AGENDA REGULAR MEETING OF FREDERICTON CITY COUNCIL Date : Monday, April 25, 2016, 7:30 p.m. Location : Council Chamber, City Hall, Fredericton

Pages

1. CALL TO ORDER

2. MOMENT OF REFLECTION

3. APPROVAL OF AGENDA

4. PROCLAMATIONS

4.1 Asian Heritage Month 4

4.2 Raising the Roof Over Hunger 5

5. PRESENTATIONS/PETITIONS

5.1 Poetry Reading - Ian LeTourneau, Cultural Laureate

5.2 Fredericton Tree Commission Presentation 6 • Walter Bidlake, Chairman of the Fredericton Tree Commission

5.3 CAMA Long Service Recognition Award Presentation • Presentation to Jane Blakely - 15 Years ofService

6. PLANNING ADVISORY COMMITTEE REPORTS

6.1 Public Hearing Dates 30 • 168 Dundonald/528 Smythe Street • 207 Charlotte Street • 186 Lincoln Road • 205 Two Nations Crossing • 132 Victoria Street • 220 Parkside Drive

7. FIRST AND SECOND READING OF BY-LAWS 7.1 31 Forest Acres Court - Zoning Amendment (Donat Thériault) 32 By-law No. Z-5.93, A By-law to Amend By-law No. Z-5, A Zoning By-law for the City of Fredericton

• Receipt of Planning Advisory Committee Report • Hearing of Objections/Support • First Reading of By-law No. Z-5.93, by title • Second Reading of By-law No. Z-5.93, by title

7.2 155 King Street - Zoning Amendment (Marc Demers) 45 By-law No. Z-5.94, A By-law to Amend By-law No. Z-5, A Zoning By-law for the City of Fredericton

• Receipt of Planning Advisory Committee Report • Hearing of Objections/Support • First Reading of By-law No. Z-5.94, by title • Second Reading of By-law No. Z-5.94, by title

7.3 By-law No. A-18 58 A By-law to Permit the Enactment of Certain By-laws and Adoption of Certain Resolutions

• First Reading of By-law No. A-18, by title • Second Reading of By-law No. A-18, by title • Adoption of a Resolution Declaring an Emergency Exists Justifying Third Reading • Motion to Read By-law No. A-18 in its Entirety • Reading in its Entirety and Third Reading of By-law No. A-18, by title

8. THIRD READING OF BY-LAWS

8.1 By-law No. A-17 62 A By-law to Amend Various By-laws (Mailing Address of City Hall)

• Reading by Section Number • ThirdReading of By-law No. A-17, by title

8.2 By-law No. L-11.107 65 A By-law to Temporarily Stop-up and Close Portions of Various Streets - 38th Annual Fredericton Marathon

• Reading by Section Number • ThirdReading of By-law No. L-11.107

9. SPECIAL EVENT REQUESTS

9.1 Toy-Ride 2016 71

9.2 National Youth Arts Week 2016 74

10. COMMITTEE REPORTS

COUNCIL-IN-COMMITTEE REPORTS

10.1 Banking Services Pricing Agreement Renewal 76 The Bank of Nova Scotia

10.2 362-436 Aberdeen Street 99 Proposed License Agreement

10.3 72 Sunset Boulevard, McLeod Hill 111 Proposed Easement

11. OTHER MATTERS

11.1 Approval for Sidewalk Sales 117

12. ADJOURNMENT

PROCLAMATION

ASIAN HERITAGE MONTH

May 2016

WHEREAS: The Canadian Senate and Parliament have declared the month of May as Asian Heritage Month in recognition and acknowledgement of the long and rich history of Asian-Canadians. The Canadian Government also recognizes the contributions of Canadians of Asian descent who contribute to the social, cultural, economic and political life of our city.

WHEREAS: Other provinces and cities across Canada including Montreal, Calgary, Edmonton, Winnipeg, Ottawa, Toronto, Vancouver, Moncton, Saint John, and Miramichi have been holding annual festivities during the month of May to celebrate Asian Heritage Month; and,

WHEREAS: The Asian community in Fredericton has participated fully in the political, economic, social, and cultural life of our City, and has contributed to the development and the continuing growth and prosperity of Fredericton;

THEREFORE: I, Brad Woodside, Mayor of Fredericton, do hereby proclaim the month of May 2016 as Asian Heritage Month, and invite all residents of the municipality to join in the celebration and acknowledgement of the contributions of Asian Canadians to our community.

BRAD WOODSIDE MAYOR

PROCLAMATION

“RAISING THE ROOF” OVER HUNGER

May 2-7, 2016

WHEREAS: Addressing the food security needs of children, youth, and families today is fundamental to the future of Fredericton; and,

WHEREAS: The need for comprehensive, coordinated emergency food programs place upon our community a critical responsibility; and,

WHEREAS: It is appropriate that a week should be set apart each year for the direction of our thoughts towards the health and well-being of hungry Canadians; and,

WHEREAS: The City of Fredericton through its unique approach to providing emergency food supplies is effectively caring for the needs of hungry children, youth, and families in our community.

THEREFORE: I, Brad Woodside, Mayor of the City of Fredericton, do hereby proclaim May 2-7, 2016 to be Fredericton, New Brunswick , Raising the Roof Over Hunger and urge our citizens, all agencies and organizations interested in meeting the needs of hungry people to units in that week in the observance of such exercises that will acquaint the people of Fredericton with the fundamental necessity of the community, and to support the work of food banks in meeting the food security needs of hungry children, youth and families.

BRAD WOODSIDE -MAYOR-

FREDERICTON TREE COMMISSION

2015 ANNUAL REPORT

Respectfully submitted Walter Bidlake FTC Chairman April 2016

Fredericton Tree Commission 2015 Annual Report

Fredericton Tree Commission Mission Statement

The Fredericton Tree Commission is dedicated to the enhancement, protection and promotion of Fredericton’s urban forest.

Fredericton Tree Commission Mandate

The Fredericton Tree Commission’s mandate is to act as a steward for the urban forest and to ensure high quality tree care throughout the City.

Fredericton Tree Commission 2015 Annual Report

Fredericton Tree Commission 2015 Annual Report

TABLE OF CONTENTS Page

EXECUTIVE SUMMARY

INTRODUCTION 1 Preface 1 Membership 1 Meetings and Issues Addressed 1

MANAGING FREDERICTON'S URBAN FOREST 3

A. Tree Removals 3 White Elm Tree Removals 3 Other Tree Species Removals 4 B. Tree Maintenance 5 C. Tree Planting 5 D. Tree Pests 7 Dutch Elm Disease 7 European Gypsy Moth 7 Asian Longhorn Beetle 7 Emerald Ash Borer 7 Other Pests of Interest 8 E. Street Tree Protection By-law 8 F. Tree Inventory 9

COMMUNITY INVOLVEMENT 10

A. Arbor Day 10 B. Fredericton Tree Commission Website 11 C. Tree Planting along Devonshire Drive 11

2016 PLANS 12

Recommendations 13 Acknowledgements 14

LIST OF TABLES

TABLE 1. Tree Removals (all species and sizes) 2008 to 2015 4

LIST OF PHOTOGRAPHS

PHOTO 1: Emerald Ash Borer 2 PHOTO 2: Tree Planting 6 PHOTO 3: Urban Tree Inventory 9 PHOTO 4: Arbor Day at Maritime College of Forest Technology 10 PHOTO 5: Tree Planting along Devonshire Drive 11 PHOTO 6: A Magnificent Tree 14

APPENDICES

APPENDIX I: A Brief History of the Fredericton Tree Commission 15 APPENDIX II: Importance of the Urban Forest 16

Fredericton Tree Commission 2012 Annual Report

Fredericton Tree Commission 2015 Annual Report

EXECUTIVE SUMMARY

The Fredericton Tree Commission has been an appointed advisory body to City Council on Fredericton’s urban forest since 1952.

In 2014, Fredericton’s urban forest experienced significant tree loss due to post-tropical storm Arthur. In 2015 we saw a carryover effect of this storm in two wind/rain storms; one in May which saw 30 trees damaged and again in August, which resulted in considerable tree damage. It is not unusual to see the aftershock as the high winds can do considerable damage to a tree’s root systems which goes unnoticed until they fail in the next big storm. As you can imagine, the terrific amount of cleanup required by our city and contracted crews in 2014, caused a back-log of regular tree maintenance. To get caught up and reduce some of the inefficiencies, Parks and Trees participated in an Improvement & Innovation project (I&I) for their tree planting program. With the increase in budget that City Council gave the tree planting program for the next three years to replace the 1000 street trees lost to post-tropical storm Arthur and a grant from TD Green Streets, there were over 400 trees planted last spring. The I&I project was deemed a success. In the fall another first was accomplished with the Fall planting of 250 containerized stock in various Wards throughout the City. In all, over 700 large caliper trees of various species were planted in 2015 and of these, a number of the Dutch elm disease tolerant Princeton White Elm were planted to continue our rich heritage and recognition as The City of Stately Elms.

Forest insect and disease damage was very low within the City but Parks and Trees Division staff remained vigilant for native pests and invasive pests such as the emerald ash borer (EAB) which is approaching New Brunswick from Quebec and New Hampshire. Although EAB poses no threat to human health, it is a killer of all true ash species. It has already killed millions of ash trees in Ontario, Quebec and the United States and poses a major economic and environmental threat to urban and forested areas of North America. A sub-committee of the Fredericton Tree Commission has been established to outline a strategy to help prepare for the attack on our ash trees.

The contract with the University of New Brunswick’s Faculty of Forestry and Environment Management to develop an Urban Forestry Management Plan in 2014, continued in 2015, with the north side street trees being inventoried. This Urban Forestry Management Plan will be used to determine best management practices to be utilized to assist in mitigating future risks to our urban forest from insect and disease impacts and climate change. A final Plan should be ready in 2016.

In 2015, Arbor Day was held at the Hugh John Fleming Forestry Center. A Princeton White Elm was planted to signify the “Strive for Excellence” that the Center represents in our Province. Employees from the Canadian Forest Service, Maritime College of Forest Technology, New Brunswick Department of Natural Resources and other forest related companies, who have offices located in the centre, joined Tree Commission members and City councilors to celebrate this festive occasion.

The Fredericton Tree Commission will continue to fulfill its duties and responsibilities as mandated by the City of Fredericton By-Law No. L-7 by working closely with the City Forester and by advising City Council on matters related to the management, maintenance and Fredericton Tree Commission 2015 Annual Report improvement of Fredericton’s urban forest. The Fredericton Tree Commission will also continue to implement our mission statement to enhance, protect and promote the urban forests in Fredericton and to diligently serve City Council in all matters pertaining to Fredericton’s urban forest.

The Fredericton Tree Commission recommends that City Council continue to support the City Forester and the staff members of the Parks and Trees Division in their efforts to manage, maintain and improve the urban forest, following the current industry standards on tree care and Integrated Pest Management methods. This will become increasing important as budgets become stricter and pressures from other areas increase. The Fredericton Tree Commission strongly recommends that the City Forester and the staff members of the Parks and Trees Division are actively involved from the beginning and throughout the planning and implementation process for the planting of trees during the implementation of the City Centre Plan and Main Street Plan to ensure a proper plan for the future well-being of the City's green infrastructure is developed.

Fredericton Tree Commission 2015 Annual Report

1

INTRODUCTION

Preface It is a privilege for the Fredericton Tree Commission (FTC) to present its 2015 Annual Report to Fredericton City Council. This is the Commission’s sixty-third year as an appointed advisory body to City Council on Fredericton’s urban forest. Appendix I contains a brief history of the FTC.

Membership The FTC includes eight Council appointed volunteers and one City Councilor. These individuals contribute various professional backgrounds and technical expertise to allow the FTC to carry out its mandate. The members are as follows, in order of year of appointment:

Dr. Laszlo Magasi 1973 David Malcolm 1993 Walter Bidlake 1996 Chair 2002 - 2006, 2016 Garth Nickerson 2001 Chair 2010 - 2012 Wayne MacKay 2003 Chair 2013 - 2015 Martha O’Sullivan 2013 Andrew Steeves 2014 Sarah Weatherby 2014 Councilor Greg Ericson 2012

Long serving member, David Malcom, resigned due to health concerns in December, leaving a vacancy to be filled in 2016.

Don Murray, City Forester and Neil Trebble, Arboriculture Foreman represented the Fredericton Parks & Trees Division on the Commission while Heidi Johnston and Ashley Worthen shared the recording secretary duties.

Meetings and Issues Addressed

The FTC held four regular meetings in 2015. Commissioners discussed with and/or provided information and advice to City Council and/or staff on matters that relate to the management of Fredericton’s urban forest. Major topics discussed this year were: post-tropical storm Arthur, appointment of one new commissioner, City Centre Plan, street tree protection by-law, Arbor Day, Fredericton Planning and Advisory Committee issues, parks & trees update, urban pests, annual report and FTC website.

Fredericton Tree Commission 2015 Annual Report 2

A sub-committee meeting was held in addition to regular meetings to discuss how to gather information from other jurisdictions on the progress of the Emerald Ash Bore (EAB) in northern USA and Canada. This information will help develop a strategy in combating the EAB in Fredericton.

PHOTO 1: Emerald Ash Borer Adult Beetle

Photo: No significance to the coin, simply to demonstrate size. http://www.arinvasives.org/potential-invaders-of-arkansas/emerald-ash-borer/

Fredericton Tree Commission 2015 Annual Report

3

MANAGING FREDERICTON’S URBAN FOREST

The FTC provided advice and recommendations to City staff concerning the management and care of trees and the urban forest. Topics discussed included tree removal, tree maintenance, new tree planting and tree pest management.

A. Tree Removals Tree removals in Fredericton are always considered carefully and often as a last resort. A tree is removed when it meets one of the following conditions:  dead or dying  a danger for spreading a tree disease or insect pest  poses a safety hazard to pedestrians, vehicles, or buildings  presents an obstruction (e.g. low branches) that cannot be corrected through pruning  suppressing other trees or causing harm to adjacent trees  undesirable form or species  situated in areas of new development or construction that necessitates tree removal.

Parks and Trees staff attend regular City Planning Advisory Committee (PAC) meetings to review City development plans and to ensure the preservation of City trees wherever possible. Future projects that will affect green space development or tree removal are discussed with the FTC to determine if there are any comments or recommendations.

White Elm Tree Removals Seventy three diseased white elm trees were removed in the City in 2015; fifty-nine of which were in the Dutch Elm Disease Management Area (DEDMA) in Wards 4, 10 and 11. The DEDMA contains the majority of the oldest and most valuable elm trees in the City so the first priority is to preserve these trees and then undertake tree removals in other areas of the City as resources are available. Diseased white elm trees located on private property were removed only if they were located within the DEDMA.

Fredericton Tree Commission 2015 Annual Report

4

Other Tree Species Removals In addition to the 73 white elm trees removed, 185 trees of other species were removed from City streets, trails and parks, primarily for public safety reasons. The tree removals documented in Table 1 are regular removals. The total removal number for 2014 does not include the trees lost to Post-tropical Storm Arthur. TABLE 1: Tree Removals (all species and sizes) 2008 to 2015

Number of Trees Removed Species 2015 2014 2013 2012 2011 2010 2009 2008 White Elm 73 219 158 155 242 169 88 112 Norway Maple 10 13 30 14 15 39 24 32 Manitoba Maple 3 12 18 10 20 20 7 15 Silver Maple 2 3 7 1 9 15 9 7 Sugar Maple 15 26 40 32 60 42 21 22 Red Maple 11 9 20 7 28 44 8 17 Poplar 10 17 8 20 22 19 15 7 Ash 7 25 41 15 30 18 11 13 Linden 15 33 55 28 32 42 31 48 Oak 5 14 26 3 15 2 4 3 Willow 2 1 2 0 8 2 0 3 Birch 2 5 4 13 5 1 5 6 Mountain Ash 0 0 1 1 0 3 1 0 Other Hardwoods 15 34 16 6 22 23 3 6 Softwoods 88 27 28 134 16 14 6 9

Total Removals 258 438 454 439 524 474 233 300

Fredericton Tree Commission 2015 Annual Report

5

B. Tree Maintenance Tree maintenance is necessary to sustain the health and longevity of Fredericton’s urban forest. Young trees need to be “trained” to improve tree structure so that the branches and tree crowns are stronger and more resistant to ice, storm and wind damage. Pruning of branches is also necessary to provide clearance for traffic and to eliminate branch interference with utility wires. Both young and mature trees need to have dead and dying branches removed as they pose a safety hazard to people and property and provide breeding habitat for elm bark beetles and other pests. Annual pruning of branches and dead wood also encourages new branch replacement, a more open crown structure and generally healthier trees.

C. Tree Planting The City of Fredericton has a long history of tree planting that dates back over two centuries. The original tree planting was mainly white elm, but now, the City tree planting plan includes a much broader diversity of tree species which makes the urban forest more resilient to tree pests and climate change.

In 2015, over 700 large caliper trees were planted throughout Fredericton. Tree species included: White Elm (Princeton variety), Ivory Silk Japanese Lilac, Honey Locust, Chanticleer Pear, Maple (Red, Sugar), Oak (Bur, Red, English, and Swamp White). This increase in planting was helped with a three year budgetary commitment from Council of $133,000 per year and a Grant from TD Green Streets Canada of $15,000 to replace trees lost in Post Tropical storm Arthur. The largest concentration of planting was around the Small Craft Aquatic Center where 30 large caliper trees were planted along the south side riverfront where 80 pine trees had to be removed due to infection of Diplodia Tip Blight.

Fredericton Tree Commission 2015 Annual Report

6

Photo 2: Tree Planting

Again in 2015, DED tolerant Princeton white elm trees were planted. The Valley Forge white elm variety has been planted in Fredericton since 2009 and all of these trees are growing very well with no indication of any dieback or sign of DED. The City started planting the Princeton white elm variety in 2013 as it has a better structural form than the Valley Forge and also to add more diversity to our urban forest. The goal of planting white elm trees is to acknowledge the important role this tree has played in Fredericton's history and the value of retaining this unique species in our urban forest. Fredericton will continue planting DED tolerant white elm varieties and many other tree species to continue a history of sustainable forest management and to continue our rich heritage and recognition as The City of Stately Elms.

Fredericton Tree Commission 2015 Annual Report

7

D. Tree Pests Dutch Elm Disease Dutch elm disease has been devastating the white elm population throughout North America since its accidental importation in 1928. The City of Fredericton began the battle with DED many years ago and developed a DED management strategy in advance of the arrival of the disease. A key part of this strategy has been tree sanitation which is defined as the removal of dead, dying and diseased trees and the pruning of dead limbs from elm trees. Sanitation eliminates the breeding and egg-laying medium required by the elm bark beetle. The City continues to follow this DED management strategy.

In 2013 and 2014, three prominent white elm trees were injected with Dutch Trig, a biological control agent, or vaccine. This product could be a potential future tool to utilize in the protection of the City’s white elm trees from DED. The three trees selected for inoculation were located at 101 Smythe Street, 503 Queen Street and at Officers Square. Test results were not available in 2015 as the results will be assessed over the next two years.

European Gypsy Moth European gypsy moth (GM) numbers in Fredericton have been decreasing in the last number of years. In 2015 the GM population remained relatively low with no visible defoliation observed on trees. Visual monitoring will continue to observe the status of the GM population.

Asian Longhorn Beetle and Emerald Ash Borer Parks and Trees staff and members of the FTC attended meetings and have been closely monitoring information regarding two invasive alien species; the Asian Longhorn Beetle (ALHB) and the Emerald Ash Borer (EAB). These two species arrived in North America fairly recently and have undergone extensive quarantine and eradication efforts by all levels of government and industry. Fortunately, neither of these two pests has arrived in New Brunswick to date. The ALHB, which is native to Asia, attacks and kills healthy deciduous trees, especially maple. The only known area of infestation in Canada is in Mississauga and Toronto. EAB poses a very serious threat to all species of ash trees throughout their range in Canada and the United States. During the relatively short time that EAB has been in North America, millions of trees have been killed, with billions more across North America at risk of infestation and death. EAB is advancing towards Fredericton from two fronts as it is presently infesting trees east of Fredericton Tree Commission 2015 Annual Report

8

Montreal and in parts of New Hampshire. The Fredericton Tree Commission is very concerned about the potential damage EAB will do to our urban forest as Fredericton has a significant number of ash trees growing along our streets, trails and within our park lands. The City Forester made the decision years ago to discontinue the planting of ash trees because of the risk of importing life stages of EAB on nursery stock. The FTC and City staff continued to promote awareness of these pests and urged citizens to report any unusual insects to the Parks and Trees Division.

Other Pests of Interest The citizens of Fredericton regularly contact City staff with inquiries concerning tree pests and other concerns dealing with our urban forests. Parks and Tree staff handled most of the inquiries directly. The FTC website also provides informative articles dealing with some of the more common issues. Again in 2015, the hickory tussock moth and the fall webworm were present in Fredericton’s tree canopy. The hickory tussock moth was present in small numbers. The major concern with this pest is that the larvae are covered in hair-like structures and these hairs cause itchy rashes in some people if they are handled. These hairs may cause serious medical complications if they are transferred from the hands to the eyes. Fall webworm were common throughout the City in the late summer and early fall on a wide variety of hardwoods. This insect is a late season defoliator and has very little impact on the health of its host plant.

One pest that is becoming a major concern in New Brunswick once again is the Spruce Budworm. For the first time since the early 1990’s, visual defoliation in northern New Brunswick’s forest has occurred. Though it may not be a concern for the City’s street tree population, the forested areas of Fredericton, such as parks and areas along sections of walking trails, may be affected.

E. Street Tree Protection By-law The FTC has supported the adoption of street tree protection by-laws for the City for several years. As a stand-alone or included in existing by-laws, protection for our Urban Forest is required. The following statements provide the general intent of the FTC proposals to protect our street trees:

Fredericton Tree Commission 2015 Annual Report

9

 No person shall remove, transplant, prune, deface or otherwise injure a tree on city- owned property without the written permission of the Director of Growth and Community Services Department or the Director of Engineering & Operations.

 No person, other than an employee or authorized contractor of the Parks & Trees Division, may plant a tree on City-owned property without first receiving the permission of the Director of Growth and Community Services Department or the Director of Engineering & Operations.  These proposed changes will not cause any interference with or limitation to the normal operation of other Divisions of the City of Fredericton. Parks and Trees Division’s arboriculture staff should be contacted prior to any work being performed that has the potential to damage trees. Particular attention should be paid to minimizing damage to the root zone of trees.

F. Tree Inventory In 2014, the City entered into an agreement with the University of New Brunswick’s Faculty of Forestry and Environment Management to develop an urban forestry management plan. This involves an inventory of every tree within six meters of the street curb. The trees on both sides of the river have been inventoried with a final report due in 2016. The following attributes are recorded: tree species, GPS location, tree diameter and height, tree condition and proximity to potential hazards such as power lines or property. With the completion of the tree inventory, computer modeling and mapping will be conducted to create a detailed management plan. This management plan can be used to determine best management practices to be utilized to assist in mitigating future risks to our urban forest from insect and disease impacts and climate change. This information will prove invaluable in the future management of the City’s urban forest but future resources have to be budgeted to ensure the inventory is updated on a regular bases.

PHOTO 3: Urban Tree Inventory

Fredericton Tree Commission 2015 Annual Report

10

COMMUNITY INVOLVEMENT

Arbor Day One of the FTC objectives is to promote Fredericton’s extensive and attractive urban forest. Arbor Day is an annual celebration held in many cities throughout North America to acknowledge the multi-faceted importance of trees. Arbor Day 2015 was held on May 21th at the Hugh John Fleming Forestry Center. A Princeton White Elm tree was planted in the green space adjacent to the access road to the center. Employees of Canadian Forest Service, Maritime College of Forest Technology and other forest related companies were joined by FTC members, Parks and Tree staff for the tree planting ceremony.

PHOTO 4: Arbor Day Planting

Fredericton Tree Commission 2015 Annual Report

11

Fredericton Tree Commission Website The FTC is represented on the City of Fredericton’s website. Information presented includes names of Commissioners, the Commission’s mission statement, mandate and the Commission’s history as well as topical articles submitted by FTC members and City staff. Some articles submitted for 2015 include Tree Planting, Fall Webworm, Hickory Tussock Moth Caterpillar, and Angelica/Giant Hogweed.

Tree Planting along Devonshire Drive

Fredericton Parks and Trees staff once again arranged a special tree planting activity along Devonshire Drive on the Saint John River in May with the Fredericton area Scouts. Two hundred seedlings were planted by local Scouts Canada members, their parents and siblings.

PHOTO 5: Tree Planting along Devonshire Drive

Fredericton Tree Commission 2015 Annual Report

12

2016 PLANS

The Fredericton Tree Commission will continue to:  Fulfill its duties and responsibilities as mandated by the City of Fredericton By-Law No. L-7. Fredericton Tree Commission members will carry out this mission by working closely with the City Forester and by advising City Council on matters related to the management, maintenance and improvement of Fredericton’s urban forest.  Support the acquisition and planting of disease tolerant white elm trees and other pest tolerant trees throughout the City of Fredericton.  Provide input into the four new Park Master Plans being developed over the next two years.  Implementation of an EAB strategy that would include an educational component for citizens, identification process of EAB infected trees, investigation of prevention methods, sanitation methods and chemical treatment of ash trees.  Promote public awareness about the value of Fredericton’s urban trees with special educational events such as Arbor Day, evening tree care information sessions and keeping the website up to date with current articles and information.  Implement our mission statement to enhance, protect and promote the urban forests in Fredericton and to diligently serve City Council in all matters pertaining to Fredericton’s urban forest.

Fredericton Tree Commission 2015 Annual Report

13

RECOMMENDATIONS

The Fredericton Tree Commission recommends that City Council:  Continue to support the City Forester and the staff members of the Parks and Trees Division in their efforts to manage, maintain and improve the urban forest, following the current industry standards on tree care and Integrated Pest Management (IPM) methods.  Continue to provide funds to support the maintenance of trees throughout the City.  Ensure the City Forester and staff members of the Parks and Trees Division are actively involved from the beginning and throughout the planning and implementation process for the City Centre Plan to ensure a proper plan for the future well-being of the City's green infrastructure is developed.  Continue to support the urban forest as a living and key component of the municipal infrastructure and recognize that it requires special consideration during the urban planning and development process.  Continue to promote the value of Fredericton’s urban forest by making it a significant component of the City’s promotional and Green Matters campaign.  Implement the proposed Street Tree Protection Proposals in existing City by-laws in 2016 to further protect the value of Fredericton’s urban forest and this important municipal green infrastructure.

Fredericton Tree Commission 2015 Annual Report

14

ACKNOWLEDGEMENTS

The Fredericton Tree Commission wishes to thank Mr. Don Murray, City Forester & Manager of Parks and Trees Division and all the Parks and Trees Division staff as well as all others who have provided assistance in 2015. The FTC also acknowledges and appreciates the on-going dedication of the Mayor and City Council towards the care and renewal of the urban forest as an important part of the municipal infrastructure.

PHOTO 6: A Magnificent Tree

Fredericton Tree Commission 2015 Annual Report

15

APPENDIX I Brief History of the Fredericton Tree Commission:  In 1952, a City By-law established the Fredericton Tree Commission (FTC) as an advisory body to Council. Duties were outlined and guidelines established for the FTC to follow.  With the co-operation of J. D. MacKay, City Engineer and Dr. R. E. Balch, Officer- in-Charge of the Federal Forest Biology Laboratory, the FTC recommendations regarding Dutch elm disease and other tree problems were implemented.  In 1967, to assist in the City’s battle to save its elm trees, City Council, on the recommendation of the FTC, hired David Urquhart, a graduate of the Maritime Forest Ranger School. The City established the Parks and Trees Division under the direction of the City Engineer and Mr. Urquhart was appointed Supervisor.  In the 1973 amalgamation, the enlarged City enclosed an urban forest where tree care in the added areas had been minimal. Additional trained staff was hired to implement the FTC’s recommendations for the newly amalgamated areas. Mr. Urquhart was appointed Superintendent of Parks and Trees.  In 1997, Mr. Urquhart retired.  In 1998, the Parks and Trees Department was transferred to the Community Services Department under the direction of Robert Mabie with Brian Cochrane as Parks and Trees Superintendent and Don Murray as City Forester.  In 1999, the FTC expressed concern about the future of the City’s Urban Forest and the need for understanding and good communication between various City departments on matters relating to Fredericton’s Urban Forest, as a result the FTC began to receive updates from the City’s Planning and Advisory Committee.  In 2000, the FTC undertook a facilitated review of its mandate and role in consideration of the many changes that had occurred in our expanding City since the FTC’s establishment in 1952. This review resulted in the creation of new guidelines for the appointment of Commissioners as well as the acknowledgement of the FTC’s role as stewards of Fredericton’s Urban Forest.  In 2002, the City celebrated the 50th anniversary of the FTC. The City Council also endorsed the continuation of the FTC under revised City By-law L-7.  In 2006, the new Dutch Elm Disease Management Area was established in order to place more emphasis on sanitation of City planted trees and less emphasis on the removal of diseased elm trees from private properties in the outlying area away from the City’s core.  In 2011, Brian Cochrane retired and Don Murray was promoted to Manager of the Division as well as retaining the title of City Forester. Neil Trebble was promoted to Arboriculture Foreman. The Parks and Trees Division is a Division of the Community Services Department with Wayne Tallon as Director.  In 2012, the Mayors’ Grove was successfully established in Carleton Park to honour Fredericton mayors for their support of Fredericton’s Urban Forest, to recognize the hard work of the Parks and Trees Division staff and to celebrate the FTC’s 60th anniversary.

Fredericton Tree Commission 2015 Annual Report

16

APPENDIX II Importance of the Urban Forest The Fredericton Tree Commission’s (FTC) mandate is to act as a steward for the urban forest and to ensure high quality tree care throughout the City. The FTC members feel strongly that the City’s trees and urban forest are an important part of the municipal infrastructure and should be protected and maintained as a top priority. Fredericton has a long history of planting and caring for its trees, beginning when white elm trees were first planted by the British garrison around 1810 and continuing to the present day. It is always with great pride that we are able to show the benefits and beauty of our City to visitors and this is in large part due to the trees, parks and our urban forest. In addition trees are also a very important part of the municipality’s biological, economic and environmental infrastructure. Specifically trees: (1) filter the air, reduce air-pollutants and provide oxygen to help prevent respiratory and pulmonary diseases and to increase available oxygen; (2) slow down rainwater run-off to prevent the over-taxing of the drainage system, flooding at intersections and erosion of soil and of man-made structures; (3) reduce summer temperatures by providing shade which lessens the need for air- conditioning and lowers energy costs; (4) provide for an aesthetically pleasing urban environment for residents and tourists, with many economic benefits including an increase in the ‘length-of-stay’ period; (5) provide wildlife habitat especially for nesting migratory song birds; (6) provide a pleasant ambiance in the City to add to the quality of life for residents; (7) reduce the City’s Carbon Footprint because they are natural “green machines”; through the process of photosynthesis they absorb carbon from the atmosphere and store it in their trunks, branches, foliage, roots and the soil, while releasing oxygen back out into the atmosphere.

To ensure that Fredericton’s trees continue to make these contributions to the municipal infrastructure, their care and maintenance needs to be a top priority.

Fredericton Tree Commission 2015 Annual Report

REPORT OF LEGAL DIVISION For City Council – April 25, 2016

From: Legal Division

Date: April 21, 2016

Subject: Public Hearing Date – 168 Dundonald/528 Smythe Street, 207 Charlotte Street, 186 Lincoln Road, 205 Two Nations Crossing, 132 Victoria Street, and 220 Parkside Drive

As per the Planning Advisory Committee Process, Council now refers completed Development Applications to the Planning Advisory Committee for the views of the Committee; authorizes preparation of the draft by-laws; authorizes advertising pursuant to Section 68 of the Community Planning Act; and sets the date for Hearing of Objections/Support in advance of the Planning Advisory Committee meeting.

Accordingly, as of April 20, 2016, the following application s for Development was/were completed and is/are now ready to commence the Planning Advisory Committee Process:

Address Property Owner Applicant Nature of Proposal

1. 168 Dundonald & Plaza Corp. Properties Centre Court Ltd. Rezone the properties portion of 528 Holdings Inc. from Neighbourhood Smythe Street Commercial Zone (NC) to Mixed Use Zone Two (MX-2); amend the Mixed Use Zone Two (MX-2) to permit dwelling units on the ground floor frontage of a 37-unit mixed use building

2. 207 Charlotte David Cozac & Debbie Laurent Pimpaud Amend the Residential Street Russell Town Plat Zone Six (TP- 6) to permit a retail food store, instructional facility, and restaurant

3. 186 Lincoln Road Maurice Lavigne Maurice Lavigne Rezone from Residential Zone Two (R-2) to Residential Zone Three (R-3) and amend the Residential Zone Three (R-3) to permit a medical practice in a semi- detached dwelling unit

City Council meeting April 25, 2016 Page 2

4. 205 Two Nations Dept. of Transportation Avalon Salon Spa Inc. Amend the Retail Large Crossing & Infrastructure Format Zone (RLF) to permit a personal service – appearance establishment

5. 132 Victoria Street Charles Youssef Joell and Becky Amend the Residential Gallant Town Plat Zone Two (TP-2) to permit an in- law suite

6. 220 Parkside Drive Cedar Valley Sur Tek Group Ltd. Amend previously Investments Ltd. approved terms and conditions relating to building design

It is recommended that City Council adopt the following Resolution:

BE IT RESOLVED that the Council of the City of Fredericton hereby directs that the Development Applications for 168 Dundonald/528 Smythe Street, 207 Charlotte Street, 186 Lincoln Road, 205 Two Nations Crossing, 132 Victoria Street, and 220 Parkside Drive be referred to the May 18, 2016 meeting of the Planning Advisory Committee for the views of the Committee; that the public notice requirements of Section 68 of the Community Planning Act be fulfilled; that the appropriate resolution to change terms and conditions and the appropriate by-laws to amend By-law No. Z-5, A Zoning By-law for the City of Fredericton, be prepared; and that the regular Council Meeting of Tuesday, May 24, 2016 at 7:30 p.m., at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed change in terms and conditions and the proposed by-laws.

Form No.: GOV-FRM-259 Service: Community Leadership Issue No.: 1.2 Issue Date: 06/11/10 Printed On: April 22, 2016  May 25, 2001 BY-LAW STATUS REPORT For City Council – April 25, 2016

From: Office of the City Clerk

Date: April 21, 2016

Subject: Zoning Amendment – 31 Forest Acres Court (Donat Thériault)

For City Council on April 25, 2016

 Receipt of PAC Report  Hearing of Objections  First & Second Reading of By-law No. Z-5.93 by title

Additional Information

This application will amend the Residential Zone One (R-1) to permit an in-law suite at 31 Forest Acres Court, subject to terms and conditions.

 City Council Meeting – March 29, 2016  Council adopted a resolution referring the application to PAC, authorizing Section 68 advertising, preparation of a by-law to amend the Zoning By-law, and set the date for consideration of objections/support to the proposed by-law.

 Planning Advisory Committee Meeting – April 20, 2016  Staff recommended approval  PAC recommended approval (no written objections)

Form No.: GOV-FRM-223 Service: Community Leadership Issue No.: 1.1 Issue Date: 04/02/13 Printed On: April 22, 2016  May 25, 2001 REPORT OF THE PLANNING ADVISORY COMMITTEE

For City Council: April 25, 2016

From: Angela DuPlessis, Secretary, Planning Advisory Committee

Date: April 21, 2016

Title: 31 Forest Acres Court

Description: Zone Amendment to Permit an In-law Suite

The Planning Advisory Committee, at its meeting held on April 20, 2016, considered an application from Donat Thériault to amend the Residential Zone One (R-1) to permit an in- law suite at 31 Forest Acres Court and recommended approval, subject to terms and conditions.

Terms and Conditions: a) The site be developed generally in accordance with Map II attached to Planning Report 25/16 to the satisfaction of the Development Officer; b) The property owner enter into and register, prior to the issuance of a building permit, a Section 39 Development Agreement with the Municipality to ensure the in-law suite will be removed by the Applicant when no longer required; and, c) Maximum floor area for the in-law suite be limited to 115m2 to the satisfaction of the Development Officer.

Accordingly, the Committee directed that the following resolution be forwarded to City Council:

BE IT RESOLVED that the Report of the Planning Advisory Committee, dated April 21, 2016, with respect to an application from Donat Thériault to amend the Residential Zone One (R-1) to permit an in-law suite at 31 Forest Acres Court, be received.

Yours truly,

Angela DuPlessis, Secretary Planning Advisory Committee cc: Donat Thériault, 30 Forest Acres Court, Fredericton, NB, E3B 4L2 Dany Thériault, 31 Forest Acres Court, Fredericton, NB, E3B 4L2

Form No.: GOV-FRM-259 Issue No.: 1.3 Service: Community Leadership Issue Date: May 19, 2015 Sub-Service: Council & Committee Support  May 25, 2001 Printed On: April 22, 2016

5 3 3

5 WATERLO6 O 7

5 8 1

5 9 R-3 5

6 4 0 I-2 9 MR-2 P 9

16 12 8 1 6 1 L 6 5

L

I

H

7 20 1 T

3 S

7 19 E 4 2 R 1 6 2 7 O

8 F 2

6

0 7 1 8

9 0 3 9 - 3

2 0

3 6 0

9 1 R-1 - 3

2 1

0 1 1

1 4 1

1 MR-2 3

5

2

1 0

3 9

1 2 - 7 R-4 1 8 3 9

2

6 1

1

9

4

1 41 4 3

1 R-3 9 5 150

1 51 F 9 T 1 O 61 6 15 U 6 R 1 5 0 E R S 71 T N A 3 2 C 8 B 0 8 5 R 1 8 0 E W E 9 U AS ES S 1 T T 4 L 2 8 1 5 L 1 6 9 1

2 0 1 1 5 2 6 2 2 2 28 25 2 0 R-2

P 1 8 23 2 2 4 O 2 E R-2 ¯

T R-2 7 S 4 3 2 Scale 1:2,500 N A 31 M 5 2 R 22 RO KE8Y MAPA U 19 C 15 Subject Property/Terrain visé TE SS 2 8 90 I 9 1 BL 20 1 20 Amend the R-1 zone to permit an in-law suite/ 3 19 Modification de la zone R-1 en vue de permettre une 5 18 EOapSpartement accessoire 40 m2 floor area variance to permit the construction of an in-law suite/Dérogation deI -s2urface de SubjectArea/ Terrain visé plancher de 40 m2 nécessaire pour permettre une appartement accessoire

3

3

3 4 2 Chatham Hall R-2 5

Map \ carte # I File \ fiche: PR-25-2016 Date \ date: avril/April 20, 2016 Community Planning 31 Cour Forest Acres Ct Planification urbaine Donat Thériault Amend the R-1 zone to permit an in-law suite/ Modification de la zone R-1 en vue de permettre une appartement accessoire

Site Plan/plan du site

Map \ carte # II File \ fiche: PR-25-2016 Date \ date: avril/April 20, 2016 Community Planning 31 Cour Forest Acres Ct Planification urbaine Donat Thériault

In Law Suite/ Apartement Accessoire 115 sq. m.

40 square metre floor area variance to permit the construction of an in-law suite/ Dérogation de surface de plancher de 40 m2 nécessaire pour permettre une appartement accessoire

Proposed Floor Plan/plan étage (proposé)

Map \ carte # III File \ fiche: PR-25-2016 Community Planning Date \ date: avril/April 20, 2016 31 Cour Forest Acres Ct Planification urbaine Donat Thériault

Existing/existante

Proposed/proposé

Elevations/les élévations

Map \ carte # IV File \ fiche: PR-25-2016 Date \ date: avril/April 20, 2016 Community Planning 31 Cour Forest Acres Ct Planification urbaine Donat Thériault

CITY OF FREDERICTON VILLE DE FREDERICTON BY-LAW NO. Z-5.93 ARRÊTÉ NO Z-5.93

A BY-LAW TO AMEND BY-LAW NO. Z-5, A ARRÊTÉ MODIFIANT L’ARRÊTÉ No Z-5 ZONING BY-LAW FOR THE CITY OF RELATIF AU ZONAGE DE THE CITY OF FREDERICTON FREDERICTON

WHEREAS the Council of the City of ATTENDU QUE le conseil municipal de la Ville de Fredericton deems it desirable to amend By-law Fredericton estime souhaitable de modifier No. Z-5 as hereinafter provided. l’arrêté no Z-5, ainsi qu’il est prévu ci-après.

THEREFORE THE COUNCIL OF THE CITY PAR CES MOTIFS, LE CONSEIL MUNICIPAL OF FREDERICTON ENACTS AS FOLLOWS: DE LA VILLE DE FREDERICTON ÉDICTE CE QUI SUIT :

1. By-law No. Z-5, A Zoning By-law for The 1. L'arrêté no Z-5, relatif au zonage de The City of City of Fredericton, is amended by adding to Fredericton, est modifié par l'adjonction aux the Residential Zone One (R-1) of Section 19 dispositions relatives à la zone résidentielle 1 thereof, the following: (R-1) prévues à l'article 19 :

Zone: R-1 Zone : R-1

Civic No. 31 Forest Acres Court Adresse municipale no : 31, cour Forest Acres Address: Adresse :

Permitted Permitted uses be amended by Utilisation Les utilisation autorisées Use: adding the following: autorisée : sont modifiées par l'adjonction des utilisations suivantes :

In-law Suite Appartement accessoire

By-law: Z-5.93 Arrêté : Z-5.93

By-law No. / Arrêté N° Z-5.93 2

Read a first time this ______day of Passé en première lecture ce ______, 2016. 2016.

Read a second time this ______day of Passé en deuxième lecture ce ______, 2016. 2016.

Read a third time and finally passed this Passé en troisième lecture et définitivement adopté ______day of ______, 2016. ce ______2016.

______Brad Woodside, Jennifer Lawson Murray, Mayor/maire City Clerk/secrétaire municipale By-law No. / Arrêté N° Z-5.93 3

BY-LAW STATUS REPORT For City Council – April 25, 2016

From: Office of the City Clerk

Date: April 21, 2016

Subject: Zoning Amendment – 155 King Street (Marc Demers)

For City Council on April 25, 2016

 Receipt of PAC Report  Hearing of Objections  First & Second Reading of By-law No. Z-5.94 by title

Additional Information

This application will amend the zoning by-law to permit more than one main building in the City Centre Zone located at 155 King Street, subject to terms and conditions.

 City Council Meeting – March 29, 2016  Council adopted a resolution referring the application to PAC, authorizing Section 68 advertising, preparation of a by-law to amend the Zoning By-law, and set the date for consideration of objections/support to the proposed by-law.

 Planning Advisory Committee Meeting – April 20, 2016  Staff recommended approval  PAC recommended approval (no written objections)

Form No.: GOV-FRM-223 Service: Community Leadership Issue No.: 1.1 Issue Date: 04/02/13 Printed On: April 22, 2016  May 25, 2001 REPORT OF THE PLANNING ADVISORY COMMITTEE

For City Council: April 25, 2016

From: Angela DuPlessis, Secretary, Planning Advisory Committee

Date: April 21, 2016

Title: 155 King Street

Description: Zone amendment to allow more than one main building on a lot

The Planning Advisory Committee, at its meeting held on April 20, 2016, considered an application from Marc Demers, on behalf of Burco Holdings Ltd., for a zone amendment to permit more than one main building in the City Centre Zone located at 155 King Street and recommended approval, subject to terms and conditions.

Terms and Conditions: a) That the site be developed substantially in accordance with Maps II and IV attached to Planning Report (PR) 24/16, to the satisfaction of the Development Officer; b) That the design of the addition, and of any future renovation of the retail store’s King Street façade, be in substantial accordance with Map III attached to PR 24/16, to the satisfaction of the Development Officer; c) That PIDs 01436823, 01436831, 01435676, 01435684, 01435692 be consolidated into one lot prior to the issuance of any building permit relative to the property; d) That the Applicant obtain the required provincial approvals relative to wellfield protection; e) All construction and design plans must conform to the NB Wellfield Protected Area Designation Order. Refer inquiries to the City Wellfield Protection Officer; and, f) Any servicing to the proposed new addition is to be to the satisfaction of the Director of Engineering & Operations, and provided at time of building permit application.

Accordingly, the Committee directed that the following resolution be forwarded to City Council:

BE IT RESOLVED that the Report of the Planning Advisory Committee, dated April 21, 2016, with respect to an application from Marc Demers, on behalf of Burco Holdings Ltd., for a zone amendment to permit more than one main building in the City Centre Zone located at 155 King Street, be received.

Yours truly,

Angela DuPlessis, Secretary Planning Advisory Committee cc: Marc Demers, PO Box 553, Fredericton, NB, E3B 5A6 John Burgess, Burco Holdings Ltd., PO Box 553, Fredericton, NB, E3B 5A6

Form No.: GOV-FRM-259 Issue No.: 1.3 Service: Community Leadership Issue Date: May 19, 2015 Sub-Service: Council & Committee Support  May 25, 2001 Printed On: April 22, 2016

71 INT A EOS SA NNE POINT

63

INF 151 65Unit 2 102104 124 199 106 108 101 126 QU 132 EEN 108 148 110 150 158 215 116 180 120 I-2 122 106 212

224228 129 226

103105 111 SMYTHE 119 125 80 133 141141951 CC TP-3 155 169 173 175177 P KING 181 MX-2 150 120 140 155 152 207 160 162 221 190 194 198 127 108 212 177 114 139 D 141 N 225 116 A 220 126 151 L MR-2 166 128 R 226 235 B 163 E 138 R 165 B 236 142 UN 175 S 173 M 238 152 W U 130 180 I 181 C 183 H 134 158 K T 250 160 181789 R 168 149 O 176 197 N 101 182 ¯ 103 190 201 205 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 113 ￿￿￿￿￿￿￿￿￿￿ 217 127 MX-1 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 204 227 135 161 229 114 TP-6 275 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿21￿￿￿￿4 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿24￿￿3￿￿￿￿2￿￿47￿￿￿￿￿￿￿￿￿￿ 145 173 218 245 257 128 G 224 255 E 159 OR 165 ￿￿￿￿￿￿1￿￿7￿￿4 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿2￿￿2￿￿8￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 131638 G 259 E 169 181 242 148 185 ￿￿￿￿1￿￿7￿￿8￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿2￿￿44248 273 127 252 158 191 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿2￿￿7￿￿9 ￿￿￿￿￿￿￿￿￿￿145 182 199 262 172 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 147 176 282284 SubjectArea/ 182 282688 Terrain visé 203 292092 FREDERICK 292496 201 217 32 203 219 28 WESTMORLAND 221 24 204 20 306 1612 151 131335 219 212 I-1 233 8 Map \ carte # I File \ fiche: PR-24-2016 Date \ date: avril/April 20, 2016 ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 155 rue King Street ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ Marc Demers Amendment to the City Centre Zone to permit more than one main building on a lot / Modification de la Zone du centre-ville pour permettre plus d’un bâtiment principal sur un lot

Parking/Stationnement :

41 spaces/emplacements

consolidé

PROPOSED EXISTING WAREHOUSE /

ADDITION / ENTREPÔT EXISTANT du du terrain

AJOUT PROPOSÉ 2

limite 1190 m Nouveau Nouveau

IRVING GAS BAR / CIRCLE K EXISTING RETAIL STORE / MAGASIN DE DÉTAIL EXISTANT

966 m2 Consolidated Lot Boundary Consolidated /

EXISTING RETAIL STORE / RUE KING STREET MAGASIN DE DÉTAIL EXISTANT ~180 m2

Map / carte # II File / fiche : PR 24/16 Date : 6 April/avril 2016 Subject / sujet : 155 rue King Street Applicant / demandeur: Marc Demers Proposed Building Design / Design du bâtiment proposé

1.77-m building height variance / Dérogation de l’hauteur du bâtiment de 1,77 mètres

Façade of the addition facing Queen Street / Façade de l’ajout donnant à la rue Queen

Façade of the retail store facing King Street / Façade du magasin de détail donnant à la rue King

Map / carte # III File / fiche : PR 24/16 Date : 6 April/avril 2016 Subject / sujet : 155 rue King Street Applicant / demandeur: Marc Demers Proposed Development / Devéloppement proposé

SIMMS HOME HARDWARE

SIMMS HOME HARDWARE

RUE KING STREET Façade of the retail store facing King Street / Façade du magasin de détail donnant à la rue King

Map / carte # IV File / fiche : PR 24/16 Date : 6 April/avril 2016 Subject / sujet : 155 rue King Street Applicant / demandeur: Marc Demers CITY OF FREDERICTON VILLE DE FREDERICTON BY-LAW NO. Z-5.94 ARRÊTÉ NO Z-5.94

A BY-LAW TO AMEND BY-LAW NO. Z-5, A ARRÊTÉ MODIFIANT L’ARRÊTÉ No Z-5 ZONING BY-LAW FOR THE CITY OF RELATIF AU ZONAGE DE THE CITY OF FREDERICTON FREDERICTON

WHEREAS the Council of the City of ATTENDU QUE le conseil municipal de la Ville de Fredericton deems it desirable to amend By-law Fredericton estime souhaitable de modifier No. Z-5 as hereinafter provided. l’arrêté no Z-5, ainsi qu’il est prévu ci-après.

THEREFORE THE COUNCIL OF THE CITY PAR CES MOTIFS, LE CONSEIL MUNICIPAL OF FREDERICTON ENACTS AS FOLLOWS: DE LA VILLE DE FREDERICTON ÉDICTE CE QUI SUIT :

1. By-law No. Z-5, A Zoning By-law for The 1. L'arrêté no Z-5, relatif au zonage de The City of City of Fredericton, is amended by adding to Fredericton, est modifié par l'adjonction aux the City Centre Zone (CC) of Section 19 dispositions relatives à la zone du centre-ville thereof, the following: (CC) prévues à l'article 19 :

Zone: CC Zone : CC

Civic No. 155 King Street Adresse municipale no : 155, rue King Address: Adresse :

Permitted Permitted uses be amended by Utilisation Les utilisation autorisées Use: adding the following: autorisée : sont modifiées par l'adjonction des utilisations suivantes :

More than one building on one lot Plus d’un bâtiment sur un lot

By-law: Z-5.94 Arrêté : Z-5.94

2. By-law No. Z-5, A Zoning By-law for The 2. L'arrêté no Z-5, relatif au zonage de The City of City of Fredericton, is further amended by Fredericton, est également modifié par repealing By-law No. Z-2.196, adopted by l'abrogation de l'arrêté no Z-2.196, adopté par le City Council on February 28, 2000, along conseil municipal le 28 février 2000, et des with the associated terms and conditions. conditions connexes.

3. By-law No. Z-5, A Zoning By-law for The 3. L'arrêté no Z-5, relatif au zonage de The City of City of Fredericton, is further amended by Fredericton, est également modifié par repealing By-law No. Z-2.263, adopted by l'abrogation de l'arrêté no Z-2.263, adopté par le City Council on November 13, 2001, along conseil municipal le 13 novembre 2001, et des with the associated terms and conditions. conditions connexes.

By-law No. / Arrêté N° Z-5.94 2

Read a first time this ______day of Passé en première lecture ce ______, 2016. 2016.

Read a second time this ______day of Passé en deuxième lecture ce ______, 2016. 2016.

Read a third time and finally passed this Passé en troisième lecture et définitivement adopté ______day of ______, 2016. ce ______2016.

______Brad Woodside, Jennifer Lawson Murray, Mayor/maire City Clerk/secrétaire municipale By-law No. / Arrêté N° Z-5.94 3

BY-LAW NO. A-18 ARRÊTÉ NO A-18

A BY-LAW TO PERMIT THE ARRÊTÉ VISANT À PERMETTRE ENACTMENT OF CERTAIN BY-LAWS L’ÉDICTION DE CERTAINS ARRÊTÉS ET AND ADOPTION OF CERTAIN L'ADOPTION DE CERTAINES RÉSOLUTIONS RESOLUTIONS

BE IT ENACTED by the Council of the City of Le conseil municipal de Fredericton édicte ce qui Fredericton as follows: suit :

Pursuant to Section 39.1(3)(b) of the Conformément à l'alinéa 39.1(3)b) de la Loi sur les Municipalities Act, City Council does hereby municipalités, le conseil municipal autorise, par la authorize the Council of the City of Fredericton présente, le conseil municipal de Fredericton à to consider and/or enact certain by-laws, and to envisager et/ou édicter certains arrêtés ainsi qu’à consider and/or adopt certain resolutions considérer et/ou adopter certaines résolutions awarding tenders at its City Council Meetings of relatives à l’attribution de contrats par appel d’offres Tuesday, May 10, 2016 and Tuesday, May 24, au cours des réunions qu’il tiendra le mardi 10 mai et 2016 at 7:30 p.m., in the Council Chamber, City le mardi 24 mai 2016 à 19 h 30 dans la salle du Hall, Fredericton, New Brunswick. conseil de l’hôtel de ville, à Fredericton au Nouveau- Brunswick.

The proposed by-laws, tenders, appointments, Les projets d’arrêté, les appels d’offres, nominations, agreements and contracts are as follows: accords et contrats sont les suivants :

 Request for Proposal P#15-49 – For Planning  Demande de propositions P15-49 – Pour un Consultant: New Municipal Growth Strategy expert-conseil en urbanisme : nouvelle stratégie and Municipal Plan de croissance municipale et plan municipal

 Request for Information P#16-05 – Garbage  Demande d’information P16-05 – Service d’un and Recycling Program Consultant Service conseiller pour le programme de recyclage et de collecte des ordures

 Request for Proposal P#16-06 – Parking  Demande de propositions P16-06 – Plan directeur Master Plan de stationnement

 Request for Proposal P#16-09 – For Proposed  Demande de propositions P16-09 – Pour le Conveyance of Brunswick Street Parking transfert proposé du parc de stationnement Garage Subject to Delivery of a Downtown couvert, sous réserve de la réalisation d’un Development aménagement au centre-ville

 Request for Proposal P#16-13 – GPS/Data  Demande de propositions P16-13 – Enregistreur Collector with Laser Range Finder de collecte de données / GPS avec télémètre laser

 Request for Proposal P#16-14 – One (1)  Demande de propositions P16-14 – Une (1) Wheel Loader chargeuse sur pneus

 Request for Proposal P#16-17 – Ultra Violet  Demande de propositions P16-17 – Équipement Disinfection Equipment de désinfection par rayons ultraviolets

 Request for Quotation Q#153253.00Q –  Demande de prix Q153253.00 – Améliorations Fredericton WWATF UV Disinfection du système de désinfection par rayons ultraviolets System Upgrades WWATF

By-law No. / Arrêté N° A-18 2

 Request for Quotation Q#16-25 – Trailer  Demande de prix Q16-25 – Manipulateur de Mounted Combination Valve Exerciser and vannes et excavatrice aspiratrice montés sur Vacuum Excavation remorque

 Request for Quotation Q#16-26 – Full Size  Demande de prix Q16-26 – Fourgonnettes pleine Cargo Vans grandeur

 Request for Quotation Q#16-27 – 2016  Demande de prix Q16-27 – Guides des Summer Entertainment Guides divertissements d’été 2016

 Request for Quotation Q#16-28 – Traffic  Demande de prix Q16-28 – Poteaux de Sign Posts signalisation routière

 Request for Quotation Q#16-29 – Lighting  Demande de prix Q16-29 – Modernisation de Retrofit at Willie O’Ree Place l’éclairage à la Place Willie O’Ree

 Tender #T16-03 – Carleton Street  Appel d’offres no T16-03 – Amélioration des Infrastructure Upgrades, Phase 1 infrastructures de la rue Carleton, Phase 1

 Tender #T16-04 – Nashwaaksis Phase III –  Appel d’offres no T16-04 – Nashwaaksis Lombardi Lane Infrastructure Upgrades Phase III – Amélioration des infrastructures de l’allée Lombardi

 Tender #T16-05 – Marysville Trunk Sanitary  Appel d’offres no T16-05 – Amélioration de Sewer Upgrade l’égout sanitaire principal de Marysville

 Tender #T16-08 – Regent Street and Prospect  Appel d’offres no T16-08 – Amélioration des Street Infrastructure Upgrade infrastructures des rues Regent et Prospect

 Tender #T16-09 – Silverwood Phase III –  Appel d’offres no T16-09 – Phase III des travaux Westwood Drive Infrastructure Upgrades du quartier Silverwood – Amélioration des infrastructures de la promenade Westwood

 Tender #T16-10 – Hartt Street Infrastructure  Appel d’offres no T16-10 – Amélioration des Upgrades infrastructures de la rue Hartt

 Tender #T16-11 – Valley Trail Water Main  Appel d’offres no T16-11 – Installation de la Installation and Culvert Replacement conduite principale et remplacement du ponceau du sentier Valley

 Tender #T16-13 – Aberdeen Street  Appel d’offres no T16-13 – Prolongement des Infrastructure Extensions infrastructures de la rue Aberdeen

 Tender #T16-14 – McEvoy Street  Appel d’offres no T16-14 – Amélioration des Infrastructure Upgrades infrastructures de la rue McEvoy

 Tender #T16-16 – Vanier Industrial Drive  Appel d’offres no T16-16 – Remplacement du Culvert Replacement ponceau de la promenade Vanier Industrial

 Tender #T16-17 – Wilmot Park Aquatic  Appel d’offres no T16-17 – Installation aquatique Facility, Phase 2 du parc Wilmot, Phase 2

 Tender #T16-21 – Islandview Tennis Court  Appel d’offres no T16-21 – Amélioration du court Upgrade de tennis Islandview By-law No. / Arrêté N° A-18 3

 Tender #T16-24 – Hawkins Street  Appel d’offres no T16-24 – Amélioration des Infrastructure Upgrades infrastructures de la rue Hawkins

 Tender #T16-27 – New 146’ x 62’ Storage  Appel d’offres no T16-27 – Nouveau bâtiment Building d’entreposage de 146 pi sur 62 pi

 By-law No. Z-5.93, A By-law to Amend By-  Arrêté Nº Z-5.93, Arrêté modifiant l’arrêté nº Z-5 law No. Z-5, A Zoning By-law for The City relatif au zonage de The City of Fredericton of Fredericton

 By-law No. Z-5.94, A By-law to Amend By-  Arrêté Nº Z-5.94, Arrêté modifiant l’arrêté nº Z-5 law No. Z-5, A Zoning By-law for The City relatif au zonage de The City of Fredericton of Fredericton

 Agreements, contracts, deeds or any other  Accords, contrats, actes formalistes ou tout autre document with the Province of New document avec la province du Nouveau- Brunswick Brunswick

 The acquisition or disposal of land or  Acquisition ou aliénation de terrains ou de easements in relation to the Chateau Heights servitudes pour le projet de prolongement des Municipal Water and Sewer Extension réseaux municipaux d’eau et d’égout à Chateau Project Heights

 The acquisition or disposal of land or  Acquisition ou aliénation de terrains ou de easements in relation to the Regent Street and servitudes pour l’amélioration des infrastructures Prospect Street Infrastructure Upgrade des rues Regent et Prospect

 The disposal of city-owned land situated on  Aliénation d’un terrain municipal situé sur le Urquhart Crescent and Mary Ellen Drive croissant Urquhart et la promenade Mary Ellen

______Brad Woodside Jennifer Lawson Murray Mayor / maire City Clerk/secrétaire municipale

First Reading: Première lecture : Second Reading: Deuxième lecture : Third Reading: Troisième lecture :

City Council meeting – April 25,2016

RESOLUTION RÉSOLUTION

RE: Emergency Third Reading of By- OBJET : Urgence justifiant une law No. A-18, A By-law to troisième lecture de l’arrêté Permit the Enactment of Certain no A-18, un arrêté pour By-laws and Adoption of Certain permettre l’édiction de Resolutions certain arrêtés et l’adoption de certaines résolutions

MOVED BY PROPOSÉ PAR

SECONDED BY APPUYÉ PAR

THAT City Council adopt the following QUE le conseil municipal adopte la resolution: résolution suivante :

BE IT RESOLVED THAT this IL EST RÉSOLU QUE le conseil Council declares an emergency exists déclare l’existence d’une urgence that requires the Council to proceed justifiant de procéder immédiatement à immediately to Third Reading of By- la troisième lecture du projet d’arrêté law No. A-18, A By-law to Permit the no A-18, arrêté pour permettre l’édiction Enactment of Certain By-laws and de certaines arrêtés et l’adoption de Adoption of Certain Resolutions. certaines résolutions.

BY-LAW NO. A-17 ARRÊTÉ NO A-17

A BY-LAW TO AMEND VARIOUS BY- ARRÊTÉ MODIFIANT DIVERS ARRÊTÉS LAWS

PASSED: April 25, 2016 ADOPTÉ : le 25 avril 2016

WHEREAS Municipalities may make by-laws ATTENDU que les municipalités peuvent établir pursuant to the Municipalities Act; des arrêtés en vertu de la Loi sur les municipalités;

AND WHEREAS the Municipality of The City ET ATTENDU que la municipalité de la Ville de of Fredericton changed its mailing address on Fredericton a changé son adresse postale le December 31, 2015, and; 31 décembre 2015;

AND WHEREAS the Council of The City of ET ATTENDU que le conseil de la Ville de Fredericton wishes to update its various by-laws Fredericton souhaite mettre à jour ses différents accordingly; arrêtés;

NOW THEREFORE, BE IT ENACTED by the IL EST PAR CONSÉQUENT RÉOSLU que le Council of the City of Fredericton, pursuant to conseil municipal de la Ville de Fredericton édicte, the authority vested in it by the Municipalities conformément aux pouvoirs que lui confèrent la Loi Act, R.S.N.B. 1973, c. M-22, as follows: sur les municipalités, L.R.N.-B. 1973, c. M-22, ce qui suit :

1. By-law No. R-6, A By-law to Regulate 1. L'Arrêté No R-6, Arrêté portant Taxi Owners and Operators of the City réglementation des propriétaires et of Fredericton, is amended by repealing exploitants de taxi de the city of all references to “P.O. Box 130, Fredericton est modifié par l'abrogation de Fredericton, N.B., E3B 4Y7” and toute référence à « C.P. 130, Fredericton, replacing them with “397 Queen Street, N.-B., E3B 4Y7 » et est remplacé par Fredericton, N.B., E3B 1B5”. « 397 rue Queen, Fredericton, N.-B., E3B 1B5. »

2. By-law No. S-2, A By-law Respecting 2. L'Arrêté No S-2, Arrêté concernant la Fire Prevention is amended by prévention des incendies est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

3. By-law No. S-4, A By-law Respecting 3. L'Arrêté No S-4, Arreté concernant le quai the Regent Street Wharf, is amended by de la rue Regent est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

By-law No. / Arrêté N° A-17 2

4. By-law No. S-9, A By-law to Prevent 4. L'Arrêté No S-9, Arreté visant á prévenir Nuisances, is amended by repealing all les nuisances est modifié par references to “P.O. Box 130, l'abrogation de toute référence à « C.P. Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

5. By-law No. S-11, A By-law Respecting 5. L'Arrêté No S-11, Arrêté concernant le Animal Control, is amended by contrôle des animaux est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

6. By-law No. S-13, A By-law Respecting 6. L'Arrêté No S-13, Arrêté concernant les Disturbance by Noise, is amended by nuisances sonores est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

7. By-law No. T-6, A By-law Respecting 7. L'Arrêté No T-6 Arrêté concernant les Public Motor Buses, is amended by autobus publics est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

8. By-law No. T-7, A By-law Relating to 8. L'Arrêté No T-7 Arrêté concernant les Parking Meters, Parking Zones and Pay parcomètres, les zones destationnement et and Display Machines, is amended by les horodateurs est modifié par repealing all references to “P.O. Box l'abrogation de toute référence à « C.P. 130, Fredericton, N.B., E3B 4Y7” and 130, Fredericton, N.-B., E3B 4Y7 » et replacing them with “397 Queen Street, est remplacé par « 397 rue Queen, Fredericton, N.B., E3B 1B5”. Fredericton, N.-B., E3B 1B5. »

9. The amendments of the by-laws 9. Les modifications aux arrêtés énumérés listed herein, shall not affect any ci-dessus n'ont aucun effet sur les peines ou penalty, forfeiture or liability, incurred confiscations encourues, ou sur la before such amendments or any responsabilité engagée, avant ces proceeding for enforcing the same modifications, ni sur les procédures completed or pending at the time of d'exécution achevées ou pendantes au the amendments; nor shall it repeal, moment de celles-ci; elles n'ont pas non defeat, disturb, invalidate or plus pour effet d'abroger, d'annuler, de prejudicially affect any matter or modifier, d'invalider ou d'altérer quoi que thing whatsoever completed, ce soit qui serait achevé ou pendant à ce existing or pending at the time of the moment. En outre, ces modifications n'ont amendments, nor further shall these aucun effet sur la validité ou la force amendments in any way or matter affect exécutoire d'une entente conclue avec la the validity or enforceability of any municipalité. agreement with the Municipality.

By-law No. / Arrêté N° A-17 3

First Reading: April 11, 2016 Première lecture : April 11, 2016

Second Reading: April 11, 2016 Deuxième lecture : April 11, 2016

Third Reading: April 25, 2016 Troisième lecture: April 25, 2016

(Sgd. Brad Woodside) (Jennifer Lawson Murray) ______Brad Woodside Jennifer Lawson Murray Mayor / maire City Clerk / secrétaire municipale

BY-LAW STATUS REPORT For City Council – April 25, 2016

From: Office of the City Clerk

Date: April 21, 2016

Subject: A By-Law to Temporarily Stop-up and Close Portions of Various Streets – 38th Annual Fredericton Marathon

For City Council on April 25, 2016

 Reading by Section Number  Third Reading of By-law No. L-11.107, by title

Additional Information

 City Council Meeting – March 29, 2016  City Council adopted a resolution that approval be given to stop-up and close portions of various streets in order to host the 38th Annual Fredericton Marathon.  Council resolved that the City Solicitor be authorized to draft the appropriate by-law to effect a temporary stop up and partial closure of the various streets from 7:00 a.m. to 3:00 p.m. on Sunday, May 8, 2016.  Council further resolved that the public notice requirements of Section 187(6) of the Municipalities Act be fulfilled; AND that the regular Council meeting of Monday, April 11th, 2016, at 7:30 p.m. at the Council Chamber, City Hall, be set as the time and place for the consideration of objections/support to the proposed by-law.

 City Council - April 11, 2016  Hearing of Objections/Support (no written objections)  First & Second Reading of By-law No. L-11.107, by title

Form No.: GOV-FRM-223 Service: Community Leadership Issue No.: 1.1 Issue Date: 04/02/13 Printed On: April 22, 2016  May 25, 2001 BY-LAW NO. L-11.107 ARRÊTÉ NO L-11.107

A BY-LAW TO TEMPORARILY STOP-UP ARRÊTÉ RELATIF À L’INTERRUPTION AND CLOSE PORTIONS OF VARIOUS TEMPORAIRE DE LA CIRCULATION ET À STREETS – 38TH ANNUAL FREDERICTON LA FERMETURE TEMPORAIRE DE MARATHON DIVERS TRONÇONS DE RUES – 38E MARATHON ANNUEL DE FREDERICTON

PASSED: April 25, 2016 ADOPTÉ : le 25 avril 2016

WHEREAS Municipalities may make by-laws ATTENDU que les municipalités peuvent établir pursuant to the Municipalities Act; des arrêtés en vertu de la Loi sur les municipalités;

NOW THEREFORE, BE IT ENACTED by the IL EST PAR CONSÉQUENT RÉSOLU que le Council of the City of Fredericton, and pursuant to conseil municipal de la Ville de Fredericton édicte, the authority vested in it by Section 187 of the conformément aux pouvoirs que lui confère Municipalities Act, R.S.N.B. 1973, c. M-22, as l’alinéa 187 de la Loi sur les municipalités, L.R.N.- follows: B. 1973, c.M-22, ce qui suit :

1. That portion of the westbound lanes of Saint 1. Que la partie des voies en direction ouest de la Anne’s Point Drive, between its terminus at the promenade Pointe Sainte-Anne, entre son intersection of Queen Street and Regent Street terminus à l'intersection de la rue Queen et la to the Westmorland Street Overpass, be rue Regent à la rue Westmorland Overpass, temporarily stopped-up and closed, as shown comme le montre l’annexe « I-1 » ci-jointe et on Schedule “I-1” attached hereto and forming faisant partie des présentes, soient part hereof, on Saturday May 7, 2016 for the temporairement fermées et voient leur period of 1:00 p.m. to 3:00 p.m. circulation temporairement interrompue, le samedi 7 mai 2016, de 13 h à 15 h.

2. That portion of Aberdeen Street, between its 2. Que la rue Aberdeen, de son extrémité au terminus at the trail and Carleton Street; sentier à son intersection avec la rue Carleton, Carleton Street, between Aberdeen Street and la rue Carleton, de la rue Aberdeen à la Needham Street; Needham Street, between rue Needham, la rue Needham, de la Carleton Street and York Street; York Street, rue Carleton à la rue York, la rue York, de la between Needham Street and Saunders Street; rue Needham à la rue Saunders, la Saunders Street, between York Street and Odell rue Saunders, de la rue York à l’avenue Odell, Avenue; Odell Avenue, between Saunders l’avenue Odell, de la rue Saunders au Street and Woodstock Road; Woodstock Road, chemin Woodstock, le chemin Woodstock, de between Odell Avenue and Brunswick Street; l’avenue Odell à la rue Brunswick, la Brunswick Street, between Woodstock Road rue Brunswick, du chemin Woodstock à la and Church Street; Church Street, between rue Church, la rue Church, de la rue Brunswick Brunswick Street and Charlotte Street; and, à la rue Charlotte, et la rue Charlotte, de la Charlotte Street, between Church Street and its rue Church au sentier, comme le montre terminus at the trail, be temporarily stopped-up l’annexe « I-2 » ci-jointe et faisant partie des and closed ), as shown on Schedule “I-2” présentes, soient temporairement fermées et attached hereto and forming part hereof, on voient leur circulation temporairement Sunday May 8, 2016 for the period of 7:45 a.m. interrompue, le dimanche 8 mai 2016, de 7 h 45 to 10:30 a.m. ( or as soon as the last participant à 10 h 30 (ou dès que le dernier participant aura completes the course). terminé le parcours).

By-law No. / Arrêté Nº L-11.107 2

3. That portion of Aberdeen Street, between its 3. Que la rue Aberdeen, de son extrémité au terminus at the trail to St. John Street; St. John sentier à la rue St. John, la rue St. John, de Street, between Churchill Row and McLeod l’allée Churchill à l’avenue McLeod, l’avenue Avenue; McLeod Avenue, between St. John McLeod, de la rue St. John à la rue Street and Beaverbrook Street; and, Church Beaverbrook, et la rue Church, de Street, between Churchill Row and Aberdeen l’allée Churchill à la rue Aberdeen, comme le Street, be temporarily stopped-up and closed, montre l’annexe « I-2 » ci-jointe et faisant as shown on Schedule “I-2” attached hereto partie des présentes, soient temporairement and forming part hereof , on Sunday, May 8, fermées et voient leur circulation 2016 for the period of 7:00 a.m. to 3:00 p.m. temporairement interrompue, le dimanche 8 (or as soon as the last participant completes the mai 2016, de 7 h à 15 h (ou dès que le dernier course). participant aura terminé sa course).

4. The Director of Engineering and Public Works 4. Le directeur de l’ingénierie et des travaux may cause to be erected such barriers as he publics peut faire ériger des barrières s’il le may deem necessary to enforce the observance juge nécessaire pour assurer que l’arrêté est of this By-law. respecté.

5. That By-law No. L-11.98, adopted by City 5. Que l’arrêté no L-11.98, adopté par le conseil Council on April 13, 2015, be repealed. municipal le 13 avril 2015, soit abrogé.

(Sgd. Brad Woodside) (Sgd. Jennifer Lawson Murray) ______Brad Woodside Jennifer Lawson Murray Mayor/maire City Clerk/secrétaire municipale

First Reading: April 11, 2016 Première lecture : April 11, 2016 Second Reading: April 11, 2016 Deuxième lecture : April 11, 2016 Third Reading: April 25, 2016 Troisième lecture : April 25, 2016 By-law No. / Arrêté Nº L-11.107 3

By-law No. / Arrêté Nº L-11.107 4

By-law No. / Arrêté Nº L-11.107 5

SPECIAL EVENT REPORT City Council – April 25, 2016

To: His Worship Mayor Brad Woodside and Members of City Council

From: April Thorne – Special Events Coordinator

Date: 20/04/2016

Title: Toy-Ride 2016

Description: The annual “Toy Ride” is a fundraising event for the Child Life Unit of the Doctor Everett Chalmers Hospital organized by the Fredericton Motorcycle Club. Ride participants will travel together to the Doctor Everett Chalmers Hospital to present their donations and toys to the unit.

Requested By: Douglas Cawker – Fredericton Motorcycle Club

Event: Toy-Ride 2016

Purpose: The annual “Toy Ride” is a fundraising event for the Child Life Unit of the Doctor Everett Chalmers Hospital organized by the Fredericton Motorcycle Club. Ride participants will travel together to the Doctor Everett Chalmers Hospital to present their donations and toys to the unit.

Date and Time: Saturday, June 11th, 2016 at 11:00 a.m. (Registration is from 9:30 a.m. until 10:45 a.m.)

Route Description: Participants will leave the Brookside Mall parking lot and turn right onto Reynolds Street, follow Reynolds Street to Brookside Drive. Turn right onto Brookside Drive and follow Brookside Drive to the Ring Road. Turn right onto the Ring Road and follow the Ring Road to the Royal Road, turn right on the Royal Road and follow to Stanley. Once in Stanley participants will stop at the Stanley School for lunch then return to Fredericton via Route 8 to finish at the Doctor Everett Chalmers Hospital where they will deliver toys and donations to the Child Life Unit.

Special Notes: Event organizer is requesting a Police escort while they are within city limits.

Special Event Report 2

COMMENTS FROM DEPARTMENTS

Police: The Fredericton Police Force has created a CAD call for a lead vehicle. Participants are to obey all traffic control devices unless directed by an officer.

Transit: The Transit Division has indicated that they do not have any issues or concerns with this event.

Engineering: The Engineering Services Division has indicated that they do not have any issues with this event if the Fredericton Police Force is able to provide an escort. If a Police Escort is unavailable the Engineering Services Division has suggested that the group stops at several points throughout their route to regroup as they may get separated at intersections. Participants are not permitted to block traffic themselves and are reminded to obey the rules of the road, municipal bylaws and the Motor Vehicle Act.

New Brunswick Department of Transportation & Infrastructure (NBDTI) – NBDTI has approved the route.

RECOMMENDATION

It is recommended that City Council adopt the following resolution:

BE IT RESOLVED THAT approval be given to the Fredericton Motorcycle Club to hold the Toy Ride on Saturday, June 11th, 2016, at 11:00 a.m. along the route requested, subject to staff recommendations.

Submitted by: April Thorne – Special Events Coordinator

Approved by:

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001 Special Event Report 3

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001 SPECIAL EVENT REPORT City Council – April 25, 2016

To: His Worship Mayor Brad Woodside and Members of City Council

From: April Thorne – Special Events Coordinator

Date: 19/04/2016

Title: SER - Youth Arts Week 2016

Description: Battle of the Arts NB would like permission to hold an event in front of City Hall (Phoenix Square) on May 7th to celebrate National Arts Week.

Requested By: Saa Andrew Gbongbor – Battle of the Arts

Event: National Youth Arts Week

Purpose: National Youth Arts Week is a celebration of arts in communities around the country from May 1st – May 7th. It gives children and youth the power to celebrate and promote social change through arts.

Date and Time: Saturday, May 7th, 2016 from 5:00 p.m. – 12:00 a.m. (midnight)

Special Notes: The organizer is requesting use of Phoenix Square to hold this event as well as asking the City to grant them an exemption from By-Law S-13, A By-Law Respecting Disturbance by Noise allowing the event to continue until 12:00 a.m. (midnight). Every measure will be taken to ensure noise is kept to a minimum and ensure the residential neighbourhood will not be adversely impacted.

COMMENTS FROM DEPARTMENTS

Police: The Fredericton Police Force has indicated that they do not have any issues with this event.

Transit: The Transit Division has indicated that they do not have any issues with this event.

Engineering: The Engineering Services Division has indicated that they do not have any issues with this event. Special Event Report 2

Building Services: The Building Services Division has asked that if the organizer fails to clean up after the event or if there is paint on the brick work then the organizer will be forwarded the bill for clean up from the City.

Tourism: The Tourism Division has indicated that they do not have any issues with this event.

RECOMMENDATION

It is recommended that City Council adopt the following resolution:

BE IT RESOLVED THAT approval be given to The Battle of the Arts to hold the National Youth Arts Week event on the grounds of Phoenix Square on Saturday, May 7th, 2016 from 5:00 p.m. to 12:00 a.m.(midnight), subject to all staff recommendations being met; AND

BE IT FURTHER RESOLVED THAT an exemption be granted to the Battle of the Arts from the provisions of Section 1 of By-Law S-13, being A By-law Respecting Disturbance by Noise for events occurring as part of the National Youth Arts Week event being held at Phoenix Square on Saturday, May 7th, 2016.

Submitted by: April Thorne – Special Events Coordinator

Approved by:

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001

REPORT OF COUNCIL-IN-COMMITTEE For City Council – April 25, 2016

From: Office of the City Clerk

Date: Thursday, April 21, 2016

Title: Banking Services Pricing Agreement Renewal

Description: The Bank of Nova Scotia

Council, while acting in committee at its session held on April 11, 2016, considered an Administrative Report from the Purchasing and Payables Manager requesting Council approval of a pricing extension to the existing general banking services agreement with the Bank of Nova Scotia for a three-year term from April 12, 2016 to April 13, 2019.

The Bank of Nova Scotia has been the City’s bank service provider for the past fifteen years through a tender issued in 2001 for a five-year term, which had been since renewed three times.

The Committee directed that the following resolution be forwarded to City Council for consideration:

BE IT RESOLVED that the Council of the City of Fredericton hereby approves and authorizes a three (3) year extension to the general Banking Services Agreement between the City of Fredericton and the Bank of Nova Scotia from April 12, 2016 to April 13, 2019; and

BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Agreement and such other legal documents as required to facilitate this resolution.

Form No.: GOV-FRM-259 Issue No.: 1.3 Service: Community Leadership Issue Date: May 19, 2015 Sub-Service: Council & Committee Support  May 25, 2001 Printed On: April 22, 2016

REPORT OF COUNCIL-IN-COMMITTEE For City Council – April 25, 2016

From: Office of the City Clerk

Date: Tuesday, April 19, 2016

Title: 362-436 Aberdeen Street

Description: Proposed License Agreement

Council, while acting in committee at its session held on April 18, 2016, considered an Administrative Report from the Director of Growth and Community Services, requesting Council authorization to grant a Licence Agreement to Concorde Investments Ltd. that would permit the creation, occupancy, and use of a 12-space parking lot on City-owned properties situated within the Aberdeen Street Public Right-of-way.

Part of the 2016 Engineering and Operations Capital Budget includes upgrades to the Aberdeen Street Right-of-way between Carleton and York Street. City staff viewed this as an opportunity to work towards completing a safe and accessible east-west cross town multi-purpose trail connection. In this particular circumstance, there are existing parking rights (legal non- conforming) that permit 12 parking stalls directly off Aberdeen Street. If the trail was to be constructed within the Public Right-of-way, there would be an ongoing potential risk of conflict between the trail users and the parking lot users.

Accordingly, the Growth and Community Services Department has negotiated License Agreements with Concorde Investments Ltd. that would permit the City, at its cost, to construct a 3.5-metre wide multi-use paved trail on the portion of property situated at 362-430 Aberdeen Street. In consideration, the City would construct a 12-space asphalt parking lot on a portion of the Aberdeen Street Public Right-of-way. This will situate the trail between the building and the parking lot, thereby mitigating the risk of potential conflict between vehicles and trail users. In addition, the City will provide the landscaping treatment between the building and the trail—a 1,200 mm x 2.400 mm concrete pad for a bike rack to be supplied and installed by Concorde Investments Ltd. and a 200 mm x 1,200 mm concrete Sonotube for a flexible accessibility parking sign to be supplied and installed by Concorde Investments Ltd.

The Committee directed that the following resolution be forwarded to City Council for consideration:

BE IT RESOLVED that the Council of the City of Fredericton authorizes the License Agreements with Concorde Investments Ltd. that would permit the City, at its cost, to construct a 3.5-metre wide multi use paved trail on the portion of property situated at 362-430 Aberdeen Street, known as PID’s 75398354 and 01448588, in consideration for which the City will construct the initial 12- space asphalt parking lot on a portion of Aberdeen Street Public Right-of-way, known as PID’s 75338335 and 75446906; and that the Mayor and City Clerk be authorized to execute the necessary legal documents to facilitate this transaction.

Form No.: GOV-FRM-259 Issue No.: 1.3 Service: Community Leadership Issue Date: May 19, 2015 Sub-Service: Council & Committee Support  May 25, 2001 Printed On: April 22, 2016 AGREEMENT RE USE OF LAND – LICENSE

Parcel Identifier of Parcels Burdened by License: PIDs 75338335, 75446906 – See Schedule “A” attached

Parcel Identifier of Parcels Benefiting from License: PIDs 75398354, 01448588

Grantor of License: THE CITY OF FREDERICTON 397 Queen Street Fredericton, NB E3B 1B5

Grantee of License: CONCORDE INVESTMENTS LTD. 364 York Street, Suite 100 Fredericton, NB E3B 3P7

Description of License: A 12-space asphalt parking lot on a portion of PIDs 75338335 and 75446906 as shown, outlined and depicted on Schedule “B” attached hereto.

Purpose of License: See Schedule “C”

Diagram of License: See Schedules “B” and “D”

Terms/Conditions/ Covenants: See Schedule “C”

The recitals attached hereto as Schedule “E” form part of this License.

The grantor grants to the grantee the described license over or in the specified parcels for the specified purposes for the benefit of the specified parcels.

Date: April _____, 2016 THE CITY OF FREDERICTON

______Brad Woodside, Mayor

______Jennifer Lawson Murray, City Clerk

Schedule “A”

PID 75338335

All that certain lot, piece or parcel of land situate, lying and being in the City of Fredericton, County of York, and Province of New Brunswick, being Parcel “F” as shown, outlined and delineated on the Plan of Survey of Parcel “F”, Lands of Canadian Government Railways Aberdeen Street, York Street, Carleton Street City of Fredericton, County of York, Province of New Brunswick as prepared by Douglas E. Morgan, N.B.L.S., dated June 26, 1995, and was filed in the York County Registry Office on August 10, 1995 as Plan No. 200518 .

PID 75446906

All that certain lot, piece or parcel of land situate, lying and being in the City of Fredericton, County of York, and Province of New Brunswick, being Aberdeen Street (Public) as shown, outlined and delineated on the Subdivision Plan, Aberdeen Street (Public), Aberdeen Street, City of Fredericton, County of York, Province of New Brunswick as prepared by Douglas E. Morgan, N.B.L.S., dated February 29, 2008, was approved by the Development Officer for the City of Fredericton on April 12, 2008, and was filed in the York County Registry Office on May 6, 2008 as Plan No. 25510620 .

Schedule "B"

Schedule “C” 1. This License shall be for a term of twenty-five (25) years, (the “Term”) from the date hereof, such Term to be extended or renewed upon the written agreement of Concorde and the City. 2. The City shall, at its sole cost and expense, construct a 12 space asphalt parking lot, (the “Parking Lot”) on the parcels burdened by this License, complete with concrete curb, necessary drop curb, a 1-metre wide decorative concrete paver strip together with painted lines and markings, all of which are depicted on Schedule “B” hereto annexed. 3. For the Term of this License, Concorde shall, at its sole cost and expense, provide all necessary maintenance upkeep and repairs of the Parking Lot, including snow removal, rehabilitation, cleaning, painting and replacement.

Schedule "D"

Schedule "E"

WHEREAS:

1. Concorde Investments Ltd., (“Condorde”) is the owner of the lands and premises identified as SNB PID’s 75398354, & 01448588, being the properties located at 362-436 Aberdeen Street upon which property Concorde operates a multi-unit office building.

2. The City of Fredericton, (the “City”) is the owner of the lands and premises identified as SNB PIDs 75446906 and 75338335, being the Aberdeen Street Public Right-Of-Way upon which properties the City maintains a Public Street.

AGREEMENT RE USE OF LAND – LICENSE

Parcel Identifier of Parcels Burdened by License: PIDs 75398354, 01448588

Parcel Identifier of Parcels Benefiting from License: PIDs 75338335, 75446906

Grantor of License: CONCORDE INVESTMENTS LTD. 364 York Street, Suite 100 Fredericton, NB E3B 3P7

Grantee of License: THE CITY OF FREDERICTON 397 Queen Street Fredericton, NB E3B 1B5

Description of License: A 3.5 metre wide multi-use paved trail on a portion of PIDs 75398354 and 01448588 as shown, outlined and depicted on Schedule “B” attached hereto.

Purpose of License: See Schedule “C”

Diagram of License: See Schedules “B” and “D”

Terms/Conditions/ Covenants: See Schedule “C”

The recitals attached hereto as Schedule “E” form part of this License.

The grantor grants to the grantee the described license over or in the specified parcels for the specified purposes for the benefit of the specified parcels.

Date: April _____, 2016 CONCORDE INVESTMENTS LTD.

______Arnold Budovitch, Director

Schedule "B"

Schedule “C” 1. This License shall be for a term of twenty-five (25) years, (the “Term”) from the date hereof, such Term to be extended or renewed upon the written agreement of Concorde and the City. 2. The City shall, at its sole cost and expense, construct a 3.5-metre wide multi-use paved trail, (the “Paved Trail”) on the parcels burdened by this License, such Paved Trial to connect the two (2) existing walkways as shown on Schedule “B” hereto annexed. For the Term of this License, the City shall, at its sole cost and expense, provide all necessary maintenance, upkeep and repair of Paved Trail, including snow removal, rehabilitation and replacement. 3. The City shall, at its sole cost and expense, provide initial landscaping, complete with topsoil and hydro-seeding, for the “green space”, (the “Green Space”) as depicted on Schedule ‘B”. For the Term of this License, Concorde shall, at its sole cost and expense, provide full maintenance of the Green Space. 4. The City shall, at its sole cost and expense, remove the existing Utility Pole from its present location within the limits of the Paved Trail. The City shall, at its sole cost and expense and taking all reasonable efforts to ensure that the new location of Utility Pole does not interfere with the building entrance at the eastern end of the 12-space parking lot, relocate the Utility Pole within the limits of the Public Right-Of-Way. 5. The City shall, at its sole cost and expense, construct a concrete pad, not to exceed 1.2 m x 2.4-m, (the “Concrete Pad”) together with an asphalt connection to the Paved Trail, as depicted on Schedule “D” hereto annexed. Concorde shall, at its sole cost and expense, supply and install a bike rack on the Concrete Pad. 6. For the Term of this License, Concorde shall, at its sole cost and expense, provide all necessary maintenance, upkeep and repairs to the Concrete Pad and the Paved Trail asphalt connection referred to in paragraph 5 hereinabove, including snow removal, rehabilitation, cleaning and replacement. 7. The City shall, at its sole cost and expense and with a bolt-pattern template and bolts supplied by Concorde, construct a Concrete Sonotube , (the “Sonotube”) not to exceed 200-mm x 1,200-mm, as depicted on Schedule “D”. Concorde shall, at its own cost and expense, supply and install a flexible accessibility parking sign on the Sonotube. 8. For the Term of this License, Concorde shall, at its sole cost and expense, provide all necessary maintenance, upkeep and repairs to the Sonotube referred to in paragraph 7 hereinabove, including snow removal, rehabilitation, cleaning and replacement.

Schedule "D"

Schedule "E"

WHEREAS:

1. Concorde Investments Ltd., (“Condorde”) is the owner of the lands and premises identified as SNB PID’s 75398354, & 01448588, being the properties located at 362-436 Aberdeen Street upon which property Concorde operates a multi-unit office building.

2. The City of Fredericton, (the “City”) is the owner of the lands and premises identified as SNB PIDs 75446906 and 75338335, being the Aberdeen Street Public Right-Of-Way upon which properties the City maintains a Public Street.

REPORT OF COUNCIL-IN-COMMITTEE For City Council – April 25, 2016

From: Office of the City Clerk

Date: Tuesday, April 19, 2016

Title: 72 Sunset Boulevard, McLeod Hill

Description: Proposed Easement

Council, while acting in committee at its session held on April 18, 2016, considered an Administrative Report from the Real Estate Manager requesting Council authorization to proceed with the acquisition of an easement over the property of Renata and Marek Krasowski located at 72 Sunset Boulevard, McLeod Hill.

The purpose of the Easement is to connect sanitary lines from the future lift station as part of the Chateau Heights infrastructure extension project. The Easement will provide a relatively direct line to Sunset Boulevard by crossing through the property at 72 Sunset Boulevard. Sanitary lines will run under the Easement, which will also permit future maintenance and service. The Engineering & Operations Department, working with consultants, has identified this as a critical feature for the provision of municipal services to this neighbourhood.

The Committee directed that the following resolution be forwarded to City Council for consideration:

BE IT RESOLVED that the Council of the City of Fredericton authorizes the acquisition of an easement across property situated at 72 Sunset Boulevard, McLeod Hill, NB (identified as PID 75158402) from Renata Krasowski and Marek Krasowski for Two Thousand Dollars ($2,000), subject to applicable taxes (if any), terms and conditions (including but not limited to the installation of a lateral sewer line from the main line to within 1 metre of the residence); and that the Mayor and City Clerk be authorized to execute the necessary legal documents to facilitate this transaction.

Form No.: GOV-FRM-259 Issue No.: 1.3 Service: Community Leadership Issue Date: May 19, 2015 Sub-Service: Council & Committee Support  May 25, 2001 Printed On: April 22, 2016 MUNICIPAL SERVICES EASEMENT

Parcel Identifier of Parcel Burdened by Easement: 75158402 (See Schedule “A” attached)

Grantor of Easement: MAREK KRASOWSKI 72 Sunset Drive McLeod Hill, NB E3G 6A2

RENATA KRASOWSKI 72 Sunset Drive McLeod Hill, NB E3G 6A2

Grantee of Easement: CITY OF FREDERICTON, THE 397 Queen Street Fredericton, NB E3B 1B5

Description of Easement: Municipal Services Easement over a portion of the parcel of land situate, lying and being on McLeod Hill, in the County of York and Province of New Brunswick.

Purposes of Easement: To grant the City of Fredericton access to the subject parcel of land for the purpose of establishing and maintaining municipal services as set out in Schedule “E”

This Easement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, successors and assigns.

Diagram of Easement: See Schedule "B"

The grantor grants to the grantee the described easement over or in the specified parcel for the specified purposes.

Date: ______day of ______, 2016

______Witness Marek Krasowski

______Witness Renata Krasowski

Schedule "A"

PID 01512391

ALL that certain lot, piece or parcel of land situate, lying and being on the McLeod Hill Road, in the Parish of Douglas and Province of New Brunswick and shown and designated as Lot No. 65 on the Plan of Subdivision, Chateau Heights Subdivision, Phase III, Lots No. 54-99, said plan having been prepared by Gary I. Larsen, N.B.L.S. and approved for registration by W.I. Moore, For Development Officer for the Province of New Brunswick, on the 3rd day of May, A.D., 1978 and also assented to by W.G. Bishop on the 3rd day of May, A.D., 1978 under Section 55 of the Community Planning Act, said plan having been filed in the Registry Office for the County of York on the 3rd day of May, A.D., 1978 as Plan Number 5853.

BEING the same lands and premises as were conveyed by Nashwaaksis Realty (1966) Ltd. to Rober Magill and Beatrice Magill by Indenture of Deed dated the 1st day of September, 1982 and registered in the York County Registry Office in Book 835, at Pages 70-73, under Official Number 258836.

Schedule "E"

The Grantor of the Easement hereby conveys the within Easement as a Municipal Service Easement and the right, at the cost, risk and expense of the Grantee of Easement, by its officers, servants, agents, contractors and workers, to enter the lands subject to the easement with machinery, materials, vehicles and equipment to lay, construct, reconstruct, replace, renew, alter (the size of or increase the number of), maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the owner of the lands subject to the easement, including the heirs, executors, administrators, successors and assigns of such owner from erecting or locating on the lands designated “Municipal Services Easement” on Schedule “B”, any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle.

Schedule "B"

PROVINCE OF NEW BRUNSWICK

COUNTY OF YORK

AFFIDAVIT OF ATTESTING WITNESS

I, ______, of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS:

1. That I was present and did see the annexed Instrument duly signed, sealed and executed by ______.

2. That the Instrument was executed by the said ______at Fredericton, New Brunswick on the ____ of ______, 2015.

3. That I know the said ______.

4. That I am a subscribing witness to the execution of the said Instrument.

SWORN TO BEFORE ME at the ) City of Fredericton, in the County ) of York and Province of New ) Brunswick, this ____ day of ) ______, 2016. ) ) ) ) ______) ) A Commissioner of Oaths ) Being a Solicitor )

ADMINISTRATIVE REPORT

City Council – April 25, 2016

To: Mayor Brad Woodside and Members of City Council

From: Alicia Brown, Planner, Community Planning

Report Date: April 20, 2016

Copy: Dylan Gamble, Director of Engineering & Operations Jennifer Lawson Murray, City Clerk, Marcello Battilana, Manager, Community Planning

Subject: Approval for Sidewalk Sales

ISSUE:

Request to City Council for sidewalk sales for the following establishments between May 1, 2016 and September 21, 2016:

Think Play/Endeavors 412 Queen Street Eloise 69 York Street River Valley Footwear 489 Queen Street MacTavish’s Source for Sports 228 Queen Street Radical Edge 386 Queen Street Owl’s Nest Bookstore 390 Queen Street Aitken’s Pewter 408 Queen Street Tony’s Music Box 396 Queen Street Elle Mio Bra Fitting Boutique 85 York Street Westminster Books 445 King Street Culture’s Boutique 83 Mazucca Lane Tilleul 593 King Street

BACKGROUND:

In 2007, the City of Fredericton adopted an operating procedure regarding the use of the public right-of-way for sidewalk sales. Sidewalk sales are permitted within the City Centre Planning Area from May 1st to September 21st, subject to the approval of City Council. In order to use the public right-of-way for a sidewalk sale, applicants must meet all of the terms and conditions set forth in the Terms & Conditions for a Sidewalk Sale Checklist (MOB-CHK-017) in accordance with the Sidewalk Sales Procedure (MOB-OP-037). Pursuant to s. 4.3.4 of the operating procedure MOB-OP-037, annual approval by City Council is required for all sidewalk sales.

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001

DISCUSSION:

Downtown Fredericton Inc. (“DFI”) has made application on behalf of the above-noted downtown businesses who have expressed interest in obtaining approval for a sidewalk sale for the 2016 season. DFI has indicated to staff that each merchant has the ability to satisfy all 18 terms and conditions outlined in MOB-CHK-017.

COUNCIL POLICY:

By-law No. Z-1, A By-law To Adopt a Municipal Plan for the City of Fredericton By-law No. T-4, A By-law Respecting Streets and Sidewalks Sidewalk Sales Operating Procedure – MOB-OP-037 Terms and Conditions for a Sidewalk Sale Checklist – MOB-CHK-017

FINANCIAL CONSIDERATION (Immediate Impact on Approved Budget):

No financial implications resulting from this report.

LEGAL CONSIDERATION: Whereas the sidewalk sale will occupy a portion of the public right-of-way, the application requires the operator of the sidewalk sale to provide a certificate of insurance showing proof of a comprehensive policy of public liability and property damage insurance of no less than two million dollars ($2,000,000.00) The certificate of insurance must name the City of Fredericton as an additional insured and clearly indicate that the said certificate covers the sidewalk sale operating on the exterior of the building and the portion of the sidewalk where the sale will be held. The merchants must also adhere to the terms and conditions as set out in MOB-CHK-017.

SUSTAINABILITY DUE DILIGENCE:

This initiative is supportive of the City’s overall objective in enhancing the vibrancy of the downtown. Additional economic benefits are extended to downtown merchants by enticing potential customers with goods, and attract attention within the stores.

COMMUNICATION PLAN:

A formal communications plan from the City of Fredericton is not required given adherence with the approved policies.

SPOKESPERSON:

Marcello Battilana, Manager, Community Planning

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001

OPTIONS:

Council should consider one of the following options:

1) Approve the proposed sidewalk sales for twelve (12) downtown area merchants being: Think Play/Endeavors located at 412 Queen Street, Eloise located at 69 York Street, River Valley Footwear located at 498 Queen Street, MacTavish’s Source for Sports located at 228 Queen Street, Radical Edge located at 386 Queen Street, Elle Mio Bra Fitting Boutique located at 85 York Street, Tony’s Music Box located at 396 Queen Street, Aitken’s Pewter located at 408 Queen Street, Westminster Books located at 445 King Street, Cultures Boutique located on Mazucca Lane, Tilleul located at 593 King Street and Owl’s Nest Bookstore located at 390 Queen Street subject to each merchant satisfying the prescribed terms and conditions of approval as outlined in Sidewalk Sale Procedure MOB-OP-037 and Terms & Conditions for a Sidewalk Sale Checklist (MOB- CHK-017), or

2) Provide other direction to Staff, or

3) Deny the sidewalk sale approval request.

RECOMMENDATION:

It is recommended that City Council consider the following resolution:

BE IT RESOLVED THAT the Council of the City of Fredericton hereby approves sidewalk sales from May 1, 2016 to September 21, 2016 for the following twelve (12) downtown area merchants being: Think Play/Endeavors located at 412 Queen Street, Eloise located at 69 York Street, River Valley Footwear located at 498 Queen Street, MacTavish’s Source for Sports located at 228 Queen Street, Radical Edge located at 386 Queen Street, Elle Mio Bra Fitting Boutique located at 85 York Street, Tony’s Music Box located at 396 Queen Street, Aitken’s Pewter located at 408 Queen Street, Westminster Books located at 445 King Street, Cultures Boutique located on Mazucca Lane, Tilleul located at 593 King Street and Owl’s Nest Bookstore located at 390 Queen Street subject to each merchant satisfying the prescribed terms and conditions of approval as outlined in the Sidewalk Sale Procedure MOB-OP-037 and Terms & Conditions for a Sidewalk Sale Checklist (MOB-CHK-017).

Prepared by:

______Alicia Brown, MCIP Planner Community Planning

Approved by:

______Marcello Battilana Manager Community Planning

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001

Form No.: GOV-FRM-002 Service: Community Leadership Issue No.: 1.6 Issue Date: 12/02/03 Printed On: April 22, 2016  May 25, 2001

CITY OF FREDERICTON – OPERATING PROCEDURE

PROGRAM: MOBILITY PROCEDURE NO.: MOB-OP-037

SERVICE: RIGHT-OF-WAY AND EASEMENT PAGE NO.: PAGE 1 OF 4 CONTROL ISSUE NO.: 1.1 SUBJECT: SIDEWALK SALES ISSUE DATE: 07/06/04

1. PURPOSE

The purpose of this Procedure is to facilitate the use of the public right-of-way for sidewalk sales.

2. DEFINITIONS

2.1 Sidewalk Sale: Means a commercial sale or display of goods, products, wares, merchandise, services or material related to services, any or all of which is sold or displayed on a sidewalk or public right-of-way immediately contiguous to the building/commercial premises within which the vendor has exhibited for sale products or services.

3. RESPONSIBILITY

It is the responsibility of the Manager of the Planning & Development Division of the Development Services Department to ensure this Procedure is followed.

4. PROCEDURE

4.1 Sidewalk sales are permitted within the City Centre Planning Area between May 1st and September 21st subject to the ability of each individual site meeting the terms and conditions as set out in Checklist No. TRA-CHK-017, Terms & Conditions for a Sidewalk Sale.

4.2 Due to their unique traffic situations, sidewalk sales are not permitted on Westmorland, Regent or Smythe Streets or in locations which, in the opinion of the Director of Engineering and Public Works, obstruct sightlines at an intersection or cause any operational or safety problem on the public road rights-of-way.

4.3 Application Process

4.3.1 The Development Officer provides the General Manager of Downtown Fredericton Inc. with the terms and conditions that must be met and maintained by merchants participating in the sidewalk sale program to ensure that sidewalk function is not compromised.

Printed On: April 22, 2016 © May 25, 2001 Procedure No. MOB-OP-037 Page No. 2

4.3.2 The General Manager distributes the terms and conditions to downtown merchants for their review.

4.3.3 Downtown Fredericton Inc., on behalf of its membership, provides the Development Officer with a list of businesses that are eligible to participate in the sidewalk sale program, who meet the terms and conditions.

4.3.4 The list of eligible downtown businesses is forwarded to City Council on an annual basis for approval.

4.3.5 When approved, Downtown Fredericton Inc. notifies merchants.

4.3.6 In cases where any of the prescribed terms and conditions cannot be met, a merchant may apply for an exemption.

4.3.6.1 A request for exemption to utilize the public right-of-way for a sidewalk sale that does not meet the terms and conditions may be obtained from the Development Services Department (Form No. TRA-FRM-105, Sidewalk Sale Request for Exemption From Terms and Conditions).

4.3.6.2 The completed application form is submitted to the Development Officer, along with a scale site plan indicating the location and layout of the proposed sidewalk sale. The site plan must indicate the proposed location of tables and display racks and any other accessory items, as well as identify all utility poles, fire hydrants, bus stops/shelters and other structures located within six (6) metres of the proposed sale.

4.3.6.3 Upon submission of the completed application form and the information as required in Step 4.3.4.2 above, the Development Officer reviews the application in consultation with the Director of Engineering and Public Works, to determine if the sidewalk sale can be safely accommodated.

4.3.6.4 The Development Officer notifies the applicant in writing of the decision.

4.3.6.5 If the request is approved, the Development Officer issues an exemption to the merchant by signing off Form No. TRA-FRM-105, Sidewalk Sale Request for Exemption from Terms and Conditions (the form is also signed off by the Engineering Services Division).

4.3.6.6 As well, the Development Officer notifies the Department of Engineering and Public Works, By-law Enforcement and Downtown Fredericton Inc. of the approval.

4.3.6.7 The Development Officer notifies the Parks & Trees Division if the locations of planters are impacted in a specific situation.

4.4 Sidewalk Occupancy Permit

4.4.1 Requests to occupy all or a portion of a sidewalk for purposes other than placement of a sidewalk sale are handled in accordance with Procedure No. TRA-OP-020, Sidewalk Occupancy Permits.

5. RELATED DOCUMENTATION

5.1 Bylaw No. Z-1, A Bylaw To Adopt a Municipal Plan for the City of Fredericton 5.2 Bylaw No. T-4, A Bylaw Respecting Streets and Sidewalks Procedure No. MOB-OP-037 Page No. 3

5.3 Procedure No. COR-OP-058, Customer Inquiry & Feedback 5.3 Procedure No. TRA-OP-020, Sidewalk Occupancy Permits 5.4 Checklist No. TRA-CHK-017, Terms and Conditions for a Sidewalk Sale 5.5 Form No. TRA-FRM-105, Sidewalk Sale Request for Exemption From Terms & Conditions

6. PROCEDURE CHANGES:

Issue # Issue Date Describe Change(s)

1.1 June 4, 2007 First version of the Procedure.

AUTHORIZATION: POLICY NO. MOB-POL-002, RIGHT-OF-WAY AND EASEMENT CONTROL

PREPARED BY: JENNIFER VOSS; ALEX FORBES

APPROVED BY: W. FRANK FLANAGAN, DIRECTOR OF DEVELOPMENT SERVICES

TERMS & CONDITIONS FOR A SIDEWALK SALE

The operator of the sidewalk sale must agree to abide by all terms and conditions set forth in this Form, and with any other terms and conditions assigned by the Development Officer. Failure to comply with any or all of these terms and conditions may result in the revoking of permission to operate the said sidewalk sale. The Development Officer reserves the right to require that the sidewalk sale be removed at any time.

1. Sidewalk sales are permitted within the City Centre Planning Area between May 1st and September 21st subject to the ability of each individual site meeting the terms and conditions set out in this Checklist or receiving an exemption from the Development Officer, in consultation with the Director of Engineering & Public Works, where it can be demonstrated the safety and function of the sidewalk is not compromised.

2. Due to their unique traffic situations, sidewalk sales are not permitted on Westmorland, Regent or Smythe Street or in locations, which, in the opinion of the Director of Engineering and Public Works, obstruct sightlines at an intersection or cause any operational or safety problem on the public road rights-of-way.

3. Planning/Design Requirements: Tables and/or racks must be of uniform style and design. Each operator is limited to two (2) standard .8 metre by 1.8 metre (2.5 feet by 6 feet) tables and one clothing or shoe rack for the display of merchandise. Clothing racks must be positioned vertical to the façade of the building. A solid base perimeter must be incorporated on the table to facilitate identification by visually impaired individuals.

4. Table Skirting: Tables will be required to be covered with standardized table skirting. Downtown Fredericton Inc. is responsible for providing and distributing the required skirting to the participating merchants. The table skirting is equipped with a specially designed weight system that serves as the required solid base perimeter noted in condition 3 above.

5. Barrier-Free Access: Pedestrian entrances to all buildings shall be wheelchair accessible. A 1.1 metre walkway shall be maintained, free from all obstructions, directly to the main door of the associated business.

6. Accessory Use: The sidewalk sale is considered an accessory use to the adjacent commercial/retail establishment.

7. Advertising/Signs: The use of any sign(s) is subject to the issuance of a Sign Permit and the relevant provisions of Bylaw No. Z-2, The Zoning By-law for the City of Fredericton.

8. Hours of Operation: The hours of operation of the sidewalk sale shall be between normal business operating hours, Monday - Sunday.

9. Insurance: The operator of the sidewalk sale must carry a minimum of two million dollars ($2,000,000) of public liability and property damage insurance for the operation of the sidewalk sale. The City of Fredericton is not liable for any harm or damages suffered as a result of an accident/incident of any kind within the boundaries of, or caused by, the sidewalk sale.

10. Removal: All merchandise and other structures including tables and all display racks shall be removed at the end of each business day without exception.

11. Setback from Street Corners and Alleys: Where a sidewalk sale is located at a street intersection, the retail sale area shall be set back a minimum of three (3) metres from the corner of the building located at the intersection. Where a sidewalk sale is located adjacent to a driveway or alley, the sale Checklist No. MOB-CHK-017 Page No. 2

retail area shall be set back a minimum of one and a half (1.5) metres from the corner of the building adjacent to the driveway or alley.

12. Unobstructed Sidewalk Clearance: A minimum area shall be reserved for pedestrian use not less than two and a half (2.5) metres in width and shall be for the entire width of the building. Such pedestrian areas shall be maintained free and clear of all obstructions at all times and shall allow for a continuous walkway along the entire front of the building, connecting with pedestrian walkway areas on both ends thereof.

13. Sidewalk Retail Area Locations: The sidewalk retail sale area shall not extend beyond the frontage of adjacent buildings. Retail sale displays must be located next to the building façade. Where deemed less intrusive, retail sale displays may be located within the one (1) metre strip adjacent to the curb where the street furniture and utilities are located if deemed not to interfere with the operation of the adjacent public road right-of-way. The merchant is required to submit a request for exemption if the sidewalk sale area is proposed to be located within the service strip area adjacent to the curb.

14. Enforcement: Sidewalk sales operating on a public right-of-way (sidewalk) not according to these terms and conditions is subject to various forms of enforcement which can be initiated by the Engineering and Public Works Department. Enforcement measures can include a verbal warning from authorized City personnel and/or removal of the obstructions (including tables, racks and any other item placed on the right-of-way) by City forces.

15. Fines: Sidewalk sale operators who violate these terms and conditions may be subject to potential fine of not less than fifty dollars ($50.00) to a maximum of five hundred ($500.00) (in accordance with By-law No. T-4, A By-law Respecting Streets and Sidewalks).

16. Permit Renewal: Sidewalk sale operators who violate these terms and conditions may not be eligible to participate in the program the following year.

17. Storm Water: The use of the public right-of-way shall not interfere with storm water run-off as determined by the Director of Engineering and Public Works.

18. Utility/Infrastructure Access: The Director of Engineering and Public Works and public utility agencies reserve the right of access to the sidewalk sale area for the installation, maintenance or repair of all utility infrastructure. In the event of an emergency, notice of access may not be given. For all scheduled work, every effort will be made to provide the operator with a one (1) week notice. Should access be required, sidewalk sale operation is suspended until notified.

Checklist No.: MOB-CHK-017 Service: Sidewalk Occupancy Permit Issue No.: 1.1 Issue Date: 07/06/04 Printed On: June 12, 2007  May 25, 2001