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2016-10-17_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, October 17, 2016 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of October 3, 2016 1 - 9 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 P.R.O. Kids 2015 Annual Report (Recommendation: Receive for Information) 10-42 5.2 Cities of New Brunswick Association re: Taxation of the LNG Terminal 43-43 (Recommendation: Receive for Information) 5.3 Saint John Parking Commission - Appointment of Stuart E. Archibald Canadian 44-44 Corps of Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.4 Human Development Council re: Service Agreement and Partnership 45-47 (Recommendation: Refer to the City Manager) 5.5 SCDWP - Proposed Groundwater Supply Monitoring Well Location, City of Saint 48-53 John Property, Westgate Drive, PID 00021949 (Recommendation in Report) 5.6 Latimer Lake Water Treatment Facility - Reliability and Redundancy 54-60 (Recommendation in Report) 1 Poeta Sy: (L 5.7 Contribution Agreement for Saint John City Market Funding with Regional 61-67 Development Corporation (Recommendation in Report) 5.8 Saint John Police Force - 2016 Operating Budget - August (Unaudited) Financial 68-75 Results (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Pregnancy and Infant Loss Awareness Month October 2016 and Pregnancy and 76-76 Infant Loss Remembrance Day October 15, 2016 7.2 National Teen Driver Safety Week October 16 - 22, 2016 77-78 8. Delegations / Presentations 8.1 Canadian Energy Pipeline Association Presentation 79-103 8.2 Amazeatorium Presentation 104-110 9. Public Hearings - 6:30 p.m. 9.1 Street Closing ByLaw Amendment Southwark Street (1 st and 2nd Reading) 111 - 113 9.2 Staff Presentation - Proposed Zoning ByLaw Amendment - ZoneSJ 114-130 9.2.1 Planning Advisory Committee Report recommending Approval of the 131 -200 Zoning Bylaw Amendment (1st and 2nd Reading) 10. Consideration of By-laws 10.1 Zoning ByLaw Amendment with Sec 39 Conditions - 34 Mount Pleasant 201 -203 Avenue East (3rd Reading) 10.2 Zoning ByLaw Amendment with Section 39 Conditions - 50 Hazen Street (3rd 204-206 Reading) 10.3 Zoning ByLaw Amendment with Section 39 Conditions - 200-202 Westmorland 207-209 Road (3rd Reading) 11. Submissions by Council Members 11.1 Fee Structure for City Services to ABC's (Deputy Mayor McAlary) 210-210 11.2 Ta)i Bylaw (Deputy Mayor McAlary) 211 - 211 12. Business Matters - Municipal Officers 12.1 Request to Build Two Dwellings 0 Free Lane and 50 Columbus Drive (Tabled 212-233 August 22, 2016) K 13. Committee Reports 13.1 Fundy Regional Service Commission re: 2017 Draft Budget 234-245 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Authorization of Litigation 246-246 17.2 Safe Clean Drinking Water Project — Advisor Services 247-247 17.3 Safe Clean Drinking Water Project— Independent Certifier Costs 248-248 18. Adjournment K3 City of Saint John Common Council Meeting Monday, October 17, 2016 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Agreement 10.2(4)(c) 1.3 Legal Matter 10.2(4)(f) 1.4 Financial Matter 10.2(4)(c,g) 1.5 Land Matter 10.2(4)(4) 1.6 Personal Matter 10.2(4)(b) 1.7 Legal Matter 10.2(4)(f) 1.8 Legal Opinion 10.2(4)(b,g) 1.9 Financial Matter 10.2(4)(c) C! Ville de Saint John Seance du conseil communal Le fundi 17 octobre 2016 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une reunion 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 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 10.2(4) 1.2 Convention — alinea 10.2(4)c) 1.3 Question juridique — alinea 10.2(4)f) 1.4 Question financiere — alinea 10.2(4)c) 1.5 Question relative aux biens-fonds — alinea 10.2(4)d) 1.6 Question relative au personnel — alinea 10.2(4)b) 1.7 Question juridique — alinea 10.2(4)f) 1.8 Avis juridique — alineas 10.2(4)b), g) 1.9 Question financiere — alinea 10.2(4)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 3 octobre 2016 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Rapport annue12015 de P.R.O. Jeunesse (recommandation : accepter a titre informatif) 5.2 Association des cites du Nouveau -Brunswick au sujet de la taxation du terminal de GNL (recommandation : accept& a titre informatif) 5.3 Commission sur le stationnement de Saint John relativement a la nomination de Stuart E. Archibald, membre du Corps canadien des commissaires, en taut qu'agent charg& de 1'ex&cution des arret&s municipaux (recommandation figurant au rapport) 5.4 Conseil du perfectionnement social : Entente de services et partenariat (recommandation : remettre au directeur g&n&ral) 5.5 Projet Eau potable saine et propre — Emplacement propos& du puits de surveillance pour 1'approvisionnement en eau souterrame, propriet& de la Ville de Saint John, promenade Westgate, NID 00021949 (recommandation figurant au rapport 5.6 Usine de traitement des eaux du lac Latimer — Fiabilit& et redondance (recommandation figurant au rapport) 5.7 Entente de contribution pour le financement du March& municipal de The City of Saint John conclue avec la Soci&t& de d6veloppement r6gional (recommandation figurant au rapport) 5.8 Service de police de Saint John — Budget de fonctionnement de 2016 — Bilan financier d'aout (non v&rifi&) (recommandation : accepter a titre informatif) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Le mois d'octobre marque le mois de la sensibilisation a la perte d'une grossesse ou d'un b&b& et le 15 octobre 2016 est la journ&e de sensibilisation a la perte d'une grossesse ou d'un b&b& 7.2 Semaine nationale de la s&cunt& des adolescents au volant du 16 au 22 octobre 2016 8. D616gations et pr6sentations 8.1 Pr6sentation de 1'Association canadienne de pipelines d'&nergie 8.2 Pr6sentation d'Amazeatorium 9. Audiences publiques —18 h 30 9.1 Modification de 1'Arret& concernant la fermeture et le barrage de routes — Rue Southwark (premiere et deuxi&me lectures) 9.2 Pr6sentation du personnel — Projet de modification de 1'Arret& de zonage : ZoneSJ 9.2.1 Rapport du Comite consultatif d'urbanisme recommandant 1'approbation de la modification de 1'Arret& de zonage (premiere et deuxi&me lectures) 10. Etude des arret6s municipaux 10.1 Modification de 1'Arret& de zonage sous r6serve des conditions impos&es par Particle 39 — 34, avenue Mount Pleasant Est (3e lecture) 10.2 Modification de 1'Arret& de zonage sous r6serve des conditions imposees par Particle 39 — 50, rue Hazen (3e lecture) 10.3 Modification de 1'Arret& de zonage sous r6serve des conditions imposees par Particle 39 — 200-202, Chemin Westmorland 11. Interventions des membres du conseil 11.1 Grille tarifaire pour les services municipaux offerts aux organismes, conseils d'administration et commissions 11.2 Arret& concernant les taxis (mairesse suppl&ante McAlary) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Demande de construction de deux habitations au 0, all&e Free et au 50, promenade Columbus (point report& Tors de la r6union du 22 aout 2016) 13. Rapports d6pos6s par les comit6s 13.1 Commission de services r6gionaux de Fundy : Budget provisoire pour 2017 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Autorisation relative aux litiges 17.2 Projet Eau potable saine et propre — Services consultatifs 17.3 Projet Eau potable saine et propre — Couts li&s a un organisme de certification ind&pendant 18. Lev6e de la s6ance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 3, 2016 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Regrets: Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Comptroller Finance C. Graham Commissioner Saint John Water B. McGovern Deputy Fire Chief J. Armstrong Police Chief J. Bates Common Clerk J. Taylor Administrative Assistant K. Tibbits 1. Call to Order Mayor Darling called the meeting to order. 2. Approval of Minutes 2.1 Minutes of September 19, 2016 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the minutes of the meeting of Common Council, held on September 19, 2016, be approved. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Committee of the Whole — Open Session, held on September 26, 2016, be approved. MOTION CARRIED. 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 16.1 Proposed Public Hearing Date —15 Fulton Lane; 17.1 Employment Contract Strategic Advisor — Mayor's Office; 17.2 Discover Saint John Funding Agreement; and 17.3 Easement Grant for Saint John Airport Storm Water Drainage — Portion of PID #00354696. LTA 100000114 1:k]k]11191 4. Disclosures of Conflict of Interest No disclosures of conflict of interest were declared. S. Consent Agenda 5.1 That the Cherry Brook Zoo of Greater Saint John Grant Request 2017 be referred to 2017 Budget Deliberations. 5.2 That the Seniors' Resource Centre Request for Funding be referred to 2017 Budget Deliberations. 5.3 That the Regional Facilities Commission 2017 Budget Approvals be received for information. 5.4 That the Pension Board of Trustees - Annual General Meeting October 26, 2016 be received for information. 5.5 That as recommended by the City Manager in the submitted report M&C 2016-242: Replacement of Sign Truck and Municipal Sidewalk Tractors, Common Council award the tenders as follows: 1) One (1) 1 -Ton, two -wheel -drive truck with crane and cabinetry at a total cost of $92,519.00 plus HST to Downey Ford Sales Ltd.; and 2) Two (2) municipal sidewalk tractors with attachments at a total cost of $249,000.00 plus HST to Saunders Equipment Ltd. 5.6 That as recommended by the City Manager in the submitted report M&C 2016-229: Proposed Public Hearing Date -105-115 Mountain View Drive and 65 University Avenue, Common Council schedule the public hearing for the rezoning applications of Hughes Surveys and Consultants on behalf of Threshold Ministries (105-115 Mountain View Drive) and Aurora Property Management Ltd. (65 University Avenue) for Monday, October 31, 2016 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.8 That as recommended by the City Manager in the submitted report M&C 2016-233:2016 Census Place of Work Consortium Letter of Agreement, Common Council direct the City Manager to execute the 2016 Census Place of Work Consortium Letter of Agreement. 5.9 That the 2016 ABC Reporting Framework - Written Reports be received for information. 5.9.1 Discover Saint John 5.9.2 Enterprise Saint John 5.9.3 Harbour Station 5.9.4 Saint John Board of Police Commissioners 5.9.5 Saint John Development Corporation 5.9.6 Saint John Energy 5.9.7 Saint John Industrial Parks 5.9.8 Saint John Parking and Transit Commission 5.9.9 Trade and Convention Centre 5.10 That as recommended by the City Manager in the submitted report M&C 2016-227: Elevator/Escalator Maintenance Agreements, notwithstanding the City's procurement policy, Common Council adopt the following: 1) The City enter into five (5) year Master Coverage Agreements with Thyssenkrupp Elevator (Canada) Limited for protective maintenance of the elevating equipment located at the Police Headquarters Building (two elevators), the Nick Nicolle Community Centre (one elevator), and the Aquatic Centre Pedway (one elevator) in the form attached to M&C 2016-227. 2) The City enter into one (1) year OTIS Maintenance Agreements with OTIS Canada Inc. for preventive maintenance service of the elevating equipment located at the Saint John Arts Centre (one elevator) and the St. Patrick Street Pedway (elevator and escalator) in the form attached to M&C 2016-227. 3) The Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager in the submitted report M&C 2016-230: Human Resources Policy Statements, Common Council adopt the Policy Statements as presented in Appendices A-E as components of the Human Resources Policy Framework in accordance with the Policy Framework adopted by Common Council on August 8, 2016. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. MOTION CARRIED. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Prostate Cancer Awareness Month - September 2016 7.2 International Day of Older Persons - October 1, 2016 The Mayor proclaimed October 1, 2016 as International Day of Older Persons in the City of Saint John. 7.3 Wellness Week - October 1st to 7th, 2016 The Mayor proclaimed the week of October 1-7, 2016 as Wellness Week in the City of Saint John. 9. Public Hearings 6:30 PM 9.1 Staff Presentation - 34 Mount Pleasant Avenue East Rezoning 9.1.1 Planning Advisory Committee recommending Rezoning with Section 39 Conditions 9.1.2 Proposed Zoning Bvlaw Amendment 34 Mount Pleasant Avenue East (1st and 2nd Readings) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land at 34 Mount Pleasant Avenue East to permit a portion of the site to be used as a parking lot to serve the office building located at 2 First Street East, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report, with Section 39 Conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Mr. Graham Little, on behalf of Irving Oil, presenting. Mr. Little indicated that he was in agreement with the recommendation from the Planning Advisory Committee. Rev. Burtt of the Full Gospel Assembly also indicated his agreement with the recommendation from the Planning Advisory Committee. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 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 portion of a parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as PID Number 00342600, from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 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 portion of a parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as PID Number 00342600, from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a second time. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." (Commissioner of Saint John Water, Mr. McGovern, withdrew from the meeting.) 9.2 Staff Presentation - 50 Hazen Street Rezoning & Variance 9.2.1 Planning Advisory Committee recommending Rezoning with Section 39 Conditions 9.2.2 Proposed Zoning Bylaw Amendment 50 Hazen Street (1St and 2nd Readings) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 50 Hazen Street to permit a business office, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the submitted report, with Section 39 Conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Mr. Don Cullinan, solicitor for the applicant, stating he was in agreement with the recommendation from the Planning Advisory Committee. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 401 square metres, located at 50 Hazen Street, also identified as PID Number 00038679, from Urban Centre Residential (RC) to Uptown Commercial (CU), be read a first time. 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 Deputy Mayor McAlary, seconded by Councillor Lowe: 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 401 square metres, located at 50 Hazen Street, also identified as PID Number 00038679, from Urban Centre Residential (RC) to Uptown Commercial (CU), be read a second time. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." (Mr. McGovern re-entered the meeting) 9.3 Staff Presentation - 200-202 Westmorland Road Subdivision & Rezoning 9.3.1 Planning Advisory Committee recommending Rezoning with Section 39 Conditions 9.3.2 Proposed Zoning Bylaw Amendment 200-202 Westmorland Road (1St and 2nd Readings) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 200-202 Westmorland Road to permit a parking lot, with no written objections received. The Planning Advisory Committee recommended approval of the re -zoning as set out in the The Mayor called for members of the public to speak in favour of the re -zoning with Mr. Paul Daigle, Fundy Funeral Home, indicating that he was in agreement with the recommendation from the Planning Advisory Committee. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: 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 5156 square metres, located at 200-202 Westmorland Road, also identified as PID Number 55183875, from Park (P) to General Commercial (CG), be read a first time. 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 Deputy Mayor McAlary, seconded by Councillor Lowe: 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 5156 square metres, located at 200-202 Westmorland Road, also identified as PID Number 55183875, from Park (P) to General Commercial (CG), be read a second time. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council assent to the submitted photo -reduced Fernhill Cemetery Company Subdivision tentative subdivision plan, and to any required public utility easements; and that Common Council accept, in accordance with the terms of the Subdivision By -Law, money -in -lieu of Land for Public Purposes dedication for the proposed subdivision. 075 11501Is] ►[y_Rilk] ilk] Ia a 9.4 Staff Presentation - 100-112 Prince Edward Street 9.4.1 Planning Advisory Committee recommending Approval of Section 39 Amendment 9.4.2 Proposed Section 39 Amendment 100-112 Prince Edward Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 amendment amending the Section 39 conditions imposed on the May 8, 1972 rezoning of the property located at 100-112 Prince Edward Street, also identified as PID Number 55158133, to permit a revised proposal and rescind the existing Section 39 conditions that limit the use of the site to the original proposal, with no written objections received. Consideration was given to a report from the Planning Advisory Committee in which the committee recommended approval of the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Chris Doucet, General Manager of Prince Edward Square, indicating that he was in agreement with the recommendation from the Planning Advisory Committee. located at 100-112 Prince Edward Street, also identified as PID Number 55158133, by deleting the existing condition that limits the use of the site to a specific proposal approved by Common Council pursuant to Section 39 of the Community Planning Act. MOTION CARRIED. 8. Delegations/Presentations 8.1 Saint John Arts Centre Presentation Mr. Andrew Kierstead, Executive Director of the Saint John Arts Centre, reviewed the submitted report with Common Council. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the presentation by the Saint John Arts Centre, be received for information. MOTION CARRIED. 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Letter of Thanks to Saint John Port Authority (Deputy Mayor McAlary) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council request the Mayor send a letter of thanks on behalf of all of us and our citizens to the Board, Management Staff and Staff of the Saint John Port Authority for all their efforts in promoting our City to so many Cruise Ship Companies and enticing them to visit with us. 1► [01110[4L1:k]k]11191 12. Business Matters - Municipal Officers 12.1 Watershed Clean-up Day Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that Common Council receive for information the submitted report M&C 2016-228: Watershed Clean-up Day. MOTION CARRIED. 13. Committee Reports 13.1 Recommendation from the Finance Committee Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that as recommended by the Finance Committee, Common Council limit the City portion of the capital budget to a maximum debt envelope of $12M. Deputy Mayor McAlary moved a tabling motion which did not receive a seconder. Some members of Council expressed concern that the motion would limit their 13.2 Central Peninsula Neighbourhood Plan It was noted by a Council member that Uptown Saint John has offered to commit $10,000 towards the Neighbourhood Plan. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the Growth Committee having met on September 20, 2016, Common Council support the Central Peninsula neighborhood plan and the application to the Federation of Canadian Municipalities. LTA 100000114Y1ilk]ilk] Iif91 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Proposed Public Hearing Date —15 Fulton Lane Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C2016-236: Proposed Public Hearing Date —15 Fulton Lane, Common Council schedule the public hearing for the Section 39 amendment application of KQR Holdings Ltd. (15 Fulton Lane) for Monday, October 31, 2016 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. MOTION CARRIED. 17. Committee of the Whole 17.1 Employment Contract Strategic Advisor — Mayor's Office Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on October 3, 2016, that the Mayor and Common Clerk be authorized to execute a contract of employment with Ms. Jacqueline Isada, the text of which contract was presented to Committee of the Whole at its meeting of October 3rd, 2016. MOTION CARRIED. 17.2 Discover Saint John Funding Agreement Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole, having met on October 3, 2016, that staff be directed through the City Manager to allocate funding to Saint John Destination Marketing Inc., aka Discover Saint John (DSJ), as per the terms of a contract executed May 27, 2015. MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on October 3, 2016, Common Council adopt the following: 1. The City of Saint John grant to Her Majesty the Queen (Canada) Minister of Transport, an easement for stormwater drainage as attached to M&C 2016-235; 2. The City of Saint John enter into an agreement with Saint John Airport Inc., as attached to M&C 2016-235; and, 3. The Mayor and Common Clerk be authorized to execute all required documentation. 1► [Q INI0[4L1:l11I191 18. Adjournment Moved by Councillor Lowe, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on October 3, 2016 be adjourned. 1► [Q INI0[4L1:l11I191 The Mayor declared the meeting adjourned at 7:25 p.m. Mayor / maire Common Clerk/ greffier communal Posrrivr Recti[ nriON C. FOR KIDS P.R.O. Kids Advisory Committee Acting Chair Sept 28, 2016 MATTHEW BEDARD Member His Worship Mayor Don Darling Past Chair KATHRYN DAVISON And Members of Common Council Member Co -Secretary Your Worship & Councillors: KATIE LANGMAID Grand Bay -Westfield Representative SUBJECT: P.R.O. Kids 2015 Annual Report Co -Secretary NATALIE YOUNG Member In 2015 P.R.O. Kids enjoyed another successful year. Together with DEVIN BURNHAM generous donors, a strong Advisory Committee, volunteers and the Member continued support from the Greater Saint John municipalities, in COUNCILLOR SEAN CASEY 2015 P.R.O. Kids assisted almost 1,500 children in financial need, Saint John Representative enabling them to participate in recreational activities of their choice. EVAN DOUCET Quispamsis Representative On November 24th, 2014, Common Council approved amended COUNCILLOR PETER LEWIS Terms of Reference for the P.R.O. Kids Advisor Committee which y Rothesay Representative included the following section: JEFF KELLEY Member 6.1 The Committee shall once a year provide an annual report to ANDREW MILLER Member the Common Council of each municipal partner. RAYLENE RICE Member At the request of this Council, the P.R.O. Kids Advisory Committee is ROB SCOTT pleased to submit P.R.O. Kids 2015 Annual Report. Member RECOMMENDATION: DAVID DOBBELSTEYN P.R.O. Kids Manager That Common Council receive and file the P.R.O. Kids 2015 Annual JESSICA MCPHERSON P.R.O. Kids Support Coordinator Report. LISA CA/SS/E Respectfully Submitted, Communications Matthew Bedard David Dobbelsteyn Acting Chair Manager P.R.O. Kids Advisory Committee P.R.O. Kids P.R.O. Kids - City of Saint John 171 Adelaide St. * P.O. Box 1971 • Saint John, NB • E2L 4L1° PROKIDS@SAINTJOHN.CA • WWW.PROKIDSSJ.CA 10 To provide assistance to as many children and youth as possible who are unable to participate in sport, art, recreation or cultural activities due to financial limitations. • Mitigate against high levels of child poverty by covering registration fees, assistance with equipment and transportation to over 800 children per year in Greater Saint John. • Fundraise necessary funds to pay for registration fees, equipment and transportation 15 —The P.R.O. Kids advisory committee is not a board of directors, but serves in an advisory capacity to Council and City Staff, assists with fundraising, and advocates for P.R.O. Kids' mandate. 1.6 FTE — Staff are CoSJ employees from Parks and Recreation service area and report to the Deputy Commissioner of Parks and Public Spaces. $100,489 Administration Budget — 2016 $100,489 Admin Revenue - $16,835 — Rothesay, Grand Bay Westfield, Quispamsis Contribution. Program Budget" 1197 Child Placements (2015) $ 212,440 — Revenue (Donations, Special Events, Arena Advertising, Grants) $186,000 — Program Expenditures $ 147,936 — In Kind Support (Registration Discounts, Parents Co -Pay) Administration Budget (YTD) $71,081 Admin Revenue - $16,835 — Rothesay, Grand Bay Westfield, Quispamsis Contribution. Program Budget (YTD) 1188 Child Placements YTD $243,218 — Revenue (Donations, Special Events, Arena Advertising, Grants) $75,350 —Program Expenditures $99,632 — Liabilities (Registration Fees yet to be invoiced) $150,720 — In Kind Support (Registration Discounts, Parents Co -Pay) • P.R.O. Kids has two main budgets: -Administration -tax payer funded and built into the Parks and Recreation budget. - Program Budget - Community funded — by donations, grants etc. • P.R.O. Kids Administration is on budget YTD. New 486 collective agreement will likely result in being 5% over budget for the year. • Fundraising goal is $200,000 in 2016 —exceeded target by $43,000 YTD 11 • Assist as many children in poverty as possible in Greater Saint John. • Engage the community to support children in Poverty by donating to the P.R.O. Kids program. • P.R.O. Kids historically has an average of 800 placements"per year. • P.R.O. Kids must raise $160,000 per year to meet traditional demand. • Partner with 120 Sports and Recreation Organizations who offer discounts and free spaces to children who apply to P.R.O. Kids. • P.R.O. Kids is already at 1188 placements for 2016 with an anticipated 500 additional applications to process before the end of the year. • Continuous Improvement Changes: — Parent Co -Pay saves $80,000 per year, and is used to assist more children. — Over 75% of applications are now digital, reducing calls and visits from the public and allowing staff to process applications quicker. • P.R.O. Kids has assisted over 225 Syrian children YTD. • Winner of the Chamber SJ's Outstanding Business Award: Big Heart Award 2016. • P.R.O. Kids is getting better known in the community and is assisting more children (639 Placements in 2013 to 1197 in 2015 — 87% increase in demand for service. • P.R.O. Kids currently assists more than 1 in 5 children in poverty in Saint John. Current administrative resources are stretched thin and likely insufficient to respond to the other 80% of eligible children. • The Syrian Refugee Crisis has posed a series of unique challenges and opportunities. • P.R.O. Kids is one of the primary ways Council assists children in poverty. • P.R.O. Kids is able to raise $4.50 for every dollar Council invests in P.R.O. Kids. • Poverty should not be a barrier to accessing sports and recreation. There is significant long-term SROI for youth engaged in recreation: they are healthier, stay in school longer, self -empowered, have lower juvenile delinquency rates, increased volunteer rates as adults, more likely to vote, serve on neighbourhood associations, and attend post -secondary school'v. . As adults they also display higher levels of leadership, increased charitable giving, and obtain higher status careers. ' P.R.O. Kids is a type of hybrid ABC. It is a program operated by the Parks and Recreation Service Area of the CoSJ, and is staffed by CoSJ employees. Yet, it has an advisory committee appointed by Council, and offers the City flexibility in responding to the unique needs of children in poverty. ii P.R.O. Kids' program budget is restricted by Council to be used solely "for the purpose of supporting the participation of children and youth in community sport, recreation, art and cultural activities." [Special Purpose Fund — P.R.O. Kids Program] `A placement is putting a child in a program or an activity. ' Lessons from a Literature Review and a Data Analysis on "Learning Through Recreation", Canadian Council on Social Development, http://www.cpm.org/documents/8146_en.pdf Kniffm, Kevin M. and Wansink, Brian and Shimizu, Mitsuru, Sports at Work: Anticipated and Persistent Correlates of Participation in High School Athletics (May 1, 2014). Journal of Leadership & Organizational Studies, Forthcoming., http://ssm.com/abstract=2450584 12 2015 Annual Report 0111. Serving the Municipalities of Saint John, Ouispamsis, Rothesay and Grand Bay- Westfield. 13 POS� NVE RIECA"4EXIAON OPPOFV UM"I'll'-S f Kos 14 Table of Contents Message from P.R.O. Kids Chair..........................................................................4 Whatis P.R.O. Kids?...............................................................................................5 Why is P.R.O. Kids Essential?................................................................................ 6 How are Children linked to Leisure Activities? ............................................... 7 P.R.O. Kids Team...................................................................................................... 7 Children Assisted in 2015...................................................................................... 8 • Breakdown By Region................................................................................. 8 • Gender Ratio................................................................................................11 • Age Breakdown...........................................................................................12 • Application Trends....................................................................................13 • Activity Choices...........................................................................................14 2015 Financial Results.........................................................................................15 Value of Placements..............................................................................................16 What Happened in 2015......................................................................................17 P.R.O. Kids Fundraising Events in 2015...........................................................20 Grants and Donations Received in 2015.........................................................22 2015 Sponsors........................................................................................................ 24 Conclusion................................................................................................................ 28 15 P.R.O. Kids Positive Recreation Opportunities for Kids Providing Toda.V's Youth A Positive Tomorrow! 16 In 2015 P.R.O Kids had a very successful year, both with fundraising and assisting almost 1,500 children through the program, enabling all of them to participate in recreation activities of their choice. We had 250 kids apply to P.R.O Kids for the very first time in 2015 and we also assisted over 65 children who are either refugees or recent immigrants. On behalf of the P.R.O Kids Advisory committee, I would like to thank our generous donors, volunteers, dedicated staff and acknowledge the outstanding support from the Greater Saint John municipalities. In 2015 P.R.O Kids offered over $300,000 worth of programs to kids. This was made possible by partnering with over 100 local sports and recreation providers, including the S.J. Police Force and other youth serving agencies who helped P.R.O. Kids distribute helmets and equipment to 150 children in priority neighbourhoods. Here's to a successful 2016! Gary Clark Chair P.R.O. Kids Advisory Committee 17 What is P.R.O. Kids? P.R.O. Kids is a non-profit program operated by the City of Saint John that matches disadvantaged children and teens up to (and including) the age of 18 with organized, registered recreation activities. P.R.O. Kids receives support from organizations, businesses and service providers who donate spaces in their programs, provide financial or "in kind" assistance, or donate supplies, equipment and transportation to and from activities and programs. Children and youth from Saint John have had the opportunity to apply to this program since 2002 and the program expanded in 2005 so that families in Quispamsis, Rothesay and Grand Bay - Westfield could also apply for funding through the program. P.R.O. Kids is a proactive and confidential service available to all children and youth in Saint John, Quispamsis, Grand Bay - Westfield and Rothesay in financial need. All administration costs are covered by the municipalities, allowing 100% of the funds received through donations, grants and fundraisers to go directly to the children and youth of our community. P.R.O. Kids Vision All children and youth in Greater Saint John have the opportunity to participate in the arts, cultural, recreation, and sport activity of their choice. P.R.O. Kids Mission To provide assistance to as many children and youth as possible who are unable to participate in sport, art, recreation or cultural activities due to financial limitations. 18 a Why is P.R.O. Kids Essential? Poverty is a social issue that impacts a significant portion of our community, shown by Saint John's staggering poverty rate of 30.2% (Based on Taxfiler [TIFF] Data — SJ Human Development Council 2012). If we ever hope to overcome it, we must break the cycle by assisting the next generation. Financial barriers are not limited to people defined in the official poverty statistics. For a variety of reasons, hardship is being experienced by a growing number of families. Since 2002, P.R.O. Kids has assisted over 8500 local children and youth, giving them the chance to participate in many different recreation activities. Without a program such as P.R.O. Kids, these children would have been unable to participate in these activities due to financial limitations. Placing applicants through the P.R.O. Kids program assists in reducing negative poverty statistics and helps to better our community. By supporting P.R.O. Kids, you are removing barriers for participation. Placing children and youth in activities through the P.R.O. Kids program will not only affect these children; it will also positively affect their families and friends, those who are involved in the activity in which they participate, and the community at large. The children placed through the program will be encouraged to achieve their full potential and uncover their unique talents. They will feel a sense of belonging and community, will have an increase in self-esteem, and will have a chance to live a healthy, active life. In addition, there are numerous benefits to the community when children get involved in recreation activities, as recreation... ✓ Builds healthy communities and a healthy lifestyle ✓ Is an investment in the future of our young people ✓ Fosters cooperation and good citizenship ✓ Promotes positive behaviours ✓ Encourages community involvement ✓ Develops leadership skills ✓ Develops physical and creative skills ✓ Provides fun and enjoyment ✓ Is an important tool in crime prevention ✓ Strengthens families ✓ Promotes healthy development ✓ Builds social skills ✓ Lowers rates of illness and associated costs ✓ Results in higher grades ✓ children and youth stay in school longer How Are Children linked to Leisure Activities? Children and youth, their parent/guardian, or an agency working with the child apply for help placing the child/youth in an activity of their choice. At least one reference is required with each application. References verify that the child would benefit from a program/activity and the family could not afford the costs associated with participation. A reference can be a teacher, coach, clergy, social worker, neighbour, group leader, etc. The 2015 P.R,O, Kids Team After receiving an application, P.R.O. Kids staff verifies if the applicant has financial need. Upon determining that a child is in need, the applicant is placed on a waitlist that is processed on a first come, first served basis. When an application reaches the top of the waitlist, the P.R.O. Kids Manager then matches the applicant with an activity by providing funding or matching the child/youth with a donated space. The P.R.O. Kids team fully respects the sensitivities, preferences and individuality of the client in making these critical decisions. The success of P.R.O. Kids is due in large part to the efforts of its Advisory Committee & Staff. uuub� m ifim m�mm Vuu� m" im mii um uilui uiuu uuu dim m Kathryn Davison Chair Gary Clark Vice Chair, Quispamsis Councillor Matthew Bedard Member Lisa Caissie Member Connie Coffin Member Lisa Frechette Member Katie Langmaid, CA Grand Bay - Westfield Representative John MacKenzie Saint John Councillor Shirley McAlary Saint John Councillor Andrew Miller Member Dr. Susan Sanderson, MD Member Rob.... Scott Member Jeff Je.... Kelley Member Raylene Rice Member Miriam Wells Rothesay Councillor Natalie Young Member David Dobbelsteyn Staff — P.R.O. Kids Manager Jessica McPherson Staff— P.R.O. Kids Support Coordinator 20 a Children Assisted in 2015 2015 was a banner year for P.R.O Kids. We assisted almost 1500 Children in a wide variety of activities all across Greater Saint John. We also continued supporting existing programs such as: (1) SPARC with PALS (Partners Assisting Local Schools; (2) Mayor's Cup; (3) Community Police Officer Helmet Program; & (4) A Hockey Equipment Swap Program. Breakdown by Region Placements by Municipality 2 84% Saint John Grand Bay - Westfield IIIIII Rothesay Quispamsis 4 21 a Age Breakdown Gender Activity Participants <4 5 6 7 8 9 10 11 12 13 14 15 16 17+ M F Baseball 1 1 1 Cheerleading 1 1 1 Dance 7 2 1 2 2 7 Girl Guides 1 1 1 Hockey 4 1 1 1 2 1 Skating 1 1 1 Skiing 1 1 1 Soccer 3 2 1 3 Swimming 3 1 1 1 3 Volleyball 1 1 1 Total Placed 22 0 4 2 2 2 1 3 0 5 2 0 0 0 2 6 16 4 21 a 22 Age Breakdown Gender Activity Participants <4 5 6 7 8 9 10 11 12 13 14 15 16 17+ M F Baseball 2 1 1 2 Cheerleading 3 1 Age Breakdown 1 Gender Activity Participants <4 5 6 7 8 9 10 11 12 13 14 15 16 17+ M F Basketball 6 3 1 12 Football 2 1 2 2 4 2 Baton Twirling 1 1 2 Gymnastics 11 6 1 1 1 2 1 Cheerleading 4 1 Hockey 1 1 1 1 1 1 1 1 1 4 Dance 13 2 11 2 Horseback Riding 1 4 1 3 2 1 13 Football 4 3 2 Martial Arts 8 1 2 1 2 2 1 4 Gymnastics 4 2 2 1 Music Lessons 8 1 2 4 3 Hockey 10 2 4 Scouts 1 1 1 2 1 1 1 1 8 2 Horseback Riding 3 1 Skating 2 1 2 1 1 1 2 Martial Arts 1 2 1 Soccer 9 1 1 3 1 1 Music Lessons 1 6 3 Summer Camp 1 1 1 1 Skating 19 5 6 4 Swimming 2 1 1 1 2 9 10 Soccer 7 2 2 2 Total Placed 79 13 6 6 3 4 13 8 1 3 3 4 Summer Camp 8 3 41 1 3 1 1 1 1 5 3 Swimming 6 6 3 3 Volleyball 1 1 1 Total Placed 88 18 13 11 0 10 2 7 4 3 5 9 1 2 1 41 47 22 Age Breakdown Gender Activity Participants <4 5 6 7 8 9 10 11 12 13 14 15 16 17+ M F Baseball 2 1 1 2 Cheerleading 3 1 1 1 3 Dance 12 4 4 1 3 12 Football 2 2 2 Gymnastics 11 6 1 1 1 2 11 Hockey 11 1 1 1 1 3 1 1 1 1 11 Horseback Riding 5 2 2 1 3 2 Martial Arts 8 2 1 1 2 1 1 7 1 Music Lessons 8 1 2 3 2 4 4 Scouts 1 1 1 Skating 2 1 1 2 Soccer 9 1 1 3 1 1 2 6 3 Summer Camp 1 1 1 Swimming 4 1 1 2 3 1 Total Placed 79 13 6 6 3 4 13 8 5 3 3 4 2 6 3 41 38 22 23 Age Breakdown Gender Activity Participants <4 5 6 7 8 9 10 11 12 13 14 15 16 17+ M F Art 8 1 1 1 1 1 1 2 3 5 Badminton 6 5 1 2 4 Baseball 8 1 1 1 1 2 1 1 7 1 Basketball 43 1 3 1 1 7 4 13 3 4 2 4 41 2 Baton Twirling 1 1 1 Bowling 2 1 1 2 Boxing 12 1 2 2 1 2 2 2 11 1 Cheerleading 71 2 1 3 5 7 8 11 9 6 7 5 5 2 6 65 Dance 99 19 15 9 12 10 7 8 4 3 1 5 6 5 94 Rec Memberships 10 1 1 1 1 1 1 1 1 2 7 3 Football 18 1 1 4 3 3 1 3 2 18 Girl Guides 7 1 1 2 1 1 1 7 Gymnastics 71 16 4 11 10 15 2 1 8 4 11 60 Hockey 92 3 3 7 8 13 10 16 7 2 6 9 5 3 80 12 Horseback Riding 6 4 2 1 5 Martial Arts 57 3 4 8 1 9 9 6 10 3 1 1 2 42 15 Music Lessons 26 1 2 2 1 4 1 3 4 2 6 9 17 Rugby 1 1 1 Scouts 9 1 1 1 1 1 1 1 2 7 2 Skating 137 6 9 9 14 17 11 16 9 17 9 10 5 1 4 71 66 Ski/ Snowboarding 5 2 1 1 1 5 Soccer 51 15 4 11 2 1 3 2 3 3 2 3 2 42 9 Summer Camp 18 1 1 3 1 2 1 5 2 1 1 8 10 Swimming 222 70 20 37 18 21 19 13 8 7 3 2 2 2 134 88 Theatre Arts 17 4 2 1 3 1 4 1 1 5 12 Ultimate Frisbee 1 1 1 Total Placed 998 136 51 93 80 96 81 85 83 85 55 47 44 35 27 516 482 23 Females N Males P.R.O. Kids does not just provide a space in a program for a child, P.R.O. Kids will also assist that child in getting to their activity if they have no means of transportation. We typically will assist families with bus passes. We will provide taxi service if the family does not live near a bus route or if their program is not accessible by Saint John Transit. 1.3 12.7% Children not Assisted Provided Bus Passes IIIIII Provided Taxi Service 24 ;5� P.R.O. Kids tries to assist every family who applies. Sometimes we are unable to assist applicants for a variety of reasons. In some cases we are still able to assist these applicants by other means: In 2015 P.R.O. Kids received 14 Applications from beyond our service area. We were able to accommodate 9 Applicants by arranging funding for them with other youth serving agencies that provide support outside Greater Saint John. Applicants Not Placed In 2015 P.R.O. Kids Placed 90 % of all Applicants in 2015 25 ;5� P.R.O. Kids made changes to our application in 2015. We now accept applications ONLINE Families can fill out their though the applications at www.prokidssl.ca In addition to applications submitted by parents, we also receive referrals from Social Development, Anglophone School District - South, Horizon Health Network, and other Youth Serving Agencies P.R.O. Kids has increased the number of children placed by almost 90% in the last 2 years! Application Type - 2015 26 ;5� Placements 1400 1198 1200 1000 819 800 638 IIIIIIIIIII Placements 600 400 200 0 2013 2014 2015 P.R.O. Kids has increased the number of children placed by almost 90% in the last 2 years! Application Type - 2015 26 ;5� Surnmer Camp 2% Soccer 6% Skadng 13% scouts ......... . . % Offier 2% Music I essons 3% Mand al Arts 6% Horseback Riding % Other: Badminton Baton Twirling Bowling Rugby Ski/ Snowboarding Ultimate Frisbee Volleyball 2015 Acbvffies Swimming 20% Hockey 10% WA I Ventre Arts % Gwrinashcs Art Baseball % Baskeffiall 4% 1:3 oxi n g % heerleading 7% I..:)ance Rec Memberships % 2015 Financial Results P.R.O. Kids - City of Saint John As at December 31,2015 Prepared by Manaaement, Citv of Saint John Opening Balance Grants Donations Tournaments Annual Dinner Fundraisers & Other $91,768.20 $67,200.00 $32,640.00 $49,345.30 $30,763.82 $26,046.38 Program Fees Art Lessons $810.00 Basketball $3,252.13 Cheerleading $30,201.50 Dance $26,545.03 Fitness $78.00 Football $3,250.00 Girl Guides $730.00 Gymnastics $10,569.57 Hockey $29,928.20 Horseback Riding $1,684.70 Martial Arts $9,544.00 Music Lessons $7,249.89 Skating $9,490.15 Soccer $1,807.00 Summer Camp $4,280.18 Swimming $16,652.49 Theatre Arts $3,655.00 Other Activities $8,281.81 PLACEMENT COSTS $168,009.65 i Transportation Bus Passes $10,689.00 Taxi $1,150.00 28 ;5� Value of Placements P.R.O. Kids is able to assist so many children due to the generosity of our community partners. We have over 120 sports and recreation service providers in Greater Saint John who provide donated, matching, or discounted spaces for P.R.O. Kids to use to place children. All parents are asked to help assist with the cost of their own child's activity and in a sense `pay -it -forward' ensuring that P.R.O. Kids has funds to help more children in need. Service Providers — In Kind $63,443.00 $53 Parents $84,493.00 .. $70 P.R.O. Kids $186,167.00 $156 Municipal Funding of P.R.O. Kids provides e 3 to 1 Return on investment! 29 ;5� What Happened with P.R,O, Kids in 2015? The City of Saint John Common Council approved the proceeds from the municipal arena advertising program to directly benefit P.R.O. Kids. All proceeds will place disadvantaged youth in the recreational, sport, arts or cultural activity of their choice. Options for Advertising are: Rink Board Signs Wall Signs In -Ice Logo: Ice Machine Wrap: Wall Signs, Rink Boards, & In -Ice Logos Peter Murray Arena Advertisers can contact the P.R.O. Kids office or visit the P.R.O. Kids website for more information. P.R.O. Kids was a major sponsor for the Mayor's Cup at the Station One Skate Park on Canada Day. This event brought hundreds of participants and spectators. P.R.O. Kids hosted a skateboard clinic and provided skateboards and helmets so that kids could learn to skate safely. 30 ;5� PA, , .< Sports, Arts, Recreation, Culture "Necessity is the inother of"invention" P.R.O. Kids Staff speak with every single parent of the hundreds of P.R.O. Kids applicants each year. In many cases the parents have no idea what kind of activity their child wants to participate in because their child has never had a chance to try. Based on this need, P.R.O. Kids created a new Pilot program called SPARC: Sports, Arts, Rec, Culture The premise is simple: P.R.O. Kids gives every single student at a school a chance to receive 3 hours of instruction in 2 different activities (6 hours total). These activities are hosted by actual professionals and are held offsite (Gyms, Studios, Arenas, etc.), after school on each Monday of the 2015-2016 school year. PALS provides transportation for these students and teachers to go to these activities. If a student discovers that they have found a new passion in their activity, they can arrange with their parents to register permanently in that program. If their parents cannot afford to place their child in that program, P.R.O. Kids will provide a space for that child to take that activity. In the beginning of 2015 we partnered with Lorne Middle School, a priority neighborhood school in Saint John and the City of Saint John PALS partner school. Each student received the opportunity to participate in two activities: Dance, Martial Arts, Outdoor Pursuits, Music Lessons, Theatre Arts, Curling, Art Lessons, Basketball Due to the success of the program so far, we expanded the program to Prince Charles School and St. John the Baptist/ King Edward School in the Fall of 2015 31 ;5� Saint John Common Council recently passed a by-law requiring all skateboarders and cyclists to wear helmets. Many families cannot afford the cost of purchasing a helmet for their children. To meet this need, P.R.O. Kids has partnered with the Saint John Community Police Officers to help get helmets to kids in need. If a police officer catches a young person riding a bike or skateboard without a helmet they give that child a 'ticket'. The child needs to get a parent to sign that ticket, and then the parent and child can come down to see their local community police officer and can trade in their 'ticket' for a brand new helmet. P.R.O. Kids receives a significant Dunt of new and gently used juipment every year. PRO Kids passes out this gear to families in need. Families are spending a significant amount of money on equipment. Take Hockey for instance — the average cost to outfit a ngle youth with new hockey is roughly $740. This coupled with the rising cost of registrations, now between roughly $400 per year, puts hockey out of reach for many families. To meet this need P.R.O. Kids setup a new equipment swap program at the Carleton Community Centre. We partnered with volunteers from our local hockey leagues, and would give equipment to children in need. Kids and their parents could bring in old gear that is too small, and trade them in for something larger. Families can make an appointment with the P.R.O. Kids office to access our equipment for their children. P.R.O. Kids was able to assist over 115 youth with the cost of Hockey registration this year. This program was able to assist 45 additional youth in need, so that their parents could save money on buying gear and afford hockey registration more easily. 32 ;5� P.R.O. Kids Events & Fundraising in 2015 A big thank you to the hundreds of runners, volunteers and sponsors who came out to the QPLEX for the 1st Annual P.R.O. Kids Quispamsis Fun Run and Swim. The event, organized by Evan and Shelley Doucet was a resounding success and fun was had by all. The event raised over $4000 and the true winners of the run are the kids in need that the proceeds of the event will support. The Dickie Crossman Memorial Foundation held their first hockey tournament and their 14th annual Golf tournament. The total proceeds of these initiatives was $30,000. We Hosted our Annual Dinner at the Delta in May. Our Theme was 'SPARC a DREAM a play on words for our new SPARC program. The Dinner sold out and our guest speaker Stephen Lund shared his vision of opportunity with our guests. The dinner raised an outstanding $40,000 33 r In December, Mayor Mel Norton hosted a reception at City Hall along with the Mayors of Greater Saint John and members of Council to formally thank all of our major sponsors in 20154. The event was well attended and the Mayor handed our plaques to all of our Major Financial Sponsors ($5,000+) Bill & Norma Eaton and their dedicated staff at Rocky's hosted a series of fundraisers for P.R.O. Kids throughout the year, culminating with their sold -out Rocky's golf tournament. The amount raised by Rocky's this year to support P.R.O. Kids was presented to P.R.O. Kids in December and was over $15,000! 34 ;5� Grants, Donations & In -Kind Support Received in 2015 Acadia Broadcasting (97.3 the Wave & Country 94.1) Acadia Broadcasting was a Major sponsor this year and supported P.R.O. Kids by announcing our annual dinner in the weeks leading up to our Gala & promoting Quispamsis Fun Run and Swim. Birthday Donations Every year, P.R.O. Kids is the recipient of donations made by children who ask that instead of birthday gifts, their friends make a contribution to P.R.O. Kids The leadership and generosity of these kids resulted in hundreds of dollars in donations to P.R.O. Kids. Brent Kelly Memorial Five Miler: The Brent Kelly Memorial Five Miler is held each spring. All money raised is used to benefit youth in the Saint John area in memory of the late Brent Kelly. In 2015, P.R.O. Kids received a donation of $2,500 from the Brent Kelly Memorial Fund to benefit the program during the annual basketball tournament. Canadian Tire Jumpstart Charities: Canadian Tire Jumpstart is a charitable program created by the Canadian Tire Foundation for Families to help kids in need participate in organized sports and recreation. The program is delivered through local Chapters located in communities across the country. P.R.O. Kids is the largest recipient of support in Greater Saint John, and Jumpstart and P.R.O. Kids work together to assist the majority of P.R.O. Kids applicants. Donations in Memoriam P.R.O. Kids is often selected as a charity of choice when a loved one passes away. We wish to express our condolences & thanks to the families and friends who in their time of grief made donations to P.R.O. Kids in memory of their loved ones. 35 ;5� Hockey Clubs: The Rusty Blades & P.R.O. Kids Old Pros take up collection after each of their hockey games and give the proceeds to P.R.O. Kids. Jersey Days & Sports Day in Canada OSCO Construction Group & Saint John Energy both held Jersey Days at work. Employees could make a donation to wear a jersey at work. At Saint John Energy, employees also had the opportunity to run on a treadmill with Saint John Energy donating $10 for each km its employees ran at work. Both organizations each raised over $800 for P.R.O. Kids OutKast Car Club Joe Israel from the OutKast Car Club hosted a car show on July 18th. The show was well attended and received rave reviews. The volunteers, and organizers raised $2,000 for P.R.O. Kids. Peter Landers Memorial Golf Tournament: Joel & Colin Landers have hosted a Golf Tournament in honour of their late father Peter Landers for the past two years. Peter was instrumental in having children play hockey through PRO Kids. The Peter Landers Golf Tournament raised $2,500 for P.R.O. Kids in 2015 Rides at Rockwood Sgt. Jeff LaFrance hosted a fantastic car show at Rockwood Park. They had a great showing, lots of classic cars, a burn -out and they raised $2,000 for P.R.O. Kids RBC Foundation Employees from RBC pitched in to volunteer at the 15Y Annual Dickie Crossman Memorial Hockey Tournament. RBC also provided a matching $2,000 grant United Commercial Travelers of 3rd Field Artillery Regiment America: Jack Kidd Council #755: A big thanks to our 3rd Field Artillery Regiment, RCA. Members of the Loyal Company had casual Fridays this year and in that time collected $400 to support P.R.O. Kids MindCare P.R.O. Kids received a Grant for $10000 from MindCare in May. MindCare supports numerous mental wellness initiatives and P.R.O. Kids receives a significant amount of referrals from Health Care Professionals who want their patients to take a program that P.R.O. Kids provides. The U.C.T. Jack Kidd Council contributed $10,000 as title sponsor of our annual fundraising dinner. They are huge supporters of youth in our community and have been long-time supporters of P.R.O. Kids 100 Men Who Care P.R.O. Kids was Selected by 100 Mew Who care as one of three lucky non -profits to give a 5 minutes presentation to the group of men about the merits of their charitable program. At the end, the men voted, and selected P.R.O. Kids as the charity of choice and each man wrote a $100 cheque to P.R.O. Kids 36 ;5� 2015 Sponsors Support from local businesses, organizations and individual citizens are key factors in the success of the P.R.O. Kids program. The P.R.O. Kids Advisory Committee gratefully acknowledges the generous support of our sponsors, donors and program partners from 2015: Thank you to the City of Saint John and the Towns of Quispamsis, Rothesay and Grand Bay - Westfield for covering all administration costs, allowing 100% of all donations to go directly toward helping the children and youth of Greater Saint John. 37 ;5� Quispamsis Fun Run and 100 Men Who Care Swim Brent Kelly Memorial Fund 97.3 The Wave and Country 94 Brent Kelly Memorial Fund Brian D. Munro Professional Corporation Canadian Tire West Cleves Source for Sports David and Miriam Wells Delta Brunswick Freeman Audio Visual Irving Oil Jeff and Ann LaFrance — Rides and Rockwood Car Show Joe Israel - OutKast Car Club Car Show Leslie McGee Moosehead Breweries Ltd. Peter Landers Memorial Golf Tournament Peter Landers Memorial Golf Tournament RBC Foundation Saint John Sea Dogs Foundation Sandra Miller Floral Designs Whimsical Memories Vito's Dining Room & Lounge 38 ;5� Alternative Measures Program 3rd Field Artillery Regiment, RCA AGSD Professional Corporation Andy Lake Brianna Dumas Bruce D. Grant Professional Corporation City Market CUPE Local 813 Dr. Elizabeth Keyes Dr. Jo -Anne Attard Dr. John Brittain Andrew Miller Ann Lester Anna Keyes Barb & Peter McGill Blair MacDonald Bobbi Lee Chris Green Colleen Hickey Connie Coffin Councillor Gary Clark Councillor John MacKenzie Councillor Shirley McAlary Dave Gaigneur David & Jocelyn Crossman David Craig Deborah Fisher Diane Leblanc Dr. Kevin G. MacDonald Dr. Susan Sanderson George 'Big' Georgoudis George'Medium' Georgoudis Island View School Emerson Mylalsingh Judith Buchanan Ken Gents Oldtimers Hockey Club KVMHA Atom Hurricanes Neil Manson PALS Preceptor Theta Chapter- Beta Sigma Phi Saint John Hockey Referees Saint John Orthopaedics INC Social Development Susan Mott Jeff Kelley John Marino Kathryn Davison Katie Langmaid Lisa Caissie Lisa Frechette Margaret Willow Edwards Mike Feener Mike Harroun Ms. Colleen Hickey Natalie Young 061 Pamela Spicer Raylene Rice Rob Burke Rob Scott Robin and Jill Harvey Saint John Ability Advisory Committee Scott Mugridge Sean Crossman Shaena MacSween Stephen Lund Susie Dignam Amanda's School of Dance Fundy Fencing Baton Explosion Fundy Gymnastics Boys & Girls Club of Fundy Minor Football Saint John Association Camp Medley Fundy Soccer East Saint John Minor Association Camp Rotary Girl Guides of Canada Canada Games Aquatic Newcomers Resource Centre Go Go Gymnastics Carleton Community Golden Gloves Boxing Centre Cheerleading Club Caton's Island Good Life Centre Stage School of Harry Miller Middle Dance School Champion Spirit Interaction Children's Athletics Cheerleading Theatre Company Chang Yong Tae Kwon Jonathan Kipping Drum Do Lessons Cia Paulista Brazilian Memorial High School Nerepis Soccer Club Judo Kai Kan Ju-Jitsu Ju-Jitsu Dan Northrup Training Kennebecasis Valley Stables Panthers Volleyball Dance Zone Kid Sing Danceability Kim's Academy of Dance DayTripping Kio Karate Dr. Kevin Langford Kiyo Kan Judo Club East Coast Spirit All KV Basketball Star Cheerleading Association East Saint John Minor Saint John Lakewood Heights KV Golden Gloves Basketball League Newcomers Resource Experidance KV Karate Fairview Bowling Lanes KV Minor Baseball KV Minor Hockey Saint John High School Association Sienna Arts Academy Saint John Lakewood Heights Multicultural & Karate Newcomers Resource River Valley Female Centre Lancaster Little League Saint John Skating Club Lancaster Minor Saint John Soccer Club Basketball Association Ranch Lancaster Minor Saint John Speed Hockey Association Skating Club Long & McQuade Saint John YM -YWCA Midget Major AAA Saint John Youth Minor Vitos Hockey Association Music From the Heart Saint Malachy's Memorial High School Nerepis Soccer Club School Boy Hockey Okuden Scouts Canada Poley Mountain Shimpokai Judo Port City Dance Sienna Arts Academy Quispamsis Skating Simonds High School Club River Valley Female Sky Athletics All-Star Hockey Cheerleading Rock of Ages Snider Mountain Ranch Rockwood Park Stables Surf City Synchro Rotary Boy's Choir The Studio Dance School Rothesay Ballet School TNT Stables Saint John Art Club Top Corner Hockey Saint John Arts Centre Urban Dance Company Saint John Badminton Veronica's Music Club 40 ;5� Conclusion P.R.O. Kids enjoyed another successful year in 2015. Through the hard work and dedication of the P.R.O. Kids Advisory Committee, staff, and on account of tremendous community support, almost 1500 children were able to participate in positive, life changing recreation activities this past year. Over 8,500 placements have been made since the inception of P.R.O. Kids in 2001 but there is still much work to be done. Since the regionalization of the P.R.O. Kids program in February 2005, awareness of the program has continued to grow, leading to a significant increase in the number of applications received. The issue of poverty continues to threaten the future of our community. We anticipate even more children and families will request assistance this year, particularly in light of the Syrian Refugee Crisis and we will continue to provide our service to all families in financial need and make a difference - 1 child at a time. Mayor's Reception - December 2015 a IIR 11., 0 11., IIK liI cls s s li t I v e[Z, e c" ir- e a t I o in a II 0 p Ip o ir, t u in li t I es f () it - K li d s City of Saiint Jdhin 1.71. Adelaide Street, [:3ox 1.971. Saiint Jdhire , IM , [:2L- 44-1. (5 6) 64.2-.7529 Fa)c�(506) 658-.2902 prokids(&saintjohn.ca www.prokidssj.ca :1 yj 3 2016 �runsw�c��ss0c�adQn dm�{]Uz� dU NOUV��u-Br�n5�i�k Fredericton, September 22,2D1G The honourable Serge RousseUe Minister of Environment and Local Government Attorney Genera | Marysville Place POBox. dQO0 Fredericton, NB, E3B 5H1 Dear Minister, Following your request for feedback on the request from the city of Saint John to repeal the: An Act to Comply with the Request of the City of Saint John on Taxation oL the LNG Terminal, our association would like you boconsider this letter, when making your final decision. The Cities ofNew Brunswick Association issupportive ofthe province of New Brunswick repealing the above-mentioned act, under some key conditions. First, we believe the city ofSaint John proposals, toretain the new revenues ina separate account that will accumulate interest, until the assessment of the property is regulated, is the best approach in the current cwntext. By doing so, the province will minimize the risk for the city of Saint John and the municipalities that could potentially benefit from the repealing of the act. Furthermore, vvewant tohave some guarantees that the money that will beaccumulated inthis account will rightfully return to the equalization Krrrnu|a in order to be distributed to the city of Saint John and the other municipalities involved, once the assessment of the property is settled. Our association. would like tVthank you for the opportunity toweigh inonthis matter, and hope thlat-�our governrnent will move this file forward in a timely manner. ii*t President Cc: His Worship Don Darling, Mayor mfthe city nfSaint John Cc: The honourable Brian Gallant, Premier ofNew Brunswick E Saint John Commission sur _Putdf L,%?AjA*A Jonathan Taylor Common Clerk City of Saint John 8th Floor, City Hall Saint John, NB Dear Mr. Taylor, RE: Appointment of Stuart E. Archibald Canadian Corps of Commissionaires as a By -Law Enforcement Officer _ 11th Floor, City Hall, 11 i6me Etage, Fl6tel de Ville P.0, Box 1971 /CR 1971 Saint John, N.B./N.-B. E21_41_1 TelT6L (506)658-2897 Fax/ T616copieur: (506)649-7938 E-mad/Courriel: parking@saintjohn,ca 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: Stuart E. Archibald 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, Bei Marc Dionne Operations Manager Saint John Parking Commission /km .44 wwwsaintjo n.ca; aim I.1u.man'Dev(!I.opment Council, Identifies and addresses social'ssues in &eateT Saint John dm,ough research, infurntation, ?coo,;,dination ari.d networking, October 6, 2016 Mayor Don Darling and Members of Common Council Dear Mayor Darling and Councillors,: R E__t CC EE FV1 LF9 DO LH.,"T _62 Re: A service agreement and partnership with the Human Development Council We are writing to propose that the City of Saint John enter into a service agreement and partnership with the Human Development Council (HDC) which would include a multiyear service agreement with the City of Saint John. This service/partnership agreement is designed to offer the City a suite of resources and services and a trusted social lens on municipal and community programs and initiatives. Services and resources offered through this service agreement would focus on highlighting Common Council's priorities and assisting them in moving forward on expected outcomes and targets. I , 11111' 1111111111111117111111 1111 1 pill 11 1 1 1 1 111111 1 1 IF Organizing and supporting facilitated community discussions on key social issues; Assisting in the identification of major social trends within the city, province and country; Researching:, presenting and taking a leadership role with pilot project opportunities that align with Council's priorities,- >- Attracting speakers, scholars and government officials to Saint John to discuss innovative ways to address social issues; Networking with national and provincial social agencies to promote Saint John's successes and attract new social justice initiatives; Actively engaging the community in an ongoing dialogue about social issues using social media platforms; Acting as an incubator for new social enterprises to replicate our successes with Housing Alternatives, the Learning Exchange and the Community Loan Fund; Consulting on social issues, funding sources and initiatives; Maintaining a comprehensive online directory of community based services; Pursuing a province wide 211 system. T�)ird Rfl, Ciy Miu-I(ef, 47 Chadotte Streci, PU Box 6125, Sm A, Saint John, N5 E21, �M Tek (506) 634-1673 Fax (506) 636,-85 3 INFO,4ine (506) 633.4636 hdc@nbnet.n.b,ca www.hum 4�pvelopiiien,tcoiinc::iii,,nbca , AUNITED WAY AGENCY, The HDC would offer the following resources: Geographic Information System (GIS) integration and collaboration (using census data to provide detailed socio economic maps of Saint John's wards and neighborhoods), Social media support to highlight, promote and discuss the city of Saint John's initiatives, challenges and priorities-, Content management for press releases, special projects, social media accounts and publications from the City regarding social issues, trends, statistics, infographs and projects, - Statistics pertaining to the City and province using trusted data sources; Monitoring of Statistic Canada's new data releases; Access to a consortium of data users under the Community Data Strategy of the Canadian Council on Social Development. We are grateful for the City's financial support since our inception in 1979. This has allowed us to be an effective mechanism and shine light on important social issues such as child poverty, homelessness, the unique challenges of priority neighborhoods and many others. We are also cognizant that funding for non -profits has become more and more of a challenge as budgets are stretched to accommodate growing demands of infrastructure improvements, recreational facilities as well as supporting cultural initiatives. This is why we are proposing a working partnership with detailed services and resources dedicated to the City's commitment of addressing pressing social issues. We want the City, mayor and councillors to clearly see the value of what we bring to the table in this service agreement. The funding provided by the City of Saint John would allow us to support the city in its social initiatives, secure our presence in the Social Enterprise Hub (including providing office space to UvingSJ), and continue to employ 5 full time ,as well as part-time and contract staff. In turn, we would also be able to continue to pursue our principal community activities: providing residents, non-profit organizations and businesses access to timely, relevant social statistics-, offering consulting services for new projects; networking with provincial and national organizations; providing trusted content management and sharing social media exposure; creating info graphics to better illustrate data and the latest statistics; maintaining a supportive role in funding requests of other non -profits; and, providing research services and public access to a comprehensive and updated database of programs and services. Last week we learned that our project proposal — Saint John Area Local Immigration Partnership — has been positively assessed by the federal government for funding consideration. Over the next few months, Immigration, Refugees and Citizenship Canada will work with the HDC towards preparation of a potential contribution agreement to commence April 1, 2017. We look forward to working with the City so that it can take a lead role in newcomer attraction and retention. We would welcome further opportunities to work with the City on other social initiatives. Our ability to address these and other important local, provincial and national issues would be strengthened if the City accepts to refer this proposal fora service agreement and partnership. This much needed service agreement would also send an important message to our present and future funders that the City of Saint John is committed to making a difference by investing in the process of researching and implementing innovative solutions to age old social challenges. Our infrastructure may be one of the oldest in the country but our approach to poverty eradication and social inclusion is very relevant to today's economic and social challenges. On behalf of our board of directors, staff and volunteers we thank you for taking the time to consider our request for snot only a, service agreement but a viable partnership between our two organizations. Yours truly, '61 Randy, atfield# Executive Director Saint John Human Development Council M u� M&C No. 2016-244 Report Date October 11, 2016 Meeting Date October 17, 2016 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. SCD WP -- Proposed Groundwater Supply Monitoring Well Location, City of Saint John Property, Westgate Drive, PID 00021949. 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 I Jeff Trail RECOMMENDATION It is recommended that Common Council authorize City staff to install a groundwater wellfield observation well located on City property at Westgate Drive, PID 00021949. EXECUTIVE SUMMARY The purpose of this report is to update Council on the progress of the installation of observation wells groundwater monitoring and to seek Council approval for staff to locate an observation well on City property. PREVIOUS RESOLUTION Common Council at its meeting on March 11, 2013 approved the exploration for groundwater (M&C 2013-40). STRATEGIC ALIGNMENT This report aligns with Council's Priority for Sustainable Infrastructure. !E:3 2, REPORT Through Common Council an investigation was conducted that determined a viable groundwater source exists in the South Bay area. This groundwater source is capable of supplying high quality drinking water to Saint John Water customers west of the Saint John River. As part of the Safe Clean Drinking Water Project, this groundwater source is expected to be producing drinking water in 2017 when three large production scale (600 mm diameter) wells are brought online. Each production well will supply drinking water to Saint John Water customers via water transmission mains between the wellfield in South Bay and the Spruce Lake Treatment Facility. In order to establish this new drinking water source, the Conditions of Approval from the New Brunswick Department of Environment and Local Government require that an observation well system be established. This observation well system must be completed prior to drinking water from the production wells being delivered to Saint John Water customers. These observation wells consist of smaller (150 mm diameter) wells drilled at strategic locations around the South Bay aquifer. Each observation well will serve as an early warning system by regularly monitoring the water quality and levels within the specific observation well. In this manner, sufficient time will be afforded to Saint John Water to address issues should they arise in the South Bay aquifer. Currently, 9 observation wells have been installed. To reduce overall costs, some of the original wells drilled during the investigation stage of the groundwater project have been repurposed to serve as observation wells. To further mitigate expenses the remaining observation wells have been strategically located on property owned by the City, and, at locations so as not to impact adjacent property owners. After reviewing potential properties in the area of the South Bay aquifer, the City owned property on Westgate Drive was selected. This site meets the requirements for an observation well without significant site modifications and additional cost. The proposed Westgate Drive observation well is located between two residential homes (62 & 74 Westgate Dr.). The target property, PID 00021949, is owned by The City of Saint John and is zoned appropriately for installation of the observation well. This location is required to close a gap in the southwestern quadrant of the aquifer. This location was chosen as it does not require site preparation to permit access for well drilling equipment thus reducing costs. SERVICE AND FINANCIAL OUTCOMES The cost of installing this observation well is included within the budget of the Safe Clean Drinking Water Project. !Loll -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Growth & Community Development Department was consulted on existing zoning requirements of the target properties. ATTACHMENTS Plan of observation well location on Westgate Dr. Plan of PID 00021949 — City of Saint John Property. Photo of well head 61119] 61 - !ole:1 1000 ow:"....— -......., M&ch S. 2010 Prwm-9y 4m Me Mum Mr USH Nn: 1 of 1 R�Wuan: COUNCIL REPORT M&C No. 2016-243 Report Date October 12, 2016 Meeting Date October 17, 2016 Service Area saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Latimer Lake Water Treatment Facility — Reliability and Redundancy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kendall Mason & J. Brent McGovern J. Brent McGovern Jeff Trail RECOMMENDATION It is recommended that Common Council direct Staff through the City Manager to: • Proceed with the creation of a backup sodium hypochlorination system to be designed and constructed at Latimer Lake Water Treatment Facility at a cost of approximately $60,000; and • Engage the services of CBCL Limited to complete the detailed design of the backup sodium hypochlorination system. EXECUTIVE SUMMARY A review of the Latimer Lake Chlorination Facility was recently completed with the purpose being to assess the risks in the chlorination system and to identify opportunities to improve system redundancy. In all there were 15 significant risks identified and to address each of them by adding system redundancy would involve a considerable investment in an asset that is approaching the end of its life and would involve durations of 6 —12 months. Through the exercise it was identified that a "separate backup disinfection system" would add disinfection redundancy, significantly reducing the likelihood of an interruption of continuous chlorination and therefore decreasing the likelihood of a boil water order that would result from a treatment facility malfunction. 6'i! -2 - The equipment costs would be $29,100 (plus taxes and shipping). Considering the majority of installation work would be completed by Saint John Water forces, the entire completed system is estimated to cost approximately $60,000. However, it is noteworthy that once the new treatment facility has been commissioned the equipment would no longer be needed and could be reused within Saint John Water operations making the true cost of this significant redundancy enhancement more in the order of $30,000. These expenses would be managed within the overall Water & Sewerage Utility operating budget and the backup system could be operational before the end of 2016. PREVIOUS RESOLUTION As a result of the east side boil order on May 9, 2016 Saint John Water conducted a review of the Latimer Lake Water Treatment Facility. The following actions have been taken to increase the reliability of the Latimer Lake Facility until the new Water Treatment Facility is commissioned in 2018: • RSEI Consultants Ltd. has prepared a report on the life expectancy of the electrical and instrumentation devices in the Latimer Lake Water Treatment Facility including the dates of the required replacement and estimated costs. CBCL Limited has undertaken a review of the chlorination system and prepared a report on the chlorination system to identify redundancy opportunities and associated cost estimates. • RSEI Consultants Ld., The Panel Shop in conjunction with Saint John Water staff reviewed the electrical and instrumentation system at Latimer Lake Water Treatment Facility to identify and document components that require special settings/reprogramming when replaced. STRATEGIC ALIGNMENT The Safe Clean Drinking Water Project (SCDWP) remains a high priority and focus until such time as it is completed and the new water treatment facility is operational. The SCDWP will bring safe clean drinking water to the citizens of Saint John and reduce the occurrence of boil water orders that are due in part to Saint John's aging water system, the lack of full water treatment and the lack of sufficient treated water storage. 6191 -3 - REPORT Introduction The Latimer Lake Water Treatment Facility presently provides screening and chlorine injection of the water that flows from Latimer Lake to the City of Saint John, providing drinking water to approximately 45,000 residents. After the May 2016 boil water order, Saint John Water staff engaged the services of CBCL Limited (who were the civil works designers during the 2006 — 2008 Latimer Lake Facility capital upgrades that were completed) to conduct a review of the Latimer Lake Chlorination Facility with the purpose being to assess the risks in the chlorination system and to identify opportunities to improve system redundancy. CBCL Limited completed a draft report and Saint John Water have reviewed the report and have subsequently met with the Department of Health to discuss the redundancy enhancement opportunity that was identified. Analysis All engineered disinfection systems carry some level of risk of failure, regardless of the conservatism of design, built-in redundancies, safeguards, controls, operation or maintenance. However, the Latimer Lake system carries a higher level of inherent risk to allow unchlorinated water to enter the distribution system than is typical. The Latimer Lake chlorination facility uses an industry - standard gas chlorination system, which generally includes adequate safeguards and redundancy. However, the current configuration of the utility is relatively unique in that the flow of drinking water from the source to the distribution system is continuous, and cannot be interrupted, as there is no intermittent storage provided between disinfection point and the downstream demand. This is not a typical arrangement for drinking water utilities of similar sizes and comDlexities to that of Saint John. When looking at the risks of the existing facility it is helpful to classify risks in the chlorination system at the Latimer Lake Water Treatment Facility. The first method in classifying risks is to identify system components that have built-in redundancy and those components that do not have redundancy. This is a valuable process in determining critical points of failure in the overall system. The likelihood of any water treatment system component failure must be weighed with the severity of the resulting consequences. The likelihood of failure may be estimated based on the design of the system along with industry and operational experience. The following risk ranking matrix demonstrates a common method and the method used at the Latimer facility to quantify risks based on the likelihood of any particular event occurring multiplied by the severity of the consequence should the event occur. 67� -4 - Severity of Event Consequence Negligible Minor Moderate Significant Catastrophic x1 x2 A A x5 This method of risk/consequence rating is used to quantify and prioritize the various challenges. Through the exercise CBCL Limited identified 4 risks that had risk scores of 20 and they included for example failures such as electrical system issues that would lead to a power supply failure or controls system errors. There were 3 risks that had a risk score of 15 including for example chlorine supply piping issues, either failure of a chlorine solution injection pipe or piping in the yard (buried outdoors and not easily accessible - they are single pipes) and also if there was an issue with a chlorine analyzer. The next tier of risks included 4 risks that had a risk score of 10 including for example an automated valve failing or loss of vacuum on the chlorine system. In all, there were 15 significant risks and to address each of them would involve considerable investment (adding redundancy to the yard piping alone would cost approximately $250,000) in an asset that is essentially at the end of its life and the time to design and undertake these changes would be in the range of 6 to 12 months. The asset (Latimer Lake Treatment Facility) is to perform for approximately 19 — 25 months as commissioning of the new water treatment plant that is part of the SCDWP is scheduled to commence May 31, 2018. It is also important to note that while working in and around a live system that lacks redundancy, there is an inherent risk that any of the single points of failure have the potential of being disturbed leading to a boil water order, the exact issue we would be working to prevent. Also, the inability to halt the flow of water to the system is an inherent risk in the overall drinking water system configuration which cannot be completely mitigated by making investments in additional system redundancies to the existing chlorination system. 6'tl Highly Unlikely x1. Reimote Possibility x2. 6 $ Distinct Possibility x3 -C Occasional Event A J Cu Frequent Event x5 Lu This method of risk/consequence rating is used to quantify and prioritize the various challenges. Through the exercise CBCL Limited identified 4 risks that had risk scores of 20 and they included for example failures such as electrical system issues that would lead to a power supply failure or controls system errors. There were 3 risks that had a risk score of 15 including for example chlorine supply piping issues, either failure of a chlorine solution injection pipe or piping in the yard (buried outdoors and not easily accessible - they are single pipes) and also if there was an issue with a chlorine analyzer. The next tier of risks included 4 risks that had a risk score of 10 including for example an automated valve failing or loss of vacuum on the chlorine system. In all, there were 15 significant risks and to address each of them would involve considerable investment (adding redundancy to the yard piping alone would cost approximately $250,000) in an asset that is essentially at the end of its life and the time to design and undertake these changes would be in the range of 6 to 12 months. The asset (Latimer Lake Treatment Facility) is to perform for approximately 19 — 25 months as commissioning of the new water treatment plant that is part of the SCDWP is scheduled to commence May 31, 2018. It is also important to note that while working in and around a live system that lacks redundancy, there is an inherent risk that any of the single points of failure have the potential of being disturbed leading to a boil water order, the exact issue we would be working to prevent. Also, the inability to halt the flow of water to the system is an inherent risk in the overall drinking water system configuration which cannot be completely mitigated by making investments in additional system redundancies to the existing chlorination system. 6'tl -5 - In light of the aforementioned, there was an opportunity identified during the review of the chlorination system and the risk analysis that would address essentially all of the various risks identified as opposed to the more costly and time consuming way of addressing them one by one. CBCL Limited identified that a "separate backup disinfection system" would add disinfection redundancy reducing the likelihood of an interruption of continuous chlorination and therefore decreasing the likelihood of a boil water order. While the backup system would reduce the likelihood of an interruption to continuous chlorination, improving the system reliability, there will remain circumstances which could result in an interruption to the chlorination process and result in a boil water order. All of the circumstances, as can be expected, cannot be eliminated prior to the commissioning of the new drinking water treatment facility and water storage reservoirs (that form part of the SCDWP). In fact, these vulnerabilities are just some of the drivers for the SCDWP. By proceeding with the design and installation of a backup chlorination system it would significantly reduce the likelihood of a large scale boil water order to the community that would result from a treatment facility malfunction. Backup Disinfection System The backup hypochlorination system would be a rudimentary system that would operate continuously to ensure that chlorination to customers east of the Reversing Falls would be constant and continual in the event that the primary gas system was not functioning for a brief period of time. This would eliminate the potential for a release of unchlorinated water to the transmission system. Failures of the gas chlorination system would include, for example, events such as instrumentation failures, pump motor failure, valve failure, loss of power supply, loss of vacuum, electrical issues - including a failure of the emergency backup generator during a distribution power outage and other potential events. The sodium hypochlorination system would be installed in the screen house of the Latimer facility and would dose liquid chlorine (sodium hypochlorite) directly into the raw water as it flows past the screens into the transmission mains. The design of the backup system would be such that it would have two pumps that would have sufficient capacity for each pump to be capable of meeting the required chlorine dose target. The new backup system would be configured such that a loss of power at the facility will not result in a loss of power to the hypochlorination system. An uninterruptible power supply (UPS) would be installed as an intermediate between the building power and the hypochlori nation system. Under normal conditions, the hypochlori nation system will operate continuously feeding a very low chlorine dose to ensure the system is primed and chemical does not become stagnant. In the event of a gas chlorine failure alarm (of which 6'1:3 -6 - there are various scenarios noted above) at the primary chlorine facility, the hypochlori nation system response would be instantaneous. The dose would immediately increase to a preset value being the required dose and the release of unchlorinated water averted — preventing a boil water order. In total, the equipment needed would include 2 -metering pumps, a small plastic chemical storage tank and an uninterruptible power supply (UPS). Cost Estimate Budgetary quotations have been received from suppliers, for the associated equipment. The equipment quotes are summarized below. 1. Two metering pumps with dosing skid $15,000 2. High density polyethylene (HDPE) storage tank $1,600 3. UPS to supply minimum 12 hours energy supply for pumping $12,500 The combined equipment costs above of $29,100 are exclusive of taxes and shipping. Additional costs for process piping and wiring, electrical and mechanical installation, engineering, programming, construction of a secondary containment berm (around the chemical storage tank) and liquid chemical would be additional. Considering the majority of installation work would be completed by Saint John Water forces, the completed system as described above is estimated to cost approximately $60,000. It is noteworthy that once the new treatment facility has been commissioned that this equipment would no longer be needed at Latimer Lake, however, it could be reused within Saint John Water operations as these pumps and the UPS are used at various facilities. With this in mind the true cost of this significant redundancy enhancement would be more in the order of $30,000. The ongoing cost of additional sodium hypochlorite that would be used by the backup system would add approximately an additional $40,000 per year in chemical costs until such time as the new water treatment facility is commissioned (approximately 18 months). All of the above noted expenses would be managed within the overall Water & Sewerage Utility operating budget and it is expected that the system could be operational before the end of 2016. Conclusion As noted above, the new water treatment plant being constructed as part of the SCDWP is not scheduled to be in operation and serving the citizens of Saint John until mid - 2018. As a result, the Latimer Lake Water Treatment Facility must be fully operational and reliable for the next 1.5 to 2.5 years (for approximately 1 year past commissioning of the new treatment facility) to provide drinking water to customers. To add redundancy to the Latimer Lake Water Treatment Facility 6'1%] where continuous disinfection of the drinking water is critical, it is recommended that Council direct staff through the City Manager to proceed with the creation of a backup disinfection system. SERVICE AND FINANCIAL OUTCOMES The system changes being made will result in a further improvement in the reliability of the Latimer Lake Water Treatment Facility. Once the work is completed the immediate system enhancement is estimated to cost approximately $60,000 and these costs can be managed within the 2016 Water & Sewerage Utility operating budget envelope. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water staff have met and discussed the project with the Department of Health on two occasions. The Department of Health have reviewed the backup disinfection system plans and on October 6, 2016 advised of the following. "The Department of Health has reviewed the Memorandum submitted by CBCL Ltd. to the City of Saint John dated September 29, 2016 and supports the proposal for a backup hypochlorination system at Latimer Lake. The backup hypochlorination system would greatly reduce the potential of a slug of unchlorinated water entering into the distribution system. This will be achieved through a combination of the backup hypochlorination system operating at a low dose, and the backup hypochlorination system instantaneously increasing to a preset value of 5 mg/1 should the primary gas chlorination system fail. Although there can never be a guarantee, the Department of Health is of the opinion that this project has the potential to reduce the need of future boil orders and help reduce exposure to pathogens (disease causing microorganisms) in the event of a failure of the primary gas chlorination system, and ultimately better protect the health of the Saint John population." ATTACHMENTS n/a COUNCIL REPORT M&C No. 2016-238 Report Date October 11, 2016 Meeting Date October 17, 2016 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contribution Agreement for Saint John City Market Funding with Regional Development Corporation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jason Barton Kevin Fudge Jeff Trail RECOMMENDATION As provided in M&C 2016-238, the City Manager recommends: 1. Council approve the Contribution Agreement between the City of Saint John and the Regional Development Corporation (Project No. 7807) respecting City Market Upgrades and authorize its execution by the Mayor and Common Clerk, and; 2. Pre -approve $360,000 for the Saint John City Market Upgrades as provided in the 2017 General Capital Budget submission. EXECUTIVE SUMMARY The purpose of this report is to authorize the Mayor and Common Clerk to execute the Contribution Agreement between the Regional Development Corporation (RDC) and the City of Saint John for the Saint John City Market Upgrade Program. In addition, pre -approve $360,000 for the Saint John City Market Upgrades as provided in the 2017 General Capital Budget submission. PREVIOUS RESOLUTION On September 28, 2015, Common Council endorsed M&C 2015-199 the contribution agreement for Saint John City Market Funding with Atlantic Canada Opportunities Agency. AI -2 - STRATEGIC ALIGNMENT The Regional Development Corporation (RDC) funding contribution represents the final government portion of the three way funding arrangement for the Saint John City Market Upgrade Program totaling $6,090,000. The $2,030,000 in funding from the Atlantic Canada Opportunities Agency (ACOA) is conditional on the confirmation of the equivalent funding from both RDC and the City of Saint John. REPORT In 2015, Common Council directed the City Manager to submit funding applications to both provincial and federal agencies for infrastructure upgrades to the Saint John City Market. The total cost of these upgrades was estimated to be $6,090,000. As such, applications were submitted to ACOA and RDC for $2,030,000 respectively, with the City of Saint John responsible for the remaining $2,030,000. In July 2015, Common Council received news that ACOA approved $2,030,000 in funding towards the Saint John City Market Upgrade Program, and an agreement was subsequently executed (M&C 2015-199). The agreement is contingent on the confirmation of the equivalent funding from both RDC and the City of Saint John. The attached contribution agreement from RDC represents the final amount of government funding for the Saint John City Market Upgrade Program. Common Council has previously approved $1,670,000 of the $2,030,000 contribution from the City of Saint John towards the Saint John City Market Upgrade Program. Staff has recommended $360,000 be allocated to the Saint John City Market Upgrade Program in the 2017 General Capital Budget submission. This would represent the final amount of funding from the City of Saint John towards the project. The RDC funding is contingent on the confirmation of the equivalent funding from both RDC and the City of Saint John as previously mentioned. SERVICE AND FINANCIAL OUTCOMES If approved by Common Council, $360,000 would be allocated to the Saint John City Market Upgrade Program as provided in the 2017 General Capital Budget submission. I' -3 - Staff is prepared to continue the execution of the projects that were previously identified for the Saint John City Market Upgrade Program. The overall program will be completed in 2018. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Solicitor's Office and Finance and Administration Services supported the development of this report. ATTACHMENTS Government of New Brunswick — Regional Development Corporation (RDC) — Saint John City Market Upgrades Contribution Agreement W N 6-M I =-I# 3 W01 WOW His Worship Don Darling Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 4LI SUBJECT: ProjNo.: 7807 Project Name: City of Saint John — City Market Upgrades Dear Mr. Mayor: Further to recent discussions between representatives of Regional Development Corporation (RDC) and the City of Saint John (the City) we are providing this replacement letter of offer regarding RDC support for the above -noted project, A financial contribution of fifty-eight per cent (58%) to a maximum of $2,030,000 will be provided on revised eligible costs as described in Appendix A. Notethat RDC's contribution of $2,030,000 is based on overall project costs of $6,090,000 to be, funded on an equal, tri -partite basis with the City and ACOA. RDC reserves the right to amend its contribution if actual project costs or the City and ACOA's contributions are materially less than projected, Financing Conditions The City must provide confirmation to RDC within 60 days of this offer that all other financing has been obtained prior to release of any funds for the project. Reimbursement Procedures Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. Each claim shall be submitted' by March 31 of each fiscal year indicated in Appendix A on forms herein provided. Electronic copies may be obtained at: www.qnb,ca/rde Terms and Conditions 1, No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the City without the prior written approval of RDC, 2. The City shall not change the project scope, purpose or eligible costs without prior written approval of RDC. www.grib.ca Regional Development Corporation[Soci&b de d6veloppernent regional P.O. Box/C.P. 6000 Fredericton New BrunsMck/Nouveau-Brunswick E313. 5H1 Canal& Page 2 3, RDC may refuse further disbursements if there is a materially adverse change in the financial position of the City or status of the project. 5- The City shall not sell or dispose of any assets purchased under this agreement for a period of 36 months fo'llowuingi the completion of this project without prior written approval from an authorized representative of RDC. 6. The City shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 7. The, City shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 8. The City shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the applicant or its servants or agents in carrying out the contract. 9. Any costs incurred prior to April 1, 2015 are not considered eligible expenses under this offer. 10. The City must adhere to all labour and environmental laws and regulations. 11. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 12. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. If you are in agreement with the terms and conditions of this offer, please sign the enclosed copy of this letter and return it to the RDC. Please note that failure to do so within 45 days renders this offer null and void. AW Page 3 All correspondence with, respect to the project is to be forwarded to Kevin Kearns at Kevin. Kearns@gnb.cal,, Sincerely, Bill Levesque President Am Mayor: Comimon Clerk: This offer accepted on behal'Ol City of Saint John for Project: 7807 - City Market Upgrad City of Saint John - Infrastructure Regional Development Corporation will reimburse 58.0% of eligible costs up to the total approved contribution. Eligible Cost(s) Head Tower Renovations $3,5100,000 Total $3,500,000 Ineligible Cost(s) Replace Escalators/Elevator $700,000 Replace Windows - Market Hall $250,000 Replace Upper Roof - Market Hall $140,000 Replace Exterior Doors - Market Hall $60,000 Install Radiant Heating - Market Hall $200,000 Replace Lower Root- Market Hall $90,000 Replace Heat Pump $25,000 New Air Distribution System/Solar Air Heating $200,1000 Renovate Seating Area - Consulting $150,000 Replace Lighting - Market Hall $25,000 Renovate Seating Area $750,000 Total $2,590,000 The portion of Harmonized Sales Tax (FIST) refunded by Canada Revenue Agency is considered ineligible. Objectives Upgrade - City Market AYA �':��.,_ SAINT JOHN BOARD OF POLICE COMMISSIONERS ONE Peel Plaza, E2L OEl PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau -Brunswick Canada E2L 4L1 ANNE -MARIE MULLIN Chair/ President JENNIFER CARHART Vice Chair/Vice President BRIAN BOUDREAU Secretary/Secretaire MAYOR DON DARLING Commissioner/Commissaire GARY SULLIVAN Commissioner/Commissaire MICHAEL HAYCOX Commissioner/Commissaire JOHN T. W. BATES, M.O.M. Chief of Police/ Chef de Police DAPHNE WAYE Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 648-3324 E-mail/Courriel: policecommission(o) saintiohn. ca Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir October 13, 2016 PUBLIC SESSION M&C 2016-251 Mayor Don Darling and Members of Common Council Your Worship and Councillors: Re: Saint John Police Force — 2016 Operating Budget — August (Unaudited) Financial Results The Saint John Board of Police Commissioners, at its meeting on Tuesday, October 4, 2016 accepted and approved the Saint John Police Force - 2016 Operating Budget — August (Unaudited) Financial Results. On behalf of the Saint John Board of Police Commissioners, I am pleased to provide a copy of this report to Common Council in accordance with Section 7(3) of the New Brunswick Police Act. Respectfully submitted, -ore, Anne -Marie Mullin, Chair Saint John Board of Police Commissioners AMM/dew Enclosure 11MUSIN Ms. Ann Marie Mullin, Chair and Members of the Board of Police Commission Chair Mullin and: Members 2016 Operating Budget — August Financial Results �- �12�z *�,, C The purpose of this report is to provide the Board with an update on the (unaudited) financial position of the Saint John Police Force's Operating Budget for the second trimester ended August 31, 2016. For the period ended as at August 31, 2016, the net operating expenses for the Saint John Police Force were under budget by $669,692 or 4.3%. There are six key areas that contributed to this budget variance. 1. Revenue surpassed projections by $93,140. 2. Salaries and Wages were under budget by $555,405. 3. Overtime costs exceeded budget by $255,940. 4. Court Time and Other Personnel costs were over budget by $41,228. 5. Fringe Benefits were under by $154,984. 6. Good and Services were under budget by $163,331. Alin Marie Mullin, Chair Members of the Board of Police Commission October 4, 2016 Page 2 Suhiecf: 2016 Operating Budget —?august Financial Results Salaries were under budget by $555,405 and the Saint John Police Association working agreement expired on December 31, 2015. Contract negotiations are on- going and a wage settlement for 2016 is unknown. OVERTIME Saint John Police Association (SJPA) The overtime costs were over budget by $258,216. The Patrol Division accounted for $141,777 of this amount and the Criminal Investigation Division was over budget by $55,729. The overtime expense for Extra -Duty accounts for $60,710 of this budget variance and this amount is fully recoverable from external organizations requesting the services of off-duty police officers to ensure public safety at their events. Court Time - Saint John Police Association (SJPA) The cost for court time exceeded budget by $40,614. The various Goods and Services accounts were under budget by $163,331 and there are key accounts that are showing under budget due to billings not being received and processed at the end of this reporting period. WFA 1*14 :11 10-110291MIZISIFTATI 18aellmiKeffiN The August financial report is the reference point used to project the final budget results at year-end while recognizing there often is unforeseen incidents that may occur at an operational level that are not predictable, which can substantially increase overtime costs. Me] Ann Marie Mullin, Cbair Members of the Board of Police Commission October 4, 2016 Page 3 Subject. 2016 Operating Budget — August Financial Results The significant unknown expense is the 2016 wage settlement for unionized police officers covered by the Saint John Police Association working agreement. Based on all known variables that can impact the Operating Budget, the projected 2016 year-end financial position for the Saint John Police Force is to be on budget. NX9191 &INA [AlkFITIWOU It is recommended that the Board accept and approve this Financial Report for the period ended as at August 31, 2016 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Attached reports and documents: • Service Based Budget - Actual versus Budget — August 31, 2016 • Budget Variance Analysis — August 31, 2016 Respectfully submitted, MarvenlL do'rscadden, 6PA,CGA DIRECTOR FIR & FINANCE 71 Service Revenue 290,000 193,333 336,130 142,796 719% Other Funding Sources 410,000 273,333 223,677 - 49,657 -18.2% Total Revenue 700,000 466,667 559.806 93.140 20.0% Salaries & Benefits 20,628,277 13,728,712 13,315,491 413,221 3.0% Goods & Services 3,591,482 2,490,116 2,326,785 163,331 6.6% Other* Total Expenditures 242219,759 16,2182828 15,642,276 576,552 16% General Funding Required. 23,519,75,9 15,752,161 15,082,470 669,692 4.3% FTEs 176 176 176 MWOMMAI .. # . •40 a .•— mm�,M 24,219,759 16,218,828 15,642,276 576,552 3.6% SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended August 31, 2016 Budget Expenses Variance Current Variance TimingActual $ 16,218,828 $15,642,276 $576,552 $576,552 t Expense Cateqory Variance Explanation of Variance Salaries & Wages $555,405 9 Salaries: Non -Union over budget by $6k. ® Salaries: Local 486 over budget by ($139k). • SJPA Police Officer wages under budget by $700k. Note: The SJPA collective agreement expired on 1 2131 /201 5' and negotiations are on-going and the wage increase for 2016 is still unknown. Overtime ($255,940) a Overtime: SJPA-Patrol: Over budget by ($142k). 0 Overtime-SJ'PA-Criminal Investigations: Over budget by ($56k), 0 Extra -Duty Overtime - Over by (60k) and this expense is 100% covered by earned revenue as all hours paid are invoiced to 3`d parties for Extra—Duty assignments. Other Personnel Costs ($41,228) - Court Time: Over budget by ($41k). Fringe Benefits $154,984 e Benefits: 'The rate for police officers is at 28.6% and 24.8% for civilian employees. This rate now includes the employer portion the Long -Term Disability (LTD) plan and the Shared Risk Pension plan. It also includes El, CPP, WCB and employee group benefit costs. General Services $113,188 a Telephone: Under budget by $14k. • Travel: Under budget by $17k. • Employer Training: Under by $63k. rig] Saint John Police Force - August 31, 2016 Budget Variance Analysis Expense Category Variance Explanation of Variance Insurance ($1,746) - No significant variance at the end of August 2016. Professional Services $38,684 e Legal: Under budget by $16k. 0 Other Professional Services: Under budget by $19k. Other Purchased Services ($20,825) ® Other Purchased Services: Over budget by ($21k). Repair & Maintenance $43,168 * Computer Maintenance: This is the timing between the monthly budget allocation and the payment of invoices for computer maintenance and software licensing contracts with various service providers. Rentals ($100,156) Building Occupancy: The annual occupancy charge from the City of Saint John to the Police Force for One Peel Plaza is over budget by ($96k) as operating and administrative costs for the Police Headquarters building charged by the City's Facility management department is higher than planned for 2016. Purchased Goods ($3,409) @ There are eighteen accounts in this expense category and this variance is a timing difference with the ordering of goods and the monthly allocation of the budget. All significant expenditures will be completed by September 2016. Government Services $309 No significant variance at the end of August 2016, rAE, I Saint John Police Force - August 31, 2016 Budget Variance Analysis Expense Category Variance Explanation of Variance Internal Services $66,832 e Fleet Fuel - $26k — The fuel costs at the end of August were under budget. 0 City of SJ - IT Service Level Maintenance (SLM) Agreement $22k — The quarterly charges from the City's IT is still pending and will be processed in the next financial reporting period. Asset Purchases $27,286 • Other Assets $12k — Any necessary expenditures for other assets such as breath test equipment, radars, and other operational devices will be completed by September. W NO T'll" Offi WHEREAS: pregnancy and infant loss is a common occurrence, one that is often not recognized, and; WHEREAS: a month of awareness raises knowledge and education, with regards to the occurrence of pregnancy and infant loss, so that they may respond appropriately and extend compassionate understanding to family and friends who experience the death of their loved and longed for children, during pregnancy and in infancy, and; WHEREAS: a day of remembrance honours the lives of children taken far too soon and supports grieving parents, grandparents, siblings and other family members whose lives are irreversibly altered by the heartbreaking loss of a child, and; WHEREAS: promoting awareness of the challenges faced by families who experience the death of their children during pregnancy and in infancy is a positive means of establishing support and understanding, and; WHEREAS: increased awareness of the causes and impacts surrounding pregnancy and infant loss may lead to greater understanding, support and resources in the City of Saint John, and; WHEREAS: the City of Saint John will join the Province of Now Brunswick in marking this month of awareness and day of remembrance for pregnancy and infant loss. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim the month of October 2016 as Pregnancy and Infant Loss Awareness Month, in conjunction with October 151h, Pregnancy and Infant Loss Remembrance Day, in The City of Saint John. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. NQ PROCLAMATION WHEREAS driving is an important and exciting right of passage for youth. It is also one of the riskiest activities for young people to engage in; WHEREAS teen driver safety is a significant issue in Canada. Young drivers are over represented in all road -related injuries and fatalities. WHEREAS National Teen Driver Safety Week is a week dedicated to raising awareness and seeking solutions to preventable teen deaths on the road across Canada. Everyone has a role to play in creating change amongst their peers, in classrooms and in their communities; NOW THEREFORE: '.l, Mayor Don Darling of Saint John, do hereby proclaim October 16 -22nd, 2016, as National Teen Driver Safety Week. In witness whereof I have set my hand and affixed the City of Saint John. MA seal of the Mayor of the 1316 1"" C11 rr � orrn �m Mel Norton 15 Market Square PO Box 1971 Saint John, NB E21, 4L1 Re: Canada's National Teen Driver Safety Week Dear Mayor, On behalf of Parachute, Canada's leader in injury prevention, I am writing you today to draw your attention to Canada's National Teen Driver Safety Week taking place October 16-22,2016. This year, National Teen Driver Safety Week (NTDSW) will focus on distracted driving as well as drug impaired driving, challenges we all face right across Canada. Teen driver safety is important. While young people only make up 127o of the licensed drivers, they account for approximately one fifth of all road -related injuries and fatalities. In Canada motor vehicle collisions lead to over 14,000 hospitalizations and 161,000 emergency room visits annually. In addition to the human cost, the financial cost is over $2.1 billion per year. We know that over 90% of these injuries, deaths and cost could be prevented. With these alarming statistics in mind, I think you would agree, now is the time to prevent injuries and let Canadians live long lives to the fullest. This is the fourth year Parachute is leading National Teen Driver Safety Week in Canada. Last year NTDSW witnessed an impressive amount of interest and support with 524 community events, and support from eight provinces and over 35 municipalities. Now, more than ever, we hope you will join the growing number of Canadians who are supporting National Teen Driver Safety Week. Your leadership can help save lives. We are asking you to introduce the attached proclamation to officially recognize National Teen Driver Safety Week, and lend your support to NTDSW via social and traditional media between Oct 16-22. Please let me know if you will introduce a proclamation, and help raise awareness of National Teen Driver Safety Week. Thank you in advance for your leadership in helping Parachute, and all Canadians, take a stand on Teen Driver Safety. Sincerely, Louise Logan, BA JD rE:3 ru U O 2 L LU r E 0 0 V • v, Q) V (u E L- 0 0 ^L� W 0 U O w w z O 0 n a w U Q w U LL LL O c� z Q w a- 0 O LL w_ U 0 N ry W m 0 U O U � � C � f0 �_ U 4-J ~ C J N C: J ca d W i C — N N N ca N N i N C Q C p1 Q C+ N "O fu E C Q Q N a LO a O n C m J J i --i d Q N fo 4-J - w C cn d N Q O cn U= c c O— m Q rLa rLa rLa Q Q Q U U ct) a . . . . . . . . . . . . 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(2) V) a) .1 .. .. .. .. .. . u V) w Mo = = Q) O 0 < c(.tLo (L) z 9 A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it Council of T follows: ARRETE N" M-23 ARRETE MODIFIANT VARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN enacted by the Common Lors dune r Th City of Saint John as communal, The City decr&6 ce qui suit : 1 A by-law of The City of Saint John entitled, "A By --law Respecting The Stopping Up and Closing of Highways in The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 241 immediately after Section 240 thereof, as follows: 241 The City of Saint John does hereby stop up and close permanently the following highway: SOUTHWARK STREET: All that portion of Southwark Street a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 550 square metres, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Southwark Street, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated August 16, 2016 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the *** day of ******, A.D. 2016 and signed by: Bunion du conseil of Saint John a 1 Par les prdsentes, Parretd de The City of Saint John intitul6, « L'arr&6 sur l'interruption de la circulation et la fermeture des routes dans The City of Saintn Joh, d6crdt6 le 19 d6cembre 2005, est modifie par 1'ajout de Particle 241 imm6diatement apres Particle 240, comme suit : 241 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la route suivante : RUE SOUTHWARK: Tout le trongon de la rue Southwark, unc rue publique dans The City of Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, dune superficie de 550 mZ comme le montre le plan d'arpentage intitul6 << plan d'arpentage indiquant une partie de la rue Southwark, City of Saint John, comte de Saint John, Nouveau - Brunswick », prdpar6 par Hughes Surveys & Consultants Inc. et date du 16 aout 2016, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le **** ****** 2016, avec les signatures suivantes : Common Clerk/Greffier communal First Reading Premi6re lecture - Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture ,. Tib 11` _o Q' Z C z. cgs • C $ nom 8 x 2 o s m m Q N cc mr}v'dE = 8vaao o ciQ yim °� +33 °' ° 8P `E�=E Ew;�Ep ILI oa :E V n [2,mg",id uB =c.�� o �§ °� �s RD"` E's gz .$z�gEe•m�E= `�_ �c' `o c� .9 L �` C0O ni a $ sae c �ry c°wn 8 1:9i S_ JU ..�. o a E° v' �'�as .° IseN z z .i .-..i ', s, a-.�.. �. • .�8 '.'.:-M� �: \' ..,, CL— E71 O C �o•.E �q� s o u oa a �3fY.��4:=.1 .91 � O 9 oatntn'c� [ m cc 0.0 aV w Oso a S m m L ^ N k oIn STREET CLOSING SOUTHWARK STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, October 17, 2016 at 6:30 p.m. to stop up and close the following highway: SOUTHWARK STREET: All that portion of Southwark Street a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 550 square metres, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Southwark Street, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated August 16, 2016 attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk at 658-2862. 113 FERMETURE DE RUE RUE SOUTHWARK Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier N< Arrete sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John >> lors de la rdunion ordinaire qui se tiendra le lundi 17 octobre 2016 a 18 h 30 afin d'intcrrompre la circulation et de fermcr la route suivante : RUE SOUTHWARK: Tout le tronron de la rue Southwark, une rue publique dans The City of Saint John, comte de Saint John, dans la province du Nouveau -Brunswick, dune superficie de 550 m comme le montre le plan d'arpentage intitul6 << Plan of Survey Showing portion of Southwark Street, City of Saint John, Saint John County, New Brunswick » (plan d'arpentage indiquant une partic de Ia rue Southwark, City of Saint John, comt6 de Saint John, Nouveau -Brunswick), prepare par Hughes Surveys & Consultants Inc. et date du 16 aout 2016, ci joint. (INSERER LE PLAN) Toute personne int6ressee peut examiner les projets de modification et le plan des rues d6crites ci-dessus au bureau de la greffiere communale a 116tel de ville au 15, Market Square, a Saint John, au Nouveau -Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fends. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussign6 a 116tel de ville. Si vous exigez des services en franrais pour une reunion du conseil communal, veuillez communiquer avec le bureau de la greffi&e communale au 658-2862. � � \m 0 3Jgz\ { fG ° G s 't e ) =)0 ®)//» \i%§a = G / R 400;6 �D z 0 fill, CD �D z 0 fill, Is gun S .' j Im "' c5, "f (°' 0 4m 14 to/o/Jimoo),; 3 DO l ti c O O O Ln u 0 U U U O O O U U U ir— N C m wx September 21, 2016 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: ZoneSJ Update Zoning By -Law Amendment On July 11, 2016 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 20, 2016 meeting. Mark Reade of Growth and Community Development Services provided an overview of the revisions to the by-law noting the proposed amendments implement improvements developed through the One Stop Development Shop project and build on past updates to other development -related by-laws. The City of Saint John. Mr. Reade also provided an overview of three mapping changes to recognize past approvals which were not reflected on the City's current Zoning Map and to recognize the site of the West Side School currently under construction. Mr. Reade also responded to questions from the Committee related to signage and development permits. No letters were received regarding the application and no other persons appeared before the committee. After considering the overview provided by City Staff and the attached report, the Committee recommended that Council adopt the amendments to the Zoning By-law 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." Page 1 of 2 131 City of Saint John Zone SJ Update September 21, 2016 2. That Common Council amend By-law Number M-20, A By-law to Regulate and License Mobile Home Parks in the City of Saint John by repealing section 27. 3. That Common Council direct Growth & Community Planning to report back on the compliance of required landscaping for new development by September 30, 2017. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 132 The City of Saint John Date: September 16, 2016 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, September 20, 2016 SUBJECT Applicant: The City of Saint John Application Type: Zoning By-law 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, October 17, 2016. SUMMARY The purpose of this report is to discuss some of the key changes proposed to the Zoning By-law to operationalize the One -Stop Development Shop and recommend the proposed by-law amendment for adoption by Common Council. The report and recommendation also includes the removal of a section in the Mobile Home Parks By-law pertaining to the temporary placement of mobile homes, and the reporting back to Common Council with respect to landscaping compliance next year. Specifically, this report provides discussion on development permits — a new feature to the Zoning By-law and a service improvement related to the One -Stop, changes to the filling and excavating of land and garden suites — both of which address previous Council resolutions, and the reasons for delaying the implementation of a landscaping security program at this time. The report also includes discussion about the rezoning of three specific properties and service fee 119191 The City of Saint John ZoneSJ Update September 16, 2016 changes. Furthermore, the proposed amendment modernizes and improves various provisions within the Zoning By-law to improve clarity and enhance administration. RECOMMENDATION That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-35, A Law to Amend the Zoning By -Law of The City of Saint John." 2. That Common Council amend By-law Number M-20, A By-law to Regulate and License Mobile Home Parks in the City of Saint John by repealing section 27. 3. That Common Council direct Growth & Community Planning to report back on the compliance of required landscaping for new development by September 30, 2017. DECISION HISTORY On April 27, 2015, Common Council directed Growth & Community Planning to initiate an amendment to the Zoning By-law that would permit garden suites as permitted uses in appropriate zones outside of the Primary Development Area. At the same time, Common Council also directed staff to repeal the section of the Mobile Home Parks By-law relating to the temporary placement of mobile homes. On March 7, 2016, Common Council held a public hearing to consider Building and Subdivision By-laws. Common Council also considered a new Drainage By-law. On March 21, 2016, Common Council adopted all three mentioned by-laws. On May 2, 2016, Common Council scheduled a July 25 public hearing to consider a comprehensive amendment to the Zoning By-law. Common Council also referred the matter to the Planning Advisory Committee for a report and recommendation. On July 11, Common Council rescheduled the public hearing until October 17 in order to provide the necessary time for translation work to be undertaken. ANALYSIS Background On December 15, 2014, Common Council adopted a new Zoning By-law (ZoneSJ). This new Zoning By-law was the first deliverable of the One -Stop Development Shop, grounded in best practices in land use planning and entrenching our community standards as promoted by Saint John's 2012 Municipal Development Plan (PlanSJ). Page 2 of 9 134 The City of Saint John ZoneSJ Update September 16, 2016 On March 21, 2016, Common Council adopted three further development by-laws — Building, Drainage, and Subdivision — as the next series of by-laws associated with the One -Stop. With the adoption of all four by-laws, the goal of providing stakeholders with a suite of modernized, progressive development by-laws was realized. Together these by-laws provide improved clarity and predictability for investment. Further improvements are necessary to amend the Zoning By-law in order to operationalize and enable continuous improvement to the One -Stop Development Shop that will ensure alignment, clarity, and integration with the other development by-laws, and incorporate new features of the One -Stop adopted by Common Council. As discussed in this report, the amendment also addresses several Common Council directives (see Decision History). Finally, the amendment leverages the decision-making of both the Planning Advisory Committee and staff since the adoption of the new Zoning By-law. Please note that this report highlights some of the proposed key changes to the Zoning By-law. For further information, reference should be made to the attached by-law amendment. Development Permits For some time permits associated with change of use, signs, and commercial excavation have been issued under the Building By-law. As part of the One -Stop Development Shop, it has been confirmed that the authority for these types of developments are more appropriately addressed through the Zoning By-law with the introduction of development permits. The proposed development permit system is comparable to the building permit system used in the new Building By-law. The inclusion of development permits would provide the City with a much better mechanism for authorizing change of use, signs, and commercial excavation. The new development permit system will not result in any additional fees for developments that already require a building permit. Only those developments not regulated by the Building By-law would be subject to an application fee of one hundred and ten dollars (except for commercial excavations such as pits and quarries, which will continue to require a fee of one thousand and one hundred dollars). In comparison, the City of Moncton requires both a building permit fee and a development permit fee for the same development. The proposed approach for Saint John's development permit system would also exempt of a number of developments from requiring a permit. For further information about development permits, reference should be made to the attached by-law amendment (pp. 1-4). Page 3 of 9 135 The City of Saint John ZoneSJ Update September 16, 2016 Filling and Excavating of Land On December 9, 2013, Common Council resolved that the issuance of the placing or dumping of fill be referred to the Development Approval Process Review Team (One -Stop Development Shop Team) for inclusion in the project work plan. With the adoption of the new Drainage By-law earlier this year, drainage associated with the filling and excavating of land cannot adversely affect adjacent properties. The proposed Zoning By-law amendment also includes new provisions with respect to the filling of land. Changes to the existing by-law provisions relating to excavating of land' have also be made to complement these new fill provisions. The new fill and excavation provisions introduce regulation that addresses safety and aesthetic concerns by prohibiting steep slopes and requiring landscaping over these areas. For further information about filling and excavating of land, reference should be made to the attached by-law amendment (pp. 40-42). Garden Suites and the Mobile Home Parks By-law A garden suite, sometimes called a granny suite or granny flat, is a self-contained dwelling usually located at the rear of an existing dwelling. The Municipal Plan promotes the inclusion of garden suites in appropriate residential areas inside the Primary Development Area. The new Zoning By-law introduced garden suites for serviced residential properties located within the Primary Development Area containing a one -unit dwelling. In general, the provisions of these secondary uses are similar to the provisions of accessory buildings with respect to setbacks, ground floor, and height. In April 2015, Common Council directed staff to change the Zoning By-law so that garden suites would also be permitted outside of the Primary Development Area. After consultation with the Province on matters relating to on-site servicing, changes to the garden suite provisions have been made allowing these secondary uses anywhere in the community where a one -unit dwelling or a mobile or mini -home is the main use of the lot. For further information about garden suites, reference should be made to the attached by-law amendment (pp. 42-43). Common Council also directed staff to remove from the Mobile Home Parks By-law the section authorizing temporary placement of mobile and mini -homes on lots. While this practice has occurred for a number of years, the new garden suite provisions can now better regulate the need for such residential housing. Therefore, as directed by Common Council, it is recommended that this section of the Mobile Home Parks By-law be repealed. ' Excavating of land is related to permitted excavation in zones other than commercial pits and quarries regulated by the Pit and Quarry (PQ) zone. Page 4 of 9 136 The City of Saint John ZoneSJ Update September 16, 2016 This recommendation is included for convenience only as the Planning Advisory Committee has no jurisdiction in this matter as the Mobile Home Parks By-law has been enacted under the Municipalities Act. Landscaping Securities On February 16, 2015, Common Council adopted the One -Stop Development Shop Final Service Delivery Model options "The Essential Package" and "The Enhanced Compliance Package." Included in the adopted model was a landscaping security deposit program, part of the improved compliance tools of the One -Stop. The landscaping security would represent approximately one hundred and ten percent of the cost of required landscaping for new developments. This security would be returned upon completion of the necessary landscaping by the developer, or be used by the City to complete the necessary landscaping. There were concerns raised by development industry stakeholders with respect to this specific deposit and the potential for it to be cost prohibitive for many projects. The Community Planning Act currently does not provide the same regulation for landscaping securities that certain other provinces possess. In addition, unlike the general permit deposit used by the new Building By-law, a landscaping security would be used to complete required landscaping. Therefore, the security amount must be sufficient to carry out all the required work. Some municipalities have chosen to require applicants to submit landscaping plans and cost estimates prepared by landscaping professionals, whereas others employ their own staff to prepare these cost estimates and inspect the landscaping work. In staff's opinion, more time is needed to assess the impact of the new standards and compliance improvements implemented as part of the One -Stop earlier this spring before introducing further reforms to address landscaping securities. In addition, a modernization of the Community Planning Act is underway and may enable stronger authority for improved compliance tools such as additional securities. As discussed in the February 10, 2015, report considered by Common Council, "A program of enhanced community standards compliance with existing resources will be piloted over a period of two years, with an evaluation of the results of the pilot program brought back to Council late in 2017." It is recommended that staff report back to Common Council by September 30, 2017 concerning the compliance of landscaping required for new development. This will provide the necessary time to determine the effectiveness of the other compliance tools adopted by Common Council for the One -Stop as it relates to landscaping. Modernization & Housekeeping The proposed amendment also modernizes and addresses various housekeeping improvements throughout the Zoning By-law to improve the overall clarity and enhance Page 5 of 9 137 The City of Saint John ZoneSJ Update September 16, 2016 administration. All these changes are described in the attached by-law amendment. The following are some highlights. Schedule A: Zoning Map The zoning of properties is identified on Schedule A: Zoning Map of the Zoning By-law. Major changes to the zoning map were not within the scope of this amendment. However, three specific properties are being proposed to have their zoning changed, as discussed below, to address various housekeeping issues identified during the development of this amendment. (a) 10 Parks Street (PID Nos. 00023564, 00023556, 55018808): These parcels of land are proposed to be rezoned from Mid -Rise Residential (RM) to Neighbourhood Community Facility (CFN). In 1997 Common Council resolved to rezone these parcels from residential to institutional (now community facility) in order to recognize a long -existing parking area associated with the Rocmaura nursing home. Unfortunately, the zoning map was not updated with the adoption of newer zoning by-laws, and as a result, these parcels are currently residentially zoned. (b) 1287 Red Head Road (PID Nos. 55009716 & 55009724): The zoning of these parcels of land is proposed to be changed from Rural Residential (RR) to Rural (RU). On July 3, 2012, Common Council resolved to allow for the permanent placement of a mobile or mini -home on this property, which is only permitted under the proposed Rural (RU) zone. This resolution was not reflected in the zoning for the property that was enacted with the new Zoning By-law. (c) 625 Havelock Street (55227565): This parcel of land is proposed to be rezoned from Park (P) to Neighbourhood Community Facility (CFN). The Province is currently constructing a new school which will replace three other existing schools in West Saint John (Havelock, Seawood, and St. Patrick's). The new zoning will recognize the school as a permitted use. Schedule B: Fees Schedule B: Fees contains the fees associated with the administration of the Zoning By-law. Applications considered by the Planning Advisory Committee have been increased from $250 to $300 (20 percent increase). This is the first increase to this service fee since 2010 and is proposed to keep pace with the costs to deliver these services. In comparison, applications considered by the Planning Advisory Committee in the City of Moncton require an application fee of $450, which is almost double the cost of the proposed new fee. The other notable fee change relates to the new variance tier system. Currently, all variance applications require a service fee of $250. Under the new system, the base cost of Tier 12 and 2 Tier 1 is a variance that varies no greater than 25 percent of a numeric standard contained in the Zoning By-law. Page 6 of 9 138 The City of Saint John ZoneSJ Update September 16, 2016 Tier 23 variances considered by the Development Officer will only cost $50 and $100 respectively. The innovative new variance tier system encourages compliance and streamlines the processing of applications. The proposed fee increases only account for about a quarter of the actual costs in delivering these services and remain comparable with other similar communities in New Brunswick. For further information about service fees, reference should be made to the attached by-law amendment (Schedule B: Fees on p. 58). Conclusion The proposed Zoning By-law amendment is necessary to provide better integration with other recently adopted development by-laws associated with the One -Stop Development Shop. This proposed amendment introduces development permits and addresses resolutions made by Common Council with respect to the filling and excavating of land, garden suites, and the change of zoning on three properties considered housekeeping in nature. The recommendation provides for the adoption of the proposed Zoning By-law amendment, a change to the Mobile Home Parks By-law as previously directed by Common Council, and a referral with respect to landscaping compliance. Staff would further note that ongoing improvements to the Zoning By-law and other related development by-laws will be a key feature of ensuring continuous improvement as part of the One -Stop. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives have been considered. It should be noted that any further changes to the Zoning By-law would require consideration by both the Planning Advisory Committee and Common Council as required by the Community Planning Act. ENGAGEMENT Many of the proposed changes to the Zoning By-law have arisen from the One -Stop Development Shop program. The One -Stop engagement program involved stakeholder interviews, regional visitations to other key municipalities, focus sessions, workshops, and several significant stakeholder events. 3 Tier 2 is a variance that varies greater than 25 percent of a numeric standard, or any non -numeric standard that the Development Officer may grant. Page 7 of 9 139 The City of Saint John ZoneSJ Update September 16, 2016 There will be five advertisements appearing in the Telegraph -Journal with respect to the proposed Zoning By-law amendment. These advertisements will satisfy the requirements of the Community Planning Act and the Municipalities Act. SIGNATURES AND CONTACT Prepared: rNZo1) twAxn Mark O'Hearn, CPT Planning Technologist Reviewed: Approved: Mark Reade, P.Eng., MCIP, RPP Ja ueline Hamilton, MURP, MCIP, RPP Senior Planner Commissioner Contact: Mark O'Hearn Phone: (506) 649-6075 E-mail: mark.ohearn@saintjohn.ca Project: ZoneSJ Update Page 8 of 9 140 The City of Saint John ZoneSJ Update September 16, 2016 APPENDIX By-law No. C.P. 111-35, A Law to Amend the Zoning By -Law of The City of Saint John. Page 9 of 9 141 BY-LAW NO. C.P. 111-35 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: "The Zoning By-law of The City of Saint John" enacted on the fifteenth day of December, A.D. 2014 is hereby amended as follows: 1 Adding immediately after section 1.6 the following words: 1.7 Transition All permits issued under this By-law prior to amendment C.P. 111-35 shall be deemed to be development permits issued pursuant to this By-law with the same terms and conditions as when originally issued.". 2 Deleting subsection 2.10(a) and replacing it with the following words: "(a) A person who seeks to obtain an approval not involving an amendment to this By-law, or a resolution or agreement pursuant to section 39 of the Community Planning Act, or a development permit pursuant to section 2.11, shall submit an application in the form prescribed by the Development Officer and accompanied by a fee in accordance with Schedule B of this By-law. Such application shall also be signed by the registered lot owner or authorized agent thereof.". 3 Deleting section 2.11 and replacing it with the following words: "2.11 Development Permit Approvals (a) No person shall: (i) Change the purpose for which land or a building or structure is used with respect to a main use or a secondary use; or (ii) Allow the use of land, buildings, and structures for a sign pursuant to Part 7 of this By-law; without obtaining a development permit. (b) Notwithstanding paragraph (a), the following developments may be undertaken without obtaining a development permit: (i) An alteration to the interior of a building or structure that does not involve a change of use; (ii) An alteration to the exterior of a building or structure that does not involve an increase in the exterior dimensions or size; M11% (iii) A change of sign copy of a sign provided the sign copy area is not increased; (iv) A sign pursuant to section 7.3; (v) A minor utility service building or structure and pipeline pursuant to section 9.11; (vi) The storage of a recreational vehicle or major recreational equipment pursuant to section 9.15; (vii) A telecommunication tower pursuant to section 9.16; (viii) A temporary construction building or structure pursuant to subsection 9.17(1); (ix) A temporary garden centre pursuant to subsection 9.17(2); (x) A temporary sale of Christmas trees pursuant to subsection 9.17(3); (xi) A temporary special occasion structure pursuant to subsection 9.17(5); (xii) An agricultural use in a P or RU zone except where the agricultural use involves with the keeping of a goat, horse, pony, sheep, or cow, or any combination thereof; (xiii) A stormwater management pond; (xiv) A temporary parking lot and snow lot authorized by The City of Saint John; (xv) A community garden; (xvi) A municipal recreational use; (xvii) A park or playground; (xviii) A public display; (xix) A walking trail; (xx) An accessory building not greater than 10 square metres in gross floor area; and (xxi) Except for a sign pursuant to Part 7 and a swimming pool pursuant to section 5.6, accessory structures such as, but not limited to: (A) A fence pursuant to section 5.2; 2 143 (B) A garbage enclosure pursuant to section 5.4, and (C) Outdoor storage pursuant to section 5.5. (c) The Development Officer shall accept for consideration an application for a development permit when: (i) A completed application, in a form prescribed by the Development Officer, has been received; (ii) The information submitted appears correct and adequate to determine compliance with the standards of this By-law and the Municipal Development Plan; and (iii) The full application fee of $110.00 has been received by the Development Officer, but where the proposed development requires a building permit, no fee shall be required for the development permit. (d) The Development Officer shall not approve any development permit requiring the consideration of the Committee or Council until such consideration is given, and the Development Officer shall attach any terms and conditions imposed by the Committee or Council as conditions of approval of the development permit. (e) No development permit shall be approved by the Development Officer involving a ground sign having a height greater than three metres unless a plan or report that has been dated and bearing the seal and signature of a professional engineer is received by the Development Officer confirming that the proposed ground sign will not impair human health or safety. (f) The Development Officer shall refuse an application for a development permit if the applicant has not within six months of the Development Officer receiving the application become entitled to have the development permit issued. (g) The Development Officer shall issue a development permit for a change of use or sign mentioned in paragraph (a) when the Development Officer has received a completed development permit application which describes a development that complies with the standards of this By-law and the Municipal Development Plan. (h) Where a development permit has been approved by the Development Officer, the applicant may apply to the Development Officer to modify the development permit by providing such additional information as may be necessary by the Development Officer to ascertain whether the revised proposal still complies with the provisions of this By-law and the Municipal Development Plan. (i) A development permit issued under this By-law shall remain valid for a period of one year from the date of issue. Q) When a development permit has expired pursuant to paragraph (i), upon the request of the applicant it may be reinstated by the Development Officer under MIE1! the same terms as the original development permit if the scope has not changed and the change of use or sign, as the case may be, is still permitted under this By-law and the Municipal Development Plan. (k) A development permit shall be revoked where: (i) The development permit was issued on mistaken or false information; or (ii) The development undertaken does not conform or exceeds the scope authorized by the development permit; unless the applicant immediately proceeds to rectify the situation in manner acceptable to the Development Officer.". 4 Deleting section 3.1 and replacing with the following words: "3.1 In this By-law, unless expressly indicated otherwise, words have their ordinary meaning except as otherwise defined by this By-law: "abut" means adjoining and having access thereto directly. "access" means an access, exit, or driveway from a street to a lot. "accessory building" means a building that is incidental, subordinate, and exclusively devoted to the main use, main building, or structure located on the same lot. "accessory or incidental use" means a permitted use in a zone that is incidental to and exclusively devoted to a main use of any land, building, or structure located on the same lot. "accessory structure" means a subordinate structure that is incidental, subordinate and exclusively devoted to the main use, building, or structure located on the same lot. "accommodation" means an establishment that provides lodging for travellers or transients, and includes, but is not limited to, a bed and breakfast, hotel, or motel, but does not include a hostel or rooming house. "active transportation" means modes of transportation that rely on human power rather than machine power, including, but not limited to, walking, jogging, running, cycling, in-line skating, skateboarding, non -mechanized wheel chairing, snowshoeing, and skiing. "Act" means the Community Planning Act, RSNB 1973, c C-12, of the Province of New Brunswick. "adult entertainment facility" means an establishment where service or entertainment appealing to, or designed to appeal to, an erotic or sexual appetite or inclination is provided. "affordable dwelling unit" means a dwelling unit constructed under the Affordable Rental Housing Program of the Province of New Brunswick. Except as otherwise provided by this By-law, an affordable dwelling unit is considered the same as a dwelling unit. "agricultural use" means the cultivation of the soil to produce a crop or the raising of a domestic animal, including, but not limited to, the growing of a crop, an agro-forestry operation, garden, greenhouse, maple syrup production, nursery, orchard, or vineyard, or the keeping and raising of bees, fish, fowl, livestock, or furor wool bearing animals. "air transport facility" means a building or land and associated infrastructure used for aviation, and without limiting the generality of the foregoing, includes an airport, airfield, hangar, aircraft maintenance shop, or flight school. "alter" means to make any change, structural or otherwise, that is not for the purposes of routine maintenance of a building or structure, and includes a change of use. "amenity space" means that part of a lot or building intended and capable of being used privately or commonly for recreation or relaxation, such as, but not limited to, a balcony, courtyard, deck, garden, garden room, gym or fitness room, landscaped area, lounge area, gaming or computer room, movie room, pergola, play area, porch, rooftop deck, swimming pool, or veranda, but does not include a driveway or a parking lot. "animal shelter" means an establishment that provides care and veterinary service to lost, abandoned, or neglected animals. "architect" means a person who is a registered member or licensee of the Architects' Association of New Brunswick authorized to practise architecture in New Brunswick. "artist or craftsperson studio" means an establishment used for creating, finishing, refinishing, or similar production of custom or handmade commodities together with the retailing of such commodities. "asphalt plant" means any use where the production of asphalt takes place and may include the stockpiling and storage of bulk materials and the storage and sale of finished products manufactured on the premises. "attic" means that portion of a building located partly or wholly within the roof of a building. "auction facility" means an establishment that provides for the auctioning and related temporary storage of large equipment, livestock, or motor vehicles. "auction house" means an establishment conducted entirely inside a building that provides for the auctioning and related temporary storage of goods, except large equipment, livestock, or motor vehicles. "auto service drive-thru" means a drive-thru facility designed for the express servicing of vehicles where a person may be permitted to remain in their vehicle, and includes, but is not limited to, a quick -lube or quick -oil change business. "awning sign" means a sign that is incorporated into the material of an awning or canopy. "bakery" means an establishment for preparing, cooking, baking, and selling of products for public consumption. M111.1 "balcony" means a horizontal platform attached to a building above the first storey floor level that is intended for use as an outdoor amenity space. "banquet hall" means a room or building used for hosting a party, banquet, function, reception, or other social event such as a dinner theatre, and may include an area for food preparation. The use may be licensed with a Dining Room or Special Facility Licence under the Liquor Control Act. "bar, lounge, or nightclub bar" means an establishment licensed as a Lounge under the Liquor Control Act where liquor is served to the public, which may include live entertainment as a secondary use. "barrier free parking space" means a parking space designed for the exclusive use of a person with a disability who displays on or in a vehicle a disabled persons identification plate, permit or placard issued under the authority of the Motor Vehicle Act. "basement" means that portion of a building or structure between two floor levels that is underground but has at least one-half of its height above average grade. "bed and breakfast" means any secondary use in a one -unit dwelling where up to five guest rooms are offered for rent to the travelling public for temporary accommodation, which may also include the provision of meals. "bedroom" means an area or room in a dwelling primarily used for the sleeping activities of a person or persons. "berm" means a landscaped artificial mound of earth capable of sustaining vegetation used for visual screening. "bicycle locker" means a locker or box where one or more adult -sized bicycles can be placed and locked inside. "bicycle parking space" means a slot in a bicycle rack or bicycle locker designed to hold one adult -sized bicycle and provides a fixed loop, bar, or other feature to which an adult -sized bicycle may be secured at the bicycle frame by means of a 20.32 -centimetre U lock. "bicycle rack" means a stationary fixture that has been securely anchored to the ground or a permanent structure or a building designed to securely hold adult -sized bicycles. "billboard sign" means a ground sign that displays third -party advertising. "block face" means the main buildings within 90 metres of a lot on the same street. "building" means any roofed structure with solid exterior walls, whether temporary or permanent, designed or used for the accommodation, enclosure, or shelter of an animal, chattel, person, or material. "Building Inspector" means the person appointed by Council as the Building Inspector for The City of Saint John, or any person designated by the Building Inspector to perform a duty on behalf of the Building Inspector with respect to this By-law. [N/ "building line" means any line defining the position of a building or structure on a lot. "building permit" means a permit issued pursuant to the Saint John Building By-law. "bulk fuel storage depot" means a facility for the storage and distribution of petroleum and petrochemical products in bulk quantities, which may include tanker vehicle storage and key lock pumps, but does not include retail sales or processing. "business office" means an establishment where one or more persons are employed in the conduct, direction, or management of an agency, business, brokerage, labour, or fraternal organization, but does not include such uses as an assembly or storage of goods, manufacture, a place of amusement or assembly, or retail sales. "business support service" means an establishment used to provide support to businesses that is characterized by one or more of the following: the use of mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or janitorial services; the provision of office security; the sale, rental, repair, or servicing of office equipment, furniture or machines. Typical business support service establishments include printing, film processing, janitorial firms, or office equipment sales or repair. "car wash" means an establishment for the public where a vehicle is washed within a building or within a permanent structure, but does not include a mobile car wash. "caretaker dwelling" means a dwelling unit for the residence of an individual involved with the maintenance and security of a lot. "carport" means a building or structure without walls on at least two sides used for the parking or storage of a motor vehicle. "catering business" means a home occupation involving the preparation of food and or beverages for consumption elsewhere. "catering service" means an establishment where food and or beverages are prepared inside of a building for consumption elsewhere. "cellar" means that portion of a building between two floor levels that is underground to the extent that more than one-half of its height is below average grade. "cementitious" means of or relating to chemical precipitates, especially of carbonates, having the characteristics of cement, which includes such trademarked products as hardiplank cladding. "cemetery" means any land, building, or structure used for burying or interring the dead, and may include associated building for grounds keeping, equipment storage, or administrative office space. "change of use" means a change of a use of any land, building, or structure, or any combination thereof, to a different use permitted in the zone where such land, building, or structure is located. M111.13 "Chief City Engineer" means the person appointed by Council as the Chief City Engineer for The City of Saint John, or a person designated by the Chief City Engineer to perform a duty on behalf of the Chief City Engineer with respect to this By-law. "city" means the geographical area within the boundaries of the City of Saint John in the County of Saint John in the Province of New Brunswick. "City Solicitor" means the person appointed by Council as the City Solicitor for The City of Saint John, or any person designated by the City Solicitor to perform a duty on behalf of the City Solicitor with respect to this By-law. "Clean Water Act" means the Clean Water Act, SNB 1989, c C-6.1, of the Province of New Brunswick. "clothing maker" means an individual who alters or repairs personal clothing including the manufacture of new articles of clothing for individuals. "cluster townhouse dwelling" means a building abutting a private street that contains three or more dwelling units arranged side by side and vertically separated with each said dwelling unit having an independent exterior entrance. "commercial entertainment" means any use where amusement or entertainment is provided to the public for a fee, such as, but not limited to, an arcade, auditorium for the performing arts, bingo hall, bowling alley, cinema (also see moving pictures), theatre, or other such amusement place, but does not include an adult entertainment facility or a casino. "commercial group" means two or more commercial buildings located on a lot or adjoining lots that have been designed as a unified development with respect to the placement of buildings and any associated accessory buildings or structures, amenity spaces, driveways, landscaping, or parking areas. "commercial parking lot" means a parking lot that is the main use of a lot. "commercial recreation" means an outdoor recreational use such as, but not limited to, boating, golfing, skiing, or swimming, but does not include motor vehicle racing. "commercial use" means any permitted use where the primary purpose is to sell, lease, or rent a product or service directly to the public, including, but not limited to, retail sales, commercial entertainment, or personal or professional services, but does not include any residential use. "commercial vehicle" means a vehicle that is licensed as a commercial vehicle under the Motor Vehicle Act. This would include such non -private passenger vehicles such as, but not limited to, an authorized emergency vehicle, bus, farm tractor, non -repairable vehicle, road tractor, semi - tractor, or taxicab. "commercial zone" means any zone denoted in this By-law as: Uptown Commercial (CU), Waterfront Commercial (CW), Campus Research Commercial (CRC), Business Park Commercial (CBP), Corridor Commercial (CC), Regional Commercial (CR), General Commercial (CG), Mixed [3 Commercial (CM), Local Commercial (CL), Adult Entertainment Commercial (CAE), or Rural General Commercial (CRG). "Committee" means the Planning Advisory Committee of The City of Saint John established by Council. "common wall" means a wall erected along a lot or part -lot boundary partly on the land of one owner and partly on the land of another that provides common support to the structure on both sides of said boundary. "communication facility" means any use of land or building for the production, storage, or dissemination of information or information products, and includes, but is not limited to, a broadcast studio, call centre, publishing or printing facility, telecommunication service, or television service. "community arena" means a facility with seating and change rooms in which sports and other public events are held and may include a food preparation and serving venue. "community centre" means an establishment that provides for non-commercial purposes cultural, educational, recreational, or social activity or event. "community facility zone" means any zone denoted in this By-law as: Neighbourhood Community Facility (CFN) or Major Community Facility (CFM). "community garden" means an area of land that is cultivated by the public for a non-commercial purpose. "community policing office" means an office utilized by members of the police for the purpose of community outreach and education, but does not include any facility for detention. "composting facility' means a waste management facility that produces compost using collected organics. "concrete plant" means any use where the production of concrete or concrete products takes place, and may include the stockpiling or storage of bulk materials or the storage or sale of finished products manufactured on the premises. "conditional use" means a use of any land, building, or structure that is permitted subject to any term or condition imposed by the Committee, and that may be prohibited by the Committee where compliance with an imposed term or condition cannot reasonably be expected. "conference or convention centre" means an establishment where facilities are provided for banquets, conventions, meetings, seminars, social gatherings, trade fairs, workshops, or other similar activities, all of which may be served by dining and or accommodation facilities. "converted dwelling" means a building originally constructed as a one -unit dwelling or two -unit dwelling that has been lawfully converted into a two -unit dwelling or a multiple dwelling. "corner lot" means a lot located at an intersection abutting two or more streets. iIU191 "correctional services" means a facility used forjudicial purposes such as, but not limited to, a courthouse, jail, offender rehabilitation centre, or prison. "Council" means the Common Council of The City of Saint John. "crisis care facility" means an establishment that provides short-term accommodation to a person in crisis requiring immediate lodging and may involve 24-hour supervision and personal support service. "cultural establishment" means any use that provides display, storage, restoration, or an event related to art, literature, music, history, performance, or science, and includes, but is not limited to, an art gallery, archive, auditorium, library, museum, performing arts or interpretive centre, or theatre. "day care centre" means an establishment that provides care and supervision for up to 60 children as regulated by the Family Services Act or the Early Childhood Services Act. "deck" means a horizontal structure above grade intended for use as outdoor amenity space, which may include a railing or privacy lattice along the sides. "density" means, in the case of a residential use, the ratio of dwelling units to one net hectare of lot area, or, in the case of a non-residential use, the ratio of the gross floor area to the lot area. "Department of Environment" means the Department of Environment and Local Government of the Province of New Brunswick. "derelict vehicle" means a non -repairable vehicle as defined by the Motor Vehicle Act. "development" means: (a) The erecting, placing, relocating, removing, demolishing, altering, repairing, or replacing of a building or structure other than utility poles and wires, traffic control devices, pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from the pipeline used for management and administration or housing or storing of moveable equipment or statutory notices; (b) Any change in the purpose for which any land, building, or structure is used; (c) Any excavation of sand, gravel, clay, shale, limestone, or other deposit for a development mentioned in (a) or for purposes of the sale or other commercial use of the material excavated; or (d) The making of land by cutting or filling to a depth in excess of one metre except in the case of laying pipelines defined in the Pipeline Act, 2005. "Development Officer" means the person appointed by Council as the municipal planning director for The City of Saint John, or any person delegated authority by the municipal planning director with respect to this By-law. 10 151 "development permit" means a permit pursuant to this By-law which pertains to: (a) Any change in the purpose for which land or a building or structure is used with respect to a main use or a secondary use; (b) The use of land, buildings, and structures for a sign pursuant to Part 7 of this By-law; or (c) An excavation of sand, gravel, clay, shale, limestone, or other deposit for purposes of the sale or other commercial use of the material excavated pursuant to section 12.4 of this By-law. "directional sign" means a sign directing vehicles or pedestrians to an access or driveway on a lot. "distribution facility means an establishment where goods or items are stored inside a building for a temporary period prior to being loaded onto transport elsewhere. "domestic animal means an animal kept for food, work, or a by-product, but not as a household pet, and includes, but not limited to, a chicken, cow, duck, goat, horse, pig, pony, sheep, or turkey. "drive-thru facility means any accessory use where a service is provided to a person within a motor vehicle, and includes any associated speaker system or small electric message board required for such service. "driveway" means the portion of any lot or parking lot designed or intended to provide vehicular access from a street to a parking space or parking aisle. "dry cleaning depot" means an establishment for the drop-off and pickup of fabrics, textiles, or other clothing articles to be cleaned off-site at a dry cleaning plant. "dwelling" means a building or part of a building designed, occupied, or intended as a home, living quarters, or residence by one or more persons and containing one or more separate dwelling units, but does not include a hostel, hotel, motel, rooming house, supportive facility, or supportive housing. "dwelling group" means two or more buildings containing dwelling units located on a lot or adjoining lots that have been designed as a unified development with respect to the placement of the main buildings and any associated accessory buildings or structures, amenity spaces, driveways, landscaping, or parking areas. "dwelling unit" means one or more habitable rooms designed, occupied, or intended for use by one or more persons as an independent and separate housekeeping establishment where culinary facilities are restricted to one kitchen and sanitary and sleeping facilities are provided for the exclusive use of such person or persons, but does not include hostel, rooming house, supportive housing, or supportive facility. "emergency services facility" means a facility used by fire protection, police, ambulance, or other such emergency service as a base of operations, but shall exclude a Community Police Office. 11 `M "engineering drawing" means a plan stamped, signed, and dated by a Professional Engineer. "entrance identification sign" means a sign that is placed over an entrance of a building or structure identifying such entrance or a service area, and may include the logo or name of the business or organization to which the entrance provides access. "equestrian facility" means an establishment that provides boarding of horses or the training of horses and their riders, or both, and may include the staging of equestrian events. "erect" means to assemble, build, construct, or relocate a building or structure, and includes any associated activity. "excavating of land" means the making of land by cutting or digging in excess of one metre, except in the case of laying pipelines. "exhibition grounds" means any use of land or building on a seasonal or temporary basis for entertainment, display, performance, market, auction, fair, or other similar community events, and may include a year round track for horseracing. "existing" means lawfully in existence on the date By-law No. C.P. 110, The Zoning By-law of The City of Saint John, and amendments thereto, was repealed. "existing use" means a use lawfully in existence on the date By-law No. C.P. 110, The Zoning By- law of The City of Saint John, and amendments thereto, was repealed. "farmers market" means an establishment where local farm products, which may also include other foods, beverages, or arts and crafts, are sold to the public by a group of retailers from within a building or outside of a building. "filling of land" means the making of land by adding or filling in excess of one metre, except in the case of laying pipelines. "financial service" means an establishment where money is deposited, retained, loaned, exchanged, or managed, and includes, but not limited to, a bank, credit union, or trust company. "fishery" means any use of land, building, or structure where fishery resources are cultivated, managed, or harvested, but does not include manufacturing or processing of such products. "flankage lot line" means a side lot line abutting a street on a corner lot. "flankage yard" means the side yard of a corner lot abutting a street. "fleet service" means a development using a fleet of vehicles for the delivery of people, goods, or services where such vehicles are not available for sale or long-term lease. This use includes ambulance services, taxi services, bus lines, or messenger and courier services, but does not include moving or cartage firms involving trucks with a gross vehicle weight of more than 3,000 kilograms. 12 `V "forestry use" means any use of land, building, or structure where timber resources of any cumulative ground area are cultivated, managed, or harvested, but does not include manufacturing or processing of such products. "front lot line" means the lot boundary line of an interior lot abutting a street, or in the case of a corner lot the shorter boundary line abutting a street with the longer boundary line abutting a street being the flankage lot line, but if both boundary lines are of equal length then the boundary line directly across from the principal entrance of the main building or structure on the lot, or in the case where a lot does not abut a street, the boundary line abutting any other access that provides access will be the front lot line. "front yard" means a yard extending across the full width of a lot between the front lot line and the nearest point of the wall of a main building or structure on the lot. "funeral service" means an establishment that provides the preparation of the dead for interment or cremation and the holding of a memorial service, and may include the accessory sale and storage of caskets, urns, and other related funeral items. An associated chapel or crematorium are permitted as secondary uses. "future street" means an area of City -owned land that may later be improved to become a Public Street. "garage" means an accessory building or part of a main building or structure capable of being used for the storage of a motor vehicle. "garden centre" means any use of land, building, or structure for the display and sale of plants, gardening, or landscaping equipment or supplies. "garden suite" means any secondary use to a one -unit dwelling or a mobile or mini -home where another dwelling unit is established in a separate building on the same lot. "general contractor service" means an establishment related to building construction, concrete installation, drilling, electrical, excavation, heating, landscaping, paving, plumbing, road construction, sewer, or similar service of a construction nature, which requires on-site storage area for materials, construction equipment, or vehicles normally associated with a contractor service. The use may also include related sales, a display office, or technical support service area provided it is secondary or accessory to the main use. "good faith" means the unintentional action of a sincere person as determined by the Development Officer. "government or utility works depot" means a facility used by a level of government or public utility company concerning the maintenance, operation, and storage of equipment, material, fleet service, and includes associated office and supportive amenities. "grade" means the finished level of the ground at the exterior walls of a building or structure excluding localized depressions such as a pedestrian or vehicle entrance. 13 W1511 "grocery store" means an establishment where fresh and packaged food and household items are sold, and may include a secondary use provided: (a) The total floor area of all secondary uses do not exceed 20 percent of the gross floor area of the building or portion of the building where the grocery store is located; and (b) Direct customer access inside the building is maintained between the grocery store and the secondary use. "gross floor area" means the total of all floor areas of a building or structure above and below grade measured between the exterior faces of the exterior walls of the building at each floor level, but does not include any area designed for parking. "ground floor area" means the gross floor area of the first storey of a building located at or above grade. "ground sign" means a sign structure that is permanently attached to the ground and supported by one or more posts or other similar means. "guest room" means a room of a bed and breakfast establishment that contains no cooking appliances or equipment. "habitable room" means the space within a dwelling unit where living functions are normally conducted and may include a bathroom, den, dining room, kitchen, living room, recreation room, but does not include a carport, deck, garage, porch, veranda, unfinished attic, unfinished basement, or cellar. "harbour facility" means any land, building, or structure that is part of a port use. "health and fitness facility" mean an establishment providing health, fitness, and recreational activities, such as, but not limited to, boxing, dancing, gymnastics, martial arts, weightlifting, yoga, or other forms of physical exercise. This use may also include the incidental sale of health and fitness merchandise. "health services laboratory" means an establishment where bio -medical samples are tested, medical research is conducted, or medical and or dental aids, devices, or prostheses are serviced. "heavy equipment sales and rental" means an establishment where construction or industrial equipment and vehicles are rented and or sold to the public including, but not limited to, backhoes, bulldozers, excavators, farm or forestry equipment, or trucks or trailers. The use may also include the maintenance of such equipment and vehicles. "heavy industrial use" means any use of land, building, or structure for any of the following: (a) A "volatile industrial use" where the type of material used, produced, or stored and or the type of manufacturing process involved may be harmful or detrimental to a person's health and or property due to the potential of fire, explosion, or the accidental release of toxic gases, fumes, or otherwise, and without limiting the generality of the foregoing, shall 14 `P191 include, but not be limited to, a chemical plant, crude import, and or export terminal, fertilizer manufacture and storage, liquefied natural gas terminal, petro -chemical plant, or petroleum refinery, but not a nuclear power plant, nuclear storage facility, or a nuclear enrichment plant; and (b) An "offensive industrial use" where the type of manufacturing process involved or the type of material used, produced, or stored may cause a dangerous gas or fume, dust, objectionable odour, noise or vibration, or the unsightly storage of goods, wares, merchandise, salvage, junk, waste, or other material to a condition that could be hazardous or injurious as regards to a person's health or safety, or which prejudices the character of the surrounding neighbourhood, or could interfere with the normal enjoyment of any land, building, or structure, and shall include, but not be limited to, a brewery, pulp and paper mill, or a scrap or salvage yard. "height" means the vertical distance from average grade to the highest point of a building or structure, but does not include anything excluded by this By-law with respect to height. "highway" means a thoroughfare suitable for the passage of motor vehicles built and maintained by, or under the supervision of, the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation, or a project company, whether or not such highway lies within the geographical boundaries of the city. "home day care" means any secondary use where the occupant provides care and supervision for up to five children as regulated by the Family Services Act or the Early Childhood Services Act. "home occupation" means a secondary use in a portion of a dwelling unit where a home business is conducted by the occupant of the dwelling unit. "hospital" means a facility that provides short or long term medical and health care, and includes overnight stays, surgery, laboratory, or diagnostic services for treating human illness, disease, and injury. "hostel" means an establishment where temporary lodging is provided for individual travellers or transients in a shared or dormitory style room, but does not include a hotel, motel, or rooming house. "hotel" means an establishment where temporary lodging is provided for travellers or transients in independent living quarters, and may include a public dining room and convention room, but does not include a hostel or rooming house. "household contractor service" means an establishment that provides electrical, heating, painting, plumbing, or similar small-scale contractor service primarily to individual households, and includes the accessory sale of goods provided all materials are kept within an enclosed building and there is no manufacturing involved. "household service and repair" means an establishment where household items such as furniture, electronic equipment, or appliances are repaired or serviced, and may include the ancillary sale 15 `PV of products associated with the service provided, however, this use does not include services that require the use of solvents or industrial processes. "illuminated sign" means a sign lighted from within the sign structure or by a light shining externally upon the sign, but does not include a sign that is intermittently illuminated. "incidental vehicle sales" means the sale of up to five vehicles on a developed site that is accessory or incidental to a permitted main use. "industrial service and repair" means an establishment where equipment, machines or goods, but not including motor vehicles, are repaired, serviced, or maintained, and may include the ancillary sale of products associated with the service provided. "industrial zone" means any zone denoted in this By-law as: Light Industrial (IL), Medium Industrial (IM), Heavy Industrial (IH), Pit and Quarry (PQ), Transportation (T), Utility Service (US), or Utility Service Landfill (USL). "instructional service" means an establishment where instruction or training in an art, hobby, sport, or other recreational activity is provided including, but not limited to, visual arts, crafts, dance, martial arts, or music. "intensification area" means the area within the Primary Development Area intended to develop with the highest concentration of land uses in the City as defined by the Municipal Development Plan and depicted on the Future Land Use Map (Schedule B) of the Plan. "interior lot" means a lot other than a corner lot. "intermittently illuminated sign" means a lighted sign where the sign copy is displayed at intervals, including, but not limited to, electronic or digital signs. "interpretation centre" means an establishment to communicate to public the meaning or significance of an area, feature, settlement, or site concerning its cultural, historic, natural, or social importance for a non-commercial purpose. "kennel" means a building or structure used for the enclosure of animals kept for a commercial purpose, and may include premises used for the breeding, raising, training, sheltering, or boarding, or the overnight accommodation of dogs, cats, or other household pets, but shall not include a veterinary clinic. "land for public purposes" means an area of land to be used for recreation or other use or enjoyment of the general public and includes: (a) An access to a lake, river, stream, sea, or other body of water; (b) A beach or scenic area along the shore of a lake, river, stream, sea, or other body of water; (c) A conservation area; 16 `RYA (d) Land adjoining a school, for joint recreational purposes; (e) Land for a community hall, public library, recreational use, or other similar community facility; (f) Open space, to provide air and light, to afford a view to or from a development or to a lake, river, stream, sea, or other body of water, or for other purposes; (g) A park, green belt or buffer area dividing developments, parts of a highway or a development and a highway; (h) A pedestrian way to a school, shopping centre, recreational area, or other facility; (i) A protection area for a watercourse, stream, marsh, water supply lake, or other body of water; Q) A public park, playground, or other recreational use; (k) A visual feature; or (1) A wooded area, slope area, or a site giving view to a scenic area to provide diversity. "landfill" means any use where waste, including recyclables and organics, is collected, stored and or treated permanently in open or covered pits, or temporarily inside or outside a building for further processing or treatment, and may include on-site administrative functions associated with such use. "land surveyor" means a member in good standing with the Association of New Brunswick Land Surveyors authorized under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick. "landscape architect" means a person who is a registered member or licensee of the Architects' Association of New Brunswick authorized to practise architecture in New Brunswick. "landscape material supply" means any use conducted primarily outside of a building where precast concrete products, paver, stone, gravel, soils, or other aggregates are stored and sold, and may include the ancillary sale or rental of related goods and materials. "landscaping" means that part of a lot developed for beautification or visual improvement, such as, but not limited to, an artwork, beach, berm, fence, fountain, lawn, path, patio, pond, retaining wall, shrub, screen, tree, walkway, wall, or natural rock or treed area, but does not include any space beneath, within or on top of a building or an access, driveway, lane, parking area, or ramp. "lane" means a thoroughfare suitable for the passage of motor vehicles not intended for use by the general public that serves as a secondary access to lots. "large recreational vehicle sales and service" means the use of any land, building, or structure for the display and sale of travel trailers, recreational vehicles and or power boats or other similar large-scale outdoor recreational equipment including, but not be limited to, the servicing, repair, 17 cleaning, painting, and or polishing of such vehicles and their transport -trailers, and the sale of accessories and related products and the leasing or renting of such vehicles. "library" means an establishment containing printed, electronic, and or pictorial material for public use in study, reference, or recreation. "light equipment sales and rental" means an establishment within a building where common residential, commercial, and or industrial equipment is rented and or sold to the public including, but not limited to, construction tools, lawn or garden equipment, power tools, or trades tools. The establishment may also include the maintenance of such equipment. "light industrial use" means any use of land, building, or structure involving a manufacturing process whether or not a finished article is produced, and may include the repairing and or servicing of a vehicle, machinery, or building where the manufacturing process occurs or the material is used or stored, and the transportation of material, goods, or commodities to and from the premises that will not cause injury to or prejudicially affect the amenity of the locality by reason of the following restrictions: (a) Water usage being restricted to employee washrooms, indirect cooling and pressure testing of equipment, cleaning of vehicles and or equipment, and similar uses ancillary to the manufacturing process; (b) No effluent discharge or contaminant which may contribute to the biological, chemical, physical, or aesthetic pollution of land, water, and or air; and (c) No manufacturing processes or activities, other than outdoor storage, parking, and loading, shall take place outside of a building. "liquefied natural gas terminal" means a terminal used for the import and or export of liquefied natural gas and associated uses. "lot" means a parcel of land, or two or more adjoining parcels of land held by the same owner and used or intended to be used as the site for a main building or structure along with any associated accessory building or structure, amenity space, driveway, landscaping, or parking area, whether or not such lot is shown on a registered subdivision plan, or is the subject matter of a separate deed, or a separate description in a deed. "lot area" means the total horizontal area within the boundary lines of a lot, or the combined total horizontal area within the boundary lines of all part -lots associated with a semi-detached dwelling or townhouse dwelling. "lot depth" means the horizontal distance between the front lot line and rear lot line, but if the front lot line and rear lot line are not parallel, lot depth means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line, but if there is no rear lot line, Lot depth means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines. "lot frontage" means the horizontal distance between the side lot lines of an interior lot as measured along the front lot line, or the horizontal distance between the side lot line and a 18 hypothetical point of intersection of the front lot line and flankage lot line of a corner lot determined by extension of a straight line. "lot line" means a common boundary line between a lot and another parcel of land, street or other such access, body of water, or any combination thereof. "lot occupancy" means that percentage of a lot that is permitted to be covered by buildings and structures, but does not include any part of a building or structure that is completely below grade, and for the purpose of this By-law the maximum lot coverage in each zone shall be deemed to only apply to that portion of such lot that is within that zone. "main building" means one or more buildings intended to accommodate the main use permitted on a lot. "main structure" means a structure intended to accommodate the main use or uses permitted on a lot. "main use" means a permitted use in a zone that is the primary purpose of any land, building, or structure located on a lot. "major recreational equipment" includes, but is not limited to, a boat, boat trailer, chassis mounted camper, motorized home, slide -in camper, tent trailer, or travel trailer. "major utility distribution structure" means any above ground building or structure which is used for the provision and operation of energy, municipal water, sanitary sewage system, or telecommunication service for public consumption, benefit, or use, but does not include a minor utility service building or structure. "massage parlour" means an establishment where for any form of consideration massage is administered to the human body for sexual pleasure. "medical clinic" means an establishment where human health services are provided through diagnostic, therapeutic, preventative, or rehabilitative treatment, but does not include any overnight accommodation of a patient. A medical clinic includes, but is not limited to, an acupuncturist, athletic therapist, chiropodist or podiatrist, chiropractor, dental provider, massage therapist, naturopath, osteopath, physician, physiotherapist, psychologist, social worker, speech therapist, or vision care provider. "medium industrial use" means an industrial use other than a Light Industrial Use, a Heavy Industrial Use, or a Special Industrial Use, which may involve outdoor storage or activities, but where any nuisance or risk factor generally does not extend beyond the boundaries of the lot. "message duration" means the period that sign copy is displayed. "message transition" means the period between the changing of sign copy. "microbrewery" means an establishment that manufactures beer, wine, or spirits, or a combination thereof, in the following quantities per calendar year: 19 `D ] (a) No more than 500,000 litres of beer; (b) No more than 100,000 litres of wine; or (c) No more than 75,000 litres of spirits. "minor utility service building or structure" means any overhead, surface, or underground building, facility, or structure owned by The City of Saint John or a public utility for the delivery of electricity, natural gas, municipal water, municipal sanitary sewer, municipal storm sewer, or telecommunications, including, but not limited to, the following: (a) Communications devices; (b) Distribution or transmission lines, poles including overhead wires and associated hardware or anchoring devices; (c) Small surface mounted enclosures; (d) Underground pipe systems; (e) Underground wires; or (f) Water booster stations, pumping stations, or sewage lift stations, but does not include an electrical substation, wastewater treatment facility, water tank, or water treatment plant. "mobile car wash" means an establishment or business that offers vehicle cleaning services that does not involve a building or permanent structure. "mobile home park" means a lot containing two or more mobile or mini -homes abutting a private street. "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. "model home sales centre" means any use where model and show homes are displayed for sales purposes for construction off-site. "motel' means an establishment where temporary lodging is provided for travellers or transients in independent living quarters, and may include a public dining room and convention room, but does not include a hostel or rooming house. 20 `N ,'moving pictures" is a land use term believed to have been included in all the zoning by-laws that have been enacted for The City of Saint John, Canada's oldest incorporated city, since beginning its planning program back in 1945. Today, this land use would be the equivalent to a cinema, which is a permitted Commercial Entertainment use in this By-law. ,'moving services" means an establishment that uses a fleet of trucks and or trailers for the pickup and delivery of personal goods, and may include moving or cartage firms involving trucks with a gross vehicle weight of more than 3,000 kilograms. ,'multiple dwelling" means a building containing three or more dwelling units and includes a converted dwelling, but not a townhouse dwelling. "Municipal Development Plan" means The City of Saint John's Municipal Development Plan, as adopted and amended by Council from time to time. ,'municipal recreation use" means any use involving a public recreational facility maintained or operated by The City of Saint John, and includes, but is not limited to, a basketball court, or tennis court, park, playground, sports field, or swimming pool. ,'municipal sanitary sewer" means the existing or proposed sanitary sewer system of The City of Saint John, or the existing or proposed combined sanitary sewer system and storm sewer system of The City of Saint John. ,'municipal storm sewer" means the existing or proposed storm sewer system of The City of Saint John. ,'municipal water" means the existing or proposed water system of The City of Saint John. "neighbourhood day care" means any secondary use where the occupant provides care and supervision for six to 15 children as regulated by the Family Services Act or the Early Childhood Services Act. "neighbourhood identification sign" means a ground sign that identifies a residential neighbourhood or subdivision. "nightclub" means an establishment where entertainment is provided in the form of a dance floor, stage, live performance, or recorded music and includes the sale and consumption of alcohol to the public but where minors are not permitted on the premises unless accompanied by a legal guardian. A nightclub may also include the sale and consumption of food to the public. "nit" means a unit of illuminative brightness equal to one candela for each square metre measured perpendicular to the rays of the source. "non -conforming use" means a use of any land, building, or structure that is not permitted by this By-law but allowed to continue if such use legally existed on the day this By-law was enacted. "one -unit dwelling" means a detached dwelling containing one dwelling unit or one dwelling unit with a secondary suite, but does not include a mobile or mini -home, motor home, or travel trailer. 21 `"M "on-site sewage disposal system" means a septic tank with a subsurface disposal field, or all other such systems that are not connected to a wastewater treatment facility approved by the Minister of Environment and Local Government under the Clean Water Act. "other zone" means any zone denoted in this By-law as: Park (P), Environmental Protection (EP), Integrated Development (ID), Future Development (FD), Rural (RU), or a Special Zone. "outdoor display area" means an area for the display of retail goods or materials intended for the immediate sale to the public that is situated outside of a building. "outdoor storage" means the storage of equipment, goods, inventory, materials, merchandise, or other items by locating them on a lot outside of a building, but does not include the storage of garbage, or the display of goods for sale to the public from a commercial business on the same lot. "park or playground" means a lot or parcel of land containing a public park or playground for a non-commercial purpose. "parking aisle" means the area within a parking lot that is used or intended to be used for internal vehicular circulation or manoeuvring and provides direct access to one or more parking spaces, but does not include any portion of a driveway. "parking lot" means an area of land on a lot for the parking of vehicles and includes any adjoining access or driveway. "parking space" means an area reserved for the parking of an individual vehicle often referred to as a stall, but does not include any part of a parking aisle or driveway. "parking structure" means a building or structure containing parking spaces for the parking of vehicles. "part -lot" means the individual parcel of land of a dwelling unit of a semi-detached dwelling, townhouse dwelling, or cluster townhouse whose lot line is located where separation is provided by a common wall. "patio" means an uncovered horizontal structure intended for use as an outdoor amenity space where the surface height is less than sixty centimetres above grade. "paved surface" means a paved area or surface consisting of asphalt, concrete, brick pavers, or any combination thereof. "permitted use" means a main, secondary, accessory, and conditional use permitted in a zone. "person" shall mean any agent or trustee, association, corporation, firm, human being, partnership, and the executors, heirs or other legal representatives of a person to whom the context can apply according to law. "personal service" means an establishment providing clothes cleaning or personal grooming service such as, but not limited to, an aesthetician, barbershop, beauty salon, clothes alteration, 22 `W repair, or manufacture for individuals, dry cleaning depot or shop, hairdresser, laundry service, shoeshine, or shoe repair, but excludes the fabrication or manufacturing of goods for retail or wholesale distribution. A personal service may also include an establishment providing pet grooming. "pet grooming" means an establishment where animals are groomed and washed and may include the ancillary sale of products related to this service, but does not include any associated outdoor kennel or overnight accommodation. "pipeline" means pipes and installations regulated by the Pipeline Act, 2005 of the Province of New Brunswick for the transmission of oil, gas, minerals, or fluids from an oil or gas well, or water or effluent used or produced in connection with an oil or gas well or the manufacture of oil or gas. "pit" means a place where unconsolidated metallic mineral or mineral bearing substance, rock, earth, clay, sand, or gravel has been or is being removed by means of an open excavation in order to supply it for construction, industrial, and or manufacturing purpose. "place of worship" means an establishment where people gather for religious or spiritual purpose and may include secondary uses such as, but not limited to, childcare, social, administrative, or food preparation activities. "planner" means an individual who is entitled to use the appellation MCIP or FCIP under the by- laws of the Canadian Institute of Planners. "point-of-purchase sign" means a sign that is usually not visible from a street that is intended to advertise goods available for sale from a building on a lot, including, but not limited to, a take-out menu board for a restaurant. "porch" means a roofed structure attached to the exterior of a building with walls that are open and unenclosed to the extent of at least 50 percent between the floor and ceiling, notwithstanding such open and unenclosed area may be covered by insect screening. "Primary Development Area" means the area generally corresponding to that portion of the City served by municipal water, municipal sanitary sewer, and municipal storm sewer as defined by the Municipal Development Plan and shown on the Future Land Use Map, Schedule B, of said Plan. "private club" means an establishment where people gather for social, literary, cultural, political, educational, and or recreational purpose operated for the exclusive use of its members and their guests, and may include food preparation, seating areas, and meeting rooms. A private club may be licensed with a Club License under the Liquor Control Act. "private street" means a thoroughfare not owned by The City of Saint John suitable for the passage of motor vehicles. "professional engineer" means a member in good standing with the Association of Professional Engineers and Geoscientists of New Brunswick and registered or licensed to practice engineering in the Province of New Brunswick. 23 `M:�1 "progressive rehabilitation" means rehabilitation of an excavation site undertaken sequentially, and within a reasonable period as deemed by the Development Officer, in accordance with the provisions of this By-law and the conditions of any development permit associated with such excavation. "projecting wall sign" means a sign structure attached to a building or structure that projects more than 0.5 metres but less than three metres from the main wall of the building or structure. "public display" means a structure for non-commercial purposes that provides information to the public concerning the meaning or significance of an area, feature, settlement, or site concerning its cultural, historic, natural, or social importance. "public street" means a thoroughfare owned by The City of Saint John suitable for the passage of motor vehicles. "public transit sign" means a sign attached to a public transit shelter or affixed to a transit bus. "public utility" means any person owning, operating, managing, or controlling an undertaking for the supply of electricity, gas, telephone, or other telecommunications. "public water supply" means a surface or well water supply used for public consumption. "quarry" means a place where consolidated rock has been or is being removed by means of an open excavation in order to supply material for construction, industrial, and or manufacturing purpose and includes an open pit mine. "race track" means an establishment where animals and non -motorized vehicles are in competition against each other or against time and includes seating for spectators and may involve gambling on the racing activity. "real estate sign" means a sign advertising the sale, rent, or lease of a premise on the lot where the sign is located. "rear lot line" means, when a lot has four or more lot lines, the lot line farthest from and opposite to the front lot line. "rear yard" means a yard extending across the full width of a lot between the rear lot line and nearest wall of a main building or structure on the lot. "recreation facility" means: (a) An establishment within a building designed for athletic activities, including, but not limited to, health and fitness, skating, or swimming, and may include within the same building secondary uses such as, but not limited to, childcare, food service, medical office, or personal service; or (b) An establishment where land is used for non -motorized outdoor sports or athletic activities, including, but not limited to, a change room, shower, or washroom facility. 24 `M "recreational use" means the use of any land, building, or structure for an athletic field, boat and or yacht club, golf course, indoor and or outdoor skating rink, lawn bowling green, park, picnic area, playground, swimming pool, tennis court, or other similar use, including an accessory building and or structure, but does not include commercial camping grounds, or a track for the racing of animals or any motorized vehicle. "recreational vehicle" means a vehicle or major equipment intended for recreational use such as, but not limited to, a boat, boat trailer, chassis mounted camper, motorized home, slide -in camper, tent trailer, or travel trailer. "recycling bins" means unattended containers for the collection and temporary storage of household recyclable items such as, but limited to, cardboard, paper, plastic, or metal. "recycling facility" means an establishment involved in the storage, sorting, or processing of scrap paper, bottle, rags, or metal, but does not include a scrap or salvage yard. "redemption centre" means an establishment where bottles, cans, or other beverage containers are received from the public for reimbursement of the containers deposit, and where all recycling facility activities occur within a building. "regional commercial centre" means a lot or commercial group containing one or more commercial buildings having a total gross floor area of 3,000 square metres or more which contains one or more of the following uses intended to serve the shopping needs of the Saint John region: Artist or Craftsperson Studio, Bakery, Bar, Lounge, or Nightclub, Business Office, Commercial Entertainment, Community Centre, Community Policing Office, Day Care Centre, Financial Services, Funeral Services, Grocery Store, Health and Fitness Facility, Library, Medical Clinic, Personal Service, Pet Grooming, Recycling Bins, Restaurant, Retail General, Retail Warehouse, Service and Repair, Household, Technical or Vocational School, or Veterinary Clinic. "registration" means the performance of filing a subdivision plan, plan of survey, or other document that has been endorsed by the Development Officer at the Saint John Registry Office. "rehabilitation" means when land that has been excavated for aggregate extraction has been: (a) Restored to its former use or condition; or (b) Changed to a permitted use or condition that either is, or will become, compatible with the adjacent lots. "rehabilitation centre" means an establishment where persons with alcohol, drug, or similar addictions live under the care and supervision of health and counselling professionals. "required yard" means a yard with the minimum front yard depth, rear yard depth or side yard width required by the provisions of this By-law. "research and development facility" means an establishment where scientific research, investigation, testing, or experimentation takes place within a building for the development of advanced information technology, prototypes, or manufacturing of advanced technology products, and includes a wide variety of secondary uses relating to the operation such as, but not limited to, 25 conference facility, food service, health and wellness, laboratory, meeting facility, printing service, professional and or legal service, technical consulting, training facility, or other similar facilities. "residential zone" means any zone denoted in this By-law as: Urban Centre Residential (RC), High -Rise Residential (RH), Mid -Rise Residential (RM), Low -Rise Residential (RL), Two -Unit Residential (R2), One -Unit Residential (R1), Suburban Residential (RSS), Mini -Home Park Residential (RP), Rural Settlement Residential (RS), or Rural Residential (RR). "restaurant" means an establishment where food is prepared and offered for sale to the public for consumption on-site or off-site, and may include a dinner theatre or a catering service. A restaurant may be licensed with a Dining Room or Lounge license under the Liquor Control Act. "retail convenience" means an establishment where goods, wares, merchandise, substances, articles, or things are offered for sale to local area residents or employees on a daily basis at retail or wholesale value including, but not limited to, confectionery, groceries, hardware, non- alcoholic beverages, personal care items, pharmaceutical, printed material, or tobacco. "retail general" means the sale of goods, wares, merchandise, substances, articles, or things to the public and may include the accessory storage and servicing of such items. "retail warehouse" means an establishment where goods requiring a large display floor area are sold to the public such as, but not limited to, building material, furniture, major appliances, or wholesale retail outlets. "roof sign" means a sign structure attached on top of the roof cornice of a building or structure. "rooming house" means an establishment where lodging is provided for an individual in either a private or shared bedroom that is served by a common kitchen and bathroom, but does not include a bed and breakfast, hostel, hotel, or motel. "Saint John Building By-law" means A By-law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John, as adopted and amended by Council from time to time. "school (9-12)" means a facility where students are taught the curriculum of one or more grade levels between nine to 12 in accordance with the Education Act, and may include before and after school programs and necessary accessory or secondary uses such as, but not limited to, administration, athletics, food, or library service. "school (K-8)" means a facility where students are taught the curriculum of one or more grade levels between kindergarten to eight in accordance with the Education Act, and may include before and after school programs and necessary accessory or secondary uses such as, but not limited to, administration, athletics, food, or library service. "scrap or salvage yard" means any use of land or building for the storage, wrecking, disassembling, refurbishing, or handling of goods, machinery, or motor vehicles, and may include a recycling facility, the sale of salvaged materials, or outdoor storage. 26 `ff- A "secondary suite" means a secondary use to a one -unit dwelling where an additional small dwelling unit is established within the building. "secondary use" means a permitted use in a zone that is secondary to a main use of any land, building, or structure. "security" means any form of security acceptable to the City Solicitor, including, but not limited to, cash, performance bonds, or standby letters of credit. "self -storage facility" means an establishment where goods or personal items are stored inside separate compartments within a building each having separate exterior access or separate access through a common hallway. "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. "service station" means an establishment where fuel or lubricants are offered for sale, and may include minor automobile repair or maintenance, sale of convenience items, or a car wash inside a building or structure, but shall not include a vehicle repair garage, a vehicle body and paint shop, vehicle sales and leasing, or a vehicle rental use. "side lot line" means a lot line other than a front lot line, flankage lot line, or rear lot line. "side yard" means a yard extending between the front and rear yard between a side lot line and the nearest wall of a main building or structure on the lot. "sign" means any public display of advertisement, billboard, placard, or other form or means or device whatsoever of public announcement or notice whether erected, painted, or pasted, but does not include such display when inside a building or affixed to the inside of a glass door or window of a building. "sign copy" means any colour, graphic, logo, image, message, numeral, picture, symbol, text, or word, or any combination thereof, displayed on a sign face. "sign face" means the surface of a sign upon, against or through which the sign face area is displayed including any frame or border and any writing, emblem, logo, or other display representative of the name of the development or identifying the site owner or manager. "sign face area" means the total area in which the sign copy is located. The sign face area shall be considered the area of the smallest rectangle, triangle, or circle that can totally circumscribe the sign face in the plane of its largest dimension on each surface of the sign structure. "sign height" means in the case of a ground sign, the vertical distance from grade to the top of the highest part of the sign including any supporting framework or bracing, or in the case of a wall sign or projecting wall sign, the vertical distance from the bottom of the sign structure to the top of the sign structure inclusive of any frame or border. 27 "similar or compatible use" means a use of land or building that is otherwise not permitted in a zone but has been authorized by the Committee, subject to any imposed term or condition, as being sufficiently similar to or compatible with a permitted use in that zone. "small recreational vehicle sales and service" means the use of any land, building, or structure for the display and retail sale of non -motorized watercraft, all -terrain vehicles, snowmobiles, or other similar small-scale outdoor recreational equipment including, but not limited to, the servicing, repair, cleaning, painting, and or polishing of such vehicles and their transport -trailers, and the sale of accessories and related products and the leasing or renting of such vehicles. "snow lot" means the use of a lot or portion thereof to temporarily store snow which has been transported from another lot. "special event" means a community event of a charitable nature that includes, but not limited to, a peaceful demonstration, parade, run, or walk. "special industrial use" means an industrial use principally for one or more of the following: (a) The manufacture or assembly of products using innovative or advanced technology where substantial value is created or added to the product through the process of its manufacture or assembly; (b) Research and development uses where innovative or advanced technologies are employed; and (c) Any indoor display office, technical, administrative or employee support area, or the storage, shipment, or distribution of the product, shall be considered accessory to any Special Industrial Use, but does not include industrial uses that process raw or petrochemical materials. "split-level" means a dwelling of which some portion is more than one storey in height, and in which there are three or more floor levels with adjoining levels having a difference in elevation of less than 2.1 metres. "sports and entertainment facility" means an indoor or outdoor facility used for entertainment purposes such as, but not limited to, sporting events, concerts, or exhibitions, and may include accessory food or beverage services. "storey' means that portion of a building that is located between the top of any floor and the top of the next floor above it, but if there is no floor above it the portion between the top of such floor and the ceiling above. "stormwater management pond" means a pond that has been constructed in accordance with an engineering drawing approved by the Chief City Engineer designed to collect and detain or retain stormwater on a lot or other parcel of land. "street" means a public street or private street. 28 "street line" means the boundary line of a street right-of-way that forms the dividing line between a street and a lot. "structure" means anything erected or constructed upon, under, or above the ground, or anything attached to something located upon, under, or above the ground other than a building. "subdivision plan" means a subdivision plan prepared in accordance with the provisions of The Subdivision By-law of The City of Saint John that is acceptable for registration in the Saint John Registry Office. "supportive facility" means: (a) An establishment licensed or approved by a government agency that provides care and or supervision to residents on a 24-hour basis by professional staff; or (b) An establishment devoted to retired residents where common amenities and services, including communal dining, are provided exclusively to such senior residents. "supportive housing" means an establishment licensed or approved by a government agency that provides care and or supervision on a 24-hour basis by professional staff to a maximum of nine residents under the age of nineteen, or to a maximum of nine residents of any age pursuant to the Family Services Act, but not both. "swimming pool" means an artificial body of water used for swimming and related activities that is capable of containing a depth of water greater than one metre, but does not include a stormwater management pond, a watercourse, or a natural body of water. "technical or vocational school" means a facility where students are taught the curriculum and or provided training or certification concerning a specific trade, service, or skill, and may include necessary accessory or secondary uses such as, but not limited to, administration, athletics, food service, or research. "telecommunication tower" means any type of tower or facility regulated by the federal Telecommunication Act, Radiocommunication Act, or Broadcasting Act and administered by Industry Canada used to support one or more antennae for the purpose of telecommunications. "temporary approval" means an approval for a development that is otherwise prohibited by this By-law but has been authorized by the Committee, subject to any imposed term or condition, for a temporary period not exceeding one year, or for an additional one-year period if an application for amendment to this By-law to permit the development has been received. "temporary sign" means a mobile sign structure that is designed in such a manner that it can be readily relocated to provide advertising at another location. "tentative approval" means tentative approval granted by the Development Officer for a proposed subdivision in accordance with the provisions of The Subdivision By-law of The City of Saint John. "The City of Saint John" means a body incorporated by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick. 29 `reel "the City of Saint John" means the geographical area within the boundaries of the City of Saint John in the County of Saint John in the Province of New Brunswick. "third -party sign" means any type of sign that advertises goods, products, or services not located, sold, or provided on the same lot as the sign. "through lot" means a lot other than a corner lot that has a front yard on two or more streets. "tier 1 variance" means a variance which varies no greater than 25 percent of a numeric standard contained in this By-law. "tier 2 variance" means a variance which varies greater than 25 percent of a numeric standard contained in this By-law or a non -numeric standard contained in this By-law. "towing service" means an establishment where trucks are dispatched to transport inoperable vehicles, and may include the outdoor compound area for the secure storage of such vehicles and or the administrative functions associated with this use, but it does not include a scrap or salvage yard. "townhouse dwelling" means a building abutting a public street that contains three or more dwelling units arranged side by side and vertically separated with each said dwelling unit having an independent exterior entrance. "transit terminal" means any use for the facilitation of transporting people by vehicle and may include the maintenance or repair of such vehicles. "transportation depot" means any use involved in the storing, servicing, or repairing of vehicles or equipment and may include fuel storage and dispensing of such vehicles, and other accessory or secondary uses such as administration and training facilities or functions. "transportation terminal" means any use for the facilitation of transporting goods or people by air, land, or water. "two -unit dwelling" means a building containing two dwelling units, but does not include a semi- detached dwelling. "unrestricted on -street parking" means parking on a street where public parking of vehicles is permitted without any daytime restriction. "university or college" means a facility where students are taught the curriculum of a post- secondary program by an institution authorized in accordance with the Degree Granting Act, and may include necessary accessory and secondary uses such as, but not limited to, administration, athletics, food service, research, student, and faculty residence, or associated commercial services for students and staff. "use" means the purpose for which land or a building or a structure, or any combination thereof, is designed, arranged, erected, occupied, or maintained. 171 "use of land" includes the mining or excavation of sand, gravel, clay, shale, limestone, or other deposits whether or not for the purpose of sale, or other commercial use of the material so mined or excavated. "variance" means a variance granted by the Development Officer or Committee, as the case may be, as authorized by the Act. "vehicle body and paint shop" means an establishment where motor vehicle bodies and frames are repaired and or painted. "vehicle rental' means an establishment where motor vehicles not exceeding a weight of one and one-half tonnes are rented to the public, and may include minor servicing, repair, or cleaning of vehicles, and administrative functions associated with the use. "vehicle repair garage" means an establishment involved in the repair of automobiles, trucks, motorcycles, snowmobiles, or other vehicles, and may include the sale, installation, servicing, or machining of automotive parts and accessories, or a drive thru vehicle inspection, repair, servicing, or cleaning facility such as, but not limited to, automotive glass replacement, exterior vehicle cleaning, muffler replacement, safety inspection, tire alignment, tire replacement, transmission repair, or vehicle upholstery cleaning, but does not include a vehicle body and paint shop. "vehicle sales and leasing" means an establishment where new and or used vehicles not exceeding a weight of one and one-half tonnes are sold or leased, and may include an associated vehicle repair garage that provides on-site servicing, repair, cleaning, or polishing of such vehicles and the sale of auto accessories or related products. "veranda" means a roofed structure attached to the exterior of a building with at least one side containing no wall. "veterinary clinic" means an establishment within a building where domestic animals or household pets are treated by a licensed veterinarian, and includes temporary indoor accommodation related to such treatment and or recovery of animals after a surgical procedure, but does not include any outdoor facilities such as a kennel, dog run, or other similar enclosure. "walking trail" means land owned by The City of Saint John or any person for non-commercial purposes that is used by the general public for active transportation. "walkway" means a pedestrian passage having a maximum width of one metre and when satisfying a requirement of this By-law, or a condition imposed by the Council, the Committee, or the Development Officer, shall be constructed with a surface consisting of concrete and or brick pavers but not gravel or asphalt. "wall sign" means a sign structure attached directly against the wall of a building or structure that does not project more than 0.5 metres from the wall. "warehouse facility" means an establishment other than a self -storage facility where goods are stored and packaged inside a building, and may include administration, but does not include the manufacturing, display, or sale of goods or a distribution facility. 31 "wastewater treatment facility" means a facility where wastewater is collected, treated, and disposed of. "water treatment facility means a facility where water is collected, treated, and distributed as drinking water to customers. "well" means an artificial opening in the ground from which potable water used for cooking or human consumption is obtained, or an opening made for exploring for or obtaining such water. "yard" means that part of a lot unoccupied by any building or structure. "zone" means a designated area of land use shown on Schedule A of this By-law. "zoning confirmation letter" means a letter prepared by the Development Officer attesting to the zoning of a lot and the permitted uses and standards of that zone. The letter may also contain other relevant zoning information about the lot.". 5 Deleting subparagraph 4.1(1)(a)(ii) and replacing it with the following words: "(ii) Lot means a lot or part -lot; and". 6 Deleting subparagraph 4.1(1)(e)(iii) and replacing it with the following words: "(iii) Four metres or 50 percent of the part -lot frontage measured at the street line for a dwelling unit in a semi-detached dwelling or townhouse dwelling.". 7 Deleting paragraph 4.1(1)(f) and replacing it with the following words: "(f) Notwithstanding paragraph 4.1(1)(e), no access anywhere on a lot in a RC zone shall have a width greater than 4.5 metres or 7 metres in any other zone.". 8 Deleting subparagraph 4.1(2)(a)(iii) and replacing it with the following words: "(iii) Lot means a lot or part -lot; and". 9 Deleting paragraph 4.1(2)(1) and replacing it with the following words: ,,(I) No access shall abut a Future Street vested to The City of Saint John.". 10 Deleting from subsection 4.2(b) the words "Microbrew Pub 1 per 10 square metres" and replacing them with the following words: "Microbrewery 1 per 50 square metres". 11 Deleting from subsection 4.2(b) the word "Recreational Facility" and replacing it with the following word: "Recreation Facility". 32 `IFW 12 Adding to subsection 4.2(b), immediately before the words "Management Pond" the following word: "Stormwater". 13 Deleting subsection 4.2(d) and replacing it with the following words: "(d) Where: (i) More than 100 on-site parking spaces are required by paragraph (b), the total number of parking spaces shall not exceed 125 percent of the minimum parking spaces required by paragraph (b); and (ii) On-site parking spaces are provided on a lot in the Uptown Parking Exemption Area as defined by Schedule C of this By-law, the total number of on-site parking spaces on the lot shall not exceed 125 percent of the minimum parking spaces required by paragraph (b).". 14 Deleting paragraph 4.2(1)(a) and replacing it with the following words: "(a) Nothing in this By-law shall require additional parking spaces for a change of use involving a building or portion thereof if the new or proposed use requires the same or less parking spaces than the present use of the same building or portion thereof.". 15 Deleting subsection 5.1(b) and replacing it with the following words: "(b) Except as otherwise provided by this By-law, an accessory building or structure shall not be erected or placed in the front or flankage yard of a main building or structure, except: (i) A gatehouse on a lot zoned Industrial not exceeding one storey in height and 95 square metres in ground floor area; and (ii) When a main building or structure exists within the required front or flankage yard, an accessory building or structure may be erected or placed in the front or flankage yard.". 16 Deleting subsection 5.1(c) and replacing it with the following: "(c) Except as otherwise provided by this By-law, an accessory building or structure shall not be erected, placed, or altered unless in conformity with the following: Minimum Side Yard: RU, RS and RR zones 3 metres; Commercial, Industrial, and Community Facility zones 2 metres; All other zones 33 ` FM 2 metres if more than 70 square metres in ground floor area, or 1 metre if 70 square metres or less in ground floor area; Minimum Rear Yard: RU, RS and RR zones 3 metres; Commercial, Industrial, and Community Facility zones 2 metres; All other zones 2 metres if more than 70 square metres in ground floor area, or 1 metre if 70 square metres or less in ground floor area; Maximum Cumulative Ground Floor Area: Notwithstanding any lot occupancy standard in a 70 square metres, or Residential, P, or RU zone, the greater of: 6.5 percent of the lot area, but in no case shall an individual accessory building or structure shall exceed a maximum ground floor area of 120 square metres; All other zones limited by the lot occupancy standard for that zone; Maximum Height: RC, RH, RM, RL, R2, R1, and RP zones 6 metres; All other zones 8 metres.". 17 Deleting subsection 5.2(a) and replacing it with the following words: "(a) A fence in any Residential zone shall not exceed a maximum height of two metres in any ya rd ;". 18 Deleting subsection 5.2(b) and replacing it with the following words: 34 175 "(b) A fence in any non-residential zone shall not exceed a maximum height of 2.5 metres in any yard; and". 19 Deleting subsection 6.1(c) and replacing it with the following words: "(c) All required landscaping shall be completed within one year from the issuance date of the development permit for the development and when no development permit was issued than all required landscaping shall be completed within one year from the commencement of the development.". 20 Repealing section 7.2. 21 Deleting section 7.3 and replacing it with the following words: 7.3 Signs Permitted in All Zones Notwithstanding any other provision of this By-law except for section 7.4, the following signs shall be permitted in any zone: (a) A real estate sign provided the total sign face area does not exceed two square metres when located on a lot in a Residential zone or three square metres when located on a lot in any other zone; (b) A sign associated with a special event or a public election provided the sign does not exceed three square metres in total sign face area and is removed within seven days after the event or election; (c) A directional sign provided: (i) There shall be a maximum of one directional sign for each entrance, exit, and drive-thru lane; (ii) Except for a logo, the sign shall be limited to the sole purpose of directing vehicles or pedestrians to an access or driveway on the lot; (iii) The sign shall not exceed a maximum total sign face area of 0.5 square metres; (iv) The sign shall not exceed a maximum height of 1.5 metres; and (v) The sign shall have a minimum setback of two metres from a front, flankage, or side lot line and a minimum setback of one metre from the edge of the pavement or painted lane of an access or driveway; (d) A point-of-purchase sign; (e) An entrance identification sign; (f) A public welfare or safety sign authorized by The City of Saint John, including, but not limited to, a directional or traffic sign outside of a public street right-of- way; 35 (g) A traffic control device as defined by the Motor Vehicle Act outside of a public street right-of-way; (h) A sign identifying a hazard or danger on a lot or premise; (i) A memorial or foundation sign on a building; Q) A sign that identifies the address of a residence or the name of the resident provided the sign does not exceed 0.5 square metres in total sign face area; (k) A sign regulating the conduct of a person on a lot or premise provided the sign does not exceed 0.5 square metres in total sign face area; (1) A flag, banner, or emblem representing a country, province, municipality, or non- commercial organization; (m) A public transit sign; (n) A sign affixed to a licensed taxicab; or (o) A change of sign copy of a sign provided the sign copy area is not increased". 22 Deleting paragraph 7.10(1)(a) and replacing it with the following words: "(a) The construction sign shall only identify the architects, professional engineers, contractors, or other individuals or firms associated with a development occurring on the same lot, or an announcement concerning a proposed development to occur on the same lot;". 23 Deleting section 8.4 and replacing it with the following words: "8.4 Exceptions Respecting Yards (a) Notwithstanding anything else in this By-law except for the front and flankage yard requirements in the RC zone, a main building may be erected, placed, or altered so that it is as close to the street line as: (i) Where there are main buildings that encroach into the required front yard on both adjacent properties abutting the same street, the average distance between the street line and these main buildings; or (ii) Where there is only one main building that encroaches into the required front yard on an adjacent lot abutting the same street, the average of the front yard requirement and the distance between the street line and this adjacent main building; or (iii) In the case of a corner lot, where there is a main building that encroaches into the required front yard on the adjacent lot abutting the `rrA same street, the average of the flankage yard requirement and the distance between the street line and this adjacent main building. (b) Notwithstanding anything else in this By-law, an accessory building may be erected, placed, or altered so that it is as close to the street line as: (i) Where there are accessory buildings that encroach into the required front yard on both adjacent properties, the average of the distance between the street line and these accessory buildings; or Where there is only one accessory building that encroaches into the required front yard on an adjacent lot, the average of the front yard requirement and the distance between the street line and this adjacent accessory building; or (iii) In the case of a corner lot, where there is an accessory building that encroaches into the required front yard on the adjacent lot abutting the same street, the average of the flankage yard requirement and the distance between the street line and this adjacent accessory building. (c) Notwithstanding anything else in this By-law, the front yard for a lot abutting a cul-de-sac turnaround may be reduced to a depth not less than 3.8 metres. (d) Notwithstanding anything else in this By-law, a lot in an Industrial zone abutting a railway right-of-way or spur line does not require a yard from such right-of-way or spur line. (e) Notwithstanding anything else in this By-law, no yard is required for any building or structure not exceeding a ground floor area of 10 square metres when associated with a community garden, an interpretive centre, land for public purpose, a municipal recreational use, a park or playground, a stormwater management pond, or a walking trail. (f) Except as otherwise provided by this By-law, no yard is required for construction wholly beneath the surface of the ground.". 24 Deleting section 8.5 and replacing it with the following words: "8.5 Existing Buildings and Structures in All Zones Nothing in this By-law shall prevent any repair, renovation, reconstruction, or enlargement of a building or structure that does not conform to a zone standard provided: (a) The repair, renovation, reconstruction, or enlargement does not further reduce the zone standard that does not conform to this By-law; and (b) All other applicable provisions of this By-law are satisfied.". 25 Deleting section 8.7 and replacing it with the following words: 37 `rE:3 "8.7 Existing Dwelling Units along Common Walls Notwithstanding anything else in this By-law, a lot containing a semi-detached dwelling or townhouse dwelling may be further subdivided into part -lots at the common wall provided: (a) The common wall complies with the Saint John Building By-law; (b) Each dwelling unit is independently serviced by municipal sanitary sewer and municipal water laterals directly to the mains in the street; (c) Each dwelling unit continues to be part of the building, and any rebuilding of a dwelling unit shall occupy the original footprint and be to the common wall of the other dwelling unit; and (d) With respect to the lot requirements of this By-law, the total area comprised of such part -lots shall be deemed the lot.". 26 Deleting section 8.12 and replacing it with the following words: "8.12 Lots for Specific Uses Nothing in this By-law shall prevent the creation of a lot, block, or other parcel of land with any dimension and not served by municipal water, municipal sanitary sewer, municipal storm sewer, well, on-site sewage disposal system, utility, or a street, where development of such lot, block, or other parcel of land is restricted to one or more of the following: (a) Billboard or Neighbourhood Sign; (b) Community Garden; (c) Lane, Road, Street, or Highway; (d) Land for Public Purposes; (e) Minor Utility Service Building or Structure; (f) Monument or Statue; (g) Municipal Recreational Use; (h) Park or Playground; (i) Pipeline; Q) Public Display; (k) Railroad; 38 179 (1) Stormwater Management Pond; (m) Telecommunication Tower; or (n) Walking Trail.". 27 Deleting section 8.13 and replacing it with the following words: "8.13 Minimum Building Dimensions Except as otherwise provided by this By-law, a main building containing a dwelling unit in any zone shall have a continuous length and width of at least five metres.". 28 Deleting section 8.14 and replacing it with the following words: "8.14 Number of Main Buildings or Structures on a Lot Except as otherwise provided by this By-law, in a Residential or Rural zone no more than one main building containing a dwelling may exist on a lot.". 29 Deleting section 8.16 and replacing it with the following words: "8.16 Streets and Servicing (a) Except as otherwise provided by this By-law, a lot where a building to be used for human occupancy is proposed, shall: (i) Abut a street; (ii) Be serviced by municipal water and municipal sanitary sewer where deemed available by the Chief City Engineer, and where such municipal services are not deemed available by the Chief City Engineer it will be the sole responsibility of the person undertaking the development to install a private on-site sewage disposal system and well acceptable to the Province of New Brunswick; and (iii) Be serviced with electricity by Saint John Energy or NB Power. (b) With respect to other services and facilities, including telecommunications and natural gas, it will be the sole responsibility of the person undertaking the development to make satisfactory arrangements for such other services and facilities. (c) A lot to where a building to be used for human occupancy is proposed not satisfying the requirements of paragraph (a) shall only be permitted when authorized by Council under subsection 2.7(2).". 30 Adding immediately after section 8.17 the following words: W `E:ii1 "8.18 Zone Standards for Certain Subdivisions Notwithstanding any requirement of this By-law with respect to minimum lot area, minimum lot depth, minimum lot frontage, minimum front yard, minimum rear yard, minimum side yard, and minimum flankage yard, the Development Officer may approve a subdivision plan that would: (a) Increase an undersized lot by consolidating land from one or more adjoining lots provided all such adjoining lots can still satisfy the minimum zone standards; (b) Relocate a lot line to reasonably remove an encroachment involving a building, structure, driveway, well, septic tank, or other such appurtenance; and (c) Reduce the street frontage of a lot below the minimum lot frontage standard where the remaining lot frontage is still sufficient to accommodate the construction of a public street in the future.". 31 Deleting subsection 9.4(b) and replacing it with the following words: "(b) The building shall be serviced by municipal sanitary sewer and municipal water;". 32 Deleting section 9.7 and replacing it with the following words: "9.7 Filling and Excavating of Land 9.7(1) Filling of Land (a) Except as otherwise provided by this By-law, no filling of land greater than one metre in depth may occur in any zone except where the fill is placed on a cumulative ground area not greater than 62.5 square metres. (b) The filling of land greater than one metre in depth which exceeds a maximum cumulative ground area of 62.5 square metres may occur in any zone subject to the following requirements: (i) The fill is placed on a cumulative ground area not greater than 500 square metres; (ii) The filling of land ceases on or before 365 days after the date in which the development is approved by the Development Officer regardless of whether the filling of land was continuous or not; (iii) The land affected will not contain a slope steeper than two metres horizontal to one metre vertical when the filling of land ceases on or before 365 days after the date in which the development is approved by the Development Officer; 40 (iv) The land affected is landscaped on or before 365 days after the date in which the development is approved by the Development Officer as follows: (A) A layer of topsoil having a minimum depth of 10 centimetres, after compaction, completely covers the area affected by the filling of land so that the fill, and any objects associated with the fill, is no longer visible to the general public; and (B) Hydro seed or sod is placed completely over the surface of the land affected by the filling of land; and (v) The Development Officer has indicated approval of the filling of land in the form of a development permit. (c) Notwithstanding anything else in this subsection, the filling of land greater than one metre in depth in any zone may occur if the filling of land is undertaken directly in connection with one or more of the following: (i) The construction, alteration, or repair of a street in an approved subdivision or under contract awarded by The City of Saint John; (ii) Any work performed by a public utility; or (iii) The construction of a basement or cellar, footing of a building or structure, swimming pool, or other such development authorized by a permit issued by The City of Saint John. 9.7(2) Excavating of Land (a) Except as otherwise provided by this By-law, no excavating of land greater than one metre in depth may occur in any zone except where the excavating of land has a cumulative ground area not greater than 62.5 square metres. (b) The excavating of land greater than one metre in depth which exceeds a maximum cumulative ground area of 62.5 square metres may occur in any zone subject to the following requirements: (i) The excavating of land does not involve a cumulative ground area greater than 500 square metres; (ii) The excavating of land ceases on or before 365 days after the date in which the development is approved by the Development Officer regardless of whether the excavating of land was continuous or not; (iii) The land affected will not contain a slope steeper than two metres horizontal to one metre vertical when the excavating of land ceases on or before 365 days after the date in which the development is approved by the Development Officer; 41 (iv) The land affected is landscaped on or before 365 days after the date in which the development is approved by the Development Officer as follows: (A) A layer of topsoil having a minimum depth of 10 centimetres after compaction completely covering the surface of the land affected by the excavating of land; and (B) Hydro seed or sod is placed completely over the surface of the land affected by the excavating of land; and (v) The Development Officer has indicated approval of the excavating of land in the form of a development permit. (c) Notwithstanding anything else in this subsection, the excavating of land greater than one metre in depth in any zone may be undertaken directly in connection with one or more of the following: (i) The construction, alteration, or repair of a street in an approved subdivision or under contract awarded by The City of Saint John; (ii) Any work performed by a public utility; or (iii) The construction of a basement or cellar, footing of a building or structure, swimming pool, or other such development authorized by a permit issued by The City of Saint John.". 33 Deleting section 9.8 and replacing it with the following words: "9.8 Garden Suites Where permitted by this By-law, a lot containing a one -unit dwelling or a mobile or mini - home as a main use may also contain a garden suite as a secondary use in separate building subject to the following requirements: (a) The garden suite shall not exceed a maximum gross floor area of 70 square metres; (b) 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; (c) 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 42 `E:ic3 (ii) Three metres from a side and rear lot line when located on a lot in any other zone; (d) The garden suite shall be serviced in the same manner as a main building or structure in accordance with section 8.16; (e) Notwithstanding paragraph (e), electrical service shall be provided underground when located on a lot in a RC, RM, RL, R2, or R1 zone; (f) The required setbacks mentioned in paragraph (d) shall be landscaped in accordance with section 6.2; (g) 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; (h) Repealed; and (i) 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.". 34 Deleting paragraph 9.10(d) and replacing it with the following words: "(d) All chickens shall be kept in a maximum of one chicken coop in the rear yard of the lot with a minimum ground floor area of 0.37 square metres per chicken, and in addition the chicken coop shall also include an attached outdoor wired enclosure area, commonly referred to as a chicken run, having a minimum ground floor area of 0.92 square metres per chicken;". 35 Deleting paragraph 9.10(e) and replacing it with the following words: "(e) The chicken coop shall be no closer than two metres to any side lot line or rear lot line, and shall have a minimum separation distance of 7.5 metres from any existing main residential building on an adjoining lot and 30 metres from any existing well on an adjoining lot;". 36 Repealing paragraph 9.13(a). 37 Deleting paragraph 9.13(b) and replacing it with the following words: "(b) The secondary suite shall not exceed 40 percent of the gross floor area of the building or 80 square metres, whichever is less;". 38 Deleting paragraph 9.13(d) and replacing it with the following words: "(d) The building shall be serviced either with municipal sanitary sewer and municipal water by one set of laterals to the building or by one private on-site sewage disposal system and well;". 43 `E:11 39 Repealing paragraph 9.13(e). 40 Deleting paragraph 9.13(g) and replacing it with the following words: "(g) In accordance with Part 4, there shall be at least one on-site parking space for the secondary suite in addition to those required for any other uses of the lot; and". 41 Repealing paragraph 9.13(h). 42 Deleting section 9.18 and replacing it with the following words: "9.18 Tree Cutting (a) Except as otherwise provided in this By-law, no tree cutting may occur in any zone. (b) Tree cutting may occur in any zone subject to the following requirements: (i) The tree cutting does not involve a cumulative ground area greater than 500 square metres; (ii) The area affected by the tree cutting does not present a hazard to the general public when the tree cutting ceases; (iii) The area affected by the tree cutting does not contain any fallen trees when the tree cutting ceases. (c) Tree cutting in any zone may be undertaken directly in connection with one or more of the following: (i) The construction, alteration, or repair of a street in an approved subdivision or under contract awarded by The City of Saint John; (ii) Any work performed by a public utility; (iii) A development authorized by a permit issued by The City of Saint John; (iv) The area of land associated with a subdivision plan that has been granted tentative approval by the Development Officer; or (v) The removal of any tree which is damaged, diseased, or hazardous to the general public.". 43 Repealing subparagraph 9.19(a)(i). 44 Deleting subparagraph 9.19(a)(vi) and replacing it with the following words: "(vi) Stormwater Management Pond;". 44 185 45 Deleting subparagraph 9.19(a)(vii) and replacing it with the following words: "(vii) Telecommunication Tower; or". 46 Adding the words immediately after subparagraph 9.19(a)(vii) the following words: "(viii) Temporary Parking Lots and Snow Lots authorized by The City of Saint John.". 47 Modifying Table 10-1 such that the Table 10-1 describes Garden Suites as also permitted in the RS and RR zones. 48 Deleting paragraph 10.1(3)(m) and replacing it with the following words: "(m) Front and Flankage Building Fagades for the construction of new buildings only: (i) Shall only have cladding comprised of brick, stone, cementitious material, or wood, or any combination thereof; (ii) Shall have at least 15 percent of its area covered by windows with clear glass; (iii) Shall not have a garage door that exceeds 40 percent of the building fagade width or 20 percent of the building fagade area; and (iv) Shall not have a garage door that projects beyond the plane of the primary building door entrance.". 49 Deleting from section 10.8 the sentence "The Mini -Home Park Residential (RP) zone accommodates serviced residential developments in the form of mobile or mini -home parks or communities with private streets." and replacing it with the words "The Mini -Home Park Residential (RP) zone accommodates serviced residential developments in the form of mobile or mini -home parks or communities with streets.". 50 Adding to section 10.9(1) immediately after "Dwelling, Two -Unit;" the following words: "Garden Suite, subject to section 9.8;". 51 Deleting from paragraph 10.9(2)(d) the words 10 metres" and replacing it with the following words: 7.5 metres". 52 Deleting from paragraph 10.9(2)(e) the words 15 metres" and replacing it with the following words: 7.5 metres". 45 `DN 53 Adding to paragraph 10.9(2)(f) immediately after the words "Minimum Side Yard" the following words: ", the lessor of', and deleting from paragraph 10.9(2)(f) the words 10 metres" and replacing it with the following words: 15 percent of the lot frontage or 4.5 metres". 54 Deleting from paragraph 10.9(2)(g) the words 10 metres" and replacing it with the following words: 7.5 metres". 55 Adding to section 10.10(1) immediately after "Dwelling, Two -Unit;" the following words: "Garden Suite, subject to section 9.8;". 56 Deleting from paragraph 10.10(3)(d) the words "10 metres" and replacing it with the following words: 7.5 metres". 57 Deleting from paragraph 10.10(3)(e) the words "15 metres" and replacing it with the following words: 7.5 metres". 58 Adding to paragraph 10.10(3)(f) immediately after the words "Minimum Side Yard" the following words: ", the lessor of', and deleting from paragraph 10.10(3)(f) the words "10 metres" and replacing them the following words: 15 percent of the lot frontage or 4.5 metres". 59 Deleting from paragraph 10.10(3)(g) the words "10 metres" and replacing them with the following words: 7.5 metres". 60 Adding to Table 11-1 a row immediately after the row containing the words "Commercial Entertainment" in the column labelled "Use" with the words "Commercial Group" in the column labelled "Use" and indicating that the permitted zones are CU, CRC, CBP, CC, CR, CG, CM, and CL. 61 Deleting from Table 11-1 the words "Microbrew Pub" and replacing them with the word "Microbrewery". 62 Deleting from Table 11-1 the words "Recreational Facility" and replacing them with the words "Recreation Facility". 63 Adding to subsection 11.1(1) immediately after the words "Commercial Entertainment;" the following words: "Commercial Group;". 46 64 Deleting from subsection 11.1(1) the words "Microbrew Pub;" and replacing them with the following word: "Microbrewery;". 65 Deleting from subsection 11.1(1) the words "Recreational Facility;" and replacing them with the following words: "Recreation Facility;". 66 Deleting paragraph 11.2(2)(b) and replacing it with the following words: "(b) Council or the Development Officer will specify plans and or studies necessary to be included in support of the rezoning application at the time of submission. Such plans and or studies may include, but not be limited to, context, site, building, elevation, landscaping, grading, servicing, stormwater, and traffic.". 67 Adding to subsection 11.3(1) immediately after the words "Business Office, subject to paragraph 11.3(3)(b);" the following words: "Commercial Group;". 68 Deleting from subsection 11.3(1) the words "Recreational Facility" and replacing them with the following words: "Recreation Facility". 69 Adding to subsection 11.4(1) immediately after the words "Business Support Service" the following words: "Commercial Group;". 70 Deleting from subsection 11.4(1) the words "Recreational Facility" and replacing them with the following words: "Recreation Facility". 71 Adding to subsection 11.5(1) immediately after the words "Commercial Entertainment;" the following words: "Commercial Group;". 72 Deleting subparagraph 11.5(3)(a)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and". 47 `E:1:3 73 Adding to subsection 11.7(1) immediately after the words "Business Office, subject to paragraph 11.7(3)(b);" the following words: "Commercial Group;". 74 Adding to subsection 11.8(1) immediately after the words "Business Office, subject to paragraph 11.8(2)(a);" the following words: "Commercial Group;". 75 Adding to subsection 11.9(1) immediately after the words "Business Office, subject to paragraph 11.9(2)(a);" the following words: "Commercial Group;". 76 Adding to Table 12-1 a row immediately after the row containing the words "Vehicle Body and Paint Shop" in the column labelled "Use" with the words "Vehicle Repair Garage" in the column labelled "Use" and indicating that the permitted zones are IL and IM. 77 Adding to subsection 12.1(1) immediately after the words "Vehicle Body and Paint Shop;" the following words: "Vehicle Repair Shop;". 78 Deleting subparagraph 12.1(2)(a)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and". 79 Adding to subsection 12.2(1) immediately after the words "Vehicle Body and Paint Shop;" the following words: "Vehicle Repair Shop;". 80 Deleting subparagraph 12.2(2)(a)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and". 81 Deleting subparagraph 12.2(2)(b)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms, and landscaping.". 82 Deleting subparagraph 12.3(2)(a)(iii) and replacing it with the following words: 48 `E:1•%1 "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and". 83 Deleting subparagraph 12.3(2)(b)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms, and landscaping.". 84 Deleting from subsection 12.4(2) the word "permit" and replacing it with the following words: "development permit". 85 Deleting from paragraph 12.4(3)(a) the word "permit" and replacing it with the following words: "development permit". 86 Deleting from subsection 12.4(7) the word "permit" and replacing it with the following words: "development permit". 87 Deleting section 12.4(8) and replacing it with the following words: "12.4(8) Development Permit Application A person seeking to obtain a development permit shall be the owner or agent of the land proposed to be excavated and shall make application in writing to the Development Officer in a form prescribed by the Development Officer and such application signed by the applicant shall: (a) Record the name and address of the applicant and the location of the proposed excavation; (b) Contain a statement indicating the purpose of the work to be carried on and the portion of land where excavation will commence or is in progress, the order of sequence for excavating the balance of the land and the intended use of the land after excavation has ceased; (c) Contain a statement of the estimated volume of material in cubic metres proposed to be excavated during the term of the development permit; (d) Include the owners express consent to the entry upon the land which is the subject of the application by The City of Saint John and anyone authorized by it including its servants, agents, employees, and workmen, whether by foot or by vehicle, together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this By-law in the event the owner has failed to do so within the time limits stipulated herein; 49 `RM (e) State the estimated dates of commencement and duration of the excavation; (f) Indicate the probable maximum depths and maximum slopes of the proposed excavation at the end of the term of the development permit for which the application is made; (g) Indicate the ultimate depth, elevations, and grades of the excavation shall be subject to any applicable requirements of the Development Officer for future streets and municipal water and municipal sanitary sewer lines; (h) Set out the controls and methods to be employed in preventing the emission of smoke, dust, odours, toxic materials, vibrations, and noise including: (i) All blasting to be monitored to ensure compliance by a professional engineer; (ii) All blasting to be designed, loaded, supervised, and initiated by a Category I blaster as certified under the "Apprenticeship and Occupational Certification Act"; (iii) All blasting operations to conform to the latest version of the "General Regulation — Occupational Health and Safety Act" with particular attention to Parts "XII -Explosives" and "XIV -Pits and Quarries;" (i) Include one or more plans drawn to a scale of not less than 1 to 1000 by a professional engineer, landscape architect, planner, or land surveyor. These plan(s) shall show the phased development of a pit or quarry for a period of 1 to 5 years and shall indicate the following: (i) The boundaries of the property with respect to which the application is made, and its relation to current streets and other properties; (ii) Current topography at no more than 2 metre contour intervals, or spot elevations or cross sections with a vertical scale of 1 to 100, or a combination thereof, where 2 metre contour intervals are not available; (iii) Location of present natural watercourses and drainage areas as at the seasonal spring peak flow period; (iv) Location of present power transmission line towers and other structures; (v) An outline of the area to be excavated; ` eli (vi) The location of proposed watercourses and drainage, including lakes, ponds and retention areas; (vii) The proposed location of any buildings, scale house, equipment, equipment storage area, and equipment repair sheds or areas; (viii) The location of protective fencing if required by the Development Officer; (ix) The location of entrances and exits to the site of the proposed excavation and gates, if any; (x) The location of traffic routes to and from the area to be excavated; (xi) The location and size of signs erected or proposed to be erected within the site of the proposed excavation and gates, if any; (xii) The depth of the current water table; (xiii) The method of achieving a closed loop drainage system at the excavation area, but if a closed loop system cannot be achieved, illustrate on the site plan(s) and have evidence that the Provincial or Federal approval authority has approved an alternative drainage system; (xiv) The location of a present or proposed water source for use in dust control measures subject to paragraph 12.4(10)(f); (xv) The location of storage area(s) for hazardous materials; (xvi) The location of storage areas for explosive materials; (xvii) The location of proposed treed berms and natural treed buffers to be retained for screening; (xviii) The location of storage areas for topsoil and overburden to be used in rehabilitation; Q) Where the application is for a development permit relating to a pit or quarry proposed to be opened subsequent to the coming into force of this subsection, a statement from a professional engineer or hydrologist identifying the depth of the current water table at the location of the proposed excavation, as well as their opinion respecting the effect, if any, of the proposed excavation upon that water table level on adjacent properties not owned by the applicant; 51 `LOy, (k) Where an application for a development permit relating to an current pit or quarry site proposes to increase the depth of excavation on that site, a statement from a professional engineer or hydrologist identifying the depth of the current water table at the location of the proposed excavation, as well as their opinion respecting the effect, if any, of the proposed excavation upon that water table level; (1) An application for a development permit shall be accompanied by one or more plans, other than those mentioned in paragraph (i) drawn to a scale by the professionals mentioned in that paragraph, indicating the proposed method of rehabilitation of the excavation area according to the provisions of this By-law and setting out: (i) The proposed grading at not more than 2 metre contour intervals or by cross-sections with a horizontal scale of 1 to 1000 and a vertical scale of 1 to 100 or any combination of these including the slopes for the end of the term for which the development permit is being sought; (ii) The location, quantity and type of trees, planting, hydro -seeding, or other ground cover materials to be used including the type and depth of soil to be used on the berms for the purposes of establishing vegetation; (iii) Details of all items and features pertaining to improvement and preservation of the land, including any retaining wall; (iv) The estimated dates of commencement and completion of such rehabilitation, the portion of land on which it will commence and the order and the time schedule for rehabilitation of the balance of the site; and (m) Each application for a permit shall be accompanied by a fee of one thousand and one hundred dollars.". 88 Deleting subsection 12.4(9) and replacing it with the following words: "12.4(9) Development Permit (a) Subject to paragraph (c), the Development Officer shall issue a development permit where: (i) An application under this section has been received; and (ii) The applicant has deposited with the Development Officer security in accordance with paragraph (e) satisfactory to the Development Officer and; 52 `RM (iii) The proposed excavation and rehabilitation of the land for which a development permit has been sought has been approved by the Development Officer as conforming with all requirements of this By-law; and (iv) The fee set out in paragraph 12.4(8)(m) has been paid. (b) A development permit is valid from the date of its issuance until the earlier of: (i) December 31 st of the same year; or (ii) The date of the registration in the Saint John County Registry Office of a deed conveying title to the land in question from the applicant. (iii) In the event a development permit terminates due to the conveyance of the land in question, the Development Officer shall issue, without fee, a new excavation permit for the remainder of the calendar year if the new owner delivers to the Development Officer: (A) Security in accordance with the requirements of paragraph (e); and (B) A written statement that in consideration of the Development Officer issuing a development permit the new owner consents to the entry upon the land in question by The City of Saint John and anyone authorized by it, including its servants, agents, employees, and workmen, whether by foot or by vehicle, together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this section in the event the owner has failed to do so within the time limit stipulated herein. (c) A development permit shall: (i) Be in the form prescribed by the Development Officer; (ii) Be signed by the Development Officer; (iii) Indicate the purpose of the work to be carried on; and (iv) Set out any controls or measures, which in the opinion of the Development Officer, shall be employed in the operation, including any conditions that may have been imposed by Council upon the rezoning of the site. 53 `e•%ZI (d) No development permit may be issued under paragraph (b) if: (i) The proposed work would: (A) Create a hazard to human life; (B) Endanger adjoining property; (C) Adversely affect a municipal sanitary sewer, municipal water main, watercourse, or street; or (D) Not meet the conditions of use set out in the zones that permit the excavation use. (ii) The land of the site is subject to geological instability or flood hazards to the extent that, in the opinion of the Development Officer, no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard. (e) No development permit may be issued under paragraph (b) until the applicant has deposited a security in the form of money, letter of credit, or a bond in favour of The City of Saint John, in an amount determined by the Development Officer to be adequate to cover the estimated cost of rehabilitation of the land of the site in accordance with the terms and time limits stipulated herein.". 89 Deleting from subsection 12.4(10) the words "Permit Conditions" and replacing them with the following words: "Development Permit Conditions". 90 Deleting from subsection 12.4(10) the words "A permit under subsection 12.4(9) is subject to the following terms and conditions:" with the following words: "A development permit under subsection 12.4(9) is subject to the following terms and conditions:". 91 Deleting from subparagraph 12.4(10)(b)(iv) the words "Building Inspector" and replacing them with the following words: "Development Officer". 92 Deleting from subparagraph 12.4(10)(c)(ii) the words "Building Inspector" and replacing them with the following words: "Development Officer". 93 Deleting paragraph 12.4(10)(e) and replacing it with the following words: "(e) Water Table: 54 `L6191 No excavation shall take place in a pit or quarry to lower the water table on land adjacent to that for which a development permit has been issued. The ultimate depth of the excavation shall be able to sustain the intended long-term uses of the land as indicated.". 94 Deleting from paragraph 12.4(10)(h) both occurrences of the words "Building Inspector" and replacing them both with the following words: "Development Officer". 95 Deleting from paragraph 12.4(10)(i) the word "permit" and replacing it with the following words: "development permit". 96 Deleting from paragraph 12.4(10)(j) both occurrences of the words "permit" and replacing them both with the following words: "development permit". 97 Deleting subparagraph 12.4(11)(a)(ii) and replacing it with the following words: "(ii) The abandonment of the pit or quarry. A pit or quarry is hereby deemed to have been abandoned when four (4) months pass following the date a development permit for the land was last valid;". 98 Deleting from subparagraph 12.4(11)(a)(iv) the word "permit" and replacing it with the following words: "development permit". 99 Deleting from paragraph 12.4(11)(d) the words "Building Inspector" and replacing it with the following words: "Development Officer". 100 Deleting from paragraph 12.4(11)(f) the words "excavation permit" and replacing them with the following words: "development permit". 101 Deleting subsection 12.4(12) and replacing it with the following words: "12.4(12) Enforcement In the event of a contravention or failure to comply with any provision of this section, the Development Officer may suspend, or in the case of a continued violation, revoke, the development permit, in writing, to be delivered by hand or by registered mail to the owner, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended development 55 `L•%Z:1 permit or issue a development permit if the conditions are corrected and all the requirements for the issuance of a development permit have been satisfactorily met. Council may cause any work to be done and to be paid for from the security deposit.". 102 Deleting paragraph 12.6(2)(a)(iii) and replacing it with the following words: "(iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping;". 103 Modifying Table 14-1 such that the Table 14-1 describes Garden Suites as also permitted in the RU zone. 104 Deleting from paragraph 14.3(2)(b) the words, "storm water," and replacing them with the following word: "stormwater,". 105 Adding to paragraph 14.5(1) immediately after the words "Forestry Use" the following words: "Garden Suite, subject to section 9.8;". 106 Deleting from paragraph 14.5(3)(d) the words 15 metres" and replacing it with the following words: "9 metres". 107 Deleting from paragraph 14.5(3)(e) the words "20 metres" and replacing it with the following words: 7.5 metres". 108 Adding to paragraph 14.5(3)(f) immediately after the words "Minimum Side Yard" the following words: ", the lessor of', and deleting from paragraph 14.5(3)(f) the words 15 metres" and replacing it with the following words: 15 percent of the lot frontage or 8 metres". 109 Deleting paragraph 14.5(3)(g) the words 15 metres" and replacing it with the following words: 7.5 metres". 110 Deleting subsection 14.6(2) and replacing it with the following words: "14.6(2) Zone Standards Standards for development in Special Zone No. 1 shall be as set out in subsection 10. 10(3), and Parts 4 to 9 where this zone shall be considered a Rural Residential (RR) zone, except that paragraph 9.15(b) does not apply in the SZ -1 zone.". `LOtl 111 Amending Schedule A: Zoning Map by: (a) Rezoning a parcel of land having an area of approximately 3140 square metres, located at 10 Parks Street, also identified as PID Nos. 00023564, 00023556, 55018808, from Mid -Rise Residential (RM) to Neighbourhood Community Facility (CFN) to recognize a long -existing parking area; and (b) Rezoning a parcel of land having an area of approximately 25215 square metres, located at 625 Havelock Street, also identified as PID No. 55227565, from Park (P) to Neighbourhood Community Facility (CFN) to recognize an expansion to the Havelock School and associated land uses. (c) Rezoning a parcel of land having an area of approximately 1385 square metres, located at 1287 Red Head Road (off Paisley Street), also identified as PID Nos. 55009716 & 55009724, from Rural Residential (RR) to Rural (RU) to recognize a previous approval to allow a mobile or mini -home. 112 Deleting "Schedule B: Fees" and replacing it with the attached Schedule B of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of X, A.D. 2016 signed by: Mayor Common Clerk First Reading: Second Reading: Third Reading: 57 `RU] Schedule B: Fees Except as otherwise provided in this By-law, the following fees are required concerning any matter considered by the Council, the Committee, or the Development Officer the following: Type of Application or Service Required Application Fee (a) Conditional Use $300.00 (b) Encroachment in Good Faith $150.00 per Encroachment (c) Non -Conforming Use (Council) $200.00 (d) Non -Conforming Use (Committee) $300.00 (e) Satisfactory Servicing (Council) $200.00 (f) Section 39 Amendments $2,500.00 (g) Similar or Compatible Use $300.00 (h) Temporary Approval $300.00 (i) Variances: Tier 1 Variance $50.00 plus $10.00 per additional Variance Tier 2 Variance $100.00 plus $20.00 per additional Variance Variance (Committee) $300.00 plus $60.00 per additional Variance Q) Zoning By-law Amendment $2,500.00 Zoning By-law Amendment requiring a (k) Municipal Plan Amendment $3,500.00 (1) Zoning Confirmation or Compliance Letter $100.00 plus $50.00 per additional processing hour or portion thereof 58 199 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 16.50 in. Sales Rep: Elizabeth Cook PROPOSED AMEMOMFIITTO PRDIf1 DE FOODIFICATION BE TRE ZOMM 11Y -UW OFTPE L'MRET, BE ZONAGE BE THE C(Tl'Op SAw j9H CRY OF IAIhai(OHN PYRIC MFAIEarG AUDIENCE PWLIg11E Putlk hbb'ce I h by giam that Par Ies prEcmley un outs pub R[ the Comm"1=11 d The Cily Cbm.sn ',. est donna par kquel IS as 11 d lmentlsmconsider mrsrtrnal de The Cilyar Seins j°� a I'Imemi-n de medEer mendng The 2mitq 113A •el IArdtl mn.ge Cit) d The.'.' Sanl lobo (BYE'+ .The n lint Sohn [emaH no CA au Number C.P. 111) ar 4 iegula meelin le be held in Ne Ceunck B sun de le seance •.:dlrek¢a`ui e . Ilan dans I Salk du comm Chamber on Merida, Oewpq . le Wall 17 nalohe M"d L IR 17, MISS at 6:30 p.m h30. Theameatlmens efkcH • run,hen '', V needlfralion lat ohe un cemum d secOms of .. Zoning Byaaw in ober l0 pro ide amrecom std nombre dafidea de PAn11A d- -3, afire d'aq-nrl one W mprove der4yladllledory mecli.nel d'am0lorer le diell, and Mlegafl.n with .Saar by- la,adllldm el Ilnlegradm des le, '-assodatetlr•idl5iint lehn's 0—Slap D4.kpmmd Shopunique +uvea ariRlis l4'.. Gurtllet pbr I'amenaganml rneameMmenl also lndudes the de le ,.-die de Saint l."" IalleaArsg: ''., V madifi'aL. [.coir rend Egalemem ce Q'E i.11. 1. Repb:'.Inn In—Sung penal 1 k remPlcemenl dee FreWdam wish nr- tlevelopmenl --till—Wil. perrnlL pmbicm lar [hang: aux pamb par tle nouxR•s Muse, Sign, and [munerz6l dfspo lions relaWes assx excan aen Fermis ear arrage+HnL pour slin9 ° 2. P.[pkairg eait-1-9d le"nijume , d'ubllsellars, W panne. et I'ea MUM, excwasing d Intl ---malt; aRmmemal m-11 nexWineofland M nar1 [an�merd.1 e—UN 2. k remP6[nnenl des .I Ind proNskre; d"llf— anuelle, rNaMr_ A fes er!I. nencmnrrxrsiule Rep—ttl ru, g Carden suite der IerraW par pe th s pm isiom w11a, iW S..;:l..s dispaliom nllNn. wN[h else alfa.;. these • th'. te- ,. mnhkyage du S it .,y ash euuide of Ne Primary larn ',. Iamem,llon non mmmendale des DawNopmmsArea; lenains;, d. llmending khedsae A: Zoning 3. le ramp—mart. AU d*bei4oraacW.IW relatives. Map 10-9nizean appm:ed p.`ill—ja•din par de -11.s 1.ng<ddirg parkingarea a119 parmaWnl ter Parks Street. a 1 pn.kus appre ler maer m4llhmanlde UrWilidms useconl;delren ufilimbls 12617 Relt Head 0..d, aenl .pa.lcm of the Novato"shod ddregmipaSeton at 625 HrvNM Sueel: dm a i iatllftra0¢n de Panneae A: 5, Ammdfng 5chsdu, B: Fres Plan dezmage pour rat—iMrs I'approbefim dune sire de SR-0—an't ew,Wm del,.s Theprnpmed ameedmanl may ImgWmps".A. au l0, rue petty be idp.[l.d by any H_"P.ppnebaden dlsn emphiamens erson Pat 'h aM" ,f the ',. W maisan mabile au H. Convnm Clark, winlhe dfine mdson. 1257, dsemin R..d el Cmwlh and L.nrraunil_ I am el un Development W "ty GHall grardWSmrmt tle Pied. 15 Markel Spare, "aim Salm, Hwel.[k MLLAe N 6_5, me N.6. between the h....16:30 WM_h; m- and 4:30 f.m.. Monday . I. draelan de I'mexe 6. uwossgh Friday, meda Drd6 _ theW ett T.I�pemno'nlArorle esuminerh ma lflol'an po .m rdmten masIM Y h sen! w€e aat pu bureau du 9,11- eDi9ne undd d City M. nal ou au bora. d, S.Mce 1e la C.Nonce el du It y. rcq.i,. Frenl ser. ices frc. de akppimenl wmmun.Wlra k C.—Cwndl—tarrg, plea. Mall de Win dWA. i 5, Merkel cmkd she a;hce I he Common Sgmra, A Saint Salm au NtW .2, Clad[ Brimn-k, wire 6 h 30.116 h 30 du With au vendred, sour les 111epmposed Zoning J.-IdEs- ne-1 may he rod by ,sum number.dy R Vglx Lire Plat ws jn member of Codlabe ablenfons au pmjeL de modN.alkn par 6CIIL A l'allenildn The prq—tel Zming r . du ,..994 a 4tel de W Ie. lawarrKaadml nwRl Ms. be 51 vpua eefgez d..SrA—en mderedW the Nanning n(als pour un¢ "union d! n AdWsmy CommflWeala mlmmrnvurek ve meefing W he held in the nnrunlgu le bureau du eared t]slmber m Tasadq, Sgalmiber 39, MISS ac 6,00 Z. greHier aemmulal F_ le prole: de rneddsarbn de I'rarlLA tle.mn. peat fame Members d alae pubic may ''.. r.bjel d'me le[Wre par resm&o aLrav the CamNllee a1 She W.Filde seukmellL si aucun meefing re n6mt _-Is member du cansefi me s'y appeal. wdfirsg na lour Shan Tuesda• Septeriber 20 b, maftaddreved Le pwlet de mWilfakm de W the 1`11-1,Adabory I'Am1E de .nage Sera 6gekmem Cammlnee, City al Saint I'oblel dLn aaamert pa I+. Comilla Sohn G -,Sh and Cammunit Wrlsulla0f d'urbmlrme ler, de P.O. Sex Deaekpmam ""I"'' b reudan ry.nl leul la Salle W 1971, Sanl Sohn, NL EZL SLI, or crosefl le raterdl m a.pa.abn k: eanrl al oise5lcp&xintjeM. 2016 A 7a R [ , ar by lax al (506) 658.)6.7. Its memb- du public p..nl fonadan Trip. S'.dresser.Cmdlelora deb Camman Clerk reunions une—llreleurs cornrninailrel au plus lardle [SOb)65&7862 mrdl 20 sapl rmbr- par ** en les adresmnl au CNdla cane llaW d'urhdsme, 11 Irile de Lint John, Senrim de la mail—ce el du divelzimenl carrnxrrsauldr4 C. P. 19]1, Saint Jahn (14ovreau-6rurnv.rck) E21. e1.1, par—del a I'ad..e Cb 61cp.salnljdn.oa, ou par Il Iel6mpieurau (506) fis&2R37, ' Imalha' Tayloy (506) 65&2662 Ad Number: 8344903R Ad ID: 7143618 Ad legacy: 8344903 Current Date: Sep 16 2016 12:27PM Start Date: 9/17/2016 End Date: 9/17/2016 Color: BIW Client Approval OK ❑ 149191 Corrections ❑ A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a portion of a parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as PID No. 00342600, from Neighbourhood Community Facility (CFN) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2016 and signed by: A K K H. j E jr U.Y. 111-3L ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a decret6 ce qui suit : L'arrete de nonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifie par: La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une partie dune parcellc de terrain d'une superficie d'environ 3479 metres carr6s, situee au 34, Avenue Est Mount Pleasant, et portant le NID 00342600, de zone d'installations communautaires de quartier (CFN) a zone commerciale generale (CG) conform6ment a une resolution adopt6e par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prescnt arrete le 2016, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - October 3, 2016 Premiere lecture - le 3 octobre 2016 Second Reading - October 3, 2016 Deuxieme lecture - le 3 octobre 2016 Third Reading Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint .John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme • :, Neighbourhood Community Facility CFN CG General Commercial Zone d'installations Zone commercials generale communautaires de quartier Applicant: Full Gospel Assembly (on behalf Irving Oil) Location: 34 Mount Pleasant Avenue East PID(s)1NIP(s): A portion oflune portion de 00342600 Considered by P.A.C.lconsidere par le C.C.U.: September 20 septembre, 2016 Enacted by Council/Approuve par le Conseil: Section 39 Conditions — 34 Mount Pleasant Avenue East That, pursuant to Section 39 of the Community Planning Act, the use of the parcel of land having an area of approximately 3479 square metres, located at 34 Mount Pleasant Avenue East, also identified as being a portion of PID number 00342600, be limited to a commercial parking lot and an accessory parking area for the adjacent church. 203 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 401 square metres, located at 50 Hazen Street, also identified as PID No. 00038679, from Urban Centre Residential (RC) to Uptown Commercial (CU) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2016 and signed by: A K K H.1 L{ lr l_:.Y. 111-3J ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : Uarret6 de zonage de The City of Saint John, d6cr6t6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de Vannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 401 m6tres carr6s, situ6e au 50, rue Hazen, et portant le NID 00038679, de zone r6sidentielle du centre-ville (RC) a zone commerciale du centre-ville (CU) conform6ment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications soot indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2016, avec les signatures suivantes Common C1erk/Greffier communal First Reading - October 3, 2016 Premi6re lecture - le 3 octobre 2016 Second Reading - October 3, 2016 Deuxi6me lecture - le 3 octobre 2016 Third Reading Troisi6me lecture Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de I'Arrete de zonage de The City of Saint John Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment a une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme O• r W Urban Centre Residential RC CU Urban Centre Commercial Zone residentielle du Zone commerciale du centre-ville centre-vil le Applicant: Brent McGovern Location: 50 Hazen St PID(s)INIP(s): 00038679 Considered by P.A.C./considers par le C.C.U.: September 20 septembre, 2016 Enacted by Council/Approuve par le Conseil: Section 39 Conditions — 50 Hazen Street That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 401 square metres, located at 50 Hazen Street, also identified as PID Number 00038679, be subject to a condition requiring that the use of the site be restricted to the proposal and the uses permitted in the General Commercial (CG) zone with the exception of the following uses: a) Bar, lounge, or nightclub; b) Private Club; c) Service Station; and d) Vehicle Repair Garage. 206 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 5156 square metres, located at 200-202 Westmorland Road, also identified as PID No. 55183875, from Park (P) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2016 and signed by: 111(ICn 1 JD 11 %. Jr. 111-J't ARRETE MODIFIANT V ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit: Uarret6 de nonage de The City of Saint John, d6crete le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 5156 metres carr6s, situee au 200-202, Chemin Westmorland, et portant le NID 55183875, de zone de pares (P) a zone commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2016, avec les signatures suivantes Common Clerk/Greffier communal First Reading - October 3, 2016 Premiere lecture - le 3 octobre 2016 Second Reading - October 3, 2016 Deuxi6me lecture - le 3 octobre 2016 Third Reading - Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adopt6e par le conseil municipal en vertu de Particle 39 de is Loi sur I'urbanisme FROM 1 DE TO 1 A Park General Commercial Zone de parts P IN CG Zone commercials generale Applicant: Fundy Funeral Co-op Ltd. Location: 200-202 Westmorland Road PID(s)INIP(s): Portion of/de 55183875 Considered by P.A.C.Iconsidere par le C.C.U.: September 20 septembre, 2016 Enacted by Council/Approuve par le Conseil: Section 39 Conditions — 200-202 Westmorland Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 5156 square metres, identified as Parcel "A" on the Fernhill Cemetery Company Subdivision plan, shall be subject to the following conditions: a) The use of the site shall be restricted to a funeral service and accessory uses. b) That the landscaping required for any development on the site be illustrated on a detailed site plan, to be prepared by the applicant and subject to the approval of the Development Officer, which shall be attached to the building permit for the proposed development. 209 Received Date October 11, 2016 Meeting Date October 17, 2016 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Fee Structure for City Services to ABC's Background: We constantly speak of ways that we can increase our revenues. We also speak of ways to reduce our funding to our ABC's, Boards, etc. I believe that we should have a policy that if we subsidy or give a grant to any ABC, group or organization especially the ones that we give large amounts of money that it be mandatory that when that ABC requires legal, IT, rental of facilities,financial and perhaps other services that they be required to request these services from the city first as long as our cost for the service is competitive. The amounts for our service fees can be deducted from their subsidy or grant. This would require us to have a policy with our fees set up and available. I realize that timing for these services would have to be considered but it might be beneficial for us financially. Motion: To request that our departments under the direction of the City Manager set up a fee structure for services so that commencing January 2017 all ABCs, Boards and Groups obtaining funding from the city be required to request their services such as: legal, financial, IT, facility rentals and perhaps others from the city first. Also any services that we may provide presently on a no cost basis be charged according to our fee structure commencing January 1st. 2017. Respectfully Submitted, (Received via email) Shirley McAlary Deputy Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E21 - 4L1 ---- — I PA to] Received Date October 11, 2016 Meeting Date October 17, 2016 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Taxi ByLaw Background: The taxi service in our city under our new bylaw doesn't seem to be working too well according to the calls that I receive from citizens. It stresses me a great deal to know that our citizens who are on a fixed income, unemployment, retirement, low income are having the most difficult time with paying the increase in the fare structure with the meters in place. In many situations a taxi is their only way to travel to their doctor appointments, purchase groceries etc as the Transit system does not and can not fit their schedule. The most important point that affects our citizens is the "uncertainty" of what the fare will be with the meter system. With the winter season soon approaching the stress being caused within our citizens is much greater and many are fearful of being "house bound". The other major issue is that because of the wording in the bylaw there are apparently flaws that have caused the taxi industry or at least some to discontinue the fare structure and just charge whatever they see fit. The Saint John Police Force has not been able to enforce the bylaw because of the language in the bylaw. Motion: I would request that the Saint John Taxi Advisory Committee be requested to meet and report back to Council on these issues by the end of November. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I 211 F COUNCIL REPORT M&C No. MC 2016-217 Report Date August 16, 2016 Meeting Date August 22, 2016 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Request to Build Two Dwellings 0 Free Lane & 50 Columbus Drive OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kristen Flood /Mark Reade Phil Ouellette and Jacqueline Hamilton Jeff Trail RECOMMENDATION Staff recommend that Common Council deny the applicant's request to construct two dwellings, one at 0 Free Lane and one at 50 Columbus Drive, in accordance with Section 2.7(2) of the Zoning By-law due to unsatisfactory arrangements for access to the site. EXECUTIVE SUMMARY On July 11, 2016 Common Council tabled a request to build two dwellings on the subject site to allow staff time to conduct additional background research, request additional information from the Department of Transportation and Infrastructure, and provide information on the cost of maintaining the Acamac Backland Road. This report provides the additional information. PREVIOUS RESOLUTION On July 11, 2016, Common Council resolved that the matter be tabled and that the City Manager be directed to obtain information from the Department of Transportation and Infrastructure concerning the policy/practice of the maintenance of the provincial service road in question. STRATEGIC ALIGNMENT Consistent with the Municipal Plan, the City is seeking to right -size infrastructure: PAN -2 - Council shall generally not accept the dedication of new public streets within the Rural Resource Area designation unless Council determines that the new roadway is necessary to provide safe access to the development or is necessary to improve connectivity between developments in the general area. (PlanSJ, Policy LU -99) REPORT JURISDICTION OF COMMON COUNCIL Section 2.7(2) of the Zoning By-law provides for the denial of a building permit application by Common Council, should Council deem that satisfactory servicing does not exist for the development. ANALYSIS Background On July 11, 2016, Common Council considered a request from Michael Boyle seeking permission to build a dwelling at 50 Columbus Drive (PID no. 00289462) and a dwelling at 0 Free Lane (PID no. 55043228). The proposed dwellings would be accessed from Acamac Backland Road. It is the opinion of the Development Officer that the subject sites do not have satisfactory access; therefore, the proposed development of these lands requires the approval of Common Council through Section 2.7(2) of the Zoning By-law. Our office received an email from the Department of Transportation on June 29, 2016 stating that if the City approves additional development along the Acamac Backland Road, the Province will seek to turn it over to the City. This is consistent with the past approach taken by the Province regarding development accessed by the road. Common Council tabled the request to allow staff time to obtain information from the Provincial Department of Transportation and Infrastructure concerning the policy/practice of the maintenance of the provincial service road in question. This report will provide additional information about the site and neighbourhood and respond to the following questions: • What is the Department of Transportation and Infrastructure's policy/practice of the maintenance of the Acamac Backland Road? • What is the potential cost to the City of maintaining the Acamac Backland Road? Ph 191 -3- • Could the Department of Transportation and Infrastructure transfer the administration and control of the Acamac Backland Road to private landowners? • Why would the Department of Transportation and Infrastructure seek to transfer the administration and control of the Acamac Backland Road due to this proposal? • Could trailers be established on the subject sites instead of dwellings? • What are the challenges with inappropriate access? Site and Neighbourhood The subject site is in an isolated location well outside of the Primary Development Area established in the City's Municipal Plan. The site is located in close proximity to the City's western boundary and is comprised of two parcels of land with a total area of approximately 14.4 hectares. Both parcels are wooded and the parcel located at 0 Free Lane (PID no. 55043228) fronts on Kelly La ke. The neighbourhood has two existing seasonal dwellings located at 42 Columbus Drive, and 29 Columbus Drive and an existing primary dwelling located at 88 Free Lane, The dwellings located at 88 Free Lane and 42 Columbus Drive were constructed in the late 1970's and 1980s based on information available from Service New Brunswick. Community Planning & Development's property files, which date back to 1979, do not contain any information with regards to these two specific properties and no building permits were identified as being issued for the properties. The cottage located at 29 Columbus Drive was constructed in 2007 following issuance of a building permit and received Council approval. This approval was subject to a Section 101 agreement setting out the following: i. the use is limited to a cottage/camp for seasonal use, ii. the access must be developed and maintained by the applicant in compliance with the National Building Code standard for access route design, and iii. the applicant agrees that the City does not provide the full range of municipal services to the property. Proposal The applicant proposes to sell the two properties to prospective purchasers for the development of two residential dwellings — one on each property. The prospective purchasers propose to build a year-round dwelling with a ground floor area of approximately 112 square metres with an attached garage and a PAE1 -4 - seasonal dwelling with a ground floor area of approximately 112 square metres with a detached garage. The applicant estimates that these new dwellings would have an assessed value of $ 250,000. Staff note there is no guarantee regarding the assessed value of the dwellings and the corresponding tax lift to the City. Staff have reviewed the assessed value and property tax levies of the two seasonal and permanent dwellings in the area and this information is provided in Table 1. Staff note that cottages and recreational properties pay a higher property tax as they are not eligible for the credit on the Provincial portion of the property tax that applies to permanent primary owner -occupied residences. Table 1.0 Property Values — Application Area SNB Assessment Total Tax Levy Tax Lift to City ($1.785/ $100 of assessment) 29 Columbus Drive $ 137,800 $ 4043.37 $ 2459.78 42 Columbus Drive $ 30,600 $ 895.88 $ 546.21 88 Free Lane $ 69,900 $ 1239.25 $ 1239.25 Note: 29 Columbus Drive — Listed as cottage by Service New Brunswick 42 Columbus — Listed as cottage by Service New Brunswick 88 Free Lane — Listed as Residence by Service New Brunswick What is the Department of Transportation and Infrastructure's policy/practice of the maintenance of the Acamac Backland Road? City Staff have had additional correspondence with Alan Kerr, District Engineer for the New Brunswick Department of Transportation and Infrastructure (NBDTI). The roadway in question was an unmaintained public right-of-way that was severed with the construction of the Route 7 four -lane highway. The City of Saint John did not provide maintenance to this unmaintained public right-of- way. As a result, the Department built a property access road to provide access from the Route 7 & 177 interchange and public and private right-of-ways in the area. An access road was also constricted on the western side of the interchange extending from the access to the landfill. The Department's position has been and remains, the property access road and the level of service received is not intended to service further development. Previous correspondence between the Department and the City has stated that if the City approves further development on the Acamac Backland Road the Department will transfer administration and control of the property access road to the city. With respect to winter maintenance of the property access road, City Staff are if the understanding based on conversations with NBDTI that the property access PhM -5 - road is plowed in the winter months, but that these are the lowest priority plow routes meaning they are plowed following the completion of all other roads maintained by NBDTI. What is the potential cost to the City of maintaining the Acamac Backland Road? Municipal Operations staff commented that the annual anticipated maintenance costs for the maintenance of the 1.7 kilometre portion of the Acamac Backland Road required to provide access to the subject sites would be approximately $34,596 (annually). This includes snow plowing as a Priority 4 roadway under the City's Winter Management Plan during the winter months and road grading and ditch maintenance during the summer months. Typically grading of gravel roads is done twice a year, and on an as -needed basis after major rain events. It should be noted that this estimate does not include the cost of providing emergency services to the site or solid waste collection. While the proponent has not requested solid waste collection at this time, service expectations change over time and as residences change hands. Municipal Operations staff have witnessed the escalation in service demands in other areas of the City. The provision of additional services to the properties would come with increased costs. Over the longer-term approval of this application and possibly future applications in the area for additional residential development could result in roadway upgrades, such as paving of these gravel access roads, being requested by the area property owners. This work would have to be funded through the City's annual capital budget and would essentially compete with other capital projects that benefit a larger number of City residents. The estimated cost of paving the 1.7 kilometre section of roadway would be approximately $600,000 - $700,000 and this would be an ongoing cost with the roadway being resurfaced at 15 to 20 year intervals. Could the Department of Transportation and Infrastructure transfer the administration and control of the Acamac Backland Road to private landowners? Common Council, at its July 11, 2016 meeting, raised the possibility of the Department of Transportation transferring the administration and control of the Acamac Backland Road to the private landowners who would benefit from the access rather than to the City. Staff explored this option and determined that while possible, transferring of the administration and control of the Acamac Backland Road from the province to private landowners would be administratively complex. The Department of Transportation would have to initiate the process, and all the owners of land Ph 1.1 that is accessed by the road would have to sign a legal agreement, which would require them to collectively assume the administration and control of the road. This agreement would include landowners who currently use the Acamac Backland Road to access woodlots and previously established seasonal dwellings at no expense. Why would the Department of Transportation and Infrastructure seek to transfer the administration and control of the Acamac Backland Road due to this proposal? The Department's position has been and remains, the property access road and the level of service received is not intended to service further development. The current level of servicing is provided as a result of changes to access to existing properties brought about by new highway construction. Could trailers be established on the subject sites instead of dwellings? Under the Zoning By-law the properties are zoned Rural (RU) and a recreational vehicle, such as a travel trailer, could be placed on the properties and used as a recreational dwelling. A mobile or mini -home is a permitted use in the Rural (RU) zone; however, due to the lack of satisfactory access to the sites, such a proposal would require Council approval pursuant to Section 2.7(2) of the Zoning By-law. What are the challenges with inappropriate access? As mentioned in the previous Council Report regarding this proposal, there are challenges with inappropriate access. These challenges include emergency access to the site and expectations for future roadway upgrades. A review of the Building & Inspection Services files for the properties located in the surrounding area has revealed that two seasonal dwellings accessed by the Acamac Backland Road have been destroyed by fire during the winter months in the past six years. The seasonal dwelling located at 130 Columbus Drive burnt in February of 2010, and the seasonal dwelling located at 88 Free Lane burnt in February of 2013. This history of fires in the area that cannot be extinguished in time to prevent the dwellings from burning indicates that emergency access to the site has been an issue in the past, and will likely be an issue in the future. As previously stated, the possibility of the City being required to conduct future roadway upgrades to the Acamac Backland Road to meet the expectations of local property owners is undesirable as these costs could are estimated to be in the magnitude of $ 600,000 - $ 700,000 and expended on an ongoing basis at 15 to 20 year intervals. If the City were to make any future upgrades to the Acamac PAN Backland Road, it would do so at the expense of taxpayers living elsewhere in the City. Due to the lack of year-round, all-weather access and the potential for future roadway upgrades, Staff are of the opinion the development does not meet the test established in Section 2.7 (2) of the Zoning By-law in that satisfactory provision for access to the development does not exist. Additionally, if Common Council approves this request to build two dwellings and thereby assumes the administration and control of the Acamac Backland Road, the decision will set a precedent. As a result, the owners of other properties located along the Acamac Backland Road and other private accesses or substandard roads may expect Common Council to approve similar residential development proposals. This may trigger much larger operational expenditures and capital investments associated with the maintenance of these roads. This represents a significant issue to the City given the fiscal pressures on the maintenance and upgrading of existing City roadways and the fact that that the cost to upgrade these roadways would be borne completely by taxpayers living elsewhere in the community. Conclusion Consistent with the previous recommendation, staff recommend that Council not authorize the construction of the proposed dwellings on Free Lane and Columbus Drive. Vehicular access to the subject site can only be provided by a gravel service road owned and maintained by the Province for non-residential resource purposes. There is no precedent for approving the construction of a full-time dwelling and the proposal presents significant risks to the City with respect to servicing and maintenance costs on an ongoing basis. As a result approval of the application is not recommended due to the financial risk associated with respect to additional roadway maintenance and possible capital improvements that could be incurred by the City. SERVICE AND FINANCIAL OUTCOMES The future expectations of property owners along a provincial service road for municipal services are considered in the analysis of the proposal. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by the City's Transportation and Environment Service Area and the New Brunswick Department of Transportation and Infrastructure. PAF -11 ATTACHMENTS E -Mail correspondence from Allan Kerr, New Brunswick Department of Transportation and Infrastructure dated August 5, 2016 Council Report from July 11, 2016 Common Council Meeting Reade, Mark From: Ouellette, Phil Sent: August -05-16 5:21 PM To: Reade, Mark; Flood, Kristen Cc: Poffenroth, Amy; Hamilton, Jacqueline Subject: FW: Proposed Residential Development - Acamac Backland Road HI folks, I connected With Alan Kerr earlier today and he sent over the following cm,qA on the Acamac Backland Road matter. I hope this is what we were looking for (sounds like it). Have a great weekend, Phil From: Kerr, Alan (DTI/MTI) [mailto:Alan.Kerr@gnb.ca] Sent: Friday, August 05, 2016 5:14 PIVI To: Ouellette, Phil Subject: FW: Proposed Residential Development - Acamac Backland Road From: Kerr, Alan (DTI/MTI) Sent: Friday, August 5, 2016 5:10 PIVI To: 'phi I.ouellette@sa i njohn.ca' Cc: Clifford, George (DTI/MTI) George. Clifford (d)a n b. ca) Subject: FW: Proposed Residential Development - Acamac Backland Road As discussed, the Acamac Backland Road is a municipal street that was severed with the construction of the Route 7 four -lane highway. The Department built a property access road to connect the Acamac Backland Road to the Route 7 & 177 interchange. The Department committed to providing limited services to the access road and a portion of the Acamac Backland Road due to the fact that there was an existing apartment and home on the road at the time. The Department's position has been and remains, the property access road and the level of service received is not intended to service further development. Previous correspondence between the Department and the City has statec� that if the City approves further development on the Acamac Backland Road the Department will transfer administration and control of the property access road to the city. wvmff� 111111 ir 1111 : 1 11 1 1 i M From: Ouellette, Phil [ma ilto: Phil. Ouellette(a)sa i ntiohn.ca] Sent: Wednesday, August 3, 2016 9:57 PIVI PIXII To: Kerr, Alan (DTI/MTI) Subject: FW: Proposed Residential Development - Acamac Backland Road Hi Alan, I was able to connect with your colleague last Friday on this matter and mentioned that you would be back in the office by Wednesdav and hoping we can connect sometime in the coming two dans to detail what it is we are looking for to close the loop on this matter. Are you free to chat for 10 minutes sometime on Thursday or Friday? Let me know. Take care, Phil Ouellette 333-7999 From: Flood, Kristen Sent: Wednesday, July 20, 2016 1:25 PM To: Kerr, Alan (DTI/MTI) Subject: RE: Proposed Residential Development - Acamac Backland Road Mr. Kerr, On July 11, 2016, Common Council considered a request from Michael Boyle seeking permission to build a seasonal dwelling at 50 Columbus Drive (PID no. 00289462) and a dwelling at 0 Free Lane (PID no. 55043228). The proposed dwellings would be accessed from Acamac Backland Road. It is the opinion of the Development Officer that the subject sites do not have satisfactory access; therefore, the proposed development of these lands requires the approval of Common Council through Section 2.7(2) of the Zoning By-law. We received an email from you on June 29, 2016 stating that if the City approves additional development along the Acamac Backland Road, the Province will seek to turn it over to the City (see email below). Common Council tabled the request to allow staff time to request additional information from the Department of Transportation. Could you please provide us with a letter outlining the rational for transferring the administration and control of the Acamac Backland Road to the City if additional residential development is approved along that road? Could you also provide the reasons why the province currently maintains the road and a description of the maintenance? I would appreciate receiving your comments by July 29, 2016 regarding this matter. Should you have any questions please contact me at 506. 658.4528 or by e-mail at kristen.floodasaintiohn.ca. Thank you, Kristen From: Kerr, Alan (DTI/MTI) [mailto:Alan.Kerr@)anb.ca] Sent: 3une-29-16 1:40 PM To: Flood, Kristen Cc: Clifford, George (DTI/MTI); Fournier, Pierre (DTI/MTI) Subject: FW: Proposed Residential Development - Acamac Backland Road 1i1 221 As discussed, the Department's position remains that, the portion of the Acamac Backland Road within the highway right-of-way was not intended for use to access residences. If the City approves additional development in this area the Department will transfer administration and control of the road to the City. Please let me know if you have any questions or require additional information. Thanks Alan Kerr, P.Eng. District Transportation Engineer From: Flood, Kristen[ma ilto:Kristen .FloodCa)saintiohn.ca] Sent: Tuesday, June 28, 2016 4:09 PM To: Kerr, Alan (DTI/MTI) Cc: Reade, Mark Subject: Proposed Residential Development - Acamac Backland Road Hi Mr. Kerr, As discussed, we received a letter from Gerald A Goguen at DoT in 2000 regarding a proposed residential development accessed by the Acamac Backland Road. The letter is page 13 of the attached document. The rest of the document provides information on the present proposal to construct two dwellings on properties accessed by the Acamac Backland Road. Please do not hesitate to contact me if you have any questions or concerns. Thank you, Kristen Kristen Flood yllainineii, Growth & Coin umii„ fifty III evellculpiment FeoMces a ity of " aInt John (1306(6 3 8-4328 (1306)6138-2837 Kristen.Flood@saintiohn.ca This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to whom it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this e- mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this e-mail in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is appreciated. Le present courriel (y compris toute piece jointe) s'adresse uniquement a son destinataire, qu'il soit une personne ou un organisme, et pourrait comporter des renseignements privilegies ou confidentiels. Si vous n'etes pas le destinataire du courriel, it est interdit d'utiliser, de revoir, de retransmettre, de distribuer, de disseminer, de copier ou d'imprimer ce courriel, d'agir en vous y fiant ou de vous en servir de toute autre fagon. Si vous avez requ le present courriel par erreur, priere de communiquer avec 1'expediteur et d'eliminer ('original du courriel, ainsi que toute copie electronique ou imprimee de celui-ci, immediatement. Nous sommes reconnaissants de votre collaboration. This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to whom it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this e- mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this e-mail in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is 0% appreciated. Le present courriel (y compris toute piece jointe) s'adresse uniquement a son destinataire, qu'il soit une personne ou un organisme, et pourrait comporter des renseignements privilegies ou confidentiels. Si vous n'etes pas le destinataire du courriel, it est interdit d'utiliser, de revoir, de retransmettre, de distribuer, de disseminer, de copier ou d'imprimer ce courriel, d'agir en vous y fiant ou de vous en servir de toute autre fagon. Si vous avez requ le present courriel par erreur, priere de communiquer avec 1'expediteur et d'eliminer ('original du courriel, ainsi que toute copie electronique ou imprimee de celui-ci, immediatement. Nous sommes reconnaissants de votre collaboration. p Jr COUNCIL REPORT M&C No. MC 2016-183 Report Date July 05, 2016 Meeting Date July 11, 2016 Service Area Growth and Community Development Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT: Request to Build Two Dwellings 0 Free Lane & 50 Columbus Drive OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kristen Flood Jacqueline Hamilton Jeff Trail RECOMMENDATION 1. That the applicant, Michael Boyle, be permitted to address Common Council regarding the application and to answer any questions that Council may have regarding the matter. 2. That Common Council deny the applicant's request to construct two dwellings, one at 0 Free Lane and one at 50 Columbus Drive, in accordance with Section 2.7(2) of the Zoning By-law due to unsatisfactory arrangements for access to the site. EXECUTIVE SUMMARY On April 14, 2016, Michael Boyle submitted a letter seeking permission to build two dwellings, one at 0 Free Lane and one at 50 Columbus Drive, with access from Acamac Backland Road adjacent to N.B. Highway No. 7 (Martinon By -Pass). Prior to submitting the request, Mr. Boyle was informed that building permits could not be issued for the construction of either dwelling, as the camp is located in a remote area of the City without public roadway access. Access to the property is provided through a provincial service road. Community Planning and Development Staff have reviewed the application with other service areas and external agencies. Although advances in technology allow for certain services such as telephone and electrical power to be adequately provided to these types of dwellings, Staff do not recommend approval of the development on the basis of concerns with the existing access which does not meet City standards. 18101 -2 - PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT JURISDICTION OF COMMON COUNCIL While development applications normally come to Common Council in the form of a recommendation from the City's Planning Advisory Committee, in this case the development is on existing lots, involves a use that is permitted by the Zoning By-law, and does not require any variances from the Zoning By-law. The only development approval required in these cases is the issuance of a Building Permit. In this case, the lack of provision of satisfactory access to the site prevents the Development Officer from endorsing the Building Permits. Such applications that cannot be endorsed by the Development Officer due to a lack of satisfactory servicing or access are within the jurisdiction of Common Council. Section 2.7(2) of the Zoning By-law provides for the denial of a building permit application by Common Council, should Council deem that satisfactory servicing does not exist for the development. "Council may prohibit the erection of any building in respect of which in the opinion of Council, satisfactory arrangement has not been made for the supply of electric power, water, sewerage, street or other services or facilities." As a result of the access not being satisfactory to the Development Officer, Staff have brought this matter forward to Common Council in accordance with Section 2.7(2) of the Zoning By-law as this is a broader policy matter. ANALYSIS Proposed Development Site The subject site is located in close proximity to the City's western boundary and is comprised of two parcels of land with a total area of approximately 14.4 hectares. Both parcels are wooded and the parcel located at 0 Free Lane fronts on Kelly Lake. OR -3 - Municipal Plan and Zoning The subject site is primarily designated Rural Resource with the western and eastern portions of the site designated Park and Natural Area by the Municipal Plan. While residential development on existing lots is permitted in Rural Resource areas, the lots must have direct frontage on a Public Street. As areas designated Park and Natural Area often include environmental features such as wetlands and watersheds, development is discouraged in these areas. The properties are zoned Rural (RU) which allows for the use of the development of a one -unit dwelling, subject to the provision of access and services. Site Servicing and Access The applicant proposes to access to the site from the Acamac Backland Road. This service road is within the provincial highway's 150 -metre wide right-of-way. The road has a granular width of 7.5 metres, with suitable ditching along both sides. Vehicular access from the highway to this service road is approximately 2 kilometres north of the subject property. This access road was constructed when the Province of New Brunswick constructed the Martinon By -Pass Highway, it severed the undeveloped Acamac Backland Road right-of-way. According to the Department of Transportation, a gravel service road was constructed by the Province along both sides of this portion of the highway to provide access to lands, not access for year round residential development. There are three accesses, including Free Lane, that intersect this provincial service road. Free Lane is a private access not far from Yellow Gate Lane, a former mining road. At the end of the 2 -kilometre provincial service road, is an undeveloped portion of Acamac Backland Road where the property at 1070 Acamac Backland Road is situated. This property was the subject of a satisfactory servicing application that Common Council denied at its meeting of September 30, 2002 due to the lack of sufficient access. Challenges with Inappropriate Access Given the lack of direct public road access, which does not meet the standards of the building and fire codes, emergency response to the site may be restricted. In addition, as no maintenance services such as snow removal are provided along the land based portions of the existing access, the expectation could exist for the City to provide such services in the future. These two issues are discussed in more detail below. WOU -4- • Emergency Access - The property does not have direct, year-round, all- weather access from a Public Street and snow removal is not provided to the Acamac Backland Road by the City as this service road is owned and maintained by the province. The Saint John Fire Department has commented that adequate emergency response can be provided to the subject sites on the condition that, as proposed, access to the sites is provided from the Acamac Backland Road. However, as staff from the provincial Department of Transportation have confirmed that they do not provide timely snow removal to the Acamac Backland Road, it may be difficult for emergency vehicles to access the site in winter. • Future Roadway Ownership & Upgrades - The future expectations of property owners along a provincial service road for municipal services must also be considered. From the City's past experience with private accesses, even when present landowners accept the condition of a substandard or private roadway and lack of other services (i.e., potential delay in emergency response, no road maintenance or snow ploughing, and no garbage collection), they, or a subsequent landowner, often seek improved service over time. If the province requires the City to own the Acamac Backland Road, the cost of maintaining and possibly upgrading the road must be borne completely by taxpayers living elsewhere in the community. Due to these constraints, lots which do not directly abut a Public Street are no longer approved by the Development Officer. Due to the lack of year-round, all-weather access and the potential for future roadway ownership and upgrades, Staff are of the opinion the development does not meet the test established in Section 2.7 (2) of the Zoning By-law in that satisfactory provision for access to the development does not exist. Despite Staff's recommendation regarding the application, Staff also recommend that the applicant be granted the opportunity to address Common Council regarding the matter as the final authority with respect to the application rests with Council. This will provide for an open and transparent process and allow Common Council to pose questions regarding the matter to the applicant. Conclusion Consistent with past applications it is recommended that Council not authorize the construction of any dwelling in a remote area of the City where satisfactory access to the development is not provided. Vehicular access to the subject site can only be provided by a gravel service road owned and maintained by the Province for non-residential purposes. Without the Province's support, the City cannot approve the construction of dwellings that would propose to use such access. PGOAM -5 - SERVICE AND FINANCIAL OUTCOMES The future expectations of property owners along a provincial service road for municipal services are considered in the analysis of the proposal. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Department of Transportation position remains that, the portion of the Acamac Backland Road within the highway right-of-way was not intended for use to access residences. If the City approves additional development in this area the Department will transfer administration and control of the road to the City. Fire Department vehicles shall have direct access to at least one face of every building by means of a street, yard or roadway in conformance with the NBC. Building and Technical Services staff commented that the National Building Code indicates that access must be provided to the buildings (each) for fire department equipment by means of a street, private roadway or yard. Where access is by means of a private roadway or yard, the design and location of the connection has to take into consideration the weight of the fire equipment, width of road, curve radius, etc. Infrastructure Development has the following comments regarding the request to build a dwelling at 0 Free Lane and 50 Columbus Drive: • The subject PIDs do not abut a public City street. • No municipal services (water, sanitary, or storm sewer) are available for connection. • Absolutely no storm water can be directed to adjacent lands. ATTACHMENTS PJQ-13 N N LL 1 ITEM 0 CL III 0 75 LO od LL 1 ITEM 0 CL III O N (Y) N Q > .2 $ 0 � 0 O � LO � Q c m � . 2 Q L 0 LL \ • 3 / O , Q ( Cl) $ f � CO � CO � g ._ N q N q q N FRS( 1 U FNDY HEGO'NA,i SERVICE CD&ISWN September 22, 2016 Jeff Trail City Manager City of Saint John P.O. Box 1971 Saint John, NB E2L 41A Dear Mr.'Trail:- cc - ")RF COMWSSION DE SERKES REGIONAUX DE FUNDY At the meeting of the Board of the Fundy Regional Service Commission, held September 22, 2016 the following motion was adopted. Motion: To have the Board Members take the 2017 draft budget to their respective communities for their information as required by the legislated 45 -day notice and then bring back any comments or concerns to the October meeting; at which time the vote to approve will take place. Attached you will find the 2017 Draft budget for you review. If you require any further information or have any questions, please do not hesitate to contact me. Sincerely, Marc MacLeod Executive Director F.C), Box 3032 G Gji,and Bay Wesffi(dd I S,� tfl- Jo['mi d New Brumswkik I ESK 4V3 WEE mNw.frsc.ca Fundy Regional Service Commission Operating Fund Budget For the Year ended December 31, 2017 Budget Budget 2016 r 2017 Revenue S Corporate and Local Planning Services Contributions from LSCS Contributions from Municipalities Contributions from Landfill Second Previous Surplus Sub -total Landfill Tipping Fees Municipal/Business Solid Waste Construction & Demolition Tires Inlemationat Ship's Waste Asbestos Compostable Organics Electronics Recycling Paint Revenue Electrical Generation Interest Sale of Compost Recycling Other Surplus of second praVous year Sub -total Total Revenue Less: Contributions to Corporate Expenditures Budget Total Revenue CORPORATE SERVICES Corporate Governance Administration Subtotal Corporate Cooperative & Regional Planning Services Regional Planning Regional Policing Collaboration Regional Emergency Measures Planning Regional Sport, Recreation & Culture Infrastructure Planning & Cost-Shanng Subtotal Cooperative & Regional Planning Services Local Planning Services Planning Services Inspection Services Subtotal Planning & Building Inspection Services CORPORATE SERVICES SUB -TOTAL LANDFILL SERVICES Solid Waste Administration Office and Administration Professional Services Site Security Personnel Insurance Property Taxes Subtotal Administration Environmental Health & Safety W ages/Benefits Administration Domestic Well Sampling On Site Well Sampling Sub -total Environmental H & S Household Hazardous Waste Disposal Cost Electrical Building Maintenance Equipment Sub -total Household HW Public Education Wages and Benefits Advertising, tours, promotional materials Administration Sub -total Public Education 107,244 89,162 44,198 37,574 208,951 211,613 184,044 177,485 544,437 515,834 6,912,000 6,804,000 224,000 168,000 3,000 3,750 5,000 2,000 5,600 7,000 224,000 204,400 5,000 5,000 3,600 3,600 150,OOD 150,000 0 0 5,000 5,000 180,000 180,000 30,000 30,000 166,370 91,867 7,913,570 7,654,617 8,458,007 8,170,451 208,951 211,613 8,249,056 7,958,838 68,000 68,800 208,585 210,880 276,585 279,680 2,500 3,125 2,5D0 0 2,500 D 2,500 6,875 10,000 10,000 98,350 90,742 159,501 135,412 257,851 226,154 544,436 515,634 67,875 66,912 124,500 119,OD0 4,200 5,700 180,799 181,896 130,200 155,200 233,100 234,150 740,674 762,858 81,855 85,620 6,750 7,45D 11,100 11,950 44,500 45,000 144,205 150,020 25,000 25,000 5,00D 6,000 3,OOD 7,000 4,500 4,500 37,500 42,500 140,314 138,498 90,600 98,550 23,550 22,850 254,464 257,898 80,125 76,435 I191•J Budget Budget 2016 2017 Landfill Cover Material 130,000 130.500 Site Labour 677,120 761,836 Site non -labour operation (cell) 380,684 345,674 Site maintenance -roads, grounds, mise. 32,800 42,300 Resort 0 6,041 Special waste handling 9,500 9,500 Sub -total Landfill 1,229,104 1,295,851 Scalehouse Equipment Replacement Reserve 0 0 WageslBenefils 145,021 149,106 Scale EquiplSupplieslBank Fees 37,300 29,200 Sub -total Scalehouse 182,321 178,306 Gas ManagementlElectrlcal Generation Labour 91,859 93,945 Administration 14,940 17,000 Electricity 3,000 3,000 Equipment Replacement 0 0 Equipment RepairslFuels 98,950 171,900 Sub -total GM/Electrical Generation 208,749 285,845 Fiscal ServiceslOther Debt Cost Landfill 172,672 171,647 Camposling 338,379 337,426 Cell Construction Fund 0 372,626 Capital Expenditures financed from Operating 1,461,000 670,OOD 2nd previous year deficit 0 0 Contributions to Corporate 208,951 211,613 Perpetual Care Fund 126,237 135,628 Host Community Enhancement 86,722 87,373 Support toCME 1 23,790 23,969 Sub -total Fiscal Services/Other 2,417,751 2,010,282 Leachate Leachate management 537,437 581,965 Sedimentation Ponds 34,500 52,500 Sub -total Leachate Management 571,937 634,468 Waste Diversion - Recycling Depot Program Equipment Replacement Reserve - drop off depot 0 0 Operations - Drop oft depot 775,390 677,872 Sub -total Recycling Depot Program 775,390 677,873 Waste Diversion - MRF Labour 405,034 435,311 Equipment Replacement 25,000 25,000 Operations 150,375 159,250 Sub -total MRF 580,409 619,561 Waste Diversion - Compostrng Program - PlantlCarts Equipment/Bldg Replacement Reserve -Composting 0 0 Processing 771,066 739,155 Sub -total -Composting -Plant 771,066 739,155 LANDFILL EXPENDITURES SUB -TOTAL 7,913,570 7.654.617 8,458,007 8,170,451 Excess revenue over expenditure for the period 0 -0 Less: Contributions to Corporate 208,951 211,613 Budget Total Expenditures 8,249,056 7,958,838 Budget Budget 2016 t 2017 Tonnage summary MSW 64,000 63,000 C & D 8,000 6,000 Special Tires 20 25 International Ships Waste 25 10 Asbestos 80 100 Special Waste 0 0 Organics 8,000 7,300 80,125 76,435 I191•J h V1 rl- co N wy E: 8 ol o ns r� r, rq , .0 MW 000 LQ Cz N ll" "ll 11 m T MI) N "A IND mm'r 0 N I m m Le) r'! 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IrO N U) I ti O O N O O U cti Q F- I O') N O') 6P} w w uj u auj w C=) >< cn c ` wuumtl L i ��maw,rMlnmwuww �� OOO-. N 0. H V CL 2 /WD V i �\ m coW O X ^ CO �_ cts (ti F4-1 N 0 Ir- O I N73 CO cor r m 0 O O U) ;TO _0 O O O nom,O W O 4-1 O D m O C/) O X �_ }� }+ c FZ o 0- O _� U COL O X N O U) CD 0 N o p o N O co co U') N I N N_ � N_ Nr-- ;T� � � �} �} � w w uj u auj a C=) >< Gµ Fn uuuumtl L f ri1 w W Z H ry E0 W 0— • � W j — �O C%) j m O O_ U) (ti �+ U c � O 4N .0 � ti O � U O �,x O Q Q U) Vim/ U N cm cm cm .— U U cj O4-1 U L _0 .� U_ a U)cm Ri N L O N N O L �> O I� m co W � � en ca uj 000o uj C=) >< 00 7— C) 00 C) C) C) 0 70 C) C) CD U- co C: rl-- 0 0 E 0 4-1 U) C: 0 0 0 73 CD CD rl-- CD co co 6�} CO Meeting Date I October 17, 2016 Deputy Mayor McAlary and Councillors, Subject: Authorization of Litigation The Committee of the Whole recommends that Common Council adopt the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on October 17, 2016, Common Council adopt the following: That the City Solicitor or his designate be authorized to commence legal proceedings by filing a Notice of Action with Statement of Claim Attached in the Court of Queen's Bench of New Brunswick against: Fairville Construction Ltd. and Aviva Insurance Company of Canada, as Surety, respecting asphalt concrete provided under Contract 2014-02: Hillcrest Drive Street Reconstruction." Sincerely, Don Darling Mayor SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I Meeting Date I October 17, 2016 Deputy Mayor McAlary and Councillors, Subject: Safe Clean Drinking Water Project — Advisor Services The Committee of the Whole recommends that Common Council adopt the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on October 17, 2016, Common Council adopt the following: 1. Council authorize expanding the scope of Frederick Blaney to include Construction Advisory Services; 2. Council authorize the payment of an amount not to exceed $46,800 plus disbursements and taxes per year for Frederick Blaney until Substantial Completion of construction of the Safe Clean Drinking Water Project for the purpose of providing P3 Project Management and Construction Advisory Services." Sincerely, Don Darling Mayor SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I rrz�� Meeting Date I October 17, 2016 Deputy Mayor McAlary and Councillors, Subject: Safe Clean Drinking Water Project — Independent Certifier Costs The Committee of the Whole recommends that Common Council adopt the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on October 17, 2016, Common Council adopt the following: That the City of Saint John enter into a Letter Agreement with Port City Water Partners in the form as presented to Committee of the Whole at its meeting held October 17, 2016 regarding the timing of the PA Parties' payment of their respective 50% share of the Independent Certifier ("IC") Costs." Sincerely, Don Darling Mayor SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I Pzf:1