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1999-07-12_Agenda Packet--Dossier de l'ordre du jour
AGENDA COMMON COUNCIL - as at July 9, 1999. 1. Meeting called to order, Monday, July 12, 1999, 7:00 p.m., - prayer. 2. Approval of minutes (June 28, 1999). WE23��� 3. 7:00 p.m. (a) Proposed Zoning By-law amendment to re-zone a parcel of land located at 475 Latimore Lake Road, from "RS- 1 " One and Two Family Suburban Residential and "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "RF" Rural classification, to permit the extraction, processing and removal of gravel material from the subject site, as requested by Fundy Bay Holdings Ltd. (b) Report from Planning Advisory Committee re proposed amendment. (c) Letter from Hughes Surveys & Consultants Ltd., submitting request of applicant to withdraw application. (d) Letter from Latimore Lake & Area Residents Association objecting to withdrawal of application. 4. 7:00 p.m. (a) Proposed Zoning By-law amendment to re-zone a parcel of land located at 225-227 St. John Street, from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, to place the property in a zone category that reflects the existing use as a three-family dwelling and to permit construction of a small addition to the building, as requested by Brian G. Eisan. (b) Report from Planning Advisory Committee re proposed amendment. DELEGATION 5. 7:30 p.m. - Helena Harvey of Painting Round - presentation re souvenirs of Saint John. - Loyalist Heritage Festival Committee — presentation of souvenir coins. 6. 7:45 p.m. - Presentation by Garry Prosser re Planning Advisory Committee authority for temporary use. 7. Mayor's remarks. - Presentation of certificates to Honourary Charter Officials. COUNCIL MEMBERS 8. Re enhancement of water utility services (Councillor Titus). 9. Re Latimore Lake gravel pit (Councillor Fitzpatrick). 9A. Re Red Head beach (Councillor Titus). CITY MANAGER 10. Re scheduling of presentation of the City of Saint John Water Strategy. 11. Re request for water services, Carpenter Place. 12. Re request of Lorneville Community & Recreation Association for funding for community projects. 13. Report re tender for Contract 99-11, Rockwood Avenue/Oakland Street water and sewer construction. 14. Re reconstruction of sidewalks along Greenhead Road. 15. Re funding for Kennebecasis Drive sewerage system project. 16. Re request for City sponsorship of 1999 Sun Life Skate Canada international competition (see also Item 40). 17. Re proposed re-zoning of property, 525 McAllister Drive (see also Item 26). 18. Re acceptance of surrender of lease, Mercantile Centre. 19. Re proposed widening of portion of Grandview Avenue, 20. Re license agreement regarding Irving Oil Refinery expansion. Page Two. COMMON COUNCIL AGENDA - as at July 9, 1999. CITY SOLICITOR 21. Third reading of proposed Traffic By-law amendment and Parking Meter By-law amendment re parking on Charlotte Street. 22. Re authority of Planning Advisory Committee to permit excavation in residential zone for temporary period. 23. Re police services reporting relationship, COMMON CLERK 24. (a) Third reading of proposed Municipal Plan amendment re 2690 Loch Lomond Road (1st & 2nd readings given June 28, 1999). (b) Third reading of proposed Zoning By-law amendment to re-zone above property, and imposing of conditions pursuant to Section 39 of the Community Planning Act (1st & 2nd readings given June 28, 1999). 25. Third reading of proposed Zoning By-law amendment re 319-321 City Road, and imposing of conditions pursuant to Section 39 of the Community Planning Act (1 st & 2nd readings given June 28, 1999). 26, Third reading of proposed Zoning By-law amendment re 525 McAllister Drive (1 st & 2nd readings given June 28, 1999.) COMMITTEES 27. Committee of the Whole report (June 28, 1999) - (1) re proposed Option Agreement for sale and development of Red Rose Tea and Drury Lane parking lot sites; (2) re Mark Drive by-pass road. 28. Saint John Parking Commission re issue of free metered parking on Saturdays. 29. Saint John Industrial Parks Ltd. re award of tender for roadway construction and services, McIlveen Drive. 30. Saint John Board of Police Commissioners re C.U.P.E. Local 486 collective agreement. 31. Saint John Board of Police Commissioners re expansion of Differential Response Unit office space. 32. Saint John Board of Police Commissioners re settlement agreement with Keith Langford. 33. Saint John Board of Police Commissioner re Service New Brunswick Building, Kings Square North. GENERAL 34. Letter from Harold E. Wright resigning from Preservation Review Board. 35. Application of NJP Developments Inc. for re-zoning of property, 477 Millidge Avenue. 36. Letter from Patrick D. Darrah re location of municipal works depot for East Saint John. 37. Request of Saint Mary's Band Inc. for financial contribution re purchase of new Band uniforms. 38. Application of Dr. Gary Fecteau for re-zoning of property, 375 Somerset Street. 39. Application of Milford and Linda Nason for re-zoning of property, 895 Grandview Avenue. 40. Request of Canadian Figure Skating Association for City sponsorship of 1999 Sun Life Skate Canada International. 41. Request of The Hardman Group Limited to use Boardwalk area during Buskers Uptown Festival. WITIN014 42.4:30 p.m. - Hearing of appeal re taxi license. 43. Nominating Committee report. 44. Re membership on Cities of New Brunswick Association committees (Councillor Trites). 45. Letter from C.U.P.E. Local 18 re residency clause. 46. Re purchase of land, Loch Lomond watershed (City Manager). 47. City Manager's update. 48. Mayors update. PROPOSED ZONiNG: BY-LAW AMENDMENT.., Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By-law at its regular meeting to be held on Monday, July 12,1999 at 7:00 p.m., by: N.4Wy&1F"_- if Re-zoning a parcel of land located at 475 Latimore Lake Road, having an area of approximately 55 acres, also identified as being portions • NBGIC # 335034 and 327106, from "RS-1 " One and Two Family Suburban Residential and "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "RF" Rural, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the extraction, processing and removal of gravel material from the subject site. Re-zoning a parcellof-land located at 225-227 St. John Street, having an area of approximately 490 square m 6 274 square feet), also identified as being if tres _(5.11 #365189, from "R-2" One and Two Filrnify.,,R idential to " " _.,, ahn.i. ly REASON FOR CHA - -- T—oplace the property in a zone category -that reflects the exi#.ng-trse as ", a three family dwelling and to permit the construction - dfa__. sftleffl -addition to the building. 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. Lake rjo- ad Latimore Lake City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Special Instructions (if any): News.paper 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 15, 1999 Tuesday, July 6, 1999 Date(s): Date(s) : Date(s): Date(s): Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: I Telephone: (506) 658-2862 Office of the Mary.L. Munford Common Clerk Common Clerk May 31, 1999 Fundy Bay Holdings Ltd. C/o Hughes Surveys & Consultants Ltd. 162 Charlotte Street Saint John, NB E2L 2J7 Dear Sirs: PO, Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4LI At a meeting of the Common Council, held on the 25th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that the application of Fundy Bay Holdings Ltd. for the re- zoning of Site 1, 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, July 12,1999, at 7:00 o'clock p.m."' Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. 47unford Common Clerk MLM:sc Enc JI-_? Application for a Zoning By-Law Amendment Applicant Related Information Name of Applicant: Fundy Bay Holdings Ltd. Mailing Address of Applicant: c1a Huglles_Surveys & Consultants Ltd. 162 Charlotte St. Saint John NB Postal Code E2L 2J7 Telephone Number Home: Business: 634 -1717 Fax Number (if any) 634 -0759 Name of Property Owner (if different) Fundy Bay oldin,.g,s Ltd. Mailing Address of Owner Hughes Surveys & Consultants Ltd, 162 Charlotte St. Saint John NB Postal Code E2K 2J7 Location: SITE 1 Latimer Lake Road 00335034 Civic# Street NBGIC# Lot Area 15.4 Acres - ,Street Frontage 45 +_M _ (150') Existing Use of Property: Vacant Land Municipal Plan Land Use Designation Location: SITE 2 Latimer Lake Road 00327106 Civic# ,Street Lot Area 39. 5 Acres Existing Use of Property: Vacant Land Municipal Plan Land Use Designation Amendment Requested Present Zoning RS 1 RS1M NBGIC# Street Frontage: 240M + (800')LatimerLake ❑ Change Zoning to RF and /or Li Text Amendment (indicate particulars) File: Page 1 May 14, 1999 ilk t t i0piru's pay"I 1, Ks MMINMET7, COMP Area to be rezoned from RS-1 to Rf 22.2 ho (54.9 Acs) :k Existing Fundy Bay Holdings Ltd. Excavation Site Planning P,O. Box 1971 506 658_2800 Advisory Committee Saint John New Brunswick ° Canada E2L 41 -1 June 25, 1999 Your Worship and Councillors: SUBJECT: Proposed Rezoning 475 Latimore Lake Road On May 25, 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 June 22, 1999 meeting. I City of Saint John Dick Turner, Hughes Surveys & Consultants Ltd., and Stephen Langille, Fundy Bay Holdings Ltd., attended the meeting in support of the application. In addition to the requested rezoning, the application included a request that the Planning Advisory Committee approve a short-term excavation project on the site as a temporary use. Both Mr. Turner and Mr. Langille expressed disagreement with the staff recommendation that the temporary use and rezoning be denied. Mr. Turner gave a brief history of the Fundy Bay Holdings operation and the importance of the gravel resources in the Latimore Lake Road area. He stressed that any excavation would be working toward grades that would allow eventual residential development. Mr. Langille reviewed the staff report in detail with the Committee, referring to a number of statements with which he disagreed. He also indicated that the report contains two factual errors, as follows: • the report indicates that the Building Inspector issued a "stop work order "; however, no such order was issued. Staff confirmed that they have since learned that the Building Inspector had only discussions with the applicant and wort{ was stopped. No formal order was issued. • the report indicates that the site is identified as being in an area of "secondary importance ", whereas at least one of the provincial maps identifies it as being of "primary importance," Planning Advisory Committee June 25, 1999 Page 2 Mr. Langille stressed that his proposal utilizes a vital resource, is in a more remote location than his existing pit with respect to proximity to residential development, and that, in his opinion, it is an extension of an existing operation and not a new one. A large number of persons, mainly residents of the Latimore Lake Road area, attended the meeting in opposition to the application. Odette McGrath, Terrence Gray, Margaret Dube, Jeff Sullivan and Gordon Dalzell addressed the Committee on behalf of the residents. Their concerns included the impact of truck traffic on Latimore Lake road, including safety concerns, the condition of the applicant's existing pit and other pits in the area, noise and dust. There were 37 letters and a 275 -name petition against the application, as well as late comments received from School District S and the N.B. Department of Environment. Copies of the letters and petition are attached. After considering the report, letters, petition and presentations, the Committee decided to recommend that the proposed rezoning be denied, However, the Committee did approve the applicant's request for approval of a temporary use to remove material for a limited time period of 30 days, provided that no excavation occurs at the existing pit when the temporary pit is being excavated. That Common Council deny the proposed rezoning. Respectfully submitted, f G.A. (Sandy) Robertsorj( Vice - Chairman RGP /r Attachments Community P.O. Box 1971 506 658-2835 Planning Saint John 506 658-2837 (Fax) New Brunswick Canada E2L 4L1 DATE: JUNE 18,1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING "0- City of Saint John SUBJECT: Name of Applicant: Name of Owner: Location: Municipal Plan: Fundy Bay Holdings Ltd. Fundy Bay Holdings Ltd. 475 Latimore Lake Road Parts of 327106 and 335034 Unserviced Residential Existing Zoning: "RS-1" One and Two Family Suburban Residential and "RS -1M" One and Two Family and Mobile Home Suburban Residential Proposed Zoning- 175F ,fiff= Proposal: 1. To remove approximately 70,000 tons of gravel material as a temporary use. 2. To establish a gravel pit on the subject site as a longer-term operation. Fundy Bay Holdings Ltd. Page 2 475 Latimore Lake Road June 18, 1999 Type of Application: 1. Temporary Use 2. Rezoning The Zoning By-law authorizes the Planning Advisory Committee to permit, for a temporary period not exceeding one year, a development otherwise prohibited by the By-law. The Committee can impose conditions. 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 Monday, July 12, 1999. That the Planning Advisory Committee deny the application for approval of the proposed temporary use. 2. That Common Council deny the proposed rezoning. INPUT FROM OTHER SOURCES: Engineering has no objection to the application. No traffic may cross the City water pipeline to the north of the property. Care should be exercised to prevent runoff into and siltation of the stream to the north. Building and Technical Services has no comment. Saint John Police Force has no objection. N.B. Department of Environment has submitted no comments. School District 8 has submitted no comments. Fundy Bay Holdings Ltd. 475 Latimore Lake Road Proposal Page 3 June 18, 1999 The applicant, Fundy Bay Holdings Ltd., operates a large gravel pit on the south side of Latimore Lake Road in Bast Saint John. The company is proposing to open up a new area for sand and gravel extraction on land that it owns on the north side of the road, directly across the street from the existing operation. The location of the subject site is illustrated on the attached map. There are two parts to this application: 1. Temporary Use The applicant has requested that the Planning Advisory Committee approve the excavation of gravel material from a large knoll on the site as a temporary use. The applicant indicates that the purpose of the proposed temporary use is to obtain approximately 70,000 tons of gravel material for a short-term construction contract, namely the Wal -Mart development on Westmorland Road. The applicant indicates that this is equal to approximately 2,800 dump trailer loads leaving the site. As the need for this material is immediate and for a specific duration (i.e. June to September) and quantity of material, the applicant is requesting approval in this manner. The applicant claims that it would be easier and less disruptive to obtain the required material from the subject site, rather than from the present pit on the south side of the road. This is because the particular type of material is more accessible on the subject site, whereas there would need to be a significant amount of additional excavation to get to a similar type of material on the existing pit property. 2. Rezoning of Site The applicant has also requested that Common Council rezone the subject site from "RS -l" and "RS -IM" Residential to "RF" Rural. The applicant has recognized that there is a significant aggregate resource on the land and has requested this rezoning in order to permit a longer -term gravel pit operation on the site. The applicant has submitted the attached plans showing the area that it wishes to have rezoned, as well as the proposed temporary extraction site within this area. Fundy Bay Holdings Ltd. 475 Latimore Lake Road Page 4 June 18, 1999 The applicant's plans also indicate how the site and adjacent lands could be subdivided for residential development after the sand and gravel resources are removed. Included are cross-section drawings indicating the final elevations. These indicate that the large knoll will be removed and the steep slope towards the pipeline will be excavated to create a more gently sloping topography suitable for residential development. The applicant recognizes that it could take many years to reach these eventual elevations and ultimate creation of a residential development. Description of Applicant's property and Subject ,Site The applicant's total land holdings to the north of Latimore Lake Road comprise approximately 135 acres. The majority of this land is located between Latimore Lake Road and the pipeline. However, approximately 24 acres of the applicant's land holdings do extend to the north of the pipeline to Loch Lomond Road. The frontage of the applicant's land holdings extends from just east of Likely Road to the Latimore Lake School property, a distance of approximately 2,300 feet. This frontage is not continuous, however, as four residential lots have been severed from the front of the property in the past. The applicant's land is wooded and undeveloped, except for the recent construction of some gravel roadways. A portion of the proposed temporary extraction site has been disturbed by excavation of material, mainly for construction of these roadways. Some of the material was also removed from the site prior to the issue of a Stop Work Order by the Building Inspector. The gravel deposit appears to extend across the property from west to east, and is part of the major area of gravel that includes the Lafarge and Thomas Construction pits further to the east. Further north, toward the pipeline, the land drops off significantly to a lower elevation. The subject site itself (i.e. the portion of the company's property which the applicant is requesting to be rezoned) is illustrated on the attached map. It is irregular in shape, having a frontage of 100 feet on Latimore Lake Road, which accommodates the access roadway. At a point approximately 500 feet back from Latimore Lake Road, the site area widens to approximately 1,300 feet at its widest point. The site has a total area of approximately 55 acres. Except for the four previously severed-off residential lots at the front of the property, the site abuts undeveloped wooded land on all sides. As mentioned previously, Fundy Bay's existing gravel pit operation is directly across the road from the subject site. Fundy Bay Holdings Ltd. Page 5 475 Latimore Lake Road June 18, 1999 Latimore Lake Road Neighbourhood The subject site is located in a semi-rural, or unserviced residential, area of the City. The area has developed residentially in a linear fashion along Latimore Lake Road, with some additional residential development on dead-end side streets. As noted above, some of the existing residential development has been severed from the land now owned by the applicant. The area in the immediate vicinity of the subject site is located approximately midway between two denser pockets of residential development-- one at the corner of Likely Road to the west and the other on Lackie Road to the east. Approximately 200 metres (660 feet) to the east of the entrance to the proposed pit is the Latimore Lake School, which is one of the focal points of the residential community. Besides the existing Fundy Bay gravel pit, there are three other working pits in the general vicinity. These include the Thomas pit located to the west of Fundy Bay's (opposite Likely Road), the Lafarge pit located behind the Latimore Lake Mobile Home Park, and another Thomas Construction pit immediately east of the Lafarge pit, The Municipal Development Plan designates the subject site and area Unserviced Residential, This designation includes all of the area along both sides of Latimore Lake Road, extending northward to Loch Lomond Road. The southern boundary of the Unserviced Residential designation is approximately 500 feet to the south of and parallel to Latimore Lake Road. Beyond this boundary to the south, the designation and zoning is Rural. The policies of the Plan describe the area as developing with low density residential development with on-site water supply and sewage disposal facilities. Municipal Plan Policies for Aggregate _Extraction Section 2.4.3 of the Municipal Development Plan recognizes the importance of aggregate resources and extractive operations within the City. The Plan indicates that existing pits and quarries form an important component of the economic activities in the region and it is the intent of the City to support and encourage their continued operation as a contribution to the economic health of the community. It is also recognized that pit and quarry operations constitute a disturbance and hazard to nearby urban uses and, consequently, the Plan envisions that the effects of such operations be minimized and the locations of new extractive operations be controlled. Fundy Bay Holdings Ltd. 475 Latimore Lake Road Page 6 June 18, 1999 Section 2.4.4 of the Plan contains the policies for residential areas designated in the Plan. The Unserviced Residential land use designation recognizes both the pattern and type of development that has been taking place in this area, and permits further residential development to take place along existing streets and in "rural residential subdivisions" on new streets. With regard to "non-compatible" uses in the Residential designations, Section 2.4.4.7 of the Plan states as follows: [It shall be the policy of the City of Saint John] to exclude from residential areas, those uses that are not compatible with residential uses with respect to the following characteristics: a) the generation of traffic that is excessive in volume and not local in nature; b) the production of smoke, dust, fumes, or noise; c) the creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. This policy would tend to suggest that the proposed new gravel pit operation is not supported by the Municipal Plan. However, the proposed excavation area itself is fairly well separated from existing residential development and in a location that is "downwind" from the Latimore Lake Road during the construction season. Gravel pits can and do operate successfully in many areas that are designated for eventual residential development, and the applicant's intent is not to excavate beyond a point that provides a suitable topography for the eventual development of a residential subdivision. However, the question remains as to the actual need for an additional pit when there are already a number of existing working pits that have not been worked out and rehabilitated. it would also appear to be not absolutely necessary to remove all of this material in order to prepare the land for residential development. Pits and Quarries Aggregate Resource 3trate A draft Pits and Quarries Aggregate Resource Strategy was prepared in 1994 by the Community Planning Department, in response to Common Council's request for a review of the development process for pits and quarries in the City. The document recommended a number of policies and actions to guide such development in a manner that is compatible with other forms of urban development. The document was prepared in consultation with both the aggregate Fundy Bay Holdings Ltd. 475 Latimore Lake Road Page 7 June 18, 1999 industry and interested citizens. After an initial review by Common Council, the aggregate industry and interested citizens, it became apparent that a consensus on the approach to the issues could not be reached. Since 1995 there has been no significant work or progress made toward resolving this impasse due to other priorities. However, prior to the submission of the present application for rezoning, Community planning had identified a revisiting of the study as part of its 1999 work program. The 1994 report's most important recommendation is that excavation be removed . as a permitted use in the "RF", "1 -1" and "1-2" zones, and that a specific zone be created for this activity. Such a change, if implemented, would require that the subject site be rezoned to a "fits and Quarries" zone rather than the proposed "RF" Rural zone in order to permit the establishment of a gravel pit. As a result, the process would be the same as the current review process, and would require the evaluation of the same issues as are relevant to this application. In addition, the study recommended specific changes to the excavation standards. these improved standards could be incorporated into specific Section 39 conditions if the subject site were to be rezoned to "RF ". Finally, the study includes maps and description that identify aggregate resources of primary and secondary importance (see Aggregate Resource Strategy document, maps preceding page 25). The subject site is identified as being in an area of "secondary importance ", which also encompasses the existing Lafarge and Thomas pits and the intervening area between those pits and the subject site. The Pits and Quarries Aggregate Resource Strategy recommends that, where not located in areas of cultural, social and/or physical constraints, the areas of primary and secondary significance should be recognized and protected from encroachment of incompatible uses (such as residential development). In this case, the study does identify, in a general fashion, the Latimore Lake Road residential area as an area of cultural and social constraints. Of course, this would apply to the area immediately adjacent to the road, which is developed for residential purposes, and points to the main concern with respect to the proposal, which is discussed in the following section. Traffic and Access The main concern with this application relates to the impact of truck traffic using Latimore Lake Road as the access to the pit, in terms of dust, noise and safety. While Latimore Lake Road is considered to be a collector and truck route, it has also been permitted to develop as a linear residential area. Concentrations of residential properties are located both east and west of the proposed access point, with more intermittent ribbon residential development along the road's entire Fundy Bay Holdings Ltd. Page 8 475 Latimore Lake Road June 18, 1999 length. Sidewalks are provided only along portions of the road, and not in the immediate area of the access point. Safety concerns have been expressed by area residents regarding the impact of the traffic resulting from the operation of the existing pits. An additional pit would add to this concern, although it could be argued that the truck traffic would exist in any event with more trucks accessing the Fundy Bay's existing pit if this one is not approved. An alternate access to the proposed pit area would significantly reduce the problems associated with the proposed use and its impact on the Latimore Lake Road Area. If this issue could be resolved, there is potential that the resource could be successfully extracted prior subsequent residential development. In discussing this issue with the applicant, it has been suggested that there is potential for developing a separate "haul route" extending west from the subject site across two or three other large properties (one of which is owned by the applicant) to the large City -owned property that extends to Hickey Road. A map showing this possible haul route, which could potentially also accommodate truck traffic from the Lafarge and Thomas pits, is attached to this report. At this time, the feasibility of this alternative access has not been explored in detail. Approval of the rezoning should not be considered until such time as the necessary studies and contacts with affected property - owners are finalized. Proposed Tenaporan Use As noted previously, the applicant is seeking the Committee's approval for a short -term project to remove approximately 70,400 tons of material from the subject site. The specific project is to supply gravel material for the new Wal- Mart being constructed on Westmorland Road. The applicant is seeking this permission independently of the recommendation and decision on rezoning the site for the proposed longer -term pit operation. As noted on page 2, the Committee has the authority to approve, for a temporary period of up to one year, a development that is not otherwise permitted by the Zoning By -law. Approval of such a proposal as a "temporary use" is not without precedent. In 1995 the Committee approved the excavation of clay material from a residentially -zoned property on Red Head Road, to be used for construction of the liner for the Irving Paper Ltd. wastewater treatment lagoon in East Saint John. An application was also made in 1997 to permit a temporary excavation site on Acamac Backland Road for supplying material for the Highway 7/177 interchange. The Committee did not approve that application. Fundy Bay Holdings Ltd. 475 Latimore Lake Road Page 9 June 18, 1999 The present application also can-not be supported. While the proposed project will be time-limited (approximately three months duration), it does result in a permanent alteration to the property. An important distinction between this application and the Red Head Road approval is that the Irving proposal was directly related to a construction project on the adjacent property, while this application does not. In addition, there are existing operating pits where this material can be obtained (including the applicant's present pit), without the need to open up a new area prematurely. The subject site contains an area of significant aggregate resources. Although the proposed pit area is relatively isolated from the residential development on Latimore Lake Road, the concern with this proposal relates to the suitability of Latimore Lake Road as a route for the gravel trucks. City policies, while not actively encouraging residential development in this area, have resulted in the creation of a residential community that has experienced conflicts with the existing pits on the street. The issue of access to this resource requires resolution before any additional operations are added to the area. On this basis, it is recommended that the application for rezoning and temporary use be denied. LAPAkGE RS_ PVT P Subject Site: w M NBGIC Number (s): 00327106 (part 0f 00335034 (part ©f r� ,address: 475 Latimore Lake Road RS -1 Map Number: 07P -BO Date: dune 2, 1999 Scale: N.T.S. RS -1 P RS- 1 s Y r_ "gj �nN ,} a rrg' RS ! Rs- 2 RS - 1 Ir IL- 1 3ttmore P fake /Road RS- ZtS f M F EXI ST SN 6( RF Pu m o A eA,-/ / A4Ps p i T La kie Read PI -F RF Subject Site: w M NBGIC Number (s): 00327106 (part 0f 00335034 (part ©f ,address: 475 Latimore Lake Road Map Number: 07P -BO Date: dune 2, 1999 Scale: N.T.S. ,-f R.? - Ex�,tjng contoury taken from -ropo mapping Area to be rezoned from RS-1 to Rf 22.2 ha (54.9 Acs.) ± I OVS UOII*At):)x3 'Pll C6u'pJOH Aoa Spunj 6ullsix3 Poo�j Q�o Ja uJI; ol F—Z6 4"l W.2 n 7- • iz P4 z C) 71 F- z 0 r 116. < LLJ (A W ia- o E < kf) Q- CL L� 0 = w 6 < 0 CL CD — Of .04 zo 0 z o 57< 0 -po V) T Z 0 Q adti VN C N —Z �;4 Iasl -, ��ff 0 0 0 0 0 C� 0 0 C) 0 0 0 0 0 4 c-4 6 c6 6 cri 0) m 00 Do 4 C4 00 co I. C> 303HIN30 J,VMCIVM Wtinj rP Of . -4 C14 3 173UNIO 04 0 d ad N :f UJ V)l 0 0 C) o C) 0 d' C, l o CC) (0 a) (n 0) co 00 t C4 00 co v O 4d rd V) Je • ■ C) C) C). 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C)L Of V2 cif �J uo a ' ,f _ camp ', i It 1 M r{�{�' r.*^�1 ' ' •4✓ + l/ �. � - �+ChA, �[ �" � 1 l_V:..7 ;ji1 Y'1 . r I . a } r19he�__1- a<Kn<?�d �6-A_CLn[9s�1_Lv)-J -- 4. �� I /. �:.. / .� � s ,< �� ��.:�. �: .� - �� I /. �:.. / .� � s ,< �� ��.:�. st.� C Lfc L ie cL i �' ct L cc F r7/Llr Zi 'l.e L , t ,+t L �✓G� cyZ r s!u� % r,�1.'�- ���.- 'G�-�✓�"s"6 ��7i!"� -.L.J � ylry�i /��%iJ�J ,/�s!�f��(fZ..' �..�`F!r✓✓1nt c„°�t�L� ..�/1L�t'[� . �=� G�G`�~G� ./%.v''�v .�'4 -� LC.,Ls2.1 —�— .. ��� /L- v'- ,ruLG��`G f�--� � , `�_ .� -G-�• ,f✓`-r�2u�- �- ✓"�i�- /Y• �F' t-G-2 d-�� rL% lv�--- F`l.�- fs�'.- '`�- "l. --C-� � , ,v.rr,/`f /;�,,' �. may,.^- c- -�...�x'4�. ,j`� y� _�'�t °e- ✓-rr..- c - °a-� ,• <G�w .�Lr -r✓� f� !/J -.��. �. �S.-- vYL1"- !✓rG.;� ,c':,92i -4�� il�c.- e- ...d.:��G.G-- FLR��CG- : d.- vt -�+L° C_- %s_- f�t-s% ,/, ✓c-GC� ,�' /.r' J�"�✓�GtL.. �9 r -� r2��/� ,ilk /, Oc- I-t�°- ✓Lu✓2Ltis ,.� -G-&r wG"rt.L'c��sy%t <_.Cv2L-- GIsG✓'- r- t.^Z-LZL'�dv�' -Y-^-' !r IV'"F- .:��C%.,�2..�� June 13, 1999 TO: THE PLANNING ADVISORY COMMITTEE CITY OF SAINT JOHN P.O. BOX 1971 SAINT JOHN N.B. E2L 4L1 FROM: TERRY MCGRATH J ,' 30 LACKIE RDd SAINT JOHN N.B. E2N 1X5 �`� nr" AAN& ` RE* PROPOSED GRAVEL EXTRACTIOX 475 LATIMORE LAKE RD. I WOULD LIKE TO STATE AT THIS TIME MY VERY STRONG DISAPPROVAL OF THE APPLICANTS PROPOSAL. THE APPLICANT HAS FOR SOME TIME OPERATED A GRAVEL PIT ON THE OPPOSITE SIDE OF THE ROAD OF THE PROPOSED SITE,THIS EXISTING PIT IS BASICALLY IN MY BACK YARD. I WOULD ASSUME THAT THE EXISTING PIT MUST HAVE PLENTY OF GRAVEL LEFT IN IT AS IT HAS NOT BEEN FIXED IN ANY WAY TO MAKE IT MORE ACCEPTABLE FOR THE RESIDENTS IN THE AREA.I HAVE LIVED ON LACKIE ROAD FOR ABOUT 30 YEARS NOW, AND IF I WERE OLDER AT THE TIME THE EXISTING PIT STARTED I WOULD HAVE CERTAINLY HAD SOMETHING TO SAY ABOUT IT. AS IT IS RIGHT NOW MY PROPERTY IS WORTH LESS WITH THE PIT IN MY BACK YARD,I CAN NOT LEAVE MY WINDOWS OPEN BECAUSE MY HOUSE WOULD FILL WITH DUST. IF I WASH MY CAR IT IS COATED WITH DUST WITHIN AN HOUR. IF I LEAVE MY WINDOW OPEN ON MY VEHICLE IT FILLS WITH DUST. IN THE SPRING WHEN THE SUN IS STRONG ENOUGH TO MELT THE SNOW AND IF THE TOP OF THE HILLS ARE NOT COVERED WITH SNOW, THE SNOW IN MY YARD BECOMES BLACK WITH SAND FLEES, AT FIRST I THOUGHT THIS WAS DUST BUT YOU CAN SEE THEM HOPPING IF YOU DISTURB THE AREA. IF THE WIND BLOWS JUST A BIT ON A DRY DAY THE AIR IN MY YARD AND THE AREA IS DUST FILLED. THE MAIN ROAD IN THE AREA IS FULL OF HUMPS BUMPS AND PATCHES AND I AM SURE THIS IS FROM ALL THE TRUCK TRAFFIC IN THE AREA. THE NOISE,AND AIR POLLUTION IN THIS AREA ALONG WITH THE TRUCK TRAFFIC IS TO MUCH NOW. DO NOT PERMIT ANY MORE PITS OR SIMILAR OPERATIONS IN THIS AREA UNTIL THE EXISTING ONES ARE CLEANED UP AND MAYBE DEVELOPED.THE CITY SEEMS TO FORGET ABOUT US NOW EVEN THOUGH WE ARE TAX PAYERS. WE ARE IN THE CITY LIMITS AND MOST CITIES IN THE PROVINCE DO NOT ALLOW THIS TYPE OF OPERATION WITHIN CITY LIMITS. CONCERNED WRRY CITIZEN MCGRATH i i e IQ r e t . s If + _ /} c S; + + __... �"�?�_r_..�C- �.,_.sa. -._. _/`�,�2:r.� -.r, cam. .�. --�- I'���- �-- �- �.�- •�._--- �.— .__�., a F ., a_.� �� r 3 � r /' ( r. . _.._.. _..a_ �- -_... -� _ _____�— .�. ». _ I_.�,�_ -._ �--- _ r t �! ! - .�.�,�..--- --�.� _.. W_ _ _.. �_. -..�.- gi "El eat u 1,12W xoo' o AWN oil Ire, 1-�27' CLI keep,,- on Charlene Farfitt 41 Lackie Rd. Saint John, NB. E2N IX6 June 18, 1999 The Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E2L 4LI To Whom It May Concern: I am writing in response to a request for a temporary permit to extract gravel, and a rezoning application for a long term gravel pit on the same site located just below the school on the Latimore Lake road. As a property and home owner I am opposed to this proposal. I Urge you the members of the Planning Advisory Committee and the members of Common Council to maintain the residential status and vote NO to these proposals. I also urge the residents of Latimore Lake and surrounding areas to write to and attend the Planning Advisory Committee on Tuesday June 22, 1999 at 6:00 PM and before Common Council Monday July 12, 1999 at 7:00 PM both meetings being held in the Council ZD Chambers. Sincerely, I-awkZW p4w Charlene Parfitt Juli 1 8 1999 Douglas Parfitt 41 Lackie Rd. Saint John, NB. E2N 1X6 June 18, 1999 The Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 To Whom It May Concern- I am writing in response to a request for a temporary permit to extract gravel, and a rezoning application for a long term gravel pit on the same site located just below the school on the Latimore Lake road. As a property and home owner I am opposed to this proposal. The residents of Latimore Lake pay property taxes as though we lived in a residential area, although after a drive along the Latimore Lake road one would begin to wonder. We have lived with Gravel pits and trucks for decades and have accepted them but we shouldn't have to put up with any additional or new ones, especially taking into consideration the lack of effort to comply with regulations requiring buffer zones, filling and leveling, regreening etc. - by some of the past gravel pit owners, I Urge you the members of the Planning Advisory Committee and the members of Common Council to maintain the residential status and vote NO to these proposals. I also urge the residents of Latimore Lake and surrounding areas to write to and attend the Planning'Advisory Committee on Tuesday June 22, 1999 at 6:00 PM and before Common Council Monday July 12, 1999 at 7:00 PM both meetings being held in the Council Chambers. Sincerely, Douglas Parfitt JUN 18 1999 Crystal Parfitt 41 Lackie Rd. Saint John, NB. E2N IX6 June 18, 1999 The Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 To Whom It May Concern: I am writing in response to a request for a temporary permit to extract gravel, and a rezoning application for a long term gravel pit on the same site located just below the school on the Latimore Lake road. As a property and home owner I am opposed to this proposal. I Urge you the members of the Planning Advisory Committee and the members of Common Council to maintain the residential status and vote NO to these proposals. I also urge the residents of Latimore Lake and surrounding areas to write to and attend the Planning Advisory Committee on Tuesday June 22, 1999 at 6:00 PM and before Common Council Monday July 12, 1999 at 7:00 PM both meetings being held in the Council Chambers. Sincerely, c --J RA Crystal Parfitt JUN 1 8 1999 ),L JL N RECEWD .111M I R NO-- , 77 ---------- AT .5 FJE� zU 607--� T-0 �rj ryv o Pr- ;DtIVE vow, jAJj)Sy9JC--J--L)S JAJ tlj p Fop-, wj+)cj) -T7 ,I�MVE 7-0 p3 = y Y) Al( Ivi OE 0 v K, I-)IHE vJ A" R\-D j4vP-a7 11.,VD A-T- T?)7--- --)HF y ,1 .pia ./7- )S 6 IW�170� F TX7E ar--f 7R u 7-0 p .,AJ ,t 176, Dear Sir or Madamm I would like to send my mzima and upoinion in the form of this letter,which I elrea y mao n d did � than a month ego against Lo Farge Company, now here we are again trying to stop Fundy Bay-Holding from putting in yet another Now if we did not want another accsess road, what makes any one thki- think that we now will allow dnother gravel pit. Which would still mean more trucka,dirt, dust, not to mention the extra damage to our already delmpetetod roads. As well as adding the extra safty factors to every one in our communittw environment and that is not taking into consideration the damage to the and wild life. Now another thing that I am having a serious problem with is the fact that our communitty is the last one to find out about any new proposal brought up to Common Counsel, so that via would have more valuble time to try and stop them. And the last thing that I would like to comment on is finally putting an absolute stop to all of these rediculious applacaitions for rezoning in our communitty, and the only way that that can be done is to simply re-zone us to RESID[NTAL AREA ONLY, Sincerely Yours Marlene Arsenault 1140 Latimooe Lake Road 168 Harbourview Drive Saint John, N. B. E2P 1B6 June 17, 1999 City of Saint John Post Office Box 1971 Saint John, N. Ba E2L 4L1 Att: City Solicitor SUBJECT: Authority of the Planning Advisory Committee "Temporary Use" Dear Sir.: Some months ago, Common Council questioned the Planning Advisory Committee's (PAC) authority for granting Temporary Use of property. At that time, I wrote Council and also questioned the authority of PAC regarding some applications for Temporary Use. A proposed Gravel Extraction at 475 Latimore Lake Road will be considered by PAC on June 22, 1999, and it is for this reason that I am now asking you, the City Solicitor for a definitive legal opinion on Temporary Use based on, but not limited to the following example. Extraction of soil, sand, gravel or any other material over 1 metre in depth requires an excavation permit. Further, excavation is not permitted on land zoned as residential. Temporary Use was intended for exactly that purpose, temporary. Meaning upon the expiration of the approved temporary use, the land would be left in the same or similar manner prior to the temporary use. According to a former City Solicitor, a non-reversible act begins with cutting a tree. To allow the commercial extraction of soil, sand and/or gravel and permanently altering the land is NOT a temporary use and as stated, this is excavation and excavation is not a permitted use on residentially zoned land within the City of Saint John. Question: Does PAC have the authority to grant permission based on the aforementioned example? Also, I am asking that you notify PAC to defer their decision until such time as you are able to advise them of your legal opinion. page two (2) Further,_'a copy of this letter is being forwarded to Common Council for their consideration and it is our wish that you give your response to Council in Open Session. I thank you in advance for your consideration on this utter *and .. remain..... Yours truly, Garr osser g1p/hs cc: Planning Advisory Committeev" Common Council �..id X99' . iu j 18 1999 .,L -.-X�\-N DER J.-NICG-R,-kT-fl II LACK ROAD M, D'. i A FO'H A!-! v, i, A N b ji T2 -1 -1 "r) 1- A. F.RroraE JUN i qq'Cl SYLVIA MCGRATH v,,c, TI. v,,c, a JYAJ IS 1999 JANMES N,.lCGR-,Ml 11 LACI,-.-'IE ROAD joii-N. N.B. E2N- I X6 TO TITIF PI-ANNING ADVISOR'14' COMILM14-1-1-17 i A B y "'llp ll-nze--2 �� � .�� � � s �. �- �° �— ��� �� RECE _� VU34 _ F �..�.G..�� ...___ ._ _...... -- - -��.n _- _..__... ��' _ :� 1 ,.._ -- __�____d___._____� �4_...__ �__.._._ �_ - - - --- ` � .�'i�`__r_._ - -- w -� �i .e_ W-__ �._..._.___- ._..�.,__._.- ._...- � � .. �"'. �y� L 3 «r 1 .f v 2✓r' � C9- o--n-w, •%�',� -�- , Rte} }.<<.., ... l_ f JUN � �� C/ Ja i 31 LaMe Rd. SaInWohn,N.B, E2N I X6 June 17, 1999 Planning Advisory Committee City of Saint John P.O.Box 1971 Saint John,N.B. E21- 41-1 Dear Planning Advisory Committee, IN Holdings for a gravel pit at 475 Latimore Lake Rd. Timothy J. McGrath 7f- 7�i 416 jaz J 0 31 Lackle Rd. Saint John,N.B. E2N 1X6 June 17, 1999 Planning Advisory Committee City of Saint John P.O.Box 1971 Saint John,N.B. E21- 4L1 Dear Vianning Advisory CommiHee, T I%( UL I X LUIQY iwilwildrigh,W ILL U1 po�'-JcnU) piwpos,6d V, e--L Lg WIG Holdings for a graval pit at 475 Latimore L--ke 'Rod. Tina McGrath tr RECEVVED JUJI is 1999. C-) ncl U-3 L-OdLlt Cd, Dent job fo.�. T n ee -RonOnp(jowk-9 Co m C-6 to Q� �50 n� John u Qry� wf-Mn op �n I ��r � �-e..� � ;,tee S Pen--,n oft, and 1,5 Loft cl, -d, ryc)re L-0 Le � • 0 EIVED 9. +he Ca PP I 6co �-he �ezc��Y�� ^� -----'--------�--' ---'- -----''-----------------�^/~'-^~`~^~ Z - /X/7 Ya " , ed2,�6 ��IT Y 13 1999. ..emu. _-_-. �'. _._.. ___ .: __.� _�... _ . ___ • _ �� .���,1.._��-- - - -- �- .. � -. � �°��,.� O)VAIII, � T�� �l - Latimore Lake School 615 Latimore Lake Rd. Saint John, N.B. E2N IX4 Mrs. Donna Hennessey Principal June 18, 1999 Planning Advisory Committee City of Saint John City Hall Saint John, N.B. Dear Committee Members, Our staff is strongly opposed to the rezoning of 475 Latimore Lake Road as applied for by Fundy Bay Holdings, We feel that would adversely affect the Air Quality in our area which would be a detriment to both students and staff. Also, the increased truck traffic would create a danger to our families. It is for the above reasons we strongly opposed this application. Hopefully, you will give serious consideration to our concerns before granting Fundy Bay Holdings their request. in,cerely, Donna Hennessey Principal DH/sly JUN 21 1999 0 R A 116—Y 11, '7 i 401�i- IT RECENED - -- _ 1�99 0- 1!0 1 1 10 0 DC-0- A-0 ___ ___ -_ - _ _ -- - - - - -- _ __ __ _i�� Ky v_a R> k-e � ' \ - ru ' - �-\---_ -__ � ���- ^ / -'--- --- -t-~-�---� -�--�----~� --------- ---- ---� '�-�� � � � - - ` � __�_._ ____ ._ �ti _ � _ ___. -- 1G( � .... ... ......mod........ �.,_.«.... �� �.�F i.� °'�p'._..�_� �.�J�...__m�_. �.�- .��.�..��..em��._.��._I - �,.�_..�_` i.. /.�rf✓ �('���.A�[��� /) � S ._..._._.._.�_...�.m...�._m.._ _--... . y i 1 w. _�. __.____ JUN 22 1999 14:48 FR ARBOR MEMORIAL GARY R. CARMICHAEL VICE-PREc=Effr, COVERNMENTAND CORPORATE AFFAIRS 2 JANE STREET TORONTO, ONTARIO M6SAW8 TEL: (416) 763-3230 ext. 3067 TOLL FREE 1-800-268-1504 FAX: (416) 763-2514 E-MAIL carmichg@arbormem0riaI.COM June 22, 1999 416 763 7371 TO 915066582837 P.02/02 Planning Advisory Committee City of Saint John P.O. Dox 1971 St. john, N.B. E2L 4LI Dear Sirs Ocean View Memorial Gardens, a cemetery owned and operated by Memorial Gardens (Canada) Ltd. wishes to oppose, on behalf of itself and its lot owners, the proposed gravel extraction at 475 Latimore Road, for the following reasons: 1. The gravel extraction will increase road traffic in and around the cemetery. This could cause considerable disturbance to grieving families as they travel to graveside for committal services or to pay their respects, 2. A cemetery is a sacred place. We are responsible to try and maintain the dignity and decorum of the cemetery at all times. We trust that our concerns and the concerns of our lot owners will be duly considered and that this application for the gravel extraction will be rejected. Thank you for allowing us to express our views on this matter. Sincerely, 11� W-a",4�z/ JUN 22) W9 W-W DO �1' 1 r -) U ` V' G.1. 4 i ?613 6 t 9 10 r,-a- 11 12 12 13 14 S V La, 1s 16 17 18 19 20 r ® �,` r -) XI��rr i ?613 d. l 1 t) La 4� rYonce Lo, ks t� 7 % e 7b 2 , m j -P . a wim, W&M�i m WE THE UNDERSIGNED i OPPOSING REZONING • M TEMPORARY PERMIT #, • ,, , BAY i SITE AND SITE 2 • . LAKE ROAD. HOLDINGS, 22 '1 r j CC) L _ 7 8 v J_ 10 11 - 12 yr 1133 114 1S Ale-- 16 Ly 17 r� 18 19 too I 1 _ p 2 5 7 s ZO��� A� 9 2 4 to 11 , (p An MC1,7- ca- zz 13 ,c 14 1 1? ,nojo,ohD&.l U �o 18 11 q.. 16 P 9re 3,;Z ' A: - -2 v 167 -.11 �/ I m m m III WE THE UNDERSIGNED ARE, OPPOSING THE REZONING A LICATIOI\ AND TEMPORARY E xT FOR FUN Y BAY HOLDINGS, FOR SITE AND SITE A I LAKE ROAD. NAME ADDRESS AND YEARS OF RESIDENCY PHONE BREATHING PROBLE S 3 ,r G 4 Q /-o r7 Y V - ms's ,ffizu at, \ I 9 -A 64 10 12 13 / r� �j 14 1� 16 t rF ol ac 17 18 r ,r 2Z 3a e 19 1�7 L4 15i} / /Yrtd✓= �CIv� CJ 1 b R� 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 WE THE UNDERSIGNED ARE OPPOSING THE REZONING APPLICATION, AND TEMPORARY PERMIT FOR FUNDY HOLDINGS, AND SITE 2 LATIMORE LAKE ROAD. cl NAME ADDRESS AND YEARS OF RESIDENCY PHONE BREATIRUIG PROBLEMS I J -1-73 5 6 _ T I 'ak �Z'Aib 9 10 cf r 12 \ I (o 44 13 rltp c rf � 14 rpA a 16 / • _. a ode J`W I ...�.. 18 / 19 t cl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 1 2 _ t 3 4 5 6 7 8 9 10 11. 1, 13 14 15 16 17 18 19 20 �' e, (I -fs Mol �la R t Z—d e ra 5 PROBLEl4 S WE THE UNDERSIGNED ARE OPPOSING THE REZONING APPLICATION AND TEMPORARY PERMIT FOR FUNDY BAY HOLDINGS, FOR SITE I AND SITE 2 LATIMORE LAKE ROAD. 1 2 o -7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 ,3 `r J Ul f !/ {Jj 14,441 10 r 11 f A WE THE UNDERSIGNED ARE OPPOSING THE REZONING APPLICATION, AND TEMPORARY PERMIT FOR FUNDY BAY HOLDINGS,- FOR SITE 19 AND SITE 2 LATIMORE LAKE ROAD. 1 3 4 J G 7 8 9 10 11 12 13 14 15 1+6 17 18 19 20 NAME ADDRESS AND YEARS OF RESIDENCY PHONE BR EAT PROBLEMS Are 45 i c�r rn FyZ�� Oa -- ZT )4.) � YY f/ �I /j"� /5/ y �CaA.✓� aCtn Ac f � 4ZZ Y-Z�) al +. 96 -�5-650 mm�v� City of Saint John COMMunitY Planning P. 0. l3ox 1971 Saint John, X. B. E2L 4LI (F&x) 50.6-658-2837 Attention: Mr. Randall G. Pollock Dear Mr. Pollock,- Further to Your memorandum 'of. g' -the proposed gravel extraction at June 7, 1999, regard-in 475 Latimore Lake Road I. would like to take this opportunity to express some concerns oji behalf of School District 8- As you may be aware, there are many students In that area who are rNuired to wait for their school bus along 66'Latamore Lake Road. Obviously, the safety of these students is our greatest considenation.. I am concerned .That. the increase in traffic along the Latimore Lake Road as a result in this change, may result in a potentia"lly dangeTOUS situation for those students. Thank you for the opportunity to express M . Y cOrnments.. Ilook faivard to hearing the decision of the Planning Advisory Cornmittee. Yours truly, Christopher.. A. Toole Director ance.and Adaurustrative Services Copies. Maxwell Trask, Ph.D., Superintendent JoscPh Connors — Manager Pupil Transportation Donna Hennessey, Principal Latiniore L;ike School AA JUN 22 W Tcl,: (500 658.5300 Office ort&V,04si Vase (506)1658-5399 School 13;w1cu 6 & a 384 Lwi=Lcr Avmvt Saintjobn Canada E2.' 2L5 JUN. 18 ' 99 (FA I) 04:0; DEPT, OF ENV. i &I t50665e5O46 PAGE.2/2 New Inter - Office Mem .W-& "Nouye��ote Interservices .nrunswick City of Saint John !, Susan Atkinson (De t Of the Environment Regional Manager Region 44 Proposed Gravel Extraction 475 Latimore Lake Rd, On behalf of the Department of the Environment, I have reviewed the subject proposal and offer the following comments for your consideration: 11, In the context of sustainable development, the protection of the natural environment is of particular importance, to New Brunswick. The operation and abandonment of quarriable Substance extraction shall be sited and managed in a manner that will minimize adverse effects on the natural environment and support subsequent uses of the land, In terms of the social environment it is essential that quarriable substance extraction is carried out with minimal adverse social effects by ensuring that the siting of pits are compatible with the existing and Riture settlement patterns. Siting standards recommend that: The final perimeter of a pit shall not be located within 100 meters of a private water supply well or 300 metres of a. commercial, industrial, agricultural or communal well. 2. An undisturbed buffer strip shall be maintained at least 50 metres wide between the final perimeter of a pit or quarry and any residential boundary. Our guidelines (as perhaps yours) also speak to operating standards (dust, noise etc), reclamation security requirements and rehabilitation requirements. This information could be provided, should the application be approved, Should you. have any questions or'require further information, please feel free to contact me at 658.2116, P JUN 2 R 1999 s July 5, 1999 File: 99165 -R Common Council of the City of Saint John City Hall PO Box 1971 Saint John, NB E2L 4L1 RE: REZONING APPLICATION FUNDY BAY HOLDINGS LTD., LATIMER LAKE ROAD Your Mayor Shirley McAlary and Members of Common Council: Enclosed is a request from our client to withdraw their request for rezoning. The property in question consists of a portion of P. 1. D. number 00335034 and 00327106. We understand that a member of City Staff has been assigned to reinitiate the Pits and Quarries Strategy undertaken by the City some years ago. Our client believes it would be appropriate to withdraw at this time and will reconsider their options once the Pits and Quarries Strategy has been finalized which we understand may be later this year. We respectfully request that our clients request for withdrawal be brought forward on Council's agenda to avoid the inconvenience of the public hearing which will no longer be necessary. Yours truly, El IIfi U RV>EYS & ONSULTA NTS LTD., RECOVA w., �e .._.. Richard E. Turner, ` ° ST mumcuft RETlkab AL 6 Enclosure CMOF SARWJOW 162 CHARLOTTE STREET, SAINT JOHN, NB E21- 2J7 (506) 634 -1717 FAX ( 06) 634-0759 is �KIIZI IM, 1001 IH DI � NO O We hereby respectfully request that the application for rezoning of our property off Latimer Lake Road, Saint John, New Brunswick, be withdrawn. S(sN3Y ,TEtOIE iN eLTD. I UNDY BAY HOJLDI HUGHES SURVEYS & CONSULTANTS LTD. 162 CHARLOTTE STREET, SAINT JOHN, NB Phone (506) 6341717 Fax (506) 634 -0759 DATE: July 6, 1999 TO: COMMON CLERKS DESK FROM: RICHARD TURNER, CST FILE: 99-165 ;. ; a on III wint 1k Please find enclosed information on the above noted matter that we would appreciate to be included at the next Council meeting. Would you please contact Richard Turner, at 634 -1717 for a telephone confirmation that this request has been met. Thank you 31 Lackie Rd. Saint John, N.B. July 8, 1999 Attn. Common Council P.O. Box 1971 Saint John, N.B. E2L 4L1 Council; It has carne to our attention the applicant has made a formal request to Common Council to withdraw their application for rezoning. We, the residents of Latimore Lake Rd. and surrounding area do object to their request and ask Council to proceed with the process of our public hearing and deal with this issue tonight. The Latimore Lake and Area Resident .Assoc. have spent countless hours and approximately $350.00 to oppose this application. To allow this to be withdrawn rheas the applicant can reapply at any time - no mandatory 1 year waiting period. Council is being taken advantage of due to "temporary use" allowed by P.A.C. We are forced to be prepared at Council on July 12t ", let's deal with this ONCE AN FOR ALL. -U fly OF Yours Truly, Latimore Labe & Area Residents Association Odette McGrath - Spokesperson s Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4L I Your Worship and Councillors: June 10, 1999 Re: Souvenir of Saint John I am pleased to inform you that I have developed a souvenir form of kitchen magnets displaying miniaturized paintings on historic sites in Saint John. These originals were all hand painted and they have been reduced into this form of souvenir. The paintings are the City Market Building in which I conduct my stand, the Three Sister Lamps, the Ding Square Bandstand, the Partridge Island Light House, the Old Majestic Diver Steamer, the Red Rose Tea Building, the Reversing Falls Bridge, the Loyalist House and the Marco polo. This year the Loyalist Heritage Festival commences on the I Ith of July with the opening ceremonies. I would life to attend at Council meeting to be held on July 12 to make a presentation of these souvenirs to the Councillors as part of the Loyalist Heritage Festival. I hope you will agree that this type of souvenir will enhance the interest in the City by our growing number of tourist and visitors and also enhance the visitations to the City Market. Yours truly, , �',gv�4 ,) �-� , Helena Harvey for Painting Round City Market 6 -34 -7241 WotUlrll �r w'0 Pro, Common Council City Hall Saint John, NB Dear Common Council: July 7, 1999 The Loyalist Heritage Festival Committee would like to take the opportunity to make a presentation to the City on Monday, July 12 during the Common Council meeting. The presentation will be a gift of a set of souvenir coins. Thank you Loyalist Heritage Festival Committee mt�l � WY OF SAINT, 168 Harbourview Drive Saint John, N.B. E2P 1B6 July 08, 1999 City of Saint John Post Office Box 1971 Saint John, N.B. E2L 4L1 Att: Common Council SUBJECT: Planning Advisory Committee (PAC) Authorization for Temporary Use by PAC Conduct of PAC on June 22, 1999 Example: 475 Latimore Lake Road Council: Please accept this my request to address Council on July 12th, concerning: the recent decision by PAC to allow a temporary use - excavation on the subject property; conduct of PAC on June 22, and authority of PAC to allow temporary use of land that includes land alteration and non-reversible acts, ie excavation. Council will also be hearing public presentations on rezoning of 475 Latimore Lake Road on July 12, I would like to address Council prior to the public hearing on 475 Latimore Lake Road. PAC's recent decision has a direct impact on this land and negates the importance of your decision on rezoning. My presentation deals with this rezoning request by way of example and should result in additional questions or comments by Council during the rezoning process of 475 Latimore Lake Road. On April 21, 1998, 1 wrote to Council expressing my views of PAC's authority to allow a temporary use of property that included non-reversible acts such as excavation. Council chose to "receive and file" my letter. Now 15 months later, we have another example of a land owner's ability to manipulate the system and transfer Council's authority to the Planning Advisory Committee to allow land to be permanently altered and allow activity not normally allowed within a particular zone, ie: excavation on residentially zoned property. IL' thank you and remain... ca�� I: A MORATORIUM BE PLACED ON ALL NEW GRAVEL PIT AND /OR QUARRY APPLICATIONS UNTIL SUCH TIME AS THE GRAVEL PIT & QUARRY RESOURCE STRATEGY IN SOME FORM IS ADOPTED INTO LAW BY COMMON COUNCIL. 2: A MORATORIUM ON TEMPORARY USE PERMITS WHERE THEY REQUIRE THE EXCAVATION, REMOVAL OR MOVEMENT OF TOPSOIL, SAND, GRAVEL, ROCK OR ANY OTHER AGGREGATE ANY DEEPER THAN ONE FOOT. 3: 10 POINTS FOR CONSIDERATION OF CHANGES IN THE PROVINCIAL MUNICIPALITIES ACT, AS SUBMITTED BY MR. PROSSER BE: REFERRED TO THE CITY MANAGER & APPROPRIATE STAFF AND THE CITY SOLICITOR AND THAT: THEY REVIEW AND SUBMIT THEIR OWN LIST OF RECOMMENDATIONS BACK TO COUNCIL WITHIN 60 DAYS. ONCE THIS LIST OR A REVISION OF IS APPROVED BY COUNCIL, IT BE FORWARDED TO THE PROVINCE FOR THEIR CONSIDERATION FOR CHANGES TO THE MUNICIPALITIES ACT. FURTHER: THIS APPROVED LIST OF RECOMMENDATIONS BE PRESENTED TO THE 7 CITIES ASSOCIATION FOR THEIR ENDORSEMENT. QUESTIONS FOR THE CITY SOLICITOR NO MOTION REQUIRED JUST DIRECTION FOR RESPONSE IN WRITING TO MR. PROSSER RE: DECISION BY PAC TO GRANT A TEMPORARY PERMIT FOR THE PROPERTY AT 475 LATIMORE LAKE ROAD. AN EXCAVATION PERMIT WAS NOT GIVEN. A DEVELOPMENT PERMIT WAS, CONTRARY TO THE INTENDED USE TERM & CONDITION: A LIMITED TIME PERIOD OF 30 DAYS DEVELOPMENT PLAN ISSUED FOR A PERIOD OF 40 DAYS WITH 30 WORKING DAYS PERMITTED WITH THIS 90 DAYS. TERM & CONDITION: PROVIDED THAT NO EXCAVATION OCCUR AT THE GRAVEL PIT AT 460 LATIMER LAKE ROAD WHEN THE TEMPORARY PIT AT 475 LATIMER LAKE ROAD IS BEING EXCAVATED. QUESTION: BASED ON YOUR (CITY SOLICITOR) KNOWLEDGE OF THIS APPLICATION AND THE MANNER IN WHICH IT WAS DEALT WITH. NOT LIMITED TO, BUT YOUR DECISION TO INCLUDE THE AFOREMENTION ERRORS AND OMISSIONS AND UNCLEAR TERMS AND CONDITIONS. Q. "WAS PAC WITHIN THEIR AUTHORITY TO ALLOW A TEMPORARY USE PERMIT FOR THIS PROPERTY ?" Q. "WAS THE BUILDING INSPECTOR WITHIN HIS AUTHORITY TO ALLOW EXCAVATION WITH TERMS FROM HIS OFFICE, IE: 90 DAY PERIOD?" 10 RECOMMENDATION TO THE PROVINCE OF NEW BRUNSWICK 1 Temporary Use to be more clearly defined and stated: Temporary Use does not permit the extraction and/or movement of material (topsoil, sand, gravel, aggregate, etc.) to no more than 1 metre in depth. 2 Authority for Temporary Use be removed from the sole decision making process of the Planning Advisory Committee and given to the Planning Advisory Committee then Common Council as a step process similar to rezoning. A fee to be charged to the applicant that will be no less than the cost to advertise. Advertising of public hearings will follow the same procedure as rezoning. 3 If a request for rezoning is denied by Common Council: A mandatory one (1) year waiting period before reapplying 48 1 ' 0 now state: A denial by Common Council for rezoning or a� Temporary Use will result in a one (1) year waiting period from that denial date before another application can be submitted to the City for the same or similar intended use. 4 Once a request for rezoning has reached the stage of Council's motion, "refer to PAC and advertise" and if the applicant files a notice of withdrawal: the Planning Advisory Committee and Common Council will vote on the withdrawal request immediately prior to their public hearings and if the vote at Common Council authorizes the withdrawal: there will be a mandatory twelve (12) month waiting period before any other land use application - including temporary use of similar intent can be filed. This twelve (12) month waiting period starts from the date of Common Council's approved motion to withdraw. 5 An application for Temporary Use and Rezoning cannot be included an the same application. When one application is submitted to the municipality, no other application can be submitted for the same piece of land until the prior application is dealt with by Common Council. 6 Any two (2) residents of a municipality and of legal voting age may make application to the municipality for the removal of any member(s) of the Planning Advisory Committee. This request to be dealt with by the elected officials, a decision made and: The municipality has the right to remove any person from the Planning Advisory Committee - at anytime with a carried motion by their elected officials. continued continued: page two (2) recommendations 6 When a decision has been made by the Planning Advisory Committee and the final decision is to be made by Common Council: The Planning Advisory Committee's report and recommendation to Council be made available to the general public 16 working hours prior to the public presentations at Common Council. 7 "Ignorance of the law is no excuse", especially to those people that are/have been in a similar business where the laws should have been known to them. This leads into an amendment for your consideration: If a stop work order has been issued to a landowner, no temporary use or rezoning application can be filed with the municipality until a 6 month waiting period is observe" - LLc)ia the date of the stop work order. 8 Temporary Use constraints to be more clearly defined. A: As at present, a temporary land use application cannot exceed 1 year in duration. B: Once a temporary use application has been approved - regardless of its duration: no further temporary use applications which are similar in intent may be submitted for a period of (1) year-from the expiry date of the original temporary use application. C: If over the life of any property, temporary use applications which are similar in intent will, cease once prior approved temporary use applications have accumulated to one (1) year (365 days) of duration. 9 If activity is being conducted on a piece of property for which permits or land use applications have not been submitted and approved: The building inspector's office will have the authority to issue fines or tickets. These will be of two (2) types: A. Anyone on the property and involved in the illegal act may be issued a ticket or fine for $ 50.00. B: The landowner may be issued a ticket or fine. The amount to be left open to the building inspector. The Building Inspectors intent with the amount of the ticket or fine will be to remove any financial gain from the illegal act. In the case of an illegal activity having no financial gain; the Building Inspector will impose a fine amount felt to be adequate to serve as a deterrent to this and other landowners. All payments collected from these fines or tickets will be kept by the municipality. continued continuation: page three (3) recommendations Any fines or tickets that are either paid or outstanding will be included in staff's report and recommendation to the Planning Advisory Committee and/or Council for any and all land use applications submitted to the municipality. 10 A Development Plan cannot be issued by the Building Inspector unless it forms part of a land use application approved by Common Council. City Hafl, FO, Box 1971 ILI) Squm,c Salrt jolin Nf,-,w Brur,,swick Canada E2L 4j I I0 a :11 ki 161 *1*.1101 ZI Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Common Council: Go er 31 y"Oft, City of Saint John Whereas quality water such as provided by the City (water utility), is essential to the growth of our City and to every citizen, and Whereas a number of locations exist within our City that lack this essential "ie" "Ragged Point", etc., and Whereas our whole City benefits from any enhancement to water service improvements, and Whereas it would appear under the current formula (user - pay) the City will not be able to make the improvements to areas unable to meet the formula, and Whereas the water utility is not run strictly as a business, "ie" "Appeals Committee", viz there is a "social" component to our water utility; Therefore, I would like to propose a motion to direct City staff to advise how we as a Council could set up a "special" fund/account within the utility to enhance our services in such areas. Respectfully submitted Christopher T. Titus Councillor CTT/jaf City Hall 15 Market Square DONA-ilk-" Her Worship Mayor Shirley McAlary And Member of the Common Council City of Saint John Dear Mayor and Fellow Councillors: P.O. Box 1971 506 658-2800 Saint John New BrUIISWick Canada E2L. 4L1 r1k) ciry of Saim, John I would like to opportunity to discuss with Council the issue of the usage of the Latimore Lake gravel pit, with the view of referring it to staff and obtaining the report on the history of the status to date. I would like to report to be submitted to Council as soon as possible. -Respectfully yours, f r �' Step he h"Fitzpatrick COUNCILLOR (C.ty ijall PO' F)OX t9"71; 15 "","1 a r ke t, S q u a re, Saint john Ncw Brunswick Canada E-2114U. 10124MR11*114 MOL MEN= Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: I bring this as an urgent matter for the attention of Council. I recently had occasion to walk on Red Head Beach, and was shocked and saddened to see that hundreds and hundreds of old tires of various sizes have been dumped onto that beach. Apparently this was done during 1998 under a government grant. These tires are a serious pollution concern, an eyesore, and a potential fire hazard. They are not confined to this area; the twice- daily tides cause the tires to move, so that they are scattered upon the mud flats and onto neighbouring beaches. It is difficult to describe the damage which has been done. It is important that cleanup of this beach be given priority. I would propose we contact the Provincial Government and in the strongest possible way request the matter be addressed. Respectfully submitted, Christ9pW . Titus Councillor CTT/jaf r +13 City of Saint John REPORT TO COMMON COUNCIL OPEN SESSION M&C #99 -243 July 8th, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Warship and Members of Council, :: City of Baia J h.n Among the many essential services of a municipality, the provision of good quality water in sufficient quantity is arguably the most important. Water is vital to human life. In fact, municipal water (and sewerage) utilities were created for the very reason of protecting public health. Other considerations aside, the public health of the community is our first and foremost obligation in delivering a water service. The City's water system is also an essential cog in the social and economic lifeblood of the community. It makes residential development viable, it enables schools, hospitals, businesses and industries to function, and it is the foundation for the fire protection system. A reliable, high quality water system. is one of the basic infrastructures necessary for the ongoing existence and future growth of the community. Saint John Water S, std The City of ,Saint John has one of the oldest water supply systems in Canada, dating back to 1837, and the largest such system in Atlantic Canada. In fact, several of our pipelines are over 100 years old. From two major surface water supplies, the Loch Lomond /Latimer Lake watershed in the east and the Spruce Lake /Ludgate Lake /Musquash watershed in the west, the City's water and sewerage utility provides water to residents (approximately 65,000), institutions, business and industry. On average, the utility delivers about 38 million imperial gallons per day (MILD) to its various customers. Approximately 17 MILD is utilized by residential, institutional, commercial and small industrial clients, and the remaining 21 MILD by heavy industrial demands. Water Strategy -- Scheduling of Presentation July 8`h, 1999 Page 2 of 3 /L\M /N N Saint John has enjoyed the benefits of a good supply of water and a long established water supply infrastructure that, because of the industrial components in the system, is larger and more complex than would typically be the case for a population our size, Water quality has been viewed as generally good and, with only a limited level of treatment, overall costs of the system have been relatively low. Demands on the system, however, from both residents and industrial customers, are changing and much of the infrastructure is old and needs upgrading, people expect the very best product and service for the rates they pay. At the same time, resources available to meet those expectations are limited. Best Water, Best Service. We are committed to achieving the highest standards of quality and service. Our goal is to provide a quality of water that exceeds the expectations of our customers, and to do so efficiently with an exceptional standard of customer service. W to Strate2y After a "Call for Proposal" and evaluation process, Common Council, on December 8, 1997, commissioned the consulting group of Godfrey Associates Ltd., Hargrave & Burdick Environmental Inc., Porter Dillon Limited, and W.H. Gates Utility Consultants Ltd. to undertake a comprehensive study of the municipal water system. Together, these companies offer experienced and specialist expertise in the full range of water supply, treatment and distribution disciplines. The development of this Water Strategy has been guided by a Technical Steering Committee of staff. In general, the objective of the Water Strategy is: "to develop a 25 year plan for the logical upgrading, improvement, and expansion of the City's water supply and distribution system in order to ensure the quality, reliability, quantity, and level of service provided by the system, and to identify the capital, operating and maintenance costs associated with this plan. "I Attached for the reference of Council is a copy of the 'Terms of Reference for the Water Strategy, dated September 1997. Terms of X eference - Saint John Water Strategy, September 1997, page 5. Water Strategy — Scheduling of Presentation July 81' 1999 Page 3 of 3 Presentation of Water Strategy The development of the Water Strategy has been a major undertaking, involving a considerable amount of staff time and effort, along with that of the consulting team. As a 25-year plan for the City's water service, the directions flowing from this strategy will have major implications for many aspects of the water system and its users: including water quality; system reliability; quantity; pressures; and level of service to customers. As this is a matter crucial to the City of Saint John, its citizens, business and industry generally, and the water utility itself, it is important that the Water Strategy be properly presented to Common Council and brought forward to the public. We propose that Council schedule the presentation of the Water Strategy for its meeting of August 9h, 1999. Presentation should require approximately 90 minutes. We would expect considerable discussion and follow-up questions. User Survey - Saint John Municipal Water Stud In March of last year, staff reported to Council on a telephone survey of "typical" residential users (existing customers), to be undertaken in conjunction with development of the Water Strategy - to get a picture of the public's views on services they receive. Attached are the results of that survey of 401 municipal water users. The data indicates some concern with the taste of municipal water and moderate concerns with appearance. Problems with inadequate water pressure are relatively rare, although they do exist. From a service perspective, the system is reliable and respondents who have required assistance from water utility staff have been pleased with the response. It is recommended that Common Council schedule a presentation of the City of Saint John Water Strategy for 8:00 p.m. on August 9"', 1999, and that this report be received and filed. ed, J.M. Paul Groody, P. Eng. Commissioner of Municipal Operations Y Terrence L. Totten, C.A. City Manager i CITY OF SAINT JOHN o i_ ..Ill TERMS OF REFERENCE CITY OF SAINT JOHN WATER STRATEGY SAINT JOHN, N.B. N00 11 SECTION PAGE 1.0 INTRODUCTION 1 2.0 EXISTING CITY OF SAINT JOHN SYSTEM 3 3.0 GOALS AND OBJECTIVES 6 4.0 RELEVANT HISTORICAL INFORMATION 7 5.0 DESCRIPTION OF THE WORK 9 6.0 STRATEGY TERM AND POPULATION PROJECTIONS 20 7.0 WATER STRATEGY SCHEDULING REQUIREMENTS 20 8.0 WORK NOT INCLUDED 21 9.0 REPORTING REQUIREMENT 21 10.0 CONTENT OF PROPOSAL 24 11.0 EVALUATION CRITERIA 29 12.0 METHOD OF PAYMENT 30 13.0 INQUIRIES 31 14.0 SUBMISSION OF PROPOSALS 32 OF AREA - WATER QUALITY TEST RESUL] This City is home to many large industries, including: 0 pulp mill M paper mill N a tissue manufacturing plant is the Province's largest seaport facility M an oil refinery 0 a sugar refinery a a brush manufacturing facility M a dairy E a brewery M Saint John Shipbuilding Ltd. N two electric power generating plants IN many other light to heavy industrial and commercial enterprises 1 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY In addition to its significant industrial base, the City is also the location of many other facilities, including: 0 the Regional Hospital for southern New Brunswick 0 the Saint John Campus of the University of New �f !, i =1 E an airport E several large shopping mall complexes The City is also a centre for tourism and convention activities with modern meeting facilities, a major convention centre, and excellent accommodations. The City has over 1,500 guest rooms, with 900 of these in the downtown core area. While the City has experienced a slight decrease in its resident population over recent years (presently approximately 75,000), this has been for the most part due to some migration to the urban areas adjacent to the City. This is shown by the overall increase in the population in the Saint John Census Metropolitan Area. As a result, there is a changing demand on the City's water supply and distribution system as the City continues to be the industrial, commercial, and employment centre for the region. Also a sound, reliable water system providing good quality water with ample quantity and pressure is a definite asset, in the marketing of the City to business and industry, The City of Saint John has therefore decided that it is appropriate to under-take a major evaluation of the water supply and distribution system in order to develop a long range "Water Strategy" for the orderly and planned development of the system, and to identify the costs associated with the proposed work. 2 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY Therefore, the City is inviting "Proposals for a Water Strategy" from qualified consultants to assist the City in developing this planning and budgeting document. Proposals will be received from consultants meeting the requirements of this Request for Proposals under the signature of a qualified engineer representing the firm and licensed by the Association of Professional Engineers of New Brunswick to practice in the Province. The City of Saint John covers a large geographical area, as shown on the attached plan of the City's municipal boundaries. The City is divided into two major areas by the Saint John River, which will be referred to as "east" and "west" in these documents. The City has a variety of terrain, with elevations varying from sea level to +100 m. The city's topography and terrain have dictated areas most suitable for development, with the result that not all development is contiguous. This has resulted in similar patterns for the water transmission and distribution systems, and in the creation of different pressure zones. The City has two major surface water supplies. They are the Loch Lomond watershed in the east part of the City, and the Spruce Lake watershed in the west part of the City; these are noted on the map. These supply the City with water for both the heavy industrial and residential water demands. There is heavy industrial development in both sides of the City. The water supplies have not required treatment to date, and are given only coarse screening and are chlorinated and fluoridated at the sources. There is a separate water transmission line from Spruce Lake to the Coleson Cove generating station that is not connected to the 9� TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY transmission lines supplying west Saint John but is a part of the consumption from Spruce Lake. Copies of recent water quality analyses for each raw water supply are attached. While'the Loch Lomond yield is greater than the demand, there are periods of high demand and low runoff when Spruce Lake must be supplemented by transferring water from the East Musquash system into Spruce Lake. In addition to the major supply systems, a small residential area in Red Head is supplied by a well system. This system serves single family homes, and is anticipated to be eliminated in the near future by a connection to the Loch Lomond system. At present, the east and west systems are operated independently, but terminate at a structure located at the Irving Pulp and Paper Mill at Reversing Falls. Each of the systems presently serves both the industrial and residential demands through common transmission lines. The approximate total length of water mains in the east system is 290 km and in the west system is 130 km. There are six water storage reservoirs in the system to balance pressures and provide for fire flows or other periodic high demand situations, and several water booster pumping stations to increase pressure to separate pressure service zones. The approximate daily demands on the water systems are: East system: major industrial use 20 migd residential and other use 12 migd West system: major industrial use 7 migd residential and other use 6 migd 0 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY All industrial and commercial water users in the City are metered, and their billings are based on actual consumption. Most residential users are not metered in the City and are billed on a flat rate basis. There are some small developed areas of the City which are not presently serviced from the municipal system, which represent approximate 10,000 citizens. In general, the objective of the Water Strategy is to develop a 25-year plan for the logical upgrading, improvement, and expansion of the City's water supply and distribution system in order to ensure the quality, reliability, quantity, and level of service provided by the system, and to identify the capital, operating and maintenance costs associated with this plan. More specifically, the Water Strategy is to develop the documentation for a priority listing of practical, feasible, and cost-effective solutions for: a. Determining the appropriate water supply and distribution configuration for the City of Saint John. This will consider the different water sources, potential for separating industrial and potable water systems, the potential to connect the eastern and western systems, and expansion of areas serviced. 5 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY b. The identification of an appropriate water treatment process or processes to meet the future requirements of the City of 64�1 M, C. The identification of work required to replace substandard or undersized water system components. d. The identification of work required to improve the system to meet the requirements of the system over the design period of the Strategy, such as transmission line upgrading, reservoir capacity, booster pumping station capacity, etc. e. Verification of the safe yield of the water supplies, including recommendations on the improved utilization of watershed reservoirs and management of pumping transfers. f. Identification of locations and land area requirements for new or upgraded water system components. 9. To develop computer models of the City's present water system and of the future concepts, which can be utilized by the City to evaluate changes and/or system operating conditions. h. The identification of the performance and quality standards to be applied to the Water Strategy, such as, pressure, flow, storage needs, etc.. i. The planned acquisition of property where necessary to implement the Strategy. M, TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY j. Development of a long range financial plan for the implementation of the Strategy, presenting the recommended work in the form of a "priority list," which also recognizes essential sequencing of work. All of this information is to be summarized in a Strategy Report, documenting the information developed, and providing all assumptions and sources of information, in a clear and complete manner. There have been numerous studies on various parts of the water system, and there are several other documents which may provide useful background information to the consultant developing the Strategy. Some of these predate the Comprehensive Community Plan of 1973, and include the following: in Water system references in the Comprehensive Community Plan documents, M "An Industrial Water Supply Scheme", 1970, James F McLaren Ltd. M Water quality monitoring information. "A Study of the Saint John Harbour environmental Quality and a Wastewater Treatment Strategy for the City of Saint John," 1993, Washburn & Gillis Ltd. N TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY N "A Wastewater Strategy", 1993, Godfrey Ass. Ltd., R.V. HIMMM M Kennebecasis Valley Water Strategy. M City of Saint John Water & Sewerage By-Law. M *Insurer's Advisory Organization Reports U *New Brunswick Clean Environment Act M Special industrial water use agreements This information, except those marked with an asterisk (*), will be made available by the City during the proposal period. They will not be copied for general distribution at the proposal stage, but will be provided to the successful consultant. During the proposal period, they may be reviewed by appointment only at the Engineering Division of the City, 7th Floor, City Hall, by contacting the Division at (506) 658-2818 during normal business hours. As-built information of the piping systems, pumphouses, etc., are generally available, but exist in various formats and are not 100% complete. The as -built s will be made available to the successful consultant after award of the contract. Reproduction of as-built plans required for the Strategy will be at the City's expense. N. TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY Metered consumption records for a recent period of time will also be made available to the successful consultant, and historic information can also be provided if required for trending, etc. Only industrial and commercial users are metered, as well as, the main water supplies from the two sources. The consultant shall carry out the following work based on the scope of the project as stated previously in Section 3.0, "Goals and Objectives." This description of the work is not intended to in any way limit the scope of work to be done to achieve the objectives; the consultant is to provide all work and services necessary to achieve these objectives to the satisfaction of the City, whether specifically stated or not. The work is to address but not necessarily be limited to: 5.1 Familiarization The consultant is to become thoroughly familiar with the City's existing water supply and distribution system. 5.2 Input to the Strategy In addition to examination of the documented information on the water system, the consultant is required to obtain input on current and longer term water system requirements from at least the following: M Personnel of the City's Engineering and Water and Sewerage Division, 12, TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY M Special interest groups such as Saint John Industrial Parks Ltd., the National Harbours Board, ACAP Saint John, etc. 0 Saint John Fire Department 0 Insurers' Advisory Organization ]a Selected major industrial and commercial users 0 Saint John Planning Commission In addition, in order to solicit feedback including problems and concerns from the general public on the City's water system and water quality, the consultant shall design a clear, brief survey. This survey should be conducted with a representative sample of users. The cost of conducting the survey will be the responsibility of the consultant. The results of this survey are to be considered in evaluating the system and planning the Strategy, 5.3 Water Source Evaluation The Spruce Lake and Loch Lomond watersheds are presently registered for designation under Province of New Brunswick legislation for the protection of watersheds. Information related to registration under this process, including property ownership, present land use, and zoning, is therefore available. It is not intended that the consultant reproduce the above-mentioned body of work, however, the consultant shall apply and document modern analytical methods and current data to determine the "safe yield" of each of the Spruce Lake and Loch Lomond watersheds, after considering any [E TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY maintenance flows which are required. The consultant is also to identify potential risks to water quality and to address multi-barrier protection measures as appropriate. This is to include commenting on Phase 11 of the Province's Watershed Protection Program, specifically dealing with restrictions on development within specified distances of the water surface. The condition and reliability of the intake structures are to be evaluated. 5.4 Water Treatment Copies of recent raw water quality tests from both supplies are available, and more historical information will be provided to the successful consultant, The consultant is to assess the need to provide water treatment for residential, commercial, industrial, and institutional consumption, including: Im Meeting the current Drinking Water Standards for water chemistry, including pH; water quality objectives are to be stated. x Address the issue of potential changes to the current drinking water standards. 0 Meeting desirable standards for aesthetic characteristics, including colour, turbidity, odour, etc. M Evaluating alternatives to ensure water is bacteriologically acceptable, and that THM concentrations are maintained within acceptable limits. 11 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY M Providing treatment options for ensuring proper microbiological characteristics of potable water. 0 Provision for the convenient future expansion of treatment plant capacity beyond the capacity required by the Strategy design period. N Providing for the treatment and disposal of WTP wastewater MEEKOM Water treatment processes are to be "state of the art," applying the best practical available proven technology consistent with the objectives of a cost-effective solution. The consultant is to provide the following information related to the water treatment facilities: 1. A description of the individual unit processes making up the recommended treatment systems, including the anticipated treatment efficiency of each. 2. A process flow chart, showing such things as the treatment path with unit process components, chemical addition points, waste streams including quantity or percentage of flow in waste streams, backwash storage volumes, etc. 3. Land requirements for the WTP, including the main WTP facilities, backwash storage tanks, chemical storage facilities, WTP wastewater treatment facilities, and administration facilities. 12 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 4, Preliminary indications of the personnel requirements for the WTP's operation, including general personnel categories and number of staff. 5. Description of the methods of treating and disposing of WTP wastewater and sludges, as appropriate. 6. Preliminary capital cost estimates, and estimated annual operating and maintenance (O&M) costs associated with treatment facilities. 7. Description of the way in which treatment plant capacity can be expanded if and when required. 5.5 Water Distribution, Transmission. and Storage The consultant shall assess the existing water system components, including water transmission lines, water distribution piping, booster pumping facilities, and water storage reservoirs, for the following two conditions, on the basis of both capacity and reliability: I . Their adequacy to meet present requirements and demands. 2. Their adequacy to meet the long term requirements over the design period for Water Strategy. The Strategy shall develop preliminary information on the work required in each of these areas, provide individual descriptions, preliminary construction costs, and where appropriate, estimated annual operating 13 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY and maintenance costs. Where land is required for these facilities, the area requirements are to be noted. 5.6 Basic Service Concept Scenarios Anticipating the future treatment of the potable water supply, there may be cost advantages in providing a separate untreated water supply for major industrial demands and a separate treated potable water supply. The City requires the consultant to identify the magnitude of capital and O&M cost differentials by analysing each of the following service concept scenarios: I , The existing water supply, storage and distribution system and to determine its performance under various conditions, and to identify problem areas. 2. A future system based on fully treated separate east and west systems to serve both potable and major industrial requirements in each area. 3. A future system based on a single treated potable system supplied from Loch Lomond with a single untreated major industrial system supplied from Spruce Lake. 4. A future system based on a single treated potable system supplied from Spruce Lake with a single untreated major industrial system supplied from Loch Lomond. [IV, TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 5. A future system based on a continuation of separate east and west systems supplying both potable and large industrial, but with treatment on the potable supplies EM For each scenario, the description will include identification of the preliminary design capacity and major components such as water treatment plants, reservoirs, etc. The estimated capital and O&M costs for each scenario shall be presented in the form of a matrix to incorporate the other variables required by the Strategy development. 5.7 Extending Water Service to Unse,rviced Municipal Development There are areas of development within the municipal boundaries which are not presently serviced from the central water system. The consultant shall evaluate the extension of the municipal system to these areas, and identify the costs for each area. 5.8 Supply of Water to Areas Outside the City of SainfJohn There are areas of significant residential development adjacent to the municipal boundaries. The consultant will evaluate where such water supply connections could be made and will determine the average and peak flow rates, as well as, minimum pressure in the City's system at the delivery point to provide such a supply. Under such conditions, the City would supply water at the average daily rate, and it would be the responsibility of the user to provide storage facilities as required to meet peak and fire demands, as well as all piping past the delivery point. The consultant is to evaluate the impact of the following options in the various service concept scenarios: 15 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 1 No additional supply of water to developments outside of municipal boundaries. 2. Supplying untreated water to the delivery point(s), after which it would be the user's responsibility to treat the water as required. 3. Supplying treated water to the delivery point(s). 5.9 Metering Costs The consultant is to develop preliminary cost information related to the following metering concepts: 1 Master metering, that is, the installation of flow meters installed at various points in the system which would permit the amount of water used in different service areas of the system to be monitored. This would be tied into the City's SCADA system for totalization and trending analyses. 2. Universal metering, including the O&M costs associated with this, and recommendations on meter reading method and on meter repair facilities. 5.10 Potential' Environmental Impact As work is carried out on developing the Water Strategy, the consultant shall note and identify any work proposed which may have significant potential impacts on the environment, and how this may be mitigated. This is not intended to be a formal environmental assessment, which would be done on an as-required basis by others as the Strategy is implemented. N TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 5.11 Computer Modelling of the Water System Scenarios In order to produce definitive answers on the performance, capacities, etc., of the various scenarios in the most technically appropriate and cost- effective way, the consultant will be required to carry out computer modelling of the existing system and future service scenarios. The following points are to be noted as they relate to modelling of the systems. 1 System models are to be prepared using pipes 250 mm in diameter and larger, except where smaller pipes must be included to accurately model the connections, loops, or where multiple small pipes may exist. The consultant shall carry out calibration trials for the models, including field testing to determine actual friction flow factors for various types, ages, and sizes of pipe. 2. The modelling program must be PC based, and the program must be approved by the City prior to any modelling being done. Among other things, the program must be capable of modeling chlorine decay rates and time of residence in the system. 3. Each scenario must be run with sufficient trials to evaluate the system's performance under various conditions for both present and design flows, from average normal demands to peak normal demands to fire flow situations. 4. The results of the computer modelling trials shall be provided to the City as an Appendix to the Water Strategy Report, including plans as required to show the model's 17 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY details such as pipe and node identification, locations of reservoirs and pumps, etc. 5, Upon completion of the Strategy preparation, a licensed and registered copy of the water modelling and analysis software and two (2) copies (on separate discs) of the data for the model for each scenario shall be turned over to the City and shall become the property of the City. This will include four (4) copies of program user manuals. 6. Upon completion of the Strategy preparation, the consultant shall provide training for up to four (4) City personnel on the use of the program and models, in the City of Saint John, incidental to this work. 5.12 Specific Tasks The City has presently identified several items related to the water system which the consultant is to consider. These include the following items, and others may be identified to the consultant through the course of the work, but this is not intended to in any way limit the work done by the consultant. 1. The Martello Tower storage reservoir. 2. Reliability of the west side transmission system. 3. The Lakewood Pumping Station - can it be eliminated by piping changes, or should it be rebuilt? W-1 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 4. Irving Pulp and Paper Mill typically receives approximately 18 migd of the total 32 migd supplied by the east system. There are problems with pressure fluctuations when the Mill is not being supplied. How should the remaining system be controlled if this major demand were not there. 5. In some parts of the City storage capacity and minimizing pressure losses are provided by large transmission lines. If the large lines are dedicated to an industrial water supply, what changes are required to create a satisfactory potable system? 6. How is water quality protected in storage reservoirs, with respect to ensuring adequate turnover? 7. It is difficult to maintain the desired chlorine residual in all areas of the City; how can this be addressed: If a disinfection method other than chlorination is recommended, how will the question of residuals be addressed? 8. What policy should be applied regarding provision of stand- by power at the various system facilities? 9. Rationalization of the existing system of pressure reducing valve connections between different adjacent pressure service zones. 10. A guideline for valve locations and dead-end pipe lines, WE TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY The Water Strategy shall be prepared on the basis of evaluating system requirements through the year 2022. Population projections for the City of Saint John have been prepared in conjunction with the Wastewater Strategy, and these population projections are to be applied to the Water Strategy. The Wastewater Strategy breaks down present and 2020 populations on the basis of service areas and drainage basins, which should provide this consultant with sufficient breakdown of population for the purpose of preparing the Strategy. Any projections for industrial, commercial, potable and institutional water demands shall be based on the consultant's research and interviews. The consultant will be required to schedule and carry out the work required so that the draft copies of the Final Water Strategy Report are submitted to the City not later than Friday, September 18, 1998. The City will then schedule a meeting with the consultant to receive the City's comments. The consultant shall then revise the Strategy Report as required, and submit all copies of the final reports, appendices, etc., within fifteen (1 a) working days of the date of this meeting. The consultant will be required to make a formal presentation of the Water Strategy to a public session of Saint John Common Council, with appropriate visual aids, at a time to be scheduled at the final review meeting. 91 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY For clarification, the consultant will not be required to address the �Mo 1 . By-Law evaluation. 2. Examination of the existing operational or administrative components of the City's water system. 3. Application of any cost assistance to the recommended EM 4. Application of any inflation factor to cost estimates, all estimates are to be expressed in terms of 1999 costs, 5. Calculation of the impact of the recommended work on user rates or developing a schedule for its implementation. The consultant will not be required to analyse costs beyond preparation of the preliminary capital and O&M costs presented in a priority listing format. 9.1 Progress ess Reports _ The consultant will be required to submit and present six (6) copies of monthly progress reports, beginning the first full month after award of the work. Progress reports are to be presented within seven (7) working days 21 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY of the end of the month for which that are prepared. Progress reports shall be concise but shall include the following items as well as any other information relevant to the work done: 1, A summary of the work done during the month. 2. The status of the work, including a side by side comparison of the original schedule with the actual schedule. 3. Identification of any problems encountered; action taken to correct them, 4. Summary of project expenditures to date. 5. Identification of any changes in the scope anticipated, with request for their approval. 6. Request for any information/assistance required from the City, Submission of the monthly Progress Report shall be a prerequisite to the City processing invoices for payment. 9.2 Final Reports After receiving the City's comments on the draft Final Water Strategy Report, the consultant shall provide the following not more than fifteen (15) days thereafter: 22 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 1 Thirty (30) copies of the Final Strategy Report, with Appendices. Final Reports shall provide full documentation for all sources of information used in the Strategy, and shall provide full substantiation and background for any statement, assumptions, or judgments made in the Strategy. Any drawings, plans, charts, and tables required to clearly present the Strategy and work done shall be included 2. Thirty (30) copies of a separately bound Executive Summary of the Final Strategy Report, 3. One (1) complete unbound copy of the Strategy Report, Appendices, and Executive Summary, so the City may reproduce additional copies. 4. One (1) copy of the CAD files for drawings or plans accompanying the Final Water Strategy Report, Appendices, and Executive Summary in a format compatible with the City's CAD system Microstation 95 for DOS V05.05.02.23PC. This information will then become the property of the City. The requirement to make a formal presentation of the Final Water Strategy Report to Council was noted in Section 7.0, and the requirement to turn over computer modelling information and training was noted in Section 5.11. 23 TERMS OF REFERENCE -SAINT JOHN WATER STRATEGY �* U1111 The consultant's proposal shall confirm a clear understanding of the work to be undertaken as described in these Terms of Reference. The proposal must specifically address all requirements of this Strategy. Clarity, style, organization, visual impact and scope are factors that should be considered in its preparation. Proposals are to be submitted in two (2) distinct parts, a "Technical Proposal", and a "Financial Proposal", as described in the following sections. 10.1 Technical Proposal Technical proposals shall be structured using the following format: 1. Table of Contents 2. Work Plan and Schedule 3. Project Team - Corporate Team Members - Key Project Personnel 4. Experience 5. Supporting Information (Appendices, etc.) - Curriculum Vitae - Supplementary Experience Summaries - Other 24 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 10.1.1 Table of Contents This shall show the title of each subsection referenced to a numbered page. It shall also list any charts or tables included, and list the title of any Appendices or supplementary information. This section shall present the consultant's approach to the development of the Water Strategy. It shall demonstrate a full understanding of the Strategy's objectives and the scope of work required to complete it. It shall present the methodology and work plan, breaking the work into clearly identified activities, and shall be accompanied by a detailed activity chart in either critical path or bar chart format which indicates the commencement and completion of each activity. It is very important that the work plan meets the overall schedule set for the Strategy. 10.1.3 Project Team I. This section will provide information on the consultant, and any sub-consultants which are proposed to be members of the team. This shall clearly identify the prime consultant, and the areas of responsibility for each member of the consultant's team. The expertise, overall capability, size, and other relevant information for each member of the team shall be provided. 2. This section shall also present the key individuals that will be assigned to various tasks on this project, and identify the specific function they would serve on the Water Strategy. It shall include an organization chart identifying the structure that will be applied to the project and the title and company affiliation (if more than one in the proposed team) of each 25 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY key individual. Curriculum vitae showing work history, qualifications, and education, must be submitted for each key individual proposed. The proposal must identify a Project Manager who will be actively engaged on the project, and who cannot be replaced throughout the duration of the work without the specific approval of the City, The Project Manger shall be the City's primary contact with respect to this project. This section shall also provide a table showing the anticipated time involvement in hours for each of the key personnel and for each category of service (technical, clerical, etc.) for each month during the Strategy preparation, parallelling the activity chart. 10.1.4 Experience This section shall provide information on specific experience related to the work of the Water Strategy for both the company or companies and for the key individuals. Corporate experience shall illustrate the present level of expertise in this area based on similar projects completed by the firm. Projects should be described in sufficient detail to illustrate the scope of services provided, the value of the work done, when the work was completed, and provide client contact information. Previous direct experience on the City's water system should be noted here. This shall demonstrate competence in each of the are areas required by the Strategy. Experience described for the key individuals shall be on projects similar in nature to the Strategy and the work they would perform on the Strategy, noting their duties and level of responsibility on the projects referred to, and shall demonstrate that they have acquired through academic training and experience the qualifications needed to acceptably complete this work. OR TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY Ifolmilralffall Consultants may include any information relevant to the evaluation of their proposal and expertise, in addition to that specifically required above. 10.1.6 Extra Items If the consultant wishes to offer for the City's consideration any additional work or services clearly outside the scope of these Terms of Reference, they are to be detailed in terms of scope and purpose in a clearly identified separate section. This is also to indicate the impact of this additional work or services in the overall schedule for completion of the Strategy. No cost information is to be included in the Technical Proposal. The consultant shall submit the Financial Proposal in a separate sealed envelope, properly identified as to contents and the consultant submitting. This is to contain: (a) Cost Estimate The consultant's cost estimate for all work shall be broken down in the following manner: 1. Fees for professional services 2. Sub-consultant services (in turn broken down by sub- consultant) 3. Eligible disbursements, including travel, reproduction, telephone, courier, etc. 27 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 4. Contingency allowance, if any 5. HST, 15% 6. Total estimated cost to carry out the Strategy (b) Maximum or Upset Fee The consultant shall provide a maximum or upset fee to include all costs, fees, and disbursements, including 15% HST, to complete the work of the Strategy as required by these Terms of Reference. This may be different than the estimated total cost noted in (a). See also Section 12.0 Method of Payment. (c) Billing Rate Summary A summary of the hourly billing rates for all key personnel proposed to be used on this project, and for all categories of service not covered by the key personnel such as technical and clerical services, shall be provided. These rates shall be firm for the duration of the project. (d) Monthly Cash Flow An estimated payment of fees schedule expected by the consultant is to be included, to be expressed by the calendar month for the duration of the work. This is to include all fees, disbursements, and 15% HST, and the total should match the estimated total cost in (a). (e) Extra Items If the consultant wishes to offer for the City's consideration any additional work or services clearly outside the scope of that required by these Terms of Reference, the cost information for this additional work or services is to be provided here. M TERMS OF REFERENCE - SAiNT JOHN WATER STRATEGY The Technical Steering Committee reserves the right, if deemed necessary, to short list the proposals and to request an additional verbal presentation from each short listed proponent. The Consultant may supplement their presentations with a summary in written form to clarify points raised during the process. For the purposes of this proposal call, submissions will be evaluated in the following criteria: 1. Quality and completeness - Has the proposal addressed all of the concerns raised? Is the proposal presented in an organized and professional manner? 2. Consultant's experience - Has the proposal demonstrated a level of expertise in keeping with the requirements of this project? (Include reference for projects of a similar nature.) 3. Experience of employees/sub-contractors -Has the proposal demonstrated a level of expertise for the employees of the company and any sub-trades listed? Wo TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY 4. Methodology - Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Cost - Cost will be a factor, however, not the only factor to be considered. Consultants are advised that the proposals will be evaluated solely on the basis of the information submitted in accordance with this request for proposals. ol VA 5 B TA W I 1 0 10 111 re 3715 F; R Vi The successful consultant will be required to enter into a contract with the City of Saint John based upon a value equal to the maximum or upset fee stated in or negotiated from the Financial Proposal. The consultant's Technical and Financial Proposals will form appendices to this agreement, 90 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY The consultant will invoice the City at the end of each calendar month for work done, with invoices to be prepared on a time plus eligible disbursements basis using the billing rates for personnel as provided in or negotiated from the Financial Proposal. The consultant shall prepare each invoice showing a ten percent (10%) holdback to calculate a subtotal before adding HST. This 10% holdback will not be paid until the City has determined that the consultant has successfully completed the work, as indicated by acceptance of the Final Water Strategy Report and all required supporting information. The total of all invoices shall not exceed the maximum or upset fee except as provided herein. If the consultant or the City through the course of the work believe that additional work clearly outside the scope of these Terms of Reference is necessary, this must be defined with respect to scope, time, and cost, and approved in writing by the Technical Steering Committee, and the consultant's contract will be amended accordingly. The City retains the right to suspend or cancel the work at any point. The level of effort anticipated by the City for completion of the Water Strategy is $225,000, including HST. This is an order of magnitude cost and is to be used as a guide only. 13.0 INQUIRIES All inquiries regarding the Terms of Reference for the Water Strategy shall be submitted in writing only to the attention of: 31 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY Mr. Stuart J. Armstrong, P.Eng. Director of Engineering Municipal Operations - Engineering Division City of Saint John P.O. Box 1971 15 Market Square, 7th Floor Saint John, N. B. E2L 41_1 •.. 4, Facsimile Number. (506) 658-2852 Response to inquiries will be in writing and will be distributed by facsimile to all consultants registered as having received the Terms of Reference as of the date the response is prepared. The source of the question will not be identified in the response. Verbal information shall not be binding upon the City. Consultants shall deliver five (5) copies of Technical Proposals and supporting information and one (1) copy of Financial Proposals no later than 3.00 p.m., local time, Friday, October 24, 1997 clearly indicating the consultant's name and address and marked "Proposal - City of Saint John Water Strategy", to the attention of: 32 TERMS OF REFERENCE - SAINT JOHN WATER STRATEGY Mr. Stuart J. Armstrong, P.Eng, Director of Engineering Municipal Operations - Engineering Division City of Saint John P.O. Box 1971 15 Market Square, 7th Floor Saint John, N.B. E2L 4LI Please note that: 1. Late proposals or proposals submitted by facsimile will be rejected. 2. The City assumes no responsibility for improperly addressed or delivered proposals. S. The Financial Proposal is to be submitted in the consultant's package in a separate sealed envelope, clearly marked as "Financial Proposal, City of Saint John Water Strategy", and with the consultant's name and address. 4. Consultants must propose on the entire project; incomplete proposals will be rejected. Immediately following the closing time, proposal packages will be publicly opened in the 7th Floor Boardroom, City Hall. Only the names and addresses of proponents will be made public at that time, and no other information about the proposals will be disclosed at that time. Proposals will then be distributed to the Technical Steering Committee for review. 33 SAINT JOHN MUNICIPAL WATER STUDY User Survey Results The following summary outlines questions and responses from the telephone survey of municipal water users conducted between March 9 and March 12, 1998. As explained in the following submission, the survey was based on a random selection of streets served by the water utility within the City of Saint John. The survey was conducted by telephone interviewers contracted by Godfrey Associates Ltd. The purpose of this survey, as set out in our proposal for the Water Strategy assignment, is to "investigate water system performance and quality issues." It was the objective of the survey to obtain 400 responses to provide a confidence interval of ±5 % 19 times out of 20. Over the four -day survey period, 401 households were contacted that gave responses to survey questions. Roughly two-thirds of individuals contacted did not want to participate in the survey. Profile Information Profile information was collected at the end of the survey. Data gathered concerned tenure, household composition, and water using fixtures in the home. These data provide a means of comparing our sample to the general population, while also providing some illustrative correlations with direct questions included in the questionnaire. There was an evident bias in the sample toward homeowners as opposed to tenants but analysis of the differences between the responses of tenants versus homeowners shows little difference in attitudes. Our summary of the results for our question concerning tenure compares average ratings of problems and attitudes between tenants and homeowners. Comparison of these mean ratings using standard statistical tests shows no significant difference between the attitudes of tenants and owners for any of the factors investigated. On the other hand, the bias toward home ownership in the sample is evident in data on household size and may influence the number of fixtures in each household. The average household size in our sample is 2.9 versus an average of 2.5 found by the 1991 Census. It is also reasonable to assume fixtures may be over represented given the assumed small proportion of apartments in the sample. The profile of water fixtures provides no surprises. Nearly all households have bathtubs and toilets. Whirl pool baths and swimming pools are, however, a rarity. Only 13 of the responding households have whirlpools and only four have swimming pools. Water filters are much more common although no distinction of the type of water filter (inline or bottle pour through) has been determined. Of 397 responding households, 141 (35.5 %a) have at least one water filter. There is, furthermore, a correlation between water problems and filter use, discussed below. Page 1 Satisfaction Ratings Satisfaction with water supply was measured on a scale of I to 5 in terms of taste, appearance, and water pressure. Ratings for taste, while they did not reveal universal dissatisfaction, did indicate a minority whose ratings we interpret as poor. The average rating for taste was 2.982 or just below the Enid -point on our scale. On the other hand, 131 of 399 respondents to this particular question (32.8 %) gave ratings ofjust i or 2. These users generally described the taste of their water as either `bad' or tasting, of chlorine. There was a much higher proportion of complaints among users on the Western Water System than the Eastern System. Ratings for appearance were better. The average rating was 3.860 and only 13.3 per cent of respondents rated appearance at less than 3 on our scale. Most of these respondents complained about discolouration of their water, although some did complain that their water was `dirty.' Ratings for appearance were consistent for the sub - systems, (Saint John East, Saint John West, Red Head), delivering municipal water. We have not been, able to find comparable national figures for these factors but did locate a 1991 survey for the Town of Sackville that included very similar questions. The survey was done as part of a study by Mount Allison University economics professor, Dr. J. Frank Strain, and was summarized in his report The Willingness to Pay for Municipal Water Quality Improvements in Sackville, New Brunswick. The Sackville survey requested opinions on taste and odour, and appearance in terms of four possible responses: excellent, good, acceptable, unacceptable. On taste and odour, 30.5 per cent of Sackville residents surveyed found taste and odour to be "unacceptable." Fifteen per cent of respondents considered the appearance of their water to be unacceptable. These figures are very close to the proportions of Saint John respondents who gave the taste of their water a rating of I or 2 (32.8 %) and the rated its appearance below 3 (13.3 %), however the Saint John rating of I or 2 cannot be interpreted as unacceptable. It should be noted, however, that the stimulus for the Sackville study was widespread concern with water duality. Complaints about pressure were even fewer. Only 35 respondents (8.8 %) gave their water pressure a rating below 3. The usual concern among this small group was low water pressure. Water pressure concerns were also concentrated in the Western and Red. Head Systems. Half ofthe six respondents on the Red. Head System complained of low water pressure. In total, 177 of 401 respondents (44.1/0) gave at least one feature of the water supply a rating below 3. Data also indicate that problems are concentrated in the Western and Red Head Systems as opposed to the Eastern System. These are substantial numbers but they do not appear to diverge significantly from perceptions in other communities. Although, as noted, we have not been able to find a recent Canadian survey to provide a point of comparison, the Consumer Attitude Survey on Water Quality Issues by the American Water Works Association Research Foundation (1993), which surveyed 1,603 United State consumers, does include a question that gives some perspective on the issue. In response to the question, "How would you rate the duality of the drinking water in your community` " 38 per cent of respondents gave ratings of "Fair" or "Poor," Page 2 Saint John customers with problems were also more frequent users of water Filters. Among 177 households identifying problems, 81 have at least one water filter. Only 29.5 per cent of users who did not identify problems with their water have water filters. The percentage of Saint John households with filters is, however, equal to the Canadian average of 35 per cent based on an October 1996 magazine - sponsored national survey of water users. Further indications of response to water quality problems are discussed in relation to use of bottled water, below. A subsequent series of questions inquired about the reliability of the system and experience with service or repairs. Over the preceding five years, the survey determined that 150 or 37.6 per cent of respondents had been affected by interruptions of their water service. Generally, these were brief interruptions that lasted no more than a day. Most often, interruptions took place in the summer months. Eighty -nine respondents (22.2%) had to turn to the utility for assistance or repair work.. On the whole, these individuals were pleased with the quality of response from utility service staff. The average rating for quality of response was 4.034. There were I I respondents, however, who gave ratings below 3. Although this is obviously a minority, any dissatisfaction should cause concern. Water system repairs are sometimes frustrating and attitudes to the water system may reflect broader concerns with government or even misinterpretation of public versus private responsibility. Some reassurance may be taken from the good rating for overall quality of water service in Saint Torn. The average rating for overall service was 3.985. Only 16 of 395 respondents (4.1 %) gave ratings below 3. Among this small group, most based their low rating on the issues raised in earlier questions, most notably the taste of water. It is not surprising, therefore, to find ratings from respondents on the Western and Red Head Systems were lower than for respondents on the Eastern System. Users also appear to be satisfied with the price they pay for water. Nearly 80 per cent (293 or 78.6 % of 373 respondents to our question) consider water rates `Reasonable.' Another 16 respondents (4.3 %Q) consider their water to be `A bargain.' Sixty -three respondents (16.9 %) consider the cost of water `Excessive.' The acceptability of water pricing and the concern with quality issues is reflected in a substantial number of users who are willing to pay more for improved quality of water. A third of respondents (126 of 375 respondents to the question) said they would pay more for better water quality. Most often, these 375 respondents indicated they would be willing to spend from 5 to 10 per cent more. An indirect measure of dissatisfaction with water quality and both willingness and ability to pay for better quality is the purchase of bottled water. Approximately, one -third (34%) of households surveyed buy bottled water, This equates closely with the Canadian standard for bottled water consumption, which the magazine survey reported in October 1996 to be 32 per cent of the Page 3 population based on a national survey. Correlation with ratings of the taste of municipal water found that 60 bottled water users rated the taste of their water below 3 on our 5 -point scale. Another 45 gave it a rating of 3, meaning that nearly 80 per cent of bottled water users find the taste of their tap water acceptable at best. Taking into consideration all concerns with water quality, 76 bottled water users rated at least one feature of their municipal water below 3. Our last opinion question dealt with the willingness of customers to pay more to improve water pressure. Surprisingly, more respondents (41 or 10.9 %) expressed a willingness to pay for improved pressure than actually rated their water pressure below 3 in Question 3a (35 respondents). Indeed, only 16 of the 41 respondents who are willing to pay for better pressure give their current water pressure a poor rating. Summary Notwithstanding our concerns with sample bias, we are confident that attitude ratings have not been influenced. The data indicate concerns with the taste of municipal water. There are also more moderate concerns with discoloured appearance. Problems with inadequate water pressure are relatively rare. Taken together, however, responses to the survey indicate that nearly half of customers are dissatisfied with some aspect of their municipal water. There are clear differences between the Western and Red Head Systems, and the Eastern System in Saint John. On every parameter, ratings from residents on the Western and Red Head Systems gave lower ratings and indicated more problems than residents on the Eastern System. On the other hand, water service is reliable and respondents are generally satisfied with the service they receive from the utility. Insofar as all complaints are a cause of concern, the fact that 11 respondents are dissatisfied with the quality of service they have received from the utility should be followed up. Although the survey results suggest there are some problems to address, the ratings do not appear to set Saint John significantly apart from other communities. On the two parameters that hard data could be directly compared to national data -- bottled water use and installation of water filters -- our Saint John survey obtained numbers almost exactly equal to national averages. With respect to direct inquiries on water quality, comparisons need to be treated with caution but the available data for Sackville or U.S. consumers are also similar to Saint John. It should also be reinforced that public perceptions of poor water quality are usually more dire than hard data can justify. As observed in the 1996 magazine survey, "[a]lthou�h Canadian drinking water may taste different depending on its mineral content, municipal water almost always meets provincial safety requirements." The main concern with water taste and safety, they go on, is related to the use of chlorine, which is essential to eliminate the much more dangerous biological contaminants in water that can cause diseases such as typhoid and cholera. Page 4 On a scale of 1 to 5, please rate the taste of water at yo>_>r home? Inlquute 2 3 4 E,511"t The mean or average rating of taste was 2.182. 131 of 399 respondents (32,8%) answering this question. gave ratings ofjust l or 2. 150 (37.6%) gave ratings of 4 or 5. There was- also a significant difference between the Western and Eastern Regions of the water system. The ratings given by Western residents averaged 2.621, whereas Eastern residents gave a better rating of 3.158. IF RATING IS LESS THAN 3, please indicate the o ature of the problem? Respondents who gave lox, ratitrgs mostly cliari- leWized water cis simply tasting `bad' (58 of 131 giving loin ratings). Another 39 of 131 specified that their water tasters of chlorine. Much smaller rnanibers complained of odours, metallic° flavour, or other concerns Off a scale of 1 to 5, pinse rate the appearance of water at your home? 2 tai qu:,rz 5 E, C.H. t The rating of appearance was much better than for taste. The average mating for appearance was 3.860. 53 respondents (13.3 %) gave ratings of 1 or 2..No significant dzfferences in average ratings were observed between subareas of the water systerrr. IF RATING IS LESS THAN 3, please indicate the nature of the problem? The most corrrrnora c,orriplcaint about appearances was cicxadiraess (21 of 53 respondents), Another 9 respondents complained that their- writer is 'Dirty'. Others complained gf'various types ofdiseolouration including white, brown, green, yellow, and rusty water (21 of 53). On a scale Of t to 5, please rate the water pressure at your home? 2 3 4 5 Inn cyun�e E.eceElen� Only 35 respondents (8.8 %) expressed c'onc'erns with pressure. The average rating for water pressure was' 4.120. There was, however, a significant difference benveen the Western and Eastern sins- systems. Ratings fir the Western area averaged 3.785 versus 4.085 for the Eastern area. Half'c f the six respondents on the Red Head System gave ratings Below 3. Page 5 Continiied ... IF RATING IS LESS THAN 3, please indicate the nature of the problem? Pressure problems are nearly entirely concerned with inadequate pressure a rating below 3, 33 ident ed low pressure as the problem. Tire rernaa`n£n! The most connnon coneom with the s ply is With t'awo. tf ty lcsera andfvr h .aver- chlorinatezd, Of 40 restxarar€ents, X 77 X44.1 %) gray e at least; titan 3. The EatteM scab »system is elearly superior aartaong the threv, sub »systems` trj respondents in Western ,system (72 or. 54,5{%, gave a aiding below 3 for at of :six (S 7%) had at £east ane rablerr th E. Of 35 respondents giving their water pressure _' described their waterpressure as `variable.' V.-he m4orky of p a. n e astern ,ystena; by Cara lmi, anty ivi ut zuz respUnae- rusl.ja, r"�l gave at ,least axle law rataag. During the past five years, have there been any periods when you did not have 150(37.6%) Yes useable municipal water? 203 (50.9 %) _ .No 11 (2.8%) Does Not Apply 35(8.8%) Cannot Recall More than one -third (150 or 37,6%) of respondents recalled interruptions in water service Please identify the approximate time, duration of interruption, and nature of the problem. On a scale of 1 to 5, please rate the overall quality of water service in Saint John? j��ee 2 3 4 The average rating far overall service was 3.985. Only 18 of 395 respondents (4.1 %) gave ratings of less than 3. Consistent with previous ratings, the average ratings in the Western and Red Head Systems (3.785 and 3.750, respectively) were lower than for the Eastern System (4.085). '. � IF RATING IS LESS THAN 3, please indicate the features of the system that should be improved. 'M Continued... Nearly all respondents who rated the overall system below 3 returned to the issues raised by questions I through 3. The most common feature of the system cited for improvement was taste, which was mentioned by 7 of 13 respondents who specified their concerns. Others mentioned appearance, pressure, chlorine and other concerns previously noted. fence again, however, this sample too small to draw any reliable conclusions. fit 1997, the cost of water to a City of Saint John flat rate customer who exercised all 63 (16.9 %) Excessive payment options was $12.02 per month. In your opinion, are these water rates: 293(78.6%) Reasonable 16 (4.3%) A bargain 1 (0.3%) Uncertain Obviously, most respondents consider Saint John water rates acceptable. Only 16 (4.3 %), however, consider the price of water to be a bargain, compared with 63 (16.9 %) who consider rates excessive. 77tis is despite a flat rate system that places little constraint on water users. Are you prepared to pay more for an improvement in the duality of water? 28 < 5 %snore 67 5 -10% more 125 (33.5%) Yes 248 (66.0%) No 1 (3.6 %) Maybe If yes, how much? 23 > 10 % more 7 Uncertain Almost exactly a third of respondents are willing to pay for an improvement in water quality. ne largest number of this group are willing to pay 5 to 10% more. These 67 and another 23 who wouldpay overs 10% more constitute exactly one - quarter of the sample. Do you purchase bottled water for use at this residence? 132 (34.0 %) Yes 256 (66.0 %) No 0 (0.0 %) Don't know Roughly a third of respondents buy bottled water. This trta), reinforce dissatisfaction with features of the water supply. Notably, 60 of 132 bottled water users rated water taste below 3. Another 45 bottled water users gave the caste of municipal water a rating of 3. Are you prepared to pay more for an improvement in the pressure supplied? 41 (10.9 %) Yes 336 (89.1 %) No If yes, how much'? 13 < 5% more 16 5-10% more 8 > 10 %snore 3 Uncertain There does not, however, appear to be a significant difference between the opinions of these two sub - groups. With respect to Questions 1 through 3 and Question 6, which provide treasures of attitudes to the water utility, average ratings are Page 7 Continued... ♦ e • REPORT TO COMMON COUNCIL f� �f Il MMINN M11 11 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worships and Members of Council, SUBJECT: Request for Water Services —Carpenter Place At the May 25�h 1999 Meeting of Common. Council, Council referred a letter from Kelly Carpenter to the City Manager and appropriate staff. Mr. Carpenter seeks permission to make a connection to an existing water service in Carpenter Place. An earlier request to staff in September, 1998 for such a connection was denied. t t` city of Saint ]oh It has long been the policy of the City to not permit the type of connection being sought - one service being connected to another. New serviced lots are developed along streets already serviced or, in accordance with the Subdivision By -Law, the developer is responsible for extending the water main to the new lot(s). However, Saint John is Canada's oldest incorporated city. It has grown by amalgamation a number of times since the early I800's and it has the oldest water system in the country. As a result, for nearly every current modern standard in affect in Saint John for City services, there exists at least one example of a situation that violates what is now considered proper practise. Carpenter Place is a multiple case in point. Prior to amalgamation with Saint John, the City of Lancaster allowed the construction, in 1955, of an exceptionally long water service running from the 12 inch water main on Manawagonish Road approximately 1200 feet down what was then called Rifle Range Road. This long water service would not be acceptable today. It served the old Stephen's asphalt plant. By 1968 the asphalt plant was gone and the water service was abandoned. In the intervening years Mr. Ralph Carpenter made his home at 1731 Manawagonish Road and it was properly serviced with water from the main on Manawagonish page 2 Road. At some point in time Mrs. David Carpenter made her home at 100 Carpenter Place (formerly the Riffle Range Road). This home was serviced with water from the Ralph Carpenter house at #1731 Manawagonish Road: an improper practise then and unacceptable now. By April 1976 this set up had become intolerable to Mrs. David Carpenter, and she sought permission to connect 100 Carpenter Place to the previously abandoned water service on Carpenter Place. By today's standards she would have been required to extend an 8" water main part way down Carpenter Place and then connect to her home with a 1." copper water service. However, in 1976 she was allowed to connect to the abandoned water service, the only condition being that the service would be hers to maintain from the street line of Manawagonish Road about 220 feet to 100 Carpenter Place. By 1978 this substandard service to 100 Carpenter Place had frozen a number of times. In 1981 the Province of New Brunswick constructed the West Saint John Tourist Information Centre on the throughway near Saints Rest Marsh. Originally this facility was served by a drilled well adjacent to the building. By 1983 water quality from the well was so poor that they were in danger of not being able to operate. In April 1983 the Province let a tender to service the Tourist Information Centre (T.I.C.) with water from Carpenter Place. A note on the tender drawing says the connection to the existing water service on Carpenter Place was to be "located and cleared by the City of Saint John ". The exact intent of "cleared" is not known nor is the explanation of how the Province was allowed to connect to a "private" water service. The 1 ' /a" polyetheline water service to the Tourist Information Centre is over 2000 feet long. No other property served by the utility has been allowed to have such an unacceptably long service. ANALYSIS The issue with a long water service is two -fold: First, the boundary of who is responsible for what portion of the service is open for debate — as evidenced by the service to 100 Carpenter Place. In 1978 it was clearly private from the street line of Manawagonish Road; now, with the City's ownership of the T.I.C., some might argue that the City has become responsible to the point of connection to the 'Tourist Information Centre service (at the foot of Carpenter Place). This would mean ratepayers incurring liability and expenses for something that was done to save a single property owner, or developer, money. page 3 Second, an excessively long water service will lead to water quality problems and low pressure complaints either caused by deterioration of the service line or by increased water consumption by the user {or users) of the source. This could lead to requests for service upgrades and more inappropriate costs to the public. It is recommended that Kelly Carpenter's request to service a currently vacant lot at the end of Carpenter Place from the existing water service to the Tourist Information Center be denied. Respectfully submitted, anlon, P. Eng. Manager y, P. Eng. ner ofMt}; 'icipAl Operations Terrence Totten, C.A. City Manager �kl`? M &C99_239 _ 1999 07 12 City of Saint John SUBJECT: Communily Centre Beautification and Seaview Trail Pro`ect - Lorneville l.�t7 ►i X13# At its meeting of June 28, 1999, Common Council considered a request from the Lorneville Community and Recreation Association Inc., (LCRAI) for the City to assist the community to build a trail along the Fundy seacoast and to improve the landscaped area at the Lorneville Community Centre. LCRAI requested the City to provide funding from the Land for Public Purposes Trust Fund for the two projects totalling $27,966. Common Council was generally supportive of the projects and approved an advance of $5,000 for project work from the LPP fund and requested staff to review the projects and provide a report and recommendation. ANALYSIS: Lorneville Community Centre This building was constructed several years ago through the efforts of the Lorneville community and with assistance from the Province of New Brunswick and the City of Saint John. The building is located on City owned property and serves as a community recreation facility. The proposal is to improve the physical attractiveness of the building through landscaping. The community has obtained the necessary labour to undertake the landscape work and requests the City to assist by funding materials in the amount of $4,460. The Community Planning Act defines land for public purposes, among other things as, "land for a community hall, public library, recreational use or other similar community facility." The project proposed by the Lorneville community is a continuation of the development of the community centre, the exterior landscaping. It is the opinion of staff that the project is eligible for funding from the LPP fund. Seaview Trail Project The proposal is to build a two kilometre walking trail along the Fundy coast on land owned by the Province of New Brunswick. The committee has provided a project cost estimate of $52,500. The estimate allows $23,500 for materials and $29,000 for labour. The labour component will be provided by both volunteers and a small workforce funded by the Province of New Brunswick. The committee is requesting that the City fund the material component from the LPP fund. The proposed Seaview Trail Project is in full harmony with the City of Saint John Recreation and Open Space Strategy, and the land for Public Purposes Policy. The completed project will construct and make available for public recreational use a two kilometre trail along the Bay of Fundy coast that offers magnificent scenic vistas. This project also has the potential to be connected to the NB Trail at Spruce Lake by way of the water pipeline right-of-way to Colson Cove. During discussions between staff and proponents of the Seaview Trail project, the latter have indicated that they will be able to acquire one of the material components - the all terrain vehicle, through other means. As a result the material component of the project has been adjusted to $20,500. It is the policy of the City of Saint John to use LPP funds for the recreational and public uses described in the Community Planning Act of New Brunswick In order for the City to provide assistance for a particular project it must be clear that upon completion of the project the public will be provided access for its recreational use and enjoyment. While the province has implied such is the case, a more specific statement of this purpose is necessary. The recommendation following provides suggested wording on this matter. It is recommended: 1) that the City of Saint John support the development of the two projects proposed by the Lorneville Community and Recreation Association Inc. as detailed in correspondence to the Mayor and Common Council dated June 18, 1999, and further, 2) that the City of Saint John, contribute $24,966 from the Land for Public Purposes 'Trust Fund in support of these developments, provided that the City of Saint John receives written confirmation from the Province of New Brunswick that the proposed Seaview Trail shall be made available for the recreational use and enjoyment of the general public. Respectfully submitted:. Williri Bptler, P Services Terrence Totteh;'C.A. City Manager 07/08/1999 08:24 EDT INVESTMENT BRANCH 4 915066351970 1110.961 Pol Nt I n I.-;( c;r Cconomic Dryclappicni 2nd Touri-;fti WnLst r c L)�V4tJOPPMcnI 'Economiqur 4t; TOUTi5MC July 6, 1999 Lorneville Community & Recreational Association Inc. 1739 Lorneville Rd. Saint John, NR E2M 7K4 Attendow Pat Donovan Re: Our alter of June 11, 1999, Trails in Lorneville You requested confirmation that our department realized the trails, beaches, etc, which you would develop on our land were for public use. We have been working with you on this project for the past two years and it is certainly clear to us that the facilities developed under your plan will be for public use, and it is on that basis that we have allowed you on our land, We cerWnIy appreciate the work community groups such as yours take on, and we will do what we can to ensure your project is successful, Peter IF VOLc- HAVE A N'l Q vd- 71 v r., A L I '-p 4-1E A S C- (-4 C:— s t CA I Yn E - -PpFr 6 3:5- 1 C1 Lorneville Community & Recreation Association Inc. 1739 Lorneville Road, Saint John, N. B. E2M 7K4 June 18, 1999 The Mayor & Common Council City of Saint John City Hall 15 Market Square Saint John, N. B. Your Worship & members of Council, The Lorneville Community & Recreation Association Inc. respectfully submits a request for funding for two community projects in Lorrieville. The first is a beautification program for our community centre located at 1141 Lorneville Road, We are planning to do significant landscaping and site improvement in conjunction with Communities In Bloom, We are requesting LPP funding in the amount of $4,460.00 and have included a proposed budget and sketch and Attachments IA & 113. The second project is for the establishment of a 2 kilometre groomed walking trail along the Lorneville coast from Splanes Beach to Ferguson Head, where the S. S- Kings County sank 62 years ago. This site has received significant media attention recently as the sons of Harald Hansen, the man whom single handedly saved his 36 fellow crewmembers 'W1'1I be visiting Saint John this summer. We have attached a copy of one of the newspaper articles as Attachment 2D. Lorneville does not have any sidewalks and even the shoulder of the road is very narrow. This trail will provide a safe and scenic walking trail for our residents and a popular place for other residents of Saint John to visit. However, we do not intend to make this a public tourist attraction but those tourists that find it will be welcome. There will be no charge for using the trail but donations will always be welcome. The land in question is owned by the Province and they have been very supportive of our plans. They have given us permission to construct the trail on their property, provided us with an excellent building for our base of operations and have also funded two student trail workers for the summer months under the JETStream program. In addition, the Province has also provided us with three small buildings for use as storage sheds or washrooms. The letter of authorization is included as attachment 2E. Attachment 2F is a letter from our insurance company to confirm that we have acquired 51,000,000.00 liability insurance for the trail. It is our intention to enhance the parking area at Splanes Beach and to establish a formal entryway into the trail. There will be a picnic area at Tiners Point and two lookouts with raised observation platforms. They will be located at the former site of the Tiners Point whistle station (foghorn) and at the trail head where the S. S. Kings County sank. We will also provide benches at appropriate locations along the way. This project requires a lot of materials and an even greater amount of labour. Besides the two JETStream workers we have a large number of volunteers and a scout troop that want to help. While the full cost of the trail is $52,500.00 we are seeking $23,500.00 from the LPP as that would cover.the materials. The rest is labour. We may further enhance the trail with more or nicer lookouts if we receive some corporate sponsorship but that remains to be seen. Time is of the essence for both of these projects. The landscaping season is underway and Communities In Bloom will soon be upon us. In addition, our trail workers will be reporting for work soon and we would like to have as much done as possible before the Hansens arrive in mid August. Therefore, we respectfully request that you consider this request as soon as possible. Sincerely, Patrick Donovan President ATTACHMENTS Community Centre Beautification 1A budget 1 B sketch Seaview Trail 2A map of proposed trail 213 budget 2C trail cost estimate 2D newspaper article 2E letter from Province of New Brunswick 2F letter showing liability coverage in force 2G JETStream approval for trail workers RECEIVED AWY, Z I 14TY OF C MT..Eft ..., Community Centre Beautification. Project Quote for planters includes: interlocking blocks, plants, Planting material & labour (quote is attached): $3,965.00 Eavestrough: 700.00 Crushed rock: 300.00 Backhoe & operator: 320.00 Topsoil (4 loads) 850.00 4 trees (installed): 800.00 pine seedlings: 60.00 bricks for barbecues & walkways: 900.00 events sign & general signage for community centre: 1,000.00 driveway markers: 28.00 TOTAL: $8923.00 Donations Garden labour: $550.00 Backhoe & operator: 320.00 L. C. R. A. general fund contribution. 1,200.00 Bricks for BBQs and walkways: 900.00 Pine seedlings: 60.00 Trees: 800.00 Plants: 222.00 Labour for planning & organizing: 570.00 $4,622.00 m Please note: The above includes commitments from volunteer labourers, Martin Construction, N.B. Power, the Lorneville Community & Recreation Association as welias donations received for plants, etc. Y 4 ,..� i• ry,d 7. t w� I i yi �t +• 1 t • 1 �..�. I'EiTw� XeV vti 4 M 7 S DE Lornevlle Community & Recreation Association Inca Seaview Trail d June 1999 Note: An explanation of how we arrived at the costs involved is attached. Please refer to the adjacent reference number. ITEM REF. MATERIALS LABOUR TOTAL 2 km. groomed trail 1 $6,000.00 $14,000.00 $20,000.00 2 lookouts w/ platforms 2 6,000.00 6,000.00 12,000.00 ATV (used w/ trailer) 3 3,000.00 3,000.00 6,000.00 Equipment 4 2,500.00 0.00 2,500.00 Signage 5 2,000.00 1,500.00 3,500.00 Planning & operations 6 2,500.00 3,000.00 5,500.00 entrance /parking area 7 500.00 500.00 1,000.00 picnic area 8 500.00 500.00 1,000,00 benches 9 500.00 500.00 1,000.00 TOTAL: $231500.00 $29,00+0.00 $52,500.00 Patrick Donovan Seaview Trail Cost Estimate Reference ) OF 4 Reference # I ) 2 km. groomed walking trail: See attached estimate of Drisdale & Associates completed in 1994 for the Province of New Brunswick (2C 3 & 4). This lists the cost of continuous trail at $10,000.00 per kilometre of which 70% is labour and 30% materials. Because this estimate is for any one of numerous krn. of trail it does not factor in the costs of lookouts, additional signage, trailheads, entryway or parking. We have calculated these separately. 2) Two lookouts with observation platforms: We estimate that the lookout at the former Tiners Point whistle Station will cost $2,000.00 total whilethe site at the trailhead will be approximately $4,000.00. The first site already has a concrete base (where the whistle was located) that we can build on and the area is low, level and clear. The site at the trailhead where the S.S. Kings County sank is among the most picturesque on the Bay of Fundy and rivals any location on the new Fundy Trail. However, the site is located on a point of land that is high above the bay. Therefore, it will be necessary to fence in the walkway leading to the observation platform and additional fencing and other security measures will be required. 3) Used ATV with trailer- We will require an all terrain vehicle for several reasons. It will be needed to transport equipment and supplies during construction as well as to clear trees and brush. When the trail becomes operational we will need it for removing trash and recyclables from containers and other maintenance. In addition, both during construction and operation it will be needed in the event we have to evacuate an ill or injured person. 4) Equipment: This amount covers a number of manual and power tools required such as shovels, hammers, nails, chain saws, etc. as well as rental costs on mini backhoes and other equipment needed on the short term. 5) Signage: This trail will require a considerable amount of signage. Interpretative signage will be needed for the various eco-systems and historical significance of the area. These signs will be erected in such a way so that they can be removed each fall to increase the life of the signs and to protect against vandalism. Safety signs will be permanently mounted and we intend to use a considerable number. In addition, we will need signs in the parking and entry areas and a sign is proposed for the exit asking visitors to use the King William Road if returning to Highway #1 so as to limit the impact on the more residential Lorneville Road, The cost shown includes the cost of the signs, hardware, lumber and labour to install them, 6) Planning & operations: This is a catch-all item that covers all of the costs of labour associated with planning and organization and supervision of paid and volunteer labour. This also covers utilities for the maintenance building, a cellular telephone for trail workers for safety and emergency purposes and minor adjustments to the maintenance building such as a ramp to allow us to put the ATV and other large equipment in the maintenance building for security. This also covers administrative costs such as reporting of wages of trail workers to the province, etc. Entrance & parking area: Costs associated with clearing additional parking areas and the cost of developing an organized parking section (rows using logs etc.) Picnic area: Cost of clearing and setting up picnic area including the cost of picnic tables, trash and recycling containers as well as a fencing system to keep trash from blowing out of the area. 9) Benches: The cost of establishing 5 rest stop areas along the trail. Please note: The Province has also provided us with three buildings suitable for use as washrooms or storage facilities. We have not yet determined the best use for these and they are not included in this estimate. We will also seek corporate support to enhance the lookout and other areas if we are successful. However, we will not be seeking any matching dollars from the LPR This contribution, if approved, will be quite enough to construct a nice trail system. Any enhancements due to corporate support will be a bonus, mlrm�l 1 3 FM by Austin A. Drisdelle Drisdelle & Associates Fredericton, New Brunswick IETMMIM Study for a Provincial Trail System Using Abandoned Railways VI RgYtLo���� 0 During a review of various reports and conversation with selected interest groups, "oups, a capital cost and maintenance cost were established. The cost of constructing lkra wheelchair accessible trail would be S18,000. The cost of constructing lkm hiking/cycling trail would be $10,0()0. The cost of constructing lkrn hiking trail Only would be $200 with an annul maintenance cost of $350/km. The -, maintenance cost for the wheelchair accessible and the groomed trail system would require $1,000/km annually. The capital cost and maintenance is very labour-intensive with approximately 30% spent on materials and 70% On manpower. Dd-'Qklk & Associates Page 2 1 ' mF,s GLOBE r�• 1 jESDAY,y FEBRUARY 2, 1999 A a-,- 'I',", Harald Hansen sits oil top of the shoulders 01 Ilis €:o[ls'e,gian _shitp;ilatc lu"UUM5 Ulu— their sinking ship its this 1930's photogra '17, Xzw = -•ice -... ._. l _.'.. !. _: �al - ,a�:''� cxvmwaart -yn �= t?,�.': •- <a"aara°'St' .`-'_. ^-Y". "S - �.. :: . � ett? � a&riE' �ier�' ,' ""- a,.... S.S. Kings County, a Norwegi ar riff he coast of Lorneville in 193G. SEARCH a �' . HERO Three Norwegian brother's want to learn more about their father's Sarin,) dive into violent w�ate'rs near Saint John, a dive that saved 36 lives ByJDHN CHILIBECff Tiurss Globe staff auriiar W caring only his sail()r-'s pants trail arope arouncl ills small tv ikt, 1- 1aI';IIII Hansen looked into the violently churning sea wvatcr below and tool: a deep breath. The lives of- 36 sait(lr,; were at stalk after their ship had blown ofl` course in a violent winter storm anct ba(tcrcd against rocks off the; borne- Ville coast. Water wvas_gushill" t6rou�1, the ripped Inctl,l hull, and llic \oru °c�i2Zr, s'L^Iiniship Was starticZg tq tip. They couIcf se°e the r3ockv shore only 30 metres away, but the huge comhcrs were proventinti thcni li °om using lifeboats. The sea would have :tossed and twirled the small craft like (majorette's baton. `:`There were no lines of communi- `tion, no lights on the shore and no lxlp in sight on this early Dcccmbcr morning in 1936. Their sole lifeline was Mr. .Enscrt's five -foot, two -inch, 125 - i:1aund frame. The nimble, 11 -Year -old sailor would try to swim ttlshore and tie the rope to a rock, al- 1 the men to climb hand- to safety. <kSo he took the plunge, a heroic ,IMP into icy waters that would tingle: -Ispines of his countrymen for de- to conic. Hansen fought the giant ww-avcs firsamething near 15 minutes, the ertowv jerking him back every e he made a few strokes forward, lined against the rail, the sailors ;latched as their comrade, only a tall white speck in the inky black - of the early morning sea, would _,_e,.momentarily swallowed by the cambers, only to suddenly reappear. ''They'could see him making a teed clutch at the rocks, but then lie would bee spit back into the sea. Many of the men thought all was lost, until the signal came that indeed, the rope was tied taut to a rock on shore. All 36 of the Norwegian crew were sated and 1\ir. Hansen's swini, a few kilometres from Tyner's Whistle, be- �,Wfeat thing of legend, was big news in New "Llidiu 17 4MI'Sert's tttri'C sorts (froin lefts Leif Harald, Helge and Thor) plan to visit S,3h,ll .ictltrr this summer to learnt more ablaut their father's story. Brunswick an(I hrolaahly would have made tltc front cover of the newspa- per il`not I'();- bod tinting - - King Ed- ward VI11 lltrcl abdicated the British Crown Orel the duly hcfore, so the di- I111nLrEiVc !\(UI'w�.'Cglall 5w;i.S burled on 110,"e It. i lowvcver, lie still managed to e.0 tt a illk dal for hr<lvcr }' 1r'om the l7r(tvincc "s i,ieutcnant-Govcrnor and a special cit.,;,i(,n I.Vonl the City of Saint John - In Norwrty, public admiration was even more licadi'. The popular press filled their Columns with details of his heroism, and the Kim, of Norway presented hilll Willi the prestigious 11eda1 of Nohlc .'wets. `l`It(rr- l lanscn, I-hu•ald Hnnsen's scctuul oldez,t soul, I'I":w olp reading (il7ilil[ lire 1:11h'r's'01%lvery In a school r cldcr'Ind iu a sci-a1)loo,)l: kept by the l the 55 -year -old coiriput- cr technician wants to take a trip to New lyrunswviCk to sec if he call field rile spot wvhcrc his lather's ship, the S. S, Icings C:ourity, went down. In a series ofE -mail messages that wvcrc sent to the `l`irires Globe, Mr. Hansen cxpj,,jmcd that lie acid his two brothers, Helge wid Leif, were always iritri ued by tlicir other's heroic decd. "My father wvas <t modest man," he wrote. 'TIC did riot tell much about ww hat hapi -tined in 1936, But it shined through hint he watt l7rc>trcl o!`wvltat he had done, sat frig all (lie crew, It was a good feelin+, for' hini that his efforts in the cold v. iter and bi- waves were successl`ul. He was not really a good swiniiner, but brave enough to try.,, Mr. Hansen's father gave up sail - oring soon after lie returned to Nor - way, despite lucrative offers from a number of shipping convanies. The hero svallted to settle into a quiet do- mestic life away from the adventures of the sea. The war put a damper oil his plans. The Germans were putting young Norwegians to work to sup- pore their war machine, brit Mr. Hansen would have none of it. He es- caped to sonic: nearby woods in the mountains, only to be caught later when "I-! tr -Jecl to visit his wife and Children in the city. HC survived the war, but was even more keen to Icnd a tranquil exist- ence. For the rest ol• his career, lie worked as a foreman in a fertilizer plant. He passed away in 1953, His son, Thor, will likely visit Saint John later this summer with his wife and two brothers to try to relive Parts of the story. For example, newspapers reported that the sailors, tiffany of them shoeless and shirtless after they reached shore, were taken in by families in Lornevillc to spent the night. The Hanscns want to meet anybody who knows about the faliti- lics, or who might be old enough to remember the events themselves. You can reach Thor Hansen by E- ruail at tho -h @ronlinc.no Or rcgulair mail: Teknikcr gata 5, 3912 lJors- mrunn, Norway, 11D. 7 7 G, Economic L-y-vdDppcxtAcra DCN-Ch)PMCnC' tr.ortorniquc, Tourism and CuJuirc du Tow-Wnc ci dc. Ja Cula; Nouveatt Q Brunswick FAX: 1-506-635-1970 Lorneville Community & Recreation ,Association Inc. 1739 Lomeville Road Saint John, NB F-2M 7K4 Attention: Pat Donovan 110DIMM RE: Yours of June 9, 1999 Please, be advised we have no objection to your entering upon our lands to Lake advantage of a mail building program this summer as outlined in your fax of June 9, 1999, as long as on the undm=ding that you do so at your own risk and expense-; provide a minimum of $1 Mil on liability insurance to cover your activity on our proper-ty; and that you agree to indemnify the Province, the Minister and their agents from any and aU actions an'sin" Out Of Your Use of the property. You may also use the building on the former N.B, Broadcas6ng site as a base for your trail building operation. This permission is not a lease and exclusive possession cannot be guaranteed without a formal lease. The ML'Tiister may ten-ninate this permission upon 15 days written notice for any reason hesh-- may fec-1 is in the bu=st 'interest of the Department to do so, As well, this permission is not to be wnstrued as a coniTMitmena for a-r,--. r(tClue-'st you may have including but not limited to requests for ftnancial support. Good luck in your projects this summer. Yous 1-ruly, -=J0 oore, P. Eng. ager - Engineering Services the CO - Opeza'- 'tf - .r LINDA GILLEN INSURANCE LTD 54 Loch Lomond Road Saint John, NB E2JIX7 June 17 1999 This is to confirm that Commercial General Liability Insurance policy # 1581174 in the name of Lorneville Community Recreation Association Inc has been extended to include $ 1,000,000 liability for the development and operation of a seasonal sightseeing / nature walking trail located in or near the community of Lorneville, NB If necessary, further information came be obtained from the undersigned. Sincerely yours Eugene Wheaton Senior Sales Representative S 11 Department of Minlst4c do Labour Travail New a Nouveau _zi Brunswiek 15 June 1999 long I 5001H LORNEVILLE COMM. RECREATION ASSN. INC. ATTN:` R. PATRICK DONOVAN 173 9 I T -ORNTEVILLE ROAD SAINT JOHN, SAINT JOHN E2M 7K4 Dear MR. DONOVAN: We are pleased to inform you that contract number NKH1149 submitted under our 1999-2000 J.E.T. Stream Program has been approved for the following 2 position(s)- Job (s) Total Weeks Target- Group 2 TRAIL REVEL. 16.00 IMPORTANT: The Student Referral Sheets may NOT BE INCLUDED in this package. If they are not, they will be forwarded according to the, job start date that you indicated on your work order form, DO NOT HIRE before receiving the referral sheets. This approval, as well as any additional approval awarded under this contract, is subject to the following conditions: A Notice of Hiring Form must be completed and returned as soon as the student is hired. This also must be accompanied by the student referral form.- • You will only be reimbursed for those students selected from the list referred by the Provincial Student Referral Office. • Jobs must provide a minimum of 35 hours per week. A maximum of 40 hours per week will be reimbursed. Positions under this agreement must not displace regular employees, volunteers or individuals on leave. P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau-Brunswick Canada E313 SHI Canada F,3B 5111 WANNIZINMIERM REPORT TO COMMON COUNCIL M--0040090ZIR July 8, 1999 Her Worship Mayor Shirley McAlary & Members of Common Council: Contract 99-11: Rockwood Avenue - Oakland Street; Water and Sewer Construction llr*n City of Saint John This Contract consists of projects that are approved in the 1999 Capital Program as follows: 1. A 200 min watermain on Rockwood Avenue, from Rothesay Avenue to Oakland Street, to replace an existing 150 mm watermain that is in poor condition. 2. A 200 min sanitary sewer on Rockwood Avenue, from Rothesay Avenue to Oakland Street, to replace an existing 200 mm sanitary sewer which is in poor condition. 3. On Oakland Street, from Rockwood Avenue to civic #53 Oakland Street, transfer existing water services from existing 25 mm watermain to existing 200 mm watermain and abandon the 25 mm watermain. 4. A 200 mm sanitary sewer on Oakland Street, from Rockwood Avenue to civic #53 Oakland Street to replace an existing 200 mm sanitary sewer which is in poor condition. Tenders closed on July 7, 1999, with the following results: 1) Nautilus Construction & Rentals Ltd. Saint John, N.B. 2) Fairville Construction Ltd. Saint John, N.B. 3) L. Halpin Excavating Limited Saint John, N.B. The Engineer's estimate for the work was $203,920.00. $205,766.10 $217,316.20 NEL I MEATM M &C99 -245 July 8, 1999 Page 2 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 resources and expertise to perform the work, and recommend acceptance of their tender, The Contract includes work that is charged against four different capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on these projects that will be performed by City forces and others. The analysis concludes that a total amount of $ 235,000.00 was provided in the budgets and that the projected completion cost of the four projects included in the contract is estimated to be $240,939.66 leaving a budget shortfall of $5,939.66. It is recommended that Contract 99-11: Rockwood Avenue — Oakland Street; Water and Sewer Construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd. at their tender price of $205,766.10 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Terrence L. Totten, C.A. City Manager m m co co 0 *jr CD CJ t@ia 0 CD C) O CD cn 0 0 0 0 :r7 O0 0 0- CL > cr < CD CD CD CD cn 1+ CD 0) 2 0) en 0 0 :3 0 0 Z) Cp CL 4a Cli CD LD. (n Cll pi CD 3 ch CD CL 0 --I CD m 0- CD C) 3 0 C: :3 OK 4r, LCr 0 0 w Z; CL 0) Z3 Cl) 3 0 C D 0 0 m z --i ch --I 0 v I Lit Cit 0 • • l I o cn m om M 0 m 0 :3 0 �- 0 0- 0 0- 0 U) 0 U) 0 > > (D (n CD < CD < 0 CD r. M tz cf) CD (D 0 I cu I rn 0 Z w OR co (D a) (D cn (D CO 00 OL31 O�m ou 0000 co 0 CL 00 00 < 0000 L4 0 CD CL 0000 m 00 > -4 I I CD C 06 0 0) CD Ul 0 + i.1) 00 0 0 0 N) "n 0 0 0 0 0 0 0, M o" 0 ,N) m "o) 3 co CD 0 CA) N) N) OL CD + 4:1, —0 + LO m > + 0) (.0 co Q. a + m CL (a a) (D z fl x 0 n n 0 0 Z 0 W > 0 ► • < Z n M n z C: > 0 n m o > 0 > M F Z n 0 z M m m 0 z > 0 --q Z m m m co CD CD :3 co C.0 m { REPORT TO COMMON Y. Cif �7►(.i M&C #99 -246 July 8 "',1999 Her Worship Mayor Shirley McAlary and Members of Common. Council Your Worship and Members of Council, City of Saint Joh At its June 14th, 1999 meeting, Common Council referred a letter on the subject matter, from the Deputy Mayor, to staff for a report and recommendation. A copy of that letter is attached. The letter's conclusion suggested that Council: "... make an allocation from the capital works budget to do Greenhead Road ahead of some of the other projects that have less severe consequences for the citizens. " A number of letters from citizens were received at the following meeting of Council on June 28''. Staff concurs with the need to reconstruct sidewalks along Greenhead Road. In fact, three projects, which include sidewalk improvements, are part of the long -term plan for Capital Transportation work. These are: o Russell Hill Rd to Civic #446 $160,000 Curb, sidewalk, landscaping and paving (Priority 3) LJ Civic 4446 to Dwyer Rd $160,000 Curb, sidewalk, landscaping and paving (Priority 4) © Dwyer Rd to Dominion Park Rd $205,000 Curb, sidewalk and landscaping (Priority 5) Sidewalks — Greenhead Road July 81� 1999 Page 2 of 2 We would also point out that sanitary sewer, storm sewer and water system projects have also been identified for the Greenhead Road area: El Storm Drainage — Russell Hill Rd westward toward St. Clair Ave $ 60,000 Install 120m of 300mm storm sewer (Priority 3) El Storm Drainage — Russell Hill Rd to Civic #494 $120,000 Install approx. 350m of 300mm storm sewer (No Priority Assigned) Ll Sanitary - Russell Hill Rd to Civic #494 $320,000 Renew approx. 615m of 200/250mm sanitary sewer (No Priority Assigned) 0 Water - Russell Hill Rd to Civic 9494 $300,000 Renew approx. 615m of 200mm watermain (No Priority Assigned) It is recognized that sidewalk work is required along Greenhead Road. The question is when can the project(s) be funded and carried out. We would not advise attempting to get the work done this year, Should Council so desire, a higher priority could be given to one or more of the jobs, say the first two: Russell Hill Rd to Civic #446; and Civic #446 to Dwyer Rd. We would suggest these be included for consideration in the 2000 Capital Construction Program as a high priority. In programming the projects, there would be a need to coordinate such surface work with any storm drainage, sanitary sewer or water system work which should be completed in the relatively near future. 19- OL41610 hy NNW Mee It is recommended that the following projects for Greenhead Road be included for consideration in the 2000 Capital Transportation Program, as a high priority: El Curb, sidewalk, landscaping and paving $160,000 (Russell Hill Rd to Civic 9446) Curb, sidewalk, landscapit (Civic #446 to Dwyer Rd) Respectfully submitted, J. Commissioner of Municipal Operations ig and paving $160,000 Terrence L. Totten, C.A. City Manager City Hall 15 Market Square 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 C" City of Saint John. In the past few weeps, I have had conversations with many people along Greenhead Road. Last week, I spoke to another person on that city street, and she informed me that the same sidewalks that are on Greenhead Road now, the broken and cracked asphalt sidewalks, are a menace to the elderly people still living on that road. She informed me that those sidewalks are the same ones that existed when she moved to the Greenhead Road forty -five years ago. It is clear also that the Kingsville Road, Milford Road, Russell Hill Road, Dwyer Road and Church Avenue have all been re -done with concrete curbs and sidewalks and the people of the Greenhead Road feel, understandably, a little left out. This woman further informed me that nine years ago they were informed they were on a list, a list which to this day has not brought their number any closer to the top.. Could we please, make an allocation from the capital works budget to do Greenhead Road ahead of some of the other projects that have less severe consequences for the citizens. J--f) y ti r .r 6rek Chase eputy Mayor DC /jaf / J � X< . REPORT. TO COMMON ("'OUNCIL M &C 99 -238 July 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: KENNEBECASIS DRIVE — SEWERAGE SYSTEM L City of Saint lots The Kennebecasis Drive sanitary sewer project involves the installation of two pump stations, forcemain and gravity sanitary sewer to collect and move sewage from the area of the Millidgeville Ferry Landing to the Millidgeville Wastewater Treatment Plant, When completed this would eliminate a septic tank and sewer outfall that currently discharges into the Kennebecasis River and permit ongoing residential development in the area. The project was included in the City's Capital Programs in both 1998 and 1999. The City requested that the Province of New Brunswick contribute to this project in the amount of $352,500. As with other planned infrastructure projects, we have been advised in a letter from the previous Minister of the Environment that the City's request for cost sharing could not be met this year. This is most unfortunate, as it seriously hampers the City's efforts to eventually collect and treat all municipal sanitary sewage. Should Council so decide, however, this is a project that the City could proceed with in 1999 - on its own. The design component of the design and construction management services is complete and the Engineer's updated estimate to construct the Kennebecasis Drive Sewerage System is $1,082,000. Kennebecasis Drive Sewerage System July 5th, 1999 Page 2 of 2 An amount of $775,000 was originally budgeted for the project in 1998. As the Engineer's estimate for the work exceeds that amount, Council approved an additional $352,500 in the 1999 lnastructure program towards the overall project. Along with the City's contribution, $352,500 was also requested from the Province. Staff is of the understanding that notwithstanding the lack of commitment from the Province, the City should proceed with this work. At the current time, the outfall into the river remains and housing development in the area is hampered. Accordingly, to provide for $1,100,000 for the project, it would be proposed to use the $775,000 previously budgeted in 1998 and $325,000 from the amount budgeted in 1999. To date, the only commitment against the above funding has been for design and construction management services totaling $77,500, approved by Council (M &C 98 -206) on July 13, 1998. Along with recommending that the City proceed on its own at this time, it would be further suggested that efforts continue to secure cost sharing funding from the Province of New Brunswick in the amount of $352,500. It is recommended that Council authorize the above- described alternate funding arrangement for the Kennebecasis Drive Sewerage System project and that the project be tendered and constructed in 1999. bitted, J.I�Pa lGroody, P. En Cammssioner of Munipal Operations Terrence L. Totten, C.A. City Manager ' WWII i City of Bain¢ john July 12,1999 Her 'V Worship Shirley McAlary and Members of Common Council Your Worship and Councillors. SUBJECT: City Sponsorship of 1999 Sun Life Skate Canada. International Competitions The Skating Events Trust Organization of the Canadian Figure Skating Association is requesting that the City of Saint John be a platinum sponsor of the 1999 Skate Canada International Competitions, scheduled to occur in Saint John, New Brunswick November 4 -7, 1999 at Harbour Station. Venue Saint John staff recently met with the organization in Ottawa, and much of the $15,000 platinum sponsorship can be provided as City services -in -kind. This report will outline specific cost- effective suggestions for the City contribution, and will outline the sponsorship benefits available to the City should it agree to sponsor this event IfItal The 1995 host of Sun Life Skate Canada International and the 1998 World Junior Figure Skating Championships, Saint John has become recognized as a great "home" for Figure skating events. Sun Life Skate Canada is in its' 26`h year and the four -day event in Saint John is expected to bring approximately 2800 visitors to the city. Visitor spending may reach $2 million, while the event overall will generate approximately $8 million dollars for Saint John's economy. Figure skating is an extremely popular sport in North America in terms of viewer popularity and media coverage of this event will be extensive. There will be over 50 local, national and international media here for the event, and an average of 1.5 million viewers will watch daily during 12 hours of national coverage on the CTV Television Network. Additional television coverage is also expected. M & C 1999-242 July 12,1999 Page Z of FINANCIAL IMPLICATIONS Skate Canada will consider the following City contributions equivalent to a $15,000 platinum sponsorship: In -Kind Contribution CASH EQUIVALENT a). (Sixteen) 16 hours of ice time at City Rinks (excluding Harbour Station) $2,000.00 b). Hanging of up to 100 `Skate Canada" banners for the week of the competition $2,500.00 (banners to be supplied by Skate Canada) These services can be provided by the Recreation and Parks Department and have been provided in past for similar events. c) City Tourism Department in promoting event through City /all of NB $4,000.00 - declaration of International Skating Week by Mayor of Saint John - distribution of Skate Canada postcards to city and provincial VIC's (Aug/Sept) - distribution with Bureau fall mailing to regional (Maritime) Travel agencies - inclusion in monthly Events Calendar (distribution to over 3500) & on City's website calendar) - inclusion in all information kits requested from SJVCB - free city media kits for 50 media attending; inclusion in Bureau local industry newsletter - liaison with Uptown Saint John - assistance with promotion /excitement before and during event to 600 - retail establishments (window dressings /themes /info on schedules, etc) - offer to have Bureau toll -free number on posters /literature to field tourism /local questions - free tourism literature /uptown coupon booklets to all participants prepared in advance - City tourism booth manned by bilingual tourist officer to be available during peak registration hours - manned tourism info booth at Harbour Station during event with literature /uptown menus - free welcome signage at 6 major hotels and airport in lobby (showcard stand signs) free co- ordination/manning of Meet and Greet Committee at airport as participants arrive. d). Carpenter services and materials /city staff assistance (judges podium, on ice assistance, etc). $2,000.00 This service has been provided in past by the Municipal Operations Department for similar events. Total In -kind Contribution: $10,500 Cash contribution Sponsorship of Local Volunteer Reception/kickoff (wine & cheese -160 people) $2,500.00 Hosting of Local Sponsor Reception (75 -100 people) $2,000.00 The City has sponsored such receptions in past to National/International events. Total Cash contribution requested: $4,500.00 Total Contribution equivalent to Platinum Sponsorship• $15,000.00 M & C 1999 — 242 July 12,1999 Page 3 of As a Platinum Sponsor the City of Saint John will receive the following promotional benefits: - Recognition on Sponsor banners placed in Harbour Station, official hotel and at the media conferences - Recognition on sponsor acknowledgment page in souvenir program - One full -page colour advertisement in the souvenir program - All -event tickets, which include admission to 4 event sessions and all practice sessions - VIP Passes to the sponsor lounge - Invitations to the Local Sponsor Reception The 1999 Sun Life Skate Canada International Competitions will, again, provide Saint John with national and international media exposure and will add to the growing base of proof that Saint John is a first level competitor in the hosting of national and international sporting events. As with the World Junior Figure Skating Championships, the value of the media coverage alone will exceed the sponsorship cost. Figure Skating events and Saint John have a great history, and the success of the local industry's recent bid for yet another event -the Canadian Figure Skating Association Annual Meeting in June 2001 shows that this close affiliation will continue into the millenium. It is recommended that Common Council agree that Saint John become a Platinum 'Sponsor of the 1999 Sinn Life Skate Canada International Competitions through the in -kind and financial contributions as outlined in this report, that the financial contribution of $4,500.00 be provided from the unspecified grant allocation, and further that the Mayor and Common Clerk be authorized to execute any necessary documents. Respectfully Submitted, Mal, �,1 ' t� Margaret Totten Manager, Saint Jo Visitor & Convention Bureau (Ij Al Bill B� ler,,P, Eng. icy Services Terry Totten, C:A City Manager REPORT TO COMMON COUNCIL ,y OPEN SESSION M& C-99-240 July 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 525 McAllister Drive " ri -1 t City. of Saint John On June 28, 1999, Common Council gave first and second readings to the above - noted rezoning. Third reading and adoption of the rezoning is scheduled for consideration at Council's July 12, 1999 meeting. The staff report of rune 18, 1998 to the Planning Advisory Committee indicated that a portion of the area advertised for rezoning should be excluded from the area finally rezoned. The portion in question is illustrated on the attached map. It is a triangular area that extends back further than the rear lot line of the adjacent RST property. Staff had recommended that the triangular area be excluded from the land to be rezoned in order to maintain a consistent rear boundary for the non - residential area fronting on McAllister Drive. This would limit the maximum depth of the rezoned area to approximately 170 metres (560 feet), which is the approximate depth of the RST lot. The sketch attached to the proposed amendment has been drawn to exclude the triangular area. The Commissioner of Municipal Operations is in agreement with this exclusion. Report to Common Council July 5, 1999 Page 2 That this report be received and riled, and Common Council give third reading to the proposed rezoning of 525 McAllister Drive, excluding the triangular area illustrated on the attached maps Terrence Totten, C.A. City Manager RGPIr SC s C COMMUNITY PLANNING RS n; 2 I - AREA TO BE EXCLUDED r � � RS 2 t IUD RS - 2 FROM &2EZON1�lC RS- 2 3 a Y i 5 `S B- 2 RS- 2 B- 2 / IL- 2 R- 2. 2 / R - 2 Subject Site: " Address: 525 McAllister Drive Map dumber: 07P-11 SW Date: May 25, 1999 Scale: N.T.S. IL- 2 RS- 2 oy NBGIC Number (s): 00313429 (part ofd 55116941 (part o� REPORT TO COMMON COUNCIL • 9 amifflom Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: Re: Mercantile Centre As per the attached, staff are recommending that the following resolution be adopted by Council. "RESOLVED that the City of Saint John accept from Ellis-Don (Atlantic) Limited a surrender of the lease dated April 25, 1991, save and except Article X thereof, made between the City of Saint John and Saint John Mercantile Centre Limited which was assigned to Ellis-Dop)(Atlantic) Limj;ed on May 21, 1992." -3jWM= Terrence Totten, C.A. City Manager TLT/jaf attachment ( *:a City of Saint John Legal Department Jahn L. Nugent City Solicitor July 9, 1999 Terrence L. Totten, Esq, City Manager 8t" Floor - City Hall Saint John, N. B. Dear Mr. Totten: P0. Box 1971 Tel.: 506 658 -2860 Saint John Fax: 506 658-2802 New Brunswick Canada E2L 4L,I Mercantile Centre - 55 Union Street City of Saint John By resolution adopted May 31, 1999, Common Council authorized the sale of the freehold interest of 55 Union Street to Ellis -Don (Atlantic) Limited, subject to certain terms and conditions contained in the resolution respecting the City's Pedway sytem. Late yesterday, Mr. Thomas L. McGloan, solicitor for Ellis -Don (Atlantic) Limited called asking that the City accept from his client a formal surrender of the original lease made April 25, 1991. I advised Mr. McGloan that no authority has been given by Common Council to permit the acceptance of such surrender. In discussing this issue of accepting a formal surrender of lease, I advised Mr. McGloan that the City could not accept a total surrender of the lease as the particulars of Article X in the Lease provides for an obligation on the part of the lessee which survives any termination of the lease to indemnify the City. That being the case, I agreed to place before you for recommendation to Common Council at their next meeting the following resolution:. RESOLVED that the City of Saint John accept from Ellis - Don (Atlantic) Limited a surrender of the lease dated April 25, 1991, save and except Article X thereof, made between the City of Saint John and Saint John Mercantile Centre Limited which was assigned to Ellis -Don (Atlantic) Limited on May 21, 1992. Yours truly, Lynda D. Farrell Solicitor / llh REPORT TO COMMON COUNCIL [01 U MEN= Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: Staff have received the attached request from Irving Oil Limited and would recommend that the City respond in a positive and timely fashion. CAM, City of Saint John "RESOLVED that Common Council authorize Irving Oil Limited, by its employees, agents and contractors and subject to conditions hereinafter stipulated, to construct within the existing road right-of-way of Grandview Avenue, in accordance with the plans prepared by FGA Consultants Ltd. attached hereto, hereinafter referred to as the "Work"; and further be it resolved that the foregoing authorization is subject to the following conditions: The design and construction specifications for the Work must comply with those established by the City for similar work and the execution thereof must comply with those specifications as determined solely by the Chief City Engineer; 2. That prior to any construction commencing, Irving Oil Limited must deliver to the City proof of comprehensive general liability insurance naming the City as an insured in the amount of $2,000,000 and remaining in force until the satisfactory completion of the Work, as determined solely by the Chief City Engineer; 3 -2- Irving Oil must complete the work to the satisfaction of the Chief Ci y Engineer n9j later than September 30, 1999." Terrence Totten, C.A. City Manager TLTIjaf attachment IRVING OIL LIMITED PO, BOX 1260 SAINT JOHN, N.B.: CANADA REFINING DIVISION E2L4H6 TEL (506) 6333COD ... FAX: (506) 633 -4n5D °s;ci.lbicl July 7, 1999 J Mr. Terry Totten r� asO1tl ;�° 1 City Manager City of Saint John P.O. Box 1971 Saint John, N.B. E21, 4LI'' Dear Sir: During the construction of the Irving Oil Refining Upgrade Project, there will continue to be a substantial increase in vehicular traffic proceeding to and from the Refinery site from Grandview Avenue. In order to better facilitate the movement of traffic along Grandview Avenue, Irving Oil Limited is prepared to widen a portion of Grandview Avenue, thereby creating additional vehicular turning lanes in the immediate vicinity of each of the four entrances and exits leading to and from the Refinery construction site. All relevant engineering and other technical requirements will be of course subject to the approval of the City's Engineering Department. Irving Oil will be responsible for undertaking, at its sole expense, all of the work necessary to corplete this widening of Grandview Avenue. The City's Engineering Department will be kept fully advised of all construction details, including the timetable and progress of the work. All improvements made to Grandview Avenue as part of this work will be the sole property of the City of Saint John. It is our intention to complete all of this work before the New Brunswick Community College begins its fall session. If you have any questions, please do not hesitate to contact me at any time. Yours Truly, R.A. Chalmers General Manager 1.0 PROJECT DESCRIPTION Irving Oil Limited is in the process of expanding their existing oil refinery in Saint John East. Presently there are over 500 workers on site as part of the expansion activity and this is expected to increase to 1.800 to 2000 workers daily during peak conditions. Construction is to continue over a 2 year period. Worker and equipment movements associated with the Refinery will access the site via driveways located along Grandview Avenue. There are three separate parking areas: 1) Project and Construction Office Staff; 2) Construction Worker Personnel; and 3) Main Project Entrance. In addition, there will be another parking area either on the east side of Grandview Avenue across from the project site, or at the south end of the site with access via Bayside Drive. There is also a separate private access road between the Shipyard and the Refinery which is utilized for very large and heavy equipment movements. This private road minimizes disruption on the public street system. Figure 1.1 shows the general location of the oil refinery, the adjacent streets and intersections, and the proposed work along Grandview Avenue. A traffic impact study was completed for Irving Oil Limited, by FGA Consultants Ltd of Fredericton, and the proposed widening of Grandview Avenue is based on the recommendations outlined in this report. b PLANNING URBAN, REGIONAL PLANNING POLICY DEVEL0rMFN1 HIGHWAY ENGINFEMNG FE1,SIBILITY 6, I. PACT STUDIES "ARKETIRESE,,PCH ECONOMIC, FINANCIA- 'U'DIES I GURISM S 1 UDIES Page 2 of 2 The existing roadway is a two lane arterial street with mostly no curb located along the proposed work area. The roadway is to be widened to accommodate turning lanes for movements in and out of the proposed parking areas. As much as possible all of the widening will occur on the east side of Grandview Avenue. The entrances/exit driveways to the site have been labeled from 1 to 4. A set of temporary traffic signals is to be installed at the intersection labeled as 2. This is the entrance/exit where most of the rush hour traffic will be anticipated. Loop detectors will be installed to only activate the traffic signals as required. These traffic signals will be removed once construction of the oil refinery expansion has been completed Figure 1.1 shows the existing edge of asphalt and the area required to complete the proposed widening. Some utility poles and other services will be relocated as part of this project. All costs associated with this project will be borne by Irving Oil Limited. FGAz�L CONSLILT',NTS L-rD 3111-1 Rom II NEW 0 V) En < \�\ < \)§ �� ] ! CL Inn Own __��]� .1 V -'my -1 4il / \� ��q 0 REPOfff- TO COMMON COUNCIL OPEN SESSION M & C #99-252 KRF&o 0 t City of Saint John Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: Re: License Agreement - Irving Oil Limited In connection with the expansion of the Irving Oil Refinery Expansion, it is necessary to run a new 30" water line to the refinery site. A portion of this new line will lie within the street limits of Champlain Drive and Grandview Avenue. As a result the attached agreement has been negotiated and prepared by City staff and personnel representing Irving Oil Limited. wmm�.r;� It is recommended that attach ense Agree: Fees ectulfv submittdd', Terrence Totten, C.A. City Manager TLT/jaf attachment t. n Council authorize the execution of the W THIS AGREEMENT made as of the day of 1999, BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Statute confirmed and amended by acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" of the first part; IRVING OIL LIMITED, a corporation under the laws of the Province of New Brunswick, having its registered office in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, hereinafter called the "Licensee" of the second part WHEREAS the Licensee intends to lay one (1) thirty inch (30") pipeline (hereinafter called the "Pipeline") to transmit water to the refinery operated by the Licensee in the City of Saint John, in the County of Saint John, in the Province of New Brunswick; AND WHEREAS the Pipeline is always to remain the sole property of the Licensee and is to be laid under a portion of Champlain Drive and a portion of Grandview Avenue, being public streets (the "Streets") owned by the Licensor as shown on the two plans (the "Plans") attached hereto as Schedules "A -1" and "A-2", NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada, and other valuable consideration, the Licensor does hereby grant to the Licensee permission to the Licensee by its employees, agents, workmen and contractors, to lay, construct, reconstruct, repair, replace, renew, maintain, operate and remove the appurtenances thereto-, unif-r, i1pon and along the Streets shown on the Plans for the transportation of water with the right of ingress and egress to and from the same over and through, under or along every part and parcel of the Streets as shown on the Plans. The Licensee covenants and agrees as follows:- VA I . That it shall not, nor shall its employees, agents, workmen and contractors, have any claim against the Licensor for loss or damage to the Pipeline or appurtenances while such property is located upon the Streets, unless due to the negligence of the Licensor or its employees, agents, workmen or contractors. 2. That it shall indemnify and save harmless the Licensor from all loss, damage or injury, of any nature, kind or description whatsoever and in respect of property owned by others and in respect of damage sustained by others, whether caused by the presence of the Pipeline or its use or the release of the contents therefrom, or by the negligence of the Licensee, its employees, agents, workmen or contractors, and from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner, based upon or arising out of or connected with this License, unless such loss, damage or injury or such claims, demands, actions, suits or other proceedings are due to the negligence of the Licensor or its employees, agents, workmen or contractors. That it shall indemnify and save harmless the Licensor from all rates, taxes, liens, assessments and levies of any description whatsoever that may be imposed, charged, claimed or levied by any. authority, body, workman, contractor or supplier -upon the Licensor by reason of the construction or presence of the Pipeline and the privileges granted hereunder. 4. That it shall give reasonable notice to the Licensor in the manner described in paragraph 23 of the Licensee's intention to carry out work at, near, over or in the vicinity of the Pipeline. 5. That it shall construct the Pipeline in accordance with the engineering drawings attached hereto as Schedule "B" which shall be to the reasonable satisfaction of the Chief City Engineer. 6. That it shall provide a complete set of "as built" engineering drawings ID to the Licensor within ninety (90) days of substantial completion of construction or the Pipeline, The "as built" drawings shall include the location drawing (Plan of Survey) of installed. lines providing a three-dimensional location tied to the New Brunswick grid co-ordinate within the Streets and also indicating the proximity to -3- any existing lines running in a parallel direction and/or crossed (under and/or over) by the Pipeline. 7. That it shall, at its own expense, obtain and maintain in good standing all permits and licences required by any authorities having jurisdiction in order to lay, construct, reconstruct, repair, replace, renew, maintain, operate and remove the Pipeline and all appurtenances thereto, and shall otherwise comply promptly at its own expense, with all laws, regulations, rules of all federal, provincial and municipal governmental authorities which may be applicable hereto. The Licensor covenants and agrees as follows:- 8. That it shall permit the Licensee, its employees, agents, workmen or c ontractors, to make reasonable entry at reasonable times on, upon or in the Streets of the Licensor together with the necessary machinery, equipment and material, for the purpose of placing, laying, constructing, maintaining, cleansing, altering or relaying the Pipeline or any part thereof, the location of which has first been designated by the Licensor, provided that any such entry shall be carried out so as not to hinder or interfere in any greater degrees than is reasonably necessary with the Licensor's use or enjoyment of the Streets; and further provided that the Licensee shall restore or cause to be restored after each such entry, the Streets to the condition in which the Streets existed immediately prior to such entry, or as near thereto as possible, to the reasonable satisfaction of the Licensor, and further provided that the Licensee shall notify the Licensor in writing, prior to any such entry, setting out the purpose therefore and a schedule of proposed work to be carried out during such entry. 9. That it will give reasonable notice to the Licensee of the Licensor's intention to carry out work at, near, over or in the vicinity of the Pipeline. Such notice shall include SIIffICiPnt rit-tnilS to enable the to determine what impact, if any, such work may have on the Pipeline, provided however, that in any circumstance considered by the Licensor to constitute, or potentially to constitute, an emergency, the Licensor shall so notify the Licensee, as soon as reasonably practicable in light of the then existing circumstances, in the manner described in Schedule "C" hereof. -4- And it is mutually covenanted and agreed between the parties as follows:- 10. That this License or any privilege hereunder is not assignable by the Licensee without the Licensor's written approval which shall not be unreasonably withheld. This clause shall not apply to any mortgage transaction, or an assignment to an associate, related or subsidiary company nor shall it apply where such assignment is done in association with or as part of the conveyance of the refinery of the Licensee and the Pipeline in a single transaction. 11. That any condonement, excusing or overlooking by the Licensor of any default, breach or non-performance by the Licensee at any time or times in respect of any covenants, provisos or conditions herein contained shall not operate as a waiver of the Licensor's rights hereunder in respect of any subsequent default, breach or non-performance or so as to defeat or affect in any way the rights of the Licensor hereunder in respect of any subsequent default, breach or non-performance. 12. That notwithstanding anything herein contained, the Licensor shall have the right to maintain and control its watermains, sewers and streets at all times during the License hereby granted. 13. In the event that the location of the Pipeline interferes with the alteration or installation of municipal services, structures or improvements of every nature or kind whatsoever, excluding buildings, the Licensor may request a change in the location of the Pipeline. The Licensor shall give written notice to the Licensee, specifying the location of the proposed change. Should it not be possible to devise an alternative solution which is satisfactory to the Chief City Engineer, acting reasonably, the Licensee shall make such change within a reasonable period of time at the Licensee's expense for a change in location of a distance of not more than two hundred (200) linear feet. Should such change in 'location involve a diet -_-,_-_ ^irmore than two hundred (200) linear feet, the Licensor shall bear all costs of removing and relaying the Pipeline in excess of two hundred (200) linear feet. In the event the Licensor requires a change in the location of the Pipeline, the Licensor will provide a new location. -5- 14. If at any time the Licensee fails to fulfil, observe or perform covenants and conditions contained herein, or discontinues the use of or abandons the Pipeline for a period of twelve (12) consecutive months, this License may be terminated by the Licensor, with respect to the Pipeline or any portion thereof as is so discontinued or abandoned, giving written notice to the Licensee, in accordance with the provisions of paragraph 18 hereof. 15. Upon the termination of this License the Licensee shall forthwith remove the Pipeline from the Streets at the Licensee's own cost and expense and restore the Streets to as good a condition as they were prior to such removal to the reasonable satisfaction of the Chief City Engineer, and upon the Licensee's failure to do so, the Licensor may perform such work at the cost of the Licensee who agrees to pay such costs on demand. Notwithstanding the foregoing, upon termination of this License, and with the consent of the Chief City Engineer, acting reasonably, the Pipeline need not be removed if the continued presence of the Pipeline will not interfere with the Licensor's use of the Streets, but if not so removed the Pipeline most be secured in a manner deemed satisfactory to the Chief City Engineer. 16. This License is not intended.to create any right in the nature of an casement or right-of-way and will be construed only as a license and does not prevent the Licensor from imposing, charging, claiming or levying any rate, tax, lien, assessment or levy of any description whatsoever against the Licensee, its successors and assigns, by reason of the construction or presence of the Pipeline. 17, The Licensee's obligations to provide any indemnity under this license agreement are contingent upon (i) prompt written notice by the Licensor to the Licensee of any claim, demand or proceeding of any type against the Licensor or the occurrence of any situation, which may become the subject matter of a claim for indemnity, (ii) the Licensor permitting the Licensee to join or otherwise assist the Licensor in the investigation and defense of such claim, action or situation, (iii) the delivery to the Licensee by the Licensor of a copy of every demand, notice, summons or other process or significant document received by it relating to such 719M M- H 18. The Licensor agrees that no action will be taken to terminate this License for lack of use of the Pipeline or any part thereof or any other default hereunder until such lack of use or other default has continued for six (6) months after the Licensee has been notified in writing by the Licensor as provided in paragraph 14 herein of such lack of use or default, and the Licensor has sent a written declaration to the Licensee setting out the details of such lack of use or default and of its intent to terminate this license agreement if such lack of use or default is not rectified within said six (6) month period. In the event that the Licensee has no further need of the Pipeline for the transmission of water and intends to discontinue the use of or to abandon the Pipeline, it will give written notice of its intention to so discontinue or abandon to the Licensor. 19. (a) Subject to the provisions of paragraph (b) hereof, the Licensor hereby charges an annual license fee of One Thousand Dollars ($1,000.00) and the Licensee agrees to pay to the Licensor the sum of One Thousand Dollars ($1,000.00) per annurn commencing on the date of execution hereof and on the first day of July in each year thereafter while this license is in effect. (b) The annual license fee shall increase by One Hundred Dollars ($100.00) on the tenth anniversary of July 1, 1999 and by further increases of One Hundred Dollars ($100.00) per annum on each successive tenth anniversary of July 1, 1999. The parties agree as follows: 20. That the installation of the Pipeline shall not interfere with the Licensor's existing lines for municipal services and the Licensor, having first given notice under the provisions of paragraph 9 hereof, shall have the right to repair, alter, replace and maintain existing lines for municipal services. In the event any such work may require special arrangements to be made to secure to Pipeline; the Licensee may either undertake such special arrangements at its sole cost or compensate the Licensor for its costs incurred in undertaking such special arrangements. In the event that the Licensor is prepared to undertake such special arrangements, complete details including projected costs, shall be provided to the Licensee in advance of such work. -7- 21. In the event that any damage occurs to the Licensee's municipal services infrastructure which lies under or over or along the Pipeline, within two (2) z:1 years of the installation of the Pipeline, which the Licensor, acting reasonably, believes is associated in any manner with the installation of the Pipeline, the Licensee shall, at the Licensee's cost, repair the damage to the satisfaction of the Chief City Engineeer. 22. The Licensee assumes the sole responsibility for the Little River crossing of the Pipeline. 23. Any notice or declaration to be made or given hereunder shall be in writing and shall be delivered by registered or certified mail, by facsimile or telecopy or personally delivered to a senior executive thereof to: Y I If to the Licensor: City of Saint John 15 Market Square Saint John, New Brunswick E2L 4L I Attention: Common Clerk with a copy similarly delivered to: City of Saint John P. O. Box 1971 Saint John, New Brunswick E2L 4L I Attention: Chief City Engineer If to the Licensee: Irving Oil Limited P. O. Box 1260 Saint John, N. B. E2L 4H6 Attention: The Secretary with a copy similarly delivered to: Irving Oil Limited P. O. Box 1260 Saint John, N. B. E21, 41-16 101 Attention: Refinery General Manager Such address(es) may be changed by a party at any time and from time to time on ten (10) days prior written notice to the other party. In the case of mail disruption or other force majeure event, only personal service shall be permitted. Notice delivered personally is deemed communicated as of actual receipt; if delivered by registered or certified mail as of three (3) business days following mailing and if sent by facsimile or telecopy, on the day of transmission if sent prior to 3:00 p.m. on a business day and, if not, then on the next business day ("business day" shall exclude Saturday, Sunday and all New Brunswick statutory holidays). 24. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties have caused these presents to be executed as of the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of - THE CITY OF SAINT JOHN By: Mayor Bv: Common Clerk IRVING OIL LIMITED By: By: 9 0 2 N e4 I V� , 0 QUI f 0 --I LO �_Ot 93-1 See plll� 200 oi rolpeM CL s 0 L Vol- 'jok. 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The designated employee position and the telephone number referred to in this Schedule "C" may be changed at any time on ten (10) days prior written notice by the Licensee to the Licensor. PROVINCE OF NEW BRUNSWICK N� 0196"A-Qdfflmavlel I, Mary L. Munford, of the City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the Common Clerk of The City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the foregoing instrument affixed is the Common Seal of The City of Saint John and it was so affixed by order of the Common Council of The City of Saint John. 3. THAT the signature "Shirley McAlary" to the said instrument is the signature of Shirley McAlary, the Mayor of The City of Saint John, and the signature "Mary L. Munford" is in the proper handwriting of me, this deponent. 4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 11999. BEFORE ME Mary L. Munford Commissioner of Oaths Being a Solicitor PROVINCE OF NEW BRUNSWICK CITY OF SAINT JOHN 1, , of the City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the of Irving Oil Limited, a corporation, having its registered office in the City of Saint John aforesaid. 2. THAT the and the of Irving Oil Limited are authorized to execute documents in the name and on behalf of Irving Oil Limited. I 3.. THAT the seal affixed to the foregoing instrument is the corporate seat of Irving Oil Limited and was so affixed by authority of the directors thereof. 4. THAT the signature instrument is the signature of the Irving Oil Limited, and the signature handwriting of me, this deponent. 11 to the said of " is in the proper S. THAT the said signatures were subscribed to the said instrument and the corporate seal affixed thereto for the purpose of execution on behalf of Irving Oil Limited. SWORN TO at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 51999. BEFORE ME Commissioner of Oaths Being a Solicitor FA --Ya WATITA 110jr-A ITA4 kill IL 1111 ;; � �k 1211211F;l ; 16 it 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: Schedule "P" - loading Zones is amended by deleting the loading zones which are described as: "Charlotte Street, east side, commencing at a point 10 metres south of Union Street and extending 15 metres southerly." W "Charlotte Street, east side, commencing at a point 74 metres south of Union Street and extending 20 metres southerly." 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 twelfth day of July, A.D. 1999 and signed by: is Rod ANTI 1[4N11R1aYv1,*,'XQ MMIMONE-1216 le P)ON j IN 17W4110. W-w- First Reading June 28, 1991,f,, Second Reading June 28, 19954' Third Reading July 12, 1999 BYLAW 1 ■ BY-LAW PROVIDE r RESERVATION • CERTAIN r■ PORTIONS THEREOF FOR PARKING PURPOSES ■ D O CHARGE AND y FEE FOR THE USE OR OCCUPATION OF THE SAME BY MEANS OF MECHANICAL APPLIANCES 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 to Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances" enacted on the 6'h day of September, A.D. 1994, is hereby amended as follows: - Schedule "A" - is amended by adding the following words under the headings:- Street Charlotte Street Limits Union Street to King Square North First Reading - June 28, 1999 Second Reading - June 28, 1999 Third Reading - - July 12, 1999 ' East Legal Department John L. Nagent PO. Box 1971 City Solicitor Saint John St New Brunswick n . Canada E2L 4L1 July 9, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: `1`cl.: 506 658-2800 Fax. 506 658 -2802 Re: Charlotte Street - Parking Meter By-Law Amendment and Traffic By-Law Amendment FA 4 City of Saint Join Common Council at its meeting Jame 28, 1998 adopted a recommendation from the Parking Commission and gave first and second reading to amendments to the Traffic By -Law and Parking Meter By -Law in order to remove the "loading zone„ areas on Charlotte Street, between Union Street and Ding Square North, and allow for the installation of parking meters in those areas. The appropriate amendments are attached and third reading is in order if Council wishes. Respectfully submitted, A/ Jo n L. Nugent City Solicitor cd Attachments 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: L Schedule "P" - Loading Zones is amended by deleting the loading zones which are described as: "Charlotte Street, east side, commencing at a point 10 metres south of Union Street and extending 15 metres southerly." and "Charlotte Street, east side, commencing at a point 74 metres south of Union Street and extending 20 metres southerly." IN WITNESS WHEREOF the City of Saint John has caused the Connnon 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:- June 28, 1999 Second Reading:- June 28, 1999 Third Reading:- BY -LAW NUMBER M -118 -9 A BY -LAW TO PROVIDE FOR THE RESERVATION OF CERTAIN STREETS OR PORTIONS THEREOF FOR PARKING PURPOSES AND TO CHARGE AND COLLECT A FEE FOR THE USE OR OCCUPATION OF THE SAME BY MEANS OF MECHANICAL APPLICANCES 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 to Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances" enacted on the 6' day of September, 1994, is hereby amended as follows: Schedule "A" - is amended by adding the following words under the headings:- Street Limits Side Charlotte Street Union Street to King Square North East 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:- June 28, 1999 Second Reading:- June 28, 1999 Third Reading:- office of the Mary L. Munford Common Clerk Common Clerk July 6, 1999 Mr. Mike Brown Chairman Saint John Parking Commission 11th Floor, City Hall P.O. Box 1971 Saint John, NB E2L 41_1 Dear Sir: 1'.0. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- "TrIT. City of Saint John "RESOLVED the report from the Saint John Parking Commission listing background information with regard to a concern raised by a number of merchants over the past few years about the lack of parking on Charlotte Street between Union Street and King Square North; and recommending that the proposed amendments to the City's Traffic By-law and the Parking Meter By-law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted." At the same meeting, the proposed by-law amendments were given first and second readings, as amended so that the parking meters are placed on the inside of the sidewalks next to the buildings, if possible. Yours truly, Mary L. lE�unford Common Clerk MLM:sc G� f` Saint o$ Parking s, 4i° a June 24, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council 81h Floor, City Hall Saint John, N.B. E2L 4L 1 Your Worship and Councillors: 9th Floor, City Hall, RO. Box 1971 Saint John, N.B. E2L 41_1 Tel.: 506- 658 -2897 Fax: 506- 649 -7938 Re: Proposal to install Parking meters on Charlotte Street The lack of parking on Charlotte Street between Union Street and King Square North has been raised by a number of merchants over the last few years. Below, 1 have listed the background information that leads to the recommendations made by the Saint John Parking Commission about parking: As part of a revitalization beautification program sidewalks were widened and trees were planted, 15 years ago, in 1984. Since Coburg Street on to Charlotte Street was one of the main entrances to the uptown area, trees were planted along the east side of Charlotte Street to enhance and beautify this area when people came into the city centre. The situation has evolved and 15 years Eater merchants in the area feel they need additional convenient short stay parking for their customers. The parking lot behind Charlotte Street between Union Street and King Square North was developed in 1991 to provide long and short term parking for Service N.B., City Market and other businesses in that area. The past two or three years, the parking lot has been full (at capacity) at various times during the day. Some additional on- street parking spaces are seen as a solution to help the parking in that area. The merchants asked for metered spaces (10 Spaces) to be instituted as soon as possible but funding was not available in city capital budget. An arrangement was proposed that the Saint John Parking Commission fund the project to provide 10 parking meter spaces on Charlotte Street (costing about $60,000) and recover the monies from meter revenues in that area over a six -year period. A large concern of Uptown Saint John Inc. and others was preserving the treed streetscape and several alternatives were explored, including retaining several existing trees on the east side of the street and installing new trees on the west side. Trees removed would be re- located to Ding Square or elsewhere. Saint John Parking Commission agreed to proceed with the project subject to agreement by Charlotte Street Merchants, Uptown Saint John Inc. and the City. 0 Uptown Saint John Inc has now suggested, a two phase plan of approach: I. That four parking meters be installed in the spring /summer of 1999 on the east side of Charlotte Street between Union Street and Ding Square North using the existing loading zones. 2. That a survey of customer patronage be implemented after a mutually agreed period of time to determine if future action (to create additional metered parking spaces) is warranted. Because of the time factor (too late in the season to move trees), the Saint John Parking Commission, agrees that the two loading zones from Charlotte Street be replaced with four metered spaces as soon as possible. All businesses in the area were asked for their comments and in the opinion of Uptown Saint John Inc., the City Traffic Department and the Saint John Parking Commission, the loss of the loading zones in that area will not cause a major problem for the current loading zone users. Financial Implication. These changes can be absorbed within existing budgets. Recommendation; The Saint John Parking Commission recommends that Common Council approve the removal of the two Loading Zones on the east side of Charlotte Street between Union Street and Ding Square North and the installation of four parking meters by amending the Traffic Bylaw and the Parking Meter Bylaw. It is recommended that the following amendments to the City Traffic Bylaw and parking meter receive 1st and 2nd reading and that they be referred to the Legal Department for appropriate action. Delete: From the City Traffic Bylaw Schedule "P" Loading Zones: 1. Charlotte Street east side commencing at a point 10 metres south of Union Street and extending 15 metres southerly. 2. Charlotte Street east side commencing at a point 74 metres south of Union Street and extending 20 metres southerly. Add: To the City of Saint John Parking Meter Bylaw Schedule "A" STREET LIMITS SIDE Charlotte Street Union Street to East Ding Square North Sincerely Yours, Mike town Chairman Saint John Parking Commissioiv,,_ Legal Department John L. Nugent City Solicitor July 9, 1999 P.O. Box 1971 Tel.: 506 658 -2800 Saint John Fax: 506 558 -2802 New Brunswick Canada E2L 4L1 ��,, Her Worship Mayor Shirley McAlary City of Saint Johm And Members of Common Council. City Hall Saint John, NB Your Worship and Councillors: Period Re: Authority of Planning Advisory Committee to Permit for a Temporary An Excavation in a Residential Zone Mr. Garry Prosser in correspondence dated June 17, 1999 and addressed to Council, raised the matter of the Planning Advisory Committee's (PAC) authority to permit, on a temporary basis, an excavation on residentially zoned land. His letter was accompanied by correspondence of the same date and dealing with the same subject which he had sent to myself. Council at its meeting of June 28, 1999 referred the matter raised by Mr. Prosser to me for an opinion. The Community Planning; Act sets out the potential jurisdiction of a planning advisory committee in this regard. It begins in this respect by providing that a municipality may enact a zoning by- law which: S. "34(3) ... shall divide the municipality into zones, prescribe the purposes which land, buildings and structures in any zone may be used, and prohibit the use of land, buildings and structures for any other purpose .... ". The City's Zoning By-Law pursuant to that provision divides the municipality into zones and prohibits, with some limited exceptions, excavation in residentially zoned areas. ... /2 Mayor and Council July 9, 1999 Page 2 The Act goes on in Section 34(3)(h) to enable a municipality to include in its zoning by-law a provision which would: "(h) empower the advisory committee or commission, subject to such terms and conditions as it considers fit, i. to authorize for a temporary period not exceeding one year, a development otherwise prohibited by the by-law, and ii. to require the termination or removal of a development authorized under subparagraph (i) at the end of the authorized period;" Section 40(2)(b) of the City's Zoning By-Law was enacted pursuant to the enabling authority of section 34(3)(h) of the Act and states: "The Committee, subject to such terms and conditions as it considers fit, i. may authorize for a temporary period not exceeding one year, a development otherwise prohibited by this by-law; and ii. shall require the termination or removal of a development authorized under clause (i) at the end of the authorized period." It is noteworthy that section 40(2) of our Zoning By-Law empowers the PAC to authorize for a temporary period a development otherwise prohibited by the Zoning By-Law. It is the duration of the period authorized that is temporary. It is incorrect and gives rise to confusion to speak of the PACs authorizing a "temporary use". ... /3 Mayor and Council July 9, 1999 Page 3 The term "development" in the City's Zoning By -Law has the meaning given to it by the Act. The Act defines "development" to include excavation, the relevant portion reading: S.1 "development means (c) any excavation of sand, gravel, clay, shale, limestone or other deposit for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or (d) the making of land by cutting or felling to a depth in excess of one metre;" [paragraphs (a) and (b) are not germane to this examination) While on can readily appreciate Mr. Prosser's assertion that a commercial excavation operation is more permanent in its result than, for example a seasonal fruit and vegetable stand, an excavation can nonetheless fall within the Act's definition of "development ". Consequently, the PAC may authorize for a temporary period an excavation which constitutes a "development" and which is otherwise prohibited by the Zoning By -Law. In summary: An excavation for purposes of the sale or other commercial use of the material excavated, or resulting in the making of land by cutting or filling to a depth in excess of one metre, is a "development "; all such development, with the exception of commercial limestone quarrying is prohibited in Mayor and Council July 9, 1999 Page 4 every residential zone; but the PAC may by virtue of the operation of section 40(2) of the Zoning By -Law authorize such prohibited development for a temporary period not exceeding one year. In my opinion PAC acts within the jurisdiction conferred upon it by the City when it authorizes for a temporary period not exceeding one year, and subject to any terms it considers fit, an excavation which constitutes a development under the Act and which is prohibited by our Zoning By -Law. Respectfully submitted, John L. Nugent City Solicitor W411 Legal Department John L. Nugent PD. Box 1971. City Solicitor Saint john. w New Brunswick Canada E21, 4L1 July 9, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: M .. Reporting Tel.. 506 658 -2860 Fax: 506 658 - 2802 74 1 City of Saint john During the Common Council meeting of June 28, 1999 one or more members of Council wished to ask questions of the Deputy Police Chief who was in attendance. The Mayor stated that to do so would be improper. As a result I have prepared this correspondence to briefly describe the treatment by the Police Act of the reporting relationship in matters involving the Saint John Police Force. Before doing that, however, I would point out that the Council's Procedural By -Law has stipulated, at least since 1972 in Section 19, that: "Any member of the City Police shall be Sergeant At Arms on call of the Presiding Officer .... ". The day before the current Board of Police Commissioners came into existence it was decided to request of the Hoard upon its creation that: "... the Chief of Police, or his designate, continue to act in the capacity of Sergeant At Arms at Common Council meetings." The Board, I believe, has always acceded to that request. Therefore, to the extent that the Chief of Police or his designate attends at Council's request, it is for the purpose only of fulfilling the functions of Sergeant At Arms. As you know the role of that position is the enforcement of decorum at Council meetings. ... /2 Mayor and Council July 9, 1999 Page 2 Returning directly to the subject of the reporting relationship in matters of policing within the municipality, the Police Act addresses the respective responsibilities and powers of a municipality, board and chief of police. In the City of Saint John the "civic authority" referred to in the Police .Act is the Board of Police Commissioners for the City of Saint John, which was established by resolution of Council in February of 1998. The Act stipulates in s. 7(1.1)(a) that the Board is to: "provide and maintain an adequate police force within the municipality .,.. ". Consistent with that responsibility, the Act empowers the Board to establish the priorities, objectives and policies of the Force [see s. 3.1(2)(a), (b)]. In addition the Board "... shall issue instructions as necessary to the Chief of Police but not to any other member of the police force and the instructions issued shall not be in respect to specific operational decisions or not in respect of the day to day operations of the police force, ...." [s. 3.1(2)(c)], The Act in s. 3.1(3) identifies the responsibilities of the Chief, including the responsibility to: "Lead the police force and oversee the operation of the police force in accordance with this act and the regulations, and the priorities, objectives and policies established by the civic authority under this act, and report directly to the civic authority in respect to the operation of the police force ........ .. / 3 Mayor and Council July 9, 1999 Page 3 As you can see, the Board is responsible for establishing the overall direction of the Force and the Chief reports directly to the Board. If the Chief were to report to Common Council on matters of police services without that arrangement having been approved by the Board, he would be denying the legitimate responsibility and authority of the Board. The same would apply to any subordinate member of the Force. The independence of the Board as provided by the Act must be respected by all concerned. Section 3(1) of the Police Act provides that: "Subject to section 5.2 every municipality shall be responsible for providing and maintaining adequate police services within the municipality." Section 5.2 refcrs to a regional police force and is not relevant in our circumstances. It is my opinion, however, that section 3(1) leaves with every municipality the residual responsibility "... for providing and maintaining adequate police services within the municipality." In that regard it is my view that a council has a. positive responsibility to pursue any question or concern it has related to the issue of the adequacy of the police protection provided by the municipality's police force. Since, however, it is the Board's primary obligation to provide an adequate police force, any communication respecting that issue should be addressed by Common Council directly to the Board and not to the Chief of Police or any other member of the Force. Respectfully submitted, r J John `L. Nugent City Solicitor :cd City of Saint John INTERNAL INSERTION ORDER News . ap?er Insertion Dates (Check as applicable) (SJTG=Saint John Times rr• Telegraph Journal) - SJTG City Information Ad - SJTG Independent. Placement - SJTG Classifieds °' T -J Independent Placement " T -J Classifieds Date(s): Tuesday, September 28, 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) 658 -2862 Public Notice is hereby given that the following by-laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Municipalities if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely.- 1 By-law Number C.P. 100-505 A Law To Amend The July 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1151 Golden Grove Road) 2. A Law To Amend The Municipal Plan By-law August 12, 1999 (amending Schedule 2-A, the Future Land use Plan, and Section 2.4.6.28 of the Plan re 2690 Loch Lomond Road) 3. By-law Number C.P. 100-506 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 2690 Loch Lomond Road) 4. By-law Number C.P. 100-507 A Law To Amend The July 22, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 525 McAllister Drive) 5. By-law Number C.P. 100-508 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 225-227 St. John Street) 6. By-law Number C.P. 100-509 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1111 Churchland Road) 7. By-law Number C.P. 100-510 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 895 Grandview Avenue) 8. By-law Number C.P. 100-511 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 477 Millidge Avenue) 9. By-law Number C.P. 100-512 A Law To Amend The September 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 375 Somerset Street) _-IMENINIMENEEM Office of the Mary L. Munford P.O. Box 1971 506 658-2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4LI September 29, 1999 The Honourable Joan MacAlpine Minister of Municipalities Province of New Brunswick Marysville Place, 3rd Floor 20 McGloin Street Fredericton, N.B. E3A 5T8 Dear Madam Minister: rZ _14111 City of Saint John Pursuant to Section 69(1) (d) of the Community Planning Act, enclosed is a copy of a newspaper advertisement with regard to the filing of by- laws enacted by the Common Council of the City of Saint John. Yours truly, V&y Mary L. Munford Common Clerk MLM/jaf encl. Office of the Mary L. Munford Common Clerk Common Clerk August 17, 1999 P.O. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4LI =7 City of Saint John Mr. Victor Train 2690 Loch Lomond Road Saint John, N.B. E2N 1A7 I Enclosed are copies of amendments to the Municipal Plan and Zoning By-laws with respect to the above property. Pursuant to the provisions of the Community Planning Act, the by-laws were filed in the Registry Office on August 12, 1999 and became effective on that date. Yours truly, Constance Mosher Assistant Common Clerk /jaf encl. cc: Jim Baird, Manager, Community Planning William Edwards, Building Inspector (Section 39 Resolution) N29MAI ff W-60 T 12 1 WTI 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 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 Municipalities is uflicip aht6s and Housing et Habitation a Nouveau Q.- July 26, 1999 Mary Munford, Common Clerk City of Saint John P. O, BOX 1971 Market Square Saint John, N.B. E2L 4L1 Dear Ms. Munford: Please find enclosed one copy of A Law to Amend the Municipal Plan By -law (2690 Loch Lomond Road) for the City of Saint John which was approved by the Minister, pursuant to Section 69 of the Community Plaiming Act. After the Minister's approval, it is necessary under the Community Planning Act, to: (a) file in the Registry Office a certified, true copy of the by -law which has been signed by the Minister; (b) publish in a newspaper which is circulated in your community, a notice indicating: (i) the action taken by the Minister, (ii) the information relative to the filing as described in paragraph (a); (c) send to the Minister a copy of the notice as described in paragraph (b). Please note that the by -laws come into effect as soon as they are filed in the Registry Office. Yours truly, f Bernie Hoganson. Regulations Administrative Officer Land Use Planning Branch Enclosures [ WEL),, (C' CLERKS oFpICE L so 1999 P.0 Box 6000 Cast postale 6000 Frcctericton i'rtdcrictorl New i runswick Nouveau- IiTns,�v ck <: n. la E-313 ill. C lna to 1:3B 5HI RKARMTr aF` ,a 01 1, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- That I am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of "A Law to Amend the Municipal Plan By-law", enacted by the Common Council of the City of Saint John on the twelfth day of July, A.D. 1999. 3. That I have carefully compared the said by-law with the original and the same is a true copy thereof. D A T E D at the City of Saint John on the nineteenth day of July, IN TESTIMONY WHEREOF, 1, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. office of the Common Clerk 4 Mary L. Munford PO. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E2L 41.I The Honourable Joan MacAlpine Minister of Municipalities Province of New Brunswick Marysville Place, 3rd Floor 20 McGloin Street Fredericton, N.B. E3A 5T8 Dear Madam Minister: "T City of Saint John Enclosed are two copies of an amendment to the Municipal Plan By-law of the City of Saint John for your approval under the provisions of the Community Planning Act. Yours truly, Ma & L. un/Ze ry ford Common Clerk MLM/jaf encl. ■ Be it enacted by the City of Saint John in Common Council convened, as The Municipal Plan By-law of the City of Saint John enacted on the twenty-second day of May, A.D. 1973 is amended by: Amending Schedule 2-A, the Future Land Use Plan, and Section 2.4.6.28 of the Plan, by redesignating a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road, also identified as being NBGIC #332437 from Low Density Residential to District Centre Commercial classification, as an Approved Commercial Development - 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 twelfth day of July A.D. 1999 and signed by: Common Cle,4,r� First Reading June 28,1•99 Second Reading June 28, 1999 Third Reading July 12, 11 99 COMMUNITY P LAIC I MUNICIPAL DEVELOPMENT AMENDING SCHEDULE 2 -A THE FUTURE LAND USE PLAN �v�nvz a� n yo , W FROM TO Low Density Residential ; , District Centre Commercial E.. (Approved Commercial development) Applicant: Victor Train Date Drawn: July 2,1999 Location: 2690 Loch Lomond Road Drawn : J. Ellefsen Recommended by P.A.C.: June 22,1999 File Number (s): 07P- 3211E Enacted by Council: 00332437 Approved by Minister: Filed in Registry Office: gel. Be it enacted by the City of Saint John in Common Council convened, as 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 with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (being NBGIC Number 332437), from "RR" One Family Rural Residential to "B-2" General Business classification, pursuant to a resolution adopted by the Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the twelfth day of July, A.D. 1999 and signed by: I V151 4. 1 Tcmffl� MEMO : I - =4 First Reading June 28, 1999 Second Reading June 28, 1999 Third Reading July 12, 1999 COMMUNITY PLANNING REZONING AMENDING MAP SHEET 184 SCHEDULE "A" OF THE ZONING BY-LAW OF THE CITY OF SAINT JOHN V i" i r a fl l J. d� � Y FROM TO RR One Family Rural Residential B -2 General Business Pursuant to a Resolution Under Section 39 of the Community Planning Act Applicant: Victor Train Date tarn.: July 2, 1999 Location: 2690 Loch Lomond Road Drn, By: J. Ellefsen Recommended by P.A.C.: June 22, 1999 File No.: 07P -32NE Enacted by Council. 00332437 Filed in Registry Office: Be it enacted by the City of Saint John in Common Council convened, as The Municipal Plan By-law of the City of Saint John enacted on the twenty-second day of May, 1973 is amended by- Amending Schedule 2-A, the Future Land Use Plan, and Section 2.4.6.28 of the Plan, by redesignating a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road, also identified as being NBGIC #332437 from Low Density Residential • District Centre Commercial classification, as an Approved Commercial Development - 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 AD 1999 and signed by: , the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading June 28, 1991! Second Reading June 28, 1•91 Third Reading 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, AD 1983, is amended by: I Amending Schedule "A", the Zoning Map of the City of Saint John, by re-zoning a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (being NBGIC Number 332437), from "RR" One Family Rural Residential to "B-2" General Business classification, pursuant to a resolution adopted by the Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of Al 1999 and signed by: , t memBer 37 Council who press d at the meeting at which it was enacted; and 7ommon Clerk First Reading June 28, 1999 Second Reading June 28, 1999 Third Reading AND FURTHER that pursuant to Section 99 of the C8nlnlUDitv P|8ODiPQ A[t, the said re- zoning be subject to a condition limiting the use of the property kJasingle-family residence and a car sales lot, not including mechanical Or @UtObOdy repair. Office of the Mary L. Munford Common Clerk Common Clerk 99NEEM Mr. Victor Train 2690 Loch Lomond Ro I Saint John, NB E2N 1A7 Dear Sir: P.O. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4LI €' City of Saint John At a meeting of the Common Council, held on July 12, 1999, the following resolutions were adopted, namely:- "RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-law", by redesignating on Schedule 2-A and Section 2.4.6.28, a parcel of land with an area of approximately 8 acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC Number 332437), from Low Density Residential to District Centre Commercial classification as an Approved Commercial Development, be read a third time and enacted and the Corporate Common Seal be affixed thereto." I 17-ITIE "RESOLVED that the by-law entitled, :By-law Number C.P. 100-506 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately 8 acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (NBGIC Number 332437), from "RR" One Family Rural Residential to "13-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property to a single-family residence and a car sales lot, not including mechanical or autobody repair. It is now necessary to follow the procedure under the Community Planning Act to obtain approval for the change in the Municipal Plan from the I_I*IT#lWT*IIJ 10141 0 1 ItO k7i [01 ILI I 111111210131 Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held on Monday, June 28, 1999 at 7:00 p.m., by: Redesignating on Schedule 2A and Section 2.4.6.28 of the Municipal Development Plan a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road, also identified as being NBGIC #332437 from Low Density Residential to District Centre Commercial as an Approved Commercial Development. arm lizirrair; I'll 11111111;i� I! I � I I I I! I I I I I I I I ; I I I I I I I I � I �11M; III REASON FOR CHANGE: To allow the continued use of the subject property as a car sales lot. 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 amendment may be sent to the undersigned at City Hall. 411 XI IL Newspaper Insertion Dates (Check as applicable) (SJTC,—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 1, 1999 Tuesday, June 22, 1999 Date(s): Date(s): Date(s),: Date(s): Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Con neon Clerk Contact: I Telephone: (506) 658-2862 office of the Mary L. Munford Common Clerk Common Clerk May 21, 1999 Mr. Victor Train 2690 Loch Lomond Road Saint John, NB E2N 1A7 Dear Sir: P.O. Box 1971 506 658-2862 Saint John New Brunswick Canada ER 4LI At a meeting of the Common Council, held on the 17th instant, the following resolution was adopted, namely:- " RESOLVED that the application of Victor Train for a Municipal Plan amendment and re-zoning of property located at 2690 Loch Lomond Road at 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 28,1999, at 7:00 o'clock p.m. Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. dunford Common Clerk MLM:sc Enc City of Saint John Office of the Common Clerk May 14, 1999 Mary L. Munford P.O. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E21, 41A Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John Saint John, NB Your Worship and Councillors: cc *` ) City of Saint John Following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the attached application of Victor Train for a Municipal Plan amendment and re-zoning of property located at 2690 Loch Lomond Road. No written objections have been received in this regard, with letters in support received from Paul and Karen Vandenbroeck and Wendy Gaudet, Council, it it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning, schedule a public hearing for Monday, June 28, 1999, at 7:00 o'clock p.m., and request the views of the Planning Advisory Committee. Yours truly, I` Z Mary L. Munford Common Clerk attachment March 8th 1999 To when it may concern, We are writing this letter to give our support to the family owned business of Lakewood Auto Sales at 2690 Lochloniond Rd. In Oct. of 98 we ptirchased a vehicle from Mr. and Mrs. Train and were very pleased with the service we received there. It was so nice to do business in our own community. We have known Cyndi and Victor Train and their family for several years and find them and their business to be an asset to the Lakewood Community. It is our hope that they may be able to continue to operate Lakewood Auto Sales at their present site . Thank you Sincerely Paul and Karen Vandenbroeck HRORM D X, Iv APR 301 199� h in 0 m V, L) CI I La L 4 U Saint John City Council Saint John, NB To Whom It May Concern, I would like to take this time to express my opinion regarding "Lakewood Auto" on Loch Lomond Rd. My husband and I are not only clients of Lakewood Auto, but we are also neighbours to them. We too reside on Loch Lomond Rd. (for the past twelve years) and I have absolutely no qualms with the owner of Lakewood Auto working from his home address. His lot is clean and well maintained. He has clear professional signage and a separate office environment. My husband and I were so impressed with the service and the vehicle we purchased the first time that we did not hesitate to do business with them again two and a half years later. I would like to take this opportunity on behalf of my husband and myself to petition in favour of Lakewood Auto remaining at the address it is at today, If you wish to contact me with any questions regarding the above information, please do so at my home phone 696-8959 or my work phone 633-1312, 61EM Saint John, NB 01111 Ell PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2690 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would amend Schedule 2A and Section 2.4,6.28 of the Plan, by redesignating the following property from Low Density Residential to District Centre Commercial as an Approved Commercial Development: A parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road, also identified as being NBG1C #332437. REASON FOR CHANGE: To permit rezoning of the subject property to allow its continued use as a car sales lot. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 12, 1999 in the Council Chamber, Lobby Level, City Hall. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 12, 1999. Enquiries may be made at the office of the Common Clerk or 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 Fridby, inclusive, holidays excepted. Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T-J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, March 30, 1999 ETG Independent Placement Date(s): ETG Classifieds Date(s): T-J Independent Placement Date(s): T-J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: Tender(s) 0 Proposals(s) X Public Notice(s) Mayors Message C3 General Notice(s) Application for a Municipal Plan and Zoning By-law Amendment Applicant Related Information I � Name of Applicant Mailing Address of Applicant.—, - --- Postal Code Telephone Number Home �t- -1 7 7 ---Rusiness Fax Number (if any) �w Name of Property Owner (if different) Mailing Address of Owner 0 Postal Code Property Information J. Location- Civic'" Street NBGIC9 Lot Area 7 Existing Use of Property ft Street Frontage 61 k"11 , Present Municipal Plan Land Use Designation 4 1 Present Zoning.. Amendments Requested Municipal Plan M-Change Land Use Designation to 0 0 and/or El Text Amendment (indicate particulars on an attachment) Zoning By-law 91-6anoe Zonin- to and/or 0 Text Amendment (indicate particulars on an attachment) Description of Proposal e,t,4 You must provide a scaled site plan that illustrates your proposal, Yogi may also provide photographs, building plans, elevation drawings and any other form of information. The site 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 bemven the property boundary and buildings are shown. Provide reasons why these amendments should be approved 44'2-c— lei V IV - Provide any other information about your proposal that would be helpful LI AIII-Vc ell, Signature of Applicant Date CO M-S4-06 Application Fee Enclosed Ifyou are not the owner of the land in question please have the owner sign below. The signature of the owner authori:ing this application to proceed is required for consideration by Common Council, Signature of Owner (if applicable) 66 ft Loch Lomond Road :e 70 ft Loch Lomond Roid Note: shading denotes paving PORI. K� 1W Mayor and Common Council City of Seim John % Loch Lomond Road I wish to express my support for my friends and neighbours, Victor and Cynthia Train, their continued use of their property 91 Loch Lomond Road. During +. •a prop" has been used as _ used car sales •' have visited a property and understand their future needs which include a larger sign (JV x 6). The property is an asset to my neighbourhood. I I am especiany appreciative of the fact that my neighbours vAll only be selling used cars at this location and all mechanical work, repairs and body shop getiviVes will be done by sthers at a different location. !f _ -! _ to r- • r,r lap f r 66 ft Loch Lomond Road E9.11MI 265 ft 70 ft 1� � 1 1 1 � Saint John City Council Saint John, NB �$ U, To Whom It May Concern, I would like to take this time to express my opinion regarding "Lakewood Auto" on Loch Lomond Rd. My husband and I are not only clients of Lakewood Auto, but we are also neighbours to them. We too reside on Loch Lomond Rd. (for the past twelve years) and I have absolutely no qualms with the owner of Lakewood Auto working from his home address. Ifis lot is clean and well maintained. He has clear professional signage and a separate office environment. MY husband and I were so impressed with the service and the vehicle we purchased the first time that we did not hesitate to do business with them again two and a half years later. I would like to take this opportunity on behalf of my husband and myself to petition in favour of Lakewood Auto remaining at the address it is at today. If you wish to contact me with any questions regarding the above information, please do so at my home phone 696-8959 or my work- phone 633-1312, Sincerely, - 141 1 I-Vkal 1-U11101ju JLQ. Saint John, NB E2N IAI ROOM 436-N, Centre BIOCK HOuge Of COMeMQn3 Ottawa, Oclaft KIA OA6 Ph: (613)947-467i Fax: (8(3) 947-4574 P,66e 436-N. to. Contra Chambro des ccmrnunes Ottawa (Ontario) KIA GA6 T61., (613) 947-4571 T616c : (613) 947-4574 efi March 9, 1999 Mr. Brian Cunningham, Chair Planning Advisory Commission City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4L I Dear Mr, Cunningham-. I am pleased to write in support of Mr. Victor Train's application for Victor Train & Sons Auto Sales at 2690 Loch Lomond Road. Mr. Train is applying for a permit to use a residential area for commercial purposes. Mr. Train has operated his business for the last nine and a half years and has run a clean quite and professional operation. He has worked hard to make his business what it is today and should be given the opportunity to continue to operate. Saint John needs more individuals who are willing to make our City a better place, He and his wife have both been active in the community. They are involved in cubs, scouts and hockey, Mrs. Train is President of Lakewood Home and School Association. Mr, Train has applied for a permit to operate on Loch Lomond Road and, for the reasons stated above, I wish to add my support to his request. Sincerely, Elsie E. Wayne, NIP Deputy Leader, Progressive Conservative Patly of Canada Chef adjointe, Parti Progressiste-conservateur du Canada 36 King Street Saint John, NB E24 103 Ph: (506) 6365-5177 Fax: (506) 536-5190 36, rue Kng Saint John. (N.B.) E2L IG3 TAI.; (506) 636-5177 T616c,: (506) 636 -6190 4 Thank Sincerely City of Saint John Re: Rezoning 02960 Loch Lomond Road I wish to express my support for my friends and neighboum, Victor and Cynthia Train, in their continued use c(their property at 2690 Loch Lomond Road. R property has been used as a used car sales lot and I have visited the . property and understand their future needs which �nclude a larger sign (4 x 6'). The property is an asset to m neighbourhood. I am ! _ _:• • _ of _ • • i R: _ • r i this location and all mechanical work, repairs and body shop activities Will be done by others at a different location, MY support - • - _ of • • • -° • - f • ! - • ,t • - *." m* Name 66 ft Loch Lomond load MM 254 ft hw Note: shading denotes paving March 12, 1999 To Whom It May Concern: RE: Lakewood Auto Sales Ltd. I am writing this letter in support of the Victor Train family business, Lakewood Auto Sales Ltd., located at 2690 Loch Lomond Road, Saint John, New Brunswick. I fully support those who own and operate a small business. I recognize that Lakewood Auto Sales Ltd. is located in a mainly residential area, however, this particular business does not create any disturbance to the residents of the community. The Train family has ensured that signage is appropriate and the display of vehicles is unobtrusive. I have not noticed traffic problems of any kind in the area. Sincerely, Danny & Catherine Mott 3010 Loch Lomond Road cc Victor Train cJm Re. Rezoning Of 2M Loch Lomond Road Vkfor and rF&tn I wish to express my support for my friends and neighbours, Victor and Cynthia Train, the,ir continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been «. as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (4'x 6') The property is an asset to my neighbourhood. - • *e 6tmj w6,;j! ihis locaWn and all mechanical vvork, . w` activities will be done by others at a different location, establishment of Name - Signature } 66 ft Loch Lomond Road M-1 250 ft 265 ft 70 ft 1� I � Note: shading denotes paving WOMMi Coity of Saint John RO: Rezoning of 2M Loch Lomond Rosa :,. I wish to express my su.•r for my friends . neighbours, their continued use of their property at 2690 Loch Lomond Road. During 1998, the prop" has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (41! x 6), The property asset fl. neighbourhood. d _. selling used _ his location • 3mechanical . _ e . • raw h. • activities others different I fully support their request to ha r-Qr,!IM-W } .., t Name Signature Location Residence - 66 ft Loch Lomond Road 80 ft NISM bw I� 1 1 �.I. s X 1117, M . 74T M City of R*.- Rozoning of f Loch Lomond Ro&d I wish to express sar for their contnued use of their property at 2690 Loch Lomond Road. During I G", the property has been used as a used car sales lot and I have visited the property and understand - r include a larger • asset to my neighbourhood. r _ ► - r s • _r= _ r r r • 'l support their reQuest to h • •r- s r r • r • - • r • y ' 66 ft Loch Lomond Road ►1 250 it bw CRY of V Loch Lomond Rooct I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. E)uring 19W, the property has been used 113 a used car sales lot and I have visited the property and understand needs which include a larger sign (4'x 6), The property is an to my neighbourhood. others I am especially appreciative of the fact that my neighbours will only be selling uW cars a, this location and all mechanical Ymrk, rsPairs and body shop activities vAll be done by different location. P /� 66 ft Loch Lomond Road 1 265 ft. ?a ft I� 1 11.1 Note: shading denotes paving IMMEa \ ZIT Wt W-711 rOAMM-7 P MITT City of Saint John RO: Rezoning of 2W Loch LomndRoad I wish to express my support for my friends and .arcontinued use £ » heir property »� !! o- Lomond \ Cynthia Road, property ha3 been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (4x 6'). The property is an asset to my neighbourhood. i vwjni this location and all mechanical work, repairs and body shop activities will be done by ithers at a different location, I fully support their request to have th Qr-0!jj-k./, Cft7ATC_-i, L& Name .0 / Signature � 66 ft Loch Lomond Road MOMI Nate: shading denotes paving I r . RO: R*zOnIng of 20W Loch continued Vkkw and Cl"ghle Train I wish to express my supporl for my friends and neghbours, Victor and Cynthia Train, in their of property r ch Lomond Road, During 1998, the property has been used as a used car sales lot • I have visited the property and understand their future needs which include a larger sign (W x 6-'), The property is an asset to my neighbourhood. I am especially appreciative of the fact that M M ■ i i r I fully support their re2uest to have the ro AALEMATA-f Location of Residence ..�,.. 66 ft Loch Lomond Road i 265 ft ..�- 74 ft Note: shading denotes paving Am"I c Date L L'I Ie r. rT • • a City of Rezoning of 2000 Loch Lomond Road Vktor and CynWe Train I wish to express my support for my friends and neighbours, Victor and Cynthia Train, their continued use of their property at 2690 Loch Lomond Road. During 1998, property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (W x 6'), The property is an asset to my neighbourhood. I I am especially appreciative of the fact that my neighbours will only be selling used cars this location af all • repairs and body shop activities will be done by others at a different location, I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales lot. Name N 66 ft Loch Lomond Road I I— HUM 265 ft M Nw Note: shading denotes paving City of Saint • ,. RO.- Rezoning 02900 Loch Lomond Road I wish to express my support for my friends and neighbours, Victor and Cynthia Train, their continued use of their property at 2690 Loch Lomond Road. During 19N, the property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (4 x 6). The property is an asset to my neighbourhood. I I am e"clally appreciative of the fact that my neighbours *11 only be selling used care at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. -stablishment of this used car sales lot. Name Signature Location of 1 Residence 66 ft Loch Lomond Road M-1 265 ft I Garage 3 0 x 40 VM Note: shading denotes paving Date * MIA ��.. JRO.' ROZOnIng Of 2900 Loch LOM*nd Road Vkfor and CynthM Train I wish to express mY support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I havevisited the property and understand _. needs include prop" others asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars ai this location and all mechanical vmrk, repairs and body shop activities will be done by different location, <i i _ - / - —2La� 66 ft Loch Lomond Road Ma am Note: shading denotes paving Mayor and Cr City of John isfor, —7117724 I wish to express my support for my friends and neighbours, Victor and Cynthia Train, iheir continued use of their property at 2690 Loch Lomond Road. During 1998, property has been used as a used car sales lot and I have visfted the property and understand their future needs which include a larger sign (41 x 6). The property is an asset to my neighbourhood. others this location and all mechanical work, repairs and body shop activities will be done jb; different location. establishment r' this used car sales lot. Signature )" /y, 66 ft Loch Lomond Road M 265 ft MKM-� 70 ft Note: shading denotes paving MZ ,w MOO, .Tiayor and Common Ofty of Saint John Re- Rozoning of r Road Ykfor l wish to express .,. for neighbours, visited their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have the property s • _ ♦ their future needs especially asset to my neighbourhood. I am »• of X •r • i s this location and all mechanical work, repairs and body shop activities MI be done by I fully support their re uest to have &M gr-O We7 _ - a • ! 1 0 > ! ii Name ' 7 Signature 66 ft Lech Lomond. Read III Nw Nate; shading denotes paving M. f Re: Rezoning, of e Lomond Victor end Cynthia Train I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road, During 1998, the property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (W x 6). The property is an asset to my neighbourhood. W-." TIME cars III this locatkm and all mechanical work, of f b!• ",•♦ activities will be done by others different locatloT. 66 ft Loch Lomond Road Basketball I\ -7 Children's Sikes House 28 x 42 Kennel and Run M 70 ft Note: shading denotes paving fjjUF- .: ,. a..., '... i City of s. '? r of 29#0 Loch During Vkfor and CyniWla Train I wish to express my support for my friends and neighbours, Victor and Cynthia Train, their continued use of their property at 2690 Loch Lomond Road. ' prop" _ been used as lot and I have visited the property and understand • c, a s which include a larger asset • my neighbourhood. I am especially appreciative of the fact that a!��Zj d6N 4 • - • work, body ! shop _ _ ithers at a different locatiol. I fully support their re ues to hag tl�-- pro • r ' i KIN Mr-7,217"M 66 ft Loch Lomond Road 250 ft 265 ft 70 ft Note; shading denotes paving r • City of Re: Rezoning of a Loch Lomond Roact I MOr and Cynthia Train, in their continued use of their property at 2690 Loch Lornond Road. During 1998, the visited Property has been used as a used car sales lot and I have the prop" and understand their future needs which include a larger sign (4 x IV). The property is an asset to my neiglhbour-hood. my neighbours mll only be selling this used care location a• all rnechanical Ymrk, repairs r. - body shop MI be done b, others different location. activities Nam e e 4k-- Sig cure Location of Residence 66 ft Loch Lomond Road M 250 ft 265 ft bw M I �1�1 Note- shading denotes paving • f # f City of Saint John Rezoning Vk tor and CywWs Train I wish to express my support for my friends " neighbours, Victor and Cynthia Train, their continued use of their property at 2690 Loch Lomond Rood. During 1998, the property has been used as a used car sales M and I have visited the property and understand their future needs which include a larger sign (W x 6). The property i's an asset to my neighbourhood. urs WIR only be selling used cars—all; this location and all mechanical vmrk, repairs and body shop activities will be done by others different location. Signature LIEUM s _ 66 ft Loch Lomond Road Ma 250 ft 265 ft bm 1� 1 1 I� Note: shading denotes paving Date r s ! YAAMT4 LIO I Zi • MW of jR*: Rozoning of 2960 Loch Lomond Ro" Mfor and CyWhIs TWO; I I wish to express my support for my friends and neighbours, Victor and Cynthia Train, their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (W x 6) The property is an asset to m neighbourhood. I am especially appreciativ this location and all mechanical work, repairs and body shop activities YAII be done by others at a different location. I I fully support their request to have the property rezoned to permft the permanent r.�Lztablishrnent of this used car sales lot. Signature Location of n r Residence - _. 66 f Loch Lomond Road 1 _V 250 ft 265 ft 70 ft Note: shading denotes paving -4 IWM. City of Saint John "' t Road support Vkf or and CyMN& Train I wish to express my for ,. and neighbours, Victor and Cynthia Train, in their continued use of their property at .''i Loch Lomond 'v • / 9' property has been used as a used car sales lot and I have visited the property and understand their future needs which include a During larger f » The property asset to my neighbouthood. I am especially appreciative of the fact that m nei hb a . r' it � f • ` .- •= sr y r A r , , f_ : I fully support their reguest to have tft7g 1, U.Ir f � Signature Al } _ 66 ft Loch Lomond Road 250 ft. 265 ft Garage 30 x 40 70 ft Note; shading denotes paving Planning Advisory Committ City of Saint John P.O. Box 1971 Saint John, NB, E2L 41-1 "U, 5 March 1999 To Whom it mayconcern, Re- Rezoning of 2690 Loch Lomond Road for use as a car sales lot In short, we have no objection to 2690 being rezoned to allow Mr. Train to operate his car sales lot in the community. 6-ROMM Harold V. Dallon /��� M y t( le E. Callon 041093991MMISM Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By-law of the City of Saint John enacted on the twenty-second day of May, 1973 is amended by: 1. Amending Schedule 2-A, the Future Land Use Plan and Section 2.4.6.28, by redesignating a parcel of land with an area of approximately eight acres, having 66 feet of frontage along Loch Lomond Road and widening to a width of 366 feet, located at 2690 Loch Lomond Road (being NBGIC Number 332437) from Low Density Residential to District Centre Commercial classification, as an Approved Commercial Development 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 Coitmov Cler�, 0 Me 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 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 • the City • Saint John, by re- zoning a parcel of land with an area of approximately eight acres, having •• feet • frontage along Loch Lomond Road and widening to a width • 366 feet, located at 2690 Loch Lomond Road (being NBGIC Number 332437), from "RR" One Family Rural Residential to "B-2" General Business classification 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 ommon Cler�, First Reading Third Reading Planning ,. Advisory Committee IV June 24, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Bfunsw cl{ Canada E2L, 4L 1 * SUBJECT: Municipal Plan Amendment and Rezoning Application City of Saint John 2690 Loch Lomond Road On May 17, 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 .Tune 22, 1999 meeting. Mr. Victor Train appeared at the meeting in support of the application. In addition, Mr. Bruce VanWart appeared in support of the application. The Committee received 32 letters in support of the application (see attached). No one opposed the application. The Committee considered staff's report and adopted an amended recommendation to support the application along with Section 39 conditions limiting the permitted use to the applicant's proposal, as listed below. That Common Council amend the Municipal Development Plan by re- designating on Schedule 2A and Section 2,4.5.28 of the Municipal Development Plan, a parcel of land with an area of approximately eight acres, having 55 feet of frontage along Loch Lomond Road and widening to a width of 365 feet, located at 2590 Loch Lomond Road, also identified as being NBGIC 4332437, from Low Density Residential to District Centre Commercial as an Approved Commercial Development. 2. Rezoning the same parcel of land from "RR" One Family Rural Residential to "13-2" General Business, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a single family residence and a car sales lot, not including mechanical or autobody repair. Respectfully submitted, rJ �. E'f... ,. (G. A.) Sandy Roberts n Vice - Chairman —' CL/ Attachments --NEERIBMEMELUM Community Jim Baird MCIP P.O. Box 1971 506 658-2835 Planning Manager Saint John 506 658-2837 (Fax) New Brunswick Canada E21, 4LI DATE: JUNE 18, 1999 r TO: PLANNING ADVISORY COMMITTEE FROM- COMMUNITY PLANNING FOR: MEETING OF JUNE 22, 1999 City of Saint John is L urtis angi e Planning Officer aw-1yjW Name of Applicant: Victor Train Name of Owner: Victor and Cynthia Train Location: 2690 Loch Lomond Road NBGIC: 332437 Municipal Plan: Existing: Low Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RR" One Family Rural Residential Proposed: "B-2" General Business Proposal: To allow the continued use as a car sales lot. Type of Application: Municipal Plan Amendment and Rezoning I Victor Train Page: 2 2690 Loch Lomond Road Date. June 18, 1999 That the proposed amendments to the Municipal Plan and Zoning By -law, be denied. On July 15, 1997 the Planning Advisory Committee considered an application for a Municipal Plan Amendment and Rezoning of the property at 2690 Loch Lomond Road, to allow for the continuation of a used car sales business. The applicant /owner of the property has been operating the illegal operation for a number of years. The Committee recommended to Council that the application be denied. Common Council held a public hearing on July 21, 1997 and the application was denied. On November 24, 1997 Mr. Victor Train applied to the Planning Advisory Committee to permit for a temporary period of up to one year, a commercial operation for a used car sales lot at 2745 Loch Lomond Road (near and across the road from his original proposal). It was the applicant's intent to move his operation from his current address to that site which he also owns. This application was to be considered by the Committee at its January 27, 1998 meeting however; the applicant withdrew this application. The Planning Advisory Committee at its February 10, 1998 meeting considered a proposal from Mr. Victor Train to permit the continued operation of a car sales lot at 2690 Loch Lomond Road for a temporary period of up to one year. The Committee approved the use for a temporary period not exceeding one year, commencing February 10, 1998 and that the following conditions be imposed: • The hours of operation are limited to Monday through Saturday, 8:00 a.m. to 9.00 p.m.; • A maximum of 20 vehicles are to be displayed for sale on the site; and • No signage, other than what is already present on the property, shall be permitted to advertise the use of a car sales lot. A property at 205 -207 Loch Lomond Road (near intersection with McDonald Street) was recently rezoned to "B -2" General Business to permit a car sales lot. Victor Train now owns this property but has not established a car sales lot at this Victor Train. Page: 3 2690 Loch Lomond Road Date: June 18, 1999 location. He has indicated that he would prefer to continue his business at 2690 Loch Lomond Road. • , t # Engineering has no objection to the continued operation of a car sales lot from the subject property. Building and Technical Services has no objections to the rezoning of the subject property. ANALYSIS: Proposal The Planning Advisory Committee had granted temporary approval to allow for a car sales lot to operate for a period of no more than one year which expired on February 10, 1999. The applicant is requesting to rezone the property to "B -2" General Business to permit the continued operation of a car sales lot from his place of residence. Site and Neighbourhood The subject property is zoned "RR" One Family Rural Residential and is located on the south side of Loch Lomond Road approximately 420 feet east of Lakewood School. The property has a width of 66 feet at the street for a depth of 250 feet and then widens to 366 feet and extends to Little River. It has an area of approximately seven acres and contains a two storey one family dwelling set back approximately 500 feet from Loch Lomond Road. A small shed and a garage are also located on the property. The garage measures approximately 40 feet by 18 feet. The Committee granted a variance in 1993 to allow the garage to be constructed having a height of 17.25 feet on condition that the building is not to be used for commercial purposes and that the existing transport trailers and the truck box be removed from the site. This has been done. The vehicles for sale are displayed near Loch Lomond Road on the portion of the site that is 66 feet in width. The driveway to the residential home on the lot is paved with asphalt with the automobiles placed off to the side on either side of the driveway. The number of vehicles for sale varies, ranging between 5 to 20 vehicles. The nearby area consists of one family dwellings on relatively large lots along Loch Lomond Road. The land on both sides of the subject property is vacant. There is tree cover to the west and south and further to the east. Victor Train page. 4 2690 Loch Lomond Road Date. June 18, 1999 Municipal Flan The subject property, like the surrounding area, is currently designated Low Density Residential by the Municipal Development Plan. The property is zoned "RR" One Family Rural Residential as a result of an amendment to the Zoning By -law in 1989 to permit the property to be subdivided into two lots plus a remainder parcel to be accessed via new street construction. This subdivision and new street were not developed. The applicant has requested that the subject site be redesignated on Schedule 2A of the Municipal Development Plan, from Low .Density Residential to District Centre Commercial, as an Approved Commercial .,Development. Non - residential development can occur if it is appropriate to the future residential development of the area. Examples of appropriate non - residential uses are neighbourhood commercial facilities (convenience stores), small clinics, nursing homes and institutional uses such as churches and schools. The Plan excludes from residential areas, those uses that are not compatible with residential areas. Factors such as the local service being provided, traffic, environmental impacts and visual impacts are considered. .Although the existing car sales has been relatively non - disruptive to the general area, it is not a local service and depending on size, intensity and method of operation, it could have a negative impact on residential area. This type of use is generally not considered compatible in a residential neighbourhood. This type of business is appropriate for commercial areas such as Rothesay Avenue and Fairville Boulevard. The newly developed car sales site on Loch Lomond Road opposite Champlain Heights Irving, is an example of an appropriately developing commercial area. Although the subject property is kept neat and clean, the Plan does not envision commercial business of this type at this location. Environmentally, a car sales lot is not significant but in many cases, can lead to auto repair service. This is environmentally significant, especially in an area dependent on ground water. On its own, this particular business has operated to the scale and quality exhibited to date that would have a minimal impact on the surrounding residential neighbourhood. However, there are also other non - residential illegal operations located along Loch Lomond Road that are currently in the enforcement process. The proliferation of these non - residential uses in a predominately residential neighbourhood will result in a loss of "quality of life" in these residential areas should these uses be permitted to continue and proliferate. From a policy perspective, the proposed application cannot be supported. Victor Train Page: 5 2690 Loch Lomond Road Date: June 18, 1999 Zoning Standards The majority of vehicles for sale are located near Loch Lomond Road. These vehicles are displayed at an angle to the driveway and leave little space for manoeuvring. The driveway is not developed for two-way access which is required for any commercial operation. The applicant has erected a small sign on the property requesting customers to not back onto Loch Lomond Road but drive down to the dwelling where a turn-around area is available. The display area for the vehicles in a "B-2" zone are required to be set back 2 metres (6.5 feet) from the front property line. The vehicles are located very near, if not within the street right-of-way. The display area for the vehicles is not conducive for a commercial operation. The proposed amendment to the Municipal Plan and rezoning of the site to "B-2" General Business to accommodate a used car sales lot is not appropriate in a residential neighbourhood, including a suburban residential area. On its own, the operation of a used car sales lot at this location may not have a substantial impact on the residential character of the neighbourhood. If approved, this and other non-residential developments will, over time result in a reduction to the residential character of the neighbourhood. Approval of the application is not recommended, COMMUNITY PLANNING wo 265 ft "I 46M 0110-nY\'%na Paul5)O(o k1B E L March 12, 1999 06M m +4 To Whom It May Concern: RE: Lakewood Auto Sales Ltd. I am writing this letter in support of the Victor Train family business, Lakewood Auto Sales Ltd., located at 2690 Loch Lomond Road, Saint John, New Brunswick. 1 fully support those who own and operate a small business. I recognize that Lakewood Auto Sales Ltd. is located in a mainly residential area, however, this particular business does not create any disturbance to the residents of the community. The Train family has ensured that signage is appropriate and the display of vehicles is unobtrusive. I have not noticed traffic problems of any kind in the area. Sincerely, cc Victor Train Cj m Mh* kd -Sb(d LIMM'kil?1e I nr "t 0. t A EaL 4U Saint John City Council Saint John, NB March 8, 1999 To Whom It May Concern, I would like to take this time to express my opinion regarding "Lakewood Auto" on Loch Lomond Rd. My husband and I are not only clients of Lakewood Auto, but we are also neighbours, to them. We too reside on Loch Lomond Rd. (for the past twelve years) and I have absolutely no qualms with the owner of Lakewood Auto working from his home address. His lot is clean and well maintained. He has clear professional signage and a separate office environment. My husband and I were so impressed with the service and the vehicle we purchased the first time that we did not hesitate to do business with them again two and a half years later. I would like to take this opportunity on behalf of my husband and myself to petition in favour of Lakewood Auto remaining at the address it is at today. If you wish to contact me with any questions regarding the above information, please do so at my home phone 696-8959 or my work phone 633-1312. Sincerely, 2181 Loch Lomond Rd. Saint John, NB E2N lAl 1P 1-114, PIN M. fVD APP 20 1999 Minister Ministre Economic Development Ef6veloppenflent econonli(ILIC and Tourism et TOUrisme April 18, 1999 New Nouvea!LLI�"' Brunswiek 1W Brian Cunningham, Chair Planning Advisory Commission City of Saint John P. 0. Box 1971 Saint John, N.B. E21, 4LI Dear M. Cunningham: I am writing this letter in support of the Victor Train family business, Lakewood Auto Sales Ltd., located at 2690 Loch Lomond Road, Saint John, N.B. I fully support those who own and operate a small business. Small business is the backbone of the economy in New Brunswick. I recognize that Lakewood Auto Sales Ltd. is located in mainly a residential area, however, it does not seem to create any concerns to the residents of the community. Mr. Train has operated this business for the last nine and a half years and has run a clean, quiet and professional operation. The family is very involved in the community. In fact, Mrs. Train is President of the Lakewood Home & School Association. Mr. Train has applied for a pert-nit to operate on Loch Lomond Road and I wish to add my support to his request. Yours truly, RoJ9,44acIntyre I Mk"M M TV 1.17e IcP flo flu 11.0. Box 6 000 Case postaic 6000 (506) 453-3W) Fredericton Fredericton Nxf['06copicur Ncw BrUlISWiCk- Nouveau-Brunswick (506) -157-498-f Canada E'313 5111 Canada E3B 5111 To whom it may concern, We are writing this letter to give our support to the family owned business of Lakewood Auto Sales at 2690 Lochlomond Rd. In Oct. of 98 we purchased a vehicle from Mr. and Mrs. Train and were very pleased with the service we received there. It was so nice to do business in our own community. We have known Cyndi and Victor Train and their family for several years and find them and their business to be an asset to the Lakewood Community. It is our hope that they may be able to continue to operate Lakewood Auto Sales at their present site . Thank you Sincerely Paul and Karen Vandenbroeck 0 APR 30 199) ,.i M 10wa IN4 Planning Advisory Committee City of Saint John P P.O. Box 1971 A 00 �r ev 4 t Saint John, NB, E2L 41-1 30 Harold and Myrtle Gallon APR i�'-? 2660 Loch Lomond Road Saint John, NB, E2N 1 A7 A!) 5 March 1999 To Whom it malconcern; ! -6 le: Rezoning of 2690 Loch Lomond Road for use as a car sales lot This letter is in support of Mr. Victor Train being allowed to operate a car sales lot on his property at 2690 Loch Lomond Road. The Train family and associated business have been our neighbors since moving into the community several years ago. During this time we have never had occasion to object to the operation of Mr. Trains business. In fact, our family has purchased two vehicles through Mr. Train and are extremely satisfied with the quality of the vehicles and the manner in which our business was transacted - quickly and efficiently - without a fleet of sales people and cluttered, high pressure showroom, sales, and service distractions. Mr. Train and his family have been actively involved in the community, contributing to both Scouting and the Lakewood School, while being good neighbors and committing random acts of kindness such as offering the use of his personal truck should it be needed or stopping to plow the driveway of a senior citizen after a snow storm. As a local entrepreneur, Mr. Train is always mindful of his neighbors and how his business may effect them. Consequently it must be noted that: - the Train property is always well kept and maintained. It is NOT a public eyesore, consisting of rusted and abandoned vehicles waiting for scavengers to pry off a part as needed. The professional appearance of orderly displayed vehicles parked neatly in the driveway does not detract from one's property value. - there is ample space for potential buyers to pull into the paved display lot to view the vehicles for sale. The passage of traffic is NOT impeded due to cars being stopped and parked on the shoulder of the road while the driver looks at something different. - there has never been a problem with noise such as racing motors, squealing tires, or shop noise from body work being performed or compressors rattling throughout backyard paint jobs. - there are no known incidents of gas and oil being spilled or dumped on or around the property. Mr. Train is a conscientious homeowner with a young family and several pets which he is very protective of. Mr. Train also does not wish to depreciate the future sale value of this property should he decide to sell it in the future. - finally - since this car sales lot is located in the middle of a residential area, it is important to note that there has never been a problem with late night car browsers or associated acts of vandalism. The close proximity of Mr. Trains house serves as a deterrent to the idle curious which may otherwise cause a problem. The presence of Mr. Train's guard dogs, which are meticulously maintained in an on site kennel also offer reassurance to nearby neighbors as they would bark to alert someone to the presence of a trespasser in the nearby woods or field. In short, we have no objection to 2690 being rezoned to allow Mr. Train to operate his car sales lot in the community. Sincerely, 11 " Harold V. Dallon M rtle E. Dallon cc - Mr. Victor Train April 28, 1998 Planning Advisory Con- Lmittee City of Saint John F. O. Box 1971 Saint John, N. B. E21- 41-1 Re: LAKEWOOD AUTO SALES - Victor & Cindy Train To Whom it May Concern: As a resident of the Lakewood area for the past twenty two years, 1 would like to express my opinion concerning the above mentioned property. I have absolutely no reservations in recommending that Lakewood Auto Sales be given the right to continue business on the Loch Lomond Road. The property is always neat and clean, unlike some -of the other small businesses along this road. I recently purchased a car from Lakewood Auto Sales and was very satisfied with their service. 1 believe in this day and age that if a small business can operate profitably, they should be commended. It is really sad to see the number -of young people in this area leaving to find work, not to mention the older men who have lost their jobs. if more small businesses were allowed to operate, maybe we could keep some of these people at home. in closing, I sincerely hope that the decision is made in Victor and Cindy's favour, and hope to see their business operating for many year to come. 'Thank You. Yours truly, Donna LiZotte 286 Morrison Road Saint John, N. B. E2N 1G9 iQ �� •U may s To whom it may Concern; ! s!i! 11 Jay lggg JD toil" . C;�� 6;Ady f+ - C53ci K Lorryondvd aL vIr :To n Hoc�, i -i , i qqq �2._C' � 06/17/1999 10:25 5066967950 planning and Advisory Committee, planning Department, P.0 Box 1971, E2L-4LI, Attention. Committee Members RF-- Zoning Lakewood Auto Sales, MIKE TODD PAGE 01 A ti A"v )p I am writing this letter to give my full support to Victor and Cindy Train in regard to their application for rezoning of "Lakewood Auto Sales". This particular business hass}iips operated in our community for a number of years. it is onoe eanst in tile city offering an alternative to some of the larger car dealerships in Saint John. I have lived in the Lakewood/Lochlomond area for the past sixteen years and drive by Lakewood Auto and Sales at least twice a day and have always found it to be very well kept, blending in with the surrounding homes maintaining a low visual impact on any traffic passing by. Lakewood Auto employs a number of people, along with residual income of businesses that are utilized to maintain the vehicles that are being sold such as tire sales, painting, bodywork etc. Victor Train and his wife Cindy have always maintained Ngb standards with any undertaking that they have been involved with and this will certainly be no exception_ This rezoning will have little or no impact on a community that has been accustomed to Lakewood Auto and look forward to this family run business as an asset to our area. Respectfully, plf�tojv�rjq.. od-ul & C)P-y Job A,/ Aew MM �M E7� �- L-lkl r. mOWN all, 19991 C 6KA1 A Oc hl / A) fz cf C/ /Sx C4 7- v el h eV 12 FR- 2, e 4v u e"f A ve Z�o -S� 0 T Ale Zo Room 436-N, Centre Block House of Commons Ottawa. Ontario KI A OAS Ph: (613) 947-4571 Fax. (613) 947-4574 PkLe 436-N, td. Centre Chambre des wrnmunes Ottawa (Ontario) KlA OA6 March 9, 1999 Mr. Brian Cunningham, Chair Planning Advisory Commission 1. City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4L I Dear Mr. Cunningham: pjr4% --, MAR 12 1999 I am pleased to write in support of Mr. Victor Train's application for Victor Train & Sons Auto Sales at 2690 Loch Lomond Road. Mr. Train is applying for a permit to use a residential area for commercial purposes. Mr. Train has operated his business for the last nine and a half years and has run a clean quite and professional operation. He has worked hard to make his business what it is today and should be given the opportunity to continue to operate. Saint John needs more individuals who are willing to make our City a better place. He and his wife have both been active in the community. They are involved in cubs, scouts and hockey, Mrs. Train is President of Lakewood Home and School Association. Mr. Train has applied for a permit to operate on Loch Lomond Road and, for the reasons stated above, I wish to add my support to his request. Sincerely, Elsie E. Wayne, MP 36 King Street Saint John. Na EK 103 Ph: (506) 636-5177 Fax: 1506) 656-5190 36, rue King Saint John, (N.B.) F-2t. 1 G3 Tel.: (613) 947-4571 Deputy Leader, Progressive Conservative Party of Canada T&I.: (506) 636-5177 Uk.: (613) 947-4574 Chet adjointe, Parli Progressiste-conservateur du Canada T616C.: (506) 636-5190 I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the proporty and understand their future needs which include a larger sign (4! x 6). The property Is an asset to my neighbourhood. I am especlaW appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop activities YAII be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales lot. Name W �<Y • Rim I W, Mayor and Common Council City of Saint John Re., Rezoning of 2960 Loch Lomond R**d V]cW*ncf Cymthla Train I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and understand their future needs which Include a larger sign (4'x 6). The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales lot. Name h Signature Zf �)XOIJNM�� 2 N rd M Am LPT-01 Mayor and Common Coumil City of Saint John Re: Rozonlng of 2960 Loch Lomond Ro" Wfor Aind Cyrtihis Tr*fn I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During I M, the property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (W x 6'). The property Is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours Will only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different Location. MIN IkUl-Her-11 �- PSOM11 MIP Mayor and Common Council City of Saint ,John • E s e larger I wish to express my support for my Mends and neighbours, Victor and Cynthia Train, in their continued use of theIr property at 26W Loch Lomond Road. Ouring 1998, the property has been used as a used car sales lot and I have visited the prop" and understand their future needs which include a a (4'x 6). The property is an asset to my ne�ghbourfiood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop actvities veil i e dotty by others at a different location. = jwI*' " . , W W- 2 �=-Zj I I �MM 1 0 1 MO. of Resi can � �. , B 6 Mayor and Common Council City of Saint John I viish to express my support for my friends and neighboum, Victor and Cynthia Train, in their continued Ue* of their property at 2690 Loch Lomond Road, During 1998, the prop" has been used as a used car sales lot and I have �Isited the property and understand their future needs which include a larger sign (4'x 6). The prop" is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours Wit only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. RPM= 40MMI-M Mayor and Common Council City of Saint John Ro. RexonIng 02960 Loch Lomond Road Vktcw and CynOto rrafn i wisn To elpr%67777 ....... 7wrtwelmIn their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and und,erstand their future needs which include a larger sign (4'x 6'). The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours Will only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a d[fferent location. I fully support their request to have the property rezoned to permR the permanent establishment of this used car sales lot. Mayor and Common Council City of Saint John Ro.r Rozoning of 2960 L*Oh Lomond RO&d Wator and Cynele Train I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their properly at 2690 Loch Lomond Road. inuring 1998, the property has been used as a used car sales lot and I have visited the prop" and understand their future needs which include a larger sign (4 x 8'). The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours, will only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales lot. Name Signature .n /j Mayor and Common Council City of Saint John Ro: Rezoning r Lomond Road Wforand Cyrdhis Tivin, I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2600 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and und"Iland their future needs which include a larger sign (4'x 6'), The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repaira and body shop activities will be done by others at a different location. Signature I W-01 -M.1 MI Mayor and Common Council City of Saint John Ro. Rezonfng or2"O Loch LomondRoacf Victor end CynWo Frain I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2590 Loch Lomond Road. During 1998, the property has been used as a used car sales tot and I have visited the property and understand their future needs which include a larger o4gn (4! x 6). The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used care at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales W. 7-MIWIM, NOW Date no Mayor and Common Council City of Saint John Ro.- Ro"nIng ol"2960 Loch LoMond RO*d VkW and CyWNe Traln I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During 1998, the property his been used as a used car sales lot and I have visited the prop" and understand their future needs which include a larger sign (4'x 6'). The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will Only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this UW car sales lot, Name T Cl 1A C-I Signature A. Location of Residence TIOM WRIEM-6 Mayor and Common Council City of Stint John R@: RozonIng of 2W Loch Lomond Road Vktor and cy"MIA rr*ln I wish to express my support for my friends and neighbours, Victor and Cynthia Train, in their continued use of their property at 2690 Loch Lomond Road. During 1998, the prop" has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (4! x 6), The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. Signature /"Loh L:a� Location of Residence M ArTA M W I Mayor and Common Council City of Saint John Re: R*zonfng 02960 Loch L*tnand R VkW &nd Cynthis Train I T 7, their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the prop" and understand their future needs which include a larger sign (4'x $'), The property is an asset • my neighbourhood. I am especially appreciative of the fact that my neighbours will only be Belling used care at this location and all mechanical Ymrk, repairs and body shop activities Will be done by others at a different location. • IWI 11 ff M. FAVA' • 1 1 �—ofjk I b City of Saint John -. . - no neignocwrs, T10tor and Cynthia Train, In their continued Use of their property at 2690 Loch Lomond Road. During I W80 the property has been ' r as a used car sale:s lot and I have visited the property and understand their future needs which IMIude a larger sign (4'x 6), The property is an asset to my nalghbourhood. I am especially appreciative of the fact that my neighbours will only be selling used Cars at this location and all mechanical work, repairs and body shop activities wi11 be done by others at a different locatlon. Signature Iffilin-101AW M" 100W Mayor and Common Council City of Saint John Re. ROZOMIng oFZW Loch Lomond RO*d Victor and C"In Troth I wish to express my support for my friends and nelghbours, Victor and Cynthia Train, In their continued use of their property at 2590 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and understand their future needs which Include a larger sign (4! x 6), The property is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours YAII only be gelling used care at this location and all machanloal work, repairs and body shop activities Will be done by others at a different location, I fully support their request to have the prop" rezoned to permit the permanent establishment of We used car sales M. Name I.b AL� Signature ,PR Ilk Mayor and Common Council City of Saint John Re, Roronlhg ol`2060 L"h Lomond Vktor snd CynMla Ttvin i wish to express my support for my friends and neighbours, VICWr and Cynthia Train, in their continued use of their prop" at 2690 Loch Lomond Road. During I WS, the property has been used as a used car sales lot and I have visited the property and understand their future needs which include a larger sign (4'x 6). The property Is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop sobvities vAll be done by others at a different location- I fully support their request to have the property rezoned to permit the permanent establishment of this used Car sales lot. K Name Ce)-4)d a/--("�' , S Z� Sign 8 atur 41 F;W -- Mayor and Common Council City of Saint John Re., R#Zorflng of 2960 Loch Lomond ReLej Vktor and CyWhia Train N I wish • express my support for my friends and neighbours, Victor and Cynthia Traln, in their continued use of their property at 2690 Loch Lomond Road. During 1.996, the property has been used as a used car sales lot and I have visited the prop" and understand theIr future needs which include a larger sign (4'x IS). The property is an ihsact • my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used care at this location and all mechanical work, repairs and body shop activities will be done by others at a different location, I fully support their request to have the property rezoned to permit the permanent establishment of thlit UsW car sales lot. Mayor and Common Council City of Saint John Re: Roronfhg of 2000 Loch Lomond Ro*d Vloftw and Cy"thle Traln I wish to express nTy support for my friends and neighbours, Victor and Cynthia Train, In their continued use of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the prop" and understand their future needs which include a larger sign (4' x V), The property Is an asset to my neighbourhood. I am especially appreciative of the fact that my neighbours will only be selling used cars at this location and all mechanical work, repairs and body shop aQtivities will be done by others at a different location. I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales, lot, Name MONRW O I FOR 0WM Mayor and Common Council City of Saint John R*.- Rozoning of YAOSO Loch Lomond ivsr7l, Vickw and CyrOls rroth I I wish to express my support for my friends and nelighbours, Victor and Cynthia Train, in their continued uge of their property at 2690 Loch Lomond Road. During 1998, the property has been used as a used car sales lot and I have visited the property and understand theIr future needs which include a larger sign (4'x 6') The property Is an 2seet to my naighbourhood, -F 'Ti I ar this location and all mechanical mrk, repairs and body shop activities will be done by others at a different location, I fully support their request to have the property rezoned to permit the permanent establishment of this used car sales lot, Name Signature Lo"tion of Residence tea. MER Date u M/1 city of Saint John Re: Rezoning of r Loch Lomond Wtor and Cyn0d& Train M I wish to express my support for my friends and neighbours, Victor and Cynthia Train, ir. their continued use of their property at 2690 Loch Lomond Road, During I M, the property has b"n used as a used car sales lot and I have visited the property and understand their future needs Include larger w.. - property asset to my neighbourbood. I am especially appreciative of the tact that my neighbours will only be selling used care at this location and all mechanical work, repairs and body shop activities will be done by others at a different location. Signature — City of Saint John INSERTION INTERNAL For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUN1~ ORD 'hone: 658 -2862 1 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, September 28, 1999 Date(s): Date(s): Date(s): Date(s): Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 Public Notice is hereby given that the following by-laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Municipalities if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely: I By-law Number C.P. 100-505 A Law To Amend The July 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1151 Golden Grove Road) 2. A Law To Amend The Municipal Plan By-law August 12, 1999 (amending Schedule 2-A, the Future Land use Plan, and Section 2.4.6.28 of the Plan re 2690 Loch Lomond Road) 3. By-law Number C.P. 100-506 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 2690 Loch Lomond Road) 4. By-law Number C.P. 100-507 A Law To Amend The July 22, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 525 McAllister Drive) 5. By-law Number C.P. 100-508 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 225-227 St. John Street) 6. By-law Number C.P. 100-509 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1111 Churchland Road) 7. By-law Number C.P. 100-510 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 895 Grandview Avenue) 8. By-law Number C.P. 100-511 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 477 Millidge Avenue) 9. By-law Number C.P. 100-512 A Law To Amend The September 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 375 Somerset Street) Office of the Common Clerk RA ras Mary L. Munford PO. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E2L 4LI Mr. Jim Baird Community Planning of Saint John 1Q¢ Floor - City Hall Dear Sir: Re: 525 McAllister Drive 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 July 22, 1999 and became effective on that date. Yours truly, Mary L. unford Common Clerk MLM/jaf encl. NAZI � [e BY-LAW NUMBER C.P. 100-507 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 M67672TRE 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 525 McAllister Drive (portions of NBGIC Numbers 313429 and 55116941), having a frontage of approximately 180 metres on McAllister Drive and extending to a line parallel to and approximately 60 metres west of Lakewood Avenue West and to a maximum depth of approximately 170 metres (560 feet) from McAllister Drive, from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service 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 Sea] of the said City to be affixed to this by-law the twelfth day of July, A.D. 1999 and signed by: Aw Mall • 'HWA First Reading June 28, 1999 Second Reading June 28, 1999 Third Reading July 12, 1999 214 OV, ® COMMUNITY PLANNING REZONING AMENDING MAP SHEET 154 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN a est ar�1< Ave � m c� FROM TO S -- 2 One and Two Family Suburban Residential US Utility and Service Applicant: City of Saint John Date Drawn: July 2, 1999 Location: 525 McAllister Drive Drawn B y: J. Ellefsen Considered by P.A.C.: June 22, 1999 File No.: 07P -10NW Enacted by Council: 00313429 and 55116941 (portions) Filed in Registry Office: Be it enacted by the City of Saint John in Common Council convened, as 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 525 McAllister Drive (portions of NBGIC Numbers 313429 and 55116941), having a frontage of approximately 180 metres on McAllister Drive and extending to a fine parallel to and approximately 60 metres west of Lakewood Avenue West and to a maximum depth of approximately 170 metres (560 feet) from McAllister Drive, from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service 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 L*�V�Qmlfl *so 0911WA4 MPOP I RE: 525 MCALUSTER DRIVE 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 28, 1999 at 7:00 p.m., by: Re-zoning a parcel of land located at 525 McAllister Drive, having a frontage of approximately 180 metres on McAllister Drive and extending to a line parallel to and approximately 60 metres west of Lakewood Avenue West, also identified as being portions of NBGlC # 313429 and 55116941, from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of a municipal works depot for East Saint John. 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. ;'eY2r4l' C� v '31 1. f 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 Date(s): Tuesday, June 1, 1999 Tuesday, June 22, 1999 SJTG Independent Placement Date(s): SJTG Classifieds Date(s): T -J Independent PIacement Date(s): " T-J Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Deadline: E] 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) 658 -2862 f A� I 7x 0 L CA v REPORT TO COMMON COUNCIL M 8& C 99-- 177 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, C 411-1 City of Saint John Rezoning Property on McAllister Drive for Proposed East Works Depot. In 1998, the existing East Works Depot was sold to make way for the Irving Oil Refinery Expansion. Several potential sites in East Saint John for the construction of a new facility have been reviewed and evaluated. This review has identified a site on McAllister Drive, as the best location for an East Works Depot. The site is presently zoned One and Two Family Suburban Residential (RS-2). In order to construct a municipal maintenance facility it must be re-zoned to Utility and Service Zone (US). The Public Hearing date will be June 28, 1999. The Eastern Works Depot and its location are critical to servicing the geographically large and diverse eastern part of the City. Locating the facility at this preferred site will greatly enhance service delivery. The buildings, working areas and grounds will be visually pleasing and integrate well with the surrounding area. The facility will be well organized and maintained, and creative use will be made of trees, elevation differences and landscaping. M &I C •• May 24, 1••• Page 2 It is recommended that Common Council initiate the re-zoning process from Two Family Suburban Residential (RS-2) to Utility and Service Zone (US) for the portion of two properties identified as NBGIC 313429 and NBGIC 55116941 from McAllister Drive to a line parallel to and 60 metres west of Lakewood Avenue West as shown on the attached. Terrence L. Totten, C.A. City Manager Attachments - 3 0 A-16-c) I . �' , 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 525 McAllister Drive, having a frontage of approximately 180 metres on McAllister Drive and extending to a line parallel to and approximately 60 metres west of Lakewood Avenue West, (being portions of NBGIC Numbers 313429 and 55116941), from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service 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 Coijimot Cler,. First Reading Second Reading Third Reading �f� / �� / / ` l June 26/1999 9 Kervin Rd. Saint John, N.B. E2L 2Y9 Mayor Shirlev McAlary City of Saint John Province of New Brunswick Dear Ms. McAlary and Members of CoUnC41. Re: The Rezoninq of 525 McAllister Drive As a resident of Forest Hills subdivision, I am oppossed to this rezoning. Unless there is some bylaw, carved in stone, that dictates that this works depot must remain within An assigned number of kilometers from Grand'View Avenue, 1 sea no reason wh- it cannot be located at another site away from residential housing. The capital expenditure for the project should have teen realized when the Grandview Avenue Property exchanged hands. The proposed depot which represents to me heavy industry (it certainly goes beyond the spectrum of public utilities and service) should be located in an industrial park. In the presentation to P.A.C. (Evening Times Globe, June 23) Mr. Groodv was Quoted as saying that "the building will fit into the neighbourhood ". The residents will need to possess a high level of imagery in order to realize how a predominantly 24 hour industrial operation of front end loaders, loads of salt and sand will fit into a Pret neighbourhood. If the Works Department was a depot with residential homes, they would successful with the design planning on the Millidgeville (see included photos). gravel trucks, and 5entlV well maintained skilled in blending in have been more Boar's Head Road in Letters and presentations have been made to city council regarding the air and noise pollution, along with t"ME traffic. I am not as yet aware that these issues have been addressed. The city council which is supposed to be the Voice Of the People is now adding to the pollution and traffic with no ;-egret, leaving the area residents, from what I can see, with no representation. I expect rather than contribute to the pollution, city managers and council might help the residents to control the environmental hazards already present with current development (i.e. unhoused mountains of salt at McAllister Place - Winter 9B/99). Providing jobs, which seems to be the "catch phrase" of the day, without assesing the impact on one's health could negatively affect the quality of life of those citizens you are trying to assist. The government of New Brunswick has implemented the Public Health Risk Assesment Team to study the effects of the present environment on the health of the citizens Of Saint John. This in itself would indicate that the depot would be best situated on an industrial site away from residential comet- unities. When the city advances it's agenda and re-evaluates property assesments in order to increase, the tax revenues, a heavy equipment site will have a negative impact on any residential as5esment. Questions: 1. What future development Plans do you have for the Forest Hills area? Please forward to me the information itself Or tell me how can access the information. 2. Mr. GrOOdY is Quoted (E.T.G. June 2-35) saying that "the depot will be an asset to the business park and residents". What assets? Please draft Out for me the assets of having a �-ork depot in my neighbourhood. -3. That business park? 1 am asking for a response to these questions by August Since our councillors were given the mandate to represent a! areas Of the city. I expect this letter to be Qjven professional consideration, cc // Derek Chase Stephen Chase Stephen Fitzpatrick Walter Ball Chris Titus yours sincerlY Mary T. Lydon Ivan Court Carl White Bernard Desmond Peter Trites Mel Vincent IF I - 11 la � \.� � �.x..v: ,.. ..� � «�.� w =. :m . w.. ,� � � <� v �� � d ° �w� � w » -- yy� - . - : - ���§�� >v � � � §� »\ : . .� -z . . . .. � � <. m °y :� � : � \�« _ w,.� � .: .� � \� yy �.. � <. :� \ _ _ .> y §y y � . - � \ 2 » . »y���� \ © - -- / � \\ \. /» >� � �� _,, : s. � d y 2,- .: . a ����f~ © °«, °�»,«���.��.� ym. »\ _ w: :_ «.� :� � � � ���`�.� . » � »� � � � ` � � � � � � d� w < °.� » __ � � � � � ?% � ^^ :w....a ®v °- 2« - < � : �� � % ,.g. -_�_� \� %� � � :w- � � � � � w/ <\ . � � «� � � 9*y wx s - m � � � � . . . . ..� . . 2 2 , �.> . . . . .. . wy >> `�������������������` _ � � » �.�� . � .� >y�y � � �\ �����«�����«�� =�wd- }� . �.- . » ©iw���������������m�»«� \������� y Planning P.O. Boy 1971 506 658-2800 800 is Advisory Committee Saint john . ' New Brunswick Canada E2L 4LI 11 Your Worship and Councillors: SUBJECT: Proposed Rezoning 525 McAllister Drive On May 25, 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 June 22, 1999 meeting. 1 �; City of Saint John Paul Groody, Commissioner of Municipal Operations, attended the meeting, along with Shayne Galbraith and Barry Totten from the Works Division. Mr. Groody described the proposal and the reasons for selecting the subject site for the proposed eastern works depot. He indicated that, among the twelve alternative locations studied, it was concluded that the subject site will give the best, most efficient and most timely service to the eastern part of the City, especially in terms of snow control routes. Mr. Groody expressed agreement with the recommendation in the attached report, and assured the Committee that measures would be taken to ensure that the development is of a high quality. Sonia Thorn, a resident of Forest Hills, and Jim Crisp, a resident of Silver Falls who also owns one of the dwelling units in Highmeadow Park, attended the meeting to speak against the proposal. Their concerns included visual attractiveness, noise, traffic, the present condition of McAllister Drive, and the general impact of the proposed depot /operation on the Forest Hills and 1lighmeadow Park residential areas. Ms. Thorn's concerns were also included in a letter that she had submitted to the Committee (copy attached). The Committee was concerned that the proposal would not be an appropriate fit with either the existing residential area or the proposed business park. After considering the report, presentations and letter, the Committee decided to recommend that the proposed rezoning be denied. Planning Advisory Comm- nittee June 24, 1999 That the proposed rezoning be denied. Respectfully submitted, .f G.A. (Sandy) R rtson Vice - Chairman '° ...4... RGP /r Attachments Page 2 Community Jim Baird MCIP P.O. Box 1971 506 658 -2835 Planning Manager Saint John 546 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Existing Zoning: Proposed Zoning: Proposal: Type of Application: JUNE 18, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF JUNE 22, 1999 I� Randall Pollock, - . Planner -1 City of Saint John City of Saint John City of Saint John 525 McAllister Drive Part of 313429 and 55116941 Business Park "RS -2" One and Two Family Suburban Residential "US" Utility and Service To construct a municipal public works depot Rezoning City of Saint John 525 McAllister Drive Page 2 June 18, 1999 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 Monday, June 28, 1999. That Common Council rezone a parcel of land located at 525 McAllister Drive, having a frontage of approximately 180 metres on McAllister Drive and extending to a line parallel to and approximately 60 metres west of Lakewood Avenue West and to a maximum depth of approximately 170 metres (560 feet) from McAllister Drive, also identified as being portions of NBGIC # 313429 and 55116941, from "RS-2" One and Two Family Residential to "US" Utility and Service. 2. That Common Council require the Municipal Operations Department to retain a qualified landscape architect to prepare a landscaping and buffering plan for the site and adjacent City-owned buffer area, such plan to be subject to the approval of the Development Officer. 3. That Common Council require the Municipal Operations Department to complete the work indicated on the approved landscaping and buffering plan no later than one year after the date of approval of the building permit for the development. Engineering supports the proposal. The proposed depot will be fully serviced with City water and sewer. Water will be drawn from the main in McAllister Drive and sewage will be pumped to the existing City sewer in Westbrook Avenue. From that point it will make its way to Hazen Creek treatment facility. Building and Technical Services has no objection. Detailed site plans and floor plans will be required for Building Code analysis. Real Estate and Facility Management has submitted no comments. City of Saint John Page 3 525 McAllister Drive June 18, 1999 Saint John Energy advises that it has adequate facilities along McAllister Drive. Cost will be dealt with the City when and where required. N Tel advises that it would service this lot off existing facilities along McAllister Drive. Depending on location of the building, a service pole would be required. If it were decided that services were to be underground, then the City would be responsible to provide conduit to the building. Fire Department has submitted no comments. Site and Neighbourhood The subject site comprises a portion of the City -owned land located near the intersection of McAllister Drive and Lakewood Avenue West. McAllister Drive is a major arterial street serving East Saint John, while Lakewood Avenue functions as a "rear entrance" to the Forest Hills residential neighbourhood. To the east and southeast of the site (across Lakewood Avenue) is a small residential neighbourhood, including the Highmeadow Park townhouse complex and the Silver Falls subdivision. To the north, west and southwest is a mix of vacant land and developed commercial and industrial properties. The adjacent property to the north on McAllister Drive is developed as an RST truck depot. The subject site and adjacent City -owned land, extending to Lakewood Avenue, is vacant and covered with small trees. The site has a definite slope downward from south to north. Substantial site preparation work (cut and fill) will be required to prepare a level site for the proposed development, similar to the .manner in which the RST site has been developed. Proposal The City proposes to establish its municipal works depot for East Saint John at the subject site. The new depot will replace the one on Grandview Avenue that was sold to Irving (ail Ltd. to make way for the refinery expansion. The Municipal Operations Department indicates that it has reviewed and evaluated several potential replacement sites in East Saint John, and the subject site was identified as the best location to meet the Department's needs. The Department indicates that the depot and its location are critical to servicing the geographically large and diverse eastern part of the City. City of Saint John 525 McAllister Drive Page 4 June 18, 1999 A preliminary concept plan for the proposed depot is attached, along with a perspective view. The concept includes a single entrance /exit driveway from McAllister Drive, leading to a paved visitor parking area in front of the office /garage building. Staff parking is located to the side of the property. The majority of the site to the rear of the garage /office building is to be devoted to a paved outdoor compound area, including a salt storage building and a sand pile. Large overhead doors will be restricted to the side and rear of the building. A minimum 204 -foot buffer is proposed between the compound and Lakewood Avenue. This area is excluded from the area to be rezoned. The entire frontage of the site, as well as the edges of the compound area, will be landscaped. The Municipal Operations department indicates that a landscape architect will be retained to design a suitable landscaping/buffering plan. Municipal Development Plan The Plan's general policies envision that public service and utility uses, which are essential to serve the needs of the City's residents, will be permitted in all land use designations without the need for an amendment to the Plan. However, the Plan requires that they be compatible with the adjoining uses. There are specific standards when such uses are to be located in Residential designations. Most of the City - owned land on the east side of McAllister Drive, including the subject site, is designated Business Park by the Municipal Plan. The site is also on the edge of the McAllister Drive Service Corridor, which extends along the east side of McAllister Drive, from RST northward to the Westmorland/ McAllister Regional Centre. McAllister Place is the "anchor" of the Regional Centre commercial designation. The residential areas and vacant lands to the east and southeast of the site are designated Low Density Residential. The main part of the Business Park designation is located on the opposite side of McAllister Drive, and extends over to Mark Drive, behind McAllister Place. The Business Park concept was introduced by the recent Municipal Plan Update in order to update the former Restricted Industrial designation. Such areas are expected to provide the appropriate locations, facilities and environment for the current demand for research, high technology and light industrial implementation and related office uses, such as call centres and technical repair functions. A major feature of the Business Park concept is extensive landscaping, large lots and high quality design standards. The subject site has the potential of being incorporated into the high quality business park development that is contemplated for the area on the opposite side of McAllister Drive. City of Saint John 525 McAllister Drive Page 5 June 18, 1999 Approval and subsequent development of the proposed works depot at this location will result in a lost opportunity to incorporate the site into the business park concept. The proposed works depot, with its large outdoor equipment compound and outdoor storage of materials, is not a type of use that was envisioned for a Business Park designation. It fits more appropriately in a Service Corridor or Industrial designation. Consequently, it must be recognized that approval of this proposal, while not formally redesignating the site, will have the effect of extending the existing Service Corridor that currently terminates at the R.ST property. Over the long term, this may have implications on the future desirability of other vacant lands on McAllister Drive for business park uses. It is therefore important that, if approved, the depot be developed with a high standard of landscaping and buffering in order to minimize the potential negative impact on the future business park development. Proposed "ITS" Utility and Service Zone The current "RS-2" One and Two Family Suburban Residential zoning of the subject site does not permit a municipal works depot. The present .zoning also does not reflect the .Business Park designation of the property on Schedule 2A of the Municipal Development Plan. A rezoning to "US" Utility and Service Zone is proposed. This zone category was created in 1990 for new municipal, provincial and other public facilities in non - industrial areas. The zone provisions call for a large minimum lot area, width and depth, as well as landscaping requirements and a limitation of building area to a maximum of only twenty percent of the total lot area. These provisions are designed to ensure that the impact on surrounding areas (including residential) will be minimal. The proposed municipal works depot will meet or exceed all of these standards for the "US" zone. Given the particularly high profile location of the property and the concerns expressed in the previous section of this report, the "US" zone's minimum standards should be enhanced with substantial additional landscaping features and increased setbacks. As this is a City- initiated proposal, a Section 39 agreement or conditions are not possible. Therefore, the staff recommendation on Page 2 of this report contains two additional recommendations concerning site improvements for the consideration of the Committee and Council. City of Saint John Page 6 525 McAllister Drive June 18, 1999 Area of Land to be Rezoned and Proposed Bufferin A portion of the proposed area to be rezoned extends back further than the rear lot line of the adjacent RST property, However, the conceptual site plan does not include any proposed use of this additional area in conjunction with the depot development. This triangular area should be excluded from the land to be rezoned in order to maintain a consistent rear boundary for the non-residential area fronting on McAllister Drive. This would limit the maximum depth of the rezoned area to approximately 170 metres, (560 feet), which is the approximate depth of the RST lot. As noted in a previous section of this report, the proposed 60-metre (200-foot) buffer area between the proposed compound and Lakewood Avenue West is not to be included in the area to be rezoned to "US" Utility and Service, In conjunction with the development, this area may need to be regraded to include a berm as a visual barrier from this residential collector street. However, it is expected that with the regrading of the site the elevation of Lakewood Avenue will substantially be above the developed portion of the site. This may contribute to the buffering of the equipment and building from Lakewood Avenue. The recommended landscaping plan, to be subject to the approval of the Development Officer, should include the details of this feature. Traffic McAllister Drive adjacent to this site is a two-lane street with ditches. The reconstruction to a 5 lane curbed cross-section has been developed in this area. In addition the rebuilding of the McAllister Drive/Loch Lomond Road intersection has also been a long standing need. The recently completed Transportation Strategy confirms the need for both of these elements. This development will not by itself require these specific improvements. However, there will still be an increase in traffic and substantial turning movements in and out of this facility. Provision for both right and left hand turning traffic into the site will have to be carefully considered at the detailed design stage. The site grading and specifically the front yard landscaping will have to be designed to co-ordinate with the future road improvements. City of Saint John 525 McAllister Drive Page 7 June 18, 1999 Approval of this proposal represents a reinforcement and extension of the existing Service Corridor function of McAllister Drive. The implications of this should be considered very carefully. The subject site has the potential to be an integral part of the larger business park concept that has been proposed for the McAllister/Mark Drive area. However, utilization of the site for the proposed municipal works depot will result in the loss of that opportunity on the subject site, as well as decreasing the desirability for business park uses on the west side of McAllister Drive. The proposed rezoning and development of the works depot can be supported only on condition that the site is developed with high quality landscaping and buffering that will recognize the strategic location of the site and minimize any discouragement of the overall business park concept. As Section 39 conditions cannot be imposed, specific additional resolutions are recommended for Council's with regard to landscaping, buffering and completion of site improvements. RGP/r SC le X RS - 2 c SCE Q MU RS 2 RS- 2 RS - 2 NUC I- R �Q \ RS - 2 I D RS- 2 8- 2 RS- 2 D 2 ... B- 2 RS _ 2 R- 2 2 R R 2 4 w NBGIC Number (s): Subject Site: ,` K 003'13429 (part of 55116941 (part of) Address: 525 McAlister Drive Map Number: 07P -11SW Date: May 25, 1999 . Scale: N.T.S. i 1',' "+ � i. sy�Y .... ®�i;�t3)jN To: Planning Advisory Committee, City of Saint John City Hall, June 20, 1999 This is to advise you that as residents of Forest Hills,my husband and I do not approve of the proposed Eastern Works Depot at 525 McAllister Dr. Our reasons are: 1. McAllister Dr. is already an unsafe high traffic area.In the proposed area of the facility, there are only two traffic lanes,no si dewal ks, inadequate street lighting, only one pedestrian crossing on either end.. These crossings are not clearly marked., 2,Heavy equipment will be frequently entering and leaving the depot. In view of the above this will definitly pose an added danger to pedestrians and motorists,especially in the dark mornings and evenings of the winter months.Of special concern are children. 3. Highmeadow Park and Forest Hills are residential areas. The roar of traffic noise is already a disturbance,and it will only increase. To be specific: Vehicles starting and warming up,shed shutters opening and .closing, scoopers filling trucks with salt etc-,. plus the inevitable caution" beep" as vehicles reverse. Most of the noise pollution will be early am and late pm when residents are resting. 4. There is legitimate concern for property -values in the area. City Planners have allowed business development to almost overlap the residential area,of Forest Hills, Despite the plan for a "buffer zone,"the proposed facility will back onto Forest Hills and will be directly across the street from Highmeadow Park. Suggestions: 1. Work toward making McAllister Dr. safer for pedestrians and motorists.No further expansion until this is complete. Z. The, Grandview Ave. Industrial Park is an area which is suitable for the proposed facility. There are no residential areas nearby,and it is central to the areas you service. 3. The proposed site should be rezoned as a green belt area,until such time that the City, in a cooperative effort with local business and schools can create a park- like setting.This would be a positive endeavour for all who take part,lt would serve to beautify the area,which over the past few years has been subjected to mushrooming malls,large areas of asphalted parking lots,and traffic congestion. 4. City Planners should respect the right of residents to enjoy quiet and comfort in their home surroundings. This means clearly defining what facilities should or should not go near to a residential area. My husband and I trust that you will consider the contents of this letter, and decide on a more suitable place for the Eastern Works Depot, ,1 Yours� incerely, to 'J�tc — David and Sonia Thom 21 Morley Crescent Saint John New Hrtmswick E2J2X5 c.c. Mayor Shirley McAlary BY-LAW NUMBER C.P. 100-* A LAW TO AMEND THE ZONING BY-LAI OF THE CITY OF SAINT JOHN i Be it enacted by the City of Saint John in Common Council convened, as rr I ON 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 225-227 St. John Street, having an area of approximately 490 square metres (5,274 square feet) (being NBGIC Number 365189), from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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: member of Council who presided at the meeting at which it was enacted, and Common Clerk First Reading Second Reading Third Reading III BY-LAW NUMBER C.P. 100-* A LAW TO AMEND THE ZONING BY-LA OF THE CITY OF SAINT JOHN I Be it enacted by the City of Saint John in Common Council convened, as 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 475 Latimore Lake Road, having an area of approximately 55 acres, (being portions of NBGIC Numbers 335034 and 327106), from "RS-1 " One and Two Family Suburban Residential and "RS-1 M" One and Two Family and Mobile Home Suburban Residential 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 Sea[ 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 Cler�, First Reading Second Reading Third Reading To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, June 28, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. . That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Option Agreement with Red Rose Tea Financial Inc. for the sale and development of the Red Rose Tea and Drury Lane parking lot sites. 2. That as recommended by the City Manager, Common Council (1) adopt the design and construction of the Mark Drive by-pass road (as generally shown on the submitted plan) as a capital project of the City of Saint John; (2) authorize staff to negotiate the acquisition of land and construction easements required for this project; and (3) authorize the issuance of a purchase order and payment in the amount of $24,347.83 plus HST to Godfrey Associates Ltd. to complete the engineering design and prepare tender-ready specifications for the Mark Drive by-pass road. Res ctfully submitted, suom"" July 12, 1999, /Shirley McAlary Saint John, N.B. C h a i r m a n. THE +CITY OF SAINT JOHN City Hall, 15 Market Square SAINT JOHN, NEW BRUNSWICK AGREENJENT made in duplicate this day of July A.D. 1999, BY AND BETWEEN The City of Saint John (hereinafter called the City) of the First part and Red Rose Financial Inc. (hereinafter called the Developer) of the second part. WITNESSETII that in consideration of the sum of 55,000 (non- refundable after sixty clays) now paid by the Developer to the City, the receipt whereof is hereby acknowledged, the City hereby gives to the Developer all exclusive option, irrevocable within the time limited herein for exercise to purchase Parcel I and Parcel 2, subject to the conditions set out in the resolution adopted by the Common Council of the City of Saint John meeting ors , 1999 [Common Council Resolution amiched hereto[, locally known as the "Red Rose Tea Lot and Drury Lane Parking Lot ", more particularly shown on Schedule "A" attached hereto, as Parcel I and Parcel 2 respectively (hereinafter called Parcel I and Parcel 2 or the "Site" when referring to both Parcel I and 2). TOGETHEIR with the appurtenances thereto. I. The Option is exercisable by the Developer until, but not after 4:30 p.m. (A.D.T.) on Dccembcr 31, 1999, provided that prior to exercising; a) the Developer has, at its own expense, in hand and approved by the City, a Development Plan consisting of conceptual plans and a construction schedule which shall provide for the development of the Parcel 1. The Development Plan must conform to all municipal by- laws, building codes, and any other regulatory approvals required to proceed with the Dcvcicpincnt Plan; b) the Developer has, in hand, the financing necessary to complete the Development Plan. (111 the event that fiiaancing is not, in hand, the sum of $5,000 paid hereunder shall be forfeited by the Developer) arid; C) the Developer has, in hand, a Certificate of Appropriateness issued by the Preservation Rcview Board of the City of Saint John. d) the Developer has, in hand, such amendments to the Municipal Plan and Zoning Icy -law of the City as are necessary for the Development Plan. 2. It is acknowledged and agreed that the foregoing provisos shall for all purposes be deemed and construed as conditions precedent to any exercising by the Developer and any notice of exercising, given at any time when any of the conditions precedent have not been satisfied and fulfilled, shall be void and shall have no force or effect. 3. It is acknowledged that the giving of this option does not explicitly or implicitly obligate the City of Saint John to approve any re- zoning, variance, municipal plan amendment or building permit applications required to proceed with the Development Plan. 4. It is acknowledged by the parties that the purpose of the option is to provide the Developer with sufficient time to aggressively pursue an economically viable development proposal for Parcel 1. 5. It is agreed that the proposed development envisages the immediate redevelopment of Parcel 1 and the future development of Parcel 2, with the construction, located wholly on Parcel 2, of commercial and/or residential building(s) footprint of not less than 5,000 square feet square feet. 6. It is expressly agreed and understood that approval by the City of the Development Plan shall not be construed as a commitment by the City to enact any legislation required to accommodate the Development Plan or as approval under the Community Planning tact or any IN other applicable statute, regulation or by -law. It is further expressly agreed and understood that in the event of anhendnnent to the City's Municipal Development Plan or Zoning By -Law is required to accommodate the execution of the Development Plan and that if the City acting within the procedure established by the Community Planning Act, Chapter C -12 R.S.N.B. 1973 as amended, decides against enactment of such anendmcnt, then the Developer may require the City to re- acquire the Site free from all encumbrances, save and except those existing upon conveyance of the Site to the developer by the City, for the purchase price or portion thereof which has been paid to the City. 7. Exercise by the Developer shall be in writing to the Attention: Common Clerk of tile City of Saint John and delivered by ]land or by mail postage prepaid and addressed to: "The City of Saint John PO Box 1971, Saint John, N13, 12L 4L1, attention: "The Common Clerk'. 8. Prior to exercise, and thereafter if exercised until closing, the Developer shall have reasonable access to, in and upon the Site, without unduly interfering with the City's use of the Site, to undertake inspections and marketing of the Site and make such surveys, tests and measurements thereof as the Developer shall deem necessary and the Developer shall indemnify and save the City harmless from and against all and any claims, demands, actions, suits, loss and damage arising from, out of or as a result of the Developer's reasonable access to, in and upon the Site. 9, The Developer is permitted to post signage in or on the Red Rose Tea Building for tae purpose of promoting the proposed development (of the Red Rose Tea Building). Such signage must abide by all applicable by -laws and regulations. All posted signage must be removed by the Developer i f the option is not executed as contemplated herein. 10. During the tenn of the option, the City shall have the right to freely utilize the Site but shall not interfere with the right of access here and before given to the Developer. 11, The City shall have no obligation, either prior to exercise or thereafter, to maintain the Site in any particular state of repair or condition or to operate, occupy or manage the Site in any particular way, it being acknowledged and agreed by the Developer that in the event of exercise by the Developer, the Developer will be dcenned in all respects and for all purposes to have accepted the condition of this Site as then existing and to have agreed to accept the condition of the Site as existing at the date of closing. 12. This option and any agreement of purchase and sale and any agreement of lease with a right of purchase arising herefrom may, upon the written notification to the City, be assigned to an assignee who is a subsidiary company wholly owned or controlled by the Developer, and incorporated solely to carry Out the Development Plan, but not otherwise; on condition that the assignee by written agreement covcrhants, promises and agrees �vitlt tlnc City to pay all phonics due or to become due under this option, and any agreement of purchase and sale and any agreement of lease to purchase arising herefrom and to observe and perform all the covenants, provisos, terns and conditions contained in this agreement and any agreement of purchase and sale or any agreement of lease to purchase arising herefrom. Upon assigning this option to such assignee, the Developer will be released from this option. This restriction is not intended to preclude the Developer from disposing of the Site when redeveloped, provided none of the purchase price of 5275,000.00 for Parcel 2 remains unpaid. 13. In the event that the Developer exercises this option as herein before provided, it is hereby agreed that a binding agreement of purchase and sale (hereinafter called Agreement of Sate) is thereby constituted between the City and the Developer, whereby the City shalt sell and the Developer shall purchase the Site, in accordance with, and subject to the terms and conditions contained herein; or at the election of the Developer, the City shall sell and the Developer shall purchase Parcel I and Parcel 2 in accordance with, and subject to the terms and conditions contained herein. 14. The purchase price for Parcel t shall be one dollar, title for which will be conveyed upon payment in full.. -3- 15, The purchase price for Parcel 2 shall be $275,000.00, title for which will be convoyed upon payment in full which small be paid in the following manner and; a) The sum of $5,000, paid by the Developer to the City as consideration for the option, shall be allowed as part of the payment of the purchase price; b) The balance of $270,000.00 shall be paid as follows: . i. $90,000, at the time of the granting the conveyance of Parcel 1; ii. $90,000 on the date of the first anniversary of the conveyance of Parcel 1; and iii. $90,000 on the date of the second anniversary of the conveyance of Parcel 1. 16. During the period of payment for Parcel 2, the City shall lease to the Developer Parcel 2 at an annual rent of$I plus an amount equal to what the City would have collected in property tax revenues if Parcel 2 was owned by others, subject to HST where applicable and all real property taxes levied by the Province of New Brunswick. The lease shall contain all relevant general terms and conditions of a City of Saint John land lease (with a right of purchase), in additional to the tenets noted herein. 17. The lease shall terminate the earlier of: i. the purchase of Parcel 2; or i °s. the failure of payment by the Developer of the annual property taxes levied against Parcel 2 by the 30111 of June in any year in which the property tax bill is issued; or iv. the failure of payment by the Developer to the City of an amount equal to the municipal portion of the annual property taxes as if levied against Parcel 2 by the 30th of August in any year during the term of this lease, or V. thirty days after the failure to make a payment as set out in paragraph 15(b); or vi. upon the, reacquisition of Parcel 1 (by the City); or vii. on December 31, 2001. 18. The purchase price shall be paid as stipulated herein and subject to normal adjustments, by cash or certified chcque upon the City's delivery to the Developer of a good and sufficient deed in registerable form free from encumbrances, but subject to the reservations of: a) an easement in favour of the City for municipal services over the northern sideline of Parcel I (formerly North Street), as shown on the plan filed in the Saint John County Registry Office on December 23, 1995 as Plan Number 200718; and b) a sole and exclusive option, irrevocable for and during the term limited hereby to purchase for the price of $95,000.00 Parcels I free from encumbrances other than those existing at the date of the aforesaid conveyance and arising in the event the Developer has not upon the anniversary of two months from the delivery of the aforesaid deed of conveyance commenced and completed as far as reasonably possible site renovations and improvements in accordance with the construction schedule of the Development Plan prepared by the Developer and approved by the City pursuant to Paragraph 1(a). This option shall be open for exercise at the price of $95,000.00 for a period of thirty (30) days from the date of its arising and may be exercised by notice in writing delivered personally to the grantee, or posted by registered mail to the grantee at 32 Mahogany Terrace, Saint John, NB, E2M 555. In the event the City exercises the option herein . reserved, the grantee shall not later than fourteen (14) days immediately thereafter deliver to the City an appropriate deed in registerable form in exchange for the purchase price of $95,000.00 by cash or certified chcque; and 19. The Developer shall search the title at its own expense, and shall have ten days from the date of exercising of the option to examine title, and shall then be deemed to have accepted the title except to any written objections made within that time. If any objection be made within that time the City shall have ten days to remove it, but if the City is unable or unwilling to do so the Developer may, notwithstanding any intermediate correspondence, cancel the contract and request the return of the sum paid for the option, provided however, that the Developer may within five days of the receipt of notice of cancellation waive such objections to the title and return the sum paid for the option to the City, in which event this agreement of sale shall be continued in full force and effect. It shall be the responsibility of the Developer to undertake any Quieting of Title believed necessary, -4- 20. The City shall not be bound to produce any abstract of title, or any documents, copies of documents or other evidences of title except such as are in its possession or control. 21. All adjustments of interest, rents, taxes, rates and insurance premiums shall be made to the date of closing which shall be within 30 days of exercise, on which date the Developer shall be entitled to possession of the said Site. 22. All buildings shall be and remain at the risk of the City until closing. 23. Vacant possession of the Site and right to enter, occupy and enjoy the sairic shall be delivered by the City to the Developer on the date of closing. 24. Until the date of closing the Site shall be at the sole risk of the City as regards loss or damage by fire or other cause and the City shall maintain such insurance on the Site as would a prudent owner. 25. In the event that the Developer defaults on closing, under the teens of this agreement of sale all monies paid shall be forfeited to the City. 26. Any notice required shall be in writing, and in the case of the City shall be given to the City; Attention: The Common Clerk at PO Box 1971, Saint John, NB )21- 41,1 and in the case of the Developer to the Developer at 32 Mahogany Terrace, Saint John, N-B, E2M 5S5. 27. Time shall be of the essence, 28. The laws of the Province of New Brunswick shall govem_. 29. This agreement shall be read with all changes of gender or number as required by the context. 30. This agreement and any agreement of sale arising herefrom shall extend to and be binding upon and ensure, to the benefit of the City and the Developer, their successors and permitted assigns. 31, In witness whereof the parties are hereunto executed these presence the day and year herein above first written. -5- IN WITNESS WHEREOF the parties have executed this Agreement this Day of July, 1999. WITNESSED: THE CITY OF SAINT J014N by by Shirley A. McAlary Mayor and Mary L. Munford Common Clerk RED ROSE FINANCIAL INC. by Michael McGraw and Michael Lui ind Michael Boyle -6- Schedule "A" + ~ As illustrated uu the Subdivision plan titled "The City n{ Saint John Subdivision, Situated northeast corner o[ Union Street and Smythe, City vfSaiut John —."oafilediu the Saint John County Registry Office ou December 23,19y8mo Plan Number %VO718. Saird John Parkinq RU* July 7, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council 8'b Floor, City Hall Saint John, N.B. E2L 4LI Your Worship and Councillors: Re: Issue of Free Metered Parking on Saturday 9th Floor, City Hall, P.O. Box 1971 Saint John, N.B. E21-41-1 Tel.: 506-658-2897 Fax: 506-649-7938 On June 12,1999, the Saint John Parking Commission proposed to review the issue of free parking on Saturdays and advise Common Council within four to six weeks. To date we have received survey information from Uptown Saint John Inc. (Enclosed) and carried out a number of audits and surveys on items that relate to the introduction of free unrestricted parking at the parking meters. > The survey carried out by Uptown Saint John Inc. advised that 77% of the merchants surveyed want to try free unrestricted parking at the meters on Saturday. ➢ In a trial area at City Market, it was found that 30-45% of the vehicles parked on North and South Market Street on the last few Saturdays were owners and employees of City Market businesses and they tended to park for more than two hours. )o, Based on audits of the parking meters and parking fines issued on Saturdays, we believe the loss of revenue to the City of Saint John would run between $40,000 and $50,000 per year. Based on audits of our Aquatic Centre Lot, our Church and Canterbury Street Parking Garage, our St. Patrick Street Lot and Union Street Lot, we found that Parking Commission revenue loss may be $6-10,000 per year. > Managers of Brunswick Square Parking Garage, Market Square Parking Garage, Mercantile Centre Parking Garage and YMCA Parking Lot indicated that free parking at the meters on Saturday would not be expected to have a major impact on their revenue figures. Yours truly, Mile Brawn Chairman Saint Jahn Parking Commission Her Worship Mayor Shirley McAlary And Members of Common Council 8'h Floor, City Hall Saint John, N.B. E2L 4LI Your Worship and Councillors: Re: Issue of Free Metered Parking on Saturda 9th Floor, City Hall, P.O. Box 1971 Saint John, N.B. E21- 40 Tel.: 506-658-2897 Fax: 506-649-7938 On June 12,1999, the Saint John Parking Commission proposed to review the issue of free parking on Saturdays and advise Common Council within four to six weeks. To date we have received survey information from Uptown Saint John Inc. (Enclosed) and carried out a number of audits and surveys on items that relate to the introduction of free unrestricted parking at the parking meters. ➢ The survey carried out by Uptown Saint John Inc. advised that 77% of the merchants surveyed want to try free unrestricted parking at the meters on Saturday. > In a trial area at City Market, it was found that 30-45% of the vehicles parked on North and South Market Street on the last few Saturdays were owners and employees of City Market businesses and they tended to park for more than two hours. Based on audits of the parking meters and parking fines issued on Saturdays, we believe the loss of revenue to the City of Saint John would ran between $40,000 and $50,000 per year. > Based on audits of our Aquatic Centre Lot, our Church and Canterbury Street Parking Garage, our St. Patrick Street Lot and Union Street Lot, we found that Parking Commission revenue loss may be $6-10,000 per year. > Managers of Brunswick Square Parking Garage, Market Square Parking Garage, Mercantile Centre Parking Garage and YMCA Parking Lot indicated that free parking at the meters on Saturday would not be expected to have a major impact on their revenue figures. 2 The Saint John Parking Commission would like to make the following comments regarding the Saturday parking situation: * Concern that spaces will not be available for those who need them. General turnover at spaces is a concern and also use of prime spaces by owners and employees. The survey for the area around City Market noted above is an example. # Some of the cities that have free Saturday parking have also enacted two-hour parking limits to encourage a degree of turnover. Council may want to consider this in the future. * Revenue estimates noted above may be somewhat low. Enforcement officers working Saturdays have reported lower than usual activity in the uptown area these past four or five weeks, probably due to people engaging in other activities during the good weather. * Please note that tourists are not issued violations. Courtesy tickets are issued to out of province vehicles. In both June 1998 and June 1999 approximately 130 were issued and we received a positive response to this program. Recommendation: However, based on the above information, and in particular the request from Uptown Saint John Inc., the Saint John Parking Commission is recommending the following course of action: I. Approve free unrestricted parking at the parking meters on Saturday for atrial period of one year. Summer is not the busiest time and a useful test should probably last a year. Ii. The Saint John Parking Commission will carry out parking surveys on Saturdays to access whether the needed turnover of parking is being achieved. III, The Saint John Parking Commission in conjunction with Uptown Saint John will submit a report to Common Council in approximately six months with an update on the issue of free Saturday parking. Should Common Council agree to proceed with the above recommendations, the following amendments to the parking meter bylaw would be required and should proceed as follows: Give 1" and 2nd readings to changes to the Parking Meter Bylaw as outlined below and - Refer to the Legal Department for appropriate action: the rp Bylaw Section 7: The provisions of Section of Section 6 shall apply on Monday to Saturday as follows: Monday to Friday 8:00 a.m. - • p.m. Saturday 8:11 a.m. - 1 p.m. Yours truly, Mike l3rorvM `` Chairman Saint John Parking Commission MMMIND"i As a result of an initiative from Common Council, Uptown Saint John Inc. was asked to express its views regarding free parking on Saturdays in the Uptown area, LUMM-16 14) Our Board decided it could best respond to this request by conducting a survey of our commercial/retail members. We conducted a face-to-face survey of merchants on the streets most affected by this issue. While we would have preferred a broader and more scientific survey, this was simply not possible in view of the limited resources available to us, and the time constraints within which our views were to be expressed. We, nevertheless, hope our survey is basically representative of Uptown merchants most affected by this issue. A copy of the survey we circulated is attached to this report (Appendix A), A copy of the tabulation of results is also attached (Appendix B), uptown Saint John Inc. um As will be apparent from Appendix A, we decided to summarize the present situation, to avoid misconceptions, The advantages and disadvantages of the proposal were set out as per our own understanding of them. A representative of each surveyed business was then asked to respond their preference amongst the following three options: Free two-hour limited Saturday parking; 2. Unlimited free Saturday parking; 36 Maintenance of status quo. option (a) was suggested from within our Executive as a means by which free parking could be provided, whilst discouraging all-day parking by employees, which had been raised as the principal objection to the overall goal of greater customer draw to the Uptown area As uptown businesses were being consulted on the Saturday parking issue, we also solicited additional comments of our member businesses, as this presented a good opportunity to do so. P Almost all of the 87 businesses surveyed favoured free all-day parking on Saturdays within the uptown area. A mere 6% preferred maintenance of the status quo. Uptown Saint John Inc. Pg.3 Within the majority, by far most businesses 70% favoured unrestricted free parking, while 24% favoured two-hour limited While residents within our geographical area were not surveyed (due to limited resources and time available), we do not feel predominantly residential areas within the Central Peninsula would be adversely affected by this change. On the contrary, by permitting free parking at 'metered spaces, drivers who might now tend to utilize existing free hourly parking zones (e.g., portions of'Germain Street, Canterbury Street, etc.) will gravitate back toward the free metered spaces. A beneficial effect is therefore anticipated for residential areas of the Peninsula surrounding the central commercial core. While parking in the Uptown area is already free to a significant extent on weekends (where Parking Commission parking lots do not charge fees), we also see a beneficial psychological -effect by being able to advertise parking at metered spaces and Parking Commission parking lots as being totally free on Saturdays. Uptown Saint John Inc. therefore recommends the City Of Saint John immediately adopt unlimited, free, all-day parking Saturdays at metered spaces in the Uptown area. We feel that the positive effects for trade will more than outweigh any loss of revenue from meters and violations. Uptown Saint John Inc. Pg.4 OTHER RESULTS In the course of this survey, our members have also identified some thoughtful suggestions relating to weekday Uptown parking. We would like to take this opportunity to share these with you. The following recommendations are viewed as ways of enhancing the current management of uptown parking for the benefit of merchants, other business and property owners, as well as residents of our city centre. Uptown Saint John recognizes that parking meters are a management tool which are used to create turnover and availability of the prime parking locations for customers in our city centre. This as an important objective - especially during peak demand periods and in prime locations. We are concerned, however, that parking meter monitoring during off- peak hours - such as Saturday mornings - as well as early weekday mornings and late afternoons, may be having an adverse affect on efforts to attract and retain customers at these times. The following suggestions, therefore, are not provided with an eye to over-hauling the parking management system in uptown Saint John. Alternatively they are intended as measures which might fine-tune the existing operation to bring it more in-line with current demand and supply: 4. In selected portions of the uptown, replace meters with two-hour or one-hour free parking on weekdays; Uptown Saint John Inc. LUM 5. Review the location and demand for loading zones with consideration to the zones being made available to all vehicles for 15 minute or half-hour parking; 6. Reduction of hours of operation of meters on weekdays from the present 8:00 a.m.-6:00 p.m., to 9:00 a.m.-4:00 7. Review the location of taxi stands and enforce prohibitions against taxis sitting in non-designated parking spaces; 8. Explore some sort of revenue assessment mechanism so that commercial malls with free parking contribute to municipal parking revenue. While we recognize that some of the foregoing may seem impractical or may have adverse effects on municipal revenue, Uptown Saint John would suggest that these recommendations are worth further review and discussion. Uptown Saint John Inc., therefore, would welcome the opportunity to meet with representatives of the Saint John Parking Commission to review the current parking management policies in the uptown and make adjustments where necessary to ensure that these policies are synchronized with the broader economic development Uptown Saint John Inc. goals of the uptown, including its retail and property owners as well as the City of Saint John. Respectfully submitted by: Colin Whitcomb, President UPTOWN SAINT JOHN INC. 40 King Street Saint John, New Brunswick E2L IG3 Phone: (506) 633-9797 E-mail: uptownsj@nbnet.nb.ca Q\MyFi1es\parking,-pd a Uptown Saint John, Inc. Parking Survey The following table indicates the response to the Uptown Saint John, Inc. Parking Survey. From (1) being most preferred to (3) being least Results: June 23, 1999 ilumber of Responses Received: 87 second option of Unlimited Free All-Day Saturday Parking. NB. Numbers in this table may vary from the report numbers due to many responses indicating a preference exclusive to Option 2. Current Situation: The Saint John Parking Commission, uptown parking lots are free all day Saturday and Sunday. Metered on street parking is in effect from 8:00am — 1:00pm Saturday morning, with the meters being free after 1:00pm. The only period now under consideration for change is therefore 8:00am — 1:00prn Saturday. Uptown Saint John Inc, has been asked to indicate the opinion of its members and businesses re free meter on-street parking all day Saturday. Potential Advantage IDisadvantages: 0 Increased customers uptown. With unlimited free parking employees who work in the "Uptown" might use the meters all day on Saturday, thereby reducing parking space turnover of meters to customers shopping in the uptown. a Loss of revenue to the City of Saint John. R M (I — Most Preferred 3 — Least Preferred) Unlimited Free All Day Saturday Parking 1 2 3 Maintain Status Quo 1 2 3 Additional Comments: at FPITO� �1- M. NO NFIN I REMOV�ffl"", Saint Jahn industrial P.O. Box 1971 Parks Ltd. Saint John New Brunswick Canada B2L 4L.1 July 8, 1999 MIUMUCUR Tender 99-081201T 506 6,ltc,-r t; 70 Fax 06 658 -2837 C, City of saintAn As per the 1999 Industrial Park Capital Program tender documents were prepared and issued for construction of the new alignment of McIlveen Drive in McAllister Industrial Park. The tender for this project closed on July 7, 1999 with three bids being received. The bid results are as follows: Nautilus Construction $219,259.80 Fairville Construction $217,529.00 L. Halpin Excavating 5215,854.00 All bids were all below the engineer's estimate of $250,000 and within the planned budget for this project. The Board of Saint John Industrial Parrs Ltd. has reviewed the tender results and had endorsed the acceptance of the low bid. Ill rls[i]►'� I 1 N WIffla It is recommended that Tender 99-08120 IT: Roadway Construction and Services, Mcllveen Drive be awarded to the low tenderer, L. Halpin Excavating Limited at their tender price of $215,854.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, .4tIN N 1FA LTD. Councillor Peter Trites PRESIDENT Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Councillors-, At a meeting of the Saint John Board of Police Commissioners held on July 6, 1999; the following resolution was adopted: "Resolved that the 1999-2001 Working Agreement between the City of Saint John, I.B. - Board of Police Commissioners the Employer, and The Canadian Union of Public Employees, Saint John Police Support Staff Union No. 486, C.L.C., the Union, be, and is, hereby, approved, and that the Chairman and the Secretary be authorized to sign the two Memorandums of Agreement dealing with a Job Evaluation Program and Entry Level Positions." Vni1rc frilhT C: Andrew Beckett Commissioner of Corporate Services Terrence L. Totten City Manager PO Box 1971, Sairyt John, NB Canada E2L 4LI IR1441EVED COOM CLIERK"q MWE OTIMM Mime: 506-674 Fax: 506-632 Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Councillors: 111"' =1111M Several months ago Common Council gave its approval to allocate the office space on the Lobby Floor of City Hall presently occupied by the Cashier's Office to the Saint John Police Force for use of the Differential Response Unit, A variety of situations delayed the relocation of the Cashier's, Office, and prevented the expansion renovations from going forward. With the approval of the City of Saint John 1999 budget, the board was informed that the space would be made available to the Police Force within the next six months. Chief of Police Cogswell advised the Board at a meeting on July 6, 1999, that he was informed that the Cashier's Office would not be moving out of the area in the near future, therefore, the space that was to be turned over to the Saint John Police Force would have to be reduced. The Board has asked that they be informed how much space will be allocated to allow expansion of the Differential Response Unit's Office, and when that Space will become available to the Force to permit the renovations to begin? C: Chief C. E. Cogswell PO Box 1971, Saint John, NB Canada E2L 4LI NIIh-'QI-aEiVF-InII Mkv" CLEK191 OWE Phone: 506-674 Fax- 506-631 Saint John Board of Police Commissioners Her Worship Mayor Shirley A. McAlary And Members of Common Your Worship and Councillors- V v i f 1 '� 1, ! I : � At a meeting of the Saint John Board of Police Commissioners held on July 6, 1999, the following resolution was adopted: "Resolved that the Chairman and Chief of Police be authorized to sign the documents relating to the Settlement Agreement of Keith Langford," Chairman C: John Nugent City Solicitor EMEREM (13TY OF INT . Of )"11 INI PO Box 1971, Saint John, NB Canada E2L 41.1 Phone: 506-674. Fax: 506-63Z Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Councillors: a Common Council at a meeting on May 3, 1999 referred a letter from Business- Centre Kings Square Ltd. to the Saint John Board of Police Commissioners. The Board received a verbal report at its meeting on July 6, 1999 that action was taken by the Force and by St. Malachy's High School to resolve the situation. The Board realizes that similar problems may occur when the school year resumes in September, and adopted the following resolution: "Resolved that the situation identified in the letter froth Business-Centre Kings Square Ltd. April 20, 1999 be referred to the Chief of Police to take whatever action is necessary to resolve the situation, and report to the Board." Yours Keyes C: Chief C. E. Cogswell Mr. Paul Daeres PO Box 1971, Saint John, NB Canada E2L 40 RRI E D COWN CLERKS OWME, Phone: 506-674• Al_ W, 0) Fr" Fax: 506-632. VAT, IftW11,111- Itt,�W July 2, 1999 Mayor and Common Council City of Saint John PO Box 1971 Saint John, N.B. Dear Mayor & Council: Re. PRB Membership Due to time constraints over the next several months I will be unable to fulfill my commitment to the Preservation Review Board. It is with regret that I must step down from the Board at this time. My time with the Board has been fulfilling and I look forward to continuing to offer information to the Board when it is needed. Yours truly,. Harid E. rig' PO Box 632 Saint John, N.B. E2L 4R7 WycrF P.D. Darrah July 2, 1999 Mayor and Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Rea Proposed East side garage Your Worship and Council: I have some concern with regards to the location of the proposed East side depot for the Works Department. I would recommend that you take a second look at this, as this is a very valuable piece of commercial property and would benefit the City's tax base if developed for commercial use. I believe, a better location would be off the thru-way on the Ashburn Lake Road somewhere in the vicinity of Alpine Motors. This would enable Council to take a serious look at closing the Millidgeville depot and using the new depot in this location to serve East, Central and North End. You are going to build a new road to connect between the thru- way and McAllister Drive. This would be a golden opportunity to look ahead and put the Service Center garage in the location that would equally serve the three parts of the city. This suggestion, I believe, would benefit the City's operational costs as it would be cheaper to run one depot than two. Also, it would leave the McAllister Drive location for Commercial use and allow the City to sell the Millidgeville Garage location for Commercial or Residential development to generate a higher tax return to the City from both locations. AEGEOVIE-10, COMMON CLERn dw0f RM03U,jR, ,g2j,, (�IV L W 611-F, 11;Z ki� ?Wr, �I MOKI Yours truly, Patrick D. Darrah 23 June, 1999 Her Worship Mayor Shirley A. McAlary PO Box 1971 Saint John, NB E21, 4I_,1 Dear Mayor McAlary, I wish to thank you for taking the time from your busy schedule to meet with me yesterday morning. I enjoyed our meeting with Ken Galbraith and the chance to exchange information regarding Saint Mary's Band. It was, indeed, gratifying to hear that both you and Ken support the Band's efforts and our desire to do more for the City. As the City's only remaining Brass and Deed community banal, our presence at City events should be more visible. As I mentioned at our meeting, the Band has received a substantial grant from the 'Saint John Foundation for the purchase of new uniforms. The current Band uniform has a crest indicating that it is from Saint John and we wish to continue with the inclusion of the City name on the new uniform. Accordingly, I hereby request financial support from the City in the amount of 2 000.00 for the „purchase of_._., embroidered wire cresting for the new Band uniforms. I respectfully ask. that you support my request and presslit'itto`10,ly" ri&1176z- consideration. Should this request receive favourable consideration froze. Council, the Band would be pleased to include a statement of funding support from the City in our concert brochures. I have taken note of your possible requirement for Saint Mary's Band on 18 May 2000 and will be happy to tentatively reserve this date for your proposed event. Once again, my sincere thanks for permitting me to visit with you yesterday and I look forward to our continued cooperation regarding the services of Saint Mary's Band. Robert M. Kennedy, M.M.M., C.D. President 4. t Canadian - e Figure Skating Association Association canadienne de patinage artistique June 25, 1999 Mayor & Council C/o Common Clerk City of Saint John P.0, Box 1971 Saint John, NB E2L 4L 1 Honorable Shirley A. McAlary and Members of the Common Council; The Canadian Figure Skating Association is pleased to be returning to the city of Saint John for the 1999 Sun Life Skate Canada international. s� November 4 -7. million into the local economy and is schedule d for Harbour Station, over 20,000 spectators are expected to attend the four day event with an estimated 1,500 hotel room night booked for the event and an additional 2,000 room nights reserved by spectators. An average of nearly 1.5 million viewers will watch daily during 12 hours of national television coverage on the CTV Television Network. In the past five years, the Canadian Figure Skating Association has staged three major events in the city of Saint John including this year's competition, the Intern orldl. Junior Figure Skating Championships and the 1995 Sun Life Skate would like to request that the city of Saint John support the event as a local sponsor in a similar capacity to the support received in 1995 and 1998. Our proposal is that the city of Saint John become a platinum level sponsor of the event. This level of sponsorship is valued at $15,000a s a d would l in volunteer co tion mbi na of goods and services and cash donation to offset c and a local sponsor reception. Full benefits will be provided through this sponsorship as well as the opportunity for a city representative to speak at the Opening Ceremonies, local volunteer reception and local sponsor reception. Please feel free to contact me if you require additional details concerning the enclosed. Thank you in advance for your consideration of this proposal. Regards, David Dore Director General 1600 James Naisrnith Drive, Gloucester, Ontario KIB 5N4 Tel: (613) 747 -1007 Fax: (613) 748 -5718 e- mail: cfsa@cfsa.ca www.cfsa ca { 1600 promenade Jaynes Naismith, Gloucester (Ontario) K1B 5N4 TE : (613) 747 -1007 T616c.: (613) 748 -5718 C. elec.: cfsa@cfsa.ca www.cfsa.ca fife (r f, d 0M � t , }' R 11 11 t- Ll Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John R 0. Box 1971 Saint John, NR E2L 4Z6 One Market Square SaintJohn New Brumwick M -L 46 Tel: (506) 658-3600 BPIF ": (506) 658. 60 R:; Buskers Uptow n FeslivL I The Buskers Uptown Festival will be returning to Saint John from July 23 to 25. The annual parade of jugglers, mimes and musicians . will perform in Centre Court of Brunswick Square, and in the Atrium and boardwalk area of Market Square. During its tenure, the Buskers Festival (now entering its ninth year) his always been major crowd pleases at the Market Square 'Boardwalk, We would request the use of the Boardwalk area for our afternoon and evening performances so as many people as possible can take in the excellent entertainment which will be offered. Proof of insurance coverage will follow upon. request. Thank you for your attention to this exciting event and if any further information is required please do not hesitate to call me at 658 -3600.