Emergency Response Policy Document is authorized under the authority of the City Manager, on the recommendation by the Director of the Saint John Emergency Management Organization. 8. RESOURCES Resources reviewed for the development of the Policy included: Province of New Brunswick Historic Water Levels City of Fredericton Flood Playbook 2018 9. PROCEDURES SJEMO will activate to the appropriate level of flood response according to projected flood levels. Standard operating procedures for sandbag distribution centres shall be developed as appropriate by Transportation and Environment Services. Flood-related messaging will be disseminated according to current standard operating procedures by the Communications Department. 10. GLOSSARY a) Emergency Response: To act immediately before, during, or after an emergency to manage its consequences and to minimize suffering and losses associated with the event. 5 b) Flood Emergency Response: To act immediately before, during, or after a flood to manage its consequences and to minimize suffering and losses associated with flooding. c) Flood Recovery Plan: A plan intended to repair, restore and improve on conditions to an acceptable level through measures taken after a flood. d) Federal, Provincial and Territorial (FPT): Government bodies that are responsible for the Emergency Management Framework in Canada e) Level 1 Activation (Enhanced Monitoring): Continuous monitoring by all SJEMO members of an emergency situation that may require immediate municipal assistance. f) Level 2 Activation (Partial Activation): Once notified, selected SJEMO members may be called in to assist in supporting ongoing efforts towards an emergency. g) Level 3 Activation (Full Activation): All SJEMO members are to report to the EOC to provide direction, coordination, communication, and support during emergency operations. h) Localized Flooding: Describes situations where intense rainfall is expected to cause high run-off volumes in small catchments or in localized areas with minimal impact. i) Saint John Emergency Management Organization (SJEMO): An Emergency Management Organization specific to Saint John, New Brunswick that has been instituted to create and implement a municipal all-hazard emergency management plan to mitigate hazards, prepare the community, and govern response and recovery activities within the boundaries of the City of Saint John as well as when providing mutual aid to neighbouring communities. j) Spring Freshet: A spring thaw resulting from snow and ice melt in rivers located in the northern latitudes of North America. k) The City: The City used in reference to represent the City of Saint John in New Brunswick, Canada. 11. INQUIRIES Inquiries about the Spring Freshet Emergency Response Policy may be directed to the Director of Saint John Emergency Management Organization. 12. APPENDIX Non-applicable 6 Ǥ ĭ ź ƌ ƚ t Ļ ƭ Ɠ ƚ Ʀ ƭ April 8, 2019 Ļ w Ǥ ĭ Ɠ Ļ ŭ Ʃ Ļ ƒ 9 Ʒ Ļ ŷ ƭ Ļ Ʃ C ŭ Ɠ ź Ʃ Ʀ { Subject: Rotary Club of Saint John Presents ARTHUR IRVING & GLEN COOKE - Request to City of Saint John Friday, March 22, 2019 Common Clerk's Office, City Hall P. O. Box 1971 Saint John, N. B. E2L 4L1 commonclerk@saintjohn.ca 506 658-2862 Dear Common Council, th The Rotary Club of Saint John is looking forward to its annual Gala on Friday May 24 at the Delta Brunswick and we will be honouring two prominent Saint John Business People with our highest recognition of #ServiceAboveSelf, the Paul Harris Fellowship to Mr. Arthur Irving and Glen Cooke. Funds raised at this event go toward our two major causes: At-risk-youth and isolated seniors. I have attached the sponsorship page above and I am wondering if the City of Saint John would be interested in: a) Purchasing a table or tickets to the event b) Being an event sponsor I realize timing is short, but would it be possible for you to apply for funding to cover a silver $1500 sponsor level? This would give you 2 tickets to the event and recognize the City in the program, at the event, and on our website and face book. Tickets are $150 each with a tax receipt. A table of 8 is $1000. Thank you for the opportunity to be seen as an outstanding community supporter to improve the lives of others. I look forward to hearing from you! Thanks, {ğƌƌǤ /ǒƒƒźƓŭƭ Direct:foundation@rocmaura.comCell:(506) 651-1968 Email: rotarysaintjohn@gmail.com Visit: www.sjrotary.ca www.rotary.org www.facebook.com/rotarysaintjohn www.twitter.com/SaintJohnRotary GALA SPONSORSHIP OPPORTUNITIES SPONSORSHIP LEVELS RotaryÈs highest recognition of ÅService Above SelfÆ is the Paul Harris Fellowship. Each year the Rotary Title Sponsor: $ 10,000 Benefits: Club of Saint John recognizes citizens and 2 Tables (16 guests) at Gala Event & Dinner professionals whom have demonstrated the ideals Title Sponsorship in all print and radio of Rotary. These people have taken action to improve advertising Recognition in Program and on Screens at event the lives of others. Recognition in Social Media and on Sponsorship enables you to position your company as an outstanding Rotary Website Opportunity to address attendees corporate citizen. You are supporting a sustainable and a well run charity and do so with a community of decision makers and Platinum Sponsors: $ 5,000 Benefits: influencers. Rotary events attract successful business people and 1 Table (8 guests) at Gala Event & Dinner professionals as well as media. Platinum Sponsorship in all print and radio advertising Why Rotary? Recognition in Program and on Screens at event Rotary is the worldÈs original service club. With over 30,000 clubs Recognition in Social Media and on and 1 million membersÈ worldwide, Rotary accomplishes what other Rotary Website Opportunity to thank the guest speaker charities cannot. Rotary is 99.5 % of the way complete in our goal to eradicate Polio Gold Sponsors: $ 2,500 Benefits: from the globe. Rotary is the only NGO with a permanent seat at 4 Tickets to Gala Event & Dinner Sponsorship mention in all print and radio the UN. advertising The Rotary Club of Saint John is dedicated to improving the lives of Recognition in Program and on Screens at event Recognition in Social Media and on the cityÈs at-risk youth and seniors. Funds raised from this event will Rotary Website be used to support Rotary causes: The Boys & Girls Club, The SJ Rotary Boys Choir, The Teen Resource Centre, and Camp Rotary (where the Silver Sponsors: $ 1,500 Benefits: club sends disabled children each year for an unforgettable escape 2 Tickets to Gala Event & Dinner Recognition in Program and on Screens at event and a chance to have just plain fun). Recognition in Social Media and on Rotary Website Friends of Rotary: $ 500 Benefits: 1 ticket at Gala Event & Dinner to our community Recognition in Program and on Screens at event Kit Payne payn.kit@bellaliant.net (506) 849-4070 | Lisa Keenan lak@brentonkean.com (506) 632-8999 Corey Childs corey.childs@nb.aibn.com (506) 635-1491 | Mike Schulze mcdsaintjohn@aol.com (506) 634-2712 www.sjrotary.ca | www.rotary.org | rotarysaintjohn@gmail.com | RotarySaintJohn | saintjohnrotary