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2005-08-15_Agenda Packet--Dossier de l'ordre du jourCOMMITTEE OF THE WHOLE MEETING 1. 5:00 p.m. — Call to Order 2. Freedom of the City 10.2(4)(b) (Referred Aug. 2, 2005) 3. Personnel Matter 10.2(4)0) 4. Legal Session — Oil Spill on Old Black River Rd. 10.2(4)0 5. Legal Session — Official Languages Act - Litigation 10.2(4)(8) REGULAR MEETING 11 5:30 p.m. - Call to Order— Prayer 1.2 Approval of Minutes (August 2, 2005) 1.3 Approval of Agenda 1.4 Members Comments PRESENTATIONS 2.1 Department of Health & Wellness — Tobacco Sales to Minors 2.2 Operational Review Program PUBLIC HEARINGS 41 7:00 p.m. (a) Proposed Zoning By-law Amendment to re-zone a parcel of land with an area of approximately 734 square metres located at 61 St. Coeur Court, also identified as being PID Number 55060115 from "R-1A" One Family Residential to "SZ#16" Special Zone # 16 classification to permit the existing group home for senior citizens to be expanded from six occupants to a maximum of ten occupants as requested by David & Phyllis Arseneau (b) Report from Planning Advisory Committee recommending the proposed re-zoning amendment be denied (c) Communication in opposition to the re-zoning (d) Request from applicant to withdraw application 4.2 7:00 p.m. (a) Proposed Municipal Plan Amendment to re-designate on Schedule 2-A of the Municipal Development Plan, a parcel of land with an area of approximately 3.8 hectares located at 221- 225 Chesley Drive, also identified as being PID Numbers 55172662 & 55172688 from Business Park to Low Density Residential to permit a revised proposal for a residential subdivision consisting of single and multi-level townhouses and several condominiums as requested by Hughes Surveys & Consultants Inc. on behalf of Bentley Properties Inc. (b) Proposed Amendment to Section 39 Conditions imposed on the July 3, 1973 re-zoning of the subject property located at 221-225 Chesley Drive to permit a revised proposal (c) Report from Planning Advisory Committee recommending the proposed Municipal Plan & Section 39 Conditions amendments 4.3 7:00-p.m.(a) Proposed Zoning By-law Amendment to add to the list of zones in Section 30(1), and adding special zone # 18 as Section 740(18) as submitted and to re-zone a parcel of land with an area of 971 square metres located at 68 Tudor Lane also identified as being a portion of PID Number 00422691, from "R-2" One and Two Family Residential to "SZ#1 8" Special Zone #18 classification to allow for the construction of a suite for an elderly family member as part of a semi-detached dwelling, as requested by NJP Developments Inc. (b) Report from Planning Advisory Committee recommending the proposed re-zoning amendment COUNCIL MEMBERS 5,1 Gas Tax & Portfolios (Councillor Court) CITY MANAGER 6.1 Bill 80 — An Act Respecting Fair Residential Property Tax Assessment 6.2 Tender for Asphalt Walkways 6.3 Contract 2005-28 Golden Grove & Norris Roads — Road Raising & Culvert Installation 6.4 Proposed Public Hearing Date — 53-75 Leinster St. 6.5 Acquisition of Property — 211 Union St. 6.6 Residential Infrastructure Assistance # 31 Bon Accord — Phase 8 6.7 Assent to Public Utility Easements — 110 Hillcrest Rd. 6.8 Assignment of Lease — The Infusion Co. Ltd. 6.9 Lease of Space Stall No. 15 — The City Market 6.10 Assignment of Lease — 154 Germain St. West CITY SOLICITOR 7.1 (a) Proposed Traffic By-law Amendment - Candlewood Lane (b) Letter & Petition Opposing By-law Amendment COMMON CLERK 8.1 Notice to Council - Proposed Municipal By-law Amendment - 75 Eagle Blvd. 8.2 Td Reading Proposed By-law Amendment — City Market (11't & 2" Readings Given Aug. 2/05) 8.3 1` Reading Translated By-laws (a) Salvage Corps & Fire Police By-law (b) Emergency Measures Plan By-law 8.4 (a) 3rd Reading Proposed Zoning By-law Amendment — 1595 Hickey Rd. (1't & 2nd Readings Given Aug.2/05) (b) City Manager's Report (c) Section 39 Conditions COMMITTEES/COMMISSIONS 9,0 Committee of the Whole Report 9.1 Saint John Board of Police Commissioners - Request to Present 2004 Annual Report 9.2 Harbour Station Commission - Naming Rights 9.3 Planning Advisory Committee — Proposed Vesting of New Cul-de Sac Turnaround Osprey Terrace GENERAL 10.1 Letter from Bob Butler Regarding Concerns of Seniors 10.2 Letter & Petition from Lynn McGuire — Location of Ready John Inc. P.M W 111111 MMpigs & M111 I 6. 17 h — Ouverture de la reunion T Droit de cite, alin6a 10.2(4)b) (reunion du 2 ao0t 2005) 8. Question relative au personnel 10.2(4)j) 9. S6ance juriclique relative au d6versement de p6trole sur le chemin Old Black River 10.2(4)fl 10. Sbance juridique relative 6 une poursuite civile a 1'encontre de la Loi sur les langues officielles, alin6a 10.2(4)g) REUNION ORDINAIRE 1.1 17 h 30 — Ouverture de la reunion, suivie de la pribre 1.2 Approbation du procbs-verbal (2 ao0t 2005) 1.3 Adoption de I'ordre du jour 1.4 Commentaires pr6sent6s par les membres PRESENTATIONS 2.1 Ministbre de la Sant6 et du Mieux-titre sur la vente de tabac aux mineurs 2.2 Programme d'examen opbrationnel AUDIENCES PUBLIQUES 4.1 19 h a) Projet de modification de I'arr&t6 sur le zonage visant A modifier le zonage dune parcelle de terrain, dune superficie d'environ 734 metres carr6s, situ6e au 61, impasse St. Coeur, portant le NID 55060115, @fin de faire passer la d6signation s'y rapportant de zone r6sidentielle — habitations unifamiliales (( R-1 A )) 6 zone sp6ciale n' 16 << SZ#1 6 )), afin de faire passer le nombre de personnel 5g6es r6sidant daps un foyer de groupe existant de six 6 dix, la demande de David et Phyllis Arseneau. b) Rapport du Comit6 consultatif d'urbanisme recommandant le rejet de [a modification de zonage propos6e. c) Correspondance d'opposition au rezonage d) Demande du requ6rant concernant le rejet du projet de modification 4.2 19 h a) Proposition de modification du plan municipal visant 6 modifier la d6signation, 6 I'annexe 2-A du plan de d6veloppement municipal, d'une parcelle de terrain dune superficie d'environ 3,8 hectares, situ6e au 221-225, promenade Chesley et portant les NID 55172662 et 55172688, afin de la faire passer de zone de pare commercial a zone rbsidentielle de faible densM, pour permettre Vexamen dune proposition r6vis6e qui s'applique a un lotissement r6sidentiel comportant des maisons en rang6e de plain-pied ou 6 stages et plusieurs copropri6t6s, 6 la demande de Hughes Surveys & Consultants Inc., au nom de Bentley Properties Inc, b) Modification propos6e aux conditions imposees par I'article 39, le 3 juillet 1973, relativerrient au rezonage de ladite propri6t6 situ6e au 221-225, promenade Chesley afin de permettre la pr6sentation d'une proposition r6vis6e c) Rapport du Comit6 consultatif d'urbanisme recornmandant le projet de modification du plan municipal et des conditions pr6vues a !'article 39 4.3 19 h a) Projet de modification de 1'arrdt6 sur le zonage en vue d'un ajout A la liste des zones figurant au paragraphe 30(1) et de 1'ajout de la zone sp6ciale n" 18 au paragraphe 740(18), telle qu'elle est pr6sent6e, et de modifier le zonage d'une parcelle de terrain, d'une superficie de 971 metres carr6s, situ6e au 68, all6e Tudor et portant le NID 00422691, afin de la faire passer de zone r6sidentielle — habitations unifamiliales et bifamiliales (< R-2 )) a zone sp6ciale n" 18 o 5Z#18 pour permettre la construction d'une suite faisant partie d'une mason jumel6e pour un membre Ag6 de la famille, a la demande de NJP Developments Inc. b) Rapport du Comltb consultatif d'urbanisme recommandant d'apporter la modification au zonage MEMBRES DU CONSEIL 5.1 Taxe sur ['essence et portefeuilles (conseiller Court) DIRECTEUR GtNtRAL 6.1 Projet de loi 80 — Loi concernant 1'6valuation juste de fimp& sur les biens r6sidentiels 6.2 Sournissions relatives aux all6es pi6tonni6res en asphalte 6.3 Contrat n" 2005-28 relatif a l'installation d'un ponceau et b 1'616vation des Chemins Golden Grove et Norris 6.4 Date pr6vue d'une audience publique relativement au 53-75, rue Leinster 6.5 Acquisition du biers -fonds situ6 au 211, rue Union 6.6 Programme d'aide 6 ['infrastructure r6sidentielle — Phase 8 du projet n' 31 relatif au lotissement Bon Accord 6.7 Approbation de la servitude d'utilit6 publique visant le 110, chernin Hillcrest 6.8 Cession de bail pr6sent6e par 1'entreprise The Infusion Co. Ltd. 6.9 Location d'espace au march6 municipal visant 1'6tal n' 15 6.10 Cession de bail relative au 154, rue Germain guest AVOCAT MUNICIPAL 7.2 a) Modification propos6e 6 I'arr6t6 concernant la circulation sur Iall6e Candlewood b) Lettres et p6titions s'opposant a ]a modification de I'arr&6 GREFFIER COMMUNAL 8.4 Avis au conseil relatif A la modification propos6e de I'arr6t6 relatif au 75, boulevard Eagle 8.5 Troisi&me lecture dun projet de modification de I'arr6tb concernant le march6 municipal (premiere et deuxi6me lectures ayant eu lieu le 2 aoOt 2005) 8.6 Premi6re lecture de la traduction des am t6s a) Arrdt6 relatif au corps de sauvetage et de policiers-pornpiers b) Arr8t6 relatif au plan de mesures d'urgence 8.4 a) Troisi6me lecture du projet de modification de I'arrdt6 sur le zonage relatif au 1595, chernin Hickey (les premi6re et deuxi6me lectures ayant eu lieu le 2 ao0t 2005) b) Rapport du directeur g6n6ral c) Conditions imposbes par I'article 39 CQMIT S ET COMMISSIONS 110.0 Rapport du comit6 pl6nier 9.1 Bureau des commissaires de la police de Saint John — Dernande de pr6sentation devant le, conseil du rapport annuel 2004 9,2 Commission de Harbour Station relativement au droit A l'image 9.3 Comit6 consultatif d'urbanisme relativement A la d6volution propos6e concernant I'aire de manceuvre du nouveau cul-de-sac de is terrasse Osprey GtNtRALITtS 10.1 Lettre reque de, Bob Butler relative aux pr6occupations des personnel 5g&es 102 Lettre et p6tition reques de Lynn McGuire relativement 6 1'emplacement de Ready John Inc. / international awards, including the Sir Antony Fishery Award friw, -,j , � , " i "'r, g! : � 1 1 1 1 1 1 1 rZy Im li� � �ill 11 1! 2 Will I,! I pilliq Public Health Services 55 Union Street, 5th Floor Saint John, NB i, E2L 5B7 August 11, 2005 Common Clerk's Office, City Hall PO Box 1971 Saint John, NB E2L 4L I Dear Elizabeth Gormley, I am submitting a copy of the PowerPoint presentation that myself, Kristin Nyborg, Jesse Beyea, and Kara Carlson will be presenting to city council on August 15. Sincerely, Chelsea Mason Summer Student (Recreational Water Program) Department of Health & Wellness- Region 2 (506) 643 -7792 Chelsea. Mason @gnb.ca � a 4 � Certain Youth Access -To- Tobacco Restrictions -The G atest Little City in the East.. ...Has the Worst r Compliance Rate For Tobacco Sales to Minors 1, Background of the Stud , 516 stores visited across the country (91 in Saint John) ® Retailers sampled, grocery supermarkets, chain convenience, independent convenience, gas stations /kiosks, pharmacies ® Research teams: one minor (ages 15/16/17) one adult (over age19) 1 General Results Nationally, sale oom levels were weighted et82.3� 10 years ago (1995) co pliance levels in Saint John were at 52% (Lynn Ann Duffley, Canadian Cancer Society) I Tobacco Retailers Survey on Jobacco Sales to Minors (1996) 46% of all tobacco retailers have a good undoptanding of the obligation to ask for proof of age when in doubt Conclusion 0fStudy • Sales compliance levels at/ubnvo8O96 have been achieved in the majority of the cities across Canada. • Only 1 city in the country, Saint John, resulted in less than 8O96compliance. • This study ifi || suggested making efforts towards rebuilding compliance levels in cities that suffered the highest drops, which would include Saint John. FA pf We Shield Ourselves From the Truth it U • VVe are desensitized tosmoking and the impact it has on our health. • |n Canada, 45,DOQ people die per year from tobacco use. Of that number, 1,300 are New Brunswiokeno. • VVe have the highest smoking frequency perdu (18 cigarettes) im New Brunswick. (Atlantic Health Sciences Corporation, 2O81) m A study has recently been done, directed sd retailers ho provide some insight into their attitudes and practices into determining the challenges they face regarding compliance. �� Do You Feet any Personal The results of our Responsibility for Restricting Tobacco Products to Youth? survey... There was a 9.5% change in attitude A Y. N. Do You Feel an Obligation to Limit Access Youth Have to Tobacco Products Considering Both Moral and Health Implications? tment J Do you Fecl a Sense of Enforcement to SamtJohn to v 60 Vs agarflst tb 1 x� ` 0 9eQ +� °mot �Qntte,a 1a, a 0- �t ■ The Majority of . t Incentives for Not Selling to Minors Yes It Would More Enforce ment Lead to Higher Compliance Rates? i Vs agarflst tb 1 x� ` Incentives 9eQ +� °mot �Qntte,a 1a, �t ■ The Majority of . t Incentives for Not Selling to Minors Retailers know t °0 �� 19 {y�Qist� 414',§7 90 — { m 87% of retailers say there should be more enforcement and they would support it n OU Vs agarflst tb 1 x� ` Incentives 9eQ +� °mot �Qntte,a 1a, �t ■ The Majority of Incentives for Not Selling to Minors Retailers know t °0 �� 19 {y�Qist� 414',§7 90 — { what the 60 restrictions are 70 u�� 40 on Tobacco 50 9Y ¢. 30 Sales therefore 30 Better /More Incentives have 0 to be enforced. avcdJob Aoidcn-gee Morel ru. TetmnaGon or Fros obagetion Know Minimum Were Trained Ask for 1D on sales InCen #IV °3 n OU Reality Check 9eQ ea �f $ �� 19 {y�Qist� 414',§7 — { soft 7area 1 {�s a4$ {i u�� 40 tf l} ((1 i lr 9Y ¢. 30 20 p Know Minimum Were Trained Ask for 1D on sales Age about sales to "Regular Basis" Compliance rate Youth n OU Ideas. • Test Booklets for Retailers • Peer Helpers /Student Council & Teen Resource Centre • Effectiveness of Posters • 1 -800 -# for Reporting Tobacco Violations • Increase Compliance Testing • Seed Students to Undertake this Project • Positive reinforcement for retailers �J '--,Application for a Zoning By-law Amendment Demande de modification 'a ParreW sur le zonage �7 - Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur e,"'U slqllj-l-- �L /-,�j :&/11 a , Postal Code / Code postal - Telephone Number / Numdro de t6ldphone e�,— c) 9C2-6<— LY-2— Home/Domicile. Work / Travail Fax Number / Numdro dc tdl6copieur -- O'By Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse, Postal Code / Code postal Property Information / Renseignements sur la propriW Location / Emplacement t _L6 5o6'61 -, , ) Civic # / No de voirie Street / Rue PID / NIF Lot Area / Superficie du lot -7 3--V Street Frontage / Facade sur rue 32, 65 Existing Use of Property / Utilisation actuelle de la, propridtd— S)9Lz-J-/,0/,, c4lte- &,Jpe. 9,0e,""T f Municipal Plan land Use Designation Ddsignation de utilization des terres sur le plan municipal Amendment Requested / Modification demand6e J( , je Present Zoning I Zonage actuel — A Change Zoning to /Modification du nonage d and/or / ou 1:1 Text Amendment (indicate particulars) / Modification due texte (indiquez les d6tails) /0 /1// 1?11(41 Development Proposal / Proposition d'amenagement You must provide a scaled site plan that illustrates ,your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a l "echelle illustrant votre Proposition. Vous pouvez egalement fournir des photographies, des plans de hdtiment, des dessins de plan d'elevatlon et toute autre forme de renseignement Le plan doit indiquer les dimensions de la propriete`, !'emplacement de la totalite des bdtiments, des allees, des wires de stationnement, des amenagements paysagers et des panneaux de signalisation. It est important d indiquer la distance entre les limites de la propriete et les batiments, Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. IN kvide any other information about yout proposal that would be he fiat. / Fournir tout proposition qui pourrait We utile. renseignernent concernant votre Signature of Applicant / Signature du demdeur Date LI $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question ,Si vows n'etes pas le proprWaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presence demande pour que cette derniere soit mine par de Conseil communal. Signature of Owner (if applicable) Signature due proprietaire (s'iI y a lieu) Date: � � �� / � �x :� .� \� � x � A. a ° l 9 I I , t t all Av JA ° r f t l� For City of Saint John use only: Budget Number; 110 0801 442 2010 Department: Common Clerk s Office (Accoa� t 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if anti): Newspaper Insertion Dates (Cheek as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, July 19, 2005 Tuesday, August 9, 2005 Date(s): Date(s): Information for Ad (Boldface N in Ad, Centre, Tab, Section Headline ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice RE: 61 ST. COURR COURT 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, August 15, 2005 at 7:00 .m., by. Rezoning a parcel of land with an area of approximately 734 square metres, located at 61 St. Coeur Court, also identified as being PID 55060115, from "R -1A" One Family Residential to "SZ #16" Special Zone #16. REASON FOR CHANGE: To permit the existing group home for senior citizens to be expanded from six occupants to a maximum of ten occupants. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, 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. OBJET: 61, LOUR SAINT COERR Par les presentes, un avis public est donne par lequel le consed communal de The City of Saint John indique son intention de modifier I'arrete sur le nonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra Ie lundi 15 aoiit 2005 a 19 It en apportant les modifications suivantes: Rezonage dune parcelle de terrain d'une superficie d'environ 734 metres carres, situee au 61, tour Saint Coeur, et portant le NID 55060115, de zone r6sidentielle — habitations unifamiliales «R -1A» a zone sp6ciale n° 16 « SZ #16 a>. RAISON DE LA MODIFICATION: Perrnettre que la residence existante pour personnes agees soit agrandie pour permettre un maximum de 10 occupants. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou an bureau de 1'urbanisme et du developpement a ]'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de to the undersigned at City Hall. modification par ecrit a I'attention du soussigne a l'hotcl de ville. D Y -.L,A W IN t71YlD R 4-F. l UU- 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 with an area of approximately 734 square metres, located at 61 St. Coeur Court, also identified as being PID 55060115, from "R -1A" One Family Residential to "SZ #16" Special Zone #16 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. 2005 and signed by: Mayor /Maize ARRh:TE - C.P. 100 - ARRETE MODIFIANT L'ARRtTk SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1953, est modifie par: 1 La modification de 1'annexe «A >>, Flan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 734 metres carres, situee au 61, tour Saint Coeur, et portant le NID 55060115, de zone residentielle — habitations unifamiliales <<R -IA» a zone speciale n° 16 «SZ #16 ». - touter les modifications sont indiquees sur le plan ci -joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 5f i Planning Advisory Committee August 10, 2005 Your Worship and Councillors: SUBJECT: Proposed Rezoning 61 St. Coeur Court P.C. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4LI 1 I City of Saint John On July 18, 2005 Common Council referred the above matter to the .planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 9, 2005 meeting. The applicant, Mr, Dave Arseneau, attended the meeting and addressed the Committee in support of the proposal. He expressed agreement with the staff recommendation and indicated that the proposed addition could be modified so that a rear yard variance would not be necessary. A number of neighbouring property- owners, all residents of St. Coeur Court, attended the meeting in opposition to the proposal. James McMillin, Helen LeBlanc, Keith Bishop, Martin Morin, Dan O'Brien, Susan Benjamin, Sheila Larkin, Pat O'Brien, Sherry Seeley, David Holland, Ray Sheehan and Susan Calhoun addressed the Committee. The residents indicated that there is no concern with the existing operation, but they are against any expansion beyond the present maximum of six beds. The concerns included the potential for future proposed changes to the nature of the facility, potential for increased traffic and its effect on safety, loss of privacy and impact on property values. They also indicated that, in their opinion, the proposed expansion would have a negative impact on the "family nature" of their neighbourhood. The Committee also received seven letters and a petition in opposition to the proposal (copies attached). After considering the report, letters, petition and presentations, the Committee decided to recommend that the proposed rezoning be denied. The Committee also resolved that, in the event that the rezoning is approved by Council, the use of the property be restricted to a seniors special care home only, and that the applicant enter into an agreement pursuant to Section 101 of the Community Planning Act in this regard. Planning Advisory Committee August 10, 2005 That the proposed rezoning be denied. Respect fully submi r Stephen Horgan Vice - Chairman RGP /r Attachments Project No. 05 -212 Page 2 FROM. PLANNING AND DEVELOPMENT SUBJECT: Name of Applicant: David and Phyllis Arseneau Name of Owner- David and Phyllis Arseneau Location: 61 St. Coeur Court PID: 55060115 Municipal Plan: Low Density Residential Zoning: Existing: "R -l. A" One Family Residential Proposed: "SZ# 16" Special Zone #16 Proposal: To expand the capacity of an existing special care home from the present maximum of six to a maximum of ten senior citizens Type of Application: 1. Rezoning 2. Conditional Use 1 Variance to permit a rear yard of 6 metres (20 feet) for a proposed addition to the special care home, 11", David and Phyllis Arseneau Page 2 61 St. Coeur Court August 5, 2005 whereas the Zoning By-law requires a minimum rear yard of 7.5 metres (24.6 feet) 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, August 15, 2005. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. 1. That Common Council rezone a parcel of land with an area of approximately 734 square metres, located at 61 St. Coeur Court, also identified as being PID 55060115, from "R-IA" One Family Residential to "SZ416" Special Zone #16. 2. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a special care home for up to ten senior citizens at 61 St. Coeur Court. 3. That the Planning Advisory Committee deny the requested variance to permit a rear yard setback of 6 metres (20 feet) for the proposed addition to the special care home. Municipal Operations and Engineering has no objection. Building and Technical Services advises that the following would be required by the Building Inspector's office, based on 12 sleeping rooms (10 special care beds and 2 for host family): • Fire alarm system • Minimum 45 minute fire resistance rated separations between adjacent rooms and suites, including rated doors, self-closures and latches • Smoke alarms, emergency lights, bedroom window requirements, etc. David and Phyllis Arseneau Page 3 61 St. Coeur Court August 5, 2005 Fire Department advises that it has no objection to the application provided that the following conditions are adhered to: e The increase in residents necessitates that the applicant would be required to install a sprinkler system as per the Office of the Fire Marshall for the Province of New Brunswick. 0 The existence of a sprinkler system will necessitate that the applicant install a fire alarm system as per the National Building Code. Transit Commission has submitted no comments. N.B. Department of Community Services confirms that the premises are currently licensed as a special care home for up to six seniors. There have been no problems with the operation. Before the home may be expanded, the department would require confirmation from the City that the property has been rezoned to permit the increase in number of beds. ANALYSIS: Site and Neighbourhood The subject site is located on St. Coeur Court, a short residential street off Manchester Avenue in West Saint John, This is a low density residential neighbourhood containing a mix of newer one- storey, two-storey and split-level one-family dwellings on urban-sized lots, as well as a large church complex that fronts on Manchester Avenue. The site has a frontage of over 30 metres (100 feet) on the street and a lot area of approximately 734 square metres (7,900 square feet), which is typical of the residential lots in the neighbourhood. The lot narrows toward the rear, so that the length of the rear lot line is only about 9 metres (30 feet). The property abuts five other residential lots on the sides and rear and is quite exposed on all sides. There is a small accessory building located in the rear yard. The main building on the property is a well-maintained "side - split' style dwelling that has been used for several years as a six-bed group home for seniors (i.e. a special care home). There is an existing paved driveway off St. Coeur Court with space for three or four cars. In addition to the special care home operation, the applicants occupy the dwelling as their principal residence. Proposal As noted above, a group home for up to six senior citizens has operated from the subject site for several years. Building permit records indicate that the operation was first established in 1989 by a previous owner. The present owners took over the operation in 2003. The home is licensed as a Level 2 home, meaning that the seniors are ambulatory and do not require a high level of nursing care. David and Phyllis Arseneau Page 4 61 St. Coeur Court August 5, 20105 The applicants propose to expand the facility to provide care for up to ten senior citizens. The proposal includes an addition to the rear of the existing building containing four additional bedrooms, as illustrated on the attached site plan. The applicants indicate that they will continue to live in the expanded facility. The attached site plan indicates that the applicants contemplate widening the driveway in front of the house to accommodate up to six cars. It should be noted that this type of parking arrangement is not appropriate, even in a commercial area, and is not permitted by the Zoning By-law, In any event, the proposed expanded operation requires only a minimum of three off- street parking spaces to be provided, which can be accommodated in the existing driveway. The subject property and surrounding area is zoned "R -IA" One Family Residential. This zone permits a group home, subject to a minimum separation distance of 3001 metres (984 feet) from another group home on the same street, and 90 metres (295 feet) from another group home in any other direction, The subject property meets these separation requirements. The By -law's definition of a group home, among other things, limits the maximum number of residents to six. The applicants' proposal to increase the capacity of the facility is not permitted under the existing zoning. The applicant has therefore requested that the site be rezoned to "SZ 416" Special Zone #16 in order to permit the proposed expansion. This special zone category was created in 2004 for a similar proposal on Meadowbank Avenue in Millidgeville. The permitted uses and standards for the "SZ #16" zone are exactly the same as those for the current "R -1A" One Family Residential zoning of the property, except that the zone also permits a special care home providing accommodations far not more than ten senior citizens. Previous to creation of this zone, similar proposals were handled by rezoning to the "IL -1" Neighbourhood Institutional zone. The "special zone" approach was introduced last year as a response to concerns that had been expressed with respect to the perceived negative connotation of an "institutional" zone and the additional range of uses that are normally permitted in such a zone, notwithstanding that they could be restricted pursuant to Section 39 of the Community Planning Act. Proposed Rezoning-and Variance The subject property and surrounding area is designated Low Density residential by the City's Municipal Plan. The Plan's policies envision that various types of residential accommodation and local institutional uses (such as churches, schools, small clinics and nursing homes) will be permitted in these areas. These institutional uses are considered to be compatible with residential neighbourhoods. However, non - residential uses are required to observe suitable standards so that they do not become a nuisance or result in depreciation of adjacent residential uses. The basic site requirements are contained in the "IL -1" -Neighbourhood Institutional zone standards, and include increased minimum yards and limitations on building heights and lot coverage. These are especially important for larger institutional uses in residential areas, such as large nursing homes, schools, or the church property that is located to the north of St. Coeur Court. In this David and Phyllis Arseneau Page 5 61 St. Coeur Court August 5, 2005 case, the proposal is limited to a maximum ten -bed special care home. The proposed "SZ416" zoning limits the use of the property in this manner and contains the same standards as the present zoning, ensuring that the lot development remains consistent with the character of the surrounding neighbourhood. The use of the subject property as a senior citizen home appears to be compatible with the surrounding residential area and has not resulted in significant adverse impacts on adjacent residential uses. The building and property are in similar condition to other properties in the neighbourhood and there is no exterior evidence that it is being used any differently than the adjacent dwellings. The proposed increase in number of residents to a maximum of ten is similar to that of several other adult care facilities in the City that have been integrated successfully into their neighbourhoods. to this regard an important consideration is the proximity of other facilities. There are no other similar facilities in the immediate area and, therefore, the proposed rezoning of the subject site will not create an undue concentration of care facilities in the neighbourhood. Parking is required at a rate of one space for every six group care beds plus 1.25 spaces for the residential use. Using this formula, the total off - street parking requirement for the expanded facility is three spaces, which, as noted above, can be accommodated by the existing driveway. Parking is permitted on St. Coeur Court and can accommodate visitors to the facility, in a manner that is similar to parking for visitors to other properties on the street. Given the above observations, the proposed rezoning can be supported. As the special zoning, by its nature, limits the use to the applicant's proposal andlor uses that are currently permitted in the "R -1A " One Family Residential zone, it would not appear necessary to attach Section 39 conditions on the rezoning. While the proposed rezoning can be supported, the requested variance for a reduced rear yard to accommodate an addition to the building is of concern. The subject site already has a rather small rear yard area due to the width of the lot at the back. As suggested previously, the subject site abuts five other residential lots on the sides and rear and is quite exposed on all sides the rear. There is no significant screening of the site from the neighbouring properties. It is therefore important that any addition to the physical size of the building be within the normal residential zone standards, which require a rear yard setback of at least 7.5 metres (244.6 feet). A reduction in setback as proposed by the applicants is not recommended. This may affect the ultimate capacity of the home if all of the additional residents cannot be accommodated within the existing structure or a smaller addition. Technical Re uirements If the rezoning is approved by Common Council, it will then be necessary for the applicant to obtain a permit for the proposed expanded facility. At that time, the Building Inspector's office will require detailed plans to ensure that the National Building Code requirements of the use are David and Phyllis Arseneau Page 6 61 St. Coeur Court August 5, 2005 met. The licensing and ongoing operation of the facility is the responsibility of the Adult Residential Services Branch of the N.B. Department of Family and Community Services. The operation will be required to comply with that agency's regulations. Conditional Use In addition to the opportunity for Common Council to impose Section 39 conditions on the rezoning, the "SZ9 16" zone provisions provide an opportunity for the Committee to consider and impose its own conditions upon the establishment and operation of a special care home providing accommodations for not more than ten senior citizens. No additional conditions are being recommended; however, the proposal has been circulated to neighbouring property- owners, who may suggest conditions for the Committee's consideration. If any conditions are deemed desirable, it would be preferable that they be imposed by Common Council pursuant to Section 39 of the Community Planning Act so that they would be registered on title in the Registry Office. The existing use of the property to provide a home for up to six senior citizens appears to have had no adverse impact on the neighbourhood, as is the case in similar situations throughout the City. The larger facility being proposed is an appropriate type of use in residential areas, provided that an undue concentration of such uses does not threaten the long-term viability of the neighbourhood's residential environment, and the size of the facility is limited. There are no similar facilities in the area of the subject site and the "SZ416" zone provisions will limit the size of the facility to the applicant's proposal. Approval of the proposed rezoning is recommended; however, any proposed addition to the building should be required to comply with the yard requirements of the By-law. RGP/r Project No. 05-2 12 �iLAN NING AND DEVELOPMENT i Subject Site; site en question: Location: 61, tour Saint Coeur Court Date: July 18 juillet, 2005 Scale /echelle: 1:2000 PID(s)/NIP(s): 55060115 • � t @k� tai -S, 0 ia3 @@ 0 C9 Yc e Y@ m k4 Q R m PID(s)/NIP(s): 55060115 v - - ...: ter, t •.:.. '.:..�... - s .. .. .. ._ .. �. % .C1 f�.�/ 1 ._ 3• W ".i^,.._. ° ✓. +.`fly -: ':r -:. `•:�a'� r�.. � r .... �..., ?s --. �.;; °, :tam °��. y. _ .i �,_� ':r�t Le .R. a_s'w A sr ,a '0. -d c _ '�Od[✓.l". 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Proposed Rezoning and Variance 61 St. Coeur Court We are writing this Ietter to state our objections to the rezoning of 61 St. Coeur Court. We moved into this neighbourhood looking for a quiet residential area within the city to raise our children. At that time we were surprised to find out 61 St. Coeur Court was a special care home for seniors. We would have objected to the initial rezoning if we had lived here at the time. However, the current residence does not alter the appearance of the neighbourhood. We feel the removal of green space to create a six -car parking lot in the front, as well as the proposed addition to the back of the house, would affect the integrity and aesthetic appearance of,the neighbourhood. _This...will.sub- sequentially have a, negative cffect on the property value of our homes. We also feel., an increase in the amount of residents in the special care home will result in an increase in the amount of traffic on the street. Sincerely, Ray & Charlene Sheehan 62 St. Coeur Court Saint John Jamie & Kim O'Brien 3 St. Coeur Court Saint John �. t rt Tuesday, August 2, 2005 i Planning Advisory Committee P.O. Box 1971 Saint John, NB Canada E2L 4L1 Reference: Proposed Rezoning and Variance 51 St. Coeur Court Dear Committee Members The application for rezoning and variance dated July 2, 2005, has been received and reviewed by the residents of the neighbouring properties and has been met with the following objections: 1. Usage of the property under this rezoning application will permit up to 10 residents in the expanded group home facility. There are concerns that this may permit future changes in usage from the current extend care facility that is now in place. The current zoning and usage is consistent with the nature of the neighbourhood and fits in well with the surrounding building designs, thus any change to this should not be permitted. 2. We are concerned that the proposed addition to the property would result in a dramatic change to the nature of the neighbourhood. There are currently 24 single family homes on this very quiet family- oriented street. The current use and structure on the subject property is a reasonable fit for the neighbourhood and is not noticeably different. The proposed addition to the structure would drastically change the nature of the structure, creating what is in essence an institutional setting. The addition would also protrude into what is currently a very nice open space created by the six adjoining backyards. This expansion is so large to the point where the it requires a variance to be permitted. 3. The proposed plan also details six parking spots to be placed all the way across the front of the building, It is felt that the applicant must predict an increase in traffic if this is part of the application. It is also felt that the increased parking would detract from the appearance of the property and its fit in the neighbourhood. The increase in traffic would also present hazard to the small children in the neighbourhood. They currently enjoy the ability to move around the block safely on the sidewalk that runs around the block past this residence. By turning this area into a parking lot, we feel it will increase the risk to the many small children in the neighbourhood. 1 4. The proposal does not detail what will be done on the lower level of the addition, and there is concern that it may be used to further expand the operation in the future. 5. The effect on the property values in the neighbourhood is also a concern. It is felt that by adding this institution to a family neighbourhood, it would make the surrounding properties less attractive on a retail market as well. It will destroy the nature of the street and make it a less attractive place for families to live and as such decrease the value of the properties in the neighbourhood. The negative effect will be dramatic on the values of the adjoining properties, which currently enjoy the benefit of the neighbourly setting provided by the open backyards. With all this in mind, we the undersigned respectfully submit our objection to the proposed submission for rezoning and variance application for 61 St. Coeur Court. "�* 3 9 170 , f-7 August 2, 2005 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E2L 4L I Committee members: Re: Proposed Rezoning and Variance 61 St. Coeur Court I wish to state my opposition to the proposed rezoning and variance as outlined in your letter to me dated July 26, 2005. 1 strongly feel that owners of the property in question should not be given your approval to proceed with their plan to permit a special care Dome providing accommodations for not more than ten senior citizens. Sincerely yours, David Lake E2M 5R3 506-63549981 To: Planning and Development To: Members of City Council & Re. Rezoning and Variance off 61 St. Coeur Ct. August 4th 2005 Dear SinlMadame i am writing regarding 61 St. Coeur Ct. When we purchased our home this was a small senior home, not much traffic, and the people were very quiet. The following people who purchased the nursing home, their was a little more increase in traffic, they changed the garage into their living quarters to have more room for seniors. Now, these new people who have taken over, their has been a lot more traffic, more trucks with deliveries. The proposal says a parking lot for 6 cars, and room for six more seniors. This will definitely increase traffic and more noise. My concerns is how is this going to affect my property value, my taxes, when I go to sell my place, am I going to be able to sell because off this larger senior home. Also another one off my concerns is, how is this going to affect my children who want to go out and ride their bikes around the court, or play ball in the yard. Or go for a walk around the court on the sidewalk, they won't be able to if people are backing in and out off the street. This use to be a very quiet street, their use to be a lot off kids out playing, I know my kids stay in a lot more because my daughter doesn't feel it is safe enough to ride her bike on the road as there is too many cars. I like this area, it is a residential area, not a off street uptown, and I object to a 6 car parking lot and a extension to the present senior home. Personally, I would like to see it as a regular home, no businesses on the street, and keep it our quiet little street for our kids to have ftm and ride their bikes. Sincerely yours Sheila Larkin 1 �• �Yr QS�A� /'�G�001 ifG % /�• e�� / /C�+* [< t Ji�. [.Cd+ itj' i,. Gorm a ,Elizabeth From: Helen LeBlanc [lebhel @reg2. health. nb.ca] Sent: Wednesday, August 10, 2005 10.58 AM o: norm. mcfarland @saintjh no. ca; bill.farren @saintjohn.ca; carl.white @saintjohn.ca; christopher.titus@saintjohn.ca; glen,tait@saintjohn.ca; ivan,court @saintjohn.ca; jay.chang @saintjohn.ca; john.ferguson @saintjohn.ca; michelle.hooton @saintjohn.ca; peter. mcguire @saintjohn.ca; stephen.chase @saintjohn.ca Cc: mcmillin @nb.sympatico.ca; pat.woods @saint john.ca; elizabeth.gormley @saintjohn.ca Subject: Proposed Zoning By -Law Amendment 61 St Coeur Court Mayor McFarlane and Members of Saint John Common Council On August 15, 2005 you will be considering amending the zoning by -law for 61 Saint Coeur Court from, ' 1R -1A" One Family Residential to "SZ #16" Special Zone #16. I strongly encourage you to reject this request. This area is zoned for One Family Residential. It is a lovely neighborhood and an excellent place to raise a family. The existing residence at 61 Saint Coeur Court adds to the ambience of the area both in design of the structure and with the integrated presence of the seniors. Since the present owners took position of the property I have enjoyed seeing the seniors take an afternoon stroll around the court. It is a delight to see them so well cared for. The present design of the building could easily be converted back to a single family dwelling. However, since the structure already has 9 bed rooms, I feel the addition of four extra bedrooms would create an institution like structure which is unlikely to be a single family dwelling in the future. I feel this would negatively effect the property values of the area. Last night at the advisory committee meeting there was an excellent presentation by James McMillin on behalf of the home owners who are opposed to this amendment. He submitted a signed petition of said home owners. There were 15 home owners present who spoke in opposition to this request. After considerable review by the advisory committee, they voted that this amendment request be rejected by common council. I submit to you today that common council respond in support of this committee's decision and reject the request for amendment of 61 St. Coeur Court. Once you have reviewed the material which will be submitted regarding this amendment request I would be pleased to respond to any questions you have in regards to this issue. My phone number and address is listed below. Sincerely Helen LeBlanc 30 St. Coeur Court Saint John E2M 5R3 Work 632 -5535 Home 674 -1548 1 CAREA J-0-rCAR'E Ho-'-Aff 611 Sr Coeur Cou�rt Saint Rahn. N'B 696-0857 MTI MIM lie: Zoning of 61 St Coeur Court from "R.- I A" to " SZ # 16" Please withdraw this application as zoning is no longer required, In making this application we have learned that this move may cause a negative impact with in the community. Therefore we wish to withdrawal our application immediately. Jhank You, David & Phyllis Arsencau 1, 2005 <r .saintjohn,ca His Worship Mayor Norm McFarlane and Common Council The City of Saint John P.O. Box/C.P. 1971 Saint john, NB /N. -B. Canada E2L 4L1 Dear Mayor McFarlane and Fellow Councillors: PJ 1. Two recent articles in the Telegraph - Journal, dated Wednesday, August 1.0, 2005 written by Carl Davies and Tom Young caught my interest. Larry's Gulch which is actually owned by the citizens of the Province of New Brunswick and operated and managed by whichever party forms the goverrunent of New Brunswick was the subject of discussion in these articles. A major topic of discussion was the gas tax. It appears that 5 mayors out of 103 Municipalities were invited to attend. The Premier's press secretary, Chisholm Pothier, said the time at the lodge was well spent and described it as a perfect example of what the lodge should be used for. Was the meeting an attempt by the Province to sway the thinking of some of the municipal leaders by the government of New Brunswick's demand for a 63 -37 ©/o split of gas tax money that is coming from Ottawa. The amount of the gas tax is one hundred and sixteen million dollars. The municipalities want a ninety percent share, while the Premier wants more than one third going to rural unincorporated regions. The reality is that unincorporated regions are under taxed while the municipalities arc over taxed. Many people in the unincorporated areas are paying less than 65% of the cost for road and police service in their areas. Most governments have been afraid to raise taxes in these unincorporated areas for a fear of a backlash from the voters, resulting in a loss of power. Most municipalities are struggling to maintain basic infrastructures to service all the citizens who work, shop, and utilize our schools, hospitals and entertainment facilities; yet many of these people do not live within our boundaries. The gas tax revenues are seen as a way of putting the municipalities on a level playing held and His Worship Mayor Norm McFarlane and Common Council The City of Saint John Page 2 providing the opportunity to upgrade or replace our aging infrastructures. The Province made a promise that there would be "no claw back" of these funds! Therefore, we must continue to demand that the Province keep that promise or else we and the other 102 municipalities around the Province risk the loss of millions of dollars to our communities. If the Province wants to create a separate plan to assist the unincorporated areas it has the power to do so, unlike the municipalities, it has the ability to raise new revenues. My second concern deals with the portfolio system that this Council has adopted and is presently utilizing. Your Worship, you assigned me to both the environment and health and wellness portfolios. This Council also appointed you and I as the two representatives on the Fight Cities Association. To date, for whatever reason, I have been left out of important meetings and discussions that fall into the realm of my areas of responsibility assigned to me by this Council. For example, Harbour clean -up is not only an infrastructure concern but also an important environmental and health issue, while the gas tax is a major issue for the municipalities. To perform my duties to the best of my ability, I do not believe that I or any other Councillor should be over- looked or left out of meetings, whether they are held in Ottawa, Larry's Gulch or where ever else that pertain directly to the portfolio or position assigned to us by this Council!! If this criteria is not followed, I for one, will question the validity of the portfolio system Respectfully submitted, Ivan Court ls UNIX REPORT TO COMMON COUNCIL Jll OPEN SESSION August 15, 2005 NEFTIrlm His Worship Mayor Norman McFarlane and Members of Common Council 7-2,11711 City of Saint John Your Worship and Councillors: RE: Bill 80 — An Act Respecting Fair Residential Property Tax Assessment In June of this year the Provincial Legislature gave first and second reading to Bill 80 — An Act Respecting Fair Residential Property Tax Assessment. The Bill, a copy of which is attached, was introduced by the Fundy Royal MLA Eric Allaby. Staff has had the opportunity to discuss this legislation with Mr. Allaby. Mr. Allaby advises that the purpose of the legislation was to address the impact that significant increases in assessments of coastal residential properties was having on existing property owners. Significant market demand for these coastal properties is driving assessments up and making it difficult for existing property owners to keep pace with the resultant increases in property taxes. While staff can fully empathize with the concerns raised by Mr. Allaby, the proposed legislation extends far beyond simply addressing this issue and would have serious implications on the future revenue generating capacity of the City. ANALYSIS Bill 80 deals with the basis for determining the assessed value of owner-occupied residential properties in the province. As it now stands the assessed value of these properties is largely driven by general market conditions. The Provincial Assessors regularly review purchases and sales of property and building permit activity. Through analysis of this data the Assessors determine market trends and each year property assessments are adjusted accordingly, The actual increases (or decreases) in assessment experienced by a particular property owner are a reflection of market activity/trends in general proximity or "neighbourhood" as set by the Assessment Office, This can and does result in significant variations throughout the province as to the amount by which assessed values change each year. In fact, due to the number of "neighbourhoods" within the City of Saint John, there are significant variations in the changes in assessed values of properties amongst neighbourhoods within the City on an annual basis. While annual market value adjustments to property assessments may be undesirable to some property owners there is at least the comfort that the increase reflects an increase in the overall value of their property. Under Bill 80 all owner-occupied residential property in the province would be exempt from yearly assessment. The assessed value of the property would be frozen at its current level and remain frozen until such time as the property is sold to a new owner. The freeze in assessed value would be continued if the property is passed to a spouse, child or grandchild through an estate, The legislation does however allow for two possible annual increases to the assessed value of these properties. First of all if major improvements are made to the property the assessment can be increased to capture their value. Secondly through regulation the Provincial Government would be allowed to increase these assessments annually by an "appropriate inflation index". It must be recognized that property taxation is the City's principal source of revenue, At the present time property taxes account for approximately _% of City revenues. The City relies on increases in its tax base to simply keep pace with inflationary increases in our expenditures. This tax base is comprised of the assessed values of residential, commercial and non-residential properties. Essentially if assessment values do not increase then either expenditures must be cut or the property tax rate must go up. Over the past ten years the City's tax base has increased by approximately 1.8% per year. During this time commercial/non-residential assessments in total have remained largely unchanged. Residential properties, which comprise approximately 57% of the City's tax base, increased on average 3.2% per year. This increase is made up of new residential construction and market value increases in existing properties. Given the maturity of housing development within the City the most significant reason for the increase in assessment is the market value adjustment of existing properties. In the long-term financial plans presented to Common Council as part of the annual budget process staff has forecasted that our tax base will grow by approximately 2.5% per year. This future growth would be seriously jeapordized if Bill 80 were to receive approval. With owner - occupied residential assessments potentially frozen the tax base growth assumptions would have to be revised. In order to determine the magnitude of impact staff have run several scenarios through the City's long-term. financial model. By way of example the model was reworked assuming that the City's tax base were to grow by only .5% per year. This is not an unreasonable assumption under Bill 80 as we could expect that residential assessments would increase by no more than CPI and based on hi.storical trends our commericial/non-residential assessments would be largely unchanged. Under this scenario the City's property tax revenues would decline by almost $2 million each year. The net result would be that the City's tax rate would have to increase by 4.5 cents in each of the next three years to simply ensure that out revenue keeps pace with current projected expenditures, While the legislation does allow for an "appropriate inflation index" to be applied annually the provincial government would be under significant pressure to keep this percentage value low. This would result in potential confusion amongst property owners as there would be an expectation that the set "index" would be the maximum amount by which their property taxes would increase. Such would not necessarily be the case however as the assessed value is only one part of the equation, the other being the property tax rate set by municipalities. There can be no argument that property assessment is not a desirable basis on which to calculate taxation. -Property tax has been described as a regressive form of taxation given that property values are not a reasonable indicator of a person's ability to pay. That being said at the present time property taxation is the only tax revenue that municipalities have been granted by the province. It is recommended that Common Council send a letter to both the Premier and leader of the Opposition expressing strong opposition to the passage of Bill 80- An Act Respecting Fair Residential Property Tax Assessment or any similar legislation that would affect the integrity of the property assessment function. Respectfully submitted, Andr6y P. Beckett C.A. Terry L. Totten FCA City Manager 2nd Session, 55th Legislature New Brunswick 53 -54 Elizabeth II, 2004 -2005 • 1 • � 1 AN ACT RESPECTING PAIR. RESIDENTIAL PROPERTY TAX ASSESSMENT Read first time. June 28, 2005 Read second time: Committee: Read third time: 2e session, 55' legislature Nouveau - Brunswick 53 -54 Elizabeth. II, 2004 -2005 .I • LOI CONCERNANT L'EVALUATION JUSTE DE L'IMPOT SUR LES BIENS RkSIDENTIELS Premiere lecture : le 28 juin 2005 Deuxieme lecture Comite : Troisieme lecture : MR. ERIC ALLABY M. ERIC ALLABY BILL 80 An Act Respecting Fair Residential Property Tax Assessment Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as fol- lows: Application of this Act 1(1) This Act binds the Crown. 1(2) For further certainty, this Act binds all government departments and agencies. Statement of Purpose 2 The intent, purpose, and object of this Act is to ensure accessibility to residential property ownership for the peo- ple of New Brunswick. Amendments 3(1) The Assessment Act, chapter A -14 of the Revised Statutes of New Brunswick, 1973, is amended (a) by adding in section 1 the following definitions in alphabetical order: "improvement" means any renovation, addition or other improvements that are worth more than $5,000; 2005 PRO,IET DE LOI 80 Loi concernant lWaluation juste de I'imp6t sur les biens residentiels Sa Majesty, sur 1'avis et du consenternent de 1'Assem- blee legislative du Nouveau - Brunswick, decrcte Application de la presente loi 1(1) La prysente loi lie la couronne. 1(2) Four assurer une plus grande certitude, la presente loi lie tous les ministeres et les organismes gouvernemen- taux. ltnonce de 11objet 2 L'intention, le but et 1'objet de la presente loi est d'as- surer 1'acces d un droit de propryy sur les biens residen- tiels pour les Bens du Nouveau - Brunswick. Modifications correlatives 3 La Loi sur revaluation, chapitre A -14 des Lois nevi- sees du Nouveau- Brunswick de 1973, est modift`ee a) par Padionction a Particle I des definitions sui- vantes en ordee alphabetique : u amelioration >> designe toute renovation, tout ajout d'une annexe on toute autre amelioration qui a une valeur de plus de 5 000 $; Projet de loi 80 Loi concernant l' evaluation juste de l "impot sur les biens residentiels "owner- occupied residential property" means a prop- erty that serves as the owner's primary residence defined as no less than 183 days per year; (b) by repealing section 15 and substituting the fo1' lowing: 15 Notwithstanding any other public or private Act or any tax agreement, but subject to sections 15.1, 15.2, 16, 17, 17.01 and 17. 1, all real property shall be assessed at its real and true value as of January 1 of the year for which the assessment is made. (c) by adding after section 17 the followings 17.01(1) This section applies to the assessment of real property classified by the Director as owner - occupied res- idential property in accordance with any criteria that may be prescribed by regulation, 17.01(2) The assessed value of the owner - occupied res- idential property shall be exempt from yearly assessment as prescribed by section 15 and remain frozen until the owner - occupied residential property is sold to a new owner. 17.01(3) Notwithstanding subsection 17.01(7), the as- sessment of the owner - occupied residential property shall be varied appropriately, where (a) any improvements made to the property shall be taken into account which may allow for an increase in assessed value over and above the rate prescribed by regulation under paragraph 40(1)0; and a.._, C. (b) the annual assessment increases to unimproved properties shall not exceed the rate prescribed by regu- lation under paragraph 40(1 ( L 17.01(4) Notwithstanding subsection 14(3), where an owner - occupied residential property is passed through an estate to a spouse, child or grandchild, the transaction is not a sale for the purposes of this section. 17.01(5) Where an owner - occupied residential property is sold to a new owner, the new assessed value, which is established by the sale price, becomes the base for future property assessment increases if the property continues to be owner- occupied. «biers residential d'un proprietaire- occupant » ddsigne un bien rdel utilise comme la residence principale du proprietaire- occupant qui est delinie comme etaut au moins 183 fours par annee; b) par Pabrogation de Particle 15 et son renmplace- nment par ce qui suit s 15 Nonobstant toute autre loi d'interet public ou prive ou toute convention fiscale, mail sous reserve des articles 15.1, 15.2, 16, 17, 17.01 et 17.1, toes les biens reels sont evalues a leur valeur reelle et exacte au 1" janvier de Fan - nde pour laquelle Devaluation est faite. c) par t'adjoncti ©n apres Particle 17 de ce qui suit: 17,01(1) Le present article s'applique a 1'dvaluation d'un bien reel que le directeur determine comme etant un bien residentiel d'un proprietaire- occupant conformement A tout critere qui peut titre prescrit par reglement. 17.01(2) La valeur d'dvaluation d'un bien residentiel d'un. proprietaire- occupant est exonerse de 1'6valuation annuelle qui est prescrite par Particle 15 et demeure gelee jusqu'a cc que le bien residentiel d'un proprietaire - occupant soit vendu a un nouveau proprietaire, 17.01(3) Nonobstant le paragraphe 17.41(2), 1'evalua- tion d'un bien residentiel d'un proprietaire - resident doit titre modifi6e de sorte que a) elle tienne compte de toute aindlioration apportee au bien residentiel ce qui peut avoir pour effet d'aug- menter la valeur d'evaluation plus haut que Dindice prescrit par reglement en vertu de l'alinea 40(1)f); b) si aucune ammelioration est apportde au bien resi- dentiel, les augmentations a 1'6valuation annuelle ne puissent exceder 1'indice prescrit par reglement en vertu de Palinda40(1)f). 17.01(4) Nonobstant le paragraphe 14(3), lorsqu'un bien residentiel d'un proprietaire- occupant est 16gu6 dune succession a un epoux on une spouse, un enfant ou un petit - enfant, le transfert n'est pas considers une vente pour les fins de cet article. 17.01(5) Lorsqu'un bien residentiel d'un proprietaire_ occupant est vendu a un nouveau proprietaire, la nouvelle evaluation de la valeur, qui est etablie par le prix de la vente, devient la base pour les augmentations des evalua- tions futures si le bien residentiel continue a titre occupe par le proprietaire. An act Respecting Fair Residential Property Tax assessment Bill 80 (d) in paragraph 40(1)()) by striking out the period d) ii Palinea 40(1)f), par la suppression du point qui after the word "Act" and substituting a semi- colon; suit le mot a loi o et son rernplacement par un point - virgule; (e) by adding after paragraph 40(1)(1) the follow- ing: (g) respecting the selection of an appropriate infla- tionary index to limit the increases in assessed values of unimproved owner - occupied residential properties. e) par Padionction apres Palinea 40(1)1) de ce qui suit : g) concernant la selection d'un indice d'inflation ap- proprie qui limite les augmentations aux evaluations des biens residentiels des proprietaires- occupants. IREPORT TO COMMON COUNCIL V, j M & C — 2005 ®254 1 t August 2005 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT. Tender for Asphalt Walkways Tenders closed on Wednesday August 3, 2005 for the supply of all necessary labour, materials, tools and equipment required to provide asphalt and asphalt installation of replacement walkways in Queen Square. This proj ect is a part of the capital budget for the Leisure Services Department for the upgrade and maintenance of outdoor areas, ie sports fields and park lands. The walk ways in Queen Square are narrow, uneven, unsightly and unsafe. The purpose of this project is to widen, level and resurface the walk ways to make them safer for pedestrian traffic. Removal of the existing asphalt, leveling and widening will be undertaken by City forces while the supply and installation of new asphalt is intended to be provided by an external source and as a result of this tender call. ANALYSIS: Due in part to the fact that in the scheme of things this project is a "small job ", ie only a part of the project is available for competitive bidding, and in part to the fact that we are already in the midst of the construction season and companies are very busy, response to this tender was limited to only one bidder. Staff has reviewed the tender submitted by Debly Enterprises Ltd and have found it to be complete in every regard. Page Two FINANCIAL IMPLICATIONS: Preparation of the 2005 General Operating Capital Budget saw the inclusion, by the Leisure Services Department, of $57,000.00 for this project. The total cost of asphalt and asphalt installation, by external forces, will be $31,410.00, plus tax, with the balance of the budget ear marked to cover costs incurred by City forces. It is recommended that the tender submitted by Debly Enterprises Ltd., in the amount of $31,410.00, plus tax, for the supply of all necessary labour, materials, tools and equipment required to supply and install asphalt walk ways in Queen Square be accepted. s R6s egtfully subTitted, avid La an. C e B PurchasiLy Aaent T.L. Totten, FCA City Manager REPORT TO COMMON JNCIL M & C 2005 - 252 August 11, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your 'Worship and Members of Council, Contract No. 2405 -28: Golden Grove road and Norris Road — Road Raising and Culvert Installation ■ ';ran CZ City c)f Saint john This Contract consists of two projects that are approved in the 2005 General Fund Capital Program, Transportation Category as follows: 1. Renew cross culvert and raise road elevation on Golden Grove Road at Dolan Lake, 2. Renew cross culvert and raise road elevation on Norris Road at Cook's Labe. Tenders closed on August 10, 2005 with the following results: 1. Galbraith Construction Ltd. $427,062.40 Saint John, N.B. 2. L. Halpin Excavating $394,419.00 Saint John, N.B. 3. Gulf Operators Ltd. $328,860.12 Saint John, N.B. 4. Debly Enterprises Ltd. $275,060.30 Saint Jolm, N.B. The Engineer's estimate for the work was $490,422.24 MEN �� M & C 2005 —252 August 11, 2005 Page 2 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS CATIONS The Contract includes work that is charged against two 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 this project that will be performed by City forces and others. The analysis concludes that a total amount of $310,000,00 was provided in the budgets and that the projected completion cost of the project included in the Contract is estimated to be $274,146.17 including the City's eligible HST rebate — a $35,853,83 positive difference in the General Fund Capital Program. Cif l 0 E , i It is recommended that Contract No. 2005 -28: Golden Grove Road and Morris Road Road Raising and Culvert Replacement, be awarded to the low tenderer, IDebly Enterprises Ltd. at their tendered price of $275,060.30 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully-s brnitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering REPORT TO COMMON COUNCIL i +i M & C — 2005 — 249 August 10, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 53 -75 Leinster Street As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full application is available in the Common Clerk's office and will farm part of the documentation presented at the Public Hearing. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Saint John Non- 53 -75 Leinster "13-2" sec. 39 To permit a Profit Housing Inc. Street Amendment four - storey apartment building with an underground parking garage RECOMMENDATION: That the Public Hearing for the proposed Section. 39 amendment at 5375 Leinster Street be set for Monday, September 12, 2005 at 7:00 p.m. in the Council Chamber. Respcctf�ly submitted, i f J' Ji m R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development RGPIr ity of Sint John REPORT TO COMMON COUNCIL M && C — 2005 -256 t., August 11, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT, Acquisition of Property - 211 Union Street In July of 2005 the Province of New Brunswick Department of Supply and Services offered property identified as PID 12229 (211 Union Street) to the City as surplus to their needs. The subject parcel is a small parcel of land (1, 707 esq.) that houses a four storey commercial and apartment building. The building is dilapidated and in the opinion of the Building Inspector; beyond repair. The Province has agreed to sell the parcel to the City for $1.00. The City for its part may be interested in acquiring the parcel with hopes of partnering with others to demolish the existing structure and using the site for a potential new development. This proposal ensures the City addresses a dangerous and dilapidated building situation while at the same time creates a unique development opportunity. 1. That the City of Saint John acquire the fee simple absolute interest in PID number 12229 (211 Union Street) from the Province of New Brunswick (Department of Supply and Services) on or before October 31, 2005 for $1.00; and 2. That the Mayor and Common Clerk be authorized to sign any necess documents, Z Res" fully subin ed, JJ' i R Baird, MCIP omir- issioner Planning and Development FICHM Terrence Totten, F.C.A. City Manager City of Saint John �1WIMNW PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT 232"/ am 49 166 S 10 1 12 14 Is 18 20 30 40 Subject Site: Location: 211, rue Union Street Date: August/ao0t 11, 2005 Scalehechelle: 1:1500 fia 14 '1 48 44 42 24 23 3 266 268 PID(s)/N[P(s): site en question: 1 00012229 N, REPORT TO COMMON ("OUNCIL M & C — 2005 -255 August 11, 2005 Her Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT; Residential. Infrastructure Assistance ##3I Bon Accord — Phase 8 ANALYSIS:. Can May 7, 2001 Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following application has been received and qualifies for assistance as set out in the program guidelines; Ap iip cant Location # and Type Estimated of Units 2005 Assistance #31 Blanchard Homes Bon Accord Drive 15 single $90,000 Phase 8 family homes The actual amount of assistance provided will depend on the actual service costs experienced but there is considerable rock in the area. It is recommended that Common Council approve Residential Infrastructure Assistance for: ty of Saint John Planning and Development M�IATARIAV AM OILANNING AND DEVELOPMENT / URBANISME ET DIEVELOPPEMEW1 r REPORT TO COMMON M & C-2005 --- 250 August 10, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assent to Public Utility Easements 110 Hillcrest Road ANALYSIS: In June 2005 the City favourably considered the creation of two unserviced residential lots at 110 Hillcrest Road (see attachments). At that time the utility companies did not anticipate the need for any public utility easements. However, as the final plan was being prepared, it was determined that easements would in fact be required along the northerly and easterly sides of Lot 05-1 and along the northerly and westerly sides of Lot 05 -2, The purpose of this report is to recommend Council's assent to the plan with respect to these necessary easements. That Common Council assent the proposed public utility easements illustrated on the submitted photo - reduced subdivision plan, entitled Scott Brothers Ltd. Subdivision, Lots 05 -1 & 05 -2, Hillcrest Road, City of Saint Jahn, Saint Jahn County, N.B. f�`, pily submitted, , im R. Baird, MCIP Commissioner Planning and Development RGP /r Attachments Project 05 -152 Terrence Totten, C.A. City Manager MAR y of Saint Ion iV 03 -2 9 <7) z jnq;jVoVj L)puil as > "I CV ::3 E A d O -0' E? 77 'd c ' f53 DOLOL 8E IL 0 bs 9tiZtr = 02 j5 8M E. 2. -5- 1 y O C) V) U) -j 7E u V) E E.2 . S Ih E:q 1p Z5 I wq® a z PVZS .021*t.12C Zt lo E Z5 1H a 61 V E: iV 03 -2 9 <7) z or jnq;jVoVj L)puil as > "I CV ::3 O -0' E? 77 'd c ' f53 or W,bs Oltq = E)GJV 1-90 10-1 wtr4 .0G.0g.0a -e Um C L 0 u. C: 0 jnq;jVoVj L)puil 4Y6z,4N UDId "S > "I CV ::3 iT -0' E? 77 'd c ' f53 DOLOL IL 0 bs 9tiZtr = 02 . y O C) V) U) -j 7E u V) Z5 I wq® PVZS .021*t.12C Zt lo W,bs Oltq = E)GJV 1-90 10-1 wtr4 .0G.0g.0a -e Um C L 0 u. C: 0 > CV ::3 U J C6 E? 77 'd c ' L; J'f , c IL 0 Sad � O C) V) U) -j 7E u V) ma arn4 E� oW 2 Co 0 I � n-11 L- 06ZZ CN N 0 2 o Uup- Z5 '9 lo E 06ZZ CN N 0 { COUNCIL & C — 2005 -247 August 9, 2005 . His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease _ The Infusion Co. Ltd. On October 25, 2004 Common Council resolved to enter into a Lease of Space (former Betty Brite Dry Cleaner) in the Saint John City Market with The Infusion Co. Ltd. At that time the Company was owned by two individuals, Lois Dixon and Gloria Barker. On July 19, 2005 the City received a request to approve the transfer of all shares in the company to Gloria Barker. The company will continue to operate as The Infusion Co. Ltd. Staff met with Mrs. Barker to ensure the business plan was unaffected by the change in ownership and discuss the impact on the Lease. The nature of the business will remain unchanged; however a couple of lease provisions require the City's waiver. The Lease dictates no transfer of shares shall take place within 24 months of a Lease commencement, the Infusion has been a tenant at the Market for less than 1 year. It is believed this transfer of shares will help the company's ability to grow its sales and strengthen its position in the marketplace. The waiving of this clause is reasonable in this instance. The other lease provision of note is no transfer shall be permitted if the tenant is in default of any lease provision. The Infusion Co. Ltd's rents are paid in full effective August, 2005 and there are no outstanding issues of concern at the time of this report. The purpose of this report is to seek Council's concurrence to permit the transfer of all shares in The Infusion to Mrs. Barker. 1. That Common Council waive the required notice periods under clause 12.02 and 12.02ii of the lease and consent to the transfer off all shares in the Infusion Tea Co. Ltd. held by Lois Dixon to Gloria Barker; and W City of Saint lots REE Report to Common Council August 9, 2005 Page 2 2. That the Mayor and Common Clerk be authorized to execute the consent to assignment of lease and any other document(s) required to finalize the assignment. Respfully submitt d, Jiixr R. Baird, MCIP Commissioner Planning and Development IC Terrence Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL Q M & C — 2005 -243 August 10, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Space Stall No, 15 - The City Market Im, X4 1 K Angela Sagrati has been a tenant at the City Market, operating a store known as "Sagrati's" since August 1999. In the course of meeting with the various tenants of the City Market, Dave Drummond and Mrs. Sagrati were able to find common ground and subsequently a Lease was prepared for the tenant's consideration. Mrs. Sagrati reviewed the Lease and returned the document signed, ready for Council's consideration. Cary of Saint iota, The attached Lease is highlighted by a term of six years with rents that range from $21.00 psf to $31.00 psf. The tenant has also executed an indemnity and release for basement storage, which Sagrati's enjoys. The indemnity relieves the city from responsibilities for damaged goods while stored in the basement. The indemnity is attached and will forin part of the Lease. The remainder of the Lease is standard. The purpose of this report is to seek Council's concurrence to enter into a lease with Angela Sagrati for space in the City Market, 18 N. -. Report to Common Council page 2 August 10, 2005 I %1 -1. 11 Kola I ►/ 11 A _ I :r . That The City of Saint John lease Stall "15" in the City Market to Angela Sagrati upon the terms and conditions set out in the lease submitted with M&C #2005-243; and 2. Common Council give first and second reading to an amendment of the "City Market By -Law" whereby Section 5(2) is amended to add following Section 5(2)(d), Section 5(2)(e) Stall 415; and 3. further that the Mayor and Common Clerk execute the lease once the amendment is enacted. Terrence Totten, F.C.A. City Manager BT/mm-if Attachment Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. 5 -12, s.2 The parties to this lease are: The City of Saint Jahn, having its City Mall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — Angela Sagrati, 1000 Dever Road, Saint John, New Brunswick, E2M 4J3, the "Lessee" The "Rules and Regulations" attached hereto as 'Schedule "D" and the "Application for Agreement" attached hereto as Schedule "D -1" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Date of Commencement Date of Termination: Payment Dates: Place of Payment: 6 years September 1, 2005 August 31, 2011 First day of each and every month during term hereof Cashier's Office City Hall Saint John, NB This lease contains the covenants and conditions which are attached and set out in: (a) Schedule "C "; and DATED as of September 1, 2005. SIGNED, SEALED & DELIVERED In the presence of: THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: .2005. cR ®ur n. , (LEASEABLE AREA 14 S, f-) SCALE: 1/4 S LEASE PLAN for (COPIES: 8 1/2"' x 14" ARE NOT TO SCALE) 1 i LLANL V VA J 1 ALL 3rAk-t, CITY MARKET SCHED> TLE "C" ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.43; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical., plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, _ nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Gross Receipts" means the total of all gross sales and receipts from all business conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where, they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the full sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii, HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by -law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; l) "Leased Premises" means the premises Teased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year's shall mean a period of time, the first Lease Year commencing on the Commencement mate and ending on the 30 day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 31 ", save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be; n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, laud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site Areas; accounting and audit fees incurred in the preparation of the statements requrrea ro be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises frown adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D „} U) "City Market” means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the party named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained an the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stall No. 15, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Four Hundred Twenty Five Square Feet (425 ft). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of pour Hundred Twenty Five Square Feet (425 W). Together with One Hundred Twenty Square Feet (120 ftz) of basement storage space. 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased premises for and during the term of Six (6) 'Years to be computed from September 1, 2005 and fully to be completed and ended on August 31, 2011 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business'in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement bate shall be the earlier of: a) forty -five (45) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty -five (45) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of ( ) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the panties' respective. obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and _r — At'f ,-�t whntsnever. Anv deposit paid by the Lessee to the Lessor shall be returned without interest or Forthwith, upon the Commencement L1ave Uc1u�, Ur rc111U1ACU. 111 awvxuuAavv, I -- Lessee shall execute an acknowledgement of same on Lessors usual form. The Lessee shall pay all Gross Renl and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a further one (1) terns of five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty Six ($26.00) Dollars per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $743.75 monthly ($21.00 per square foot) Year 2 - $814.58 monthly ($23.00 per square foot) Year 3 - $885.42 monthly ($25.00 per square foot) Year 4 - $956.25 monthly ($27.00 per square foot) Year 5 - $1,027.08 monthly ($29.00 per square foot) Year 6 - $1,097.92 monthly ($31.00 per square foot) 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the 10" day following the end of each calendar month during the Term and including the 10"' day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and fractional month, if any) and the amount of Gross Receipts for all preceding months of such Lease Year; b) On or before the 60"' day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statement shall be duly terrified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3.03 Audit (Mandatary when rent calculation based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3.04 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in P 3.05 Deposit The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre - Authorized Payments /Postdated Cheques The Lessee may participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. In the event the Lessee opts to participate in the pre- authorized payment plan, the Lessee shall sign a form of application which is the same or similar to Schedule "D- I ", to give full force and effect to the foregoing within five (5) days of presentation. In lieu of the pre - authorized payment plan referred to above, the Lessor shall be entitled to require the Lessee to present at the beginning of each Lease Year a series of monthly postdated cheques for each such Lease Year for the aggregate of the monthly payments of Gross Rent payable on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. ARTICLE IV TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Leasc regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid ,.__. _s_ -r1 4_47 .. _.. „„ „A rho T nccwn'c nh4iaRflnttC shall not be undertaken without there being tirst ciepositea witri LEW Lessor a hLL111 W money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be. returned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicabl e legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect Z� of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by-laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by-laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the I" day of each month during the Tenn. -'� ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7,01 Use of Leased Premises The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a quick service food vendor selling the following: soups, salads, chilli, gourmet sandwiches on Pita or baguette, full breakfast menu, a hot daily meal special, IIummus, drinks, including pop, smoothies, milkshakes, coffee and tea, desserts, including cheesecake, cookies and muffins. Brand name gourmet products subject to approval, and Canadian kitchen accessories, the latter limited to 10% of selling space. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "Sagrati's" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. a) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market, The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7,01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business o not specifically e rein, r herein permits or suffers the use of the Leased Premises for any pure authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor sinless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may under this Lease or at law, to obtain an injunction requiring the Lessee to comply with have the provisions of this Section 7,01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased lPremises the siiro setnout after Section 7 O1�in the wholetof the thereafter shall conduct continuously and actively Leased premises, In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; _, ___ ......t. .1.,..o — tha regulating the hours of business. It fire Lessee ralls too en on Lfie 1_UJJJtx1GJJ%,Q"lciiL vaLo or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($254.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well -lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common. Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any tinge without the prior written consent of the Lessor; x i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request.the lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); D not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; l) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such +i,,,,, �iinii hp c„h;ert to removal by the Lessor without shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv, any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or V. a mail order business or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises, The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. 8.01 ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas, All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8,02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or ware which may be seen from the exterior the Leased Premises in a manner form a part and which i s designed keeping o enhance the business of the Lessee. arket of which th 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account �i— n.rra -f Q1,n11 c„rvive the expiration or 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8,06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non- observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non- discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all tunes throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. $.09 Lessor's Right to Enter Leased Premises a) It is not a re-entry or a breach of quiet enjoyment if . the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the tern of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry thereinn shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall. be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: i, All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof, ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional. Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty -four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent. 9,03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable afar , or damage to persons or property resulting from fire, explosion, falling plaster, steam, g water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to _r .L_ r ,,,, --- - - to Ni nrnn�rty of anv other oerson, firm or 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect: a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and /or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (.3 ) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. AR'T'ICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease,, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or eertiftcates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) 3 the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: i. There is no default of the obligations of the Lessee under this Lease; ii, The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii, A duplicate original of the documents affecting the Transfer shall be given to the Lessor. within thirty (30) days after the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer described in Section 12.01 (iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's litre of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent.. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. .d ARTICLE XIII DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right, to Re- -Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; ? first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; _. __J __._.. -n-- —P —,,.r, r Ipfrina lnrli,rlinp brokeraiae fees month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any suen deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Premises by the Lessor shalt be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of. (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent, 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;' and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Tenn and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of: i. one and one.half {1 'h) tunes the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and conditions as are set forth in this Lease, except as to duration of and otherwise upon the same terms Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article X11 is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction Na payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. " 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. ]Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct, of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Real Estate Services, The City of Saint John., P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4LI, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at 1000 Dever Road, Saint John, New Brunswick, E2M 4.13, Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.01 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L 1. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Notwithstanding any provision herein contained the Lessor gives to the Lessee permission and license to occupy the bench space outlined in blue on Schedule "A" hereto, provided however, that upon one (1) month's written notice to the Lessee by the Lessor, the Lessee will vacate the bench space and without further notice surrender the bench space to the Lessor. SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the invitees or licensees for Tenant, its officers, agents, servants, employees, contractors, customers, any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees install or move any safe or other heavy shall not bring in or take out, position, construct, equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platfonns to distribute the weight thereof All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do is staffed by City Market employees. The Landlord at its sole so during hours the City Market discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the 15. Subject to the Landlord's providing such service, the Tenant shall perinit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. b 21. The Tenant shall not keep or display any merchandise on or other -wise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Wood and metal are considered to be appropriate materials. Plastic may be used Materials: provided that it looks like one of the acceptable materials. Internally -illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench-top sign on each bench (7'- Q" length), or one projecting sign on each aisle-side that identifies the business by name and type;,, Bench-top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6'-0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two-sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8,5" x I1" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. SCHEDULE ""Dl" APPLICATION FOR AGREEMENT HEAD OFFICE OR PROPRIETOR'S NAME ACCOUNT RECEIVABLE NUMBER STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES STORE ADDRESS DATE OF LAST PAYMENT HEAD OFFICE ADDRESS BANK ACCOUNT NUMBER TRANSIT NUMBER BANK AND BRANCH NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS SIGNING OFFICER SIGNATURE REQUEST FOR-PRE-AUTHORIZED PAYMENTS I authorize (hereinafter referred to as the "Company") And/or to debit the account of the undersigned maintained with the financial institution indicated above, monthly, in accordance with the PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above. I'PLEASEENCLCLSE,AN UNSIGNED SAMPLE CHE UE FROM Y ©Ufa BANff DR TRUST COMPANY„ AUTHORIZATION TO HONOUR PAYMENTS NAME OF BANK You are hereby requested and authorized to pay and debit my/our account at your office or at another branch of your institution if it is transferred there; all cheques drawn on you on my behalf and made payable to the Company or drawn on you ; and all amounts specified on any magnetic or computer produced paper tapes requesting you to pay the Company or In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque and/or tape and your rights with respect to it shall be the same as if it were signed by the undersigned personally, authorizing and requesting you to pay and credit such amount to the If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA). Any delivery of this authorization to you will constitute delivery by the undersigned. (The signature appearing below must be the same as the signature appearing in the signature file of the financial institution identified above.) DATE: AUTHORIZED SIGNATURE(S) 4 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, J. PATRICK WOODS, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 1 2. THAT the Seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "N.M. McFarlane" to the said instrument is the signature of Norm McFarlane, Mayor of the said City, and the signature "J, Patrick Woods" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at the City of Saint John, in the County of Saint John and Province of New Brunswick this - day of 2005. Lynda D. Farrell Commissioner of Oaths Being a Solicitor J. Patrick Woods 1 .' i 1419111 oyao1w,"l 1001990a a Notary Public in and for the Province of New Brunswick, by Royal Authority, duly appointed, commissioned and sworn, residing and practising in the said Province, DO HEREBY CERTIFY that on the V day of , 2005 at the City of Saint John, in the County of Saint John and Province of New Brunswick, before me, personally carne and appeared Angela Sagrati, the Lessee named in the foregoing instrument and acknowledged that she signed, scaled, executed and delivered the saine as and for her act and deed to and for the uses and purposes therein expressed and contained. IN TESTIMONY WHEREOF I, the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John aforesaid the day and year herein above written. NOTARY PUBLIC PROVINCE OF NEW BRUNSWICK REPORT TO COMMON COUNCIL 6� M & C — 2005 °244 August 11, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease 254 Germain Street West MIMI City of Saint loin, The City of Saint John leases PID number 368100 (154 Germain Street West) to Mega Enterprises Inc. The term of the lease is 10 years terminating December 31, 2011. The City receives $1500.00 per year for ground rent until 2006 and receives $1800.00 per annum until the end of the term. The uses permitted includes, "warehousing and storage yard, body shop, mechanical shop, sales lot, property maintenance business, insurance service and associated office usage ". Ready John Inc. has entered into and agreement with Mega Enterprises to purchase the building located at 200 Germain St. West. The purchase and sale is scheduled to close on September 1, 2005. A condition of sale is that the lease of 154 Germaine St. W. be transferred to ReadJohn Inc. Ready John Inc. intends to store portable toilettes on the site and indicates the operation is clean and odour free.. The waste water in the portable units is removed by a vacuum truck and treated at Clean Earth in the Spruce lake Industrial Park. Ready John Inc. further indicates it intends to improve the property, keep it in good repair and perform functions permitted in the zoning and is consistent with the existing use. The existing use provisions of the lease does allow for "warehousing and storage yard" which fills Ready John Inc.'s need. The City has received several calls from neighbours voicing concerns about the operation. Concerns have included unsightliness and unsavoury odours. A random, unannounced site visit on Thursday August 11, 2005 found no debris or unsightliness and no smell was evident. Discussions between City staff and the WaSINIMMIM � .,; . Report to Common Council August 11, 2005 Page 2 Ready John principal, Kerry McClellan and Ready John staff indicated most of the portables arrive on site already clean, although a small percentage are cleaned while on site. Perhaps the optics of portable toilettes on site creates a stigma as to the cleanliness of the operation. Ready John staff did appear to be sensitive to the concerns voiced and appeared interested in responding to neighbors concerns. That The City of Saint John consents to the assignment of the lease from Mega Enterprises Inc. to Ready John Inc. for land identified as PID number 368100 (see attached sketch), lease dated December 16, 2004, made between The City of Saint John and Mega Enterprises Inc., for the residual of the term created by the lease. Respectfully submitted, 1 C=ps BIlktl Project No. City Solicitor's Office Bureau de Pavocat municipal r wv� q�,,saintichnxa August 2, 2005 Common Council of The City of Saint John Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB /N, -B. Canada B2L 4L1 Re: Traffic By-Law Amendment -- Candlewood Lane — change of direction Common Council, at its meeting held on June 20, 2005, (Item 6.13 ), resolved to amend Schedule "D" of the Saint John Traffic By -Law so as to change the direction of the flow of traffic on Candlewood Lane from Northerly to Southerly. The matter was referred to the City Solicitor to be put in proper form. Attached is the appropriate amendment. Respectfully submitted, Attachment Be it enacted by the Common Council of The Lors dune reunion du conseil communal, The City of Saint John as follows: City of Saint John a decretd cc qui suit 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 Gtr` day of September, A.D. 1977 is hereby amended as follows: 1 Schedule "D" — One -Way Streets — is amended by deleting the following words tinder the following headings: Par les presentes, I'arretd de The City of Saint John intitule a Arrete visant d reglementer la circulation dans les rues de la ville de Saint John en vertu de la Loi de 1973 sur les vehicules �i moteur, ensemble ses modifications >), decrete le 6 septembre 1977, est modifie comme suit: 1 L'annexc << D » - Rues a lens unique - est modifiee par la suppression des mots suivants sous les entetes suivantes : Street Limits Direction Rue L,imites Direction Candlewood University Avenue to Lane University Avenue Northerly 2 Schedule "D" — One -Way Streets is amended by adding the following words and under the following headings: Ruelle entre les avenues Candlewood University Nord 2 L'Annexe << D >> - Rues d seas unique - est modifiee par Fadjonction des mots suivants sous les entetcs suivantes : Street Limits Direction Rue Limites Direction Candlewood University Avenue to Lane University Avenue 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 dad.. of , A.D. 2005 signed by: Ruelle entre les avenues Candlewood University Sud EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal stir le present arrete le 2005, aver Ies signatures suivantes : Mayor /Maire Common Clerk/Secretaire communal ]first Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 1611 /07 0 kk2 Vow b an d -ILI InKin --(/ Vr Q-1 Tn A, t4 elf lf Y'117/ j L 'r ,/�? �� t��,�'C,.�1 �t;%(f "`�.A�,/ � `��" - ? li�`"�= �C��,%� C.� /r`"�� r Ft�- ,� ,� �l % �:1 " �� }�( f( / �f 7 V , F t? i, a i I. �i�{/ �, /�. -� t/ /l�� try � 7 r^r � � �'� 1 � ,; �s-r t �� " We the residents of Candlewood Lane wish the traffic direction to remain as is. Name address r r r x C r L) c da r (71/ `. f ic y r .d iJf «�. 'e R,✓� e f vt mom `� 0 i , e r ■ naiti r MOM 7777- BY --LAW NUMBER C -1 ARRtTt NUMERO C -1 A BY -LAW RELATING TO THE MARKET ARRETE CONCERNANT LE MA CITE DE IN THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN if Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John John edicte: A By -law of The City of Saint John entitled "A By -law Relating to the Market in The City of Saint John ", enacted on the 18`h day of May, A.D. 2005 is hereby amended as follows. 1 Amending Section 5 by repealing subsection (2) and substituting the following: 5(2) Fees for rental space shall be as set out in Schedule "A ", provided however they shall not apply to the following: (a) Stalls 4 & 5 (b) Stall F (c) Stall E (d) Stall Cl 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. 2005 and signed by: L'arrete concernant le marche de The City of Saint John decrete le 18 mai 2005, est modifae comme suit: 1 La modification de Particle 5 par Pabrogation du paragraphe (2) et son remplacement par ce qui suit: 5 (2) Les frais de location d'espace sont enonces A PAnnexe «A », maix ces frais ne s'appliquent pas aux espaces suivants: (a) Kiosques 4 & 5 (b) Mosque F (c) Mosque E (d) Kiosque C1 EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le - .... ..... _., A.D. 2005, aver les signatures suivantes: Mayor /Maire, Assistant Common Clerk/ Greffiere communale adjointe First Reading - August 2, 2005 Premiere lecture - 2 aout 2005 Second Reading - August 2, 2005 Deuxieme lecture - 2 aoiat 2005 Third Reading - Troisieme lecture - F RV -LAW NUMBER C -2 ARRETE NUMfRO C -2 A LAW RELATING TO THE SALVAGE ARRETE CONCERNANT LE SERVICE DE ' 1 CORPS AND FIDE ]POLICE PROTECTION ET LE SERVICE DE POLICE- OF T SAINT JOHN FIRE DEPARTMENT INCENDIE DU SERVICE D'INCENDIE DE SAINT JOHN WHEREAS the Common Council of The City of Saint John has organized and established, under the provisions of the Laws relating thereto, a Salvage Corps and Fire Police, and have united them as one body, under the name of the Salvage Corps and Fire Police of the Saint John Fire Department; AND WHEREAS it has been deemed expedient that the said corps should consist of so many companies as the said Common Council may think from time to time to be desirable and necessary: BE IT THEREFORE ORDAINED by The City of Saint John, in Common Council convened, as follows: I The Salvage Corps and Fire Police of the Saint John Fire Department shall consist of such and so many companies composed of such and so many persons each, as the Common Council may from time to time determine. 2 The Common Council of The City of Saint John shall from time to time, by resolution, define the district over which each such Company shall have control. 3 Each member of the Corps shall be appointed by the Common Council and shall receive a warrant of appointment under the Common Seal, and shall be sworn to the faithful discharge of duty before the Mayor or one of the Councillors of this City, before entering upon the duties of his office, and shall hold such appointment during pleasure of the Common Council, and the Common Council shall annually, in the month of January, appoint one of the members of each Company to be the Captain thereof, and another to be the Lieutenant thereof, upon the election by each company and the recommendation of the Chief of the Fire Department of The City of Saint John. ATTENDU que le conseil communal de The City of Saint John a constitue, en vertu des lois aff&rentes, un service de protection et un service de police - incendie et qu'il les a r6unis en une scule entit& designee le Service de protection et de police- incendie du service d'incendie de Saint John; ET ATTENDU qu'il a &te jug& utile que cc service soit constitue du nombre de compagnies que le conseil communal estime souhaitable et n&cessaire : The City of Saint John, par la voix de son conseil communal r&uni, EDICTE : 1 Le Service de protection et de police - ineendic du service d'incendie de Saint John se compose des compagnies du nombre de celles -ei et des effectifs que fixe le conseil communal. 2 Le conseil communal de The City of Saint John definit au besoin, par voie de r &solution, les districts desservis par les diverses compagnies. 3 Tous les membres du Service sont nomm&s par le conseil communal, qui leur delivre un mandat de nomination frappe du sceau communal, pretent serment de loyal exercice de leurs fonctions devant le maire ou Fun des conseillers municipaux avant d'entrer en service et demeurent en service au gre du conseil communal. Le conseil communal nomme chaque annee, au mois de janvier, le capitaine de chaque compagnie ainsi que son lieutenant, choisis par voie d "election par les membres respectifs des compagnies et recommandes par le chef du service d' incendie de The City of Saint John. 4 The Captain of each Company of the 4 Le capitaine de chacune des compagnies du Salvage Corps and Fire Police of the Saint John Service de protection et de police - incendie du Fire Department shall have the care and charge of the equipment and outfit for the use of his Company, as the same may be from time to time provided and furnished for the same, and shall be responsible to the Chief of the Fire Department of The City of Saint John for the proper keeping and condition of the same. 5 The Common. Council shall provide rooms for the meetings of the different companies of the Corps. 6 It shall be the duty of each member of the Corps, on an alarm, or on the breaking out of any fire in the City within the District over which his Company has control, to proceed with all dispatch to the place where the fire may be, and there place himself under the command of the officer who may be in charge of his Company, and to obey all orders which he may receive for the execution of his duty, and to perform all other duties imposed on him by law, and to act promptly and efficiently in the protection and salvage of property and in the preventing of offences during the time of every such fire. 7 The said Salvage Corps and Fire Police of the Saint. John Fire Department may, subject to the approval of the Common Council, from time to time, make rules and regulations for the internal economy and management of the Corps, one copy of such rules to be deposited in the office of the Common Clerk of the City. S A by -law of The City of Saint John enacted on the sixth day of April, 1898 entitled "A Law Relating To The Fire Police And Salvage Corps Of The City Of Saint John" and all amendments thereto is repealed on the coming into force 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. 2005 and signed by: PA service d'incendie de Saint John a la garde du materiel dont dispose sa compagnie et est responsable levant le chef du service d'incendie de The City of Saint John du bon entretien et de 1'etat de cc materiel. 5 Le conseil communal fournit les locaux pour les reunions des differentes compagnies du Service. 6 Chaque membee du Service a le devoir, des reception d'une alerte d'incendie ou des qu'un incendie s'est declare Bans la municipahte, dans le district desservi par sa compagnie, de se rendre promptement sur les lieux du sinistre et, rendu d destination, de se placer sous les ordees de l'officier responsable de sa compagnic, d'obeir a taus les ordres qu'il peut y reeevoir relativement a 1'execution de ses fonctions, de remplir toutes autres fonctions prevues par la loi et de voir promptement et efficacement a la protection et a la sauvegarde des biens ainsi qu'A la prevention des infractions pendant la duree de Fincendie. 7 Le Service de protection et de police - incendie du service d'incendie de Saint John peat, sous reserve de 1'approbation du conseil communal, etablir des reglements concernant sa regie et sa gestion internes, un exemplaire de ces reglements devant titre depose au bureau du greffier communal de la municipalite. 8 L'arrete de The City of Saint John edicte le 6 avril 1898 et intitule A Lary Relating To The Fire Police And Salvage Corps Of The City Of Saint John, ensemble ses modifications, est abroge des Fentree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes : First Reading Second Reading Third Reading Mayor /Maine Common Clerk/Grel'ficr communal Premiere lecture Deuxieme lecture Troisieme lecture C BY-LAW NUMBER ENT -7 i A BY -LAW TO FORMULATE PLANS IN THE EVENT OF AN EMERGENCY �s A fETE NUINIERO EM -7 ARRf A VISAN`T' L.A PREPARATION DE PLANS EN CAS D'URGENCE Be it enacted by the Common Council of The City Le conseil communal de The City of Saint John of Saint John as follows: edicte : I This By -law may be cited as the "Saint John Emergency Measures By -law ". DEFINI'T'IONS 2 In this By -law, "C.E.M.O." means City Emergency Measures Organization; (OMMO "Council" means the Common Council of The City of Saint John; (conseil) "emergency" means a present or imminent event in respect of which the Minister or municipality, as the case may be, believes prompt co- ordination of action or regulation of persons or property must be undertaken to protect property, the environment or the health, safety or welfare of the civic population; (situation d'urgence) "emergency measures plan" means any plan, program or procedure prepared by the Province or a municipality as the case may be, that is intended to mitigate the effects of an emergency or disaster and to provide for the safety, health or welfare of the civil population and the protection of property and the environment in the event of such occurrence, (plan de mesures d'urgence) "municipality" means a City, town or village; (municipalite) "state of local emergency" means a state of local emergency declared by a municipality pursuant to Section 11(2), of the Emergency Measures Act, or renewed pursuant to Section 18(2) of the Act; (etat d'urgence local) 1. Cet arrete pent titre cite sous le titre : Arrete de Saint John concernant les mesures d'urgence. DEFINITIONS 2 Les definitions qui suivent s'appliquent au present arrcte. « conseil » Le conseil communal de The City of Saint John. (Council) « etat d'urgence local >> bat d'urgence local proclame ou proroge par la municipalite en vertu des paragraphes 11 (2) ou 18 (2) respectivement de la. Loi sur les mesures d'urgence. (state of local emergency) municipalite » Une cite, une ville ou un village. (municipality) << OMMU » Organisation rnunicipale des mesures d'urgence. (C,E.M.O'.) plan de mesures d'urgence >> Plan, programme ou mesure que prepare la province ou une municipalite, selon le cas, en vue de reduire les effets d'unc situation d'urgence ou dun desastre et d'assurer dans un tel cas la sauvegarde de la securite, de la stnte ou du Bien -titre de la population civile ainsi clue la protection des biens et du milieu. (emergency measures plan) u situation d'urgence » tvenement reel ou imminent qui, selon le Ministre ou la municipalite interessee, exige une action concertee immediate ou 1'assujettissement des personnes et des biens a certaines regles en vue de proteger les biens et le milieu ou la sante, la securite ou le bien- etre de la population civile. (emergency) 3 Pursuant to the Emergency Measures Act, 3 En vertu de la Lox sur les mesures the Council; d'urgence, le conseil : (a) hereby establishes a municipal emergency measures organization consisting of three (3) persons who may from time to time be appointed by the Council; (b) shall appoint a director of the Municipal emergency measures organization who shall prepare and coordinate emergency measures plans; (c) shall appoint a committee consisting of the Mayor and three members of the Council, who shall be responsible for advising Council on the development of emergency measures plans; (d) may pay the expenses of the members of the Committee; (e) may enter into agreements with and mare payments to persons and organizations for the provision of services in the development and implementation of emergency measures plans; and (f) may appropriate and expend sums approved for it for the purposes of this section. 4 Before or upon the event of local emergency, the Mayor or Deputy Mayor, or in their absence any two Councillors, may call members of the Council, upon verbal notice, to meet anywhere in the City for the purpose of declaring a state of local emergency and to carry out business pertaining thereto. 5 The Council may, when satisfied that an emergency exists, or may exist in all or any area of the City, declare by resolution a state of local emergency. 6 For the purpose of this by -law a quorum of Council shall consist of a simple majority of the whole Council. a) met sur pied une organisation municipals des mesures d'urgence formde de trois personnes que nomme le conseil; b) nomme un directeur de 1'organisation municipale des mesures d'urgence charge de preparer et de coordonner les plans de mesures d'urgence; c) erde un comite forme du maire et de trois membres du conseil charge d'informer le conseil sur 1'e1aboration des plans de mesures d'urgence; d) peut prendre en charge les ddpenses des membres du comite; e) peut s'assurer par voie d'ententes les services d'autres personnes ou organisations pour la mice en place et 1'execution de plans de mesures d'urgence et leur verser des fonds au titre de ces prestatons; f) peut voter et employer les credits qu'elle a approuves pour assurer Papplication du present article. 4 Le maire ou 1e maire suppldant ou, en leur absence, deux membres du conseil, peuvent convoquer verbalement les membres du conseil a une reunion tenue n'importe ou dans la municipalitd afin de proclamer un etat d'urgence local et de prendre les mesures necessaires dans les circonstances. 5 Le conseil peat, par voie de resolution, proclamer 1'etat d'urgence local dans tout ou partie de son territoire s'il est convaincu qu'une situation d'urgence y existe ou pourrait s'y produire. 6 Aux fins du present arrete, la majority simple du conseil constitue le quorum. 7 At any meeting of Council held under this 7 2 A une reunion convoqude en vertu du by -law, only matters directly pertaining to the emergency may be considered by Council and business will be conducted according to the by- laws of the Municipality where they do not conflict with this by -law. 8 A declaration by the Council of a local emergency shall identify the nature of the emergency and the area in which it exists. 9 When a state of local emergency has been declared pursuant to the Emergency Measures Act, the Common Clerk shall immediately cause the details of the declaration to be communicated or published by such means as will most likely make the contents of the declaration known to the civil population of the area affected. 10 Upon a state of local emergency being declared, the Council shall do everything necessary for the protection of property, the environment and the health or safety of persons, including the authorization of the Committee in conjunction with the Director of the Municipal Emergency Measures Organization (a) to cause an emergency measures plan to be implemented; (b) to acquire or utilize or cause the acquisition or utilization of any personal property by confiscation or any means considered necessary; (c) to authorize or require any qualified person to render aid of such type as that person may be qualified to provide; (d) to control or prohibit travel to or from any area or on any road, street or highway; (e) to provide for the maintenance and restoration of essential facilities, the distribution of essential supplies and the maintenance and co- ordination of emergency medical, social and other essential services; 3 present arret&, le conseil ne peut traiter que des questions se rapportant directement a la situation d'urgence et les deliberations sont alors tenues conformement aux arret&s de la municipalit&, pourvu qu'ils ne soient pas incompatibles avec le present arret &. 8 Toute proclamation d'un &tat d'urgence local faite par le conseil indique la nature de 1a situation d'urgence et la region concernec. 9 En cas de proclamation de 1' 6tat d'urgence local en application de la Loi sur les mesures d'urgence, le greffier communal en communique immediateent la tencur a la population civile de la region touch &e de la faron qu'il estime la plus efficace. 10 Des la proclamation de 1'etat d'urgence local, le conseil Arend toutes les mesures necessaires pour prot&ger les biens et le milieu ainsi que la sant& et la securite des personnes touchees, y compris autoriser le comic& et le directeur de Porganisation municipale des mesures d'urgence a) A faire appliquer un plan de mesures d'urgence; b) a proceder ou a faire proceder a l'acquisition on a 1'utilisation de tous biens personnels par voie de confiscation ou par tout autre moyen juge necessaire; c) � autoriser ou a exiger 1'aide de toute personne qualifier en fonction de sa competence; d) a r&glementer ou a interdire les deplacements a destination ou en provenance d'une region donnee ou sur un chemin, unc rue ou une route; e) a pourvoir au maintien et au retablissement des installations essentielles, a la distribution des fournitures indispensables ainsi qu'au maintien et a Ia coordination des services d'urgence m&dicaux ou sociaux et des autres services essentiels; (f) to cause the evacuation of persons and the removal of livestock and personal property threatened by a disaster or emergency, and make arrangements for the adequate care and protection thereof, (g) to authorize the entry by any person into any building or upon any land without warrant; (h) to cause the demolition or removal of any building, structure, tree or crop where the demolition or removal is necessary or advisable for the purposes of reaching the scene of a disaster, of attempting to forestall its occurrence or of combating its progress; (1) to procure or fix prices for food, clothing, fuel, equipment, medical or other essential supplies and the use of property, services, resources or equipment and, (j) to order the assistance, with or without remuneration, of persons needed to cant' out the provisions mentioned in this section. 11 When a local emergency has been declared, all employees, servants and agents of the municipality shall advise the Disaster Control Centre of their whereabouts and will be required to carry out duties as ordered by the City Emergency Measures Director. 12 In this connection, unless Council otherwise stipulates, for services performed during the continuation of the emergency, (a) department heads will receive no additional remuneration; (b) salaried persons, other than Department Heads, will receive a pro-rata hourly rate for each hour worked, (c) hourly paid employees will receive time 4 f) a faire evacuer les personnes, le betail et les biens personnels menaces par un desastre ou une situation d'urgence et a prendre les mesures necessaires pour assurer leur protection; g) a auto-riser toute personne a penetrer dans un batiment ou sur un bien -fonds sans mandat; h) a faire demolir ou enlever, si cela est necessaire ou souhaitable, les batiments, constructions, arbres ou recoltes afin d'avoir acces aux lieux du desastre, de tenter de le prevenir ou de le circonscrire; i) a se procurer les vivres, vetements, combustibles, equipements, fournitures medicales ou autres approvisionnements essentiels et a s'assurer 1'utilisation de tous biens, services, ressources ou equipements ou en fixer le prix; j) a requerir, avec ou sans remuneration, I'aide des personnes necessaires pour assurer la mice en oeuvre des dispositions du present article. 11 Lorsqu'une situation d'urgence locale est proclamee, taus les employes, purposes et mandataires de la municipalite informent de leers deplacements le centre des mesures d'urgence et sont tenus de remplir les fonetions deeretees par le directeur de Porganisation municipale des mesures d'urgence. 12 A cet egard, a moins que le Conseil n'en decide autrement, la remuneration des services executes pendant la duree de la situation d'urgence est la suivante a) les chefs de service ne regoivent aucune indemnite supplementaire, b) les salaries, a Pexception des chefs de service, sont payes pour chaque heure de travail a un taux horaire au prorata des heures travaillees; c) les employes a salaire horaire regoivent and one -half their regular hourly rate for time worked in excess of eight hours per day; (d) casual employees as required during the emergency will be paid the usual set rate per hour, (e) where an employee is paid under the terms of a collective agreement, the terms of the collective agreement shall prevail, where inconsistent with this by -law. 13 Every person who obstructs the Director of the City Emergency Measures Organization, a Committee established pursuant to this By -law or any person in the performance of any action, matter or thing authorized by this By -law or who contravenes or fails to comply, (a) with any provision of this By -law, or (b) with any direction, order or requirement made pursuant to this By -law, commits an offence and is liable on summary conviction to a fine of not more than Two Hundred Dollars ($200.00). 14 A by -law of The City of Saint John enacted on the twelfth day of February, 1981 entitled "A By -law To Formulate flans In The Event Of An Emergency" and all amendments thereto is repealed on the coming into force 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. 2005 and signed by E une fois et demie leer taux horaire normal pour la periode travaillee en plus de huit heures par jour, d) les employes occasionnels dont les services sont retenus pendant la duree de la situation d'urgence regoivent le taux horaire habituel fixe; c) dans le cas des employes dent la remuneration est prevue dans une convention collective, les dispositions de la convention Pemportent sur celles du present arrete, la od it y a incompatibilite. 13 Commet une infraction et est passible par procedure sommaire d'une amende maximale de deux cents dollars quiconque genc le directeur de 1'organisation municipale des mesures d'urgence, un comite cree en vertu du present arrete ou toute autre personne Bans 1'accomplissement de toute action ou chose autorisee par le present arrete, ou qui contrevient ou omet de se conformer a) a une disposition du present arrete, b) a une directive ou un ordre donne ou a une prescription etablie en vertu du present arrete. 14 L,'arrete de The City of Saint John edicte le 12 fevrier 1981 et intitule A By -law To Formulate Plans In. The Event Of An Emergency, ensemble ses modifications, est abroge des Fentree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes : Mayor/Maire Common Clerk/Crreffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reacting - Troisieme lecture j 1t City of Saint John INTERNAL INSERTION ORDEV-,. Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad - SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, December 27, 2005 Date(s): Date(s): Information for Ad anything you want Bold d in Ad, Centre, Tab, Section Headline: 0 General Notice Q Tender F� Proposal 19 Public Notice Sub - Headline (it applicable): Text: Call to Action: J. Patrick W Contact: INSERT ATTACHED Common Clerk/Grcfficr communal Telephone: (506) 658 -2862 r 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 Environment and Local Government if required, and have been filed in the Office of the Registrar of Heeds in and for the County of Saint John and became effective on the dates noted below, namely; r• r 1. By -law Number July 11, 2005 C.P. 100 -687 A Law To Amend The Zoning By -law of The City of Saint John (re 1825 -1827 Manawagonish Road) 2. By -law Number C.P. 100 -688 A Law To Amend The Zoning By -law of The City of Saint John (re 2420 Loch Lomond Road) Par les presentes, un avis public est donne par lequel les arretes suivants, edictes par le conseil communal de The City of Saint John, ant ete approuves par le ministre de 1'Environnement et des Gouvemements locaux, au besoin, et deposes au bureau d'enregistrernent des actes Bans le comte de Saint John pour ce comte et sont entres en vigueur aux dates indiqu&es ci- dessous 1. No d'arrete Arrete numero C.P. 100 -687 modifiant 1'arret6 sur le nonage de The City of Saint John (visant le terrain situ& au 1825 -1827, chemin Manawagonish) July 11, 2005 2. No d'arretd Arret& numero C.P. 100 -688 modifiant 1'arrete sur le nonage de The City of Saint John (visant le terrain situ& au 2420, chemin Loch Lomond) 3. By -law Number July 12, 2005 C.P. 100 -689 A Law To Amend The Zoning By -law of The City of Saint John (re 346 -348 Milford Road) 4. By -law Number C.P. 100 -690 A Law To Amend The Zoning By -law of The City of Saint John (re 389 -441 Red Head Road) 3. No d'arrdte Arret& numero C.P. 100 -689 modifiant Parret& sur le nonage de The City of Saint John (visant le terrain situ& au 346 -348, chemin Milford) July 12, 2005 4. No d'arret& Arret& numero C.P. 100 -690 modifiant 1'arre-t6 sur le nonage de The City of Saint John (visant le terrain situ& au 389 -441, chemin Red Head) Le 11 juillet 2005 Le 11 juillet 2005 Le 12 juillet 2005 Le 12 juillet 2005 5. By -law Number July 12, 2005 5 . No d'arret& Le 12 juillet 2005 C.P. 100 -691 A Law To Arrdte numero Amend The Zoning By-law of The City of Saint John (re 9 -11 Coburg Street) 6. By -law Number C.P. 100 -692 A Law To Amend The Zoning By -law of The City of Saint John (re 52 McLean Street) 7. By -law Number C.P. 100 -693 A Law To Amend The Zoning By -law of The City of Saint. John (re 40 Northumberland Ave.) 8. By -law Number C.P. 100 -694 A Law To Amend The Zoning By -law of The City of Saint John (re 880 Latimore Lake Road) 9. By -law Number C.P. 100 -695 A Law To Amend The Zoning By -law of The City of Saint John (re 1595 'Hickey Road) 10. By -law Number C.P. 100 -696 A Law To Amend The Zoning By -law of The City of Saint John (re 68 Tudor Lane) 11. By -law Number C.P. 100 -697 A Law To Amend The Zoning By -law of The City of Saint John (re 536- 538 Dunn Ave.) C.P. 100 -691 modifiant Parretti sur le nonage de The City of Saint John (visant le terrain situ6 au 9 -11, rue Coburg) July 18, 2005 6. No d'arret& Arr6te numero C.F. 100 -692 modifiant l'arr6t6 sur le zonage de The City of Saint John (visant le terrain situ6 au 52, rue McLean) July 18, 2005 7. No d'arret& Arr6t6 numero C.P. 100 -693 modifiant 1'arret6 sur le zonage de The City of Saint John (visant le terrain situ& au 40, rue Northumberland) July 18, 2005 8. No d'arr6te Arr6te numero GP. 100 -694 modifiant Parretti sur le zonage de The City of Saint John (visant le terrain situ6 au 880, chemin Latimore Lake) Aug. 23, 2005 Sept. 7, 2005 Sept. 16, 2005 9. No d'arrete ArrW numero C.P. 100 -695 modifiant Parretti sur le zonage de The City of Saint John (visant le terrain situ6 au 1595, chemin Hickey) 10. No d'arrW Arr6t6 numero C.P. 100 -696 modifiant Parretti sur le zonage de The City of Saint John (visant le terrain situ& au 68, all6e Tudor) 11. No d'arr6te Arr6td numero C.P. 100 -697 modifiant 1'arret6 sur le zonage de The City of Saint John. (visant le terrain situ6 au Le 18 juillet 2005 Le 18 juillet 2005 Le 18 juillet 2005 Le 23 aout 2005 Le 7 septembre 2005 Le 16 septembre 2005 536-538, avenue Dunn) 12, A Law To Amend The Sept. 27, 2005 12, Arrete modifiant Le 27 septembre 2005 Municipal Plan By -law Varrete relatif au plan (re 221 -225 Chesley Dr.) d'amenagement du (visant le terrain situe au. 221 -225, promenade Chesley) 13. By -law Number C.P, 100 -698 A Law To Amend The Zoning By -law of The City of Saint John (re 140 Alma Street East) 14. By -law Number C.P. 100 -699 A Law To Amend The Zoning By -law of The City of Saint John (re 341 Main Street) 15. By -law Number C.P. 100 -700 A Law To Amend The Zoning By -law of The City of Saint John (re 75 Eagle Blvd.) 16. By -law Number C.P. 100 -701 A Law To Amend The Zoning By -law of The City of Saint John (re Highland Road and Forbes Drive) 17, A Law To Amend The Municipal Plan By -law (re Green Head Road) 18. By -law Number C.P. 100 -702 A Law To Amend The Zoning By -law of The City of Saint John (re Green Head Road) Oct. 18, 2005 Nov, 2, 2005 Nov. 2, 2005 Nov. 2, 2005 Nov, 18, 2005 Nov. 18, 2005 13. No d'arrete Arrete numero C.P. 100 -698 modifiant l'arrete sur le zonage de The City of Saint John (visant le terrain situe au 140, rue Alma Est) 14. No d'arrete Arrete numero C.P. 100 -699 modifiant 1'arrete sur le zonage de The City of Saint John (visant le terrain situe au 341, rue Main) 15, No d'arrete Arrete numero C.P. 100 -700 modifiant 1'arrete sur le zonage de The City of Saint John (visant le terrain situe au 75, boulevard Eagle) 16. No d'arrete Arrete numero C.P. 100-701 odifiant 1'arrete sur le zonage de The City of Saint John (coneernant le chemin Highland et la promenade Forbes) 17. Arrete modifiant 1'arrete relatif au plan d'amenagement (visant le chemin. Green Head) 18. No d'arrete Arrete numero C.P. 100 -702 modifiant 1'arrete sur le zonage de The City of Saint John (visant le chemin Le 18 octobre 2005 Le 2 novembre 2005 Le 2 novembre 2005 Le 2 novembre 2005 Le 18 novembre 2005 Le IS novembre 2005 Green Head) 19. By -law Number Nov. 29, 2005 19. NO d'arrete C.P. 100 -703 A Law To Arrdte numdro Amend The Zoning C.F. 100 -703 modifiant By -law of The City Parr&& sur le nonage de of Saint John (re 235- The City of Saint John 237 Britain Street) (visant le terrain situe au 235 -237, rue Britain) 20, By-law Number Dec. 5, 2005 20. No d'arrdte C.F. 100 -704 A Law To Arrdte numero Amend The Zoning C.P. 100 -704 modifiant By -law of The City ParrW sur le nonage de of Saint John (re Drury The City of Saint John Cove Road) (visant le cheniin Drury Cove) Le 29 novembre 2005 Le 5 decembre 2005 Common Clerk's Office Bureau du greffier communal www.saintjohn.ca August 25, 2005 / 25 ao0t 2005 Pizzano's Pizza C/o Personal Holdings 90 Leinster Street Saint John, NB E2L IIJ3 Dear Sir or Madam: 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 recorded in the Registry Office on August 23, 2005 and became effective on that date. Yours truly, 4.atrick Woods Common Clerk / Greffier communal Monsieur, Madame, M�; P Vous trouverez ci-joint une copie d'une modification 6 I'arrdtb sur le zonage de The City of Saint John relativement e la propribt6 ci-dessus. Conform6ment aux dispositions de la Loi sur Furbanisme, I'arr6t6 a 6t6 enregistr6s au bureau d'enregistrement le 23 ao6t 2005 et it est entr6 en vigueur la m6me date. Veuillez agr6er, Monsieur, Madame, - 1'expression de nos sentiments distingu6s. JPW/jaf encl. / P. j. cc / c.c. : Jim Baird, Commissioner / Commissaire Planning and Development / Urbanisme et d6veloppement William Edwards, Commissioner/ Commissaire Buildings and Inspection Services / Services d'inspection et des b5timents (Section 39 Resolution) / {Resolution en vertu de I'article 39) A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOAN 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: 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 8000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, from `B -l" Local Business to "B -2" General Business classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the fifteenth day of August, A.D. 2005 and signed by: MayorlMaire AItKI I'L IN C.F. IUU -695 ARRfETf MODIFIANT L'ARRfETE SUR LE ZONAGF DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arr&e sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: I La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 8000 metres carres, situee au 1595, chemin Hickey, et portant le NID 436600, de zone commerciale locale << B- 1 » a zone commerciale generale << B -2 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John . a fait apposer son sceau communal sur le present arrete le quinzieme aout 2005, avec les signatures suivantes : Assistant Common Cle effier communal adjointe First Reading - August 2, 2005 Premiere lecture - 2 aofit 2005 Second Reading - August 2, 2005 Deuxieme lecture - 2 aodt 2005 Third Reading - August 15, 2005 Troisieme lecture - 15 aofit 2005 PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Map Sheet 154 of Schedule "A" of the Zoning By-Law of the City of Saint John Modifiant carte 154 Annexe ((A)) du Fi6glement de zonage de The City of Saint John ti -- -- --- ---- ch. Hickey Rd. 7 C, S, 0 V 0 FROM I DE TO/A B-1 - Local Business B-2 General Business commerciale locale W commerciale g6n6rale Pursuant to a Resolution under Section 39 of the Community Planning Act Conform(§menta une resolution adopt6e par le conseil municipal en vertu de Particle 39 de !a Loi sur lurbanisme Applicant: Pizzano's Pizza Location: 1595 chemin Hickey Road PID(s)INIP(s) 00436600 07P-10NE Drawn By/Cr66e Par: Tamara Duke Date Drawn/Carte Cr66e-. August 9 ao6t, 2005 Considered by PAC./Consid&6 par le C.C.U.: July 26juillet, 2005 Enacted by Council/ApprouvC- par le Conseil: Filed in Registry Office/Enregistr6 le: -.1WrV1t;VZ iYu uvvau-aruns WICK &"W"'IN L 'm k; am PID: 00436600 Status: Active Land Related Land Description: Square Metres Area: 7757.15 Date Last Updated: 2004-01-15 13:44:13 Land Titles Status: Land Titles Date of Last CRO: 2004-01-15 13:57:34 Land Gazette No Information: Description of Tenure: Public Comments: MAP / CARTE 07P10NE I County: Saint John Active Date/Time: Management Unit: NB1111 Area Unit: Square Metres Harmonization Harmonized Status: Land Titles 2004-01-09 15:43:30 Date/Time: Manner of Tenure: Not Applicable Parcel Interest Holders Name Qualifier Interest Type Belle Co. Holdings Ltd. Owner PAN PAN Type Taxing Authority Code Taxing Authority 01574769 550 City of/Cit6 de Saint John Civic Number Street Name Street Type Street Direction Place Name County Saint John Parish City of/Ville de Saint John Documents Number Registration Book Page Code Description Date 17760233 2804-01-14 5100 Mortgage 17744559 2004-01-09 3800 Land Titles First Notice 17744592 280401-09 3720 Land Titles First Order Land Titles 17743502 2004-01-09 3900 First Application 403883 1995-11-21 1800 580 107 Discharge 389612 1993-10-20 1675 484 187 Discharge 381490 1992-09-30 1604 372 114 Agreement 388858 1992-09-03 1599 1 104 Mortgage 380963 1992-01-01 1600 73 107 Discharge 380962 1992-01-01 1600 71 107 Discharge 380859 1992-01-01 1599 8 104 Mortgage 345595 1988-01-01 1279 392 107 Discharge 345303 1988-01-01 1277 234 107 Discharge 338595 1987-06-19 1222 534 101 Deed 338598 1987-81-01 1222 556 104 Mortgage 338597 1987-01-01 1222 545 104 Mortgage 338596 1987-01-01 1222 538 104 Mortgage 334904 1986-01-01 1192 528 109 Assignment 334903 1986-01-81 1192 502 104 Mortgage 329917 1986-01-01 1151 512 107 Discharge 327038 1986-01-01 1130 89 107 Discharge 326374 1985-01-01 1124 583 104 Mortgage 326373 1985-01-01 1124 579 101 Deed 313136 1984-01-01 1033 5S8 107 Discharge 312817 1984-01-01 1032 197 107 Discharge 312557 1983-01-01 1030 590 107 Discharge � 303934 1982-01-01 983 525 104 Mortgage caDIJJL OU4 r' 301 Deed 259907 1976 -01 -01 775 924 107 Discharge 259223 1975 -01 -01 773 3 107 Discharge 258441 1975 -01 -01 769 666 104 Mortgage 251062 1974 -01 -01 737 971 104 Mortgage 251061 1974 -01 -01 737 967 101 Deed 250979 1974 -01 -01 737 583 107 Discharge 249479 1974 -01 -01 731 91 104 Mortgage 249478 1974 -01 -01 731 87 101 Deed 249428 1974 -01 -01 730 865 101 Deed 235999 1972 -01 -01 673 211 101 Deed Number Suffix registration Cade Description Lot Orientation Gate Information Subdivision & Provincial 70 P52 1972 -01 -01 9050 Amalgamations Lot 72 -5 Grid 62 F52 1972-01 -01 9050 Subdivision & Provincial Amalgamations Grid Parcel Relations Records No -. _ - - -- Number [sate Code Description Plan Name Filing Office Surveyor Reference Name SRPR BLS or Omega 940 1985 -01- 9045 Mortgage Certificate Investments SNB Map Boyne, O1 Library William J. Plan Limited Zoom In Zoom Out Zoom Box 41 Point Select Box Select Center Selection Clear Selection Ma,i,,,, Layers Property 'Togo Refresh Map Legend Ma,p Cont'rols ONB Overview ELocator Map Selection Summary Map Image This map is a graphical representation of property boundaries which approximates the size, configurati survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Lat.: 45-18-07.85N Long-' 65-59-24.76W Scale: 1914 X: 2539985.106 -1 Property fcunld opflow� PID 00436600 PAN 15747..69 Owner Belle Co. Holdings Ltd. Zoom 2 Factor j \ 1i1 vv 11U1v1Dr,'M %_r. 1VU -0VU AliltL1E PN i X. 1VU -0U 3 ?V� A LAW TO AMEND ARPftt MODIFIANT VARRffff THE ZONING BY -LAW SUR LE ZONAGE DE THE CITY OF OFT E CITY OF SAINT JOHN 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 with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, from "B -l" Local Business to "B -2" General Business classification pursuant to a resolution adopted by Common Council under Section 39 of the Community planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2005 and signed by: Mayor /Maire Lors d "une reunion du conseil communal, The City of Saint John a decrete cc qui suit : Uarrete sur le nonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: La modification de Pannexe «A», Plan de zonage de The City of Saint John, perinettant de modifier la designation dune parcelle de terrain dune superficie d'environ 8000 metres carres, situee au 1595, chemin Hickey, et portant ]e MID 436600, de zone commerciale locale « B- 1 » a zone commerciale generale «B -2 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme - toutes les modifications stint indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete 1e 2005, avec les signatures suivantes ; Common Clerk/Greffier communal First Reading - August 2, 2005 Second. Reading - August 2, 2005 Third Reading - premiere lecture - 2 aodt 2005 Deuxieme lecture - 2 aodt 2005 Troisieme lecture - M &C- 2005 -251 August 10, 2005 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Conditions Pizzano's Pizza Rezoning Application 1595 Hickey Road Common Council gave first and second readings to the above -noted rezoning application at its meeting on August 2, 2005. At that time, Council requested a further report with respect to possible Section 39 conditions, for consideration when third reading and adoption of the rezoning is considered. ANALYSIS: City of Saint John The specific concerns for which Common Council requested input related to the issues of hours of operation and outdoor activity. The present hours of operation are 11:00 a.m. to 1.0:00 p.m. Monday to Thursday, 1 1:00 a.m. to midnight Friday, 3:00 p.m. to midnight Saturday, and 3 :00 p.m. to 10:00 p.m. Sunday. However, the applicant had indicated that the restaurant previously was open to midnight every night, but these hours were cut back to a 10:00 p.m. closing time weeknights and Sundays a few years ago. While provincial regulations permit a licensed Dining Room to serve drinks from 9:00 a.m.. to 2:00 a.m., the applicant does not anticipate any change to the present hours of operation. However, the applicant had also advised that they may return to their traditional nightly midnight closing time in the future. The applicant stated that they have no intention of being open until 2:00 a.m. and would have no objection to a condition requiring a closing time of no later than midnight. With regard to outdoor activities, the concern was that an outside deck would create noise problems for the neighbourhood. Staff had recommended that a any outdoor deck area, regardless of whether it is licensed or unlicensed. The recommended Section 39 conditions set out below would address these two issues. The applicant has been consulted and indicates he has no objection to these conditions. That Common Council adopt the following Section 39 resolution if it decides to give third reading to the proposed rezoning of 1595 Hickey Road: That, pursuant to Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 5000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, be subject to the conditions that: a) the hours of operation of any restaurant are restricted to the hours of 11: 00 a.m. to midnight,- and b) the operation of any restaurant shall be restricted to the interior of the building only, and further that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, 6 CV� C I1 ►If7 Terrence Totten, F.C, . City Manager RGPIr Project No. 05 -190 Section 39 Conditions —1595 Hickey Road That, pursuant to Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, be subject to the conditions that: a) the hours of operation of any restaurant are restricted to the hours of 11:00 a.m. to midnight; and b) the operation of any restaurant shall be restricted to the interior of the building only, and further that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 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: 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 8000 square metres, located at 1595 Mickey Road, also identified as being PIDi 436600, from "B -1" Local Business to "B -2" General Business classification pursuant to a resolution adopted by Common Council under Section. 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2005 and signed by: Mayor /Maize AFa<-L l E IN - U.P. lUU- ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par I La modification de 1'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 8000 metres carres, situec an 1595, chemin Hickey, et portant le NID 436600, de zone comnlerciale locale «B- I >> a zone commerciale generale << B -2 » conformement d une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes ; Common Clerk//+Greffier communal First Reading - August 2, 2005 Premiere lecture - 2 aodt 2005 Second Reading - August 2, 2005 Deuxieme lecture - 2 aofit 2005 Third Reading - Troisieme lecture - oe Postal Code / Code postal Telephone Number / Numdro de tdldphone -4ferne � DO e y w Work/ Travail 12-7 Fax Number I Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Property Information / Renseignements seer la propriW Location / Emplacement _� hA C Ke Civic 4 / No de voirie — I Street / Rue Lot Area f Superficie du lot o gr Street Frontage / Faqade sur rue A, 191 NR:_ 1910FAQ11 Amendment Requested /Modification demand6e M You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans; elevation drawings and any other form of information. The plan must show the dimensions of propeny, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devezfournir un plan du site 6 Nchelle illustrant votre proposition. Vous pouvez igalementfournir des photagraphies, des plans de bdtiment, des dessins de plan d'616vation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de lapropri&j, Pemplacement de la totalitj des b6timents, des alMes, des aires de stationnement, des am6nagementspaysagerset des pantteaur de signalisation. 11 est important dindiquer la distance entre les limites de la proprMtj et les b4timents. Provide reasons why these amendments should be approved. / Fournir tout autre renseignernent concernant votre proposition qui pourrait We approuv6es. 4 � A Rn An I - I � Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre nrnnnQifinn n7ii TVNIIn-ait Atrp "flIp Date $400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n',&tespas le proprijtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprigtaire dons la pantie the owner is authorizing this application to proceed ci-dessous. La signature A proprieltaire autorisant le for consideration by Common Council traitement de la pnesente demande pour que cette derni&e soit examinee par le consuil communal. Signature of Owner (if applicable) Signature due propridtaire (s'iI y a lieu) Date: In wo JON&% Amw; rn 7 7 Ld I ^ � \\ � . all 1595 Hickey Road 5a in t 70/L7, N. H. E27 3V2 7-e7:506-696-5312 Te 7: 506- 333 -8, 26 March 11, 2005 N B Licencing Board Department of Public Safety Licensing & Records P 0 Box 6000 .Fredericton, N.B. E3b 5H1 Tel: 506 - 453 -3848 Fax: 506 -453 -3044 RE: Personal Holdings Ltd (operating as Pizzano's Pizza) & Eric Melanson , President Personal Holdings Ltd Application for Dining Room License, Bellco Strip Mall, I595 Hickey Road, Saint John, N.B.,E2J 3V2 N B Licensing Board: This letter is confirmation that, Eric Melanson is president of Personal Moldings Ltd,( operating as Pizzanos Pizza) and has been my tenant in our Strip Mall at 1595 :Hickey Road in excess of five years. I approve of this application by Eric Melanson and personal Holdings Ltd (operating as Pizzano's Pizza) for a Inning Room License, in the Bellco Strip Mall at 1595 Hickey Road, Saint John, N.B., E2J 3V2. Yours sincere City of Saint John INTERNAL INSERTION ORDER For City of Saint Johan use only: Budget Nyu ber: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -421.4 Special Instructions (if any): Ne Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) - SJTJ City Information Ad SJTJ Independent Placement .. SJTJ Classifieds Date(s): Tuesday, July 5, 2005 Tuesday, July 26, 2005 Date(s). Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] General Notice F-] Tender Proposal p Public Notice AMENDMENT RE: 1595 HICKEY ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held on Tuesday, August 2, 2005 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, from "B -1" Local Business to "I3 -2" General Business. REASON FOR CHANGE: To permit a restaurant with a Dining Room liquor licence. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, 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 Hail. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1595, CHEMIN HICKEY Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arr€te sur le nonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra le mardi 2 aout 2005 a 19 h en apportant les modifications suivantes: Rezonage d'une parcelle de terrain d'une superficie d'environ 8000 metres carres, situee an 1595, chemin Hickey, et portant le NID 436600, de zone commerciale locale « B -1 >> a zone Commerciale generale «B -2 >>. RAISON DE LA MODIFICATION: Permettre 1'amenagement d'un restaurant ayant un permis de debit de boisson pour Salle a diner. Tonto personne interestee pout examiner to projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du developpement a Photel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ]'attention du soussigne a ]'hotel de ville. A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN A-KEC I h 11 U.Y. IUU- A PTE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du Conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By -law of The City of Saint John enacted on the fourteenth day of November, A.D. 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 80100 square metres, located at 1595 Dickey Road, also identified as being PID 436600, from "B -1" Local Business to "B-2" General Business 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. 2005 and signed by: Mayor /Maire L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: I La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain dune superficie d'environ 8000 metres carres, situee au 1595, chemin Hickey, et portant le NID 436600, de zone Commerciale locale « B- I >> a zone Commerciale generalc « B-2)>. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avee les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxiemc lecture Third Reading - Troisieme lecture Planning Advisory Committee July 27, 2005 Your Worship and Councillors SUBJECT: Proposed Rezoning 1595 Hickey Road P.0, Box 1971 506 658 -2800 Saint John New Brunswick. Canada E2L 41..1 A-1 City of Saint John On July 4, 2005 Common Council referred the above matter to the planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 26, 2005 meeting. Messrs. Brian Blaikie and Art Melanson attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation, Mr, Mark Connors attended the meeting on behalf of his mother -in -law, Mrs. Gladys Howard, owner of the adjacent property at 1559 Hickey Road. Mr. Connors indicated that, while not opposed to the application, they had concerns about the potential hours of operation, the type of clientele that might be expected, the proximity of the establishment to Simonds High School and the impact on his mother -in -law's property value. No other persons addressed the Committee and no letters were received. There was considerable discussion with respect to the hours of operation, the proximity to the high school and the potential for an outdoor smoking area for patrons. After considering the report and presentations, the Committee decided to recommend that the proposed rezoning be denied. 1;73 1107]x IS►1VAM[rl►1a That the proposed rezoning of 1595 Hickey Road be denied. RGp /r Attachments Project No. 05 -190 U FROM: PLANNING AND DEVELOPMENT SUBJECT: Name of Applicant: Pizzano's Pizza Name of Owner: Belle Co. Holdings Ltd. Location: 1595 Hickey Road PID: 436600 Municipal Plan: Low Density Residential Zoning: Existing: "B-l" Local Business Proposed: "B-2" General Business Proposal: To permit an existing restaurant to obtain a Dining Room liquor licence Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, August 2, 2005. Pizzano's Pizza Page 2 1595 Hickey Road July 22, 2005 1. That Common Council rezone a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PED 436600, from "B -1" Local Business to "B-2" General Business. 2. That, pursuant to Section 39 of the Community Planning Act, the use proposed use of a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PID 436600, be subject to the condition that the licensed area of a Dining Room be restricted to the interior of the building and further that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. I I I U I � On May 22, 1991, the Committee approved a variance to permit a 4-foot by 14-foot roof sign and to permit all of the then-existing roof signs to remain. On May 18, 2004, the Committee reviewed a conditional use application to establish a take-out restaurant (Captain Submarine) within an existing convenience store in the plaza. The Committee imposed the condition that a minimum of one garbage receptacle be maintained on the site at all times. The committee also approved a new roof sign to replace an existing roof sign. Municipal Operations and Engineering has no objection. Building and Technical Services advises that the premises currently do not meet Code requirements for washrooms for a 25-scat restaurant. Other issues may be identified during permit processing. The owner should contact our office as soon as possible. Fire Department has no objection provided that the occupancy load supports the application. Saint John Police Force advises that the only concern from a police perspective would be noise generated by any outside deck, veranda, or other means for outside activity. N.B. Department of Public Health and Wellness advises that the premises have been inspected and there are a few items that require correction, including flooring, trim around the doors, self- closing devices on doors, Based on the washroom facilities currently provided, the restaurant can Pizzano's Pizza Page 3 1595 Hickey Road July 22, 2005 have a maximum of only ten seats. In order to have the minimum twenty-five seats required for a Dining Room liquor licence, additional washroom facilities would need to be installed. School District 8 has submitted no comments. EVEN IhI&I Site and Neighbourhood The subject site is a small neighbourhood strip plaza on Hickey Road in the Eastwood Park area of East Saint John. The plaza occupies the front part of the site, which has a frontage of approximately 64 metres (210 feet) on Hickey Road and a total area of approximately 8000 square metres (2 acres). The site is bounded on the west by a single family dwelling (1559 Hickey Road) and on the east by a large high-rise apartment development, while to the rear is -undeveloped land extending to Loch Lomond Road. Directly across the street from the subject site is the Hollybrook Court garden home development, a single family dwelling (15 96 Hickey Road), and the Shillington Road entrance to Eastwood Park subdivision. Hickey Road is the collector street for this area of the City, connecting the Eastwood Park and Latimore Lake areas with the central part of the City, via Loch Lomond Road. The applicant operates a small pizza restaurant in the plaza, as well as a second PizaTmo's at Loch Lomond Mall. Other businesses in the plaza include a paintball supply business, a hair salon, a fishing supply business and the convenience store/Captain Submarine. The applicant's restaurant provides meals that may be consumed on the premises or for take out. This restaurant has served the surrounding neighbourhood for several years. A restaurant without a licence under the Liquor Control Act is a permitted use under the existing "B-1" Local Business zoning of the property. Prop-0—sal The applicant now wishes to obtain a Dining Room licence for the restaurant operation. This licence would permit the serving of alcoholic beverages with meals (as well as the installation of up to two video lottery terminals (VLTs) in the licensed premises). As the "B -1" Local Business zoning of the property only permits an unlicensed restaurant, the applicant has requested that the property be rezoned to "B-2" General Business, which does not contain this restriction. The restaurant currently is open from 11:00 a.m. to 10:00 p.m. Monday to Thursday, 11:00 a.m. to midnight Friday, 3:00 p.m. to midnight Saturday, and 3:00 p.m. to 10:00 p.m. Sunday. The restaurant previously was open to midnight every night, but these hours were. cut back to 10 :00 p.m. on weeknights a few years ago. While provincial regulations permit a licensed Dining Room to serve drinks from 9:00 a.m. to 2:00 a.m., the applicant does not anticipate any change to Pizzano's Pizza Page 4 1595 Hickey Road July 22, 2005 the present hours of operation. However, the applicant indicates that it may return to the nightly midnight closing time in the future. As noted in the input from the Building inspector and Department of Health, additional washroom facilities will be required in order to accommodate the minimum 25 seats required for a Dining Room licence. Proposed-Rezonin Prior to 2000, restaurants in all zones (including "B -1" Local Business) were permitted to operate with or without Dining Room liquor licences. The serving of such beverages under a Dining Room licence is considered to be minor and incidental to the main restaurant use. This treatment is different from that of other types of licensed facilities, namely clubs and lounges, which are restricted in their locations to properties that are separated from churches, schools and residential zones. In response to community concerns, the Zoning By -law was amended in February 2000 to remove the ability for restaurants in the "B -1" Local Business zone to be automatically licensed as Dining Rooms. The concern was mainly with individual neighbourhood commercial properties within the residential neighbourhoods (as opposed to larger properties with more substantial commercial uses that are usually part of a designated .District or Neighbourhood Centre). These small individual properties (often corner stores) tend to be zoned "B -1" Local Business rather than "B -2" General Business. Specifically, the concern arose after an application by the convenience store /take -out restaurant at the corner of Spar Cove Road and Millidge Avenue, for a Section 39 amendment to its conditions of zoning to permit creation of a sit -down licensed restaurant. That application was not approved. The general amendment to the Zoning By -law was subsequently initiated and adopted to ensure that other "B -1" properties (i.e. those not subject to Section 39 restrictions) could not automatically obtain Dining Room licences. Instead, they would first have to go through a rezoning process to "B -2" General Business so that there could be input from the neighbourhood concerning the proposal. In this case, the subject property, while not formally designated as a Neighbourhood Centre, certainly acts as a commercial node for the neighbourhood with the existing plaza containing a variety of businesses. The property is located on a collector street on the edge of the residential area, with higher density residential uses in close proximity, and includes a large paved off-street parking area. From a plamiing perspective, the proposed "B -2" General Business zoning, which allows for facilities such as a restaurant with a Dining Room liquor licence, is considered appropriate for such commercial nodes. Clearly, a lounge would not be appropriate at this location, and would not be permitted by the proposed "B -2" General Business zoning due to the proximity of adjacent residential uses. However, a restaurant, where the serving of beverages with meals only is permitted, is a normal component of a neighbourhood commercial centre. Pizzano's Pizza Page 5 1595 Hickey Road July 22, 2005 Based on the above considerations, approval of the proposed rezoning to "B-2" General Business can be recommended. However, it is also recommended that the licensed area be restricted to the interior of the building in order to address the Police Force's concern about any noise emanating from an outdoor deck or veranda. An appropriate Section 39 resolution is included in the recommendation. RGP/r Project No, 05-190 0 1 A 111 11 1 1 • 11 1 11111111111 1 1 W 191E W V 1019 1 M.V 1 Wd Xf IWA, I M 0 ll� ON M U013 MOM SUBJECT: Amend Zoning By-Law and Section 39 Resolution REGISTRY OFFICE: Recorded -in.-Registry Office - - "certify 2 copies of Rezoning By-law Amendment - legal 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 Recorded in Registry Office - IF NOT LAND TITLES - certify 2 copies of the Section 39 Resolution - legal size, incl. owner's name attachment 'A' (resolution from Council) - single spacing INWAIL . 41#11JI1161 certify 1 copy of the Section 39 Resolution - legal size attachment 'A' (resolution from Council) - single spacing 1 copy of either one will be returned to the Common Clerk's Office Taken to Registry Office on: - * Copy to - - Applicant - copy of By-law and all attachments Baird - copy of By-law and all attachments Edwards copy • Section 39 certification Common Clerk's office Bureau du greffier communal wwwsaintjohn.ca August 31, 2005 Pizzano's Pizza C/o Personal Holdings 90 Leinster Street Saint John, NB E2L 1J3 Dear Sirs: P.O. Box/C.F. 1971 Saint John, NB/N.-B. Canada E2L 4L1 At a meeting of the Common Council, held on August 15, 2005, the following resolutions were adopted, namely:- "RESOLVED that the by-law entitled, "By-law Number C.P. 100-695 A Law To Amend the Zoning By-law of The City of Saint John" by re-zoning a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PI D Number 436600, from "B -1'" Local Business to "B-2" General Business classification be read a third time, enacted and the Corporate Common Sea[ affixed thereto." "RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 8000 square metres, located at 1595 Hickey Road, also identified as being PID Number 436600, be subject to the conditions that: a) the hours of operation of any restaurant are restricted to the hours of 11:00 a.m. to midnight; and b) the operation of any restaurant shall be restricted to the interior of the building only; Pizzano's Pizza August 31, 2005 Page 2 and further than upon re-zoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein." Pursuant to the Community Planning Act, the said by-law will not become effective until it is recorded in the Registry Office. You will be notified when this procedure has been carried out. Should the property be used contrary to the provisions of the above resolutions, Council may adopt a motion whereby the property would revert to the original zoning. Yours truly, J. Patrick Woods Common Clerk JPW/slC "4. www.saintjohn.ca 10.2(4)(b) URVOWITIR P.U. Box/C.P. 1971 Saint To'- NB /N. -B. 4L1 Deputy Mayor Michelle Hooton and Members of Common Council Members of Council, 1 t Re: Nominating Committee Recommendations The Nominating Committee having met on July 26th, 2005, makes the following recommendations; That Councillor Observance Committee. be appointed to the Year of the Veteran That Deputy Mayor Hooton, be appointed to the Saint John Community Arts Board for a term of three years to July 31, 2008. That Mr. Greg Yeomans, be re- appointed to the 'Trade and Convention Centre Oversight Committee for a term of three years to July 31, 2008. That the following individuals be appointed to the Board of Directors of Enterprise Saint John for the term specified, Ms. Margo Beckwith -Byrne (Board of Trade Nominee) - 3 years to March 31, 2008 Mr. Brian Cunningham — 3 years to June 26, 2008 Ms. Shelley Rinehart — 3 years to June 26, 2008 Mr. Don BBonnell — 1 year to June 26, 2007 That Deputy Mayor Murray Driscoll be appointed to the PRO Kids Advisory Committee for a term of 2 years to July 31, 2007, Respect ly submitted, Ma or Norm McFarlane I Chairman i SAINT jOHN • PO ]Box 1971 Saint John, New Brunswick Canada E.2L 4LT Bureau des Conrmi"ssaires du Service de A)& e de Saint John C' A_ 1971 Saint John Nauveau- Bnmsit4ck- Canacla E3L 4LI RAYMOND T. FRENCH C airlTrt silent MALCOLM HARRIS Vice Chair/ Vice President WES COSMAN Secretor } /Secretaire. IVAN COURT Commissions rl Comm issaire RILL FARREN Commissioner) Commissaire CHARLENE HAYE,S Commissionerl C"ominissaire NORMAN McI+ARLANE P✓layorliVa re SARA171 WILSON Executive Secretaryl .Seccrr faire A d`ministraiive Telephemc lTc lenhone: (506) 674 -4742 Fwu TeIkolrie ur: (506) 648 -3304 E- maillCoarrrit,k sarah.wilsrn @sain�john.c•a Q)- SiUNT JOHN Explore our past/ Evolore_- nvtre masse July 21, 2005 His Worship .Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: l am writing on behalf of the Saint John Board of Police Commissioners to request an appointment to appear before Common Council to present the Saint John Police Force 2004 Annual Report during the public session of the Council Meeting on August 28 "' I wish to thank Common Council in advance for this opportunity. Would you please confirm the details either Chief Bodechon or the Board's Executive Secretary, Mrs. Wilson. Yours truly, Raymond T. French Chair C: Chief Allen G. Bodechon Thursday, July 28, 2005 ma�yy, � '��./.. July 2�6, 2005 !l ��`c.cx�SO��? ��r��t. His Worship, Mayor Norm MacFarlane and Members of Common Council Saint Toht.: City- of Saint John P.O. Box 1971 New f runs wick' Saint John, N13 E2L 4L1 Ca qa a E2E 4'x'4 Bear Mayor and Council: Td, `506) 632 -6103 1 am writing in response to your motion of July 18, asking that the Harbour Station Commission reconsider the opportunity to market naming rights for Harbour Fw, (506) 632 -6121 Station to potential corporate sponsors. I wish to clarify any confusion surrounding this matter. gnai maij.C-)harboLuscaorj,nb.ca www.harbourstatson.nb.ca I'd like to assure you that your previous request, which was conveyed to the Harbour Station Commission by letter dated March 22, 2005, was addressed in a detailed discussion which occurred at a meeting of the commission held on March 24, 2005. In anticipation of that meeting, the Commission's staff reviewed previous discussions relating to naming rights, the current market for such rights and the outstanding discussions with respect to commercial sponsorships involved with the establishment of the Saint John Sea Dogs hockey club. A lengthy review of these matters occurred at our meeting and the Commission felt that the various business issues were being properly handled. In that context, the General Manager confirmed to the member of council who had raised the inquiry that the Commission remained committed to exploring any such opportunities. Since the inquiry had originated with an individual member, a personal reply seemed like a courteous coarse of action. The simple business fact is that naming rights could easily be sold for our facility at a law price. In that sense, it is not really helpful to only ask if .someone would be interested in narning rights. The more irnpotlarit issue is what should the price be for such an opportunity. A.ny decision with respect to naming rights trust balance the interests of the various stakeholders involved including the marketing of advertising inside and outside the facility. The price for naming rights must be high enough in order to not upset the market for these other forms of advertising. Obviously, none of the stakeholders would be pleased to find that the name of the facility in which the citizens of the region are justifiably proud has been sold for no significant benefit and, in fact, for a price which would detrimentally affect other matters. These are the types of issues which your appointed representatives on the Commission have considered (and will constantly review) in conjunction with our highly- experienced staff Y7 # Mayor & Common Council July 28, 2005 City of Sault John Page: 2 I would like to offer my personal view that the City of Saint John has been well served by its appointed representatives who have taken the task of minimizing the operating deficit of the facility very seriously during some difficult times. As previously reported, our recent deficit (in the absence of a major tenant) was a remarkable achievement in teamwork. In that context, I can assure you that no source of revenue (including a suitable proposal for naming rights) has escaped consideration. In order to ensure that my conclusions are correct, the Commission will revisit the matter as you have requested. In the meantime, we are working hard to ensure a successful opening for Harbour Station's new major tenant, the Saint John Sea Dogs and the reputation of Harbour Station as the most efficient facility of its type in Atlantic Canada. In order to facilitate Council's understanding of any matters associated with the operation of Harbour Station, we would be pleased to arrange a presentation by our staff on this or any other topic or would welcome your attendance for a tour of the facility. Members of Council should feel free to contact your representatives and ask them to raise any issues for our consideration. We remain a relatively informal group and welcome input from all sources. Naturally, we will continue to report to the Regional Facilities Commission on financial matters in accordance with our legislative requirements. Yours truly, Peter Klohn Chairman, Harbour Station Commission ti Planning Advisory Committee August 10, 2005 Your Worship and Councillors: RO. Box 1971 506 58 -2800 Saint Joh n New Brunswick. Canada. ER 4L1 jol� SUBJECT: Proposed `besting of New Cul -de -Sac Turnaround City of ai��: Osprey Terrace, Highlands of Drury Cove The Committee considered the attached report at its August 9, 2005 meeting. Mr. Scott MacDonald of Drury Cove Developments Inc. attended the meeting and expressed agreement with the recommendation. No other persons attended the meeting and no letters were received. After considering the matter, the Committee adopted the recommendation contained in the attached report, which includes the Committees concurrence with the proposed removal of an approximately 80- square -metre portion of Parcel LPP -2 (PID 55175418) to become part of the Osprey Terrace public street right - of -way. RECOMMENDATION: 1. That Common Council approve the removal of an approximately 80- square- metre portion of Parcel LPP -2 (PID 55175418) to become part of the Osprey Terrace public street right -of -way. 2. That Common Council assent to the submitted amending subdivision plan for The Highlands of Drury Cove Subdivision — Phase 2 with respect to the vesting of portions of PID numbers 53207, 55171847, 55175418 and 55175509 as a public street right- of-way for the proposed new Osprey Terrace cul -de -sac turnaround, and to any required municipal services easements and public utility easements. RGPIr Attachments Project No. 04-020 Planning and Developtnent Urbanisme et developpernent www.saintjohn.ca DATE: TO: FROM: FOR:. SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: AUGUST 9, 2005 P.O. Box/C.P. 1971 Saint john, NB /N. -B. Canada E2L 4L1 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF AUGUST 9, 2005 Randall G. Pollock, MCIP Planner Drury Cove Developments Inc. Drury Cove Developments Inc., Arthur Irving, and City of Saint John Osprey Terrace, Highlands of Drury Cove (Project File: 110 Drury Cove Road) Portions of 53207, 55171847, 55175418 and 55175509 Low Density Residential "RSS" One Family Serviced Suburban Residential To vest a new cul -de -sac turnaround at the new end of Osprey Terrace Subdivision JURISDICTION. OF COMMITTEE- The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council with respect to the vesting of land for public street purposes. Drury Cove Developments Inc. Page 2 Osprey Terrace August 9, 2005 STAFF RECOMMENDATION TO COMMITTEE: 1. That the Planning Advisory Committee concurs with the proposed removal of an approximately 80- square -metre portion of Parcel LPP -2 (PID 55175418) to become part of the Osprey Terrace public street right -of -way. 2. That Common Council assent to the submitted amending subdivision plan for The Highlands of Drury Cove Subdivision — Phase 2 with respect to the vesting of portions of PID numbers 53207, 55171847, 55175418 and 55175509 as a public street right- of-way for the proposed new Osprey Terrace cul -de -sac turnaround, and to any required municipal services easements and public utility easements. • r On February 16, 2004, Common Council assented to the first two phases of the Highlands of Drury Cove Subdivision, including the creation of Osprey Terrace as a public street. The final subdivision plan creating this street was approved by the Development Officer on May 11, 2005. Shortly after the plan was filed in the Registry Office, the developer was approached by the new owner of 40 Osprey Terrace (Lot B -5) with a proposal to acquire additional land, including the end of Osprey Terrace, for consolidation with Lot B -5. On August 2, 2005, Common Council gave third reading to a street - closing by -law that closed the affected portion of Osprey Terrace. The former street area will be conveyed to the developer, which, in turn, will convey it to the owner of Lot B -5 along with other portions of the developer's land holdings, as illustrated on the attached tentative subdivision plan. Municipal Operations and Engineering has no objection. Saint John Energy has no objection. They have been working with the developer with respect to easements, etc. Aliant Telecom has no objection. The new easements will address the already existing infrastructure. Leisure Services has submitted no comments. Fire Department has no objection to this application provided that the hydrant which currently exists within parcel "A" shall be moved to a point on the new cul -de -sac so that it is readily accessible to responding fire apparatus or, if the hydrant which currently exist within parcel "A" becomes a private hydrant (and not readily accessible to the rest of Osprey Terrace) then it shall be maintained as per code. In addition, another hydrant would have to provided on the new cul- Drury Cove Developments Inc. Page 3 Osprey Terrace August 9, 2005 de-sac (so that it is readily accessible to responding apparatus), to serve as a replacement for the hydrant that would become not readily accessible. (The next available hydrant to the proposed cul-de-sac area is approximately 110 metres away). F-MMMIM Now that the original cul-de-sac turnaround area for Osprey Terrace has been closed and is no longer part of the public street, it is necessary to create a new turnaround area to vest in the City. The developer has submitted the attached amending subdivision plan, which would vest portions of the applicant's land, as well as a portion of Lot B-5 and a portion of the City's Land for Public Purposes (LPP) Parcel LPP-2, for this purpose. The proposed new turnaround meets the minimum diameter requirement of the Subdivision By- law of 37.5 metres (124 feet). Existing infrastructure that will remain in the former street area will be retained in an easement. The area of Lot B-4 will be reduced to 1519 square metres (16,350 square feet), which still exceeds the minimum lot size requirement of 1400 square metres (15,000 square feet). The requirements of the Fire Department with regard to hydrants will be addressed as part of the approval process for the revised engineering plans. The revised street layout is supported and assent is recommended. Due to the nature of this proposal, notice was not sent to surrounding property-owners. RGP/r Project No. 04-020 PLANNING AND DEW DPMENT I URBANISME DE' VELOPPEI TENT f P R ME R!S apse Drury Cove R V-S.S �'DrUr e O� r; v Subject Site: t `, 4r site en question* Location: chemin 110 Drury Cove Road Date: octobre 3 October, 2003 /j Scalefechelle: N T.5. Map No.lcarte_ 07P -04sW 07P -03Nw 07N -93NE 07N -94SE �i i CJ s 1 U Ke. Pid(s) /N IF(s): 00053207 55153456 55153464 55161384 1-v g PUNTA WIN A —.I p,, -W -WITS fi I nk ; a Wit J'� 31 30 -,m 9,11"! STEP AM al 12-1 i xar, { Ir CL o 1 my CA 7 WIMH HEN 1 WFUM "WHIMEHM'. o HIM! H! MIN SUM88 111 31 ''HISS i 2022L - puz ON 1 to QA Avis z Kill R; Mr. Bob Butler 53 Hillcrest Dr. Saint John, NB E2M 4C2 Tuesday, August 9, 2005 Mayor and City Council City of Saint John PQ Box 1971 Saint John, NB Dear Mayor and Council: First the Loyalist man, then the LNG Project, then no Senior Advisory Committee. Now no Festival By the Sea. What is the Council doing to us"? Do they realize that there is a whole city of interested people whose wishes are totally ignored seem to be unimportant. Each of these concerns have resulted in comments from the citizens and undercurrents of concern about what do our elected representatives think about our Senior Citizens. None of the ten points for development have any real support from our ever increasing Senior population figures showing drastic changes in the number of residents reaching the age of retirement. Who has the future of Saint John Senior population as a legitimate concern in their endeavors? Since July of 2004, we have been involved in suggesting to council that a Seniors Advisory Committee to the Mayor and Council be formed, no action was taken. It doesn't seem that council are even interested in attending open meetings of the Senior Advisory Committee to the Premier. Two meetings have been held in this city where were the council members? Many people especially Baby Boomers included are becoming a part of our Senior Community Income of this group for the majority will be static yet everything is increasing on the expense side of a budget. Fuel, electricity, water, bread, taxes and yet we give away large tax concessions that could assist in maintaining a more steady family budget. Who is concerned? Do our elected representatives realize that what we are unconsciously developing is a new class of semi poor people. A Concerned Citizen, And Member of the Seniors Resource Centre Bob Butler August 11, 2005 Mayor and Councillors City of Saint John 15 Market Square Saint John, NB E2L 1E8 Re: Location of Rtaqy John Inc. Dear Mayor and City Councillors: Please find attached a signed petition from the residents of St. James, Lancaster, Germain, Watson and Suffolk Streets. This petition represents the discontent of the placement of Ready John Inc. in a residential area. We are very concerned with the following issues: • Area not zoned for an industrial business • Route is not designated for large commercial vehicles • Property values declining • Smell • Rodents This matter should be presented to the Common Council as soon as possible as we are already experiencing some of the issues presented. Please contact the undersigned after the council has reviewed this concern, Sincerely, Lynn McGuire 300 St. James Street West Saint John, NB E2M 2E8 635-1383 1 3'10 S7- •;,I RV V--)e �4:3 M/I- katol, ci C--, 4 "RS f Ck"Cl A-W16-L 44 C, W v -1 � We, • Residents of James, Germain, Suffolk and Lancaster Streets are opposed to the storage of Ready John at e corner Watson d Germain Streets. • ,i, concerned about property a i declining, stench, rodents MT114! •