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2017-04-03_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, April 3, 2017 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 March 20, 2017 1 - 10 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Parking Commission: Authorization of David Macdonald Canadian Corps of Commissionaires to Lay Information in Provincial Court (Recommendation in Report) 5.2 S. Stashick: Support for MoveSJ (Recommendation: Receive for Information) 12-12 5.3 C & M Osbome: Demolition of Jelly Bean Houses on Wellington Row 13-15 (Recommendation: Receive for Information) 5.4 Citizen Petition - Historic Jelly Bean Houses (Recommendation: Receive for 16-21 Information) 5.5 Town of Rothesay: Municipal Support to establish a Foreign Trade Zone (FTZ) in 22-22 Greater Saint John (Recommendation: Receive for Information) 5.6 The Hearts of Healthcare Team - Request for Sponsorship (Recommendation: 23-23 Receive for Information) 1 Poeta Sy: (L 5.7 FCM Legal Defense Fund (Recommendation: Refer to City Manager) 24-26 5.8 Contract No. 2017-08: Clyde Street Sanitary Sewer Installation 27-29 (Recommendation in Report) 5.9 Agreement with J. D. Irving, Limited - Fence Construction on a Municipal 30-35 Services Easement (PID # 55151245) (Recommendation in Report) 5.10 Engineering Services - West Side Sanitary Sewer and Storm Water Model 36-39 Development (Recommendation in Report) 5.11 Proposed Public Hearing Date - 307 Westmorland Road and 126-132 Station 40-42 Street and 39 Sewell Street (Recommendation in Report) 5.12 Public Information Session: Curve Avenue - Water, Sanitary, Storm and Street 43-45 Reconstruction (Recommendation: Receive for Information) 5.13 Public Information Session: Pokiok Road and McLellan Street - Water, Sanitary, 46-48 Storm and Street Reconstruction (Recommendation: Receive for Information) 5.14 Contract No. 2017-09: Fallsview Drive - Water Service Extension 49-51 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Canadian Oncology Nursing Day - April 4, 2017 52-52 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Supplementary Report Proposed Amendments to the Saint John Heritage 53-95 Conservation Areas Bylaw (3rd Reading) 11. Submissions by Council Members 11.1 Video of Open Council Meetings (Councillor Sullivan) 96-96 12. Business Matters - Municipal Officers 12.1 Zoning By -Law Text Amendments related to Medical Marijuana Production 97-101 Facilities 12.2 2017 Roadway Construction Projects 102-111 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda K 15. General Correspondence 15.1 Portage Atlantic Treatment Center - Request to Present 112-112 16. Supplemental Agenda 17. Committee of the Whole 17.1 Settlement Recommendation Employee No. 9372 113-113 18. Adjournment K3 City of Saint John Common Council Meeting Monday, April 3, 2017 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: 5:00 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Personnel Matter 10.2(4)0) C! Ville de Saint John Seance du conseil communal Le fundi 3 avril 2017 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous avez besoin des services en fran�ais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale 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 d6cisions a cet egard au cours de la s6ance publique 17 h — Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces-verbal — paragraphe 10.2(4) 1.2 Question relative au personnel — alinea 10.2(4)j) S6ance ordinaire 1. Ouverture de la s6ance 2. Adoption du proces-verbal 2.1 Proces-verbal du 20 mars 2017 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Commission sur le stationnement de Saint John : autorisation de David Macdonald, membre du Corps canadien des commissaires, concernant le dep6t des sommations a la Cour provinciale (recommandation figurant au rapport) 5.2 S. Stashick : soutien d'EnMouvementSJ (recommandation : accepter a titre informatif) 5.3 C & M Osborne: d6molition de maisons « Jelly Bean » dans le rang Wellington (recommandation : accepter a titre informatif) 5.4 Petition des citoyens — Maisons « Jelly Bean » patrimoniales (recommandation : accepter a titre informatif) 5.5 Ville de Rothesay : soutien de la municipalit& pour 1'&tablissement d'une zone franche (FZ) dans la r6gion du Grand Saint John (recommandation accepter a titre informatif) 5.6 Equipe The Hearts of Healthcare — Demande de commandite (recommandation : accepter a titre informatif) 5.7 Fonds de d&fense juridique de la F&d&ration canadienne des municipalit&s (FCM) (recommandation : transmettre au directeur g&n&ral) 5.8 Contrat ri 2017-08 : Installation des &gouts sanitaires de la rue Clyde (recommandation figurant au rapport) 5.9 Entente avec J.D. Irving, Limited — Construction d'une cl6ture sur une servitude pour services municipaux (NID 55151245) (recommandation figurant au rapport) 5.10 Services d'ing&nierie — Elaboration d'un mod&le pour les &gouts sanitaires et les eaux pluviales du quartier West Side (recommandation figurant au rapport) 5.11 Date pr&vue d'une audience publique relativement au 307, chemin Westmorland, au 126-132, rue Station et au 39, rue Sewell (recommandation figurant au rapport) 5.12 S&ance d'information publique : Avenue Currie — Conduite d'eau, &gouts sanitaires et pluviaux, et travaux de r6fection de la rue (recommandation accepter a titre informatif) 5.13 S&ance d'information publique : chemin Pokiok et rue McLellan — Conduite d'eau, &gouts sanitaires et pluviaux, et travaux de r6fection des rues (recommandation : accepter a titre informatif) 5.14 Contrat ri 2017-09 : promenade Fallsview — Prolongement du service d'eau (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ&e annuelle des soins infirmiers en oncologie du Canada — 4 avril 2017 8. D616gations et pr6sentations 9. Audiences publiques —18 h 30 10. Etude des arret6s municipaux 10.1 Rapport complementaire : Projet de modification de 1'Arrete concernant les aires de conservation du patrimoine de Saint John (troisieme lecture) 11. Interventions des membres du conseil 11.1 Video des seances publiques du conseil (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Modifications au texte de 1'Arrete de zonage relatif aux installations de production de marijuana therapeutique 12.2 Projets de construction d'une route pour 2017 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Centre de traitement de Portage Atlantique — Demande visant a se presenter levant le conseil 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Procedure de reglement recommandee concernant le numero d' employe 9372 18. Levee de la seance MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 20, 2017 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 Commissioner of Transportation and Environment M. Hugenholtz Commissioner Growth and Community Development J. Hamilton Commissioner Finance and Administrative Services K. Fudge Commissioner Saint John Water B. McGovern Common Clerk J. Taylor Administrative Officer R. Evans 1. Call to Order The Mayor called the meeting to order. 2. Approval of Minutes 2.1 Minutes of March 6, 2017 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on March 6, 2017 be approved. MOTION CARRIED. 3. Approval of Agenda 17.1 Insurance Services; 17.2 Saint John Energy Optimization; 17.3 Letter of Support for Extended Hours at Local Bars; and 17.4 Letter of Support to ACOA for Funding for Market Square Boardwalk Stage. 4. Disclosures of Conflict of Interest (Councillor Armstrong entered the meeting.) S. Consent Agenda 5.1 That the submitted report M&C2017-067: Public Information Session: Morna Heights and Greenwood Subdivision - Wastewater Treatment Facilities Upgrades, be received for information. 5.2 Refer to Item 14.1 5.3 That as recommended by the City Manager in the submitted report M&C 2017-064: Designation of Inspection Officer, Common Council adopt the following: RESOLVED that: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C-12, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of this By-laws; AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council may authorize persons to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration of a by-law: NOW THEREFORE BE IT RESOLVED, that Gary Bennett, who is a City Inspector, is hereby authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C-12, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; WHEREAS subsection 93(1) of the Communitv Plannina Act provides that a council remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development: NOW THEREFORE BE IT RESOLVED, that Gary Bennett who is a City Inspector, is hereby authorized to, when a development is undertaken in contravention of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the contravention, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By- law, By-law number M-14, provides that Common Council may for the purposes of the administration and enforcement of the said by-law, appoint inspection officers who may exercise such powers and perform such duties as may be set out in the said by-law and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and/or the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Gary Bennett is hereby appointed as an inspection officer with respect to the enforcement of the Saint John Minimum Property Standards By-law which received first and second reading by Common Council on August 18, 2008 and third reading on September 2, 2008, being enacted upon approval by the Minister of Local Government, and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and/or the Municipalities Act, and this appointment shall continue until he ceases to be an employee of the Growth & Community Development Services department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and amendments thereto, (the "Municipalities Act") including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a council may authorize officers to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration the By-law: NOW THEREFORE BE IT RESOLVED, that Gary Bennett, City Inspector, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsiahtly Premises and Municipalities Act, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 5.4 That as recommended by the City Manager in the submitted report M&C 2017-058: Spring 2017 Debenture Application: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: [e1;1►1;1CL1Nto] ►U7 Protective Services $ 500,000 Transportation Services $ 3,700,000 Economic Development $ 300,000 Parks and Recreation $ 500,000 $ 5,000,000 TOTAL $ 5,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of five million dollars ($5,000,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of five million dollars ($5,000,000) at such terms and conditions as are recommended by the Corporation. 3. Commissioner of Finance be authorized to pay principal and interest charges on the above bond or debenture to the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debenture at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and at a term not to exceed 15 years for the issue related to the General Fund. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.5 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. ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first. 5.6 That the Letter from Port City Water Partners re Upcoming Public Information Sessions be received for information. 5.7 That as recommended by the City Manager in the submitted report M&C 2017-062: Museum of New York Department of Rights and Reproduction, Common Council approve the terms of the Permission for Use agreement for the reproduction of the image of Mayor Gabriel Ludlow for use in a commemorative booklet for Canada 150 and that the Mayor and Common Clerk be authorized to execute the Permission for Use agreement. 5.8 That the ARCf request for the City to remove Statues from Harbour Passage be referred to the City Manager. 5.9 Refer to Item 14.2. 5.10 That as recommended by the City Manager in the submitted report M&C 2017-060: Easement Acquisition — Portion of Civic #491 City Line, Common Council adopt the following resolution: 1. That the City acquire an Easement for Municipal Services in a 45.40 sq. m +/- portion of said PID # 389353, for $883.00 upon the terms and conditions set out in the Agreement of Purchase and Sale attached to M&C 2017-60; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted with the exception of items 5.2 and 5.9 which were identified for debate. 1► [QIM0114L1all all 1I191 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Purple Day — March 26, 2017 The Mayor proclaimed March 26, 2017 as Purple Day in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Proposed Zoning By -Law Amendment —139 Bav Crescent Drive (3rd 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 1,468 square metres, located at 139 Bay Crescent Drive, also identified as PID Number 00024364, from Rural Settlement Residential (RS) to Utility Service (US), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-39, A Law to Amend the Zoning By- law of the City of Saint John", was read in its entirety. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the bylaw entitled, "By -Law Number C.P. 111-139, 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 1,468 square metres, located at 139 Bay Crescent Drive, also identified as PID Number 00024364, from Rural Settlement Residential (RS) to Utility Service (US), be read a third time, enacted and the Corporate Common Seal affixed thereto. LTA 100000114Y1:k]k]11191 Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-39, A Law to Amend the Zoning By-law of the City of Saint John". 10.2 Weight Restrictions By -Law Amendment and Agreement (1St and 2nd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law Respecting Weight Restrictions within The City of Saint John enacted under the Authority of Section 262(1) of the Motor Vehicle Act, amending Schedule A Connection Routes, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law Respecting Weight Restrictions within The City of Saint John enacted under the Authority of Section 262(1) of the Motor Vehicle Act". Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law Respecting Weight Restrictions within The City of Saint John enacted under the Authority of Section 262(1) of the Motor Vehicle Act, amending Schedule A Connection Routes, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law Number MV -17 A Law to Amend a By -Law Respecting Weight Restrictions within The City of Saint John enacted under the Authority of Section 262(1) of the Motor Vehicle Act". 11. Submissions by Council Members Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-069: Central Peninsula Neighbourhood Plan Consultant Award, Common Council: 1. Award planning and urban design consulting services for the Central Peninsula Neighbourhood Plan to Urban Strategies Inc. at a cost of $173,840.00 plus applicable taxes; and 2. That the Mayor and Common Clerk be authorized to execute the consulting agreement. 1► WI[Q0114Y1all all 1I191 12.2 City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services Don Drackley, IBI Group, and Peter Allaby, Crandall Engineering, reviewed the submitted presentation. Some Council members expressed concern with providing further funding to the project at this time. The City Manager advised that this study was approved in the City's 2017 budget and that he recommends a tabling motion to allow staff to report back explaining why stage 2 of this project is necessary. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the submitted report M&C 2017-055: City of Saint John Transportation Strategic Plan Phase 2 Consulting and Engineering Services, be tabled pending a report from the City Manager. MOTION CARRIED with Deputy Mayor McAlary and Councillor Norton voting nay. 12.3 Engineering Inspection Services 2017 Responding to a question, the City Manager explained that this matter falls under the Procurement Act, which defines a local company as a company within the local province and not municipally located, so preference cannot be given to a company for being local to Saint John. Brian Keenan explained that the City often engages companies on a rotational basis and that a company can refuse if they do not have staff available at the time. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-057: Engineering Inspection Services 2017, Common Council authorize staff to establish supply agreements with the seven consulting firms noted in the report, at the hourly rates provided in this report totaling $435,000 plus HST for the provision of engineering inspection services for 2017 Capital Program projects. MOTION CARRIED. 14.1 Materials Testing and Construction Inspection Services for 2017 and 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-056: Materials Testing and Construction Inspection Services for 2017 and 2018, the proposal from Stantec Consulting Ltd., for Material Testing and Construction Inspection Services for 2017 and 2018 in the amount of $725,801.35 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. MOTION CARRIED with Councillors Armstrong, Lowe, and Merrithew voting nay. 14.2 Long Term Disability Group Insurance Policy, Great West Life Assurance Company Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-061: Long Term Disability Group Insurance Policy, Great West Life Assurance Company, the Mayor and Common Clerk be authorized to execute the Long Term Disability ("LTD") Insurance Policy with Great West Life Assurance Company for unionized employees of The City of Saint John and the Saint John Police Commission, further identified by Policy No. 165993GHA, for the period between January 1st, 2013 and December 31st, 2014, and the amended Policy, which took effect on January 1st, 2015 (collectively, the "Policy"). MOTION CARRIED. 15. General Correspondence 15.1 NB Power - Licence Renewal Process re Point Lepreau Nuclear Generating Station Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that Common Council send a letter of support to the CNSC and that the Mayor and/or Fire Chief provide a verbal submission at the upcoming hearing for license renewal for Point Lepreau. MOTION CARRIED. 15.2 Saint John Labour Community Services Worker Appeal Services May Day Fundraiser Dinner- May 1, 2017 Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that Common Council purchase a table in the amount of $700 for the Saint John Labour Community Services Worker Appeal Services May Day Fundraiser Dinner event. MOTION CARRIED. 16. Supplemental Agenda 16.1 Provincial Funding for West Side Splash Pad MOTION CARRIED with Councillors Casey and Merrithew voting nay. 16.2 Duke of Edinburgh Awards Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that Common Council present the Duke of Edinburgh awards at the April 3rd meeting. MOTION CARRIED. 17. Committee of the Whole 17.1 Insurance Services Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th, 2017, Common Council adopt the following: 1. That the official Agent of Record be changed to JM & CW Hope Grant Ltd. Effective April 1, 2017; 2. Issue payment to BFL Canada in the amount of $798,285 for insurance premiums; and, 3. The Agency Fee of $25,400 be split between Hub International Atlantic Limited and JM & CW Hope Grant Ltd. in the amount of $6,350 payable to Hub International Atlantic Limited and $19,050 payable to JM & CW Hope Grant Ltd. MOTION CARRIED. 17.2 Saint John Energy Optimization Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th, 2017, Common Council adopt the following resolution: RESOLVED that: The Power Commission of The City of Saint John, doing business as Saint John Energy (SJE) be requested to undertake due diligence inquiries on behalf of the City with respect to potential initiatives for revenue generation associated with electric power, which might come to its attention from time to time, with such due diligence to proceed with the assistance of such municipal officers and employees as the City sees fit; and further SJE report to the City in a timely manner as material information respecting such potential initiatives or the results of the aforesaid inquiries is available. 1► IQI[Q0114Y1all all 1I191 17.3 Letter of Support for Extended Hours for Local Bars Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th. 2017, Common Council authorize the Citv to provide a letter of MOTION CARRIED. 17.4 Letter of Support for ACOA Funding for New Boardwalk Stage Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole, having met on March 20th, 2017, Council send a letter of support for the application by North Market Wharf Cultural Association to ACOA for funding for a new stage at the boardwalk. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on March 20, 2017 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:15 p.m. Mayor/ maire Common Clerk / greffier communal sur Commission r. +i March 20, 2017 Jonathan Taylor Common Clerk City of Saint John 8th Floor, City Hall Saint John, NB Dear Mr. Taylor, RE: Authorization of David Macdonald Canadian Corps of Commissionaires To lav information in Provincial Court 11th Floor, City Hall, 11 i6me Etage, HBtel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.BJN.-B. F2L 41-1 Tel/ T6I: (506) 658-2897 Fax / Te16copieur: (506) 649-7938 E-mail / Courriel: parking@saintjohn.ca We are requesting that the following resolution be presented to Common Council for approval: "Resolved that David MacDonald is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Parking Meter By -Law and the Saint John Traffic By-Law.as By -Law, And further that this authorization shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the authorization is rescinded by Common Council, whichever comes first." "Yours truly, Marc Dionne Operations Manager Saint John Parking Commission 11 www.saIntjohn.ca An Open Letter to Saint John Common Council re: MoveSJ Saint John City Council 15 Market Square Saint John, NB E21_41_1 Dear Mayor and Council: I am writing to express my support for the continuation of the MoveSJ process, and ask that you vote to complete the initiative as quickly as reasonably possible. I understand that some of you have heard from residents who feel differently; I and many like me believe that completing a Strategic Transportation Plan for our city is an essential step toward developing a sustainable, liveable community that is well- positioned for economic success. Many of you referred to the consultants working on this initiative as architects in last week's meeting. This is an apt choice of words, since this process is very much like building a house — one for you and your 67,000 extended family members, as well as the many, many others that will come along in the next 25 years. If you decide not to continue MoveSJ, it will be like deciding to build that house without an architect's design. I'm sure you all know some horror stories about people who have attempted construction without the guidance of an experienced expert. Some of you expressed concern about the order of the various activities planned for each remaining phase of MoveSJ. You seemed to want to reorder some of those activities, based on complaints from your constituents. I am also your constituent, and after reviewing the Phase 1 presentation, I believe the idea of creating a robust Demand Forecasting Model before proceeding to the decision-making phase makes perfect sense. The same as it makes sense to generate a materials list and get estimates from contractors before the first foundation block is laid or first nail driven. Some of you shared your deep distress for the cost of the MoveSJ initiative. Would you invest in shingles before you knew the dimensions your roof? Would you buy gallons of paint, before you knew the square footage of your walls? Your staff all expressed their support for MoveSJ because they know the importance of having a solid, actionable roadmap to follow before spending a cent of your Capital Budget. I believe this investment in MoveSJ will save all of us a lot of money, many times over, by avoiding poor transportation decisions over the next generation of this city. When the benefits vastly outweigh the risks, it's pretty easy to make a good decision. Completing MoveSJ is a good decision. Please do what's best for all of us and support this critical initiative. Sincerely; Sara Stashick 1-155 King St. East Saint John, NB E2L 1G9 12 Formai Letter to Common Council City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21_41_1 Demolition by Neglect March 23rd, 2017 An open Letter to Mayor and Council Regarding the 'Jelly Bean Houses' of Wellington Row. Today, members of the Osborne family write to you to express our thoughts regarding the recent announcement to demolish the well-known "Jelly Bean Houses" of Wellington Row in the city's uptown. Many people, my family included were not aware of the pending demolition until a recent news story. We write this letter to implore you to reconsider and offer these buildings up for private sale to any party interested in their refurbishment or preservation of their facades. We understand organizations had previously been given consideration, but we find this to be lacking. The properties were purchased by the city while still inhabited and their current state is a direct result of the lack of action. We ask the current Mayor and Council to have vision, be leaders and ACT, because Action Changes Things! Significance — These structures are a fine example of some of the designs found in Pre -Great Fire Saint John, and blend well into the streetscape next to Loyalist House and Stone Church. These properties avoided the Great Fire of 1877, and this year marks the 140th anniversary of that great disaster. Their ornamentation is that of a bygone era, when true craftsmen lived and worked in our fair city. Our brick buildings in the uptown garner much attention, but there are far fewer early pre -fire wooden structures left that represent this period so well and in such a prominent location near a well-known tourist attraction. These structures were built by 1st and 2nd generation Saint Johner's and are in a prime location across from the Loyalist House to further tell the story of the development of our city. Walls a little further down Wellington Row and one can then interpret to visitor and locals alike the other building techniques of the 191h Century. On this corner alone we have structures of such diverse design, construction and heritage, that it should be top of the list for preservation. St. John's Newfoundland is well-known for its colourful yet less architecturally decorative structures, structures which are used extensively in promoting tourism and resettlement. As each year passes with fewer and fewer heritage structures, what will keep the tourists and cruise ship passengers coming back to Saint John? Our streetscapes have more value than many locals often given them credit for. Our city has featured in numerous photographs, postcards, magazines and film productions for many years. If the unique heritage buildings were all gone or heavily segmented by more plain modern structures, would it still be so attractive for visitors, tourists and the film industry? Dollars and Sense — My family and I do not support the expenditure of an estimated one hundred forty-five thousand dollars to destroy the heritage of this city. Furthermore, the development that Saint John Non -Profit Housing is proposing is far from becoming a reality, and will require even more public funding, of which this area is already in very short supply. Offering these properties up for sale to parties interested in refurbishing and repurposing them not only is logical, but would save the city thousands of dollars in demolition costs. 13 The 'Too Expensive To Fix' argument, is one which has plagued our city time and again. An expression which has little substance, given the fact that there have been at least two previous privately funded proposals turned down by past sittings of council, both of which were recommended by City Staff. Private funds want to do the work, but perhaps public funds are too easy to spend? The sale of these buildings could provide a little more funding to a cash-strapped city budget. The funds earmarked for their demolition could be instead directed to Saint John Non -Profit Housing for use in the construction of their development elsewhere in our city. There were and I wager still are private individuals and developers who were willing to invest private money to restore these buildings to their former glory, so spend not our tax dollars in haste! Connections and Questions — Many coffee-house rumors have recently raised questions which have not been properly answered to many locals, such as to the nature of this property deal brokered with Saint John Non -Profit Housing. Most directly a well-known Saint John Non -Profit Housing board member is Shirley McAlary, a sitting and current voting member of common council. Therefore, does this not raise a conflict of interest question? Additionally, further questions have been raised by a prominent local citizen in regards to the previous offer process, which was opened a few years ago on these properties. We are to understand that based on what has been said and printed publicly, that due process was not given to a number of proposals which were brought forward, and in fact some were turned away at the door. Why would a cash- strapped city council consider spending in excess of one hundred and forty thousand dollars to clear the way for a development which lacks proper and secured funding and does not fit ii in with the neighbourhood or streetscape? It is highly likely that after demolition this property will remain as a vacant property or parking lot for an extended period of time. Is it the intent of council to create a feeling of a bombed -out or dying city with all the vacant properties? Why also has Saint John Non -Profit Housing not been given one of the many other vacant lots in the city on which to build? These questions and many more need answers, clear and direct. Finally, the lack of consideration and vision shown in a recent statement to media by our Mayor, could be interpreted as a contempt for the heritage of our city, a city in which more than six generations of my family have lived, worked and played. A good number of your citizens are asking for further consideration on this issue, and all of council including the mayor has been elected to represent them properly. Recent Comparison — Previous councilor Bill Farren fought to have Max Kotlowski's proposal for the then vacant Falls Restaurant properly considered. This resulted in the building receiving a full renovation. Had he not stood against the plans to demolish that city owned structure, it would have been demolished at great cost to the taxpayers, and we would have lost another of our local points of interest. Further, the Boaz restaurant owners who fought against Max's proposal were already at a point of closure, so we would have had one vacant building and one costly vacant piece of land to deal with. Fabric of the Area— While recent demolitions and developments in this area of the uptown have changed the area greatly, these structures serve to represent the original feeling of the city which was built from wood, not brick. What is proposed to replace them could not compare to their attractive character and charm, and would make loyalist House seem even more out of place than it already does with the towering new facades around it. Preserving this little corner of our city is a simple logical decision, one that will have long-term benefits for fuiwe generations. Location of Non -Profit Housing — Is this the ideal location for non-profit housing? We say'no', and for a number of reasons. Firstly, we compare the surrounding neighbourhood uses, and it does not fit. It is neither a business, nor a heritage structure, nor a government building. Then we look at the location of a liquor store directly across from a proposed non-profit (low-income) housing development, which would be backed by the Saint John Police Force and Provincial Court Buildings and we find it sends absolutely the wrong message! Furthermore, the location directly across from one of the most visited tourist attractions in the city does not fit. The current structures harmonize well with one another, whether the Loyalist house, the old Synagogue or Stone Church. Legacy of Mayor and Council — A previous council decision to purchase the properties for use in the Peel Plaza development was the initiation of the demise of these structures, followed by a true abandonment and lack of maintenance by the city after purchase. Followed later by a lack -luster effort to liquidate the properties and now a short-sighted decision to demolish something that has stood the test of time for over 150 years. Let it be known that this Mayor and Council, during the celebration of the 1501' anniversary of Confederation of our great country, are wholly responsible for the final destruction of such significant pre -confederation structures as these. Instead let us make it known that these pre -confederation homes were saved on the 1501h anniversary of confederation! Support— We fully support the construction of more Non -Profit housing in our community, but not at the expense of some of the city's best-known heritage buildings and not in this location. We are asking Mayor and Council to instead save our municipal funds and give Saint John Non -Profit housing one of the already vacant lots in the city on which to build their proposed project. Last Chance to Stay the Executioner-- We ask that Mayor and Council halt the demolition and immediately open the properties to offers from interested parties, with the stipulation that the street - ward facades remain intact for future generations of our locals and the many visitors to our city. What minimal additional costs would the city incur for a stay of execution of perhaps six months? Giving time to potential private individuals, developers and entrepreneurs to consider, plan and make offers? A well announced public offering for sale, along with proper media coverage is requested by your constituents, before crushing our `Jelly Beans'. Best Regards, Christopher & Melissa Osborne - Local Residents 480 Dwyer Rd Saint John, NB E2M 4T5 15 IL LE� 113" 1,11"AR 2 7' 2017 We support the rescue of Saint John's historic Jellybean Houses on Wellington Row by a developer. We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH) who have not raised the $5million they need to build an apartment complex. We call for a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste of taxpayer money; why interested developers were excluded and not responded to. NAME SIGNATURE NAME SIGNATURE A' 'e( loR. i",X AN, CL L� 5 x 1� Ie Y 4 4" AXa, ��t O'er-, t e<1 V P, ;2 vh, IJ7 zi, L1 3 \L IZ4 i') /n . ... . ...... Ji L We support the rescue of Saint John's historic Jellybean Houses on Wellington Row by a developer. We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH) who have not raised the $5milllion they need to build an apartment complex. We call for, a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste of taxpayer money; why interested developers were excluded and not responded to. 17 A : MAYOR DARLING: RESCUE SAINT JOHN HISTORIC J:ELLYBEAN HOUSES We support the rescue of Saint John's historic Jelllybean Houses on Wellington Row by a developer. We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH) who have not raised the 5million they need to build an apartment complex. We call for a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste of taxpayer money; why interested developers were excluded and not responded to. NAME SI NATURE NAME SlGq#OE R"w Al '110 1 A 0 1 7 1 rt<1 'I P ke V '!,� c: VJIJ �Mffm W14 18 We support the rescue of Saint John's historic Jellybean Houses on Wellington Row by a developer. We reject the plan to tear, them down by Saint John Non -Profit Housing (SINPH) who have not raised the 5million they need to build an apartment complex. We call' for a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste of taxpayer money; why interested developers were excluded and not responded to. NAME SIGNATURE NAME SIGNATURE 91 qp L K i I .......... Td 7f i4l IX k, ya �A­ Al C F ` _Ite We support the rescue of Saint John's historic Jellybean Houses on Wellington Row by a developer. We reject the plain to tear them down by Saint John Non -Profit Housing (SJNPH) who have not raised the $5million they need to build an apartment complex. We call for a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste, of taxpayer money; why interested developers were excluded and not responded to. NAME SIGNATURE NAME STURE (rls A 4/5' C1 12 h L Z. LLI �z I I Z, Azz_" 01 We support the rescue of Saint John's historic Jellybean Houses on Wellington Row by a developer. We reject the plan to tear them down by Saint John Non -Profit Housing, (SJNPH) who have not raised the $5million they need to build an apartment complex. We call for a Public Enquiry into why Saint John City Council did not proceed with a developer since 2013, why they paid approx. $200,000 to buy one of the Jellybean houses that was occupied, to tear it down, who approved this waste of taxpayer money; why interested developers were excluded and not responded to. NAMIE SIGNATURE NAME SIGNATURE U U 31 PIN AA e- J 21 17 March 2017 To Whom It May Concern - 70 Haimpton Road Rothesay, NB Canada E2E 5L5 T: 506-848-6600 F:506-848-6677 Rothesay@iothesay.ca wwwxothesay,ca -6-S A 02-13 - IIMM i Rothesay Council is pleased' to provide its support, along with its regional partners, to the establ'ishment of a Foreign Trade Zone (FTZ) in the greater Saint John region. Enterprise Saint John is the lead economic agency for the greater Saint John area, serving the municipalities of Grand Bay -Westfield, Quispamsis, Rothesay, St. Martins and Saint John. Its mission is to connect people, ideas and investments to turn industry opportunities into economic growth. Under the leadership of Enterprise Saint John, the greater Saint John region is well- positioned to realize the benefits of this designation to promote its vision for the region to become Canada's most connected community where industry, ideas and investments come together to drive economic prosperity. Rothesay Council recognizes the importance of this designation in providing a single point of access to federal government programs, point of coordination with Provincial and local programs and services and access to financial support for marketing efforts, This tool will facilitate the expansion of New Brunswick based businesses- attract foreign investment to the region; and increase import/export activity. The end result will be enhanced economic growth, job creation and prosperity for the greater Saint John region. Sincerely, Dr. Nancy Grant Mayor cc. Honourable Rick Doucet, Government House Leader n ling„ htb -ld, fif ayo r �, 6 04 q Mayor Gary Clark, Quispamsis Mayor Grace Losier, Grand Bay -Westfield Mayor Bette Ann Chatterton, St. Mai -tins Steve Carson, Chief Executive Officer — Enterprise Saint John Explore our past Explorez notre pass6 Discover your future D6couvrez votre ave nir Grand Bay-Wesffield - QUlSparnSiS R1-22say - SL WFOnS - SainL John MAR 2 2 201? To Whom It May Concern, Healthcare is a basic necessity of life, without it many would be found surrounded in despair and tragedy. G- reater than 40% of the population of Guatemala faces t.he horrid reality of no access to healthcare each day,. For them a simple common cold, easily treated, could mean tragedy, Our mission as the Heuts of Healthcare team is to use our knowledge and training in nursing to help heal and to help these people achieve an optimal state of health. We are a group of five students enrolled in the Third year of the Bachelor of Nursing program at the University of New Brunswick Saint John who have a heart for helping heal others in impoveris,hed situations, In April of 2017 we will be travelling to Guatemala for two weeks to provide healthcare to small, rural communes. This includes but is not limited to vaccinations, assisting in labour and delivery, treating wounds and assessing illnesses. The care we will be doing in Guatemala will be teaching us new ways to care for our community members in Saint John, New Brunswick. We are very passionate about thiswork, however in order to pursue our mission we require financial sponsors to parmerAith us on thisjoumey to save: lives. Our financial goal is to raise $10,000 to cover travelling expenses for each team member and to purchase medications and supplies to treat those in the communities, If preferred, your sponsorship would be advertised. on our Facebook page, website and other social media. Also if preferred:, you would also be listed as a sponsor advertised on all of our programs in upcoming events, The ability of our group to continue pursuing this initiative is because of our financial iwwiwtS Mwetedi'WE0 ir mission, Thank Wou in advance for Wour contribution to healing those In poverty. We thank you for your time and consideration. Katelyn Gowlett Presideni Qf The Hearts of Healthcare Team Telephone: (506) 609-0870 E, -Mail: unbsjnursitigtrip@gmail.com W President S,Want Rmt Vice-Preddent e ®pro® me Sewnd ent oewddrrw vice-prbsMeffle TNtd ent Tr®isl6me v9 rent March 17, 2017 Dear Mayor and Members of Council, .�4i �J IlMIAR 2 w' For the past 20 years, FCM's Legal Defense Fund has been a critical tool in defending the national legal interests of Canada's municipalities. When a member calls on FCM to intervene in a court case of national importance, it's the Legal Defense Fund that makes this support possible. The Fund has been instrumental in setting important legal precedents on a number of issues that are of crucial importance to all municipalities. These include rights-of-way management, payments in lieu of taxes, environmental protection as well as the constitutional ability of municipalities to exercise their legislative powers. After years of activity, FCM's Legal Defense Fund has been fully depleted. Now we need municipalities like the City of Saint John to help restore the long-term health of the Fund. A robust Legal Defense Fund is more important than ever. As courts — particularly the Supreme Court — become more strict with regard to the number of intervening parties they will allow in any given case, FCM is consistently recognized as the sole municipal intervener in cases with national implications. That means the Fund is the most certain and cost-effective way of protecting municipal legal rights in bodies such as the Courts of Appeal (provincial and federal), the Supreme Court of Canada and administrative bodies like the CRTC. While the Fund is used specifically for costs incurred directly by FCM, its influence in setting national legal precedents benefits every municipality in Canada. A recapitalized Fund will enable FCM to continue its longstanding efforts to maintain adequate municipal control over local rights-of-way and to maximize cost -recovery — while also bringing the municipal voice to a broad range of legal issues. What's more, it will support a growing demand for FCM to seek out proactive legal opinions on emerging policy issues, such as marijuana legalization. This will help provide all municipalities with the best legal advice available at a fraction of the cost, while contributing to the development of a united municipal response on national issues. FCM has established a long-term strategy to recapitalize the Legal Defense Fund annually — beginning with an immediate call for contributions to cover ongoing legal costs. While support is voluntary, we strongly encourage members to contribute. FCM's Board of Directors has established a set contribution formula of 2 cents per capita. Enclosed is a voluntary invoice that indicates the City of Saint John's proposed contribution for this year. This amount can be changed based on your budgetary situation. Starting next fall, municipalities will be invited to make an annual voluntary contribution to the long-term viability of the Fund as part of FCM's yearly membership drive. All of us have a role to play in advancing the legal interests of Canada's municipalities. Thank you in advance for your immediate and ongoing support of the Legal Defense Fund. For more information, visit the membership page at fcm.ca or email info(Mcm.ca. Sincerely, CAA " Clark Somerville FCM President 0 cn 0 N FCM Trail, Jeff City of Saint John 15 Market Square Saint John, New Brunswick / Nouveau -Brunswick E21L 4L1 Legal Defense Fund/Fonds de d6fense iundiaue JXJ z I By cheque payable to: Federation of Canadian Municipalities Par ch6que h l'ordre de: Fdd6ration canadienne des municipalitds 24, rue Clarence Street Ottawa, Ontario KIN 5P3 HST #/ No. de TVH: 11891 3938 RT0001 QST # f No. de TVQ-. 1202728231 DQ0001 Invoice / Facture Invoice / Facture: ORD-04502-Y5HIL1 DATE: 03/01/2017 ACCOUNT/COMPTE: 91 DUE DATE/DATE 04/01/2017 LIMITE: QT—Y—/QIE RAuT-E/TAUX JAW _TAXE 70,063.00000 $0,0230 $241.72 HSTITVH (15%): TOTAL: TOTAL $1,853.17 $241.72 $1,853.17 By Electronic Funds Transfer/Par transfert 6lectronique de fonds Royal Bank of Canada (RBC) 90 Sparks St, Ottawa, ON K1P 5T7 Transit Number/Num6ro de transit: 00006 Account Number/Nume'ro de compte: 1006603 accountsreceivable@fcm.ca/comptesrecevables@fcm.ca 25 Ref No. / No. de 91 r6fdrence : The 2001 decision by the Supreme Court of Canada in the Spraytech v. Hudson case, in which FCM intervened on behalf of the municipal sector, ushered in a new approach to how courts should interpret the legislative authority of municipal councils. In that case, the Supreme Court indicated that courts should show deference to the choices made by local elected officials, in this case the Town of Hudson, Quebec. The Court also indicated that municipal legislative authority should be interpreted broadly and that local rules could coexist with federal regulations. Since then, FCM has continued to play an active role, as intervener, in a number of cases where the basic ability of municipalities to use their legislative powers has been at stake. Recent examples include Rogers v. Chateauguay, Windsor v. Canadian Transit Company (both heard by the Supreme Court in 2016) and Hamilton v, Canada Post (Court of Appeal for Ontario in 2016). 1 i'II�UiW 1II III w� IIB ISI , "The FCM Legal Defense Fund', a critical role in advancing munio constitutional and legal interests: defended the sector's interests i payments in lieu dispute before Court of Canada with the federg regarding the valuation of Halif,4 After a successful SuDreme Cot was s . I ........ The deregulation of the telecommunications sector in 1993 completely changed the ROW environment overnight. A number of new, commercially aggressive providers sought quick access to municipal ROWs to deploy their networks. Through its Technical Committee on ROWs (some 40 legal and technical experts from across the country), FCM has coordinated the municipal sector's response for 25 years: development of best practices, information sharing and active participation in a number of legal cases. FCM was the Appellant to the Federal Court of Appeal in the landmark Ledcor case that established the principle that municipalities have the right to recover all incremental costs related to telecommunications activity on their land. FCM also intervened in early cases such as the Edmonton LRT tunnels as well as recent precedent -setting cases: next -generation access agreements (CRTC decision in Hamilton v. Bell , the applicability of general ROW bylaws to federal undertakings (Court of Appeal for Ontario in Hamilton v. Canada Post) and the use of bylaws to grant "consent" under the Telecommunications Act (brought by Calgary and currently before the CRTC). E %:Z S AR E SAY I N iG E III ii 7►04pal jurisdiction in court is a u , rpalities to bear on their own — haller municipalities. That's why tense Fund is such a critical ported Fund is key to defending ots of municipalities of all sizes. antly recognized by the courts anal represenMtEve of our of nat►onal,rtrtance. We need upport the'1=uhd toensure` that r% inter}�enet�n, pe,red�„ t setirng COUNCIL REPORT M&C No. 2017-073 Report Date March 21, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-08: Clyde Street Sanitary Sewer Installation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Joel Landers Brent McGovern/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-08: Clyde Street — Sanitary Sewer Installation be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $152,820.05 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2017-08: Clyde Street — Sanitary Sewer Installation to the low Tenderer. PREVIOUS RESOLUTION March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. WA -2 - REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes funding for replacement of the existing sanitary sewer on Clyde Street between City Road and Forest Street. TENDER RESULTS Tenders were closed on March 21, 2017 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 152,820.05 2. Midi Construction Ltd., Saint John, NB $ 175,413.87 3. Fairville Construction Ltd., Saint John, NB $ 176,939.00 4. Keel Construction Ltd., Grand Bay -Westfield, NB $ 183,147.17 5. Debly Enterprises Ltd., Saint John, NB $ 215,472.05 6. TerraEx Inc., Saint John, NB $ 236,679.20 The Engineer's estimate for the work was $196,100.00 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 270,000 Project net cost $ 162,350 Variance (Surplus) $ 107,650 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. 4.11 -3 - SERVICE AND FINANCIAL OUTCOMES The sanitary sewer on Clyde street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A Wel COUNCIL REPORT M&C No. 2017-81 Report Date March 27, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Agreement with J.D. Irving, Limited - Fence Construction on a Municipal Services Easement (PID # 55151245) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author/Dept. Head Commissioner City Manager Holly Young/Jacqueline Hamilton Brent McGovern Jeff Trail RECOMMENDATION That The City of Saint John enter into an Agreement with J.D. Irving, Limited for the purpose of the constructing a fence on an existing municipal services easement on PID # 55151245 upon the terms and conditions set out in the Agreement document attached to M&C 2017-81; and That the Mayor and Common Clerk be authorized to execute all required documentation. EXECUTIVE SUMMARY J.D. Irving, Limited (Owner) has requested permission from The City of Saint John (City) to construct an 8 foot high chain link fence on the northern boundary of the City's easement on PID # 55151245 adjacent to Consumers Drive for the purposes of extending their existing garden centre area. This area is being extended on lands owned by the Owner, subject to the municipal services easement vested in the City. The City is willing to enter into an Agreement with the Owner to allow the chain link fencing on the City's easement. All work and associated costs relative to the fencing shall be the responsibility of the Owner. The purpose of this report is to obtain Common Council's approval to enter into an Agreement with J.D. Irving, Limited. PREVIOUS RESOLUTION N/A 091 -2 - STRATEGIC ALIGNMENT This report aligns with the Growth & Prosperity Council priority. REPORT The City, through the terms of the Agreement, will maintain the right to enter upon the land to perform work permitted by the vested easement. The Agreement attached to this report sets the terms and conditions upon which the fence will be permitted, City's right to continue to enter upon the easement, and the Owner's obligation to remove the fence for routine work by the City or to permit the City to remove the fence to do work in an emergency. SERVICE AND FINANCIAL OUTCOMES Responsibility for ownership, construction, maintenance, replacement, removal of the fence, including costs of same will reside with the Owner (J.D. Irving, Limited). No financial implication to the City other than Staff time to implement this request from J.D. Irving, Limited. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS In the preparation of this report, input was received from the City Solicitor's Office (having prepared the attached Agreement), Saint John Water, Growth and Community Development, and Finance and Administrative Services. ATTACHMENTS Agreement to Construct a Fence on a Municipal Service Easement 31 AGREEMENT This Agreement made this 26th day of March, 2017 by and between: J. D. IRVING, LIMITED, a body corporate, having its registered office at 300 Union Street, PO Box 5777, Saint John, NB E2L 4M3 (hereinafter the "Owner") -and- THE CITY OF SAINT JOHN, a body corporate, having its City Hall at 15 Market Square, PO Box 1971, Saint John, NB E2L 4L1 (hereinafter the "City") RECITALS: 1. WHEREAS the Owner is the owner of lands situate in the City of Saint John, County of Saint John and Province of New Brunswick designated Lot 00-01 on a subdivision plan filed in the Saint John County Registry Office on August 14, 2000 as Number 11266963, further designated by Service New Brunswick PID Number 55151245, and being civic address 85 Consumers Drive. 2. AND WHEREAS upon the filing of the said subdivision plan, a municipal services easement (as shown on the plan) vested in favour of the City pursuant to section 4 of New Brunswick Regulation 84-217 under the Community Planning Act (O.C. 84-760 N) (the "Municipal Services Easement'). 3. AND WHEREAS the Owner has requested permission to erect/construct an eight -foot (8') high chain link fence (the "Fence") at or near the northern boundary line of the Municipal Services Easement, as shown on the sketch attached hereto as "SK -2.1 ". The City hereby permits the Owner to erect/construct the Fence as shown on SK -2.1 on the following conditions: 1. The erection/construction, maintenance, repair and replacement of the Fence shall be at the Owner's expense. 2. That no action on the part of the Owner and/or the City under this agreement shall be construed as a derogation of the Municipal Services Easement held by the City. 3. The erection/construction and any replacement of the Fence is undertaken and performed in accordance with SK -2.1 and in compliance with all provincial and municipal laws, including but not limited to the Saint John Digline. Oil 4. The City has the right to enter the lands subject to the Municipal Services Easement and perform the work permitted under section 4 of New Brunswick Regulation 84-217, and the parties agree to the following conditions: a. for routine work, the City will advise the Owner at least one (1) week prior to the date the City's work will commence and the Owner, at its sole cost, risk and expense, shall remove the Fence at least three (3) days before commencement of the work. Upon completion of the City's work, the City shall so advise the Owner and the Owner may re -instate the Fence in accordance with this Agreement; and b. in an emergency, determined at the discretion of the City, the City may remove the portion of the Fence to allow the access required by the City, and the Owner, at its expense, may re -instate the Fence in accordance with this Agreement. C. in the event of an emergency, the City will notify the Owner of such emergency conditions as soon as reasonably practical. 5. In the event that the City determines that the ongoing existence/location of the Fence impairs the City's rights pursuant to Regulation 84-217 (other than as contemplated in this agreement), the City may terminate this agreement upon three (3) months' prior written notice to the Owner addressed to its registered office, and the Owner shall, at its cost, risk and expense, remove the Fence. Should the Owner not remove the Fence by the date of termination, the City may remove the Fence and dispose of same and the Owner shall have no recourse. 6. The Owner, for itself and its successors and assigns and to the fullest extent permitted by law, hereby releases and forever discharges the City, its employees, officers, agents, successors and assigns from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to the City or its property which are or may be in any way related to, or connected or associated with the Owner erecting or constructing the Fence. 7. The Owner hereby indemnifies and saves harmless the City, its employees, officers, successors and assigns, from and against any third party claim for losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind of injury or damages, including damages, to persons or property which are directly related to the erection/construction of the Fence, and to the extent arising as a result of the negligence or wilful misconduct of the Owner, or those for whom the Owner is responsible. [Signature page follows.] 091 IN WITNESS WHEREOF the Owner has caused these presents to be executed this 30 day of March, 2017. J. D. IRVING, LIMITED 'ate Per: ry '9 PPP Per: AND the City has caused these presents to be executed this day of , 2017. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: Garden Centre Fence Upgrades Kent Store � / r ►e_ �,.,.�� 85 Consumers Drive. Saint lnhn_ NR Let's BuBd Sumedi1ngl' COVERED GARDEN AREA GREEN HOUSE REMove ExIs�,Nt„ FENcg Aµ0 REPIAtr W17N Nt:� 8� M�tN FL=11cc Amo &AYE OPEN GARDEN AREA I ExwriN6, !I C.A jttll+N CEN - me GA7ffgnus� �Mp �Ne r {New', W all COLI'M Ll.J AT Lmr-w), y OfQ 3MH 25 G A -r c° (H SK -2.1 Scale: N.T.S. COUNCIL REPORT M&C No. 2017-87 Report Date March 29, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services —West Side Sanitary Sewer and Storm Water Model Development OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Pierre LeBlanc Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that the proposal from CBCL Limited for engineering services for the West Side Sanitary Sewer and Storm Water Model Development project in the amount of $663,895 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Engineering Services for the West Side Sanitary Sewer and Storm Water Model Development project to CBCL Limited. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 06, 2017; Direct Negotiation Approved STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 01.1 -2 - REPORT BACKGROUND The City of Saint John is seeking engineering consultant services to develop a fully operational and calibrated model of the West Side Sanitary Sewer and Storm Water collection systems. Saint John Water over the years has developed an advanced water model and development of the sewer model continues. In 2016, the sewer model for the areas of Millidgeville and the North End was completed. Through 2017 the water and sanitary model for the Central Peninsula will be completed and this project before Council would allow for the development of the West Side Sanitary Sewer and Storm Water Development Model. Having a water and sewer model of municipal infrastructure is an industry best practice as it provides numerous benefits as noted below. • It serves as a key asset management tool, allowing staff to balance risk against service standards to identify priorties, all while using real system data. • An important tool to identify where capital investments provide the largest return on investment (ROI), allowing for more informed prioritization of capital projects and the most effective use of public funds. • For any system growth and development, the sewer model allows staff to quantify system impacts (storm and sanitary) and assess how system performance will change if a project proceeds and more importantly what key system modifications would be necessary to allow the growth and development to proceed. • Aids in quantifying overflows for monitoring and reporting to Regulators. • Provides the ability to assess climate change impacts. • Provides key information for the effective design of storm and sanitary systems. The overall project involves: Developing a fully operational and calibrated model of the wastewater collection system that conveys wastewater to the Lancaster Lagoon. The model shall be developed and operated with Bentley SewerGems (latest version) and shall include all necessary inputs (system elements and attributes, hydraulics and hydrology). The consultant shall calibrate the model and confirm results with field observations during wet weather events. The entire West side wastewater collection system shall be integrated in the hydraulic model including all gravity sewers, force mains and sanitary lift stations. Developing a fully operational and calibrated model of the West side storm water collection system. The model shall be developed and operated with Bentley SewerGems (latest version) and shall include all necessary inputs Kul -3 - (system elements and attributes). The consultant shall calibrate the model and confirm results with field observations during wet weather events. The entire West side storm water collection system shall be integrated in the hydraulic model including all gravity sewers, major water courses, detention ponds and catch basins. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On March 21, 2017 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response to this request, CBCL Limited submitted a proposal on March 28, 2017. Staff was previously authorized to conduct direct negotiations with this consultant for engineering services for the West Side Sanitary Sewer and Storm Water Model Development project. A Review Committee consisting of staff from Materials Management, Transportation & Environment Services, and Saint John Water was formed to evaluate the submission. Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the CBCL Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with CBCL Limited and settled on an acceptable consultant's fee to submit to Council for approval. The submission from CBCL Limited met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2017- 52 to conduct direct negotiations for the engagement of an engineering consultant for this project. The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultant's proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline. M-11 -4 - SERVICE AND FINANCIAL OUTCOMES The proposed cost of work from CBCL Limited to provide engineering services for this project is $602,000.00 after the eligible HST rebate. The 2017 Water & Sewerage Utility Fund Capital Program includes funding in the amount of $520,000 for the development of the West Side Sanitary Sewer and Storm Water Model Development. Partial funding for the project is approved under the Clean Water Wastewater Fund (CWWF) as part of the second round of funding announcements. The budget shortfall of $82,000 can be managed within the overall 2017 Water & Sewerage Utility Fund Capital Program. It is important to commence the field data collection and updating of the linear assets for wastewater and storm sewer infrastructure in the GIS as the Clean Water Wastewater Fund Contribution Agreement stipulates that in order for costs to be eligible under the Clean Water Wastewater Fund program, the costs must be incurred between April 1, 2016 and March 31, 2018. Therefore the model must be completed before March 31, 2018 which will be challenging for a project of this complexity that requires field collection, GIS updates (wastewater and storm sewer) and model development and calibration. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A Review Committee consisting of staff from Materials Management, Engineering and Saint John Water was formed to evaluate the submission. Materials Management facilitated the proposal review process. ATTACHMENTS N/a 061 COUNCIL REPORT M&C No. 2017-83 Report Date March 28, 2017 Meeting Date April 03, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 307 Westmorland Road and 126-132 Station Street and 39 Sewell Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council schedule the public hearing for the rezoning application of Krista McDevitt (307 Westmorland Road) and the Zoning By -Law Text / Mapping Amendment application of Commercial Properties Limited (126-132 Station Street and 39 Sewell Street) for Monday, May 1, 2017 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 39 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, May 1, 2017. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/ agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. -2 - STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 39 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: ■ ensuring Saint John has a competitive business environment for investment, ■ supporting business retention and attraction; and ■ driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone Krista McDevitt 307 Westmorland Local General To rescind the Road Commercial Commercial existing Section 39 (CL) (CG) and conditions and Section 39 permit a broader Amendment range of uses for future reuse of the site Commercial 126-132 Station Uptown By-law text / To remove an area Properties Street and 39 Commercial mapping of land from Limited Sewell Street (CU) and amendment Schedule C - Corridor Uptown Parking Commercial Exemption Area to (CC) permit the construction of a parking lot SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. HI -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable. ATTACHMENTS None. :1 PA, COUNCIL REPORT M&C No. 2017-072 Report Date March 20, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Currie Avenue — Water, Sanitary, Storm and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Joel Landers Brent McGovern /Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Currie Avenue Street Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 14, 2016 - 2017 Water & Sewerage Utility Fund Capital Program Approved. November 28, 2016; 2017 General Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund (Transportation & Storm Categories) Capital Program Adjustments Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. !191 -2 - REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and construction of Currie Avenue - Watermain, Sanitary Sewer, Storm Sewer and Street Reconstruction. Staff looks forward to the tender closing in May, 2017. Construction is expected to begin in early summer and continue into September. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Nick Nicolle Community Centre at 85 Durham Street on Wednesday, April 12, 2017, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Sessions. The Public Information Session will be advertised and a copy of the attached notices will be delivered door to door in the project areas. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. The storm water and sanitary sewer flows will also be separated. The approved 2017 Water & Sewerage Utility Fund and General Fund Capital programs include funding for the design, construction and construction management components of the project. Partial funding for the project will come from the Clean Water Wastewater Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Currie Avenue Public Information Session Notice !El! The City of Saint John PUBLIC INFORMATION SESSION CURRIE AVENUE - WATER, SANITARY, STORM AND STREET RECONSTRUCTION The City of Saint John will be undertaking the reconstruction of Currie Avenue between Visart Street and Pugsley Avenue. The project includes the renewal of the existing watermain and sanitary sewer, installation of a new storm sewer, and road reconstruction consisting of new concrete curb, concrete sidewalk, asphalt resurfacing, and landscaping within the construction limits. Construction is planned to begin in early Summer and is expected to continue into September 2017. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2017 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 12th, 2017 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Nick Nicolle Community Centre 85 Durham Street For further information about this project, contact the City of Saint John Transportation and Environment Services at (506) 658-4455. :111 COUNCIL REPORT M&C No. 2017-077 Report Date March 23, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Russell Brent McGovern /Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Pokiok Road and McLellan Street — Water, Sanitary, Storm and Street Reconstruction project, and to update Council on the status of the project. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. November 28, 2016; 2017 General Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund (Transportation & Storm Categories) Capital Program Adjustments Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. -2 - REPORT The approved Water & Sewerage Utility Fund Capital Program and General Fund Capital Program include projects for upgrades to Pokiok Road, McLellan Street and Belleview Avenue. The design work for these upgrades is underway. Staff anticipates this project will be tendererd in April, 2017 with a tender closing in May, 2017. Construction is expected to begin in late May, 2017 and continue into November, 2017. This is a major project that will impact the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents an opportunity to view the project drawings, ask questions and give their feedback. The Public Information Session will be held at the Nick Nicolle Community Centre at 85 Durham Street on Tuesday, April 4, 2017, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure in this area is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents and businesses due to infrastructure failures. The approved 2017 Water & Sewerage Utility Fund and General Fund Capital programs include funding for the design, construction and construction management components of the project. Partial funding for this project will come from the Clean Water Wastewater Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS Public Information Session Notice PUBLIC INFORMATION SESSION POKIOK ROAD AND MCLELLAN STREET —WATER, SANITARY, STORM AND STREET RECONSTRUCTION During the 2017 construction season, the City of Saint John will be undertaking upgrades to the water mains, sanitary and storm sewers, and roadways along Pokiok Road, McLellan Street and a portion of Belleview Avenue. Construction is planned for the following extents: • Pokiok Road from Spar Cove Road to the end; • McLellan Street from Pokiok Road to Highland Road; and • Belleview Avenue from Pokiok Road to approximately the mid -point towards Highland Road. The project generally includes the replacement of water mains, sanitary sewers, associated residential services in the City right-of-way, as well as the installation of new storm sewers and the reconstruction of the roadways. Roadway reconstruction will include the installation of gravels, asphalt, and concrete curb and sidewalk. The proposed work also includes the construction of a new sanitary lift station on City -owned land at the end of Pokiok Road. At the conclusion of the work, the City of Saint John plans on converting McLellan Street to a one-way street with allowable on -street parking. This change is being made due to the narrow right-of-way along McLellan Street and the inability to construct a two-way street to current City standards and dimensions. The project is anticipated to begin in late May 2017 and is expected to be completed by the end of November 2017. Representatives from the City of Saint John and the project design team from CBCL Limited will be available to answer questions related to the project. Date: Tuesday, April 4t", 2017 Place: Nick Nicolle Community Centre, 85 Durham Street Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, at (506) 633-6650 or the City of Saint John at (506) 658-4455. !E:3 COUNCIL REPORT M&C No. 2017-074 Report Date March 28, 2017 Meeting Date April 03, 2017 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-09: Fallsview Drive — Water Service Extension OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Joel Landers Brent McGovern/ Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-09: Fallsview Drive — Water Service Extension be awarded to the low Tenderer, Midi Construction Ltd., at the tendered price of $265,592.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2017-09: Fallsview Drive — Water Service Extension to the low Tenderer. PREVIOUS RESOLUTION March 6, 2017; Revisions to the 2017 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. -2 - REPORT BACKGROUND The approved 2017 Water & Sewerage Utility Fund Capital Program includes funding for the extension of a water service on Fallsview Drive from Riverview Avenue West to Bridge Road. This work is necessary to improve water quality to the Reversing Falls Restaurant in conjunction with the water system modifications being made as part of the Safe Clean Drinking Water Project. TENDER RESULTS Tenders closed on March 28, 2017 with the following results, including HST: 1. Midi Construction Ltd., Saint John, NB $ 265,592.50 2. Galbraith Construction Ltd., Saint John, NB $ 274,855.75 3. Fairville Construction Ltd., Saint John, NB $ 315,031.00 4. Keel Construction Ltd., Grand Bay -Westfield, NB $ 318,403.38 5. Debly Enterprises Ltd., Saint John, NB $ 348,466.10 6. TerraEx Inc., Saint John, NB $ 396,617.75 The Engineer's estimate for the work was $324,900.00, including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects, with the exception of a tender from Steele Trucking Ltd. The tender submitted by Steele Trucking Ltd. did not have Section 4.2 of the tender fully completed by the tenderer and was rejected by the Tender Opening Committee in accordance with General Specifications Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.8.03 g. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. Work is expected to begin in April 2017 and be completed by May 31, 2017 in the area of the Reversing Falls Restaurant. Staff have met with the developer of the Fallsview Restaurant to discuss the scope of the project and to ensure we are coordinated and any impacts are mitigated. 6119] -3 - FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2017 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 400,000 Project net cost $ 268,050 Variance (Surplus) $ 131,950 Igo] 114V=II1►19711 ilk] 1010to] 9ito] ►1.i1: e141 M 0114to] ►1111ATTO V The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES The extension of the water service on Fallsview Drive will improve water quality for the local business and remove the need to waste large volumes of water to maintain water quality. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 51 033333�� WHEREAS: oncology nurses are committed to providing quality oncology care; and WHEREAS: oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; and WHEREAS: oncology nurses endeavour to educate the public in the prevention and treatment of cancer. cf NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim April 4, 2017 as Canadian Oncology Nursing Day in Saint John, New Brunswick and urge all residents of Saint John, New Brunswick to join in. observance of and participate in activities to recognize the special contribution oncology nurses provide to the public. In witne:s,s whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. COUNCIL REPORT M&C No. 2017-084 Report Date March 28 2017 Meeting Date April 3 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supplementary Report: Proposed amendments to the Saint John Heritage Conservation Areas By-law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Alice Fudge Jacqueline Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council approve 3rd reading of the revised By -Law Number HC -1A Law to Amend The Saint John Heritage Conservation Areas By-law [Appendix A]. EXECUTIVE SUMMARY On March 6, 2017, Common Council held a public hearing and passed first and second reading of the proposed amendments to the Saint John Heritage Conservation Areas By-law. After a presentation by staff, three citizens spoke to Council with comments about the proposed changes. Given the technical nature of some of the comments, Council directed staff to provide a supplemental report to respond to the questions raised at the meeting. This report provides a review of the comments and the respective responses from both heritage and legal staff. As a result of this additional review, some minor modifications were made to the amendment and is now ready for third reading. PREVIOUS RESOLUTION On March 6, 2017, Common Council approved the first and second reading of the proposed amendments to the Saint John Heritage Conservation Areas By- law. STRATEGIC ALIGNMENT The proposed changes to the Saint John Heritage Conservation Areas By-law aligns with Council's priorities to support a Vibrant, Safe City through the Modernization of the Heritage conservation process, as well as a Valued Service 6V -2 - Delivery through customer -focused services and a culture of continuous improvement. REPORT At the Common Council meeting of March 6, 2017, staff presented a suite of proposed amendments to the Heritage By-law that will result in improvements to the City's Heritage Service, particularly changes that will deliver a more streamlined application and approval process for heritage projects. The improvements were initiated by the Heritage Development Board and staff. The motivations for the proposed amendments are improved clarity and efficiency, enhanced customer -service, along with minor 'housekeeping' updates to the by- law. At the public hearing, two citizens spoke with concerns about the proposed amendments; and one person spoke in favour. Staff has acknowledged that the amending By-law document which was provided with the original report outlining the proposed amendments may have been confusing to understand. Therefore, an unofficial consolidated version of the proposed Heritage By-law is attached [Appendix B] which can easily be read as a complete document. The following outlines the questions raised at the public hearing and responses from staff: a) Reference to Guidelines Concern: The references to the document The Standards and Guidelines of the Conservation of Historic Places in Canada ("National Standards") throughout the proposed amendment. Response: A staff review of the references in the By-law was performed and there were potential inconsistencies in the referencing of the document. Recommendation: The inconsistencies have been corrected in the revised amending By-law [Appendix A]. b) Definitions Concern: The removal of some definitions from the By-law, in particular the definition of "maintenance". Response: Some definitions were removed or changed from the previous By-law because of either typographical errors or drafting errors. Maintenance is made more clear in the new by-law by describing what types of maintenance activity is or is not permitted in Section 5 (3) and (4). Recommendation: No change. C) Submission Standards Concern: Difference between issuing a heritage permit and accepting an 6'511 -3 - application for a heritage permit. Response: The proposed amendment is brought into the same format as the other development by-laws: the Building By-law, Subdivision By-law, Zoning By-law and Drainage By-law. The requirements for an application are explicitly listed. Recommendation: No change. d) Precedential Value of Previous Decisions Concern: That the Heritage Officer would not have written decisions and as such the issuance of permits by the Heritage Officer would lose precedential value in the case of an appeal. Response: The roles of the Heritage Board and the Heritage Officer are administrative and are not bound by precedent. However, the Board and Heritage Officer should be consistent regardless of the lack of precedential value of previous decisions. Recommendation: No change. Staff will develop an internal workflow procedure to document the Heritage Officer's approvals. e) Demolition of accessory buildings in the Heritage Areas Concern: That this provision could invite demolition of historically valuable accessory structures in the Heritage Areas. Response: These new provisions are an exception to avoid a conflict with the Dangerous Buildings and Unsightly Premises By-law. This was included to ensure that a dangerous building can be dealt with pursuant to our current dangerous building program regardless of its location or heritage value. Recommendation: No change. f) Heritage Permit Expiry Concern: An objection to the introduction of an expiry date of two years for Heritage Permits, considering that heritage conservation projects often are a 'labour of love' and projects are sometimes on-going. Response: There is an option to request an extension of one year for Heritage Permits, similar to the provisions in the Building By-law. From an administrative perspective, property owners may easily apply for an updated Heritage Permit after the expiry term of three years. Recommendation: No change. g) By-law Provisions Outside of the Phase 1 Proposed Amendments Concern: General concerns about the provisions of section 8 of the By - 6191 -4 - law regarding the adoption of the standards within the Standards & Guidelines for Conservation of Historic Places in Canada. Response: These concerns are outside the scope of this Phase 1 Heritage By-law amendment, and will be considered during the more extensive Phase 2 review of the entire By-law as part of the South Central Neighbourhood Plan. Recommendation: No change. SERVICE AND FINANCIAL OUTCOMES The Heritage Development Board will shift from bi-weekly meetings to a monthly meeting schedule in the spring, resulting in some cost savings. New revenue will result with the inclusion of a fee for demolition permit applications. Approximately 65 percent of heritage applications will be reviewed and approved by the Heritage Officer, resulting in quicker turnaround times for heritage property owners. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Legal Department has provided legal support though the amendment process and support on concerns brought forward at the Public Hearing. ATTACHMENTS Appendix A — By -Law Number HC -1A Law to Amend The Saint John Heritage Conservation Areas By-law Appendix B — Unofficial Consolidated By -Law Number HC -1A Saint John Heritage Conservation Areas By-law 67� Appendix A By -Law Number HC -1 A Law to Amend The Saint John Heritage Conservation Areas By-law Be it enacted by The City of Saint John in Common Council convened, as follows: The Saint John Heritage Conservation Areas By-law, enacted on the ninth day of October, A.D. 2007, is amended by: 1. Adding to section 1, immediately after the words, "In this By-law,", in its own paragraph, the following words: "accessory building means a building that is incidental, subordinate, and exclusively devoted to the main use, building, or structure located on the same lot;". 2. Deleting from section 1 the quotation marks surrounding the word "assessed value". 3. Deleting from section 1 the words "Certificate means a Certificate of Appropriateness provided for by the Act;". 4. Deleting from section 1 the words "Conservation Area means that conservation area established under Section 5 of the Act and defined in Section 2 of this By-law;". 5. Deleting from section 1 the following words: "design means general appearance of the exterior of a building or structure including size, shape, exterior surface textures, colours, decoration features, and standards of maintenance, qualities and types of exterior materials, landscaping, relationship of building or structure to its site, and for the purposes of this By -Law signage located on the interior which is visible to be read from the exterior shall be included as well as other matters relating to the nature of the exterior appearance;". 6. Deleting from section 1, the following words: "development means the erecting, placing, relocating, removing, renovating, preserving, rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a building or structure, in whole or part other than traffic control devices or statutory notices, within a Preservation Area;" and replacing them with the following paragraph: "development means the erecting, placing, relocating, removing, renovating, preserving, rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a building or structure including, but not limited to, signs, in whole or part other than traffic control devices or statutory notices;". 7. Adding to section 1, immediately after the words "guidelines means prescriptive statements presented as recommended and non -recommended actions as found in the national Standards for the Conservation of Historic Places in Canada and/or descriptive statements as found in the City of Saint John Practical Preservation Guidelines, that provide practical guidance in applying the Standards for Conservation, of existing buildings,", in their own paragraph, the following words: "Heritage Permit means a municipal heritage permit authorized under the Heritage Conservation Act, issued by the Board or the Heritage Officer;". 8. Removing from section 1 the following words: "guidelines means prescriptive statements presented as recommended and non -recommended actions as found in the national Standards for the Conservation of Historic Places in Canada and/or descriptive statements as found in the City of Saint John Practical Preservation Guidelines, that provide practical guidance in applying the Standards for Conservation, of existing buildings,". 9. Adding to section 1, immediately after the words: "heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. The heritage value of a historic place is embodied in its character -defining materials, forms, design, location, spatial configurations, uses and cultural associations or meanings." the following words, in their own paragraph: "Heritage Conservation Act, means the Heritage Conservation Act, SNB 2010, c H-4.05." 10. Deleting from section 1 the following words: "heritage conservation area means that heritage conservation area established under Section 5 of the Municipal Heritage Preservation Act and defined in Section 2 of this By-law." 6'1:3 and replacing it with the following words: "heritage conservation area means a heritage conservation area established under the Heritage Conservation Act and defined in this By-law." 11. Deleting from section 1, the following words: "maintenance means routine, cyclical, non-destructive actions necessary to slow or prevent the deterioration of a building, structure or historic place. It entails periodic inspection; routine, cyclical, non-destructive cleaning; minor repair and refinishing operations; replacement of damaged or deteriorated materials with compatible traditional materials and details of similar profiles as the original. It does not include any alteration, design change and/or replacement where such replacement involves a change in design or material. For the purpose of this By-law the cleaning of a building or structure is deemed to constitute an alteration to the exterior surface texture and is not considered maintenance." 12. Deleting from section 1, the following words: "owner means the registered owner of a building or structure within the Heritage Conservation Area, the lessee thereof, or a person in possession of a bona fide contract to purchase same;" and replacing it with the following words: "owner means the registered owner of real property;". 13. Adding the words "removal," immediately after the words "Rehabilitation means the action or process of making possible a continuing or compatible new use for a historic place, or of an individual component, through repair," and immediately preceding the words "alterations and/or additions,". 14. Deleting from section 1, the following paragraph: "Standard(s) means norms for the respectful conservation of existing heritage buildings as indicated in Section 8 of this By -Law and norms for the construction of new (infill) buildings that are sensitive to their context as indicated in Section 9 of this By -Law." 15. Deleting from section 1, the following words: "Standards & Guidelines for the Conservation of Historic Places in Canada means pan Canadian document providing guidance on how to best conserve our irreplaceable built heritage and on the limits of acceptable change to it; as first published by Parks Canada in 2003 and subsequently revised from time to time;". and replacing it with, the following words: 6'1%] "Standards & Guidelines for the Conservation of Historic Places in Canada means the pan Canadian document providing guidance on how to best conserve our irreplaceable built heritage and on the limits of acceptable change to it; as published by Parks Canada in 2010." 16. Changing the header immediately preceding section 2 to the following bolded words: "HERITAGE CONSERVATION AREA AND APPLICATION OF BY-LAW'S 17. Deleting section 3 and replacing it with the following words: "3 (1) This by-law shall be administered by the Board. 3 (2) The Board may designate a Heritage Officer to issue Heritage Permits." 18. Replacing the header immediately preceding section 4 to the following bolded words: "Heritage Permit" 19. Deleting section 5 (1) and replacing it with the following words: "5 (1) Subject to subsection (2), no person shall carry out, or cause to be carried out any development within the Heritage Conservation Areas unless: (a) the development meets the standards prescribed by sections 8 and 9; and (b) a valid Heritage Permit has been issued pursuant to this By-law." 20. Adding the following words, immediately following section 5 (2): "5 (3) Notwithstanding paragraph 5 (1)(b) a person shall be exempted from requiring a Heritage Permit for the following developments: (a) Ordinary maintenance or repair of building components and does not include removal or replacement, or a change in design, materials, finishes or appearance; (b) Painting with colours that have been previously approved in a prior Heritage Permit for that development; (c) Holes no larger than 6" in diameter for service entrance; (d) Replacing flat -roof roofing material; and (e) Landscaping including, but not limited to, walkway pavers. 5 (4) Nothing in 5 (3) exempts the following developments from requiring a Heritage Permit Ais] (a) Replacing gable or mansard roofing; (b) Painting with colours dissimilar to existing colours; (c) Adding or removing elements; (d) Any cleaning that changes the exterior surface texture including, but not limited to, pressure washing with abrasives including, but not limited to, water or sand; and (e) Altering, constructing or removing fences. 21. Deleting section 6 and replacing it with the following words: "6 (1) An application for a Heritage Permit shall be filed with the Heritage Officer. 6 (2) The Heritage Officer shall accept an application for a Heritage Permit when: (a) The information submitted appears to be adequate to determine compliance with the provisions of this By-law; (b) the information submitted is correct; and (c) the full application fee has been received by the Heritage Officer. 6 (3) An application shall be in the form prescribed by the Board and shall include, as applicable: (a) in the case of an existing building or structure: (i) a site plan showing the property boundaries and location of the proposed development; (ii) elevation drawings, drawn to scale, to illustrate the architectural design, dimensions, materials and colour of the proposed development; (iii) "before and after" drawings, sketches or photographs to illustrate both the existing situation and the proposed alteration; (b) in the case of new (infill) development: (i) All materials necessary to demonstrate the appropriateness of the development within the surrounding streetscape context which may include: A. site plans; AI B. building section drawings; C. architectural details; D. specifications and descriptions of materials to be used; E. elevation drawings; and F. floor plans. 6 (4) The Board, or the Heritage Officer if so authorized, shall issue a Heritage Permit if the proposed development meets the standards prescribed by sections 8 and 9 6 (5) The Board may refuse to issue a Heritage Permit where it considers that the development plans and specifications submitted as part of the application are incomplete or where such plans and specifications show that the proposed conservation or development, with the exception of demolition, is incompatible with the standards prescribed by sections 8 and 9. 6 (6) A Heritage Permit is valid for a period of two years from the date of its issuance. 6 (7) The Board, or the Heritage Officer if so authorized, shall renew a Heritage Permit for a period of up to one year from the original date of expiry upon request of the Heritage Permit holder in the manner prescribed by the Board when the development meets the conditions of this By-law. 6 (8) A Heritage Permit may be renewed no more than once. 6 (9) The Board, or the Heritage Officer if so authorized, shall notify the Heritage Permit holder, in writing, that the Heritage Permit has been renewed. 6 (10) A Heritage Permit that has expired shall be deemed revoked." 22. Repealing section 7. 23. Deleting subsection 8 (2) and replacing it with the following words: "8 (2) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) development or demolition, shall comply with the standards prescribed by the Standards & Guidelines for the Conservation of Historic Places in Canada." 24. Deleting paragraph 10 (1) (a) and replacing it with the following words: I' "(a) the building or structure has been identified by the Board as incompatible with the standards prescribed by the Standards & Guidelines for the Conservation of Historic Places in Canada or Section 9 of this by-law, as applicable;". 25. Adding immediately after paragraph 10 (1) (a) the following words: "(a.1) the building or structure is an accessory building and is a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength;". 26. Delete subsection 10 (4) and replace it with the following words: "10 (4) The Notice of the Offer to Sell mentioned at paragraph 10 (1) (b) shall: (a) appear in the real estate section of the newspaper; (b) be at least one column in width; (c) have at the top of the ad a headline in 24 pt. type in capitals, indicating the name of the Heritage Conservation Area that the property is located within; (d) use 8 pt. type in the text of the ad; (e) identify the property and its location; (f) state the offering price; (g) state the date the Offer to Sell is to begin, which date shall not be earlier than the date such offer was filed with the Heritage Officer pursuant to subsection 2(a); and (h) include a black and white photograph of the property, to be a minimum of the width of the column by whatever necessary height, that clearly illustrates the character defining elements of the property. 10(4.1) The Listing Agreement mentioned in paragraph 10 (1) (c) shall be in the form principally used by licensed real estate agents and brokers within the City of Saint John and shall cause the property to: (a) be listed with a licensed real estate salesperson who is a member of the Saint John Real Estate Board; (b) be listed via the MULITIPLE LISTING SERVICE°; (c) adhere to the Saint John Real Estate Board's MLS° Rules and Regulations and its policies for the suitable presentation of the property for marketing purposes; and M (d) include a photograph representing a clear and accurate representation of the property for sale and its heritage character defining elements. 10(4.2) Exclusive listings with a REALTOR ° shall not be acceptable for the purposes of this By -Law." 27. Delete subsection 11 (3) and replace it with the following words: "11 (3) The Board shall, upon issuing a Heritage Permit approving the demolition, removal or relocation of a building or structure or any part thereof, under section 10, forthwith, at its own expense, (a) cause a notice to be published (i) on the municipal website; or (ii) in a newspaper of general circulation in the municipality stating that the building or structure in question has been approved for demolition, removal or relocation, the date of issue of the Heritage Permit and outline the statutory right of appeal which exists against the Board's decision; (b) notify the Minister responsible for the Heritage Conservation Act that the Heritage Permit has been issued." 28. Repeal subsection 11 (4) in the French version. 29. Repeal section 13. 30. Repeal section 14 of the French version and renumber sections 15 through 17 in the French version as 14 through 16. 31. Delete section 16 and replace with the following words: "16 (1) Nothing in this by-law shall be construed so as to affect the demolition of any building pursuant to a notice issued pursuant to sections 190.01(2) or 190.041 of the Municipalities Act, RSNB 1973, c M-22. 16 (2) Nothing in this by-law shall be construed so as to affect the demolition of any building pursuant to 190.04(1)(b) or 190.041(3) of the Municipalities Act RSNB 1973, c M-22." 32. Add immediately after section 16 the following words, with the words in the header bolded: "Fees 17 The application fees required under this By-law are listed in Schedule "J"." AEII 33. Adding the attached Schedule "J" as its own page immediately after Schedule "I". 34. Deleting all instances of "certificate" and "certificate of appropriateness" and replacing them with the words "Heritage Permit" in its singular or plural as appropriate by context. 35. Deleting all instances of "Heritage Development Board" or "Heritage Board" and replacing them with the word "Board". 36. Replacing all references to "Secretary" and "Secretary of the Board" and replacing them with the words "Heritage Officer". 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 I and signed by: Mayor/Maire Common Clerk/greffier communal First Reading Second Reading Third Reading AM Schedule "J": Fees The application fees referred to in this By-law are as follows: Developments which include demolition, $1000 removal or relocation pursuant to section 10. All other developments Free C�� UNOFFICIAL CONSOLIDATION BY-LAW NUMBER HC -1 SAINT JOHN HERITAGE CONSERVATION AREAS BY-LAW Thursday, 30 March 2017 The Council of The City of Saint John, under authority vested in it by the Municipal Heritage Preservation Act, Chapter M-21.1, Acts of New Brunswick 1978, enacts as follows: Interpretation 1. In this By-law, accessory building means a building that is incidental, subordinate, and exclusively devoted to the main use, building, or structure located on the same lot. Act means the Municipal Heritage Preservation Act, 1978, Statutes of New Brunswick, Chapter M-21.1; alter means to change in any manner, structurally or otherwise, in whole or in part, the exterior of a building or structure and includes to restore, rehabilitate, preserve, renovate, repair, construct or to change in any manner the design of such building or structure; alteration means any change set out in the definition for alter; Appeal Board means the Planning and Assessment Appeal Board; appurtenances includes but is not limited to additions, decks, walls, fences, light fixtures and standards, steps, paving and signs; archaeological resource means a place or area where the evidence of past human activity is or was located in-situ on, below, or above the ground, or lands under water, of which the recovery and understanding of this evidence can be achieved using archaeological methods. assessed value means the amount of real property assessment shown on the assessment and tax notice most recently issued for a property by the Province of New Brunswick under the Assessment Act (Chapter A-14) Board means the Heritage Development Board appointed pursuant to Section 8 of the Act character -defining elements means includes but is not limited to the materials, forms, locations, spatial configurations, uses and cultural associations or meanings that contribute to the heritage value of a historic place, which must be retained in order to preserve its heritage value. 1 MA UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law contemporary materials includes, but is not limited to, angel stone, aluminium, pre -cast concrete, mirrored glass panels and any other materials not available for buildings constructed on or prior to 1915; conservation means all actions or processes that are aimed at safeguarding the character - defining elements of a cultural resource so as to retain its heritage value and extend its physical life. This may involve "Preservation", "Rehabilitation", "Restoration", or a combination of these actions or processes. Council means the Mayor and Councillors of The City of Saint John; development means the erecting, placing, relocating, removing, renovating, preserving, rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a building or structure including, but not limited to, signs, in whole or part other than traffic control devices or statutory notices; facade opening means any penetration of the solid material comprising the building facade. This includes window openings, doors, and archways. The area devoted to facade opening is measured on an orthographic projection from the facade elevation; facade opening/wall ratio means the ratio between the area of the facade devoted to windows and door openings and the area of the facade composed of opaque materials (wall); Heritage Permit means a municipal heritage permit authorized under the Heritage Conservation Act, issued by the Board or the Heritage Officer; height of a building or structure means the vertical distance from the ground at the centre of the building facade to the highest point of the coping of a flat roof between the eaves and a ridge or to the deck line of a mansard roof or the average height between the plate and ridge of a gable, hip, or gambrel roof and excluding such structures as elevator penthouses, chimneys, smoke stacks and steeples; heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. The heritage value of a historic place is embodied in its character -defining materials, forms, design, location, spatial configurations, uses and cultural associations or meanings. Heritage Conservation Act, means the Heritage Conservation Act, SNB 2010, c H-4.05. historic place means a structure, building, group of buildings, district, landscape, archaeological site or other place that has been formally recognized for its heritage value. heritage conservation area means a heritage conservation area established under the Heritage Conservation Act and defined in this By-law. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. [:�:1 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law historic place means a structure, building, group of buildings, district, landscape, cultural landscape, archaeological site or other place that has been formally recognized for its heritage value. intervention means any action, other than demolition or destruction, that results in a physical change to an element of a historic place. listing agreement means the agency agreement formed between a vendor as Principal and their agent regarding the trade of property and includes the New Brunswick Real Estate Board's standard listing agreement form and includes those agreements which are listed on the New Brunswick Real Estate Board's MLS® ("MLS® LISTINGS") and, unless the context indicates otherwise, exclusive listings. minimal intervention means the gentlest approach with the least physical intervention, which allows functional goals to be met. Multiple Listing Service® means a real estate data base listing service operated by a member of a real estate board and is a registered trade mark of the Canadian Real Estate Association. municipality means The City of Saint John; owner means the registered owner of real property ; Preservation means the action or process of protecting, maintaining and/or stabilizing the existing materials, forms and integrity of a historic place, or of an individual component, while protecting its heritage value. Rehabilitation means the action or process of making possible a continuing or compatible new use for a historic place, or of an individual component, through repair, removal, alterations and/or additions, while protecting its heritage value. Restoration means the action or process of accurately revealing, recovering or representing the state of a historic place, or an individual component as it appeared at a particular period in its history, while protecting its heritage value. sandblasting means a technique for the cleaning of buildings or structures of masonry construction which employs abrasive particles under pressure of water or air; setback means the distance between the street line and the front building line of a principal building or structure projected to the sideline of the lot; Standards & Guidelines for the Conservation of Historic Places in Canada means the pan Canadian document providing guidance on how to best conserve our irreplaceable built heritage and on the limits of acceptable change to it; as published by Parks Canada in 2010. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. C:1'] UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law street line means the dividing line between a lot and the right-of-way of a street, road, highway, avenue, lane, court or private easement providing generally the primary access to and egress from the property abutting along its length; structural alteration means any change in the supporting members of a building, such as -a bearing walls or partitions, columns, beams, girders, etc., which results or could result in a change in the exterior walls or roof of such building or structure; traditional materials includes but is not limited to wood, brick, stone, but excludes those materials not commonly used prior to 1915; yard means an open space on the same lot with a building, such space being unoccupied and unobstructed from the ground upward; yard, rear means a yard extending across the full width of the lot between the rear most building structure and the rear lot line; yard, front means a yard extending across the full width of the lot between the street line and any building or structure; yard, side means the yard between the side lot line and the parts of the building or structure nearest thereto and extends from the street line to the rear line of said lot. HERITAGE CONSERVATION AREA AND APPLICATION OF BY-LAW 2(1) (a) Trinity Royal Heritage Conservation Area: That portion of The City of Saint John illustrated on the attached Schedule "A" which forms part of this By-law, is hereby established as the Trinity Royal Heritage Conservation Area. (b) Quinton Farmhouse Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures and lands known as the Quinton Farmhouse, situated at civic number 1260 Manawagonish Road, as illustrated on Schedule "B" which forms part of this By -Law and is hereby established as the Quinton Farmhouse Heritage Conservation Area. (c) Orange Street Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures, and lands fronting onto both sides of Orange Street bounded on the east by Crown Street, on the west by Sydney Street, on the north by the rear property line of all properties facing Orange Street, on the south by the rear property line of all properties facing Orange Street and by all corner buildings fronting onto Carmarthen, Wentworth and Pitt Streets, having a side Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. Me] UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law facade facing onto Orange Street and including the structures at 114 Wentworth Street and 116 Wentworth Street, as illustrated on Schedule "C" which forms part of this By- law, is hereby established as the Orange Street Heritage Conservation Area. (d) Douglas Avenue Heritage Conservation Area That portion of the City of Saint John being the buildings, structures and lands which are illustrated and listed on Schedule "D" which forms part of this By -Law and is hereby collectively established as the Douglas Avenue Heritage Conservation Area. (e) Red Rose Tea Heritage Conservation Area: That portion of the City of Saint John being the building, structure and land known as the Red Rose Financial, situated at civic number 49 Mill Street (NBGIC numbers 38984 and 55065007), known as the Red Rose Tea Building and only that portion of the site which the building occupies, as illustrated on Schedule "E" which forms part of this By -Law and is hereby established as The Red Rose Tea Heritage Conservation Area. (f) King Street East Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures and lands fronting onto both sides of King Street East bounded on the east by Courtenay Bay, on the west by Sydney Street, bounded on the north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties which are facing onto Sydney Street, Carmarthen Street, Wentworth Street, Pitt Street and Crown Streets, having a side facade facing onto King Street East as illustrated on Schedule "F" which forms part of this By- law, is hereby established as The King Street East Heritage Conservation Area. (g) King Street West Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures and lands illustrated and listed on Schedule "G" which forms part of this By -Law and is hereby established as The King Street West Heritage Conservation Area. 205 Duke Street West 286 King Street West 287 King Street West 291 King Street West 293 King Street West 300-302 King Street West 313-315 King Street West 317 King Street West and Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. 71 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law King Square West bounded by Watson Street, Duke Street West, Prince and Carleton Kirk Place (h) Brookville-Torryburn Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures, and lands situated at civic numbers 1107 Rothesay Road and 1020 Rothesay Road, as illustrated on Schedule "H" which forms part of this By -Law and is hereby established as The Brookville Torryburn Heritage Conservation Area. (i) Princess Street Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures, and lands fronting onto both sides of Princess Street bounded on the west by Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by the rear property line of all properties facing Princess Street, bounded on the south by the rear property line of all properties facing Princess Street and by all corner properties which are facing onto Sydney Street or Carmarthen Street, having a side facade facing onto Princess Street and shall include the property at the north-west corner of the intersection of Sydney Street and Princess Street as well as the property at civic address 80 Sydney Street as illustrated on Schedule "I" which forms part of this By-law, is hereby established as The Princess Street Heritage Conservation Area. 2 (2) This By-law shall apply to the Heritage Conservation Areas established by subsection (1) hereof. ADMINISTRATION 3 (1) This by-law shall be administered by the Board. 3 (2) The Board may designate a Heritage Officer to issue Heritage Permits. GUIDANCE STANDARDS 4 (1) The Board shall acquire or compile a register of all buildings or structures in the Heritage Conservation Areas. 4 (2) In order to provide guidance to the public on standards of design for developments in the Heritage Conservation Areas, the Board shall maintain the file or files containing drawings, photographs and other descriptive or pictorial items showing structures, architectural styles, and materials appropriate to the area. 4 (3) Such registers and files shall form part of the records of the Board. Heritage Permit Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. roil UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 5(l) Subject to subsection (2), no person shall carry out, or cause to be carried out any development within the Heritage Conservation Areas unless: (a) the development meets the standards prescribed by sections 8 and 9; and (b) a valid Heritage Permit has been issued pursuant to this By-law. 5 (2) No development in accordance with the Heritage Permit shall be carried out until every right of appeal under the Act has been exercised in the particular case or until the time prescribed by the Act for the exercise of that right of appeal has expired. 5 (3) Notwithstanding paragraph 5 (1) (b) a person shall be exempted from requiring a Heritage Permit for the following developments: (a) ordinary maintenance or repair of building components and does not include removal or replacement, or a change in design, materials, finishes or appearance; (b) Painting with colours that have been previously approved in a prior Heritage Permit for that development; (c) Holes no larger than 6" in diameter for service entry; (d) Replacing flat -roof roofing material; and (e) Landscaping, including, but not limited to, walkway pavers. 5 (4) Nothing in 5(3) exempts the following developments from requiring a Heritage Permit (a) Replacing gable or mansard roofing; (b) Painting with colours dissimilar to existing colours; (c) Adding or removing new elements; (d) Any cleaning that changes the exterior surface texture including, but not limited to, pressure washing with abrasives including, but not limited to, water or sand; and (e) Altering, constructing or removing fences. Application for Heritage Permit Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. rM UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 6 (1) An application for a Heritage Permit shall be filed with the Heritage Officer. 6 (2) The Heritage Officer shall accept an application for a Heritage Permit when: (a) The information submitted appears to be adequate to determine compliance with the provisions of this By-law; (b) the information submitted is correct; and (c) the full application fee has been received by the Heritage Officer. 6 (3) An application shall be in the form prescribed by the Board and shall include, as applicable: (a) in the case of an existing building or structure: (i) a site plan showing the property boundaries and location of the proposed development; (ii) elevation drawings, drawn to scale, to illustrate the architectural design, dimensions, materials and colour of the proposed development; (iii) "before and after" drawings, sketches or photographs to illustrate both the existing situation and the proposed alteration; (b) in the case of new (infill) development: (i) All materials necessary to demonstrate the appropriateness of the development within the surrounding streetscape context which may include: A. site plans; B. building section drawings; C. architectural details; D. specifications and descriptions of materials to be used; E. elevation drawings; and F. floor plans. 6 (4) The Board, or the Heritage Officer if so authorized, shall issue a Heritage Permit if the proposed development meets the standards prescribed by sections 8 and 9_ 6 (5) The Board may refuse to issue a Heritage Permit where it considers that the development plans and specifications submitted as part of the application are incomplete or where such plans and specifications show that the proposed conservation or development, with the exception of demolition, is incompatible with the standards prescribed by sections 8 and 9. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. rL! UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 6 (6) A Heritage Permit is valid for a period of two years from the date of its issuance. 6 (7) The Board, or the Heritage Officer if so authorized, shall renew a Heritage Permit for a period of up to one year from the original date of expiry upon request of the Heritage Permit holder in the manner prescribed by the Board when the development meets the conditions of this By-law. 6 (8) A Heritage Permit may be renewed no more than once. 6 (9) The Board, or the Heritage Officer if so authorized, shall notify the Heritage Permit holder, in writing, that the Heritage Permit has been renewed. 6(10) A Heritage Permit that has expired shall be deemed revoked. REQUIREMENT TO MEET STANDARDS 7 Repealed; STANDARDS FOR CONSERVATION OF EXISTING BUILDINGS 8 (1) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) construction or demolition, shall use one or a combination of the following three conservation treatments: (a) Preservation of compatible historic materials, detailing and values; (b) Rehabilitation of compatible historic character -defining elements and values; or (c) Restoration of historic character defining elements complete with their appropriate detailing and values to a pre -1915 appearance, when based upon sufficient evidence. 8 (2) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) construction or demolition, shall comply with the standards prescribed by the Standards & Guidelines for the Conservation of Historic Places in Canada. STANDARDS FOR NEW (INFILL) DEVELOPMENT 9(l) Subject to Section 9.1, any development, with the exception of demolitions, within the Heritage Conservation Areas shall comply with the following regulations: For the purposes of Section 9 the following definitions apply: Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. 01 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law "neighbouring buildings or structures" means the existing buildings or structures fronting upon the same side of the street or streets and adjacent or most proximate to the development. "side yard ratio" means the ratio of the width of the side yard between the side lot line and the parts of the building or structure nearest thereto, and the total width of the lot. (a) Where the setbacks of neighbouring buildings or structures are uniform, the setback of the development shall conform thereto. (b) Where the setbacks of neighbouring buildings or structures are not uniform: (i) if the setback of one of the neighbouring buildings or structures is the same as the setback of the building or structure adjacent or most proximate to it then the setback of the development shall conform thereto; or (ii) if the setback of the neighbouring building or structure on either side of the development is not the same as the setback of those buildings or structures adjacent or most proximate to it, then the setback of the development shall conform to that of either of the neighbouring buildings or structures. (iii) within the Douglas Avenue Heritage Conservation Area, the setback for new infill development is to be in alignment with the last building from the historic period (1853-1940) to have occupied the site. The Board or the Heritage Officer may permit a different setback where it is compatible with the appearance of and rhythm of the historic streetscape. (By-law 93-241) (c) The side yard ratio on each side of a development shall conform to the relative side yard ratios of either of the neighbouring buildings or structures so as to maintain the pattern of open and occupied spaces. (d) The height of a development shall not be less than 80 percent and not more than 120 percent of the average height of existing buildings on both sides of the block within which the development is located, regardless of age, except that: (i) additional height at no point shall be greater than 140 percent of the height of all buildings on both sides of the block within which the proposed development is located, and provided that no development shall interrupt a line starting at a point 5 feet (1.5 meters) vertically above the curb on the opposite side of the street and projecting past the top of the roof cornice/parapet at the otherwise maximum permitted 120 percent height calculated for the proposed development; and Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. MQ UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law (ii) if the proposed development is located on a corner lot, the additional height between 120 percent and 140 percent shall not interrupt a line as defined in (i) struck from 5 feet (1.5 meters) above the curb of either street. (e) The height/width ratio of the facades of a development shall not vary by more than 10 percent from the height/width ratio of the facades of existing buildings constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street. (f) Notwithstanding paragraph (e), the Board may issue a Heritage Permit for a building or structure proposed for a parcel of land of a width greater than the average width of building lots within the same block where such proposed building or structure is too wide to comply with the height/width ratio set forth in paragraph (e), provided that, the Developer shall cosmetically divide the facade of such building or structure with pilasters or other design techniques into sections or bays which do conform to the required height/width ratio. (g) The allowable facade opening/wall ratio for the facade of a development shall not vary by more than 10 percent from the facade opening/wall ratio of the facades on existing buildings of the same type or style constructed prior to 1915 and not subsequently altered, and located within the same block as the development, fronting upon the same side of the street. (h) The dimensions of the windows in a development shall not vary by more than 10 percent from the dimensions of the windows in existing buildings of the same type or style constructed prior to 1915 and not subsequently altered, and located with the same block as the development, fronting upon the same side of the street. (i) The roof or roofs of a development in regard to their direction, pitch and arrangement shall conform to those on existing buildings of the same type or style constructed prior to 1915 and not subsequently altered, and located within the same block as the development, fronting upon the same side of the street. 0) The size, shape and prominence of a porch, entrance projection or doorway in a development shall be similar to those found on existing buildings of the same type or style constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street. (k) A development shall use traditional detailing and traditional materials for its exterior facades in keeping with those found on existing building or buildings of the same type or style constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street. The Board Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. MA UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law may permit the use of contemporary materials where their appearance is compatible with the appearance of traditional materials and detailing. When reviewing proposals to determine compatibility of contemporary materials, the Board shall consider but not be limited to the following: ■ Proposed construction assembly detailing and the degree that proposed matches the appearance of the original; ■ Proposed cross-sectional profiles and the degree that proposed matches originals; ■ Proposed texture and finish and the degree that proposed matches the original; ■ When cost is used as a factor, then long-term operating and life -cycle cost, as well as embedded energy, landfill impact, employment generation and spin-offs shall be used rather than short term capital cost. 9 (2) In the case where there is no existing building or structure located within the same block as the development, the standards of this Section are deemed to relate to a building or structure which is most proximate to the development. 9 (3) Mid -Block developments which do not front on any street or streets, are exempt from the standards set forth in this Section. 9.1(1) Section 9 does not apply to the erection of any building or portion thereof upon one (1) or more of the parcels of land identified by Parcel Identification (PID) Nos. 55178784, 55088595, 55184022, 55184014, 55184006, 55202923 and 00009522; 9.1(2) Any building or portion thereof erected upon one or more of the parcels of land identified in subsection (1) shall comply with the following provisions: (a) any front yard setback shall not be greater than three (3) metres; (b) the side yard setback shall not be less than one (1) metre nor greater than two and one half metres (2.5) metres; (c) the maximum height shall not be greater than sixty (60) metres, articulated by base, middle and top proportions as shown on the plans attached hereto as Schedule "A". The building shall include at an elevation of fifteen (15) metres, plus or minus ten percent (10%), an offset of a minimum of one and one half (1.5) metres from the base facade; (d) the facades of the building along King Square South and Sydney Street shall be articulated with three vertical sections through the use of a central recessed bay that is sympathetic to the adjacent buildings along King Square South. The street facing facades of the building shall be developed with horizontal architectural detail reflecting the elevations of the cornice lines of Imperial Theatre and Admiral Beatty buildings; Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. N-11 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law (e) window openings on the facades of the building shall be consistent with the locations and proportions shown on the plans attached hereto as Schedule "A",- (f) A"; (f) the building shall have a flat roof sympathetic to the adjacent buildings along King Square South; (g) the building entrance on the King Square South facade shall consist of three centrally located double doors with transom windows and incorporate a canopy as shown on the plans attached hereto as Schedule "A"; (h) the building shall use high quality materials for the facades and the exterior elements. High quality materials shall be used for the base levels of the building, including but not limited to, stone, masonry, and/or metal with anodized bronze finish. Contemporary, manufactured materials, including architectural pre -cast concrete panels, may be used for the facades at levels above the base levels provided they have the appearance of the materials used in the facades of the base. Demolition, Removal or Relocation 10 (1) No building or structure within a Heritage Conservation Area, or any appurtenances thereto, shall be demolished, removed or relocated and no Heritage Permit for such development shall be issued until, (a) the building or structure has been identified by the Board as incompatible with the standards prescribed by the Standards & Guidelines for the Conservation of Historic Places in Canada or Section 9 of this by-law, as applicable; (a.1) the building or structure is an accessory building and is a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; (b) the owner, in accordance with subsection (2), has published an offer to sell the building or structure and the land pertaining thereto and no agreement for the sale of the property has been signed, or (c) the owner has, in accordance with subsection (2), listed the building or structure and the land pertaining thereto for sale with a Multiple Listing Service® and has also entered into a contract with a licensed real estate sales person who has an office within the City, and no agreement for sale of the property has been signed. 10 (2) The owner, who is making an offer to sell or who has entered into a Listing Agreement for such building or structure shall: Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. 0611 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law (a) before publishing the offer to sell, file a copy of it with the Heritage Officer. He shall also, at his own expense, cause a notice of the offer to sell to be published in the Telegraph -Journal newspaper at least once a month for a period of not less than six consecutive calendar months. The sale price in the offer to sell shall be not more that the higher of the assessed value or the market value as determined by an independent appraiser in accordance with this by-law, and (b) before entering into a Multiple Listing agreement, file a copy of it with the Heritage Officer. The multiple listing agreement shall run for not less than six consecutive months. The sale price in the multiple listing agreement shall be not more that the higher of the assessed value or the market value as determined by an independent appraiser in accordance with this by-law. 10 (3) The Heritage Officer, upon receiving the Offer to Sell pursuant to subsection 2(a), or the Listing Agreement pursuant to subsection 2(b), shall forthwith notify the Minister responsible for the Heritaize Conservation Act. 10 (4) The Notice of the Offer to Sell mentioned at paragraph 10 (1) (b) shall: (a) appear in the real estate section of the newspaper; (b) be at least one column in width; (c) have at the top of the ad a headline in 24 pt. type in capitals, indicating the name of the Heritage Conservation Area that the property is located within; (d) use 8 pt. type in the text of the ad; (e) identify the property and its location; (f) state the offering price; (g) state the date the Offer to Sell is to begin, which date shall not be earlier than the date such offer was filed with the Heritage Officer pursuant to subsection 2(a); (h) include a black and white photograph of the property, to be a minimum of the width of the column by whatever necessary height, that clearly illustrates the character defining elements of the property; or 10 (4.1) The Listing Agreement shall be in the form principally used by licensed real estate agents and brokers within the City of Saint John and shall cause the property to: (a) be listed with a licensed real estate salesperson who is a member of the Saint John Real Estate Board; Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:191 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law (b) be listed via the MULTTIPLE LISTING SERVICE®; (c) adhere to the Saint John Real Estate Board's MLS® Rules and Regulations and its policies for the suitable presentation of the property for marketing purposes; (d) include a photograph representing a clear and accurate representation of the property for sale and its heritage character defining elements; and 10 (4.2) Exclusive listings with a REALTOR ® shall not be acceptable for the purposes of this By -Law. 10 (5) The Board shall refuse to approve the notice of an offer to sell and/or a multiple listing agreement if the sale price is greater than the higher of the assessed value of the property or the market value as determined by an independent appraiser in accordance with this by-law. 10 (6) A Heritage Permit for demolition shall be valid for a period of not more than 180 days from the date of issuance. TERMS AND CONDITIONS OF HERITAGE PERMITS FOR DEMOLITION (a) the Board may require the Notice of Offer to Sell referred to in section 10 (1)(b) and the Listing Agreement referred to in Section 10(1)(c) to remain in effect for a period not exceeding twelve months if it is the opinion of the Board that the nature of a property to be sold is such that it would require a publicly advertised Offer to Sell or a Listing Agreement of more than six months duration in order to attract potential purchasers. (b) Where the Board makes such a determination it shall notify the owner in writing of its decision and it shall amend any published notice to sell or the Listing Agreement and shall pay the additional costs of the advertisement. 11 (2) The owner shall notify the Board if the property has not been sold by the end of the offer to sell or the multiple listing agreement period, and the Board shall issue a Heritage Permit to demolish the building or structure, subject to such terms and conditions as the Board deems necessary for the purpose of preserving any part(s) or character defining element(s) of such building or structure or appurtenances thereto, including entire facades which are of historic or architectural value or interest. 11 (3) The Board shall, upon issuing a Heritage Permit approving the demolition, removal or relocation of a building or structure or any part thereof, under section 10, forthwith, at its own expense, (a) cause a notice to be published (i) on the municipal website; or Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E -11I UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law (ii) in a newspaper of general circulation in the municipality stating that the building or structure in question has been approved for demolition, removal or relocation, the date of issue of the Permit and outline the statutory right of appeal which exists against the Board's decision; (b) notify the Minister responsible for the Heritage Conservation Act that the Heritage Permit has been issued. REAL AND TRUE VALUE 12 An owner who wishes to offer his property for sale, or enter into a multiple listing agreement, for a price that is higher than the assessed value of the property shall engage an independent appraiser who is mutually agreeable to the owner and the Board and who is a member in good standing of the New Brunswick Association of Real Estate Appraisers to determine the market value of the property. An appraiser with a Canadian Residential Appraiser (CRA) designation or an Accredited Appraiser Canadian Institute (AACI) designation may determine the market value of a residential property that has no more than four dwelling units by using the direct comparison approach. Only an appraiser with an AACI designation may determine the market value of any other property, including but not limited to commercial and residential property having more than four dwelling units. The determination of the market value is to be made by making an average of the values found by using each of the following three approaches: i) Cost Approach; ii) Income Approach; and iii) Direct Comparison Approach. The Board and the owner agree to be bound by the value determined by the appraiser and to equally share the cost of the appraisal. 13 Repealed; INTERPRETATION 14 For the purposes of this by-law: (a) a word importing the masculine gender includes a feminine gender and a word importing a feminine gender includes the masculine gender; (b) a word in the singular includes the plural and a word in the plural includes the singular whenever the context of the by-law would so require. OTHER 15 The headings used in this by-law are inserted for convenience of reference only and form no part of the by-law. SAFETY Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:yj UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 16 (1) Nothing in this by-law shall be construed so as to affect the demolition of any building pursuant to a notice issued pursuant to sections 190.01(2) or 190.041 of the Municipalities Act, RSNB 1973, c M-22. 16 (2) Nothing in this by-law shall be construed so as to affect the demolition of any building pursuant to 190.04(1)(b) or 190.041(3) of the Municipalities Act RSNB 1973, c M-22. FEES 17 The application fees required under this By-law are listed in Schedule "J". Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:icj UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law IWO Ob, � 11_ car VC Q nor vv _ 2G v v _ vt � w v vM1 vv w vv � G, 1 ru¢ K n9 en ���— v v ` \ " v v _ � z 4 " v � t v � \ S ' h 10ran9e ���— v v ` \ " v v _ � z 4 " v Sq r \ S ' h 1 = r ^ ���— St Schedule "A" Trinity Royal Heritage Conservation Area Includes the buildings .structures and lands within the boundry indicated on this schedule.. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:11 v ` \ " v v _ 4 " v Sq \ S St Schedule "A" Trinity Royal Heritage Conservation Area Includes the buildings .structures and lands within the boundry indicated on this schedule.. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:11 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law \ O n A V M a ,C4D r 0 arq�� • m �t k r 4.0 est Schedule "B" Quinton Farmhouse Heritage Conservation Area Includes the buildings, structures and land at 1260 Manawagonish Road Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E-111 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law ,0e `eioster St', = st ,v yeinste \ \ \ Y 1 \ \✓ 'rue Prinee58 �� ��� \ ', V\ \ � \ \ \ Y 1 C T Je MecRlenburB gt. N \ St- � ,s"a�een St. Schedule "C" Orange Street Heritage Conservation Area Includes the buildings, structures and lands being the properties on Orange Street bounded on the east by Crown Street, on the west by Sydney Street, on the north by the rear property line of all properties facing Orange Street, on the south by the rear property line of all properties facing Orange Street and by all corner buildings facing onto Carmarthen, Wentworth and Pitt Streets with a side fa(ade facing onto Orange Street, including the two buildings located at civic addresses 114 Wentworth Street and 116 Wentworth Street Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:11.1 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 7 ALEXANDRA ST N\ r, I I I ` �? m—�' J_ Lil 24 ALEXANDRA ST __= ` s I a 25 ALEXANDRA ST 32 ALEXANDRA ST D\ `\—' \ I J� �I Ctfj' 3 34 ALEXANDRA ST 12 BENTLEYST 14 BENTLEY ST J 28 BENTLEY ST 30 BENTLEY ST 56 CLARENDON ST 69 CLARENDON ST 73 CLARENDON ST _ T 75 CLARENDON ST 77 CLARENDON ST e Foa 79 CLARENDON ST 81 CLARENDON ST 83 CLARENDON ST / 25 DOUGLAS AV 29 DOUGLAS AV 31 DOUGLAS AV 108 DOUGLAS AV 127 DOUGLAS AV 147 DOUGLAS AV 149 DOUGLAS AV 152 DOUGLAS AV � 186 DOUGLAS AV 187 DOUGLAS AVr 191 DOUGLAS AV—"— / � r � 193 DOUGLAS AV 202 DOUGLAS AV ; l 203 DOUGLAS AV�l 204 DOUGLAS AV l 206 DOUGLAS AV 207 DOUGLAS AVS ' � m 215 DOUGLAS AV 222 DOUGLAS AV v 229 DOUGLAS AV 233 DOUGLAS AV 234 DOUGLAS AV 241 DOUGLAS AV 248 DOUGLAS AV 249 DOUGLAS AV 254 DOUGLAS AV a , 260 DOUGLAS AV 272 DOUGLAS AV 274 DOUGLAS AV 297 DOUGLAS AV 302 DOUGLAS AV 303 DOUGLAS AV ' Schedule "D" Douglas Avenue Heritage Conservation Area Includes the buildings structures and lands as listed and illustrated on this schedule. Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:1Fl UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law e z i m 3 cD Cue union St rue k3v% 00 St I � li N Schedule "E" Red Rose Tea Heritage Conservation Area Includes the building structures and land at 49 Mill Street Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E:1:3 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. E-lue UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law I K\o954_N 2e Cli $h u ��sr. ,3 I K\o954_N \ \ \ \ \ \ 11 \ 1 \ L r Y� zyt f yciP9 St. S. 16 1 r c r _� ' � at of U! Schedule "F" King Street East Heritage Conservation Area Includes the buildings, structures and lauds on both sides of King Street East bounded on the west by Sydney Street, bounded on the east by Courtney Bay, bounded on the north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties width are facing onto Sydney Street, Carmarthen Street, Wentivorth Street, Pitt Street and Crown Street with a side faVade facing onto King Street East Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. x'191 Ne OnVon ireV A 1 1V 9 , V 1 k \ 1 _ \ \ \ \ \ \ 11 \ 1 \ L r Y� zyt f yciP9 St. S. 16 1 r c r _� ' � at of U! Schedule "F" King Street East Heritage Conservation Area Includes the buildings, structures and lauds on both sides of King Street East bounded on the west by Sydney Street, bounded on the east by Courtney Bay, bounded on the north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties width are facing onto Sydney Street, Carmarthen Street, Wentivorth Street, Pitt Street and Crown Street with a side faVade facing onto King Street East Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. x'191 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law 183 DUKE STW 205 DUKE STW 286 KING STW 287 KING STW 291 KING STW 293 KING STW 5 300 KING STW O 302 KING STW 313 KING STW 315 KING STW 317 KING STW C .e i 1 100 WATSON ST le iI--, Schedule "G" King Street West Heritage Conservation Area Includes the buildings, structures and lauds individually listed on this schedule as indicated on this map. I..,. — I.— .,u...1 ..�..�ub� ...,..—. .. I.. _y .u... .....,..._.u. .­..,.. — — _: .u..j Is available from the Clerk's Office of the City of Saint John. 021 UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law I I I I I I I I I I / i i Schedule "H" Torryburn Heritage Conservation Area Inlcudes the buildings, structures and lands located at 1020 Rothesay Road and 1107 Rothesay Road -____ __ -- ___ __ --Is available from the Clerk's Office of the City of Saint John. ON UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law N King Cue S' Leinster $t sa' co Q. ,,jncess St. Cue es s St' Cue prangs n Al co Schedule "I" Princess Street Heritage Conservation Area Includes the properties, structures and lands located on both sides of Princess Street bounded on the west by Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by the rear property line o_f all properties facing Princess Street, bounded on the south by the rear property line of all properties facing Princess Street and by all corner properties which are facing onto ,Sydney Street or Carmarthen Street, with a side faVade facing onto Princess Street and shall include the property at the north-west corner of the intersection of Sydniy Street and Princess Street as well as the property at civic address SO Sydney Street Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. 019] UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law Schedule J: Fees The application fees referred to in this By-law are as follows: Developments which include $1,000.00 demolition, removal or relocation pursuant to section 10. All other developments Free Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. 0L! UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law Sectiont Reference: r 1 11W Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is available from the Clerk's Office of the City of Saint John. OR Received Date March 30, 2017 Meeting Date April 03, 2017 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Video of Open Council and Committee Meetings Background: With certain thanks to Rogers and our Common Clerk, Saint John Common Council regular meetings have been available for the public to watch for several years. With the advancement of technology, we are able to take another step forward in allowing interested members of the public to watch our proceedings. The motion is left purposefully broad to allow staff the opportunity to investigate different means of meeting the policy. Once upon a time, it was Cable 10, and now we are streamed and stored online for our regular council meetings. Moving to the future, we should be using the technology available to continue to engage our interested citizenry. Facebook live would be an example of one of these possibilities. Motion: All open meetings of Saint John Common Council (Council, Committee of the Whole and Committees of SJCC) be made available online. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saint)ohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I COUNCIL REPORT M&C No. 2017-85 Report Date March 27, 2017 Meeting Date April 03, 2017 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Zoning By -Law Text Amendments related to Medical Marijuana Production Facilities OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head I City Manager Mark Reade I Jacqueline Hamilton I Jeff Trail RECOMMENDATION That Common Council: • Refer the proposed text amendment to the Zoning By-law to permit Medical Marijuana Production Facilities to the Planning Advisory Committee for a report and recommendation and set a Public Hearing date of May 1, 2016. • Direct Growth and Community Staff to report back to Common Council regarding the proposed Federal Legislation and its implications for the Zoning By-law. EXECUTIVE SUMMARY City Staff are proposing a text amendment to the City of Saint John Zoning By- law to include production facilities for medical marijuana as a permitted use in select industrial zones. These facilities are currently subject to licensing by Health Canada and are permitted land uses in Moncton and Fredericton. This approach would allow for the City to capitalize on the potential for a medical marijuana production facilities to locate in Saint John given that there have been two such facilities established in New Brunswick in recent years. These are large-scale facilities which generally resemble a large industrial building, such as a warehouse, where marijuana is produced, processed and shipped for medical use in accordance with Federal Legislation. Growth and Al -2 - Community Development Staff are recommending amendments to the Zoning By-law that would follow a similar approach as that taken by Moncton and Fredericton to permit these large-scale facilities licensed by Health Canada. These facilities are different from the small-scale marijuana dispensaries which have been established in Saint John and other Canadian municipalities recently. These smaller -scale facilities involve the retail sale of marijuana and are currently not licensed by Health Canada. Growth and Community Development Staff will review the proposed federal marijuana legalization legislation once it is introduced and report back to Common Council regarding the implications for the Zoning By-law. PREVIOUS RESOLUTION There are no previous resolutions of Common Council related to this matter. STRATEGIC ALIGNMENT This matter aligns with the following Council priorities: • Ensure Saint John has a competitive business environment for investment. • Support the creation and attraction of businesses that create job opportunities. REPORT This report reviews the current approach to municipal zoning for both large-scale marijuana production facilities licensed by Health Canada and the small-scale storefront marijuana dispensaries that have been recently established in many Canadian municipalities. The Province of New Brunswick has identified research, production and value- added services associated with marijuana as an area of focus in its Economic Growth Plan. Currently under Federal law, opportunities exist for the development of large-scale production facilities for medical marijuana with these facilities being licensed by Health Canada. Two facilities are currently located in New Brunswick - OrganiGram in Moncton, and Zenabis in Campbellton. Federal licensing of these facilities is administered by Health Canada and licensed producers can be authorized to possess, sell provide, ship, deliver, transport, destroy, produce, export and/or import marijuana for medical purposes. Staff note that these large-scale facilities are different from the storefront marijuana dispensaries that have recently been the subject of police enforcement and media attention. While these dispensaries have recently been qe:3 -3 - established in Saint John and other Canadian municipalities, the operation of a storefront cannabis retail business is contrary to federal law. Any zoning approval for such establishments provided by municipality would not preclude law enforcement officials from proceeding with enforcement action, including prosecution. With respect to the smaller -scale dispensaries, the Federal Government has indicated it is proceeding towards the legalization of marijuana which would allow for the production and sale of marijuana to users beyond those who utilize it for medical purposes. Large Scale Production Facilities Currently large-scale production facilities for medical marijuana must obtain a license, with the prospective licensee meeting a series of requirements through Health Canada. These requirements include obtaining the proper security clearances for personnel employed at the facility and meeting the physical security requirements for the cultivation and storage areas. In addition, prior to submitting an application to become a licensed producer of marijuana for medical purposes, the prospective licensee must provide a written notice to the following local authorities informing them of their intention to submit an application: the local police force or Royal Canadian Mounted Police detachment responsible for providing policing services to the area in which the proposed site is located; the local fire authority of that area; and the local government (municipality) of that area. Municipalities cannot stop the licensing process, nor can they prohibit a licensed operator from operating within their boundaries. However, licensed producers must respect the local zoning by-law in in effect. Current Approaches in New Brunswick Within New Brunswick, medical marijuana production facilities are permitted uses in the Zoning By-laws of both Moncton and Fredericton. These municipalities define medical marijuana production facilities as facilities which are licensed by Health Canada and this land use is listed as a permitted use in select industrial zones. These industrial zones are generally found in established industrial parks of both communities. Both Moncton and Fredericton have requirements in their Zoning By-laws which require a separation distance from residential areas and sensitive community 06%] -4 - uses such as schools. In addition, all functions associated with the facility are required to occur within a completely enclosed building. A Proposed Approach for Saint John Growth and Community Development Staff note enquiries have been received from the community regarding appropriately -zoned locations for the establishment of these facilities in Saint John. Given this, combined with the fact that such facilities have been identified by the Province as a component of its economic growth strategy, Growth and Community Development Staff recommend that the Saint John Zoning By-law be amended to allow for medical marijuana production facilities. The City's role would be to mitigate possible adverse impacts on citizens and the community through the appropriate location of these facilities in Saint John. A high-level outline of the proposed amendments is as follows: • Adding the definition of a "Medical Marijuana Production Facility" to the definitions section of the Zoning By-law and reviewing / amending other definitions so that this facility cannot be considered an agricultural or other use. This is similar to the approach taken by Moncton. • Adding these facilities as a permitted use in the Medium Industrial (IM) and Heavy Industrial (IH) zones. • Adding specific spacing and site design conditions similar to those used by Moncton and Fredericton. • Other minor amendments such as adding a specific parking requirement for this use. Should Common Council choose to proceed with this approach, the matter could be referred to the Planning Advisory Committee's (PAC) meeting of April 19. This would provide the following timeline for by-law adoption: • April 3 Common Council Refers the matter to PAC and sets a Public Hearing date of May 1, 2017 • April 19 PAC Meeting • May 1 Public Hearing • May 15 Third Reading The Zoning By -Law amendment process will include advertisements in the Telegraph -Journal on April 6 and April 26, 2016 in accordance with the requirements of the Community Planning Act notifying the Public of the proposed amendment and Public Hearing date. `tell] -5 - Storefront Mariivana Dispensaries Recently storefront marijuana dispensaries have been established in Saint John. These retail outlets have been subject to police enforcement on two separate occasions and to the knowledge of Growth and Community Development are not licensed by Health Canada. Federal Law does not allow municipalities to permit medical marijuana retail stores or clubs. Federal legislation only allows a licensed producer to ship medical marijuana directly to a patient or a medical professional. It is anticipated that Federal legislation will be introduced in early -to mid-April to legalize marijuana in Canada by July 1, 2018. While some Canadian municipalities have taken approaches to recognize dispensaries in their Zoning By-law, Saint John has not. Growth and Community Development Staff have undertaken a cursory review of the approaches taken by other Canadian municipalities with respect to incorporating dispensaries as a land use in their Zoning By-laws. Many of these municipalities have taken the approach to generally prohibit the use given the current Federal legislation. Staff propose to report back to Common Council following the presentation of the proposed Federal legislation regarding the implications of the proposed legalization legislation on the City's Zoning By -Law. This will allow for a proactive approach to be adopted by the City prior to the July 1, 2018 legalization date. SERVICE AND FINANCIAL OUTCOMES The proposed amendments to the Zoning By-law would provide an opportunity for economic development within a growth sector established in the Province's Economic Growth Plan. The amendments would also bring approach taken by Saint John in zoning large-scale medical marijuana production facilities in-line with those of Moncton and Fredericton. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Growth Committee was advised of the proposed approach and is supportive of this proactive approach to medicinal marijuana production. In addition, the Legal Department has reviewed the proposed approach. Growth and Community Development Staff will consult with other service areas including Legal, the Saint John Fire Department and the Saint John Police Force with respect to the proposed amendments as part of the preparation of the Staff Report to the Planning Advisory Committee. `to]I COUNCIL REPORT M&C No. 2017-086 Report Date March 28, 2017 Meeting Date April 03, 2017 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2017 Roadway Construction Projects OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Brian Keenan Michael Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have a significant impact on traffic arteries. A map identifying the location of 2017 City projects is attached. Projects that will have a more significant impact on traffic are highlighted later in this report. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. November 28, 2016; 2017 General Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund (Transportation & Storm Categories) Capital Program Adjustments Approved. `[oy� -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on March 21, 2017 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Maritimes & Northeast Pipeline, Emera Brunswick Pipeline, Bell Aliant, Rogers Communication, Irving Refinery, and the Safe Clean Drinking Water Proponent - Port City Water Partners. The 2017 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2017 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. Route 1 and Interchanges Work will be taking place this season by Gateway Operations on the Gilbert Street, Mill Street, Wall Street, Lancaster Avenue and the Fairville Boulevard/Catherwood Street overpass structures resulting in lane reductions. Retaining wall repairs will be carried out on Lancaster Avenue and Fairville Boulevard resulting in lane reductions. Culvert work will be taking place under the MacKay Interchange affecting both off ramps at Rothesay Avenue Exit 129 East Bound and Exit 129 West Bound. Detours to alternate off ramps will be necessary to accomplish this work. NBDTI Proiects NBDTI will be undertaking work on Route 7 near Welsford to replace a culvert which will include a crossover style detour. Work will also be taking place on the foundations at the Reversing Falls Bridge but should not impact traffic flow. A deck replacement is scheduled for late fall for the Martinon overpass structure near Grand Bay requiring a 6-8 week closure of the overpass. Asphalt Maintenance Resurfacing will be undertaken on the twin north bound lanes of Route 7 (north of Route 1) which will result in lane closures. City Proiects The attached City of Saint John Projects Map for 2017 includes projects under several categories: -3- • Asphalt Maintenance Resurfacing • Water and Sewer Construction • Street Reconstruction • Safe Clean Drinking Water Project Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete depending on length of roadway to be resurfaced. The construction duration will be longer for those locations where concrete curbs/sidewalks are included. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex and significant work is being carried out simultaneously in various sections of the closed roadway. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. The Safe Clean Drinking Water Project includes the design and construction of a new Water Treatment Plant on the east side of Saint John, a new Wellfield on the west side of Saint John, new transmission mains and the rehabilitation of existing transmission mains at various locations in Saint John. From the Projects Map, the following projects will result in significant impacts to traffic flow: • Loch Lomond Road Asphalt Maintenance Resurfacing (Eldersley Avenue to Javin Hill Drive and Gibbon Avenue to Charles Street East) - lane reductions. • Majors Brook Drive (McAllister Drive to Consumers Drive and Consumers Drive (Majors Brook Drive to Westmorland Road) — Asphalt Maintenance Resurfacing — lane reductions. • Chipman Hill (Union Street to King Street), King Street (Water Street to Charlotte Street), Carmarthen Street (Union street to Leinster Street) and Crown Street (Leinster Street to Queen Street) - Asphalt Maintenance Resurfacing — lane reductions. • Main Street West (Railway Tracks to Church Avenue) and Sand Cove Road (Bleury Street to Driftwood Lane) - Asphalt Maintenance Resurfacing — lane reductions. • Fairville Boulevard (Linton Road to Emco Lane) — Storm Sewer Upgrade — lane reductions. `[IL! -4 - McAllister Drive (Civic 4402 McAllister Drive to Mountain View Drive) — Watermain Upgrade — lane reductions. • Ocean Westway (Spruce Lake to Pipeline Road West) - Safe Clean Drinking Water Project — lane reductions. • Hickey Road (Grandview Avenue to Loch Lomond Road) — Safe Clean Drinking Water Project— lane reductions. • Loch Lomond Road (Hickey Road to Bon Accord Drive) - Safe Clean Drinking Water Project — road closures and/or lane reductions. • Loch Lomond Road (Westmorland Road to MacDonald Street) - Safe Clean Drinking Water Project — road closures and detours. • Westmorland Road (Loch Lomond Road to Ellerdale Street) - Safe Clean Drinking Water Project — road closures and detours. • Rothesay Avenue (Thorne Avenue to McLean Street) - Safe Clean Drinking Water Project — lane reductions. • Bridge Road at Intersection with Fallsview Drive - Safe Clean Drinking Water Project — lane reductions. Traffic disruption could be subject to change depending on particular design and/or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities — Enbridge Gas, Bell Aliant and Saint John Energy — to exchange information about their work activities in order to coordinate respective programs and plans. SERVICE AND FINANCIAL OUTCOMES The planned roadway construction projects will result in improvements to the municipal infrastructure. `Wee -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Communications — Construction Information Keeping citizens informed is a key component of a successful construction season. Transportation & Environment Services, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI, Gateway Operations, Port City Water Partners and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. The following will be utilized to communicate information to the public: • Public information sessions for major projects where required. The Safe Clean Drinking Water Project is an example of a recent report on the March 20, 2017 council agenda to advise of a planned Public Information Session for March 30, 2017; • The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. A sample of the weekly update is attached for information. Further information will be compiled as additional 2017 construction projects commence; • "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; • Onsite information signage where needed and; • Working with Destination Saint John and the Visitor Information Centres to keep visitors/tourists informed. • Comprehensive project information posted on the City's website including a construction map, a list of all projects and an explanation of the work to be carried out and detailed information about large projects; `191-1 cap:e���eo-r4 -6— LD ., .0 4F -6 0 ...... IUiti�rn�lVil'�rili�u4yi�v�ru��piIUUIIl01UllU�kkNNi a rwumb-¢metkuon 201.7 w Fer,{ 4 Park .. .r I .. �' II II �nO¢rvP�fiintt _Hic�wa 0. aliuugp - ,i,i r . I�,-s,5,� ine .� �. ,r r-�.� .i , Uo- sir �I,•i .t .,rt �„tree � ,., Fig i vri -�:x f „t -. b, f ;' tip �, i.l �t�l _a,.i .� ,. {n-ei<n� r�� ,.y ftP =AstI L'I"AL Many construction projects and activities have begun or are planned for the 2017 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. ATTACHMENTS • City of Saint John Projects Map • City of Saint John Weekly Construction Update 0 III Fa ti Qi U) OOP O IS �Zlk 0 O Fa ti Qi U) OOP O IS �Zlk 0 i IIEI I LY CONS I iI UPDATE Municipal Operations and Engineering Ingenierie et operations municipales (506) 658-4455 Fax/Telecopieur : (506) 658-4740 uoicipaloperatieasCa?s tjohn.ca.saiutja�hzt.ca SAINT JOHN Construction Update / Nouvelles helbdomadaires March 23, 2017 / le 23 mars 2017 Drive with caution or use alternate route P mice wffl be MORWring traffic Expect traffic interruptions CITY OF SAINT JOHN PROJECTS Safe Clean PrInkin r RMUM393M Latimore Lake Road — Hickey Road — Grandview Avenue / Latimore Lake Road / Hickey Road Intersection This project involves the construction of a new, 75 million litres per day WTP on City -awned property at the intersection of Hickey Road and Latimore Lake Road, which will greatly improve the quality of drinking water for Saint John residents and businesses. Work activities currently underway include: • Continue installation of concrete foundations, slabs and walls. Component - i WTP uondaisex Iprau ean meant on utillisez an nu"et. La (pumice suurreiiiern Its circulation. R.ttendez-vouus I des Interruptions de is dreuladon., This project involves the construction of three (3) separate 11,000 m3 steel water storage tanks. Work activities currently underway include: + Backfill around tank foundations. ble et salubre II nfrastructuore Irllrnaiulire Route du lac Latimore — chemin Hickey — avenue Grandview / route du lac Latimore / intersection du chemin Hickey Le projet comprend la construction d'une usine de traitement de 75 millions de litres d'eau par jour sur le terrain municipal situe a l'intersection du chemin Hickey et de la route du lac Latimore pour nettement am6liorer la qualite de Peau potable des residents et entreprises de Saint John. Activites de travail en tours : Continuer ('installation des fondations, dalies et murs de beton. d6ment 2-1"se it st c e ®ea _ l'usine de traitement Le projet consiste a construire trois (3) reservoirs en acier de 11000 m3 chacun. fi[ole.] Ib EEII(I,,,'' i„wir.)xr Municipal Operations and Engineering Ingenierie et operations municipales (506) 658-4455 Fax/Telecopieur : (506) 658-4740 unicipralloperationssa” tjeinn„ca MML” .c 5� SAINT JOHN • Continue erection of reservoir tanks. Please observe construction signs and drive carefully through the construction zones. Watch out for workers and slow moving truck traffic. Activites de travail en cours : • Remblayage autour des fondations de reservoirs. • Continuer I'erection des rdservoirs. Dans les zones de construction, respectez les panneaux et conduisez prudemment. Attention aux travailleurs et aux camions qui circulent lentement. Additional infrastructure Infrastructure additioiniYnelle Component ®1 Water Treatmen 916ment 1-1 Usinei Installation of water transmission piping will L'installation de nouveaux tuyaux de transmission continue. de Peau va se poursuivre. Compone t 4-1 Water Transmission i .i _ t ®1 Leri s issi Heightst ti __--(Station -- Lakewood d Nsine de traittralternent des x Installation of culverts will continue. L'installation des ponceaux continuera. eld Develoent-an Component 4-5 WellifiAm Tr issi i i " " champ caplage.et tuyauteriea distribution d'eau This project involves the construction of a new pump station and installation of a new water Le projet comprend la construction d'une transmission main, which will transmit water nouvelle station de pompage ainsi que from the new wells to the existing Spruce Lake ('installation d'une nouvelle conduite d'eau Pump Station. The new wellfield is located on a principale qui amenera 1'eau des nouveaux puits City -owned property near the intersection of jusqu'� la station de pompage existante du lac Gaelic Drive and Downsview Drive. Spruce. Le nouveau champ de captage est situe sur un terrain municipal pres de ('intersection Work activities on this component involve Gaelic et Downsview. installation of new water transmission mains and a new well site building. Construction of the Les activites pour cet element incluent de building will continue. nouvelles conduites d'eau et un batiment neuf pour le puits. La construction du batiment se poursuit. fisK WEEKLY O s"rR CTIGIN iUPDATE Municipal Operations and Engineering Ingenierie et operations municipales (506) 658-4455 Fax/Telecopieur : (506) 658-4740 municipaloperations@saintjohn.ca www.s jigfighg&I fla X42T f.fl4 tRT Ua &N a yva.w.� I'll A,,, -. , ., , It J Y Excavation and installation of water transmission piping in locations along Ocean Westway and Pipeline Road West will continue. Residents and motorists on Ocean Westway should expect construction activities in this area. Please observe construction signs and drive carefully through the construction zones. Watch out for workers and slow moving truck traffic. L'excavation et ('installation de la tuyauterie de distribution d'eau dans des endroits le long de la voie Ocean Ouest continueront. Les residents et les automobilistes dolvent s'attendre a des activites de construction dans cette zone. Dans les zones de construction, respectez les panneaux et conduisez prudemment. Attention aux travailleurs et aux camions qui circulent lentement. 111 3 From: George Gould Sent: Tuesday, March 07, 2017 3:08 PM To: 'doin_w�larliing(ju��>��iiiri�. lr1ir�_w� �' Subject: Presentation to City Council Hello Don, I had initially contacted you on Linkedln about giving a presentation to City Council pertaining to the Portage Atlantic Treatment Center in Norton, New Brunswick. We provide services to youth between the ages of 14-21 who are ready to address their addiction/ mental health challenges on a voluntary basis. These services are at no cost to New Brunswickers who are involved with the Department of Justice/Public Safety or Mental Health/ Addictions. From these two departments, we have 42 beds, and at this given time10 beds open. The duration of the treatment is 6 months. The offering is Gender Separate, Bilingual and is designated as an Alternative Education Center. The youth get work from the school that they previously attended as not to lose their place even further in the education system. Youth have been able to complete their high school while others wrote their GED. As director of Client Relations, I find that using Public Information as a vehicle to get the message across seems to only remain in the minds of those who are in need at that given moment, so it is an ongoing initiative to get the word out. Don, I would greatly appreciate the opportunity to present to the Council what has been available in their backyard for over 20 years. Many youth have benefitted from the Portage Atlantic experience. Many have come from Saint John, so some may be familiar, after all. It's a rewarding endeavor to help the future tax payers of our province to get their lives back on the rails. Sincerely, Geordie A Gould Director Of Client Relations Portage Atlantic Office 506-452-0394 Cell 506-434-4639 IiSK April 3, 2017 Deputy Mayor and Councillors Subject: Settlement Recommendation Employee No. 9372 The Committee of the Whole, having met on April 3, 2017, made the following recommendation: RESOLVED that Committee of the Whole having met on April 3, 2017 recommends to Common Council a payment of $67,500.00 be made to a former employee of the City, previously identified by Employee No. 9372, as a full and final settlement of the grievance challenging, inter alfa, the termination of that former employee's employment with the City in exchange for a withdrawal of the grievance and the aforementioned former employee's signing of a comprehensive release respecting any and all claims that he now has or may have in the future respecting his employment with the City. Sincerely, 1442,��,.� ,au. iuv "T 1"„ 11 fi'114� ,F14,.., in 0 , :iinfI�o4Vlk II,, 1 ftl,' C,,,f t adi, alb L y �I Jv'Pti 'u"; X161{�}{.ir. "k 4 a ^�,,. %a 10'7" 113