1999-02-15_Agenda Packet--Dossier de l'ordre du jouri A COMMON COUNCIL- as at February 12, '1999.
:eting called to order, 7:00 p.m., Monday, February 15, 1999 - prayer.
approval of minutes (February 8, 1999).
PUBLIC HEARINGS
3. 7:00 p.m. (a) Proposed amendment to Section 39 conditions imposed on the July 3, 1973 re- zoning of
Hilyard Place situated at 560600 Main Street, to adopt a revised sign proposal, as
requested by Design Art Signs_
(b) Report from Planning Advisory Committee re proposed amendment.
4_ 7:00 p.m_ (a) Proposed Zoning By -law amendment to re -zone a parcel of land adjacent to 18 Sussex
Drive, from "P" Park to "RM -2" High Rise Multiple Residential classification, to permit the
land to be consolidated and used in conjunction with an adjacent residential property, as
requested by the City of Saint John.
(b) Report from Planning Advisory Committee re proposed amendment.
DELEGATION
5_ 7:45 p.m. Presentation by Preservation Review Board of annual heritage awards.
6. Mayor's remarks.
*6A. Re Canadian Blood Services (Councillor Desmond).
COMMON COUNCIL
7. Re open and closed session agenda (tabled February 1, 1999).
8. Re Fort Howe, and Marsh Creek/Majors Brook (Councillor Chase).
CITY MANAGER
9. Proposed Street Closing By -Law amendment re portion of Market Square (public street).
10_ Proposed extension of water supply agreement for Musquash Watershed.
COMMON CLERK
11 _ Third reading of proposed Zoning By -law amendment to re -zone land adjacent to 570 Rothesay Avenue,
and imposing of conditions pursuant to Section 39 of the Community Planning Act (1st & 2nd readings
given February 8, 1999).
COMMITTEES
12. Committee of the Whole report (February 8, 1999) - (1) re appointment to Board of Police Commissioners
*12A. Appointments to Recreation and Parks Advisory Board and Power Commission.
13. Planning Advisory Committee re proposed subdivision, 101 Boars Head Road_
14. Preservation Review Board re salvage of bricks.
r]:1`k121 1
15. Letter from E. Neil McKelvey resigning from Greater Saint John Economic Development Commission Inc.
(Enterprise Saint John).
16. Letter from The Hardman Group Limited re recent tax increase and budget process.
17. Letter from Horst Sauerteig further to his letter re open and closed Council sessions.
P;�ge Two. COMMON COUNCIL AGENDA - as at February 12, 1999.
COMMITTEE OF THE WHOLE - 4:30 p.m.
18.4:30 p.m. - Presentation by Human Development Council re roles and activities.
19. 5:00 p.m. - Presentation by Saint John Art Advisory Board re Freedom of the City.
20. 5:30 p.m. — Presentation by Saint John Fire Fighters' Historical Society re Old #2 Engine House Museum.
21. Nominating Committee report (available Monday).
22. Re status of Saint John Sports Hall of Fame Induction Dinner (Councillor White).
23. Letter from Centre 2000 Partnership Steering Committee following up February 1 presentation.
24. Re salary scale (City Manager).
25. Re offer to purchase 3 Water Street (City Manager).
26. Re Establishment changes, Municipal Operations (City Manager).
27. Re 1999 Capital Budget (City Manager).
29. City Manager's update.
30_ Mayor's update.
3
Office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
Mr. Rick Watters
President
Design Art Signs
100 Rodney Street
Saint John, NB
E2M 1X1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E21. 41-1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
" RESOLVED that the application of Design Art Signs for an amendment
to the Section 39 conditions imposed on the July 3, 1973 re- zoning of Hilyard
Place, situated at 560 -600 Main Street, be withdrawn as requested by the
applicant."
Yours truly,
L
Mary L_ t4nford
Common Clerk
MLM:sc
City of Saint John
i 1
DESIGN • MANUFACTURE . INSTALLATION
100 RODNEY ST. CERTIFIED (506) 648 -1893
SAINT JOHN, N.B. MANUFACTURER FAX (506) 648 -1894
E2M 1X1 1- 800 - 432-66263
Feb 15, 1999
City of Saint John.
P.O. Box 1975,
Saint John N.B.
Atten: Ms. Mary Mumford
Common Clerk
Dear Ms. Mumford,
Re: _Variance Application
Hilvard Place
My client the Northrup Group Leasing has requested that
we respectfully request that our application for varience be with-
drawn at the present time.
We wish to prepare a defense for our application which
has been turned down by PAC and do not feel that we have suitable
time to effectively deal with the situation.
R �pectfully submitted,
Rick Watters
President
NEON • CANOPIES • ILLUMINATED
3
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DESIGN * MANUFAcTURE • INSTALLATION
100 RODNEY ST can (506) (48 -1893
SAINT JOHN, N_11_ FAX (506) 648-189/1
E2[vI 1X-1 1- 800-432 -6263
Feb 15, 1999
City of Saint John,
P.O. Box 1975,
SainC John N.B.
Atten- Ms. Mary Humford
Common Clerk
Dear Ms. Mumfoyd,
Re- Variance Application
Hilyard Place — --
My Client the Northrup Group Teasing has requested that-
we respectfully request that our application for varience be with-
drawn at the pzeBent time.
We wish to prepare a defense for our application which
has been turned down by PAC and do not feel that we have suitable
time to effectively dc!al with the situation,
R pectfully suhmitLed,
Vick Watters
President
' pu �'
NEON a CANOPIES - ILLUMINATED
TO _cA E68T68b9b90f;C�T sub i S lad ub. saQ W" 9Z- Zo 3n-L 7_Z- 9T -A -A
���� PROPOSED SECTION 39 AMENDMENT
RE: 560 -600 MAIN STREET (HILYARD PLACE)
Public Notice is hereby given that the Common Council of The City of Saint John
intends to consider a proposal at its regular meeting to be held on Monday, February
15, 1999 at 7:00 p.m., by:
Amending the Section 39 conditions imposed on the July 3, 1973 rezoning of
Hilyard Place, situated at 560 -600 Main Street, also identified as NBGIC # 31104
and 373225, to permit a revised proposal.
REASON FOR CHANGE: To adopt a revised sign proposal.
The proposed amendment may be inspected by any interested person at the office of
the Common Clerk, or in the office of the Community Planning, City Hall, 15 Market
Square, Saint John, N.B., between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11 120 1212 2211
Department: Common Clerk's Office
Contact: Mary Munford
Phone: 658 -2862 Fax: 658 -2802
Special Instructions (if any):
News a er
Insertion Dates
(Check as applicable)
(ETG = Evening Times Globe; T -J = Telegraph Journal)
X ETG City Information AD
Date(s): Tuesday, January 19, 1999
Tuesday, February 9, 1999
0 ETG Independent Placement Date(s):
0 ETG Classifieds Date(s):
0 T -J Independent Placement Date(s):
0 T -J Classifieds Date(s):
INFORMATION FOR AD
(Boldface anything you want Bold in Ad)
Section Headline: 0 Tender(s) Q Proposals(s) X Public Notice(s)
0 Mayor's Message 171 General Notice(s)
Sub- Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary L. Munford
Common Clerk
Contact:
Telephone: (506) 658 -2862
i#
office of the
Common Clerk
January 11, 1999
Design Art Signs
100 Rodney Street
Saint John, NB
E2M 1X1
Dear Sirs:
Mary L_ Munford P.O. Box 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 4L1
At a meeting of the Common Council, held on the 4th instant, the
following resolution was adopted, namely:-
" RESOLVED that the application of Design Art Signs for an amendment
to the Section 39 conditions of re- zoning of the property at 580 Main Street be
referred to the Planning Advisory Committee for a report and recommendation
and that the necessary advertising be authorized in this regard, with the public
hearing to be held on Monday, February 15, 1999, at 7:00 o'clock p.m."
Enclosed is a copy of the Public Notice in this regard.
Yours truly,
AX lI.
Ma nford
Mary
Common Clerk
MLM:sc
Enc
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City of Saint John
Application for Amendment to
Section 39 Resolution or Agreement
Applicant Related Information
Name of Annlicant 4 cr16 P/ Ale S 16 A'S
Mailing Address of Applicant 4"d le oA lv e 57 /+i v -
postal Code X I
Tephone Number: Business Home
Fax No.(if one) G V16-1
Name of Property Owner(if different) 1 * 2 fir
Mailing Address of Owner
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Postal Code l ��
Existing Resolution
1
Date of resolution to be amended -3
54 Location- lt.•1
Civic# Street NBGIC#
Applicants Interest in Property
Own
Lease
C�, C To
Other(explain) _ _ � .,_ GO.�. - •. •- -
What is your Proposal? DEC 221998
Note: Provide a fully dimensional drawing or plan which illustrates your proposal.
(Describe proposal in detail) �.,
in the form of a cheque or Money Order made payable to the City of
Signature of the owner must be included.
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Planning P.O. Box 1971 506 658 -2800
Advisory Committee Saint John
New Brunswick
Canada E2L 4L1
OPEN SESSION
February 10, 1999
Your Worship and Councillors:
SUBJECT: Proposed Section 39 Amendment
560 -600 Main Street ( Hilyard Place)
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City of Saint John
On January 4, 1999 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its February 9, 1999 meeting. Rick Watters of
Design Art Signs attended the meeting, together with a representative of the
property- owner, and spoke in favour of the application. Mr. Watters indicated
that the proposed freestanding sign was designed in response to the desire of
Hilyard Place tenants to increase their visibility. Therefore, the tenants would
prefer to be allowed more individual tenant panels on the freestanding sign than
the maximum of five being recommended by staff. Mr. Watters expressed
general agreement with the other proposed sign standards as recommended by
staff.
No other persons attended the meeting and no letters were received. After
considering the report and the applicant's comments, the Committee adopted the
staff recommendation.
REC0AUdENDATION:
1. That Common Council deny the application for the proposed freestanding sign
as submitted.
2. That Common Council amend the conditions imposed on the July 3, 1973
rezoning of Hilyard Place, situated at 560 -600 Main Street, also identified as
NBGIC #31104 and 373225, by incorporating the following signage standards
for the development:
Planning Advisory Committee Page 2
February 10, 1999
"Sign Standards: 560 -600 Main Street (Hilyard Place)
The following signs are permitted:
i) A freestanding sign on each frontage, each sign having a maximum
area of 20 square metres, to identify the name of the complex and up
to five tenant names;
ii) For every tenant with a separate, main external pedestrian entrance,
facia and/or canopy signs with a maximum area of 0.4 square metres
per metre of occupied building frontage;
iii) For every tenant with no separate, main external pedestrian entrance,
but occupying 900 square metres or more of the building, facia signs
with a maximum area of 9 square metres.
iv) A maximum of two directory signs, located between the main parking
lot and the building entrances, listing the name and location within the
buildings of each tenant.
v) Building identification signs (i.e. A, B, C, and D) at the size and
location existing on February 1, 1999."
Respectfully submitted,
Brian Cunningh
Chairman
RGP /r
Attachments
Community Jim Baird MCIP P.O. Box 1971 506 658 -2835
Planning Manager Saint John 506 658 -2837 (l=ax)
New Brunswick
Canada E2L 4L1
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
NBGIC:
Municipal Plan:
Zoning:
FEBRUARY 5, 1999
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING
MEETING OF FEBRUARY 9, 1999
OR M I
Design Art Signs
Haldor (1972) Ltd.
560 -600 Main Street (Hilyard Place)
31104 and 373225
Business Park
"ID" Integrated Development
City of Saint John
Proposal: To adopt a revised sign proposal, including a
new freestanding sign with tenant
advertising
Type of Application:
Section 39 Amendment
JURISDICTION OF COMMITTEE:
Common Council has requested the views of the Planning Advisory Committee
regarding the proposed amendment to the proposal. Council will consider the
Committee's recommendation at a public hearing on Monday, February 15,
1999.
Design Art Signs page 2
560 -600 Main Street (Hilyard Place) _ February 5, 1999
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council deny the application for the proposed freestanding sign
as submitted.
2. That Common Council amend the conditions imposed on the July 3, 1973
rezoning of Hilyard Place, situated at 560 -600 Main Street, also identified as
NBGIC #31104 and 373225, by incorporating the following signage standards
for the development:
"Sign Standards: 560 -600 Main Street {Hilyard Place)
The following signs are permitted:
i) A freestanding sign on each frontage, each sign having a maximum
area of 20 square metres, to identify the name of the complex and up
to five tenant names;
ii) For every tenant with a separate, main external pedestrian entrance,
facia and/or canopy signs with a maximum area of 0.4 square metres
per metre of occupied building frontage;
iii) For every tenant with no separate, main external pedestrian entrance,
but occupying 900 square metres or more of the building, facia signs
with a maximum area of 9 square metres.
iv) A maximum of two directory signs, located between the main parking
lot and the building entrances, listing the name and location within the
buildings of each tenant.
v) Building identification signs (i.e. A, B, C, and D) at the size and
location existing on February 1, 1999."
BACKGROUND:
Common Council approved the Hilyard Place development in 1973 in accordance
with the North End Renewal Scheme. The original concept limited exterior
signage to the building name only. The issue of individual tenant identification
sign was discussed at considerable length between 1973 and 1978, when approval
was given for a "sign package" which included two freestanding Hilyard Place
identification signs and directory boards in the parking lot for tenant
identification.
Design Art Signs Page 3
560 -600 Main Street ( Hilyard Place) February 5, 1999
Since 1978 a number of exterior signs have been approved through Section 39
amendments to the development scheme. Some of these amendments were
recommended by staff and/or the Committee and others were not (see Analysis for
inventory of approved signs).
INPUT FROM OTHER SOURCES:
Engineering recommends that the proposed sign not be approved. Hilyard Street
is a major east -west arterial street with a heavy traffic flow of over 20,000
vehicles per day. This sign will contain a large amount of information. It will
create a hazard as drivers attempt to read this sign from the street. The sign
visible from the street should continue to identify " Hilyard Place" only, as at
present. Tenant identification should be a lower, smaller sign in the parking lot,
small enough that it cannot be read from the street.
Building and Technical Services has no objection. A permit is required, and a
professional engineer must design anchorage.
ANALYSIS:
Proposal
The applicant, on behalf of the owner, has proposed the placement of a new
freestanding sign at the Hilyard Street entrance to the Hilyard Place complex, as
illustrated on the attached drawings. The sign would replace an existing sign that
was approved in the 1970s. The existing sign, which identifies the name of the
complex', is approximately 18 feet high, with a total sign area of approximately
80 square feet (40 square feet per side).
The proposed replacement sign has an overall height of 32 feet and a width of 8
feet, and indicates the names of up to 15 tenants in addition to the name of the
complex. The total area of the proposed new sign is 344 square feet (172 square
feet per side).
The applicant has also indicated a desire for adoption of a pre - approved standard
for future sign applications, so that new or replacement signs that conform to the
standard will not require specific amendments to the Section 39 conditions. The
' This sign, as well as the other existing freestanding sign at the comer of Main and Portland
Streets, also includes a second smaller sign identifying the Hilyard Cafes. There is no record of
approval of the Hilyard Cafd signs, although they have existed for many years.
Design Art Signs Page 4
560 -600 Main Street (Hilyard Place) February 5, 1999
applicant has suggested that all major tenants (i.e. those occupying more than
10,000 square feet of the complex) be permitted to have facia signage.
Existing Sins
The following is an inventory of existing signs and their status:
"Approved" Si ns
Freestanding "Hilyard Place" sign at the Hilyard Street entrance to the parking
lot. (This is the sign that the applicant proposes to replace.)
• Freestanding "Hilyard Place" sign at the intersection of Main and Portland
Streets.
• Two freestanding tenant directory boards located between the parking lot and
the complex, near the main entrances.
• Building identification facia signs (i.e. "A ", `B ", "C" and "D ").
• Three "CBC /SRC" facia signs on wall of Building "A" at corner of Main and
Portland Streets.
• "Westburne Nedco- Lytle - Refac" facia sign on wall of Building "CID ", facing
Tim Horton's.
Additional facia sign identifying Westburne product lines, located
immediately to the right of the "Westburne Nedco - Lytle- Refac" facia sign.
• "Coca -Cola Bottling" facia sign on wall of Building "C/D ", facing Tim
Horton's.
Two "Apex Industrial Supply Ltd." facia signs; one on wall facing Tim
Horton's and one on wall facing Hilyard Street. (These signs replaced
previously approved signage for Coca -Cola Bottling).
Other Signs (for which no evidence of approval can be found)
• Two "Hilyard Cafe" signs attached to the two approved freestanding "Hilyard
Place" signs.
Additional facia sign identifying Westburne product lines, located
immediately to the left of the "Westburne Nedco - Lytle - Refac" facia sign on
the wall of Building "C/D" facing Tim Horton's.
• Canopy with "Uniglobe" and "Century 21" over one of the secondary
entrances to Building "C ", facing the parking lot.
"Department of Veterans Affairs" facia sign on wall of Building "A" facing
the parking lot.
Design Art Signs Page 5
560 -600 Main Street (Hilyard Place) February 5, 1999
There are also a number of signs in windows, including "Minuteman Press" and
"Eastern Collection Services Ltd." and additional CBC signage. These window
signs are not regulated by the Zoning By -law, and are permitted.
Proposed New Freestanding Sign
As noted above, the proposed new sign would advertise up to 15 individual
tenants in addition to the name of the complex. The individual panels are
proposed to have dimensions of 2 feet by 8 feet for the large panels, and 2 feet by
4 feet for the smaller ones. Engineering has suggested that the large amount of
information on the proposed sign would create a hazard for vehicular traffic on
Hilyard Street, a major arterial. In addition to this safety concern, the size and
number of panels creates a cluttered appearance for the sign, which detracts from
the high quality appearance of the Hilyard Place development. Approval of the
proposed sign is not supported.
A simpler sign with no more than four or five tenant panels is recommended, as it
would have a less cluttered appearance than the proposed 15 -panel sign, and
would not require as much concentration by drivers as they pass the site on
Hilyard Street. A maximum sign size of 20 square metres (approximately 200
square feet or 100 square feet per side) would accommodate the Hilyard Place
identification and five 2 -foot by 8 -foot tenant panels.
Recommended Alternative Sign Concept
Hilyard Place contains a total floor area of approximately 120,000 square feet, of
which approximately 13,000 square feet is currently vacant. The balance of the
complex contains approximately 3 8 tenants. Five of these can be considered
"major tenants ", occupying more than 10,000 square feet of the complex
(CBC /SRC, Department of Veterans' Affairs, ICT call centre, Westburne Nedco
and Apex Industrial Supply).
The intent of the original signage scheme for Hilyard Place was to avoid a
profusion of individual tenant signs and the resulting lack of cohesiveness with
the entire development. However, amendments to permit a limited number of
individual signs have been approved on a number of occasions over the past 20
years. Some of the sign proposals were supported by staff on the basis that the
company was a major tenant and/or had its own separate entrance directly from
outside the building. This principle is based on the Zoning By -law's standards for
signs in the Shopping Centre zone.
Design Art Signs Page 6
560 -600 Main Street (Hilyard Place) February 5, 1999
The applicant has requested that a specific standard for signage be incorporated
into the approved proposal, so that a Section 39 amendment would not be required
each time a new sign or replacement sign is proposed (as long as it meets the
standard). Staff on a number of occasions in the past has suggested this.
A variation of the Shopping Centre standard is recommended for the subject site,
which has many similarities to a shopping centre development. This
recommended standard incorporates the rationale for the previously approved
signs at Hilyard Place. The concept would include a freestanding sign on each
frontage that would identify the name of the complex, but also would allow up to
5 tenant panels for identification of major or important tenants. Facia signage
would be available to tenants with their own exterior entrances, such as Nedco
Westburne, Coca -Cola and Apex Industrial Supply. In addition, any major
tenants (over 900 square metres or 10,000 square feet) that do not have their own
exterior entrances, such as CBC and the Department of Veterans Affairs, would
be allowed to have facia signage. Finally, the recommended concept also retains
the directory boards and building identification signs that were part of the original
concept.
CONCLUSION:
The freestanding sign, as proposed by the applicant, with up to 15 tenant panels
and over 32 square metres (344 square feet) of sign area, is not supported for the
reasons discussed in this report. However, a smaller sign with only a few tenant
panels (i.e. up to 5), as part of an overall sign package based on what has already
been approved for Hilyard Place and similar to the Shopping Centre standard, can
be supported.
RGP /r
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- NBGIC Number (s):
Subject Site: q "j_ __ = = 00031104
00373225
Address: 560 -600 Main Street North
Map Number: 06N --88SW
Date: January 4, 1999 Scale: N.T.S.
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Preservation Review Board
15 February, 1999
Mayor Shirley McAlary and
Members of Common Council
Subject. Presentation ofAwards
P.O. Box 1971 506 658 -2835
Saint John 506 658 -2837 (Fax)
New Brunswick
Canada E2L 4L1
City of Saint John
It is with great pleasure that the Preservation Review Board requests the
assistance of Common Council in presenting our annual Heritage Awards. These
awards recognize citizens of Saint John for their outstanding contribution to
Heritage Preservation. Recipients of this years Heritage Awards are:
• Peter Smit — Residential: 1260 Manawagonish Road;
• Greg McCollum — Commercial Storefront: 74 Prince William Street;
• Dennis Almost -- Advocate;
• New Brunswick Community College — Scholarship;
• City of Saint John Parks Department — Awareness.
In addition to the tangible results that these awards recognize, the Board believes
that efforts to increase the awareness of the benefits of sensitive rehabilitation of
our older areas, will result in great dividends for Saint John.
The Board and I look forward to celebrating Heritage Day with Common Council
and the citizens of Saint John as we continue to Build on the Past as We Develop
for Our Future.
Yours truly,
i_r
Philip Haggard
Chairman
PH:111
1,
Cite Hall P_O. Box 1971 506 658 -2800
15 Market Square Saint John
New Brunswick
Canada E2L 4L1
February 15, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
City of Saint John
Saint John, NB
Your Worship and Fellow Councillors:
�E
City of Saint John
I would like to discuss at this Common Council meeting the issue of Canadian
blood services and testing in Saint John.
Yours truly,
.7 .
G
Bernard Desmond
Councillor
City Hall P.O. Box 1971 506 658 -2800
15 Market Square Saint John
New Brunswick
Canada E21_ 4L1
FEBRUARY 1, 1999 - tabled for two weeks
and Counci-I members be provide wi-tft a
co y of the Council Agenda Review
Committee's report to Council on _._
February 17, 1997. �.oF
January 28, 1999
City of Saint John
Her Worship Mayor Shirley McAlary
and Members of the Common Council
Your Worship and Fellow Councillors:
I would like to discuss the procedure of open and closed session
as it relates to the Council agenda.
Yours truly,
Christopher T. Titus
Councillor
City Hall
15 Market Square
OPEN SESSION
January 29, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Councillors:
P.O. Boa 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 91.1
,L
City of Saint John
I move that beginning with the next regularly scheduled meeting of the Common
Council, that each and every agenda item be disseminated on the "open agenda"
as it has come to be called, and no item shall appear in what has come to be
called the "committee of the whole agenda" without having first been referred
there by Mayor and Council, acting in open session, and that the format be
established for dealing with what should become a relatively routine procedure.
Council may wish to select several items in an omnibus motion to refer down to
committee, all at once, refer item -by -item individually, as it seems necessary or,
Council may wish to establish a section of the agenda, Items to be Referred to
Committee, and thus allow any issues that may arise to be debated under that
section. This would also allow staff to make reference as to why something
should be moved down to Committee.
I recognize this will provide a necessary catalyst for change in some small way in
the manner in which agendas are set, and dealt with, and look forward to seeing
the indicated support developing on this motion.
submitted,
i
Deputy Mayor
DC /jaf
6. Open & Closed Session Procedure
94 -33 Consideration was given to a letter from Councillor Titus advising that he
Common Council would like to discuss the procedure of open and closed session as it relates to the
February 1, 1999 Council agenda.
Councillor Titus advised that his letter tied in with Deputy Mayor Chase's
letter under item 8 on the agenda of this meeting and that he did not agree with the
current process in relation to agendas for open and closed sessions of Council in that, in
his view, local government worked from the basis of everything should be open unless it
was justified to go into closed session, and suggested that even land, labour and legal
issues should not be in closed session unless justified by debate or unless Council dealt
with it and referred it.
94 -34
Compton Council
February 1, 1999
On motion of Councillor Titus
Seconded by Deputy Mayor Chase
RESOLVED that, in the future, Council
deal with all items in open session, and only deal with items in closed session after they
are referred there and after full debate or discussion on whether they belong there.
The Mayor asked that item 8 be brought forward at this time so that the
Deputy Mayor could address it.
8. Committee Of The Whole Agenda
Consideration was given to a letter from Deputy Mayor Chase proposing
that, beginning with the next regularly scheduled meeting of the Common Council, each
and every agenda item be disseminated on the "open agenda" as it has come to be
called, and no item shall appear in what has been come to be called the "committee of
the whole agenda" without having first been referred there by the Mayor and Council,
acting in open session, and that the format be established for dealing with what should
become a relatively routine procedure; and putting forth suggestions on how items could
subsequently be referred to Committee.
Deputy Mayor Chase, in noting that the proposed motion reflected what
the first paragraph of his letter proposed, also noted his two items in Committee of the
Whole on the basis that he put them on that agenda as he felt that Council members
would be more comfortable discussing them in Committee of the Whole, thus they might
have a better chance of success; however, there was nothing in them that could not be
discussed in the open agenda setting; and concurred with the Mayor's observation that,
if the above process were adopted, items referred from open session to Committee of
the Whole would be considered the following week. Councillor Chase spoke in support
of the motion, questioning how the City Manager and Mayor's updates would be
handled. The Mayor read the February 17, 1997 policy of Council adopting the
recommendations of the then Council Agenda Review Committee following which
Councillor Trites expressed the view that Council had been very much successful, for
the most part, in living with that policy, and advised that he did not support the concept
brought forward at this meeting from the point that Council has a staff who, if following
the policy, puts the appropriate things in Committee and, by the nature of the short
Committee roster that Council normally has, Council is succeeding in that, and also that,
if the motion were adopted, Council would be postponing everything for a week and
there were issues that could not be postponed for a week but could not be discussed by
the nature of the issue in public session. Councillor Fitzpatrick expressed support for the
current policy of land, legal and labour issues being on the closed session agenda,
noting that such items could be subsequently moved from there to open session, and
asked how Council could publicly discuss referral to closed session of an issue of this
nature without revealing what the intent of the issue was and where the line would be
drawn in considering referral of an issue to closed session, thus he would rather err on
putting such issues in closed session. Councillor Court, speaking in support of the
current policy, noted that Council members, having discussed an item in dosed session
and moved it to open session, have time to discuss, reflect and have a second thought
before giving final approval or disapproval to it, and suggested that Council members
needed that time frame which provides a second chance to make a point or listen to the
other side and make a final decision one way or the other. Councillor Bail expressed
support for the current policy, and Councillor White advised that, to date, he did not have
a problem with the agenda for Committee of the Whole as items on the agenda
warranted being discussed there, and he would not support a motion to change the
process being followed. Councillor Vincent, noting the delegations scheduled to make
presentations at this meeting, suggested that Council should have more time to discuss
this matter and should neither pass or defeat the proposed motion at this meeting but
should dedicate some time in open session of Council to take a closer look at the
process; and proposed a motion to table this matter for one week. Councillor Trites
seconded the tabling motion, adding to it that the individual Council members be
provided with a copy of the Council Agenda Review Committee's report leading to the
February 17, 1997 Council policy and suggesting that the tabling should be for two
weeks, whereupon the Mayor advised that other Council members wished to speak, and
the tabling motion was withdrawn. The Mayor expressed the view that Council was
being quite responsible on what items were put in Committee of the Whole, and has not
erred very much from the 1997 policy. Deputy Mayor Chase asked the procedure for
raising a point of order in that he had attempted to do so during the Mayor's comments
94 -35
Common Council
February 1, 1999
and she had not recognized him, to which the Mayor replied to the effect that, while the
Chairman would rule on a point of order, the Deputy Mayor raised his point of order
when she was speaking, suggesting that he should have waited until she finished her
comments.
On motion of Councillor Vincent
On motion of Councillor Trites
RESOLVED that the above matter be laid
on the table for two weeks and Council members be provided with a copy of the Council
Agenda Review Committee's report to Council on February 17, 1997.
Question being taken, the tabling motion was carried with the Mayor and
Councillors Ball and Fitzpatrick voting "nay ".
POLICY --
COUNCIL AGENDA
February 17,11-997
RESOLVED that as recommended by the Council Agenda Review Committee,
(1) in keeping with the Committee's belief that the citizens of Saint John
deserve the right to hear the dialogue and Councillors' input on the issues they
deal with, notwithstanding the four categories covered in recommendation (2),
all other issues be dealt with by Council in open session; (2) the issues of
land, f` bour, legal and negotiations as set out in the Committee's submitted
report be dealt with in Committee of the Whole or Legal Session; and (3)
senior staff be given the opportunity to provide teach -ins to Council on an as-
required basis, however each issue dealt with in teach -ins must be placed in
open session where full discussion, debate and voting will take place.
February 6, 1997
Her Worship Mayor Shirley McAlary
and Members of the Common Council
City of Saint John
Your Worship and Councillors:
Re: Council Agenda Review COMMittee
On Monday, February 26, 1996 our Committee submitted a detailed report
for Common Council's consideration respecting the committee's
assignment to conduct public hearings and to gather input on the matter of
which items should appear in open session versus Committee of the Whole
or Legal Session.
Council, at this meeting, basically agreed to the content of the full report
however, a resolution was made requesting the Council Agenda Review
Committee submit specific recommendations to Council for its final
approval.
The Committee has met on several occasions and as a result and in
compliance with Common Council's wishes, submits the following
recommendations.
LAND
• A proposed or pending acquisition or disposition of real or
personal property whether by purchase, sale, exchange, lease
or expropriation where discussions of same may have a
detrimental effect on the City's position in such matters.
LABOUR
• Personnel matters and personal information related to
employment.
• Labour relations, reckissification of positions, and
organizational changes which may affect individual
employees.
LEGAL
• Litigation or potential litigation, including matters before
administrative tribunals, affecting the City, including
meetings to establish the strategy for the City's position where
public discussion of same may have a detrimental effect on
the City's position in such matters.
• The consideration of legal advice given in confidence by the
City Solicitor or to the City by any outside counsel retained by
the City.
It should be noted that private legislation in the City of Saint John allows
Council to meet privately with the City Solicitor to discuss matters of a legal
nature.
NEGOTIATIONS
• Intergovernmental relations and negotiations where public
discussion of same may have a detrimental effect on the
City's position.
• A matter which if the information becomes public could
operate to the economic disadvantage of the City, including
the location, relocation, or expansion of business enterprises.
RECOADMADATIONS:
The Council Agenda Review Committee recommends
(I) In keeping with the Committee's belief that the citizens of Saint
John deserves the right to hear the dialogue and Councillors input
on the issues they deal with, notwithstanding the four categories
covered in recommendation (2), that all other issues be dealt with by
Council in open session.
(2) That the above four item areas be dealt with in Committee of the
Whole or Legal Session.
(3) The Committee recommends that senior staff be given the
opportunity to provide teach -ins to Council on an as required basis,
however, each issue dealt with in teach -ins must be placed in open
session where full discussion, debate and voting will take place.
Respec Nlly submitted,
Councillor M.A. Vincent
Chairman
Derek Chase
Deputy Mayor
90 -232
COMMON COUNCIL
FEBRUARY 26, 1996
Fire Department Rules And Recrulatlons-_Disciplins_ Code
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that Common Council
approve the Manual of Rules and Regulations and Discipline Code for the
Saint John Department, as submitted.
Question being taken, the motion was carried.
17. Council Agenda Review committee Report
Consideration was given to the report of the Council Agenda
Review Committee, which was tabled on January 29 for full discussion and
debate at this meeting, such report recommending that: (1) notwithstanding
the three areas covered under the three Ls - Land, Legal and Labour as
areas for exemption from public debate due to their very makeup, other
issues outside should be dealt with in open session of Council to afford
the citizenry the opportunity to hear the elected representatives' input
and their stand on such issues; (2) the City Manager be requested to
contact the various Council- appointed committees with a view to determining
if they foresee difficulties in having their business open to the public so
that the citizenry could be more informed on the activities of these
committees; (3) consideration be given to open session discussion by
Council when dealing with the budgetary process, possibly including the
goals and objectives being recommended by staff for the coming year and the
estimated costing or expenditures to be considered; and (4) the fifteen
numbered items within the Committee's report be addressed by Council and
positions established on each issue listed.
Councillor Vincent, Chairman of the Council Agenda Review
committee, highlighted the above report, following which Deputy Mayor Chase
and former Councillor Joseph Coughlan, members of the Committee, commented
briefly in this regard.
During discussion Deputy Mayor Chase expressed appreciation to
the Common Clerk, the City Solicitor, the City Manager and the Commissioner
of Human Resources for their input to the Committee report.
on motion of Councillor Knibb
Seconded by Councillor Ball I:1
RESOLVED that the Council Agenda
Review Committee be asked to submit for Council's consideration specific
recommendations, in order of priority, in the above regard.
Councillor Vincent proposed that the Committee would submit
recommendations based on the dialogue at this meeting, working with the
Common Clerk, the City Solicitor and the City Manager.
Question being taken, the motion was carried.
18. Environment Committee
Re Environment Award(s)
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from the
Environment Committee advising its intent to advertise for nominations for
the Committee's City of Saint John Environment Award(s) to be presented
during Environment Week June 3 to 7, 1996 -- be received and filed.
The initial motion to refer the above matter to the Nominating
Committee was changed to that above upon the Mayor's observation that, as
the Environment Committee would be looking after nominations for the Award,
the matter would not have to go to the Nominating Committee.
Question being taken, the motion was carried.
REPORT TO THE COMMON COUNCIL
OF THE CITY OF SAINT JOHN
FROM THE COMMITTEE ON COUNCIL AGENDAS
JANUARY 1996
TABLE OF CONTENTS
Establishment of Committee ..... ............................... 1
Public Hearing Process ........... ............................... 2
TheThree L's ...................... ............................... 4
Major Points Raised During Public Hearings .............. 6
Deliberations and Conclusions .. ............................... S
Recommendations.................. ............................... 9
Tablingof Report .................. ............................... 10
Acknowledgement.................. ............................... 11
Appendices:
A Notes of public hearings held April 5, April 12,
April 26 and May 3, 1995
B Written submissions and background
documentation
C Statistical analysis from City Manager
ESTABLISHMENT OF CONEMUTTEE
This Committee was established by Council on January 30, 1995 at the request
of former Mayor Higgins in an attempt to either reaffirm the existing agenda
process or to consider drafting a new process that might be more current and
up to date. I was asked to chair the Committee to address the assignment of
dealing with what issues should be discussed in Committee of the Whole or
open session and to conduct a series of public hearings providing an opportunity
for anyone who wished to offer their thoughts on the subject.
At that time Mayor Higgins also offered an opportunity for any other members
of Council who night wish to serve on this Committee to express their interest
and they would be provided the opportunity to serve.
The Committee was appointed with the unanimous support of Council and
consisted of Councillor Mel Vincent as Chairman, present Deputy Mayor Derek
Chase and former Councillor Joe Coughlan.
It was understood that once the Committee's assignment was completed it
would submit a report to Council in open session for consideration.
PUBLIC HEARING PROCESS
Public meetings were announced through the media and were held on
Wednesday, April 5th; Wednesday, April 12th; Wednesday, April 26th; and
Wednesday, May 3rd. Notes from the said public meetings are attached for
Council's information.
Persons appearing before each meeting are as follows, copies of the written
submissions being also appended to this report:
April 5, 1995 - Neal F. Leard, President
Saint John District Labour Council
then Councillor Kathy Rogers
April 12, 1995 - Charles Swanton, President
Uptown Saint John Inc.
Ross E. Mavis
- Frank Hogan
- Eric L. Teed, Q.C.
Written submissions:
Harry Gaunce, Chairman
and Stephen D. Carson, General Manager,
Enterprise Saint John
May 3, 1995 - Marlene Ross, Chairperson
River Road Action Team
Carolyn Ryan, Managing Editor
Evening Times -Globe
Don Cayo, Editorial Page Editor
Telegraph Journal
Erin Dwyer, Assistant Managing Editor
Telegraph Journal
r
WN
Ronald Barry, Assistant Managing Editor
Telegraph Journal
Glenn Allen, Editorial Page Editor
Evening Times -Globe
David Sprague, Executive Editor
Telegraph Journal and
Evening Times -Globe
Garry Prosser
Written submission:
George M. Betts, Ph.D.
Following the completion of the public hearings commenced on April 5, 1995,
and concluding on May 3, 1995, the Committee met to address the input
received.
The Committee re -examined its initial responsibility area or assignment and
from a review of the documentation it is clearly indicated the Committee struck
on January 30, 1995 at the request of former Mayor, the late Tom Higgins,
was mandated to conduct a series of public hearings providing an opportunity
for anyone who wished to offer their thoughts on the subject to come forward
and do so. The Committee has carried out that process and within the contents
of this report has indicated the input as arising from the taped proceedings.
While the number of appearances and submissions would surely have to be
classified as minimal, the Committee feels that the submissions did indicate
some specific or particular thoughts on the matter.
M
THE THREE L'S
At the onset, all members of the Committee are desirous of having Council
consider and accept that most business of Council should be conducted in open
session; that this statement should not be considered to suggest that the
Committee feels all matters coming before Council can be dealt with in public
forum. A review of the input received seems to indicate an understanding that
the so- called three "L's" are eligible for some form of exemption. The
Committee feels, however, that a necessity exists for clarification or definition
of land, legal and labour issues.
LAND
A submission in this paragraph is to be considered as criteria for discussion and
debate and should not be considered as a position established by the Committee.
Generally speaking, land issues relate to the purchase, sale or assignment of
land or land holdings that could or night be affected when dealt with through
public forum, and would include the sale or purchase of land by the City of
Saint John, the offerings or sale of land by individuals or companies where, if
dealt with in public, could alter the price or value of the land through
speculation.
The Committee points out that it should be clearly understood that its position
on the matter of land should not be considered as absolute or limited. Our
objective is to merely establish a preliminary definition which requires Council
debate before a policy is established on the land issue.
EGA
As in the above paragraph respecting land, the Committee is desirous of clearly
pointing out that the term Legal primarily applies to liability of the City of
Saint John where public discussion might adversely affect the City's liability
which might adversely affect costs, expenses, and the taxpayer.
The Committee is satisfied that there is certain business that must be dealt with
in what is now identified as Legal Session. The Committee is of the opinion
that this area is adequately dealt with at the present time and certainly requires
input from the City Solicitor and his department before a decision is reached as
to policy in this matter at the Council level.
LAB
Calling forward the two previous paragraphs, the same opening paragraphs
apply to the broad topic of labour. The Committee feels that matters affecting
employees in terms of labour negotiations, contracts, or other areas that involve
negotiations can best and most adequately be handled in private forum. That is
not to say that where mutual consent has been established some phases of the
process could not be dealt with in an open format. The Committee does feel
preliminary discussions, negotiations, etc. particularly between labour
representatives and staff can be more suitably handled in private format initially
and later dealt with in open session prior to finalization.
As a result of input received it appears the three aforementioned areas are
generally accepted as outlined. Council ought to discuss this matter, expressing
in open session its thoughts and finally reaching a decision as to acceptance of
the Committee's input regarding these three specific areas.
C
MAJOR POINTS RAISED DURING PUBLIC HEARINGS
Other significant areas that surfaced as a result of information received through
the public hearing process related to, and the Committee shall itemize them as
follows:
(1) Open session budget considerations
(2) Placing all items in open session and if necessary due to item content
moving an issue from open session to Committee of the Whole or Legal
Session should discussion arise which might require a relocation of the
topic from open session to another format.
(3) Private citizen or private group discussion with Council in Committee of
the Whole.
(4) Reluctance of a citizen to appear in open session as compared to talking
to Council in Committee.
(5) Input that the citizenry does not see or hear Council on its philosophies,
position, discussion or the stand Councillors take if business is done in
Committee as compared to open session.
(6) Should items appear in Committee, media itself and on behalf of the
public, suggest perhaps the reason why something is being discussed in
Committee could be publicly explained so as to appear that there is a
justifiable need for a topic to be in Committee rather than in open
session.
(7) Offer from the managing editor of the Times -Globe for Council to meet
with the newspaper's editorial board.
(S) Input received on special issues Council had previously dealt with such
as the Loyalist Burial Ground project, Harbour Station deficit, Saint John
Construction Association, amongst others.
(9) Council must have all information before a decision is reached; if
necessary get information during Committee of the Whole - no objection
as long as the information is then dealt with in open session.
(10) Council should not automatically meet privately with any person so
requesting.
(11) Grievances - open or closed session.
(12) Council Committees open to the public; public advised of committee
dates, places where meetings are held; Right to Information Act.
(13) Council not elected to run a business but to govern.
(14) Agendas should contain all issues to be dealt with by Council. If
technicalities arise, remove from open session to Committee or Legal
Session.
(15) Correspondence addressed to Councillors should go to Councillors.
E
DELIBERATIONS AND CONCLUSIONS
The Committee does not purport to suggest the areas dealt with in this
document reflect all of the input received but rather the Committee has
attempted to give focus to the information received through the public hearing
process by bringing forward those issues that were either mentioned more
frequently or where further documentation or further detail was presented
during the public hearing.
It is certainly this Committee's suggestion and request that before any course of
action is taken on any of the issues contained within the report, that Council be
provided an opportunity to study the report in its entirety.
It would seem prudent then that it might be Council's wish to receive this
report, be provided with sufficient time to absorb its content, and the report
then be brought back to open session for full and detailed discussion, and that
sufficient time be structured on the agenda so this could take place.
The Committee wishes to bring forward input received from representatives of
the print media, i.e. Evening Times -Globe and Telegraph - Journal as the
Committee was advised the newspaper considers itself as the local opposition to
the Council. The Committee has discussed this matter in some detail and
during the process of dealing with this report the Committee is certain this
matter will be dealt with by Council either individually or collectively.
The Committee realized that the right of the citizens to be aware of the issues
Councillors are addressing in open session is a matter of interest in various
jurisdictions in our country. The Committee had access to material from these
jurisdictions and considered their contents in the compilation of this report.
Included in the documentation appended to this report is a statistical analysis
from the City Manager indicating the number of items considered in Committee
of the Whole and open session for the period January 1 to July 31, 1995.
s
]RECOlVIlViENDAnONS
It is the Committee's belief that the citizens of Saint John deserve the right to
hear the dialogue and Councillors input on the issues they deal with,
notwithstanding the three areas covered under the three L's as being areas for
exemption from public debate due to their very makeup, that other issues
outside of the aforementioned should be dealt with in open session of Council to
afford the citizenry the opportunity to hear their elected representatives input
and their stand on such issues.
This will still afford senior staff the opportunity to provide teach -ins to Council
on an as required basis but will provide a system where debate on the issues
will occur in open session where decisions will be reached, and therefore this
Committee recommends that issues that do not fall within the purview of the
three L's be dealt with in open session.
The Committee further recommends that the City Manager be requested to
contact the various Council appointed Committees with a view to determining if
they foresaw difficulties in having the business of said committees open to the
public so that the citizenry could be more informed on the activities of the said
committees.
The Committee also recommends that consideration be given to open session
discussion by Council when dealing with the budgetary process. This might
include the goals and objectives being recommended by staff for the coming
year and the estimated costing or expenditures to be considered.
The Committee further recommends that the fifteen numbered items within this
report be addressed by Council and positions established on each issue listed.
The Committee trusts this report will be considered in its entirety and that full
discussion take place on the specific recommendations contained herein.
M
TABLING OF REPORT
Due to the extensive documentation contained within this report, which will
require time for absorption by Council, and whereas the Committee was to
present its report in open session and is so doing, we recommend that the
document be tabled to afford the opportunity for Councillors to familiarize
themselves with the contents and that the item be placed on a subsequent agenda
in open session where full deliberations could take place.
11
ACKNOWLEDGEMENT
The Committee wishes to thank those people who appeared before the public
hearing process, as well as those people who did not appear before the
committee but provided input in the committee's assignment.
Respectfully submitted,
Zouncillor' M. A. Vincent
Derek Chase
JP. Joseph Coughlan
Submitted to Common Council
January 29, 1996
Her Worship, Mayor Shirley McAlary and Members of Common Coulicil
City of Saint Jobn
PO Box 1971
Saint John NB
February 12, 1499
OPEN SESSION
Your Worship and fellow members of council=
I would like to the opportunity to discuss the following-
A) Fort Howe
With the tounst season approaching, I feel that it is quite possible to enhance the
Fort Flowc Blockhouse-
B) Marsh CreekjMajors Brook
Y recently toured this area and found significant blockages in water flow such as
discarded timber and overgrown trees,
Regards
Chase- —
i
9 REPORT TO COMMON COUNCIL
OPEN SESSION
M &C99 -41
February 15,1999
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SU13JECT
Proposed Street Closing
BACKGROUND
City of Saint john
In anticipation of a proposed development, staff believe it would be prudent to
initiate the process of closing a portion of Market Square (public street), as
generally shown on the attached plan.
RECOMMENDATION
Your City Manager recommends that Common Council authorize the publishing
of a notice of its intention to consider the passing of by -law to stop -up and close
a 612 mz f portion of Market Square (public street) as generally shown on the
attached plan.
Respectfully submitted,
?.Clau�de MacKinnon, P. Eng. mssioner
Environment & Development Services
Terrence Totten, C.A.
City Manager
19
_opp37Op2,` City Hall
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10
Office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
The Honourable Doug Tyler
Minister of Natural Resources and Energy
Province of New Brunswick
P.O. Box 6000
Fredericton, NB
E3B 5H1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 41.1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
Es
City of Saint john
" RESOLVED that as recommended by the City Manager, Common
Council (a) authorize extension, for one year, of the agreement with the Province
of New Brunswick for the purchase of water from the Musquash Watershed, and
(b) authorize the Mayor and Common Clerk to execute any documents
necessary to give effect to this resolution_"
Enclosed is a copy of the letter of renewal, duly executed on behalf of
The City of Saint John.
Yours truly,
Mary L. " Munford
Common Clerk
MLM:sc
Minister Ministrc
Natural Resources Resoources naturelles
and Energy et i2mrgic
Nouvveau � Brunswick
January16, 1998
File: 623 03 0002
Mr- Terry Totten
City Manager, City of Saint John
P.O. Box 1971
Saint John NB E2L 4L1
Dear Mr. Totten
Re: Renewal of Water Supply Agreement
The 1978 agreement for the supply of water from the Musquash watershed expired at the end of December 1998. Although
another long -term agreement is desirable, the Department of Natural Resources and Energy is not in a position to enter into
one now. The infrastructure in the Musquash watershed is aging and a flash flood this spring threatened several of the dams
in the system. The Department has engaged consultants to examine the state of the dams and related structures and to
identify operational and or physical improvements needed to ensure the safety of the system. It is our understanding that the
City has also engaged consultants to recommend a long -term sewer and water strategy. Thus it appears that the City may
also wish to hold off making a long -term commitment until this work is completed-
The Department is therefore proposing that the agreement be extended for one year under the same terms and conditions.
If you agree with the proposal please have the appropriate City Official sign below and return one copy to me as soon as
possible.
Yours very truly
DOUG T E
Minister
We hereby accept the extension of the agreement dated January 1, 1978, entered between Her Majesty the Queen in the
right of the Province as represented by the Minster of Natural Resources on the first part and the City of Saint John on the
second part, from December 31, 1998 to December 31, 1999.
Minister of Naturai'ltesour s and Energy
'f
Date: !✓.�2tGZ� / y, / 9
V
/Mayor
of the C1 of Saint Jon
YhlhlL
/-/
Clerk of
City of Saint Joh
1
Date:
Tel. / Telephone:
P. O. Sox 60oo
Case postale 6000
(506) 453 -2510
Fredericton
Fredericton
Fax / Telecopieur :
New Brunswick
Nouveau- Brunswick
(506) 453 -2930
Canada E3B 5m
Canada E3B 5H1
REPORT TO COMMON COUNCIL
M &C 99- 44
February 11, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Members of Council,
SUBJECT
Renewal of Water Supply Agreement
BACKGROUND
El
City of Saint John
In January of 1978 an agreement was signed between the City of Saint John and the
Province of New Brunswick allowing the City to draw up to 3 8 mgd of water from
the Musquash Watershed. This water is required to supplement the Spruce Lake
Watershed and, for approximately a two -month period each year, is essential in the
supply of water to industrial, domestic, and commercial users in West Saint John.
ANALYSIS
The 1978 agreement expired December 31, 1998. The Minister of Natural
Resources and Energy has approached the City offering to extend the agreement
for one year under the same terms and conditions. Any changes to the agreement
would have an impact on water rates, and recognizing that staff may be bringing
forward recommendations from the Water Strategy that could impact on the need
for water from the Musquash Watershed, staff support extending the agreement
for one year with no change in the current charge of two cents ($0.02) per
thousand gallons.
M &C99 -44
February 11, 1999
Page 2
RECOMMENDATION
It is recommended that Council:
(a) authorize extension, for one year, to the agreement to purchase water from
the Musquash Watershed, and
(b) authorize the Mayor and Common Clerk to sign any documents necessary
to give effect to this resolution.
Respectfully submitted,
Peter J. Hanlon, P.Eng.
Mangy" Water & Sewerage Services
1 / r
P. Eng.
Terrence L. Totten, C.A.
City Manager
Minister Ministre
Natural Resources Resources naturelles
and Ener9, et Energie
Nou eau Brunswick
Januaryl6, 1998
File: 623 03 0002
Mr. Terry Totten
City Manager, City of Saint John
P.O. Box 1971
Saint John NB E2L 4LI
Dear Mr. Totten
Re: Renewal of Water Supply Agreement
The 1978 agreement for the supply of water from the Musquash watershed expired at the end of December 1998. Although
another long -term agreement is desirable, the Department of Natural Resources and Energy is not in a position to enter into
one now. The infrastructure in the Musquash watershed is aging and a flash flood this spring threatened several of the dams
in the system. The Department has engaged consultants to examine the state of the dams and related structures and to
identify operational and or physical improvements needed to ensure the safety of the system. It is our understanding that the
City has also engaged consultants to recommend a long -term sewer and water strategy. Thus it appears that the City may
also wish to hold off making a Iona -term commitment until this work is completed.
The Department is therefore proposing that the agreement be extended for one year under the same terms and conditions.
If you agree with the proposal please have the appropriate City Official sign below and return one copy to me as soon as
possible.
Yours very truly
DOUG TYLE
Minister
We hereby accept the extension of the agreement dated January 1, 1978, entered between Her Majesty the Queen in the
right of the Province as represented by the Minster of Natural Resources on the first part and the City of Saint John on the
second part, from December 31, 1998 to December 31, 1999.
Minister of Nature esour s and Energy
Date: l�;� uzW-ems
Mayor of the City of Saint John
Clerk of the City of Saint John
Date:
Tel. / Telephone: P. O. Box 60oo Case postale 6000
(5o6) 453 -2510 Fredericton Fredericton
Fax / Telecopieur : New Brunsnvick Nouveau - Brunswick
(506) 453 -2930 Canada E3R 5H1 Canada E3B 5H1
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,Y
VfS /%G-R EMLtVr made in duplicate as of the Ist clay of
January, 1.978.
B E T W E E N ; HER MAJESTY THE QUEE14 IN
RIGHT OF THE PROVINCE OF
NEW URUNSWICK, -as represented
by the Minister, of Natural
Resources, (hereinafter
referred to as the "Minister,")
OF THE FIRST PART
A N D: THE CITY OF SAINT JOHN, an
incorporated City in the
Province of New Brunswick,
(her.einafter referred to as the
"City" )
OF THE SECOND PART
WHEREAS the Minister is the owner of that area in•
and' near. the City of Saint John known as the Musquash Watershed
Management Area (her.einafter referred to as the "Water.
Source ");
AND WHEREAS the City wishes to have access to the
Water. Source for the purpose of drawing water for supply by the
City to industrial., domestic and commercial users of water in
the City of Saint John;
AND WIiEREAS the Minister is prepared to Allow the
City to have access to the Water. Source to draw water up to
certain stated limits provi0ing that the City pays for such
water at a rate that will enable the Minister to recover. the
costs which properly reflect the adminisErati.ve and operational.
costs in the Water. Source over a twenty -one year period, all. of
which is more pkr.ticularly hereinafter set forth.
NOW THIS AGREEMENT WITNESSES that Lor and in
consider,atton of their respective covenants and agreements
hereinafter, contained, tho- Mini.ster. and the City covenant and
agree as follows:
i
I
I - 2 -
This agr.eenent siia).). cover the period of ti.i (Ie fro,,
the first day of January 1978 to the thirty - first day of
December., 1.998.
2. The Minister shall. allow the City to draw up to 38,
m.g.d. df water_ from the Water. Source.
3. (1) It is understood and agreed by and between the
parties hereto that the City shall. pay all. costs incurred -by
the City in drawing the water from the Water. Source and that
the Minister shall. make no contribution nor accept any
liability for_ such costs.
(2) the Minister.-shall allow the City to have access to
the Water. Source for the purpose of drawing water., which access
shall be at a point agreeable to the Minister and the City. ,
4. The City shal). pay to the Minister_ for_ water. drawn
from the Water. Source
(a) during the period beginning the lst day of
January, 19,78 and ending with the- 31st' day of
December., 1960, the sum of one and one -half cents
($0.015) per thousand gallons;
(b) during the period beginning with the l.st day of
January, 1981 and ending with the 31st day of
December, 1.983, the sum of two cents ($0.02) per
thousand gallons;
4) - 3 -
( c) during the Per. i.oci bey i.nni.ng with the l.st clay of
January, 1.984 and ending with the termination of the
term of this agreement, the amount per thousand
gallons that may be determined from time to tinge in
accordance with section 5 of this agreement. I
5. ( 1) The Mi.nist�r and the City shall, not later than the
l.st day of June, 1983, enter into negotiations for the
determination of the sure per thousand gallons of water_ drawn
from the Water. Source by the City that shall. be paid by the
City to the Minister_ during the five year period beginning with
the first day of January, 1.984.
(2) Where the I•li_nister. and the City.do not agree on the
sum per thousand gallons to be paid by the City to 'the Minister
on or before the 31st day of October., 1.983, then the
determination of that sum shall. be put 'to binding arbitration
in accordance with an arbitration agreement drawn at that
time.
(3) An arbitration agreement under. subsection (2) shall.
provide
(a) that the arbitration is binding on both
par. ties;
0
(b) that the arbitration shall be ,before not fewer_
than 3 arbitrators;
(c) that the subject matter of the arbitration shall
be the amount per thousand gallons to be paid by the
City to the Minister_ to meet the provisions of
section 7;
s
I
off
0
'r
(d) that the ter.l.ts of this agreement, insofar . as it
establishes criteria for determining the rate to be
paid shall be fol.l.owed;
(e) that the costs of the arbitration shall be
shared equally between the Minister and the City;
and
( f ) that a decision shall. be made and handed down on
or before the 31st day of December., 1983.
6. The provisions of subsections (1), (2) and (3) of
section 5 shall apply to the .Following periods mutatis
. 1
(a) the five year period beginning with 1 January
1984;
(b) the five year period beginning with 1 January
1989; and
( c) the five year period beg inning with 3. January
1994.
7. It is understood and agreed by and bet.wecn the
parties hereto that the Minister, dur ing the term of this
agreement, shall recover, in the fora of charges to the City '
for water_ drawn from the Water Source, those amounts expended
on the administration and operation of the Mater. Source
including the costs of insurance, administrative costs directly
attributable to the daily operations of the Water Source and
all repair and maintenance costs but not capital replacement!
,costs, less the revenue, if any, derived by the Minister, from
the New Brunswick Electric Power. Commission arising out of the
operation of the Musquash Power Generating Station.
The City shall pay for the water drawn from the Water.
.Source at the rate hereinl)e[ore see: forth on annual. hc1Sis in
e,I(-ll }/h e1 T' 1)[!(j i nt) i nq +.11 111 1:111? 3 1 '.i t. (1:!V
!,ZTrrh , 3979.
- 5
(2) Payments 51101,3. be made to the Mi.ni,ster, at hi.s office
in the City of Fredericton.
9. (l.) , The City shall., at the expense of the City, install,
maintain, repair and operates, at' a location acceptable to the
Minister, sufficient water flow neter.s for the i
purpose of
determining the volume of water drawn from the Water. Source by
the City.
(2) The City shall, allow the Minister access to the water
meters on reasonable notice.
(3) The City shall, on or before the 31st day of
December in each year, conduct calibration tests satisfactory
to the Minister. on the water. meters.
(4) The City shall forward a water flow chart to the
Minister, each month during the term of the agreement.
10. (l.) The Minister_ does not give !any .warranty or guarantee
as to the quality of the water made available.
(2) If filtration or treatment of water_ is required, it
shall be at the cost of the City.
1l. In this agreement
(a) ! "m.d.g." means mi.l.].i.ons gallons per day Imperial
measure; and
0 - -6_
(b) "Musquash
Watershed" means
that area of
land
and water, owned
by the I.Iinister
including that which
contains waters
which drain into
the East and
West
Musquash River,
systems and those
systems down
strean
to the East and
West Musquash main Power dam
in t}1e
Province of New
Brunswick.
12• This agreement shall enure to the benefit of the
Parties hereto and their, successors and assigns.
IId WITNESS WHEREOF the parties hereto have caused
these presents to be signed and sealed by their proper officers
as of the day and year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of;
r�
HER MAJESTY TGE QUEEN IN
RIGHT OF THE PROVINCE OF
NEW BRUNSWICK
I�1in'st .r_ of Natur_aJ. Itesour.ces
THE CITY OF SA IUT JOU N
In
1,4
Mayor.
C erk
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0000 442 20 10
Department: Common Clerk's Office
Contact: Mary Munford
Phone: 658 -2862
Fax: 658 -2802
Special Instructions (if any):
iC
Newspaper Insertion Dates
(Check as applicable)
(ETG = Evening Times Globe; T -J = Telegraph Journal)
ETG City Information AD
Date(s): Tuesday, March 16, 1999
ETG Independent Placement Date(s):
ETG Classifieds Date(s):
T -J Independent Placement Date(s):
T -J Classifieds Date(s):
INFORMATION FOR AD
(Boldface anything you want Bold in Ad)
Section Headline: 171
Tender(s)
I
Proposals(s) X Public Notice(s)
Q
Mayor's Message
71
General Notice(s)
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary L. Munford
Common Clerk
Contact:
I Telephone: (506) 658 -2862
ENACTED BY -LAWS
Public Notice is hereby given that the following by -laws enacted by the Common
Council of The City of Saint John have been approved by the Minister of Municipalities
and Housing if required, and have been filed in the Office of the Registrar of Deeds in
and for the County of Saint John and became effective on the dates noted below,
namely:
DATED FILED
1. A Law To Amend The Municipal Plan By -law January 29, 1999
(amending Schedule 2 -A re 899 Somerset Street)
2. By -law Number C.P. 100487 A Law To Amend The January 29, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 899 Somerset Street)
3. By -law Number C.P. 100 -489 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re Proud Road)
4. By -law Number C-P. 100 -490 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 205 -207 Loch Lomond Road)
5. By -law Number C.P. 100 -491 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 304 Lawrence Long Road)
6. By -law Number C.P. 100 -492 A Law To Amend The March 1, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re land adjacent to 570 Rothesay
Avenue)
7. By -law Number C.P. 100 -493 A Law To Amend The March 1, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re land adjacent to 18 Sussex Drive)
office of the Mary L. Munford
Common Clerk Common Clerk
P.O. Sox 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
March 3, 1999
City of Saint John
Mr. G. Carl Brown
Imperial Oil
P.O_ Box 1010
Dartmouth, N.S.
B2Y 4R1
Dear Sir:
Re: land adjacent to 570 Rothesay Avenue
Enclosed is a copy of an amendment to the Zoning By -law of the City of
Saint John with respect to the above property.
Pursuant to the provisions of the Community Planning Act, the By -law
was filed in the Registry Office on March 1, 1999 and became effective
on that date.
Yours truly,
Ma ry L. "Munford /
Common Clerk
M LM /jaf
encl.
cc: Jim Baird, Manager, Community Planning
William Edwards, Building Inspector (Section 39 Resolution)
PENDING
REZONING AND SECTION 39 RESOLUTION
PROPERTY LOCATION: - CID 100 -492 570 Rothesay Avenue
SUBJECT: Amend Zoning By -Law and Section 39 Resolution
REGISTRY OFFICE:
- * *certify 2 copies of Rezoning By -law Amendment - letter size
- attach "A" (signed copy of By -law)
- attach the street map (which is part of the By -law
- * *attach "B" the resolution from Council - single spacing
- * *certify 2 copies of the Section 39 Resolution - legal size, incl. owner's name
- * *attach "A" (resolution from Council) - single spacing
** margins for these documents only - 2" top margin, 1.5" side margins
Legal Department will file the By -law, returning 1 copy to Common Clerk's Office
and Register the Resolution, returning 1 copy to Common Clerk's Office
COPIES TO JOHN NUGENT: - February 18, 1999
Copy to -
- Applicant - copy of By -law and all attachments
- cc: J. Baird - copy of By -law and all attachments
- cc: W. Edwards copy of Resolution and attachment
BY -LAW NUMBER C.P. 100 -492
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by the City of Saint John in Common Council convened, as follows:
The Zoning By -law of the City of Saint John, enacted on the fourteenth day of
November, A.D. 1983, is amended by:
Amending Schedule "A", the Zoning Map of the City of Saint John, by re- zoning a
parcel of land located at the intersection of McAllister Drive and Golden Grove
Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110
feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister
Drive, and an area of approximately one -half acre, also identified as being a
portion of NBGIC Number 55102768, from "P" Park to "B -2" General Business
classification, pursuant to a resolution adopted by the Common Council under
Section 39 of the Community Planning Act
- all as shown on the plan attached hereto and forming part of this By -law.
IN WITNESS WHEREOF the City of Saint John has
caused the Corporate Common Seal of the said
City to be affixed to this by -law the fifteenth day of
February A.D. 1999 and signed by_
all & C_
Aayor, me er o o c i w o pre a t e
whX h it was enacted; and
•
First Reading - February 8, 1999
Second Reading - February 8, 1999
Third Reading - February 15, 1999
COMMUNITY PLANNING
REZONING
AMENDING MAP SHEET 143 SCHEDULE "A" OF THE ZONING
BY -LAW OF THE CITY OF SAINT JOHN
- - - -_ - PR'yCESS COURT
O
- -- - TIM STR v
- EE7
r
RpV
FROM TO
'1
P Park - B -2 General Business
* Pursuant to a Resolution Under Section 39 of the Community Planning Act
Applicant: Imperial Oil Ltd.
Date Drn.: February 11, 1999
Location: Land Adjacent to 570 Rothesay Ave.
Drn. By: T. Duke
Recommended by P.A.C.: December 22, 1999
File No.: 07P -02SW
Enacted by Council:
55102768 (part of)
Filed in Registry Office:
Office of the
Common Clerk
February 22, 1999
Mr. G. Carl Brown
Imperial Oil
P.O. Box 1010
Dartmouth, NS
B2Y 4R1
Dear Sir:
Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 41-1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely : -
City of Saint John
" RESOLVED that the by -law entitled, "By -Law Number C. P. 10d -492 A
Law To Amend The Zoning By -law Of The City of Saint John ", insofar as it
concerns re- zoning a parcel of land located at the intersection of McAllister Drive
and Golden Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of
approximately 110 feet on Golden Grove Road, a frontage of approximately 150
feet on McAllister Drive, and an area of approximately one -half acre, also
identified as being a portion of NBGIC Number 55102768, from "P" Park to "B -2"
General Business classification, be read a third time and enacted and the
Corporate Common Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community
Planning Act, the said re- zoning be subject to the following conditions: (a) the
use of the re -zoned area is limited to a car wash facility in conjunction with the
use of the adjacent property; (b) access to the re -zoned area must be from the
adjacent property, and there shall be no direct driveway access to the site from
McAllister Drive or Golden Grove Road; (c) all parking areas and vehicle
maneuvering areas must be paved with asphalt and enclosed by cast -in -place
concrete curbs; (d) all areas of the site not occupied by buildings, structures and
vehicular areas must be landscaped, and the landscaping must extend onto the
City street rights -of -way to the edge of the street curb /sidewalk; (e) adequate site
drainage facilities must be provided by the proponent of the development in
accordance with a detailed drainage plan, prepared by the proponent and subject
BY -LAW NUMBER C.P. 100 -492
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by the City of Saint John in Common Council convened, as follows:
The Zoning By -law of the City of Saint John, enacted on the fourteenth day of
November, A-D. 1983, is amended by:
1. Amending Schedule "A", the Zoning Map of the City of Saint John, by re- zoning a
parcel of land located at the intersection of McAllister Drive and Golden Grove
Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110
feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister
Drive, and an area of approximately one -half acre, also identified as being a
portion of NBGIC Number 55102768, from "P" Park to "B -2" General Business
classification, pursuant to a resolution adopted by the Common Council under
Section 39 of the Community Planning Act
- all as shown on the plan attached hereto and forming part of this By-law-
First Reading February 8, 1999
Second Reading February 8, 1999
Third Reading -
IN WITNESS WHEREOF the City of Saint John has
caused the Corporate Common Seal of the said
City to be affixed to this by -law the day of A.D.
1999 and signed by:
e member of ounce who presided at e
meeting at which it was enacted; and
ommon Clerk
AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-
zoning be subject to the following conditions: (a) the use of the re -zoned area is limited
to a car wash facility in conjunction with the use of the adjacent property; (b) access to
the re -zoned area must be from the adjacent property, and there shall be no direct
driveway access to the site from McAllister Drive or Golden Grove Road; (c) all parking
areas and vehicle maneuvering areas must be paved with asphalt and enclosed by cast -
in -place concrete curbs; (d) all areas of the site not occupied by buildings, structures and
vehicular areas must be landscaped, and the landscaping must extend onto the City
street rights -of -way to the edge of the street curb /sidewalk; (e) adequate site drainage
facilities must be provided by the proponent of the development in accordance with a
detailed drainage plan, prepared by the proponent and subject to the approval of the
Chief City Engineer; (f) the site shall not be developed except in accordance with a
detailed site plan and building elevation plans, to be prepared by the proponent of the
development and subject to the approval of the Development Officer, indicating the
location and characteristics of all buildings, structures, parking areas, vehicle
maneuvering areas, landscaped areas, signs and exterior lighting; (g) no building permit
shall be endorsed by the Development Officer, except site preparation or foundation,
until the required site plan, drainage plan and building elevation plans are approved; and
(h) all improvements shown on the approved site plan, drainage plan and building plans
must be completed no later than one year from the date of approval of the building
permit for the development
DRAFT (1 st reading tabled at January 4, 1999 public hearing)
BY -LAW NUMBER C.P. 100 -
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by the City of Saint John in Common Council convened, as follows:
The Zoning By -law of the City of Saint John, enacted on the fourteenth day of
November, A.D. 1983, is amended by:
1 _ Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a
parcel of land located at the intersection of McAllister Drive and Golden Grove
Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110
feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister
Drive, and an area of approximately one -half acre, also identified as being a
portion of NBGIC Number 55102768, from "P" Park to "B -2" General Business
classification, pursuant to a resolution adopted by the Common Council under
Section 39 of the Community Planning Act
- all as shown on the plan attached hereto and forming part of this By -law.
IN WITNESS WHEREOF the City of Saint John has
caused the Corporate Common Seal of the said
City to be affixed to this by -law the day of A.D.
1999 and signed by:
e member of ounce who presiaed—a-FtHe
meeting at which it was enacted; and
Common Clerk
First Reading
Second Reading
Third Reading
94 -5
COMMON COUNCIL
JANUARY 4, 1999
4(a) Zoning By -Law Amendment To Re -Zone
Land Adjacent To 570 Rothesay Avenue
The Common Clerk advised that the necessary advertising was
completed with regard to the proposed re- zoning of a parcel of land located at the
intersection of McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay
Avenue, having a frontage of approximately 110 feet on Golden Grove Road, a frontage
of approximately 150 feet on McAllister Drive, and an area of approximately one -half
acre, also identified as being a portion of NBGIC Number 55102768, from "P" Park to "B-
2" General Business classification, to place the site in the same zoning category as the
adjacent service station located at 570 Rothesay Avenue, and permit the development of
a car wash facility in conjunction with redevelopment of the service station property, as
requested by Imperial Oil (G. Carl Brown), and no written objections were received in
this regard.
4b
Consideration was given to a report from the Planning Advisory
Committee submitting a copy of Planning staffs reports considered at the Committee's
November 24, 1998 and December 22, 1998 meetings, the Committee having tabled the
application at the November 24 meeting in order to provide the applicant an opportunity
to address traffic concerns through a revised proposal which, including deletion of the
proposed Tim Horton's drive - through restaurant from the development and other
adjustments to the site layout, was considered at the Committee's December 22
meeting. The report comments on presentations to the Committee by Carl Brown, Real
Estate Manager for Imperial Oil Ltd. (Atlantic Division) in agreement with the staff
recommendation in the December 18, 1998 report to the Committee, and by Peter
Bardsley, the owner of the neighbouring Three Mile Pub and Steakhouse, against the
proposal; advises that, after considering the reports, presentations and other written
submissions, the Committee adopted the recommendation in the staff report dated
December 18, 1998; and recommends that Common Council re -zone a parcel of land
located at the intersection of McAllister Drive and Golden Grove Road, adjacent to 570
Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road,
a frontage of approximately 150 feet on McAllister Drive, and an area of approximately
one -half acre, also identified as being a portion of NBGIC Number 55102768, from "P"
Park to "B -2" General Business classification, subject to a resolution pursuant to
Section 39 of the Community Planning Act setting out the following conditions: (a) the
use of the re -zoned area is limited to a car wash facility in conjunction with the use of the
adjacent property; (b) access to the re -zoned area must be from the adjacent property,
and there shall be no direct driveway access to the site from McAllister Drive or Golden
Grove Road; (c) all parking areas and vehicle maneuvering areas must be paved with
asphalt and enclosed by cast -in -place concrete curbs; (d) all areas of the site not
occupied by buildings, structures and vehicular areas must be landscaped, and the
landscaping must extend onto the City street rights -of -way to the edge of the street
curb /sidewalk; (e) adequate site drainage facilities must be provided by the proponent of
the development in accordance with a detailed drainage plan, prepared by the proponent
and subject to the approval of the Chief City Engineer; (f) the site shall not be developed
except in accordance with a detailed site plan and building elevation plans, to be
prepared by the proponent of the development and subject to the approval of the
Development Officer, indicating the location and characteristics of all buildings,
structures, parking areas, vehicle maneuvering areas, landscaped areas, signs and
exterior lighting; (g) no building permit shall be endorsed by the Development Officer,
except site preparation or foundation, until the required site plan, drainage plan and
building elevation plans are approved; and (h) all improvements shown on the approved
site plan, drainage plan and building plans must be completed no later than one year
from the date of approval of the building permit for the development.
Peter Bardsley of 18 Forrester Drive, Quispamsis, owner of the property
94 -7
COMMON COUNCIL
JANUARY 4, 9999
could not operate as it now stood efficiently and effectively very much longer. Mr.
Vincent expressed the view that the traffic situation would be worse than it now was if
the project were turned down and Imperial decided to do nothing in view of the potential
dangerous situations created by the wider entrances into the facility off both McAllister
Drive and Rothesay Avenue which Imperial Oil proposed to correct, and there would be
much more ease of access to and from the facility; and advised that, as a business
person, he did not want the project to be delayed any longer.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the by -law to amend the
Zoning By -Law of the City of Saint John, insofar as it concerns re- zoning a parcel of land
located at the intersection of McAllister Drive and Golden Grove Road, adjacent to 570
Rothesay Avenue, having a frontage of approximately 110 feet on Golden Grove Road,
a frontage of approximately 150 feet on McAllister Drive, and an area of approximately
one -half acre, also identified as being a portion of NBGIC Number 55102768, from "P"
Park to "B -2" General Business classification, pursuant to Section 39 of the Community
Planning Act as recommended by the Planning Advisory Committee, be read a first time.
Councillor Trites advised that he could not support first reading at this
point in time in view of his concern about traffic patterns and traffic plans and, in
response to his question on the status of the Transportation Study, Mr. Groody advised
that the Technical Steering Committee that works with the consultant has received a
draft of the report and it was expected that, within the next four or five weeks, the
consultant would present the final version to Council which, he assumed, would be
referred to the City Manager for follow -up recommendations.
On motion of Councillor Trites
Seconded by Councillor Ball
RESOLVED that the above matter be laid on
the table until Council has an opportunity to review the Transportation strategy.
Question being taken, the tabling motion was carried with the Mayor and
Councillors Court, Desmond and Titus voting "nay ".
In response to the Mayor's indication that the above matter could be
tabled for six to nine months awaiting the Transportation Study, Councillor Trites, on a
point of order, noted that Mr. Groody had indicated that he did not think it would be
anywhere near that time.
(Deputy Mayor Chase withdrew from and Councillor Vincent re- entered
the meeting.)
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40 Alderney Drive, 6th Floor
Dartmouth, N.S. B2Y 4R1
Phone: !9021420 -6911
Fax: (902)420 -6905
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PROPOSED ZONING BY-LAW AMENDMENT
Public Notice is hereby given that the Common Council of The City of Saint John
intends to consider amending the City of Saint John Zoning By -law at its regular
meeting to be held on Monday, January 4, 1999 at 7:00 p.m., by:
RE: 28 RICHMOND STREET pry^
Rezon' a parcel of land located at 28 Richmond Street, having an area of
approximately 3,036 square metres (32,680 square feet), also identified as being
NBGIC #1279, from "IL -1" Neighbourhood Institutional to 1113-2" General
Business.
REASON FOR,CHANGE: To permit the use of the building for office, dental
assisting school and other commercial businesses.
B. RE: CHANGES TO THE UNSERVICED RESIDENTIAL LOT STANDARDS
1. Amending Section 110(3)(a) by replacing "5,400 square metres" with "5,350
Amending square metres."
2. Amending Section 110(3)(b) by replacing "60 metres" with "59 metres."
3. Amending Section 111(3)(a) by replacing "5,400 square metres" with "5,350
square metres."
4. Amending Section 111(3)(b) by replacing "6Q metres" with "59 metres."
5. Amending Section 120(2)(a)(i) by deleting the "existing unserviced lot area
standards and adding the following: "Unserviced,...... 5,350 square metres."
6. Amending Section 120(2)(b)(i) by deleting the existing unserviced lot width
standards and adding the following: "Unserviced 59 metres."
7. Amending Section 121(2)(a)(i) by deleting the existing unserviced lot area
standards and adding the following: "Unserviced ...... 5,35,0 square metres."
8. Amending Section 121.(2)(b)(i) by deleting the existing unserviced lot width
standards and adding the following: "Unserviced ...... 59 metres."
9. Amending Section 140(2)(a) by replacing "5,000 square metres" with "5,350
square metres."
10. Amending Section 140(2)(b) by replacing "60 metres" with 059 metres."
11. Amending, Section 140(2)(c) by replacing "40 metres" with "38 metres."
12. Amending Section 730(2)(a) by replacing "4,000 square metres" with "5,350
square meters."
13. Amending Section 730(2)(b) by replacing "54 metres" with "59 metres."
REASON FOR CHANGE: To establish uniform standards for the creation of
Z_ unserviced residential lots.
RE: LAND ADJACENT TO 570 ROTHESAY AVENUE
(Corner of McAllister Drive and Golden Grove Road)
Rezoning a parcel of land located at the intersection of McAllister Drive and Golden
Grove Road, adjacent to 570 Rothesay Avenue, having a frontage of approximately 110
feet on Golden Grove Road, a frontage of approximately 150 feet on McAllister Drive,
and an area of approximately one -half acre, also identified as being a portion of NBG1C
#55102768, from "P" Park to "B -2" General Business, as illustrated below.
(INSERT MAP)
REASON FOR CHANGE: To place the site in the same zoning category as the
adjacent service station located at 570 Rothesay Avenue, and permit the
development of a car wash facility in conjunction with redevelopment of the
service station property.
The proposed amendment maybe inspected by any interested person at the office of
the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market
Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday, inclusive, holidays excepted.
Written objections to the amendment,-- may be sent to the undersigned at City Hall.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11 120 1212 2211
Department: Common Clerk's Office
Contact: Mary Munford
Phone: 658 -2862 Fax: 658 -2802
Special Instructions (if any):
X
O
Newspaper Insertion Dates
(Check as applicable)
(ETG = Evening Times Globe; T -J = Telegraph Journal)
ETG City Information AD
Date(s): Tuesday, December 8, 1998
Tuesday, December 29, 1998
ETG Independent Placement Date(s):
ETG Classifieds Date(s):
T -J Independent Placement Date(s):
T -J Classifieds Date(s):
INFORMATION FOR AD
(Boldface anything you want Bold in Ad)
Section Headline: 0
Tender(s)
173
Proposals(s) X Public Notice(s)
L71
Mayor's Message
173
General Notice(s)
A
Office of the Mary L. Munford
Common Clerk Common Clerk
Y.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
•rhl!, �t•
December 3, 1998
City of Saint John
Mr. G. Carl Brown
Imperial Oil
P.O. Box 1010
Dartmouth, NS
B2Y 4R1
Dear Sir:
At a meeting of the Common Council, held on November 30, 1998, the
following resolution was adopted, namely:-
" RESOLVED that the report from the City Manager advising that the
Planning Advisory Committee tabled the application for the proposed re- zoning of
property adjacent to 570 Rothesay Avenue, located at the corner of McAllister
Drive and Golden Grove Road, for which the public hearing was scheduled for
this meeting of Common Council and that, under Common Council policy, the
November 30, 1998 public hearing will be cancelled and a new public hearing will
be scheduled -- be received and filed and a new public hearing be scheduled for
Monday, January 4, 1999, at 7:00 o'clock p.m."
Enclosed is a copy of the Public Notice in this regard.
Yours truly,
Mary L. unford
Common Clerk
MLM:sc
Enc.
REPORT TO COMA /ION COUNCIL
-- q
OPEN SESSION
M &C -98 -370 Fngf
November 25, 1998
City of Saint John
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Rezoning of Land Adjacent to 570 Rothesay Avenue
(Corner of McAllister Drive and Golden Grove Road)
On October 19, 1998, Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The public hearing was
scheduled for Monday, November 30, 1998.
The Planning Advisory Committee considered a detailed report at its November
24, 1998 meeting, and heard presentations from both the applicant and an adjacent
property- owner. In addition, the Committee had a number of questions and
concerns about the traffic impact of the applicant's proposal.
After considering the report and presentations, the Committee decided to table the
application in order to provide the applicant an opportunity to address the traffic
concerns through a revised proposal.
Under Common Council's new policy, the November 30, 1998 public hearing will
be cancelled and a new public hearing will be scheduled for a later date.
RECOMMENDATION:
It is recommended that a new public hearing be scheduled for January 4, 19", .
Resp6eAfully submitted,
-
Ann R. Baird, MCIP Terrence Totten, CA
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Manager City Manage
Community Planning
Office of the Mary L. Munford
Common Clerk Common Clerk
October 29, 1998
Mr. G. Carl Brown
Imperial Oil
P.O. Box 1010
Dartmouth, NS
B2Y 4R1
Dear Sir:
P.O_ Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
At a meeting of the Common Council, held on October 26, 1998, the
following resolution was adopted, namely:-
City of Saint John
"RESOLVED that the application of Imperial Oil (G. Carl Brown) for the
re- zoning of property at the corner of McAllister Drive and Golden Grove Road be
referred to the Planning Advisory Committee for a report and recommendation
and the necessary advertising be authorized in this regard, with the public
hearing to be held on November 30, 1998 at 7:00 o'clock p-m."
Enclosed is a copy of the Public Notice in this regard.
Yours truly,
P(vko f4�,
Constance Mosher
Assistant Common Clerk
CM:sc
Enc.
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Office of the Mary L. Munford
Common Clerk Common Clerk
October 8, 1998
Mr. G. Carl Brown
Imperial Oil
P.O. Box 1 010
Dartmouth, NS
B2Y 4R1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 41, 1
At a meeting of the Common Council, held on the 5th instant, the
following resolution was adopted, namely:-
WM
"RESOLVED that application of Imperial Oil (G. Carl Brown) for the re-
zoning of property on the corner of McAllister Drive and Golden Grove Road be
laid on the table for two weeks."
Yours truly,
Mary L. unford
Common Clerk
MLM:sc
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City of Saint John
2-0 Application for a Zoning By -law Amendment
Applicant Related Information
Name of Applicant IMPERIAL OIL ( G. CARL BROWN }
Mailing Address of Applicant P.O. BOX 1010
DARTMOUTH, NOVA SCOTIA Postal Code B2Y 4R1
Telephone Number Home 902 - 463 -7212 Business 902 - 420 -7392
Fax Number (if any 902 - 420 -6905 _
Name of Property Owner (if different) SAME
Mailing Address of Owner
Postal Code
Property Information
Location CORNER OF MCALLISTER & GOLDEN GROVE RD. Pa,fi ¢{ S _l027 ?)
Civic# Street NBGIC#
APPROXIMATELY GOLDEN GROVE RD. 33m / 108 ft.
Lot Area 1737 S .M. 18697S .FT trees Frontage MCALLISTER 46m / 151 ft.
Existing Use of Property PARKING
Municipal Plan Land Use Designation Set y i c P_ Coc id o r
Amendment Requested
Present Zoning P - PARK
C Change Zoning to B - 2
and /or
O Text Amendment (indicate particulars)
Ilfr._,C . i t
COMMON CLU X OFFICE
Sfp.� 281998
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Planning
Advisory Committee
OPEN SESSION
December 23, 1998
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
city of saint John
SUBJECT: Proposed Rezoning
Land Adjacent to 570 Rothesay Avenue (Corner of McAllister
Drive and Golden Grove Road)
On October 19, 1998 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached reports at its November 24, 1998 and December 22, 1998
meetings. The Committee had tabled the application at its November 24d` meeting
in order to provide the applicant an opportunity to address the traffic concerns
through a revised proposal. The revised proposal, which includes deletion of the
proposed Tim Horton's drive- through restaurant from the development and other
adjustments to the site layout, was considered at the Committee's December 22nd
meeting.
Mr. Carl Brown, Real Estate Manager for Imperial Oil Ltd. (Atlantic Division)
attended both meetings on behalf of the applicant. Mr. Brown expressed
agreement with the recommendation in the staff report dated December 18, 1.998,
and indicated his willingness to work with staff and the neighbouring property-
owner to ensure the site is developed property.
Mr. Peter Bardsley, the owner of the neighbouring Three Mile Pub and
Steakhouse, attended both meetings and spoke against the proposal. Mr.
Bardsley's concerns included traffic impacts and on -site vehicle circulation, the
effect of the development on the value of his property, and the consideration of
the application by the City in advance of completion of the City's Transportation
Strategy. In support of the latter concern, Mr. Bardsley submitted the attached
excerpt from the proceedings of the New Brunswick Legislature containing, on
pages 3 and 4, continents made by the Minister of Transportation on December
18, 1998 in this regard.
Planning Advisory Committee Page 2
December 23, 1998
Mr. Bardsley also submitted a letter (copy attached) that he had received from the
Province, indicating that the Province intends to make improvements to the
highway system in this area. Staff clarified that this letter is in. relation to
replacement of the Marsh Creek bridge on Rothesay Avenue, and that the City is
aware of this project.
Mr. Mel Vincent, the operator of the Esso service station, was in attendance at the
December 22nd meeting. Mr. Vincent spoke in favour of the proposal and
expressed agreement with the recommendation concerning the revised proposal.
No other persons addressed the Committee with respect to the application, and no
letters were received.
After considering the reports, presentations and other written submissions, the
Committee adopted the recommendation contained in the attached staff report
dated December 18, 1998.
RECOMMENDATION:
That Common Council rezone a parcel of land located at the intersection of
McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue,
having a frontage of approximately 110 feet on Golden Grove Road, a frontage of
approximately 150 feet on McAllister Drive, and an area of approximately one -
half acre, also identified as being a portion of NBGIC #55102768, from "P" Park
to `B -2" General Business, subject to a resolution pursuant to Section 39 of the
Community Planning Act setting out the following conditions:
a) The use of the rezoned area is limited to a car wash facility in conjunction
with the use of the adjacent property;
b) Access to the rezoned area must be from the adjacent property, and there
shall be no direct driveway access to the site from McAllister Drive or
Golden Grove Road;
c) All parking areas and vehicle manoeuvring areas must be paved with
asphalt and enclosed by cast -in -place concrete curbs;
d) All areas of the site not occupied by buildings, structures and vehicular
areas must be landscaped. The landscaping must extend onto the City
street rights -of -way to the edge of the street curb /sidewalk;
e) Adequate site drainage facilities must be provided by the proponent of the
development in accordance with a detailed drainage plan, prepared by the
proponent and subject to the approval of the Chief City Engineer;
Planning Advisory Committee
December 23, 1998
Page 3
f) The site shall not be developed except in accordance with a detailed site
plan and building elevation plans, to be prepared by the proponent of the
development and subject to the approval of the Development Officer,
indicating the location and characteristics of all buildings, structures,
parking areas, vehicle manoeuvring areas, landscaped areas, signs and
exterior lighting.
g) No building permit shall be endorsed by the Development Officer, except
site preparation or foundation, until the required site plan, drainage plan
and building elevation plans are approved;
h) All improvements shown on the approved site plan, drainage plan and
building plans must be completed no later than one year from the date of
approval of the building permit for the development.
Respectfully submitted,
-b C"'aak� b04
Donald A. Bonnell
Chairman
RGP /r
Attachments
Community Jim Baird MCIP P.O. Box 1971 506 658 -2835
Planning Manager Saint John 506 658 -2837 (Fax)
New Brunswick
Canada E2L 4L1
El
DATE: DECEMBER 18, 1998
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING
City of Saint john
FOR: MEETING OF DECEMBER 22, 1998
1&40RAk�&
Randall G. Pollock, MCIP
Planner
SUBJECT:
Name of Applicant: Imperial Oil Ltd.
Name of Owner: Imperial Oil Ltd. and City of Saint John
Location: 570 Rothesay Avenue and Adjacent Land
NBGIC: 55108930, 55102743 and part of 55102768
Municipal Plan:
Service Corridor
Zoning: Existing: `B -2" General Business and
"P" Park
Proposed: `B -2" General Business
Proposal: To enlarge and redevelop the Esso service
station site, including a gas bar, convenience
store and car wash
Type of Application: Rezoning and Conditional Uses (car wash
and gas bar)
Imperial Oil Ltd. Page 2
570 Rothesay Avenue and Adjacent Land December 18, 1998
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to
give its views to Common Council concerning proposed amendments to the
Zoning By -law. Council will consider the Committee's recommendation at a
public hearing on Monday, January 4, 1999.
The Zoning By -law authorizes the Committee to impose its own terms and
conditions, pursuant to Section 34(4)(c) of the Act, upon the establishment and
operation of a gas bar and car wash in the `B -2" General Business zone.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land located at the intersection of
McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue,
having a frontage of approximately 110 feet on Golden Grove Road, a
frontage of approximately 150 feet on McAllister Drive, and an area of
approximately one -half acre, also identified as being a portion of NBGYC
#55102768, from "P" Park to "B -2" General Business, subject to a resolution
pursuant to Section 39 of the Community Planning Act setting out the
following conditions:
a) The use of the rezoned area is limited to a car wash facility in conjunction
with the use of the adjacent property;
b) Access to the rezoned area must be from the adjacent property, and there
shall be no direct driveway access to the site from McAllister Drive or
Golden Grove Road;
c) All parking areas and vehicle manoeuvring areas must be paved with
asphalt and enclosed by cast -in -place concrete curbs;
d) All areas of the site not occupied by buildings, structures and vehicular
areas must be landscaped. The landscaping must extend onto the City
street rights -of -way to the edge of the street curb /sidewalk;
e) Adequate site drainage facilities must be provided by the proponent of the
development in accordance with a detailed drainage plan, prepared by the
proponent and subject to the approval of the Chief City Engineer;
f) The site shall not be developed except in accordance with a detailed site
plan and building elevation plans, to be prepared by the proponent of the
Imperial Oil Ltd. Page 3
570 Rothesay Avenue and Adjacent Land December 18, 1998
development and subject to the approval of the Development Officer,
indicating the location and characteristics of all buildings, structures,
parking areas, vehicle manoeuvring areas, landscaped areas, signs and
exterior lighting.
g) No building permit shall be endorsed by the Development Officer, except
site preparation or foundation, until the required site plan, drainage plan
and building elevation plans are approved;
h) All improvements shown on the approved site plan, drainage plan and
building plans must be completed no later than one year from the date of
approval of the building permit for the development.
2. That the Planning Advisory Committee impose conditions (c) to (h) above,
pursuant to Section 34(4)(c) of the Community Planning Act, upon the
development of a gas bar and car wash at.570 Rothesay Avenue and adjacent
land (NBGIC# 55108930, 55102743 and part of 55102768).
BACKGROUND:
The Committee considered the attached report at its November 24, 1998 meeting,
and heard presentations from both the applicant and an adjacent property - owner.
In addition, the Committee had a number of questions and concerns about the
traffic impact of the proposal. After considering the report and presentations, the
Committee decided to table the application in order to provide the applicant an
opportunity to address the traffic concerns through a revised proposal. As a
result, Common Council rescheduled the public hearing for January 4, 1999.
ANALYSIS:
Revised Proposal
In response to the concerns expressed at the Committee's November 24`h meeting,
the applicant has deleted the Tim Horton's drive- through restaurant from the
proposal. The proposed development now consists of only the Tiger Express gas
bar /convenience store and "touchless" automatic car wash, as illustrated on the
attached plan.
The overall layout of the site remains essentially the same as the previous
proposal, minus the drive - through facility. This has allowed the convenience
store building to be shifted back slightly in order to provide more space between
the building and exit onto Rothesay Avenue. With the deletion of the Tim
Imperial Oil Ltd. Page 4
570 Rothesay Avenue and Adjacent Land December 18, 1998
Horton's window, this area will no longer be congested with vehicles trying to
exit from both the front and rear of the building.
The first driveway on Rothesay Avenue (nearest the corner) has been shifted to
increase the separation from the corner to approximately 48 feet. While this still
does not meet present -day standards, it is an improvement over the existing
driveway, which is currently only a few feet from the intersection.
The previously requested variance for setback of the drive - through queuing area
from the adjacent property is no longer required, since the drive - through has been
deleted from the proposal. This area will now be developed with customer
parking close to the store, and will include the required 5 feet of landscaping
along the lot line. The previous customer parking area adjacent to McAllister
Drive will also be retained, and will include the self -serve car vacuum units. A
landscaped island has been added to the centre of the car wash queuing area.
Traffic Impact
The traffic analysis attached to the previous report indicated that the change from
a service station/convenience store to a car wash/gas bar /convenience store would
not result in any appreciable increase in traffic entering and exiting the property
over and above the existing situation. All of the projected traffic increase was
related to the proposed Tim Horton's drive - through.
Traffic on the adjacent streets will, of course, continue to grow. With the
continuing commercial development in the Westmorland/McAllister area, more
and more traffic will utilize this intersection. To reiterate the comments on page 8
of the November 20ffi report, the expected traffic growth will not preclude the
proposed development. While traffic levels fluctuate depending on the season
(e.g. Christmas), even the "worst- case" scenario being looked at in the
Transportation Strategy (significant growth with all improvements directing
traffic to this intersection, and no improvements in capacity in other areas) could
be accommodated with this development. Traffic volumes on McAllister will
increase, especially when McAllister is extended to the Throughway, but volumes
on Rothesay Avenue would then be decreased. They would only return to present
levels over a 20 -year time frame. A more realistic scenario would see
improvements to other elements of the road system that will attract traffic toward
other intersections.
With regard to the driveway access onto McAllister Drive, the Engineering
comments in the November 20'' report indicate that this entrance was installed by
the City, at the request of Imperial Oil Ltd., when the intersection was
Imperial Oil Ltd. Page 5
570 Rothesay Avenue and Adjacent Land December 18, 1998
reconstructed in 1993. Engineering has further advised that the reason for the
installation was to facilitate tanker truck movements; however, they are not aware
of any actual prohibition of the use of this driveway by other vehicles having been
imposed. Others who are coming and going to /from both the present service
station development and the adjacent steakhouse /pub are currently using the
driveway. Because of the presence of a centre median, the only traffic movements
are right turns in and out. The driveway functions in a safe and satisfactory
manner, and is expected to continue in this manner even with the expected traffic
growth.
Proposed Conditions of Approval
As discussed in the attached report, there is an opportunity for Council to impose
Section 39 conditions only on the area to be rezoned. As the proposed car wash
and gas bar are conditional uses, there is also an opportunity for the Planning
Advisory Committee to impose its own conditions pursuant to Section 34(4)(c) of
the Act. Normally, it is recommended that when both types of conditions are
available, only Section 39 conditions be imposed. However, in this case Section
39 conditions can only be imposed on a portion of the site due to the fact that the
existing service station area is already zoned `B -2" and is not being rezoned.
Conditions are recommended with respect to site development, such as paving
and curbing, landscaping and drainage, and including the submission of detailed
site, drainage and building elevation plans for approval. These are all normal
requirements for a commercial development or redevelopment in the fully
serviced urban area. A one year time limit (from date of building permit
approval) for completion of the site development is suggested.
Two additional Section 39 conditions, specific to the area rezoned, are suggested.
These conditions would require the use of the rezoned area to be in conjunction
with the use of an adjacent property (i.e. not as a stand -alone commercial
development), and prohibit any additional driveways on McAllister Drive and
Golden Grove Road.
CONCLUSION:
The applicant has revised the proposal by deleting one of the major components
of the development. This results in a significant reduction of potential conflicts
both on -site and off -site. Conditions are recommended with respect to the use of
and access to the rezoned area, as well as normal site development standards and
plan approval requirements.
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Community Jim Baird MCIP P.O. Box 1971 505 658 -2835
Planning Manager Saint John 506 658 -2837 (Fax)
New Brunswick
Canada E2L 4L1
DATE: NOVEMBER 20, 1998
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING
FOR: MEETING OF NOVEMBER 24, 1998
1
andall G. Pollock, Cl
Planner
SUBJECT:
City of Saint John
Name of Applicant: Imperial Oil Ltd.
Name of Owner: Imperial Oil Ltd. and City of Saint John
Location: 570 Rothesay Avenue and Adjacent Land
NBGIC: 55108930, 55102743 and part of 55102768
Municipal Plan: Service Corridor
Zoning: Existing: `B -2" General Business and
"P" Park
Proposed: "B -2" General Business
Proposal: To enlarge and redevelop the Esso service
station site, including a gas bar, convenience
store, drive - through restaurant and car wash
Type of Application: Rezoning, Conditional Uses (car wash, gas
bar and take -out restaurant) and Variance to
permit the proposed drive - through stacking
lane to abut the adjacent property, whereas
the Zoning By -law requires a minimum
Imperial Oil Ltd. Page 2
570 Rothesay Avenue and Adjacent Land November 20, 1998
separation of 1.5 metres (5 feet) from the
property line.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to
give its views to Common Council concerning proposed amendments to the
Zoning By -law. Council will consider the Committee's recommendation at a
public hearing on Monday, November 30, 1998.
The Act also authorizes the Committee to grant reasonable variances from the
requirements of the Zoning By -law. The Committee can impose conditions.
Finally, the Zoning By -law authorizes the Committee to impose its own terms and
conditions, pursuant to Section 34(4)(c) of the Act, upon the establishment and
operation of a gas bar, car wash and take -out restaurant in the `B -2" General
Business zone.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council rezone a parcel of land located at the intersection of
McAllister Drive and Golden Grove Road, adjacent to 570 Rothesay Avenue,
having a frontage of approximately 110 feet on Golden Grove Road, a
frontage of approximately 150 feet on McAllister Drive, and an area of
approximately one -half acre, also identified as being a portion of NBGIC
#55102768, from "P" Park to "B -2" General Business, subject to a resolution
pursuant to Section 39 of the Community Planning Act setting out the
proposal and conditions of development.
2. That Common Council refer the matter of specific Section 39 conditions back
to the Committee, to be considered in conjunction with the review of a revised
development plan for the site.
3. That Common Council not give third reading to the proposed amendment
until such time as a revised site plan and recommended Section 39 conditions
relating to that plan are available.
4. That the Planning Advisory Committee table consideration of terms and
conditions pursuant to Section 34(4)(c) of the Community Planning Act, as
well as consideration of the proposed variance, in order to permit the
Imperial Oil Ltd. Page 3
570 Rothesay Avenue and Adjacent Land November 20, 1998
proponent to prepare a revised site plan that addresses the issues of traffic,
access and on -site circulation with respect to the proposed development.
BACKGROUND:
The original Esso service station property consists of the parcel identified as
NBGIC# 55108930 (see attached map). In 1993, the intersection of Golden
Grove Road and McAllister Drive was rebuilt. In 1994, Common Council closed
a portion of the original Golden Grove Road right -of -way that was surplus to the
City's requirements. This area includes the parcels now identified as NBGIC#
55102743 and 55102768. The triangular parcel identified as NBGIC# 55102743,
located at the intersection of Rothesay Avenue and McAllister Drive was then
sold to Imperial Oil. At the same time, a portion of the original Esso site was
acquired by the City for "rounding off' of the corner.
In 1997, the triangular parcel (NBGIC# 55102743) at the Rothesay/McAllister
intersection was rezoned from "P" Park to `B -2" General Business. This parcel
was being used by Imperial as a parking area in conjunction with the existing
service station development. The purpose of the rezoning was to place the parcel
in the same zone as the balance of the service station development. The proposed
1997 site redevelopment plan is attached. It included a gas bar, convenience store
and car wash. While the property was rezoned at that time, the matter of the
conditional uses and any necessary variances were not considered or finalized.
In September of 1998, the City entered into a purchase and sale agreement with
Imperial Oil with respect to the portion of NBGIC# 55102768 located at the
intersection of McAllister Drive and Golden Grove Road. The sale is conditional
upon Imperial Oil Ltd. receiving approval of a rezoning of the land from "P" Park
to "B -2" General Business.
INPUT FROM OTHER SOURCES:
Engineering has no objection to the application. Engineering is not aware of any
restrictions having been placed on the existing driveway off McAllister Drive,
which was included in the street reconstruction work in 1993. The driveway is
approximately 100 feet from the intersection of Rothesay Avenue and McAllister
Drive.
Building and Technical Services advises that the subject site is situated in the
Glen Falls Flood Risk Area. In order for development to be approved, measures
Imperial Oil Ltd. Page 4
570 Rothesay Avenue and Adjacent Land November 20, 1998
must be maintained or implemented to accommodate the City of Saint John Flood
Risk Area By -law. In particular, the following requirements of the by -law must be
met:
• Existing and proposed surface elevations must be submitted prior to
construction;
+ Final surface elevations must be submitted after construction ceases;
• Compensating flood storage capacity must be provided in the immediate
vicinity equivalent in volume to that displaced by the development;
• In instances where compensating flood storage is not available, a cash -in -lieu
settlement may be accepted.
Real Estate and Facility Management has submitted no comments.
Saint John Energy has no objection. It should be noted that the Commission has
a registered six -metre easement through the property. If distribution lines have to
be relocated, costs will be dealt with through the owner or developer.
NBTeI advises that service to the new convenience store /gas bar could be handled
in the same manner as the existing service station, depending on location of the
new building and electrical entrance. NBTeI has an underground conduit system
and manhole near the intersection of McAllister/Rothesay. If necessary, a new
lateral could be placed from the manhole to the new building. This detail will be
discussed when final plans are available. All costs for this conduit would be the
responsibility of the developer.
Fire Department has no objection.
ANALYSIS:
Site and Neighbourhood
The subject site consists of two components: the existing Esso site (including the
area purchased in 1994 and rezoned to `B -2" in 1997), and a portion of the City -
owned parcel at the intersection of McAllister Drive and Golden Grove Road.
The site and area is part of the Rothesay Avenue Service Corridor, which includes
a mixture of highway commercial, light industrial and some residential uses.
Rothesay Avenue and McAllister Drive are both designated arterial roads carrying
large volumes of traffic throughout the day. Golden Grove Road in this area is
classed as a collector road. In addition to abutting the three streets, the site
Imperial Oil Ltd. Page 5
570 Rothesay Avenue and Adjacent Land November 20, 1998
directly abuts Marsh Creek to the north and the Three Mile Steakhouse and Pub to
the east.
The existing Esso property is developed with a long- existing service
station/convenience store with two driveways on Rothesay Avenue and one on
McAllister Drive. The McAllister Drive driveway, which permits only right turns
in and (due to the median in the street), was installed in conjunction with the
reconstruction of the street in 1993 -94.
The existing Esso property is encumbered by a large municipal services easement
crossing the triangular parcel, as well as a 15 -foot right -of -way along the edge of
Marsh Creek in favour of the owner of the Three Mile property.
The portion of the subject site that is currently owned by the City is vacant, but
has been used in the past for parking for the Three Mile under various intermittent
licence or lease arrangements with the City_
Proposal
The applicant has submitted the attached proposal to expand and redevelop the
service station site. The applicant proposes that the existing service station
building will be demolished and replaced by a Tiger Express gas bar /convenience
store, including a drive - through Tim Horton's window. This would be a drive -
through facility only, with no inside seating. The land to be purchased from the
City will contain a "touchless" automated car wash building. The existing
driveways will be retained, but the two on Rothesay Avenue will be narrowed to
10 metres and 12.1 metres. They are currently both about 20 metres wide, which
is much wider than the City standard of 11 metres.
The land to be purchased from the City is currently zoned "P" Park. The
applicant has requested that it be rezoned to `13-2" General Business in order to
permit the proposed car wash component. The proposed uses are permitted on the
existing site, which is already zoned "B -2 ", but are subject to review by the
Committee for terms and conditions. In addition, the proposed development as
illustrated on the attached site plan, would require a variance to permit the drive -
through lane to abut the adjacent Three Mile property.
Proposed Rezoning of City Owned Land
The majority of the City -owned parcel was originally part of the Exhibition
Association's lands and remains zoned "P" Park. The applicant has requested that
the parcel be placed in a "B -2" General Business zone, which is the same zoning
Imperial Oil Ltd.
570 Rothesay Avenue and Adjacent Land
Page 6
November 20, 1998
as the majority of properties lying between Rothesay Avenue and Golden
Grove /Simpson Drive, including the applicant's existing service station.
The existing "P" Park zone was appropriate when the parcel of land was part of
the Exhibition Association lands. However, Golden Grove Road now separates it
from those lands. The proposed "B -2" zoning for the parcel is a logical extension
of the existing `B -2" area. The area is designated Service Corridor by the
Municipal Plan, which provides for a wide range of commercial and light
industrial uses. The proposed "B -2" zoning conforms to the Plan designation, and
would be required for commercial use of the property regardless of whether or not
the property is sold for development to Imperial Oil, another adjoining property -
owner, or as a separate commercial development site.
The rezoning of the City -owned land to `B -2" can, therefore, be supported.
However, staff have significant concerns about the proposed site development
details, particularly with respect to traffic, access, and on -site circulation. These
issues are discussed below.
Site Development Issues
This is a significant redevelopment proposal at a high- traffic intersection. The
proposal includes multiple components that must be designed and laid out in a
manner that minimizes traffic conflicts, both on -site and off-site. The Committee,
on several occasions, has noted that previous developments with a drive - through
component have resulted in insufficient queuing and circulation space during peak
hours, due to an underestimation of demand at the design phase. In several
locations, this has resulted in lines extending into the travel lanes of the adjacent
street.
There are several aspects to the proposed layout that cause concern. These
include:
the short distance from the intersection to the first driveway on Rothesay
Avenue, and the possibility of queuing extending into the street and
intersection;
the potential for conflict among cars entering the second driveway on
Rothesay Avenue, cars exiting the Tim Horton's drive - through, and cars
exiting from the gas bar area, due to the convergence of all these activities in a
confined space between the building and the access point to the street;
the manoeuvring movements necessary to travel from the gas pumps to the car
wash facility;
Imperial Oil Ltd. Page 7
570 Rothesay Avenue and Adjacent Land November 20, 1998
Because of these concerns, staff requested that the applicant retain a qualified
traffic consultant to evaluate the traffic issues with respect to the proposed
development. The results of that review are attached to this report.
The consultant concludes that the change from a service station/convenience store
to a gas bar /convenience store /car wash, will not result in any appreciable increase
in traffic entering and exiting the property over and above the existing situation.
However, the addition of a Tim Horton's drive - through facility will add
approximately 300 vehicles daily. The 300 vehicles daily represent 600 one -way
trips (i.e., 300 in and 300 out).
The consultant indicates that, because of the existing location of a full- service
Tim Horton's on the opposite side of Rothesay Avenue and the new full- service
Tim Horton's that will open at Exhibition Plaza in February 1999, the intent of
the Tiger Express drive - through is to capture the outbound traffic along Rothesay
Avenue and the traffic already visiting the Imperial Oil operation. As a result, the
vast majority of traffic will be making right turns in and out of the site, which the
report concludes can be accommodated at an acceptable level of service. The
consultant indicates that the majority of "inbound" people would recognize the
difficulty of making left turns in and out of the site and would utilize the other
nearby Tim Horton's facilities.
With respect to on -site circulation, the consultant notes that there will be at least
10 queuing spaces for Tim Horton's and 12 for the car wash, and concludes that
this should be sufficient to handle peak demand. The consultant does recognize,
however, staff's concern about the potential conflict at the driveway closest to the
drive - through exit, and indicates that it would be desirable to provide more space
between the building and the street. The consultant also recommends that
consideration be given to providing some parking spaces near the convenience
store. At present, the bulk of customer parking (other than a handicapped area
and those paying after filling up with gas) is located adjacent to McAllister Drive
approximately 130 feet from the store.
While the traffic study suggests that, overall, the site will accommodate the
proposed development from a traffic perspective, there would appear to be
possible improvements that can be made. These could include relocation of the
building so that it faces Rothesay Avenue (and therefore can be set back further
from the street) with customer parking closer to the entrance. In addition, staff
remain concerned about the potential for traffic backups from the first Rothesay
Avenue driveway into the intersection. Traffic congestion has been observed to
occur on occasion with the existing development. Deletion of this driveway
should be considered.
Imperial Oil Ltd.
570 Rothesay Avenue and Adjacent Land
Page 8
November 20, 1998
Given the above observations, and the potential for conflicts among the variety of
uses proposed for the site, it is recommended that the matter of terms and
conditions (both Section 39 conditions for the area rezoned, and the Committee's
conditions for the entire site) be tabled pending submission of a revised plan.
Ultimately, if the resulting modifications to the site plan are not satisfactory to the
Committee, it may be necessary to delete one of the components of the
development such as the Tim Horton's drive - through. This would still permit an
operation similar to the Tiger Express that is located on Church Avenue West
adjacent to the Manawagonish Road plaza.
Future Plans for McAllister Drive
The Municipal Development Plan includes a proposal that McAllister Drive be
extended from Rothesay Avenue to Highway 1. The need for a more convenient
connection from the East Side regional centre to the Throughway has been
recognized for some time. At present, a major City wide transportation study is
being undertaken by FGA Consultants, which includes study of this issue. It is
anticipated that the study will reconfirm the need for this connection. While the
study is not due to be released until January 1999, at this time indications are that
the connection can be achieved without the need for any additional land on this
side of McAllister Drive. This was considered when the decision was made to
sell the City -owned land.
CONCLUSION:
The City -owned land is no longer part of the Exhibition Park development and,
therefore, the existing "P" Park zoning is not appropriate for the site. The site and
surrounding area is designated Service Corridor, which provides for a wide range
of highway commercial and light industrial uses, including the proposed
development. Adjacent properties are already zoned `B -2" General Business, and
this would be a logical extension of that zone. Rezoning of the land to "B -2" can
be supported on this basis.
While the rezoning can be supported, there are concerns with respect to the traffic
impact of the proposed development, as it attempts to combine a variety of
activities with potential for conflicts both on -site and off -site. While the traffic
study submitted on behalf of the applicant indicates that, overall, the conflicts
may be minimal and mostly confined to the site itself, past experience with
several drive - through operations has not been positive. Revisions to the site plan,
including relocation of the building and possible deletion of one of the driveways,
should be considered. It is recommended that the rezoning be approved, but the
Imperial Oil Ltd. Page 9
570 Rothesay Avenue and Adjacent Land November 20, 1998
matter of conditions as well as any required variances not be finalized until a
revised site plan, which is acceptable to the Committee, is prepared.
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NOV --20 --1998 11:26
FGA- .
CONSULTANTS LiV
Novombtt 19, 1998
Mr_ Carl. gown
Imperial. Oil
P.O. Box 1010
Da trnouth, NS
B2Y 4RI
IMPERIAL OIL 902 420 6905 P.02i06
335 _ _ An $rcpt Novi Brunswitk 744 500 458 -6455
P.O. Svt 207 Canada Fax: 506 452 -2729
Fro4oric4an E3B 4Yy Em4;I, Iowi p nb.aa
Dear Mr. gown:
:1 1
As regl>estcd I have reviewed the traffic issues associated with Imperial Oil's proposed
development at the intersection of Rodmay Avenue with IvlcAUvncr Drive in Saint Zahn_ It is
my understanding that presently there is an Esso service station at #his locarien. The service
station includes a conveeieme store, 4 pumps and 3 service bays. The won is to tplace
the existit+g dcvcicT=ut with a 140 square metre convenience store combined with a Tim
Horton Drive Thru (16 square meu-es), four pumps and a car wash.
The proposed development Will have two driveways on Rothesay Avenue and one driveway on
McAllister Drive. The more northerly driveway on Rothesay Avenue will primarily fiinction
as an exit from tbz Tim Ron= /Convenk=e Store building while the second driveway
provides access to the pump mW cax wash area. The third driveway on McAllister Drive
provides access to all the site functions and only pexrnits right inlright out turns bcc=c of the
concrete median on McAllister Drive.
71i1s fir' )i An, .117=7_1 r ��dl
Both Rothesay Avenue and McAllister Drive are well utilized wterial streets, providing both a
rraffir, mobility anti land access ftt»crion. Rothesay Avenue is a prorind y designated
coAector street (Route 100) and provides a connection between, Saint Jahn and the
Xe=becasis Valley area. McAllister Drive provides a counection between Rofhesay Avenue
and Loch Lomond Road while at the same time providing access to a dense commercial area
centxcd around the McAllister Drive/Westmorland Read intersection area.
Rothesay Aveme is acCmnmo&dug appwximately 19,000 vehicles daily while McAllister
Drive neat' Rodiesay Avtouc cgcricaces 21,000 vebicles daily. The Rothesay
Avej=TMcAllister Drive intcrseMou is a heavily utilized signalized intersection with 1915
vehicles on the approaches in the morning peak hour and 2,550 vebicies m the approaches is
the evening peak hour.
WWW.fya.ab.ca TAAWCATATION¢LANNING URBAN /A=10NA4PLAN"9 PMICYDEM07MENT
HIGHWAY EHG1NEFi3NG FEASMIL1TY & IMPACT STLICIE5 MARKET RE ASCH
ECONOMIC/FINANCIAL STUDIES TOuRI5M LTrUCIES
NOU -20 -1993 11:27 IMPERIAL OIL tiO,� 420 G'JUZ) r.0 -) 'Vih
Mr. Carl Brown
November 18, 1998
Page 2
In the evening peak hour, the Rothesay AvenuelMCAlliswr Drive signalized li ttrsection is
operating at an acceptable level of service C, although the northbound through movement is
approaching level of service D, as is the westbound left turn from McAllister Drive.
Generally in urban areas, it is desirable intersections operate at level of service C or better,
although in high density commercial areas, level of service D is acceptable. Improvements in
the signal phasing and timings would further improve evening peals hour operations. The
morning peak hour is also presently operating at an acceptable level of service, but cam be
improved with optimization.
There arc plans to develop a 44,750 square metre retail establishment called Westmorland
Shopping Ceutrc ou Westmorland Road between Parkway Mall and Canadian Tire. In addition
there are also plans to construct a 11,155 square metre Kent Building Supply store in the
southeast quadrant of the Rothesay Avenue /McAllister Drive intersection. A recent study
ret;ornt idea improvements to the, Rothesay Avenue /McAllister Drive intersectioll which
would permit the intersection to continue to operate at an acceptable level of service during
peak travel periods with the above two developments in place.
Il- l r 1 E � _I +L _I
Presenting the site, which will accommodate the proposed development, has in place a
Convenience store and service station with 4 pumps and 3 service bays. It is intended to
replace the existing facilities with a convenience store, 4 pumps and a cox wash_ In addition a
Tim Horton drive thru facility will form part of the convenicncc store building. This particular
'lien Horton establishment will only be 16 square metres and will have no bakery or restaurant
area. Orders will be taken either in the drive [bm lane or at the counter.
Since there are no exiting traffic volumes to and from the site available. an estimate has been
developed using the institute of Transportation Engineers (rTE) trip rates. The TM is a well
recognized traffic authority throughout North America and has produced a Trip Generation
manual which provides trip rates for various types of developments_ These rates have been
developed from studies of existing tstabUshmentS_
With a. convenience store, 3 service bays and 4 pumps, the ITE rates indicate the daily traffic
volume associated with the existing facility is 1300 vehicles. The morning and everfing peak
hour volumes are 80 and 105 vehicles, respectively.
If tote above is replaced with a convenience store, a car wash and 4 pumps, the da:ay and peak
hour volumes are projected to br almost the same. Thus the difference between existing trafFic
volumes to and from the site and future volumes would be d-m� traffic generated by Tint
Hortvns.
FGAIW-
rb*r54r,,raK7i Li17
NOV -20 -1998 11:28 IMPERIAL OIL 902 420 69051 P.04 /U6
Mr. Carl Brown
November 18, 1998
Page 3
Discussians with Tim Hortons Officials indicate that they estimate a nmx mum gross annual
revenue fiotn this drive thm facility of $300.000. Based on average sakes per person at other
similar facilities, this a- ansIates into an average of 400 customers per day. Since not all
customers would bring their own vehicle (i.e., more than one person per vehicle) it is
reasonable to assume that the actual number of daily vehicles would be 300 or less. For the
purpose of the analysis. 300 vehicles daily have been utilized. The 300 vehicles daily
represent 60D otm -way trips (he., 300 in and 300 out).
In the morning peak hour, which is the busiest hour for these type of facilities, 80 trips are
projected (40 in/40 out). The evening peak hour is projected to generate 40 trips (70 W20
out). Although some of these grips would be made by traffic that is visiting the convenience
store, car wash or gas pumps, it has been assumed they are all now trips to and from the site.
The intern of the Tim Hortom dt-ive thru at this location is to capture the outbound traffic from
the City along Rothesay Avenue. A-s such, very little left turn traffic from and to Rothesay
Avenue is predicted, thus most movements will be right turns in and out. It is reasonable to
asstm'te that the existing travel patterns associated with the Imperial Oil operation (convenience
Store, gas purnps and car wash) would be maintained. Thus there would be no significant
increase in left turning traffic to and from the site.
Predicting low left turn traffic movcrrtcrts associated with the Tim Horton drive Hutt facility
appears reasonable for the fallowing reasons, First, Therr, is an existing Tim Hortom on the
west side of Rothesay Avenue that traffic can utilize when inbound. This enables a ri&
inlright out movement for this traffic and eliminates the aced for rra$ic to turn left into the
Imperial Oil site and then left back onto Rothesay Avenue. As indicated above, Rothcsay
Avenue accon=odates high traffic volumes, especially in the peak periods, thus loft turns from
the site would he very difficult. 'Thee majority of inbound people would recognize this difficult
movement and would utilize the existing Tim Horton facility on the west side of Rothesay
Avenue.
Second, Tian Hortons has plans to open a hull store with drive tiro on McAllister Drive across
from Parkway Mall in February 1999. This stare will attract much of the traffic oft McAllister
Drive and Westmorland Road.
Based on the above it is anticipated the vast majority of traffic associated with Tim HOrtOns
will negotiate right turns in and right turns out and will primarily be traffic; outbound on
RoEbesay A.vcnue, or traffic attmcced from visitors to the ImperitaX Oil optivions.
Rig .ht turns to and from driveways resvh in both minitnUm delay to traffic and reduced turning
tnovc=nl conflicts.
FGA
CvNf VLY^14T% LTD
NOV -20 -1998 11:28 IMPERIAL OIL 902 420 6905 P.85/06
Mr. Carl Brown
November 18, 1998
Page 4
As indicated above, the vast majority of traffic associated with the Tim Hmtoms drive tt)ru will
negotiate right turns in and right turns out. Using tha capacity and level of service analysis
methodology for driveways that require traffic to stop before proceeding Onto a street, the right
turns out will operate at an acceptable level of service in the morning peak. The few leis turns
from the development would experience level of service E conditions which indicate substantial
delay in trying to aego[iate (be left turning movement. Left turns into the site would operate at
an acceptable level of service.
In the evening peak hour, the right turns from and the left turns into Tim Hoitons will operate
at acceptable levels of service. However, left tarns from the site would experience level of
service B conditions, similar to the morning_
The traffic associated with the future Imperial Oil operation will continue to experiem -t levels
of service similar tv what they experience at the present time_ Generally right turns would
operate at good levels of service while left turns from the site would experience cangestion and
delay during peak travel periods.
. l k V V F 11, M F= .,
At the present time there are 2 driveways to the existing dcvclop=nE on Rothesay Avenue.
The driveway closest to McAllister Drive is approximately 22.3 tttatres wide, why e. the other
driveway on Roibesay Avenue is 19.8 metres wide. With the new development these two
driveways would remain, with the one closest to McAllister Drive to be narrowed to 10 metres
wide while the other one would be 12.1 metre -i wide. These widths define the driveway rrntch
beutex than the existing widths and meet the'Trarisportation of Canada. (TAQ guidelines_
'rite third driveway is located on McAllister Drive and will have a width of 12 rnctres. Again
this meets TAC guidelines. Only right turns in and out will be permitted at this location
because of the concrete median on McAllister Drive_
Both the Tim Horrors opmtiom and the car wash rcquim sufficient space on site to permit
queuing of vehicles without blocking driveways or backing out onto tht adjaoeru streets. The
site plan indicates that them is a least 10 queuing spaces for Tim Hortons and 12 spaces for the
car wash. This should be sufficient to handle peak demand.
The layout of the pumps in relation to the building will probably result in the majority of the
traffic using the more northerly driveway to exit the site from the pump area. There is a
potential conflict with cars exifW the drive thxu at the same time ft pump traffic exits
because of limited space between the building and the driveway. It would he desirable to have
FG
VUMSULTANTA LTA
NOV-20-1993 • 0 0. •
",,_,
a:. ,4lK...��i'�x +f ..e :5�. 1•. -�7' .•4., K� •�,•..�}.. %-.;'s'••'f,. - •�:: �id >'• -.;1,+ +' �-
*._ :'�... .,'� .•:ice': Cam' % .4:' .SNe' 'J'• .. ri h.' '1 iY.:-. i'4'4'r+' q:.E' ':•�..
Mr. Carl Brown
Novc'Fnber 18, 1998
Page 5
more space between the building and the street curb line to provide greater distance for
queuing of both the Tim Horton vehicles and the vehicles exiffiV the pump a=a.
The proposed development will replace the existiW one. The net result will be an increamc in
traffic of approximately 600 vehicles a day to and from the site. In the nxaning peak hour 80
more trips will be generated, while in the evening 40 additional trips Will enter and leave the
site.
Because of the existing lacatiQn of a Tim Hortons on the West side of Rothesay Avenue and the
new Tim Horton to open on McAllister Drive across from Parkway Mall i-a February, 1999,
the intent of this Tim Hortow is to capture the outbound traffic along Rod=ay Avenue and the
traffic visiting the Imperial Oil operations. This should resuh in very few left turns from the
Tim Ziortons drive thru to Rothesay Avenue. Those vehicles presently negotiating left turns
from the site, and those who attempt to do so in the future, will txperi=m c;ongcstion and
delay during peals travel periods. this is further compounded bcause of the requirement to
cross two lanes of traffic on Rothesay Avenue.
On site there is sufficient storage to prevent queuisne of vehicles into driveways or onto the
adjacent streats during peals demand. However, the distance between the building and the curb
line of Rothesay Avenue does not provide m=h space for vehicles to queue leaving. the Tim
Hortoas drive Chru and those vehicles existing the pump area. There would be some
rongcstion experieaccd at this driveway during peak periods.
Consideration should also be given to providing some parking spaces near tht canver fence
stvrc. 'Vehicles visiting only the convenience store will park adjacent to tllc building (near the
handicap parking 5pacc and Could block vehicles NeHing-
Please contact me if you have any questions relating to the above discussion.
Yours truly,
dz-4 /Ivvol�
Don Good, P.Eng.
President
/bv
FGAVMD
c0WJTJLYAJJTS tYn
TOTAL P.06
DEC -21 -98 MON 15:42
PF 01/04
HANSARD EXCERPT/EXTRAIT DU HANS 4fiD 1�
•Unrevised/non revisd-
December 18 dccembre 1998
DEC 22 1998
Daily Sitting 16/Jour de sdance 16
xce t Ta e 372 -30
14irs. Barry: I have a few brief questions. The minister mentioned in his remarks that he
was negotiating with the state of Maine with regard to the crossing at St. Stephen- Calais.
I waisted to ask, because I believe he has participated in some discussions, with regard to
the east -west highway, and that perhaps it does appear fairly favourable, the mood in the
state of Maine, for making this a reality. Can YOU give tts your comments with regard to
what may be happening at the moment?
Hon. Mr. Lee: I'm not sure what is happening. I know the United Statcs has 5217 billion
to upgrade their highways through the U.S. I understand the people in Maine would like
to see an cast -west highway through Maine and on into Quebec. The only part of that
highway that I commented on was between Calais and Bangor. 1 don't think I would be
Tepresenting the trucking industry of this province, or anyone else who travels that road,
very well if I didn't support a better highway between Calais and Bangor, and that- was as
far as T went with my comments.
(Tape 373 -31)
Y can tell you that we have 140 000 tractor trailers crossing the border at St. Sizphcn-
Calais vvery year, and those are mostly our people .from Atlantic Canada. So you would
have to be out of your mind not to support. _ . I say this because I've been criticized .. .
Like, an Highway 95 between Woodstock and Houlton and thy; pcoplc in that area sayinD
that I shouldn't be supporting that, but what do you do as elected member,for the
province of New Brunswick when we have 140 000 vehicles? .1 don't know the count Lhat
is for New Brunswick trucks, but probably a good part of them are New Brunswick
trucks, and some are from Nova Scotia and P.E.I.. Regardless of any other crossing, there
are 140 000 tractor trailers crossing the St. Stephen border.
That prompts me to talk a little bit about the this'd bridge. Every one of those trucks are
Doing to downtown St. Stephen_ Can you imagine, the tourist seacnn, the number of
trucks, and what the situation is there? The third bridge is very touch supported, and has
been supported, by me and by this government for the last seven or eight years Vve been
dealing with it. I've had meetings with the state highway commissioners, and the
commissioner in the State of Maine has the same, if I dare use the word, power and
authority as a minister in New Brunswick. They are appointed and we're elected, of
course. I've had a number of meetings with two or three of those people who have been
-Uppointcd orcr the ycars, different commissioner --, and I've also had a chat with Governor
KinD. I've met with him at the Legislative Assembly in Augusta. We've had a lot of talks,
DEC -21 -98 MON 15:43 P.02/04
HANSARD EXCERPTIEXTRAIT DL HANSARD
2 1995 December 19 d6cembre
many times with the St. Stephen ... and I've met with Calais council on it. We are very
supportive, but the problem is with the local communities. I think they are coming
together on the third bridge.
The third bridge is much niore expcnsivc for us because we have to build a section of
highway beyond the St. Stephen bypass, and we're probably looking at S7 or $S million
to do that work. The Americans would pay for half the bridge, and they have some
highway to build as welt. I am very much supportive of the third bridge, because we have
in one of our communities. the town of St. Stephen, a very serious problem. When we
mix 140 000 trucks with thousands of tourists and local traffic, it's a big problem, and it's
very- unpleasant during the st,immer when the traffic is backed up at the border.
Sometimes the traffic is backed up as far as downtown St. Steplim. It's a serious
problem.
I am hoping the communities can, get together, and it's not something we can't do and
We're very supportive of it. I'm very supportive of upuading the highway between Calais
anal Bangor, which is part of the east -west highway. Bcyond that, the Americans will
build or they will not build. I'm not sure what they are going to do, but they are trying to
cash in on the $217 billion, and this is one of their projects. I'm not about to criticise
anyone for trying to build better highways within their jurisdiction. That is my comment
on the east -west highway and on the bridge.
Mrs. Barry: Thank you very much. Vi r. Minister. That is certainly, I think-, the direction
you should be taking. I am really pleased that you are supportive of that project. My next
question was with regard to. in your comments you mentioned there were repairs or
fenders would be eallcd on the Reversing Falls Bridge. Could you just comment on what
that would entail, and if it is of a very major nature?
Ikon. Mr. Lee: It's part of the under structures of the bridge, the steel, and it's gtute a
major project. The bridge is safe right now. We don't want to cause any panic and- people
can feel very comfortable in crossing the bridge, but the time has come, like with many
other bridges, from time to time we have to do something about the repairs and we will
lie doing that this summer. It's a major project, I will tell you that. There is a lot of work
to do on the steel replacing steel structures underneath. They are safe at this time, but in
two or three years they probably would not bc:. Thcy k=p deteiiorating. When you look
at that bridge, you couldn't imagine anything being wrong with it if you sit in that
restaurant and look out. I was there last week. But the work needs to be done and wt;'rc
going to be doing it tlus summer.
Mrs. Barry= Would that involve Work on the deck as well, or just on the structures
underneath?
Hon. Mr. Lee: No, there is no work on the deck scheduled. It is all under the steel
structure:
DEC -21 -98 MON 15:43 P. 03 /04
HANSARD EXCERPTIEXTRAIT DU HANSARD
December 18 dccembre 1998 3
1vlrs. Barry: That is, I believe, part of the designated highways within the city of Saint
John, and that brines rile to my next question. I understand that they havc con-.missioned a
traffic study for the entire city, and I'm sure some of that would involve provincially
designated highways. I am wondering whether you will be involved in discussions with
them on that, if you in fact had already had some collaboration with them. Just a more
specific - point, with regard to Sirnms Comer, which is a very congested area near the
Reversing Falls. That property, the fonncr Ccntracare, I guess it has perhaps now been
sold, may potentially be. needed to improve the traffic flow l.here_ C wondered if you
would just comment on the overall study and whether the dcpartrricnt had any viers or
plans or cost sharing planned for what might be the end result of that?
I-Ion. Mr. Lee. To answer the first part of your question, we have a member of staff on
that committee, this part of the study, and I think we would have to wait and see what is
recommended. I am not sure whit eau be done there. It is a complicated area, but we will
wait for the study and see what they recommend, and then_ we will have to look at cost.
sharing, or whatever.
Mrs_ Bany: In the larger picture with regard to traffic hi Saint John, there was a rceeh
visioning conference to set the tone for the city for the new millennium. There was quite"
a number of comments about the need for some type of off ramps from the highway and
possibly on ramps as well u1 the McAllister Drive area, across Rothesay Avenue_ I don't
know whether you've had any requests for that or plamning.
Hon. Mr.. Lee: Well, yes, I'm very familiar with that. I was just putting in a _ . We havc
nothing whatsoever to say about that. That is by the Esso Service Station, where they
planned on building new facilities, car washes and things. That is entirely a city-decision
as to what happens there.
Mrs. Harry: ..As I understood it, at that intersection where that particular gasoline- station
is, were you to come directly across, you would eventually conic to the thruway. There
would be an alleviation of a lot of local traffic if it -was possible to have access to the,:
thruway there. That was, I think, perhaps one of the wishes that might cone out of that.
I would like to thank you for your cooperation in improving the signage along the
thruway along the Saint John area, because that has been very important for tourism in
our city, and possibly there still are some other changes that may be requested, but
certainly it is much appreciated.
My final question relates more to the bigger picture and probably is In.= provincial in
nature, and it's with regard to the New Brunswick trail system and the potential use of the
highway rights of way for trails. Can you update us with regard to your overall
departmental policy on rights of way and whether the trail can be utilized for that?
DEC -'1 -9$ MOO 15:44
HANSARD EXCERPTIEXTitAlT DU HANSARD
4 1998 December 18 decembre
R 04/04
Hon. Mr. Lee: We have had an ongoing study going on on that particular issue. Our
position is that we would like to keep people off the shoulder of the highway. Perhaps in
some areas they could use the right -of way. In some areas of the proxinct the light -of-
�F`.� way is quite wide, 66 feet in most places. I guess to really answer your question, I can say
t that we are working on that and trying to work something out on that.
Y dust on your other question with regard to i}ie access _to. the bypass; f wool.( hope thaf -the .
..
city -of Saint John would take into consideration.thc possibility of a future acccss=to the
bypass would be looked at befori they make any decision about development there,
.because it would probably have an impact on an overpass, or whatcver would be required
on Rothcsay Avenue. That is about all I can tell you about the trail system. We have had
constant discussions with all kinds of people and the trail system committee. We're
working away at it. I think we have come to some kind of agreement on using soine of
our right -of -way, here and there.
Mrs. Barry: I just wanted to lend my support to that concept. T think it would be an
excellent use of the right -of -ways and really improve safety, both for local people and for
tourists, if it was possible to utilize the rights of way for trails in areas where perhaps
other public lands wouldn't be available and expropriation would not be the way to go.
So hopefully it would enable the missing parts of the trail to be put into place. That is all
my questions. Thank you.
isportation Transports
New �Nouveau ouveau ,w.
When replying. please refer to our Filc No.
Dan, cotrc mponx, indiqucz notrc rcf.
196 -274
P.O. Box 6000
Fredericton, NB
E3B 5H1
November 18, 1998
PCB Holdings Ltd.
PO Box 7 Station A
Saint John, NB
E2L 3X1
To Whom It May Concern;
Re: Marsh Creek Bridge No. 4.
This is to notify you that the Department of Transportation of the Province of New Brunswick will soon be commencing a survey
in the area of Marsh Creek No. 4 at the intersection of Rothesay Avenue and McAllister Drive.
Various survey crews may be required to enter upon your land to acquire information to aid in the planning or design of a new
highway or bridge, or the improvement of the existing highway or bridge. These crews will be measuring topographical features of
the property, placing wooden stakes, cutting a survey line where woods are encountered and also drilling where necessary for soils
testing with tractor type equipment.
The exact details and location of construction will not be known until the survey work is completed and the design approved by the
Department. If property is required from you, a Property Purchase Agent from the Department will contact and advise you of the land
the Department wishes to purchase.
If the Department finds that it does not need to purchase any of your property, you are entitled to claim reasonable compensation
for any real damages to your property.
The enclosed booklet "To the Property Owner" is provided for your information to explain the process of highway location, survey
and right -of -way acquisition.
I would like to thank you in advance for your co- operation.
Sincerely,
C. HERBERT PAGE
Director of Design
Enclosure
/2
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, February S, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the
following recommendation, namely:
1. That William D. Farren be appointed to the Board of Police
Commissioners for a term of three years, effective February 17, 1999.
Respectfully submitted,
February 15, 1999, Shirley McAlary,
Saint John, N.B. C h a i r m a n.
Office of the Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Common Clerk Saint John
New Brunswick
Canada E2L 4L1
March 4, 1999
Mr. Edward Keyes
Chairman
Saint John Board of Police Commissioners
14th Floor, City Hall
P.O. Box 1971
Saint John, NB
E2L 41-1
Dear Sir:
At a meeting of the Common Council, held on February 15,1999, the
following resolution was adopted, namely:-
" RESOLVED that William D. Farren be appointed to the Board of Police
Commissioners for a term of three years, effective February 17, 1999."
Yours truly,
Ma ry, Lnford
Common Clerk
MLM:sc
City of Saint John
office of the Mary L. Munford
Common Clerk Common CIerk
February 16,1999
Mr. William D. Farren
12 Rosemonde Court
Saint John, NB
E2M 5B3
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were appointed to the Board of Police Commissioners for
a term of three years, effective February 17, 1999.
Yours truly,
. 0a
Mary L.
Co mmon Clerk
MLM:sc
Office of the Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Common Clerk Saint John
New Brunswick
Canada E2L 4L1
February 16, 1999
Mr. Raymond Thompson
310 Woodward Avenue, #1002
Saint John, NB
E2K 2A1
Dear Sir:
Mt
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
Mary L. unford
Common Clerk
MLM:sc
Office of the Mary L. Munford
Common Clerk Common Clerk
February 16, 9999
Mr. Harold Mayes
310 Woodward Avenue, #714
Saint John, NB
E2K 2A1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
Mary L. Uunford
Common Clerk
MLM:sc
Office of the Mary L. Munford
Common Clerk Common Clerk
February 16, 1999
Ms_ Betty McMillan
53 Millican Drive
Quispamsis, NB
E2G 1P1
Dear Madam:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada B2L 4L1
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
�i-
Mary lunford
Common Clerk
MLM:sc
office of the
Common Clerk
February 16, 1999
Ms. Connie Erb
63 Parkhill Drive
Saint John, NB
E2J 2V6
Dear Madam:
Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 4L1
i'
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
Mary L. unford
Common Clerk
MLM :sc
office of the
Common Clerk
February 16, 1999
Mr. J. A. VanWart
890 Anderson Drive
Saint John, NB
E2M 4G4
Dear Sir:
Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E21, 4L1
am
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
g L. unford
Common Clerk
MLM:sc
office of the Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Common Clerk Saint john
New Brunswick
Canada E2L 4[.1
February 16, 1999
Mr. Joe Mott
3066 Loch Lomond Road
Saint John, NB
E2N 1 B3
Dear Sir:
R''7
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
Aalwk-
Mary L. Klunford
Common Clerk
MLM:sc
�Ihzl(-�
office of the Mary L. Munford
Common Clerk Common Clerk
February 16, 1999
Mr. Murray Carpenter
25 Todd Street
Saint John, NB
E2H 1Y3
Dear Sir:
Eo. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
jMa L. unford
Common Clerk
MLM:sc
Office of the Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Common Clerk Saint John
New Brunswick
Canada E2L 4L1
February 16, 1999
Mr. Ralph Thomas
1795 Red Head Road
Saint John, NB
E2P 1J5
Dear Sir:
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were appointed to the Recreation and Parks Advisory
Board for a term of three years_
Yours truly,
Mary 7Lunford
Common Clerk
MLM:sc
C"Ih
City of Saint John
Office of the
Common Clerk.
February 16,1999
Mr. Ian Polley
25 Kelton Street
Saint John, NB
E2J 3A8
Dear Sir:
Mary L_ Munford P.O. Box 1971 506 658 -2862
Common CIerk Saint John
New Brunswick
Canada E2L 4L1
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were appointed to the Recreation and Parks Advisory
Board for a term of three years.
Yours truly,
W,zalzRford
Mary L.
Common Clerk
��V-0(j
City of Saint John
office of the
Common Clerk
February 17, 1999
Mr. Richard Burpee
General Manager
Saint John Energy
P.O. Box 850
Saint John, NB
E2L 4C7
Dear Sir:
Mary L. Munford P.O. Sox 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 4L1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
City of Saint John
" RESOLVED that Edward Bates and G.E. (Ed) Graham be re- appointed,
and Anne Hickey be appointed the Power Commission for a term of three years,
effective February 15, 1999."
Yours truly,
Ma
ford
h?LVunW
Common Clerk
MLM :sc
office of the
Common Clerk
February 16, 1999
Mr. Edward Bates
21 Trinity Close
Saint John, NB
E2K 4N3
Dear Sir:
Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 41-1
This is to advise that at a meeting of the Common Council, held on
February 15,1999, you were re- appointed to the Power Commission for term of
three years, effective February 15, 1999.
Yours truly,
Ma ry E ." Iunford
Common Clerk
MLM:sc
■
City of Saint John
office of the Mary L. Munford
Common Clerk Common Clerk
February 16, 1999
Mr. G. E. (Ed) Graham
121 Beach Crescent
Saint John, NB
E2K 2E5
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
Ncw Brunswick
Canada E2L 4L1
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were re- appointed to the Power Commission for a term
of three years, effective February 15,1999.
Yours truly,
AaA'yj-)1'-
Mary L. Munford
Common Clerk
MLM:sc
A� a
City of Saint John
office of the
Common Clerk
February 16, 1999
Ms. Anne Hickey
73 Downsview Drive
Saint John, NB
E2M 5E4
Dear Madam:
Mary L. Munford P.O. Box 1.971 506 658 -2862
Common Clerk Saint John
New Brunswick
Canada E2L 4L1
This is to advise that at a meeting of the Common Council, held on
February 15, 1999, you were appointed to the Power Commission for a term of
three years, effective February 15,1999.
Yours truly,
O'S ,
Mary L. nford
Common Clerk
MLM:sc
City of Saint John
Office of the
Common Clerk
a
February 22,1999
Mary L. Munford
Common Clerk
Mr. Jim Baird
Municipal Development Officer
Community Planning Department
10th Floor, City Hall'
P.O. Box 1971
Saint John, NB
E21- 4L1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E21- 41-1
f
Enclosed is_a certified copy of a resolution adopted by the Common
Council on February 15, 1999, regarding the above property.
Yours - truly,
Mary L_ Munford v
Common Clerk
MLM:sc
Enclosures
1
City of Saint John
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, MARY L. MUNFORD, of the City of Saint John in the
County of Saint John and Province of New Brunswick, DO HEREBY
CERTIFY:-
That J am the Common Clerk of the said City of Saint John
and as such have the custody of the minutes and records of the Common
Council of the said City of Saint John and of the Common Seal of the said
City.
2_ That hereto attached and marked "A" is a copy of a
resolution adopted by the Common Council of the City of Saint John on
the 15th day of February, A.D. 1999.
3. That I have carefully compared the said resolution with the
original and the same is a true copy thereof.
D A T E D at the City of Saint John on the 22nd day of
February. A.D. 1999.
IN TESTIMONY WHEREOF, I, the said
Common Clerk of the City of Saint John have
hereunto affixed the Common Seal of the said
City the day and year first hereinbefore written.
Mary L. Munfj rd
Common Cle(rk
" RESOLVED that as recommended by the Planning Advisory Committee, (1)
Common Council assent to one or more subdivision plans, in one or more
phases, of 101 Boars Head Road, in accordance with the submitted photo -
reduced subdivision plan, including a future street between Lots 99 -2 and 99 -3,
as well as to any required municipal services and public utility easements, but
excluding the proposed land for public purposes parcel, which may be developed
as an additional lot; (2) Common Council authorize the preparation and execution
of one or more City /Developer subdivision agreements to ensure provision of the
required work, including drainage and site plans for the approval of the Chief City
Engineer; (3) a payment of money in -lieu of land for public purposes be accepted
with respect to the proposed subdivision; and (4) Common Council authorize cost
sharing for the extension of municipal services outside the limits of the proposed
subdivision in accordance with the Subdivision By- law."
Planning
Advisory Committee
OPEN SESSION
February 10, 1999
Your Worship and Councillors:
SUBJECT: Proposed Subdivision
101 Boar's Head Road
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E21, 41, 1
-rt
City of Saint John
The Committee considered the attached report at its February 9, 1999 meeting.
Sterling Brown attended the meeting on behalf of the applicant. W. Brown
expressed general agreement with the staff recommendation. However, he
requested that the City accept money -in -lieu of the Land for Public Purposes
(LPP) dedication shown on the attached tentative plan, so that the proposed LPP
parcel can be developed as an additional residential lot.
Stephen Halsall, 1 Boar's Head Road, addressed the Committee with respect to
concerns about surface drainage and completion of sidewalk construction, as
discussed in his letter to the Committee (copy attached). Staff advised the
Committee that Engineering is currently working on improvements to storm water
management in the area. With respect to completion of the sidewalk, staff
indicated that there would initially be no sidewalk in front of the undeveloped
property between the subject site and Mr. Halsall's lots, but that this section
would be completed when the property is subdivided and developed.
After considering the report, letter and presentations, the Committee adopted the
recommendation, with an amendment to permit the payment of money -in -lieu of
the LPP dedication.
RECOMMENDATION:
That Common Council assent to one or more subdivision plans, in one or
more phases, in accordance with the attached photo - reduced subdivision
plan, including a future street between Lots 99 -2 and 99 -3, as well as to
any required municipal services and public utility easements, but
Planning Advisory Committee
February 10, 1999
Page 2
excluding the proposed Land for Public Purposes parcel, which may be
developed as an additional lot.
2. That Common Council authorize the preparation and execution of one or
more City /Developer Subdivision Agreements to ensure provision of the
required work, including drainage and site plans for the approval of the
Chief City Engineer.
3. That Common Council accept a payment of money -in -lieu of Land for
Public Purposes with respect to the proposed subdivision.
4. That Common Council authorize cost sharing for the extension of
municipal services outside the limits of the proposed subdivision in
accordance with the Subdivision By -law.
Respectfully submitted,
Brian Cu /h�am
Chairman /
RGP /r
Attachments
Community Jim Baird MCIP P.O_ Box 1971 506 658 -2835
Planning Manager Saint John 506 658 -2837 (Fax)
New Brunswick •
Canada E2L 4L1
DATE: FEBRUARY 5, 1999
TO: PLANNING ADVISORY COMMITTEE
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
NBGIC:
Municipal Plan:
COMMUNITY PLANNING
MEETING OF FEBRUARY 9, 1999
Mark O'Hearn
Planning Officer
Hughes Surveys and Consultants Limited
Spectrum Enterprises Limited
101 Boars Head Road
55089940
Low Density Residential
City of Saint John
Millidgeville Secondary Plan: Development Area D: Boars Head Road
Zoning: "R -2" One and Two Family Residential and
"R -1B" One Family Residential
Proposal: To create seventeen (17) serviced residential
lots along an existing public street.
Type of Application: Subdivision and Variances that would
reduce the minimum lot depth requirement
of 30 metres (100 feet) to a depth between
26.88 metres (88 feet) to 28.68 metres (94
feet) for proposed Lots 99 -14 to 99 -17.
Stanley Gardens Subdivisiox. Page: 2
101 Boars Head Road Date: February 5, 1999
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to
advise Common Council on proposed subdivision developments, including the
assent of municipal services and public utility easements and futurc streets. The
Committee is also authorized to advise Council on the authorization of
City/Developer Subdivision Agreements, cost - sharing outside the limits of
subdivisions, and the acceptance of Land for Public Purposes dedications.
The Act also authorizes the Committee to grant reasonable variances from the
requirements of the Subdivision By -law. Conditions can be imposed by the
Committee.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council assent to one or more subdivision plans, in one or
more phases, in accordance with the attached photo - reduced subdivision
plan, including a future street between Lots 99 -2 and 99 -3, as well as to
any required municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of one or
more City/Developer Subdivision Agreements to ensure provision of the
required work, including drainage and site plans for the approval of the
Chief City Engineer.
3. That Common Council assent to the 740 - square metre (7,966- square foot)
parcel of land west of Lot 99 -1 as the Land for Public Purposes dedication
for the proposed Stanley Gardens Subdivision.
4. That Common Council authorize cost sharing for the extension of
municipal services outside the limits of the proposed subdivision in
accordance with the Subdivision By -law.
5. That the Planning Advisory Committee grant a variance from the
Subdivision By -law that would'reduce the minimum lot depth requirement
of 30 metres (100 feet) to a depth between 26.88 metres (88 feet) to 28.68
metres (94 feet) for proposed Lots 99 -14 to 99 -17.
Stanley Gardens Subdivisio..
101 Boars Head Road
BACKGROUND:
Page 3
February 5, 1999
In 1985 the Planning Advisory Committee approved Phase 1 of the Northland
Acres Subdivision. This initial phase was comprised of fifteen (15) serviced
residential lots along Boars Head Road.
In 1990 the Committee approved Phase 2 of the Northland Acres Subdivision,
which consisted of thirteen (13) more residential lots. Both phases were
developed with underground utilities and full municipal services (i.e., sanitary
sewer, water and storm). Concrete curbing and sidewalk were not required at the
time, which was consistent with City policies. The City later undertook this street
work.
In 1992 the Committee granted the necessary variances to create the subject parcel
of land without requiring the usually service extensions and street work. There
was also no requirement for Land for Public Purposes. These variances were
subject to the condition that the parcel could not be developed until all the
requirements of the Subdivision By -law were met.
The subject property has been conveyed to the present landowner, Spectrum
Enterprises Limited, and the Developer is now requesting subdivision approval to
create seventeen (17) more residential lots along the street.
INPUT FROM OTHER SOURCES:
Engineering has no objection to the proposed subdivision. An extension of the
storm sewer and water will be required in order to service the proposed lots. In
regards to the water extension, the development must be serviced by extending the
eight -inch line, which would be connected to the larger transmission main.
Municipal sanitary sewer is available. Concrete curbing and sidewalk must be
extended along the full frontage of the subject property, including the proposed
and existing L.P.P. parcels.
Building and Technical Services has no objection to the proposed subdivision,
but has indicated that the existing and any new fill material used for the lots will
require a report from a qualified professional to verify the load - bearing capacity
of the material.
Real Estate and Facility Management has not provided any comments
regarding this application.
Stanley Gardens Subdivision. Page 4
101 Boars Head Road February 5, 1999
Saint John Energy has indicated that underground facilities will need to be
extended in order to service the proposed subdivision.
NBTel has indicated that existing underground facilities will need to be extended
in order to service the proposed lots. Details, design, and costs will be determined
with the Developer when final servicing plans are received.
Fundy Cable has not provided any comments regarding this matter.
Parks and Recreation supports the proposed Land for Public Purposes
dedication.
School Board has been notified regarding this proposed residential development.
ANALYSIS:
Development Proposal and Required Variances
The subject property is situated on the south side of Boars Head Road (see
attachments). The property is approximately 1.3 hectares (3.2 acres) in area. The
rear of the proposed lots is low -lying requiring fill material.
The subject property was created in 1992 for the purpose of being developed in
the future (see Background). The original landowner, Stanley Gardens Limited,
still owns the 44- hectare (109 -acre) undeveloped property in behind the subject
site. This larger property would continue to exist with a 70 -metre (230 -foot)
frontage on Boars Head Road, east of the subject property.
The area is split zoned into "R -2" One and Two Family Residential and
"R -1B" One Family Residential. The proposed lots can satisfy all applicable
By -law requirements with the exception of the depths of Lots 99 -14 to 99 -17,
which are slightly below the 30 -metre (100 -foot) depth requirement.
The necessity of these variances was not identified in 1992, since the parcel
appeared to have a uniform depth of 30 metres (100 feet). Given the minor
reduction in lot depth, and the previous approvals, the necessary lot depth
variances can be supported.
Stanley Gardens Subdivisio._ Page 5
101 Boars Head Road February 5, 1999
Provision of Streets, Utilities and Facilities
The Subdivision By -law requires all new residential lots to abut a fully developed
public street. While Boars Head Road is a paved public street, the Developer will
be responsible to construct concrete curbing and sidewalk along the full width of
the subject property, including the proposed Land for Public Purposes parcel.
While Engineering has also suggested that the Developer install curbing and
sidewalk in front of the existing L.P.P. parcel, this property is outside of the
subdivision, and should have been installed by the City when the other phases of
Northland Acres were completed.
Engineering and the public utility agencies have also indicated that services must
be extended in order to accommodate the proposed development. Specifically,
municipal water and storm and underground utilities must be provided.
The applicant has been made aware of these requirements. The recommendation
includes the authorization for the execution of the necessary City/Developer
Subdivision Agreement to ensure provision of the required work and facilities.
The recommendation provides for cost sharing outside the limits of the
subdivision. This will reimburse the Developer for the piping costs associated
with the extension of municipal services. The City provides cost sharing outside
the limits of serviced residential subdivisions.
Assent for any necessary municipal services and public utility easements are also
provided in the recommendation. In addition, the proposed future street between
Lots 99 -2 and 99 -3 is recommended for assent. In fact, Common Council
assented to a future street in a similar location in 1990 when Phase 2 of the
Northland Acres Subdivision was approved (see Background). Another future
street access is anticipated within the remaining street frontage of the larger
Stanley Gardens Limited property to the east.
Land for Public Purposes
The Subdivision By -law requires a Land for Public Purposes dedication for any
subdivision of land capable of being subdivided into more than three (3) lots. At
the discretion of Common Council, the City may accept cash in -lieu of a land
dedication.
Stanley Gardens Subdivisio._ Page 6
101 Boars Head Road February 5, 1999
The subject property is approximately 1.3 hectares (4.2 acres) in area. The By-
law requires a six (6) percent Land for Public Purposes dedication. A 740- square
metre (2,428 - square foot) land dedication is required for the proposed subdivision.
The applicant has requested that a parcel of land between an existing L.P.P. parcel
and Lot 99 -1 be accepted (see attachments).
➢ At the time ofpreparing this report, the applicant indicated thatfurther
discussion with the Developer regarding the form of L.P.P. dedication is
necessary, given the requirement to extend curbing and sidewalk along the
frontage of the proposed L.P.P. parcel. After further consideration, the
applicant may be requesting a cash -in -lieu dedication.
CONCLUSION:
The proposed subdivision would create seventeen new serviced residential lots
along Boars Head Road. The proposed lots can satisfy the standards of the
Zoning By -law, but several are slightly below the minimum depth requirement of
the Subdivision By -law. These necessary variances can be supported.
The Developer is responsible for the installation of concrete curbing and sidewalk
along the full frontage of the subject property (including the proposed L.P.P.
dedication). In addition, the Developer is responsible for the extension of
municipal services (storm sewer and water) and underground public utilities.
Cost sharing outside the limits of the subdivision is recommended.
Provision has been made in the recommendation for a City/Developer Subdivision
Agreement to ensure this work. The necessary subdivision assents (easements
and Future Street) have also been provided.
Finally, the request for a Land for Public Purposes dedication is acceptable.
However, due to the nature of the required work (extension of concrete curbing
and sidewalk along the proposed L.P.P. parcel), the applicant may request a cash
dedication (and develop the proposed L.P.P. parcel as an additional residential
lot). The applicant will advise the Committee and Council of their client's
intention.
Approval of the proposed subdivision and required variances can be supported as
recommended.
COMMUNITY PLANNING
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NBGIC Number (s):
Subject Site: ' ' 55089940
Address: 101 Boars Head Road
Map Number: 06N -79NW
Date: January 25, 1999 Scale: N.T.S.
Stephen & Tamara Halsall
I Boars Head Road
Saint John, N. B.
E2K 5B8
February 8, 1999
Planning Advisory Committee
City of Saint John
P.O. Box 1971
Saint John, N. B.
EM 4L1
RE. PROPOSED STANLEY GARDENS SUBDIVISION - 101 Boars Head Road
We recently received the letter of notice on the above subdivision application. Our family
is very much in favour of development here and in all of Greater Saint John and would
look forward to new neighbours on the street.
However we have two concerns which we would like to see addressed before final approval is granted.
I . The area for the proposed/tentative subdivision plan is comprised of very low lying, marshy land
which throughout the year retains water. This area after a rain has the water levels rise two feet
and higher until the culvert further down Boars Head crossing the road has time to drain some of this
water (which can at times take a few days). With less land for this water to sit until it can drain
we can only expect the water to raise even higher in the future.
The City of Saint John also plans to divert more water into this Brook from its existing storm sewer
System once the new Pumping station is opened further up Somerset Street. We are already in
discussions with the Engineering Dept. on this and with no firm information on the increased water
flow and the City's proposed improvements to ensure drainage, we are very concerned. Personally I
would like to see more information from the City before more fill reduces the area for water to
disperse.
2. We also have to build new sidewalk and curb in front of 1, 5, and 9 Boars Head Road and hope that
the curb in front of the new subdivision and ours are connected. It defeats the purpose to be building
these new sidewalks if there is a gap between Lot 99 -17 and the end of our property where our
sidettialk will stop. Will the City be joining these sidewalks so children, residents and Air Canada
employees do not have to walk on the street. We hope to have our sidewalks in place before fall 1999.
Yours very truly,
JSteppl en Hal all
j B
8 JW9
office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
Mr. Jim Bezanson
Secretary
Preservation Review Board
10th Floor, City Hall
P_O. Box 1971
Saint John, NB
E2L 4L1
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E21, 41,1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely : -
W
City of Saint John
" RESOLVED that up to $15,000 for a brick salvage program be approved
from the Preservation Review Board's 1999 grant program funding."
Yours truly,
Mary L. Y iunford
Common Clerk
MLM :sc
C
Preservation Review Board
February 11, 1999
Her Worship Mayor Shirley McAlary and
Members of Common Council:
Your Worship and Councillors:
SUBJECT: Salvage of Brick
P.O. Box 1971 506 658 -2835
Saint John 506 658 -2837 {Fax}
New Brunswick
Canada E2L 4L1
On .1
City of saint John
Many of the buildings in Trinity Royal Heritage Preservation Area were built with
either pressed brick, or Le Prairie brick on the exterior (outer of three wythes).
These brick are a different size and colour than those available for purchase today.
More importantly, these brick are of a different porosity. Since brick is a
hydroscopic (absorbs water) building material, the wall must be of a uniform
porosity. This principal allows water to evaporate /expire — preferably through the
mortar joint —but also through the face of the brick at a uniform rate. Brick of
similar porosity are no longer manufactured. If new brick(s) which are denser and
less porous are placed in an old wall, the original brick surrounding them are
forced to absorb and attempt to expire double their capability of water moisture.
Frequently the original brick remain saturated. This leads to spalling of the outer
face and eventually destroys the entire wall.
The original buildings at the Centracare site were constructed of brick compatible
to those in Preservation Areas. J. D. Irving have offered the opportunity to
salvage a quantity of these brick. The condition is that they be removed from the
site and be reused for heritage preservation on a not-for-profit basis.
The Preservation Review Board has discussed this on a number of occasions in
light of the numerous requests received from property owners for a source of
brick. The Board concluded that it does not have the mandate, nor the resources
to carry out such a project. However, the Board felt it behoved them to bring this
significant opportunity to the attention. of Common Council. The Board
recognizes that there are a number of practical and logistical difficulties to be
resolved. However, the Board also feels that this is a once in a century
opportunity to provide a supply of necessary brick for sensitive building
rehabilitation. Consequently, at their regular meeting of 3 February, 1999 the
Board passed the following motion:
"MOVED by David Colwell, SECONDED by Robert Ring that
the Board recommend to Common Council that they approve
a brick salvage program from the Provincial Asylum at an estimated cost
of $15,000. CARRIED"
rw
Report to Council
February 11, 1999
Page 2
As Council is aware, I will be attending the Common Council meeting to assist in
the presentation of the Annual Heritage Awards. I would be pleased to address
questions at that time. In addition, the attached fact sheet may be of assistance.
Respectfully submitted,
Philip Huggard yc
Chairman
JHB:III
Attachments
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Salvage Brick from Provincial Lunatic Asylum — Centracare
There are approximately 15,000 square feet of LePrairie and approximately
20,000 square feet of pressed brick on site. Of these approximately 6,000 square
feet of pressed and 3,000 square feet of Le Prairie are on the east fagade. This
represents approximately 2% of the total brick in the complex.
The Preservation Review Board approves 25 -30 masonry projects each year, each
requiring approximately 25 square feet of brick. In addition, the Board approves
one major project each four years requiring 1,000 square feet. This indicates an
annual demand of approximately 1,000 square feet @ year.
Costs:
$8,000. Remove brick from building, load on trucks, transport to Howe's
Lake. 100 trucks @ 8 yards = 4 yards3 (pallets) @ 50% = 1,350
to 1,450 brick. Approximately 7 truckloads would supply current 1
year demand.
cost of trucking = $.05/brick assuming exterior wythe separates
$5,000. Two persons @ 150 brick/day to clean, separate, sort and place on
pallets 14 truckloads in 14 weeks � two year supply;
• cost of cleaning = $.20/brick assuming 50% mortar coverage
utilizing employment generation program at cost of $5/hour.
$1,000. To transport to Old Water Reservoir for controlled distribution
$1,000. Equipment, set -up and miscellaneous
$15,000 Total
B4 TUESDAY, NOVEMBER 24, 1998
EDrroRiAL
Uses can be found
for Centracare's bricks
Bring in the wrecking balls, yes.
But why have every last brick or beam of the
old Centracare buildings carted off to a landfill?
Nobody wanted to see the sprawling. 150 -
year -old complex at Simms Corner become a va-
cant, neglected, permanent eyesore, least of all
the provincial government, which had to spend a
fortune on heat.
No redevelopment scheme passed muster.
Demolition is the only realistic alternative.
Last Friday, the Times Globe reported that
J.D. Irving has bought the site for $1- million. On
the surface, it looks like a pretty good deal for
taxpayers. The estimated cost of demolishing the
buildings is $750,000, and the purchasers have
agreed to foot that bill. Leaving the site as green
space is not as exciting as a development that
would generate jobs, but none has presented itself
yet. At least leaving it vacant will not rule out any
ideas that come forward.
The prospect of the buildings being left as flat
as a blank slate within a few weeks or months has
upset local heritage groups.
Broadly put, they have two concerns. On the
first, it appears, they have been disappointed.
They wanted to preserve the original pre -1871
asylum, the Italianate -style portion that compris-
es about 12 to 15 per cent of the existing struc-
ture. This, they argued to government, would
secure an important part of Canadian and New
Brunswick architectural and cultural history.
Cam' i � aOi 6� -�'"�/ C r7.� rz. crd
C' p?nzy tLy � v��
7-14, l vsC
We can see why their appeal tell on deaf ears.
Apart from heritage specialists, there was no local
public outcry to save even part of Centracare.
Common Council, which can sniff which way the
wind is blowing, turned down opportunities to
designate Centracare a historic site. There are
other ways to preserve built heritage; a photo-
graphic record, for example, is being pursued.
Heritage Saint John's argument that keeping part
of the building would have made future develop-
ment more feasible was debatable. Heritage Saint
John also argues that preservation would exhibit a
commitment to heritage stewardship, but that's
an observation, not a reason.
However, there is one way in which we find
the heritage group's argument persuasive and the
deal between the province and J.D. Irving per-
haps shortsighted. That's the salvage of old build-
ing materials for reuse in other restoration
projects.
Heritage Saint John has argued that a salvage
strategy would not only reduce the amount of
material unnecessarily going to a landfill, but
would create a unique resource of building mate-
rials suited for heritage projects. In larger centres,
even Halifax, businesses do well offering builders
and renovators such things as old windows,
doors, trim and bricks.
'here . is value in these materials. It would be
wasteful to see them all crushed and carted off.
Saving the materials for reuse might well contrib-
-ute to savin g other buiidin�t Saint John.
The sale agreement includes a commitment
from J.D. Irving to offer any significant artifacts
to the New Brunswick Museum. That should be
the minimum. But we are unsure just how far the
word "artifacts" extends, and doubt it encom-
passes the building materials that heritage groups
covet. Even better would be a commitment from
the new owners to sit down with heritage groups
and try to hammer out a way to salvage reusable
materials. ■
d
Office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
Mr. David G. Barry
Chairman
Enterprise Saint John
40 King Street
Saint John, NB
E21- 1 G3
Dear Sir:
P.O. Sox 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
:RM
" RESOLVED that Council accept E. Neil McKelvey's resignation from
Greater Saint John Economic Development Commission, Inc. (Enterprise Saint
John), and thank him for his past service, and refer the matter to the Nominating
Committee."
Yours truly,
Mary L. Munford
Common Clerk
MLM:sc
Cc: Nominating Committee
City of Saint John
15
STEVART MCKELVEY STIFLING SCALES
Baffisters 10th Floor, Bruw -Ack House
44 Chipman Hill
Solicitors Saint John, N.B.
Correspondence Telephone (506) 632 -1970
P.p_ Bo t 7289, Postal Station A Telecopier (506) 652 -1989
Saint Join, Ne.� Bruns rick
Canada E21- 4S6
E. Neil McKelvey, OC, QC
Direct Telephone: 506- 632 -2770
Direct racsimile: 506- 634 -3579
Internet: enm (gsmss.com
January 27, 1999
The Mayor and Members of Council
City of Saint John
15 Market Square
P. O. Box 1971
Saint John, NB E2L 4L1
Your Worship and Members of Common Council:
Re: Enterprise Saint John
Please accept my resignation as a director of Enterprise Saint John.
I have been a member of the Enterprise Saint John board for many years and it is time
I retired to enable a new member to take my place.
I enjoyed my term on the board and I believe I have made a reasonably effective
contribution to its work. Thank you for appointing me.
Yours very ,
E. Neil McKelvey
ENM Isla
cc David Barry
221127
Pr— :�{P,
+_ - ...-
FEB 2 1999
CF&T OF
Charlottetown Halifax Saint John St. John's
Sydney Moncton
Fredericton
Office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
Mr. W. N. Hardman
Executive Vice President
The Hardman Group Limited
1226 Hollis Street
Halifax, NS
B3J 1 T6
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E21 4L1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
City of Saint John
" RESOLVED that the letter from The Hardman Group Limited expressing
concern, as Property Managers for Brunswick Square as well as five other office
and retail properties within the municipal boundaries, with the recent municipal
tax increase in the City of Saint John, as well as concern about the budget
process; and encouraging Common Council to adopt an open process of
communicating and consulting with the business community and other
stakeholders so that there are no surprises on budget day -- be received and
filed."
Yours truly,
1�LIy4
Mary L. `Munford
Common Clerk
MLM:sc
l W HARDMAN
GROUP
LIMITED
February 3, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
The City of Saint John
P.O. Box 1971
Saint John, N.B.
Your Worship and Members of Council:
1226 Hollis Street
Halifax, Nova Scotia
Canada 133J IT6
Phone (902) 429 -3743
Fax (902) 429 -0386
hardmangroup.ns.ca
We are writing to express our concerns with the recent municipal tax increase in the City of
Saint John. As Property Managers for Brunswick Square - the largest mixed use complex in the
City - as well as five other office and retail properties . within the municipal boundaries, we are of
the opinion that the recent tax increase will have a negative impact on both the marketability of
these properties as well as our ability to promote Saint John as a competitive location in the
Atlantic Canadian Real Estate marketplace.
For your information, the impact of the recent tax increase will result in Brunswick Square
paying an increase of approximately $87,000 in annual property taxes to the City of Saint John.
This figure does not include other annual amounts paid for water and sewerage as well as landfill
costs, both of which have increased in the past year in Saint John. As most Tenants in
Brunswick Square are on net leases, the increased tax and service costs get passed on directly to
these small, local businesses and will cut directly into their profitability and ability to survive.
Similarly, these business owners also know that the increased taxes will reduce the competitive
position of Brunswick Square and other properties in Saint John as a location for business and
will make the option of relocating their business outside the city boundary more attractive.
While we are very concerned about the tax increase, we are even more concerned about the
vague process and lack of communication surrounding the budget consultations in Saint John
this past year. To be a true partner in the economic development of Saint John, we encourage
Common Council to adopt an open process of communicating and consulting with the business
community and other stakeholders so that there are no surprises on budget day.
Halifax Saint John - Fredericton lvloncion - North Sydney
Her Worship Mayor Shirley McAlary
and Members of Common Council
Page 2
February 3, 1999
We thank you for your consideration of our comments. Should you wish to discuss this matter
in further detail, please do not hesitate to contact me at 902 - 429 -3743.
Sincerely yours,
The Hardman G oup Limited
A4
W. N. Har man
Executive Vice President
WNWrvp
cc: Colin Whitcomb
FA WNHIMcAIary- Mayor_wpd
FO 9 0"
,"IT, � '
Office of the Mary L. Munford
Common Clerk Common Clerk
February 22, 1999
Mr. Horst Sauerteig
88 Bedell Avenue
Saint John, NB
E2K 2C4
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
At a meeting of the Common Council, held on the 15th instant, the
following resolution was adopted, namely:-
iii'
City of Saint John
" RESOLVED that the letter from Horst Sauerteig further to his letter
considered by Council at its last meeting regarding open and closed sessions of
Council, be received and filed."
Yours truly,
Mary L. Munford
Common Clerk
MLM:sc
L'
Horst Sauerteig
88 Bedell Ave.
Saint John, E2K 2C4
To the Common Council
City of Saint John
ll.February,1999
Re.: My letter of Feb-4/99 to Council on
'Land, Lav, Labour°
Your Worship, Members of Common Council,
I feel compelled to write to you again to correct a
wrong description of the above letter in Council. On Monday
Feb.8 /99 her Worship the mayor stated that this letter
contained two subjects, one about the matter with open and
closed sessions, and the other about the Welding School at
945 Old Black River Road. This is incorrect and not borne
out by the letter itself. The name of the school is not even
mentioned in it. I wrote two letters lately:
The first on Jan.7 /99 dealt with the Welding School.
I attached copies of a letter I wrote May 1/98 on the same
subject and a letter from the Common Clerk dated May 7/98 in
order to give a complete picture of my correspondence, and
also to show that I am still waiting for a response to any
of the letters. You should have copies of these letters, and
I hope that they contribute to a solution of this problem.
I would like to take this opportunity to correct a
rulataite lei this letter. The pivotal section of th-- Com.uunitr
Planning Act requiring a review of the Municipal Plan and
the Zoning By -Law at intervals of not more than five years
is incorrectly listed as Section 2.c. This should read:
Section 72.c. I apologize for this typo.
The second letter on Feb.4 /99 dealt with "Open and
Closed Sessions ". (and has nothing to do with the first
letter). In it I made some suggestions how possibly the
'labour' item could be opened up. I also gave two examples,
one on an abuse of the closed session option, and the other
as an example how people are treated that dare to point out
shortcomings of the administration. (They are ignored). This
second example, I surmise, is what the mayor wrongly refers
to as the second item in my letter.
6
Also during this Feb.8 /99 session Deputy Major Chase
took strong exception to the first paragraph of my letter.
He stated that this was not his motion. He might be right,
but it is a surprising reversal, because he had said in the
debate during the Feb.1 /99 session that he had been advised
that the whole 'Closed Session' as presently practised could
be unlawful. And he may have a point. The increasingly
liberal interpretation of the Charter of flights, the Human
Rights Legislation as well as decisions by the Human Rights
Commission could conceivably be used to challenge this type
of closed session that is presently practiced by Council.
The whole purpose of my letter was to contribute to the
deliberations on how to make City government more open. I
realize that it is more comfortable to make decisions behind
closed doors, but times are changing. Increasingly people
assert their right to know.
Why, for example, after the City bought or sold land,
should the price not be made public? The same goes for
labour contracts, for expenses of the various committees,
for the reasons why some developers get extension after
extension and others not, how much in idle time the snow
removal scheme costs. These are examples how "Land, Law,
Labour" could be used in a more open way. I have no problem
with the policy as such.
The City Manager was asked by the mayor to reply to my
letter at the appropriate time. There was no mention that he
had been asked 9 months ago to respond to my May 1/98 letter
and simply had chosen to ignore the Council's resolve. This
information and my comments are in some length contained in
the above letter, but to all apparences his attitude went
unchallenged. As long as it is condoned that as an employee
of the City he can with impunity ignore a taxpayer as well
as Council, an open type of City government is unlikely to
evolve, and you are wasting your time talking about "Land,
Law, Labour ". Both Council and staff have to be involved in
such an endeavor.
Yours truly,
T
(H.Sauerteig)
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