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2020-07-06_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, July 6, 2020 5:30 pm Meeting Conducted by Electronic Participation Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of June 11, 2020 6 - 8 2.2 Minutes of June 15, 2020 9-17 2.3 Minutes of June 22, 2020 18-36 2.4 Minutes of June 29, 2020 37-42 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Contract 2020-13: Millidgeville VWVrF PLC Upgrades (Recommendation in 43-45 Report) 5.2 Letter of Offer - Youth Employment Fund - Province of New Brunswick 46-49 (Recommendation in Report) 5.3 Non -Disclosure Agreement for Telus (Recommendation in Report) 50-56 5.4 Lighting Upgrades — Market Square & Peel Plaza Parking Garage 57-60 (Recommendation in Report) 5.5 Climate Change Vulnerability Assessment & City Market Energy Upgrades 61-71 Grant Agreements Extension (Recommendation in Report) 5.6 Appointment of Hunter Reicker Badge No. 9973, Canadian Corps of 72-72 Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.7 Fleet Replacement Procurement — June 2020 (Recommendation in Report) 73-75 5.8 Contract 2020-20: Union Street (Civic #107 to Civic #117) — Storm Sewer 76-78 Installation (Recommendation in Report) 5.9 Saint John Water - 2019 Annual Water Report (Recommendation in Report) 79-90 5.10 Subdivision (Money -in -Lieu of Land for Public Purposes) - 1726 Manawagonish 91-102 Road (Recommendation in Report) 5.11 Money in -lieu of Land for Public Purposes - 340 Gault Road (Recommendation 103-114 in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Section 59 Amendment - 1739 Grandview Avenue with Planning 115-151 Advisory Committee report recommending amendment 9.2 Proposed Sec 59 Amendment - 134 Taylor Avenue with Planning Advisory 152-209 Committee report recommending amendment and Staff Presentation 9.3 Proposed Zoning Bylaw Amendment - 913 Latimore Lake Road with Planning 210-260 Advisory Committee report recommending approval with Staff Presentation (1st and 2nd Reading) 10. Consideration of By-laws 10.1 Amendment to Bylaw respecting Fees for Fire Protection Services in The City 261 -274 of Saint John (3rd Reading) 10.2 Amendment to the Saint John Parking By-law re: 15 Minute Parking (3rd 275-277 Reading) 11. Submissions by Council Members 11.1 To Help End Systemic Racism we must make Racial Discrimination a 278-292 Punishable Offence (Mayor Darling) K 12. Business Matters - Municipal Officers 12.1 Sustainability Update (Verbal) 12.2 Resource Levels and Implications on Service Levels - COVID-19 (Deferred from June 22, 2020) 12.3 Urban Development Incentive Grant Agreements 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Premier Higgs re Greater Saint John Economic Development Model (Recommendation: Receive for Information) 15.2 Uptown Saint John Letter re Business Resiliency During the Pandemic (Recommendation: Receive for Information) 15.3 ME Carpenter: 2018 Municipal Transportation Plan (Recommendation: Receive for Information) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended Appointments to Committees 18. Adjournment K3 293-300 301 -383 384-385 386-386 387-387 388-388 NOTICE: THE CITY IS COMMITTED TO TAKING IMPORTANT STEPS IN REDUCING THE SPREAD OF COVID- 19. THE PUBLIC, INCLUDING THE MEDIA, IS NOT PERMITTED TO ATTEND IN PERSON. THE MEETING IS AVAILABLE BY LIVESTREAMING ON YOUTUBE. ACCESS TO THE LIVESTREAMING OF THE MEETING IS AVAILABLE ON THE CITY'S WEBSITE. The public may view a live stream of the meeting on the City's website: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live AVIS: LA VILLE S'EST ENGAGEE A PRENDRE DES MESURES IMPORTANTES POUR REDUIRE LA PROPAGATION DE COVID-19. LE PUBLIC Y COMPRIS LES MEDIAS NEST PAS AUTORISE A ASSISTER EN PERSONNE. LA REUNION EST DISPONIBLE EN DIRECT SUR YOUTUBE. L'ACCES AU LIVESTREAMING DE LA REUNION EST DISPONIBLE SUR LE SITE DE LA VILLE. Le public peut voir une diffusion en direct de la reunion sur le site Web de la Ville: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 5:00 p.m., Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Nominating Committee 68(1)(b) 1 Ville de Saint John Seance du conseil communal Lundi 6 juillet 2020 17h30 Reunion tenue grace a la participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 17 h Reunion tenue grace a la participation electronique 1.1 Approbation du proces-verbal 68(1) 1.2 Comite de selection 68(1)b) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 11 juin 2020 2.2 Proces-verbal du 15 juin 2020 2.3 Proces-verbal du 22 juin 2020 2.4 Proces-verbal du 29 juin 2020 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 2 5.1 Contrat 2020-13 : Mise a niveau PLC de I'usine de traitement des eaux usees de Millidgeville (recommandation dans le rapport) 5.2 Lettre d'offre — Fonds d'emploi pour les jeunes — Province du Nouveau - Brunswick (recommandation dans le rapport) 5.3 Entente de non-divulgation pour Telus (recommandation dans le rapport) 5.4 Amelioration de I'eclairage — Garage de stationnement Market Square et Peel Plaza (recommandation dans Ie rapport) 5.5 Evaluation de la vulnerabilite aux changements climatiques et prolongation des ententes de subvention pour I'amelioration de I'alimentation en electricite du Marche municipal (recommandation dans le rapport) 5.6 Nomination de Hunter Reicker, badge n° 9973 du Corps canadien des commission naires, a titre d'agent d'application des reglements (recommandation dans le rapport) 5.7 Approvisionnement pour le remplacement du parc de vehicules — juin 2020 (recommandation dans le rapport) 5.8 Contrat 2020-20 : rue Union (n° 107 a 117) — Installation d'un egout pluvial (recommandation dans le rapport) 5.9 Subdivision (compensation pecuniaire pour des terres utilisees a des fins publiques) —1726, chemin Manawagonish (recommandation dans le rapport) 5.10 Compensation pecuniaire pour des terres utilisees a des fins publiques — 340, chemin Gault (recommandation dans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques —18 h 30 9.1 Modification proposee a I'article 59 —1739, avenue Grandview avec rapport du Comite consultatif d'urbanisme recommandant une modification 9.2 Modification proposee a I'article 59 —134, avenue Taylor avec rapport du Comite consultatif d'urbanisme recommandant la modification et presentation du personnel K3 9.3 Modification proposee au reglement de zonage — 931, route du lac Latimore, avec rapport du Comite consultatif d'urbanisme recommandant I'approbation avec presentation du personnel (1re et 2e lectures) 10. Etude des arretes municipaux 10.1 Modification du reglement concernant les droits pour les services de protection contre les incendies dans la ville de Saint John (3e lecture) 10.2 Modification au reglement sur le stationnement de Saint John concernant le stationnement de 15 minutes (3e lecture) 11. Interventions des membres du conseil 11.1 Pour aider a mettre fin au racisme systemique, nous devons faire de la discrimination raciale une infraction punissable (maire Darling) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour sur la durabilite (verbale) 12.2 Niveaux de ressources et repercussions sur les niveaux de service — COVID-19 (reporte du 22 juin 2020) 12.3 Ententes de subventions d'encouragement au developpement urbain 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Lettre du premier ministre Higgs au sujet du modele de developpement economique du Grand Saint John (recommandation : recevoir pour information) 15.2 Lettre sur le centre-ville de Saint John au sujet de la resilience des entreprises pendant la pandemie (recommandation : recevoir pour information) 15.3 M.E. Carpenter : Plan de transport municipal 2018 (recommandation recevoir pour information) 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Nominations recommandees aux comites CI 18. Levee de la seance COMMON COUNCIL/ CONSEIL COMMUNAL June11, 2020 / le 11 juin 2020 IL 110[1]11 R=3a;toVA4LTA 1IIIII1►[e] COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 11, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Council Members present attended by video conference Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Donna Reardon Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: All staff present attended by video conference City Manager J. Collin Commissioner Finance and Treasurer K. Fudge Deputy Commissioner Administrative Services I. Fogan City Solicitor J. Nugent Fire Chief K. Clifford Commissioner SJ Water B. McGovern Commissioner Transportation & Environment M. Hugenholtz Commissioner Growth & Community Development J. Hamilton Director Human Resource S. Hossack Common Clerk J. Taylor Administrative Officer R. Evans C.1 COMMON COUNCIL/ CONSEIL COMMUNAL June11, 2020 / le 11 juin 2020 To conform with the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The Common Clerk conducted roll call of the Council Members to determine quorum; all Members of Council were noted in attendance. To provide transparency and access to the public live streaming of the meeting is made available on the City's YouTube platform. Rogers TV also provides live streaming of the Council meeting for the public. 1. Call to Order 1.1 Tentative Agreement between The City of Saint John and CUPE Local 18 (Outside Workers Commissioner McGovern gave a brief overview of the agreement and the key points highlighted in the submitted report. Councillor Merrithew stated that he will not support the motion as he does not feel that this agreement gives the City enough flexibility with a minimum staffing number still in place; he also feels that the "signing bonus" is too large. Moved by Councillor Armstrong, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-153: Tentative Agreement between The City of Saint John and CUPE Local 18 (Outside Workers), Committee of the Whole recommends Common Council: 1. Ratify the tentative agreement between the City of Saint John and CUPE Local 18, and that; 2. After a final review by the City Solicitor as to legality and form, authorize the Mayor and the Common Clerk to execute the proposed Working Agreement on behalf of the City of Saint John. 3. Adopt the revised Human Resources Policy, "Voluntary Separation Program", as included herein. 4. Authorize the City Manager to use up to $1,283,285 from the Operating Reserve Fund to support the one-time cost associated with the restructuring of the Local 18 (Outside Workers). 5. Keep all information presented confidential until ratified by the Union and subsequently addressed by Council in open session. MOTION CARRIED with Councillors Casey and Merrithew voting nay. 2 r51 COMMON COUNCIL/ CONSEIL COMMUNAL June11, 2020 / le 11 juin 2020 18. Adjournment Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on June 11, 2020 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:47 p.m. E:3 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 1► 11►101111000111000101w_1I'M LTA III isI1►10 COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 15, 2020 AT 6:15 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: Acting Mayor /Deputy Mayor Shirley McAlary attending by video conference Councillor Ward 1 Blake Armstrong attending by video conference Councillor Ward 2 Sean Casey attending by video conference Councillor Ward 2 John MacKenzie attending by video conference Councillor Ward 3 David Hickey attending by video conference Councillor Ward 3 Donna Reardon attending by video conference Councillor Ward 4 David Merrithew attending by video conference Absent: Mayor Don Darling Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 4 Ray Strowbridge Also Present: Commissioner Transportation and Environment M. Hugenholtz attending by video conference Commissioner Saint John Water B. McGovern attending by video conference Deputy Commissioner Growth and Community Development attending by video conference Common Clerk J. Taylor attending by video conference Administrative Officer R. Evans Deputy Common Clerk P. Anglin attending by video conference COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The Common Clerk conducted roll call of the Council Members to determine quorum; the Mayor and Councillors Sullivan, Norton and Strowbridge were noted absent. To provide transparency and access to the public live streaming of the meeting is made available on the City's YouTube platform. Rogers TV also provides live streaming of the Council meeting for the public. The Deputy Mayor commented that the meeting has been scheduled on the alternate Monday from Regular Council meetings to allow adequate time for the public hearings. All members of the public wishing to present at the public hearings were required to register with the Common Clerk. 1. Call to Order 2. Approval of Minutes 3. Approval of Agenda Moved by Councillor Hickey, seconded by Councillor Reardon: RESOLVED that the agenda of this meeting be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 6. Members Comments 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM The Deputy Mayor called a brief recess to wait for the 6:30 p.m. scheduled commencement of the public hearings. At 6:30 p.m. the Deputy Mayor reconvened the meeting. 9.1 Proposed Section 59 Amendment with PAC report recommending amendment and Staff Presentation —10-36 Arlington Crescent 2 ito] COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 Deputy Commissioner P. Ouellette introduced the section 59 amendment to the development plan located in Millidgeville at Arlington Crescent. Planner A. Reid described the proposed 5 storey 89 unit apartment building development. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 59 amendment amending the Section 59 conditions imposed on the 28th of April, 2008, located at 10-36 Arlington Crescent and surrounding area, also identified as PID Nos. 55197594, 55197602, 55197610, 55197628, 55197636, 55197644, 55197651, 55197669, 55197677, 55197685, 55197693,55197701; 55190201, 55197719, 55197727, 55197735, 55197743, 55197750, 55197768, 55197776, 55197909, 55197917, 55197925, 55197933, 55197941, 55197958, 55197966, 55197974, 55197982, 55197990, 55198063, 55198071, 55198089, 55198097, 55212088, 55212096, 55212104, 55212112, and 55219349, to amend existing Section 39 conditions to enable the construction of a multiple dwelling unit at 10-36 Arlington Crescent as requested by 048367 N.B. Inc. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its May 20, 2020 meeting at which the Committee recommended the amendment of the existing Section 59 conditions described above. The Deputy Mayor noted that there were no registered applicants to speak against the proposed amendments. The Deputy Mayor called for registered members of the public to speak in favour of the proposed amendments with John Rocca the developer presenting in favour and Brian Irving Develop Saint John presenting in favour. Moved by Councillor MacKenzie, seconded by Councillor Hickey: RESOLVED that: WHEREAS Common Council of the City of Saint John on the 28th day of April, 2008 adopted a resolution pursuant to s. 39 of the Community Planning Act, c. C-12 R.S.N.B. 1973 (the "Act"), imposing terms and conditions upon the development of land identified at the time by PID No. 55165781, 55173918 and 55159925 (the "Lands"); and WHEREAS the aforesaid resolution anticipated both commercial and residential development of the Lands; and WHEREAS only a portion of the Lands have been developed in accordance with the April 28, 2008 resolution; and 3 11 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 WHEREAS a proposal for the development of a part of the yet undeveloped portion has been submitted to the City; and WHEREAS accommodation of the proposal referred to in the immediately preceding recital will require amendment of the April 28, 2008 resolution; NOW THEREFORE BE IT RESOLVED THAT the resolution adopted by Common Council of The City of Saint John, pursuant to s. 39 of the Act, on the 28th day of April, 2008 with respect to land identified therein by PID 55165781 is hereby amended, pursuant to the provisions of Section 59 of the Community Planning Act, SNB 2017, c. 19: By adding the following: "c) the area of land known as Civic No. 10-36 Arlington Court currently identified by PID Nos. 5197594, 55197602, 55197610, 55197628, 55197636, 55197644, 55197651, 55197669, 55197677, 55197685, 55197693 and 55197701 and comprising approximately 5,119 square metres (which area forms part of the Lands subject to the Common Council resolution of April 28, 2008) shall be subject to the following conditions: i. The land shall be developed to a maximum of 89 residential units unless the developer has first obtained the City's written opinion that its municipal infrastructure including, but without limiting the generality of the foregoing, storm and sanitary services as well as water services, has adequate capacity to accommodate a stipulated number of additional residential units.- ii. nits; ii. That the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and iii. That the above elevation and site plans be attached to the permit application for the development of the parcel of land. d) any and all development of the area of land currently identified by PID Nos. 55190201, 55197719, 55197727, 55197735, 55197743, 55197750, 55197768, 55197776, 55197909, 55197917, 55197925, 55197933, 55197941, 55197958, 55197966, 55197974, 55197982, 55197990, 55198063, 55198071, 55198089, 55198097, 55212088, 55212096, 55212104, 55212112 and 55219349 is subject to the condition that prior to the commencement of any such development, the developer must obtain the City's written opinion that its municipal infrastructure including, but without limiting the generality of the foregoing, storm and sanitary services as well as water service, has adequate capacity to accommodate such proposed development." [! 12 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 MOTION CARRIED. 9.2 Proposed Municipal Plan and Zoning Bylaw Amendment with PAC recommending approval and Staff Presentation — 251-361 Riverview Drive Deputy Commissioner P. Ouellette introduced the townhouse -unit development located on the West side in the City's PDA. Senior Planner M. Reade described the rezoning and Municipal Plan amendment to develop 3 buildings with 11 townhouse -units on Riverview Drive. Responding to question on whether there are any environmental impacts of the development's proximity to the river, Mr. Reade commented that the provincial Department of the Environment said following building construction practices are sufficient and an Environmental Impact Assessment is not required; and the land along this part of the River comprises of steep bedrock conditions. Responding to question, whether a cliff is being created close to the road, Mr. Reade commented the grading plan will be gradual. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re -zoning amendments of a parcel of land located at 251-361 Riverview Drive to: (a) Re -designate on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 2734 square metres, located at 251-361 Riverview Drive, also identified as portions of PID Nos. 55226054, 00415992, 55147540, 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), and an undeveloped portion of Algonquin Place, from Park and Natural Area to Stable Area; (b) Re -designate, on Schedule B of the Plan, the same parcel of land, from Park and Natural Area to Stable Residential; (c) Rezoning a parcel of land having an area of approximately 2594 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 00415992, 00393975, and 55147540, from Two -Unit Residential (R2) to Low -Rise Residential (RL); (d) Rezoning a parcel of land having an area of approximately 675 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 55226047, and 55226054 from Park (P) to Low -Rise Residential (RL); (e) Rezoning a parcel of land having an area of approximately 1345 square metres, located at 251-361 Riverview Drive, also identified as an undeveloped portion of Algonquin Place and a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), from being unzoned to Low -Rise Residential (RL). Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its May 20, 2020 meeting at which the Committee recommended approval as set out in the staff recommendation, 1:1 13 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 to re -zone a parcel of land located at 251-361 Riverview Drive as described above with Section 59 conditions. The Deputy Mayor noted that there were no members of the public registered to speak against the development. The Deputy Mayor called for registered members of the public to speak in favour of the re -zoning with the following presenting in favour: Rick Turner Hughes Surveys and Consultants, Bill Shannon the developer and Brian Irving Develop Saint John. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 2734 square metres, located at 251-361 Riverview Drive also identified as portions of PID Nos. 55226054, 00415992, 55147540, 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), and a portion of Algonquin Place and, from Park and Natural Area to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Area to Stable Residential classification, be read a first time. MOTION CARRIED with Councillor Casey voting nay. Read a first time by title, the by-law entitled "A Law to Amend The Municipal Plan By - Law." Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 2734 square metres, located at 251-361 Riverview Drive also identified as portions of PID Nos. 55226054, 00415992, 55147540, 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), and a portion of Algonquin Place and, from Park and Natural Area to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Area to Stable Residential classification, be read a second time. MOTION CARRIED with Councillor Casey voting nay. Read a second time by title, the by-law entitled "A Law to Amend The Municipal Plan By - Law." Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2594 square metres located at t'd 14 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 251-361 Riverview Drive, also identified as PID Nos. 00415992, 00393975, and 55147540, from Two -Unit Residential (R2) to Low -Rise Residential (RL); amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 675 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 55226047, and 55226054 from Park (P) to Low -Rise Residential (RL); and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning parcels of land having an area of approximately 1345 square metres, located at 251-361 Riverview Drive, also identified as an undeveloped portion of Algonquin Place and a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), from being unzoned to Low -Rise Residential (RL), be read a first time. MOTION CARRIED with Councillor Casey voting nay. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Merrithew, seconded by Councillor Mackenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2594 square metres located at 251-361 Riverview Drive, also identified as PID Nos. 00415992, 00393975, and 55147540, from Two -Unit Residential (R2) to Low -Rise Residential (RL); amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 675 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 55226047, and 55226054 from Park (P) to Low -Rise Residential (RL); and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning parcels of land having an area of approximately 1345 square metres, located at 251-361 Riverview Drive, also identified as an undeveloped portion of Algonquin Place and a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), from being unzoned to Low -Rise Residential (RL), be read a second time. MOTION CARRIED with Councillor Casey voting nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of Bylaws 10.1 Zoning Bylaw Amendment with Section 59 Conditions — 191 Red Head Road Moved by Councillor MacKenzie, seconded by Councillor Hickey: VA 15 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 RESOLVED that the by-law entitled, "By -Law Number C.P. 111-90 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 6,574 square metres, located at 191 Red Head Road, also identified as being PID No. 00344929, from Rural Residential (RR) to Rural General Commercial (CRG), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-90 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act impose the following condition upon the development and use of the parcel of land having an area of approximately 6574 square metres, located at 191 Red Head Road, also identified as PID Number 00344929: (a) The parcel of land will be restricted to the following uses as identified in the Rural General Commercial (CRG) Zone of the City of Saint John Zoning By-law: • An artist or craftsperson studio; • Bed and breakfast; • Dwelling unit, subject to paragraph 11.11(3)(b) of the Zoning Bylaw; • Home occupation, subject to section 9.9 of the Zoning By-law; • Secondary suite, subject to section 9.13 of the Zoning By-law; • Supportive housing, subject to section 9.14 of the Zoning By-law; • Vehicles sales, incidental, with a maximum of five vehicles on the lot at any one time; (b) Only one of the above land uses mentioned in 2(a) can be established on the site, in addition to a residential dwelling, at any one time. MOTION CARRIED. Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-90 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 6,574 square metres, located at 191 Red Head Road, also identified as being PID No. 00344929, from Rural Residential (RR) to Rural General Commercial (CRG), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-90 A Law to 8 COMMON COUNCIL / CONSEIL COMMUNAL June 15, 2020 / le 15 juin 2020 Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Hickey, seconded by Councillor Merrithew: RESOLVED that the meeting of Common Council held on June 15, 2020 be adjourned. MOTION CARRIED. The Deputy Mayor declared the meeting adjourned at 7:06 p.m. 17 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 1► IILI[ 1111IF.=00411w_1:M► 1IIIisI1►[e COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 22, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Members of Council present attended by video conference 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 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: All staff participated by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Finance K. Fudge Commissioner Growth & Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Deputy Commissioner Saint John Water K. Mason B. McGovern Common Clerk J. Taylor attending by video conference Administrative Assistant R. Evans Deputy Common Clerk P. Anglin iF:3 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; all were noted in attendance with the exception of Councillor Norton who advised he be late joining the meeting. To ensure access to the public and transparency of the meeting, livestreaming on the City's YouTube feed is provided. Rogers TV also provides live streaming of the Council meeting to the public. 1. Call to Order 2. Approval of Minutes 2.1 Minutes of June 8, 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council held on June 8, 2020, be approved. MOTION CARRIED. Councillor Norton joined the meeting. 3. Approval of Agenda Moved by Deputy, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items: 17.1- General Counsel Selection Committee 17.2-2 d Amendment to Summer Arena License MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2020- 158: Memorial Baseball Field Score Board Donation, Common Council approves the following: 1. That the report be received for information, and 2. That Common Council endorse His Worship sending a letter of thanks to Sandra and Arthur Irving on behalf of Common Council. 2 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 5.2 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: Alex Gass, Badge No.9972. 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. 5.3 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: Kayo) Hope, Badge No.9971. 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. 5.4 That as recommended by the City Manager in the submitted report M&C2020- 164: Proposed Public Hearing Dates — Zoning By-law Amendment Lots 12-5 to Lots 12-12 Nadiana Way and 30 Nadiana Way, 20 Bundy Lane, 1020 Rothesay Rd, and 85 Peacocks Lane, Common Council approve the following: 1. Schedule the public hearings for the rezoning applications for Heron Enterprises Inc. (1020 Rothesay Road), and The Joshua Group (85 Peacocks Lane) for Tuesday August 4, 2020 at 6:30 p.m. to occur via web conference, 2. Schedule the public hearings for the rezoning applications of The City of Saint John (Zoning By-law amendments and associated rezonings for Nadiana Way), and Stephen Thorne (20 Bundy Lane) for Monday August 10, 2020 at 6:30 p.m. to occur via web conference, and 3. Refer these applications to the Planning Advisory Committee for a report and recommendation. 5.5 Referred for discussion as item 14.1 M&C 2020-147: 2020 Spring Project Contributions from LPP Trust Fund. 5.6 That as recommended by the City Manager in the submitted report M&C 2020- 163: Loyalist Plaza Beer Garden, the City enter into a Licence agreement with Murphy Hospitality Group/Gahan Saint John Inc. to grant its agents, employees, partners access 3 Q91 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 to and use the City owned property, identified as being portions of PID No.'s 18614, 55221881 and 55027809 generally as shown on the attached map for a Licensed Beer Garden, and further removal of same, subject to the following terms and conditions: 1. This Licence shall begin July 1, 2020 and end September 30, 2020 (the "Term") 2. The Licensee shall pay to the Licensor for the permission and license herein given the sum of Three Thousand, Seven Hundred and Fifty Dollars ($3,750.00) (Canadian dollars) exclusive of HST payable in three (3) equal installments of One Thousand Two Hundred and Fifty Dollars ($1,250.00) (Canadian dollars) each payable on the 1st day of each and every month from and including July 2020 to and including September 2020. 3. The Licensor shall provide electrical power to the Licensee and the cost for such to the Licensee shall be Two Hundred ($200.00) per month payable on the same dates as that when rent is due noted above as per item two (2) above. 4. The Licensor authorizes the Licensee to make any such application, including that required for a Liquor Licence or to permit the use of the Beer Garden on City property. 5. The Licence may be terminated at any time by either party with either party giving a minimum of fifteen (15) days written notice to terminate. 6. Notice to the parties shall be by email; in the case of the Licensor, to commonclerk@saintjohn.ca; in the case of the Licensee, Murphy Hospitality Group/Gahan Saint John Inc., to ben.tsang@gahan.ca. 7. Notwithstanding anything else herein contained, this Licence may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence. 8. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 9. The Licensee hereby covenant and agree with the Licensor as follows: a) that they shall only use the Licensed Area for the location and operation of the Beer Garden for the sale of liquor products; b) that they shall pay for all connection and operational costs associated with water and drainage for the Beer Garden and for the disconnection of same upon completion of the Term; c) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 1:00 a.m. daily; CI 21 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 d) that they shall comply with all applicable Liquor License Inspection Agency and other applicable regulations and legislation; e) that they are responsible for providing security of the area and their property; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the Beer Garden neat and tidy at all times and clean up daily in the immediate area surrounding the Beer Garden Unit. Clean up shall include the disposal of any/all debris associated with the Beer Garden within a 40 foot diameter of the License; h) that they 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 i) that they shall, on or before July 1, 2020, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph (h) hereof. 10. That the Mayor and Common Clerk be authorized to execute the Licence Agreement. 5.7 That as recommended by the City Manager in the submitted report M&C 2020- 161: Amendment to Patio Licence for Market Square, Common Council approve the following: 1. That the City amend the Licence agreement with The Hardman Group Limited as per a resolution of Council dated June 18, 2018 (M & C#2018-186), as follows: that notwithstanding any other provision contained in this agreement, that for the remainder of the term of this contract the outdoor patios may occupy the entire width of what is commonly known as Pat Rocca Way, as illustrated on an attached map; and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. G7 WA COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 5.8 That as recommended by the City Manager in the submitted report M&C 2020- 157: Purchase and Sale Agreement for Portion of Civic #35 Main Street West, Common Council approve the following: 1. The City of Saint John acquire from The Bank of Nova Scotia, the Freehold interest in a portion of lands bearing PID # 32433, for $11,000.00 plus HST upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M&C #2020-157; and 2. The Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction 5.9 That as recommended by the City Manager in the submitted report M&C 2020- 165: Fort Latour Development: 1. Council approve the amended agreement with Fort Latour Development Authority (FLDA) as attached to this report, and 2. That the Mayor and Common Clerk be authorized to execute the said agreement. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of item 5.5 that is referred for discussion as item 14.1, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John —Algonquin Place (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop up and close a portion of Algonquin Place, by adding thereto Section 3 immediately after Section 2 thereof, with no objections received. rd W COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 The Clerk advised that due to the COVID-19 Mandatory Order on social distancing the Public Hearing Notice also required those interested to participate in the Public Hearing to register with the Office of the Common Clerk. The Mayor advised that there was no correspondence received or registrations to present for or against the proposed amendments. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", regarding Algonquin Place by adding thereto Section 3 immediately after Section 2 thereof, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", regarding Algonquin Place by adding thereto Section 3 immediately after Section 2 thereof, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John." 10. Consideration of Bylaws 10.1 Municipal Plan Amendment & Zoning ByLaw Amendment with Section 59 Conditions — 251-361 Riverview Drive Ord Reading) Mayor Darling and Councillors Sullivan, Norton and Strowbridge withdrew from the meeting not having attended 151 and 2nd reading of the bylaw. Deputy Mayor McAlary assumed the chair. Moved by Councillor Reardon, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-23 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 2734 square metres, located at 251-361 Riverview Drive also identified as portions of PID Nos. 55226054, 00415992, 55147540, 55206411 VA 0&1 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 (an undeveloped portion of the New Brunswick Route 1 right-of-way), and a portion of Algonquin Place and, from Park and Natural Area to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Area to Stable Residential classification, be read. MOTION CARRIED with Councillor Casey voting nay. The by-law entitled, "By -Law Number C.P. 106-23 A Law to Amend the Municipal Plan By -Law", was read in its entirety. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-23 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 2734 square metres, located at 251-361 Riverview Drive also identified as portions of PID Nos. 55226054, 00415992, 55147540, 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), and a portion of Algonquin Place and, from Park and Natural Area to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Park and Natural Area to Stable Residential classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Casey voting nay. Read a third time by title, the by-law entitled, "By -Law Number C.P. 106-23 A Law to Amend the Municipal Plan By -Law." Moved by Councillor Reardon, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-91 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 2594 square metres located at 251-361 Riverview Drive, also identified as PID Nos. 00415992, 00393975, and 55147540, from Two -Unit Residential (R2) to Low -Rise Residential (RL); amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 675 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 55226047, and 55226054 from Park (P) to Low -Rise Residential (RL); and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning parcels of land having an area of approximately 1345 square metres, located at 251-361 Riverview Drive, also identified as an undeveloped portion of Algonquin Place and a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), from being unzoned to Low -Rise Residential (RL), be read. MOTION CARRIED with Councillor Casey voting nay. 8 OR COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 The by-law entitled, "By -Law Number C.P. 111-91 A Law to Amend the Zoning By -Law of The City of Saint John", was read in its entirety. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 4614 square metres, located at 251-361 Riverview Drive, also identified as PID Numbers 00415992, 00393975, 55147540, 55226047, 55226054, a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right- of-way) and an undeveloped portion of Algonquin Place: (a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (b) The above elevation and site plans be attached to the building permit application for the development of the parcel of land. MOTION CARRIED with Councillor Casey voting nay. Moved by Councillor Reardon, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-91 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 2594 square metres located at 251-361 Riverview Drive, also identified as PID Nos. 00415992, 00393975, and 55147540, from Two -Unit Residential (R2) to Low -Rise Residential (RL); amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 675 square metres, located at 251-361 Riverview Drive, also identified as PID Nos. 55226047, and 55226054 from Park (P) to Low -Rise Residential (RL); and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning parcels of land having an area of approximately 1345 square metres, located at 251-361 Riverview Drive, also identified as an undeveloped portion of Algonquin Place and a portion of PID 55206411 (an undeveloped portion of the New Brunswick Route 1 right-of-way), from being unzoned to Low -Rise Residential (RL), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Casey voting nay. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-91 A Law to Amend the Zoning By -Law of The City of Saint John." 01 41.1 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 Mayor Darling and Councillors Sullivan, Norton and Strowbridge rejoined the meeting. 10.2 Traffic By -Law Amendments for Harding Street West and King Street East (151 and 2nd Reading) Consideration was given to the submitted report entitled M&C 2020-159: Traffic By -Law Amendments for Harding Street West and King Street East to allow development. Deputy Commissioner and Traffic Engineer T. O'Reilly advised on the new traffic access points to avoid conflicting traffic. Moved by Councillor Armstrong, seconded by Deputy Mayor McAlary: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "B" to add King Street East, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "B" to add King Street East, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "D" regarding Harding Street West, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: 10 WA COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "D" regarding Harding Street West, be read a second time. IL [000011GL1:k]k]11191 Read a second time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." 10.3 Economic and Community Recovery: Open Streets and the City of Saint John (1st and 2nd Reading – Traffic Bylaw Amendment) Consideration was given to the submitted report M&C 2020-167: Economic and Community Recovery: Open Streets and the City of Saint John. Commissioner Hamilton introduced the suite of recommendations for open streets that provide a balanced approach for economic recovery in the PDA while respecting the Mandatory Orders. The program will permit a pilot project in the PDA over the summer. Deputy Commissioner P. Ouellette explained the concepts in the Open Streets pilot program. The City will coordinate, and promote the Open Street program activities with the local businesses. Moved by Councillor Sullivan, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2020-167: Economic and Community Recovery: Open Streets and the City of Saint John Common Council adopt the following: 1. Common Council give first and second reading of the Amendment to the Saint John Traffic By-law attached to M&C No. 2020-167; 2. In the event first and second reading is given to the proposed Amendment, direct the Common Clerk to schedule a special meeting of Common Council on the 29th of June, 2020, to consider third reading of the Amendment to the Saint John Traffic By- law and to present the final version of the 2020 Open Street Policy and Procedures for City -Initiated Open Streets; 3. Direct the City Manager to proceed with preparations for the implementation of rotating open streets over the weekends in the uptown area of the City and to permanently pedestrianize South Market Street as further detailed in M&C No. 2020- 167; 4. Direct the City Manager to present Common Council with by-law amendments to introduce 15 -minute parking spots at pre-existing two-hour metered parking spots in the central peninsula as further detailed in M&C No. 2020-167 on the 29th of June, 2020; 11 K-11 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 5. Direct the City Manager to present Common Council with by-law amendments to introduce a new community initiated application form and process for street events, including elimination of the 90 -day requirement as further detailed in M&C No. 2020- 167 on the 6th of July, 2020; 6. Approve the allocation of up to $60,000 from the Growth Reserve Fund for City staff to efficiently execute open street initiatives outlined in M&C No. 2020-167 for the current year. MOTION CARRIED with Councillor Norton voting nay. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending subsection 2(2); and adding subsection 16(8), be read a first time. Read a first time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending subsection 2(2); and adding subsection 16(8), be read a second time. Read a second time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." MOTION CARRIED. 10.4 Repeal and Replace "A Bylaw respecting Fees for Fire Protection Services in The City of Saint John" (111 and 2nd Reading) Consideration was given to the submitted report entitled M&C 2020-160: Repeal and Replace "A Bylaw respecting Fees for Fire Protection Services in The City of Saint John". Fire Chief K. Clifford explained the repeal and replacement of the bylaw respecting fees for fire protection services is a 12.2 sustainability item. The repeal and replacement of the bylaw is recommended rather than an amendment to avoid confusion. Moved by Councillor Reardon, seconded by Councillor MacKenzie: 12 Wel COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 RESOLVED that the bylaw entitled, "By -Law Number L.G.-9 A By -Law respecting Fees for Fire Protection Services in the City of Saint John" repealing and replacing the by-law entitled "By -Law Number M-34.1 A By-law respecting Fees for Fire Protection Services in The City of Saint John" enacted on the 91" day of July 2018 and all amendments thereto, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number L.G.-9 A By -Law respecting Fees for Fire Protection Services in the City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the bylaw entitled, "By -Law Number L.G.-9 A By -Law respecting Fees for Fire Protection Services in the City of Saint John" repealing and replacing the by-law entitled "By -Law Number M-34.1 A By-law respecting Fees for Fire Protection Services in The City of Saint John" enacted on the 91" day of July 2018 and all amendments thereto, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number L.G.-9 A By -Law respecting Fees for Fire Protection Services in the City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Sustainability Update The City Manager provided updates on miscellaneous sustainability points: • Weekly contacts continue with PNB, ELG to discuss sustainability issues • Cl initiatives that do not requie further Council decision are complete or will be complete within 1-2 months • Cl initiatives that require follow-on Council decisions: which ice arena to close, Fire Department budget are scheduled • Budget for 2021 to be presented to Finance Commmittee and Council by end of August for provisional approval awaiting tax assessment figures from PNB. • Impacts of COVID-19 may effect the tax roll in 2022; If the projected growth rate drops Y2% (from 1.5% to 1%) the City deficit increases by $600,000. 13 091 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the verbal Sustainability Update be received for information. MOTION CARRIED. 12.2 Sustainability and Fire Service WorkForce Adjustment The City Manager reiterated the need to find balance in the budget and address the $10 million defict forecasted in 2021 and 2022. Referring to the slide Getting to $6 million the City Manager outlined the reduction targets for all service operations. To achieve the $1.875M reductions for fire, workforce reductions are inadequate; closing fire station 8 in Millidgeville is recommended. The fire station will not be sold but used for machinery storage. A transition model to reduce staff through attrition is recommended. The fire services wholistic review recommended in the Ernst and Young report, entitled City of Saint John Operational Review, must be undertaken. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-154: Sustainability and Fire Service WorkForce Adjustment, Common Council approves the following 12 & 12 reduction model as it relates to identifying the $1.875M cost reduction that the fire service is responsible for as part of the 2021/2022 sustainability plan which necessitates that: o Council authorizes the closure of No. 8 Fire Station in Millidgevile and terminates fire response operations from that location. o Council authorizes a reduction of 12 permanent firefighters from the establishment of the Saint John Fire Department. The 12 permanent firefighters shall consist of one Captain, one Qualified Captain, two Lieutenants, four Qualified Lieutenants and four Firefighters. o Coucil authorizes that the maximum compliment of Holiday Relief Firefighters be reduced by 12 such that the maximum number of Holiday Relef Firefighters employed at any one time is 20. o While Council adopts the "12 & 12 reduction model' as the end objective for the sustainability plan. Council also authorizes that a "transition reduction model" to the 12 & 12 reduction model be utilized with the condition that the financial target for both 2021 & 2022 is attained. o Council authorizes a fire service review. The fire service review shall consider the City of Saint John financial position, the risk profile of the community, and applicable NFPA standards. The review will be tasked to map out a fire service strategy and applicable fire service level for the City of Saint John for the next 15 years. MOTION CARRIED. 12.3 Implementing Arena Closure Plan — Sustainability Item 14 31 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 Commissioner M. Hugenholtz advised that an arena closure was approved by Council as a sustainability item on December 16th 2019. Deputy Commissioner T. O'Reilly advised on the costs of arena oversupply. The City's recreation plan recommends the City's ideal size is 3.5 arenas based on industry standards. Even discounting TD Station, there are five (5) arenas available for recreational ice sports, at least one (1) too many. Impacts on closing the Hilton Belyea and Charles Gorman areas were considered. Closing the Hilton Belyea Arena and directing staff to explore other options for the use of the Hilton Belyea in the market place by proviate enterprise was discussed. The City Manager advised that staff resources are not available to undertake this initiative until 2021; and that the City's Ice Strategy should be finalized in advance. Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that the item Implementing Arena Closure Plan — Sustainability Item be tabled. MOTION CARRIED with Councillors Casey, MacKenzie, Armstrong and Strowbridge voting nay. 12.4 Resource Levels and InnDlications on Service Levels - COVID-19 The City Manager requested that due to the limited time remaining in the meeting to defer discussion on the item to next meeting to allow more opportunity to provide awareness to the public. Moved by Councillor Merrithew, seconded by Councillor Strowbridge: RESOLVED that the submitted report entitled Resource Levels and Implications on Service Levels - COVID-19, be received for information, and deferred to next meeting for discussion. MOTION CARRIED. 13. Committee Reports Moved by Councillor Strowbridge, seconded by Councillor Norton: RESOLVED that in accordance the Procedural Bylaw the meeting be extended beyond 10:00 P.M. MOTION CARRIED with Councillors Sullivan, Merrithew and MacKenzie voting nay. 14. Consideration of Issues Separated from Consent Agenda 15 0 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 14.1 (5.5) M&C 2020-147: 2020 Spring Project Contributions from LPP Trust Fund Members discussed granting an exception to the policy, that allows LPP funding to 50% of the project cost and caps local initiatives at $5,000, to allow an increase in the allocation from the LPP Trust for the Red Head Neighbourhood Association Dog Park from $5,000 to S15,000. Moved Councillor Strowbridge, seconded by Councillor Merrithew: RESOLVED that $15,000 be allocated from LPP Trust for the Red Head Neighbourhood Association Dog Park. MOTION DEFEATED with Councillors Sullivan, Hickey, Reardon, MacKenzie, Casey, and Norton voting nay. Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-147: 2020 Spring Project Contributions from LPP Trust Fund, 1. Common Council authorize the support of the following applicants by way of the Land for Public Purposes Trust Fund: - Saint John Cycling Club - $50,000.00 - Tucker Park Association - $4,725.00 - Red Head Neighbourhood Association - $5000.00 (Conditional, as outlined in M&C 2020-147), and 2. Common Council endorse the City's support of the Red Head Community Association's application to the Provincial Family & Youth Capital Assistance Program for funding for their dog park project. MOTION CARRIED. 15. General Correspondence 15.1 H. Hamm and G. Breau - Closing of the Gorman Arena in Millidgeville Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the H. Hamm and G. Breau letter re Closing of the Gorman Arena in Millidgeville be received for information. IL 10000►[4L1:k]k]11191 15.2 E. Muir - Change of Street Names for Winslow & Ludlow Streets 16 091 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the E. Muir letter re Change of Street Names for Winslow & Ludlow Streets be referred to the City Manager. MOTION CARRIED. 15.3 M. Carpenter Letter - 2018 Municipal Transportation Plan Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the M. Carpenter Letter re 2018 Municipal Transportation Plan be received for information. MOTION CARRIED. 15.4 Commercial Properties - Reinvigorating Uptown Saint John's Businesses Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Commercial Properties letter re Reinvigorating Uptown Saint John's Businesses be received for information. MOTION CARRIED. 15.5 Province of New Brunswick - Federal Gas Tax Fund (GTF) - 2020 Allocation Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Province of New Brunswick letter re Federal Gas Tax Fund (GTF) - 2020 Allocation be received for information. MOTION CARRIED. 15.6 Province of New Brunswick - Surplus Properties Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Province of New Brunswick letter re Surplus Properties be referred to the City Manager (Growth Committee). MOTION CARRIED. 15.7 Greater Saint John Community Group: A Community Based 5 Year Sustainability Plan for the Charles Gorman Arena & Hilton Belyea Arena Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: 17 COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 RESOLVED that the Greater Saint John Community Group letter - A Community Based 5 Year Sustainability Plan for the Charles Gorman Arena & Hilton Belyea be referred to the Growth Committee IL [01111M 0114YA:k]k]11191 16. Supplemental Agenda 17. Committee of the Whole 17.1 - General Counsel Selection Committee The City Manager advised that the City Solicitor will be retiring, the competition has closed and a selection committee to appoint the new City Solicitor under section 71 of the Local Governance Act is required. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on June 22, 2020 Common Council approves the following Council Members to be part of the City Solicitor Selection Committee: Mayor Darling and Councillors Reardon and Merrithew. IL [01111M 0114YA:k]k]11191 17.2-2 nd Amendment to Summer Arena License Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Committee of the Whole having met on June 22nd, 2020 that Common Council approve the amendment to the License Agreement between the City and 707990 N.B. Inc. respecting the rental and use of premises known as the Stewart Hurley Arena to allow an opportunity for this recreation service that was suspended in March as a result of the COVID-19 Pandemic and, more particularly, by reason of the fact that all arena operations in the Province were indefinitely suspended with immediate effect by Mandatory Order issued under the Emergency Measures Act in order to contain and mitigate the spread of COVID-19; to resume with the updated Provincial Mandatory Order of June 19, 2020 safety precautions in place. MOTION CARRIED. 18. Adjournment Moved by Deputy Mayor McAlary, seconded by Councillor: RESOLVED that the meeting of Common Council held on June 22, 2020 be adjourned. 18 W COMMON COUNCIL/ CONSEIL COMMUNAL June 22, 2020 / le 22 juin 2020 MOTION CARRIED. The Mayor declared the meeting adjourned at 10:07 p.m. 19 01.1 COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 1► IILI[ 1111IF.=00411w_111ka► 1IIIisI1►[e COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 29, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Council Members present participated by video conference 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 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 Ray Strowbridge Absent: Councillor Ward 4 David Merrithew Also Present: Senior staff participated by video conference City Manager J. Collin (participating as an observer by conference call) Acting City Manager Commissioner Growth & Community Development J Hamilton City Solicitor J. Nugent Q.C. Commissioner Transportation and Environment M. Hugenholtz Deputy Commissioner Parks and Public Spaces T. O'Reilly Commissioner Saint John Water B. McGovern General Director Saint John Transit and Parking M. Dionne Common Clerk J. Taylor Administrative Officer R. Evans Deputy Common Clerk P. Anglin Kul COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; Councillor D. Merrithew sent regrets that he is unable to attend. To ensure access to the public and transparency of the meeting, livestreaming on the City's YouTube feed is being monitored for disruptions by staff. Rogers TV also provides public live streaming of the Council meeting. 1. Call to Order 2. Approval of Minutes 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 6. Members Comments 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of Bylaws 11. Submissions by Council Members 11.1 Ernst and Young Operational Review (Norton) Acting City Manager J. Hamilton advised that staff have confirmed with Ernst and Young the soonest they would be available to present to Council would be July 20th and that the presentation would be at no cost to the City. Responding to question, City Manager J. Collin advised that his comment from last week that the presentation would have a cost to the City was based on his assumption that 2 M-11 COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 the contract with E&Y was complete and that an additional verbal presentation would have an associated cost to the City. The City Manager advised a staff review and presentation of the E&Y report findings is intended for the fall. Moved by Councillor Norton, seconded by Councillor Strowbridge: RESOLVED that Common Council approve the following: • That a Special Meeting of Common Council be scheduled in open, for the exclusive and comprehensive presentation of the Ernst & Young City of Saint John Operational Review, and • That the presentation of the Ernst & Young City of Saint John Operational Review be delivered by official agents of Ernst & Young, who were commissioned by the Department of Environment and Local Government to conduct an independent operational review of the City of Saint John, and • That the presentation of the City of Saint John Operational Review by Ernst & Young be scheduled within the next two weeks, with appreciation for the logistical and scheduling challenges that may make it difficult to meet this timeline. MOTION CARRIED with Councillors Reardon and MacKenzie voting nay. 12. Business Matters - Municipal Officers 12.1 Economic and Community Recovery: Open Streets and the City of Saint John 12.1.1 Open Streets Policy and Procedures - City Initiated Acting City Manager J. Hamilton introduced the policy guidance and bylaws to permit the streamlined open streets initiative. Deputy P. Ouellette recommended updates to the open streets plan that were presented to Common Council on June 22nd. Interviews with local businesses and the public over the past week indicate the public has mixed opinion on the open streets concept, pro, negative and the majority is neutral. The first open street will proceed on Saturday July 11th. Future closures could be expanded to a few days based on feedback from the public and local businesses. Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-172: Economic and Community Recovery: Open Streets and the City of Saint John, Common Council adopt the following resolution: 3 Wel COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 1. Common Council adopt the 2020 Open Street Policy and Procedures for City - Initiated Open Streets. MOTION CARRIED. 12.1.2 Traffic By -Law Amendment Ord Reading) Moved by Councillor Hickey, seconded by Deputy Mayor McAlary: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending subsection 2(2); and adding subsection 16(8), be read. MOTION CARRIED with Councillor Norton voting nay. The by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending subsection 2(2); and adding subsection 16(8), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED with Councillor Norton voting nay. Read a third time by title, the by-law entitled, "By -Law MV -10.1, A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." 12.2 Economic and Community Recovery - 15 Minute Parking Spaces (1st and 2nd Reading Traffic By -Law Amendment) Referring to the submitted report entitled M&C 2020-170: Economic and Community Recovery — 15 Minute Parking Spaces, General Director Saint John Parking and Transit M. Dionne advised on the change from 2 hours to 15 minutes parking spaces. This will allow more traffic to access quick parking needs. Responding to question, Mr. Dionne stated the public in Saint John and the businesses are very supportive on the initiative. Moved by Councillor Reardon, seconded by Councillor Deputy Mayor McAlary: [! COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the regulation of Parking in the City of Saint John, By -Law Number L.G.-8, and amendments thereto" by adding subsection 7(6) and Schedule "A-1" regarding 15 minute parking spaces, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the regulation of Parking in the City of Saint John, By -Law Number L.G.-8, and amendments thereto." Moved by Councillor Hickey, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the regulation of Parking in the City of Saint John, By -Law Number L.G.-8, and amendments thereto" by adding subsection 7(6) and Schedule "A-1" regarding 15 minute parking spaces, be read a second time. IL [000011GL1:k]k]11191 Read a second time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the regulation of Parking in the City of Saint John, By -Law Number L.G.-8, and amendments thereto." MOTION CARRIED. 12.3 Sustainability Item - Arena Closure Plan Follow -Up (Tabled June 22) Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the Sustainability Item - Arena Closure Plan Follow -Up be lifted from table. MOTION CARRIED. Commissioner Hugenholtz presented revised recommendations pertaining to the sale of the building and alternative operation models. Deputy Commissioner T. O'Reilly outlined the concerns Council Members voiced last week, including the option to continuing the use of the Hilton Belyea as an arena after the sale of the property. The new recommendations include a non -competition clause should the arena be used as an ice activity facility. Moved by Councillor MacKenzie, seconded by Councillor Strowbridge: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-169: Sustainability Item -Arena Closure Plan Follow -Up, Common Council: G7 !II COMMON COUNCIL/ CONSEIL COMMUNAL June 29, 2020 / le 29 juin 2020 1. Lift item 12.3 on Common Council's June 22, 2020 agenda (M&C 2020-155 "Implementing Arena Closure Plan — Sustainability Item") from the table, replacing your City Manager's recommendation in that report with the recommendations in M&C 2020-169. 2. Close the Hilton Belyea arena. 3. Withhold a decision to demolish the building, until and if recommendations 4 and 5 are pursued without success. 4. Direct your City Manager to continue to explore alternative uses for the property. These could range from new private development to the use of existing infrastructure under a different business model. 5. Endorse that any option for the Hilton Belyea property must result in a net savings of at least $155,000 to the City of Saint John Arena Operating & Maintenance Budget, including and specifically accounting for variances in associated revenues. 6. In addition to the short-term decisions associated with the closure of one arena, direct the City Manager to develop a long-term ice strategy for the City of Saint John, ideally in cooperation with our regional partners, and provide the necessary recommendations to Common Council in the second half of 2021. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on June 29, 2020 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:48 p.m. Cd :1 PA, COUNCIL REPORT M&C No. 2020-173 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2020-13: Millidgeville WWTF PLC Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson Brent McGovern / Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2020-13: Millidgeville WWTF PLC Upgrades be awarded to the low Tenderer, Marcel Belanger Electric Ltee/Ltd., at the tendered price of $ 249,176.91 (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 Premier Blaine Higgs has stated that construction activities shall continue and are not prohibited under the declaration of the State of Emergency in response to the COVID-19 pandemic. He has instructed, however, that the construction industry must work safely and follow measures as recommended by the Chief Medical Officer of Health. The purpose of this report is to recommend that Contract 2020-13 Millidgeville WWTF PLC Upgrades be awarded to the low Tenderer. PREVIOUS RESOLUTIONS October 2, 2017; (M&C 2017-247) 2018 Water & Sewerage Utility Fund Capital Program approved. June 18, 2018; (M&C 2018-166) Revised 2018 Water & Sewerage Utility Fund Capital Program approved. !i93 -2 - REPORT BACKGROUND The approved 2018 Water and Sewerage Utility Fund Capital Program includes a SCADA systems project for the design, purchase and installation of the equipment for a PLC -5 Migration, Fournier SLC / Panel View Migration, Polymer SLC/Local DTAM HMI Migration at the Millidgeville Wastewater Treatment Facility (Millidgeville WWTF). The project is partially funded under the Small Communities Fund (SCF). TENDER RESULTS Tenders closed on June 23, 2020 with the following results, including HST: 1. Marcel Belanger Electric Ltee/Ltd., Grand-Barachois, NB $ 249,176.91 2. ShadComm Ltd., Miramichi, NB $ 249,969.75 3. GJ Cahill & Company (1979) Ltd., Saint John, NB $ 353,357.05 The Engineer's estimate for the work was $ 310,000.00 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of the tender from Marcel Belanger Electric Ltee/Ltd. which contained a mathematical error that required correction in accordance with specification article 2.11(u) (i). The corrected tender result is indicated above. 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. Id10Fil0[0/_1N1LTA I»[4LINO[Q0161 The Contract includes work that is charged against the 2018 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the tendered amount of work that will be performed by the Contractor. The analysis is as follows: Budget $ 310,000.00 Project net cost $ 249,176.91 Variance (Surplus) $ 60,823.09 !ElI -3- Igo] 114V=II1►19711 ilk] 1►[eto] aiI 0PII: e141 M 011150]►1111ATTO W The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The PLC infrastructure at the Millidgeville WWTF is outdated, unreliable, and, requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to Millidgeville WWTF due to PLC infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A !1'7 COUNCIL REPORT M&C No. 2020-177 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Letter of Offer - Youth Employment Fund - Province of New Brunswick OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Scott A. Brittain, Q.C. John L. Nugent, Q.C. Jacqueline Hamilton (Acting City Manager) RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that the Mayor and Common Clerk be authorized to execute the Letter of Offer in the form attached to this report. EXECUTIVE SUMMARY The Province's Department of Post -Secondary Education ("PETL") has a Youth Employment Fund that facilitates the entry of recent university graduates to the workforce by supporting employers with their payroll costs. Under this program, recent university graduate and prospective employers both register with PETL and the employer is eligible to be reimbursed 100 percent of the minimum wage for up to 26 weeks together with mandatory employer related costs such as EI, CPP and Vacation Pay. The City Solicitor's Office has been approved to combine this program with the Federal Summer Student Program (16 weeks) to provide a recent law school graduate with an articling opportunity at very close to zero cost to the City. PREVIOUS RESOLUTION N/A REPORT -2 - For those not familiar with articling, it is a period of practical training and apprenticeship that every law school graduate who wishes to be admitted to the Law Society of New Brunswick and, ultimately, practice law must complete. The purpose of articling is to ensure that the lawyer -to -be receives the requisite training and experience to be able to successfully practice law on his or her own without supervision. Articling is a necessary period of training but can also be a barrier to entry to the legal profession. If one doesn't secure articles, he or she cannot become a lawyer. This has become all the more challenging in 2020 owing to COVID-19 and the decision by many employers to forego taking on an articling student. This program, combined with the Federal Summer Student Program, is a creative way to achieve a win-win. A highly capable recent law school graduate gets the benefit of the supervised training that we can provide across a number of practice areas while the City, in turn, gets the benefit of an additional highly trained resource that will be able to assist with a range of legal support tasks, including legal research. All of this, as is noted above, is achieved at close to zero cost to the City. In order to facilitate this placement, PETL requires that the City enter into the attached Letter of Offer. This is something that would usually be dealt with administratively, however, there is a standard indemnification provision in the attached Letter of Offer that necessitates approval at the Common Council level in view of the fact that it binds the City. STRATEGIC ALIGNMENT This additional resource will further assist the City Solicitor's Office in carrying out its mandate. SERVICE AND FINANCIAL OUTCOMES Chc k here to enter text, INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office has worked with Human Resources in pulling this opportunity together and thanks, in particular, Margot Rankin, for the role she has played in making this happen. ATTACHMENTS PETL Letter of Offer Brunswick Letter of Offer: 00191109 Funded by the Government of Canada and the Province of New Brunswick through the Canada -New Brunswick Labour Market Agreements Department of Post -Secondary Education, Training and Ladour Employment and Continuous Learning Services LETTER OF OFFER Youth Employment Fund June 26, 2020 City of Saint John Attention: Scott A. Brittain, Q.C. PO Box 1971 Saint John, NB E2L 41_1 SUBJECT: Letter of Offer between the Department of Post -Secondary Education, Training and Labour (hereinafter called the "Department") and City of Saint John (hereinafter called the "Employer") Contract Number: 00191109 Approval Date: June 26, 2020 Dear Scott Brittain: Thank you for your participation in the Youth Employment Fund. The following individual(s) has (have) been approved for a placement with your organization: Name Job Title Start Date Number of Weeks HourstWeek Articling October 26, 2020 26 40.00 IMPORTANT: This approval is subject to the following conditions: 1. Placement is for 40 hours per week for 26 weeks, consecutively; 2. Placement under this agreement cannot displace regular employees on layoff, vacation, parental or sick leave; 3. Placement will not be in contravention with provisions of the collective agreement (if applicable); 4. Individual must not be an immediate family member of the employer (spouse, children, parents, brother, sister), nor can he/she be an officer or a director of the organization or a member of their immediate families; 5. The Employer shall preserve and keep available for audit, the books, records and accounts for thirty-six (36) months after the completion of the contract and supply such statistical data as may be required by the Department; 6. The Employer shall indemnify and save harmless the Department for all claims, demands, actions and causes of action of third parties that may arise from this contract; 7. The Employer will ensure that the activities undertaken are in accordance with all Provincial and Federal Acts and Regulations; 8. The Employer shall pay employees hired under this program on a regular basis and not withhold wages while waiting to be reimbursed by the Department. 9. The Employer must contact the Program Officer immediately prior to terminating an employee or if an employee quits or there is an extended interruption in work for any reason. !E:3 10. 11. IMPORTANT FINANCIAL CONSIDERATIONS The Department will provide a reimbursement as follows: a) 100 percent of the minimum wage for 40 hours a week will be subsidized for up to 26 weeks. b) Includes the following Mandatory Employment Related Costs (MERCs): Employment Insurance (EI), Canadian Pension Plan (CPP) and Vacation Pay for each approved position. The Employer is responsible for the Workplace, Health, Safety and Compensation Commission premiums. Reimbursement Process — Wage Subsidy: • Provincial Government Departments with access to HRIS: A Notice of Hiring form must be completed and returned within ten (10) days of the employee start date. To receive reimbursement, government departments must enter Wage Claim information through the Human Resource Information System (HRIS). • Private sector businesses, Non-profit Organizations, First Nations and Provincial Government Departments without access to HRIS: Government Services, NB Power and NB Liquor: To receive reimbursement, employers must submit a Notice of Hiring form within ten (10) days of the employee start date and Wage Claim Forms as agreed upon with Youth Employment Fund Program Officer. After the department has received the Notice of Hiring form, the Wage Claim Forms are automatically generated. All Wage Claim forms must be signed by the employer. To ensure flexibility for employers, claims must be submitted cUpon notification to submit wage claims, up to and including March 31st; r Upon early termination of the 26 -week placement; A05 required with wage claim �.b Upon completion of the 26 -week placement c> Clients who wish to submit more regularly, may submit a wage claim every 2 weeks. 12. In order to receive final payment, the Attestation of Salary Form must be completed, signed and forwarded Service New Brunswick with the last Wage Claim Form sent for each employee hired under the Program; 13. Your signature affirms your status is in good standing with the New Brunswick Employment Standards Branch. Furthermore, any information relating to this contract or your status with the Employment Standards Branch will be shared, if and when necessary, with the Employment and Continuous Learning Services Branch of the Department of Post -Secondary Education, Training and Labour. 14. All pages of the signed original Letter of Offer must be returned within ten (10) days of receipt and completed Notice of Hiring Form (s) must be returned within ten (10) days of the employee start date to: Laura Anderson Failure to adhere to the above conditions will result in immediate cancellation of this contract. Neglecting to return the completed documents, or any form of conditional acceptance will render this offer null and void. If you have any questions concerning the above, please do not hesitate to contact this office. Employer (Print) Employer (Signature) Laura Anderson Workforce Consultant (Signature) Date (Employer) !Loll COUNCIL REPORT M&C No. 2020-168 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Non -Disclosure Agreement for Telus OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Sarah Ranson Stephanie Rackley -Roach Jacqueline Hamilton RECOMMENDATION The City Manager recommends that: RESOLVED: That the Mayor and Common Clerk be authorized to execute to the Non -Disclosure Agreement with Telus in the form attached to this report. EXECUTIVE SUMMARY City staff are requesting a non -disclosure agreement be signed so that they can discuss the new Provincial agreement for wireless services with Telus. The City's agreement with Rogers will expire in September 2020. PREVIOUS RESOLUTION N/A REPORT In June 2020, TELUS was awarded the RFP for wireless services for the Government of New Brunswick. The value of the contract is for $27M+ for a three year term. This means that the City of Saint John also has this contract available through the Atlantic Procurement Agreement. There could be significant savings to the telecom budget due to this standing offer. In order to discuss the pricing with the Telus representative, the City is required to sign a non -disclosure agreement. The non -disclosure agreement 61191 -2 - protects both Telus and the City from the other party sharing their confidential and proprietary information. The City is currently in an agreement with Rogers for wireless services until September 2020. STRATEGIC ALIGNMENT City Council's priorities require staff to be fiscally responsible and provide valued service delivery by developing partnerships. Researching alternative options for mobility products to reduce the expense for wireless services as well as leveraging a provincial contract is in line with these goals. SERVICE AND FINANCIAL OUTCOMES There is no cost to the City to discuss the wireless services contract with Telus. The City spends approximately $12,000 monthly on wireless services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's service area has reviewed this agreement. The Materials Management service area is supportive of agreeing to the non- disclosure agreement so that the new Provincial contract can be reviewed by City staff. ATTACHMENTS Non -Disclosure Agreement 51 CONFIDENTIALITY AGREEMENT This Agreement is made as of the date of last signature by the parties below (the "Effective Date") BETWEEN TELUS COMMUNICATIONS INC. ("TELUS") CITY OF SAINT JOHN ("City of Saint John") each a "party" and collectively the "parties", with respect to their obligations of confidentiality and nondisclosure of Confidential Information to be shared or exchanged between the parties for the purpose of disclosure of pricing rates, contract terms, and other proprietary and confidential information to facilitate entering into a Corporate Contract Agreement for Wireless Services (the "Purpose"). In consideration of the promises contained in this Agreement and for other good and valuable consideration, the parties agree as follows: For purposes of this Agreement: a. "Confidential Information" means any data or information, tangible or intangible that is of value to the Disclosing Party and is not generally known in the industry or to competitors of the Disclosing Party. Confidential Information shall include: (i) tangible information, marked by the Disclosing Party with the word "Confidential" or like designation; (ii) information disclosed orally or visually and identified by the Disclosing Party as confidential when disclosed, and confirmed by the Disclosing Party in a written notice within thirty (30) days following disclosure; and (iii) all other information that, notwithstanding the absence of markings or designations, would be understood by the parties, exercising reasonable business judgment, to be confidential. For clarity, Confidential Information includes, but is not limited to, the following information to the extent that such information meets the requirements in the above paragraph: (i) technical, financial and business information and models, information relevant to the current or proposed marketing or business plans of the Disclosing Party, reports, budgets and strategies, market projections, analyses, working papers, comparisons, studies, or other documents which contain such information; (ii) customer/client lists and records, cost estimates, cost and pricing practices, personnel records, trade secrets, minutes, data, designs, drawings, specifications, techniques, test results, engineering reports, or research; (iii) information disclosed either directly, in oral or tangible form (including but not limited to, magnetic or electronic form), or indirectly, by permitting the Receiving Party or its employees to observe various operations or processes conducted by the Disclosing Party; (iv) information of the Disclosing Party's Affiliates, employees or agents; and Mutual NDA rev. 1 -Aug -2019 Page 1 of 5 52 (v) any material or documents prepared by the Receiving Party that is based on or contains any information disclosed by the Disclosing Party. b. "Disclosing Party" means a party to this Agreement when it provides Confidential Information. "Receiving Party" means a party to this Agreement when it receives Confidential Information. d. "Representatives" of aparty means the directors, officers, employees, consultants and agents of party and employees of an Affiliate of that party. e. "Affiliate" means any entity controlling, controlled by or is under common controlwith a party, where "control" means the ownership of at least 50% of the equity or beneficial interest of the party or that entity or the right to vote for or appoint a majority of the board of directors or other governing body of the party or that entity. 2. Confidential Information does not include information that: a. is or becomes available in the public domain through no act of the Receiving Party; b. is disclosed to the Receiving Party on a non -confidential basis by a third party who is not bound by any confidentiality obligation to the Disclosing Party; was already known by the Receiving Partywithout any obligation of confidenceprior to disclosure, or d. was developed independently by the Receiving Party without reliance on the disclosed Confidential Information, provided that such independent development can be substantiated. 3. Theparties mutually agree to hold each other's Confidential Information in strictest confidence and, unless specifically authorized in writing by the Disclosing Party, the Receiving Party shall: a. use Confidential Information solely for the Purpose; b. take all reasonable precautions, and in any event not less than those precautions used to protectits own Confidential Information, to keep the Confidential Information in the strictest confidence and to protect it from disclosure; restrict disclosure of the Confidential Information of the other party to those of its Representatives who (i) need to know such information for the fulfillment of the Purpose, and (ii) are informed by such party of the confidential nature of such information; d. not reproduce or copy in whole or in part any Confidential Information except as may be necessary for the internal use of the Receiving Party in the course of the Purpose; and e. at the request of the Disclosing Party, promptly delete, destroy or return to the Disclosing Party any and all tangible material containing any Confidential Information, including all copies made, whether such material was made or compiled by the Receiving Party or furnishedby theDisclosing Party; provided, however, that the Receiving Party shall have the right to archive and save electronic copies of such Confidential Information as part of the Receiving Party's standard document retention policies and practices. For greater clarity, electronic copies of Confidential Mutual NDA rev. 1 -Aug -2019 Page 2 of 5 53 Information that are archived or saved by the Receiving Party will be destroyed in accordance wide Receiving Party's document retention policy, and until then, the Receiving Party will protect the confidentiality of this information in accordance with the provisions of this Agreement. 4. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives or Affiliates (including its Representatives or Affiliates who, subsequent to the first date of disclosure of Confidential Information hereunder, become former Representatives or Affiliates) and shall take all necessary measures to restrain its Representatives or Affiliates (and former Representatives or Affiliates) from unauthorized disclosure or use of Confidential Information. 5. If a Receiving Party is required or becomes compelled to disclose any Confidential Information of the Disclosing Party, pursuant to law or a judicial or administrative order or decree, the Receiving Party shall, provided that this is not prohibited by a court or other lawful authority from doing so, promptly notify the Disclosing Party in writing, and cooperate with the Disclosing Party in taking legally available steps to resist or limit the disclosure and to maintain confidentiality by the court or administrative body. 6. Nothing in this Agreement shall be construed as: (a) requiring a party to disclose to the other party, or to accept from the other party, any particular information; or (b) granting any rights, under any trade -mark, trade -name, patent, registered design, copyright, design right, intellectual property right, or any similar right belonging to either party; or (c) either party making any representation or warranty as to the accuracy or completeness of any Confidential Information disclosed pursuant to this Agreement, and the Disclosing Party shall not be liable for any errors or omissions in the Confidential Information or for the utilization and results of the utilization of the Confidential Information. 7. Nothing in this Agreement nor the acts of the parties hereto shall be construed, implied or deemed to create an agency, partnership or joint venture relationship, or any transaction whatsoever, between them. 8. This Agreement is not intended to, and does not, obligate either party to enter into any further agreements or to proceed with any other transaction. 9. This Agreement may not be assigned in whole or in part by either party without the prior written consent of the other party, except that either party may assign this Agreement in whole or in part to an Affiliate. 10. The obligations of confidentiality set forth in this Agreement are in addition to, and not in substitution for, any and all other obligations and duties of confidentiality which either party may from time to time owe to the other of them whether at law, in equity, under statute, under contract or otherwise. 11. Each Receiving Party acknowledges that, in the event of a breach by it of any of the provisions of this Agreement, the Disclosing Party may not have an adequate remedy in monetary damages. Accordingly, the Disclosing Party shall, in addition to other available legal or equitable remedies, be entitled to seek an injunction against such breach or any threatened breach. 12. This Agreement shall be governed by the laws in force in the Province of New Brunswick, and the parties attorn and submit to the jurisdiction of the Courts in the Province of New Brunswick. 13. Any notice required to be given under this Agreement shall be in writing and shall be sent by courier, registered mail, delivered personally or sent by confirmed facsimile transmission to the Mutual NDA rev. 1 -Aug -2019 Page 3 of 5 54 addresses set out in the signature portion of this Agreement, or such other address as the parties may from time to time advise each other in writing. 14. This Agreement shall be in force for a period of one (1) year from the Effective Date, unless terminated earlier by any party by giving a thirty (30) day notice in writing to the other party of its intention to terminate. Termination of this Agreement shall not, however, affect the rights and obligations with respect to Confidential Information disclosed hereunder prior to termination. The confidentiality and non-use obligations of each party as a Receiving Party shall survive the expiration or termination of this Agreement for a period of five (5) years. 15. This Agreement is the entire Agreement between the parties concerning the matters referred to herein. Any amendments to this Agreement must be in writing and signed by each party. 16. The failure of a party to enforce at any time or for any period of time any of the provisions of this Agreement shall not constitute a waiver of such provisions or the right of that party to enforce each and every provision. A waiver of a failure to comply hereunder shall be effected only in writing, signed by the waiving party and shall not constitute a waiver of any other failures to comply hereunder. 17. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 18. Each party represents and warrants to the other that it has all requisite power and authority to enter into this Agreement and to perform its obligations and that this Agreement has been duly authorized, executed and delivered by it and constitutes a valid and binding obligation, enforceable against it in accordance with its terms. 19. This Agreement shall enure to the benefit of and be binding on the parties hereto, their successors and permitted assigns. 20. This Agreement has been drafted in the English language at the express request of the parties. Cette convention a ete redigee en langue anglaise a la demande explicite des parties. 21. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument, and may be delivered by facsimile or other electronic form. [signature page follows] Mutual NDA rev. 1 -Aug -2019 Page 4 of 5 55 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized signatories. CITY OF SAINT JOHN CITY OF SAINT JOHN per: (Authorized Signature) Don Darling Name (Print or Type) Mayor Title 15 Market Square Address PO Box 1971 commonclerk@saintj ohn. ca Fax No. \ Email Date TELUS COMMUNICATIONS INC. per: (Authorized Signature) Ken Power Name (Print or Type) Director Title 1959 Upper Water St Address Halifax, NS B3J 3N2 ken.power@telus.com Fax No. A Email Date per: (Authorized Signature) Jonathan Taylor Name (Print or Type) Common Clerk Title 15 Market Square Address PO Box 1971 commonclerk@saintj ohn. ca Fax No. \ Email Date Mutual NDA rev. 1 -Aug -2019 Page 5 of 5 56 COUNCIL REPORT M&C No. 2020-174 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Lighting Upgrades — Market Square & Peel Plaza Parking Garage OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Samir Yammine Craig Lavigne Jacqueline Hamilton RECOMMENDATION It is recommended that the tender submitted by Security Electrical Ltd., for the Lighting Upgrades at Market Square & Peel Plaza Parking Garage in the amount of $116,800 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 $15,000 plus HST, for a total project cost of $131,800 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Lighting Upgrades at Market Square & Peel Plaza Parking Garage to the lowest compliant bidder. PREVIOUS RESOLUTION M&C 2019-312. It is recommended that the City enter into the Grant Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment who is responsible for the Environment and Climate Change Canada under the Low Carbon Economy Fund for the Municipal Buildings Deep Energy Retrofit in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. REPORT Analysis 6'tl -2 - In November 2019, Council entered into Grant Agreement with the Federal Government under the Low Carbon Economy Fund (LCEF) for the Municipal Buildings Deep Energy Retrofit. The LCEF, which is 40% of the eligible cost, will be used toward the implementation of Energy Conservation Measures on selected Municipal and Water Facilities. The lighting upgrades at the Market Square and Peel Plaza Parking is aligned with the LCEF criteria and overall City of Saint John Corporate GHG emission and Energy Action Plan as well as Climate Change Action Plan As part of the City Asset Management Program, Staff has developed methodology, Risk Rating System and practices as well as criteria to identify assets that are considered high risks and have immediate impact on the Level of Service (LOS). This project was selected using the following criteria: • Alignment with asset management policy and capital investment policy; • High risk assets using adopted risk rating framework to identify these assets; • Level of impact on service to public and environmental effects; • Net present value of asset renewal; and • Greenhouse gas emissions impact. The work consists of the following: • Market Square Parking Garage LED Lighting Upgrades • Market Square Public Library Occupancy Sensors for Lighting Controls • Market Square to City Hall Pedway LED Lighting Upgrades • Market Square Exterior LED Lighting Upgrades • Peel Plaza Parking Garage LED Lighting Upgrades The proposed Project upgrades will result in the following benefits to the City: • Reduce the City energy and operating cost by approximately $28,900 annually • Reduce the City Infrastructure deficit by over $113,000 through investment in asset renewal • Reduce City Capital Expenditure by $68,865 • Improve the indoor lighting quality and uniformity of the Market Square and Peel Plaza Parking Garage through the installation state of art lighting and control system. • Reduce GHG emissions by 84 teCO2 6'1:3 -3 - STRATEGIC ALIGNMENT Lighting Upgrades at the Market Square & Peel Plaza Parking Garage is clearly aligned with the following City plans, policies, Council Priorities, programs and practices: • City of Saint John Corporate GHG and Energy Action plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. • City of Saint John Asset Management Policy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, and improve the reliability of customer service. • City of Saint John Capital Investment Policy • City of Saint John Climate Change Action Plan SERVICE AND FINANCIAL OUTCOMES The total cost to complete the Lighting Upgrades at Market Square & Peel Plaza Parking Garage, if awarded, to the lowest bidder as recommended, will be $131,800 plus HST, including $15,000 contingency. This project is part of the Municipal Buildings Deep Energy Retrofit (MBDER) which has received funding from the Low Carbon Economy Fund (LCEF). Funding for this project will be provided by the Environment and Climate Change Canada under the Low Carbon Economy Fund (40% or $52,720) and NB Power Commercial Building Retrofit Program ($11,145) with the remaining fund from the 2020 Capital FUM INPUT FROM OTHER SERVICE AREAS — MATERIALS MANAGEMENT A public tender call was issued on June 3, 2020 and closed on June 23, 2020. Six (6) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER!RRICE* GJ Cahill & Company (1979) Ltd. $149,700.00 Black & McDonald Limited $193,587.00 Roadway Systems Limited $127,750.00 Ainsworth Inc. $165,960.00 Security Electrical Ltd. $116,800.00 Energy Network Services Inc. $119,384.13 *Exclusive of HST 6'1%] -4 - 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 has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS COUNCIL REPORT M&C No. 2020-176 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Climate Change Vulnerability Assessment & City Market Energy Upgrades Grant Agreements Extension OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Samir Yammine Craig Lavigne Jacqueline Hamilton RECOMMENDATION It is Recommended that Common Council approve the attached extension and the Mayor and Common Clerk be authorized to sign the Acknowledgment Letters to extend the project end date for the following Grant Agreements: 1- Climate Change Vulnerability Assessment Methodology. Grant Agreement to be extended from 31 May 2020 to 30 November 2020. 2- City Market Energy Upgrades . Grant Agreement to be extended from 31 January 2020 to 31 July 2020. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to sign the acknowledgment letters to extend the project end date for the Climate Change Vulnerability Assessment & City Market Energy Upgrades Grant Agreements. PREVIOUS RESOLUTION 1. In November 2018, Common Council (M&C -2018-292) entered into Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the Climate Change Vulnerability Assessment Methodology and Analysis in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement AI -2- 2. In July, 2018, Common Council (M&C -2018-194) entered Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the City Market Energy Upgrades in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement REPORT Due to COVID-19, a few of the deliverables could not be completed by the project end date. However, FCM has agreed to grant the City a one-time extension for the delivery of the Climate Change Vulnerability Assessment & City Market Energy Upgrades Projects and final reports. The proposed extension will enable the City of Saint John to submit the final disbursement including the final reports and receive the total grant amount as per the terms and conditions of the agreements. STRATEGIC ALIGNMENT The proposed Projects are aligned with the following City plans, policies, Council Priorities, programs and practices: 1- Municipal Energy Efficiency Program (MEEP) and the Climate Change and Community Energy Plan objective to reduce GHG emissions. 2- City of Saint John Asset Management Policy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, take into consideration climate change impact, and improve the reliability of customer service. 3 -Plan SJ to reduce the City's ecological footprint and strives toward greater long term environmental sustainability for future generations and conserve energy and reduces energy use through sustainable Building design, alternative energy systems and reduced auto dependence SERVICE AND FINANCIAL OUTCOMES As previously indicated in M&C (2018-292 & 2018-194) The City of Saint John will receive a total grant up to $1 Million toward the total construction cost of the City Market Renovation Project as well as grant up to $125,000 toward the Climate Change Vulnerability Assessment. The City has already received approximately $780,000 of the total grant amount with the remaining fund to be submitted as part of the final disbursement. I' -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Finance and Administrative Services and Legal Departments have reviewed the attached Agreement and are satisfied with the recommendation as they pertain to their respective areas of services. ATTACHMENTS 1. Climate Change Vulnerability Assessment Methodology FCM Letter of Extension 2. Climate Change Vulnerability Assessment Methodology Acknowledgment Document 3. City Market Energy Upgrades FCM Letter of Extension 4. City Market Energy Upgrades Acknowledgment Document W President President Hill Karsten Councillor Halifax Regional munirip alil'y, INS First vice -President Premier vice-president Garth Frizzell CouncilkDr City of Prince Go(7rg BC' Second vice -President Deuxicme vice-presidente Joanne Vranderhoyden Mayor: Municipality of Strathroy C;araelnc, ON FtDOR maw_°',rN CANAD FUJIN rzn CANADIAN .r,CII STM C.�VIF:Id IAC IC3IF."!S, FCM114LJNiCiT`AL1TiE5 V7VJ'VV CIPAILVaE 26 June 2020 City of Saint John 15 Market Square Saint John, NB, E2L 4LI (via email) Re: Final Reporting — MCIP 15758 Grant Agreement (the "Grant Agreement") Project title: Climate Change Vulnerability Assessment Methodology Project start date: 01 Nov 2018 Project end date: 31 May 2020 Dear Samir Yammine, Thank you for participating in FCM's Municipalities for Climate Innovation Program; Third Vice -President Troisieme vice-president we are looking forward to receiving the results of the Project. The Project was I Darren Hill originally scheduled to complete 31 May 2020 with reports due on 30 June 2020. Councilkjr City of Saskatoon, SK In communication with FCM's MCIP team prior to the scheduled Project end date, Past President FCM was informed that the project will not be completed by the project end date, as Presidente sortant Vicki -May Il arum specified in the grant agreement, and consequently, delivery of the final reports will Maires e ' also be delayed. While the rationale for the delays is understandable, our agreement Villi* do Magog, CSC: with the Government of Canada obliges FCM to ensure that reports are received in accordance with grant agreements and that funding is disbursed in a timely manner. Chief Executive Officer Cheffe de la direction Carole Saab To that end, FCM has agreed to grant a one-time extension for the delivery of the Ottawa. a. "r' Project and its final reports under the following terms and conditions: 1. The revised Project End Date is 30 Nov 2020. 2. The revised Final Report Due date is 31 Dec 2020; 3. The revised Forecast Date of Disbursement is 31 Jan 2021; 4. All other terms and conditions of the Grant Agreement remain in force; and 5. The City of Saint John will complete and return the attached Acknowledgement (executed) on or before July 15th, 2020. In the event FCM does not receive the Acknowledgment executed by the date set 10, rue Rideau ,tet, out above, or in the event the Final Report is not delivered by the date set out above, Ottawa, Ontario FCM will consider its contractual compliance options which may include terminating Mailing address/ adresse postaile the Grant Agreement in accordance with its terms. 24, rue C.laranco,, St¢eet, Ottawa, Ontario KIN'SP3 T. 613-2,111 5221 F. 613-241-7440 www.fd rra oa AElI We look forward to receiving the Acknowledgment and the Project's Final Reports. Please do not hesitate to contact me at 613-907-6339 or jtaylor@fcm.ca, should you have any questions. Sincerely, a Jacquelyn Taylor Manager, Funding I Municipalities for Climate Innovation Program - MCIP JT:AM ARI ACKNOWLEDGEMENT Given in pursuance of extending the Final Report due date set out in the 26 Nov 2018 Grant Agreement between the City of Saint John (the "Recipient") and the Federation of Canadian Municipalities ("FCM") (the "Grant Agreement"). The Recipient, hereby acknowledges and agrees - 1 . grees: 1. The revised Final Report Due date is 31 Dec 2020; 2. The revised Forecast Date of Disbursement is 31 Jan 2021; and 3. All other terms and conditions of the Grant Agreement remain in force. Dated the day of� 2020. City of Saint John I have authority to bind the organization C�� ACKNOWLEDGEMENT Given in pursuance of extending the Final Report due date set out in the 26 Nov 2018 Grant Agreement between the City of Saint John (the "Recipient") and the Federation of Canadian Municipalities ("FCM") (the "Grant Agreement"). The Recipient, hereby acknowledges and agrees - 1 . grees: 1. The revised Final Report Due date is 31 Dec 2020; 2. The revised Forecast Date of Disbursement is 31 Jan 2021; and 3. All other terms and conditions of the Grant Agreement remain in force. Dated the day of tIR�, 2020. City of Saint John I have authority to bind the organization C-YA President President Hill Karsten Councillor Halifax Regional munirip alil'y, INS First vice -President Premier vice-president Garth Frizzell CouncilkDr City of Prince Go(7rg BC' Second vice -President Deuxicme vice-presidente Joanne Vranderhoyden Mayor: Municipality of Strathroy C;araelnc, ON FtDOR maw_°',rN CANAD FUJIN rzn CANADIAN .r,CII STM C.�VIF:Id IAC IC3IF."!S, FCM114LJNiCiT`AL1TiE5 V7VJ'VV CIPAILVaE 24 June 2020 City of Saint John 15 Market Square Saint John, NB, E2L 4LI (via email) Re: Final Reporting — MCIP 15404 Grant Agreement (the "Grant Agreement") Project title: Saint John City Market Energy Upgrades Project start date: 01 Sep 2017 Project end date: 31 Jan 2020 Dear Samir Yammine, Thank you for participating in FCM's Municipalities for Climate Innovation Program; Third Vice -President Troisieme vice-president we are looking forward to receiving the results of the Project. The Project was I Darren Hill originally scheduled to complete 31 Jan 2020 with reports due on 01 Mar 2020. Councilkjr City of Saskatoon, SK In communication with FCM's MCIP team prior to the scheduled Project end date, Past President FCM was informed that the project will not be completed by the project end date, as Presidente sortant Vicki -May Il arum specified in the grant agreement, and consequently, delivery of the final reports will Maires e ' also be delayed. While the rationale for the delays is understandable, our agreement Villi* do Magog, CSC: with the Government of Canada obliges FCM to ensure that reports are received in accordance with grant agreements and that funding is disbursed in a timely manner. Chief Executive Officer Cheffe de la direction Carole Saab To that end, FCM has agreed to grant a one-time extension for the delivery of the Ottawa. a. "r' Project and its final reports under the following terms and conditions: 1. The revised Project End Date is 31 Jul 2020; 2. The revised Final Report Due date is 31 Aug 2020; 3. The revised Forecast Date of Disbursement is 30 Sep 2020; 4. All other terms and conditions of the Grant Agreement remain in force; and 5. The City of Saint John will complete and return the attached Acknowledgement (executed) on or before July 15th, 2020. In the event FCM does not receive the Acknowledgment executed by the date set 10, rue Rideau ,tet, out above, or in the event the Final Report is not delivered by the date set out above, Ottawa, Ontario FCM will consider its contractual compliance options which may include terminating Mailing address/ adresse postaile the Grant Agreement in accordance with its terms. 24, rue C.laranco,, St¢eet, Ottawa, Ontario KIN'SP3 T. 613-2,111 5221 F. 613-241-7440 www.fd rra oa CKi We look forward to receiving the Acknowledgment and the Project's Final Reports. Please do not hesitate to contact me at 613-907-6339 or jtaylor@fcm.ca, should you have any questions. Sincerely, a Jacquelyn Taylor Manager, Funding I Municipalities for Climate Innovation Program - MCIP JT:AM C:1'] ACKNOWLEDGEMENT Given in pursuance of extending the Final Report due date set out in the 25 July 2018 Grant Agreement between the City of Saint John (the "Recipient") and the Federation of Canadian Municipalities ("FCM") (the "Grant Agreement"). The Recipient, hereby acknowledges and agrees: The revised Final Report Due date is 31 August 2020; 2. The revised Forecast Date of Disbursement is 30 Sep 2020; and 3. All other terms and conditions of the Grant Agreement remain in force. Dated the day of� 2020. I have authority to bind the organization ACKNOWLEDGEMENT Given in pursuance of extending the Final Report due date set out in the 25 July 2018 Grant Agreement between the City of Saint John (the "Recipient") and the Federation of Canadian Municipalities ("FCM") (the "Grant Agreement"). The Recipient, hereby acknowledges and agrees - 1 . grees: 1. The revised Final Report Due date is 31 August 2020; 2. The revised Forecast Date of Disbursement is 30 Sep 2020; and 3. All other terms and conditions of the Grant Agreement remain in force. Dated the day of tIR�, 2020. City of Saint John 11 pt�� ", Oi I have authority to bind the organization 71 Saint John Parking Commission Commission sur le stationnement de Saint John June 22, 2020 Jonathan Taylor Common Clerk City of Saint John 81" Floor, City Hall Saint John, NB Dear Mr. Taylor, SAINT JOHN TRANSIT & RE: Appointment of Hunter Reicker, Badge No.9973 Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be presented to Common Council for approval: "Resolved 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: Hunter Reicker, Badge No.9973. 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." Yours truly, �� 4, ,' I Marc Dionne General Manager Saint John Transit & Parking Commission IPC 11th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E2L 41 -Tel: (506) 632-7275 • E-mail: parking@saintjohn.ca 11 i6me Etage, Hotel de Ville, C.P. 1971, Saint John, N. -B. E2L 41-1 •TLSI: (506) 632-7275 • Courriel: parking@saintjohn.ca www.saintjohf-aa/parking COUNCIL REPORT M&C No. 2020-178 Report Date June 30, 2020 Meeting Date July 6, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement —June 2020 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Acting City Manager Kevin Loughery / Deputy Fire Chief Mike Jacqueline Hamilton Chris Roberts / Rob Carr Nichol RECOMMENDATION It is recommended that Common Council award the purchase of one (1) refurbished 2006 Aerial E -ONE HP 100 Quint apparatus at a total cost of $525,000.00 plus HST to Techno Feu Inc. EXECUTIVE SUMMARY The City manages a fleet of 14 heavy fire apparatus utilized by the Saint John Fire Department. Each year, the City's Fleet Services Division works with various City departments and commissions to identify and replace vehicles approaching or which have reached the end of their useful service lives. The purpose of this report is to make a recommendation to purchase this apparatus which requires Common Council approval. The City currently has over 82 vehicles and equipment past their optimal replacement point (ORP, a calculation based on the age of a vehicle, the odometer reading, overall condition and maintenance cost) and this year, vehicles (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. The aerial apparatus in this recommendation is to replace unit 045, a 1997 Rosenbauer America 109 Aerial apparatus with an ORP index of 29. Unit 045 is 01 -2 - currently one of three aerial apparatus utilized by the Saint John Fire Department via a rotational service. The lifetime maintenance cost for unit 045 is $178,976.43 with $77,622.62 representing the last three years of use. The escalating maintenance costs are expected to continue with continued operation. The tentative delivery date on the refurbished aerial apparatus is 60 days from issuance of a purchase order. The proposed unit is a refurbished 2006 Aerial E -ONE HP 100 Quint apparatus with a Cyclone II cab / chassis with seating for 5 and a medical cabinet, a Detroit Series 60 515HP engine with Allison EVS 4000 automatic transmission and the current odometer is 94,200 KM, as of June 17, 2020. The unit is an integral torque box type frame with a GVWR of 69,000 Ib. The unit also has an HP100 100' aluminum aerial device with 2.5 to 1 structural safety factor and a 500 Ib tip load in all positions and situations with a pinnable pre -piped waterway. In addition, the unit has criss-cross underslung outriggers with a jack spread of 12 feet, a Hale Q-MAX150-23 1500 USGPM pump, 480/20 USG water tank / foam tank, aluminum extruded body and side stacker hose bed. Techno Feu Inc. will provide an extensive refurbishment of the proposed unit including: • Esthetic work on cab (exterior/interior) and body — paint and corrosion repair • Cab interior seat material to be replaced • New tires on front and rear axles (10) mud and snow tread • Winter package on the pump module (heat pan with heater) • Discharge adaptors to meet Saint -John FD specifications • Safety upgrade for the main hose bed and transverse bed with the addition of a hard cover • Ladder test and all necessary maintenance • Pump test and all necessary maintenance • Foam system inspection and all necessary maintenance • New gauges, dual read for ULC compliance • Metric Dominant speedometer • Addition of a Fan Clutch on the engine instead of direct drive • Aerial Hydraulic swivel replacement • Aerial Hydraulic pump replacement The apparatus at the delivery will also include third party testing for the following items: • Aerial test and report by ULC, in addition to the dealer test and report • Pump test and report by ULC, in addition to the dealer test and report • Ground ladder PKG test and report third party • Breathing air bottle inspection report third party • Road inspection to the chassis compliant with Quebec law will be performed 74 -3 - As part of this complete refurbishment process, Techno Feu Inc. will also include a 3 -month warranty on all the main components including, engine, transmission and pump and support documents (Electronic manuals) will be included at the delivery of the apparatus. The Saint John Fire Department intends to contribute to the Fleet Reserve to support the future replacement of this unit. The funds for future replacement of this unit will be collected by the Fleet Services Division via the Fire Department Operating Budget. The appropriate funds will be allocated to the Fleet Reserve supporting a 10 -year asset life cycle of this unit. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2019/2020 capital budget. The funds specifically are provided for in the Fleet Reserve, funded from the operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — MATERIALS MANAGEMENT Notwithstanding the City's Procurement Policy, and given the circumstances of this acquisition (i.e. equipment availability, fleet requirements and advantageous pricing), Materials Management support the recommendation being put forth. ATTACHMENTS None W COUNCIL REPORT M&C No. 2020-179 Report Date June 30, 2020 Meeting Date July 06, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2020-20: Union Street (Civic #107 to Civic #117) —Storm Sewer Installation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Michael Hugenholtz / Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2020-20: Union Street (Civic #107 to Civic #117) — Storm Sewer Installation be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $127,696.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Premier Blaine Higgs has stated that construction activities shall continue and are not prohibited under the declaration of the State of Emergency in response to the COVID-19 pandemic. He has instructed, however, that the construction industry must work safely and follow measures as recommended by the Chief Medical Officer of Health. The purpose of this report is to recommend that Council award Contract 2020- 20: Union Street (Civic #107 to Civic #117) — Storm Sewer Installation to the low Tenderer. PREVIOUS RESOLUTIONS August 19, 2019 (M&C 2019-203): 2020 General Fund Capital Program approved. April 20, 2020 (M&C 2020-108): 2020 General Fund Revised Capital Program approved. NQ -2 - REPORT BACKGROUND The approved 2020 General Fund Capital Program includes funding for the installation of a new storm sewer on Union Street from Civic #107 to Civic #117 to allow for storm sewer separation. TENDER RESULTS Tenders closed on June 30, 2020 with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $ 127,696.00 2. TerraEx Inc., Saint John, NB $ 128,644.75 3. Galbraith Construction Ltd., Saint John, NB $ 147,971.65 The Engineer's estimate for the work was $ 102,284.45 including HST. /_1►/_1W,MW The tenders were reviewed by staff and all were found to be formal in all respects. 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. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2020 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor. The analysis is as follows: Budget $ 100,000.00 Project net cost $ 115,800.00 Variance (Shortfall) - $ 15,800.00 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. No -3 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The installation of the storm sewer on this section of Union Street will allow for the separation of storm and sanitary sewer flows. This new storm sewer will also support the planned residential/commercial development on lands located at the corner of Union Street and Wellington Row. The projected budget shortfall can be managed within the overall General Fund Capital Program envelope. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A N-11 ` �, �I ���' � L Cf j. ��,. a — — COUNCIL REPORT M&C No. 2020-171 Report Date June 25, 2020 Meeting Date July 06, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John Water — 2019 Annual Water Report OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason Brent McGovern I John Collin RECOMMENDATION It is recommended that Common Council direct Staff to submit the Saint John Water 2019 Annual Water Report Report to the Department of Environment and Local Government and Department of Health. EXECUTIVE SUMMARY Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment and Local Government (DELG), in collaboration with the Department of Health, these formal approvals set out standards for water treatment facilities, distribution systems and operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W-1510: Drinking Water Treatment and Distribution Facilities. This Approval to Operate was issued by the New Brunswick Minister of the Environment effective September 07, 2017, and expires September 06, 2022. The certificate of Approval to Operate is a regulatory tool designed around the multi -barrier philosophy. All municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. The standards set through the various conditions strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses the philosophy behind the need for strict regulation of systems supplying such a vital public service. 0611 -2 - ANNUAL REPORT Condition 25 (Approval W-1510) of the certificate requires submission of an Annual Report to the Department of the Environment and Local Government. The report provides pertinent technical and operating information to the Regulator on the City's water systems including: • Monitoring results (daily/weekly/monthly data such as free chlorine residual, turbidity, pH, temperature, iron, manganese, etc.) • Monthly water production • Operational highlights (significant incidents and system improvements, changes, or additions); • Alarm log - major alarms • Summary of backflow prevention and cross -connection activities; • Summary of flushing activities; • Operator information (training, certifications, and staffing changes); • Public relations (notifications & public education) • List of major new extensions and/or renewals complete with analytical results (microbiological, organic & inorganic) PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Budget. (M&C No. 2018-219) November 5th, 2018; 2019 Water & Sewerage Utility Operating Budget. (M&C No. 2018-298) STRATEGIC ALIGNMENT This report aligns with Council's priority for Sustainable City Services and Municipal Infrastructure. E:ii] -3 - BACKGROUND Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, while also balancing the necessity of ensuring the water is delivered to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease -causing micro-organisms (pathogens) or harmful chemicals. On going investments in the water system are necessary to address a large infrastructure deficit that exists. The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi -Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers, for instance: • Source (watershed and wellfield) Protection; • Drinking Water Treatment; • Operations and Maintenance (including staff training, development and staff levels); • Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping); • Distribution System (residual chlorine maintenance, total coliform sampling, E. coli sampling, water quality flushing, storage reservoirs, backflow prevention and cross connection control); and • Emergency Response ANALYSIS The Saint John Water — 2019 Annual Water Report, with all its attachments, consists of hundreds of pages of facts and data. Rather than table the full voluminous document with Common Council, a summarized version provided. A full copy of the report with all appendices is on file with the Common Clerk for review in advance of the July 6, 2020 meeting of Council. A full copy will also be made available on the City of Saint John web page Tuesday July 7, 2020. Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. In accordance with Condition 25 of the Approval to Operate, the annual water report is intended to provide the (DELG) with pertinent information relating to operation of the municipal water system. E:1iI lE Analytical Results The City of Saint John obtains its drinking water from primarily one watershed, and two wellfields, Loch Lomond (east), the South Bay Wellfield (west) and the Harbourview Wellfield. The quality of water in the lakes that make up the watershed is important to the final quality of treated potable water. To that end, Saint John Water analyzed raw water sources in the Loch Lomond Watershed from ten locations. Saint John Water also analyzes the raw water at each of the five production wells (3 West and 2 Harbourview). With the new Well system, there are also monitoring wells surrounding the wellfield which form part of the overall monitoring of the raw water. This raw water sampling is in addition to the water quality Sampling Plan approved by the DELG. The approved Water Sampling Plan from the DELG required that samples be collected weekly at thirty-five locations across the three water distribution systems and microbiologically analyzed. Twenty of the sites are required to be analyzed semi-annually for inorganic parameters and quarterly for organic parameters. In addition to the testing noted above, numerous other water parameters are tested routinely to monitor system safety and drinking water quality. Water Production - Spruce Lake and South Bay Wellfield Combined Annual water production (raw from Spruce Lake and potable from the South Bay Wellfield) during 2019 for the Spruce Lake / South Bay Wellfield system was approximately 39.9 billion litres, a decrease of 2.0 billion litres over 2018 annual Spruce Lake / South Bay Wellfield water production, which was 41.9 billion litres. A comparison of water production for previous four years can be seen in Table 1 below. Table 1: Annual Water Production (raw and treated) Spruce Lake / South 2019 39.9 -2.0 2018 41.9 +4.2 2017 37.7 -4.6 2016 42.3 8.1 2015 34.2 -3.5 In 2019, peak monthly production was 4.27 billion litres occurring in the month of July, which is 0.38 billion litres lower than the peak in 2018 as can be seen in Table 2. Table 2 also compares the previous four -year's peak production and the month in which it occurred. E:3► -5 - Table 2: Peak Monthly Production (raw and treated) - Spruce Lake/South 2019 4.27 -0.38 Jul 2018 4.65 +0.90 Jul 2017 3.75 -0.52 Aug 2016 4.27 -0.03 Sep 2015 4.30 -0.42 Jul Water Production: South Bay Wellfield Annual ground water withdrawn from the South Bay aquifer in 2019 was about 3.9 billion litres. This represents about a 4.6% reduction in consumption over 2018, which was 4.2 billion litres. 2019 marked the second full year water was pumped from the aquifer and delivered to customers after chlorination and orthophosphate treatment at the Spruce Lake Treatment Facility. Table 3 below breaks down the annual ground water withdrawn from the South Bay Aquifer by month including the peak volumes per month. Table 3: South Bav Wellfield - 2019 Water Production January 13.3 10.2 316.3 February 12.5 10.8 302.0 March 12.4 10.8 334.4 April 12.8 10.8 325.0 May 14.1 11.4 354.0 June 15.2 11.2 337.1 July 15.9 11.9 367.4 August 14.9 11.6 359.0 September 14.3 11.3 337.5 October 15.1 10.5 325.1 November 12.3 10.2 306.6 December 10.6 10.0 309.7 TOTAL 3,974.1 AVERAGE 10.9 331.2 Condition 2 in the City's Approval to Operate W-1510 indicates a maximum annual average pumping rate for the combined three production wells of 12.5 ML/day. It further states that the 12.5 ML/day operational pumping rate for the South Bay Wellfield is to be averaged over a running annual basis (i.e. a maximum of 4562.5ML pumped over 365 days). E:ic3 sib As can be seen in Table 3, a maximum of 3974.1 ML was pumped from the aquifer in 2019. This represents 87.1 % of the maximum allowable water pumped from the aquifer or 588.2 ML lower than the maximum allowable as per our Approval to Operate. Furthermore, the daily average pumping rate over the entire year is 10.9 ML/day which is lower than the 12.5 ML/day permitted within the Approval to Operate; therefore Saint John Water is compliant with condition 2 of the Approval to Operate. Figure 1 below illustrates the daily pumping rates for the three production wells along with the total of all three pumps (purple line). 17 16 15 14 12� 11 -cva 10 J 7 6 5re 4 177, i 0— � ��0+ e r..............��,�i rr ���� rr r � � r ren„��,���e��r Off' Off' Off' O� O, Off' 61” O," O,' 61" Off" O� O'� O� O� OHO 01 04' O°� �O tiN ti� ti0 ti� ti0 0 )C ti� ti� ti� ti0 ti� ti� ti0 ,LO ,LO ,ti0 ,LO ,y,ti0 ,y0 ,y0 South bay Wellfield Pump 1 Consumption (ML/day) Southbay Wellfield Pump 2 Consumption (ML/day) n °Southbay Wellfield Pump 3 Consumption (ML/day) Total Water Consumption (ML/day) Figure 1: 2019 South Bay Wellfield Daily Pumping Rates As shown in Figure 2, the water level in each of the three production wells is below the +lm amsl throughout 2019. As a result, Saint John Water is out of compliance with respect to Condition 27 of the Approval to Operate the Drinking Water System. Throughout 2019, Saint John Water has been diligently working with the Department of Environment and Local Government and Department of Health and others to find a solution to this issue and restore the water levels in the aquifer above the +1 amsl. After exploring various options, a decision was made to reduce the demand on the aquifer by removing some areas in west Saint John that are were serviced from the well field and suppling those areas with fully treated surface water from the Loch Lomond Water Treatment Facility. The plan was fully implemented in February 2020, which has reduced the water demand on the South Bay Wellfield. E:i! !IFR Figure 2: 2019 South Bay Wellfield Production Well Water Elevation Musquash Water System Supplemental Supply to Spruce Lake Watershed When the water level in the Spruce Lake surface water reservoir drops to approximately 60 metres amsl (above mean sea level), Saint John Water turns on the Musquash Pump Station to transfer water from the East Musquash watershed to Menzies Lake, part of the Spruce Lake Watershed. This inter -basin transfer is necessary to provide for the industrial demand and to assure adequate lake levels in Spruce Lake in times of low precipitation. A total volume of 12.805 billion litres was transferred during a total of 91 days of pumping in 2019. For comparison purposes, the previous four -year's inter -basin transfers are shown in Table 4 below. Table 4: Musauash — Menzies Lake Interbasin Transfer 2019 12.805 91 2018 16.007 111 2017 16.615 111 2016 23.726 182 2015 10.548 87 E:16'7 5:0 As can be seen in Table 4 above, the pumping volume and duration from the East Branch Musquash reservoir was lower than in 2018. It was anticipated that once the East water transmission main across the Reversing Falls Bridge was disconnected from the West system, as part of the Safe Clean Drinking Water Project, the reliance on Musquash for supplemental water would increase. However, due to increased levels of precipitation in 2019 the need to transfer water from Musquash to Menzies Lake was lower resulting a less pumping required to maintain sufficient water in the Spruce Lake surface water reservoir. Water Production: Loch Lomond System During 2019, annual water production for the Loch Lomond system (raw and treated) was 23.8 billion litres, a decrease of 3.7 billion litres over 2018 Loch Lomond water production, which was 27.5 billion litres. This decrease can be attributed to no water flowing across the Reversing Falls Bridge via the 900mm transmission main compared to 2018 combined with the rehabilitation of various water transmission and distribution pipes as part of the Safe, Clean drinking Water proj ect. For comparison purposes, Table 5 shows the total annual water production (raw and treated) for the previous four years. Table 5: 2019 Annual Water Production (raw and treated) — Loch Lomond 2019 23.8 -3.7 2018 27.5 -5.8 2017 33.3 +1.6 2016 31.7 -4.7 2015 36.4 +4.4 2019 Loch Lomond System Monthly Treated Water Production Annual treated water production for 2019 for the Loch Lomond system was approximately 13.7 billion litres, a decrease of 10.8 billion litres from 2018 water production, which was 24.5 billion litres. In 2019, peak daily treated water production was 52.9 ML a significant decrease from 2018 which was 137.5 ML. The completion of the Safe Clean Drinking Water Project allowed Saint John Water to supply the Irving Oil Refinery with raw surface water instead of treated water thus the significant decrease in potable water production. Monthly treated water production along with monthly peak daily water production volumes can be found in Table 6 and Figure 3 below. E:11.1 VM Table 6: Loch Lomond Svstem 2019 Treated Water Production' January 46.8 1,340.0 February 50.3 1,249.3 March 50.5 1,413.1 April 52.9 1,326.4 May 46.8 1,253.3 June 43.6 1,039.1 July 37.4 1,047.2 August 41.4 1,086.2 September 35.9 983.2 October 36.1 977.1 November 36.0 935.3 December 39.2 1,010.5 TOTAL 13,660.7 '(excludes raw water sent to Irving Paper) Figure 3: 2019 Loch Lomond System Monthly Treated Water Production CHEMICAL CONSUMPTION As part of the Safe, Clean Drinking Water project, the start-up of the new Loch Lomond Drinking Water Treatment Facility (LLDWTF) occurred on August 30, 2018. Due to this start-up, Saint John Water stopped the purchase and addition of chlorine gas at Latimer Lake shortly after the new treatment plant came on line. For chemical consumptions at the LLDWTF, Port City Water Services, the E:Yl .11 X11 ' 11 111 :11 .11 X11 'M 0111 Z Figure 3: 2019 Loch Lomond System Monthly Treated Water Production CHEMICAL CONSUMPTION As part of the Safe, Clean Drinking Water project, the start-up of the new Loch Lomond Drinking Water Treatment Facility (LLDWTF) occurred on August 30, 2018. Due to this start-up, Saint John Water stopped the purchase and addition of chlorine gas at Latimer Lake shortly after the new treatment plant came on line. For chemical consumptions at the LLDWTF, Port City Water Services, the E:Yl Rim company contracted to operate the facility for the next 29 years prepared a separate annual report related to the operation and maintenance of the facility as part of their Approval to Operate issued by the NBDELG. For the South Bay Wellfield groundwater system, 47.5 tonnes of sodium hypochlorite was used for the purposes of disinfection. The drop in chlorine usage for the West system compared to previous years is mainly due to the conversion from surface water to ground water in September 2017. Groundwater has a much lower organic content than surface water supplies and thus has much less chlorine demand. For comparison purposes, Table 7 illustrates chlorine consumption for the past five years. Table 7: Chlorine Consumption by Year 2019 0 47.5 2018 99.6 52.9 2017 129.4 133.9 2016 119.8 167.6 2015 171.5 175.2 2014 144.2 186.7 Orthophosphate Consumption In 2018, Saint John Water began treating the water with an orthophosphate solution to both the East and West water systems. Orthophosphates are commonly used in the water treatment industry to combat pipe corrosion by stabilizing the internal pipe scale. The orthophosphate solution is a NSF 61 certified product which means it has been approved to be used in potable water systems. A temporary orthophosphate dosing system was added to the West system in March 2018 and has continued to operate throughout 2019. Orthophosphate addition in the East system started in June 2018 at Latimer Lake Water Treatment Facility and continued throughout 2019 at the new Loch Lomond Drinking Water Treatment Facility. As part of the 30 year operating period of the LLDWTF by Port City Water Services, the City is responsible to purchase all orthophosphate which will be used as part of the City's overall corrosion control program. Furthermore, the City has the right to choose which orthophosphate product to use along with its dosing rate. As a result, the City purchased dry orthophosphate for use at the LLDWTF in 2019 which will reduce chemical costs. E:t:3 ENE For comparison purposes Table 8, illustrates orthophosphate consumption for the past year for both the East and West systems. Also included in Table 8 is the mass of dry orthophosphate product the City purchased for the LLDWTF. 2019 0 7,900 29,938 2018 8,000 7,000 14,515 OPERATIONAL HIGHLIGHTS Saint John Water manages its drinking water service based on the Multi -Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers. Source water (watershed and wellfield) protection is the first barrier. To aid in this, both Spruce Lake and Loch Lomond watersheds are protected under the Province of New Brunswick's Watershed Protection Area Designation Order. This order places various restrictions on the types of activities allowed on either the watercourse or surrounding land. In general, it is much less expensive to prevent negative impacts to watersheds than site remediation after an incident has occurred. In 2019, like previous years, we received various public concerns from home owners around the Loch Lomond watershed related to misuse and illegal dumping on city owned property. Operational staff increased surveillance in these areas and in some cases erected signs and barriers in the affected areas in an attempt to curtail these activities. Staff also removed several truckloads of garbage from these sites. Operational Highljyht Roberston Lake Dam and Raw Water Intakes E-lue -12 - past few years in an effort to mitigate any potential downstream effects the repair work on the dam may have. In addition, as part of the Safe Clean Drinking Water Project, the installation of three (3) new 1050mm raw water intakes were completed at Latimer Lake. These new intakes replace the two (2) previously existing concrete raw water intakes, which dated back to the late 1800's. Each new intake was furnished with a tee screen and an air burst cleaning system to assure the screens do not become plugged. Operational Highllyht Water Distribution In 2019, Saint John Water Staff responded to 39 water main breaks, 5 less than 2018. The mains ranged in size from 50mm to 300 mm in diameter. Also in 2019, Saint John Water did not experience any large transmission main failures. This was a direct result of the new installations as well as the rehabilitated portions of the transmission main system that were completed on the Safe Clean Drinking Water Project. Operator Training & Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. A detailed training and certification summary of the team at Saint John Water is included in the annual report. SERVICE AND FINANCIAL OUTCOMES Staff will be forwarding the Saint John Water 2019 Annual Water Report to the DELG and the Department of Health on behalf of the City of Saint John (Approval Holder). An electronic version of the full 2019 Annual Report will be made available on the City of Saint John web site. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 0I91 PiISI° Illllllh Illllllh I p lllllllh "-� °°1 CIC1101i,,11 li,,11 ITT lel E June 18, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision (Money -in -Lieu of Land for Public Purposes) 1726 Manawagonish Road The Committee considered the attached report at its June 16, 2020 meeting. Kirit (Manny) Patel, the applicant, appeared before the Committee via telephone conference and was in agreement with the recommendation contained in the staff report. No one else appeared before the Committee to speak in favour or against the application and one letter was received regarding the application. The City of Saint John After considering the report and the comments made by the applicant, the Committee recommended that Council accept money -in -lieu of Land for Public Purposes. RECOMMENDATION: That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 1726 Manawagonish Road (PID 00400713). Respectfully submitted, R Weaver Crawford Chair Page 1 of 1 91 The City of Saint. John Date: June 12, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: June 16, 2020 SUBJECT Applicant: Kirit Patel Landowner: Kirit Patel Location: 1726 Manawagonish Road PID: 00400713 Plan Designation: Stable Residential Existing Zoning: Two -Unit Residential (R2) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of land for public purposes in conjunction with the subdivision of land. EXECUTIVE SUMMARY The applicant is proposing to subdivide the subject site into two building lots. The proposed subdivision meets the requirements of the Zoning and Subdivision By-laws. Staff recommend the assent to money in lieu of Lands for Public Purposes for the proposed subdivision. Page 1 of 3 92 Kirit Patel 1726 Manawagonish Road June 12, 2020 RECOMMENDATION That Common Council authorize the acceptance of money -in -lieu of the required Land for Public Purposes for the proposed subdivision at 1726 Manawagonish Road. DECISION HISTORY There are no planning decisions related to the subject site. ANALYSIS Proposal The applicant is proposing to subdivide the property into two separate lots for future development. The proposed lots will be serviced and accused from Manawagonish Road. The proposed subdivision requires the assent to money in lieu of Lands for Public Purposes. Site and Neighbourhood The subject property is approximately 2520 square metres and is located along the north side of Manawagonish Road on the City's west side. A new dwelling is being constructed on site (Lot 2020-1) with former motel buildings located on the other proposed lot (Lot 2020-2). The applicant is proposing to subdivide the site into two lots for future development. The surrounding area is largely residential with single -unit development on lots zoned One -Unit Residential (R1) and Two -Unit Residential (R2). A garden centre and produce stand is located west of the site opposite an undeveloped Public Street right-of-way, with a veterinary clinic and office building located further to the east along Manawagonish Road. These commercial sites are zoned Local Commercial (CL) and General Commercial (CG). Municipal Plan and Rezoning Municipal Plan The site and surrounding area are designated Stable Residential in the Municipal Plan and the proposed subdivision conforms to the intent of this land use designation. Zoning and Subdivision By -Law The proposed lots meet the requirement of the Two -Unit Residential (R2) zone and requirements of the Subdivision By -Law. The site is bounded to the west by an undeveloped Public Street that was created in the 1950's when this area was part of the former City of Lancaster. Subparagraph 4.1(1) 0) of the Zoning By-law prohibits the use of an undeveloped future street to access a lot. The applicant has indicated the lots will be serviced and accessed from Manawagonish Road. Given this, there are no upgrades required to the adjacent undeveloped street through either the Subdivision or Zoning By-laws to support the development. Page 2 of 3 93 Kirit Patel 1726 Manawagonish Road June 12, 2020 As a condition of the Subdivision Approval, the Development Officer will require notations on the Final Plan of Subdivision regarding servicing and access to the lots being from Manawagonish Road. The Community Planning Act states that the creation of a new lot must include a dedication of Land for Public Purposes, or money -in -lieu of land, which requires the Committee and Council to consider accepting. Given the direction of the City's Subdivision By-law, staff recommends that Council receive money -in -lieu of Land for Public Purposes. Conclusion The proposed subdivision meets the intent of the Municipal Plan. Consistent with the direction established in the Subdivision By-law, Staff recommends that Council accept money -in -lieu of Land for Public Purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 5, 2020. APPROVALS AND CONTACT Author I Manager Mark Reade, P.Eng., MCIP, RPP I Ken Melanson , BA, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 20-080 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Submission 1: Tentative Plan of Subdivision Page 3 of 3 94 GO 00 - m cpF-??�- El NO VNE @ e / 0 .<i` gay / m § ! 0 / EO N § t � 04 _ ® N $ \ \ U) ©k \ UM y eo � � � � > � r e � / m \ a e \ 5 < s 5 s \ \ \ \ \ \ \ y � � / \ » c \ \ . 0 / / \ \ ■ \ 3 2 / \ \ © \ 0 k / © m \ \ 2 / CL „m” � f'!JI'? „?«'a '" `ri' rrt a"�' ,.. .:>„ gr &Ww)'a.. 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Ihr ,. :� W. ,r Aaai,, d El Coo ON N C!� M rn rn SCM tm co Ifni MMM EME 0 loll - CL E co O L O O O) co co C co E O L U) O I co O L O .E O O) co co C co O co F. * N o C: a) C!� � 0 a) Z< Z (n Z V 5 <J w Q w Z 0 J d LL w U Q d Lz W J � o z ooh ° Uw LL wwQmzzo� z o a Z Q Q o � w �w O Q� LU LU cy � [if [if [If D D Z Q J 0 U) � Q U co O*OmOaOa s`z Z li vw N j From: Rose Grasse To: Reade. Mark Subject: Proposed Sudivision, 1726 Manawagonish Road Date: June 9, 2020 5:06:57 PM Hi Mr. Reade I would like to know if there is anything being built on this lot. We live directly behind the lot . We live on Clearview Row.The only concern that we have at this time is our view being blocked off. Please send me info so we can attend the Committee meeting on June 12,2020 at 500pm. Thank you. Basil and Rose Grasse. `[oya °1 Illllllh Illllllh p lllllllh °°p pu° �I 1111111.°1161111 I�u° CIC'101,,,11 li,,11 ITT E IIIIIII..:.J June 18, 2020 The City of saint John His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Money in -lieu of Land for Public Purposes 340 Gault Road The Planning Advisory Committee (Committee) considered the attached report at its June 16, 2020 virtual meeting. The staff planner, Mark O'Hearn of Growth & Community Planning, provided a presentation outlining the report and recommendation. The applicant, Edward DeSaulniers, appeared before the Committee in agreement with the staff report and recommendation. No one else spoke on this matter, and no correspondence was received from the public about this application. After considering the matter, as recommended by staff, the Committee resolved to recommend to Common Council the acceptance of a money in -lieu of Land for Public Purposes dedication. RECOMMENDATION: That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Thorne Subdivision at 340 Gault Road. Respectfu ly ubmitted, y-__ _ZLLL Alex Weaver Crawford Chair Page 1 of 1 `DIV The City of Saint John Date: June 12, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: June 16, 2020 SUBJECT Applicant: DeSaulniers Surveys Inc. Landowner: Eric & Jocelyn Thorne Location: 340 Gault Road PID: 00414086 Plan Designation: Low Density Residential Zoning: One -Unit Residential (R1) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the acceptance of money in -lieu of Land for Public Purposes dedications. EXECUTIVE SUMMARY The property owner is proposing to subdivide the property at 340 Gault Road into two residential lots. The acceptance of a money in -lieu of Land for Public Purposes dedication is recommended. Page 1 of 4 104 DeSaulniers Surveys Inc. 340 Gault Road June 12, 2020 RECOMMENDATION That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Thorne Subdivision at 340 Gault Road. DECISION HISTORY On June 5, 2001, the Planning Advisory Committee granted a variance to allow a garage to be constructed at 340 Gault Road with an approximate height of 6.3 metres. At that time, the Zoning By-law restricted residential garages to a maximum height of 4.3 metres. In comparison, the current Zoning By-law permits a maximum height of 6 metres. ANALYSIS Proposal The property owner is proposing to subdivide the property at 340 Gault Road into two residential lots (Submission 1). Lot 2020-1 contains an existing dwelling and garage served by on-site services. The new building lot, Lot 2020-2, is to the north at a lower elevation than the existing dwelling and garage. This new lot will be served by municipal water (currently under construction) and an on-site sewage disposal system acceptable to the Province of New Brunswick. The proposed lots are similar in area and frontage as other properties in the neighbourhood. Initially, the applicant proposed to create the Lot 2020-2 with an area of 4106 square metres. However, this included an irregular common property boundary between Lots 2020-1 & 2002-2. At the direction of the staff, a revised tentative plan has been submitted showing an area of 3088 square metres for Lot 2020-2 with a more perpendicular common property boundary between these proposed lots that reflects the topography (Submission 2). Site and Neighbourhood The property is adjacent to Gault Road in West Saint John (Map 1). As mentioned, there is an existing dwelling and garage situated in the southern portion of the property (Lot 2020-1) (Map 4 & Attachment 1). The remainder of the property is treed and the norther portion (Lot 2020-2) is at a lower elevation. A power transmission line runs through part of the northern portion of the property. The Hayes Avenue and Alvic Place neighbourhoods are to the north and south, respectively. The Monte Cristo Park Subdivision (Elba Boulevard, Valentine Boulevard, Corisca Court, and Dantes Drive) is to the southwest. Municipal Plan The Municipal Development Plan (Municipal Plan) has designated the property as Low Density Residential (Map 2). It is located within a Low Density Intensification Area. Policy LU -56 encourages a limited range of housing types with an emphasis on single detached, semi- detached and duplex dwellings. Policy LU -57 seeks a gross residential density per net hectare Page 2 of 4 105 DeSaulniers Surveys Inc. 340 Gault Road June 12, 2020 of not less than 20 units per net hectare and not more than 45 units per net hectare.' Consistent with the Municipal Plan, the zoning permits the construction of a one -unit dwelling on the proposed new building lot (Lot 2020-2). Land for Public Purposes The Subdivision By-law requires ten percent of the area of a proposed subdivision to be vested to the City as Land for Public Purposes (LPP). Such land dedications must be assented to by Common Council (Council). However, at the discretion of Council, a money in -lieu of LPP dedication may be accepted. The Subdivision By-law encourages the assent of proposed LPP dedications that involve a pedestrian walkway between streets or land required to support the City's Trails and Bikeways Strategic Plan. Otherwise, the Subdivision By-law encourages the acceptance of money in -lieu of LPP dedications for subdivisions that do not offer these benefits. This approach is supported by The City of Saint John Parks and Recreation Strategic Plan (PlaySJ) and the Parks and Recreation service area. Since the proposed subdivision does not meet the land dedication requirements of the Subdivision By-law, staff is recommending the acceptance of a money in -lieu of LPP dedication. The Community Planning Act (Act) requires that money in -lieu of LPP dedications represent eight percent of the market value of the unimproved land at the time of subdivision. In the case where Lot 2020-1 has already been developed, this amount will be determined based on the estimated unimproved land value of the proposed new lot (Lot 2020-2). The Act also requires that money in -lieu dedications be deposited into a special account and that Common Council expend the money for "acquiring or developing land for public purposes2 and for no other purpose." Zoning and Development Officer Variances The subject property is zoned One -Unit Residential (R1) (Map 3). The proposed subdivision can satisfy the lot standards of the Zoning By-law, except for a reduction to the minimum lot depth requirement of 30 metres to approximately 26.03 metres for proposed Lot 2020-2. This is an existing characteristic of the subject property. The majority of Lot 2020-2 will exceed this by-law standard. The Development Officer (designate) will consider this minor variance. It should be noted that section 8.3 of the Zoning By-law does not allow the inclusion of more than half of the area of an overhead power transmission line right-of-way when calculating lot area. Technically, proposed Lot 2020-2 has an area of 2388 square metres, which exceeds the required minimum lot area of 460 square metres. ' Density shall not be calculated on a property by property basis, but shall be calculated in the Intensification Area as a whole (Municipal Development Plan, Policy LU -57, 2020). 2 Land for public purposes means land, other than streets, for the recreational or other use or enjoyment of the general public (Community Planning Act, 2018). Page 3 of 4 106 DeSaulniers Surveys Inc. 340 Gault Road June 12, 2020 As previously mentioned, Lot 2020-2 will be served by new municipal water, but will need to be developed with an on-site sewage disposal system until such time that municipal sewer is extended. According to the applicant, the landowner has already obtained permission to allow the sewage disposal system (field), if necessary, to encroach within the adjoining transmission line right-of-way. Conclusion The Subdivision By-law encourages the acceptance of a money in -lieu of LPP dedication for the proposed subdivision, which is being recommended by staff. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 5, 2020. APPROVALS AND CONTACT Author Manager Mark O'Hearn, CPT Ken Melanson , BA, MCIP, RPP Contact: Mark O'Hearn Telephone: (506) 649-6075 Email: Mark.OHearn@saintjohn.ca Application: 20-0070 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Submission 1: Thorne Tentative Subdivision Plan (RO) Submission 2: Thorne Tentative Subdivision Plan (1111) — Revised Page 4 of 4 107 - -, m /0 vo El C: 0L =N 0- o o 1.0 oc� cu'r- >1 0 oa C) wo 9 -- , if / vo El C: 0 = N 00 -)N oc� CU C/) '4- M 0 M 0 F- .2 :L- 0 C: 0 C: 0') 0 .2 t a) Cf) ca LLI ow 75 76 N co m2 U) a) �2 U) a) :D :D 75 0 El El EO oq -)q cu U) M 0 UM e� � p0 U U ZZ 00 00 cl w 0 M z z U) (C) d i' coOOwCY) co C) 00 o C::) It oww~—M oxxz00� Oww<wO d 0 0 J O m i 'N E N ��-�53 Q �o�.�6a X00 ' H Q 'W O ry ' J Q i O / i 15� g6 66o 1 ' O LU ' >w J Q> > 0 0 w CJ Q o Q 0 ocl QbO 'I-L(:7144�l'7nb 0 ZU w 50- U) cn cn 00 tiS i d rrJ � 00 w UU ZZ 00 UU N 0 N m E 0Z �ZZU)coQ — oo O O w M a aoU U J ao cp � � !z: � M Op 0 0 Lu 0 O w w Q w 0 d 0 0 J 0 m w a� o p�dU) o +O J o i N w fA (BO UU C U O i C� (0 U U�-O —:F (B E w i U (0 (B N N (0 -0 (n O C >, — _ N O i Q N Q O_ E _ 7 cod _ . OEcO C U+' L O N C O U i E c c e UQ)) (0 U N a N U N Qoco0�O �cu>'i N O Ncu o o= -O— O- i > O CO (0 i O O -0— L O c > Z o o o i Q 0 L ciaia��oa� i i i i i d rrJ � 00 w UU ZZ 00 UU N 0 N m E 0Z �ZZU)coQ — oo O O w M a aoU U J ao cp � � !z: � M Op 0 0 Lu 0 O w w Q w 0 d 0 0 J 0 m w a� o p�dU) o +O J o U) N w fA (BO UU C U O i C� (0 U U�-O —:F (B E w i U (0 (B N N (0 -0 (n O C >, — _ N O Q N Q O_ E _ 7 cod _ . OEcO C U+' L O N C O U E a E c c e UQ)) (0 U N a N U N Qoco0�O �cu>'i N O Ncu o o= -O— O- i > O CO (0 i O O -0— L O c > Z o o o i Q 0 L ciaia��oa� i i d rrJ � 00 w UU ZZ 00 UU N 0 N m E 0Z �ZZU)coQ — oo O O w M a aoU U J ao cp � � !z: � M Op 0 0 Lu 0 O w w Q w 0 d 0 0 J 0 m w a� o p�dU) o +O J o U) N w fA (BO UU C U O 0— N m C� (0 U U�-O —:F (B E w / i U (0 (B N N (0 -0 (n O C >, — _ N O Q N Q O_ E _ 7 cod _ . OEcO C U+' L O N C O U E a E c c e UQ)) (0 U N a N U N Qoco0�O �cu>'i N O Ncu o o= -O— O- i > O CO (0 U) -0� — fA . O N O O -0— L O c > Z o o o c— Q 0 L ciaia��oa� LL Z U w p�dU) wu U) a Q / i i O �' i i i i i i i � � J >w q>_ } ar ry 0 0 " \\ co S -3/&V I &b� Nl�IM �l*7nb °ct 1100 00 tis i r N N r c J Z U w p�dU) wu U) a 1100 00 tis i r N N r c J June 18, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 1739 Grandview Avenue On May 25, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 16, 2020 meeting. The staff planner, Kenneth Melanson of Growth & Community Development Services provided a presentation outlining the report and recommendation. The City of saint John The applicant, Patrick Hunter, appeared before the Committee in agreement with the staff report and recommendation. He also provided additional details on the proposal and responded to questions of the committee. The committee raised concerns regarding the proposed condition 2(d), a condition retained from the previous set of condition prohibiting outdoor storage of materials. Committee noted that some outdoor storage of used tires materials was occurring. Mr. Hunter explained that this storage was temporary and did not occur for long periods and was typical due to times when the materials were picked up. Committee was concerned that this condition could causes issues for the applicant in the future. Through discussions with the applicant and Staff, Committee amended the condition to allow some temporary outdoor storage but in a manner that it is screened. Committee recognized that the existing hedge screen more than likely provided sufficient adequate screening from neighbouring sites to achieve this updated condition. The committee also raised questions to staff regarding the paving regulations in this zone for this specific use. No one else spoke on this matter at the meeting. No letters of support or concern were received. Page 1 of 3 115 Patrick Hunter 1739 Grandview Avenue June 18, 2020 After considering the matter, as recommended by staff, the Committee resolved to recommend to Common Council to remove the existing Section 39 (now 59) conditions and impose new conditions found in the staff report, with the amended condition (2d) for outdoor storage which is updated in the recommendation below. RECOMMENDATION: That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the September 8, 1997, rezoning of the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID Number 55121420. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID Number 55121420: (a) The maximum number of dwelling units allowed on the parcel is two; (b) Mobile signs are not permitted on the site; (c) No derelict vehicles are permitted on the site; (d) Temporary outdoor storage of parts or materials should be screened from public view; (e) The existing vegetation is to be retained and maintained for screening purposes; (f) That the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (g) That the above elevation and site plans be attached to the permit application for the development of the parcel of land. 3. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, 09) the following conditions upon the development and use of the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID number 55121420, and that the subject lands be restricted to the following purposes identified in the Rural General Commercial (CRG) zone of the City of Saint John Zoning By-law: Page 2 of 3 116 Patrick Hunter 1739 Grandview Avenue June 18, 2020 a. That the use of the lot be limited to the following uses as defined in the Zoning By-law: Dwelling Unit, subject to paragraph 11.11(3)(b) of the Zoning By- law; • Vehicle Repair Garage; and • Vehicle Sales, Incidental. Respectfully submitted, 7exWeaver Crawford Chair Page 3 of 3 117 The City of Saint John Date: June 12, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: June 16, 2020 SUBJECT Applicant: Patrick Hunter Landowner: Patrick & Tanya Hunter Location: 1739 Grandview Avenue PID: 55121420 Plan Designation: Rural Residential Existing Zoning: Rural General Commercial (CRG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee recommendation at a public hearing on Monday, July 6, 2020. EXECUTIVE SUMMARY This application is to amend conditions put in place in 1997 that limit the use of the property to a residential dwelling and an auto repair shop. The property owner has indicated a desire to open a small car sales lot, which would be considered "vehicle sales, incidental" — a listed use in the Page 1 of 5 118 Patrick Hunter 1739 Grandview Avenue June 12, 2020 Rural General Commercial (CRG) Zone. Due to the current restrictions from the conditions imposed in 1997, this use cannot occur and so the relevant condition must be amended in order for the use to proceed. Staff recommend removal of all of the original conditions and implementing only those conditions relevant to the current proposal. RECOMMENDATION That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the September 8, 1997, rezoning of the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID Number 55121420. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID Number 55121420: (a) The maximum number of dwelling units allowed on the parcel is two; (b) Mobile signs are not permitted on the site; (c) No derelict vehicles are permitted on the site; (d) No outdoor storage of parts or materials is permitted on the site; (e) The existing vegetation is to be retained and maintained for screening purposes; (f) That the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (g) That the above elevation and site plans be attached to the permit application for the development of the parcel of land. 3. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c19) the following conditions upon the development and use of the parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID number 55121420, and that the subject lands be restricted to the following purposes identified in the Rural General Commercial (CRG) zone of the City of Saint John Zoning By-law: a. That the use of the lot be limited to the following uses as defined in the Zoning By-law: • Dwelling Unit, subject to paragraph 11.11(3)(b) of the Zoning By-law; • Vehicle Repair Garage; and • Vehicle Sales, Incidental. Page 2 of 5 119 Patrick Hunter 1739 Grandview Avenue June 12, 2020 DECISION HISTORY At the September 8, 1997 meeting of Common Council, third reading was given to a rezoning of the parcel from One- and Two -Family Suburban Residential (RS -2) to General Business (B-2). With this rezoning, a number of Section 39 (now 59) conditions were imposed to allow the addition of an auto repair shop to the site. These included limits on hours of operation, no outdoor storage and retaining existing vegetation for screening. ANALYSIS Proposal This proposal is to remove an existing Section 39 (now 59) conditions on the subject parcel limiting the use of the lands to residential development and an auto repair shop. The applicant is seeking to add a small vehicle sales area, which would be considered "Vehicle Sales, Incidental" and is a listed use in the Rural General Commercial (CRG) zone but restricted due to the conditions in place. Removing the condition limiting the use of the property, would allow the applicant to apply for this additional use, which is a logical extension of the existing vehicle repair garage. The Zoning By-law would limit the number of vehicles sold on the site to no more than five. Site and Neighbourhood The subject site is located in eastern Saint John in a rural area north of Heather Way, adjacent to the east of the Little River Reservoir. The site is adjacent to the point where Grandview Avenue and Hickey Road meet and become Latimore Lake Road. Most of the buildings adjacent to the site a rural residential in nature, although there is an existing multi -unit building across the street. The neighbouring dwelling at 1721 Grandview Avenue also has planning approvals to operate an auto repair garage through Section 39 (now 59) conditions (approved in 1995). As this area does not have municipal services (sewer or water), all of the residential lots are large as they have on site septic and well systems. Municipal Development Plan and Rezoning Schedule `B' (future land use) of the Municipal Plan designates the site as Rural Residential as this is an existing lot located just outside of the Primary Development Area (PDA — approximately 483 metres). The Plan contemplates commercial land uses in the Rural Residential land use designation where they are able to complement the residential character of the neighbourhood. A detailed analysis of policy 1-2 is provided in Attachment 2. The Plan directs Council to consider the need to protect the character of the rural residential areas of the City when new land uses are proposed. Introducing land uses which may be overly intensive into a rural area can create negative consequences to the rural residential context. However, the inclusion of some commercial land uses can help strengthen a rural neighbourhood by introducing appropriate and complementary commercial options to serve the needs of rural residents, or provide small-scale employment for residents. This issue was central to the decision to allow the rezoning in 1997, as the existing B-2 zone (from the previous Page 3 of 5 120 Patrick Hunter 1739 Grandview Avenue June 12, 2020 Zoning By-law) along with the imposed conditions limited the impact of the additional of the vehicle repair garage. Allowing the addition of incidental vehicle sales is a logical extension of this use, as these two uses tend to accompany each other in both urban and rural contexts. Providing an opportunity for the existing business to expand may intensify the site, but only to those limits, which respect the Rural General Commercial (CRG) zone and are appropriate to the rural context (limit of sales to no more than five vehicles). In addition, a number of the previous conditions from the 1997 rezoning are proposed to be retained with this application. A new condition to limit the site to the vehicle repair garage, incidental vehicle sales and existing residential development is also proposed. This allows the expansion of uses (as proposed), however puts in place controls so that the site does not intensify beyond a level that would cause potential negative impacts to the rural residential context without engaging in a public process (condition amendment). The proposed vehicle sales location is an existing portion of the paved driveway, which is screened from the street by an existing hedge, which wraps around the front and sides of the property. This hedge has been in place since the 1997 rezoning and should adequately screen the site from neighbouring properties. The added use of vehicle sales should have minimal impact to the surrounding road network and traffic volumes. Signage is regulated to no more than 12 square metres in cumulative sign face (7.5 square metres if one sided) and no greater than the height of the zone (in addition to no mobile signs condition retained from 1997 rezoning). Staff have also examined our records to determine if there had been any enforcement complaints on the site, which may be an indication of incompatibility of the existing use and potential issues for further expansion. Staff found no previous complaints on the site, which would lead to this conclusion. Conclusion The proposed condition amendment to allow the expansion of commercial uses on the site to include `vehicle sales, incidental' is a reasonable and logical expansion of the current `vehicle repair garage' use. The proposed conditions with this application (which include retention of previous conditions from the 1997 rezoning and new conditions) will help limit the impacts of this use expansion and limit the impacts on the rural residential context. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Proponent During the course of the application, Staff encouraged the applicant to reach out to neighbours and advise them of the proposal. Page 4 of 5 121 Patrick Hunter 1739 Grandview Avenue June 12, 2020 Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 5, 2020. The rezoning was posted on the City of Saint John website on June 12, 2020. APPROVALS AND CONTACT Author I Commissioner Ken Melanson, BA, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Ken Melanson Telephone: (506) 721-8694 Email: Ken.Melanson@saintjohn.ca Application: 20-0084 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: 1997 Section 39 (now 59) conditions Submission 1: Site Plan Page 5 of 5 122 El (Y) N El N F c s2 0 C: 0 C3 c s2 a> cn 13 v * C 0 N N C C!� C: C3 M LO N I + rH err . 77 I + rH err . * 0 04 N C!� C: C3 M Attachment 2 — Municipal Plan — Policy 1-2 Analysis Policy: Comments: In considering amendments to the Zoning The proposal is in conformity of the goals and Bylaw or the imposition of terms and intent of the Municipal Plan — Rural conditions, in addition to all other criteria set Residential designations are intended to out in the various policies of the Municipal allow limited commercial services to support Plan, have regard for the following: rural residents. The CRG zone achieves this intent by limiting the types of uses while a. The proposal is in conformity with the minimizing the impact on the rural residential goals, policies and intent of the character. Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or The proposal is a logical extension of an inappropriate by reason of: existing Rural General Commercial use i. Financial inability of the City to (repair garage). This site is not on Municipal absorb costs related to development Services and the addition of auto sales and ensure efficient delivery of should have minimal impact to the road services, as determined through network. There are no heritage buildings or Policy I-7 and I-8; heritage areas in the nearby area. ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy of proximity of school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on Appropriate conditions have been proposed any proposed development where with this application, in addition to limits necessary to reduce any conflict with established in the CRG zone on the size of adjacent land uses by reason of: the Vehicle Sales — Incidental Use (no more i. Type of use; than 5 vehicles). ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms The site is flat and is not prone to flooding or of steepness of grade, soil and would impact any watercourses or wetlands. geological conditions, locations of Page 1 of 2 1N81:3 watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e. The proposal satisfies the terms and Not applicable. conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary The proposal should be able to meet all public health and safety applicable provincial health and safety considerations. regulations. Page 2 of 2 iWO-1 Attachment 3 — Section 39 (now 59) Conditions Excerpt from By-law C.P. 100-444 package, as approved and signed by the Common Clerk "Resolved that the by-law entitled, "By-law Number C.P. 100-444 A Law to Amend the Zoning By-law of the City of Saint John", insofar as it concerns re -zoning a parcel of land known as 1739-1745 Grandview Avenue (NBGIC Number 55121420), from "RS -2" One — and Two -Family Suburban Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be subject to the following conditions: (a) the use of the property shall be limited to residential and an auto repair shop; (b) the hours of operation are limited to Monday through Friday, 8 a.m. to 6 p.m. and Saturday, 8 a.m. to 1 p.m.; (c) mobile signs are not permitted on the site; (d) no derelict vehicles are permitted on the site; (e) no outdoor storage of parts or materials; (f) no expansion to the repair garage except for the construction of an office waiting room of an approximately 12 by 20 foot addition; and (g) the existing vegetation is to be retained and maintained for screening purposes." `Bill Submission 1 — Site Plan 131 Pqq L U I to u LO co co CU N a i M OR M I Lli I 0 I I w u 0 a 13 r -I r -I cn 0 C6 cn cncn c� CU 0-0 N rl co rl O ca d O v as L U a a PROPOSED SECTION 59 AMENDMENT RE: 1739 GRANDVIEW AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending Section 39 Conditions at its meeting to be held via web conference on Monday, July 6, 2020 at 6:30 p.m., by: Amending the Section 59 conditions imposed on September 8, 1997 rezoning of a parcel of land having an area of approximately 4,114 square metres, located at 1739 Grandview Avenue, also identified as PID No. 55121420, to permit a revised proposal. REASON FOR CHANGE: PROJET DE MODIFICATION L'ARRETE DE L'ARTICLE 59 OBJET: 1739, AVENUE GRANDVIEW Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, par conference Web le lundi 6 Juillet 2020 mai A18h30: Modification des conditions imposees au rezonage de Septembre 8, 1997, d'une parcelle de terrain d'une superficie d'environ 4114 metres carres, la propriete situee au 1739 Avenue Grandview, et portant le NID 55121420, pour permettre la presentation d'une proposition revisee. Amend conditions restricting the use of property to allow for incidental vehicles sales. RAISON DE LA MODIFICATION: Modifier les conditions limitant ('utilisation de la propriete pour permettre la vente fortuite de vehicules. [N/ For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb Written objections to the amendment may be sent to the undersigned at City Hall or via email at commonclerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent etre consultees en ligne A https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse cpm!m!onclg.irk.@saiu�tiohu�.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 M111.13 PHO June 18, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 134 Taylor Avenue On May 25, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 16, 2020 meeting. The staff planner, Kenneth Melanson of Growth & Community Development Services provided a presentation outlining the report and recommendation. The City of Saint john The applicant, Rick Turner of Hughes Surveys and Consultants, appeared before the Committee in agreement with the staff report and recommendation. He also provided additional details on the proposal and responded to questions of the committee. The committee raised concerns regarding public engagement. Currently, PAC rules and procedures currently state: "Property owners within 100 m of a property which is the subject of an application shall be notified by mail or personal delivery, of the meeting time, date, location of the meeting and nature of the application that will be considered." The majority of the surrounding community rent their homes — and would not directly receive any notice regarding this development. Additionally, in light of the public health order and requirements of social distancing the applicant, on advice from city staff, put up 2 signs on subject property to inform neighbours. The signs provide contact information for inquiries and as of the Committee meeting date they had not received any inquiries. While supportive of the proposal, Committee felt that additional engagement with residents would be appropriate between Committee and Council. The applicant agreed to undertake additional engagement between Committee and the Council public hearing. Page 1 of 3 152 Hughes Surveys & Consultants 134 Taylor Avenue June 18, 2020 No one else spoke on this matter at the meeting. No letters of support or concern were received. After considering the matter, as recommended by staff, the Committee resolved to recommend to Common Council to remove the existing Section 39 (now 59) conditions and impose the recommended new conditions in the Staff report. RECOMMENDATION: 1. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the April 22, 1985, rezoning of the parcel of land having an area of approximately 13,280 square metres, located at 134 Taylor Avenue, also identified as PID Number 00046375. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 13,280 square metres, located at 134 Taylor Avenue, also identified as PID Number 00046375: (a) That the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, a phasing plan, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping (including tree and shrub species and quantities), amenity spaces, signs, exterior lighting, and other such site features; (b) That the development and use of the amenity space be in accordance with detailed site plans and designs, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of seating areas, recreational equipment and other such amenity space features; (c) That the requirements in conditions (a) and (b) be attached to the permit application for the development of the parcel of land; (d) The proposed amenity space noted on the site plans and referenced in condition (b) is to be constructed and completed once occupancy of phase 2A has occurred; and (e) Prior to the commencement of any such development, the developer must obtain the City's written opinion that it's municipal infrastructure including, but without limiting the generality of the foregoing, storm and sanitary services as well as water service, has adequate capacity to accommodate such proposed development. This condition is applicable to all phases and future subdivisions of PID 00046375. Page 2 of 3 153 Hughes Surveys & Consultants 134 Taylor Avenue June 18, 2020 Respectfully submitted, Zex-Waeaver Crawford Chair Page 3 of 3 154 The City of Sint John Date: June 12, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: June 16, 2020 SUBJECT Applicant: Hughes Surveys and Consultants Landowner: VIVA Developments Inc. Location: 134 Taylor Avenue PID: 00046375 Plan Designation: Low to Medium Density Residential Existing Zoning: Mid -Rise Residential (RM) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee recommendation at a public hearing on Monday, July 6, 2020. EXECUTIVE SUMMARY This application is to amend conditions put in place in 1985 that limit the use of the property to "the facilities of the Animal Rescue League". A developer who is interested in proceeding with a multi -residential development has recently purchased the subject site. In order to enable the Page 1 of 6 155 Hughes Surveys & Consultants 134 Taylor Avenue June 12, 2020 proposal to proceed, the existing condition must be removed. The proposed multi -residential development is allowed under the current zoning of the site, which is Mid -Rise Residential (RM) and so no rezoning would be required. RECOMMENDATION That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the April 22, 1985, rezoning of the parcel of land having an area of approximately 13,280 square metres, located at 134 Taylor Avenue, also identified as PID Number 00046375. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 13,280 square metres, located at 134 Taylor Avenue, also identified as PID Number 00046375: (a) That the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, a phasing plan, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping (including tree and shrub species and quantities), amenity spaces, signs, exterior lighting, and other such site features; (b) That the development and use of the amenity space be in accordance with detailed site plans and designs, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of seating areas, recreational equipment and other such amenity space features; (c) That the requirements in conditions (a) and (b) be attached to the permit application for the development of the parcel of land; (d) The proposed amenity space noted on the site plans and referenced in condition (b) is to be constructed and completed once occupancy of phase 2A has occurred; and (e) Prior to the commencement of any such development, the developer must obtain the City's written opinion that it's municipal infrastructure including, but without limiting the generality of the foregoing, storm and sanitary services as well as water service, has adequate capacity to accommodate such proposed development. This condition is applicable to all phases and future subdivisions of PID 00046375. DECISION HISTORY At the April 22, 1985 meeting of Common Council, third reading was given to a rezoning of the parcel from Three-storey Residential (RM -1) to Light Industrial (I -L). With this rezoning, a Page 2 of 6 156 Hughes Surveys & Consultants 134 Taylor Avenue June 12, 2020 Section 39 (now 59) condition was imposed limiting the use of the site to "the facilities of the Animal Rescue League". ANALYSIS Proposal This proposal is to remove an existing Section 39 (now 59) condition on the subject parcel limiting the use of the lands to "the facilities of the Animal Rescue League". The property was recently purchased and the new owner is seeking to develop a multi -residential development of 50 units on the site. In order to proceed with the multi -residential development proposal, the existing condition must be removed. The future development would be a stacked townhouse development, in a series of buildings, focused around a central parking area and with an on site amenity area provided. The proposed building would be compatible with adjacent development in height and scale and phased over a number of years. The new development would be market rental for preliminary phases, although future phases may include affordable housing. Site and Neighbourhood The subject site is located in Crescent Valley, within walking distance of Crescent Valley Park. The site is surrounded by various cluster townhouse developments along Taylor Avenue and adjacent streets, which consist of two or three bedroom, family oriented units, owned by the Province of New Brunswick. Also adjacent to the site is vacant undeveloped land (currently owned by the City) and an undeveloped road right-of-way. The site is also within easy walking and driving distance to commercial services located along Somerset Street and Churchill Boulevard. Public Transit stops are located along MacLaren Boulevard. Municipal Development Plan, Site Design and Rezoning Municipal Plan The subject site is located in the Crescent Valley intensification area as noted on Schedule `A' of the Municipal Plan. Schedule `B' (future land use) designates the site as Low to Medium Density Residential, which allows for a range of housing types with an "emphasis on the provision of lower density forms of housing including townhouses, semi-detached, duplex and single detached dwellings".' The proposed multi -residential development will enable the further development of this intensification once the existing Section 59 Condition is removed. The proposed multi -residential development has been reviewed against the policies of the Municipal Plan. The proposal is generally consistent with similar styles of development in the area, and screens the proposed parking area from the street by intervening buildings. Detailed analysis of the proposal in terms of Urban Design criteria of the Plan is included in Attachment 2. Staff are of the view that the proposal is consistent with and achieves the vision of the Municipal Plan. 1 Policy LU -50 of the Municipal Plan. Page 3 of 6 157 Hughes Surveys & Consultants 134 Taylor Avenue June 12, 2020 Site Desiqn and Buildinq Layout The site features a variety of stacked townhouse buildings around a central parking area with an associated amenity space on the east side of the site. The buildings consist of mainly two bedroom units, which are family oriented. The applicant has indicated that some units may be converted to one -bedroom units to satisfy building code requirements for accessible units; however, the majority will remain two bedroom. The applicant has also indicated that the design of the amenity space has not yet been determined. This is in addition to amenity space shown on private balconies and decks attached to buildings. Staff recommend a condition requiring a site plan and layout for the amenity space at the permitting stage. The condition also recommends that the amenity space be constructed following occupation of the second phase. This ensures the amenity space is usable after some occupation of the site occurs. Crescent Valley Revitalization Study In 2009, the Province of New Brunswick commissioned the "Crescent Valley Revitalization Study" which was a land use concept for the redevelopment of the entire Crescent Valley lands including those owned by the Province and the City, as well as other privately held lands including the subject site. The Study envisioned a plan with re -worked streets and higher density mixed-use development. Though visionary for the time, due to unexpected economic circumstances the concept was not implemented. The proposed development to some extent, implement some of the concepts of this study. Some of those ideas also form policies contained in the Municipal Plan for this intensification area. Site Servicinq Sanitary sewer and storm sewer flows have been provided to Infrastructure Development and Saint John Water for analysis. Preliminary evaluation has indicated that servicing capacity exists for the development. Analysis is underway to offset sanitary flows in the catchment. A condition has been proposed that will require confirmation from Infrastructure Development on future phasing of the project related to available sewer and water capacity. This condition will not require the application to undertake a future Section 59 amendment application for each new phase. Zoning By-law The site is currently zoned Mid -Rise Residential (RM), which is the ideal zone for the proposed style of development. The current zoning was put in place as a result of the Municipal Plan which was adopted in 2016 and subsequent Zoning By-law — which implemented the vision of the Plan. As a result, the Industrial Zoning put in place by Council in 1985 was changed to implement the neighbourhood intensification area policies of the Plan. As a result, no rezoning is necessary in this case. The proposed future development is generally consistent with Zoning By-law requirements with the exception of the known variance for front setback noted below. The proposal provides more than the minimum number of required parking stalls, which is reduced in intensification areas by Page 4 of 6 158 Hughes Surveys & Consultants 134 Taylor Avenue June 12, 2020 20%.2 The parking provisions are noted in the table below: Requirement: Provided: 1 stall per unit (50 units) — 50 stalls 51 stalls provided 80% requirement for intensification areas 40 stalls required 11 stall surplus. A traffic impact assessment was not required for the subject development as it falls well below the Institute of Transportation Engineers standards, generally followed by Municipalities, encouraging traffic impact assessments for developments over 100 units. In addition, given the proximity to transit stops, a variety of transportation options for future residents is available. Zoning By-law Variances The applicant has indicated, as part of the initial submission, that a variance to the front yard setback (Taylor Avenue) will be necessary for the proposed development. This variance will allow the development to come closer to Taylor Avenue and avoid cutting into an adjacent slope/hill, which could cause drainage issues. This variance is reasonable given the circumstances and will be processed by the Development Officer at the time of the building permit application. Should other variances be required, the Development Officer will also process them at the time of the permit application. Future Subdivision The applicant has indicated that, as part of the phasing of the project the site will also be subdivided. As a result, a future subdivision application will be required, as well Committee approval for the future rear lots, as they would not be lots abutting a public street. Land for Public Purposes will likely be required; however, this may be taken as cash -in -lieu and will be determined when the subdivision application is processed. The subdivision process should have no impact to the construction of the first phase, as that would be done on the existing parcel. Conclusion The removal of the existing Section 39 (now 59) condition on the subject site will enable a future multi -residential development to proceed. This development proposal will allow an established intensification area to further to grow and provide more residential units providing housing options to citizens Staff are supportive of the proposed condition amendments as the proposal is achieving the intent of the Municipal Plan. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. 2 Section 4.2(2) and Schedule D of the City of Saint John Zoning By-law. Page 5 of 6 159 Hughes Surveys & Consultants 134 Taylor Avenue June 12, 2020 ENGAGEMENT Proponent The applicant was advised to undertake public engagement with neighbouring residents in a manner that would comply with the Province of New Brunswick State of Emergency order. This included the placement of signs with proposal and contact details on the site (see Attachment 1 and 4). As of report writing, Staff were not aware from the applicant of any public comments or concerns. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 5, 2020. The rezoning was posted on the City of Saint John website on June 12, 2020. APPROVALS AND CONTACT Author I Commissioner Ken Melanson, BA, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Ken Melanson Telephone: (506) 721-8694 Email: Ken.Melanson@saintjohn.ca Application: 20-0084 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Section 39 (now 59) conditions from 1985 Attachment 3: Municipal Plan Policy Review Attachment 4: Public Engagement Sign Photo Submission 1: Site Plan Submission 2: Preliminary Landscaping Plan Submission 3: Preliminary Elevations and Floor Plans Page 6 of 6 160 MIN Attachment 2 — Section 39 (now 59) Condition Excerpt from By-law C.P. 100-31 package, as approved and signed by the Common Clerk: "Resolved that the by-law entitled, "By-law Number C.P. 100-31 A Law to Amend the Zoning By- law of the City of Saint John", insofar as it concerns re -zoning a parcel of land located at 134 Taylor Avenue (L.R.I.S Number 46375), containing approximately 3.3 acres with a width of approximately 400 feet, from "RM -1" Three -Storey Multiple Residential to 1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re -zoning be on the condition that the use of the property be limited to the facilities of the Animal Rescue League." fl"M Attachment 3: Municipal Plan Policy Analysis — 134 Taylor Avenue Low to Medium Density Residential Policies Policy: Analysis: LU -50 Within the Low to Medium Density The proposed development is a cluster of designation, a range of housing types is stacked townhouse buildings around a permitted with an emphasis on the provision central parking facility. The proposed of lower density forms of housing including development is consistent with the intent of townhouses, semi-detached, duplex and this policy as it is consistent with the lower single detached dwellings. Other compatible density forms of housing both in type and uses may be permitted in the Low to Medium scale. Density designation without amendment to particular, development will demonstrate due the Municipal Plan including but not limited to consideration to: convenience stores, home occupations, a. Designing sites and buildings for parks and community facilities. people as the primary focus and with General Housing Policies Policy: Analysis: HS -2 Support the development of a wide The proposed new development at market range of housing types and forms of tenure in rental units in an area that is predominantly Neighbourhood Intensification Areas to subsidized housing. This creates a more redevelop and revitalize these balanced community providing housing for all neighbourhoods, in accordance with good income levels. land use planning principles. context while providing opportunities for Urban Design Principles for Neighbourhood Intensification Areas (Policy UD -11 Policy: Analysis: Ensure that new development and significant The proposed building and setbacks are redevelopment in Neighbourhood generally consistent with the dwelling group Intensification Areas and Primary Centres will development across Taylor Avenue with be designed to enhance the surrounding buildings organized adjacent to the street and public realm and to complement the existing encompassing a central parking area context while providing opportunities for (screened from the streets by perimeter intensification, where appropriate. In buildings along Taylor Avenue). particular, development will demonstrate due consideration to: a. Designing sites and buildings for people as the primary focus and with setbacks that are generally consistent with those of adjacent buildings; b. Creating animated, active The proposed developments are a two-storey streetscapes with interesting facades form of rental townhousing. The building and human scale buildings and height and scale is human scaled and setbacks, particularly at street level. consistent with surrounding types of Within the Uptown and Other Urban developments. Neighbourhood Intensification Areas, Page 1 of 5 `W Page 2of5 `[:�! development should generally establish a human scale street wall with an appropriate ratio between the street wall height of the building and the width of the street; c. Where appropriate, ensure heritage NA streetscapes and Heritage Conservation Areas are reinforced with compatibly scaled and designed development; d. Providing active ground floor uses Ground floor commercial uses would not be and avoiding blank facades. Along appropriate in this location. Each street facing streets in the Uptown Primary Centre building provides lower and upper level patio in particular, commercial uses shall be and deck spaces, which provide eyes on the strongly encouraged at the ground street and break up the massing of the floor of buildings with a high degree of building. transparency at grade to animate the public realm; e. Strongly encourage new development The ground floor heights of the proposal are to provide ground floor ceiling heights generally consistent with the townhouse that are consistent with the ground developments adjacent to the site. floor ceiling heights of adjacent buildings; f. Creating appropriate transitions in The proposed development is similar height scale and height to areas of lower to adjacent development. intensity; g. Defining appropriate standards for With the proposed buildings being at two above grade step -backs and storeys, there should be minimal issues with separating distances to ensure wind and shadow impacts to the public realm. adequate street level conditions with respect to minimizing wind and maximizing sun penetration and sky exposure; h. Generally locating building entrances Building entrances are to each unit are to connect directly to the public street oriented off the parking area to maximize network and clearly articulating the convenience for residents. Sidewalk building entrance; connections to the street to each building and unit are provided. i. Designing sites and buildings that are Site design provides clear and unobstructed barrier -free, convenient and have pedestrian walkways around the site for clear signage; convenient access to units and the streets. Ground level units will have barrier -free access. j. Promoting pedestrian comfort with Pedestrian pathways are located adjacent to appropriate landscaping, furniture, or away from parking areas. Detailed weather protection and buffers from landscaping will be determined at the permit vehicle traffic; stage and must comply with landscaping standards of the Zoning By-law. k. Designing for active and alternative The site is in close proximity to transit modes of transportation by providinga roximatel a five-minute walk). Bicycle Page 2of5 `[:�! convenient access to buildings from parking will be required as per requirements transit stops, including bicycling in the Zoning By-law. parking and end-of-trip facilitates The site (and future sites post subdivision) where appropriate, and mid-block will share parking and a single access from connections where possible; Taylor Avenue. I. Designing sites and buildings to The development provides a variety of facilitate social interaction by including different balcony, landings and covered patios, courtyards, plazas and decks which are either oriented to the street, sidewalk amenity space where central parking/pedestrian walkways or rear possible to enliven the public or semi- of the site. The proximity of the decks and public realm; landings to the pedestrian circulation pathway areas wherever possible and where and balconies to the street, provide zoning permits; opportunities where residents can recreate b. Sharing and minimizing the width of and create activity and interaction with those driveways and curb cuts across the in the street or using the internal pathways. m. Designing sites and buildings for The site is well designed for future residents visual interest and maximum use in to be able to utilize throughout different different seasons and at different seasons and times of the day. times of the day; n. Including a variety of uses in buildings The proposed development is residential. and/or sites to allow for a diversity of Mixing of uses (such as including uses and users; and commercial) would likely not be viable in this location. o. Encouraging shared elements There are no adjacent where this would between uses such as parking, possible. Where the site will be subdivided in entrances, landscaping and amenity the future, sharing of the parking, access and spaces. amenity areas will occur. Urban Design Principles for Neighbourhood Intensification Areas (Policy UD -12) Policy: Analysis: Ensure that in Neighbourhood Intensification The site (and future sites post subdivision) Areas and Primary Centres, new will share parking and a single access from development and significant redevelopment Taylor Avenue. will locate and organize vehicle parking, access and service areas to minimize their impact on surrounding properties and the public realm by: a. Sharing services, including public and private driveways, parking and service areas wherever possible and where zoning permits; b. Sharing and minimizing the width of Only one access point to the site has been driveways and curb cuts across the provided, thus minimizing the number of sidewalks; crosswalk crossings. c. Providing vehicle service areas within All of the service areas of the building are buildings where possible; located internal to the site. Page 3 of 5 `W d. Providing underground parking where Underground parking is not likely feasible for In considering amendments to the Zoning possible; a development of this scale. e. Generally locating surface parking to All surface parking is to the rear of buildings out in the various policies of the Municipal the site or rear of buildings; fronting to Taylor Avenue, which provide a building form and diversifies housing options. a. The proposal is in conformity with the screening of these parking areas. f. Generally locating surface parking, Parking, outdoor storage and loading will take outdoor storage, loading and other place in the central parking area which is b. The proposal is not premature or services at the rear or side of the screened from Taylor Avenue by the two front servicing standpoint. The initial phase can be property buffering or screening these facing 12 unit buildings. absorb costs related to development functions from adjacent properties and ensure efficient delivery of Water at the permitting stage for each phase. and the public realm; g. Integrating service connections, These details will be outlined at the permitting vents, mechanical rooms and stage. storm drainage measures; equipment within the architectural iii. Adequacy of proximity of school, treatment of the building where facilities; possible; and h. Ensuring the parking areas, lobbies Each unit has an individual entrance facing and service areas and stairwells are the central parking area. Each entrance is well -lit and visible from other either from a grade level landing or from a locations, and clearly signed if they second level deck. These entrances will be are not visible from the public street. clearly visible and identifiable from the internal pedestrian pathway that circulates throughout the site. Policy 1-2 Analysis Policy: Comments: In considering amendments to the Zoning The proposal is in conformity of the goals and Bylaw or the imposition of terms and intent of the Municipal Plan — the proposal conditions, in addition to all other criteria set implements the goals of a neighbourhood out in the various policies of the Municipal intensification area, provides a compatible Plan, have regard for the following: building form and diversifies housing options. a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or The proposal is not premature from a inappropriate by reason of: servicing standpoint. The initial phase can be i. Financial inability of the City to accommodated; however, future phases will absorb costs related to development require more detailed analysis by Saint John and ensure efficient delivery of Water at the permitting stage for each phase. services, as determined through Policy 1-7 and 1-8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy of proximity of school, recreation or other community facilities; Page 4of5 iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on The proposal fits the context of the any proposed development where surrounding development. The proposal fits necessary to reduce any conflict with into with other developments, exceeds adjacent land uses by reason of: parking requirements and provides on-site i. Type of use; amenity space. Conditions have been ii. Height, bulk or appearance and lot proposed for future phases related to coverage of any proposed building; infrastructure analysis and for the more iii. Traffic generation, vehicular, detailed information for the permitting stage pedestrian, bicycle or transit access to including details on the proposed amenity and from the site; space. iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms The area where the proposed buildings is of steepness of grade, soil and generally flat. A front setback variance is geological conditions, locations of proposed to avoid cutting into an adjacent watercourses, wetlands and slope, which could cause potential drainage susceptibility of flooding as well as issues. any other relevant environmental consideration; e. The proposal satisfies the terms and The proposal is phased and is not conditions of Policy 1-5 related to speculative in nature. timeframes and phasing of development; and f. The proposal meets all necessary The proposal should be able to meet all public health and safety applicable provincial health and safety considerations. regulations applicable to this form of development. Page 5 of 5 `MA m I :y 2 E E 0 2 � L:64 $ q m C'4 �oc� e E o U = e� �2 � m S OW, &G,Ivl7c)wv 0 0 0') 0 Cf) cc D UV) O C) 2 15 >) 'D E E —2 a) > 0 L- o \ \\E E 0 a) cy) D LD V) NO CF) OF 9 rt . . . . . . . . . . . . . . . . . . . . . . ......... . . . 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M W W 0 a W W w a I r � g kl a��ti cd� 1 u� ul Al SAq��f�p;h,N4ro' W w CDL 0 L o rn Lo CDL N rl co C� 0 ui LO cY) rn QL CL cQ a— Ln rl PROPOSED SECTION 59 AMENDMENT RE: 134 TAYLOR AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending Section 39 Conditions at its meeting to be held via web conference on Monday, July 6, 2020 at 6:30 p.m., by: Amending the Section 59 conditions imposed on the April 25, 1985, rezoning of a parcel of land having an area of approximately 13,280 square metres, located at 134 Taylor Avenue, also identified as PID No. 00046375, to permit a revised proposal. REASON FOR CHANGE: PROJET DE MODIFICATION L'ARRETE DE L'ARTICLE 59 OBJET: 134, AVENUE TAYLOR Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, par conference Web le lundi 6 Juillet 2020 mai A18h30: Modification des conditions imposees au rezonage de 25 avril 1985, d'une parcelle de terrain d'une superficie d'environ 13 280 metres carres, de la propriete situee au 134 avenue Taylor, et portant le NID 00046375, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Amend conditions restricting the use of the property Modifier les conditions limitant ('utilisation de la to allow for a residential development. For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at propriete pour permettre un ensemble residentiel. Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. fflez"! https://www.youtube.com/user/saintjohnweb Written objections to the amendment may be sent to the undersigned at City Hall or via email at commonclerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Les reunions du conseil communal de Saint John peuvent etre consultees en ligne A https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse cpm!m!onclg.irk.@saiu�tiohu�.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 iL6191 FqPq9P94RR GR*TVTn & CQMM1NITT#EVELONT%ENT��IER T1111 I " CITY OF SANTJOHN Ej I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives, General Culterhan Statement This injormadon is bving volleaed ior fmierfin- (he ciry 0(suble John w th-liver an a0son pwag ,'Ohp 'Ise) vive, Me callecrippor �v hjndja Rud Pj r whwii defi In ver flie progrynoo / sovice. Uldevv required no do w hv fmv, Itir Claw qf'Saha jr)kou pWl wo shave yala, po'swo(d 4qIv10Pmfiwj 11,1111 wl,V fhordlyaqv eqn,exq coonseW fhe legal awhoriIL turn coflvciipdg 0din(n'Inatfan Is 0o br finind in Ike Muniol-dihstes stet and flie Rill tej lrrltrrrxrarrJuraa aad Prone ction q1'FYbacY stat. b'afia'doer iv)unwwdon rpr quesdons vegardreog III'! uvdlerei"I? (VPejNw)j4d pleme VdjyjNrl /he Arvess & privue-1. Offlf Vr; 4110 Maw - I J thwAVI Squeory sainJohn, NH F.N, M � I WIWI 0 h led w 'la (506) 658•2$62 �` to a ' t the undersigned hereby app�y for the permit(s) or approvt sl(s), odiccited cbove for fhe work descfibed on pIans, svbrnission5 ono ferns herewith submilled, this opoficat4on mdvdes aitretevcnl documento0on necessary for the oppfied lor permitfs) or approval(s). t ogIee fo comp�y with the pians, specificoions and furiber agree to comply wiffi oil refevant City By-Ows aurid g,.niod,bgs imposed. e,urveys & Consultants Inc. on beh0 Viva Developments Ltd. of Viva Developments Ltd.. RicharciTurner Pierre Vautour Applicant Nomel, Owners �utfto7nzatlon AkOnt SlgnWWO uwners signature May 6, 2020 May 6, 2020 Dole Dale CIVIC ADDRESS 134 Taylor Avenue PID #: 00046375 9TION _j HERITAGE AREA; Y It N INTENSIFICATION AREX Y / N FLOOD, RISK AREA: Y d IN APPROVED GRADING PLAN: Y N U_ LL .. .................................................................................... I .................................................. 20-0084 APPLICATION 0: DATE RECEIVED: 11 ..................................................................................................................................... t EH.IVED BY. APPU�NT MAIL PHONE Hug es Surveys & Consultants Inc. on behalf of Z Viva Develo ments Ltd. - RichardTurner rick.turner@hughessurveys.com (506)634-171 7 0 MAILING ADDRESS POSTAL CODE 575 Crown Street, Saint John, N8 E2L 5E9 2 I= CONTRACTOR IDEVELOPER EMAIL PHONE Ct Viva Development's Ltd. Z MAILING ADDRESS POSTAL CODE Z c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E2L SE9 OWNER EMAIL PHONE Viva Developments Ltd. MAILING ADDRESS POSTAL CODE c/o Hughes Surveys, & Consultants Inc., 575 Crown Street, Saint John, N13 B 5E9 PRESENT USE: Existing vacant lot with PROPOSED USE: Apartment Cluster Development Section 39 conditions, BUILDING PLAN'NI NG I N FRASTRU CTU R E HERITAGE CL INTERIOR RENOVATION NEW CONSTRUCTION [KVARtANCE EJSTREET EXCAVATION 0!1 HERITAGE DEVELOPMENT EXTERIOR RENOVATION ACCESSORY BI.DG PLANNING LETTER El DRIVEWAY CULVERT 0 HERI I -AGE SkGN F- n ADDITION 0 POOL PAC APPLICATION [:]DRAINAGE HERITAGE INHILL ::I < E] DICK n DEMOL ITI ON MCOUNCILAPP E] WATER & SEWERAGE HERITAGE DEMO lid LU CHANGE OF USF SIGN []SUBDIVISION OTHER E:] OTHER MMIMUMSTANDARDS OTHER []OTHER The proposed development consists of a cluster of apartment buildings grouped around a common parking area as shown orli the U. 0 site plan submitted with this application, The development will take place in phases. The property is zoned Mid -Rise Residential - Z (RM) and designated as Low to Medium Densi-y Residential on, Schedule 6 of the Municipal Plan which would permit the 0 �e cc development but Section 39 conditions exist that would have to be rescinded or amended as Section! 59 conditions to allow the - t: 0 2 3� proposal to proceed. Minor variances are also required. U The Section 39 condition dates from 1985 and lir nit the use of the prope,rty, to a facility, for the Animal, Rescue League (animall Vk Uj shelter), The animal shelter no longer exists on the property and the developer intends to redevelop the site for a use permitted in the present zoning, Rescinding of the Section 39 condition and approval of variances are respectfully requested. Ej I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives, General Culterhan Statement This injormadon is bving volleaed ior fmierfin- (he ciry 0(suble John w th-liver an a0son pwag ,'Ohp 'Ise) vive, Me callecrippor �v hjndja Rud Pj r whwii defi In ver flie progrynoo / sovice. Uldevv required no do w hv fmv, Itir Claw qf'Saha jr)kou pWl wo shave yala, po'swo(d 4qIv10Pmfiwj 11,1111 wl,V fhordlyaqv eqn,exq coonseW fhe legal awhoriIL turn coflvciipdg 0din(n'Inatfan Is 0o br finind in Ike Muniol-dihstes stet and flie Rill tej lrrltrrrxrarrJuraa aad Prone ction q1'FYbacY stat. b'afia'doer iv)unwwdon rpr quesdons vegardreog III'! uvdlerei"I? (VPejNw)j4d pleme VdjyjNrl /he Arvess & privue-1. Offlf Vr; 4110 Maw - I J thwAVI Squeory sainJohn, NH F.N, M � I WIWI 0 h led w 'la (506) 658•2$62 �` to a ' t the undersigned hereby app�y for the permit(s) or approvt sl(s), odiccited cbove for fhe work descfibed on pIans, svbrnission5 ono ferns herewith submilled, this opoficat4on mdvdes aitretevcnl documento0on necessary for the oppfied lor permitfs) or approval(s). t ogIee fo comp�y with the pians, specificoions and furiber agree to comply wiffi oil refevant City By-Ows aurid g,.niod,bgs imposed. e,urveys & Consultants Inc. on beh0 Viva Developments Ltd. of Viva Developments Ltd.. RicharciTurner Pierre Vautour Applicant Nomel, Owners �utfto7nzatlon AkOnt SlgnWWO uwners signature May 6, 2020 May 6, 2020 Dole Dale ' I Council Application Shop E� GROW'TH & COMMUNW( DEVELOPgVAE'W'SERVICES Be/, ve opmen "UNI 00,101, 01"Y OF SA�N'r JOWJ . . . ........... . .......... . . . CIVIC ADDRESS 1 134 Taylor Avenue APPLICATION #, F E' E PAIDT Y .... . .. . ... ... .... ... ------- — � .......... . . . .. ........ .. . . j Land for Public Purposes Release Service Fee: $300 X Section 39 Amendment Service Fee, $2,500 (Section 59) .............. . ...... Non -Conforming Use Service Fee; $200 Zoning By-law Amendment Service Fee� $2',500 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee�: $3,50!0 DETAILED DESCRIPTION OF APPLICATION Where applicable, incKcate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested, Attach site plans, building elevations, floor plans, and other documentation to fully describe the application, The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval, Please contact the One -Stop Development Shop at (506) 658-2911 for further information. I i.. N �. ,IR - -..w. lur The Section 39 condition dates from 1985 and limit the use of the property to a facility for the Animal Rescue League (animal shelter). The animal shelter no longer exists on the property and the developer intends to redevelop the site for a use permitted in the present zoning. Rescinding of the Section 39 condition and approval of variances are resnectfullv reauested. ENCUMBRANCES Descdbe any easements, restrictive covenants, and other encumbrances affecting the land. There are no easements, restrictive covenants or encumbrances referenced in the Certificate of Registered Ownership for the sublect Provertv. See coDv included with this aoDlication. As of the date of this application, t, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as t have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will'be necessary for this application. Hughes Surveys & Consultants Inc. on behalf of Viva Developments Ltd. — RichardTuirner 7 Registered Owner or Authorized Agent May 6, 202'O Date support of this applicao,n will become part of the public record. See Owners Authorization on General Application ME 197 rAund Application roon 2=112017 Variance Application De'velopplent, Shop e GROWTH & C.'0t0AUl',flTY IDEV'ELO;IPNAFI,°,aI'SER\/'I(,-ES CF"Y'0F SAINT JC'OHN CIVIC ADDRESS 134 Taylor Avenue APPLICATION # C] Tier I Variance Variances not greater than 25% of a numeric standard Service Fee: $50 plus $10 per additional variance C] Tier 2 Variance Variances greater than 25% of a numeric standard Service Fee: $100 plus $20 per additional variance DETAILED DESCRIPTION OF APPLICATION Attach site Dlans. bulil%6k elevations. floor olans. 9nd *ther ditcu- f El PAC Variance Variances considered by the Planning Advisory Committee Service Fee,: $300 plus $60 per additional variance LOCATION: The development is located on Taylor Avenue. The development comprises of PID 00046375. The site was, previously developed as an animal shelter facility and is presently vacant. VARIANCES and/or APPROVALS REQUESTED — Note that we have identified the following variance will be required, to carry out the development in addition to a section 39 agreement amendment. We respectfully request front yard setbacks be reduced to 5 metres, Upon planning staff reviewing the application if other variances or approvals are identified please advise. Use of stairways and the front yard setback variance requested will allow the development to be generally confined to the leveller areas on the site avoiding the steep slopes to the south. The development will be undertaken in phases. When your review of this application material is completed please advise our office as,to.thea p _plication fee amount. R1 I I --I k7i I RM I*] ILI 1. General Application Form. 2, Council application form. 1 Variance Application Form. 4Preliminary Site Plans (Layout, landscaping concepts and sections) 5Copy of sample building plans used on a similar project which will be modified to suit site conditions. 6. Certificate of Reaistered OwnershiD. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land, There are no easements, restrictive covenants or encumbrances referenced in the Certificate of Registered Ownership for the subiect vrovertv. See coov included with this aolofication. zaz�.� As of the date of this application, 1, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as l' have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application, Hughes Surveys & Consultants Inc. on behalf of Viva Developments Ltd. — Richard Turner Registered 0wrTbr or Authorized Agent Ma6,_ 2020 Date Additional Registered Owner =D- i RU] HLJ4GHES �:IJKVf: Y'A"'n2`. EGJ.,CaI QM E.&12S HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS May 6, 2020 Our file Y20-055 Mr. Ken Melanson, BA, RPP, MCIP Growth & Development Services City of Saint John 10th Floor, City Hall Saint John, NB Re: Viva Developments Ltd Taylor Ave. — Application for variances and to rescind Section 39 condition. Dear Ken, Please find enclosed the following material with respect to the above noted development: I. General application form. 2. Council application form. 3. Variance application form. 4. Preliminary Site Plans showing the concept. 5. Copies of building plans for a similar development carried out by the developer. 6. Certificate of Registered Ownership Details of the proposal are outlined in the application. In general terms the proposed development consists of a cluster of apartment buildings grouped around a common parking area. The property is zoned Mid -Rise Residential (RM) and designated as Low to Medium Density Residential on Schedule B of the Municipal Plan which would permit the development but Section 39 conditions exist that would have to be rescinded or amended. Rescinding of the Section 39 condition is respectfully requested. The development will proceed in phases. An overall development plan will be prepared and submitted with the first building permit application. We should discuss how this will be dealt with by the various departments with respect to such matters as storm water management. Once you have reviewed the enclosed material if you have any questions, please do not hesitate to contact me. A digital submission has been emailed to Onestop with the above noted deliverables as part of this communication. Our client will make payment for the required fees by credit card. Have your office contact Pierre Vautour - Viva Developments at 506-866-9111 to arrange payment. Yours truly, HUGHES SURVEYS & CONSULTANTS LTD. Richard Turner Encl. CC: Pierre Vautour 575 CROWN STREET, SAINT JOHN, NB E2L 5E9 (506) 634-1717 FAX (506) 634-0759 `Plea r7 I I I II II I I I I I I I I I I I I I I I I I I I i I I II I II I II I II I II I II I II I II i II II r7 li I I I I II I II I II I II I II II UD JIRE SEPERATION JIRE SEPERATION �k��■_���k ���2§�2R� e ■� ® / a 7 also ■ k § / —■2 � �8-il■z' � �g-!t§Z I rn � , $- 'G-- �� --- �r� \---- X 7 $ Sol � :■§� �� k § � �8-il■z' � �g-!t§Z I -- 14'- 0„ I a I o T- -- I I -- N� v. will N 11 �� .9 N y I N Vii, Oji i N d " r 71=n-1 — — o~ it n 11 11 11 III 11 II II II ii } N I n 2 11 I it it II it ii i 11 11 It II 11 11 1 oa it 11 it II 11 III 0„ zx9" FL w JTS a 12" acaim I� IO � I w o I I e� I1 I � I o;_ I I� . �s amp' i I o O 2x8" F6 � I II JTS ® 12„ O/C o► R ll 1I —11— 1 w II II II 11 II III II II II ii II III '� � II II 11 11 II I II II II Itit III II w Q 11 11 It 11 306/0 LL L JI _II_ i u u N N N N u � mxgmae� e. o r 0 14'- 0" N IN ! — I a I o T- -- I I -- N� v. will s .9 ��� y I �r Oji 101, 2'- 4" -I I o~ N I n � 3(- 61, 6,- 0,1 `„It F X v c K_7 mN rm 1{----I At N ae w i� - 13 _ im, I � o 2-4 +— 0�I cc - C 9 v I PI I a I I U N� v. 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L-1.1, s.63 Loi sur 1'enregistrement foncier, L.N.-B. de 1981, chap. L-11, art. 63 Parcel Identifier I Numero d'identification de parcelle : 46375 Owner I Proprietaire : Viva Development Inc. 1434 Amirault ST Dieppe NB E1A 1 E2 Deed/Transfer I Acte de transfert/Transfert Saint John 2019-12-05 - 39686218 Manner of Tenure I Mode de tenure : Not Applicable I Sans objet Encumbrances I Charges : Bayside Capital Inc. 400 Champlain ST UNIT 102 Dieppe NB E1A 1 P3 Mortgagee I Creancier hypothecaire Collateral Mortgage I Hypotheque subsidiaire Saint John 2019-12-05 - 39686234 Instruments in the Registration Process I Instruments dans le processus d'enregistrement : NONEIAUCUN THIS IS TO CERTIFY THAT the specified owner is the registered owner and holds title in fee simple, by virtue of the specified instrument(s) and in the specified manner of tenure, to the specified parcel, described in Schedule "A" attached hereto. The title to the land is subject to the overriding incidents specified in subsection 17(4) of the Act and also to the specified encumbrances. LE PRESENT CERTIFICAT ATTESTE QUE Ie proprietaire specifie est Ie proprietaire enregistre et est titulaire du titre en fief simple, en vertu de(s) l'instrument(s) specifie(s), selon Ie mode specifie de tenure de la parcelle specifiee, decrite a I'Annexe <<A>> ci-jointe. Le titre du bien-fonds est soumis aux reserves derogatoires precisees au paragraphe 17(4) de la Loi et egalement aux charges specifees. THE TITLE TO THE LAND may be subject to the specified instruments, which have been entered in the instrument record and may be entered on the title register when the registration process is completed. LE TITRE DU BIEN-FONDS peut etre soumis aux instruments specifies qui ont ete portes au registre des instruments et qui peuvent etre portes au registre des titres lorsque la procedure d'enregistrement est achevee. THIS CERTIFICATE is evidence of the particulars contained herein as of the date and time of its issue. The description is not conclusive as to the boundaries or extent of the land. LE PRESENT CERTIFICAT constitue la preuve des renseignements qu'il contient a la date et a I'heure de sa delivrance. La description nest pas probante en ce qui concerne les limites ou 1'etendue du bien-fonds. Registrar of Land Titles for the District of New Brunswick Le registrateur des titres de biens-fonds de la Circonscription du Nouveau -Brunswick Report ID I Rapport ID : 5998453 PID I NID : 46375 Apparent Parcel Access I Acces apparent a la parcelle : Public Access I Acces public Status I Etat de la demande : Current I Courant Effective Date/Time I Date et heure de prise d'effet : 2019-11-27 10:48:55 Legal Description I Description officielle : That parcel of land and premises being in: Place Name: City of Saint John Parish/County: Parish of Saint John/County of Saint John Described as follows: Beginning at a point on the southerly sideline of Taylor Avenue, said point being a square bar distant 176 feet eastwardly along said sideline from the easterly boundary of land now owned by Central Mortgage and Housing Corporation; thence from the place of beginning so described following along the said sideline, and bearing by the Magnet of 1958 A.D., N 64 degrees 06 feet E, a distance of 167 feet or to a round bar; thence continuing along the said sideline bearing by the Magnet N 33 degrees 47 feet E a distance of 237.4 feet or to a square bar; thence bearing by the Magnet S 56 degrees 13 feet E a distance of 300 feet or to the square bar, thence bearing by the Magnet S 36 degrees 16 feet W a distance of 96.7 feet, or to a square bar; thence bearing by the Magnet S 38 degrees 22 minutes W a distance of 392.5 feet, or to a square bar on the northerly sideline of Ring Street (so-called); thence following the said sideline in a westerly direction and bearing by the Magnet N 58 degrees 54 minutes W a distance of 23.3 feet, or to a square bar; thence continuing along the said sideline of Ring Street following the curve of the Street a distance of 255.8 feet, or to a square bar; thence continuing along the said sideline and bearing by the Magnet N 25 degrees 54 feet W a distance of 93.31 feet or to the place of beginning. Being the same lands conveyed in Deed No. 189090 to Animal Rescue League Limited registered in the Saint John County Registry Office on 1 August 1962, in book 396, at pages 372-373. a O w d cc: W W H d O � J U Z W PiISI° Illllllh Illllllh I p lllllllh "-� °°1 CIC'101,,,11 li,,11 ITT lel E, June 18, 2020 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By -Law Text Amendment 913 Latimore Lake Road On May 25, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 16, 2020 meeting. The City of saint John Mr. Rod Adams, representing the developer, appeared before the Committee via video conference, and was in agreement with the Staff recommendation. Responding to a question from the Committee, Mr. Adams noted he did not have any drawings of the exterior of the proposed units. Staff noted the exterior design would be similar to current single unit models and incorporate elements such as a varied roofline and architectural elements to provide emphasis to doors and windows. Mr. Adams also responded to questions from the committee related to the target market of the proposed units, noting they would provide a housing alternative for young couples and homeowners who were downsizing. He also noted there are currently 41 vacant sites in the manufactured housing development and the proposed two -unit models would be too large for some of the smaller pad sites within the development. No other persons appeared before the Committee and no letters were received regarding the application. Upon considering the Staff report, comments made by the applicant and the letter received, the Committee adopted the Staff Recommendation. Page 1 of 2 210 Haldor (1972) Ltd. 913 Latimore Lake Road June 18, 2020 RECOMMENDATION: That Common Council adopt the attached by -Law amendment entitled "By -Law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Respectfully submitted, Alexandra Weaver Crawford Chair Page 2 of 2 211 The City of Sint John Date: June 12, 2020 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services Meeting: June 16, 2020 SUBJECT Applicant: Rod Adams Landowner: Haldor (1972) Ltd. Location: 913 Latimore Lake Road PID: 55023097 Plan Designation: Rural Residential, Rural Resource, Park and Natural Area Existing Zoning: Rural Residential (RR) Application Type: Zoning By -Law Text Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -Law. Common Council will consider the Committee recommendation at a public hearing on Monday, July 6, 2020. EXECUTIVE SUMMARY The applicant is proposing to introduce a new form of housing in the existing manufactured housing development. This would be manufactured two -unit dwellings having similar dimensions to an existing mini or mobile home. Staff recommend an amendment to the definition of a Page 1 of 6 212 Rod Adams 913 Latimore Lake Road June 12, 2020 "mobile or mini -home" to provide for the placement of these units in the existing manufactured housing development at 913 Latimore Lake Road and other areas of the City where mobile or mini homes are permitted. Amendments to other definitions and the provisions relating to garden suites are also recommended to provide clarity with respect to this new form of housing. RECOMMENDATION That Common Council adopt the attached by -Law amendment entitled "By -Law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." DECISION HISTORY On July 30, 2018, Common Council assented to the acceptance of money -in -lieu of the required Land for Public Purposes (LPP) for a subdivision to separate the existing Latimore Lake Mobile Home Park from the vacant portion of the property. The Final Plan of Subdivision has yet to be registered. On September 25, 1989, Common Council tabled a rezoning application to rezone a 2.8 -hectare area of land north of the existing manufactured housing development to allow for an expansion for additional information from the operator. The requested rezoning was not completed. Staff note the area proposed to be rezoned in 1989 contains a wetland and watercourse. ANALYSIS Proposal The applicant is proposing a new style of manufactured housing units, which would contain two dwelling units, on vacant sites within the existing manufactured housing development. This new style of manufactured homes do not meet the current definition in the Zoning By -Law, as the number of units is limited to one by the current by -Law definition. As a result, a text amendment is necessary to facilitate this new form of manufactured home. Site and Neighbourhood The subject property is approximately 20 hectares and contains approximately 110 mobile homes concentrated on the east side of the parcel. Bustin Boulevard is the main access to the site, with the existing development located to the east of this access. Lands to the west of Bustin Boulevard are an undeveloped portion of the existing mobile home park as designated by the Mobile Home Parks By -Law. The surrounding neighbourhood is characterised by a mix of rural land uses including large lot residential fronting onto Latimore Lake Road, several pits and quarries to the north and east, and a cemetery to the west. The subject property is zoned Rural Residential (RR) which is consistent with the surrounding mix of rural land uses. Page 2 of 6 213 Rod Adams 913 Latimore Lake Road June 12, 2020 Municipal Plan and Rezoning Municipal Plan The developed portion of the site is largely designated Rural Residential and contains a long- standing manufactured housing development recognized through both the Mobile Home Parks By -Law and Zoning By -Law (Rural Residential zone). An analysis of the proposal with respect to relevant Municipal Plan policies is provided in Attachment 2. The findings of this review are summarized as follows: • The proposed two -unit manufactured housing units would be of a similar scale to existing mobile and mini homes found in manufactured housing developments and other locations within the City. • The Municipal Plan supports the provision of manufactured housing in all areas of the City. • The required infrastructure to support this form of housing and associated impacts would be no different from that associated with a single -unit or two -unit dwelling. From the assessment provided in Attachment 2, Staff are of the opinion the proposed text amendment to the Zoning By -Law to allow for the two -unit mobile homes conforms to the policy direction established in the Municipal Plan. Although originally proposed for 913 Latimore Lake Road, Staff feel that the policy direction provided in the Municipal Plan to provide a variety of housing options supports the implementation of this By -Law amendment on a citywide scale. Zoning By -Law Amendment The Zoning By -Law currently defines a mobile or mini home as follows: "mobile or mini -home" means a detached dwelling containing one dwelling unit having a length or width of less than five metres, but does not include: (a) A detached dwelling comprised of two or more sections with a width and length of five or more metres at all points; or (b) Major recreational equipment. [2016, C. P. 111-35]. The units the applicant is proposing to locate within the existing mobile home park have two dwelling units as shown in Submission 2. The proposed two -unit models would have a length of approximately 23.2 metres and be separated into a two-bedroom and a one -bedroom unit. The width of the proposed units are 4.8 metres, which confirms to the width of less than 5 metres contained in the Zoning By -Law definition. The proposed units would have a floor area of 111 square metres, which would exceed the minimum required ground floor area of 55 square metres for units located in the Mini -Home Park Residential (RP) zone and 65 square metres for units located in the Rural (RU) zone or Page 3 of 6 214 Rod Adams 913 Latimore Lake Road June 12, 2020 existing units on a standalone lot zoned Rural Residential (RR). In this particular case, where the units will be located in an existing Mobile Home Park, the floor area is governed by the standards of the Mobile Home Parks By -Law. This requires the mobile or mini homes to have a minimum width of 3.04 metres and minimum length of 12.2 metres. The proposed units conform to the minimum dimensions required by the Mobile Home Parks By -Law. The Zoning By -Law currently permits mobile or mini -homes in the following zones: • Rural Residential (RR) — Currently permitted on lots that contain an existing mini or mobile home. The proposed amendment would allow for replacement of an existing mobile or mini home with a two -unit model or within a Mobile Home Park having this zoning. • Rural Settlement Residential (RS) - Currently permitted on lots that contain an existing mini or mobile home. The proposed amendment would allow for replacement of an existing mobile or mini home with a two -unit model. • Mini -Home Park Residential (RP) —The proposed amendments would allow for placement of a new two -unit mobile or mini home on any parcel having this zoning or within a Mobile Home Park. • Rural (RU) - New mini or mobile homes are permitted on lots having this zoning. The proposed amendments would allow for placement of a new mobile or mini home on any parcel having this zoning including the two -unit models. The Rural Residential (RR), Rural Settlement Residential (RS), and Rural (RU) zones all allow for a two -unit dwelling, which provides additional support from a land use context. The applicant has provided a site plan showing the placement of a two -unit model on a typical site within the existing development on Latimore Lake Road to demonstrate compliance with the By -Laws. Staff have reviewed this, and with the exception of a minor change to increase the side yard setback from 1.3 meters to 1.8 metres, the proposed site plan would meet the requirements of the City's Mobile Home Parks By -Law. Staff have reviewed the proposal with Building Inspection and Fire Prevention staff. Issuance of a Building Permit for placement of the proposed units will require confirmation that the dwellings have been constructed to the appropriate Canadian Standards Association standard (CAN/CSA Z240 -MH) and certification from an architect or engineer related to elements of the design and construction of the units. These design and construction elements include the fire resistance rating of the delimiting wall between the units (from underside of floor continuous to the underside of the roof) and the exposed floor (the underside of the mobile home structure) along with sound class transmission of the delimiting wall. Information to confirm meeting these requirements would be reviewed at the permitting stage. The proposed Zoning By -Law amendment also includes changes to other definitions related to two -unit dwelling types and provisions related to Garden Suites to provide clarity with respect to the interpretation of these land uses associated to the new definition for a mobile or mini -home. Page 4 of 6 215 Rod Adams 913 Latimore Lake Road June 12, 2020 The intent of the garden suite provision is to allow for an additional dwelling unit, in a separate building, as a secondary use the main use of the lot as a one -unit dwelling or mobile or mini home. As the current definition of a mobile or mini home allows for one dwelling unit, there would only be two dwelling units on the lot (the main unit and the garden suite). With the proposed change in definition of a mobile or mini home to allow for the two unit models, it would provide the potential for someone to place a two unit mini/mobile home and then have a garden suite which would have three dwelling units on the lot. Given the intent of the by-law is to permit a maximum of two units on a lot through the provision of a garden suite, an amendment to the garden suite provisions is proposed to only allow a garden suite in conjunction with a single unit mobile or mini home. With respect to impacts on servicing capacity, given that the majority of zones that permit mobile or mini homes are outside of the Primary Development Area (PDA), many of these units on standalone lots would be serviced by well and septic. The information provided by the applicant has the two unit models as having a total of 3 bedrooms (1-1 bedroom unit and 1 -2 - bedroom unit) so the servicing demands would not be any different than a 3 bedroom house. For lots served by well and septic, the applicant would have to provide a copy of Department of Health approval with the permit application. The subject site at 913 Latimore Lake Road is served by a private water and sewer system regulated by he Province. For any sites within manufactured housing developments that are serviced by municipal services, servicing capacity would be reviewed at the permit stage, as is the case for any development. Staff are of the opinion that the proposed By -Law text amendment is not only appropriate for the subject site, but as an amendment to definition to enable the development of these types of mobile or mini -homes throughout the City. Staff note that the design of these manufactured housing units has evolved since municipalities first began to regulate manufactured housing developments, generally in the 1970's. Current designs of these units include exterior design elements such as rooflines and window and door placement to improve the aesthetics of this housing form. This combined with the use of modern building materials and methods have resulted in this housing form evolving from its initial introduction into the market place. The proposed amendments are aligned with the Municipal Plan direction to provide a wide arrange of affordable housing options for citizens. Conclusion Staff recommend approval of the required text amendment to the Zoning By -Law to provide for two -unit mobile or mini homes. This housing form will provide additional affordability within the City's housing market and provide a greater range of housing options to citizens. ALTERNATIVES AND OTHER CONSIDERATIONS No alternative was considered. Page 5 of 6 216 Rod Adams 913 Latimore Lake Road June 12, 2020 ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 5, 2020. The rezoning will be posted on the City of Saint John website on June 11, 2020. APPROVALS AND CONTACT Author I Manager I Commissioner Mark Reade, P.Eng., MCIP, RPP I Ken Melanson , BA, MCIP, RPP I Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark. Reade@saintjohn.ca Application: 20-077 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Proposed Zoning By -Law Text Amendment Attachment 3: Municipal Plan Policy Review Submission 1: Site Plans Submission 2: Floor Plans Page 6 of 6 217 YO) co N rn N J U / 6 v/pjf Ir I U 1 / N N L J rai/ r ii/ j1 /f /1jJ/ G Qj fa i3Om/ -e// rn N J U / 6 v/pjf / N N G fa i3Om/ -e// 1 eu (Dcu 5,5 Jr rn N J U / 6 v/pjf G fa i3Om/ rn N ............ 0 N N 0') LO C: 0 E = C: 00CN0 .2 Cl)a) eq (D 0 (D a) 0 N N 75 a) (D a) 75 75 0 E 01. \ ? \ � (D CL 06 0 ui e d: (a '0 LL E al M 3: Ja C: CD E J= OF! 0 - ON 03 0 to 0- C-) Cu 'fr1q nl� l '"�ry !� ✓ r i 'W b "/J fGi 1 A, l 1 tt Gat) 44C �H r, `r✓ W. ve i f� r to P° as WSJ a %� ✓ ' iilr��ir/ ui 0 C,4 r� 0 4,/ Q i r ✓ J 9 * G� �✓ �r�� 0 yt a) cui r 7i� * % r� �� +„� •+ t**'0'Vi a // o 00”, 41, /9i �✓ A'iGi ��Ui ARCAND c, mt)'�a%� � Gam`✓�G"�, � a �; awl '^C� n 'G �a `fie *�✓r, 9 t ,:a, ,,; ,, ,-� tm fir, �w 1� " � 'M9 �✓ii� ;�.�» ,YiC}i a C� r�co 9 /%/ ✓�Ifi ?� wG i�/ tyi nJ„ L.. a. �P` %; 'i"„'y'” ,,( �� ✓ /� G ' CN qTr„ lwCN 0/GGGIIr� �ir�Mw1 :,^ a4� tM1^ r, '✓ hYs�r� d ia';" i i(6Y C ' IF �IV i a� Gr f/ r p i t ✓ ✓r"G r'°./a' r A „I `✓ IIIIIIII w, ��j�(; 't ✓ /i a " � ,. r� n.�'�Psi IF ✓' . �C' �Gi fA b� Vy✓a i /'*ytu''h�rhi �' nGi"'✓„ ui ' SIV+' 'rr1w, CL //✓�'/ ; ��i ra �`� " w'4� fir✓� F a r�� f� ' oeO, 41 all;DC7* * �i✓F�`�n ®" N, Hwy liii%a i✓iii/ �i i%;, �(�.,r' ,. 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Section 3.1 is amended by deleting the definitions for "garden suite", "mobile or mini home", "semi-detached dwelling", and "two -unit dwelling" and replacing them with the following: "garden suite" means any secondary use to a one -unit dwelling or a mobile or mini - home containing one dwelling unit, where another dwelling unit is established in a separate building on the same lot. "mobile or mini -home" means a detached dwelling containing one or two dwelling units having a length or width of less than five metres, but does not include: (a) A detached dwelling comprised of two or more sections with a width and length of five or more metres at all points; or (b) Major recreational equipment. "semi-detached dwelling" means a building containing two dwelling units arranged side by side and separated vertically by a common wall that extends from the foundation to the roof, but does not include a mobile or mini home. "two -unit dwelling" means a building containing two dwelling units, but does not include a semi-detached dwelling or mobile or mini home. L'Arrete de zonage de The City of Saint John, edicte le 15 decembre 2014, est ainsi modifie : 1. L'article 3.1 est modifie par suppression des definitions de « habitation bifamiliale », « habitation jumelee », maison mobile » on « mini-maison » et pavillon jardin» et leur remplacement par cc qui suit: habitation bifamiliale » Batiment comportant deux logements; sont exclues les habitations jumelees, les maisons mobiles et les mini-maisons. (dwelling, two -unit) habitation jumelee » Batiment comportant deux logements agences cote a cote et separes sur le plan vertical par un mur mitoyen allant de la fondation jusqu'au toit; sont exclues les maisons mobiles et les mini-maisons. (dwelling, semi-detached) maison mobile » on « mini-maison » Habitation isolee comportant un on deux logements dont la longueur et la largeur sont inferieures a cinq metres, a 1'exclusion de cc qui suit: a) les habitations isolees composees de deux on plusieurs sections dont la longueur et la largeur sont superieures a cinq metres en tons les points; b) les gros equipements recreatifs. (mobile or mini -home) pavillon jardin» Vise un usage secondaire par rapport a une habitation unifamiliale, a une maison mobile on a une mini-maison ou un autre logement se trouve dans un batiment distinct sur le meme lot. (garden suite) 2. Section 9.8 Garden Suites is 2. L'article 9.8 Pavillons jardins est repealed and replaced with the following: abroge et remplace par cc qui suit: 9.8 Garden Suites Where permitted by this By-law, a lot containing a one -unit dwelling, or a mobile 9.8 Pavillons jardins La ou le present arrete le permet, les lots comportant une habitation unifamiliale on or mini -home containing one dwelling unit, as a main use may also contain a garden suite as a secondary use in separate building subject to the following requirements: (a) [Repealed: 2016, C.P. 111-35] (b) The garden suite shall not exceed a maximum gross floor area of 70 square metres; (c) The garden suite shall not exceed a maximum height of: (i) Six metres when located on a lot in a RC, RM, RL, R2, or RI zone; and (ii) Eight metres when located on a lot in any other zone; (d) The garden suite shall be in the rear yard and not be closer than: (i) Two metres from a side and rear lot line when located on a lot in a RC, RM, RL, R2, or RI zone; and (ii) Three metres from a side and rear lot line when located on a lot in any other zone; (e) The garden suite shall be serviced in the same manner as a main building or structure in accordance with section 8.16; (f) Notwithstanding paragraph (e), electrical service shall be provided underground when located on a lot in a RC, RM, RL, R2, or RI zone; (g) The required setbacks mentioned in paragraph (d) shall be landscaped in accordance with section 6.2; (h) In accordance with Part 4, there shall be at least one on-site parking space for the garden suite in addition to those required for any other uses of the lot; and (i) [Repealed: 2016, C.P. 111-35] 0) No bed and breakfast, home day care, home occupation, neighbourhood day care, secondary suite, or supportive housing is permitted in any building on the lot. une maison mobile on mini-maison comportant un logement en tant qu'usage principal peuvent egalement comporter un pavillon jadin en tant qu'usage secondaire exerce dans un batiment distinct, sous reserve des conditions suivantes : a) [abrog6 : 2016, C.P. 111-35]; b) le pavillon jardin ne pent avoir une afire de plancher brute superieure a 70 metres carres; c) le pavillon jardin ne pent avoir une hauteur superieure, selon le cas : (i) a six metres, s'il est situ6 sur un lot dans une zone RC, RM, RL, R2 on R1, (ii) a huit m6tres, s'il est situ6 sur un lot dans toute autre zone; d) le pavillon jardin dolt Etre situ6 dans la cour am6re, a une distance minimale, selon le cas : (i) de deux m6tres d'une limite lat6rale du lot on de la limite arri6re du lot, s'il est situe sur un lot dans une zone RC, RM, RL, R2 on RI, (ii) de trois m6tres d'une limite lat6rale du lot on de la limite arri6re du lot, s'il est situe sur un lot dans toute autre zone; e) le pavillon jardin dolt Etre viabilis6 de la m6me mani6re qu'un batiment principal on qu'une construction principale et conformement a Particle 8.16; f) malgr6 1'alin6a e), s'agissant des lots situes dans une zone RC, RM, RL, R2 on R1, le branchement d'61ectricit6 doit Etre souterrain; g) les marges de retrait obligatoires mentionn6es a 1'alin6a d) doivent Etre paysagees conformement a Particle 6.2; h) conform6ment a la partie 4, it dolt y avoir all moins un emplacement de stationnement sur les lieux pour le pavillon jardin en plus de ceux exiges pour les autres usages exerces sur le lot; h) [abrog6 : 2016, C.P. 111-35]; i) les gites touristiques, foyers-garderies, activites professionnelles a domicile, garderies de quartier, logements accessoires et logements avec services de soutien ne sont permis dans aucun batiment situe sur IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2020 and signed by: Mayor/Maire le lot. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading / Premiere lecture Second Reading / Deuxieme lecture Third Reading / Troisieme lecture Attachment 3: Municipal Plan Policy Review — 913 Latimore Lake Road Policv/Policies and Subject Area General residential polices Policy LU -42 Establish appropriate provisions in the Zoning Bylaw to require new development to have appropriate setbacks, massing and height to create and maintain high quality residential environments. General Housing Policies / Manufactured Housing Policy HS -1 Monitor the land supply for housing across the City, to ensure it is adequate to meet the housing needs of all residents. Policy HS -6 Monitor housing tenure, particularly in the Neighbourhood Intensification Areas, to ensure a balanced supply of rental and homeownership opportunities. Policy HS -24 Permit manufactured housing in all areas of the City, in accordance with Zoning By-law provisions and the National Buildina Code. Implementation Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or inappropriate by reason of: i. Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy 1-7 and 1-8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy or proximity of school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and Staff Comment General residential polices The proposed two unit manufactured housing units would have similar massing and setbacks to that found in existing manufactured housing developments. General Housing Policies / Manufactured Housing This is a new type of housing that provides an option for that would be affordable for both rental and ownership tenures. An expanded definition of a mobile or mini home conforms to the intent of permitting manufactured housing in all areas of the City. Implementation The proposed by-law amendment meets the intent of providing additional housing forms in the City and additional affordable housing. Staff note the introduction of the two -unit form of mobile and mini homes represents a minor increase in density and does not impact the City's financial ability to provide services nor the adequacy of infrastructure. Manufactured housing developments within the City are either serviced by existing municipal or private communal services, as is the case with the subject site. Appropriate controls are available through the City's Mobile Home Parks By-law, Zoning By- law and Building By-law, which regulate the provision of manufactured housing in the City. NOW Attachment 3: Municipal Plan Policy Review — 913 Latimore Lake Road v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of: i. Type of use; ii. Height, bulk or appearance and lot coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e. The proposal satisfies the terms and conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary public health and safety considerations. 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REAR of L- - -Ln 8'x 10' DECK 8'x 10' DECK 20'-0" 0 (Y) N n L- 0 O _O H N O .(n U) .E c I r _ _ I I Q� m T m N Ln Ln I R'S!" c� N IT F a CL m a 'c w E to u � 1 w m E al N m 4— .� E 0 I 1 w m E al N as r /SIN a r r f/SOWy9�n �, tfg"fl, lki r rGrn%rfr r wy w *, �; Ai / ii �J �r� �, air r'a�wJ %' ✓ did r C', �/ 4 re ' ('a !/ r �M yrr, w r, ter, ,rC` , "I I ; I „ ,wdrI ,,, „ 1,1, �,a'�! -ra'iu,,.al a,q � U rr /, - r ky 0I, r jo Al r y y r / r fa ;��f ,,,,i •y � ���p� '��� � j' '��a &rte �va�; taf�'�i�hrtiw;aw:v �,.�1�ruYla �..............A qg-/.Illl M .................. � { � � } ................ ............ } � � � 74- } � I............................................. . ........ ......................................... q, M -ti ........................................................................................................................................................................................................................... I I y DECK I I I E co co N Ln Ld ti 11 11 fY" N -'T A'4 IN 3 FIs ll VIA474 ® IN 1 f Zi 1;.51 1 1 'ru, fJ MM. 1-77 EM 14 dfeF 3ANO SNTONDN 151 QlA � Eil 121 1. -10 Val I L 21 0 a r*_ a w 0 a) LM LL M W. �Tz , 1�IM F 6µe»ar N r -I �Tz , N w< N r -I ■ O N W V co O ca O v as OC U a a as r /SIN a r r f/SOWy9�n �, tfg"fl, lki r rGrn%rfr r wy w *, �; Ai / ii �J �r� �, air r'a�wJ %' ✓ did r C', �/ 4 re ' ('a !/ r �M yrr, w r, ter, ,rC` , "I I ; I „ ,wdrI ,,, „ 1,1, �,a'�! -ra'iu,,.al a,q � U rr /, - r ky 0I, r jo Al r y y r / r fa ;��f ,,,,i •y � ���p� '��� � j' '��a &rte �va�; taf�'�i�hrtiw;aw:v �,.�1�ruYla �..............A qg-/.Illl PROPOSED ZONING BY-LAW AMENDMENT RE: 913 LATIMORE LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held via web conference on Monday, July 6, 2020 at 6:30 p.m., by: (a) Amending the definition of a "mobile or mini - home" to allow for a "mobile or mini -home" to contain one or two dwelling units. (b) Amending existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses. (c) Amending Section 9.8 Garden Suites, to provide clarity with respect to the interpretation of these land uses. REASON FOR CHANGE: PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: 913, CHEMIN LATIMORE LAKE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de The City of Saint John, par conference Web le lundi 6 juillet 2020 A18h30: (a) Modifier la definition de « maison mobile » ou mini-maison » afin de permettre a une maison mobile » ou « mini-maison » de contenir une ou deux unites d'habitation. (b) Modifier des definitions existantes par de nouvelles definitions afin de fournir des precisions quant a ('interpretation de ces usages du terrain. (c) Modifier d'article 9.8 Pavillons-jardins, afin de fournir des precisions quant a ('interpretation de ces usages du terrain. To permit a mobile or mini home to contain two dwelling units in the manufactured housing development located at 913 Latimore Lake Road (PID 55023097) and other areas of the City. RAISON DE LA MODIFICATION: Permettre a une maison mobile ou mini-maison de contenir deux unites d'habitation dans le complexe de logements manufactures existant situe au 913, chemin Latimore Lake (NID 55023097) et dans d'autres quartiers de la ville. For details on how to participate in the Public Hearing, to inspect the amendment, or to register to participate please contact the Office of the Common Clerk at comm Mirk@iu.trlhu:.. Saint John Council meetings can be viewed online at Ih.ttps..//wy..u.tjr�lhuw. Written objections to the amendment may be sent to the undersigned at City Hall or via email at commonclerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec Ie bureau du greffier commun a I'adresse cry.mmg.0 glg.irk. saiu�tiolhu�.ca. Les reunions du Conseil de Saint John peuvent etre consultees en ligne a lhttDs://www.voutube.com/useir/saiuitiolhuiweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse commonclg.irk.@saiu�tiohu�.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 M91191 ✓ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program /service; the collection is limited to that which is necessary to deliver the program / service Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent, The legal authorityfor collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act, For further information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 81h Floor - 15 Market Square Saint John, NB E2L IE8 l rA9dq/"d�L�:)Arlr.±rxllsxdp wn5-# (506) 658-2862 The aly d5W MM 251 I, the undersigned, hereby apply for the permit(s) or opproval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed Applicant Nauru p1lic in ignolure /r%/ ?_ ;-0/20 Date ..,.. �..._. ir r ! I l 1 LOCATION CIVICADDRESS: 1913 Latimore Lake Road PID#: 155023097 HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #: 20-0077 DATE RECEIVED: May 8, 2015 At Aimee .»,........._. RECEIVED BY: APPLICANT EMAIL ......... ......... PFi°° NE Rod Adams radams@northrupgroup.ca 506-634-5717 0 MAI LING ADDRESS POSTAL CODE PO Box 1289, Saint John, NB E2L 4G7 CONTRACTOR EMAIL PHONE MAI LING ADDRESS POSTAL CODE w OWNER EMAIL PHONE �Haldor(1972)Ltd. radams northrupgrou .ca 506-634-5717 MAI LING ADDRESS POSTAL CODE PO Box 1289, Saint John, NB E2L 4G7 PRESENT USE: Mini Home Park PROPOSED USE: Addition of Duplex Manufactured Housing BUILDING PJLA NIN INJE:R S'7!'I U G°I.VI 15 HERITAGE INTERIOR RENOVATION NEW CONSTRUCTION VARIANCEOSTREETEXCAVATION HERITAGE DEVELOPMENT F�EXTERIORRENOVATION []ACCESSORY BLDG []PLANNING LETTER [_]DRIVEWAY CULVERT HERITAGESIGN ADDITION POOL OPAC APPLICATION DRAINAGE HERITAGE INFILL DECK DEMOLITION �COUNCILAPP 1:1WATER&SEWERAGE HERITAGE DEMO nCHANGE OFUSE OSIGN SUBDIVISION OTHER OTHER '45 E]MINIMUMSTANDARDS R✓ OTHER ®OTHER Text amendment to the City's Zoning By -Law to allow for addition of Duplex Manufactured U. '3; ✓ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program /service; the collection is limited to that which is necessary to deliver the program / service Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent, The legal authorityfor collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act, For further information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 81h Floor - 15 Market Square Saint John, NB E2L IE8 l rA9dq/"d�L�:)Arlr.±rxllsxdp wn5-# (506) 658-2862 The aly d5W MM 251 I, the undersigned, hereby apply for the permit(s) or opproval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed Applicant Nauru p1lic in ignolure /r%/ ?_ ;-0/20 Date ..,.. �..._. a,.. Council Application 08V "'I"" t Sho e OWT11 I& COMMUNH. Y DE Y Q�d..OQ�'i'�ICp�QII ICI�Q�,E OP, OR �m r pu ps CA TY OFANT J011...N CA C^ADDRESS 913 Latimore Lake Road APPLICATION # .... FEE PAID Y _...w N .... TYPE OF APPLICATION Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,500 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. See attached information -AUditlona in orma ioin -t? "be su mite— py as plicae uu AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional ation that will be necessary for this application, RegOered,ftner or Authorized Agent Additional Registered Owner Date 7... i-- ...............•...._.... www w _ Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 252 Council Application Land for Public Purposes Release Service Fee: $300 Section 39 Amendment Service Fee: $2,500 Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,500 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. See attached information -AUditlona in orma ioin -t? "be su mite— py as plicae uu AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional ation that will be necessary for this application, RegOered,ftner or Authorized Agent Additional Registered Owner Date 7... i-- ...............•...._.... www w _ Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 252 Council Application F ie 0 I C-3 40'- 0" 8'x 10' DECK 8'x 10' DECK 2 B. R. 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Section 3.1 is amended by deleting the definitions for "garden suite", "mobile or mini home", "semi-detached dwelling", and "two -unit dwelling" and replacing them with the following: "garden suite" means any secondary use to a one -unit dwelling or a mobile or mini - home containing one dwelling unit, where another dwelling unit is established in a separate building on the same lot. "mobile or mini -home" means a detached dwelling containing one or two dwelling units having a length or width of less than five metres, but does not include: (a) A detached dwelling comprised of two or more sections with a width and length of five or more metres at all points; or (b) Major recreational equipment. "semi-detached dwelling" means a building containing two dwelling units arranged side by side and separated vertically by a common wall that extends from the foundation to the roof, but does not include a mobile or mini home. "two -unit dwelling" means a building containing two dwelling units, but does not include a semi-detached dwelling or mobile or mini home. L'Arrete de zonage de The City of Saint John, edicte le 15 decembre 2014, est ainsi modifie : 1. L'article 3.1 est modifie par suppression des definitions de « habitation bifamiliale », « habitation jumelee », maison mobile » ou « mini-maison » et pavillon -j ardin » et leur remplacement par cc qui suit: habitation bifamiliale » Batiment comportant deux logements; soot exclues les habitations jumelees, les maisons mobiles et les mini-maisons. (dwelling, two -unit) habitation jumelee » Batiment comportant deux logements agences cote a cote et separes sur le plan vertical par un mur mitoyen allant de la fondation jusqu'au toit soot exclues les maisons mobiles et les mini-maisons. (dwelling, semi-detached) maison mobile » ou « mini-maison » Habitation isolee comportant un ou deux logements dont la longueur et la largeur sont inferieures a cinq metres, a 1'exclusion de cc qui suit : a) les habitations isolees composees de deux ou plusieurs sections dont la longueur et la largeur soot superieures a cinq metres en tous les points; b) les gros equipements recreatifs. (mobile or mini -home) pavillon-jardin» Vise un usage secondaire par rapport a une habitation unifamiliale, a une maison mobile ou a une mini-maison ou un autre logement se trouve dans un batiment distinct sur le meme lot. (garden suite) 2. Section 9.8 Garden Suites is 2. L'article 9.8 Pavillons-jardins est repealed and replaced with the following: abroge et remplace par cc qui suit: 9.8 Garden Suites Where permitted by this By-law, a lot containing a one -unit dwelling, or a mobile 9.8 Pavillons-jardins La ou le present arrete le permet, les lots comportant une habitation unifamiliale ou or mini -home containing one dwelling unit, as a main use may also contain a garden suite as a secondary use in separate building subject to the following requirements: (a) [Repealed: 2016, C.P. 111-35] (b) The garden suite shall not exceed a maximum gross floor area of 70 square metres; (c) The garden suite shall not exceed a maximum height of: (i) Six metres when located on a lot in a RC, RM, RL, R2, or R1 zone; and (ii) Eight metres when located on a lot in any other zone; (d) The garden suite shall be in the rear yard and not be closer than: (i) Two metres from a side and rear lot line when located on a lot in a RC, RM, RL, R2, or R1 zone; and (ii) Three metres from a side and rear lot line when located on a lot in any other zone; (e) The garden suite shall be serviced in the same manner as a main building or structure in accordance with section 8.16; (f) Notwithstanding paragraph (e), electrical service shall be provided underground when located on a lot in a RC, RM, RL, R2, or RI zone; (g) The required setbacks mentioned in paragraph (d) shall be landscaped in accordance with section 6.2; (h) In accordance with Part 4, there shall be at least one on-site parking space for the garden suite in addition to those required for any other uses of the lot; and (i) [Repealed: 2016, C.P. 111-35] 0) No bed and breakfast, home day care, home occupation, neighbourhood day care, secondary suite, or supportive housing is permitted in any building on the lot. une maison mobile ou mini-maison comportant un logement en tant qu'usage principal peuvent 6galement comporter un pavillon jadin en tant qu'usage secondaire exerc& dans un batiment distinct, sous r6serve des conditions suivantes : a) [abrog& : 2016, C.P. 111-35]; b) le pavillon -j ardin ne peut avoir une aire de plancher brute sup&rieure a 70 metres carr& s; c) le pavillon -j ardin ne peut avoir une hauteur sup6rieure, selon le cas : (i) a six m6tres, s'il est situ& sur un lot dans une zone RC, RM, RL, R2 ou RI, (ii) a huit m6tres, s'il est situ6 sur un lot dans toute autre zone; d) le pavillon -j ardin doit Etre situ& dans la cour arri&re, a une distance minimale, selon le cas : (i) de deux m6tres d'une limite lat6rale du lot ou de la limite arri6re du lot, s'il est situ& sur un lot dans une zone RC, RM, RL, R2 ou R1, (ii) de trois m6tres d'une limite lat6rale du lot ou de la limite arri6re du lot, s'il est situ& sur un lot dans toute autre zone; e) le pavillon-jardin doit Etre viabilis& de la m6me mani6re qu'un batiment principal ou qu'une construction principale et conform6ment a Particle 8.16; f) malgr6 1'alin6a e), s'agissant des lots situ&s dans une zone RC, RM, RL, R2 ou R1, le branchement d'61ectricit6 doit Etre souterrain; g) les marges de retrait obligatoires mentionn6es a 1'alin6a d) doivent Etre paysag6es conform6ment a Particle 6.2; h) conform6ment a la partie 4, it doit y avoir au moires un emplacement de stationnement sur les lieux pour le pavillon jardin en plus de ceux exig&s pour les autres usages exerc&s sur le lot; h) [abrog& : 2016, C.P. 111-35]; i) les gites touristiques, foyers-garderies, activit&s professionnelles a domicile, garderies de quartier, logements accessoires et logements avec services de soutien ne soot permis dans aucun batiment situ& sur IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2020 and signed by: Mayor/Maire le lot. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading / Premiere lecture Second Reading / Deuxieme lecture Third Reading / Troisieme lecture THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting Fees for Fire Protection Services in The City of Saint John By-law Number LG -9 An uncertified copy of this by-law is available online Pk.I Arrete concernant les droits associes aux services de protection contre les incendies de The City of Saint John Arrete numero LG -9 Une copie non certifiee de 1'arrete est disponible en ligase -2 - MIM TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article D6signation Page Recitals Preambule 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 6 3 Interpretation 6 4 Fees 7 4 Droits 7 5 Repeal 7 5 Abrogation 7 Schedule "A" 9 Annexe « A » 9 Schedule "B" 11 Annexe « B » 11 MIM -3 - RECITALS AND WHEREAS, The City of Saint John deems it advisable to make this by-law to establish fees for fire protection services provided by or on behalf of the local government; WHEREAS, paragraph 10(1)(1) of the Local Governance Act, S.N.B. 2017, c. 18, authorizes a local government to make by-laws for municipal purposes respecting programs and services provided by or on behalf of the local government; AND WHEREAS, paragraph 10(6)(4) of the Local Governance Act authorizes a local government to establish fees for programs or services provided by or on behalf of the local government; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this By- law was discussed, was provided in accordance with the provisions of the Local Governance Act. PREAMBULE ATTENDU QUE, The City of Saint John estime souhaitable d'adopter le present arrete pour fixer des droits pour les services de protection contre les incendies offerts par ou pour le compte du gouvernement local. ATTENDU QUE,1'alinea 10(1)i) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, autorise un gouvernement local a prendre des arretes a des fins municipales concernant les programmes et les services qu'il fournit ou qui sont fournis pour son compte; et ATTENDU QUE,1'alinea 10(6)d) de la Loi sur la gouvernance locale autorise un gouvernement local a fixer des droits au titre des programmes ou des services que fournissent le gouvernement local ou qui soot fournis pour son compte; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur la gouvernance locale. NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1 This By-law may be cited as the Fire 1 Le present arrete peut etre cite sous le titre Protection Fees By -Law (hereinafter the `By- Arrete concernant les droits associes a la law"). protection contre les incendies (ci-apres 1' arrete » . Definitions D6finitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s' appliquent au law. present arrete. "building" means any structure used or intended for supporting or sheltering any use or occupancy; (Mliment) Q-91 batiment » designe toute construction utilisee ou destinee a etre utilisee pour abriter ou recevoir des personnes, des animaux ou des choses; (building) "City" means The City of Saint John; « municipalite » designe The City of Saint John; (municipalite) (City) "Common Council" means the elected municipal council of the City; (conseil communal) "Fire Chief" means the Chief of the Fire Department of the City; (chef des pompiers) "fire code" means the current edition of the National Fire Code of Canada adopted by the Province of New Brunswick in the Fire Prevention and Inspection Regulation, NB Reg 82-20; (code de prevention des incendies) "Fire Department" means the Fire Department of the City; (division des services d'incendies) "fire inspection" means an inspection carried out by a fire prevention officer or local assistant to determine compliance with the building standards and fire prevention standards incorporated in the Fire Prevention and Inspection Regulation, NB Reg 82-20, and prescribed for the purposes of the Fire Prevention Act, R.S.N.B. 1973, c F-13; (inspection de securite-incendie) "fire inspection clearance letter" means a letter or electronic correspondence indicating that with respect to a particular building or occupancy there are no violations or that the outstanding violations were corrected; (lettre d'attestation d'inspection de securite-incendie) "fire inspection frequency schedule" means the fire inspection frequency schedule for the inspection of buildings in the Province of New Brunswick adopted by the Office of the Fire conseil communal » designe les membres &lus du conseil municipal de la municipalite; (Common Council) chef des pompiers » designe le chef de la division des services d'incendies de la municipalite; (Fire Chief) code de prevention des incendies » designe 1' edition actuelle du Code national de prevention des incendies du Canada adopt& par la province du Nouveau -Brunswick dans le Reglement sur Vinspection et sur la prevention des incendies, R&gl. du N. -B. 82-20; ire code) division des services d'incendies » designe la division des services d'incendies de la municipalit&; (Fire Department); inspection de securite-incendie » designe une inspection men&e par un agent de pr&vention des incendies ou un assistant local pour d&terminer la conformit& aux normes de construction et de pr&vention des incendies int&gr&e dans le Reglement sur Vinspection et sur la prevention des incendies, R&gl. du N. -B. 82-20, et et vis&e par reglement pour 1'application de la Loi sur la prevention des incendies, L.R.N.-B.1973, ch. F-13; ire inspection) lettre d'attestation d'inspection de securite-incendie » designe une lettre ou une correspondance &lectronique qui pr&cise qu' en ce qui concerne un bdtiment ou une occupation quelconque aucune infraction n'existe ou que les infractions qui avaient W identifi&es ont W corrig&es; ire inspection clearance letter) calendrier visant la frequence des inspections de securite-incendie » designe le calendrier visant la frequence des inspections de securite-incendie pour l'inspection des bdtiments -5 - Marshal in Bulletin No. 2015-02; (calendrier dans la province du Nouveau -Brunswick adopt& visant la frequence des inspections de par le Bureau du pr&vot des incendies dans le securite-incendie) Bulletin n'2015-02; ire inspection frequency schedule) "fire prevention officer" means a fire prevention officer appointed under the Saint John Fire Protection By-law, By-law Number M-34, or a local assistant appointed under the Fire Prevention Act, R.S.N.B. 1973, c F-13; (agent de prevention des incendies) "fire watch" means the active process of keeping watch or patrol on hot works or fire hazards in an area which does not have working automatic fire warning systems or fire suppression systems; (piquet d'incendie) "fireworks" means and includes any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation; (pieces d'artifice) "fireworks permit" means a permit issued under the Saint John City Fireworks By-law, By-law Number C-5; (permis pour les pieces d'artifice) "local assistant" means a local assistant appointed under the Fire Prevention Act, R.S.N.B. 1973, c F-13; (assistant local) "occupancy" means and includes assembly occupancy, care occupancy, mercantile occupancy, residential occupancy and treatment occupancy, as defined under the fire code; (usage) "occupant load" means the number of persons for which a building or part thereof is designed; (nombre de personnel) PURI agent de prevention des incendies » d&signe un agent de pr&vention des incendies nomm& en vertu de 1'Arre1e sur la protection contre les incendies de Saint John, arrW num&ro M-34, ou un assistant local nomm& en vertu de la Loi sur la prevention des incendies, L.R.N.-B.1973, ch. F-13; ire prevention officer) piquet d'incendie » d&signe le processus actif de surveiller ou de patrouiller les travaux a chaud ou les risques d'incendie dans un secteur qui n'est pas muni de syst&me d'alarme incendie automatique ou de systeme d'extinction des incendies; ire watch) pieces d'artifice >> d&signe et s'entend notamment de tout compos& combustible ou explosif, de toute substance ou combinaison de substances ou d'articles prepares en vue de produire un effet visible ou audible par combustion, explosion, d&flagration ou d&tonation; (fireworks) permis pour les pieces d'artifice » d&signe un permis d&livr& en vertu de 1'Arre1e de Saint John sur les pieces d'artifice; fireworks permit) assistant local » d&signe un assistant local nomm& en vertu de la Loi sur la prevention des incendies, L.R.N.-B. 1973, ch. F-13 ; (local assistant) usage » d&signe et inclut les &tablissements de r&unions, les &tablissements de soins, les &tablissements commerciaux, les habitations et les &tablissements de traitement, tels que d&finis dans le code de pr&vention des incendies; (occupancy) nombre de personnes » d&signe le hombre d'occupants pour lequel un bdtiment, ou une partie de bdtiment, est conqu; (occupant load "occupant load card" means a card containing the occupant load of a building; (carte indiquant le nombre de personnel) "person" includes a corporation, partnership or society and the heirs, executors, administrators or other legal representatives of a person as well as any owner, occupant, tenant or other person having use, occupation, charge or control of any building, structure or place in the City; (personne) carte indiquant le nombre de personnes » designe une carte qui indique le hombre de personnes pour lequel un batiment est con�u; (occupant load card) personne » y soot assimiles une corporation, une societe en nom collectif, une societe, et les heritiers, executeurs testamentaires, administrateurs ou autres representants legaux d'une personne, de meme que tout proprietaire, occupant, locataire ou autre personne ayant 1'usage, 1'occupation, la garde ou la surveillance d'un batiment, d'une construction ou d'un endroit dans la municipalite de Saint John; (person) "pyrotechnics" means a fireworks display; « pyrotechnie » designe le tir de pieces d'artifice; (pyrotechnie) (pyrotechnics) "special event" means (a) a public event conducted for the advancement of charitable, educational or community objectives, (b) a public event designated by the City as an event of significance to the City, or (c) a public event conducted without the intention of commercial or personal gain or profit. (evenement special) Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all PUT -1 evenement special » designe a) un evenement public organise en vue de l' avancement d' obj ectifs caritatifs, educatifs ou communautaires, b) un evenement public designe par la municipalite comme ayant une portee importante pour la municipalite, ou c) un evenement public organise sans aucun but commercial ou qui ne soit pas organise en vue de rapporter un gain personnel ou de faire un profit personnel. (special event) Interpretation 3 Les regles d'interpretation suivantes s'appliquent au present arrete : a) Les titres, intertitres et num&ros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre -7 - changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. (f) The Schedules attached to this By- law are included in and shall be considered part of this By-law. Fees 4(1) The City shall collect fees for fire protection services delivered by the Fire Department as described in Schedules A and B. grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de The City of Saint John visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de The City of Saint John ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n' entache en rien la validite de 1' arrete dans son ensemble ni de toute autre disposition. f) Les annexes jointes au present arrete soot incluses et doivent etre considerees comme faisant partie du present arrete. Droits 4(1) La municipalite per�oit des droits au titre des services de protection contre les incendies fournis par la division des services d'incendies comme decrits a 1'annexe « A » et a l' annexe « B ». 4(2) A person shall pay the fees described in 4(2) Une personae paie les droits decrits a Schedules A and B. 1'annexe « A » et a 1'annexe « B ». Repeal Abrogation 5 A By-law of The City of Saint John 5 L'arrete de The City of Saint John edicte le enacted on the 91' day of July 2018 entitled `By- 9'j our de juillet 2018 intitule « Arrete N° M-34.1, KIM law Number M-34.1, A By-law respecting Fees for Fire Protection Services in The City of Saint John" and all amendments thereto are repealed. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of June, A.D. 2020 and signed by: Arrete concernant les droits associes aux services de protection contre les incendies de The City of Saint John », ensemble ses modifications, soot abroges. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le juin 2020, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - June 22, 2020 Premiere lecture - le 22 juin 2020 Second Reading - June 22, 2020 Deuxieme lecture - le 22 juin 2020 Third Reading - Troisieme lecture - f►Z1.1:3 SCHEDULE "A" ANNEXE « A)) Item No. 1 Rubrique No 1 Emergency Response Services Services d'intervention d'urgence Expenses or cost recovery for emergency response Depenses ou recouvrement des couts associes aux services with respect to insured perils as identified in services d'intervention d'urgence en cc qui a trait aux affected properties insurance policy risques assurables tels qu'identifies dans la police d'assurance de la propn*W concernee Description Fees Description Droits Overtime personnel Coat associe an cost: personnel qui effectue des heures supplementaires • Management Expenses as outlined in • Employes cadres Depenses comme prevues employees the management terms dans les modalites et and conditions conditions d'emploi des employes -cadres • Unionized employees Expenses as outlined in • Employes syndiques Depenses comme prevues the current collective dans la convention agreement collective actuelle • Salvage Corp cost for Expenses to mobilize the • Cout associe a la Depenses associees a la security Saint John Fire Police securite offerte par le mobilisation du Saint Salvage Corps for corps de sauvetage John Fire Police Salvage security of the scene Corps pour assurer la securite des lieux Personnel rehabilitation Incident cost related to Coat associe a la Cout de l'intervention cost: providing nourishment to rehabilitation du associe a la nourriture response crews personnel : offerte aux equipes d'intervention Emergency response Unites des interventions units: d'urgence: • Destroyed equipment Replacement cost less • Equipement detruit Cout de remplacement depreciation moires la depreciation • Maintenance / repair Actual cost of • Entretien/reparation Cout reel de 1'entretien ou of equipment used at maintenance and /or d'equipement utilise de la reparation emergency incident repair lors d'une intervention d'urgence K-16.1 -10- PANDI • Firefighter gear - 1/100 cost per hour per • Equipement de 1/100 du co -at horaire par complete ensemble person pompier — equipement personae complet • Firefighter SCBA / 1/100 cost per hour per • Pompier APRA / 1/100 du co -at horaire par thermal imager person imageur thermique personae • Air monitoring / 1/100 cost per hour • Surveillance de 1/100 du co -at horaire detection equipment fair/equipement de detection • Power tools / hydraulic 1/100 cost per hour • Outils 1/100 du co -at horaire equipment electriques/equipement hydraulique Materials cost: Coat des materiaux • Water Rate as established per • Eau Taux tel qu'etabli par Saint John Water Saint John Water • Foam Replacement cost of used • Mousse Cout de remplacement de quantity la quantite utilisee • Plus any additional Cost specific to each • Plus tout co -at Cout specifique associe a costs for each and incident additionnel associe a chaque intervention every incident chaque intervention Demolition cost: Coat de demolition : • Raze fire damaged Cost associated with • Raser un batiment Cout associe a la building demolishing fire damage endommage par un demolition d'un batiment building incendie endommage par un incendie • Remove debris Cost to remove and • thminer les debris Cout associe au retrait et a dispose of debris from fire 1'e11mination des debris damaged building or provenant d'un batiment property ou d'une propriete endommagee par un incendie Administration cost: Frais administratifs • Gathering and $285.00 • Collecte et 285 S recording of enregistrement de information including l'information y submission process compris le processus de soumission. PANDI -11- SCHEDULE `B" ANNEXE « B)) Item No. 1 Rubrique No 1 Stand-by Services Services d'astreinte Expenses or cost recovery for stand-by services Depenses ou recouvrement des couts associes aux services d'astreinte Description Fees Description Droits • Fireworks $500.00 per hour • Pieces d'artifice 500 $/1'heure • Pyrotechnics $125.00 per hour for each . Tir de pieces d'artifice 125 $/1'heure pour (minimum attendance fire prevention officer (participation chaque agent de of 3 hours) minimale de 3 heures) prevention des incendies • Fire watch $500.00 per hour • Piquet d'incendie 500 $/1'heure Item No. 2 Rubrique No 2 Reports and Requests Rapports et demandes Expenses and cost recovery for the search, production, Depenses et recouvrement des couts pour la recherche, redaction (if applicable), processing and distribution of la production, le caviardage (si applicable), le reports and requests related to fire inspections and fire traitement et la distribution de rapports et de demandes investigations liees aux inspections de securite-incendie et aux enquetes sur les incendies Description Fees Description Droits • Incident report $125.00 • Rapport d'incident 125$ (standard) (standard) • Incident report $250.00 • Rapport d'incident 250$ (including fire (incluant la portion investigation narrative) narrative de 1'enquete sur un incendie) • Fire investigation $250.00 • Rapport d'enquete sur 250$ report un incendie (version (summary version) sommaire) • Fire investigation $1,500.00 • Rapport d'enquete sur 1 500$ report (complete un incendie (version version, including complete incluant les pictures and/or videos) photos et/ou videos) • Review of fire $125.00 per hour for each . Revision d'un rapport 125 $1'heure pour chaque investigation report by fire prevention officer d'en uete sur un agent de prevention des 271 -12- fire prevention officer during regular office incendie par un agent incendies durant les hours de prevention des heures regulieres de incendies bureau $200.00 per hour for each 200 $1'heure pour chaque fire prevention officer agent de prevention des outside of regular office incendies a 1'exterieur des hours heures regulieres de bureau • Property information $125.00 per civic address • Demande de 125 $ par adresse request or $125.00 per rental unit renseignements municipale ou 125 $ par up to a maximum of concernant une logement locatif jusqu'a $1,500.00 propriete un maximum de 1 500 $ $250.00 per civic address 250 $ par adresse or $250.00 per rental unit municipale ou 250 $ par up to a maximum of logement locatif jusqu'a $3,000.00 if request is to un maximum de 3 000 $ be processed within three si la demande doit etre (3) business days or less traitee a 1'interieur de trois (3) jours ouvrables ou moins Item No. 3 Rubrique N° 3 Fire Inspections Inspections de securite-incendie Expenses or cost recovery for fire inspections Depenses ou recouvrement des couts pour les following the fixed fire inspection frequency schedule inspections de securite-incendie suivant le calendrier including second and subsequent re-inspections visant la frequence de securite-incendie etabli, incluant Finspection effectuee une deuxieme fois et toute inspection subsequente. Description Fees Description Droits • Fire inspection No fees applicable • Inspection de Aucun droit applicable (following fixed fire securite-incendie inspection frequency (suivant un calendrier schedule) visant la frequence de securite-incendie etabli) • First re-inspection No fees applicable • Inspection effectuee a Aucun droit applicable nouveau (premiere fois) • Second and $300.00 per re-inspection • Inspection effectuee a 300 $ par inspection subsequent nouveau pour une effectuee a nouveau re-inspections deuxieme fois et toute The fee is refundable if ins ection subse uente Le droit est remboursable NO -13 - PArW the outstanding violations si les infractions ont ete were corrected corrigees • Fire inspection $150.00 per letter • Lettre d'attestation 150 S par lettre clearance letter d'inspection de $50.00 if letter required securite-incendie 50 S si la lettre est requise for a special event pour un evenement special • Calculation of $100.00 per calculation • Calcul du hombre de 100 S par calcul occupant load personnes (sauf dans le (except for new $200.00 per calculation cas dune nouvelle 200 S par calcul si la construction or when if request is to be construction ou demande doit etre traitee included in a fire processed within six (6) lorsqu'il est inclus en six (6) jours ouvrables inspection clearance business days or less dans une lettre ou moins letter) d'attestation d'inspection de securite-incendie) • Replacement of $50.00 per replacement • Remplacement d'une 50 S par remplacement occupant load card carte indiquant le $100.00 per replacement hombre de personnes 100 S par remplacement si if re -calculation of le recalcul du hombre de occupant load is required personnes est requis • Request for fire $250.00 per civic address • Demande d'inspection 250 S par adresse inspection or $250.00 per rental unit de securite-incendie (a municipale ou 250 S par (outside of fixed fire up to a maximum of 1'exterieur du logement locatif jusqu'a inspection frequency $2,500.00 calendrier visant la un maximum de 2 500 S schedule) frequence de securite-incendie etabli) Item No. 4 Rubrique No 4 Evidence Elements de preuve Expenses or cost recovery pertaining to the handling, Depenses ou recouvrement des co-ats relatifs a la storage and visual examination by third parties of fire manutention, a 1'entreposage et a 1'examen visuel par investigation evidence des tierces parties d'elements de preuve associes a une enquete sur un incendie Description Fees Description Droits • Storage of retained $50.00 a month per item • L'entreposage 50 S par mois par article evidence d'elements de preuve (beyond the date of conserves (au -dela de completion of the la date de finalisation preliminary fire du rapport d'enquete investigation report) preliminaire sur un incendie) PArW -14 - Retained evidence $88.00 per hour during • Elements de preuve 88 $1'heure durant les (visual examination by regular office hours conserves (examen heures regulieres de third parties) visuel par des tierces bureau parties) $125.00 per hour outside 125 $1'heure a 1'exterieur of regular office hours des heures regulieres de bureau Item No. 5 Rubrique N° 5 Permits and Other Services Permis et autres services Expenses or cost recovery for permits and non- Depenses et recouvrement des couts pour les permis et emergency response services les services d'intervention non urgents Description Fees Description Droits • Fireworks permit $50.00 for a special event • Permis pour pieces 50 $ pour un evenement or $100.00 if the d'artifice special ou 100 $ si la application is to be demande doit etre traitee processed within eight (8) dans les huit (8) jours business days of the ouvrables de la date scheduled date for the prevue de 1'evenement special event special $150.00 for all other 150 $ pour tout autre events or $300.00 if evenement ou 300 $ si la application is to be demande doit etre traitee processed within eight (8) dans les huit (8) jours business days of the ouvrables de la date scheduled date for the prevue de 1'evenement event • Request for any other $75.00 per request • Demande pour toute 75 $ par demande purpose not expressly autre fin non specifiee provided for in this dans la presente Schedule annexe A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION OF PARKING IN THE CITY OF SAINT JOHN, BY-LAW NUMBER LG -8, AND AMENDMENTS THERETO ARRETE MODIFIANT VARRETE RELATIF A LA REGLEMENTATION DU STATIONNEMENT DANS THE CITY OF SAINT JOHN, ARRETE NUMERO LG -8, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d&cr&t& cc qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG -8" and amendments thereto, enacted on the 271' day of January, A.D. 2020, is hereby amended as follows: Par les pr&sentes, 1' arret& de The City of Saint John intitul& « Arret& relatif a la r&glementation du stationnement dans The City of Saint John, Arrete num&ro LG -8 » et modifications aff&rentes, decrete le 27' jour d'janvier 2020, est modifi& comme suit : 1. The following subsection is added 1. Le paragraphe suivant est ajout& immediately after subsection 7(5): imm&diatement apr&s le paragraphe 7(5) : "7(6) No person shall park a vehicle in a parking space listed in Schedule "A-1" unless the fee that is shown on the parking machine for the use of the parking space has been paid and the time has not expired." 2. Schedule "A-1" — Parking Spaces for Specified Times is added immediately after Schedule "A": 7(6) 11 est interdit de stationner un v&hicule dans un emplacement de stationnement mentionn&e a 1'annexe « A-1 » a moires que les frais indiqu&s sur la machine pour payer le stationnement pour 1'utilisation de 1'emplacement de stationnement aient &t& acquitt&s et que le temps de stationnement permis ne soit pas &coul&. » 2. L'annexe « A-1 » — Emplacement de stationnement a des heures pr&cis&es est ajout&e immediatement apres 1' annexe « A » : SCHEDULE A-1 PARKING SPACES FOR SPECIFIED TIMES ANNEXE A-1 EMPLACEMENT DE STATIONNEMENT A DES HEURES PRECISEES Street Side Limits Time Rue C6t6 Limites Dur6e Canterbury East Commencing at a 15 rue est a partir d'un point 15 Street point 12 metres mins. Canterbury situ& a 12 metres au min north of Grannan nord de la rue Street and Grannan jusqu'a un extending 6.5 point situ& 6,5 metres northerly metres plus loin en direction nord PAW Charlotte East Commencing at a 15 rue est a partir d'un point 15 Street point 9.3 metres mins. Charlotte situ& a 9,3 metres min north of King au nord de la place Square North and King Nord jusqu'a extending 6.5 un point situ& 6,5 metres northerly metres plus loin en direction nord Germain East Commencing at a 15 rue est a partir d'un point 15 Street point 4 metres mins. Germain situ& a 4 metres au min north of North nord de la rue Market Street and North Market extending 6.5 jusqu'a un point metres southerly situ& 6,5 metres plus loin en direction sud Germain East Commencing at a 15 rue est a partir d'un point 15 Street point 46.5 metres mins. Germain situ& a 46,5 metres min south of King au sud de la rue Street and King jusqu'a un extending 6.5 point situ& 6,5 metres southerly metres plus loin en direction sud Germain West Commencing at a 15 rue ouest a partir d'un point 15 Street point 37.4 metres mins. Germain situ& a 37,4 metres min north of Princess au nord de la rue Street and Princess jusqu'a un extending 6.5 point situ& 6,5 metres northerly metres plus loin en direction nord King Square South Commencing at a 15 place King sud a partir d'un point 15 North point 14.4 metres mins. Nord situ& a 14,4 metres min east of Charlotte au 1'est de la rue Street and Charlotte jusqu'a extending 3.6 un point situ& 3,6 metres easterly metres plus loin en direction est Prince East Commencing at a 15 rue Prince est a partir d'un point 15 William point 17.2 metres mins. William situ& a 17,2 metres min Street north of Princess au nord de la rue Street and Princess jusqu'a un extending 6.5 point situ& 6,5 PAFV IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2020 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le pr&sent arret& le 2020, avec les signatures suivantes Mayor / maire Common Clerk / greffier communal First Reading - June 29, 2020 Premiere lecture Second Reading - June 29, 2020 Deuxi&me lecture Third Reading - Troisi&me lecture PxrA - le 29 juin 2020 - le 29 juin 2020 metres northerly metres plus loin en direction nord Prince West Commencing at a 15 rue Prince ouest a partir d'un point 15 William point 37.2 metres mins. William situ& a 37,2 metres min Street south of King au sud de la rue Street and King jusqu'a un extending 6.5 point situ& 6,5 metres southerly metres plus loin en direction sud Princess North Commencing at a 15 rue Princess nord a partir d'un point 15 Street point 8.9 metres mins. situ& a 8,9 metres min east of Canterbury au 1'est de la rue Street and Canterbury jusqu'a extending 6.5 un point situ& 6,5 metres easterly metres plus loin en direction est Princess North Commencing at a 15 rue Princess nord a partir d'un point 15 Street point 44.9 metres mins. situ& a 44,9 metres min west of Charlotte a 1'ouest de la rue Street and Charlotte jusqu'a extending 6.5 un point situ& 6,5 metres westerly metres plus loin en direction ouest IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2020 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le pr&sent arret& le 2020, avec les signatures suivantes Mayor / maire Common Clerk / greffier communal First Reading - June 29, 2020 Premiere lecture Second Reading - June 29, 2020 Deuxi&me lecture Third Reading - Troisi&me lecture PxrA - le 29 juin 2020 - le 29 juin 2020 June 29, 2020 Deputy Mayor Shirley McAlary and Member of Saint John Common Council RE: To Help End Systematic Racism We Must Make Racial Discrimination a Punishable Offence Background Sunday, June 141', 2020 was a turning point in the history of Saint John. On that day 1000's of Saint Johners gathered in King's Square, marched down King Street and knelt silently in front of City Hall in support and solidarity with the Black Community and the Black Lives Matter movement. On June 141i, Saint Johners listened to the leaders of the Black Community as they spoke of the injustice of racial discrimination that for far too long has continued in our city, province, and country. As the elected leaders of our community we have not done enough to end racial discrimination. We can do more. We must do more. We must do as much as we can to end racial discrimination once and for all. The future success of Saint John depends on our city being inclusive and diverse. Our success depends upon no one experiencing racial discrimination on our watch and it depends on those who dare to racially discriminate being held to account. Motion Be it resolved that: 1. Common Council immediately and during this current meeting of Council hear a presentation from Dr. Timothy Christie and such other representatives of Black Lives Matter as Dr. Christie may advise concerning Dr. Christie's paper: "Exposing Systemic Racism and Racial Discrimination in the New Brunswick Human Rights Act"; 2. The City Manager direct the City Solicitor to provide a report to Council by not later than the end of August 2020 detailing all available options within the sole authority of the City of Saint John to impose all available penalties against any person who racially discriminates; 3. That the City Manager direct the appropriate City Staff to immediately prepare a proclamation in support of Black Lives Matter, confirming that racial discrimination in Saint John will not be {L0617708.2} (P4 . - - ----- - - -------------- -- SAID T JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wvwwsaintgohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1 ----------- P1E:j tolerated and that it is the objective of the City of Saint John to eliminate racial discrimination and to hold those who racially discriminate to publicly account; 4. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to the Province of New Brunswick calling on the province to enact amendments to appropriate legislation so as to make racial discrimination a provincially punishable offence; 5. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to each of the municipalities in New Brunswick calling on their Council's to also issue a letter to the Province of New Brunswick calling on the province to enact amendments to appropriate legislation so as to make racial discrimination a provincially punishable offence; and 6. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to the Government of Canada calling on the Federal Government to enact amendments to appropriate legislation so as to make racial discrimination an illegal act under the Criminal Code of Canada. Respectfully, Mayor Don Darling Encl. 1. Dr. Timothy Christie, Exposing Systemic Racism and Racial Discrimination in the New Brunswick Human Rights Act {L0617708.2} SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4L1 I www„saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 WAR] Exposing systemic racism and racial discrimination in the New Brunswick Human Rights Act Timothy Christie, BA(hons), MA, MHSc PhD.* *Regional Director, Ethics Services, Horizon Health Network *Adjunct Professor, Bioethics, Faculty of Medicine, Dalhousie University *Assistant Professor, Medical Education, Faculty of Medicine, Dalhousie University *Lecturer, Philosophy, Humanities and Languages, University of New Brunswick (Saint John) *Bioethics Section Editor, Current Oncology E-mail: dr.timothy.christie@gmail.com The intention of this article is to explain why the New Brunswick Human Rights Act perpetuates systemic racism and racial discrimination. Although well intentioned, New Brunswick's approach is fundamentally flawed on two basic counts. First, the onus is on the victim of racial discrimination to prove that a violation has transpired. Second, perpetrators of racial discrimination receive no criminal sanctions. This paper will argue that an essential first step in rectifying systemic discrimination in New Brunswick is to make racial discrimination a crime. Although this paper provides an indictment of the New Brunswick Human Rights approach, the reasoning applies equally to the Federal Government. Ultimately, racial discrimination must be listed as a crime in the Criminal Code of Canada. In New Brunswick, racial discrimination is prohibited by the New Brunswick Human Rights Act. The Act provides that a victim has the right to submit a written complaint to the Human Rights Commission, after which the Commission (assuming it deems the complaint has merit) will attempt to affect a settlement between the parties. The Commission serves as a neutral third party that does not advocate for either side. The objective of the Act is to restore the victim to the position they would have been in "but for" the racial discrimination. For example, the perpetrator could be ordered to stop their discriminatory behaviour, compensate the victim, or reinstate an employee. The Commission also has the discretion to dismiss a complaint at any Dr. Timothy Christie - July 01, 2020 280 stage of the process. This approach offers the appearance of a remedy to racial discrimination; however, the truth is that it further victimizes victims. First, the Commission is extremely unproductive, settling only 40 cases last year (i.e., 40/240=16%). It can take many years for the Commission to fulfil its mandate. For example, the UNB Women's Hockey Team filed a complaint with the Commission in 2008 and a settlement was not reached until 2016. Furthermore, the Commission's chief activity is to mediate human rights violations rather than prosecute them. The implication is that the Commission does not consider racial discrimination to be a crime but rather a matter to be discussed and mediated. Notwithstanding the plethora of operational problems with the Commission, there are fundamental structural problems within the New Brunswick system that perpetuate systemic discrimination. The first structural problem relates to the discretionary authority of the Commission and the requirement that the victim file a written complaint and assume the responsibility to navigate the complaint processes. If the victim does not have the legal competence to produce a complaint that is strong enough to convince the Commission to pursue it, or if they do not have the resources to hire legal experts to produce the complaint for them, then the victim's complaint might be dismissed. In the Commission's 2018-2019 annual report the Director lamented the fact that human rights complaints are becoming increasingly complex from a legal perspective. I quote from page 2 of the Annual Report: "Second, a growing number of complaints require more in-depth research and analysis due to their complex nature." If the process is complex for legal professionals working for the Commission, imagine the challenges faced by a victim who might not have legal expertise. The danger of putting the onus on the victim is that a complaint may be dismissed not because it is without merit, but because the victim lacks the legal competencies or the resources 2 Dr. Timothy Christie - July 01, 2020 M -15l to produce a complaint that satisfies the standards of the Commission. In 2018-2019, 62% of complaints to the Commission were not pursued, 24% were abandoned by the victim, and 38% were dismissed because of lack of evidence or because of a legal technicality such as the complaint being filed "out of time." A further disadvantage to the victim is that many racial discrimination cases are against sophisticated respondents who have the resources to navigate this complex system (e.g., universities, the police, government agencies). Victims of other crimes do not have to produce written complaints. They notify the authorities that they have been victimized and then the state initiates the criminal justice process. Following the principles of fundamental justice, the criminal can be arrested, interrogated, investigated, charged, convicted, receive a criminal record, and possibly serve time in jail. Normally, victims are not required to develop legal competencies or hire a legal team before a perpetrator can be prosecuted; the state has this responsibility. Secondly, if the victim is successful in proving that racial discrimination has occurred the perpetrator is not punished criminally. It is entirely appropriate to attempt to restore the victim to their original position, i.e., their position before the racial discrimination occurred. However, the perpetrator, who is typically in a position of power, may be permitted to retain their position even though they have committed racial discrimination. For example, a police officer whose only offence is racial discrimination might receive an administrative sanction, but they will likely retain their position as a police officer. By imposing criminal sanctions on the perpetrator, that person might no longer be able to function in their position of authority and future employment opportunities could be limited. Most employers, at least in the public sector, require a criminal record check and will not employ people with criminal records. For example, a police officer cannot be employed as a police Dr. Timothy Christie - July 01, 2020 282 officer with a criminal record, individuals cannot work for the government with a criminal record, and many universities refuse to hire people with criminal records. Thus, by imposing criminal sanctions on those who commit racial discrimination it will be possible to eventually remove many racists (i.e., racial discriminators) from positions of power in our society. At the very least the racist might be reluctant to act on their inclinations because of the implications of receiving a criminal punishment. Making racial discrimination a crime will require amending the Criminal Code of Canada. This should not be used as an excuse for inactivity or delay. Mechanisms exist within the purview of the province of New Brunswick to make racial discrimination a crime; it is possible to use the Provincial Offences Procedure Act to support legislation that makes racial discrimination a crime. Consider, for example, the New Brunswick Fish and Wildlife Act. An offender of this act can be arrested, searched, have their property seized, fined, and even imprisoned. In other words, in New Brunswick, a person can be arrested and go to jail for fishing or hunting illegally but not for racial discrimination. Could there be a clearer example of the expression systemic discrimination? In conclusion, the New Brunswick Human Rights Act is fundamentally flawed and contributes to systemic discrimination. This Act is currently the only recourse for victims of racial discrimination in New Brunswick. Although it offers the appearance of a remedy to racial discrimination, the reality is that it further victimizes victims. A practical first step in dismantling systemic discrimination is to make racial discrimination a crime in New Brunswick. This means that the province will assume responsibility for investigating and prosecuting cases of racial discrimination. In addition, perpetrators will receive criminal sanctions, which could be instrumental in helping to remove racists from positions of power in our society. M Dr. Timothy Christie - July 01, 2020 MIX m z V) cz C � J O _0 o C:C:cz o cn 4.1 m U =3 L:11 2 O 4-1LU OLn O O Ln �1 A •U +j N U p J CO �F N c O a--+ C6 E V u') V E w a--+ u') cry El El I i OW i� Om C6 DC V a--+ m E w N a N Q • •t �U m DC re Ln 0 0 E N Z V) fu El 0 LL 0 a--+ C6 E V C6 �V 0 Ln .X a� 4--j a� s V Ln 0 z 4 m E .L- U 0 O E O Q E Ln Ln ca t�0 O +_+ O •E U *c: to •— _U •E Q).O +-o4-0 � • ca cn � 0 O E Ln OC:+ -J.2 Lna-j i U O LU (1) Q I �j 4 W n m n m E U 0 m �U m DC (Z• w 3 0 z I W U o Q) rao 0CV -V L- > =3 Q) O O — Q = to Q � • V to o a, Ln m •� O �� E .- a--� o m s c6 +-j .— C - c6 c6 E N .— •- L/) o o V -Ln •– C6 J U — a--+ _ .� C cn .— U .— > O m s r)C I O •O N m r. M O O m L. a� L s`~o 0 •� N v b� p V M C6 0-- s p Ln 0 U - T ca E o O N .- MEMO U 0� O -W 4-j Q -O —�._ C M N M p �+ E V a N 'N :3 +-' — C– O O o a� O O tw , v C N a--+ a--+ E N . ca cn v �•V O 4--J x Q) 1L 5; C- 0 5;C - O O N Q 0-0 .(3) ZZ +, c6 — 4-j ca N CL >. C E s O O O E O J � O bz aD w E E m al / VYelt � / r 1a�V�J � wwa If9`» � 4 � �e w 1 7tlirw ii rr �� v u Y J � I � r ✓i/� It V I UO UO Q) Q) I Q) U D O UO Q) nC C) D r UO ca N D U m H O m Q) U Q) nC UO r UO E Q) V, 0 O 4--) m Q) U Q) nC UO r UO E Q) V, 0 COUNCIL REPORT M&C No. 2020-175 Report Date July 3, 2020 Meeting Date July 6, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Urban Development Incentive Grant Agreements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Andrew Reid Jacqueline Hamilton Phil Ouellette John Collin RECOMMENDATION 1. That Common Council authorize the Mayor and Common Clerk of Saint John to execute the grant agreement for: a. The Infill Development Agreement with Tower Contracting Inc. for the redevelopment of 95 Wentworth Street. b. The Infill Development Agreement with Iron Gate Developments Inc. for the redevelopment of 29 Canterbury Street. 2. That Common Council terminate the following grant agreements: a. The Vacant Building Redevelopment Agreement for the redevelopment of 16 Orange Street; and b. The Vacant Building Redevelopment Agreement for the redevelopment of 86 Coburg Street. EXECUTIVE SUMMARY The purpose of this report is to approve grant agreements for two new projects located at 95 Wentworth Street and 29 Canterbury Street. These projects are capable of satisfying the goals of the "Urban Development Incentive Grant Policy"; however, given the size of the grants and the fact that there are variances from the Policy, they have been brought to Council for approval. In addition, termination of two grant agreements from 2016-2018 is also [till -2 - recommended for two projects which never materialized and failed to comply with the terms and conditions set out within their grant agreements PREVIOUS RESOLUTION On June 8, 2020, Common Council directed the City Manager to proceed with the implementation of 6 additional immediate initiatives as part of Municipal Economic and Community Recovery Planning. Restoration of Development Incentive and Heritage Grants, which were temporarily paused in response to the public health pandemic, were included in this list. On April 23, 2019, Common Council adopted a resolution to amend the Urban Beautification and Urban Development Incentive Program policies, implement improvements and continue the three-year pilot program on a year -by -year basis. Improvements to the Incentives policy ensured that larger projects could participate without a cap; greater emphasis was given towards non -market housing; application requirements were simplified; and, risk to the City was reduced. On March 21, 2016, Common Council adopted the Urban Development Incentive Policy, a three year pilot which contained a suite of grants including: vacant buildings, infill, and upper floors residential grants, in addition to an Urban Beautification grant program for the Central Peninsula. STRATEGIC ALIGNMENT Common Council adopted a set of Priorities for 2016-2020. The "Growth & Prosperity," goals include driving development in accordance with PlanSJ that creates density required for efficient infrastructure and services. The "Vibrant, Safe City," goals include developing neighbourhoods through streetscape beautification. REPORT In 2020, Common Council directed that Development Incentive Grants be restored as part of Municipal Economic and Community Recovery Planning. The Urban Development Incentives Program's goal is to leverage new private sector investment and implement the Central Peninsula Secondary Plan. The suite of urban development incentive programs has demonstrated positive results since its inception in 2016, leveraging over $6.9 million in private sector construction to create 67 new units through nine development projects in the first three years. Development Incentive projects have so far largely contributed to the 1919% -3 - revitalization of vacant upper floors and the rehabilitation of vacant buildings focussed around the Uptown. 2020 marks a shift towards large infill developments in the Central Peninsula. Over $23.8 million in private sector construction and more than 140 infill units are anticipated for 2019-2020. The Urban Development Incentive Grant Policy provides the framework for determining which projects are eligible and for calculating payment schemes. In the past, minor variations from the policy have gone to Council for added discretion, as the policy cannot envision all possible scenarios. Given the size of the infill grants being contemplated and the variances from the policy, the following two projects are being brought forward for Council's consideration. 95 Wentworth Street In 2020, an application for infill development was made for 95 Wentworth Street. The project consisted of the demolition of the former Gothic Arches and redevelopment of the vacant lot with construction costs in excess of $17 million to create 83 new units. Construction challenges include rock excavation and site preparation for a grant of $50,000 upon completion. Depending on annual property assessments over a 5 -year period following project completion, the total Residential Density Grant incentive could range from an estimated low of $547,786 up to a maximum of $789,500. Capital improvements have been prioritized in 2021 from Wentworth to Crown Street on Princess Street to ensure that the 95 Wentworth Street project can be satisfactorily serviced. To ensure timeliness of the project, it is recommended through the grant agreement stipulate that the project be completed no later than August 1, 2022, otherwise the City has the option to withdraw the grant. The policy requires that infill development projects must be located on a lot that has been vacant for a minimum of one year. As the demolition of former Gothic Arches and redevelopment of the site occurred over a shorter time period, the project does not technically meet this criteria of the policy. There is a strong rationale for seeing the immediate redevelopment of this prominent lot for the multiunit building and staff are supportive of the variation from the policy under the circumstances. 29 Canterbury Street 29 Canterbury Street (attached) consists of the redevelopment of the former parkade into a six storey development containing 32 units. While the project is capable of meeting policy criteria for an infill development, the project proposes a unique construction challenge and payment scheme that was not envisioned 1919191 by policy. Construction challenge grants are intended as a supplementary grant for projects to address costs due to the unique challenges of developing on the Central Peninsula. The policy itemizes common challenges such as the removal of asbestos and electrical rewiring. Due to the design of the building, snow loading requirements necessitate the reinforcement of the adjacent property's roof. This unique challenge has been incorporated into the attached grant agreement for an upfront grant of $55,119.50. The payment is to be made upon completion of the superstructure of the building to help accelerate the project, whereas the policy requires payment not occur until occupancy of the building. As a trade-off, $25,000 of the upfront grant is to be paid back to the City over the five-year period and deducted from the Residential Density Grant. Depending on annual assessments over a five-year period, the total Residential Density Grant incentive could range from an estimated low of $150,000 to a maximum of $247,619.50. There is reason to consider the request for a unique construction challenge given that the project meets the goals and criteria of the program; the list of challenges included by policy could not envision this unique scenario. The trade-off in payment scheme strikes a balance in requiring completion of the superstructure as opposed to occupancy of the building to help facilitate the project. The Residential Density Grant, which is the bulk of the Grant, will still require occupancy prior to payout. Both of these projects fulfill the overarching goals of the Urban Development Incentive Grant Policy and approval of these grant agreements is recommended. The grant agreements have been carefully formulated by the City's legal department to ensure risk mitigation. Payment of grants are furthermore subject to provisions set out in Policy that will limit risk to the City with respect to the five-year payment period for the Residential Density grant. Two projects (16 Orange Street and 86 Coburg Street) failed to meet the conditions set out per signed grant agreements regarding required completion date. Staff notified applicants in early 2019 and it is recommended that Council officially terminate these agreements. SERVICE AND FINANCIAL OUTCOMES Common Council, through adoption of the General Fund operating budget, allocated $50,000 to the Urban Beautification Program and $170,000 to the Urban Development Incentive Program for 2020 for Construction Challenges. With the approval of these two projects, there would be $64,880.50 remaining in 191911 this year's budget for Construction Challenges grants. This grant is awarded on a first-come first -serve basis until funds are exhausted. If this is to occur in 2020, the Residential Density Grant would still be available to applicants. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The 95 Wentworth Street and 29 Canterbury Street proposals were circulated to the Finance Department and Legal Department for review. ATTACHMENTS 1. Grant Agreement 95 Wentworth Street 2. Grant Agreement 29 Canterbury Street 1919191 GRANT AGREEMENT THIS AGREEMENT made in duplicate this day of [2020] . BY AND BETWEEN: Tower Contracting Inc. of the City of Saint John and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the 21St of March, 2016 the City adopted an Urban Development Incentive Policy and amended it on April 23, 2019, ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant and Construction Challenges Grant) for a development at 95 Wentworth Street on a property bearing PID No. 55236541 (the "Property"); and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; and WHEREAS the Developer's application was not granted under the Policy; and WHEREAS at its meeting held the of , 2020 the City decided to grant the to the Developer a grant to be administered in the same manner as a Grant under the Policy; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: as bcneaule "A" (nereinatter the Project ). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 15th of the year this Agreement is executed, whichever is the later date. Residential Density Grant 4. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the 1St of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant Actual Payout (Percentage of Grant x Incremental City Taxes calculated annual) 1 90% 2 80% 3 60% 4 40% 5 20% 5. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law on or before August 1, 2022; and c. availability of sufficient resources in the Development Incentives Reserve Fund, as provided in the City's annual operating budget and/or replenished per the mechanism set out in the Policy 6. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Develoaer also acknowledae and aaree that fundina for aroiects outside of the first Residential Construction Challenges Grant 7. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer a Residential Construction Challenges Grant in the amount of $50,000 following the receipt by the Developer of an occupancy permit or certificate of successful completion under the City's Building By -Law. 8. The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. the City completing an inspection which confirms that the relevant incentive program eligibility criteria have been met; and b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law on or before August 1, 2022. 9. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 10. Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed. 11. Prior to the payment of any grants contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. Termination 12.The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, 1 3. 1 nis Agreement may not ae assignea witnout the written consent of the Lity. 14. This Agreement shall be governed by the laws of the Province of New Brunswick. 15. No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 16. Each party shall be responsible for paying its own costs and expenses incurred in connection with the execution and delivery of this Agreement. 17. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. attixea nereto the aay ana year tirst aaove written. SIGNED, SEALED AND DELIVERED in the presence of: Per: Name: Percy Wilbur Title: Director, Tower Contracting Inc. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: SCHEDULE A 1. Application Form 2. Building Elevations and Floor Plans 3. Construction Timeline 4. Construction Challenges SCHEDULE B (Development Incentives Policy) SCHEDULE C (Affidavit of Corporate Execution) 311 Schedule A Part 1 Please note the following before completing this form: Complete all relevant fields unless marked "If Applicable" or your application will not be considered. The following attachments are required to deem the application complete: * Floor Plans and/or Elevation Drawings * Authorization from Property Owner a Construction Challenge Cost estimates (if applicable) o Building Permit Application o Project Schedule Legal names of property owners are required. All costs associated with the preparation and submission of an application is the responsibility of the applicants. Construction Cost Challenges Grants and Building Permit Grants are received, reviewed, and approved on a first-come, first -serve basis until annual budgets are exhausted. - The City may request an independent audit of the Construction Challenges Costs at the expense of the applicant. The City's acceptance of an application does not guarantee eligibility. Once determined eligible, projects are required to enter into a grant agreement with the City. For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eligibility. Application Steps S&zf sslorl of >4apk caat*n tap sepwS rY'am 6Wt f?uabtiu. City Nall Building 10th Floor -15 Market Square Saint John, NB EA 1E8 OneS too 0sain tiohn. ca (506) 658-2911 312 1. rants ResideDensity Grant ntiZonstruction Challenges Grant [:] Building Permit Grant 2. Project Type and Construction Challenges (if applicable) Choose one project type and check any challenges that apply. Estimates are required in the form of a cost to construct budget approved by a professional architect, engineer, or accountant with attached invoices. Challenges/ Infill Development Upper Floors Vacant Building Project Type Redevelopment Redevelopment The breaking and removal of rock outcrops as part of site preparation in excess of $10,000 or 5% of project costs, whichever is higher. Remediation of contaminated soils. Extension of sewer services where only v, combined sewers exist. Installation of new or full replacement of sprinkler systems for any floor of the building. JJJJf �� j Construction that will bring the building within Secondary Egress standards of the Building By- law. Installation of a new elevator Iffffffffffffff Construction that will bring building withinfire 1 separation standards of the Building By-law. Removal of asbestos or lead paint. El E] Cutting of new windows through brick or stone. Structural or foundation repairs in excess of $20,000. Replacement of knob and tube electrical. fI El 3. Applicant/Property Owner Information Property Owner Name of Registered Property Owner ------ Mailing Address (with Postal Code) !A_iL Keiine_be,�s IDY- 5A-7 Home Telephone Number Work Telephone Number -49 131(. Fax Number Applicant (if Applicable) E-mail pf JaAr 116 U r - I EligibtWmethods may include the following: The construction or upgrading of a service room; the construction of a fire separation greater than 1 hour; the construction of a fire wall; and non-combustible construction. 313 Name of Applicant PO C C UA Mailing Address (with Postal Code) ane r' Home Telephone Number Fax Number 4. Property Information Location Existing Use Proposed Use Work Telephone Number E-mail Civic # Street PID S. Property Tax Current annual property tax Estimated property taxes paid following project completion Is this property in tax arrears, if so how much? (if applicable) 6. Estimated Cost of Construction Estimated Cost of Construction Challenges Estimated Cost of Construction 7. Project Description Describe what you propose to construct and detail the history of the property, including if there have been any demolitions. (Attach additional pages if necessary). 314 f � ' /i �' i/. r /i � 1♦i 1�r ' 1 11. tr r t r • fig, /, i J i Are you applying for financial assistance under the Affordable Rental Housing Program of the Province of New Brunswick? Yes ❑ No rIf yes, how many units are eligible? How many units are not eligible? Is your property located within a Heritage Conservation District? Yes ❑ No 8. Project Schedule: Date of Building Permit Submission: _k ---2s—,> . —o2 -ate Estimated Project Start Date: —Apj o Estimated Project Completion Date: _ ". d t 9. Authorization NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date .J4 w Date __..._ For Office use Onlyl By Andrew Reid at 2:13 pm, Feb, 21, 2020 Project Number: 20-2 Eligibility Confirmed: Yes MARTIMMIT, Project is eligible with exception of lot not being vacant for 1 year because of demolition. Council approval required on Grant Agreement. AKR 315 —Tcomplete Application Form - Submit attachments (Floor Plans, Elevations) - Authorization from Property Owner - Provide estimate of Construction Challenges Cost (if applicable) signed off by Engineer, Accountant or Architect - Submit Copy of Building Permit - Project Schedule Receive Letter confirming Eligibility and Payment Estimates Sign Grant Agreement Project Completed - Submit Occupancy Permit - Submit Construction Challenges Receipts (if applicable) - ------ - - --- - -- --- - �---' --��316---- ------- - - ---�-----�-�-- -- w ca Q N 70 N U U) W 44 7!Afl� M.AP41 - >530 1 'slow BE 81 i t Intl uu� 44 7!Afl� M.AP41 - >530 1 'slow BE i t Awn 0 1!,Bjuk"Op vile 1 hM 2 HM"Wx'''Zd km2 �F C5 . tz R va '0 0 2 2 va ce .ate ua .2 a U '.2 ce Biu' MK is, i 11 Diu 1 771 2111 1 H a, t YA 1 so p Ulu RUN go IN Ing. 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I a U 1 H 019,011 N 1 N (� ..................................................................................__..... ... ................................ ...........—.___ _._..._.. ................................. CLI i 01 u d.. '` Gf a IIIIIIIII aAF $4 ..'.... q.. $m w k m %'� �A N.1 'd F h * m K ....r. r , P I II}( p N }.I a . a A. t. �.�mw�n.. --- o I I 1 -.r _. ..... o .I ..... ..,_....oma.„ r if ......phi w t ,m a� I I.. �... I 04, g �. � u w 1.4 15, IMT Ti I rZ It IX ry gig. now IMT Ti I rZ AN rn N C7 c� c� 5 't t -L 'IT co co C!") .......... -- c", D I 0 mi tp -,f, -,.J� LO m m t to t "'t t, "'t� t -1', 11 d, Pit I ................... tit 11 El El U......& El 11 0 LJJ 0 0 I 7=7 ....... ................ ............. 12 FF -i . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........ . NI LL11 j w, II........................ ...................... & .................. as IWO Uj TL - ------- it M �7 " - o oil i r a im �t A ,? C w, g M'^�, n '�" M n � � `" S ., d � C � R � •• a ti w� u"t ,a a .. aT 3 u A wp w, g M'^�, n '�" M n � � `" S ., d � C � R � •• a ti w� u"t ,a a .. aT 3 u 5wy p ap, q. ,p ,p .- ,,r✓'n h a o M r. 4£ E G 3 3 2 3 3 m � 9 70 t w �� A mc ol 2 z N i a al 1 g is t gKt%— V A 'a 3, �� 111JNNIINNIN! January 13, 2020 To: Percy Wilbur/Tower Contracting RE: Wentworth Street Apartment Building Schedule A Part 4 /P, Sa t�ohnaNg1942 gonislh Road n @terraex.ca E2M 5H5 (506,) 672-4422 Our proposed lump sum price for the above-mentioned job as described below is $628, 000.00 Plus HST. The job is priced as whole. Breakdown included for information purposes only, not for individual pricing per line. Included for site work: • Rock breaking for footings and services (Mass excavation and detailed excavation for footings not included). Includes 150mm DR35 solid drain tile around foundation; o $160,000.00 + HST • Supply and place imported granulars for fine grading for slabs, footings, curbs, sidewalks, brickwork and landscaped areas; o $178,000.00 + HST • All excavation and backfill for interior plumbing including sand bedding; o $40,000.00 + HST • Sanitary and domestic water services as shown on plan November 26,2019. Does not include asphalt (included below); o $70,000.00 + HST • Fire line as shown on plan November 26,2019. Materials and excavation only. Installation and underground materials certificate by sprinkler contractor (not included); o $15,000.00 + HST • Landscaping as shown on plan November 26,2019 including Brick pavers, sod, Trees and shrubs o $65,000.00 + HST • Sidewalks and curbs as shown on plan November 26,2019 (Excavation and gravels included o $75,000.00 + HST • Asphalt for site services trenches as shown on plan November 26,2019; o $25,000 + HST • Surveying (non -legal) and layout for civil work (benchmark by General); and • Includes traffic control for our work (site services). [tide.] II �lll!(I(ll1 �� 111JINIIINNIN! Not Included: 1'°" 1942 Sa tj©hnaNggonislh Road info@terraex.ca E2M 5H5 (506,) 672-4422 • Excavation and rock breaking for foundations; • Permits including any deposits required by City; • Storm sewer or storm detention system; • Layout of existing grade or property lines; • Geotechnical testing and reporting; • Protection and additional shoring for the foundation of 239 Princess Street; • Dewatering of site for foundations; • Underground Electrical and gas services; • Installation and underground materials certificate for the fire line; • Winter conditions; • Bonding Available upon request; • Site fencing and signage. Thank you for the opportunity to price this work. Please contact us at 506-647-3399 if you have any questions or concerns. Sincerely, Daniel Houghton, P.Eng Vice President 19MIK Terrdf�,',:: February 20, 2020 Attn: Percy Wilbur / Tower Contracting RE: Wentworth Apartment — Rock Breaking for Foundations 1942 a 5a ntJohnggonish Road , inff @terraex.ca E2MM 5H5 6»1 (5060 672-4422 The purposed lump sum price for the above-mentioned job as described by: • Autocad and PDF drawings provided by Lindsay Construction on February 19th 2020; and • The meeting between TerraEx, Lindsay, and Percy on February 20, 2020. is $ 135,000.00 Plus HST. No holdbacks. Payment Terms are due on completion. TerraEx is available to start this work immediately. We anticipate the work will take 3-4 weeks, weather depending. To improve the critical path, we could prep some footings in as quickly as 1-2 weeks. KMIII Terrdf�,',:: Included: �� 5a nt�ohnManaNggonish Road info@terraex.ca E2MM 5H5 6»J (5060 672-4422 • Labor, materials and equipment for excavation and disposal of common and rock fill to the limit of 1.8m beyond the proposed outside walls and to a single elevation of 40.5m (Approx. 2300sq.m area); • Labor, materials and equipment for excavation and disposal of 450mm of common fill between the property line and the limit described above (Driveways, exterior parking lots, and under landscaped areas, etc); • Replace 450mm of existing common fill (removed as per the bullet above) with 450mm of broken shale from the mass excavation for a clean and dry working pad for future phases. This will directly result in a credit to the previously quoted scope of work to Lindsay; • Stockpiling of approx. 1,000 cubic meters of broken shale, from the mass excavation, at a location on site, as directed, for future use for backfilling foundations. This will directly result in a credit to the previously quoted scope of work to Lindsay; • Consideration for the value of the excess shale is included in our price (TerraEx will own the excess shale but the anticipated value has been factored into our quote); • Underground utility locates; and • Surveying (non -legal) for the layout of the excavation only is included. Not Included: • All fees and deposits for permits; • Additional excavation required once structural foundation drawings are complete for footings; • Importing and placement of any granulars (prep for footings and slabs); • Protection and additional shoring for the foundation of 239 Princess Street; • Any excavations beyond the property line; • Temporary power, water, and lighting; • Geotechnical Testing or reporting; • Temporary fencing and sea cans; • Chain Link Fence; • Bonding; • Snow plowing, snow removal or salting and sanding for others; and • Night or weekend work; Sincerely, Daniel Houghton, P.Eng Vice President GRANT AGREEMENT THIS AGREEMENT made in duplicate this day of [2020]. BY AND BETWEEN: Iron Gate Developments Inc. of the City of Saint John and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the 21St of March, 2016 the City adopted an Urban Development Incentive Policy and amended it on April 23, 2019, ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant and Construction Challenges Grant) for a development at 29 Canterbury Street on a property bearing PID Nos. 00011130, 55102438, 55102446, 00018598, and 55102453 (the "Property"); and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; and WHEREAS the Developer's application was not granted under the Policy; and WHEREAS at its meeting held the of , 2020 the City decided to grant the to the Developer a grant to be administered in the same manner as a Grant under the Policy; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto is outilnea in the prescrloea application Corm, site pian ana arawings attacnea nereto as Schedule "A" (hereinafter the "Project"). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 15th of the year this Agreement is executed, whichever is the later date. 4. Projects that are phased in nature, i.e. will require more than one building permit, must be completed and in receipt of an occupancy permit according to the following schedule: Project Type Required Completion Date Projects with estimated Construction Costs below Completed by November 1 three years following the submission of $2,000,000. an application. Projects with estimated Construction Costs greater Completed by November 1 five years following the submission of an than $2,000,000. application. Residential Density Grant 5. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the 1St of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant Actual Payout (Percentage of Grant x Incremental City Taxes (calculated annually) - a $5,000 adjustment per year). 1 90% 2 80% 3 60% 4 40% 5 20% 6. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law; and, per the mechanism set out in the Foxy. 7. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. Residential Construction Challenges Grant 8. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer a unique Construction Challenges Grant for the purposes of roof renovations to the adjacent property (PID 00011148) in the amount of $47,930 + HST following the Developer's conformity with Section 9 hereof. 9. The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. The City completing an inspection which confirms to the satisfaction of the Building Inspector that superstructural work has been completed up to the sixth level of the building envelope of the Project (does not include interior framing, mechanical/electric, or finishing work). b. The City completing an inspection which confirms to the satisfaction of the Building Inspector completion of the roof renovations to the adjacent property (PID 00011148). c. Submission of evidence confirming to the satisfaction of Commissioner of Growth and Development the Construction Challenges Costs in the form of receipts for materials and work completed. 10. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 11. Prior to the payment of any grants contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been 12. 1 ne uty may terminate tnis Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, c. Common Council, by resolution, rescinds the Policy. 13. This Agreement may not be assigned without the written consent of the City. 14. This Agreement shall be governed by the laws of the Province of New Brunswick. 15. No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 16. Each party shall be responsible for paying its own costs and expenses incurred in connection with the execution and delivery of this Agreement. 17. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. attixea nereto the aay ana year tirst above written. SIGNED, SEALED AND DELIVERED in the presence of: Per: Name: Stephen J. Brittain Title: Director, Iron Gate Developments Inc. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: SCHEDULE A 1. Application Form 2. Building Elevations and Floor Plans 3. Construction Timeline 4. Construction Challenges SCHEDULE B (Development Incentives Policy) SCHEDULE C (Affidavit of Corporate Execution) 01 E:3 (a ussi disponib)e en frongais) 1. Grants EJ Residenfial Density Grant O'ConStIl'Uction Challenges Gri'-mt �E] BuHding Pemit Grant 2. Pof Tnstruction Challenges, (if applicabl�e) Choose one projeo type and check any challenges that afrply. Esthmates arrC, required in the form of a Cost to constrUct budget approved by a professional architect, engkieer, or accountant wW-i attached invoim�w am7.m3z= Name of Registered Propei,ty Owneir . .................. . ....... . ................ . . .. ........... ..... .. ........... .... . - --------- --- --------------- -- MaOing Addres�, (with PostzO Code) 1, , I e . ....... .. 8- I= L - - -1 .11-�'ll""I'll"�",,--,�—",- - ------ -------- --- ------------- ---- ----------- - - -- -------------- - - Hon'ie'Telephone Number WOO T leplwne Number ...... ...... . Fax Numaber E -mail 1.1 Ck, - ---------------------- Applicant (if Applicable) I Higible rnethods may include the following: The construction or upgrading of a service roorn; the cvistrLICfiMI Of a fire separation greater than I hour; the constrUWOrl of as fire wall, and non-combusbWe construction, 19M 1 10.1 Name c)f Applicant Map ing Address (with Postal Code) Home Te�ephone Nurnber Work "Felephone Number Fax Nurnt)er E -inail 4. P,rt perInformation Location ............ ........... Civic 4 Street Existing Use m . ........................ -------------- ......... ............ . Proposed U:se Current annual propefty tax ("A" I ---- ----- .. . ....... 1111-- .......... Estimated property taxes paid toHowng project mmpefion k": . . ... .... . Is this property in tax arrears, if so 11"iow much? (if applicable) ........... ........ 6. Estimated Cost of Construction Estimated Cost of Construction Challenges ....................... . . . . . . Estirnated Cost of Constrw:'.tjon L. - VLA, L 7. Project Description Describe what you propose to consbuct and detail the histary of the property, 4'icpu(fing if theiie have be( -m �..iny demolitions. (Attach Odditionapar,,es it necessary), Cd') rk ve'&. jS 1 d" ut PT, 0,- �;q u M1191 �m111-..-Ja U� I . .... ...... . -J� ------- - - - - ---------------------------- Y'll (vt i VNE''e— b ,,4a Vit et - --- - - - - ---------- Are you applying for financial assistance under the Affordable Rental Housing Pro[,!,ram of the Province of New BrUnswick? Yes 0 IC o if yes, how rnany units are eligible? How ininy units are not eligible? Is your property located within a Ideritage Conservation District? Yes M,N'o 202EME= Date of BUiWing N'�rrnjt Submross'um ... . ...... . E s t i rn a t e d Project S t art Data .. . . ..... Estimated Project Completion Date: 9. Authorization NOTIE. H the apf)i�rAn( is NOT the owner, the Owner's s'dgnatiurk,a or authorizatlon (inyyiflng) to subniit fts a. application a 'T, jired, signatun,pvof Ap�.p, M Signature of, OX rl ...... . ... .... ....... 7tie MCI Date . .......... .... --- -------- --- I - - RECEIVED For Office Use Only l By Andrew Reid at 9:51 am, Apr 06, 2020 Prvect Number: - 2 0 .. - - 3 -- ---- ------ Uigbhty Confirmed" YesTlof No ............. Want List Nornber: 351 June 18, 2020 Mr. Andy Reid City of Saint John PO Box 1971 Saint John, NB E21_41_1 Dear Sir: RE: Telegraph Square - 32 Canterbury Street (219289) Construction Challenges Grant RECEIVED By Andrew Reid at 1:24 pm, Jun 18, 2020 As requested, we provide construction -cost estimates for the above captioned, and specific commentary on construction and development challenges. Overall, the construction value of the project is estimated at $6,500,000 (plus HST). A specific challenge within the project is the contiguous, and significantly lower, roof at 34 Canterbury Street. Perthe statutes of the National Building Code of Canada, there is the potential that the new construction at 32 Canterbury would cause a risk of snow deposits on the neighbouring roof, in excess of what had occurred previously. We are therefore responsible for, and have included in our construction budgets, associated costs for reinforcing its roof structure. Costs for structural and architectural design and drawings, and reinforcing at roof structure, including modifications to rooftop air -handling units, sums to $102,500 (plus HST). ntact the undersigned if any further information is required. ITECTURE Peter G. MacKenzie BEDS, B.Arch. 183 Charlotte Street AANB, NLAA Saint John, New Brunswick E2L OC7 Tel: (506) 657-1611 E -Mail: mackarch@nbnet.nb.ca M I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I _C? I �3d0 d I I I I I I I I I -- - - I I I 3NII ki13�02ld - I I I - - - I - Ix 119-10 Y 119-10 Y ..8-Z Y 110-1£ Y J J Q J rT W I I X10 Q I Z 0l0 z I Y flr� N 0 0 l� Q I Q IO Y 0 HLL O C0 LL SfOccj LL L—) I� Q� 0- I I I I I 1p OEMi I I Z O Q >o J L1LJ II J OC) U) C/) rN co Q :.0 .... . a ........ 4ZL E '3NIl AiH3dOHd CD _ ¢ + N Q U Q I- p z I..8�Lu _ �xOO 1 1 ° 51 ............ Lu - -i 0 z n co O mow, Y) w? o I 00 w 119-1 ................. w Lu Li 0 0 . m O@) J Lu Q Z --J rf, U) it"^"' co — 0 U- � cA O �Ozw� 0 cnJJ Q J = z z Q z mQ Q �� LU w w of NIP, 3NV-i N V N UUUUUUUUU CV N coO ao co N 0 w w F-- z z F -- � CV N CD LO CO 00 CO N r N � LU w z � z z F -- I ------ - I - 117cI� G 0 N0N L.1 0 W m V N N 10 CO 00 O 00 O 7 C) z z 0 VIII, J,I O 1 Q06 w T I - U I I I � I I I rl I t - I o U L=01 ¢ C� o f cn O o z � I I I w m I _ _ n iri :------- I ,' 110-10L I 11�-1 9 N3HOl1N i I w ssssssssssssssss>,, I I I o < � C, L z0- 9 I I oQ 1 I -----J CO _ -----J ¢ m - ol I -_ a0 w S U — } � sssssss, I I C?.; ss,, w JNINIaLO AL cni Jw�qLUw Z/14CO S I ,,rrrrrrrrrrr,;, -- UJ _ _ rJJ 0 Q < Lu Lu _ cV S I z = U ¢ z CO W 0O m 0 o2f W CITY OFSAINT JOHN GROWTH & COMMUNITY L)EVL;LOPMENT SERVICES Application Number . . . . . 20-00000316 Property Address . . . . . . 29 CANTERBURY ST PID -PAN: 55236756 -01628186 GIS Map Link: CN1113 Application type description MICI NEW CONSTRUCTION Application valuation . . . . 325000 City of Saint Jolin Date 5/29/20 Owner Contractor ------------------------ ------------------------ IRON GATE DEVELOPMENTS INC OWNER B-41 NOEL AVE SAINT JOHN NB E2K 4M1 (506) 647-3228 --- Structure Information 000 000 structural for phase 1 of new building Construction Type . . . . . COMBUSTIBLE CONSTRUCTION Occupancy Type . . . . . . RESIDENTIAL Other struct info . . . . . PROPOSED USE FOUNDATION ---------------------------------------------------------------------------- Permit MICI NEW CONSTRUCTION Additional desc . . Issue Date . . . . 5/29/20 Valuation . . . . 325000 Expiration Date . . 5/29/22 ---------------------------------------------------------------------------- Special Notes and Comments DESCRIPTION OF WORK: Phase 1 - Structural for project - place new structural slab on upper level - construct new structural walls below new slab REMEMBER TO CALL 658-2911 TO SCHEDULE ALL REQUIRED INSPECTIONS. Failure to call for required inspections may result in an order to uncover work being issued. Be advised that your deposit will not be returned until all required inspections have been successfully inspected. - This permit is issued pursuant to the Saint John Building May 29, 2020 AI'I'R!CIVE17 BY THE DAT OFFICE OF THE PAGE 1 OF 4 BUILDING INSPECTOR 362 . I� ■10110,11611 C1.. ' City of Saint Jolin Page 2 Application Number . . . . . 20-00000316 Date 5/29/20 ---------------------------------------------------------------------------- Special Notes and Comments By-law and the National Building Code 2015 Edition. - Civic number must be displayed. - Barrier -Free Design to conform to the Barrier Free Design Building Code Regulation - Province of New Brunswick Community Planning Act. - Documentation required from a Professional Engineer verifying that installation has been done as per design. - Emergency lighting to be installed. - Exit signs to be installed. - Required fire resistance rating of existing columns, new columns and roof slab to be confirmed by qualified professional (2 hr rating required) prior to phase 2 permit issuance. - Documents attesting to the proper operation of the fire alarm system must be submitted to this office. - Without prejudice to legal action for any work done without a plumbing permit. - DRAWINGS TO BE SUBMITTED TO THE OFFICE OF THE FIRE MARSHAL FOR APPROVAL. - Handrails and guards to conform to National Building Code. - All construction work carried out under this permit must comply with the standards of the 2015 National Building Code. - Soils report to be submitted by a Professional Engineer. - Building permit holder shall ensure that the plans and specifications are available continuously at the building site for inspection by City Inspectors, and that the building permit, or copy is posted conspicuously on the site during the entire performance of the Work. Based on subsequent Phase 2 submission and size of commercial space, 1 loading space may be required in parking area. AKR - All applicable municipal permits must be in place prior to the start of construction. - The applicant and/or owner must ensure all utilities are May 29, 2020 AI'I'R!CIVE17 BY THE DAT OFFICE OF THE PAGE 2 OF 4 BUILDING INSPECTOR 363 CITY OFSAINT JOHN GROWTH & COMMUNITY L)EVL;LOPMENT SERVICES Application Number . . . . . 20-00000316 C1.. ' City of Saint Jolin Page 3 Date 5/29/20 Special Notes and Comments located in the field prior to any excavation by calling (1 -866 -DIG -LINE or 1-866-344-5463). - If during excavation, any municipal infrastructure is exposed, the applicant, owner or contractor must contact the City immediately at 658-4455 or 658-2835. - Absolutely no stormwater can be directed to adjacent lands. - Site work to be in accordance with Servicing Plan as submitted by Don -More Surveys & Engineering Ltd. and stamped by Andrew K. Toole, P.Eng. and dated 2020-05-13. - A complete stormwater drainage submission for the proposed construction must be submitted to demonstrate no adverse drainage effects. Stormwater drainage submission to include rooftop storage details. - A Water & Sewerage Permit is required for any connections to municipal mains or to services at the property line/edge of easement. - All buildings in excess of 3 residential units must have an approved (City supplied) water meter installed by the property owner. - It is the responsibility of the owner/applicant to verify grades on the existing municipal infrastructure to accommodate gravity connections for services. - No services shall be covered in until they have been inspected and approved by the City. The applicant/or owner shall notify the City at 658-2835 a minimum of one (1) business day prior to commencing backfilling operations. - A Street Excavation Permit is required for all work within the municipal right-of-way. - Please be advised that multiple utilities exist on and/or near this parcel. It is the applicant/owner s responsibility to ensure that all necessary permissions have been obtained prior to commencing work. May 29, 2020 APPROVED BY THE DATE OFFICE OF THE BUILDING INSPECTOR PAGE OF 364 1010,116110=1 1961 L k k, «i ii 111r Application Number . . . . . 20-00000316 Property Address . . . . . . 29 CANTERBURY ST PID -PAN: 55236756 -01628186 GIS Map Link: CN1113 Application description . . . MICI NEW CONSTRUCTION Permit . . . . . . MICI NEW CONSTRUCTION City of Saint John Page 4 Date 5/29/20 Additional desc . . ---------------------------------------------------------------------------- Required Inspections Insp Seq Code Description Initials Date ---------------------------------------------------------------------------- 10 001 PERMIT DELIVERED DP 0/00/00 20-999 1250 B300 - PRE -FOOTING INSPECTION 30-999 1251 B300 - PRE -BACKFILL INSPECTION 40-999 1252 B300 - PRE -SLAB INSP 50-999 1256 B300 - FINAL INSPECTION 60-999 INF INFRASTRUCTURE AS BUILT RECD APPROVED BY THE OFFICE OF THE BUILDING INSPECTO May 29, 2020 DATE i'T PAGE 4 OF 4 nevilo eant- Shop A,1N'VI01JN The Ory M Small: l0w Date Application Entered: 8 -May -201 Permit Application Appfication Date, 8 -May -20 Locatlon ID: 82652 CN1113 PROJECT LOCATION (civic address) 29 CANTERBURY ST PROJECT ESTIMATE: $325,000-00 PERMIT TYPE- 0250 - B300 - MICI NEW CONSTRUCTION APPLICATION # 20-316 PID-PAN55236756-01628186 APPLICATION TYPE B300-WC1 NEW CONSTRUCTION APPLICATION BY Burgess, Aurnee IDENTIFICATION Delliver Permit to: Name Type Name Address Description OWNER IP CJI GATE B-41 NOEL AVE DEVEL OPME NTS INC CiTY Phone Email Address Number SAINT JOHN (506) steptieni@villageviewsuiles.cr)m 647.3228 Construction Type: COMB Current Use: FOUNDATIONFlood Risk: N Occupancy Type: C Proposed Use- FOU NDATIO N Heritage: Y, Type of BuilM ber of Dwelling 0 Minimum Standards: N/A Tier: Tier 3 Building Inspector Zone: S Intensification-. N/A Type of Work: N Click2Gov FIN: 004724 Description of Work: Phase 1 for new 1301ding - structuraIl Fees: Fee Description Amount. Detailed Description of Work: APPLICATION DEPOSIT $3,000,00 Phase 1 for new Mulfi-uriil building Struoftiral - new structural s�ab on X11 PERMIT FEE~ $2,872,50 Lipper level and new structural walls below new, slab Overall - Totall $5,872,50 Attention: Please note that this apiplication form is not a Building Permit. Work on the project is not to begin until a signed perm,it is issued General Collection Statement This information us being collected in, order for the City of Saint John to deliver an existing prograrn/service: the collection is fimited to, that which is necessary to deliver the programNervice, Unless required to do so by law, the City of Saint John wilt not share your personalinformation with any third party without your express consent. The legal authority for collecting this mformation is to be found in the Municipalities Act and the Right to informalJon and Protection of Privacy Act, For further information or questions regarding the collection of personal information. please contact the Access & Privacy Officer: City Hall Building, 8th floor - 15 Market Square,, NB E21- 1 E8. commonclerk@saintjohn,ca � 1506) 658-2862. 1911-1.1 Receipt for Applicatio0-316 Project Locatiom 29 CANTERBURY ST Application TypONSTRUCTION Fees/lkeA!*sit 10i WR*N f;,ATE #EYEL9P,MENTS It, HST# 1226811! 158RT001 Click to Gov Pim004724 Name if Refunded by Cheque - Refund Addres&B-41 NOEL AVE, SAINT JiOHiN Fee Desalption Amount PAYMENT TYPE CODE Date APPLICATION DEPO& r $3,00000 CC 8 -May -20 PERMIT FEES $2,872 50 CC 8 -May -20 OveraIl -Totaiili -,11=11 u- F.Tzr*W,,7.T.�. 1111F. 0 RN 41FOM I , , I - r r -WIN 01111,11 Welv flul reUelTe7r1l' cmufl aeuAo Car! Inilormallr) trlem-jl Can exieul t•rect��jqll t� m 1 i yulf lularlu Gy uneqze i 3-4 weeks via Canada Post. INS I 1111114H. 0 0 0 a W LW 11 1.7tw 1 iiii1m vITA ]i It, 14 1 1 --go I &I mr-11 M *111 ilm I lip zar4l as I I WHISIN litatitfilp 110 1114 01gol Colo. RK01 ma'am 1-4 0 1 1 INAF I a i 'Alto - After your Building Permit has been issued Chck2Gov allows you to view the status of your inspections and inspection results. Inspection result comments will be PIN protected to ensure that only owners/applicants have access to this information. This PIN' will be provided to, customers who apply for their building permit after February 22nd, 2016, To access Click2G,ov either visit the One Stop Development Shop website and follow the link or go to www,saintjohn,ca/c1ick2govbp. If you have any questions on Click Dov or how to navigate it please see the frequently asked questions on our website or call (506)658-2911' ' 367 . . . . . . . . . . . Projects and, all Demolitions Please The advised that b4mnining Monday, May 2nd, 2016, the Oty of Uirt John wiIII requiire permit holiders to cafl iin to request inspectJons for ak resndeiftal renovaton and ronstructon prprects and aH demolition projects for pormlts ussucd on or after May 2nd, 2016. All reqWrod lnspections, for your IprojK1 wJ11 The lisLed WI the mum pen'Tik. of Of Nvic NumberandStrpat Aiddrebsof Worksite fyp,-',of I risIpectiori Rinupjired eq [')j'te of hispect'Jon Gmlwth and Communhy N. vOopment SerWces City of Saint John 15 Market Spare hftp.,Ilwww.SaJnyohl.callenlh�omelchtybarildmI P01 Box 1971 Bid Ot Shop, opmentgmwth Saint John, New Brunsvdck 1 1, Phone: 506-658-2911 E2L Al 1911.1-11 CITY OF SAINT JOHN -BUILDING INSPECTION� P.O. BOX 1971 SAINT JOHN NB E2L 4L! DATE: 5/08/20 TIME: 11:51:01 APPLICATION NBR: 20-00000316 LOCATION ADDR: 29 CANTERBURY ST REFERENCE: BUILDING PERMIT - RECEIPT h 0000035276 CASHIER: AB2476 IRON GATE DEVELOPMENT ITEMDESCRIPTION PAID ---------------------------------------- APPLICATION DEPOSIT 3000.03� PERMIT FEES 2872.50 TOTAL AMOUNT PAID: 5872.50 PAYMENT TYPE: CREDIT CARD 369 518/2020 Merchant Copy City of Saint John ONE STOP, DEVELOPMENT SHOP 15 Market, Sq 10th Roor 506-658-2911 c nestop@saintjohn.ca mmza�f � Date 05/08/20 Time 10:51:34 Method of Visa Payment Entry Method Manual Customer Name STEPHEN BRITTAIN Account4 XXXXXXXXXXXX2598 Order ID BP 00315 Order Description: 29 CANTERBURY STREET - PHASE 1 BP Approval Code 040551 QME� zmm�� 370 lithe s'llsecure.p,ayryientech,coryVrnan,qger/qivc/receipVgener,ateRen-,eipt?'IriinsTy;)e=newOrder&r(-ceiptType=kI 641 DevelopWoUt Shop"#�,'E' EN.. ING EENT & BUILDPERMIT APPLICA*r[ON bx Office Use — Back Sheet PROJECT LOCATION (civic address) APPLWATION # INFRASTRUCTUREiii Permit Tier 144""1 i i i i Imp NBC Stats Canada Code ;ftkOfIA kj,( E S') N 0 113 2 T, 3) 300 r� West tNatf1:0 ............ . . ----------- Present Proposed Us k­l?"iu t, ESTIMATE CALCULATION— FINAL PROJECT ESTIMAT—E= $ t Initials New Construction sq ft I Cakulation _7 —floor X$110 Pr( sq ft Calculation Garaqe x $40 I Project I soft I ulati n Addition fcttnxsliu Addi:nt floors x $55 Decks x $15 less 20% craWspace Basement x $55 ------- L_ Renovation x $,22 Less 30% post & beam FRONT COUNTER CHECKLIST Entered in in HTE Combine draw on into PDF Drag into Laserfiche Enter Metadata and start Workflow F"re are file for cern inans STOP WORK ORDER INFO: Who issued SWO� _ApplicatJon made within 24 hours: YES No NOTES- PROCESSING: cashier Fee Amoun,t A us 0 t Amount Rd'usPAYMENT Cash DOUBgLEermit fee Cheque Deposit Amount Debit / Credit ENTSJ, ,' ID Transfer Approved Est, 5 E Transfer LAMr_oved Fee 371 Mir f -r -L." Curl .. q�AIIC" �G�I�F�� MI �_ I�. ° � "� I�pf�..�� _.����........��.....�..�_��_-__IT_ HERITAGE AREA- N gINTENSIEIICATIu ON ARM m N FLOOD RCSVS ..FT.........^.____—. AREY' / N APPROVED CaRAETpINCa PLAN Y % N ,APPILI C;Nfl0N t Ux E REC EIVEDi r atYl MYP7f; nt Nd a a,LamnPl.,/7' I (, d RE;CEWED BY: IRF'LuANT EMAIL, q ln ES� ,, POSTAL COD IL ��LNM�Ea 4.C�NTRAALTCIR 1:11 MAI PHONE .......... _ .. ....... MAILINGFT„1'STAaL IADDRESS N .�...�.�.�......,,.�... C ILE _............ ..... _.. OWNER EMA Q.. PHONE NSM 11 NCS ADDRESS POSTAL Q GIDE PRESENT USE. PROPOSED USE: INTERIOR RENOVAATIONNE ACONSTRUCTION 1-11V>AMAANCE: 1:1 STREETEXCAA'V,AT*N HERITAGEDEVEL0."1RMENT El ETET'FRIORRENOV"AT01N FACCESSORY134DG 11PL.ANNRNGLE"'T"NER CIRNVFdJve,AYi`ULVFR"T' HERITAACTESIGIN IIADIDIEiCCKflON 11 EAaC:AAPPI ICATION 1:1 DRAINAGE �HERITAGE'NNFVLl. ()ETOL N"I'IC N Ell(' OUNOL ARFr 1:1WAtiT"EIR & SEWERAGE HERITAGE I"IEMO CHAatiNGEOF USE SIGN E]SUBDI'VISION OTHER OTHER MINMLk(A✓STdANCAAARDS OTHER 1:10 .. 8 consscl M' to the C ity of Saint J+)hn sending to me co mmerC. al e,lectronY c messages, Ir m tjrne To tim e, regal"A'fing 0ty MPII@Iative s uMrrd kicegR1.Gves. General 1 ea,PBwe'tion ,i'la W'nu ,we I N5 mf nrrrertr0w" is berng ,.•t4lr r wd in rrr er jor the Grt <dl Sm rt ,f,A,r v" rd, 10", rtdar ,,rrV g pray g'rwn / wrwer, Me t ofle" sr„ rs lxmiwd PrP Oval dm m b r', r', d'e. h "o (9ku g,YY og r am " saPto tie 11i/uas+•vi/rrtaa Jloah', at Prko,,e. Hw ( a1v Saw John rosld ma!;Nirur, t duan•p✓rvramrr,Ml rraf✓mrreuaaaradrr uaNA aaj dw d pa as itah ,ua ioud rg)t t. 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BNew AgNouyeau ffin C A N A D A June 25, 2020 Mayor and Councils Saint John, Grand Bay -Westfield, Rothesay, Quispamsis, and Hampton Dear Mayor and Council Members, For the past year, the Economic Development Advisory Council and consultants in dialogue with the regional Mayors, CAOs, and councillors have been building a new Greater Saint John economic development model designed to be governed and funded by all the municipalities in the region. This letter is to confirm the support of my government for the new, consolidated economic development organization covering the Greater Saint John region. The Saint John region is an important economic zone in New Brunswick and holds significant potential for growth in the coming years. Having a single economic development organization funded by the region's municipalities and working with our government on crucial issues such as people attraction, entrepreneurship development, industry growth and tourism promotion will help the region achieve its potential. A main guiding principle of the new economic development model is that it will be equitably funded by all municipalities in the region. Because all municipalities benefit from being part of the urban region and they all benefit from regional economic development activities, we believe this is an excellent example of a regional service that should be funded and governed by the municipalities. The time for action is now. The Covid-19 pandemic amplifies the need for a new approach to economic development in the region that is focused on growing key industry clusters, attracting talent and boosting the number of visitors to the region each year. For the past twelve months, you have been engaged and participated in this process to evaluate a regional approach to economic development. Now is the time to embrace change to build a strong path forward. We look forward to working with the municipalities in the Greater Saint John region to help it grow and prosper in the years ahead. Sincerely, Blaine M. Higgs C.c. Honourable Jeff Carr, Minister, Environment and Local Government Mr. Thomas MacFarlane, Deputy Minister, Environment and Local Government Office of the Premier / Cabinet du premier ministre www.gnb.ca P.O.BoxIC.P.6000 Fredericton New Brunswick/Nouveau-Brunswick BB5H1 Canada Tel./TdI.:(506)453-2144 Fax/TdI6c.:(S06)453-7407 Email/Courdel: premier@gnb.calpremier.ministre@gnb.ca 44 M-1191 June 15, 2020 Your Worship and Members of Common Council, Uptown Saint John Inc. the local business improvement association has found that the resiliency of our people and of our local commercial district has risen to the adverse effects of a global pandemic. While some have chosen to shut their establishments, many have toiled on and have adapted to meet their personal needs and our communities' desires. I wish to applaud the actions of our people in supporting local community as well as the tenacity of our small business who have kept Saint John's heart beating during this challenging time. have captured a quote from the President of the Canadian Urban Institute, Mary A. Rowe that sums up the last number of months and our future: "!t won't take just one action to solve the underlying challenges accelerated by Covid 19, but thousands of collective actions through partnerships between governments, communities, and business, to demonstrate our resolute commitment to building cities that work for everyone". It is with this sentiment in mind that the association urges staff and our elected officials to listen carefully and act accordingly with the people, the investors who have built our city. These trailblazers who have invested in our Main Streets are the key to our economic recovery without them we are hollowed out. We must fervently ensure that when decisions are made, no one is left behind. The multifaceted contribution of businesses to our city's fabric is of the utmost importance for our future recovery. The association stands behind the needs of our members and wishes to continue to be at the table with our local government as — We are all in this together. Cc: Board of Directors, Uptown Saint John inc. Iove•Iife•uptown 17 Canterbury Street, Suite 180, Saint John, NB E21_ 20 386 506.633.9797' uptownsj.com U (&)uptowns To: Mayor and Council of the City of Saint John Re: 2018 Municipal Transportation Plan Your Worship and Council, RECE , i UN 3 To consult is to seek advice from, to consider in making plans or to confer. Move SJ's version of 'public consultation' meets none of these criteria. A finalized plan that has already been submitted to Council is, at best, a public presentation of a foregone conclusion. The only genuine public consultation associated with Move SJ is conducted by a municipal traffic engineer who has done an exemplary job of identifying Saint John's numerous transportation shortfalls. This comprehensive professional evaluation of traffic and pedestrian realities appears to be dismissed by Move SJ decision makers, on grounds of expense or unfounded liability, if such recommendations do not compliment their priorities to enhance selective high end recreational facilities. For the Move SJ executive committee to dismiss pedestrian safety and be unaware of Saint John Transit's flagrant abuse of power is demonstrative of gross incompetence. The alternative is collusion with a public entity designed to profit private interests at the taxpayers' expense. An investigation is warranted. Please address. Respectfully, Mary Ellen Carpenter 41 Crown St. #207 Saint John, NB. E21- OE2 (506) 899-0519 July 6, 2020 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees RESOLVED that the Committee of the Whole, having met on July 6, 2020 makes the following recommendations: Canada Games Foundation: to reappoint Kelly Manning, Sean Darrah, and Jeff White for 3 year terms from July 6, 2020 to July 6, 2023; Harbour Station Board: to reappoint Ron Hutton for a 1 year term from July 6, 2020 to July 6, 2021; Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to reappoint Edward Keyes for a 1 year term from July 19, 2020 to July 19, 2021; Planning Advisory Committee: to appoint Brad Mitchell for a 3 year term from July 6, 2020 to July 6, 2023; Saint John Community Arts Board: to appoint Dahlia Das for a 3 year term from July 6, 2020 to July 6, 2023; Saint John Port Authority: to reappoint David Emerson for a 3 year term from August 19, 2020 to August 19, 2023. Sincerely, r Don Darling Mayor M11-"oll", SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca I CA 1971 Saint John, N. -B. Canada E2L 4L1 191:1:3