1999-05-31_Agenda Packet--Dossier de l'ordre du jourA G E N D A COMMON COUNCIL - as at May 28, 1999.
1. Meeting called to order, 7:00 p.m., Monday, May 31, 1999 - prayer.
2. Approval of minutes (Tuesday, May 25, 1999).
3. Mayor's remarks.
COUNCIL
4. Re portable toilets for playing fields (Councillor Court).
5. Re Tucker Park (Councillor Ball).
CITY MANAGER
6. Banking resolutions.
7. Borrowing resolutions.
8. Re 1999 bond issue.
9. Report re tender for contract 99 -6, curb construction.
10. Re final contract value for Contract 96 -26, Marsh Creek wastewater treatment plant - replacement of
mechanical components.
11. Re imaging system upgrade, Saint John Police Force.
12. Re Martinon Playground Committee's request for cost sharing in playground.
13. Re removal of restrictive covenants from deed to The Saint John Real Estate Company Limited re
Magazine Street property.
*13A. Re licence agreement for concert in Rockwood Park.
CITY SOLICITOR
14. Proposed Traffic By -law amendment re parking on Rosedale Crescent (1st & 2nd readings given May 25,
1999).
COMMON CLERK
15. Third reading of proposed Zoning By -law amendment to re -zone property at 111 -113 McAllister Drive, and
imposing of conditions pursuant to Section 39 of the Community Planning Act (1st & 2nd readings given
May 25, 1999).
COMMITTEES /COMMISSIONS
16. Committee of the Whole report (Tuesday, May 25) - (1) re Establishment change, Corporate Services; (2)
re sale of property 55 Union Street.
GENERAL
17. Fundy Region Solid Waste Commission re expiry of three -year terms of appointments.
18. Letter from Robert Holmes- Lauder re speeding vehicles at Latimore Lake Trailer Park.
19. Request of 410 Tactical Fighter Operational Training Squadron to re- establish kinship with City.
20. Letter from New Brunswick Aboriginal Peoples Council Local 10 re Loyalist Days Festival.
21. Request of Lafarge Canada Inc. to withdraw application for re- zoning of property at 655 Latimore Lake
Road.
22. Request of Bayview Credit Union to hold barbecue in front of 57 King Street.
Page Two. COMMON COUNCIL AGENDA - as at May 28, 1999.
COMMITTEE OF THE WHOLE - 4:30 p.m.
23..5:00 p.m. - Presentation on behalf of Saint John Industrial Parks Ltd. of Industrial Parks plan.
24. 5:15 p.m. - Presentation by Local 771 of grievance regarding Kevin McCarthy (tabled May 25, 1999).
25. Re proposal to market lands (Councillor Fitzpatrick - tabled May 25).
26. Re term on Solid Waste Commission (Councillor Chase).
27. Letter from Cities of New Brunswick Association re appointments to Executive Committee.
28. Re proposed agreement for outdoor concert (City Manager).
29. Re amending terms of sale, 471 Millidge Avenue (City Manager).
30. Re sale of City land on Champlain Drive (City Manager).
31. Re land for public purposes along Mark Drive (City Manager).
32. Re risk analysis engagement (City Manager).
33. City Manager's update.
34. Mayor's update.
,aNn�ar's (Office
PROCLAMATION
WHEREAS: Saint John proudly boasts of all four major modes of transportation,
working together as an integrated system. Road and rail connect
with both air and sea, providing a seamless, invaluable network for
both residents and business users.
The sea was Saint John's original and most important transportation
link, indeed it's very lifeblood.
Today, the Port of Saint John continues that seafaring heritage,
receiving ships, goods and people from around the world, helping
to bridge differences and to foster international partnerships.
Members of the Common Council and the citizens of Saint John
join me in honoring all the men and women who work in the
transportation industry.
e
NOW THEREFORE: I, Shirley A. McAlary, Mayor of
the City of Saint John, do hereby proclaim e week o May 30 — J 5, 1999 as
"Transportation Week" in the City of Saint John.
IN WITNESS WIIEREOF I have set my hand and caused the seal of the Mayoralty of
the City of Saint John to be affixed hereto.
P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 41-1 • (506) 658 -2912
flagur's (Office
Saint Ju4n, Y_ P_
PROCLAMATION
WHEREAS: A.L.S. (Amyotrophic Lateral Sclerosis) more commonly known as
Lou Gehrig's Disease, is a fatal neuromuscular disease which can
strike anyone; and
WHEREAS: A.L.S. attacks the motor neurons that carry messages to the muscles
resulting in weakness and wasting in arms, legs, mouth, throat, etc.,
and eventually causes the victim to become completely paralyzed
— yet their mind stays entirely alert. Generally the average life
expectancy from time of diagnosis is only 2.5 years. In Canada,
approximately 5,000 to 6,000 Canadians suffer from A.L.S., and
over 1,800 people are newly diagnosed each year; and
WHEREAS: the Saint John Chapter of the A.L.S. Society of New Brunswick
was establi shed in 1992 in order to help A.L.S. patients in order to
help A.L.S. patients and their families. They will be offering blue
cornflowers throughout the city June 7th and 8th in order to raise
funds for research in support of A.L.S. Flower Days, 1999.
NOW THEREFORE: I, Shirley A. McAlary, Mayor of
the City of Saint John, do hereby procla' the month/of June, 1994 as "A.L.S.
Awareness Montle" in the City of Saint John.
IN WITNESS WBEREOF I have set my hand and caused the seal of the Mayoralty of
the City of Saint John to be affixed hereto.
P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21- 41-1 • (506) 658 -2912
CFagor's Officr.
Saint Tvr4n, �K_ .
PROCLAMATION
WHEREAS: the Canadian Red Cross is committed to ensuring the safety of all
Canadians in, on, and around the water; and
WHEREAS: the Canadian Red Cross has been helping Canadians enjoy water
related activities for more than 50 years and trains over 1.4 million
swimmers and swimming instructors each year.
a
NOW THEREFORE: I, Shirley A. McAlaA330 Mayor of
the City of Saint John, do hereby proclaim un 6, 1999 a7 " Water ater Safety
Week" in the City of Saint John and I urge all residents to become involved in water
safety programs during Water Safety Week and throughout the year.
IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of
the City of Saint John to be affixed hereto.
P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 41-1 • (506) 658 -2912
4Hagar's (Offirr
lrt~
PROCLAMATION
WHEREAS: the municipality of Saint John is committed to assisting citizens with
disabilities to participate fully in the resources of our community;
and
WHEREAS: many persons with disabilities currently face barriers in the areas
of housing, employment, transportation, recreation, education, and
communications; and
WHEREAS: citizens with disabilities of any type have a right to lead meaningful
and independent lives
NOW THEREFORE: I, Shirley A. McAla��ay , �c Mayor of
the City of Saint John, do hereby proclaim 30 — J e 5, 1 99 as " SABILTY
AWARENESS WEEK" in the City of Saint John and request the citizens to join with
our Council in recognizing persons with disabilities and their potential role in our
community.
IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of
the City of Saint John to be affixed hereto.
P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21 411 • (506) 658 -2912
City Hall
15 Market Square
May 27, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Councillors:
P.O. Box 1971
Saint john
New Brunswick
Canada E2L 4L1
T OV
i•
City of saint john
I would like to discuss with staff the establishment of portable toilets on
playing fields for young boys and girls in the followings areas: Milford Ballfield,
Quinton Heights Ballfield, and Barnhill Ballfield.
I was contacted by Dave Johnston of the Lancaster Minor Baseball regarding
this matter. I have discussed the installation of these portable toilets with
Bernard Morrison and would appreciate receiving an update from staff on this
matter.
Respectfully submitted,
- J-,,— ". —t
Ivan Court
Councillor
IC /jaf
S
City Hall
15 Market Square
OPEN SESSION
May 28, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Councillors:
Re: Tucker Park
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
.401
City of Saint John
Now that the summer recreation season is underway, ongoing complaints
regarding the operation and security of Tucker Park continue to be
brought to my attention. The question most often asked is why this
beautiful park/beach does not receive the same care and attention given
to other comparable parks within the City. The dumping of refuse,
construction and household materials, the free running dogs, drinking,
occasional camp fires, perceived drug activity and property damage
persists.
I highly commend the Recreation and Parks and Works Departments for
their superb upkeep and beautification of the parks throughout the city.
There is a great deal of excellent work being accomplished by these
departments. Tucker Park is situated in a beautiful upscale residential
section of the Millidgeville /Kennebecasis Drive area. It seems to have
fallen through the cracks.
It is understandable that the allocation of continuous manpower and
security surveillance is difficult, but some signage, structural and barrier
landscaping would go a long way to alleviate the deteriorating situation.
IIM
Suggestions from citizens concerning Tucker Park have included the
following:
- appropriate signage
- continued spot surveillance
- stone /concrete barriers for controlling in -park vehicle traffic
- construction of a solid steel entrance gate to be opened and closed
during regular City parks hours
I move that this item be referred to the Recreation and Parks and Works
Departments for immediate attention.
Respectfully submitted,
alter Ball
Councillor
WB /jaf
REPORT TO COMMON COUNCIL
M & C 99 -183
May 28, 1999
Her Worship Shirley A. McAlary
And Members of Common Council
SUBJECT: BANKING RESOLUTIONS
BACKGROUND:
City of Saint john
In conjunction with the operation of the City's bank accounts with the Bank of Nova
Scotia and the Bank of Montreal, the Banks require certain resolutions to be passed by
Common Council.
Contained within these resolutions is a section concerning signing officers. As a result
of the staffing changes made in March, 1999, it is necessary to modify the existing
banking resolutions to reflect the actual staffing structure It is desirous to have five
signing officers to facilitate cheque signing in those instances when the existing signing
officers are absent from City Hall.
The attached resolution has been modified to add the Assistant Comptroller as a signing
officer.
RECOMMENDATION:
It is recommended that Common Council adopt the attached resolutions for the Bank of
Nova Scotia and the Bank of Montreal.
Respectfully submitted,
fIL,
Beckett,
16-r-bt F i i
Terrence L. Totten, C
City Manager
RESOLUTIONS AS TO THE CITY OF SAINT JOHN BANK ACCOUNTS WITH
THE BANK OF NOVA SCOTIA
RESOLVED:
A. That the resolutions dated August 24, 1998 relating to the operation of
bank accounts for the City of Saint John with the Bank of Nova Scotia be
and is hereby rescinded.
AND
RESOLVED
B. 1 That accounts in the name of the City of Saint John (herein called the
"City ") and bearing the following names and numbers shall be kept at the
Bank of Nova Scotia:
Pension Fund
55 -17
Operating Account
0053 -12
Payroll Account
0001 -16
US Dollar Account
1864 -14
Employee Purchase Account
0361 -10
Treasury Account
0106 -18
Hydro (Transfer Account)
0034 -17
Payroll Reject Account
0102 -19
Pension Payroll Reject Account
0122 -11
City of S.J. (Bond Account)
14 -14
City of S.J. Meal Purchase
626 -18
B. 2 That any two of the:
Commissioner of Finance
Deputy City Manager
Comptroller
Assistant Comptroller
Budget Officer
be and are hereby authorized on behalf of the City:
(a) To borrow money from the Bank of Nova Scotia upon credit of the City on
cheques, promissory notes, bills of exchange or otherwise in such
amounts and subject to such terms as may be considered advisable;
PAGE TWO
RESOLUTIONS (cont'd.)
(b) To sign, make, draw, accept, endorse, execute and deliver on behalf of
and in the name of the City all such cheques, promissory notes, bills of
exchange, drafts, acceptances, orders for the payment of money,
warehouse receipts, bills of lading, agreements to give security,
assignments, transfers, conveyances, hypothecs, mortgages, pledges,
securities and other agreements, documents and instruments as may be
necessary or useful in connection with the borrowing of money and other
banking business of the City.
3. That any one of:
Commissioner of Finance
Deputy City Manager
Comptroller
Assistant Comptroller
Budget Officer
be and is hereby authorized by the City:
(a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or
discount with or collection by the Bank (but for the credit of the City's
accounts only) cheques, promissory notes, bills of exchange, drafts,
orders for the payment of money and other instruments, whether
negotiable or not, purporting to be signed or endorsed on behalf of the
City by any one of them or having the name of the City impressed thereon
by rubber stamp or other devise without any signature;
(b) To arrange, settle, balance and certify all books and accounts between the
City of Saint John and the Bank and to receive all paid cheques and other
vouchers, unpaid and unaccepted bills of exchange and other negotiable
instruments and to sign the Bank's form of settlement of balances and
release;
(c) To delegate any authority conferred on such person by sub - paragraphs
(a) and (b) of this paragraph by any other employee of the City, by notice
in writing filed with the Bank.
PAGE THREE
RESOLUTIONS (cont'd.)
4. That all agreements, documents and instruments signed, drawn,
accepted, endorsed or executed as aforesaid shall be valid and binding on
the City.
5. That the City shall furnish the Bank with a list of names of all persons
authorized by this Resolution to do any act or thing, together with the
specimens of their signatures, and shall notify the Bank from time to time
in writing of all changes of such persons; and such list when received by
the Bank shall be binding on the City until written notice to the contrary
shall have been given to the Bank and receipt of such notice
acknowledged by the Bank
6. That this Resolution shall be communicated to the Bank and shall
continue in force as between the City and the Bank until written notice to
the contrary shall have been given to the Bank and receipt of such notice
acknowledged by the Bank.
C. 1 That notwithstanding Resolution B.2 (b), the Bank of Nova Scotia is
authorized and directed to pay any and all cheques, promissory notes,
bills of exchange or otherwise against the said accounts which may be
presented for payment bearing the facsimile signature impressed thereon
by mechanical means to all intents and purposes as though such
signatures had been signed by the said Officers in their own handwriting
and duly issued by them with the authority and on behalf of the City of
Saint John.
C. 2 That in consideration of the Bank of Nova Scotia's paying or negotiating
cheques, promissory notes, bills of exchange or otherwise, issued on
behalf of The City of Saint John and bearing the mechanically imprinted
facsimile signatures of the Commissioner of Finance and the Comptroller,
the City of Saint John will and does hereby undertake to hold the Bank of
Nova Scotia harmless from and indemnified against all loss, costs,
damages and expenses arising out of the payment or the negotiation of
any cheque, promissory note, bill of exchange or otherwise on which the
facsimile signatures have been wrongfully impressed.
RESOLUTIONS AS TO THE CITY OF SAINT JOHN BANK ACCOUNTS AND
SECURITIES WITH THE BANK OF MONTREAL
RESOLVED:
1. That the resolution dated August 24, 1998 concerning the signing officers
for the City of Saint John Bank Accounts and Securities with the Bank of
Montreal be and is hereby rescinded and the following resolutions be
adopted in their stead: -
2. That all cheques of the Municipal Corporation of the City of Saint John
(herein called the "CITY ") drawn on the following accounts:
7000 — 098
Sinking Fund
5067— 467
O'Connell Trust
5067— 475
Tucker Trust
5067- 483
Ross Memorial Trust
5067-491
Stockford Memorial Trust
5067- 520
Recreation Development Fund
5067— 547
Land Subdivision Trust
5067 —555
Equipment Replacement Fund
5067 —563
A. Carle Smith Trust
shall bear the signature of any two of the following officers:
Commissioner of Finance
Deputy City Manager
Comptroller
Assistant Comptroller
Budget Officer
3. That notwithstanding Resolution No. 2, the Bank of Montreal is authorized
and directed to pay any and all cheques against the said accounts which
may be presented for payment bearing the facsimile signatures impressed
thereon by mechanical means to all intents and purposes as though such
signatures had been signed by the said officers in their own handwriting
and duly issued by them with the authority and on behalf of the City of
Saint John
PAGE TWO
RESOLUTIONS (cont'd.)
4. That in consideration of the Bank of Montreal's paying or negotiating
cheques issued on behalf of the City of Saint John and bearing the
mechanically imprinted facsimile signatures of the Commissioner of
Finance and the Comptroller, the City of Saint John will and does hereby
undertake to hold the Bank of Montreal harmless from and indemnified
against all loss, costs, damages and expenses arising out of the facsimile
signatures having been wrongfully impressed.
5. That the Commissioner of Finance, Deputy City Manager, Comptroller,
Assistant Comptroller or Budget Officer of the City of Saint John be and
are hereby authorized for and on behalf of the City to negotiate with,
deposit with or transfer to the Bank of Montreal (but for credit of the said
City's accounts only) all or any bills of exchange, promissory notes,
cheques or orders for payment of money and other negotiable papers and
for the said purposes to endorse the same or any of them on behalf of the
City either in writing or by rubber stamp.
6. That the Commissioner of Finance, Deputy City Manager, Comptroller,
Assistant Comptroller or Budget Officer are hereby authorized for and on
behalf of the said City from time to time to arrange, settle, balance and
certify all books and accounts between the said City and the Bank; and to
receive cheques and vouchers, unpaid and unaccepted bills of exchange
and other negotiable instruments and to sign the Bank's forms of
settlement of balance and release.
7. That any two of the following officers, namely; Commissioner of Finance,
Deputy City Manager, Comptroller, Assistant Comptroller or Budget
Officer be and are hereby authorized for and on behalf of the said City to
obtain delivery from the said Bank of all or any stocks, bonds and other
securities held by the said Bank in safekeeping or otherwise for the
accounts of the City and to give valid and binding receipts therefor.
8. That this resolution be communicated to the said Bank and remain in force
until written notice to the contrary shall have been given to the Manager
for the time being at the Branch of the Bank at which the accounts of the
said City are kept and receipt of such notice duly acknowledged in writing.
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C99 -182
May 28, 1999
Her Worship Shirley A. McAlary
And Members of Common Council
Your Worship and Councillors:
SUBJECT: BORROWING RESOLUTIONS
BACKGROUND:
M
City of Saint John
The Bank of Nova Scotia has requested certain resolutions to be passed by
Common Council to formalize the line of credit with the City. Council passed the
required resolutions for 1999 on February 15, 1999. This amendment is required
to include the recently added position of Assistant Comptroller as a signing
officer.
ANALYSIS:
The City has had an $11,200,000 line of credit with the Bank of Nova Scotia for a
number of years. This amount represents $3,200,000 for general operating
purposes and $8,000,000 for bridge financing on capital expenditures. It is most
unlikely that actual borrowings will reach these combined levels, but there is no
harm in having the credit limits in place as a precautionary measure.
y - L.1
PAGE TWO
RECOMMENDATIONS:
It is recommended that for general operating purposes:
1. That the Commissioner of Finance is hereby authorized to borrow, on behalf
of the City of Saint John (the Corporation), from the Bank of Nova Scotia
(The Bank) from time to time by way of promissory note, a sum or sums not
exceeding at any one time three million two hundred thousand dollars
$3,200,000) to meet current expenditures of the Corporation for the year
1999;
2. That any two of the Commissioner of Finance, the Deputy City Manager,
Comptroller, Assistant Comptroller or the Budget Officer are hereby
authorized to sign on behalf of the Corporation and to furnish to the Bank
from time to time a promissory note or notes sealed with the corporate seal
for the sum or sums so borrowed with interest at such rate as the bank may
from time to time determine;
3. That the Commissioner of Finance is hereby authorized and directed to
furnish to the Bank at the time of each borrowing and at such other times as
the Bank may from time to time request, a statement showing the nature and
amount of the estimated revenues of the current year not yet collected or
where the estimates for the year have not been adopted, a statement
showing the nature and amount of the estimated revenues of the Corporation
as set forth in the estimates adopted for the next preceding year and also
showing the total of any amounts borrowed in the current year and in any
preceding year that have not been repaid, and
4. That the Commissioner of Finance is hereby authorized and directed to apply
in payment of all sums borrowed from the Bank, with interest thereon, all of
the monies hereafter collected or received on account or realized in respect of
the taxes levied for the current year and for any preceding years and all of
the monies collected or received from any other source.
PAGE THREE
RECOMMENDATIONS (cont'd.)
4. And it is further recommended that for the purposes of bridge financing on
Capital Expenditures. That the City of Saint John establish a revolving term
loan to bridge finance capital expenditures to a maximum of $8,000,000 and
the Commissioner of Finance be authorized to borrow from the Bank to the
specified limit, and
5. That any two of the Commissioner of Finance, the Deputy City Manager,
Comptroller, Assistant Comptroller or Budget Officer are hereby authorized to
sign on behalf of the Corporation and to furnish to the Bank from time to
time a promissory note or notes sealed with the corporate seal for the sum or
sums so borrowed with interest at such rate as the Bank may from time to
time determine, and
6. That any two of the Commissioner of Finance, the Deputy City Manager,
Comptroller, Assistant Comptroller or the Budget Officer are hereby
authorized to sign on behalf of the Corporation and to furnish to the Bank an
Agreement or Agreements under the seal of the Corporation providing for
payment to the Bank of all amounts required to be paid by the Bank pursuant
to each promissory note of the Corporation guaranteed by the Bank with
interest at such rate as the Bank may from time to time determine and of a
guarantee fee in respect of each such promissory note at such rate as the
Bank may from time to time determine.
Respectfully submitted,
Terrence L. Totten, C.A.
City Manager
8 REPORT TO COMMON COUNCIL
OPEN SESSION
M & C 99 -181
May 28, 1999
Her Worship Mayor Shirley McAlary
And Members of Common Council
Your Worship and Councillors:
SUBJECT:
BACKGROUND:
1999 BOND ISSUE
City of Saint john
The New Brunswick Municipal Finance Corporation is planning a bond issue in the near
future. While the issue will not be sold until the Corporation feels that rates are
reasonable, they have provided ranges within which the issue could be sold. These are as
follows:
Interest Rate: Not to exceed an average of 7.25%
Price, Net: Not to be less than $98.00 per $100.00 of debenture
Term: Serial form to mature in equal annual amounts over
a term not to exceed 10 years.
The City reported a need to borrow $16,480,000 to Council on April 16, 1999. Since that
time, Saint John Energy has decided not to refinance $1,006,000 in debt. Therefore, the
total borrowing requirements have been reduced to $15,474,000. It is recommended that
the following be adopted.
Page 2
M &C99 -181
RECOMMENDATION:
Whereas occasion having arisen in the public interest of the following public civic works
and needed civic improvements, that is to say: (Details to be read from Purposes of the
Issue attached.)
1. Therefore resolved that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the
amount of $15,474,000.
2. And further that subject to paragraph 4 of this resolution, the Commissioner of
Finance be authorized to issue and to sell to the New Brunswick Municipal
Finance Corporation (the "Corporation ") a City of Saint John bond or debenture
in the principal amount of $15,474,000 on such terms and conditions as are
recommended by the Corporation.
3. And further that the City of Saint John agrees to issue post -dated cheques to the
Corporation in payment of principal and interest charges on the above bond or
debenture as and when they are required by the Department of Municipalities,
Culture and Housing.
4. And further that the Commissioner of Finance be hereby authorized to receive an
offer in connection with the foregoing debentures at a price not less than $98 per
$100 of debenture, at interest rates not to exceed an average of 7.25% and at a
term not to exceed 10 years.
And further that the Commissioner of Finance report to Common Council the
exact values for price per $100 of debenture, interest rate and term in years,
together with the date of the issue.
y submitted,
?A�
'.Beckett, C
Terrence L. Totten, C.A.
City Manager
The City of Saint John
Proposed Issue of Debentures
To be Dated on or After May 19, 1999
Purpose of Issue
GENERAL FUND
General Government
Protective Services
Transportation Services
Environmental Health
Environmental Development
Recreation and Culture
2,037,000
566,000
2,325,000
717,000
2,873,000
162,000
WATER & SEWERAGE UTILITY
Water System $ 3,748,000
Sewer System 2,282,000
Public Transit
$6,030,000
764,000
$15,474,000
REPORT TO COMMON COUNCIL
M &C -99 -189
May 27, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Members of Council,
SUBJECT:
CONTRACT 99 -6: CURB CONSTRUCTION
BACKGROUND
City of saint John
The 1999 Capital Program for Transportation includes a number of
projects which contain provision for concrete curb and sidewalk
construction. Staff have assembled a group of projects in which the
curb is to be constructed by the Contractor and the sidewalk by City
forces. The attached list indicates the various projects included in
the contract.
The work consists generally of the supply of all necessary labour,
materials and equipment for the construction of approximately 2,641
lineal metres of concrete curb and sub -base preparation of
approximately 2,128 lineal metres for sidewalk. Sidewalk is to be
constructed by City forces. Also included in this contract is renewal
of 23 water service boxes plus appurtenances, associated drainage
control including precast concrete manholes, catch basins and other
related work.
TENDER RESULTS
Tender closed on May 26, 1999, with the following results:
1) Nautilus Construction & Rentals Ltd.
Saint John, N. B. $252,513.99
2) Fairville Construction Ltd.
Saint John, N. B. $260,945.80
The Engineer's estimate for the work was $250,800.00.
M &C -99 -189
Contract 99 -6
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be
formal in all respects. Staff are of the opinion that the low tenderer
has the necessary expertise and the resources to perform the work.
FINANCIAL IMPLICATIONS
The contract includes work that is charged against several different
Capital work programs. Assuming award of the contract to the low
tenderer, an analysis has been completed which included the
estimated amount of work on these various individual projects that
will be performed by City forces and by others.
The analysis concludes that sufficient funds are included in the
Transportation Capital Program to cover the planned work.
RECOMMENDATION
It is recommended that Contract 99 -6: Curb Construction, be
awarded to the low tenderer, Nautilus Construction & Rentals Ltd.,
at their tender price of $252,513.99, as calculated based upon
estimated quantities and further that the Mayor and Common Clerk
be authorized to execute the necessary contract documents.
submitted,
y
h
roo y, g.
ioner, Municeal Operations
Terrence L. Totten, C.A.
City Manager
M &C -99 -189
Contract 99 -6
Page 3
CONTRACT 99 -6
CURB CONSTRUCTION
LIST OF STREETS
1. Burpee Avenue Rockland Road to Mount Pleasant Avenue
2. Champlain Drive Sherwood Drive to Champlain Heights School
3. Guilford Street Ludlow Street to Watson Street
4. Hickey Road Loch Lomond Road to Simonds High School
Entrance
S. Parkwood Avenue Civic No. 124 to Sandy Point Road
(formerly known as
Park St. Extension)
6. Russell Hill Road Balmoral Crescent to Green Head Road
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REPORT TO COMMON COUNCIL
M & C 99-185
May 25, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Members of Council,
SUBJECT:
Contract 96 -26: Marsh Creek Wastewater Treatment Plant
Replacement of Mechanical Components
BACKGROUND
:�`
City of Saint John
On January 20, 1997, Common Council approved the following
recommendation:
"It is recommended that Contract 96 -26: Marsh Creek
Wastewater Treatment Plant - Replacement of Mechanical
Components be awarded to the low tenderer, Fairville
Construction Ltd., at their tender price of $286,200.00 as
calculated based upon estimated quantities, and further that
the Mayor and Common Clerk be authorized to execute the
necessary contract documents ".
ANALYSIS
The Contractor, Fairville Construction Ltd. substantially completed
the work under this contract on May 1, 1997. The final quantities
based on field measurements and summary of changes to the
contract have been calculated and agreed upon by the Engineer and
the Contractor in accordance with the City's specification.
This contract is a unit price contract and is based on a Schedule of
Quantities and unit prices. The tender price of $286,200.00 was
calculated based upon the Engineer's estimated quantities. The final
M &C -99 -185
Contract 96 -26
Page 2
ANALYSIS - Cont'd.
contract value based on the final quantities together with the
additional work done or changes made is calculated at $303,586.79.
The difference between the final contract price and the tender price
is $17,386.79. The increase in contract value is due to twelve
additional work items that were completed by the Contractor, at the
request of the Engineer, and one Change Order to the contract to
cover additional costs to Contractor due to tax change from GST to
HST on April 1, 1997. See attached Summary of Changes to
contract. The tax adjustment was made in accordance with contract
specifications Clause 2.17(e) which states: "Any increase or decrease
in costs to the Contractor due to changes in such taxes or duties
after the date of the tender closing, shall increase or decrease the
value of the contract accordingly ".
As stated previously the date of Substantial Completion for this
contract was May 1, 1997. The reason for the delay in finalizing the
quantities of Contract 96 -26 with the Contractor was due essentially
to a difference in opinion between the City and the Contractor over
the interpretation of the above specification, Clause 2.17(e). The
Contractor researched the tax adjustment thoroughly and on May 7,
1999 the Contractor agreed with the City's interpretation of Clause
2.17(e) and the contract quantities were finalized.
FINANCIAL IMPLICATIONS
Contract 96 -26 was included in the 1997 Sanitary Capital Program
and was budgeted at $313,000.00. A review of the budget for this
Capital project indicates that the funds are available to cover these
costs to the project without overspending the approved budget of
$313,000.00.
M &C -99 -185
Contract 96 -26
Page 3
RECOMMENDATION
It is recommended that Common Council approve the added
expenditure of $17,386.79 on Contract 96 -26 for a final contract
value of $303,586.79.
v
submitted,
Y, P Ens.
ner, Municip operations
Terrence L. Totten, C.A.
City Manager
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REPORT TO COMMON COUNCIL
Open Session
M & C 99 -191
May 31, 1999
Her Worship Shirley A. McAlary
And Members of Common Council
Your Worship and Councillors:
SUBJECT: Imaging System Upgrade
Saint John Police Force
BACKGROUND
;R Ai
City of Saint John
Since 1994, the Saint John Police Force has been utilizing an application known as
Compu- Capture, supplied by Digital Descriptor Systems Inc. of Langhorne,
Pennsylvania, to capture mugshots. This system is interfaced with the HTE Crimes
Reporting System; currently in excess of 15,000 images are stored on -line.
This system is not Year 2000 compliant. Further, with the recent upgrade of the
Crimes Reporting system to make it Year 2000 compliant, the Imaging System is
unable to be utilized and has been taken out of service.
The purpose of this report is to request Council's approval to acquire the necessary
upgrades to the imaging system application and associated hardware to make it Year
2000 compliant.
ANALYSIS
The Imaging System application is an integral part of the Police Force's investigative
capabilities. The unavailability of the system requires the Force to use less efficient
and effective tools for this purpose.
-Organizational changes in 1998 resulted in the support for the computer services and
applications used by the Police Force being provided by the Information Systems and
'Support Division of Corporate Services. This includes maintaining and upgrading the
applications used by the Force, including the Imaging System. Because of this, the
ISS group and not the Police Force are presenting the current request.
M & C 99 -191
May 31, 1999
Page 2
FINANCIAL IMPLICATIONS
While the initial proposal for items for the 1999 Capital Budget included funding for
the Imaging System upgrade, the approved budget does not. Therefore the approval of
the recommendation will require funding to be found within the current budget to
accommodate this expenditure.
INPUT FROM OTHER SOURCES
This matter has been discussed with the Chief of Police who is aware of the process
being followed. The Commissioner of Finance has indicated that adequate funding
will be available within the 1999 Capital budget to cover the associated costs.
RECOMMENDATION
It is recommended that Common Council approve the purchase of the necessary
application upgrades, associated hardware and installation services, for the Compu-
Capture Imaging System used by the Saint John Police Force, from Digital Descriptor
Systems Inc. of Langhorne, Pennsylvania at a cost of $16,000 (US)
Submitted,
w.li. iocta
Director, Information Systems and Support
Zrlei ckett
ommi inner, rporate rvices
Terrence L. Totten, C.A.
City Manager
/L
REPORT TO COMMON COUNCIL
M &C 99 -180
May 24, 1999
Her Worship Mayor Shirley McAlary
And Members of Common Council
Your Worship & Councillors:
SUBJECT: Martinon Community Playground
BACKGROUND:
City of Saint John
On May 3, 1999, Council considered a request from representatives of the Martinon
Community Playground Committee for the City to cost share in the development of a
playground constructed to CSA Standards on the Centre property.
The playground committee advised that the project was estimated to cost $38,651.54 and
that the committee had raised to date $17,349.98 in cash and $2,000.00 as services -in-
kind, for a total of $19,349.98. The committee has requested the City to match one -half
the total project cost ($19,325.77) from the Land for Public Purposes Trust Fund.
ANALYSIS:
The request for funding from the land for Public Purposes Trust Fund is appropriate, as
this trust has been used to fund similar projects.
This request is different in one respect in that the land for the proposed playground
development is privately owned by the Martinon Community Club Limited, having been
acquired in 1946. The City is in possession of a copy of the deed for the property. The
Martinon Community Club Limited operates under the name Martinon Recreation
Centre. The City has a copy of the "Certificate of Business Name."
The City has been a supporter of the Martinon Recreation Centre and provides the group
with a small "Facility Assistance Grant" for the operation of its building.
'?� -- - -1
M &C
May 24,1999
Page 2 of 3
Although this playground is on private land, the Martinon Recreation Centre, Board of
Directors has passed the following resolution:
"In the event and in consideration of the City of Saint John granting the Martinon
Community Recreation Centre, the $19,325.77 in funds from the Land for Public
Purposes Trust be used for the purchase and installation of a playground unit, the
playground at The Martinon Community Recreation Center, shall at all times be
open for the recreational use and enjoyment of the general public."
This is similar to the resolution passed by the Boys and Girls Club of Saint John.
The Martinon Community Recreation Centre Playground Committee has raised a total of
$19,349.98 including services in kind. A large donation of $15,000.00 has been
committed from the Fundy Future Environment and Benefits Council. Historically, the
City has adopted the practice that the community group undertaking the project
development should fund approximately 50% of the cost of the total project. In other
projects, large donations from service clubs and foundations have been part of the
community's funding.
Staff is supportive of the request. All equipment and work will meet CSA Standards.
EXISTING CITY POLICY:
Council, on November 6, 1997, adopted a policy concerning use of Land for Public
Purpose Funds. It is the policy of the City that monies from the trust must be utilized in
accordance with recreation and public uses outlined in the Community Planning Act.
The use of funds for the project in consideration fully meets this Policy.
INPUT FROM OTHER SOURCES:
The Parks Division is in favour of this project because it is an addition to an existing
playground site, which is maintained by the City.
The Finance Department advises that the current balance in the Land for Public Purposes
Trust Fund easily meets the proposed funding for this project.
School District #8 advises that the current enrollment of Morna Heights School is 134
students. This is the closest school to Martinon.
The Planning Department has advised that there are 130 children under the age of 15 in
the immediate area.
M &C
May 24,1999
Page 3 of 3
FINANCIAL IMPLICATIONS:
The funding would be provided from the L.P.P. Trust Fund in the amount of $19,325.77.
RECOMMENDATION:
It is recommended that Council:
1. Support the development of the Martinon Community Playground as proposed to
Council on May 3, 1999; and
2. Authorize that the City of Saint John contribute up to $19,325.77 from the L.P.P.
Trust Fund in support of the playground development on lands owned by the
Martinon Community Club Limited.
Respectfully submitted,
Bernie Morrison
Director
Recr
( s
Willi M. Butler, P. ng.
Co sioner
o Serv' s
.P1V ¢-
Terrence L. Totten, C.A.
City Manager
/3
REPORT TO COMMON COUNCIL
OPEN SESSION
M & C 99 -187
May 31, 1999
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT
Removal of Restrictive Covenants from deed to
The Saint John Real Estate Company Limited
Magazine Street
BACKGROUND
.16.i
City of Saint John
In 1962 the City sold three parcels of land located on Magazine Street to Saint
John Real Estate Company. Parcel B is the site of Fort Howe Apartments.
Parcels A and C are now owned by Corporation 1906 Inc. Corporation 1906
Inc has an agreement to sell Parcel C to the Carleton Congregation of
Jehovah's Witness. Council recently rezoned this property for the construction
of a church.
The deed contained a number of restrictive covenants primarily aimed at
ensuring that the existing Fort Howe Apartments building was built in a
timely manner and in accordance with plans approved by the City. These
restrictions, by virtue of being part of the lands deed, apply to Parcels A and
C. No specific development plans for Parcels A and C were included in the
1962 review and sale of the three parcels of land.
In 1964 Council approved the removal of these restrictions as they applied to
Parcel B to facilitate a change of ownership of Fort Howe Apartments. At that
time, the building was completed and all the conditions intended to ensure its
construction were met. The current owners have requested that the covenants
as they still apply to Parcels A and C be removed.
Report to Common Council
May 31, 1999
Page 2
Staff have reviewed the request and is of the opinion that with the pending
construction of a church on Parcel C and the limited potential for the
development of Parcel A due to its topography, there is no reason to continue
the restrictive covenants.
RECOMMENDATION
Your City Manager recommends that Council authorize the Mayor and
Common Clerk to sign the necessary documents to remove the covenants
applicable to Parcels A and C contained in agreement dated May 1, 1962
between the City of Saint John and The Saint John Real Estate Company
Limited and /or its successor Corporation 1906 Inc.
Respectfully submitted,
� . e Q.
Sid Lodhi, P. Eng.
Manager
Real Estate and Facility Management
D �
. Claude MacKinnon, P. EN.
virouadienl_& Develoft6ent Services
Terrence Totten, C.A.
City Manager
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REPORT TO COMMON COUNCIL
REVISED REPORT SHOWING CHANGE IN CORPORATE NAME
COMMITTEE OF THE WHOLE
M & C 99 -192
May 31, 1999
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT: Proposed Agreement with 502121NBLTD
BACKGROUND:
7`M
City of Saint John
Previously in Committee of the Whole, Council has approved in principle granting a licence to
Lee Livingston Concerts to conduct an outdoor concert in Rockwood Park, on July 1, 1999. The
actual corporate entity is 502121NBLTD.
Appended for Council's consideration is a draft licence prepared by staff which has been agreed
to by 502121NBLTD. This licence has been reviewed by the legal department.
Staff requests that if Council approves the draft agreement that it be brought to open session on
May 31, 1999 to provide time for both parties to complete all necessary actions.
RECOMMENDATION:
It is recommended that Common Council approve the proposed licence between the City of Saint
John and 502121NBLTD, relative to the presentation of an outdoor concert in Rockwood Park
on July 1, 1999, and authorize the Mayor and Common Clerk to execute the agreement.
Respectfully submitt
W P.Eng.
ner, Co ty Services
Terrence Totten, C.A.
City Manager
PROPOSED Concert Agreement Rockwood Park Approved by 502121NBLTD
29/05/99
THIS AGREEMENT made this day of , A.D. 1999.
BETWEEN:
The City of Saint John, of the County of
Saint John in the Province of New
Brunswick, a body corporate by Royal
Charter, hereinafter called "the City ",
Of the First Part
-and-
502121NBLTD, a body corporate, of Saint
John in the province of New Brunswick,
hereinafter called the "Licencee ",
Of the Second Part
In this agreement, unless the context otherwise requires, the following words have
the meanings hereinafter set out:
"Council" means the Common Council of the City of Saint John.
"Concert site" means the area in Rockwood Park at Fisher Lakes
contained within the area highlighted in bold on the plan attached as Appendix "A"
The said Concert site may be delineated on the ground by the Licencee by use of
temporary markings or fencing. If there is any dispute as to the interpretation of the
ground marking relative to the plan, the decision of the Commissioner of Community
Services shall prevail.
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. The parties hereto agree that this agreement is to be and constitutes a license, and
that the laws of the Province of New Brunswick regarding same shall apply to this
contract.
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2. The City agrees to permit the use and occupancy of the Concert site for an
outdoor music concert to the Licencee for the basic rental of $1.00 per ticket sold,
however, in any case, not less than a minimum of $ 5,000.00 (five thousand dollars).
The minimum rental fee of $5,000.00 shall be paid to the Commissioner of Finance of the
City of Saint John prior to 12 noon on June 29, 1999. Failure to pay the rental fee will
void this agreement.
3. The term of occupancy shall be from June 30, 1999 at 8:00 A.M. to July 2, 1999
to 5:00 P.M. No music may be played after the hour of 9:15 P.M. All reference to time
refers to "Atlantic Daylight time."
4. The Licencee acknowledges and undertakes to abide by all federal and provincial
laws and all by -laws of the City of Saint John which are in force at the time of the
execution of this agreement, or which may be ordained and passed before or during the
occupancy.
5. The Licencee shall determine the amount and pay to the proper authority, when
applicable, all fees, charges or royalties properly due to Capital Composers, Authors and
Publishers Association of Canada Limited and/or to Performing Rights Organization of
Canada Limited in accordance with the Copyright Act, Ch. C -30, R.S.C., 1970, as
amended. Said fees, charges or royalties are the sole responsibility of the Licencee.
6. The Licencee agrees to provide at its cost the following services and facilities in
relation to this tenancy:
(a) the set up and operation of concession areas;
(b) the set up and tear down of portable washroom facilities;
(c) appropriate and suitable trailer to house administration, performers, support staff,
etc.;
(d) necessary stage installation;
(e) booking and contractual arrangements of all acts to perform during the tenancy;
(f) all promotions, advertising and publicity associated with any and all of the acts to
perform during this tenancy;
(g) all travel expenses, accommodations, meals, etc., for all personnel involved with
this tenancy;
(h) All technical and administrative support, including but not limited to stage hands,
concession vendors, ticket sales personnel, ushers, security personnel, parking
attendants, first aid and medical services..
3
7. The Licencee shall not, at any time, alter or change, structurally or otherwise, any
part of the Site, or any equipment belonging thereto without the prior written permission
of the Commissioner of Community Services. THERE SHALL BE NO REMOVING,
CUTTING, PRUNING, LIMBING OR ANY OTHER CHANGES TO TREES WITHIN
OR OUTSIDE THE CONCERT SITE.
8. The Licencee will provide, at its expense, Extra Duty Police Officers, for the
purpose of maintaining good order. The number and hours of duty of these Extra Duty
Police Officers, is to be determined by the Chief of Police - Saint John Police Force. All
other security personnel required for this tenancy will be determined in liaison between
the Licencee and the Chief of Police. All security costs are the responsibility of the
Licencee. As a minimum between the hours of 10:00 A.M. and 10:00 P.M. the Licencee
shall provide security at the following locations on July 1, 1999: the intersection of
Arrow Walk Road and Hawthorne Ave. Extension (A); the entrance gate to Rockwood
Park on Hawthorne Ave. Extension (B); the most easterly gate of the Loop Road (D). The
locations noted as A,B, and D are as shown on the plan Appendix "A ".
9. The Licencee will clean up the Concert Site before 3:00 PM on July 2, 1999. As
security for faithful performance of this covenant, the Licencee will provide to the City
prior to 12 noon on June 29,1999 a deposit of $5,000 (five thousand dollars) which will
be refunded upon site clean-up, and damage repair, which is to the satisfaction of the
Commissioner of Community Services.
10. The Licencee is authorized to sell and serve alcoholic beverages at the Concert
site in a restricted area. The Licencee shall fully comply with all laws and regulations of
the Province of New Brunswick regarding the sale and serving of alcoholic beverages.
11. The Licencee will indemnify and save harmless the City of Saint John from all
liabilities, fines, suites, claims, demands or actions of any kind or nature to which the
City shall or may become liable for or suffer by reason of any breach, violation or non-
performance by the Licencee of any covenant, term or provision hereof, or by reason of
any injury or death resulting from, occasioned to or suffered by any person or persons or
any property by reason of any act, neglect or default of the part of the Licencee or any of
its agents, employers, customers, guests or invitees such indemnification in respect of any
such breach, violation or non - performance, damage to property, injury or death occurring
during the term of the lease shall survive any termination of this lease, anything in this
lease to the contrary notwithstanding. The Licencee shall, before occupying the said
Rockwood Park Concert Site, deliver proof of financial responsibility, by filing with the
Commissioner of Finance, a standard public liability insurance policy covering the City
of Saint John as an additional insured in an amount not less than two million dollars
($2,000,000), all inclusive limits. The Licencee shall as well provide the Commissioner
of Finance with proof of tenant's legal liability coverage to a limit of two million dollars
($2,000,000). THE CERTIFICATE OF INSURANCE SHALL CLEARLY STATE
THAT COVERAGE IS PROVIDED FOR THE SALE OF ALCOHOLIC BEVERAGES.
4
12. Where there is any conflict in the terms of this agreement with any by -law of the City
of Saint John, the by -law shall prevail.
13. The Licencee agrees that the said premises shall be used and occupied for the primary
purpose of presenting an "outdoors musical concert." The Licencee is permitted to
operate and conduct sales and concessions within the Concert site only.
14. It is further understood by the Licencee that the Commissioner of Community
Services is vested with the authority to determine during the term of this agreement the
number of persons in possession of proper identity as employees (of the Licencee) who
shall be admitted to the site without admission fee.
15. If any notice is required to be served by the City upon the Licencee to give effect
to any provision of this agreement, such notice shall be in writing and shall be delivered
in person or by prepaid courier, or mailed by certified or registered mail, return receipt
requested , with postage prepaid. Notice to the City shall be address to: The Common
Clerk, City of Saint John, 15 Market Square, P. O. Box 1971, Saint John, N.B., E21, 4L1.
Notice to the Licencee shall be addressed to Lee - Livingston Concerts Inc., 133
Westmount Drive, Saint John, N.B., E2K 5GL
16. No property belonging to the Licencee shall be taken onto the site without prior
approval. The Licencee shall provide a list of equipment which it intends to use for the
purposes stated in this agreement to the Commissioner of Community Services by June
25, 1999, 12 noon. The prior written permission of the Commissioner of Community
Services must be received prior to taking any equipment to the concert site.
17. Notwithstanding anything in this agreement written, the Council may, by resolution,
with cause, either before or during the occupancy of the said Licencee, cancel, annul, and
terminate this agreement. Any amendment or alteration by such resolution shall
immediately be considered a term and condition of this agreement, and as fully and
effectually as if it were written herein. Such resolution shall not become a term or
condition of this agreement, until served upon the said Licencee.
18. During the occupancy, the Licencee shall keep the said site in a clean condition as to
be satisfactory to the Commissioner of Community Services. Any condition of
uncleanliness shall be removed immediately by the Licencee upon direction to the
Licencee by the said Commissioner of Community Services.
19. The Licencee shall ensure portable toilets are maintained in good operating order and
kept clean throughout the term of occupancy.
20. The Licencee shall pay the cost of the City providing additional lifeguards at
Fisher Lakes on July 1, 1999. An additional eight lifeguards will be engaged between the
hours of 12 noon and 10:00 P.M. at a cost of $800.00. Pre - payment of $800.00 shall be
made to the Commissioner of Finance before 12 noon on June 29, 1999. The Licencee
shall provide security to enforce no swimming within the concert site. The Licencee shall
also provide security outside the Concert site at Fisher Lakes to enforce no swimming,
outside the designated swimming area.
21. The payment of the sum herein provided for the Licencee of the site shall not
include any tax, assessment or license fee or any other charge which would ordinarily be
payable by the Licencee upon the provisions of any law, by -law, regulation or other
directive, and the said tax, assessment or license fee or charge shall be payable by the
said Licencee, notwithstanding the provisions of this agreement.
22. The Licencee shall not assign this agreement in whole or in part.
23. At all times any audience capacity limits established by the Office of the Fire
Marshall or by the Commissioner of Community Services shall be strictly adhered to.
24. Should the Licencee cancel this event, the Licencee shall be responsible for all
costs incurred by the City pertaining to the event. All costs are payable to the City within
thirty (30) days after the cancellation.
25. The Licencee agrees that if and whenever and to the extent that the City shall be
prevented, delayed or restricted in whole or in part in the fulfillment of any obligations
under this agreement by reason of strikes or work stoppages, failure of any service or
utility whether or not under the City's control, or by reason of any statute, law or
regulation preventing, delaying or restricting this fulfillment, or inability to obtain any
permission from any governmental or other body having jurisdiction, or any cause
beyond the City's reasonable ability to control, the City shall have no responsibility or
liability for any loss or damage sustained by the Licencee by reason thereof.
26. The Licencee shall arrange and pay for off -site parking by and transportation of
concert attendees between the location of such off -site parking and the Concert site and
return.
27. The Loop Road shall be closed to all vehicular traffic between the points "C" and
"D ", as marked on the plan Appendix "A ", excepting City service vehicles and
emergency response vehicles, on July 1, 1999. It shall be the responsibility of the
Licencee to enforce this closure with extra duty police officers or other security personnel
approved by the Chief of Police.
28. Rockwood Park shall remain open to the general public, excepting the area leased
by the Licencee. The Licencee shall endeavor at all times not to interfere with other
Rockwood Park operations.
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29. The Licencee agrees to provide concert attendees with potable water without
charge.
30. The Licencee agrees that employees of the City with identification shall have
access to the Concert site at all times for the purpose of conducting duties of their
employment.
THIS AGREEMENT shall ensure to the benefit and be binding upon the
Licencee, its heirs, executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed by their duly authorized signing officers and their seals affixed, the day and
year first herein written.
SIGNED, SEALED AND DELIVERED)
THE CITY OF SAINT JOHN
Mayor
Common Clerk
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A BY -LAW TO AMEND A BY -LAW RESPECTING
TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE
AUTHORITY OF THE MOTOR VEHICLE ACT 1973 AND AMENDMENTS THERETO
Be it enacted by the Common Council of the City of Saint John as follows:
A By -law of The City of Saint John entitled "A By -law Respecting Traffic On
Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act,
1973, and Amendments Thereto ", enacted on the 6th day of September, A.D. 1977 is
hereby amended as follows:
1. Schedule "B" - No Parking Anytime - is amended by adding the following words
under the headings:-
Street Limits Side
Rosedale Crescent Champlain Drive to York Street West
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
thirty -first day of May A.D. 1999 and signed by:
ayor, the mem er of Cou cil who pr i ed at
the meeting at hich it was enacted; and
First Reading -
May 25, 1999
Second Reading -
May 25, 1999
Third Reading -
May 31, 1999
Legal Department John L. Nugent P.O. Box 1971 Tel.: 506 658 -2860
City Solicitor Saint John Fax: 506 658 -2802
New Brunswick
Canada E2L 4L1
May 28, 1999
'A 'Aa
Her Worship Mayor Shirley McAlary city of saint John
And Members of Common Council
City Hall
Saint John, NB
Your Worship and Councillors:
Re: Traffic By -Law Amendment - Rosedale Crescent
On May 25, 1999 Common Council gave first and second
reading to an amendment to the Traffic By -Law with respect to
parking on the west side of Rosedale Crescent from Champlain
Drive to York Street, following requests from the residents of
Rosedale Crescent.
Third reading is now in order if Council wishes.
Respectfully submitted,
/C/Vt'&
John L. Nugent
City Solicitor
:cd
A BY -LAW TO AMEND A BY -LAW RESPECTING
TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE
AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO
Be it enacted by the Common Council of the City of Saint John as follows:
A By -Law of The City of Saint John entitled "A By -Law Respecting Traffic On Streets
In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto ", enacted on the 6' day of September, A.D. 1977 is hereby amended as
follows:
1. Schedule "B" - No Parking Anytime - is amended by adding the following words
under the headings:-
Street Limits Side
Rosedale Crescent Champlain Drive to York Street West
IN WITNESS WHEREOF the City of Saint John
has caused the Common Corporate Seal of the said
City to be affixed to this By -Law the day of
, A.D. 1999, signed by:
Mayor, the Member of the Council who presided
at the meeting at which it was enacted; and
Common Clerk
First Reading:- May 25, 1999
Second Reading:- May 25, 1999
Third Reading:-
REPORT TO COMMON COUNCIL
M&,C -99- 169
May 20, 1999
Her Worship Mayor Shirley McAlary
and Members of Common Council
Your Worship and Members of Council:
SUBJECT:
PARKING - ROSEDALE CRESCENT
BACKGROUND
''
City of Saint John
The City received several letters from the residents of Rosedale
Crescent requesting parking be restricted to one side of Rosedale
Crescent.
ANALYSIS
Rosedale Crescent is a two -way street in Champlain Heights
Subdivision running between Champlain Drive and York Street. The
street is 0.275 km in length and 6.7 metres wide. The street is
residential with no parking restrictions.
The Transportation Association of Canada (TAC) standard, for a two -
way municipal street, is at least two 3 -metre wide travel lanes with an
additional 2.4 metres for each lane of parking for a total of 10.8
metres for parking on both sides. Rosedale Crescent, at 6.7 metres
wide, is too narrow for two -way traffic when parking is allowed, even
on one side. Conditions are worsened during winter months.
Staff has reviewed the request and recommends that parking be
restricted on the west side of Rosedale Crescent. Although this does
not meet TAC Standards, the residential character and short length
of the street, and the low traffic volume, would suggest some
flexibility.
M &C -99 -169
Page 2
INPUT FROM OTHER SOURCES
The Saint John Police Force and the Fire Department supports the
recommendation. The Works Division of Municipal Operations
supports the recommendation.
Twenty notices were delivered to the residents of Rosedale Crescent.
Six responses were received. The six respondents supported some
parking restrictions but were not supportive of a ban on both sides
of the street. It was also suggested that the City look at other areas
to improve the flow of traffic on similar streets.
FINANCIAL IMPLICATIONS
The additional signage necessary can be absorbed within existing
budgets.
RECOMMENDATION
It is recommended that the following amendment to the Traffic By-
Law receive first and second reading and that it be referred to the
Legal Department for appropriate action.
Traffic By -Law
Add to Schedule "B" - No Parking Any Time
STREET
Rosedale Crescent
Respect submitted,
J
g
Com 'issioner, M icip
Terrence L. Totten, C.A.
City Manager
LIMITS SIDE
Champlain Drive to York Street West
Operations
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0000 442 20 10
Department: COMMON CLERK
Contact: MARY L. MUNFORD
Phone: 658 -2862
Fax: 658 -2802
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTG =Saint John Times Globe; T -J= Telegraph Journal)
SJTG City Information Ad
SJTG Independent Placement
SJTG Classifieds
T -J Independent Placement
T -J Classifieds
Date(s): Tuesday, June 29, 1999
Date(s):
Date(s):
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s)
F-1 Mavor's Message n General Notice(s)
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary L. Munford, Common Clerk
Contact:
Telephone: (506) 658 -2862
11. A Law To Amend The Municipal Plan By -law
(amending Section 3.4.1 of the Millidgeville
Secondary Plan re 177 -187 Manners Sutton Road)
12. By -law Number C.P. 100 -503 A Law To Amend The
Zoning By -law Of The City of Saint John (amending
Schedule "A" re 177 -187 Manners Sutton Road)
13. By -law Number C.P. 100 -504 A Law To Amend The
Zoning By -law Of The City of Saint John (amending
Schedule "A" re 111 -113 McAllister Drive)
June 15, 1999
June 15, 1999
June 15, 1999
Office of the Mary L. Munford P.O. Box 1971 506 658 -2862
Common Clerk Common Clerk Saint john
New Brunswick
Canada E2L 4L1
June 16, 1999
McAllister Drive Plaza Inc.
5900 Andover Avenue
Mont - Royal, P.Q.
H4T 1 H5
Dear Sirs:
Re: 111 -113 McAllister Drive
l 5-1.
iA":OU,
City of Saint John
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 June 15, 1999 and became effective
on that date.
Yours truly,
Mary L. unford
Common Clerk
MLM /jaf
encl.
cc: Jim Baird, Manager, Community Planning
William Edwards, Building Inspector (Section 39 Resolution)
PENDING
REZONING AND SECTION 39 RESOLUTION
PROPERTY LOCATION: - CP 100 -504 - 111 -113 McAllister Drive
SUBJECT: Amend Zoning By -Law and Section 39 Resolution
REGISTRY OFFICE:
Filed in 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
Registered in Registry Office -
- * *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: - June 11, 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
15
Office of the Mary L. Munford
Common Clerk Common Clerk
June 2, 1999
McAllister Drive Plaza Inc.
5900 Andover Avenue
Mont - Royal, PQ
H4T 1H5
Dear Sirs:
P.O. Box 1971 506 658 -2862
Saint john
New Brunswick
Canada E2L 4L1
r-Z 6,
City of Saint John
At a meeting of the Common Council, held on May 31, 1999, the following
resolution was adopted, namely:-
" RESOLVED that the by -law entitled, "By -law Number C.P. 100-504 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 111 -113 McAllister Drive (a portion
of NBGIC Number 307397), having a frontage on McAllister Drive of
approximately 250 feet, a depth of approximately 300 feet, and an area of
approximately 1.7 acres, from "P" Park to "SC" Shopping Centre 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
site is limited to the proposed Phase 2 development, consisting of a strip mall
with a maximum floor area of approximately 16,400 square feet and associated
parking area, which shall be integrated with the previously- approved Phase 1
parking area; (b) the developer must pave all parking areas, loading areas,
manoeuvring area and driveways with asphalt and enclose them with cast -in-
place concrete curbs to protect the landscaped areas and facilitate proper
drainage; (c) adequate site drainage facilities must be provided by the developer
in accordance with a detailed drainage plan, prepared by the developer and
subject to the approval of the Chief City Engineer; (d) direct access to the Phase
2 development from McAllister Drive is limited to one driveway; (e) all utilities,
including power and telephone, must be provided underground; (f) all areas of
the site not occupied by buildings, driveways, walkways, parking or loading areas
BY -LAW NUMBER C.P. 100 -504
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 111 -113 McAllister Drive (a portion of
NBGIC Number 307397), having a frontage on McAllister Drive of
approximately 250 feet, a depth of approximately 300 feet, and an area of
approximately 1.7 acres, from "P" Park to "SC" Shopping Centre
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
thirty -first day of May A.D. 1999 and signed by:
a or, the meZhich r of Co ncil who pr i ed at
the meeting at it was enacted; And
040 .�i I /
. , R
First Reading -
May 25, 1999
Second Reading -
May 25, 1999
Third Reading -
May 31, 1999
Ada
COMMUNITY PLANNING
REZONING
AMENDING MAP SHEET 153 SCHEDULE "A" OF THE ZONING
BY—LAW OF THE CITY OF SAINT JOHN
cowr a
tt"
O
EryE
/ e° 2
ro
4 14,
FROM TO
P Park SC Shopping Centre
Pursuant to a Resolution Under Section 39 of the Community Planning Act
Applicant: McAllister Drive Plaza Inc.
Date Drn.: May 26, 1999
Location: 111-113 McAllister Drive
Drn. By: T. Duke
Recommended by P.A.C.: May 18, 1999
File No.: 07P-02SE 00307397 (part of)
Enacted by Council:
Filed in Registry Office:
15 BY -LAW NUMBER C.P. 100 -504
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 111 -113 McAllister Drive (a portion of
NBGIC Number 307397), having a frontage on McAllister Drive of
approximately 250 feet, a depth of approximately 300 feet, and an area of
approximately 1.7 acres, from "P" Park to "SC" Shopping Centre
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:
The Mayor, the member of Council who
presided at the meeting at which it was
enacted; and
Common Clerk
First Reading - May 25, 1999
Second Reading - May 25, 1999
Third Reading -
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 site is limited to the
proposed Phase 2 development, consisting of a strip mall with a maximum floor area of
approximately 16,400 square feet and associated parking area, which shall be integrated
with the previously- approved Phase 1 parking area; (b) the developer must pave all
parking areas, loading areas, manoeuvring area and driveways with asphalt and enclose
them with cast -in -place concrete curbs to protect the landscaped areas and facilitate
proper drainage; (c) adequate site drainage facilities must be provided by the developer
in accordance with a detailed drainage plan, prepared by the developer and subject to
the approval of the Chief City Engineer; (d) direct access to the Phase 2 development
from McAllister Drive is limited to one driveway; (e) all utilities, including power and
telephone, must be provided underground; (f) all areas of the site not occupied by
buildings, driveways, walkways, parking or loading areas must be landscaped by the
developer, and the landscaping must extend onto the City street right -of -way to the edge
of the City curb /sidewalk; (g) the site shall not be developed except in accordance with a
detailed site plan and building elevation plans, prepared by the developer and subject to
the approval of the Development Officer, indicating the location of all buildings, parking
areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site
features, including those listed above, and no building permit will be endorsed by the
Development Officer (except site preparation and foundation) until the required site plan
is approved, such plan to be attached to the building permit for the development; and (h)
all site improvements shown on the approved site and drainage plans, except for
landscaping, must be completed prior to the opening of the facility for business, and
landscaping must be completed within one year of building permit approval.
3(a) PROPOSED ZONING BY -LAW AMENDMENT
RE. 111 -113 MCALLISTER DRIVE ( MCALLISTER DRIVE PLAZA, PHASE 2)
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 Tuesday, May 25, 1999 at 7:00 p.m., by:
Rezoning a parcel of land located at 111 -113 McAllister Drive, having a frontage on
McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an
area of approximately 1.7 acres, also identified as being a portion of NBGIC #307397,
from "P" Park to "SC" Shopping Centre, as illustrated below.
(INSERT MAP)
REASON FOR CHANGE: To permit the second phase of the proposed
McAllister Drive Plaza development, consisting of an approximately 16,400 -
square -foot strip shopping plaza.
The proposed amendment may be 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.
11'an -Way,
�� .
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0000 442 20 10
Department: Common Clerk's Office
Contact: Mary Nlunford
Phone: 658 -2862
Fax: 658 -2802
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTG =Saint John Times Globe; T -J= Telegraph Journal)
- SJTG City Information Ad
SJTG Independent Placement
SJTG Classifieds
T -J Independent Placement
T -J Classifieds
Date(s): Tuesday, April 27, 1999
Tuesday, May 18, 1999
Date(s):
Date(s):
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ Tender(s) ❑ Proposal(s) ❑ Public Notice(s)
❑ Mayor's Message ❑ General Notice(s)
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary L. Munford, Common Clerk
Contact:
Telephone: (506)
3�
Office of the Mary L. Munford
Common CIerk Common Clerk
April 30, 1999
McAllister Drive Plaza Inc.
5900 Andover Avenue
Mont - Royal, PQ
H4T 1 H5
Dear Sirs:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
.w
At a meeting of the Common Council, held on the 19th instant, the
following resolution was adopted, namely:-
"Tall
City of Saint John
" RESOLVED that the application of McAllister Drive Plaza Inc. for the re-
zoning of property on McAllister Drive, 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 Tuesday, May 25,
1999, at 7:00 p.m."
Enclosed is a copy of the Public Notice in this regard.
Yours truly,
W�, sw) I
Mary L. Yunford
Common Clerk
MLM:sc
Enc
Es
S
.sent b,,: GMIMUNiTY PLANNING;
1 506 658 2837; Apr -14 -99 3:08PM; Page 6 /'I1
�p Application for a Zoning By-law Amendment
Applicant Related Information
Name of Applicant McAllister Drive Plaza Inc.
Mailing Address of Applicant
5900 Andover Avenue ' y Ville Mont—Royal
Quebec Postal Code H4T 1H5 a'
Telephone Number Home Businen , (514) 739 -9801
Fax Number (if any) (514) 739 -1342
Name of Property Owner (if different) Exhibition Assoc. of the City and County of Saint John
Mailing Address of Owner P 0 Box 19,71
Saint John, NB Postal Code E2L 4L1
Property Information
Location McAllister Drive
Civic# Street NBGIC9
Lot Area 75,000 Sq. Ft.(1.7 acr4�eetFrontage Apprnx- 2501
Existing Use of Property Vacant Land
Municipal Plan Land Use Designation Major Institutional
Amendment Requested
Present Zoning
/Change Zoning to "SC" Shopping Centre
and/or
O Text Amendment (indicate particulars)
LM
a
...... -) I juo oDn 4041) AC7-14 -99 3:08PM; Page 7/11
a
Development Proposal
Description of Proposal 16,400 sq. ft . strip shopping centre to be
constructed with a steel structure and a brick and block finish
similar to the nearby Exhibition Plaza development.
You "lust provide a scaled sire plan that lllrcrtrates your proposal You m
Photographs. building plans, elevation drawin sand aY also provide
nrrist show the dimensions of the ro er g any outer form of information The plan
areas, landscaping and si P P tY. the location ofall buildings, driveways, porking
gns. It is impoNant that the distance between the property
bolutdary and buildings are sho►vn.
Provide reasons why this amendment should be approved
a
Please see attached sheet.
Provide any otl►er information about yourproposaI that would be helpful
Signarure ofApplicant
Date April 15, 1999 / a
�54Q0 Application Fee Enclosed
Ifyou are not the owner ofthe land in question please have the owner sign below. The
signature from the owner it authors +ing this
Common Council application 0 nrowed for consideration by
�rJC �Q•�i Jr)� A're0o- ;TI6�r7 0�
Signature off Owner (if app(icable) ;TN,r G/ T`> o
Date (--- i r_
` 1, ORME
APR I `- IcL44
OF
o.
APPLICA11ON FOR A NW CIPAL PLAN AND ZONING BY -LAW AMNDMiENT
pwvldc reasons why Haase amendments should be approved:
T$esc amendments should be approved for the following reasons:
1) The proposed development would be a logical and appropriate expansion of the commercial
aetivity that has evolved in the McAllister and Westmorland area. Our Group has
suomsfuily developed the Fxhibition Plaza on the other side of the Simonds Arena and
proposes to continue this development trend.
2) The existing zoning and land use are such that ft vacant land area for the proposed
development would probably never be developed with 8 project that meets the existing
requirements.
3) The proposed development represents the " highest and best" use of this land area- The
development would create new value and increase the City's tax base and revenues, all at no
cost to the City.
4
4) The development would create new investment and jobs for Saint John.
5) The development will continue the trend, that we established with the Exhibition Plaza, of a
unified development featuring a common parking wea, limited and common access and
egress points, routrolled and common pylon signage and a common architmtural image.
6) The development will meet thr. needs of a retailer seeking a quality strip/plaza location in the
McAllister &c Westnnorland =a. This project will be slightly different from our Exhibition
Plaza developmnt as we will be offering much smaller retail spaces. (Miriraum size of
1,000 sq. ft). We v.-ere not able to meet the demand for this type of space with tic Exhibition
Plaza.
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DRAFT
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 111 -113 McAllister Drive, having a
frontage on McAllister Drive of approximately 250 feet, a depth of
approximately 300 feet, and an area of approximately 1.7 acres (being a
portion of NBGIC Number 307397) from "P" Park to "SC" Shoping Centre
classification
- 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:
*, the member of Council who presided at the
meeting at which it was enacted; and
Common Clerk
First Reading -
Second Reading -
Third Reading -
Planning
Advisory Committee
OPEN SESSION
May 19, 1999
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Rezoning
McAllister Drive Plaza (Phase 2)
111 -113 McAllister Drive
City of Saint John
On April 19, 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 May 18, 1999 meeting.
Mr. Charles Swanton appeared on behalf of the property -owner (Exhibition
Association) and spoke in support of the proposal. Mr. Myles Martin, Vice
President of Plaza (Atlantic) Ltd., appeared on behalf of the applicant and
expressed agreement with the recommendation in the attached report.
Mr. Steve Cronk, 199 Mark Drive, also addressed the Committee. Mr. Cronk
indicated that, although he is not opposed to the development, he has concerns
about compensatory floodwater storage and traffic on McAllister Drive. No other
persons addressed the Committee and no letters were received.
After considering the report and presentations, the Committee adopted the staff
recommendation. This included the granting of a variance to permit Phase 1 and
2 to remain as separate lots, provided that the development site as a whole meets
the minimum lot area and width requirements of the "SC" Shopping Centre zone.
RECOMMENDATION:
That Common Council rezone a parcel of land located at 111 -113 McAllister
Drive, having a frontage of approximately 250 feet, a depth of approximately 300
feet, and an area of approximately 1.7 acres, also identified as a portion of
NBGIC number 307397, from "P" Park to "SC" Shopping Centre, subject to a
resolution pursuant to Section 39 of the Community Planning Act setting out the
following conditions:
a) the use of the site is limited to the proposed Phase 2 development,
consisting of a strip mall with a maximum floor area of approximately
Planning Advisory Committee
May 19, 1999
Page 2
16,400 square feet and associated parking area, which shall be integrated
with the previously- approved Phase 1 parking area;
b) the developer must pave all parking areas, loading areas, manoeuvring
area and driveways with asphalt and enclose them with cast -in -place
concrete curbs to protect the landscaped areas and facilitate proper
drainage;
C) adequate site drainage facilities must be provided by the developer in
accordance with a detailed drainage plan, prepared by the developer and
subject to the approval of the Chief City Engineer;
d) direct access to the Phase 2 development from McAllister Drive is limited
to one driveway;
e) all utilities, including power and telephone, must be provided
underground;
f) all areas of the site not occupied by buildings, driveways, walkways,
parking or loading areas must be landscaped by the developer. The
landscaping must extend onto the City street right -of -way to the edge of
the City curb /sidewalk;
g) the site shall not be developed except in accordance with a detailed site
plan and building elevation plans, prepared by the developer and subject to
the approval of the Development Officer, indicating the location of all
buildings, parking areas, driveways, loading areas, signs, exterior lighting,
landscaped areas and other site features, including those listed above. No
building permit will be endorsed by the Development Officer (except site
preparation and foundation) until the required site plan is approved. Such
site plan will be attached to the building permit for the development;
h) all site improvements shown on the approved site and drainage plans,
except for landscaping, must be completed prior to the opening of the
facility for business. Lands aping must be completed within one year of
building permit approva
Respectfully submitted,
Brian Cu ingham
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:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
NBGIC:
Municipal Plan:
Zoning:
MAY 14, 1999
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING
MEETING OF MAY 18, 1999
• . .. •. . pill •
McAllister Drive Plaza Inc.
Exhibition Association of the City and
County of Saint John
111 -113 McAllister Drive
Part of 307397
Service Corridor
Existing: "P" Park
Proposed: "SC" Shopping Centre
Proposal: To construct an approximately 16,400 -
square -foot strip plaza as Phase 2 of an
approximately 22,000- square -foot
commercial development
"�0.9,
City of Saint John
Type of Application: Rezoning and Variance to permit Phase 1
and Phase 2 to be on separate lots with areas
of less than 1 hectare (2.5 acres) each, and
widths of less than 60 metres (200 feet) each
McAIlister Drive Plaza Inc. Page 2
111 -113 McAllister Drive (Phase 2) May 14, 1999
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. Common Council will consider the Committee's
recommendation at a public hearing on Tuesday, May 25, 1999.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land located at 111 -113
McAllister Drive, having a frontage of approximately 250 feet, a depth of
approximately 300 feet, and an area of approximately 1.7 acres, also
identified as a portion of NBGIC number 307397, from "P" Park to "SC"
Shopping Centre, subject to a resolution pursuant to Section 39 of the
Community Planning Act setting out the following conditions:
a) the use of the site is limited to the proposed Phase 2 development,
consisting of a strip mall with a maximum floor area of
approximately 16,400 square feet and associated parking area,
which shall be integrated with the previously - approved Phase 1
parking area;
b) the developer must pave all parking areas, loading areas,
manoeuvring area and driveways with asphalt and enclose them
with cast -in -place concrete curbs to protect the landscaped areas
and facilitate proper drainage;
C) adequate site drainage facilities must be provided by the developer
in accordance with a detailed drainage plan, prepared by the
developer and subject to the approval of the Chief City Engineer;
d) direct access to the Phase 2 development from McAllister Drive is
limited to one driveway;
e) all utilities, including power and telephone, must be provided
underground;
f) all areas of the site not occupied by buildings, driveways,
walkways, parking or loading areas must be landscaped by the
developer. The landscaping must extend onto the City street right -
of -way to the edge of the City curb /sidewalk;
McAllister Drive Plaza Inc.
111 -113 McAllister Drive (Phase 2)
Page 3
May 14, 1999
g) the site shall not be developed except in accordance with a detailed
site plan and building elevation plans, prepared by the developer
and subject to the approval of the Development Officer, indicating
the location of all buildings, parking areas, driveways, loading
areas, signs, exterior lighting, landscaped areas and other site
features, including those listed above. No building permit will be
endorsed by the Development Officer (except site preparation and
foundation) until the required site plan is approved. Such site plan
will be attached to the building permit for the development;
h) all site improvements shown on the approved site and drainage
plans, except for landscaping, must be completed prior to the
opening of the facility for business. Landscaping must be
completed within one year of building permit approval.
2. That the Planning Advisory Committee grant a variance to permit Phase
and Phase 2 of the McAllister Drive Plaza development to be located on
separate lots, provided that the cumulative lot area and width of the
combined Phase 1 and Phase 2 meets or exceeds the minimum
requirement for the "SC" Shopping Centre zone.
BACKGROUND:
In February of 1998, the applicant submitted a proposal to develop a 20,000 -
square -foot commercial development on a 2.2 -acre portion of the Exhibition
Association's land beside the Simonds Arena. The proposed development
included a McDonald's restaurant (Phase 1) and a 14,000 - square -foot retail strip
plaza (Phase 2). Part way through the rezoning process, the proposal was revised
in response to concerns with respect to the lack of provision for a future street off
McAllister Drive. A future street was deemed necessary to service future
development of land to the rear of the arena and to the rear of the applicant's
development site, as well as land on the opposite side of McAllister Drive.
The revisions to the proposal resulted in a shift of the location of the development
66 feet further away from the Simonds Arena, in order to provide for a future
street right -of -way. This moved a portion of the proposed Phase 2 beyond the
area that had been advertised for rezoning. As a result, Common Council was
able to rezone only Phase 1 and the proposed future street area, which it did on
May 4, 1998 subject to a number of conditions pursuant to Section 39 of the
Community Planning Act. At the same time, Common Council assented to the
McAllister Drive Plaza Inc. Page 4
111 -113 McAllister Drive (Phase 2) May 14, 1999
subdivision of the land from the Exhibition Association property in order to
permit the land to be leased or sold to the developer.
On April 21, 1998, the Planning Advisory Committee granted variances to permit
a side and rear yard of 25 feet for the Phase 2 building, and to permit the
development to have two freestanding signs containing tenant names, subject to
the approval of detailed drawings by the Development Officer. The Committee
also granted a variance to permit Phase 1 of the development to have a lot size of
one acre. This latter variance permits Phase 1 to proceed in advance of rezoning
of Phase 2.
A follow -up rezoning application was then submitted for rezoning of the revised
site for Phase 2 (the strip shopping centre building). On May 26, 1998 the
Planning Advisory Committee recommended approval of the application, subject
to similar Section 39 conditions as those applicable to Phase 1. However,
Common Council tabled the application after the June 1, 1998 public hearing in
order to obtain further information from the applicant concerning the manner in
which the requirements of the Flood Risk Area By -law would be met. The time
limit for adoption of the rezoning expired in November 1998, resulting in this new
application.
INPUT FROM OTHER SOURCES:
Engineering has submitted no further comments. The department previously had
no objection to the proposal, but advised that services will have to be extended to
serve the development, as the closest sewer is on the opposite side of the Simonds
Arena. It was also noted that Engineering's original concerns with respect to
access had been resolved with the provision for a future street beside the arena
and deletion of one of the driveways on McAllister Drive.
Building and Technical Services advises that the property is within the Flood
Risk Area and is subject to the requirements of the Flood Risk Area By -law. The
applicant has now submitted the compensatory flood storage calculations for this
development, which have been reviewed and found to meet the requirements of
the By -law. The location of the proposed flood storage area is on the Exhibition
Association's land near Parkhill Drive. A suitable landscaping screen will be
required between the storage area and the street.
Real Estate and Facility Management has submitted no comments.
McAllister Drive Plaza Inc. Page 5
111 -113 McAllister Drive (Phase 2) May 14, 1999
Saint John Energy advises that it has adequate facilities in the area along
McAllister Drive. Costs for the extension of facilities will be dealt with the
developer at the time of construction. Saint John Energy had previously advised
that, as per the City by -law, all electrical facilities shall be underground.
NBTel advises that it will service this development off of the existing
underground system along McAllister Drive. This will involve extending a
conduit duct that was previously stubbed out behind the sidewalk, and taking this
into the new plaza. Details will be worked out with the developer when the
project is approved. The developer will be responsible for providing this conduit.
Parks and Recreation advises that it has no concerns.
Fire Department has submitted no further comments. The Fire Department's
previous concern with respect to the number of driveways has been resolved by
deleting the central entrance to the development.
ANALYSIS:
Site and Neighbourhood
The subject site is directly adjacent to the Phase 1 site (proposed McDonald's
restaurant), which was rezoned to "SC" Shopping Centre in May of 1998. The
area now being considered for rezoning is a portion of the Exhibition Association
lands having a frontage of approximately 250 feet on McAllister Drive and an
area of approximately 1.7 acres. The combined Phase 1 /Phase 2 development has
a frontage of approximately 420 feet and an area of approximately 2.8 acres. At
present the site is vacant.
Other uses in the immediate area include the Simonds Centennial Arena,
Exhibition Park Raceway, Parkway Mall and Exhibition Plaza. The land directly
across McAllister Drive from the subject site is vacant land, which is also owned
by the Exhibition Association. The relationship of the subject site to the race
track area is illustrated on an attached map.
Proposal
As previously noted, the applicant's proposal is essentially the same as originally
proposed, except that it has been shifted slightly closer to Golden Grove Road in
order to provide space for a future street between Phase 1 and the Simonds Arena.
Phase 1, which has already been approved along with the future street, will consist
McAllister Drive Plaza Inc. Page 6
111 -113 McAllister Drive (Phase 2) May 14, 1999
of a 5,500- square -foot McDonald's restaurant. There will be no direct access
from McAllister Drive to Phase 1. Instead, the development will share the
existing signalized entrance at the Simonds Arena. One of the conditions of the
May 4, 1998 rezoning of Phase 1 requires that the Exhibition Association develop
the new public street when further development occurs to the rear of the subject
site, to the rear of the Simonds Arena property or on the land on the opposite side
of McAllister Drive. At that time, the traffic lights will be relocated and the
entrance to both McDonald's and the arena will be off the new street.
Phase 2, which is the subject of the present rezoning application, consists of an
approximately 16,400- square -foot strip plaza, similar to nearby Exhibition Plaza
(also developed by the applicant) but with smaller stores. The attached site plan
illustrates the proposed Phase 2 development and its relationship to Phase 1.
The total floor area of the proposed Phase 2 has been increased in size slightly.
The previous proposed size of the building was 14,000 square feet. As a result of
further marketing of the project, the revised plan also shows that the plaza may
contain fewer, but larger, stores than originally contemplated.
Similar to Exhibition Plaza, the Exhibition Association will continue to own the
site. The site will be leased on a long -term basis to the applicant (McAllister
Drive Plaza Inc.) who will, in turn, lease the retail space to individual tenants.
Subdivision of the site from the Exhibition Association's total holdings will be
required. Common Council gave its assent for this to happen on May 4, 1998.
The present recommendation also provides for the granting of a variance to permit
each phase to be on a separate lot. The overall development (i.e. Phase 1 and 2
together) will be required to meet the "SC" lot area and width requirement of 1
hectare (2.5 acres) and 60 metres (200 feet), respectively.
The applicant indicates that the proposed development is a logical and appropriate
expansion of the commercial activity that has evolved in the McAllister and
Westmorland area. The applicant also indicates that the development will meet
the needs of retailers seeking a quality strip /plaza location in this area.
Municipal Plan
The subject site lies within the Service Corridor designation, which extends along
both sides of McAllister Drive from the Rothesay Avenue Service Corridor to the
Regional Centre designation centred on Westmorland Road between McAllister
Drive and Mark Drive. The policies of the Municipal Plan for Service Corridor
areas encourage a mix of highway commercial, other general commercial and
McAllister Drive Plaza Inc. Page 7
111 -113 McAllister Drive (Phase 2) May 14, 1999
light industrial uses. The proposed Phase 2 development is consistent with this
designation.
Proposed Rezoning
The applicant has requested that Phase 2 be rezoned from "P" Park to "SC"
Shopping Centre. This is the same zone as Phase 1, and conforms to the Service
Corridor designation of the subject site. The proposed "SC" zoning permits a
wide range of retail and service uses, including shops and restaurants, in a
shopping centre environment.
The previous reports prepared by Community Planning with respect to this
development indicated that a detailed market study is not necessary to support the
applicant's proposal, because of the small overall size of the proposal. Normally,
the Municipal Plan requires the submission of such a market study in support of
all new or expanded shopping centre developments. However, this development
is much smaller than the 32,000 square feet that, by definition, usually constitutes
a "shopping centre ".
Traffic and Access
In response to concerns raised regarding the original proposal, improvements
were made to the development layout. For example, Phase 1 was approved with
no direct access to McAllister Drive. Access will be gained only by way of the
signalized intersection that also serves as the entrance to the arena. As Phase 2
will be totally integrated with Phase 1, this access will serve both phases. In the
longer term, as the area develops further, the present signalized intersection will
be replaced by a new signalized public street intersection, and the subject site will
be accessed off the new street. The driveway off this future street has been
relocated so that it will be at least 100 feet from traffic lights. This will provide
for more efficient traffic circulation at the signalized intersection, both now and in
the long term.
In addition, the proposal provides for only one driveway on McAllister Drive for
the combined Phase 1 /Phase 2 development. This driveway will be located at the
northwestern end of the site's frontage, as illustrated on the site plan. The original
proposal submitted in February of 1998 included an additional driveway in the
centre of the site's frontage. This central driveway was deleted in the revised
proposal, in order to minimize the number of accesses on McAllister Drive.
McAllister Drive Plaza Inc. Page 8
111 -113 McAllister Drive (Phase 2) May 14, 1999
Parking, Landscaping and Signs
The proposal indicates the provision of a total of 157 parking spaces for the entire
development. The minimum requirement is 74 spaces. One of the spaces in the
front tier will need to be deleted and replaced by a landscaped pedestrian access,
as the Zoning By -law permits a maximum of only 30 spaces in a continuous row.
The front tier currently has 38 spaces in a continuous row. The parking and
manoeuvring areas will be paved with asphalt and enclosed with cast -in -place
concrete curbs.
The entire frontage of the site (except driveway location) will be landscaped to a
depth of 20 feet behind the front property line. This exceeds the minimum By-
law standard of 6.5 feet and is consistent with the amount of landscaping at
Exhibition Plaza.
The Committee approved signage for the development on April 21, 1998. This
consists of a freestanding "McDonald's" sign and a separate freestanding sign to
advertise plaza tenants. The plaza sign will be similar in size and design to
Exhibition Plaza's signage, and may include up to eight individual tenant panels.
It is anticipated that there will also be facia signage for each tenant, as provided
for in the "SC" zone.
Flood Risk Area
As noted by Building and Technical Services and discussed in the previous
reports concerning this development, the development must meet the
requirements of the Flood Risk Area By -law with respect to altering of land levels
and construction of buildings. Essentially, the developer is required to
accommodate the floodwater that would be displaced by the development by
providing a "compensatory flood storage area" which is capable of holding an
equal or greater volume of floodwater.
At the time of Council's review of the 1998 application for rezoning of Phase 2,
the consultant for the Exhibition Association was in the process of designing an
area for floodwater storage to accommodate the development. However, details
had not been worked out and, therefore, Common Council decided to table the
application. The applicant's consultant has now submitted the required
information to the Building Inspector, and has identified an area of land near
Parkhill Drive as the proposed compensatory flood storage area. The general
location of the identified area is illustrated on the attached map. The Building
Inspector will require that the proposed flood storage area be suitably screened
from Parkhill Drive.
McAllister Drive Plaza Inc.
111 -113 McAllister Drive (Phase 2)
Page 9
May 14, 1999
The parking lot on the subject site will be designed to direct surface water to
Majors Brook on the opposite side of McAllister Drive. This will provide a
further benefit to the Glen Falls residential area by diverting surface drainage that
currently flows toward the residential area.
Impact of the Development on Exhibition Park Raceway
The proposed development occupies a portion of the Exhibition Association's
lands, which is not used or needed for the continuing operation of the raceway.
Consequently, there will be no impact on the raceway activities. The attached
map indicates that the closest point of the proposed plaza development will be at
least 120 feet from the racetrack buildings. The Exhibition Association has
indicated that the present proposal is the last foreseeable rezoning along the
northeast side of McAllister Drive because the Association wishes to retain the
remaining frontage for the annual Atlantic National Exhibition.
CONCLUSION:
This proposal was tabled last year for further information concerning the manner
in which the requirements of the Flood Risk Area By -law would be met. The
applicant has now submitted the required information, which indicates the
development of a compensatory flood storage area at the rear of the Exhibition
Association property, adjacent to Parkhill Drive.
The subject site constitutes Phase 2 of the proposed McAllister Drive Plaza
development. The proposed rezoning can be supported as consistent with the
Municipal Plan and as a logical expansion of the existing commercial area.
Section 39 conditions, consistent with those imposed upon Phase 1, are
recommended. These conditions deal with site development issues such as use,
parking, access, landscaping, drainage, signs and other site features.
RGP /r
COMMUNITY PLANNING
1- 2
Subject Site:
Address: 111-113 McAllister Drive (phase 2)
Map Number: 07P-02SE
Date: May 7, 1998 Scale: N.T.S.
,-7-T-T
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To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Tuesday, May 25, 1999, when there
were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court,
Desmond, Fitzpatrick, Titus, Vincent and White, and your Committee submits the
following recommendations, namely:
1. That as recommended by the City Manager, Common Council approve
the addition of two positions - Information System Assistant, Group 5, CUPE Local 486,
to the 1999 Establishment.
2. That as recommended by the City Manager, Common Council authorize
the sale property at 55 Union Street (NBGIC Number 55011886) to Ellis -Don (Atlantic)
Limited for the purchase price of $250,000 (plus HST if applicable), upon condition that
arrangements satisfactory to both the City and Ellis -Don (Atlantic) Limited are first
agreed to for the purpose of defining the rights and obligations of each party with respect
to that portion of the Pedway system lying between the Aquatic Centre and Harbour
Station, with a closing day of on or before July 31, 1999, and further that the Mayor and
Common Clerk be authorized to execute the necessary documentation.
Respectfully submitted,
• Gam/ �
May 31, 1999, Shirley McAla /
Saint John, N.B. C h a i r m a n.
Office of the Mary L. Munford
Common Clerk Common Clerk
June 2, 1999
Ms. Tamara Duke
Recording Secretary
Local No. 486, C.U.P.E.
10th Floor, City Hall
P.O. Box 1971
Saint John, NB
E21- 41-1
Dear Madam:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
City of Saint john
At a meeting of the Common Council, held on May 31, 1999, the following
resolution was adopted, namely:-
" RESOLVED that as recommended by the City Manager, Common
Council approve the addition of two positions - Information System Assistant,
Group 5, CUPE Local 486, to the 1999 Establishment."
Yours truly,
/ W.
Mary L. unford
Common Clerk
MLM:sc
/�, 2-,
Office of the Mary L. Munford
Common Clerk Common Clerk
June 21, 1999
Mr. Bob Smith
President
Ellis -Don (Atlantic) Limited
89 Queensway Avenue West
Suite 800
Mississauga, ON
L5B 2V2
Dear Sir:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
h-
City of Saint John
At a meeting of the Common Council, held on May 31, 1999, the following
resolution was adopted, namely:-
" RESOLVED that as recommended by the City Manager, Common
Council authorize the sale of property at 55 Union Street (NBGIC Number
55011886) to Ellis -Don (Atlantic) Limited for the purchase price of $250,000 (plus
HST if applicable), upon condition that arrangements satisfactory to both the City
and Ellis -Don (Atlantic) Limited are first agreed to for the purpose of defining the
rights and obligations of each parry with respect to that portion of the Pedway
system lying between the Aquatic Centre and Harbour Station, with a closing day
of on or before July 31, 1999, and further that the Mayor and Common Clerk be
authorized to execute the necessary documentation."
Please contact Lynda Farrell of the City's Legal Department at 658 -2860
to complete the details of this transaction.
Yours truly,
)�7 I14I_
Constance Mosher
Assistant Common Clerk
CM:sc
/7
VtW
......
FUND Y,.....
Region Solid Waste Commission
Memorandum
To: City of Saint John
and
Minister of Municipalities & Housing
From: Jens Jensen, P. Eng., General Manager
Date: May 21, 1999
Subject: Expiry of Three Year Terms of Appointments to Fundy Region
Solid Waste Commission - 31 July, 1999 — Councillor Stephen
Chase (City) and Mr. Peter LeBlanc (Unincorporated Areas)
1. The current three year terms of some appointments to the Fundy Region Solid
Waste Commission expire on 31 July, 1999 as follows:
a) City of Saint John - the order in council establishing the Commission
appointed Mayor Shirley McAlary to a term of one year, August 1, 1995
to July 31, 1996. Subsequently, others have been appointed during the
three -year term of August 1, 1996 to July 31, 1999. The incumbent,
Councillor Stephen Chase, is completing the three -year term which
expires on July 31, 1999.
b) Unincorporated Areas — the order in council establishing the
Commission appointed three individuals to represent the unincorporated
areas, one for a one year term, one for a two year term, and one for a
three year term, all commencing August 1, 1995. One of those
individuals, Mr. Peter LeBlanc, is completing a three -year term which
expires July 31, 1999. The other two individuals, Mr. Richard Gorham
and Mr. Daniel Harrigan, are serving three year terms which expire on
July 31, 2000 and 2001 respectively.
2. By way of background information, please note that when the Commission was
established by Order in Council in 1995, some of the members were appointed
for one -year terms, some for two -year terms, and some for three -year terms.
At the expiry of each of those initial terms, the standard provisions of the Clean
Page 1 of 2
Environment Act (section 15.4(2)) requiring appointment for three -year terms
came into effect.
3. For your respective attention.
Yours very truly,
Jens ensen, P.Eng.
General Manager
Copy: Councillor Stephen Chase
Mr. Peter LeBlanc
Am, 25 1999
�X' OF
NAW7 ,> OW
Page 2 of 2
Aw
Q Ot` Ca'
-' Ive 1m-
ROBERT HOLMES- LADDER
SAINT 10NN FUNDY -
243 LOCH LOMOND ROAD Phone: 506 657 -4637
SAINT JOHN NB E2J IY6 Fax: 506 657 -4638
TO: THE MAYOR AND COUNCILLORS OF THE CITY OF SAINT JOHN
VOTER CONCERN
The Latimore Lake Trailer Park is being harassed,
"particularly on Saturday nights," by young drinkers and drivers
who speed noisily around the streets of the Park.
I saw evidence of this myself when I visited the Park last
Saturday, May 22, as I campaigned for the election.
Several remedies were suggested by the complainants:
a. stop signs posted on some corners
b. speed limits posted at the entrance
C. speed bumps on the longer streets
d. greater police surveillance, especially on Saturday
nights.
Your attention to this concern would be both beneficial and
appreciated.
Sincerely,
Robert Holmes - Lauder
Candidate Saint John Fundy
New Democratic Party
CC: Saint John Police Department
RECEIVED
COAWOfV CLERK'S OFFICE
MNY 2,5 1999
CITY OF
/ G
Commanding Officer
410 Tactical Fighter
Operational Training Squadron
4 Wing
Box 6550 Stn Forces
Cold Lake, AB T9M 2C6
1050 -1 (CO 410 Sqn)
18 May 1999
Commandant
410e Escadron d'entrainement
op6rationnel a Pappui tactique
4e Escadre
CP 6550 Succ Forces
Cold Lake, AB T9M 2C6
tel: (403) 840 -8000 Ext. 8410 AV 690 -8410
Her Worship Mayor Shirley A. McAlary
And Members of Common Council
PO Box 1971
Saint John, NB E2K 41_1
CITY OF SAINT JOHN SQUADRON
fax: (403) 840 -7350 (AV fax 690 -7350)
E -Mail: 410sgn @4wing.coldlake.dnd.ca
The Officers and Non Commissioned Members of 410 Tactical Fighter Operational
Training Squadron send greetings and the desire to re- kindle their ties to the city of Saint
John established by Resolve of Council March 28, 1944.
The disbandment on June 9`h, 1945 ended our official status as the City of Saint John
Squadron, however the generosity and friendship extended in our time of need has not
been forgotten. As time went on, our wartime members joined with the re- activated 410
Squadron to form the 410 Association for the purpose of continued camaraderie.
The former City of Saint John Squadron went on to provide distinguished service to
Canada and accumulated many firsts since its original activation on June 30, 1941:
• First to operate the DeHavilland Vampire, the RCAF's first jet powered aircraft;
• First to operate the Canadian built Canadair Mk II Sabre (North American F86);
• First selected to operate the ill -fated Avro CF -105 Arrow; and
• First to operate the McDonnell Douglas CF 188 Hornet.
On the occasion of the Royal Canadian Air Force's 75`h Anniversary, 410 Squadron will
host the 410 Association Reunion at Cold Lake, Alberta on August 20 -22, 1999. As
President of the 410 Association and Commanding Officer of 410 TF (OT) Sqn, I extend
to you the hand of friendship and an invitation for you to re- establish our kinship by
joining us in this celebration.
NOCTIVAGA (Wander by Night).
Yours truly,
A J. Stephenson
Lieutenant Colonel
Commanding Officer
REC4FREV
CLERKS OPPM
4AY 26 1999
(CITY OF
2--,v
New Brunswick Aboriginal Peoples Council
May 25, 1999
Common Council
City of Saint John
P.O. Box 1971
Saint John, New Brunswick
E21, 4L1
Your Worship and Councillors:
Re: Loyalist City Heritage Festival
The New Brunswick Aboriginal Peoples Council Local 10 (which has jurisdiction in Saint
John area) is concerned about the possibility of the Council asking for the termination of the Loyalist
Days Festival.
It is our understanding that the corporation which has the technical name Loyalist Days Inc.
proposes to call the weeks' observance "Loyalist City Heritage Festival." This will avoid the
confusion between Loyalist Day (May 18th) which is observed both as a Provincial Loyalist Day
established by the Provincial Government and is also the City's Birthday and the Festival which is
a collage of events encompassing the heritage of the City's inhabitants, which of course includes the
aboriginal inhabitants.
It is felt that this Festival provides an opportunity for the recognition of the aboriginal people,
our culture, activities and history, which other festivals and activities do not do.
Local 10 urges the Common Council to give some official support and encouragement to this
heritage Festival, an event which can be not only entertaining but a means of educating Canadians
about the history of all the groups which now constitute the City of Saint John and at the same time
recognize the part played by the City founders.
Yours truly,
Patricia Bouchier
97 Orange Street
Saint John, New Brunswick
E21, 1 M8
RECEIVED
( UWO iN CLERKS OFRCE
44Y 261999
®F
I ANUT 110"N
ILAFARGE
CANADA INC.
Office of the Common Clerk
City of Saint John
P.O.Box 1971
Saint John,N.B.
E2L 4L 1
Re: Proposed Rezoning 655 Latimore Lake Road
Att'n: Mary Mumford, Common Clerk
Dear Mary:
We, Lafarge Canada Inc. request permission to withdraw our current
application on file regarding the rezoning of the above mentioned property. If and
when we decide to proceed we will re -file our application.
We trust that this is satisfactory, we remain,
Yours Sincerely,
Kent A. Duggan
Construction Manager
C.c., Randall Pollock - Community Planning
MlL ; &NEID
LEFWT OFFICE
MAY 27 1999
CONSTRUCTION MATERIALS GROUP / ATLANTIC DIVISION C " OF
P.O. Box 338, Old Black River Road, Saint John, New Brunswick E21- 3Z3
Office: (506) 633 -1890 Fax: (506) 633 -1661 �ttt
Dave Bustin
950 Latimore Lake Road,
Saint John,N.B.
E2N 1Y1
Home Phone 506 - 696 -1419
City of Saint John Common Council
City of Saint John
P.O. Box 1971
Saint John; N.B. E2L 4L1
Your Worship and City Councillors;
May 30, 1999
I am writing this letter to express my opposition to the proposed access road at 655 Latimore Lake Road
by Lafarge Canada Inc.
The reasons I object to this proposal are because:
1) I presently live across from the Thomas & Lafarge pits. When these trucks are present it is
almost impossible to sit in my yard for enjoyment with all the dust & noise that they create. Therefore I do not
believe that this access road should be allowed as it will impact on our students Health & Learning Environment
with all the noise & dust. Even if they promise a dust free road I do not believe it will be as the City has no power
to enforce this condition once the road is built. Proof of this is the Thomas Pit, it once had a paved road. You
would have to dig with a Shovel to find the pavement Now! There have been many requests for him to comply but
they fall on deaf ears, He will not even water the Road.
2) 1 do not believe that this road can be built Safely beside our school especially considering that the
playground is on this side of the school. We must not forget that this is an elementary school & that these children
often act without thinking of the consequences. If you have ever lived by a pit you know that most of these trucks
have little regards for the rules of the road. Especially Stopping & Speed 1!
There is a connecting Road between Thomas's & Lafarges Pits and I think you should force them to use
this road and make any necessary Changes that would make this road Safer & Dust Free.
Taking this into consideration there is only one thing to do and that is to DENY this application. I would
also like to suggest that the City impose a moratorium on Creating or Modifying existing Pits until the City puts in
place the Pits & Quarries Aggregate Resource Strategy that the Community Planning Department has on file & the
Laws to enforce It.
Sincerely,
r,�
Dave Bustin
RECELVEDD
COWIOAO CLFMK c � r r =
4AY 31 1999
CITY OF
LATIMORE LAKE SCHOOL
615 LATIMORE LAKE ROAD
SAINT. JOHN. N.B.
City of Saint John Common Council;
City of Saint John
P.O. Box 1971
Saint John,N.B.
E21, 4L 1
Her Worship and City Councillors;
I am writing this letter to express my opposition to the proposal by Lafarge Canada Inc. to create
an access road at 655 Latimore Lake road to their existing pit.
The reasons I object are because:
1) In our area we already have a minimum of 3 access roads to the Latimore Lake rd.
that are within approximately I mile of our school already. They are as follows;
a) Thomas Pit — this road already connects to the Lafarge Pit that this proposal
deal with!
b) Lafarge (Bustin BIvd)
c) Fundy Bay
We believe that these roads provide adequate access to these pits
2) If you have ever had to deal with these trucks on a daily basis. You would know
that generally the drivers of these trucks have very little regards for the rules of the
road.
Examples;
They do not stop at stop signs
They pull out in front of traffic, sometimes causing vechicle to have to
come to a complete stop to avoid an accident.
3) We have grave concerns allowing this proposal to be located beside our
elementary school (K -5). To make matters worse this road is on the playground
side of the school.
4) We believe the dust conditions could & will create Health problems for our
children.
5) Also the dust conditions that this road will create will be detrimental to the
beauty, let alone disrespect that will be shown to the final resting places for the many at Ocean View
Memorial Gardens.
With these in mind we are sure that you will make the Right decision and Deny this Application.
ly;
Zltru-
Dave Bustin; Chairman
Latimore Lake School Parent Advisory Committee.
MAY 31 1"9
CITY OF
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0000 442 20 10
Department: COMMON CLERK
Contact: MARY MtJNFORD
Phone: 658 -2862
Fax: 658 -2802
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTG =Saint John Times Globe; T -J= Telegraph Journal)
SJTG City Information Ad
SJTG Independent Placement
SJTG Classifieds
T -J Independent Placement
T -J Classifieds
Date(s): Tuesday, May 18, 1999
Tuesday, June 8, 1999
Date(s):
Date(s):
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s)
❑ Mayor's Message ❑ General Notice(s)
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary Munford, Common Clerk
Contact:
Telephone: (506) 658 -2862
PROPOSED ZONING BY -LAW AMENDMENTS
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, June 14, 1999 at 7:00 p.m., by:
1. RE: 655 LATIMORE LAKE ROADC:I
Re- zoning a parcel of land located at 655 Latimore Lake Road, having a width �t'
approximately 20 metres (66 feet) and a length of approximately 1.2 kilometres (0.7 -
miles), also identified as being portions of NBGIC #324905 and 55068738, from "RS- hF` �/
1 M" One and Two Family and Mobile Home Suburban Residential, "RS -1" One
and Two Family Suburban Residential and "P" Park to "RF" Rural, as illustrated
below.
(INSERT MAP)
REASON FOR CHANGE: To permit the construction of a new access road from
Latimore Lake Road to the existing gravel pit, located to the rear of the Latimore
Lake Mobile Home Park.
2. RE: 1151 GOLDEN GROVE ROAD
Re- zoning a parcel of land located at 1151 Golden Grove Road, having an area of
approximately 1.4 acres, also identified as being NBGIC #55099246, from "RS -1M"
One and Two Family and Mobile Home Suburban Residential to "B -2" General
Business.
REASON FOR CHANGE: To permit an office, showroom and building material
storage area for a building renovation contractor to be established within an
existing garage on the subject site.
The proposed amendments may be 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 amendments may be sent to the undersigned at City Hall.
I
til \
Existing
/ Gravel
Pit
Proposed
20m R.O.W.
To Be rezoned
To "RF" Rural,
Umore
Lake
\ \\ \LBckle Road
Latimore Lake
Mobile Home Park
DRAFT
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 655 Latimore Lake Road, having a width
of approximately 20 metres (66 feet) and a length of approximately 1.2
kilometres (0.75 miles) (being portions of NBGIC Numbers 324905 and
55068738), from "RS -1 M" One and Two Family and Mobile Home
Suburban Residential, "RS -1" One and Two Family Suburban Residential
and "P" Park to "RF" Rural classification
- 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:
*, the member of Council who presided at the
meeting at which it was enacted; and
Common Clerk
First Reading -
Second Reading -
Third Reading -
RU
office of the Mary L. Munford
Common Clerk Common Clerk
May 7, 1999
Lafarge Canada Inc.
P.O. Box 338
Saint John, NB
E2L 3Z3
Dear Sirs:
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 3rd instant, the
following resolution was adopted, namely:-
" RESOLVED that the application of Lafarge Canada Inc. for the re-
zoning of property at 655 Latimore Lake 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
Monday, June 14, 1999, at 7:00 o'clock p.m."
Enclosed is a copy of the Public Notice in this regard.
Yours truly,
Mary LQ unford
Common Clerk
MLM:sc
Enc (1)
E(�1riE1 ?J
City of Saint John
0
Application for a Zoning By -law Amendment
Applicant Related Information
Name of Applicant /� •'q�-4X e4 6,1U 0A 7.IC
Mailing Address of Applicant /51`'' & "X 3 r� �° via �e.� �k ,�✓� � R��
f��,✓ ✓✓ �,� Postal Code
Telephone Number Home — Business
Fax Number (if any) 633, —.,Ott i
Name of Property Owner (if different)
Mailing Address of Owner
Property Information
fA.tiC
Postal Code
2vs��
Location l• 5 5 ,r�:,.<,� e� .�As�� ��. z Ss Cls'�3i�
Civic# Street NBGIC#
Lot Area S 9 ✓'` street Frontage
Existing Use of Property K 1° v
Municipal Plan Land Use Designation
Amendment Requested
Present Zoning
C9'Change Zoning to ;,W c
and/or
❑ Text Amendment (indicate particulars)
Development Proposal
Description of Proposal O4,K f e-.'oJ.,,c )f To .Pc A .7', A,(„ r
D1 {JA-e iflAf &,C // QU!L 'i.vG P.Qall�>y 70 ALL..,.J AZ 7Nt
CON .liRuC.' /v.) c�.0 iI,J /a CCL Jf A; caw a. %.V /J
l/.1 1?e -4 V a,eX-j(144,i- Aef7e� -tct
Lam•: a-
You must provide a scaled site plan that illustrates 1. You may also provide
photographs, building plans, elevation drawings and any other form of information. The plan
must show the dimensions of the property, the location of all buildings, driveways, parking
areas, landscaping and signs. It is important that the distance between the property
boundary and buildings are shown.
Provide reasons why this amendment should be approved
JiNI� ACG(iroe—)e -- 7-ej .c4 ej. .EJ : NE 2"A.L GY /lc _(
r(/.Ivc /Ctit of IVV-4r_2Lu1 .4,,7E.4ri7S %o Cv.c/� 70 'f', /
4UC.Cf1- Ad.%A L C.jT '<A.J.e'""✓i a1 To GN —, A 4,, 'a,— v;L
.JiF Y. /t ,C L
OF if161c- A T7.irlrS H4-le fit /aEd _ Wt e,--,, 7r 1rJ A
OLIA Acc,es r t,.) /71-j Al&e tit/ �r (f io 0,,X .b'F c..ES.
Provide any other information about your proposal that would be helpful _
A-71-1 -7-12 4,1,e, C ['O.J e.7A vj 4J-
WL "LG Af .:.✓ �C JAeci
Signature of Applicant. r--.e 't <�
Date 4'1e,, 1t'. 155 s
1400 Application Fee Enclosed
Ifyou are not the owner of the land in question please have the owner sign below. The
signature from the owner is authorizing this application to proceed for consideration by
Common Council.
Signature of Owner (if applicable)
Date
A Me ADI Limited
�� Hilyard Place, Building "A ", 560 Main Street, Suite 100 Li Saint John, NB, Canada, E2K 1J5 Tel: (506) 646 -8020 Fax: (506) 646 -8025
G R O U P
April 28, 1999 E -mail address: saintjohn @adi.ca 1998- 57.1/2.2
Lafarge Construction Materials
P. O. Box 99,
Saint John, NB
E2L 3X1
Attn: Kent Duggan
Re: Pit Access Road Relocation
Latimore Lake
As requested, we have reviewed the proposed relocation of the access road for the existing gravel
pit on Latimore Lake Road as shown on the enclosed plan. The proposed intersection between the
access road and Latimore Lake Road has been analysed from a traffic safety and aesthetic
perspective.
To determine if the location is acceptable from a traffic safety perspective, the issues of vertical and
horizontal alignment, sight distance, and traffic impacts have been investigated and are discussed
below. The Transportation Association of Canada (TAC) Manual of Geometric Design Standards
for Canadian Roads was used as a guideline in the investigation.
Alignment
Both vertical and horizontal alignment play an important role in the efficiency of an intersection.
Ideally, the minor road should meet the major road at a right angle, and the gradient of the minor road
should match the cross slope ofthe major road. Both of these conditions can be met for the proposed
site. The minor road meets the major road at 90 °, and the sight is relatively flat, making it possible
for the minor road to match the cross slope of the major road.
Sight Distance
Four different sight distance criteria must be satisfied when locating an intersection; stopping sight
distance, turning sight distance, crossing sight distance, and the sight triangle.
Stopping Sight Distance - Stopping sight distance is the distance required for the operator
of a vehicle on the major road to come to a complete stop if necessary. According to TAC,
the minimum stopping sight distance for a roadway with a design speed of 60 km/hr is
approximately 85 metres. The sight distance at the proposed intersection location exceeds
85 metres in both directions, therefore, this criteria is satisfied.
Turning Sight Distance - Turning sight distance is the distance required for the operator
of a vehicle on the minor road to turn onto the major road from a complete stop, and
accelerate up to design speed without interrupting the operation of the through traffic. Only
the right turn onto Latimore Lake Road was investigated since the majority of the turns will
be in this direction. According to TAC, the minimum turning sight distance for a right turn
onto a two lane highway is approximately 200 metres. The sight distance for the right turn
exceeds 200 metres, therefore this criteria is satisfied.
Engineering, Consulting, Procurement and Project Management
Charlottetown, Moncton, Saint John, Ottawa, Vancouver, Sydney,
St. J'ohn's, Halifax, Fredericton and Salem, NH
A _ _m® Lafarge Construction Materials
AdUV u Page 2
G R O U P April 28, 1999
Crossing Sight Distance - Crossing sight distance is the distance required for the operator
of a vehicle on the minor road to cross the major road from a complete stop, without
interrupting the operations of the through traffic. This criteria was determined not to be a
factor since the proposed access road is private, and the existing road directly across from the
proposed access road is a cul -de -sac. Therefore, there should not be any traffic crossing the
intersection.
Sight Triangle - The sight triangle is a line of sight from the vehicle at the stop sign on the
minor road to the oncoming traffic. This line of sight must remain clear at all times, and
dictates the setback limits for any development in the vicinity of the intersection. All
vegetation must be removed from within this sight triangle to maintain a clear line of sight
between the stopped vehicle and the oncoming vehicles.
Traffic Impact
The proposed access road is a relocation of the existing access road to a point further east on
Latimore Lake Road. Therefore, there will be no increase in traffic on Latimore Lake Road, just a
shift in location of the turning movements.
With respect to traffic safety requirements, the proposed location and alignment of the access road
is acceptable. To maximize the available sight distance, it is recommended that the access road be
constructed with a grade that matches the cross slope ofLatimore Lake Road for a minimum distance
of 20 metres, and that trees, bushes, etc. be removed from the vicinity of the intersection within the
sight triangle.
Aesthetics
The area surrounding the entrance to the proposed access road consists of dense, mature trees. The
existing trees create an effective buffer zone approximately 50 metres wide at the entrance, as well
as along both sides of the access road as it proceeds north toward the existing gravel pit. It is
recommended that the land cleared for the construction ofthe access road be kept to a minimum, and
that the existing trees remain for the width of the property until the access road is beyond the adjacent
land owned by Maritime Cemetery Co. Ltd. The typical 30 metre buffer will be sufficient after this
point.
If you have any questions regarding this matter, please do not hesitate to contact the undersigned at
the above number.
Sincerely,
Darrell P. F' er, P. Eng.
DPF /gse
Encl.
Proposed ;/!
20m R.O.W. 11
To Be rezoned
,ne
To "RF Rural
�V,
Existin,
Gravel
Pit
- A I
*ie R
\
Li
11
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T
May 21, 1999
City of Saint John
Bayview Credit Union
54 Loch Lomond Road, Saint John, N.B. E2J 1X7
57 King Street, Saint John, N.B. E2L 1G5
46 Main Street West, Saint John, N.B. E2M 3N1
P.O. Box 2100, Saint John Regional Hospital E2L 4L2
M 582 Main Street, Sussex, N.B. E4E 7H8
City Council
15 Market Square, 8th Floor
Saint John, N.B
E2L IE8
To Whom It May Concern:
This letter is to request permission for Bay-view Credit Union Limited to hold a fund raising
barbeque on June 30, 1999 in front of our branch at 57 King Street between the hours of
11:30 - 1:30.
Any questions or concerns please contact the undersigned.
Yours truly,
Leo J. -Ryan
Branch Manager
Proudly Celebrating Our 60th Anniversary
RECEIVE[
MAY 27 1999
Fax
(506) 634 -8585
652 -2536
(506) 634 -7910
634 -7449
(506) 635 -8193
635 -3017
(506) 648 -6600
648 -6605
(506) 433 -5005
433 -5134
This letter is to request permission for Bay-view Credit Union Limited to hold a fund raising
barbeque on June 30, 1999 in front of our branch at 57 King Street between the hours of
11:30 - 1:30.
Any questions or concerns please contact the undersigned.
Yours truly,
Leo J. -Ryan
Branch Manager
Proudly Celebrating Our 60th Anniversary
RECEIVE[
MAY 27 1999