2012-07-30_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, July 30, 2012
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil Communal,
veuillez contacter le bureau de la greffiere communale au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private
pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee
will make a decision(s) in that respect in Open Session:
4:00 p.m. 8th Floor Boardroom City Hall
1.1 Land Matter 10.2(4)(c,d)
1.2 Potential Litigation 10.2(4)(g)
1.3 Negotiation 10.2(4)(c)
1.4 Potential Litigation 10.2(4)(g)
1.5 Employment Matter 10.2(4)0)
1.6 Employment Matter 10.2(4)0)
1.7 Employment Matter 10.2(4)0)
1.8 Personnel Matter 10.2(4)(b)
Regular Meeting
1. Call to Order — Prayer
7:00 p.m. Council Chamber
2. Approval of Minutes
2.1 Minutes of June 18, 2012
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Municipal Drainage Easement Acquisition - Bally Desmond Subdivision
Phase 3 M &C 2012 -192 (Recommendation in Report)
5.2 2012 Asphalt Resurfacing - Additional Streets M &C 2012 -194
(Recommendation: Receive for Information)
5.3 Saint John City Market - Lease of Space Stall C -1 M &C 2012 -196
(Recommendation in Report)
5.4 Saint John City Market - Lease of Space Stall D -1 M &C 2012 -197
(Recommendation in Report)
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6. Members Comments
7. Proclamation
8. Delegations/ Presentations
8.1 CAMA Award (No Report - Video Submission Only)
8.2 Common Clerk: Committee System Form of Government
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Section 39 Amendment - 14 McLaughlin Crescent
9.1(b) Planning Advisory Committee Recommendation
10. Consideration of By -laws
10.1(a) Updated Report from Planning Advisory Committee Recommending
Rezoning for 1450 -1600 Sandy Point Road (Tabled on July 3, 2012)
10.1(b) 1st and 2nd Reading for Proposed Zoning ByLaw Amendment 1450 -1600
Sandy Point Road
10.1(c) Planning Advisory Committee Report dated June 21, 2012
10.1(d) Letter of Opposition
11. Submissions by Council Members
11.1 Budget Process Study (Councillor Merrithew)
11.2 Traffic Calming Pilot Program for Douglas Avenue (Councillor MacKenzie)
11.3 Job Descriptions- Duties & Responsibilities (Councillor Reardon)
11.4 Amalgamation of Agencies, Boards and Committees (Councillor Merrithew)
11.5 Ad Hoc Committee to Review Boards, Commissions and Committees
(Councillor McAlary)
11.6 Trade & Convention Centre (Councillor MacKenzie)
12. Business Matters - Municipal Officers
12.1 City Solicitor: Amendment to the Traffic By -Law - King Street East On-
Street Parking
12.2 City Manager: Josselyn Road
12.3 City Manager: Feasibility of Expansion of the LBR Ice Surface to meet
Olympic Specifications M &C 2012 -198
12.4 City Manager: Somerset Street (Wellesley Avenue to Samuel Davis Drive)
Storm Sewer Installation and Street Reconstruction
12.5 City Manager: Peel Plaza Park M &C 2012 -191
13. Committee Reports
13.1 Planning Advisory Committee: Proposed Subdivision Eagles Nest
Subdivision - Phase 1 1450 -1600 Sandy Point Rd
13.2 Planning Advisory Committee: Proposed Subdivision 23 -37 & 24 -40 Linda
Court
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Letter from Town of Rothesay - Regional Growth Strategy
(Recommendation: Receive for Information)
15.2 Hoyco Productions Letter - Amateur MMA Events
16. Adjournment
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The City of Saint John
Seance du conseil communal
Le lundi 30 juillet 2012
Comite pl6nier
1. Ouverture de la seance
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi&re communale au 658 -2862.
Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique
16 h Salle de conference, 8e etage, h6tel de ville
1.1 Question relative aux biens -fonds — alin6as 10.2(4)c), d)
1.2 Litiges possibles — alin6a 10.2(4)g)
1.3 N6gociations — alin6a 10.2(4)c)
1.4 Litiges possibles — alin6a 10.2(4)g)
1.5 Question relative a 1'emploi — alin6a 10.2(4)j)
1.6 Question relative a 1'emploi 10.2(4)j)
1.7 Question relative a 1'emploi — alin6a 10.2(4)j)
1.8 Question relative au personnel — alin6a 10.2(4)b)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
19 h — Salle du conseil
2. Approbation du proces- verbal
2.1 Proc&s- verbal de la s6ance tenue le 18 juin 2012
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises i Papprobation du conseil
5.1 Acquisition d'une servitude de drainage municipale — Lotissement Bally
Desmond, phase 3, M/C 2012 -192 (recommandation figurant au rapport)
5.2 Travaux de resurfagage d'asphalte en 2012 — Rues additionnelles, M/C 2012-
194 (recommandation : accepter a titre informatif)
5.3 March6 municipal de The City of Saint John — Location de Ntal n° C -1,
M/C 2012 -196 (recommandation figurant au rapport)
5.4 March6 municipal de The City of Saint John — Location de Ntal n° D -1,
M/C 2012 -197 (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et presentations
8.1 Prix de 1'ACAD « aucun rapport — pr6sentation video uniquement»
8.2 Greffi&e communale : Mode de gestion du systeme des comites
9. Audiences publiques
19h
9.1a) Modification propos6e a Particle 39 — 14, croissant McLaughlin
9.1b) Recommandation du Comite consultatif d'urbanisme
10. Etude des arret6s municipaux
10.1a) Rapport mis a jour du Comite consultatif d'urbanisme recommandant le
rezonage des 1450 -1600, chemin Sandy Point (point reporte lors de la s6ance du
3 juillet 2012)
10.1b) Premiere et deuxieme lectures du projet de modification de 1'Arr&6 de
zonage visant les 1450 -1600, chemin Sandy Point
10.1 c) Rapport du Comite consultatif d'urbanisme date du 21 juin 2012
10.1d) Lettre d'opposition
11. Interventions des membres du conseil
11.1 Etude du processus budgetaire (conseiller Merrithew)
11.2 Programme pilote d'apaisement de la circulation pour l'avenue Douglas
(conseiller MacKenzie)
11.3 Description de postes — Fonctions et responsabilites (conseillere Reardon)
11.4 Fusion d'agences, de conseils et de comites (conseiller Merrithew)
11.5 Comite special charge d'examiner les conseils, les commissions et les
comites (conseillere McAlary)
11.6 Trade & Convention Centre (conseiller MacKenzie)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Avocat municipal : Modification de 1'Arrete relatif a la circulation —
Stationnement sur la rue King Est
12.2 Directeur general : Chemin Josselyn
12.3 Directeur general : Faisabilite de 1'agrandissement de la surface de glace de
I'arena Lord Beaverbrook afin de respecter les exigences des Jeux olympiques,
M/C 2012 -198
12.4 Directeur general : Rue Somerset (de 1'avenue Wellesley a la
promenade Samuel Davis) — Installation des 6gouts pluviaux et travaux de
r6fection de la rue
12.5 Directeur general : Parc de la place Peel, M/C 2012 -191
13. Rapports d6pos6s par les comites
13.1 Comite consultatif d'urbanisme : Projet de lotissement — Phase 1 du
lotissement Eagles Nest visant les 1450 -1600, chemin Sandy Point
13.2 Comite consultatif d'urbanisme : Projet de lotissement aux 23 -37 et 24-
40, cour Linda
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
15.1 Lettre de la Ville de Rothesay relative a la strategie de croissance r6gionale
(recommandation : accepter a titre informatif)
15.2 Lettre d'Hoyco Productions au sujet des Mnements d'arts martiaux mixtes
amateurs
16. Levee de la seance
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 18, 2012/LE 18 JUIN 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JUNE 18, 2012 - 6:30 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon and Snook
- and -
K. Forrest, Commissioner of Growth and Development Services/
Acting City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Administrative Services; W.
Edwards, Commissioner of Transportation & Environment
Services /City Engineer; A. Poffenroth, Deputy Commissioner of
Buildings and Inspection Services; J. Hamilton, Commissioner of
Strategic Services; E. Garland, Fire Department Platoon Chief; E.
Gormley, Common Clerk and J. Taylor, Assistant Common Clerk.
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Reverend Geoff Clarke offered the
opening prayer.
2. Approval of Minutes
2.1 Minutes of May 28, 2012
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that the minutes of the meeting of
Common Council, held on May 28, 2012, be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor Snook
Seconded by Deputy Mayor Rinehart
RESOLVED that the agenda of this meeting be
approved; and further, that item 12.8 be considered with item 10.1 and items 3.8, 11.2
and 11.9 be considered with 11.0.
Question being taken, the motion was carried.
3.0 City Solicitor: Legal Department Services
Referring to a submitted presentation, the City Solicitor outlined the services offered by
the Legal Department.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the submitted presentation from
the City Solicitor be received for information.
Question being taken, the motion was carried.
9. Public Hearings 7:00 P.M.
9.0a) Potential Stop Up and Close and Subsequent Sale of Vimy and Freedom
Court
9.0b) Letter from Elias Management Group Inc. Requesting to Withdraw
Application
On motion of Councillor McAlary
Seconded by Councillor Snook
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RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -145: Potential Stop -Up and Closure and
Subsequent Sale of Vimy and Freedom Courts:
1. Common Council hold the said public hearings;
2. Should Common Council desire to proceed to stop -up and close Vimy Court, it
should proceed with First and Second Readings only; and that Third Reading be
held in the event that an agreement is reached by The City of Saint John with
Elias Management Group Inc. and the Province of New Brunswick for the
reconstruction of Freedom Court; and
3. Common Council postpone First and Second Readings for the stopping -up and
closing of Freedom Court.
Question being taken, the motion was carried.
9.1 Proposed Stop Up and Close Freedom Court
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed bylaw amendment to stop -up and close Vimy Court in its entirety, by
adding thereto Section 231 immediately after Section 230 thereof, with no objections
received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
9.2 Proposed Stop Up and Close Vimy Court
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed bylaw amendment to stop -up and close Vimy Court in its entirety, by
adding thereto Section 231 immediately after Section 230 thereof, with no objections
received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the bylaw entitled, "A ByLaw
Respecting the Stopping Up and Closing of Highways in The City of Saint John"
regarding the entirety of Vimy Court by adding Section 231 immediately after Section
230 thereof, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the bylaw entitled, "A ByLaw Respecting the Stopping Up and
Closing of Highways in The City of Saint John."
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the bylaw entitled, "A ByLaw
Respecting the Stopping Up and Closing of Highways in The City of Saint John"
regarding the entirety of Vimy Court by adding Section 231 immediately after Section
230 thereof, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the bylaw entitled, "A ByLaw Respecting the Stopping Up
and Closing of Highways in The City of Saint John."
3.1 Common Clerk: Common Clerk's Services
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JUNE 18, 2012/LE 18 JUIN 2012
Referring to a submitted presentation, the Common Clerk outlined the services of the
Common Clerk's office.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the presentation from the
Common Clerk regarding Common Clerk's services, be received for information.
Question being taken, the motion was carried.
3.2 Declaration of Conflict
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that item 3.2 Declaration of Conflict be
lifted from the table.
Question being taken, the motion was carried.
Responding to a question, the City Solicitor explained that it is his understanding if
Council adopts the submitted motion it would result in Council no longer receiving advice
on pension matters from those senior city staff members who currently do so. He noted
that if Council adopts the proposed motion, then it should identify a source from which it
will obtain advice on pension matters.
Mr. Nugent stated that in the past when senior staff members have disclosed conflicts of
interest with respect to pension related matters, he has attempted to make it very clear
to Council members that Council must decide whether or not to seek advice from those
senior officers.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the submitted report entitled
Declaration of Conflict be received for information.
Question being taken, the motion was carried with Councillor Farren
voting nay.
(Councillor Fullerton withdrew from the meeting)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that Council add item 13.2 Committee
of the Whole: Recommended Appointments to Committees, to the agenda.
Question being taken, the motion was carried.
3.3 Appointment of Board of Directors of Saint John Port Authority
(Recommendation: Refer to Nominating Committee)
On motion of Councillor Fullerton
Seconded by Councillor Snook
RESOLVED that the submitted letter from the Saint
John Port Authority regarding an appointment to the board of directors of the Saint John
Port Authority, be received for information.
Question being taken, the motion was carried.
(Councillor Fullerton reentered the meeting)
3.4 Harris Letter Re Mispec Beach (Recommendation: Receive for Information)
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that letter the from Brian Harris
regarding Mispec Beach, be received for information.
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JUNE 18, 2012/LE 18 JUIN 2012
Question being taken, the motion was carried.
3.5 Vacant and Derelict Buildings and the Fire Prevention Act (Councillor
Snook)
On motion of Councillor Snook
Seconded by Deputy Mayor Rinehart
RESOLVED that Common Council receive a brief
written report with regard to the fire department's capacity to deal with dilapidated and
derelict buildings under the provisions of the Fire Prevention Act.
Question being taken, the motion was carried.
3.6 Rainbow Park Update (Councillor Snook)
On motion of Councillor Snook
Seconded by Councillor Merrithew
RESOLVED that the City Manager be directed to
present a progress report to Council with regard to Rainbow Park. This report should
provide P.U.LS.E with the opportunity to update Council on the work it has undertaken
with regard to same.
Question being taken, the motion was carried.
3.7 External and Internal Communication Strategy for City of Saint John
(Councillor Snook)
On motion of Councillor Snook
Seconded by Councillor Reardon
RESOLVED that the City Manager present a brief
report to Common Council highlighting the key components of City's internal and
external communication strategy updating Council with regard to the various items
outlined in Councillor Snook's submitted letter.
Question being taken, the motion was carried.
3.9 City Manager: Request for Approval to Pay Invoice for Demolition of 127-
141 Charlotte Street /127 Princess Street, MC2012 -130
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that item 3.9 Request for Approval to
Pay Invoice for Demolition of 127 -141 Charlotte Street /127 Princess Street be tabled.
Question being taken, the motion was carried.
3.10 City Solicitor: Proposed Procedural By -Law Amendment
On motion of Councillor Norton
Seconded by Deputy Mayor Rinehart
RESOLVED that the bylaw entitled, "A ByLaw
Respecting the Procedure of the Common Council of The City of Saint John" be
amended by repealing and replacing Sections 16.4, 16.5, 16.6, 16.7, 16.12, be read a
first time.
Question being taken, the motion was carried.
Read a first time by title, the bylaw entitled, "A ByLaw Respecting the Procedure of the
Common Council of The City of Saint John ".
On motion of Councillor Norton
Seconded by Deputy Mayor Rinehart
RESOLVED that the bylaw entitled, "A ByLaw
Respecting the Procedure of the Common Council of The City of Saint John" be
amended by repealing and replacing Sections 16.4, 16.5, 16.6, 16.7, 16.12, be read a
second time.
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COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 18, 2012/LE 18 JUIN 2012
Question being taken, the motion was carried.
Read a second time by title, the bylaw entitled, "A ByLaw Respecting the Procedure of
the Common Council of The City of Saint John ".
3.11 H. Wright Letter Re: Request to Present by 410 Squadron, RCAF
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the letter from H. Wright
requesting a presentation by 410 Squadron, be received for information.
Question being taken, the motion was carried.
3.12 City Solicitor: Third Reading Dog Control By -Law (Amendment)
3.12(a)Third Reading Proposed Dog Control By -Law
3.12(b)M &C 2012 -134: Third Reading of Saint John Dog Control By -Law
On motion of Deputy Mayor Rinehart
Seconded by Councillor Merrithew
RESOLVED that the third reading for the proposed
dog control by -law be tabled for a six week period; and further that the City Manager be
directed to devise a business model, or examine innovative solutions for revenue
generation, to address the issue of animal control in the City of Saint John.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That the YMCA -YWCA request to present be referred to the Common Clerk for
scheduling in Committee of the Whole.
5.2 That the request for Municipal support for the Multicultural Association of Saint
John be referred to the City Manager.
5.3 That the Multicultural Association of Saint John Inc. request for a representative
from The City to the Board of Directors of the Multicultural Association, be referred to the
Nominating Committee.
5.4 Refer to item 14.1
5.5 That as recommended by the City Manager in the submitted report M &C 2012-
161: Tender for Computer Network Equipment, the tender for the establishment of a
standing offer agreement for computer equipment, for a 2 year period with an option to
renew for an additional year, be awarded to the low bidder for each block, as indicated
below.
Block A — Soft Choice Block D — Cox Communications
Block B — Unis Lumin Block E — Cox Communications
Block C — Soft Choice Block F — Bell Canada
Block G — Universal Power Solutions
5.6 Refer to item 14.2
5.7 That report M &C 2012 -142: Contract 2011 -10: Riverview Avenue - Sanitary Lift
Station #30 & Force Main, be received for information.
5.8 That the report M &C 2012 -136: Public Information Session - Beach Crescent
SLS & Kennebecasis Drive No. 2 SLS Upgrades and Beach Crescent Area Sanitary
Sewer Installation and Alward Street Sanitary Sewer Installation, be received for
information.
5.9 That the submitted report M &C 2012 -152: Public Information Session -
Champlain Heights Water Pump Station Upgrades, be received for information.
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5.10 That as recommended by the City Manager in the submitted report M &C 2012-
143: Champlain Heights Water Pump Station Upgrades, Contract No. 2012 -7 that
Contract No. 2012 -7: Champlain Heights Water Pump Station Upgrades, be awarded to
the tenderer, Terraex. Inc., at the tendered price of $413,975.50 as calculated based
upon estimated quantities, and further, that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
5.11 That as recommended by the City Manager in the submitted report M &C 2012-
144: Engineering Design and Construction Management: Harbourview Subdivision
Water System Phase 11 - Seaward Crescent Wellhouse Upgrade that the proposal from
Dillon Consulting Limited for engineering services (design and construction
management) for the Harbourview Subdivision Water System Phase II - Seaward
Crescent Wellhouse Upgrade be accepted and that the Mayor and Common Clerk be
authorized to execute the appropriate documentation in that regard.
5.12 That as recommended by the City Manager in the submitted report M &C 2012-
140: Microsurfacing - 2012, Contract No. 2012 -20 that Contract No. 2012 -20:
Microsurfacing - 2012, be awarded to the low tenderer, Industrial Cold Milling Ltd., at the
tendered price of $442,521.90 as calculated based upon estimated quantities, and
further, that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
5.13 That as recommended by the City Manager in the submitted report M &C 2012-
146: Transportation & Environment Service — Establishment Change that Common
Council approve the addition of four permanent full time employees (two positions from
Saint John Water and two positions from Parks and Public Spaces Service) to support
the Solid Waste Management Service - Outsource Decision.
5.14 That as recommended by the City Manager in the submitted report M &C 2012-
138: 47 Sewell Street (PID # 00038588) Retaining Wall at the Corner of Sewell and
Dorchester Streets:
1. Common Council amend its August 15, 2011 resolution by deleting "with said report"
and replacing it with "with M &C report No. 2012 -138 dated June 11, 2012.
2. The City enter into the Cost Sharing Agreement generally in the form as is attached to
M &C No. 2012 -138, dated June 11, 2012 with Commercial Properties for the
construction of the retaining wall at the corner of Dorchester and Sewell Streets.
5.15 That as recommended by the City Manager in the submitted report M &C 2012-
139: Harbour Clean Up Chesley Dr - Lift Station 10A:
1. The City of Saint John enter into an agreement with Department of National Defense
upon the terms and conditions of the Letter of Intent /Access Agreement attached to
M &C 2012 -139, and,
2. The Mayor and Common Clerk be authorized to sign all necessary
documentation.
5.16 That as recommended by the City Manager in the submitted report M &C 2012-
148: Reversing Falls Restaurant and Split Rock Cafe that Common Council grants
662677 N.B. approval to seek a Planning Advisory Committee amendment /variance to
the Split Rock Cafe restrictions on months of operations.
5.17 That as recommended by the City Manager in the submitted report M &C 2012-
158: Completion of the Outdoor Plaza Work — Harbourfront Residences at Three Sisters,
the construction of the Outdoor Plaza at the Harbourfront Residences at Three Sisters
be awarded to Milestone Construction at the submitted price of $347,854 and further,
that the City Solicitor be directed to draft an appropriate agreement for this work subject
to the future review and approval of Common Council.
5.18 That as recommended by the City Manager in the submitted report M &C 2012-
162: Proposed Municipal Plan Amendments 3795 Loch Lomond Road, Abigail Place and
356 Eldersley Avenue, Common Council authorize the initiation of the process to
consider the following amendments to the Municipal Development Plan:
1. Rural Resource to Rural Residential for the properties at 3795 Loch Lomond
Road shown on the attached map, being PID numbers 55214910 and 00329144;
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2. Rural Resource to Rural Residential for the property at 2377 Loch Lomond Road
shown on the attached map, being PID number 55196588; and
3. Rural Resource to Rural Residential for the property 356 Eldersley Avenue (Pill)
shown on the attached map, being PID number 00330159.
5.19 That as recommended by the City Manager in the submitted report entitled
License — Lighthouse that Common Council approve the attached license agreement
respecting the between the City of Saint John and Her Majesty the Queen in Right of
Canada as represented by the Minister of Fisheries and Oceans and that the Mayor and
Common Clerk be authorized to sign the license agreement.
5.20 That as recommended by the City Manager in the submitted report M &C 2012-
150: Demolition of a fire - damaged and dangerous building at 53 Victoria Street (PID
#55036461) that Common Council direct one or more of the Officers appointed and
designated by Council for the enforcement of the Saint John Unsightly Premises and
Dangerous Buildings and Structures By -law, arrange for the demolition of the building at
53 Victoria Street (PID # 55036461), in accordance with the applicable City purchasing
policies.
5.21 That the Mayor write a letter to the Vice President of UNBSJ requesting use of
the Canada Games Stadium for the Women's World Tackle Football Championship.
5.22 That as recommended by the City Manager in the submitted report entitled
Occupancy Agreement that Common Council approve the attached Occupancy
Agreement between the City of Saint John and Her Majesty the Queen in Right of
Canada as represented by the Minister of Fisheries and Oceans and that the Mayor and
Common Clerk be authorized to sign the Interim Occupancy Agreement.
5.23 That as recommended by the City Manager in the submitted report M &C 2012-
159: Quinton Heights Community Park that this report be received and filed.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the recommendation set out for
each consent agenda item respectively with the exception of items 5.4 Letter from
Uptown Saint John regarding Council Appointment to Board of
Directors; 5.6 Lifeguard Services - City Beaches, which have been identified for debate,
be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Communities Day — June 23, 2012
The Mayor proclaimed June 23rd, 2012 Communities Day in The City of Saint John.
7.2 National Aboriginal Day — June 21, 2012
The Mayor proclaimed June 21St, 2012 National Aboriginal Day in The City of Saint John.
(Councillor Farren withdrew from the meeting)
12.8 City Manager: Municipal Plan Amendment & Rezoning Application 1000
Latimore Lake Road
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -154: Municipal Plan Amendment &
Rezoning Application 1000 Latimore Lake Road that the application by Kimberly Wilson
and Douglas Cyr for a Municipal Plan Amendment and Rezoning be received for
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information, and not proceed to the Planning Advisory Committee for further evaluation,
for the following reasons:
1. The application for an industrial use in the Rural Resource Area is not in conformity
with the intent of the Municipal Plan;
2. The proposed location is well outside of the Primary Development Area; and
3. There is existing residential development in close proximity along Latimore Lake
Road.
Question being taken, the motion was carried.
10. Consideration of By -laws
10.2(a)Third Reading Zoning ByLaw Amendment 130 -134 Milford Road
10.2(b)Section 39 Conditions
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -196 A Law to Amend the Zoning ByLaw of The City of Saint John," re-
zoning a parcel of land with an area of approximately 4774 square metres, located at
130 -134 Milford Road, also identified as being PID Number 55123673, from "R -1 B" One
Family Residential to "RM -1" Three Storey Multiple Residential, be read.
Question being taken, the motion was carried.
The bylaw entitled, "ByLaw Number C.P. 110 -196, A Law to Amend the Zoning ByLaw of
The City of Saint John," was read in its entirety.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the use of a parcel of land with an area of
approximately 4774 square metres, located at 130 -134 Milford Road, also identified as
PID Number 55123673, be subject to the following conditions:
a. The proposal be limited to a six -unit seniors' dwelling;
b. The site shall not be developed except in accordance with detailed elevation
plans and a detailed site plan illustrating the location and treatment of the
building, driveway and parking area a board -on -board fence along the western
property line and landscaped areas, to be prepared by the proponent and subject
to the approval of the Development Officer. The required plans must be attached
to the building permit for the development; and
c. All work shown on the site plan and building elevation plans must be completed
by the proponent within one year of the rezoning of the subject site.
Question being taken, the motion was carried with Councillors Norton and
Reardon voting nay.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -196 A Law to Amend the Zoning ByLaw of The City of Saint John," re-
zoning a parcel of land with an area of approximately 4774 square metres, located at
130 -134 Milford Road, also identified as being PID Number 55123673, from "R -1 B" One
Family Residential to "RM -1" Three Storey Multiple Residential, be read a third time,
enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the bylaw entitled, "ByLaw Number C.P. 110 -196, A Law to
Amend the Zoning ByLaw of The City of Saint John."
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10.3(a)Third Reading Zoning By -Law Amendment 24 -26 Highmount Court
10.3(b)Section 39 Conditions
On motion of Councillor Snook
Seconded by Deputy Mayor Rinehart
RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -196, A Law to Amend the Zoning ByLaw of The City of Saint John" re-
zoning a parcel of land having an area of approximately 694 square metres, located at
24 -26 Highmount Court, also identified as being PID Number 55046015, from "R -2" One
and Two Family Residential to "R -4" Four Family Residential, be read.
Question being taken, the motion was carried with Councillors MacKenzie
and Fullerton voting nay.
The bylaw entitled, "ByLaw Number C.P. 110 -196, A Law to Amend the Zoning ByLaw of
The City of Saint John," was read in its entirety.
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed development of the parcel of
land with an area of approximately 694 square metres, located at 24 -26 Highmount
Court, also identified as PID Number 55046015 be subject to the following conditions:
a. The use of the subject site be restricted to a maximum of three dwelling units;
b. The development and use of the site be in accordance with a detailed parking
and landscaping plan, to be prepared by the proponent and subject to the
approval of the Development Officer indicating the location and details of a
board -on -board privacy fence between the parking area and the adjacent
property at 20 Highmount Court and the removal of the paved and gravel parking
areas on the Fern Hill Cemetery Company property;
c. That the approved plans mentioned in condition (b) and above must be attached
to the application for a building permit for the development, and that no permits,
other than site preparation permits, be issued until the Development Officer has
approved the plans; and
d. All site improvements shown on the approved plans for the development, except
for landscaping, must be completed prior to the opening of the facility and the
landscaping must be completed within one year of the building permit approval.
Question being taken, the motion was defeated with Deputy Mayor
Rinehart and Councillors Fullerton, MacKenzie, Snook and Reardon voting nay.
(Councillor Farren reentered the meeting)
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -196, A Law to Amend the Zoning ByLaw of The City of Saint John" re-
zoning a parcel of land having an area of approximately 694 square metres, located at
24 -26 Highmount Court, also identified as being PID Number 55046015, from "R -2" One
and Two Family Residential to "R -4" Four Family Residential, be read a third time,
enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried with Deputy Mayor
Rinehart, and Councillors Fullerton, Reardon, Snook.
Read a third time by title, the bylaw entitled, "ByLaw Number C.P. 110 -196, A Law to
Amend the Zoning ByLaw of The City of Saint John."
10.4(a)Third Reading Zoning ByLaw Amendment 47 -49 Cranston Avenue
10.4(b)Section 39 Conditions
On motion of Councillor McAlary
Seconded by Councillor Farren
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RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -199, A Law to Amend the Zoning ByLaw of The City of Saint John," re-
zoning a parcel of land with an area of approximately 630 square metres, located at 47-
49 Cranston Avenue, also identified as being PID Numbers 00026120 and 55068621,
from "R -4" Four Family Residential to "RM -1" Three Storey Multiple Residential, be read.
Question being taken, the motion was carried.
The bylaw entitled, "ByLaw Number C.P. 110 -199, A Law to Amend the Zoning ByLaw of
The City of Saint John," was read in its entirety.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed development of the parcel of
land with an area of approximately 630 square metres, located at 47 -49 Cranston
Avenue, also identified as being PID Numbers 00026120 and 55068621, be subject to
the following conditions:
a. That a board -on -board fence of a least 1 metre in height be installed between the
proposed parking area and the residential property to the south at 39 -41
Cranston Avenue (PID Number 55043517) and to the west at 42 Somerset Street
(PID Number 00031179) within one year of the issuance of a Building Permit.
b. That any development of the site be in accordance with a detailed site plan, to be
prepared by the proponent and subject to the approval of the Development
Officer prior to the issuance of a Building Permit, indicating the location of all
buildings, structures, parking areas, driveways, outdoor storage areas for waste,
and landscaped areas including required fencing.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the bylaw entitled, "ByLaw
Number C.P. 110 -199, A Law to Amend the Zoning ByLaw of The City of Saint John," re-
zoning a parcel of land with an area of approximately 630 square metres, located at 47-
49 Cranston Avenue, also identified as being PID Numbers 00026120 and 55068621,
from "R -4" Four Family Residential to "RM -1" Three Storey Multiple Residential, be read
a third time, enacted and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the bylaw entitled, "ByLaw Number C.P. 110 -199, A Law to
Amend the Zoning ByLaw of The City of Saint John."
10.3(a)Third Reading Zoning ByLaw Amendment 24 -26 Highmount Court
Some Council members expressed the desire to reconsider the resolutions for item 10.3,
noting that there was confusion when voting on the motions for this item.
The City Solicitor stated that he is not certain if Council can reconsider a third reading of
a rezoning subsequent the public hearing for the subject property, noting that the
process governing the adoption of an amendment to the Zoning ByLaw, which is set out
in the Community Planning Act, may be beyond the reach of Council's Procedural
ByLaw.
Mr. Nugent recommended that Council refer the question to him of whether or not third
reading for item 10.3 is available for reconsideration under the terms of Council's
Procedural ByLaw, or whether it requires another public hearing to revert the zoning to
what it was previously.
Responding to a question, Mr. Nugent stated that Council may wish to proceed with a
reconsideration motion for item 10.3, noting that he would continue to examine the
question of whether a reconsideration motion was available to the Council for this
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matter. He added that if he determines the reconsideration motion was an invalid
authority, he will advise Council on its options.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that Third Reading of the Zoning
Bylaw Amendment regarding 24 -26 Highmount Court be referred to the City Solicitor for
a report and recommendation respecting whether Council's Procedural ByLaw permits
Council to reconsider its resolutions relating to the rezoning of 24 -26 Highmount Court.
Question being taken, the motion was carried.
Mr. Forrest stated that the rezoning bylaw amendment for the subject property would not
take effect until it is filed in the registry office, adding that although third reading has
been given by Council, the bylaw is not yet in force. He further advised that should
Council reconsider the motion and adopt a resolution contrary to the Planning Advisory
Committee's recommendation, Council's voting threshold may be changed due to the
requirements of the Community Planning Act.
On motion of Councillor Snook
Seconded by Councillor MacKenzie
RESOLVED that item 10.3 Third Reading Zoning
ByLaw Amendment 24 -26 Highmount Court, including third reading by title and its
entirety and section 39 conditions, be reconsidered.
Question being taken, the motion was carried with Mayor Norton and
Councillor Merrithew voting nay.
On motion of Councillor Snook
Seconded by Councillor Reardon
RESOLVED that third reading for the Zoning
ByLaw Amendment 24 -26 Highmount Court be denied.
Question being taken, the motion was carried with Mayor Norton, Deputy
Mayor Rinehart and Councillor McAlary voting nay.
11. Submissions by Council Members
11.0 Pension Reform Update (Mayor Norton)
On motion of Mayor Norton
Seconded by Councillor Farren
RESOLVED that Common Council request the
assistance of the Provincial Task Force on Protecting Pension Plans to work with the
plan members (active and retired) and the City of Saint John to explore options and
provide an affordable and sustainable pension reform recommendation (s) and /or
solution.
Responding to a question, the Mayor advised that he will undertake a briefing from the
Pension Task Force to provide an update to Council.
Question being taken, the motion was carried.
3.8 Pension Teach -In for Council Members (Councillor Farren)
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the following items from Council's
agenda of June 18, 2012: 3.8 Pension Teach -In for Council Members, 11.2 Meeting
Request with Superintendent of Pensions, 11.9 Interim Appointment of Pension Board,
be referred to the Mayor and he be directed to contact the Superintendent of Pensions to
request that she meet with Common Council.
Question being taken, the motion was carried.
15. General Correspondence
15.1 Letter from Stephen Byers regarding Permanent Dwelling at 1287 Red Head
Rd with previously submitted reports to Council
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On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that Council approve a permanent
placement of a Mini Home on an undeveloped section of Paisley Street at 1287 Red
Head Road.
Mr. Forrest stated that this matter has appeared before Council a number of times since
2005, noting that planning staff have not objected to a temporary placement of a mobile
home on the site. He added that the permanent placement of a home in this area
creates potential liability issues for the city as the street condition and municipal services
in this area do not meet the current city standards.
The Common Clerk advised that in March of 2012 Council adopted a resolution to deny
the request for the permanent placement of a Mini Home on an undeveloped section of
Paisley Street at 1287 Red Head Road. She added before Council can entertain a
motion to approve the request for permanent placement of a home on this site, Council
must first adopt a resolution to rescind its March 2012 resolution.
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the following resolution adopted
by Common Council on March 26, 2012, be rescinded: "RESOLVED that as
recommended by the City Manager in the submitted report M &C 2012 -063: Proposed
Mini Home on Undeveloped Section of Paisley Street 1287 Red Head Road that
Common Council not approve the development of the proposed dwelling on PID #
55009716 and 55009724, Paisley Street, as satisfactory arrangements have not been
made for street access and other services."
Question being taken, the motion was defeated with Mayor Norton,
Deputy Mayor Rinehart and Councillor Merrithew voting nay.
The Common Clerk advised that the motion was defeated as it required two - thirds of the
whole of Council to succeed, or eight council members, noting that only seven Council
members voted in the affirmative.
The City Solicitor was asked if two - thirds of the whole of Council was required to adopt a
rescinding resolution. Mr. Nugent requested that Council set aside this question until
later in the meeting to provide him with an opportunity to review the matter.
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the meeting time be extended
beyond 10:00 p.m. as provided for in the Procedural By -law.
Question being taken, the motion was carried.
11.1 Pot Holes and Major Cracks on City Streets (Councillor McAlary)
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the City Manager consult with the
City's Transportation Department to attempt to adjust funding in order that as many pot
holes and major cracks be fixed as soon as possible, as well as repaving entire city
streets.
Question being taken, the motion was carried.
11.3 Snow Plowing of Harbour Bridge (Councillor Merrithew)
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that the City Manager be directed to
investigate the possibility of entering into an agreement with the Province of New
Brunswick to snow plow and keep clear the Harbour Bridge.
Question being taken, the motion was carried.
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11.4 Pay -by -Phone Parking Option for Parking Customers (Councillor Norton)
On motion of Councillor Norton
Seconded by Councillor Snook
RESOLVED that the Parking Commission be
requested to investigate the feasibility of a pay -by -phone parking system and report back
to council with a recommendation in six weeks.
Question being taken, the motion was carried.
11.5 Text -to -Pay (Mobile Payment) Option for Paying Parking Tickets (Councillor
Norton)
On motion of Councillor Norton
Seconded by Councillor Snook
RESOLVED that the Parking Commission be
requested to investigate a text -to -pay (mobile payment) system for submitting parking
violations and report back to council with a recommendation in six weeks.
Question being taken, the motion was carried.
11.6 Peel Plaza Park Green Space (Councillor MacKenzie)
On motion of Councillor MacKenzie
Seconded by Councillor Snook
RESOLVED that the City Manager be directed to
investigate a community project whereby interested companies and citizens could
donate labour, materials and artwork in order to reduce funding required to finish the
proposed Peel Plaza Park.
Question being taken, the motion was carried.
11.7 Revenue Generating Routes for Saint John Transit (Councillor MacKenzie)
On motion of Councillor MacKenzie
Seconded by Councillor Snook
RESOLVED that Saint John Common Council
request the Saint John Transit Commission to investigate revenue generating routes to
Sussex potash mines and Point Lepreau generating station to transport workers from
Grand Bay Westfield, Saint John, Rothesay, Quispamsis and Hampton to the Sussex
mines and reverse route to point Lepreau; Further that Council request the transit
commission to closely consider the Cruise ship passenger business, in an effort to gain
some business in tourism; and discussions could be held with the new
District Education Council for transporting students throughout the new Southern New
Brunswick Anglophone School District, with the aim of generating more revenue at peak
and preferred times to restore and improve service during low traffic times.
Question being taken, the motion was carried with Councillor McAlary
voting nay.
11.8 Staff Directory on City Website (Councillor Reardon)
On motion of Councillor Reardon
Seconded by Councillor Farren
RESOLVED that the City Manager be directed to
add a staff directory listing to the City of Saint John website.
Question being taken, the motion was carried
12. Business Matters- Municipal Officers
12.3 City Manager: Customer Service — Proposed 2012 Improvements and CRM
Software Early Adopter Agreement
Referring to the submitted report, J. Hamilton, Commissioner of Strategic Services
provided a review of the proposed 2012 improvements in customer service. Responding
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to questions she stated that the customer service strategy involves new software;
implementing customer service policies for consistencies in levels of service throughout
the organization; and a method of tracking service requests.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -163: Customer Service — Proposed 2012
Improvements and CRM Software Early Adopter Agreement that Common Council:
approve a phased approach to customer service improvements that includes
implementation of customer service standards and a software solution that
supports a coordinated, corporate approach to managing requests for service in
2012; and
authorize enrollment into the submitted an Early Adopter Software Agreement
with Sungard Public Sector Inc. for Customer Relationship Management (CRM)
software.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that item 12.3 Customer Service —
Proposed 2012 Improvements and CRM Software Early Adopter Agreement be tabled
pending a presentation from City Staff.
Question being taken, the motion was carried with Mayor Norton, Deputy
Mayor Rinehart and Councillors Norton and Snook voting nay.
12.4 City Manager: Contract 2012 -2: Thorne Avenue - One Mile Lift Station
Sanitary Forcemain
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -149: Contract 2012 -2: Thorne Avenue - One
Mile Lift Station Sanitary Forcemain that Contract No. 2012- 2: Thorne Avenue- One
Mile Lift Station Sanitary Forcemain be awarded to the low Tenderer, Galbraith
Construction Ltd., at the tendered price of $773,043.17 as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Question being taken, the motion was carried.
12.5 City Manager: Contract No. 2011 -26: Beach Crescent SLS & Kennebecasis
Drive No.2 SLS Upgrades and Beach Crescent Area Sanitary Sewer Installation
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -160: Contract No. 2011 -26: Beach Crescent
SLS & Kennebecasis Drive No.2 SLS Upgrades and Beach Crescent Area Sanitary
Sewer Installation that Contract 2011 -26: Beach Crescent SLS & Kennebecasis Drive
No. 2 SLS Upgrades and Beach Crescent Area Sanitary Sewer Installation be awarded
to the low tenderer, Terraex Inc., at the tendered price of $999,506.47 as calculated
based upon estimated quantities, and further, that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
12.6 City Manager: Contract 2012 -3: Highland Road - Sanitary Lift Station 21 &
21A, Force Main and Sewer
On motion of Councillor Merrithew
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -156: Contract 2012 -3: Highland Road -
Sanitary Lift Station 21 & 21A, Force Main and Sewer that Contract No. 2012- 3:
Highland Road - Sanitary Lift Station 21 & 21A, Force Main and Sewer be awarded to
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the low Tenderer, Fairville Construction Ltd., at the tendered price of $1,073,178.52 as
calculated based upon estimated quantities, and further that the Mayor and Common
Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried.
12.7 City Manager: Contract 2012 -10: Rothesay Avenue - Sanitary Lift Station #6
& Force Main
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -141: Contract 2012 -10: RothesayAvenue -
Sanitary Lift Station #6 & Force Main that Contract No. 2012- 10: Rothesay Avenue -
Sanitary Lift Station #6 & Force Main be awarded to the low Tenderer, Gulf Operators
Ltd., at the tendered price of $1,884,932.66 as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Fullerton
RESOLVED that item 4.2 Lifeguard Services — City
Beaches, be moved ahead on Council's agenda.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
14.2 Lifeguard Services — City Beaches
On motion of Councillor Farren
Seconded by Councillor Reardon
RESOLVED that item 14.2 Lifeguard Services —
City Beaches be referred to the City Manager for an extension of the proposed service.
Question being taken, the motion was defeated with the Mayor, the
Deputy Mayor and Councillors MacKenzie, Reardon, Snook, Merrithew, McAlary and
Norton voting nay.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -157: Lifeguard Services — City Beaches
(RFP No. 2012- 085901P) that the proposal for the provision of lifeguard services for the
2012 beach season as submitted by the Canada Games Aquatic Centre at the cost of
$113,740 plus tax be accepted. In addition, it is recommended that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Question being taken, the motion was carried with Councillor Farren
voting nay
15.1 Letter from Stephen Byers regarding Permanent Dwelling at 1287 Red Head
Rd with previously submitted reports to Council
The City Solicitor stated that section 3.10 of Council's Procedural bylaw states that a
rescinding motion requires a two - thirds vote for adoption and that it must be made by a
member of the prevailing side of the original resolution.
Mr. Nugent explained that it is not explicitly clear in the Procedural bylaw whether a two -
thirds vote means two - thirds of the whole of Council, or two - thirds of those Council
members present at a meeting. He added that the Common Clerk has advised that the
past practice of Council has been to require a two - thirds of the whole of Council, or eight
members, for the adoption of a rescinding motion.
Mr. Nugent advised that Council could proceed with its past practice of requiring two -
thirds of the whole of Council to rescind a resolution, which he noted would result the
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rescinding motion failing. He added that if Council chose to consider two - thirds of those
Council members present at a meeting as a sufficient number to successfully rescind a
resolution, then it is possible that said resolution could be successfully defended if it
were to be challenged.
Mr. Nugent stated that the voting requirement for motions requiring a two - thirds vote to
succeed should be made explicitly clear in the procedural by -law.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that Common Council suspend the
rules of section 3.10 of the procedural by -law, respecting a motion to rescind, to permit a
rescinding resolution to succeed with two - thirds affirmative vote of those Council
members present at this meeting.
Question being taken, the motion was defeated with the Mayor Norton,
Deputy Mayor Rinehart and Councillor Merrithew voting nay.
On motion of Councillor Snook
Seconded by Councillor Farren
RESOLVED that item 15.1 Letter from Stephen
Byers regarding Permanent Dwelling at 1287 Red Head Rd be tabled until the next
meeting of Council.
Question being taken, the motion was carried with Mayor Norton, Deputy
Mayor Rinehart and Councillor Merrithew voting nay.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that item 13.2 Committee of the
Whole: Recommended Appointments to Committees, be moved forward on the agenda.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the
Committee of the Whole, having met on June 18, 2012, Council makes the following
appointments to committees:
Saint John Development Corporation: To appoint Cynthia Goodwin and Warren Long
for a three year term each from June 18, 2012 to June 18, 2015.
Saint John Industrial Parks: To re- appoint Councillor Farren for a three year term from
June 18, 2012 to June 18, 2015.
Heritage Development Board: To appoint Councillor Reardon from June 18, 2012 until
the end of her term in office.
Saint John Substandard Properties Appeal Committee: To re- appoint Councillor
Snook for a three year term from June 18, 2012 to June 18, 2015.
Leisure Services Advisory Board: to appoint Melissa McKeon for a three year term
each from June 18, 2012 to June 18, 2015.
Saint John Free Public Library: To re- appoint Mayor Norton for a three year term from
June 18, 2012 to June 18, 2015; and to re- appoint Bridget McGale and Michael Richard
for a three year term each from July 6, 2012 to July 6, 2015.
Saint John Pension Board of Trustees: To appoint Kevin Clifford to replace the City
Manager for a three year term from June 18, 2012 to June 18, 2015; and to appoint
Councillor Merrithew and Councillor Fullerton for a three year term each from June 18,
2012 to November 30, 2015.
Greater Saint John Regional Facilities Commission: To appoint Councillor Rinehart
and Councillor McAlary for a three year term each from June 18, 2012 to June 18, 2015;
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and to appoint Councillor Norton as an alternate for a three year term from June 18,
2012 to June 18, 2015.
Council Finance Committee: To appoint Councillor Strowbridge, Councillor Merrithew,
Councillor Mackenzie and Councillor Reardon each from June 18, 2012 until the end of
their term in office.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that as recommended by the
Committee of the Whole, having met on June 18th, 2012, the position on the Port
Authority which will become vacant on July 5, 2012 be advertised and interviews be
conducted by the nominating committee to fill the vacancy.
Question being taken, the motion was carried with Councillor Farren and
Councillor Merrithew voting nay.
16. Adjournment
The Mayor declared the meeting adjourned at 11:00 p.m.
The following items are forwarded to the Agenda of June 25th, 2012:
14.1 Letter from Uptown Saint John regarding Council Appointment to Board of
Directors
12.1 City Solicitor: Amendment to the Procedural By -Law Time for delivery of Meeting
Agenda
12.2 City Solicitor: 501631 N.B. Ltd. — City Lands
12.9 City Manager: Peel Plaza Project Update
12.10 City Manager: 2012 Roadway Construction Projects
13.1 Saint John Police Force: 2012 Operating Budget April Financial Results
Mayor
Common Clerk
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SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 18 JUIN 2012 A 18 H 30
Sont presents :
Mel Norton, maire
la mairesse suppleante Rinehart et les conseillers Farren,
MacKenzie, Merrithew, Norton, Snook et les conseilleres
Fullerton, McAlary et Reardon
-et -
K. Forrest, commissaire aux services de developpement et de
croissance /directeur general par interim; J. Nugent, avocat
municipal; G. Yeomans, commissaire aux services financiers et
administratifs; W. Edwards, commissaire aux services de
transport et d'environnement /directeur general; A. Poffenroth,
commissaire adjoint aux services d'inspection et des batiments;
J. Hamilton, commissaire aux services strategiques; E. Garland,
chef de peloton et chef interimaire du service d'incendie;
E. Gormley, greffiere communale, et J. Taylor, greffier communal
adjoint.
1. Ouverture de la seance, suivie de la priere
Le maire Norton ouvre la seance et le reverend Geoff Clarke recite la priere d'ouverture.
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance tenue le 28 mai 2012
Proposition du conseiller Snook
Appuyee par la conseillere McAlary
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 28 mai 2012 soit approuve.
A Tissue du vote, la proposition est adoptee.
3. Adoption de I'ordre du jour
Proposition du conseiller Snook
Appuyee par la mairesse suppleante Rinehart
RESOLU que I'ordre du jour de la presente reunion
soit adopte et que le point 12.8 soit examine en meme temps que le 10.1 et les points
3.8, 11.2 et 11.9 soient examines en meme temps que le point 11.0.
A Tissue du vote, la proposition est adoptee.
3.0 Avocat municipal : Services juridiques
Faisant reference a une presentation anterieure, I'avocat municipal decrit les services
offerts par le service juridique.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que la presentation soumise par I'avocat
municipal soit acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
9. Audiences publiques a 19 h
9.0a) Fermeture et barrage eventuels et vente subsequente de la cour Vimy et de
la cour Freedom
9.0b) Lettre de la societe Elias Management Group Inc. demandant le retrait de la
demande
Proposition de la conseillere McAlary
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Appuyee par le conseiller Snook
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -145 : Fermeture et barrage eventuels
et vente subsequente de la cour Vimy et de la cour Freedom:
4. le conseil communal organise les audiences publiques en question;
5. dans le cas ou le conseil communal souhaiterait proceder a la fermeture et au
barrage de la cour Vimy, it effectue d'abord la premiere et la deuxieme lectures;
et que la troisieme lecture ait lieu si The City of Saint John conclut une entente
avec Elias Management Group Inc. et la province du Nouveau - Brunswick
relativement aux travaux de refection de la cour Freedom;
6. le conseil communal reporte la premiere et la deuxieme lectures en ce qui a trait
a la fermeture et au barrage de la cour Freedom.
A Tissue du vote, la proposition est adoptee.
9.1 Projet de modification de I'Arrete concernant la fermeture et le barrage de
routes — Cour Freedom
La greffiere communale indique que les avis requis ont ete publies relativement au projet
de modification de I'Arrete concernant la fermeture et le barrage de routes —
cour Freedom dans son integralite, et par I'ajout de I'article 231 a la suite de I'article 230,
et qu'aucune opposition n'a ete reque.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite le public a exprimer son appui quant a la modification proposee, mais
personne ne prend la parole.
9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de
routes — Cour Vimy
La greffiere communale indique que les avis requis ont ete publies relativement au projet
de modification de I'Arrete concernant la fermeture et le barrage de routes — cour Vimy
dans son integralite, et par I'ajout de I'article 231 a la suite de I'article 230, et qu'aucune
opposition n'a ete reque.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite le public a exprimer son appui quant a la modification proposee, mais
personne ne prend la parole.
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLLI que I'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant la cour Vimy dans son integralite par I'ajout de I'article 231 a la suite de
('article 230, fasse ('objet d'une premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de 1'arrete intitule a Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que 1'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant la cour Vimy dans son integralite par I'ajout de I'article 231 a la suite de
('article 230, fasse ('objet d'une deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de 1'arrete intitule « Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
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3.1 Greffiere communale: Services de la greffiere communale
Faisant reference a une presentation anterieure, la greffiere communale decrit les
services offerts par le bureau de la greffiere communale.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que la presentation de la greffiere
communale portant sur les services du bureau de la greffiere communale soit acceptee
a titre informatif.
A Tissue du vote, la proposition est adoptee.
6.2 Declaration relative a une situation de conflits d'interets
Proposition de la conseillere McAlary
Appuyee par le conseiller Farren
RESOLU que le point 3.2 Declaration relative a une
situation de conflits d'interets soit soumis aux fins de discussion.
A Tissue du vote, la proposition est adoptee.
En reponse a une question posee, I'avocat municipal explique que selon lui, si le conseil
adopte la motion soumise, it n'aurait plus la possibilite de recevoir des conseils des
hauts fonctionnaires municipaux sur les questions liees aux pensions comme c'est le
cas actuellement. II fait remarquer que si le conseil adopte la motion proposee, it lui
faudrait alors trouver une autre source de conseils sur les questions liees aux pensions.
M. Nugent declare que par le passe, lorsque les hauts fonctionnaires municipaux
declaraient etre en conflit d'interets avec les questions liees aux pensions, it avait
essaye de faire clairement comprendre aux membres du conseil que ce dernier doit
prendre une decision quant a la consultation ou non de ces cadres superieurs.
Proposition de la conseillere McAlary
Appuyee par la mairesse suppleante Rinehart
RESOLU que le rapport soumis intitule Declaration
relative a une situation de conflits d'interets soit accepte a titre informatif.
A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote
contre la proposition.
(La conseillere Fullerton quitte la seance.)
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que le conseil ajoute a I'ordre du jour le
point 13.2 Comite plenier : Recommandations de nominations pour sieger aux comites.
A ('issue du vote, la proposition est adoptee.
3.3 Nomination du conseil d'administration de I'Administration portuaire de
Saint John (recommandation : s'adresser au Comite des candidatures)
Proposition de la conseillere Fullerton
Appuyee par le conseiller Snook
RESOLU que la lettre reque de I'Administration
portuaire de Saint John, concernant une nomination au sein du conseil d'administration
de I'Administration portuaire de Saint John, soit acceptee a titre informatif.
A ('issue du vote, la proposition est adoptee.
(La conseillere Fullerton reintegre la seance.)
3.4 Lettre de M. Harris concernant la plage Mispec (recommandation : accepter
A titre informatif)
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Proposition du conseiller Merrithew
Appuyee par la conseillere McAlary
RESOLU que la lettre de Brian Harris concernant la
plage Mispec soit acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
3.5 Batiments vacants et abandonnes et la Loi sur la prevention des incendies
(conseiller Snook)
Proposition du conseiller Snook
Appuyee par la mairesse suppleante Rinehart
RESOLU que le conseil communal recoive un court
rapport ecrit relativement a la capacite du service d'incendie a gerer les batiments
delabres et abandonnes en vertu des dispositions de la Loi sur la prevention des
incendies.
A Tissue du vote, la proposition est adoptee.
3.6 Mise a jour relative au parc Rainbow (conseiller Snook)
Proposition du conseiller Snook
Appuyee par le conseiller Merrithew
RESOLU que le directeur general soit
charge de presenter un rapport d'etape au conseil relativement au parc Rainbow. Ce
rapport doit permettre a P.U.L.S.E. de tenir le conseil informe des travaux entrepris dans
le cadre dudit projet.
A Tissue du vote, la proposition est adoptee.
3.7 Strategies en matiere de communications internes et externes de The City
of Saint John (conseiller Snook)
Proposition du conseiller Snook
Appuyee par la conseillere Reardon
RESOLU que le directeur general presente au
conseil communal un bref rapport enumerant les principales composantes de la
strategie de la Ville en matiere de communications internes et faisant le point sur les
nombreux elements contenus dans la lettre soumise par le conseiller Snook.
A Tissue du vote, la proposition est adoptee.
3.9 Directeur general : Demande d'approbation du paiement de la facture pour
la demolition des 127 -141, rue Charlotte et du 127, rue Princess, M/C2012 -130
Proposition de la conseillere McAlary
Appuyee par la mairesse suppleante Rinehart
RESOLU que le point 3.9 Demande d'approbation
du paiement de la facture pour la demolition des 127 -141, rue Charlotte et du 127,
rue Princess, soit reporte.
A Tissue du vote, la proposition est adoptee.
3.10 Avocat municipal : Projet de modification de I'arrete procedural
Proposition du conseiller Norton
Appuyee par la mairesse suppleante Rinehart
RESOLU que 1'arrete intitule « Arrete procedural du
conseil communal de The City of Saint John >), modifie par I'abrogation et le
remplacement des articles 16.4, 16.5, 16.6, 16.7 et 16.12, fasse ('objet d'une premiere
lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de 1'arrete intitule « Arrete procedural du conseil communal de
The City of Saint John ».
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COMMON COUNCIL /CONSEIL COMMUNAL
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Proposition du conseiller Norton
Appuy6e par la mairesse suppl6ante Rinehart
RESOLU que I'arretd intitul6 « Arr6t6 proc6dural du
conseil communal de The City of Saint John >), modifi6 par I'abrogation et le
remplacement des articles 16.4, 16.5, 16.6, 16.7 et 16.12, fasse I'objet d'une deuxieme
lecture.
A I'issue du vote, la proposition est adopt6e.
Deuxieme lecture par titre de I'arr6t6 intitul6 « Arr6t6 proc6dural du conseil communal de
The City of Saint John ».
3.11 Lettre de H. Wright au sujet de la demande de presentation soumise par le
410e escadron, ARC
Proposition de la conseillere McAlary
Appuyde par le conseiller Snook
RESOLU que la lettre de H. Wright au sujet de la
demande de presentation soumise par le 410e escadron, ARC, soit accept6e a titre
informatif.
A I'issue du vote, la proposition est adopt6e.
3.12 Avocat municipal : Troisieme lecture de I'arrete concernant le contr6le des
chiens (modification)
3.12a) Troisieme lecture du projet d'arrete concernant le contr6le des chiens
3.12b) Rapport M/C 2012 -134 : Troisieme lecture de I'arrete concernant le contr6le
des chiens dans The City of Saint John
Proposition de la mairesse suppl6ante Rinehart
Appuy6e par le conseiller Merrithew
RESOLU que la troisieme lecture du projet d'arret6
concernant le contr6le des chiens soit report6e pendant une p6riode de six semaines; et
que le directeur g6ndral soit charg6 de concevoir un modele de gestion ou d'examiner
des solutions novatrices pour la production de recettes, et ce, dans le but de r6gler la
question du contr6le des chiens dans The City of Saint John.
A I'issue du vote, la proposition est adopt6e.
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Que la demande present6e par le YMCA -YWCA visant a se pr6senter devant le
comit6 pl6nier soit transmise a la greffi6re communale pour qu'elle fixe une date de
presentation.
5.2 Que la demande adress6e a la municipalit6 pour qu'elle apporte son soutien a la
Multicultural Association of Saint John Inc. soit transmise au directeur g6n6ral.
5.3 Que la demande de la Multicultural Association of Saint John Inc. visant a ce que
le repr6sentant municipal siege au conseil d'administration soit adress6e au Comit6 des
candidatures.
5.4 Voir le point 14.1.
5.5 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6
M/C 2012 -161 : Soumission relative au I'acquisition de mat6riel de reseau informatique,
la soumission relative a 1'ex6cution d'une convention d'offre a commandes pour
('acquisition de mat6riel de r6seau informatique, pour une dur6e de 2 ans avec une
clause de reconduction pour une ann6e suppl6mentaire, soit accordbe au
soumissionnaire le moins - disant pour chaque groupe, comme it est mentionn6 ci-
dessous :
Groupe A — Soft Choice
Groupe B — Unis Lumin
Groupe C — Soft Choice
Groupe D — Cox Communications
Groupe E — Cox Communications
Groupe F — Bell Canada
Groupe G — Universal Power Solutions
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5.6 Voir le point 14.2.
5.7 Que le rapport M/C 2012 -142: Contrat no 2011 -10 — Installation de la conduite
d'eau principale a la station de relevement no 30 de 1'avenue Riverview, soit accepte a
titre informatif.
5.8 Que le rapport M/C 2012 -136: Seance informative publique — Travaux
d'amelioration de la station de relevement des eaux usees no 2 de la
promenade Kennebecasis et du croissant Beach, installation du r6seau de drainage des
eaux usees dans le secteur du croissant Beach et installation des egouts sanitaires sur
la rue Alward, soit accept6 a titre informatif.
5.9 Que le rapport soumis intitule M/C 2012 -152 : Seance informative publique
relative aux ameliorations au poste de pompage de 1'eau de Champlain Heights, soit
accepte a titre informatif.
5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -143: Ameliorations au poste de pompage de I'eau de Champlain Heights,
contrat no 2012 -7, le contrat no 2012 -7 concernant les ameliorations au poste de
pompage de I'eau de Champlain Heights soit accorde au soumissionnaire le moins-
disant, Terraex. Inc., au prix offert de 413 975,50 $, etabli a partir de quantites
estimatives, et que le maire et la greffiere communale soient autorises a signer les
documents contractuels necessaires.
5.11 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -144 : Conception technique et gestion de la construction — R6seau d'aqueduc
du lotissement Harbourview, phase 11 — Renovation de I'abri de puits du
croissant Seaward, la proposition pr6sent6e par Dillon Consulting Limited relativement
aux services d'ingenierie (gestion de la conception et de la construction) pour la
renovation de I'abri de puits du croissant Seaward — Reseau d'aqueduc du
lotissement Harbourview, phase II, soit acceptee et que le maire et la greffiere
communale soient autorises a signer la documentation exigee a cet egard.
5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -140: Microsurfagage — 2012, contrat no 2012 -20, le contrat no 2012 -20 relatif
au microsurfagage pour 2012 soit accorde au soumissionnaire le moins - disant, Industrial
Cold Milling Ltd., au prix offert de 442 521,90 $, etabli a partir de quantites estimatives,
et que le maire et la greffiere communale soient autorises a signer les documents
contractuels necessaires.
5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -146: Services de transport et d'environnement — Modifications apport6es a
1'effectif, le conseil communal approuve I'ajout de quatre employes permanents et a
temps plein (deux postes au sein de Saint John Water et deux postes au sein des
services lies aux pares et aux espaces publics) pour soutenir la d6cision Me a
I'impartition du service de gestion des dechets solides.
5.14 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -138: 47, rue Sewell (NID 00038588) — Mur de sout6nement au croisement
des rues Sewell et Dorchester:
1. le conseil communal modifie la resolution qu'il a adoptee en date du 15 aout 2011 en
supprimant 1'enonce « with said report» (avec ledit rapport) et en le remplagant par
I'enonce « with M &C report No. 2012 -138 » (avec le rapport M/C 2012 -138), lequel
rapport est date du 11 juin 2012.
2. la Ville conclue 1'entente de partage des couts qui accompagne le rapport M/C 2012-
138, date du 11 juin 2012, avec Commercial Properties pour la construction du mur de
sout6nement au croisement des rues Sewell et Dorchester.
5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -139 : Nettoyage du port— Station de relevement no 10A de la
promenade Chesley :
1. The City of Saint John conclue une entente avec le ministbre de la Defense nationale,
conformement aux modalites stipulees dans la lettre d'intention /1'entente relative a
I'acces qui accompagne le rapport M/C 2012 -139;
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COMMON COUNCIL /CONSEIL COMMUNAL
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2. le maire et le greffier communal soient autorises a signer la documentation requise.
5.16 Que, comme le recommande le directeur general dans le rapport soumis intitul6
M/C 2012 -148: Restaurant aux chutes r6versibles Reversing Falls et Split Rock Cafe, le
conseil communal accorde a 662677 N.B. I'autorisation de chercher a obtenir auprbs du
Comite consultatif d'urbanisme une modification /derogation quant aux restrictions
imposees au Split Rock Cafe, a savoir le nombre de mois d'exploitation.
5.17 Que, comme le recommande le directeur general dans le rapport soumis intitul6
M/C 2012 -158: Achevement des travaux relatifs a I'aire exterieure pour le domaine
Harbourfront Residences at Three Sisters, le projet de construction de I'aire exterieure
pour le domaine Harbourfront Residences at Three Sisters soit confie a Milestone
Construction au prix soumis de 347 854 $, et que I'avocat municipal soit charge de
rediger une entente appropriee relativement a ces travaux, laquelle devra titre examin6e
et approuvee ulterieurement par le conseil communal.
5.18 Que, comme le recommande le directeur general dans le rapport soumis intitul6
M/C 2012 -162: Projet de modification du plan d'amenagement visant le
3795, chemin Loch Lomond, la place Abigail et le 356, avenue Eldersley, le conseil
communal autorise le lancement du processus visant a examiner les modifications
suivantes au plan d'am6nagement municipal :
1. modification de la designation des proprietes situ6es au 3795, chemin Loch Lomond,
qui figurent sur la carte jointe et qui portent les NID 55214910 et 00329144, pour les
faire passer de zone de ressources rurales a zone r6sidentielle rurale;
2. modification de la designation de la propriete situee au 2377, chemin Loch Lomond,
qui figure sur la carte jointe et qui porte le NID 55196588, pour la faire passer de zone
de ressources rurales a zone r6sidentielle rurale;
3. modification de la designation de la propri6t6 situee au 356, avenue Eldersley (Pill),
qui figure sur la carte jointe et qui porte le NID 00330159, pour la faire passer de zone
de ressources rurales a zone r6sidentielle rurale.
5.19 Que, comme le recommande le directeur general dans le rapport soumis intitul6
Licence relative au phare, le conseil communal approuve la conclusion du contrat de
licence ci -joint relatif au phare entre The City of Saint John et Sa Majeste la Reine aux
droits du Canada, representee par le ministre des Peches et des Oceans, et que le
maire et la greffiere communale soient autoris6s a signer le contrat de licence.
5.20 RESOLU que, comme le recommande le directeur general dans le rapport
soumis intitul6 M/C 2012 -150: D6molition dun b6timent endommag6 par un incendie et
dangereux situ6 au 53, rue Victoria (NID 55036461), le conseil communal mandate, par
les presentes, un ou plusieurs agents nommes et designes par le conseil relativement a
I'application de I'Arrete concernant les batiments et structures inesthetiques ou
dangereux dans The City of Saint John, en vue de demolir le batiment situ6 au 53,
rue Victoria (NID 55036461) conformement aux politiques en matiere
d'approvisionnement applicables de The City of Saint John.
5.21 Que le maire fasse parvenir une lettre au vice - president de I'Universite du
Nouveau - Brunswick, campus de Saint John, dans laquelle it lui demande que le
Championnat feminin mondial du football avec contact se deroule au stade des Jeux du
Canada.
5.22 Que, comme le recommande le directeur general dans le rapport soumis intitul6
Convention d'occupation, le conseil communal approuve la conclusion de la convention
d'occupation ci- jointe entre The City of Saint John et Sa Majeste la Reine aux droits du
Canada, representee par le ministre des P6ches et des Oceans, et que le maire et la
greffibre communale soient autorises a signer la convention d'occupation.
5.23 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -159: Parc communautaire de Quinton Heights, le rapport en question soit
accept6 et classe.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
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RESOLU que la recommandation formulee pour
chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.4,
Lettre d'Uptown Saint John au sujet de la nomination des membres du conseil au conseil
d'administration; et 5.6, Services de sauvetage — Plages municipales, qui ont ete
selectionnes aux fins de discussion, soit adoptee.
A Tissue du vote, la proposition est adoptee.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
7.1 Journees des collectivites — Le 23 juin 2012
Le maire declare le 23 juin 2012 Journees des collectivites dans The City of Saint John.
7.2 Journee nationale des Autochtones — Le 21 juin 2012
Le maire declare le 21 juin 2012 Journee nationale des Autochtones dans The City of
Saint John.
(Le conseiller Farren quitte la seance.)
12.8 Directeur general : Modification du plan municipal et demande de rezonage
visant le 1000, chemin Latimore Lake
Proposition de la conseillere McAlary
Appuyee par la mairesse suppleante Rinehart
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -154 : Modification du plan municipal et
demande de rezonage visant le 1000, chemin Latimore Lake, la demande de
modification du plan municipal et de rezonage presentee par Kimberly Wilson et
Douglas Cyr soit acceptee a titre informatif, et qu'elle ne soit pas transmise au Comite
consultatif d'urbanisme aux fins devaluation approfondie, pour les raisons suivantes :
1. la demande relative a une utilisation industrielle dans la zone de ressources rurale ne
cadre pas avec ('intention du plan municipal;
2. 1'emplacement propose se situe en dehors du principal secteur d'amenagement;
3. un amenagement residentiel a deja lieu a proximite, le long du chemin Latimore Lake.
A Tissue du vote, la proposition est adoptee.
10. Etude des arretes municipaux
10.2a) Troisieme lecture de la modification de I'Arrete de zonage visant les 130-
134, chemin Milford
10.2b) Conditions imposees par I'article 39
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que 1'arrete intitule «Arrete no C.P. 110-
196 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain d'une superficie d'environ de 4 774 metres carres, situee aux 130-
134, chemin Milford, et inscrite sous le NID 55123673, afin de faire passer la
classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1 B » a
zone d'edifices a logements multiples de trois etages « RM -1 », fasse I'objet d'une
lecture.
A Tissue du vote, la proposition est adoptee.
L'arrete intitule « Arrete no C.P. 110 -196 modifiant I'Arrete de zonage de The City of
Saint John » est lu integralement.
Proposition de la conseillere McAlary
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Appuyee par le conseiller MacKenzie
RESOLU qu'en vertu des conditions prevues a
I'article 39 de la Loi sur 1'urbanisme, le projet d'utilisation d'une parcelle de terrain d'une
superficie d'environ 4 774 metres carres, situee aux 130 -134, chemin Milford et portant
le NID 55123673, soit assujetti aux conditions suivantes :
d. la proposition soit limitee a un immeuble pour afh6s de six logements;
e. 1'emplacement doit titre amenage conformement aux plans d'elevation et au plan
de situation detailles, prepares par le promoteur et sujet a I'approbation de
I'agent d'amenagement, indiquant 1'emplacement et le traitement du batiment, de
la voie d'accbs, de I'aire de stationnement, de la cloture planche- sur - planche le
long de la limite ouest de la propribte et des espaces paysagers. Les plans
requis doivent titre joints au permis de construction pour I'amenagement;
f. tous les travaux indiques sur le plan de situation et les plans d'elevation du
batiment doivent titre executes par le demandeur dans un delai d'un an apres le
rezonage du site en question.
A ('issue du vote, la proposition est acceptee. Le conseiller Norton et la
conseillere Reardon votent contre la proposition.
Proposition de la conseillere McAlary
Appuyee par le conseiller MacKenzie
RESOLU que 1'arrete intitule «Arrete no C.P. 110-
196 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain d'une superficie d'environ de 4 774 metres carres, situee aux 130-
134, chemin Milford, et inscrite sous le NID 55123673, afin de faire passer la
classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1 B » a
zone d'edifices A logements multiples de trois etages « RM -1 », fasse ('objet d'une
troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose.
A ('issue du vote, la proposition est adoptee.
Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -196 modifiant I'Arrete
de zonage de The City of Saint John ».
10.3a) Troisieme lecture de la modification de I'Arrete de zonage visant les 24 -26,
cour Highmount
10.3b) Conditions imposees par I'article 39
Proposition du conseiller Snook
Appuyee par la mairesse suppleante Rinehart
RESOLU que 1'arrete intitule « Arrete no C.P. 110-
196 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage
d'une parcelle de terrain situee aux 24 -26, cour Highmount, d'une superficie
approximative de 694 metres carres et portant le NID 55046015, afin de la faire passer
de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone
residentielle — habitations de quatre logements « R -4 », fasse I'objet d'une lecture.
A ('issue du vote, la proposition est adoptee. Le conseiller MacKenzie et
la conseillere Fullerton votent contre la proposition.
L'arrete intitule « Arrete no C.P. 110 -196 modifiant I'Arrete de zonage de The City of
Saint John » est lu integralement.
Proposition du conseiller Merrithew
Appuyee par la conseillere McAlary
RESOLU qu'en vertu des conditions prevues a
I'article 39 de la Loi sur 1'urbanisme, le projet d'amenagement d'une parcelle de terrain
d'une superficie d'environ 694 metres carres, situee aux 24 -26, cour Highmount, et
portant le NID 55046015, soit assujetti aux conditions suivantes :
e. ('usage du site en question doit titre limite A un nombre maximal de trois
logements;
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f. I'amenagement et ('usage du site doivent titre conformes a un plan detaille de
stationnement et d'amenagement paysager, prepare par le promoteur et sujet a
I'approbation de I'agent d'am6nagement, indiquant 1'emplacement et les d6tails
d'une cloture privee planche - sur- planche entre I'aire de stationnement et la
propriete adjacente situee au 20, cour Highmount, et les aires de stationnement
d'asphalte et de gravier se trouvant sur la propriete du cimetiere Fernhill doivent
titre retirees,
g. les plans approuves mentionnes a la condition b) ci- dessus doivent
accompagner la demande d'un permis de construction relativement a
I'amenagement et aucun permis, a 1'exception des permis de preparation du site,
ne doit titre delivre tant que I'agent d'amenagement n'a pas approuve les plans;
h. toutes les ameliorations indiquees sur les plans d'amenagement approuves, sauf
I'amenagement paysager, doivent titre terminees avant I'ouverture de
('installation, et I'am6nagement paysager doit titre termin6 dans un d6lai d'un an
a compter de la date d'approbation du permis de construire;
A ('issue du vote, la proposition est rejetee. La mairesse suppl6ante
Rinehart ainsi que les conseillers MacKenzie, Snook et les conseilleres Fullerton et
Reardon votent contre la proposition.
(Le conseiller Farren se joint de nouveau a la seance.)
Proposition du conseiller Farren
Appuyee par la conseillere McAlary
RESOLU que I'arrete intitul6 «Arret6 no C.P. 110-
196 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage
d'une parcelle de terrain situee aux 24 -26, cour Highmount, d'une superficie
approximative de 694 metres carres et portant le NID 55046015, afin de la faire passer
de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone
residentielle — habitations de quatre logements a R -4 », fasse ('objet d'une troisieme
lecture, que (edit arrete soit edicte et que le sceau communal y soit appose.
A ('issue du vote, la proposition est acceptee. La mairesse
suppl6ante Rinehart ainsi que le conseiller Snook et les conseillbres Fullerton et
Reardon votent contre la proposition.
Troisieme lecture par titre de 1'arrete intitul6 « Arret6 no C.P. 110 -196 modifiant I'Arrete
de zonage de The City of Saint John ».
10.4a) Troisieme lecture de la modification de I'Arrete de zonage visant les 47 -49,
avenue Cranston
10.4b) Conditions imposees par I'article 39
Proposition de la conseillbre McAlary
Appuyee par le conseiller Farren
RESOLU que 1'arrete intitul6 « Arret6 no C.P. 110-
199 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain d'une superficie d'environ de 630 metres carres, situee aux 47 -49,
avenue Cranston, et inscrite sous les NID 00026120 et 55068621, afin de faire passer la
classification s'y rapportant de zone residentielle — habitations de quatre logements « R-
4 » a zone d'edifices a logements multiples de trois etages « RM -1 », fasse ('objet d'une
lecture.
A ('issue du vote, la proposition est adoptee.
L'arnW intitul6 « Arret6 no C.P. 110 -199 modifiant I'Arrete de zonage de The City of
Saint John » est lu integralement.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU qu'en vertu des conditions pr6vues a
I'article 39 de la Loi sur 1'urbanisme, le projet de rezonage d'une parcelle de terrain d'une
superficie d'environ 630 metres carres, situee aux 47 -49, avenue Cranston et portant les
NID 00026120 et 55068621, soit assujetti aux conditions suivantes :
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c. Qu'une cloture planche - sur - planche d'au moins un metre de hauteur soit installee
entre I'aire de stationnement proposee et la propriete residentielle situee au sud,
a savoir aux 39 -41, avenue Cranston (NID 55043517), et celle a I'ouest, soit au
42, rue Somerset (NID 00031179), dans un delai d'un an a compter de la date de
delivrance du permis de construction.
d. Le site doit titre amenage conformement au plan de situation, prepare par le
promoteur et sujet a I'approbation de I'agent d'amenagement avant qu'un permis
de construction ne soit delivre, indiquant 1'emplacement des batiments, des
constructions, des aires de stationnement, des voies d'acces, des aires
d'entreposage des dechets a I'air libre, des espaces paysagers et des clotures
requises.
A Tissue du vote, la proposition est adoptee.
Proposition de la conseillere McAlary
Appuyee par le conseiller Farren
RESOLU que 1'arrete intitule « Arrete no C.P. 110-
199 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une
parcelle de terrain d'une superficie d'environ de 630 metres carres, situee aux 47 -49,
avenue Cranston, et inscrite sous les NID 00026120 et 55068621, afin de faire passer la
classification s'y rapportant de zone residentielle — habitations de quatre logements « R-
4 » a zone d'edifices a logements multiples de trois etages « RM -1 », fasse ('objet d'une
troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose.
A ('issue du vote, la proposition est adoptee.
Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -199 modifiant I'Arrete
de zonage de The City of Saint John ».
10.3a) Troisieme lecture de la modification de I'Arrete de zonage visant les 24 -26,
cour Highmount
Certains membres du conseil expriment le souhait de reexaminer les resolutions
adoptees pour le point 10.3, faisant remarquer que la confusion regnait au moment de
proceder au vote des propositions relativement au point en question.
L'avocat municipal declare ne pas savoir avec certitude s'il est possible de reexaminer
une troisieme lecture d'un rezonage apres que I'audience publique relativement a la
propriete en question a eu lieu, et it fait remarquer que le processus regissant I'adoption
d'une modification a I'Arrete de zonage, lequel est defini dans la Loi sur 1'urbanisme,
peut depasser la portee de I'arrete procedural du conseil.
M. Nugent recommande que le conseil lui transmette cette question, et ce, que la
troisieme lecture du point 10.3 puisse titre reexaminee ou non en vertu des modalites de
I'arrete procedural du conseil, ou qu'une autre audience publique soit requise pour
restaurer le zonage tel qu'il etait auparavant.
En reponse a une question, M. Nugent declare que le conseil pourrait envisager de
proceder a une demande de reexamen pour le point 10.3. En outre, it fait remarquer qu'il
continuerait d'examiner la question de savoir s'il est possible pour le conseil de deposer
une telle demande dans ce dossier. II ajoute que s'il conclut que le conseil ne possede
pas I'autorite necessaire pour deposer une demande de reexamen, it informera ce
dernier des options dont it dispose.
Proposition de la conseillere McAlary
Appuyee par la conseillere Reardon
RESOLU que la troisieme lecture de la modification
a I'Arrete de zonage concernant les 24 -26, cour Highmount, soit transmise a I'avocat
municipal pour qu'il redige un rapport et formule une recommandation a 1'egard de la
question qui consiste a savoir si 1'arrete procedural permet au conseil de reexaminer les
resolutions qu'il a adoptees relativement au rezonage des 24 -26, cour Highmount.
A ('issue du vote, la proposition est adoptee.
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M. Forrest declare que la modification a I'Arrete de zonage visant la propriete en
question n'entrerait en vigueur qu'aprbs avoir ete deposee au bureau d'enregistrement.
En outre, it precise que bien que le conseil ait procede a la troisibme lecture, 1'arrete
West pas encore entre en vigueur. 11 signale en outre que dans le cas ou le conseil
reexaminerait la proposition et adopterait une resolution contraire a la recommandation
du Comite consultatif d'urbanisme, le nombre de voix necessaire au sein du conseil
pourrait etre modifie compte tenu des exigences de la Loi sur l'urbanisme.
Proposition du conseiller Snook
Appuyee par le conseiller MacKenzie
RESOLU que le point 10.3 Troisibme lecture de la
modification a I'Arrete de zonage visant les 24 -26, cour Highmount, y compris la
troisibme lecture par titre, la lecture dans son integralite et les conditions imposees par
I'article 39, soit reexamine.
A Tissue du vote, la proposition est acceptee. Le maire Norton et le
conseiller Merrithew votent contre la proposition.
Proposition du conseiller Snook
Appuyee par la conseillbre Reardon
RESOLU que la troisibme lecture de la modification
de I'Arrete de zonage visant les 24 -26, cour Highmount, soit rejetee.
A Tissue du vote, la proposition est acceptee. Le maire Norton, la
mairesse suppleante Rinehart et la conseillbre McAlary votent contre la proposition.
11. Interventions des membres du conseil
11.0 Mise au point relative a la reforme du regime de retraite (maire Norton)
Proposition du maire Norton
Appuyee par le conseiller Farren
RESOLU que le conseil communal demande I'aide
du Groupe de travail sur la protection des regimes de retraite dans le cadre d'une
collaboration avec les membres du regime (actifs et retraites) et la Ville de Saint John, et
ce, dans le but d'examiner les options et proposer une recommendation ou une solution
en matibre de reforme visant a offrir un regime de retraite abordable et durable.
En reponse a une question, le maire signale qu'il redigera un expose sur le Groupe de
travail afin de tenir le conseil au courant.
A Tissue du vote, la proposition est adoptee.
3.8 Seance deformation sur le regime de retraite pour les membres du conseil
(conseiller Farren)
Proposition de la conseillbre McAlary
Appuyee par le conseiller Norton
RESOLU que les points suivants figurant a I'ordre
du jour du conseil du 18 juin 2012 : 3.8 Seance de formation sur /e regime de retraite
pour les membres du conseil, 11.2 Demande de reunion avec /a surintendante des
pensions, 11.9 Nomination temporaire au sein de la Commission du regime de retraite,
soient transmis au maire et que ce dernier soit charge de communiquer avec la
surintendante des pensions afin de lui demander de rencontrer les membres du conseil
communal.
A Tissue du vote, la proposition est adoptee.
15. Correspondance generale
15.1 Lettre de Stephen Byers au sujet de I'habitation permanente au 1287,
chemin Red Head, accompagnee du rapport precedemment soumis au conseil
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLLI que le conseil approuve ('installation
permanente d'une mini - maison sur une parcelle de terrain non amenagee de la
rue Paisley, a savoir au 1287, chemin Red Head.
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M. Forrest indique que cette question a deja ete presentee devant le conseil un certain
nombre de fois depuis 2005, precisant que les employes charges de la planification ne
se sont pas opposes a ('installation temporaire d'une maison mobile sur le site. II ajoute
que ('installation permanente d'une maison dans cette zone engendre des problemes
potentiels de responsabilite pour la ville, puisque 1'etat de la rue et les services
municipaux dans cette zone ne repondent pas aux normes actuelles de la Ville.
La greffiere communale indique qu'en mars 2012, le conseil a adopte une resolution
pour rejeter la demande d'installation permanente d'une mini - maison sur une parcelle de
terrain non amenagee de la rue Paisley, a savoir au 1287, chemin Red Head. Elle ajoute
qu'avant que le conseil puisse accueillir une proposition pour approuver la demande
d'installation permanente d'une maison sur ce site, le conseil doit d'abord adopter une
resolution pour annuler sa resolution de mars 2012.
Proposition du conseiller Farren
Appuyee par le conseiller Snook
RESOLU que la resolution suivante, adoptee par le
conseil communal a sa seance publique du 26 mars 2012 soit annule : "« RESOLU que,
comme le recommande le directeur general dans le rapport soumis intitule M/C 2012-
063 : Projet relatif a la construction d'une mini - maison sur une parcelle de terrain non
amenagee de la rue Paisley, a savoir au 1287, chemin Red Head, le conseil communal
refuse de donner son approbation a la construction de I'habitation proposee sur la
parcelle portant les NID 55009716 et 55009724, situee sur la rue Paisley, etant donne
que les dispositions necessaires Wont pas ete prises en ce qui a trait a I'acces a la rue et
a d'autres services. »
A ('issue du vote, la proposition est rejetee. Le maire Norton, la mairesse
suppleante Rinehart et le conseiller Merrithew votent contre la proposition.
La greffiere communale indique que la proposition est rejetee puisqu'elle necessite
I'approbation des deux tiers du conseil plenier pour titre acceptee, soit huit membres du
conseil, indiquant que seuls sept membres du conseil ont vote en faveur de la motion.
L'avocat municipal demande si les deux tiers du conseil plenier sont requis pour adopter
une resolution de revocation. M. Nugent demande que le conseil reporte cette question
a un autre moment de la reunion pour lui donner ('occasion d'examiner la question.
Proposition de la conseillere McAlary
Appuyee par le conseiller Norton
RESOLU que la reunion se prolonge au -dela de
22 h, conformement aux dispositions de Parretti procedural.
A ('issue du vote, la proposition est adoptee.
11.1 Nids de poule et fissures importantes des rues de la ville
(conseillere McAlary)
Proposition de la conseillere McAlary
Appuyee par le conseiller MacKenzie
RESOLU que le directeur general consulte le
service Transports de la Ville afin d'essayer d'ajuster le financement en vue de reparer
le plus de nids -de -poule et de fissures des rues le plus rapidement possible, ainsi que
poser un nouveau revetement dans toutes les rues de la ville.
A ('issue du vote, la proposition est adoptee.
11.3 Deneigement du pont du port (conseiller Merrithew)
Proposition du conseiller Merrithew
Appuyee par le conseiller Snook
RESOLU que I'on demande au directeur general
d'enqueter sur la possibilite de conclure un accord avec la province du Nouveau -
Brunswick pour le deneigement et 1'entretien du pont du port.
A ('issue du vote, la proposition est adoptee.
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11.4 Option de paiement par telephone pour les utilisateurs des aires de
stationnement (conseiller Norton)
Proposition du conseiller Norton
Appuyee par le conseiller Snook
RESOLU que I'on demande a la Commission sur le
stationnement d'enqueter sur la faisabilite d'un systeme de paiement par telephone pour
les sires de stationnement et de faire part de ses conclusions au conseil accompagne
d'une recommandation dans six semaines.
A Tissue du vote, la proposition est adoptee.
11.5 Option de paiement par message texte (paiement par cellulaire) pour les
contraventions de stationnement (conseiller Norton)
Proposition du conseiller Norton
Appuyee par le conseiller Snook
RESOLU que I'on demande a la Commission sur le
stationnement d'enqueter sur la faisabilite d'un systeme de paiement par message texte
(paiement par cellulaire) pour soumettre les infractions liees aux sires de stationnement
et de faire part de ses conclusions au conseil accompagne d'une recommandation dans
six semaines.
A Tissue du vote, la proposition est adoptee.
11.6 Espace vert du parc de la place Peel (conseiller MacKenzie)
Proposition du conseiller MacKenzie
Appuyee par le conseiller Snook
RESOLU que I'on demande au directeur d'enqueter
sur un projet communautaire dans le cadre duquel les entreprises et les citoyens
interesses pouvaient fournir de la main - d'oeuvre, du materiel et des objets d'art afin de
reduire le financement requis pour terminer le parc de la place Peel.
A Tissue du vote, la proposition est adoptee.
11.7 Itineraires lucratifs pour la Commission des transports de Saint John
(conseiller MacKenzie)
Proposition du conseiller MacKenzie
Appuyee par le conseiller Snook
RESOLU que le conseil communal de Saint John
demande a la Commission des transports de Saint John d'enqueter sur les itineraires
lucratifs vers les mines de potasse et la centrale electrique de Point Lepreau
relativement au transport des ouvriers de Bay Westfield, de Saint John, de Rothesay, de
Quispamsis et de Hampton aux mines de Sussex et I'itineraire inverse jusqu'a Point
Lepreau; de plus que le conseil demande a la Commission des transports d'envisager
serieusement les croisieres en vue d'accroitre les activites dans le secteur du tourisme;
des discussions pourraient se tenir avec le nouveau Conseil d'education de district
relativement au transport d'etudiants dans le district scolaire anglophone du sud du
Nouveau - Brunswick, dans le but de generer des revenus supplementaires pendant les
heures de pointes et privilegiees pour retablir et ameliorer le service pendant les heures
de faible circulation.
A ('issue du vote, la proposition est adoptee. La conseillere McAlary vote
contre la proposition.
11.8 Repertoire du personnel sur le site Web de la Ville (conseillere Reardon)
Proposition de la conseillere Reardon
Appuyee par le conseiller Farren
RESOLU que I'on demande au directeur general
d'ajouter un repertoire du personnel sur le site Web de la Ville de Saint John.
A ('issue du vote, la proposition est adoptee.
12. Affaires municipales evoquees par les fonctionnaires municipaux
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12.3 Directeur general : Service a la clientele — Ameliorations proposees pour 2012
et entente relative a I'adopteur precoce du logiciel de la GRC
Faisant reference a un rapport anterieur, J. Hamilton, commissaire aux services
strategiques fournit un apergu des ameliorations proposees pour le service a la clientele
en 2012. En reponse aux questions, elle indique que la strategie relative au service a la
clientele comprend un nouveau logiciel; la mise en ceuvre de politiques sur le service a
la clientele aux fins d'uniformite des niveaux de service dans 1'ensemble de
('organisation et une methode de suivi des demandes de service.
Proposition de la mairesse suppleante Rinehart
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2012 -163 : Service a la clientele —
Ameliorations proposees pour 2012 et entente relative a I'adopteur precoce du logiciel
de la GRC que le conseil communal:
approuve une approche progressive quant aux ameliorations du service a la
clientble comprenant la mise en ceuvre de normes pour le service a la clientble et
une solution logicielle qui appuie une approche globate et coordonnee pour gerer
les demandes de service en 2012;
autorise la conclusion de 1'entente relative a I'adopteur precoce du logiciel avec
Sungard Public Sector Inc. pour le logiciel de la GRC.
Proposition de la conseillbre McAlary
Appuyee par la conseillbre Reardon
RESOLU que le point 12.3 Service a la clientele — Ameliorations proposees pour 2012 et
entente relative a I'adopteur precoce du logiciel de la GRC soit reporte, dans I'attente
d'une presentation par le personnel municipal.
A ('issue du vote, la proposition est acceptee. Le maire Norton, la
mairesse suppleante Rinehart et les conseillers Norton et Snook votent contre la
proposition.
12.4 Directeur general : Conduite de refoulement d'un mille de I'avenue Thorne,
contrat no 2012 -2
Proposition de la conseillere McAlary
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general dans le rapport presente intitule M/C 2012 -149 : Conduite de refoulement d'un
mille de I'avenue Thorne, contrat no 2012 -2, le contrat no 2012- 2 relatif a la conduite de
refoulement d'un mille de ('avenue Thorne soit accorde au soumissionnaire le moins-
disant, Galbraith Construction Ltd., au prix offert de 773 043,17 $, etabli a partir de
quantites estimatives, et que le maire et la greffibre communale soient autorises a signer
les documents contractuels necessaires.
A ('issue du vote, la proposition est adoptee.
12.5 Directeur general : Travaux d'amelioration de la station de relevement des
eaux usees no 2 de la promenade Kennebecasis et du croissant Beach et
installation du reseau de drainage des eaux usees dans le secteur du
croissant Beach, contrat no 2011 -26
Proposition de la conseillere McAlary
Appuyee par la mairesse suppleante Rinehart
RESOLU que, comme le recommande le directeur
general dans le rapport presente intitule M/C 2012 -160 : Travaux d'amelioration de la
station de relevement des eaux usees no 2 de la promenade Kennebecasis et du
croissant Beach et installation du reseau de drainage des eaux usees dans le secteur du
croissant Beach, contrat no 2011 -26, le contrat no 2011 -26 relatif aux travaux
d'amelioration de la station de relevement des eaux usees no 2 de la
promenade Kennebecasis et du croissant Beach et installation du reseau de drainage
des eaux usees dans le secteur du croissant Beach soit accorde au soumissionnaire le
moins - disant, Terraex Inc., au prix offert de 999 506,47 $, etabli a partir de quantites
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COMMON COUNCIL /CONSEIL COMMUNAL
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estimatives, et que le maire et la greffibre communale soient autorises a signer les
documents contractuels necessaires.
A Tissue du vote, la proposition est adoptee.
12.6 Directeur general : Conduite d'eau principale et 6gout sanitaire a la station de
relevement no 21 et 21A du chemin Highland — Contrat no 2012 -3
Proposition du conseiller Merrithew
Appuyee par la conseillbre McAlary
RESOLU que, comme le recommande le directeur
general dans le rapport presente intitule M/C 2012 -156 : Conduite d'eau principale et
6gout sanitaire a la station de relevement no 21 et 21A du chemin Highland — Contrat
no 2012 -3, le contrat no 2012 -3 relatif a la conduite d'eau principale et 6gout sanitaire a
la station de relevement no 21 et 21A du chemin Highland — Contrat no 2012 -3 soit
accord6 au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de
1 073 178,52 $, etabli a partir de quantit6s estimatives, et que le maire et la greffiere
communale soient autorises a signer les documents contractuels necessaires.
A Tissue du vote, la proposition est adoptee.
12.7 Directeur general : Conduite d'eau principale a la station de relevement no 6
de I'avenue Rothesay, contrat no 2012 -10
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le directeur
general dans le rapport presente intitule M/C 2012 -141 : Conduite d'eau principale a la
station de relevement no 6 de I'avenue Rothesay, contrat no 2012 -10, le contrat no 2012-
10 relatif a la conduite d'eau principale a la station de relevement no 6 de
I'avenue Rothesay soit accord6 au soumissionnaire le moins - disant, Gulf Operators Ltd.,
au prix offert de 1 884 932,66 $, etabli a partir de quantit6s estimatives, et que le maire
et la greffiere communale soient autorises a signer les documents contractuels
necessaires.
A Tissue du vote, la proposition est adoptee.
Proposition de la conseillbre McAlary
Appuyee par la conseillbre Fullerton
RESOLU que le point 4.2 Services de sauvetage —
Plages municipales soit avance dans I'ordre du jour du Conseil.
A Tissue du vote, la proposition est adoptee.
14. Etude des sujets ecartes des questions soumises a I'approbation du Conseil
14.2 Services de sauvetage — Plages municipales
Proposition du conseiller Farren
Appuyee par la conseillbre Reardon
RESOLU que le point 14.2 Services de sauvetage
— Plages municipales soit transmis au directeur general aux fins de prolongement du
service propose.
A Tissue du vote, la proposition est rejetee. Le maire, la mairesse
suppleante et les conseillers MacKenzie, Snook, Merrithew, Norton et les conseillbres
Reardon et McAlary votent contre la proposition.
Proposition de la conseillbre McAlary
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le directeur
general dans le rapport presente intitule M/C 2012 -157: Services de sauvetage —
P /ages municipales (Demande de propositions no 2012-085901P), la proposition relative
a 1'offre de services de sauvetage pour la saison estivale 2012 telle qu'elle a ete
soumise par le Centre aquatique des Jeux du Canada, au prix de 113 740 $ (taxes en
sus), soit acceptee. De plus, it est recommande que le maire et la greffiere communale
soient autorises a signer les documents contractuels necessaires.
37
96-
COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 18, 2012/LE 18 JUIN 2012
A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote
contre la proposition.
15.1 Lettre de Stephen Byers au sujet de I'habitation permanente au 1287,
chemin Red Head, accompagnee du rapport precedemment soumis au conseil
L'avocat municipal indique que I'article 3.10 de I'arrete procedural du conseil precise
qu'une proposition d'annulation requiert deux tiers des votes pour titre adoptee et qu'elle
doit titre faite par un membre du conseil ayant vote avec la majorite pour la resolution
originale.
M. Nugent explique qu'il n'est pas tres clair dans 1'arrete procedural si les deux tiers des
votes signifient les deux tiers du conseil plenier ou les deux tiers des membres du
conseil present a la reunion. II ajoute que la greffiere communale a indique que selon la
pratique anterieure du conseil, le vote des deux tiers du conseil plenier, soit huit
membres du conseil, etait exige pour qu'une proposition d'annulation soit adoptee.
M. Nugent indique que le conseil pourrait poursuivre cette pratique anterieure exigeant
les deux tiers des votes du conseil plenier pour annuler une resolution, mais precise que
cela donnerait lieu au rejet de la proposition d'annulation. II ajoute que si le conseil
choisit de considerer les deux tiers des membres du conseil present a la reunion comme
un nombre suffisant pour annuler une resolution, it est alors possible que ladite
resolution soit defendue avec succes si elle devait titre contestee.
M. Nugent indique que les exigences de vote pour les propositions requerant deux tiers
des votes pour titre acceptees devraient titre clairement precisees dans I'arrete
procedural.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que le conseil communal suspende les
regles de la section 3.10 de 1'arrete procedural, en ce qui a trait a I'annulation d'une
proposition, pour permettre a I'annulation d'une resolution d'etre acceptee avec le vote
affirmatif des deux tiers des membres du conseil presents a cette reunion.
A ('issue du vote, la proposition est rejetee. Le maire Norton, la mairesse
suppleante Rinehart et le conseiller Merrithew votent contre la proposition.
Proposition du conseiller Snook
Appuyee par le conseiller Farren
RESOLU que le point 15.1 Lettre de Stephen Byers
au sujet de ('habitation permanente au 1287, chemin Red Head, soit reporte a la
prochaine reunion du conseil.
A ('issue du vote, la proposition est acceptee. Le maire Norton, la
mairesse suppleante Rinehart et le conseiller Merrithew votent contre la proposition.
Proposition de la conseillere McAlary
Appuyee par le conseiller Merrithew
RESOLU que le point 13.2 Comite plenier :
Recommandations de nominations pour sieger aux comites, soit avance dans I'ordre du
jour.
A ('issue du vote, la proposition est adoptee.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le comite
plenier, s'etant reuni le 18 juin 2012, le conseil approuve les nominations suivantes pour
sieger aux comites :
Societe de developpement de Saint John : la nomination de Cynthia Goodwin et de
Warren Long pour un mandat de trois ans chacun allant du 18 juin 2012 au 18 juin 2015.
Saint John Industrial Parks : le renouvellement de la nomination du conseiller Farren
pour un mandat de trois ans, du 18 juin 2012 au 18 juin 2015.
96-
COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 18, 2012/LE 18 JUIN 2012
Conseil d'amenagement du patrimoine : la nomination de la conseillere Reardon, a
compter du 18 juin 2012 jusqu'a la fin de son mandat.
Comite d'appel sur les residences non conformes aux normes de Saint John : le
renouvellement de la nomination du conseiller Snook pour un mandat de trois ans, du 18
juin 2012 au 18 juin 2015.
Conseil consultatif des services des loisirs : la nomination de Melissa McKeon pour
un mandat de trois ans allant du 18 juin 2012 au 18 juin 2015.
Bibliotheque publique de Saint John : le renouvellement de la nomination du maire
Norton pour un mandat de trois ans allant du 18 juin 2012 au 18 juin 2015 et le
renouvellement de la nomination de Bridget McGale et de Michel Richard pour un
mandat de trois ans chacun allant du 6 juillet 2012 au 6 juillet 2015.
Conseil d'administration de la Commission du regime de retraite de la Ville de
Saint John : la nomination de Kevin Clifford pour remplacer le directeur general pour un
mandat de trois ans allant du 18 juin 2012 au 18 juin 2015 et la nomination des
conseillers Merrithew et Fullerton pour un mandat de trois ans allant du 18 juin 2012 au
30 novembre 2015.
Commission regionale des installations du Grand Saint John : la nomination des
conseilles Rinehart et McAlary pour un mandat de trois ans chacun allant du 18 juin
2012 au 18 juin 2015 et la nomination du conseiller Norton, a titre de remplargant, pour
un mandat de trois ans allant du 18 juin 2012 au 18 juin 2015.
Comite des finances du conseil : la nomination des conseillers Strowbridge,
Merrithew, MacKenzie et de la conseillere Reardon, tous a compter du 18 juin 2012
jusqu'a la fin de leur mandat.
A Tissue du vote, la proposition est adoptee.
Proposition de la conseillere McAlary
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le comite
plenier, qui s'est reuni le 18 juin 2012, le poste de I'Administration portuaire, qui sera
vacant le 5 juillet 2012, soit annonce et que des entrevues soient menees par le Comite
des candidatures pour pourvoir au poste vacant.
A ('issue du vote, la proposition est adoptee. Les conseillers Farren et
Merrithew votent contre la proposition.
16. Levee de la seance
Le maire declare que la seance est levee a 23 h.
Les points suivants sont reportes a I'ordre du jour du conseil du 25 juin 2012 :
14.1 Lettre d'Uptown Saint John au sujet de la nomination des membres du conseil au
conseil d'administration
12.1 Avocat municipal : Modifications proposees a I'Arrete relativement a I'heure de
distribution de I'ordre du jour des reunions
12.2 Avocat municipal : 501631 N.B. Ltd. — Terrains municipaux
12.9 Directeur general : Mise a jour concernant le projet de la place Peel
12.10 Directeur general : Projets de construction d'une route pour 2012
13.1 Service de police de Saint John — Budget de fonctionnement de 2012 — Bilan
financier jusqu'au mois d'avril
maire
39
96-
COMMON COUNCIL /CONSEIL COMMUNAL
JUNE 18, 2012/LE 18 JUIN 2012
greffiere communale
.N
REPORT TO COMMON COUNCIL
M & C — 2012 -192
July 19, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Municipal Drainage Easement Acquisition - Bally Desmond
Subdivision Phase 3
BACKGROUND:
On September 12, 2011 Common Council assented to the Tentative Plan of Phase 3 of
the Bally Desmond Subdivision as well as any necessary municipal services and public
utility easements.
In addition to public utility and municipal services easements there are also municipal
drainage easements required. These easements allow for the natural drainage of surface
water above ground through means such as a swale or ditch. As the recommendation
regarding the subdivision did not include Common Council's acceptance of the
necessary municipal drainage easements, approval from Common Council to accept
these easements is required.
r. -A -'A;
City of Saint John
Planning and Engineering Staff review the requirements for such easements in each phase
of the development and work with the developer and their consultant(s) to develop
locations for these easements to allow for proper drainage in new developments.
RECOMMENDATION:
That the City of Saint John accept from the owner /developer any necessary easements for
drainage of naturally occurring surface water as required on the Tentative Plan - Bally
Desmond Subdivision Phase 3 (Revised July 5, 2012) as prepared by Kierstead Quigley
Roberts Ltd.
Respectfully submitted,
—
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
Attachments
41
J. trick Woods, C.G.A.
i Manager
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I'
REPORT TO COMMON COUNCIL
M &C2012 -194
July 20, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: 2012 ASPHALT RESURFACING — ADDITIONAL STREETS
BACKGROUND
C4 -11
The City of Saint John
At its June 7, 2010 meeting, Common Council "RESOLVED ... 2. that staff be instructed to add
additional segments of streets to utilize the projected surplus; and..." based on a
recommendation in M &C 2012 -127: Contract 2012-15: Asphalt Resurfacing 2012.
ANALYSIS
Five (5) additional street sections are being added to this contract to take full advantage of this
very competitive pricing, and to ensure the budget surplus is fully utilized. Approximately four
(4.36) additional lane kilometers of streets will be resurfaced in 2012 at a cost of approximately
$274,924 with a contingency of $65,000. The street sections being added include:
Street
Bridge Road
Dorchester Street
City Road
Saint Patrick Street
Kervin Road
RECOMMENDATION
Limit
Reversing Falls Bridge to Simms Corner
Union Street to Carleton Street
Haymarket Square to Marco Polo Bridge
At the Intersection with Union Street
Westmorland Road to Glengarry Drive
It is recommended that Common Council receive and file this report.
R. Kevin Rice B. Sc., CET
Deputy Commissioner
Transportation and Environment
atrick Woods, CGA
City Manager
43
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
REPORT TO COMMON COUNCIL
M &C 2012 -196
July 23, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Saint John City Market - Lease of Space Stall "C -1"
BACKGROUND
n
The City of Saint John
646534 N.B. Ltd. (dba Kim's Korean Food) is currently an over holding tenant of the Saint John City Market and hopes to
continue leasing stall "C -1 ", which is approximately three hundred eighty one square feet (381 ft') of leasable area in the
Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. 646534 N.B. Ltd. intends to operate
continuously, actively and diligently for the sole purpose of a fast food and deli outlet with specific covenants of sale, as
outlined in the proposed Lease (attached). The proposed use is considered appropriate in that it will maintain the
current utilization of said space.
ANALYSIS
646534 N.B. Ltd. has been a leasing tenant in the Saint John City Market since November, 2009, has been diligent
regarding rental payments and is familiar with the protocols which govern the City Market and tenants. 646534 N.B. Ltd.
has submitted all the necessary documents and information required to enter into a lease agreement with the City of
Saint John.
FINANCIAL CONSIDERATIONS
The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $31.50 per square foot
(psf) in year one to $33.50 psf in the fifth year, increasing year over year to reflect a forecasted increase for the
consumer price index. The proposed rent is consistent with the average rental rate for the main hall of the Saint John
City Market, based on size and location of stall. The Gross rent shall be paid in equal monthly installments, monthly in
advance, via pre- authorized debiting. There is no Landlord's base building work required, as 646534 N.B. Ltd. are a
current over holding tenant and finds the space adequate.
INPUT FROM OTHER SOURCES
Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all
reviewed and contributed to this report.
RECOMMENDATION
Your City Manager recommends that Common Council:
..
Report to Common Council
Saint John City Market - Lease of Space Stall "C -1"
Page 2 of 2
1. Approve the lease of space for stall "C -1" in the City Market with 646534 N.B. Ltd. under the terms and
conditions as set out in the Lease submitted with MC2012 -196, and further
2. That the Mayor and Common Clerk be authorized to execute the lease.
Respectfully submitted,
Gregory J. Yeors, GA, MBA
CommissionerjingYnce and Administrative Services
Patrick Woods, CGA
City Manager
45
Form A19
LEASE
Standard Forms of Conveyances Act, S.N.B. 1980, c. 5-12, s1
The parties to this lease are:
The City of Saint John, having its City Hall 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 —
646534 N.B. Ltd,, having its registered office at 4 Aspen Drive, Rothesay, New Brunswick, E2E
5C2, a body corporate pursuant to the laws of the Province of New Brunswick, the "Lessee"
The Rules and Regulations attached hereto as Schedules "D" form part of this Lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the
following conditions:
Duration: Five (5) years
Date of Commencement: July 1, 2012
Date of Termination: June 30, 2017
Payment Dates: First day of each and every month during
term hereof
This lease contains the covenants and conditions which are attached and set out in:
(a) Schedule "C "; and
(b) Rules and Regulations attached hereto as Schedule "D ".
DATED 2012.
SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN
In the presence of: )
Mayor
Common Clerk
Common Council Resolution:
2012
646534 N.B. LTD.
Per:
a .
R:
And:
M
W
SCHEDULE "A"
All that certain premises designated Stall G1 m the City Market, 47 Charlotte Street, Saint John,
New Brunswick, more particularly shown on the sketch here below.
�l
GROUND FLOOR - (LEASEABL�, AREA X381 f.)
SCALE: 1 f 4
LEASE PLAN
(COPIES: 8 1/2" x 14' ARE NOT TO SCALE)
47
1
4
i
LEASE FOR STALL SPACE
CITY MARKET
646534 N.B. LTD. — STALL C -1
SCHEDULE "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 2.03;
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 new 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 prevention, 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 station, 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" mean 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 uncollectnble amount or bad debts
will not be deducted. A credit or instalment We will be considered as a sale for the full
price in the month in which it takes place. Gross Receipts shall not include:
.•
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 2-
i. sales for which the customer has received a refund, provided that the original
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;
1) "Leased Premises" means the premises leased 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" shall mean a period of time, the first Lease Year commencing on the
Commencement Date and ending on the 31" 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`t, 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, loud 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
W
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
-Page 3 -
reviews and investigations, removal and/or clean -up of Hazardous Substances from the
Common Areas; the cost of the rental of any equipment and signs and the costs of
supplies used in the maintenance and operation of the City Market and the Common
Areas; accounting and audit fees incurred in the preparation of the statements required to
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 from
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 "W;
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 tie Lessor as a result of its failure to pay Taxes in a timely spanner,
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.
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Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 4 -
ARTICLE 11
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on 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. C -1, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of
approximately Three Hundred Eighty -One Square Feet (381.00 ft). In the event the Leased Premises is
re- measured the Lessee shall pay all rents based on a maximum square footage of Three Hundred Eighty -
One Square Feet (381.00 ft=).
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 five (5) years to be
computed from July 1, 2012 and fully to be completed and ended on June 30, 2017 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 Date shall be the earlier of-
a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to
the Lessee notwithstanding that the Lessor may still, during such zero (0) 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, flee 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 parties' 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
of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or
deduction, and neither party shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the
Lessee shall execute an acknowledgement of same on Lessor's usual form.
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Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C- I
Schedule "C"
-Page 5 -
The Lessee shall pay all Gross Rent 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 -- purposely deleted.
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Thirty-Tyro Dollars and Fifty
Cents ($32.50) 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 -
$31.50 per square foot ($1,000.12 monthly)
Year 2 -
$32.00 per square foot ($1,016.00 monthly)
Year 3 -
$32.50 per square foot ($1,031.87 monthly)
Year 4 -
$33.00 per square foot ($1,047.75 monthly)
Year 5 -
$33.50 per square foot ($1,063.62 monthly)
3.02 Reports by Lessee
a) The Lessee shall submit to the Lessor on or before the le day following the end of each
calendar month during the Term and including the 10`s 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 600' 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 certified 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 (Mandatory 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
excess of the Prime Rate.
3.05 Deposit
The Lessor acknowledges receipt of Zero Dollars (u.uu) 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
52
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 6 -
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 - Authorised Payments
The Lessee must 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.
The Lessor shall sign a form of application which is the same or similar to Schedule "D-1 ", or as may be
required by the Lessee's bank, credit union or other financial institution.
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 Lease 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 alien 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
by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations
to pay the Taxes as herein provided pending the contest, but if by law it is necessary that
such payment be suspended to preserve or perfect the Lessee's contest, then the contest
shall not be undertaken without there being first deposited with the Lessor a sum of
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.
53
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 7
4.03 HST Payable by Lessee
The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable
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
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 151 day of each month during the Term.
54
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -I
Schedule "C"
- Page 8 -
A.RTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased ]Premises
a) The Leased Premises shall be used continuously, actively and diligently for the sole
purpose of a fast food and deli outlet. Products sold — hot and cold sandwiches, food
platters, fried chicken, fish, burgers, hot dogs, french fries, apple and onion rings, soups,
stews, chowders, chili, clams, scallops, hot and cold beverages, assorted salads, lobster
and shrimp rolls, ice - cream, cookies, cakes, pies, candy, bars and potato chips, Oriental
and Italian specials.
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 "Kim's
Korean Food" 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 Loused
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.
b) 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 farther agrees that if it vacates or
abandons the Leased Premises or fails to so conduct its business therein, or uses or
permits or suffers the use of the Leased Premises for any purpose not specifically herein
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 }lent reserved in this Lease will immediately
become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor.
The Lessor will have the right, without prejudice to any other rights which it may have
under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b).
7.02 Conduct and Operation of Business
The Lessee shall occupy the Leased Premises from and after the Commencement Date and
thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the
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;
b) conduct its business in the Leased Premises during such hours and on such days as the
Lessor from time to time requires or permits and at no other time. However the Lessee is
not required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. If the Lessee fails to open on the Commencement Date
or during the days and/or hours required by the Lessor, then in addition to all other
55
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 9 -
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 ($250.00) 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 We
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;
fj 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 fi-ee 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 time
without the prior written consent of the Lessor;
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 m 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);
j) 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;
1) 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
machinery, equipment, article or thing shall be subject to removal by the Lessor without
notice at any time and such removal shall be done and all damages as a result thereof
shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
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646534 N.B. Ltd. — Stall C -1
Schedule "C"
-Page 10 -
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 We 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
fisudulent 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.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
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Schedule "C"
-Page 11 -
8.01 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 *Wanner 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 wares which may be seen from
the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market
of which the Leased Premises form a part and which is designed to enhance the business of the Lessee.
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
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice thereot is registered
or filed against:
a) the City Market or any part of it; or
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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 (15 016) 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 times
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
be advisable for the more efficient and proper operation of the City Market
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.
8.09 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:
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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 term 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 therein 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;
f) Premises, Property and Operations;
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.
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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 9.0 1, 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 Prom 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 for any injury
or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity,
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. hi 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
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
9.04 Indemnification of the Lessor
The Lessee will indemnify the Lessor, and save harmless trom 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
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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
Ii; 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`d) 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
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awards and will execute the documents that the Lessor reasonably requires in order to give effect to this
intention.
ARTICLE 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 certificates 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)
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
all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
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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 line 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.
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 renter, 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,
second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
X
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C -1
Schedule "C"
- Page 18 -
same may become due and payable hereunnder. It such Rent received from such re- letting during any
month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such
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 shall 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 hill 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, We 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 1/1*) 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.
65
Lease for Stall Space — City Market
646534 N.B. Ltd. — Stall C-1
Schedule "C"
- Page 19 -
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 Overhalding
If the Lessee remains in possession of the Leased Premises after the end of the Term 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 (I %z) times 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 Terra;
and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of
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 1QI 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
No 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.
.•
Lease for Stall Space — City Market
646534 N.B. Ltd — Stall C -1
Schedule "C"
- Page 20 -
14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
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, E21, 4L1, with a copy to
Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E21- 4L1, 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 4
Aspen Drive, Rothesay, New Brunswick, E2E 5C2. 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.
14.09 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 4LI.
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.
67
Lease for Stall Space — City Market
646534 N-B. Ltd. — Stall C -1
Schedule "C"
- Page 21 -
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 Rent Free Period — purposely deleted.
14.19 Basement Storage Space
Where the Lessee makes use of any area of basement storage space, notwithstanding any provision
here're contained, the Lessee acknowledges and agrees that water and sewer lines are located
within the basement area of the Leased Premises and that there is a possibility that water and/or
sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and
may cause damage to anything stored in the basement area of the Leased Premises. The Lessee
acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others,
in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby
agrees to release and indetnnify and save harmless the Lessor from and against any and all manner
of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or
arising out of breakage, blockage, overflow or other problem of the water or sewage lines.
•:
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 I andlord.
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.
lo. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the
Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for
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
shall not bring in or take out, position, construct, install or move any safe or other heavy
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 platforms 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 fiuniture 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
so during hours the City Market is staffed by City Market employees. The Landlord at its sole
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
lease to which these rules and regulations are annexed.
SCHEDULE "D"
RULES AND REGULATIONS
Page 2
15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean
the windows of the Leased Premises from time to time and at reasonable times.
16. Any band 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.
21. The Tenant shall not keep or display any merchandise on or otherwise 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:
Materials: Wood and metal are considered to be appropriate materials. Plastic may be used
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'-
V 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 lto 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 l l" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
70
I�reArt�sbbed Da4Miitg I�vtai
� �'� �
Tite City of SWM Jahn at hcumm d'offi*
The City of Saint Jam is o aced to be able to
ofi r City Ma dmt T't omb a mntnthly debstmg
xm locataica do nuccbd ==dc pal,
I?m3►ment POOR f+or Mmaat of City Ma &d rcuL
1'opdm do Payer Par p d*v=mmt ittmcWm
mmmxd anbom dqw km loyar du march6
/Ville •
mmia4mL
We bops dial do fioom is selfLcgdmatmyl,
Now all 1- goo cc fimWaim at cLa,
howria, phase call. w if you have my quertioaa.
Wutofiois d vo u an des questions,
A�J1OZ AVi�IriYRInO
n'6<ez A noun mppdw,
(Si6j 652-D"
(Sim IMIM
Plmw fM in ad rddun dda f= to TU City
of saint John BUU qp tmd Collection: office
.rich a VOID eb a pe (for a000ant va3fic ahm
PtuP, '01)-
va�a t�plir d neionrner le pr6tmt Wolaires
as hteraea de 4 i>WtVrMtim et de k petveleliou
de The My of saint John rim= dWae pmtW L
Martino «ANNUL& (=X:Om de vhi&odm du OMPae).
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Name /Non •
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71
*Ea ce qd coeotaes let aooq t oonjeide,, dPW
d%m aiv , at mgaite as lw cb*w h& do cv
ooao�pte, toot ies dtpotaobtidrtn tepee'.
Nab : si voot d6tittor & t *me oopie daptdteet
faatm4*v diimert mmVK vmillta enttri wsnit bttn 1,
** Vtie m Vane**
TERM AND CONDMONS
Me toin aotilj no (Sty ofSaid Jobs Bing add
Calleatl m ci&% in writiiog, afagy dn"m is the
aoco" isAtnntlm of tamrim4w ofd& a& -dudpa
II lead *kty(30) dip prior to my amrt pq nkM
me usdenaiand fat terms wfim of dria
0106erimska don Sot affect nWoar oft to
Pe ylh Poda a dery m Co■traCted ftdwft The
City of Said Join.
i�ylroar 8aaacisl iaatitmtion will treat oath debit as
if Vwo bed personally ieemed awrittta db wdm
mftdziaG Tiro C3ky of SWW Juba to debit do
amount (a) Rmdh d 10 MY10urmcomat sod
need Cot v=* that payawft =drawn is
doom do wit ws asfhodadiow
We vadendmd dat or debite Charged to
nWAw AccountwM be re4mbrtaed M
was not
..r. o...Ms� w nom IMMIMpp or
9& debit wan posted to the wrong aecouat dire to
iawlidimoorrect accooat iaformadon @applied by
the Bona k Casectioas ofilm The GYy of 8aiat
by 8hft mofiw b wdft to myloar branch of
mccoaat w nieaty (90) days of do debit to
nww aowmrt
The Gay of Saint Jahn w0l chop s 10.00 for each
traesa0aoa rearmed for Non SuMcieat Faude
YWe aelmowiedge tint dd uy of We wm&orimdiaa
b TLe City of Saint Jabr ConatltM 60fiV ty to
my Emencial inedt@tioa.
VWC waQaot Oat all persoas wbow aigmat m w
are rOgoire I b tip up an thle account have
signed dds ardoria7mdm
** NNW **
11e City of Sant John Doss NW shisr+e or
1td1 its client lists. Any kfox,nxdm provided
herein wM be used Only fordw above-notod
pugmc, and ix no odw purpose.
Year dgwbm on deis bm is your
izertion for no City of Saint John to
romrnd ihia ini"watiaa if you b"e any
questions about this statemcat, piense do not
1sas�itate to call 652 -1960 or
the City SoIkkoes Office at (506) 658- -2860.
MODALIT$g rr coNDrnoN9
Pwdc ik lel er de It
SMPPWMKANMM at do ]a Pmydm do ne Clhyofiew Jab.,
°fib 09, dc )A AWMIM do coo afthodM an man
*mb (30)ionn avant M deb daproebnidpdamaat,
de � n � ce, mer8aa
IDimlle off° do payer is pevdrdta as IN
amyiom m ms coWstpaaroa "m The Hof Swm iaio.
btadmlte ianthadoa 6aaaoi� trd%m &quo
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paioe edjeeaeoot6we use ahmOtlt+e dadte M*Cbmt The ply
of Saint John! d6lriter h(s) ma■hat(a) dbetrrmmki) do
maa/aoft wwfb Ot dba'aeoa pea 1 vidit qoe In
p Carta coot paegoa 6 cat Joao amtariea!%a,
k Ob00�0° 0m comir doom qae bwprjibvm meat
banaire de mat/ootro cos VA man Wmbcwni d:
Ce preemenuw a% pan
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ion
Ce Pr&WVSUMWa 6d eftir W du roenvaia ac"te an
inw, , Pr &="' � deh
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as doo-so an @via chart ima►aotee wa:mrd0
bamo dm dens he gwko-ViW di: (90) pm
anivant b taerart de modnotre oomph.
The City of Saint rain ficharara l0 S Pow O k*w
twasnctiCm rtim ie an Duos d'hodhow de fbada.
re regomnda/aoua recmeaeiwom Wen aecordaut come
antotiadioo i The C ky of Snit John, je racoarde/maa
1'aocardomn d moMwtm bmitstionfronoc are.
JO g>�a/norrn qm tordsa jes peeacoaea
b [xi6aeab arrlorLatioo � � � �
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72
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Joon Myung Kim of the Town of Rothesay, in the County of Kings and Province of
New Brunswick, MAKE OATH AND SAY THAT:-
I am the President 646534 N.B. Ltd., the Lessee named in the foregoing instrument
and have custody of the corporate seal of the said company and am duly authorized to
make this Affidavit.
2. That the corporate seal affixed to the aforegoing agreement and purporting to be the
corporate seal of 646534 N.B. Ltd. is the corporate seal of 646534 N.B. Ltd., the
Lessee named in the foregoing instrument and it was affixed by Mme as the officer
authorized to so affix the seal.
3. That the signature "Joon Myung Kim" subscribed to the said instrument is the
signature of Joon Myung Kim, the President of the said 646534 N.B. Ltd., and I am
duly authorized to execute the said instrument.
4. That the said document was executed as aforesaid at the City of Saint John, in the
Province of New Brunswick on the 15th day of June, 2012.
SWORN TO before me at the City of
Saint John, in the County of Saint John
and Province of New Brunswick, this
15th day of June, 2012.
Lynn A. Nason
Commissioner of Oaths
Being a Solicitor
73
Joon Myung Kim
REPORT TO COMMON COUNCIL
M &C 2012 -197
July 23, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Saint John City Market - Lease of Space Stall "D -1"
BACKGROUND
7)"7
The City of saint John
Kyung Soon Chang (dba Howard's Convenience) is currently an over holding tenant of the Saint John City Market and
hopes to continue leasing stall "D -1 ", which is approximately four hundred fifty square feet (450 ft2) of leasable area in
the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. Kyung Soon Chang intends to operate
continuously, actively and diligently for the sole purpose of a tobacconist and variety store. The proposed use is
considered appropriate in that it does not conflict with any existing uses and will maintain the current utilization of said
space.
ANALYSIS
Kyung Soon Chang has been a leasing tenant in the Saint John City Market since March 3rd, 2008, has been diligent
regarding rental payments and is familiar with the protocols which govern the City Market and tenants. Kyung Soon
Chang has submitted all the necessary documents and information required to enter into a lease agreement with the
City of Saint John.
FINANCIAL CONSIDERATIONS
The proposed Lease (attached) is highlighted by a term of five years with rents that range from $27.00 per square foot
(psf) in year one to $31.00 psf in the fifth year, increasing year over year to reflect a forecasted increase for the
consumer price index. The proposed rent is slightly lower than rents in the main hall of the Saint John City Market, due
to differences in customer traffic and access to the leased space as it compares to a main hall space that is essentially an
extension of the Pedway system. The Gross rent shall be paid in equal monthly installments, monthly in advance, via
pre- authorized debiting. There is no Landlord's base building work required, as Kyung Soon Chang is a current over
holding tenant and finds the space adequate.
INPUT FROM OTHER SOURCES
Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all
reviewed and contributed to this report.
RECOMMENDATION
74
Report to Common Council
Saint john City Market - Lease of Space Stall "D -1"
Your City Manager recommends that Common Council:
Page 2 of 2
1. Approve the lease of space for stall "D -1" in the City Market with Kyung Soon Chang under the terms and
conditions as set out in the Lease submitted with MC2012 -197, and further
2. That the Mayor and Common Clerk be authorized to execute the lease.
Respectfully submitted,
Gregpfy J. Yeoma A BA
Commissioner, n ce nd Administrative Services
Patrick Woods, CGA
City Manager
75
Form A19
LEASE
Standard Forms of Conveyances Act, SXB.1980, c. 5 -12, s.2
The parties to this lease are:
The City of Saint John, having its City Hall 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 —
Kyung Soon Chang, of 6 Cedarwood Drive, Saint John, New Brunswick, E2K 4T4, doing
business as Howard's Convenience, the "Lessee"
The Rules and Regulations attached hereto as Schedule "D" and the Form 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: Five (5) years
Date of Commencement: July 1, 2012
Date of Termination: June 30, 2017
Payment Dates: First day of each and every month during
the term hereof
This lease contains the covenants and conditions which are attached and set out in Schedule "C ".
DATED , 2012.
SIGNED, SEALED & DELIVERED
In the presence of:
THE CTTY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
.2012
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IN
LEASE FOR STALL SPACE CITY MARKET
KYUNG SOON CHANG - DOING BUSINESS AS
HOWARD'S CONVENIENCE
SCHEDULE "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 2.03;
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 root 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, fast 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
S
Lease for Stall Space — City Market
Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
- Page 2-
will not be deducted. A, credit or instalment sale will be considered as a sale for the full
price in the month in which it takes place. Gross Receipts shall not include:
i. sales for which the customer has received a refund, provided that the original
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;
1) "Leased Premises" means the premises leased 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" shall mean a period of time, the first Lease Year commencing on the
Commencement Date and ending on the 31'` 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, loud 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
79
Lease for Stall Space — City Market
Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
- Page 3 -
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
reviews and investigations, removal and/or clean -up of Hazardous Substances from the
Common Areas; the cost of the rental of any equipment and signs and the costs of
supplies used in the maintenance and operation of the City Market and the Common
Areas; accounting and audit fees incurred in the preparation of the statements required to
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 from
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 Markef' 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 patty named as Lessee in this Lease; and
x) "Term" means the period referred to in Section 2.03.
:1
Lease for Stall Space — City Market
Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
-Page 4 -
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on 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
Exterior, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of
approximately Four Hundred Fifty Square Feet (450 ft). In the event the Leased Premises is re-
measured the lessee shall pay all tents based on a maximum square footage of Four Hundred Fifty
Square Feet (450 ft=).
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased Premises shah 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 Five (5) years to be
computed from July 1, 2012 and fully to be completed and ended on June 30, 2017 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 Date shall be the earlier of
a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to
the Lessee notwithstanding that the Lessor may still, during such zero (0) 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 parties' 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
of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or
deduction, and neither party shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the
Lessee shall execute an acknowledgement of same on Lessor's usual form.
Lease for Stall Space — City Market
Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
-Page 5 -
The Lessee shall pay all Gross Rent 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 — purposely deleted.
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Twenty -Nine Dollars ($29.00)
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
$1,012.50 monthly ($27.00 per square foot)
Year 2 -
$1,050.00 monthly ($28.00 per square foot)
Year 3 -
$1,08750 monthly ($29.00 per square foot)
Year 4 -
$1,125.00 monthly ($30.00 per square foot)
Year 5 -
$1,162.50 monthly ($31.00 per square foot)
3.02 Reports by Lessee
a) The Lessee shall submit to the Lessor on or before the 10t' day following the end of each
calendar month during the Term and including the 10th day of the month following the
end of the Term, at the place then fixed for the payment of Rant, 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 certified 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 (Mandatory 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 Lesser 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
excess of the Prime Rate.
.,
Lease for Stall Space — City Market
Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
- Page 6 -
3.05 Deposit
The Lessor acknowledges receipt of Zero Dollars ($00.00) wtuch 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 pact
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
The Lessee must 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.
The Lessor shall sign a form of application which is the same or similar to Schedule "04", or as may be
required by the Lessee's bank, credit union or other financial institution.
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 Lease 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 lierl 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
by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations
to pay the Taxes as herein provided pending the contest, but if by law it is necessary that
such payment be suspended to preserve or perfect the Lessee's contest, then the contest
shall not be undertaken without there being first deposited with the Lessor a sum of
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
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Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
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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 applicable
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 faciiities 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
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 1' day of each month during the Term.
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ARTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased Premises
a) The Leased Premises shall be used continuously, actively and diligently for the sole
purpose of tobacconist and variety store.
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 "Howard's
Convenience" and will not change the advertised name of the business to he 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.
b) 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 therein, or uses or
permits or suffers the use of the Leased Premises for any purpose not specifically herein
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 unless guaranteed to the satisfaction of the Lessor.
The Lessor will have the right, without prejudice to any other rights which it may have
under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b),
7.02 Conduct and Operation of Business
The Lessee shall occupy the Leased Premises ttom and after the Commencement Date and
thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the
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;
b) conduct its business in the Leased Premises during such hours and on such days as the
Lessor from time to time requires or permits and at no other time. However the Lessee is
not required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. If the Lessee fails to open on the Commencement Date
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 ($250.00) per day for each and every day that the Lessee is in
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Schedule "C"
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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 time
without the prior written consent of the Lessor;
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);
j) 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 cage, 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;
1) 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
machinery, equipment, article or thing shall be subject to removal by the Lessor without
notice at any time and such removal shall be done and all damages as a result thereof
shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
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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 7,0 1. 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 We 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 We 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.
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Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
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ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 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 tames, and in addition to the
foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from
the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market
of which the Leased Premises form a part and which is designed to enhance the business of the Lessee.
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
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
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Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
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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 arty part thereof at all times
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
be advisable for the more efficient and proper operation of the City Market.
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.
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Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
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8.09 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 minimise
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 term 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 therein 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;
f) Premises, Property and Operations;
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.
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Kyung Soon Chang — Doing Business as Howard's Convenience
Schedule "C"
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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 9.0 1, 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 elect 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 Pret wises 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 I essm 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 boss 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 for any injury
or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity,
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 he liable for any
injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
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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 (P) 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.
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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.
ARTICLE 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 certificates 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)
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:
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;
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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
all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
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 line 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.
ARTICLE X1II
DEFAULT OF LESSEE
13.01 Right to Re -Enter
When
K) 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 tear 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
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Kyung Soon Chang •- Doing Business as Howard's Convenience
Schedule "C"
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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,
second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
same may become due and payable hereunder. If such Rent received from such re- letting during any
month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such
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 shall 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,
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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 Term and without
the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Terra 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 mouth equal to the sum of
one and one half (1 %z) times 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 otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of
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 XII 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
No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent
herein stipulated shall he 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.
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Schedule "C"
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14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
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, E21, 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 4L1, 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 6
Cedarwood Drive, Saint John, New Brunswick, E2K 4T4. 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.
14.09 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 4L1.
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.
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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 Basement Storage Space
Where the Lessee makes use of any area of basement storage space, notwithstanding any provision
herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the
basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape
from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to
anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if
it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased
Premises, it does so at its own risk and the Lessee hereby agrees to release and indemnify and save
harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and
demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other
problem of the water or sewage lines.
M
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 Promises
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
Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for
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
shall not bring in or take out, position, construct, install or move any safe or other heavy
equipment or furniture without fast 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 platforms 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
so during hours the City Market is staffed by City Market employees. The Landlord at its sole
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
lease to which these rules and regulations are annexed.
99
SCHEDULE i`D"
RULES AND REGULATIONS
Page 2
15. Subject to the Landlord's providing such service, the 'Tenant shall permit 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.
21. The Tenant shall not keep or display any merchandise on or otherwise 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:
Materials: Wood and metal are considered to be appropriate materials. Plastic may be used
provided that it loop 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 (T-
0" 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 lto 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 11" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
100
SChEliULr, • --!
Pre- Au&whmd DdM ft loom
1de+e d'a�ap..1Mr do
The Catty of Saint Jobe at batnauc 4102 k
TU City of Saint Jdbn is plaased to be able to
offiar City Monet Tenants a nmanddy, debidag
auoc locmima do morchd maoicind
Paymaat Option for Payment of City Madwt runt.
1'opti w de Payer par provai scoot banceim
maa" Xdww4w kw loyar do marda6
/ Ville :
inw9c paL
We hop t Wdw fmm is aeif- 4Plaoa my.,
Now eap6rona qao of fimnuWm ca cLa,
hover, pbaw call us if yon have say questions.
UWAefois si Vona waa do goaatione,
AOTTTORM
nlAdtez BM & nous amla.
(M) 652-Da
(SM) QUM
Plasm tau in and ratan this farm, to Mw City
of saint Aft Batinp and Collecdcas office
with a VOID d qm (for sommt via dfics ion
pospam).
VIOUDICZ remplir at =coot Mw is Priam fonwlaira
au t I - - de 1: fachaadm et de ispam ogd a
de The City of saint John avee= cbkm porbd b
nmtim 0MUL$► (nx fftu do vhiftdioa da cmpft�
Trwe, / JOUSIM,
Name / Nam:
AMM!A&i :
l'mviace :
raalal Cods
/ Ville :
/Cade
AOTTTORM
AtPTOZiTilt/AWOfiIIl01r8
taw
11R of finial Jeia,
P.O. an 1"4 RAW Jda, T!1T3, EL Qd,
ae idit
TU aty e[8dd Jai■,
C.P.1r, Paint Jeiuy X-E, Tm. aj,
i iWhr aasaivaar
Acoowd#
/ N° do
ballot /deh MMIale :
Hnmck Ad&m / Admew do Is Mcc®alo
Tart:
for tin parpesa eipayseat of M w*d rat
rqabl 1 013
aa: om do polowel amnd da bw da net M
staatgpal
tMe lsm iced eadweak�4avd the taenaa
Of db adoffils .
raillow. avow. b et Ta aaeea
dole aemciratiaa.
g•
Dde :
Doe:
sft joist socoaata, aU depoelbM ztimat dP
if moos gm sae dgaahae is t+, I I , d as
obegaa Owd Moat do wccw t.
Now if a copy of" coampided ftm is zogWc�sa.
pore bfscm our of m
+sTMeos we over"
st$ oe qoi 0000etoe iss oospw oagjoI M do"
dhme di swm eat agAw gala cb3ctaes bwi ds oe
eongft *a= Tea d6 moftich me sism.
Naas : Si v+aas dliaitea obTeairt�as acpie da�e�d .eat
Sua�lsiha dime■tte■epli, veaiilea marieradeeb■tiau.
+� Vdr an Vaasa"
101
TERMS AND coNDMONB
UWa Wilk so* The City Of SAW John Banat dad
1 1{ectiaN offiaq in Vdfiv . of my chnog in *a
Macau$ fidn tim or oaminadim of this "d6mintim
Aired fty (30) dnya prior to tie aria payneeW
VWa tiodwowd dal brmhadon of tbis
W&w1ZNiOn don not 8060 my/aror abligstim to
Pay Ewgoods Of Mviam C amaeted fmtwhh Tbc
City ctSaiat Johm.
WOW &mull bdhR6= VA had arch dcM m
if LSm lad panooahly iswgd a wdltea dkccdm
aufbeddog The CSety of SEW robe to debit am
u cult ( ■) Kidd to my/ar acooamt and
need not vo*thatpaymaan are dnnm in
accaedauce Wilk lids ndw d=dm
UWe udexatand to asp►debitr dwgW to
ney/aeer =aemt WM be raiculkned if!
WE
Was not deawa in nowdonc with this
MODALIT$8 ET COND1'!'IONS
��ma, par ",1e boosts- de L
,�.�� pe"oRWM de Tie (�hy of Stint Jolmi
OOn4b an d do � nunwin
trance (30) john avail la date dupm bainpd,=,
jecom de mtoriMdit nit � quo Is rduilbdon
mondnot:+e obfipfiw de psyor lea p:o w as has
aecvicxa soar oealeat pour as am The City of Slot John.
Maeelnotre iotdifemion ed�esclyselae
pndblvement bsncedre oeara�o d j'avaid'nora sviom
paeseooelLemeat drais uee dhvcOw 6crite aeoorh" The City
9f Saint Jahn k 19 ung k(s) mss) 66knminb(s) de
mon/wft oeeaple at cu mwa pas i vfiMw goo in
Psiameats acatpa"ua 0=20=6101001 it oath aftimikm
Je camp eatids inn n ccwp mY qem k= PdkVM w
bsnea;re de eaca/ootne aoMpte am nmboaeab si :
�Kn
tars aoett Was posted to the Wmmg socvant bees to
iavaild/incaneot soao„et imSorwatiom supplied by
do BM6 & CoWcdm office. The City of Saint
by giving notion in writing to euy/our branch of
sceoaert witbia dimly (90) days of the debit to
The City of Saint Jahn wW cbur $10.00 for each
ft mactmreteemed forNonSuffiiciaatnus
i/We aclmad Op that deliveayof this stttbari tkm
to The City of Saint Jahn oomtitafte delivery to
my fmaeciel imitation
Me warrant fiat ath peavoas whore eaguaauree
we t+ogetieed to sign up an this socount baud
aiipood dais auan.
** pWM **
Thor City of Stunt John Ma NOT share or
sell its client list. Any kft=Lndm provided
heroin wall be used only for the sbwe.not+oa
pwposer, and for no odor purpose.
Your sivetwe on this form is your
authorizaSan for The City of Saint John to
moored this Informadm if you hm any
gtuetians about this statement, plow do not
hesitate to c oU 652 -1960 or
the city Soucito s omce at {506) 658-2960.
ce pddbvemad n's pp
;an
CO PEN&MnNo a ilk el�ecbrE du wouvals oomp/C en
orison do ragas mar le Campos invalides on
inooQecta. i'aeatais p4 1e bmm de b Sopention at de Is
p=aption de The City of saint uim
on dormant un avis 6cra I ma&0bM mocurde
mdvaw It rotndt de '
The City of Ssiut Jahn 6 mbo r 10 S poor cbse w
uanssctkm reWGMdc ee rlbM d'hWABN= do hwk.
Je noomnaiiJeoue neooandasoas qu'es a000sdant aeas
avoocindou i The City of saint Jain, je 1'ac cosde//naoa
Je gs=Wdaoas Swadbsons qw was he pesao>,aes
chat Is spatro eat nqd@; wr ex comqplo ant siga6
4 psbsaato sulmintitm.
" Preteetiln too 4 tie prIV& **
The City of Saint Jobs NE paetW pas at no vend
pas sa listo do diants. Toube iafz nudion Bois
daps 00 fmmulau+o secs utilise ee uWqoamcnt auu
Sts d6cssta ci- dossoae. Votm dgttstw twr cc
fanmulaue r+eprbtmio votre suftboefin i ce que
Thor City of Ssiai Jotm Mcgisfra PiOwmttion qui
Y ant coutenum Si vow avezt den quadicsls 1
propos de ceffe afrint>dM n!Wtez pu 1
composer le 652 -1967 ou i sppoler Is baresu do
1'mcat municipal au (506) 658 -2860.
102
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, r C% � , 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 9-`} 'C:- day of 2012,
at the City of Saint John, in the County of Saint John and Province of New
Brunswick, before me, personally came and appeared Kyung Soon Chang, doing
business as Howard's Convenience, the Lessee named in the foregoing
instrument and he acknowledged that he signed, sealed, executed and delivered
the same as and for his act and deed to and for the uses and purposes therein
expressed and contained.
IN TESTIMONY WHEREOF 1, the said
N ic, ve to set my hand
affixed my Notarial al at the City of
Saint John aforesaid to-day and year herein
PROVINCE
103
NEW BRUNSWICK
�yjjtji1H1/, #4
I.,
�;V t
a
Amlaty nfsatnt ]ohm
July 30, 2012
His Worship Mayor Norton, Deputy Mayor Rinehart
And Councillors
Subject: Committee System form of Government
Your Worship, Deputy Mayor and Councillors,
At the July 16, 2012 meeting, Council passed the following resolution:
"RESOLVED that the Common Clerk be directed to deliver a presentation to Council on the standing
committee form of government."
Attached is a power point presentation highlighting the major points inherent in the committee form of
municipal government.
Respectfully submitted,
Elizabeth Gormley
Common Clerk
Attachment
�Pl
SAINT JOHN
P.O. Box 1971 Saint ;chin, N5 CarwacU E2L 40 I 'r v,sa%ntJohn.ca I C.P. 1971 Saint Inhn, N.-B, Canada EA 4L1
104
COMMITTEE SYSTEM
Proposed New Governance Model
for The City of Saint John
405
Principles of Good Governance
Legitimacy & Voice
Direction
Performance
Accountability
Fairness
4MM2 1
E1:I.6
Democratic/ Accessible
& Representative
Strategic Vision
Reponsive/
Efficient
Effective &
Accountable /
Transparent
Equity /Rule of Law
Desired Outcomes
Common Purpose
Clear Direction
Clear Accountability
Improved Decisions
Citizen Participation
Better Service
Effective /Efficient
497
Potential Benefits and Pitfalls
Potential Benefits
Specialize
► Interests
► Citizen Input
► Public Opinion
► Speed Up Work
Informal Atmosphere
► Participation of Staff
► Better Decisions
► Accountability
► Responsive / Transparent
Potential Pitfalls
Ignore Vision
Duplication Effort
Fragmented Outlook
Buck Passing
Neglect Community
Interference in Operations
Conflict .jurisdiction
Time lines
design Principles
Embrace the principles of good governance
Realize desired governance outcomes
Focus Council on policy and setting strategic
direction
Achieve the Community's vision
Realize the benefits, avoid the pitfalls
509
Model Features
Anchored in achieving Community's Vision
Focused - policy and strategic direction
More active /involved roles for Councillors
Enhanced public participation
More effective decision - making process
Improved effectiveness and efficiency in
operations
Improved accountability and transparency
Nf10]
Policy Focused System
• Policy... a governing principle, plan or course of action that guides or
influences future decisions
• Council makes public policy decisions; others implement
Policy
Adopt budget / set tax rate
Adopt visions /goals for
community, set strategic
direction
Adopt policy allowing or
prohibiting off - street
parking
Administration
Propose budget, analyze
alternatives, spend<limits
Deliver services in support
of Council's strategic
direction
Enforce terms of parking
policy
Political Organization
Committee of Whole
Comillon Clerk
I_ ity "'olk -Aloe
Growth.-- Development
Committee
Common Council
Transportation / Environment
Committee
Urban Environment
Committee
542
City Manager
Treasurer 1
Saint John Water
Committee
oordinating
Committee
Committee Composition
Only members of Council appointed to SPCs
Mayor is ex- officio member (no vote; no
quorum)
City Mgr has right to attend all SPC meetings
Committee of Whole: All Members of Council
Coordinating Committee: Mayor (Chair),
Chairs of SPCs
Standing Policy Committee: 5 Members of
Council
553
Appointments
Chairs appointed by Mayor
Committee Members appointed by Council
Vice Chair elected by Standing Committee
Membership
A member of Council can only chair one
committee at any given time
A member of Council cannot chair same
Committee in consecutive rotations
564
Committee Rotations
Chairs are rotated every two (2) years
Membership is rotated every two (2) years
Two (2) Members remain on the Committee
with three (3) new Members added
Rotation occurs midway through Mandate
(June)
Appointments according to established
process
575
Standing Committee Mandates
Standing committees make recommendations
on policy within a specified mandate
Broad mandates define the purpose and
authority of each committee
NIRe
Public Presentations
Public presentations are made at Committee
meetings
The public does not make presentations to
Council unless:
Required by legislation (i.e.: public hearing)
Recommended by a Committee and approved by
Council
Requests to make public presentations
require a written submission to the Clerk
597
Termination
Non-performance
Personal Agenda
Not calling Meetings
Not representing views of Committee
Not Attending
Procedures
Rare Occurrence
D 111-01
Work Flow
Members of Council
Citizens
Administration 1 i Committees 64 Council
ABCs
Other Stakeholders
Fundamental Change:
Access to the Strategic Decision - Making
Process is through Committees
\`\\
` 619
Work Flow
Members of Council
Citizens
City Manager
Common Clerk Common Clerk Council
Treasurer
City Solicitor
ABCs
Other Stakeholders Committees
(COW & Standing Commiees)
Standing Committees
Committees
620
A\ .'�
Administrative Inquiries
Administrative Inquiry: written request from
Committee Member for information /report
related to policy
Requests made through Committee to City
Manager, City Treasurer, City Solicitor and /or
Common Clerk
CM, CS, CC,CT answers verbally, in writing or
commits to written response
Only SC makes inquiries of CM, CT,CS and/or CC
No authority to make inquiries of CM,CS,CT,CC or
employees by Chairs or Committee members
��1
Ad Hoc & Sub-Committees
Ad hoc
❖Created by Council to review and develop
recommendations for special purposes
4: *Report to Council
Sub - Committees
Created by Standing Committees to review and help
develop policy on matters that fall within the mandate
Report to Standing Committees
642
Principles of Good Governance
Legitimacy & Voice
Direction
Performance
Accountability
Fairness
4MM2 1
DIRIN
Democratic/ Accessible
& Representative
Strategic Vision
Reponsive/
Efficient
Effective &
Accountable /
Transparent
Equity /Rule of Law
Agencies, Boards & Commissions
ABCs deliver services on behalf of City
ABCs contribute to policy development with
recommendations and information
City ABCs directly accountable to Council
ABCs will report through one or more of the
Standing Policy Committees (depending on
SPC mandate)
ABC mandate, authority, membership, service
outputs defined in Terms of Reference
Potential to eliminate some
DI:t, I
Agencies, Boards & Commissions
Required reporting to Council through one or more
SPCs on:
*:Activities and performance
❖How activities contribute to Council's policy, strategic
direction and priorities
Budget allocations dependent - reporting,
performance, outcomes and alignment with
strategic direction
Requires individual review to determine real need
Councillors should be Governors not ABC members
D-I�I
Current System:
Meeting Type
Approximate Time Commitment
Total Time Commitment
Committee of the Whole
2 hrs /meeting X 2 meetings /month
4 hours per month
Council Meeting
4 hrs /meeting X 2 meetings /month
8 hours per month
Committee of the Whole
(reduced meeting time)
12 hours per month
Does not factor in weekly meetings during budget time.
Proposed System:
Each committee meets once per month.
Each councilor serves on 2 committees.
Committees
Approximate Time Commitment
Total Time Commitment
Each Committee
1.5 hrs /meeting X 2 meetings /month
3 hours per month
Coordinating Committee
(4 Chairs of SPC's)
1.5 hrs /meeting X 1 meeting /month
1.5 hours per month
Committee of the Whole
(reduced meeting time)
1 hr /meeting X 2 meetings /month
2 hours per month
Council Meeting
(reduced meeting time)
1.5 hrs /meeting X 2 meetings /month
3 hours per month
9.5 hours per month
;.
Sample Meeting Schedule:
June 2012
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
May 27
28
29
30
31
Jun 1
2
3
4
5
6
7
8
9
COW Closed
G &D Meeting
Council Meeting
Titus / Farren /
Higgins / Snook /
McGuire
10
11
12
13
14
15
16
Coordinating
UE Meeting
Committee
McGuire / Mott /
(Chairs of SPC's)
Snook / Sullivan /
Norton
17
18
19
20
21
22
23
COW Closed
T &E Meeting
Council Meeting
Norton / Higgins /
Titus / Chase /
Court
24
25
26
27
28
29
30
SJW Meeting
Chase / Sullivan /
Court / Mott /
Farren
SPC — Standing Policy Committee G &D — Growth & Development
UE — Urban Environment T &E —Transportation & Environment
�, lollA
SJW — Saint John Water
0\, ° 6(.1
PROPOSED SECTION 39 AMENDMENT
RE: 14 MCLAUGHLIN CRESCENT
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, July 30, 2012
at 7:00 p.m., by:
Amending the Section 39 conditions imposed on
the February 2, 2009 rezoning of the property
located at 14 McLaughlin Crescent, also identified
as PID No. 00322214, to permit a revised proposal.
REASON FOR CHANGE:
To remove or modify the condition that currently
limits the use of the property to a business office
for physiotherapy, massage therapy, athletic
therapy and other health- and - wellness- related
professional services, so that the property may also
be used for other purposes permitted in the `B -1"
Local Business zone.
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 Hall.
PROJET DE MODIFICATION DE
L'ARTICLE 39
OBJET: 14, CROISSANT MCLAUGHLIN
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'examiner une
proposition lors de la reunion ordinaire qui se
tiendra dans la salle du conseil le lundi 30 juiffet
2012 A 19 h en apportant les modifications
suivantes :
Modification des conditions imposees en vertu de
Particle 39, le 2 Wrier 2009, relativement au
rezonage de la propriete situee au 14, croissant
McLaughlin, et portant le NID 00322214, pour
permettre la presentation d'une proposition revis6e.
RAISON DE LA MODIFICATION:
Pour 61iminer ou modifier la condition qui limite
actuellement ]'usage de la propriete a un bureau
commercial ou Von offre les suivants ;
physioth6rapie, massoth6rapie, therapie sportive et
autres services professionnels lies a la sante et au
mieux -etre, de fagon que la propri&6 puisse
6galement titre utilisde a d'autres fins autorisees
daps la zone locale commerciale « B -1 ».
Toute personne interess6e peut examiner la
modification proposee au bureau de la greffi&e
communale ou au bureau de l'urbanisme et du
developpement a Ph6tel 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 part de vos objections au projet de
modification par 6crit a ]'attention de la soussignee
A 1%6tel de ville.
If you require French services for a Common Si vous avez besoin des services en frangais pour
Council meeting, please contact the office of the une reunion de Conseil Communal, veuillez
Common Clerk. contacter le bureau de la greffiere communale.
Elizabeth Gormley, Common Clerk
658 -2862
Elizabeth Gormley, Gre£fiere communale
658 -2862
128
ON1
Advertiser Name: Saint John Common Clerk
Advertiser Code. S71206
Size: 4.00 x 11.25 in.
Sales Rep: Elizabeth Cook
PROPOSED SECTION 39
AMENDMENT
RE: 14 Mc1AUGHLIN
CRESCENT
Public Notice is hereby given
that the Common Council of
The City of Saint John intends to
consider a proposal at its regular
meeting to be held in the Coun-
cil Chamber on Monday, July
30, 2012 at 7:00 p.m., by:
Amending the Section 39 condi-
tions imposed on the February
2, 2009 rezoning of the prop-
erty located at 14 McLaughlin
Crescent, also identified as PID
No. 00322214, to permit a
revised proposal.
REASON FOR CHANGE:
To remove or modify the condi-
tion that currently limits the use
of the property to a business of-
fice for physiotherapy, massage
therapy, athletic therapy and
other health- and - wellness- relat-
ed professional services, so that
the property may also be used
for other purposes permitted in
the "B -1 " Local Business zone.
The proposed amendment may
be inspected by any interested
person at the office of the Com-
mon Clerk, or in the office of
Planning and Development, City
Halt, 15 Market Square, Saint
John, N.B. between the hours of
8:30 a.m. and 4:30 p.m., Mon-
day through Friday, inclusive,
holidays excepted.
Written objections to the
amendment may be sent to the
undersigned at City Hall.
If you require French services for
a Common Council meeting,
please contact the office of the
Common Clerk.
Elizabeth Gormley,
Common Clerk
658 -2862
PROJET DE MODIFICATION DE
L'ARTICLE 39
OBJET: 14, CROISSANT
MCLAUGHUN
Par les pr6sentes, un avis public
est donn6 par lequel le conseil
communal de The City of Saint
John indique son intention
d'examiner une proposition lots
de la r6union ordinaire qui se
tiendra dans fa salle du conseil
le lundl 30 JuIM 2012 a 19 h
en apportant les modifications
suivantes :
Modification des conditions im-
pos6es en vertu de Particle 39, le
2 fevrier 2009, relativement au
rezonage de la propri6te situ6e
au 14, croissant McLaughlin, et
portant le NID 00322214, pour
permettre la presentation d'une
proposition r6vis6e.
RAISON DE LA MODIFICATION:
Pour 6timiner ou modifier la
condition qui limite actuelle-
ment I'usage de la propriet6 a
un bureau commercial ou I'on
off re les suivants ; physioth6ra-
pie, massoth6rapie, th6rapie
sportive et autres services
professionnels li6s a la sante et
au mieux -titre, de fa4on clue la
propri6te puisse 6galement titre
utilis4e a d'autres fins autoris6es
clans la zone locale Commerciale
a B -1 a.
Toute personne int6ressee peut
examiner la modification pro -
pos6e au bureau de la greffi&e
communafe ou au bureau de
I'urbanisme et du d6veloppe-
ment a t'h6tel 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
f6ries.
Veuillez faire part de vos objec-
tions au projet de modification
par ecrit a I'attention de la sous -
sign6e a I'h6tel de ville.
Si vous avez besoin des services
en fran�ais pour une reunion
de Conseil Communal, veuillez
contacter le bureau de la gref-
fiere communafe.
Elizabeth Gormley,
Greffiere communale
658 -2862
Ad Number: A14691
Current Date:. Jun 28 2012 10:37AM
Start Date: 7/3/2012
End Date: 7/3/2012
Color: B/W
Client Approval OK ❑
129
Corrections ❑
June 5, 2012
Re: Amendment to Section 39 for
14 McLaughlin Crescent
Saint John, N.B. E2J 2K2
PID: 00322214
Dear Sir /Madam:
It is my intent to apply for an Amendment to Section 39 Conditions for the property
located at 14 McLaughlin Crescent in Saint John, N.B. The present condition I would
like changed is as follows:
"a. that the use of the site be restricted to a business office only for physiotherapy,
massage therapy, athletic therapy and other health -and- wellness - related professional
services within the existing building;"
My recommendation would be to eradicate this condition, so that other professional
services not related to health and wellness, that fall under B1 —Local Business Zoning
may be allowed to be present in the existing building (such as lawyer, accountant, hair
salon, etc). My business has been present for three years, and I have been unable to rent
a large portion of the space for that time with the restriction in place. I am having trouble
keeping up with some payments as a result, and it is becoming exceedingly difficult to
survive as a small business with our property taxation rate, high energy costs, and other
upkeep to the property, without alternate income. In changing the restriction to allow
other professionals in the building, I am hoping to open up the possibilities of rental
income that will allow me to continue to thrive as a small business, which employs Saint
John residents and pays city taxes.
Since moving my business into this community three years ago, I have updated the
property, employed people from the neighbourhood, as well as had several neighborhood
people use our services. I feel our presence has been an improvement to the
neighborhood, and the previous concerns of our existence have been eradicated.
Please call with any questions you may have regarding this application. Thank you.
506 -657 -1117
Sincerely,
�0)1140
Kendra S. Jones
Owner and Physiotherapist
130
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Planning
Advisory Committee
July 18, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint john
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Section 39 Amendment
13 McLaughlin Crescent
On July 3, 2012 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 17, 2012 meeting.
City of saint John
Ms. Kendra Jones appeared to speak in support of her application and indicated
that she was not in agreement with several of the staff recommendations. In
particular, she noted that:
- She would like to expand the list of permitted uses to include a business
office and others that might be compatible with the surrounding
neighbourhood;
- She would like the staff parking area to remain as gravel and not be
required to pave and curb the parking area due to the cost of paving;
- She would like to refrain from installing a fence along the property line
adjacent to 38 Barbara Crescent as the recently installed hedges would fill
in to block headlights when they matured; and
- She would like to extend her hours of operation from 8:00 a.m.to 8:00
p.m. Monday to Saturday, although she noted that her office would not be
open all 12 hours of those days.
Mr. Jeffrey Zambello of 38 Barbara Crescent appeared to speak in support of the
application and indicated that he would prefer to work with the applicant to install
a thicker evergreen hedge on the shared property line rather than the fence
recommended by staff.
The Committee had an in -depth discussion with the applicant and staff about the
proposed uses and hours of operation and the potential for impact on the
surrounding neighbourhood. After this discussion, the Committee approved the
amended recommendation to Council as set out below. The Committee also
approved variances to reduce the landscaped setbacks around the existing paved
parking area on condition that additional plant materials were added according to
132
-2-
a landscaping plan, and amended the previous condition upon the hours of
operation for a business office.
RECOMMENDATION:
1. That Common Council amend the Section 39 conditions on the property
located at 14 McLaughlin Crescent, also identified as PTD Number
00322214, be amended to read as follows:
a) That the use of the site be restricted a business office only for
physiotherapy, massage therapy, athletic therapy and other health- and
wellness- related professional service; a business office with a
maximum floor area of 185 square metres; a bakery goods shop; a
barber shop or beauty salon; a dwelling unit, subject to the condition
that the number of dwelling units permitted in the building shall not
exceed the maximum number of dwelling units permitted on a lot of
the same area in the more restrictive adjoining zone on any street on
which the lot abuts; a personal service shop; and a photographer's
studio within the existing building;
b) That the site be developed in accordance with a detailed site plan,
prepared by the developer and subject to the approval of the
Development Officer, indicating the location of all buildings, parking
areas, driveways, loading areas, signs, exterior lighting, landscaped
areas and other site features, including those listed above. The site
plan must be submitted to the Development Officer for approval
within three months of Common Council approval of the Section 39
amendment;
c) That the vehicular access to the site meet the requirements of the
Zoning Bylaw and be acceptable to the Department of Municipal
Operations and Engineering;
d) That the developer pave all access, manoeuvring and parking areas
with asphalt and that paved areas be enclosed with continuous cast -in-
place concrete curbs where necessary to protect landscaped areas and
to facilitate proper drainage;
e) That adequate site drainage facilities, including necessary catch basins,
be provided by the developer in accordance with a detailed drainage
plan, prepared by the developer and subject to the approval of the
Chief City Engineer or his designate;
f) That all areas of the site not occupied by buildings, driveways,
walkways, parking or loading areas be landscaped by the developer in
accordance with the requirements of the Zoning Bylaw. The
landscaping must extend onto the City street right -of -way to the edge
of the street curb /sidewalk; and
133
-3-
g) That all site improvements shown on the approved site and drainage
plans be complete within one year of Common Council approval of the
Section 39 amendment.
Respectfully submitted,
Eric Falkjar
Chairman
SH
Project No. 12 -184
134
The City of Saint John
DATE:
TO:
FROM:
FOR:
PREPARED BY:
JULY 13, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING; PLANNING AND DEVELOPMENT
MEETING OF JULY 17, 2012
r
Samh-lierring, MCIP, R P
Planner
SUBJECT:
Name of Applicant: Kendra Jones
REVIEWED BY:
i
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Nance of Owner: 642709 N.B. Inc
Location: 14 McLaughlin Crescent
PID: 00322214
Municipal Plan: Stable Residential
Zoning: `B -1" Local Business
Proposal: To expand the range of permitted uses in the existing building and
recognize the existing development of the site as permitted.
Type of Application: Section 39 amendment to:
a) Permit a wider range of commercial uses, including a business
office, on the subject site;
b) Remove the requirement that all parking areas be paved with
asphalt and enclosed with cast -in -place concrete curbs; and
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E'-)L 4135 wwwsaimjohn.za C.P. 1971 Saint J& -.n, 1,. -B, Canada E21 -,L'i
--��
Kendra Jones Page 2
14 McLaughlin Crescent July 13, 2012
c) Remove the requirement for a detailed drainage plan to be
prepared by the applicant and subject to the approval of the
Chief City Engineer.
Variances to:
a) Reduce the minimum required landscaping in the front yard
from 2 metres to approximately 0 metres;
b) Reduce the minimum required landscaping between a parking
area for more than 5 vehicles and an adjacent residential use
from 2 metres with trees, shrubs, or hedges in a manner
designed to interfere with vehicle headlights shining across
property lines, to approximately 0 metres without trees, shrubs
or hedges;
c) Increase the maximum permitted signage from one facia sign
with a total area of 0.6 square metres to three facia signs with
approximately 1.59 square metres of area;
d) Increase the maximum permitted width of a commercial access
from 9 metres to approximately 13 metres; and
Amendment to a Planning Advisory Committee condition upon a
business office in a "B -1" Local Business Zone to:
a) Increase the hours of operation to between 8:00 a.m. and 8:00
p.m. every day from Monday to Saturday.
JURISDICTION OF COMMITTEE:
Common Council has requested the views of the Planning Advisory Committee concerning proposed
amendments to the Section 39 conditions of the subject property. Common Council will consider the
Committee's recommendation at a public hearing on Monday, July 30, 2012.
The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable
variances from the requirements of the Zoning By -law. The Committee can impose conditions.
136
Kendra Jones Page 3
14 McLaughlin Crescent July 13, 2012
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council amend the Section 39 conditions on the property located at 14
McLaughlin Crescent, also identified as PID Number 00322214, be amended to read as follows:
a) That the use of the site be restricted to a business office only for physiotherapy, massage
therapy, athletic therapy and other health- and wellness- related professional services; a
bakery goods shop; a barber shop or beauty salon; a dwelling unit, subject to the condition
that the number of dwelling units permitted in a building shall not exceed the maximum
number of dwelling units permitted on a lot of the same area in the more restrictive adjoining
zone on any street on which the lot abuts; a personal service shop; and a photographer's
studio within the existing building.
b) That the site be developed in accordance with a detailed site plan, prepared by the developer
and subject to the approval of the Development Officer, indicating the location of all
buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas
and other site features, including those listed above. The approved site plan must be attached
to the building permit application for the development;
c) The vehicular access to the site meet the requirements of the Zoning Bylaw and be
acceptable to the Department of Municipal Operations and Engineering;
d) That the developer pave all access, manoeuvring and parking areas with asphalt and that
paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to
protect landscaped areas and to facilitate proper drainage;
e) That adequate site drainage facilities, including necessary catch basins, be provided by the
developer in accordance with a detailed drainage plan, prepared by the developer and subject
to the approval of the Chief City Engineer or his designate;
f) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading
areas be landscaped by the developer in accordance with the requirements of the Zoning
Bylaw. The landscaping must extend onto the City street right -of- -way to the edge of the
street curb /sidewalk; and
g) That all site improvements shown on the approved site and drainage plans be complete
within one year of building permit approval.
2. That Common Council deny the requested Section 39 amendments to remove the requirement
that all parking areas be paved with asphalt and enclosed with cast -in -place concrete curbs; and
to remove the requirement for a detailed drainage plan to be prepared by the applicant and
subject to the approval of the Chief City Engineer.
3. That the Planning Advisory Committee approve the requested variances to:
a) Reduce the minimum required landscaping in the front yard from 2 metres to approximately
0 metres for the existing paved parking lot on condition that a detailed landscaping plan
137
Kendra Jones
14 McLaughlin Crescent
Page 4
July 13, 2012
showing the location and species of additional landscaping beds and plantings be submitted
by the applicant within 2 weeks of Planning Advisory Committee approval, approved by the
Development Officer, and installed within 3 months of approval;
b) Reduce the minimum required landscaping between the existing paved parking area and the
property at 38 Barbara Crescent from 2 metres to approximately 1 metre on condition that a
board -on -board privacy fence be installed along the property line, with the finished side of
the fence facing the property at 38 Barbara Crescent within 3 months of Planning Advisory
Committee approval; and
c) Increase the maximum permitted signage from one facia sign with a total area of 0.6 square
metres to three facia signs with approximately 1.59 square metres of area
4. That the Planning Advisory Committee deny the requested variances for the gravel parking area
to the rear of the building to:
a) Reduce the minimum required landscaping in the front yard from 2 metres to approximately
0 metres;
b) Reduce the minimum required landscaping between a parking area for more than 5 vehicles
and an adjacent residential use from 2 metres with trees, shrubs, or hedges in a manner
designed to interfere with vehicle headlights shining across property lines, to approximately
0 metres without trees, shrubs or hedges; and
c) Increase the maximum permitted width of a commercial access from 9 metres to
approximately 13 metres.
5. That the Planning Advisory Committee gde gny the requested amendment to the conditions placed
upon a business office in the "B -1" Local Business Zone to:
a) Increase the hours of operation to between 8:00 a.m. and 8:00 p.m. every day from Monday
to Saturday.
6. That the Planning Advisory Committee impose no additional terms and conditions upon the
operation of the permitted health- and wellness - related business office uses.
BACKGROUND:
In January of 2009, Common Council amended the Municipal Plan designation and zoning of the
subject site to permit the establishment of the applicant's physiotherapy clinic in the former church
building, subject to the following Section 39 conditions:
a) That the use of the site be restricted to a business office, including physiotherapy, massage
therapy, athletic therapy and other health- and wellness- related professional services within the
existing building;
138
Kendra Jones
14 McLaughlin Crescent
Page 5
July 13, 2012
b) That the site be developed in accordance with a detailed site plan, prepared by the developer and
subject to the approval of the Development Officer, indicating the location of all buildings,
parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site
features, including those listed above. The approved site plan must be attached to the building
permit application for the development;
c) The vehicular access to the site meet the requirements of the Zoning Bylaw and be acceptable to
the Department of Municipal Operations and Engineering;
d) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved
areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect
landscaped areas and to facilitate proper drainage;
e) That adequate site drainage facilities, including necessary catch basins, be provided by the
developer in accordance with a detailed drainage plan, prepared by the developer and subject to
the approval of the Chief City Engineer or his designate;
f) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading
areas be landscaped by the developer in accordance with the requirements of the Zoning Bylaw.
The landscaping must extend onto the City street right -of -way to the edge of the street
curb /sidewalk; and
g) That all site improvements shown on the approved site and drainage plans be complete within
one year of building permit approval.
The Planning Advisory Committee also imposed the following terms and conditions upon a business
office in the "B -1" Local Business Zone:
a) That the hours of operation of the proposed wellness centre be restricted to: Monday from 9:00
a.m. to 7:00 p.m., Tuesday from 8:00 a.m. to 5:00 p.m., Wednesday from 9:00 a.m. to 7:00 p.m.,
Thursday from 8:00 a.m. to 7:00 p.m., and Friday from 9:00 a.m. to 5:00 a.m.
b) That any signage on the subject site not be backlit.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments regarding the proposed Section
39 amendment for 14 McLaughlin Crescent:
- The application indicates that there will be no changes to the existing site plan or servicing. If
any changes are proposed, this Department must be contacted for further review and approval;
- For any proposed use of the space, the owner must ensure that all discharge from the proposed
use is in compliance with the Water and Sewerage Bylaw; and
- The owner is responsible for obtaining all necessary permits.
139
Kendra Jones
14 McLaughlin Crescent
Page 6
July 13, 2012
Buildings and Inspection Services has noted that a Change of Use and/or Building Permit will be
required and necessary upgrades to meet Building Code standards will be addressed at that time.
Saint John Fire Department has no objection to this application based on compliance with National
Fire and Building Codes including, but not limited to the following conditions:
- Proper fire separation between occupancies;
- AC/DC emergency lights to be installed; and
- Approved, portable fire extinguishers to be installed.
An Emergency Fire Safety Plan must be submitted to the Saint John Fire Department, a copy of such
plan may be obtained from the Fire Prevention Division (call 658- 2962).
Saint John Transit provides extensive service along Westmorland Road in close proximity to this
location.
ANALYSIS:
Subject Site and Neighbourhood
The subject site is located at the corner of McLaughlin Crescent and Barbara Crescent in East Saint
John. The 1,470 square metre site currently contains a physiotherapy clinic in the former Saint John
Alliance Church building and two parking areas. The surrounding area contains primarily one- and two -
family dwellings, but there are several light industrial and multiple - family dwellings on Saint Catherine
Street and Westmorland Road.
Proposal
The applicant has requested that the Section 39 conditions on the site be amended to permit other
professional services not related to health and wellness services in the existing building. She has
indicated that this amendment would assist her in renting currently vacant areas of the building to other
small businesses. In particular, the application requested permission for uses such as a lawyer's office,
accountant's office or hair salon.
Municipal Plan Direction
The subject site is designated as a Stable Residential Area under the City's new Municipal Plan, adopted
by Council on January 30, 2012. The Plan recognizes that compatible non - residential uses, such as
convenience stores, home occupations, parks and community facilities can be permitted within this
designation, but that any change in land use is to reinforce the predominant community character and
make a positive contribution to the neighbourhood.
140
Kendra Jones Page 7
14 McLaughlin Crescent July 13, 2012
The subject site is in fairly close proximity to areas along Rothesay Avenue, Loch Lomond Road and
Westmorland Road designated by the Municipal Plan as Commercial Corridors. These areas are
intended to accommodate a diverse range of commercial, light industrial and community uses other than
large - format retail.
Zoning Bylaw and Section 39 Conditions
The subject site is currently zoned "B -1" Local Business with the aforementioned Section 39 conditions
restricting the use of the site to health- and wellness- related professional services. The `B -1" Local
Business Zone permits a range of commercial and service - oriented uses; however, the original
application requested only health- and wellness- related services and staff were of the opinion that other
uses permitted in the "B -1" Zone were not appropriate in this context. It should also be noted that a
business office, which is how the current physiotherapy clinic is defined, is a conditional use in the "B-
1" Zone.
Staff supported the appropriate re -use of a vacant institutional building as a wellness centre as the
proposed use was considered to be a quiet, low - intensity use with no off -site impacts for the surrounding
residential neighbourhood and the applicant indicated that significant site improvements would be made.
The potential impact of any new uses must be considered in relation to the surrounding neighbourhood
and the continued viability of other commercial and service - oriented areas of the City.
While the Municipal Plan is supportive of more mixed -use areas to allow for opportunities to live, work,
play and learn within a smaller area, non - residential uses in Stable Residential Areas should generally be
focused on meeting the daily needs of neighbourhood residents, rather than drawing non -local traffic
into the area. A greater range and intensity of mixed -uses are intended for the Intensification Areas,
rather than the Stable Residential Areas of the City.
In order to ensure the continued viability of existing Commercial Corridors and other Employment
Areas in the City, the dispersal of professional offices and retail uses into residential neighbourhoods is
generally discouraged by the Plan. Decentralizing these uses will over time weaken the existing
commercial cores and produce a cumulative impact on Stable Residential Areas from increasing
amounts of non -local traffic.
As previously noted, the staff recommendation to permit the wellness centre through a Municipal Plan
Amendment and Rezoning in 2009 was based upon the expectation that the use would not result in
negative impacts to the surrounding area:
"As the subject site and existing building can easily accommodate the proposed uses, and they
will be quiet, low- intensity, and have no off -site impact, the proposed wellness centre is
considered to be compatible with the surrounding residential neighbourhood "'
Any consideration to permit new uses on the subject site must consider both the potential impacts to the
neighbourhood and the Municipal Plan direction that non - residential uses in Stable Residential Areas be
1 January 9, 2009 Planning and Development Report to the Planning Advisory Committee regarding 14 McLaughlin
Crescent.
141
Kendra Jones Page 8
14 McLaughlin Crescent July 13, 2012
focussed on meeting the daily needs of residents. After analyzing the list of permitted uses in the "B -1"
Local Business Zone against these criteria, staff is of the opinion that the following list of uses could be
permitted in addition to the health- and wellness - related uses within the existing building:
a) Bakery goods shop;
b) Barber shop or beauty salon;
c) Dwelling unit, subject to the condition that the number of dwelling units permitted in a building
shall not exceed the maximum number of dwelling units permitted on a lot of the same area in
the more restrictive adjoining zone on any street on which the lot abuts;
d) Personal service shop; and
e) Photographer's studio.
Due to the non -local and non -daily nature of a business office, and the Municipal Plan direction that
these uses be clustered in existing employment areas, particularly in the Uptown Primary Centre, staff
recommend against permitting a business office on the subject site.
Site Development
The Section 39 Conditions imposed on the subject site in January of 2009 required a detailed site plan
and drainage plan to be submitted to the Development Officer and Chief City Engineer, respectively, for
approval prior to site development work that was to be completed with one year of building permit
approval (the Development Officer endorsed the Building Permit on April 27, 2009).
The Department of Municipal Operations and Engineering did not receive a detailed site plan or a
detailed drainage plan for approval.
The site plan originally submitted in conjunction with the Municipal Plan amendment and rezoning
application in January 2009 (labelled as January 2009 Site Plan) did not contain sufficient detail to meet
the requirements of the Section 39 Conditions or to determine conformity with Zoning Bylaw standards
and the applicant was asked to submit a more detailed plan.
The site plan submitted with the Building Permit application (labelled as April 2009 Site Plan) contained
additional detail regarding the dimensions of the parking area and details of the landscaping, signage and
lighting proposed for the site. The Development Officer approved this site plan with some notes
regarding development conditions and attached it to the Building Permit as a record of the site work to
be completed within one year of Permit approval.
As can be seen by the attached 2010 aerial photo of the site, it has not been developed in accordance
with the submitted and approved site plan. During discussions with the applicant regarding the current
application and site deficiencies, the applicant indicated that she was not aware of the April 2009 Site
Plan and that she believes it was submitted by her contractor without her knowledge. The applicant
submitted a revised site plan and letter of explanation on Thursday, July 12, 2012 and this has been
attached for the Committee's information.
In the attached letter from the applicant received on Thursday, July 12, 2012, the applicant indicates that
she is requesting that the site, as it is currently developed and used, be approved. However, the site does
142
Kendra Jones
14 McLaughlin Crescent
Page 9
July 13, 2012
not meet the requirements of the Zoning Bylaw or the Section 39 Conditions with regard to the
following issues:
a. The Zoning Bylaw requires that, where a front yard is provided in a Business Zone, up to the
first 2 metres adjacent to the street line must be landscaped. The paved parking area off Barbara
Crescent encroaches into this landscaping area on both the Barbara Crescent and McLaughlin
Crescent front yards. A variance would be required to permit this condition to continue.
b. The Zoning Bylaw requires that when a parking lot for more than five vehicles is developed on a
lot adjacent to an "R" zone, landscaping in the yards adjacent to the "R" zone shall be provided
to a width of 2 metres with trees, shrubs, or hedges in a manner designed to interfere with vehicle
headlights shining across property lines. The landscaped area between the paved parking area
and 38 Barbara Crescent is only 1 metre wide at the closest point and does not contain sufficient
shrubbery to block vehicle headlights shining onto the residential property. A variance would be
required to permit the paved parking area to remain within the required 2 metre setback and to
waive the requirement for a fence, trees, hedges or shrubs.
The Zoning Bylaw permits one facia sign for this site with a total area of 0.6 square metres. The
signs on the site currently total 1.59 square metres in area. A variance would be required to
permit these signs to remain on the building. As well, the applicant has indicated that there
would be additional signage added if she is successful in leasing the lower level of the building
to another business. This would necessitate an additional variance to further increase the
permitted sign area.
d. The Zoning Bylaw permits a maximum commercial access width of 9 metres for two -way
access. The driveway from McLaughlin Crescent into the gravel parking area is approximately
13 metres in width. A variance would be required to permit this driveway to remain as it is
currently developed.
The Section 39 Conditions require that all access, manoeuvring and parking areas must be paved
with asphalt and enclosed with continuous cast -in -place concrete curbs where necessary to
protect landscaped areas and facilitate proper drainage. The parking area to the rear of the
building with access from McLaughlin Crescent is not paved or curbed and a Section 39
amendment would be required to waive this requirement. The Department of Municipal
Operations and Engineering cannot determine where curbing is necessary in either parking area
to facilitate proper drainage without submission of the required detailed drainage plan. If the
gravel parking area were to be paved and curbed in compliance with the Section 39 Conditions, a
2 metre landscaping strip as noted above in (b) would be required.
In order for approval to be given for the site to continue as it is presently developed, the above noted
variances and Section 39 Amendments would have to be granted by the Planning Advisory Committee
and Common Council.
In addition, the applicant has requested that the condition restricting the hours of operation of the
physiotherapy clinic be extended to 8:00 a.m. to 8:00 p.m. every day between Monday and Saturday.
The hours are currently restricted to Monday from 9:00 a.m. to 7:00 p.m., Tuesday from 8:00 a.m. to
5:00 p.m., Wednesday from 9:00 a.m. to 7:00 p.m., Thursday from 8:00 a.m. to 7:00 p.m., and Friday
143
Kendra Jones Page 10
14 McLaughlin Crescent July 13, 2012
from 9:00 a.m. to 5:00 a.m. As a result, the proposed amendment would increase the hours of operation
on the site by a total of 24 hours each week.
The staff recommendation to permit the physiotherapy clinic through a Municipal Plan Amendment and
Rezoning in 2009 was based upon the expectation that the use would not result in negative impacts to
the surrounding area, and part of this expectation was based on the fact that
"the expected client traffic of approximately 45 people per day is not excessive, especially given
that it will occur during working hours when the residential use of the area will be at its lower
intensity "2
The newly proposed and extended hours of operation will increase the number of clients to the site and
also increase the potential for conflicts between the business and residential neighbours.
CONCLUSION:
The applicant has indicated in her application and discussions with Planning staff that the requested
amendments are necessary in order to rent a portion of the building at 14 McLaughlin Crescent as she is
"having trouble keeping up with some payments as a result, and it is becoming exceedingly difficult to
survive as a small business with our property taxation rate, high energy costs, and other upkeep to the
property, without alternate income" 3. She has also indicated to staff that some of the required
landscaping was not completed because of the unexpected expenses related to upgrading the building to
meet the National Fire Code standards.
While staff are sympathetic to these reasons and strive to support small business in Saint John, the
hardships or failure of a small business venture cannot be considered as an acceptable rationale for
failing to abide by Section 39 conditions placed upon a site, for proposing increased impacts to a
surrounding neighbourhood and for ignoring the directions of the new Municipal Plan intended to
increase the liveability and viability of the City as a whole. As a result, staff are unable to support the
majority of the requested amendments and variances.
Staff recommend approval of a Section 39 amendment to amend condition a) to read as follows:
a) That the use of the site be restricted to a business office only for physiotherapy, massage therapy,
athletic therapy and other health- and wellness - related professional services; a bakery goods
shop; a barber shop or beauty salon; a dwelling unit, subject to the condition that the number of
dwelling units permitted in a building shall not exceed the maximum number of dwelling units
permitted on a lot of the same area in the more restrictive adjoining zone on any street on which
the lot abuts; a personal service shop; and a photographer's studio within the existing building.
Staff recommend denial of the requested Section 39 amendments to remove the requirement for paving
and curbing of all parking areas and the submission of a detailed drainage plan as these are standard
expectations of commercial businesses within the City of Saint John.
2 January 9, 2009 Planning and Development Report to the Planning Advisory Committee regarding 14 McLaughlin
Crescent.
3 July 9, 2012 letter from Kendra S. Jones to Sarah Herring, received on July 12, 2012.
144
Kendra Jones Page 11
14 McLaughlin Crescent July 13, 2012
In recognition of the cost of removing pavement from an existing parking area, staff can support the
requested variances to:
a) Reduce the minimum required landscaping in the front yard from 2 metres to approximately 0
metres for the existing paved parking lot on condition that a detailed landscaping plan showing
the location and species of additional landscaping beds and plantings be submitted by the
applicant within 2 weeks of Planning Advisory Committee approval, approved by the
Development Officer, and installed within 3 months of approval;
b) Reduce the minimum required landscaping between the existing paved parking area and the
property at 38 Barbara Crescent from 2 metres to approximately 1 metre on condition that a
board -on -board privacy fence be installed along the property line, with the finished side of the
fence facing the property at 38 Barbara Crescent within 3 months of Planning Advisory
Committee approval;
As well, staff can support the requested variance to increase the maximum permitted signage from one
facia sign with a total area of 0.6 square metres to three facia signs with approximately 1.59 square
metres of area as the existing signage does not appear out of scale with the existing building and does
not appear to have caused any conflicts.
Staff recommend denial of the requested variances to increase the permitted width of a commercial
access and to reduce the minimum landscaped areas in the front yard and side yard of the gravel parking
area.
Staff also recommend denial of the proposed increase in hours of operation due to the potential for
increased land use conflicts between the commercial use of the subject site and the surrounding
residential neighbourhood.
SH
Project No. 12 -184
145
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Date: June 27, 2012
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07/1212912 13:22 6573303 PORT CITY PHYSIO PAGE 02/06
July 9, 2012
Dear Sarah Herring:
In accordance with the letter I received from the City of SJ Planning Department, I am
writing to explain the differences between the approved site plaza. the City has on file,
versus how the actual site of 14 McLaughlin Crescent currently exists, and what I am
proposing to badge the gap between the two.
As you know from our recent phone conversation, I had not seen the site plan you have
on file. It was submitted by gay builder with the permit application, and was not subject
to my approval or my kwowledge. I have included the site plan I had submitted with the
original rezoning application, so you can see what I thought to be the approved site plan,
with which the existing site is much more on par. The finished product ended up having
a few differences from this site plant, due to the information which l originally had
obtained regarding some of the areas I will outline below:
Parking:
We originally proposed 17 parking spaces in the front lot with the :measurements we
took, and the Spec measurements given for regulation parking. However, when the lot
was actually graded and fixed we were able to fit 14 with regulation sizes and turning
radius limits.
We originally proposed three parking spaces in the back staff lot, but after filling and
grading we were able to fat five spaces with diagonal parking.
Driveway:
There used to be an existing driveway ( as seen on the original site map and the builder's
site map) which we ended up taking out due to the precarious nature of the road seen
when we visited the site in the winter time during the rezoning process. There is a street
catch basin near where this driveway exited, and from the run off from Barbara Crescent
and McLaughlin Crescent coming into it, we :Doted an extreme build -up of ice which
made it difficult and dangerous to exit that driveway. Therefore, we opted the safer route
which also allowed for better parking in the front lot.
Back Parking Lot vs_ Landscaped Area:
As mentioned, I had no knowledge that the back parking lot I had proposed was approved
as a landscaped area. Therefore, we had the lot graded for proper drainage, and built up
with gravel to allow for staff parkfug, so we could maximize our front lot for customer
usage. The driveway is to specifications, and we have had no complaints or problems
with it.
Hedged Areas:
Our neighbor on Barbara Crescent has put in place his own cedar hedge for privacy. The
other bushes we had proposed had not been installed due to the cost of material and
labour, and we currently are seeking this rezoning application to help build our income.
150
07/12/2012 13:22 6573363 PORT CITY PHYSIO PAGE 03106
However,, since receiving this letter, I have had significant help in gaining materials and
labour to install some beautiful trees and bushes to help with privacy along the back
driveway, for our neighbour on McLaughlin Crescent, as well as continued with some
bushes, from the end of my neighbour's hedge on Barbara Crescent, with both
neighbours' verbal permission prior to installation.
Signage and Lighting:
These are appropriate as per site plan. The only changes that may occur with signage
would be if I am successful in leasing the lower level, there would need to be signage on
the building to indicate the existence of that business being present. The signage would
be kept similar to what exists for continuity and according to specifications (not backlit or
shining onto adjacent properties).
Hours of Operation:
I would also propose that the specific hours of operation day by day marked in "A", be
changed to 8:00 am to 8:00 prn Monday to Saturday as we are a very quiet operation, and
would have no ill effects on the neighborhood during these hours. This would also allow
for more opportunity for prospective inhabitants to not be turned away based on
restrictive hours.
I have included a revised site plan for approval that is very close to the original site plan I
submitted with my rezoning application. in 2008 before purchase of the building. I am
proposing this be approved as the site plan, as it has been very workable, I have had no
complaints from my neighbors, and in fact, have had several people in the neighborhood
coine to pare with comments of praise for the current coadition of the property and how 1
keep it well rnawi tained.
Included you will find the signatures of my immediate neighbours (as they are the only
owes I could get to in the short time for response) in support of our professional conduct
in the neighbourhood. Also, you will find a copy of the original proposed site plan and
the newly amended site glair as the site is today.
Sincerely,
*400
Kendra S. Jones
151
07/12/2012 13:22 6573303
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153
I&
07/1212012 13:22 6573303 PORT CITY PHYSIO PAGE 06!66
We here at Port City Professional Centre are interested in knowing your opinion.
We strive to conduct ourselves in a professional manner by being a positive
influence on our community. It is our outmost priority to be respectful and non -
disruptive of the day to day lifestyles of the people and families we share the
neighbourhood with. If you are in agreement that we strive to have a positive
presence, if you find the appearance of the building is esthetically pleasing, if you
believe our conduct is professional and essential to the growth, development and
well -being of our community then please sign below.
Name; Street and House No.
-S�'a tom/ S Yle
154
Planning
Advisory Committee
July 18, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Rezoning
1450 -1600 Sandy Point Road
City of Saint John
On June 4, 2012 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee tabled the
matter at its June 19, 2012 meeting pending a report from Staff regarding:
• the number of units currently committed to date in each of the
classification areas;
• the cost per kilometre to service public roads, and
• the definition of appropriate infill in stable residential areas.
Common Council held the Public Hearing for the rezoning application at their
meeting of July 3, 2012 but tabled first and second reading of the application
pending a report and recommendation from the Planning Advisory Committee on
the above -noted matters. The Committee considered the attached report at its July
17, 2012 meeting.
Mark Reade provided an overview of the report noting 390 units (excluding
Fundy Quay) have been approved by the Committee since the adoption of the
Municipal Plan and 212 of these units are outside of the Intensification Areas
established in the Plan. Staff have completed a more detailed review of existing
residential densities in the areas surrounding the proposed development and they
range from 0.55 units per net hectare to 9 units per net hectare, which are slightly
lower than the values provided in the July 13 Staff report. Staff also provided an
overview of the City's future maintenance costs that would result from the
development and the fiscal impact on a revenue and expenditure basis.
Staff responded to questions from the Committee related to tree clearing, the
fiscal impact review of the development and drainage.
Committee members expressed significant concern regarding the appropriateness
of the high -rise, multiple residential component of the development when taking
into context developments in the surrounding area.
The Committee requested clarification from the Developer's consultant, Mr.
Philip Kierstead regarding the necessity of the rezoning of the area from "RS -2"
One and Two Family Suburban Residential to "RM -2" High Rise Multiple
155
-2-
Residential. Mr. Keirstead indicated that the area to be rezoned to "RM -2" High Rise
Multiple Residential is crucial for the overall financial feasibility of the project from
the developer's perspective. Although the quantity of units required in this portion of
the development is uncertain at this time.
The Committee also received two letters expressing concerns about the proposal
following the June meeting. Copies of these letters are attached.
Following consideration of the report, letters and presentation, the Committee
adopted an amended staff recommendation with a change to condition (f) regarding
tree clearing. The was 5 to 2 in favour.
The Committee also provided a recommendation to Common Council regarding the
as- of- right, 9 -lot, single - family residential portion of the development. This
recommendation is provided via a separate letter.
RECOMMENDATION:
1. That Common Council rezone a parcel of land having an area of
approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also
identified as PID Numbers 55117071 and part of 55145544, 00050823,
55153332, 55151609, and 55145551, from "RS -2" One and Two Family
Suburban Residential to "RM -2" High Rise Multiple Residential and "TH"
Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed development of the parcel of land with an area of
approximately 8.9 hectares, located at 1450 -1600 Sandy Point Road, also
identified as PID Numbers 55117071 and part of 55145544, 00050823,
55153332, 55151609, and 55145551, be subject to a detailed agreement
including the following conditions:
a. Prior to any development of the site, the developer be required to
complete a Slope Stability Study to assess the suitability of the land
for construction of the proposed development, subject to approval by
the Chief Building Inspector or their designate;
b. Prior to any development of the site, the developer be required to
complete a Traffic Impact Study to determine if any improvements to
Sandy Point Road and/or the intersection of Sandy Point Road and
any future streets or any access points connecting the proposed
development to a public street will be required to facilitate full -build
out of the proposed development. The review must include slope and
topographic considerations and is subject to the approval by the Chief
City Engineer or his designate;
Any development of the site be in accordance with a detailed
engineering water and sewer analysis determining the impact of the
development on the existing infrastructure, and a detailed engineering
156
-3-
servicing plan for the approval of the Chief City Engineer or his
designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage
plan / report, prepared by the developer and subject to the approval of
the Chief City Engineer or his designate, prior to issuance of any
Building Permit(s). This report must also determine the impact this
development will have on the existing storm sewer infrastructure and
also to ensure that this proposal does not exceed the current capacity
of the existing storm system;
e. The developer must provide all utilities underground, including power
and telephone from the existing overhead facilities, as required in the
City of Saint John Subdivision Bylaw and that any costs to extend or
improve off -site infrastructure to serve the development be completed
at the developer's expense;
f. Prior to any development or deforestation of the site, no portion of the
site shall be developed except in accordance with detailed plans
including, but not limited to, a site plan, building elevations, a
landscape plan and a grading plan, all of which are to be prepared by
the proponent of the development and subject to the approval of
Common Council and incorporated into a Development Agreement,
as a statutory amendment to these conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple
Residential area of the site shall be completed within 5 years of the
date of the rezoning coming into effect. Should this not occur, no
further development of the "TH" Townhouse and "RM -2" High Rise
Multiple Residential area of the site shall be permitted and Council
shall take steps to immediately repeal the rezoning agreement and the
rezoning pursuant to Sections 39(5) and 39(6) of the Community
Planning Act and the land shall return to its previous zone; and
h. In accordance with Section 39(8) of the Community Planning Act, the
applicant shall provide a certified cheque in the amount of one
thousand dollars ($1,000.00) to cover expenses related to the
cancellation of the conditional rezoning agreement and/or repeal of
the rezoning in the event that the conditions attached to the rezoning
cannot be met, as per policy 1 -5 in the Municipal Plan. The certified
cheque shall be repayable on the substantial completion of the
development for which the rezoning is granted.
Respectfully submitted,
Eric Falkjar
Chairman
MR
Project No. 12 -126
157
Reade, Mark
From: Lockhart, Lynda
Sent: June -26 -12 3:20 PM
To: Forfar, Stacey, Reade, Mark
Subject: FW: New Fax From 506 693 9040 on 26/06/2012 3:18:38 PM
Attachments: Document.pdf
Lynda Lockhart
Growth & Development Services / Services de developpement et de croissance The City of Saint John
T: (506) 658 -2835
F: (506) 658 -2837
- - - -- Original Message---- -
From: faxadmin @saintjohn.ca [mailto:faxadmin @saintjohn.ca]
Sent: June -26 -12 3:19 PM
To: FAX - Planning
Subject: New Fax From 506 693 9040 on 26/06/2012 3:18:38 PM
New Fax Message
Recieved On: 26/06/2012 3:18:38 PM
Recieved From: 506 693 9040
Number of Pages:2
Please open the PDF attachment to view the Fax.
158
26- 06 -''12 '5;19 FROM- Whe . & Company
Via facsimile 658 -2837
Planning Advisory Committee
City of Saint John
Planning and Development
P. O. Box 1971
Saint John, NB E2L 41-1
Dear PAC Chairperson and Members-
506-693-9040 T -119 P0001/0002 F -302
Christianne Vachon - Horgan and
Stephen Horgan
946 Kennebecasis Drive
Saint John, NB E2K 5A$
Home Phone # 648 -9672
Office Phone # 634 -1193
June 26, 2012
Re: Rezoning and Subdivision — 1450 —1600 Sandy Point Road
From RS-2 One and Two Family Suburban Residential
To TH Townhouse and RM -2 High Rise Multiple Residential
We are writing further to the PAC meeting of June 19, 2012 in which a
decision on some aspects of the application were tabled.
Our primary concem, as expressed in our letter of June 12, 2012, is the
management of the storm water run off which will be created by the removal of
trees and other ground cover during the various phases of this development.
Our concern is that if there are no conditions imposed on the development
from the outset, together with financial security to implement these conditions if
the developer fails to do so, a storm water run off problem may be created from
the clearing of the property regardless of whether the development is completed
or not. This is because it is the land clearing, which is the first step in the
process that causes the problem not the later step of the building of houses.
The staff recommendation to PAC and input from Municipal Operations
and Engineering included in the staff report of June 15, 2012 clearly
acknowledged the storm water issue. We had requested at the PAC meeting
that the wording of recommendations 2(c), water and sewer infrastructure, and
2(d), detailed drainage plan, be amended so that these be dealt with prior to any
development of the site and not later, prior to any approval of a building pen-nit.
The "prior to any development of the site" wording was used in
recommendations 2(a) — Slope Stability Study, and 2(b) — Traffic Impact Study.
We feel that this wording should be used in the storm water management
conditions as well.
We believe that PAC and staff were supportive of our requests and it was
noted by PAC member Gerry Lowe and confirmed by staff that at present a
property owner can clear its land without municipal approval. We then requested
that a condition be imposed as a result of the application to address this issue if
possible.
159
26- 06 -'12 15 19 FROM- Vh6 & Company 506 - 693-9040 - -119 P0002/0002 F -302
-2-
During the PAC meeting of .tune 19, 2012, PAC member Mike Whelton
commented that he had visited the site and questioned staff if land clearing that
he had noticed off of Sandy Point Road across from the entrance to Harrigan
Lake was related to this development. Staff responded that they did not think it
was.
It appears to us that this land clearing referred to by Mr. Whelton is in fact
related to this proposed development and that it is in the vicinity of the proposed
Eagles Nest Way. This is an example of our concems. Land is cleared before
storm water management systems have been designed or their installation
guaranteed. It may be that the timing of the land clearing cannot be controlled
and the management of its consequences cannot be guaranteed under existing
legislation_ But if it can, we feel that it should be. Especially in a situation such
as this where there is a large steep area with an enormous amount of ground
cover. If the ground cover is removed under uncontrolled conditions it may well
be several years later, or never, before building permits are sought and control
systems are installed.
Who lives with the problem in the interim? The downhill property owners
and the adjacent roads, sidewalks etc. We are trying to prevent such a situation.
The comments from the owner's consultant about wet basements and rubber
boats does not provide much comfort. We don't have that situation now and
obviously don't want it in the future_
In our previous letter we made note of the location of the existing Gallant
residence and where it can be seen from the Kennebecasis Drive side of the hill.
The previous directions may have been a bit confusing for which we apologize. If
you go halfway dawn Brigadoon Terrace, as previously noted, and took up the hill
from the intersection of Brigadoon and Kennebecasis, you are actually looking at
the house at the End of Deerwood Place in the Kennebecasis Bay Subdivision.
The Gallant residence is to the right (west) of this and higher up the hill. If you go
to the end of Brigadoon and look up at the top of the hill, the Gallant residence is
clearly visible and its isolation among the existing tree cover can be seen.
160
JUN 2 9 2i"A2
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163
_( I
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DATE: JULY 13, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF JULY 17, 2012
PREPARED B///Y:
A / /
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT: Proposed Rezoning and Subdivision
1450 -1600 Sandy Point Road
The Planning Advisory Committee, at their meeting of June 19, 2012, tabled the rezoning portion of the
application pending a supplemental report addressing the following:
how the number of units proposed in the development relate to P1anSJ;
appropriate infiIl in stable residential areas; and
the cost per kilometer of roadway.
This report provides additional clarification to the Committee regarding the above issues.
Number of Proposed Units
The concept plan submitted with the development outlines the eventual development of approximately
92 estate residential lots, 56 townhouse units, and three multi -unit buildings. The current application
before the Committee includes:
• 9 estate residential lots (Existing Zoning: "RS -2" One and Two Family Suburban Residential,
Subdivision approval and variance required);
* 56 townhouse units (Rezoning required from "RS -2" One and Two Family Suburban Residential
to "TH" Townhouse); and
3 multi -unit buildings (Rezoning required from "RS -2" One and Two Family Suburban
Residential to "RM -2" High Rise Multiple Residential).
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada ELL 4L1 I wrww.saintjohn.ca C.P. 1471 Saint John, NA. Canada EA 4L1
164
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 2
1450 -1600 Sandy Point Road July 13, 2012
The Municipal Plan provides general guidance on where development will be located through the City
Structure and Future Land Use designations. With regard to the number of units developed over the
planning horizon to 2031, the intent of the Plan is to direct 95% of residential growth to the Primary
Development Area as follows:
• approximately 45% to Urban Neighbourhood Intensification Areas,
• approximately 40% to Suburban Neighbourhood Intensification Areas, and
• approximately 10% to Stable Areas.
Staff note that while the anticipated growth to 2031 is forecast at 5000 residential units, and the Growth
Strategy contained a land budget outlining a specific number of residential units in various areas
throughout the City (urban, suburban, rural, infill and committed developments), the above percentages
are only targets that not are "legally binding" from a Community Planning perspective and supersede
information contained in the Growth Strategy.
Policy I -19 requires Planning Staff to annually report to Council, the public, and key stakeholder groups
regarding progress towards achieving the goals of the Municipal Plan and to consider minor
amendments that do not involve substantive changes to the Plan. In addition to the monitoring and
review metrics outlined in the various chapters of the Plan, annual progress towards the above
residential development targets will be reviewed. The first annual report prepared by the Growth and
Development Services Department will be brought to Council in early 2013.
Since approval of the Municipal Plan in January 2012, the Planning Advisory Committee has approved a
maximum of 390 new residential units (excluding the Fundy Quay development on the former Coast
Guard Site) as detailed in Appendix A. Of these units, 386 are within the Primary Development Area
and 4 are outside the PDA. The location of these 390 units with respect to Intensification Areas is as
follows:
Inside Intensification Areas: up to 178 units (plus Fundy Quay)
0 110 in Suburban Neighbourhood Intensification Areas
0 68 in Urban Neighbourhood Intensification Areas
o Fundy Quay units will be in Primary Centre Intensification Areas
Outside Intensification Areas: up to 212 units
o all in Stable Areas
o 208 in Stable Residential
o 4 in Rural Residential.
Staff note that the majority of the dwelling units that are the subject of the current application
(townhouse and multiple -unit buildings) can only be permitted via a rezoning. Staff are recommending a
Section 39 condition imposing a five -year time limit on development. Such a time limit was an
initiative of the new Municipal Plan based on current Provincial Legislation with the intent to better
control the amount and location of developments that are approved. Staff also note that moving forward,
the number of approved units will be dynamic in that some approvals that have time limits attached to
them will expire along with tentative subdivision approvals.
165
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 3
1450 -1600 Sandy Point Road July 13, 2012
Appropriate infill in Stable Residential areas
The Stable Residential designation applies to serviced lands within the Primary Development Area
having the potential to accommodate additional development, at a scale and density consistent with the
surrounding context. While the surrounding area is mostly large lot residential, this new development
provides the opportunity to accommodate additional forms and density of residential development to
maximize past infrastructure investments in the area. Staff note that the accommodation of additional
forms and densities of development and maximizing existing infrastructure investments are key
foundations of the Municipal Plan.
Proposed net densities of the development, as outlined on the concept plan are provided in Table 1.0.
Table 1.0 - Density Assessment — Current Application
Component
Units
Net Area
Net Density
Estate Residential --- Phase 1
9
1.79 ha
5.02 units/ha
Townhouse
56
8.9 ha
25.75 units/ha
Multiple Unit (3@50)' 50)
150
Note:
1. 50 unit buildings assumed by staff for density assessment— no information provided by applicant.
The estate residential portion of the site would have a density of 5 units/hectare with the townhouse and
multiple unit areas of the site having a density of just less than 26 units/hectare. This provides for an
overall density of 20 units/hectare for the lands that are the subject of this application (215 units /10.69
ha). The Municipal Plan provides for minimum densities of 45 units /net hectare in medium to high
density residential areas and between 20 and 45 units /net hectare in low density residential areas.
While the proposed development can be considered low density, it is of a higher density than existing
developments along Sandy Point Road and Kennebecasis Drive which range from approximately 1.7
units/hectare to 12 units/hectare.
Policy LU -86 notes that the existing neighbourhood context and conformity with the Municipal Plan
goals will determine the suitability of the development proposal. As discussed above, the proposed
development, although at a higher density than surrounding developments, is in line with key
foundations of the Plan involving increased density, and a mix of density and residential dwelling forms.
Conditions attached to the rezoning will provide for high quality building designs and allow for issues
such as landscaping and stormwater management to be addressed. Based on Staff's evaluation of the
development in accordance with criteria outlined in the Plan regarding development in Stable
Residential Areas, Staff are of the opinion the development meets the intent of the Municipal Plan.
Costs per Kilometre of Road
Ongoing maintenance costs associated with the City's linear infrastructure (road and underground pipe
network) were reviewed over the course of preparing the City's new Municipal Plan. From this review it
was determined that current operating costs of roadway maintenance (i.e. such items as snow removal
and street cleaning) are $17,300/kilometre and piped infrastructure maintenance is $14,300/kilometre.1
This cost only pertains to roadway and piped infrastructure and does not include other city costs such as
Administrative Services, Parks and Recreation and Protective Services.
1 Hemson Consulting. February 2011. Fiscal Impact Analysis of P1anSJ.
166
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 4
1450 -1600 Sandy Point Road July 13, 2012
To gain a better return on these ongoing maintenance costs, the approach being taken by most
municipalities is to move towards a more efficient overall development pattern that provides a greater
density of development per kilometer of roadway. Through the process of creating the new Municipal
Plan, Saint John's situation on a length of roadway per resident basis was compared with other New
Brunswick centers as follows:
• Saint John
11.2 metres of roadway per resident
• Fredericton
8.5 metres of roadway per resident
Moncton
7.7 metres of roadway per resident.
As a comparison Vancouver has 5.5 metres of roadway per resident with Saskatoon and Toronto having
4.8 metres per resident and 2 metres per resident respectively
Fiscal Impact Analysis
Over the course of preparing the new Municipal Plan, the City retained Hemson Consulting to develop a
financial model that City Staff can use to estimate the fiscal impacts of new development proposals. The
model was used to review the fiscal impacts of the proposed development with the development broken
down into 3 sub areas:
9 single - family lots along Eagle's Nest Way that are along the single - loaded portion of street
(included in current application),
Area to be rezoned "TH" Townhouse and "RM -2" High Rise Multiple Residential (included in
current application), and
Future single family development area labeled as "Future Development" in the current
application. Should the developer choose to proceed with development in this area in the future a
Municipal Plan Amendment will be required.
9 Since - family lots along Eagle's Nest Way
As noted in the earlier Staff report, the developer will be responsible to build the public streets and
install the municipal servicing with the City then assuming all future costs for maintenance of the streets
and infrastructure. Due to the proposed layout of the single loaded street along Eagle's Nest Way, only
one side of the street provides tax revenue to offset these ongoing costs. The topography of the site
which results in larger lot frontages and fewer houses and lots per length of street reduces the density
which further reduces the future available revenue. On the initial section of Eagle's Nest Way the
proposed lot widths range from 33 -34 metres, with the corner lot having a frontage in excess of 60
metres. On average, this section of roadway provides approximately 3 lots per 100 metres of street. As
a comparison, denser forms of development with a double loaded street, such as that found in the "R -2"
One and Two Family Residential zone with lot widths of 18 -20 metres, would yield approximately 11
lots (almost three times the residential yield) per 100 metres of street.
The single loaded street generally provides half of the assessment per metre of street than would a
double loaded street. To determine the impact of a single loaded street, the City's fiscal impact model
was reviewed to determine an estimate of revenues and expenditures that would result from the
construction of the Phase 1 of the single family portion of the development. As the model assumes a
street with development on both sides, the resulting assessment values were reduced by a factor of two
167
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 5
1450 -1600 Sandy Point Road July 13, 2012
to account for the revenue generated by the single loaded street. From this analysis, if the 9 dwellings
each had an assessed value of $200,000 ongoing expenditures for the development would exceed
revenues by approximately $500. Increased assessment values of $300,000 and $ 500,000 per dwelling
provide net annual revenues of $7,503 and $23,563 respectively for the 9 single family dwellings.
The model is sensitive to the assessed value of the proposed dwelling units, however single family
dwelling assessments would have to be in the $ 250,000 to $ 300,000 range to begin to yield a net
positive impact for the City for this length of single loaded street with 9 dwelling units. In addition, all
nine units would have to be constructed to provide the level of net positive fiscal impact noted above.
It should be noted that should the City choose to fund infrastructure improvements to support the
development, this would increase the City's annual expenditures for a 15 -year period as the City's cost
of the infrastructure upgrades will be amortized over 15- years. For example a $500,000 capital
expenditure by the City will result in an additional cost to the City of $ 48,131 for the first 15 years of
the project, reducing any net positive fiscal impact to the City.
Area to be Rezoned to "TH" Townhouse and "RM -2" High Rise Multiple Residential
This area is proposed to contain 56 townhouse units and 3 multiple unit buildings. For the purposes of
the assessment, the townhouse units were assessed at $170,000 /unit and units in the multiple unit
buildings were assessed at $130,000 /unit. This area contains Tiffany Drive and two cul -de -sacs with the
cul -de -sacs having the potential to be private streets, which would reduce the City's on -going
maintenance costs. Two scenarios were evaluated as follows:
Scenario I - Tiffany Court as a Public Street, 2 cul -de -sacs as private streets
Annual Expenditures: $ 227,369
Annual Revenues: $ 518,010
Annual Surplus: $ 290,641
Scenario 2 — Tiffany Court and 2 cul -de -sacs as Public Streets
Annual Expenditures: $ 268,572
Annual Revenues: $ 518,010
Annual Surplus: $ 249,438
These values are for full build out of the area to be rezoned.
Future Development Area
Plans provided by the applicant show a total of 83 single family lots to be developed in the future,
including an existing residence. Using an assessed value of $ 190,000 per unit, which may be
conservative based on the intent expressed by the developer, this development will have a net positive
fiscal impact as follows:
Annual Expenditures: $149,966
Annual Revenues: $281,490
Annual Surplus: $131,524
The development of both the area contained in the current application and the future development area
will result in a net positive fiscal impact to the City when fully built out. However, factors such as the
.:
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 6
1450 -1600 Sandy Point Road July 13, 2012
rate of uptake in the development and the City's role in funding infrastructure improvements and
upgrades, should they be required, will affect the overall net fiscal impact to the City.
Conclusion
This report provides additional information as requested by the Committee at their June 19, 2012
meeting to clarify matters relating to the application. The Staff Recommendation as contained in the
earlier report on the application still stands with respect to the rezoning and subdivision.
Staff also note that aside from approving the variance for the 9 lots along Eagle's Nest Way, the
Committee did not provide a recommendation to council regarding the 9 lots to be developed along
Eagle's Nest Way.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land having an area of approximately 8.9 hectares,
located at 1450 -1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of
55145544, 00050823, 55153332, 55151609, and 55145551, from "RS -2" One and Two Family
Suburban Residential to "RM -2" High Rise Multiple Residential and 11TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of the parcel of land with an area of approximately 89 hectares, located at 1450-
1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of 55145544,
00050823, 55153332, 55151609, and 55145551, be subject to a detailed agreement including the
following conditions:
a. Prior to any development of the site, the developer be required to complete a Slope
Stability Study to assess the suitability of the land for construction of the proposed
development, subject to approval by the Chief Building Inspector or their designate;
b. Prior to any development of the site, the developer be required to complete a Traffic
Impact Study to determine if any improvements to Sandy Point Road and/or the
intersection of Sandy Point Road and any future streets or any access points connecting
the proposed development to a public street will be required to facilitate full -build out of
the proposed development. The review must include slope and topographic considerations
and is subject to the approval by the Chief City Engineer or his designate;
c. Any development of the site be in accordance with a detailed engineering water and sewer
analysis determining the impact of the development on the existing infrastructure, and a
detailed engineering servicing plan for the approval of the Chief City Engineer or his
designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage plan / report,
prepared by the developer and subject to the approval of the Chief City Engineer or his
designate, prior to issuance of any Building Permit(s). This report must also determine the
impact this development will have on the existing storm sewer infrastructure and also to
ensure that this proposal does not exceed the current capacity of the existing storm system;
169
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 7
1450 -1600 Sandy Point Road July 13, 2012
e. The developer must provide all utilities underground, including power and telephone from
the existing overhead facilities, as required in the City of Saint John Subdivision Bylaw
and that any costs to extend or improve off -site infrastructure to serve the development be
completed at the developer's expense;
f. Prior to any development of the site, no portion of the site shall be developed except in
accordance with detailed plans including, but not limited to, a site plan, building
elevations, a landscape plan and a grading plan, all of which are to be prepared by the
proponent of the development and subject to the approval of Common Council and
incorporated into a Development Agreement, as a statutory amendment to these
conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of
the site shall be completed within 5 years of the date of the rezoning coming into effect.
Should this not occur, no further development of the "TH" Townhouse and "RM -2" High
Rise Multiple Residential area of the site shall be permitted and Council shall take steps to
immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5)
and 39(6) of the Community Planning Act and the land shall return to its previous zone;
and
h. In accordance with Section 39(8) of the Community Planning Act, the applicant shall
provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover
expenses related to the cancellation of the conditional rezoning agreement and/or repeal of
the rezoning in the event that the conditions attached to the rezoning cannot be met, as per
policy I -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial
completion of the development for which the rezoning is granted.
3. That Common Council:
a. Table consideration of the submitted Eagles Nest Estates Subdivision -- Phase 1,
Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of
PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the
proposed public streets and any required municipal services easements and public utility
easements, until such time as a Slope Stability Study has been completed to the
satisfaction of the Chief Building Inspector, or their designate.
MR
Project No. 12 -126
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N M
BY -LAW NUMBER C.P.110-
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 nineteenth day of
December, A.D. 2005, 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 8.9 hectares, located at
1450 -1600 Sandy Point Road, also
identified as being PID No. 55117071 and
a portion of PID Nos. 00050823,
55153332, 55151609, 55145551 and
55145544, from "R -S2" One and Two
Family Suburban Residential to "TH"
Townhouse and "RM -2" High Rise
Multiple Residential
- 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. 2012
and signed by:
Mayor/Maire
ARRETE No C.P.110-
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune r6union du conseil
communal, The City of Saint John a
d6cr&6 ce qui suit :
Varret6 sur le zonage de The City
of Saint John, d6cr&6 le dix -neuf (19)
d6cembre 2005, est modie6 par:
1 La modification de 1'annexe <A »,
Carte de zonage de The City of Saint John,
permettant de modifier la d6signation d'une
parcelle de terrain d'une superficie
d'environ 8,9 hectares, situ6e au 1450-
1600, chemin Sandy Point, et portant le
NID 55117071, et kant aussi une partie des
NID 00050823, 55153332, 55151609,
55145551 et 55145544, de zone
r6sidentielle de banlieue — habitations
unifamiliales et bifamiliales « RS -2 » a
zone de maisons en rang6e a TH » et zone
de tours d'habitations a logements
multiples << RM -2
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du pr6sent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2012,
avec les signatures suivantes :
Common Clerk/Greffi6re communale
First Reading -
Premiere lecture
Second Reading -
Deuxi6me lecture
Third Reading -
Troisieme lecture
172
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 1450 -1600 SANDY POINT 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 in the
Council Chamber on Tuesday, July 3, 2012 at
7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 8.9 hectares, located at 1450 -1600
Sandy Point Road, also identified as being PID No.
55117071 and a portion of PID Nos. 00050823,
55153332, 55151609, 55145551 and 55145544,
from "RS -2" One and Two Family Suburban
Residential to "TH" Townhouse and "RM -2"
High Rise Multiple Residential, as illustrated
below.
(INSERT MAP)
REASON FOR CHANGE:
To permit a residential development consisting of
one and two - family dwellings, townhouses and
apartment buildings.
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 Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 1450 -1600, CHEMIN SANDY POINT
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'dtudier la modification
suivante a 1'arrete sur le zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du conseil le mardi 3 juillet
2012 a 19 h:
Rezonage d'une parcelle de terrain d'une superficie
d'environ 8,9 hectares, situ6e au 1450 -1600,
chemin Sandy Point, et portant le NID 55117071,
et etant aussi une partie des NID 00050823,
55153332, 55151609, 55145551 et 55145544, de
zone rdsidentielle de banlieue- habitations
unifamiliales et bifamiliales v RS -2 » a zone de
maisons en rangke « TH » et zone de tours
d'habitations a logements multiples «RM -2 »,
comme le montre la carte ci- dessous.
(INSERER LA CARTE)
RAISON DE LA MODIFICATION:
Permettre un am6nagement residentiel qui consiste
d'habitations unifamiliales et bifamiliales, de
maisons en rang6e et d'immeubles de residence.
Toute personae int6ress6e peut examiner le projet
de modification au bureau de la greffiere
communale ou au bureau de l'urbanisme et du
d6veloppement a Ph6tel 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 f6ri6s.
Veuillez faire parvenir vos objections au projet de
modification par ecrit a I'attention de ]a soussign6e
a Ph6te] de ville.
Si vous auriez besoin des services en frangais pour
une reunion de Conseil Communal, veuillez
contacter le bureau de la greffiere communale.
Elizabeth Gormley, Greffiere communale
658 -2862
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Planning
Advisory Committee
June 21, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Rezoning, Subdivision and Variance
1450 -1600 Sandy Point Road
City of Saint John
On May 30, 2012 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee considered
the attached report at its June 19, 2012 meeting.
Mr. Peter Kierstead, the applicant's representative, and the applicant, Dr. Darrell
Gallant, attended the meeting. Mr. Kierstead advised the Committee he had received
the staff report and the letters submitted from area residents and he had concerns with
staff recommendations 2(f) and 2(g). He then went through the applicant's proposal
and spoke to the challenging topography of the site and the expectation for a high
quality built form.
There were a total of eight letters in opposition to this proposal and one letter in
support that were received, copies of which are attached. There were five residents in
attendance that spoke in opposition to the application. The first area resident to speak
was Mr. David Weyman whom advised the Committee that he felt without the
assessment information for this proposed subdivision there was not enough
information to understand the impact on the tax base. He raised some questions for
the applicant including the potential built form and the impact this will have on the
tax base. He also expressed reservation with the high density being proposed on the
site.
The second resident to speak was Mr. Bruce Harrigan. His main concern was the
anticipated increase in traffic on Sandy Point Road and that there was no exit from
this subdivision onto Kennebecasis Drive. He also spoke of the steep grades on the
site and the risks this presented regarding access. Ms. Atsko Nose spoke following
Mr. Harrigan and advised the Committee that she does not have an objection to the
general idea of development on this site however she has concerns with the proposal
for high density residential uses on the property. Ms.Nose also identified an increase
in traffic on Sandy Point Road as a concern and identified existing undeveloped sites
in this area that have been cleared and then not built.
Ms. Joan Pearce then spoke in opposition to the proposal raising concerns with storm
water runoff and pesticide use that affects Harrigan Lake in Rockwood Park. Ms.
Pearce also advised that without additional information she could not support the
rezoning to multi -unit buildings. Mr. Stephen Horgan was the last resident to address
the Committee and advised that his main concern was with the storm water runoff
im
-2-
from the site having a negative impact on residents living adjacent to the property on
Kennebecasis Drive. He also advised that he wanted to see the wording in
recommendations 2(c) and 2(d) changed by removing "Building Permit(s)" and
replacing it with "development' ' and the addition of a condition to prevent the
developer from clear - cutting the site prior to the issuance of building permits for
development.
The applicant and the developer then addressed the PAC members once again
responding to the issues raised by residents. The developer advised that due to the
challenging site, the development is not viable without the higher density multi -unit
buildings and townhouse component. The developer also advised that he would like
to work with the City to design and construct a storm water management system on
Sandy Point Road that would address these concerns and that he would be looking to
cost share this part of the development.
PAC requested clarification regarding the intent for development in the Stable
Residential Area in the Plan. Staff advised that this was one of the larger undeveloped
areas of the City that was designated Stable Residential because it has been pre-
serviced with the required municipal infrastructure. From a planning perspective, this
site offered a blank slate in terms of built form and thus the flexibility to introduce
new and innovative forms of development. The Committee also asked for a density
measure for the proposal in which staff advised that without an understanding as to
the unit count for the multi -unit residential component, it was very difficult to
provide an estimate.
The Committee then chose to consider the matter in private for 15 minutes, when the
Committee returned, they advised they could not reach a consensus. The Committee
then put forward a motion to approve the requested variance as per staff
recommendation, table the requested rezoning and directed staff to provide
clarification to the Committee regarding:
• the number of units currently committed to date in each classification
area;
• the cost per kilometre to service public roads, and
• the definition of appropriate infill in stable residential areas.
A recommendation to Common Council regarding the vesting of the proposed public
streets and any required municipal services easements and public utility easements
was not provided.
RECOMMENDATION:
That the rezoning request be tabled.
Respectfully submitted,
Eric Falk ar
J
Chairman
NM
Project No. 12 -126
i•
_^mot
k �
l
DATE:
TO:
FROM:
FOR:
JUNE 15, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
MEETING OF JUNE 19, 2012
PREPARED "'l:
! i Y
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
Name of Applicant: Kierstead Quigley & Roberts Ltd.
Name of Owner: 504474 N.B Ltd.
Location: 1450 -1600 Sandy Point Road
PID: 55145544 and part of 55117071, 00050823, 55153332, 55151609,
and 55145551.
Municipal Plan: Stable Residential
Zoning: "RS -2" One and Two Family Suburban Residential
Proposal: Subdivision of nine residential lots and to rezone a portion of the
properties from "RS -2" One and Two Family Suburban Residential
to "RM -2" High Rise Multiple Residential and "TH" Townhouse
Type of Application: Rezoning, Subdivision, and a Variance to:
i. permit a subdivision plan, as per Section 21(4) of the
Subdivision Bylaw, where the slope of the land exceeds
20 %.
SAINT JOHN P.O. Box 1971 Saint John, N8 Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 41
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1450 -1600 Sandy Point Road June 15, 2012
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 Bylaw. Common Council will consider the
Committee's recommendation at a public hearing on Tuesday, July 3, 2012.
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and land for public purposes in conjunction with the subdivision
of land.
The Subdivision By -law authorizes the Committee to approve street names in conjunction with new
subdivisions.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning and Subdivision By -laws. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land having an area of approximately 8.9 hectares,
located at 1450 -1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of
55145544, 00050823, 55153332, 55151609, and 55145551, from "RS -2" One and Two Family
Suburban Residential to "RM -2" High Rise Multiple Residential and "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of the parcel of land with an area of approximately 8.9 hectares, located at 1450-
1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of 55145544,
00050823, 55153332, 55151609, and 55145551, be subject to a detailed agreement including the
following conditions:
a. Prior to any development of the site, the developer be required to complete a Slope
Stability Study to assess the suitability of the land for construction of the proposed
development, subject to approval by the Chief Building Inspector or their designate;
b. Prior to any development of the site, the developer be required to complete a Traffic
Impact Study to determine if any improvements to Sandy Point Road and/or the
intersection of Sandy Point Road and any future streets or any access points connecting
the proposed development to a public street will be required to facilitate full -build out of
the proposed development. The review must include slope and topographic considerations
and is subject to the approval by the Chief City Engineer or his designate;
c. Any development of the site be in accordance with a detailed engineering water and sewer
analysis determining the impact of the development on the existing infrastructure, and a
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Kierstead Quigley & Roberts Ltd. tor 504474 N.B Ltd.
1450 -1600 Sandy Point Road
Page 3
June 15, 2012
detailed engineering servicing plan for the approval of the Chief City Engineer or his
designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage plan / report,
prepared by the developer and subject to the approval of the Chief City Engineer or his
designate, prior to issuance of any Building Permit(s). This report must also determine the
impact this development will have on the existing storm sewer infrastructure and also to
ensure that this proposal does not exceed the current capacity of the existing storm system;
The developer must provide all utilities underground, including power and telephone from
the existing overhead facilities, as required in the City of Saint John Subdivision Bylaw
and that any costs to extend or improve off -site infrastructure to serve the development be
completed at the developer's expense;
f. Prior to any development of the site, no portion of the site shall be developed except in
accordance with detailed plans including, but not limited to, a site plan, building
elevations, a landscape plan and a grading plan, all of which are to be prepared by the
proponent of the development and subject to the approval of Common Council and
incorporated into a Development Agreement, as a statutory amendment to these
conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of
the site shall be completed within 5 years of the date of the rezoning coming into effect.
Should this not occur, no further development of the "TH" Townhouse and "RM -2" High
Rise Multiple Residential area of the site shall be permitted and Council shall take steps to
immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5)
and 39(6) of the Community Planning Act and the land shall return to its previous zone;
and
h. In accordance with Section 39(8) of the Community Planning Act, the applicant shall
provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover
expenses related to the cancellation of the conditional rezoning agreement and/or repeal of
the rezoning in the event that the conditions attached to the rezoning cannot be met, as per
policy I -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial
completion of the development for which the rezoning is granted.
3. That Common Council:
a. Table consideration of the submitted Eagles Nest Estates Subdivision — Phase 1,
Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of
PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the
proposed public streets and any required municipal services easements and public utility
easements, until such time as a Slope Stability Study has been completed to the
satisfaction of the Chief Building Inspector, or their designate.
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1450 -1600 Sandy Point Road June 15, 2012
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering have the following comments:
• Municipal water and sanitary sewer servicing is available from Sandy Point Road. However, all
grades and pressures must be verified by the developer's engineering consultant through the
submission of a servicing proposal to the City by the developer's engineering consultant for
review and approval.
• An engineering water and sewer analysis must be completed by the developer's engineering
consultant and submitted to the City for review and approval in order to determine the impact
this development (capacity requirements, peak flows, fire flows; etc.) will have on the existing
water and sewer infrastructure and also to ensure that this proposal does not exceed the current
capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will
be the responsibility of the developer. Detailed engineering plans must be submitted by the
developer's engineering consultant to the City prior to determining this.
• There will be water pressure issues at higher elevations — homes and buildings may require their
own private water booster systems.
• It is not clear from the proposal how the site will be serviced. Detailed engineering drawings
must be submitted by the developer's engineering consultant to the City for review and approval.
• Without any detailed information provided at this time, for instance, elevations, grades, etc., a
more detailed review of the project will be required by the City once the required information is
provided from the developer.
• Due to increased development, there will be water pressure limitations that will cause the
existing water pumping station to reach capacity. A future elevated storage tank on site likely
will be required.
• The developer's engineering consultant must provide a detailed storm water management
plan/report indicating how storm water collection and disposal will be handled. This
development will require a piped storm water system and not an open ditch system for storm
water conveyance. The developer's engineering consultant must provide a detailed storm water
management design plan/report indicating how storm water collection and disposal will be
handled. There is no piped storm system available on Sandy Point Road. The existing storm
drainage /ditch system along Sandy Point Road outlets to Harrigan Lake.
• The Subdivision By -law allows a maximum gradient of 10% for local streets. The National
Building Code speaks to Fire Department use for access on a roadway and that it shall have a
change of gradient not more than 1 in 12.5 (8 %). The average street grades are likely to be
approximately 10% - this is extremely steep. The proposal indicates that due to steep topography
of this hillside location, most of the streets are proposed as single loaded public streets. Single
loaded streets do not lend to maximizing density on a street thereby causing increased
operational expenditures. As well, with the proposed steep grades, operational efficiency
infrastructure (streets and piping) must be considered.
• There should not be any direct driveways provided onto Sandy Point Road but rather be
contained within the development site.
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1450 -1600 Sandy Point Road June 15, 2012
• The proposed street connections to Sandy Point Road must have suitable intersecting grades.
With the existing topography from Sandy Point Road onto the proposed streets, the grades must
be reduced from the streets to the approach with Sandy Point Road. With the proposed
alignment of where the streets will meet Sandy Point Road, there is not much distance before an
angle to incline. This must be designed to minimize the angle and the grade. The developer's
traffic engineering consultant must confirm that there are suitable site distances for the
intersection of the two streets with Sandy Point Road and that they are geometrically suitable.
• The proposed future development parcel, adjacent to Kennebecasis Properties Limited, proposes
two dead ended streets. This is not acceptable.
The proposed future development parcel, adjacent to Sandy Point Road, proposes two long cul-
de- sacs. These lengths exceed the By -law requirements. Also, a proposed cul -de -sac on both
ends of a proposed street and the close proximity of a cul -de -sac to the proposed local street
intersection is not acceptable.
Buildings and Inspection Services has no objection to this application.
Saint John Fire Department has no objection to this application, but given the scope of the project,
one and two family, townhouses and apartment buildings, a number of comments are relevant.
■ It is expected that the development of the road network and parking areas will adhere to both the
National Fire and Building Code standards. Section 3.2.5 of The National Building Code of
Canada makes particular reference to the Provisions for Firefighting. The stated provisions shall
be adhered.
• Fire Separations: Fire separation within the building units satisfy the requirements of Fire Walls
and Party Walls as addressed in Section 9. 10.11 of the National Building Code of Canada 1995.
Fire separation between buildings satisfies the requirements of section 9.10.14.11 & 9.10.14.12
of the National Building and Fire Code of Canada 1995 (as it relates to neighboring buildings).
• NFPA 13 Standards for Installation of Sprinkler Systems: The National Building and Fire Codes
provided direction with respect to adhering to the standards for the installation of sprinkler
systems; sprinkler systems are typically required for buildings greater than 3 storeys. Sprinkler
system and standpipe connection shall be review by the Saint John Fire Department prior to
actual placement on the facility. Prior to occupancy, Fire Alarm and Sprinkler System witnessed
test will be required by the Saint John Fire Department Fire Prevention Division.
■ Plans Review: The applicant is reminded that building plans need to be submitted to the
Technical Inspection Division of the Department of Public Safety.
Finally, the Saint John Fire department will reserve the right to review the development as it
progresses; nothing within this initial assessment precludes the Saint John Fire Department from
raising additional concerns or recommendations based on the state of the development at a future
date.
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1450 -1600 Sandy Point Road June 15, 2012
Saint John Transit operates Iimited service in this area of the City along Sandy Point Road via the
Millidgeville / North route.
Leisure Services has advised that the proposed Land for Public Purpose is not acceptable as it is not
useable to the community due to the steep grade of the property. The area is well served with LPP land
including Tucker Park Beach and Rockwood Park and as such, it is recommended that cash -in -lieu be
sought for Phase 1 of the subdivision.
Real Estate Services has been notified of this application.
Geographic Information Systems (Planning and Development) has stated the proposed public street
name of `Eagles Nest Way' in Phase 1 of the Eagles Nest Subdivision is unique enough and meets NB
9 -1 -1 criteria. This name has been reserved for this subdivision. If the developer proposes new public
street names in future phases of this subdivision, they must be submitted for review.
School District 8 has been notified of this application.
Saint John Energy has been notified of this application.
Bell Aliant has been notified of this application.
Rogers has been notified of this application.
Maritimes & Northeast Pipeline, Enbridgc Gas, and Brunswick Pipeline has stated this area is all
clear of their infrastructure.
BACKGROUND:
On September 9, 1999, Dr. Darrell Gallant made application to the City to amend the Municipal Plan to
permit the creation of four unserviced residential lots on part of the subject lands. The application was
not supported by staff as it was not in conformity with the Millidgeville Secondary Plan (no longer in
effect or force), which called for all new lots to be on full municipal services. At the time of this
application, municipal service extensions had not taken place in this area of the City. After the Public
Presentation period ended, Common Council at their meeting of November 8, 1999, chose not to
advance the application to the Planning Advisory Committee for a recommendation.
In March of 2000, the property owner inquired as to the potential to build a house on one of the two
large properties included in the subject area's land holdings. While the plan policies required full
services for new subdivisions, existing lots could be developed with onsite services. The size and
location of the division between the two lots, as well as the grades on the existing parcels made
construction difficult without an adjustment to the lot boundaries. As there were no new lots being
created, and each lot had the required area and frontage on a public street, approval was given by the
Development Officer. The following month, in April of 2000, a Building Permit was issued for a house,
with on -site services, located on the smaller of the two lots. The final subdivision plan was submitted for
approval and registration in September 2000.
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1450 -1600 Sandy Point Road June I5, 2012
It was in September of 2000, with the submission of the final subdivision plan by Hughes Surveys and
Consultants, the applicant proposed a new configuration for the boundaries of the two lots that had
received the lot boundary adjustment in the spring of 2000. The owner of the subject sites wanted to
create a separate lot for the home that was under construction and retain all of the remaining land as a
separate lot in his company name, with the intent to develop it into a subdivision in the future. In doing
this, the lot for his home would not front onto a public street anymore but would be accessed over a
private right -of -way on the large remnant parcel. As a result of this change, the application required
Planning Advisory Committee approval as was now proposed as a lot without frontage onto a public
street.
The intent behind this proposal was that when municipal services were extended through this part of the
City, allowing all future residential lots to be connected to municipal services as the Millidgeville
Secondary Plan required, the remnant lands could then be subdivided around the proposed private
access, as it was positioned to become part of the public street network serving the entire future
development, The Committee granted approval for the proposed private access based on this
understanding at the time of the application. They also required the owner to assume all responsibility
for the maintenance of this private access road until such time as it was converted into a public street.
In 2004 the property owner had preliminary discussions with City staff regarding the potential for a
future subdivision development on the remnant lands however there was no formal application received
for review or consideration. It was then in January of 2011, the property owner's representative
submitted another Tentative Plan of Subdivision for review and preliminary comments by City staff. A
formal application for the subdivision was subsequently submitted on March 31, 2011. Comments were
sent to the applicant in April of 2011 indicating the need for substantial revisions to the proposed
tentative plan of subdivision prior to a recommendation to proceed with any formal application. In
particular, the applicant was advised by City staff at this time of the new Municipal Plan that was being
prepared for the City and that conformity with the Plan would be required once it was approved by
Council.
Following the formal comments by City staff in April of 2011, the applicant submitted a revised
tentative plan of subdivision for a first phase of the development in May of 2011 as an amendment to the
original March 31, 2011 submission. This first phase proposed the creation of five residential lots along
a new public street, Eagles Nest Way. Over the next six to ten months, City staff met and corresponded
with the applicant's representative regarding this submission and in February of 2012, the application
from March 31, 2011 was returned to the applicant, as City staff had been advised that there was another
development concept being prepared for the site.
On February 14, 2012, a revised tentative subdivision plan was received by City staff from the applicant
that proposed the creation of 27 residential lots. Staff discussed the proposal with the client's
representative and advised that over half of the lots were in the Urban Reserve land use designation,
which would require a Plan Amendment to receive approval. On April 30, 2012, the applicant submitted
the application that is before the Committee, seeking to rezone parts of the subject site to "RM -2" High
Rise Multiple Residential and "TH" Townhouse and subdivide nine residential lots on a new public
street, proposed as Eagles Nest Way. All of the land being considered for subdivision or rezoning with
this application is within the Stable Residential designation.
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1450 -1600 Sandy Point Road June 15, 2012
ANALYSIS:
Subject Site
The subject site has a total developable area of approximately 33.5 hectares. Within this total area, Phase
1 of the proposed tentative plan of subdivision includes nine residential lots with a total area of
approximately 1.79 hectares. The area proposed to be rezoned "RM -2" High Rise Multiple Residential
and "TH" Townhouse is approximately 8.9 hectares. The subject site is located on the north -west side of
Sandy Point Road in the Millidgeville area of the City. It is located north -east of the University of New
Brunswick's Saint John campus and the Regional Hospital and north, north -west of the Rockwood Park
golf course at the top end of Rockwood Park. The property is undeveloped and remains in its natural
state, but for a private access road to a single residence, owned by a shareholder of the company that
owns the subject site.
Surrounding Area
In general, this area of the City is primarily undeveloped with some pockets of large lot residential
development located primarily along Kennebecasis Drive. The proposed subdivision site is bounded on
the north, north -east by existing single family residential development off of Deerwood Place and Sandy
Point Road and undeveloped City -owned Land for Public Purpose (LPP) land which is accessed from
Kennebecasis Drive. To the east, the property abuts Sandy Point Road with a few single family
dwellings and the Rockwood Park Golf Course. To the south of the subject site is primarily undeveloped
land, a few more single family residences and the Cranberry Hill estate development. To the south -west
of the subject site is primarily undeveloped land with some estate development off of Kennebecasis
Drive. Further south of this is the Regional Hospital/UNBSJ Campus.
Proposed Development
Proposed Subdivision
There are three different areas of the subject site being considered for an approval. The applicant has
applied for the land located in the most north, north -west corner of the site to be subdivided into nine
residential lots that would front onto the new public street proposed as Eagles Nest Way, accessed from
Sandy Point Road. This would constitute the first phase of the future subdivision that, according to the
submitted concept plan, would eventually support the development of approximately 92 estate
residential lots, 56 townhouse units, and three multi -unit buildings. Due to the grade of the property, this
first phase of residential lots is proposed to be on a single - loaded public street (a term which refers to a
fully serviced right -of -way with development only fronting on one side of the street). Many sections of
the future public streets throughout the proposed subdivision are also proposed as single- loaded public
streets. The applicant proposes that this area remain in the present "RS -2" One and Two Family
Suburban Residential zone.
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1450 -1600 Sandy Point Road June 15, 2012
Proposed Rezoning
South of the proposed future public street, Eagles Nest Way, the applicant has proposed the land be
rezoned from "RS -2" One and Two Family Suburban Residential to "RM -2" High Rise Multiple
Residential. This would permit the creation of multi -unit residential buildings that would be accessed
from a future public street below this. To the south of the lands proposed to be rezoned "RM -2" High
Rise Multiple Residential, the applicant has proposed the land to be rezoned from "RS -2" One and Two
Family Suburban Residential to "TH" Townhouse. Again, due to the grade of this property, most of the
future public streets proposed to serve the areas to be rezoned would be single - loaded.
There is insufficient information provided with respect to this proposed rezoning to sufficiently
understand what the applicant intends to develop in the future. There is also concern that due to the steep
slopes encountered in this area that, as with the proposed Phase 1 of the subdivision, the future multi-
unit buildings and townhouse units will be located on roads that are primarily single - loaded public
streets, which is not a sustainable investment in infrastructure and is thus, not in the best interests of the
City.
The developer will be responsible to build the public streets and install the municipal servicing;
however, the City then assumes all future operating and capital costs for maintenance of the streets and
municipal services infrastructure. These costs are significant because the proposed lots are very large in
size and lots on only one side of the street results in even less tax revenue to cover these operating and
capital costs. The proposed lots sizes range in width from 33 -34 metres, with corner lots having much
larger frontage, which is on average approximately 3 lots per 100 metres of frontage. In a standard "R-
2" One and Two Family Residential zone, 100 metres of frontage with lots widths of 18 -20 metres
would yield approximately 11 lots or almost three times the residential yield.
Municipal Plan
The applicant's entire property is within the Primary Development Area and is designated
approximately 50% Urban Reserve and 50% Stable Residential in the Municipal Plan. The portion of the
applicant's property being considered for subdivision and rezoning under this application is all within
the Stable Residential area. The Stable Residential designation describes lands within the Primary
Development Area which are serviced with municipal services and have the potential to accommodate
additional development, at a scale and density consistent with the surrounding context. In this instance,
municipal services have been extended along Sandy Point Road in recent years and thus, this area has
the potential to accommodate future residential development. Given the relatively undeveloped nature in
this area of the City, the opportunity is afforded to support a built -form that will yield higher - density
development than the area's typical large lot residential development. This will ensure the City's
investment in servicing infrastructure is maximized as this area is built -out in future decades. However,
the topography of this site is a limiting factor.
This subdivision proposes the building of new public streets, an investment that is discussed in Chapter
8 of the Municipal Plan. In particular, policy TM -38 speaks to the need to examine applications that
propose the development of new public streets, as this one does, to ensure that the proposed streets are
warranted. In this case, future public streets will be required to access any potential development on this
property, as there is no public road infrastructure on -site. However, the topography limits the ability to
create double- loaded public streets that connect to adjacent public streets outside of the proposed
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Kierstead Quigley & Roberts Ltd. tur 504474 N.B Ltd. Page 10
1450 -1600 Sandy Point Road June 15 2012
subdivision. Single - loaded streets are not a sustainable investment as they do not maximize the number
of residents fronting them and an isolated road network that is only accessed by future residents of the
development does not enhance the City's transportation network in this part of the City.
At full build out of this proposed development, approximately 3.4 kilometres of public roadway will be
built and will become the responsibility of the City of Saint John. Of this, approximately 1.4 kilometres
(or approximately 40 %) of the road is currently proposed as primarily single- Ioaded and the remainder is
proposed to be utilized to support low density, large lot residential development. With further detailed
design of the subdivision, it is anticipated that additional roadway in this subdivision will be required to
be single - loaded because of the grade of this property. The City has a very low population density which
directly affects the ability of the City to efficiently deliver services and enhance the quality of life for
residents. The proposal to build low density estate residential development does not conform to the type
of subdivision development that the City is supporting through the policies and direction in the
Municipal Plan as it does not support the efficient use of municipal infrastructure or the enhancement of
the public transportation network.
Chapter 12 of the Municipal Plan establishes the regulatory basis for the Plan and section 12.3 outlines
the policies to be considered by Council when reviewing development applications requiring their
approval. Policy I -2 describes the criteria that Council should have regard to when considering an
amendment to the Zoning Bylaw which includes consideration of the financial capacity of the City to
absorb costs related to the development and ensure efficient delivery of services. It also speaks to the
need to consider the site's suitability in terms of steepness of grade, soil and geological conditions, and
that the proposal satisfies the terms and conditions of Policy 1 -5, which speaks specifically to Council
establishing timeframes on the phasing and/or completion of development where it is determined that an
application to rezone land is speculative in nature.
This policy also proposes to put time limits on the rezoning in that if the development, or each phase of
the development, is not completed within five years from the date of the rezoning, Council can stop the
development and take steps repeal the rezoning pursuant to Section 39(5) and 39(6) of the New
Brunswick Community Planning Act and the land will revert to its last previous zoning designation.
Policy I -6 states clearly that Council may choose not to consider applications to rezone land for
development where Council deems that the development cannot reasonably be completed within ten
(10) years of the coming into force of the rezoning. To ensure the City's interests are protected for the
future, the recommendation for approval includes these provisions.
In this case, given the lack of detail provided by the applicant and the nature of the site, staff consider
this rezoning to be speculative in nature and have included in the recommendation for approval that the
rezoning be subject to a Development Agreement to control the ultimate development proposal on the
property through phasing and the required approval by Council of any proposed future site plan.
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1450 -1600 Sandy Point Road June 15, 2012
Zoning Bylaw
The property is currently zoned "RS -2" One and Two Family Suburban Residential in the Saint John
Zoning Bylaw. This zone standard provides generous lot sizes for single family and two family
residential dwellings. The proposed lots all meet the minimum requirements of the Zoning Bylaw
standards for this zone.
Subdivision Bylaw
General Layout
The nine lots proposed in Phase 1 of the Eagles Nest Estates Subdivision are large residential lots,
ranging in size from 0.13 hectares to 0.36 hectares in size. They are all proposed on the north side of the
future public street, Eagles Nest Way, due to the steep topography of the area, particularly south of this
proposed public street. This road is intended to provide access to future low density single family
residential lots that appear to be of similar size to those proposed in this first phase.
The steep grades of the subject site result in seven of the nine proposed residential lots having average
grades over 20 %, requiring that the Planning Advisory Committee consider whether or not this is an
appropriate place for residential development. The proposed public street network to serve the entire
future subdivision does not connect to any existing adjacent subdivisions which would provide greater
connectivity to the community; most of the streets will be single - loaded which is not efficient in terms
of utilizing infrastructure; the type of residential development proposed in this subdivision is the lowest
density of any serviced residential product; and there are real concerns with the potential road grades in
this subdivision being too steep to be acceptable for access by emergency vehicles, snow removal
vehicles, and garbage pick -up. Given the direction for growth and development in the City to be of a
more urban nature, and in particular, the need to ensure that new development maximizes infrastructure
investments, the proposal for large residential lots on primarily single - loaded public streets is not in the
best interests of the City.
The topography of the proposed subdivision requires that the Planning Advisory Committee specifically
approve the subdivision pursuant to Section 21(4) of the Subdivision Bylaw. Detailed phasing of the
development, should it be approved, will be determined when infrastructure capacities are reviewed at
the engineering design stage. Provision has been made for roadway linkages to the adjacent lands to the
south of the property and requirements for their construction and extension in future phases will be
components of the Subdivision Agreement entered into between the Developer and the City, however, it
should be noted that the adjacent lands are undeveloped and the majority of the land is designated Urban
Reserve. In the short to medium timeframe, it is not anticipated that the adjacent lands will be
developed, leaving this subdivision isolated from the larger community, and thus the required
infrastructure all being utilized by only future residents of this subdivision.
200
Kierstead Quigley & Roberts Ltd. tu. 504474 N.B Ltd. Page 12
1450 -1600 Sandy Point Road June 15, 2012
Variance
The variance required is applicable to seven of the proposed nine Iots in Phase 1: proposed lots 17 -F
through to Lot 23 -F. As per Section 21(4) of the Subdivision Bylaw, where the slope of the land of the
proposed lots exceed 20% the Committee's approval for the subdivision is required. In this instance, the
slope of the land of the proposed lots varies from approximately 23% to approximately 34 %. The steep
grades in this area lead to a requirement to double the minimum lot size for each lot in the RS -2 zone
which creates large residential lots. This results in a subdivision with very low density and the inability
to utilize municipal infrastructure efficiently as a result. For these reasons, it is not recommended that
this proposed Subdivision proceed unless the Slope Stability Study determines these slopes are stable
and suitable to support the proposed development.
It should also be noted that if Phase 1 of this proposed subdivision is approved, once the final survey has
been completed for each proposed lot, if the grade of proposed lot 24 -F, the smallest of the proposed
lots, ends up exceeding 20 %, it will also require a lot area variance under the Hillside Provisions of the
Subdivision Bylaw.
Proposed Land for Public Purpose
The Land for Public Purpose (LPP) requirement for Phase 1 of the proposed subdivision is 6% of the
total area of Phase 1, which equates to approximately 1,078 square metres. The applicant has proposed a
2,860 square metre block of LPP located to the rear of proposed lots 17 -F, 18 -F, and 19 -F, adjacent to an
existing block of LPP. The existing LPP is undeveloped and is difficult to access due to the steep
elevations over much of the property. The proposed block of LPP, although adjacent to the existing LPP,
has grades that exceed 50% on significant parts of the site making it very challenging to utilize. Leisure
Services and Planning and Development staff have discussed this and recommended that this land not be
accepted as LPP.
Given the proposed LPP's inaccessibility and the City's growing need to reinvest in LPP lands that are
useable to the community, it is recommended that cash -in -lieu for LPP be sought from the developer for
Phase 1 of this subdivision. This area of the community is well served with LPP including Tucker Park
Beach and Rockwood Park and thus future residents of this proposed development would not be denied
access to LPP by accepting cash -in -lieu for Phase 1.
Servicing and Access
The proposed subdivision will be required to be serviced with municipal water, sanitary sewer, storm
sewer, underground utilities and paved streets with curb and sidewalk in accordance with the
Subdivision Bylaw servicing standards. If the proposed subdivision is approved, the Subdivision Bylaw
will require the execution of a City/Developer Subdivision Agreement to ensure the required services
and facilities are provided. Detailed engineering plans and design reports, as described in the comments
provided by Municipal Operations and Engineering will be required for the approval of the Chief City
Engineer, with the finalized detailed engineering drawings attached to the Subdivision Agreement.
201
Kierstead Quigley & Roberts Ltd. tug 504474 N.B Ltd. Page 13
1450 -1600 Sandy Point Road June 15, 2012
Municipal Operations and Engineering note the applicant's engineering consultant must provide a
detailed Storm Water Management Plan and design brief indicating how storm water collection and
disposal will be handled. Verification of sanitary sewer capacity and water supply availability and
pressures will also be required. The development may require upgrades to existing infrastructure by the
developer and detailed engineering plans must be submitted prior to determining this. The developer
must design and construct, at their cost, the temporary gravel turn- around as required by Municipal
Operations and Engineering for Eagles Nest Way. This requirement will be incorporated into the
Subdivision Agreement that will be entered into by the City and Developer, should the proposal be
approved.
The Subdivision Bylaw allows a maximum gradient of 10% for local streets and the National Building
Code speaks to Fire Department use for access on a roadway having a change of gradient not more than
1 in 12.5 (8 %). The average street grades in this proposed subdivision are likely to be approximately
10 %, which is extremely steep. The proposal indicates that due to steep topography of this hillside
location, most of the streets are proposed as single loaded public streets. Single loaded streets do not
maximize density on a street which leads to an increase in operational expenditures for public services.
It should be noted that the proposed street connections to Sandy Point Road from this subdivision must
have suitable intersecting grades. With the existing topography from Sandy Point Road onto the
proposed streets, the grades must be reduced from the streets to the approach with Sandy Point Road.
With the proposed alignment of where the streets will meet Sandy Point Road, there is not much
distance before an angle to incline. As Municipal Operations and Engineering have outlined in their
comments, the applicant must design this intersection to minimize the angle and the grade. The
developer's traffic engineering consultant must confirm that there are suitable site distances for the
intersection of the two streets with Sandy Point Road and that they are geometrically suitable.
In terms of future street connections, the proposed future development parcel, adjacent to Kennebecasis
Properties Limited to the south -west, proposes two dead ended streets, something that is not acceptable
from a subdivision design perspective. The proposed future development parcel, adjacent to Sandy Point
Road, also proposes two long cul -de -sacs, both of which have proposed lengths that exceed the Bylaw
requirement. Furthermore, the proposal for a cul -de -sac on both ends of a proposed street and the close
proximity of the cul -de -sac to the proposed local street intersection is not acceptable from a
transportation design perspective. Future phases of this subdivision will require further redesign.
Street Names
The developer has provided the proposed street names, Eagles Nest Way for Phase 1. This name has
been reviewed by the Geographic Information Systems (GIS) division and it is recommended that this
name be accepted. It has been reserved for future use, pending approval.
202
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd. Page 14
1450 -1600 Sandy Point Road June 15, 2012
CONCLUSION:
The subject site is designated Stable Residential and the proposed lots can be serviced with municipal
services. However, the topography of the proposed subdivision is challenging and requires special
consideration by the Planning Advisory Committee due to the steep grades on -site. The topography also
requires that seven of the nine proposed lots in Phase 1 of the subdivision must double their minimum
lot size to create enough physical space for a future residential dwelling. This will create a subdivision
that is comprised of very low density residential development, most of which will front onto single -
loaded public streets that only serve the proposed subdivision and do not extend to adjacent residential
areas. This type of residential construction is not an efficient use of public infrastructure and should be
carefully considered prior to approval. Furthermore, due to the grade of the property, it is recommended
that the applicant have a qualified professional complete a Slope Stability Study to determine if the
slopes on -site are stable and suitable to development.
The area to be rezoned for high density multi -units and townhouses is also subject to steep grades on the
subject site. With the full build -out of this proposed area having the potential for upwards of 200
residential dwellings, requiring a Slope Stability Study and a Traffic Impact Study are reasonable
requests. Requiring such information as part of the decision making process is not uncommon in other
urban municipal jurisdictions across New Brunswick or other Provinces. Should these studies prove that
the slopes are stable and suitable to support such development, and the potential traffic implications and
road grades can be addressed, the recommendations propose that the subdivision then be brought
forward once again for consideration, and any proposed plans for the area to be rezoned be subject to the
approval of Common Council, as a statutory amendment with the requisite modifications to the
Development Agreement.
MR
Project No. 12 -126
203
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
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PID (s) /NIP(s):
Subject Site /site en question:
55117071
Portion of PID No's 00050823,
Location: 1450 -1600 Sandy Point Road
55153332, 55151609, 55145551,
and 55145544
Date: May 24 mai 2012
Scale /echelle: Not to scale /Pas a 1'echelle
204
�p
12.3 Development Approves
Chapter 3 of the Municipal Plan sets out policies on future land use in all areas
of the City and the planning approvals process for different categories of land use
and development. The Municipal Plan prescribes that certain types of development
be considered through rezoning, amendment to the Zoning Bylaw or through
a Conditional Use to support progressive development, until such time as a
neighbourhood plan or structure plan can be completed. In addition to the specific
policies elsewhere in the Municipal Plan, there are general criteria that should be
evaluated by the City in its consideration of planning applications.
Council shall:
Policy 1 -2 In considering amendments to the Zoning Bylaw or the imposition of terms and
conditions, in addition to all other criteria set out in the various policies of the
Municipal Plan, have regard for the following:
242
a. The proposa is in conformity with the goals, policies and intent of the Municipal
Plan and the requirements of all City bylaws;
b. The proposal is not premature or inappropriate by reason of:
I. Financial inability of the City to absorb costs related to development and ensure
efficient delivery of services, as determined through Policy 1 -7 and 1 -8;
ii. The adequacy of central wastewater or water services and storm drainage
measures;
4,
r
CITY OF SAINT JOHN MUNICIPAL PLAN
li
.
_
iii. Adequacy or proximity of school, recreation or other community facilities;
iv. Adequacy of road networks leading to or adjacent to the development; and
v. Potential for negative impacts to designated heritage buildings or areas.
c. Appropriate controls are placed on any proposed development where necessary to
reduce any conflict with adjacent land uses by reason of:
i. Type of use;
ii. Height, bulk or appearance and lot coverage of any proposed building;
iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to
and from the site;
iv. Parking;
v. Open storage;
vi. Signs; and
vii. Any other relevant matter of urban planning.
d. The proposed site is suitable in terms of steepness of grade, soil and geological
conditions, locations of watercourses, wetlands and susceptibility of flooding as
well as any other relevant environmental consideration;
e. The proposal satisfies the terms and conditions of Policy 1 -5 related to timeframes
and phasing of development; and
f. The proposal meets all necessary public health and safety considerations.
NIS
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209
CHAPTER TWELVE I IMPLEMENTATION 243
Given the age of the 1973 Municipal Plan, many situations exist where lands have
been individually rezoned for incompatible land uses. Over time the Municipal Plan
intends to encourage the transition of incompatible land uses to more appropriate
land uses. However, Council may, during the review of the Zoning Bylaw, establish
special provisions for major existing developments where significant investment has
been made.
Council may:
Policy 1 -3 Establish special provisions in the Zoning Bylaw to recognize major developments
in existence that do not conform to the Municipal Plan. Council should review these
provisions periodically in conjunction with comprehensive Municipal Plan reviews
referenced in Policy 1 -20.
�.3 _ i -'.' i' iS �i�f F. i�rc�f€ c F,� F lic� =t c�i';
At the time of the writing of the Municipal Plan, a significant number of
developments have been approved by Council over the past several decades, but
are not yet developed. When updating the Zoning Bylaw, Council will review these
previously approved developments to determine whether the property should
continue to be zoned to accommodate the proposed use.
244 7'i ;° i 'Sj CITY OF SAINT JOHN MUNICIPAL PLAN
210
Council shall:
Policy 1,4 Following the Municipal Plan's adoption and during the development of a new
Zoning Bylaw for the City, consider each committed development in relation to the
policies of the Municipal Plan to determine whether the property should continue to
be zoned to accommodate the intended use. Council shall review the Zoning Bylaw
periodically in conjunction with comprehensive Municipal Plan reviews referenced in
Policy 1 -20 to monitor the development status of these previously approved projects.
C
Council may:
Policy 1 -5 Establish timeframes on the phasing and /or completion of development where it is
determined that an application to rezone land is speculative in nature. In this case,
Council may require that the rezoning be subject to a Development Agreement which
may include provisions including, but not limited to the following:
a. That, in addition to any other securities or bonds Council considers appropriate
under section 39(8) of the New Brunswick Community Planning Act, the applicant
provide a certified cheque in the amount of $1000 to cover expenses relating
to the cancellation of the agreement and /or repeal of the rezoning. The $1000
security shall be repayable on completion of the development for which the
rezoning is granted;
Jk- 1i
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211
1
CHAPTER TWELVE IMPLEMENTATION 245
b. Should construction of the development (or in the case of a phased development,
the first phase of the development) not be completed within five (5) years from the
date the rezoning comes into effect;
i. No further development shall be permitted;
ii. Council shall immediately take steps to cancel the agreement and repeal
the rezoning pursuant to section 89(5) and 39(6) of the New Brunswick
Community Planning Act;
c. That upon repeal of the rezoning pursuant to section 39(5) and 39(6) of the New
Brunswick Community Planning Act, the land to which the agreement pertains
shall revert to its last previous zoning designation.
Council may:
Policy 1 -6 Choose not to consider applications to rezone land for development where Council
deems that the development cannot reasonably be completed within ten (10) years
of the coming into force of the rezoning.
The land use framework in the Municipal Plan is based on sound fiscal management
that targets future growth in areas where the City can efficiently provide municipal
services. As the Municipal Plan is implemented, Council will continue to evaluate the
fiscal implications of major new developments.
Council shall:
Policy 1 -7 Have regard for the fiscal implications of all planning applications that require
Council approval.
Council may:
Policy 1 -8 Require a comprehensive fiscal analysis to be undertaken by a qualified professional
at the developer's expense to assess the fiscal impacts of major development
projects as part of its considerations of planning applications. For the purposes of
Policy 1-8, major development is defined as development proposals comprising a
minimum of 50 residential housing units or more than 5000 square metres of new
non - residential building space or where any of the following conditions apply:
a. The potential fiscal impact deficit is likely to be greater than 0.5% of the City's
total tax levy as determined by the City;
246 1'rrf`' �S� CITY OF SAINT JOHN MUNICIPAL PLAN
212
b. The total value of additional assessment resulting from the development exceeds
$40 million; or
c. The proposal poses a major challenge to the directions or goals of the City's
Municipal Plan.
Council shall:
Policy 1 -9 When considering the fiscal impact analysis referenced in Policy 1-8, ensure that it
addresses the following:
a. An assessment of service costs including transportation and public transit, water,
wastewater, stormwater, police, and fire services;
b. The impact on operating and capital budgets, and the financial implications
related to the impact on the tax levy and utility rates;
c. The ability of the development to financially and technically provide for the
required servicing infrastructure in order to allow the development to proceed in a
timely manner; and
d. A qualitative assessment of other impacts and risks that might arise from the
development.
CHAPTER TWELVE i IMPLEMENTATION 247
213
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Atsko Nose and Dick Powell
1687 Sandy Point Road, Saint John, NB E2K SE8
Planning Advisory Committee,
City of Saint John Planning and Development
PO Box 1971
Saint John, NB E2L 4L1
June 18, 2011
Dear Members of the Planning Advisory Committee,
RE: 1450 -1600 Sandy Point Road, Rezoning and Subdivision Application
Thank you for the opportunity to express our views on this proposal. As we live across the
road from the subject site, we are concerned about this proposal. It is quite significant and
could change the scenery of our neighbourhood.
My husband and I do not object to the general idea of developing the land with single -
family homes and townhouses. However, we do have some concerns due to the lack of
information. As the staff report states, there is insufficient information provided with
respect to this proposed rezoning to sufficiently understand what the applicant intends to
develop in future.
Without study results on slope stability, traffic impact, water & sewer analysis and detailed
drainage plan, the proposal is too speculative.
As for the high -rise apartment buildings, we do object to the proposed rezoning to "RM-
2" (High Rise Multiple Residential
This neighbourhood has been characterized traditionally as low - density in a quiet setting.
High -rise apartment buildings will not fit the surrounding environment.
The challenging nature of Sandy Point Road with its heavy traffic load was brought up
numerous times by the area residents during the previous attempts to rezone the lands
south of Sandy Point Road. No solution has been presented by the City to this date.
With "RM -2 ", we could end up with three six -story apartment buildings suddenly added to
this quiet neighbourhood with the road that doesn't support the added traffic.
Also, the report only refers to the proposed apartment buildings as "three multi -unit
buildings ". Information such as size and height of each building, the total number of units
and parking lot plan are not provided. It would be helpful if those important factors were
made available to the public before considering rezoning.
1
229
We would also like to point out that, in 2008, a part of Arlington Crescent (near the corner
of Sandy Point Road and University Avenue, behind Cedarcrest Gardens) was rezoned to
"RM -2" to accommodate three high - density condo /apartment buildings. After clear- cutting
the large piece of land and the construction of several townhouses, the work there seems to
have stopped. The site now is devoid of trees, and looks like a gravel pit.
Arlington Crescent is already fitted with utilities, water & sewerage and sidewalks, and it is
close to a main bus route. We need to fill this development before allowing more apartment
buildings in this neighbourhood.
Yours truly,
Atsko Nose Dick Powell
230
2
18 June 2012
Planning & Advisory Committee
City of Saint John
Planning and Development
PO Box 1971
Saint John, NB E2L 4L1
Re: Proposed Rezoning & Subdivision -- 1450 -1600 Sandy Point Road
Dear Mr. Reade,
I am writing with respect to the above -noted application to the Planning and Advisory
Committee.
At the outset I would like to point out that, despite being the registered owner of one of the
properties closest to the proposed development (PIDs 55124605 and 38214977), 1 did not
receive notice of this application from your office. The application was brought to my attention
by a neighbour and this lack of notice causes me to question whether other affected property
owners may be unaware of the proposed zoning changes that could negatively impact their
properties. I trust you will look into this matter and put off any decision on rezoning until such
time as it can be determined that all affected property owners have been made aware of the
application.
That said I am writing to oppose the application to change the existing zoning for the above -
noted addresses from RS -2 (One and Two Family Suburban Residential) to TH (Townhouse)
and RM -2 (High Rise Multiple Residential). My reason for opposing the zoning changes is owing
to the impact that the applied -for land use will have on nearby properties in terms of the
overland flow of rainwater and snowmelt.
The drawings included in the package distributed by the Planning Department do not show the
substantial change in elevation between the above -noted properties, and the existing residential
properties on Deerwood Place, Kennebecasis Drive and Secoudon Drive. The southern edge of
the proposed townhouse development lies on the northeastern side of the high feature locally
known as Cranberry Hill, a feature that is more than 100 metres above sea level. Water and
snowmelt from this feature flows rapidly downhill to the north and northeast, across the existing
residential properties, before flowing into the sewer system or into the Kennebecasis River. At
the current time water flowing north collects at the southwest corner of PID 55124605 either
flowing along the western edge of my property, or along the southern edge of PID 55124605,
where it flows into the existing ditch -inlet catch -basin lying between my property and the
Chapovska /Mytropan property next door. During a typical spring the ground along the southern
edge of PID 55124605 remains sodden and unusable through to June, while the western edge
of the property is sodden and unusable through to July.
My concern with the application is that changing the zoning for the elevated properties will
increase the volume of water seeking egress across my property and that of my neighbours.
231
3
l +Ii' Sow
Re: Proposed Rezoning & Subdivision -- 1450 -1600 Sandy Point Road
Dear Mr. Reade,
I am writing with respect to the above -noted application to the Planning and Advisory
Committee.
At the outset I would like to point out that, despite being the registered owner of one of the
properties closest to the proposed development (PIDs 55124605 and 38214977), 1 did not
receive notice of this application from your office. The application was brought to my attention
by a neighbour and this lack of notice causes me to question whether other affected property
owners may be unaware of the proposed zoning changes that could negatively impact their
properties. I trust you will look into this matter and put off any decision on rezoning until such
time as it can be determined that all affected property owners have been made aware of the
application.
That said I am writing to oppose the application to change the existing zoning for the above -
noted addresses from RS -2 (One and Two Family Suburban Residential) to TH (Townhouse)
and RM -2 (High Rise Multiple Residential). My reason for opposing the zoning changes is owing
to the impact that the applied -for land use will have on nearby properties in terms of the
overland flow of rainwater and snowmelt.
The drawings included in the package distributed by the Planning Department do not show the
substantial change in elevation between the above -noted properties, and the existing residential
properties on Deerwood Place, Kennebecasis Drive and Secoudon Drive. The southern edge of
the proposed townhouse development lies on the northeastern side of the high feature locally
known as Cranberry Hill, a feature that is more than 100 metres above sea level. Water and
snowmelt from this feature flows rapidly downhill to the north and northeast, across the existing
residential properties, before flowing into the sewer system or into the Kennebecasis River. At
the current time water flowing north collects at the southwest corner of PID 55124605 either
flowing along the western edge of my property, or along the southern edge of PID 55124605,
where it flows into the existing ditch -inlet catch -basin lying between my property and the
Chapovska /Mytropan property next door. During a typical spring the ground along the southern
edge of PID 55124605 remains sodden and unusable through to June, while the western edge
of the property is sodden and unusable through to July.
My concern with the application is that changing the zoning for the elevated properties will
increase the volume of water seeking egress across my property and that of my neighbours.
231
3
Construction of apartment buildings and townhouses along Sandy Point Road will invariably
change the topography of the affected properties, and potentially increase the flow of water
moving down the hill to the south of my property. This likelihood is increased as the ground
adjacent to apartments and townhouses tends to get paved for use as parking lots (sheeting
water), rather than being sodded and turned into lawns (thereby collecting water) as generally
happens with single family homes – the currently approved use for the property, Moreover,
given that the most common manner for dealing with snow in apartment parking lots is to pile
snow on or adjacent to the property, allowing apartment buildings to be constructed on the
property would greatly increase the risk of properties at lower elevations being inundated by the
melted snow coming off these snow piles each spring. This is a substantial risk for those of us
living down the hill from the proposed development.
For the above reasons I ask the planning advisory committee to reject the application to rezone
the properties. In the event that the application is not rejected, the committee should hold off on
granting approval until such time as the applicant files a study demonstrating the impact that the
proposed development will have on the flow of water across properties at lower elevations; and
granting the affected property owners opportunity for comment on the study.
YO-G—rsttul
y
David Keenan
8 Deerwood Place
Saint John, NB F2K 5L1
Home: (506) 638 -0001
Mobile: (506) 333 -7244
232
19 Jun 12 03:14p Paul Cusack
5066369102 p.' -7
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19 Jun 12 03:14p Paul Cusack 5066369102 p.2
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19 Jun 12 03:14p Paul Cusack 5066369102 p.3
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16 Jun 12 01;08p Paul Cusack
May 31, 2012
1641 Sandy Point Rd
Saint John NB E2K SE8
Planning Advisory Committee
City of Saint John, Planning and Development
PO Box 1971
Saint John N8 E2L4L1
RE-.Rezoning and Subdivision
1450 -1600 Sandy Point Rd
Dear Sir/ Madams:
5066369102
We have received your notice dated May 28, 2012. We respond as follows.
it
2 ,F,�7.
We live on Sandy Point Rd between the golf course and the Zoo, directly across the street from the
proposed development and are thus directly affected by what is built there.
K4
The current plan involves having exits on Sandy Point Rd for approximately 140 residences, This
includes Townhouses and High -rise Multiple Residential. The problem, which is readily evident to all
who live on this road is that the traffic is already extremely heavy near the capacity of Sandy Point Road
for which it was never designed. Adding vehicles to the saturated road that already carries 38,000
vehicles per day we are told by officials, is asking for more trouble. Just getting on to the road from our
driveway now is difficult for most of the day and even the night
We would like to express our dise,aaroval with the plans to build exits on Sandy Point Rd. The road
simply is not safe for it especially given that the road has many new curves making entrance and exit
extremely dangerous.
The developer, Dr Gallant, was part of a neighbourhood group SPRNGwhich opposed multifamily family
residential development proposed by a different developer directly across the street from where
Gallant now wants to build the same density. What was the motivation This proposal from single family
housing neighbourhood to multifamily high -rise is the tip of the ice burgh. The Milledgeville
neighbourhood plan tails for sin le family residential only.
236
`7
'ex"I 1 01*11.1 . L/
--7
237
16 Jun 12 01:08p Paul Cusack 6066369102 p,2
We therefor ask that the plans for the collectors be changed to another area or otherwise stop the re-
zoning and subdivision altogether.
We are adamantly opposed to this development exiting on Sandy Point Rd. If you want to see for
yourself, come out to the zoo on a weekday morning and try to get out of the road to the ferry.
Sincerely
Donald and Eileen Cusack
1i
238
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239 I,
.. ........
240
Flecknell, Allian
From:
Marie Chapman <chapman,marie @gmail.com>
Sent:
June -07 -12 9 :57 AM
To:
External - Planning
Subject:
SANDY POINT ROAD
To whom it may concern:
I cannot believe 1450 -1600 Sandy Point Road, Saint John,N.B. is once more being advertised
for rezoning.
The idea of building in Rockwood Park is reprehensible!!! This matter was before Common
council for many months, and the boundary of Rockwood Park was legally drawn.
Surely, the citizens of Saint John will not have to fight 'unknown enemies' once again. The
unauthorized clearing at this address, should be cleaned up and trees planted to return it to
original state. Seems people think the lake nearby would draw people to the area to
live. Probably would, but this lake belongs to all citizens and should not be violated by some
selfish person who wishes to build houses, apartments, etc. inside Rockwood Park.
I am only one voice, 87 years old, but saw red when I saw the June 7 notice in Telegraph
Journal asking for rezoning.
I am sure citizens will gather once more and I will be with them.
I Hope this message reaches someone with authority, maybe Mayor and Councillors. Thank
Y014
Mrs. Marie Chapman, 40 Technology Drive, Saint John,
N.B. chapman.marie a(),Qmail.com
241
o
241
12- 06 -'12 12 31 FROM- Wheily & Company
Via facsimile 653-2537
Planning Advisory Committee
City of Saint John
Planning and Development
P. O. Box 1971
Saint John, NB E2L 4L1
Dear PAC Chairperson and Members:
506 - 693- -9040 T -069 P0001/0004 F -164
Christianne Vachon - Horgan and 3
Stephen Horgan
946 Kennebecasls Drive
Saint John, NB F2K ma
Home Phone (506) 648 -9572
Office Phone (506) 634.1193
June 12th, 2012
Re: Rezoning and Subdivision —1450 —1600 Sandy Point Road
From RS -2 One and Two Family Suburban Residential
To TH Townhouse and RM -2 High Rise Multiple Residential
Thank you for your letter of May 28, 2412, notifying us of the above noted
application to be heard by PAC on June 19, 2012.
We do not object to the proposed rezoning and subdivision in principle,
although we distinctly recall that the applicant previously expressed in the media
that it was against this type of development when it had been suggested by other
land owners on the southern side of Sandy Point Road. Dr. Gallant referred to
the proposed kind of development in very negative terms at that time.
We have some concerns which we hope will be taken seriously and
addressed before any development occurs.
Although we don't live on Sandy Point Road, we do travel that road almost
daily. The proposed development and the increased volume of traffic it will
generate would appear to require some road upgrading and the installation of a
traffic control device at the intersection of the development's access road with
Sandy Point Road. Also, downstream to the east at the intersection of Sandy
Point Road and Foster Thurston Drive (near the entrances to the Cherry Brook
Zoo, Rockwood Park and Fieldstone Estates Subdivision) the increased traffic
volume will need to be reviewed with respect to traffic control devices.
Any blasting required for this development would be a concern respecting
possible foundation damage. Pre -blast surveys should be done and provincial
blasting standards monitored and enforced.
242
12- 06 -'12 12:32 FROM- tihelly & Company 506- 693 -9040 r -065 P0002 /0004 F -164
Page 2
The most pressing concern we have by far is the need to control the water
run -off which will be created by the proposed development and any future
development as outlined on plans enclosed in the information you provided.
We have lived on Kennebecasis Drive for ten years and we love living
here. Our property is at the bottom of a high and steep hill. At present the water
run -off from the hill is significant, but manageable. Looking at our property from
Kennebecasis Drive, there is a very deep and wide rock cut to the left of our
property which extends quite a way up the hill. An astonishingly large volume of
water comes off the hill and pours down into a catch basin near Kennebecasis
Drive on the property next to ours. At times the City cleans out this Catch basin
when it becomes clogged with debris. The excess water flows straight out onto
Kennebecasis Drive when the catch basin is clogged.
The applicant owns six parcels of land, which make up the proposed and
future development site and which comprise 80 acres. The main parcel is PID
00050823 which is about 61 acres in area. The applicant also owns a vacant
building lot on the southern side of Kennebecasis Drive (PID 55052328) just to
the west on the other side of the street across from the ferry landing,
The proposed development appears to be mainly on the Sandy Point
Road side of the hill, however, there is at least a portion of it on the
Kennebecasis Drive side.
The best way we can suggest for you to appreciate the situation on the
ground as it relates to the Kennebecasis Drive side, is to go to Brigadoon
Terrace which is off the northern side of Kennebecasis Drive, just above the
Peninsula Princess ferry landing. Go about half way along Brigadoon Terrace
and turn around, then visually follow the line of Brigadoon Terrace back to where
it intersects with Kennebecasis Drive. Looking up to the top of the hill you will
see a house surrounded by trees which is the Gallant home shown on the
rezoning plans.
You can see from the rezoning plans that the proposed RM -2 portion of
the development extends northerly beyond the Gallant residence. This portion of
the proposed development would appear to require significant clearing on the
Kennebecasis Drive side of the hill.
Looking from Brigadoon Terrace you will also see that between the
top of the hill and Kennebecasis Drive there is virtually nothing but trees. You
also get a sense of the elevation drop between the top of the hill and
Kennebecasis Drive.
243
12- 06 -'12 12:32 FROM- Whelly & Company 506 - 693 -9040 T -069 P0003/0004 F -164
Page 3
The subdivision plan for the properties along Kennebecasis Drive, of
which ours is one, was created in the 1950's and is titied ,rorest Acres ". When
you look at the area from Brigadoon Terrace, you can certainly see why that
name was chosen.
Development of the land on the hill behind our property has been a
possibility for a long time as shown on the 1958 Forest Acres Subdivision Plan.
However, no development has actually occurred to date and this is probably in
part because of the challenges caused by development on such steep land.
Imagine over time the removal of the vast majority of the trees there, In
that case, serious water management problems will be created. The properties
which have the potential to be most impacted by water run -off are the twelve
properties along Kennebecasis Drive from the Mugglestone property to the east
(PID 00049107) to the Dysart property to the west (PID 00049304). This is
because these properties are the closest to the bottom of the hill. Our property is
one of these, PID 00049213.
We realize that actual development of the applicant's land directly behind
our property may be a few years away. However, we're convinced that strict
water run -off management and control systems must be put in place from the
start of any development on the hill, and that includes the proposed project.
Land clearing for the proposed development will have significant adverse impacts
on the downhill properties on Kennebecasis Drive and also on properties on
Deerwood Piece and other streets in the Kennebecasis Bay Subdivision
development, unless effective control systems are required and bonds are
posted to ensure that the work is done.
It seems likely that properties on Sandy Point Road, as well as the actual
road beds on Sandy Point Road and Kennebecasis Drive, will also be adversely
impacted if water run -off is not properly managed and contained.
Similar controls should be required for any tree clearing on the subject
property, which is 80 acres of heavily treed and steep terrain. Downstream water
problems have been caused by various developments elsewhere in the City over
the years. The extremely steep hill in this case magnifies the inherent risk. As
well, more frequent intense rain storms are making these problems much more
common and the consequences more severe.
244
12- 06 -'12 12:32 FROM- Whe ly & Company 506 - 693 -9040 T -069 P0004/0004 F -164
Page 4
The proposed project and any future development of the applicant's property
require the guaranteed installation of effective drainage control systems. Once
the land is cleared, these systems must be in place whether the actual building of
houses occurs at that time or later. The removal of trees and other groundcover
creates the problem. If not addressed, this situation will only cause future
problems for other property owners and tax payers in general.
If guaranteed proper water management and containment provisions are
attached as conditions to the proposed development then we do not oppose it. If
these conditions are not in place then we most certainly do oppose the proposed
development.
Thank you for your time and consideration,
Yours very truly,
Chr 4 ri Vachon - Horgan
Stephen Horg n
245
Al
/ ze
721
rl
-47
247
Z2
1�2
2012 June 07
Planning Advisory Committee
City of Saint John
Planning and Development
P.O. Box 1971
Saint John, NB, E21, 4L
Re: Rezoning and Subdivision
1450 -1600 Sandy Point Road
We appreciate the opportunity to express our view on this proposal.
We own the property situated at 1700 Sandy Point Road.
We are in favour and support the rezoning of the portion of lands indicated to TH, and the subdivision of
the 9 residential lots. We find this in keeping with the newly adopted Municipal Plan's policies for the
Stable Residential and Urban Reserve designations. We applaud the developer for this proposed new
urban growth near the UNBSJ Plateau / Regional Hospital Primary Centre.
We do, however, strongly object to any rezoning which would allow apartment -type buildings, such as
the proposed RM -2 zoning. It will not be at a scale and density consistent with the surrounding context.
Our observation on the overall proposal is that there is no apparent plan to retain the existing green space.
Given that this area is now predominately forest, we feel that a large percentage should be protected.
We would welcome any further discussions and input on this proposal.
Sincerely,
EJ
Malcolm Boyd, AANB
Ensemble Holdings Inc.
646 -9200
fug` �� �k
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REDLY
LY
W, tv'PF;If.,`
June 28, 2012
City of Saint John
Office of the Common Clerk
P.O. Box 1971, City Hall
Saint John, NB E2L 41-1
ATTN: Elizabeth Gormley
Dear Ms. Gormley:
122 CARLETON STREET
corner of Carleton and Coburg
SAINT JOHN, NEW BRUNSWICK
E21- 2Z7
TELEPHONE 506.634.1193
FACSIMILE 506.693.9040
RE: Rezoning and subdivision —1450 —1600 Sandy Point Road
From RS -2 Once and Two Family Suburban Residential to TH
Townhouse and RM -2 High Rise Multiple Residential
Council Meeting — July 3, 2012
We had forwarded this letter to the Planning Advisory Committee on
Tuesday, June 26, 2012. We received a voicemail message from Planning on
Thursday, June 28, 2012 advising that if we wanted this letter to be considered at
the July 3, 2012 meeting, we should deliver it to the Common Clerk's Office.
Yours very truly,
WH5UY &.Ck6MPANY
5// te7eF. Ho rgan
SFHlsfh
Encls.
JAMES A. WHELLY PROFESSIONAL CORPORATION
partner @nb.aibn.com
JAN E. PHILLIPS STEPHEN F. HORGAN JAMES VANDER WOUDE
jphillips @nb.aibn.com shorgan @nb.NYom jamesvwlaw @gmall.com
Christianne Vachon- Horgan and
Stephen Horgan
946 Kennebecasis Drive
Saint John, NB E2K 5A8
Home Phone # 648 -9672
Office Phone # 634 -1193
Via facsimile 658 -2837
June 26, 2012
Planning Advisory Committee
City of Saint John
Planning and Development
P. O. Box 1971
Saint John, NB E2L 41_1
Dear PAC Chairperson and Members:
Re: Rezoning and Subdivision —1450 —1600 Sandy Point Road
From RS -2 One and Two Family Suburban Residential
To TH Townhouse and RM -2 High Rise Multiple Residential
We are writing further to the PAC meeting of June 19, 2012 in which a
decision on some aspects of the application were tabled.
Our primary concern, as expressed in our letter of June 12, 2012, is the
management of the storm water run off which will be created by the removal of
trees and other ground cover during the various phases of this development.
Our concern is that if there are no conditions imposed on the development
from the outset, together with financial security to implement these conditions if
the developer fails to do so, a storm water run off problem may be created from
the clearing of the property regardless of whether the development is completed
or not. This is because it is the land clearing, which is the first step in the
process that causes the problem not the later step of the building of houses.
The staff recommendation to PAC and input from Municipal Operations
and Engineering included in the staff report of June 15, 2012 clearly
acknowledged the storm water issue. We had requested at the PAC meeting
that the wording of recommendations 2(c), water and sewer infrastructure, and
2(d), detailed drainage plan, be amended so that these be dealt with prior to any
development of the site and not later, prior to any approval of a building permit.
The "prior to any development of the site" wording was used in
recommendations 2(a) — Slope Stability Study, and 2(b) — Traffic Impact Study.
We feel that this wording should be used in the storm water management
conditions as well.
We believe that PAC and staff were supportive of our requests and it was
noted by PAC member Gerry Lowe and confirmed by staff that at present a
property owner can clear its land without municipal approval. We then requested
that a condition be imposed as a result of the application to address this issue if
possible.
250
-2-
During the PAC meeting of June 19, 2012, PAC member Mike Whelton
commented that he had visited the site and questioned staff if land clearing that
he had noticed off of Sandy Point Road across from the entrance to Harrigan
Lake was related to this development. Staff responded that they did not think it
was.
It appears to us that this land clearing referred to by Mr. Whelton is in fact
related to this proposed development and that it is in the vicinity of the proposed
Eagles Nest Way. This is an example of our concems. Land is cleared before
storm water management systems have been designed or their installation
guaranteed. It may be that the timing of the land clearing cannot be controlled
and the management of its consequences cannot be guaranteed under existing
legislation. But if it can, we feel that it should be. Especially in a situation such
as this where there is a large steep area with an enormous amount of ground
cover. If the ground cover is removed under uncontrolled conditions it may well
be several years later, or never, before building permits are sought and control
systems are installed.
Who lives with the problem in the interim? The downhill property owners
and the adjacent roads, sidewalks etc. We are trying to prevent such a situation.
The comments from the owner's consultant about wet basements and rubber
boots does not provide much comfort. We don't have that situation now and
obviously don't want it in the future.
In our previous letter we made note of the location of the existing Gallant
residence and where it can be seen from the Kennebecasis Drive side of the hill.
The previous directions may have been a bit confusing for which we apologize. If
you go halfway down Bdgadoon Terrace, as previously noted, and look up the hill
from the intersection of Brigadoon and Kennebecasis, you are actually looking at
the house at the end of Deerwood Place in the Kennebecasis Bay Subdivision.
The Gallant residence is to the right (west) of this and higher up the hill. If you go
to the end of Brigadoon and look up at the top of the hill, the Gallant residence is
clearly visible and its isolation among the existing tree cover can be seen.
251
J �
C : '
July 23, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Budget Process Study
Over the past few days Council has received many emails and phone calls by the citizens of Saint
John regarding their displeasure that Council has decided to spend money's exploring new budgeting
processes. It is my opinion that this new budgeting process will result in council allocating funds at
budget times, much more effectively and efficiently.
The question is: How do we accomplish this task using the very minimum of tax payers' dollars?
With regard to public input in this study, I propose the City do the pubic consultation all online with no
physical meetings. Presentation could be posted to social media sites and replies forwarded back to staff
or councillors. Those interested in the process could be informed via the media (TV, print media, radio,
and social media). Those persons that would like to be heard and have no access to the Internet could
be accommodated by the city placing a small computer bank, loaded with the presentation and an
email to respond to staff at the information kiosk on the mezzanine level of city hall. These simple yet
effective measures could save as much as $50,000.00 in costs.
Motion:
To direct staff to implement a public consultation process regarding the budget process study
to be done completely via the Internet instead of physical meetings.
Respectfully Submitted,
(Received via email)
David Merrithew, Councillor
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1
252
d!
July 23, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Traffic Calming Pilot Program for Douglas Avenue
I would like to request that Mr. Morgan Lanigan be allowed to present to Council regarding a
proposed traffic calming pilot program for Douglas Avenue.
Motion: Refer to Clerk for scheduling.
Respectfully Submitted,
(Received via email)
John MacKenzie, Councillor
City of Saint John
SAINT JOHN
--��
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4LI
253
July 18, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Job Descriptions /Duties & Responsibilities
The new Council's mandate is to foster a spirit of cooperation at City Hall which would be in the
best interest of all parties including the citizens, Councillors and staff. In order to perform my duties as a
Councillor I need to know what support is inherent in each of the positions and how we as a team can
support each other. I think it would be very helpful to have the job descriptions and /or scope of duties
for each of the four positions that report directly to Council. We need to evaluate what is currently
being done, how it is being done, who is responsible and accountable for the initiative and how Council's
authority fits into the whole process. We are all busy and I want to be as efficient and effective as
possible.
Motion: That Council receive job descriptions /duties and responsibilities for each of the four
positions that report directly to council
Respectfully Submitted,
(Received via email)
Donna Reardon, Councillor
City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21- 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 41-11
254
July 18, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Amalgamation of Agencies, Boards and Committees
It is my understanding that the City of Saint John has many different agencies, boards or
commissions. It is my opinion that some of these ABC's could be amalgamated to create efficiencies.
Also in my opinion the mandates of some of the ABC's overlap. I believe Council should start a process
of review and possible amalgamation of the City's ABC's. The first of these possible amalgamations
could be between the Transit commission and the Parking commission. I understand in this instance
that their respective boards work well together and even have a number of the same members serving
both boards. The first step would be to find out how it could be done.
Motion: To instruct the City Manager to determine the process and mechanics to join the two
boards (Transit and Parking) and to report back to Council those processes.
Respectfully Submitted,
(Received via email)
David Merrithew, Councillor
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1
255
July 24, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Ad Hoc Committee to Review Boards, Commissions and Committees
We had some discussion about reviewing our Boards, Commissions and Committees at our Council
meeting, July 23rd. 2012 in terms of mandate, purpose, etc.
This review would also make recommendations for Council's consideration:
• On purpose of each of our Boards, Commissions, and Committees to the operation of our city.
• Should term lengths be in place for appointees in order to offer more opportunities to others?
• Whether Member of Council appointments are for the term of Council or for same length of
term as citizens.
• To review and undertake the work already completed from the previous Council's motion.
The Chair of this committee will gather all the history /data for this review from the Common Clerk
and /or City Manager and present at first meeting of committee for efficiency.
Motion: I propose that we request that the Mayor set up a committee of three or four members of
Council (for short term) perhaps three months to review mandate and purpose of each of our Boards,
Commissions and Committees including list of present appointees and history of length of term
appointees have served.
Respectfully Submitted,
(Received via email)
Shirley McAlary, Councillor
City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
256
REPORT TO COMMON COUNCIL
24 July 2012
His Worship Mel Norton
and Fellow Members of Common Council
Your Worship and Councillors:
SUBJECT: Trade and Convention Centre Upgrades
ti's C�NEW
Tourism industry representatives have been actively lobbying for the refurbishment of the
Trade and Convention Centre. They continue to highlight the significant economic
spinoffs to the entire community of the Trade Centre and the potential for additional
business if the Centre is competitive in the market.
I understand that the facility is owned by the City and operated by Hilton on behalf of the
City under the terms of a contract. I think it is important that all of Council receive a
report on the City's roles and responsibilities regarding the TCC including — the general
terms of the contract, the current annual funding arrangement, the type of upgrades
required and the estimated capital investment.
This information will help bring Council up to date on this issue and may lead to some
ideas on how some or all of the project can be moved forward.
Recommendation
That the City Manager be directed to provide a report outlining the legal and financial
relationship between the City and Trade Centre and a summary of needed work and
related costs.
Respectfully submitted,
John MacKenzie
Councillor
257
pwipq
City Solicitors Office
Bureau de Pavocat municipal
The City of Saint john
(44)1--
SAINT JOHN
July 23, 2012
Committee of the Whole
of Common Council of
The City of Saint John
Mayor Norton and Committee Members:
Re: Amendment to the Traffic By -Law
King Street East On- Street Parking
At its meeting on July 3, 2012, Common Council resolved to proceed with
Option 1 as detailed in the report from the City Manager entitled King
Street East On- Street Parking, M &C 2092 -171. The by -law amendment is
intended to change the existing alternate side parking arrangement on
King St. East such that the alternate side parking restriction on those
designated portion of King Street East would only be in effect during the
period of Dec. 01 to March 31st every year, thereby allowing residents in
this area to park on both sides of the street between April 01 and
November 30th.
The attached amendment to the Traffic by -law will achieve the desired
result. Council may, if it wishes, give it first and second reading.
Respectfully Submitted,
/� � /Z" '("T
John at6ent
City Solicitor
Enclosure
P.O. Box 1971 Saint John, NB Canada E2L 41 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
258
BY -LAW NO.:
A LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS IN
THE CITY OF SAINT JOHN MADE UNDER
THE AUTHORITY OF THE MOTOR
VEHICLE ACT, 1973, AND AMENDMENTS
THERETO
ARRETE NO:
ARRETE MODIFIANT L'ARRETE RELATIF
A LA CIRCULATION DANS LES RUES
DANS THE CITY OF SAINT JOHN EDICTS
CONFORMEMENT A LA LOI SUR LES
VEHICULES A MOTEUR (1973) ET LES
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a d6cr&6 ce 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 19th day of
December, A.D. 2005, is hereby amended as
follows:
Par les pr6sentes, Parr&6 de The City of
Saint John intitul6 « Arr6t6 relatif a la circulation
dans les rues dans The City of Saint John 6dict6
conform6ment a la Loi sur les vehicules a moteur
(1973) et les modifications aff6rentes », d6cr6t6 le
19 d6cembre 2005, est modifi6 comme suit:
1 Section 16 is amended by adding the 1 L'article 16 est modifi6 par Padjonction de ce
following immediately after subsection 16(6): qui suit imm6diatement apres le paragraphe 16(6) :
"16(7) No person shall between the hours
of 00:01 of the first day of the month and
18:00 of the 150' day of the month from
December 1 to March 31, park a vehicle on
the even numbered side of a street that is
listed in Schedule "H -2."
"16(8) No person shall between the hours
of 00:01 of the 16th day of the month and
18:00 of the last day of the month from
December 1 to March 31, park a vehicle on
the odd numbered side of a street that is
listed in Schedule "H -2. ""
2 Schedule H -1 — Alternate Side Parking- is
amended by deleting the following words under the
following headings :
Street Limits
King Street East Carmarthen St. to
Wentworth St.
King Street East Pitt St. to the easterly end
of King Street East
16(7) Il est interdit a quiconque de
stationner un v6hicule a moteur entre Oh01
le premier jour du mois et 18 h le 15' jour
du mois, du premier d6cembre au 31 mars,
sur le c6t6 pair d'une rue inscrite a
Pannexe «H -2 ».
16(8) Il est interdit a quiconque de
stationner un v6hicule a moteur entre Oh01
le 16e jour du mois et 18 h le dernier jour
du mois, du premier d6cembre au 31 mars,
sur le c6t6 impair d'une rue inscrite a
I'annexe « H -2 ».
2 L'Annexe H -1 — Stationnement unilat6ral
altern6 — est modifi6e par la suppression des mots
suivants sous les titres suivants :
Rues Limites
rue King Est de la rue Carmarthen a
la rue Wentworth
rue King Est de la rue Pitt a
Pextr6mit6 est de la
rue King Est
259
3 Schedule H -1 — Alternate Side Parking- is
amended by adding the following words under the
following headings:
Street Limits
King Street East Crown St. to the easterly
end of King St. East
4 By adding the attached Schedule H -2 —
Alternate Side Parking, December 1 to March 31 —
immediately after Schedule H -1.
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. 2012 signed by:
Mayor /Maire
3 L'Annexe H -1 — Stationnement unilateral
alterne — est modifiee par Padjonction des mots
suivants sous les titres suivants :
Rues Limites
rue King Est de la rue Crown a
Fextremite est de la
rue King Est.
4 Par 1'adjonction de ]'Annexe H -2 —
Stationnement unilateral alterne, du premier
decembre an 31 mars — ci jointe immediatement
apres Pannexe H -1.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2012, avec les signatures
suivantes :
Common Clerk/greffiere communale
First Reading -
Premiere lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisieme lecture -
260
SCHEDULE H -2
ANNEXE H -2
ALTERNATE SIDE PARKING
STATIONNEMENT UNILAARAL
December 1 to March 31
ALTERNE
Du le' decembre au 31 mars
Street
Limits
Street
Limits
King St. East
Carmarthen St. to
rue King Est
de la rue Carmarthen a la rue
Wentworth St.
Wentworth
King St. East
Pitt St. to Crown St.
rue King Est
de la rue Pitt a la rue Crown
261
REPORT TO COMMON COUNCIL
M &C- 2012 -195
July 19, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Josselyn Road
BACKGROUND:
City of Saint John
At their meeting of December 19, 2011 Common Council requested that the City
Manager report back to Council on whether an interim connection to Josselyn
Road, such as a biking and walking path, would be more appropriate than the
proposed roadway extension required in association with the rezoning of the
adjacent lands at 1147 Loch Lomond Road. This interim connection would be in
place until such time as Josselyn Road can be upgraded to include sidewalks and
associated infrastructure. In addition, Common Council also requested that the
City Manager be directed to report on the cost of upgrading the existing portion of
Josselyn Road to the current municipal standard.
The Section 39 conditions associated with the 2011 rezoning of the adjacent
property at 1147 Loch Lomond Road require the following:
"The developer must complete, at his expense, the construction
of the proposed Public Street as well as the prolongation of
Josselyn Road from its present terminus to its intersection with
the proposed Public Street, within one year of occupancy of the
building. "
This condition was recommended by Staff and the Planning Advisory Committee
and adopted by Common Council to ensure that the development of this area
conforms to City by -laws and to improve the overall connectivity of the area by
providing an additional roadway access. This connection will improve safety for
residents of the area, including those residing on Josselyn Road, through
262
M &C- 2012 -195 -2- July 19, 2012
improved access for emergency vehicles. It will also improve the efficiency of
City solid waste collection and snow removal operations. Staff note Josselyn
Road is currently a dead end street which does not meet the current City standards
for cul -de -sac length.
ANALYSIS:
Josselyn Road terminates in a dead end without a proper turnaround and is the
only access for the 22 single - family dwellings located along its length and 2
dwellings accessed from Josselyn Court.
The existing roadway configuration is essentially a 430 metre long dead end,
exceeding the maximum permitted dead end roadway (cul -de -sac) lengths
established in the City's Subdivision by -law of 105 metres without a secondary
pedestrian or emergency access and 225 metres with an emergency access or
pedestrian walkway. The emergency access or pedestrian walkway required with
the 225 metre roadway length must have a clear travel width of 3 metres
providing access to an adjacent street.
In reviewing the applicability of the proposed biking or walking path, Staff
received input from Transportation and Environment Services and the Saint John
Fire Department regarding issues posed by the lack of street connectivity.
Solid Waste and Snow Removal Operations
Currently when collecting solid waste, collection vehicles must back along
Josselyn Drive to Josselyn Court, a distance of approximately 175 meters, where
the vehicles can execute a turning maneuver. The current configuration also poses
issues with turning around snow removal equipment and it is likely that increased
costs are being experienced as a smaller piece of snow removal equipment would
have to be sent to clear Josselyn Road in addition to the snow removal equipment
sent to other streets in the area. While the option exists to utilize private property
to turn Operations vehicles, this exposes the City to risk should damage, such as
damage from the plow blade or pavement deflection due to the weight of the
vehicle, occur to private property. These issues would not be rectified with the
provision of a pedestrian / bicycle access and require either a proper turnaround or
roadway connection.
Fire and Emergency Management Operations
Providing more than one point of access to an area allows for alternate routes for
emergency vehicles should the one access be blocked and provides alternate exit
routes should the need occur to evacuate the Public as the result of an emergency
incident. Staff also note that the National Building Code of Canada requires that
access for fire protection be provided with a turnaround facility for dead -end
portions of the route. Staff are of the opinion that with the proposed biking or
walking path, the issue of emergency access presented by a long dead -end street
263
M & C -2012 -195 - 3 - July l 9, 2012
with one -way in and one -way out would still exist. While a walking or cycling
trail could be used as an emergency access this would require the trail to be
designed and constructed with sufficient width and bearing capacity to withstand
the weight of an emergency vehicle, negating a portion of any expected cost
savings through this approach. In addition for this proposed linkage to function
adequately as an emergency access, winter maintenance would have to be
provided to ensure that this route is cleared to a sufficient width for emergency
vehicles.
Municipal Plan Policy
Throughout the process to create the City's new Municipal Plan, one of the key
issues raised by stakeholders was the lack of street connectivity in many areas of
the City where dead ends in the street network have existed for many years, either
through lack of development pressure or the requirement for street connections to
be constructed by the developer. Policy TM -8 of the City's new Municipal Plan
requires that the City endeavour to connect existing dead -end streets with new and
existing streets to improve the overall connectivity of the transportation system.
Residents Traffic Concerns
The potential for increased traffic on Josselyn Road as a result of its perceived
attractiveness as a "short cut" was also cited as a concern at the Planning
Advisory Committee meeting and Public Hearing.
The developer prepared a Traffic Impact Study for the development which
examined operations of the increased traffic resulting from the development and
the potential for vehicles to "short cut" through Josselyn Road. Key findings of
the study were:
The potential for traffic to use Josselyn Road as a shortcut is expected to
be low for most periods of the day given the increased travel distance and
time this routing (two additional left turns) would take. Delays on Loch
Lomond Road are not high enough that vehicles would benefit from a
reduction in travel time by using this diversion.
Staff note that the distance travelled by the shortcutting vehicles along the
proposed Public Street, Josselyn Road and Garnett Road would be
approximately 650 metres, compared to a distance of approximately 550
metres along Loch Lomond Road between the proposed Public Street and
Garnett Road intersections.
With the connection, traffic is estimated to increase by between 2 and 16
vehicles in the morning and afternoon peak hours and between 60 and 160
vehicles per day on Josselyn Road. Current estimated traffic volumes on
Josselyn Road are 200 vehicles per day. Post development traffic volumes
will be will within the expected range of traffic volumes for this type of
264
M & C - 2012 -195 - 4 - July 19, 2012
street (less than 1000 vehicles per day) as outlined in Transportation
Association of Canada guidelines.
The study also reviewed and provided a series of potential traffic calming
measures that could be implemented should short cutting occur.
Staff note, one of the key tenets of traffic calming is narrowing the travelled
portion of a roadway to reduce both traffic speed and traffic volume. The current
pavement width of Josselyn Road is less than the current City standard of 9.2
metres for an urban local street but generally consistent with the pavement width
for a rural road. Given this, it appears unlikely that traffic calming will be
warranted, as the narrow roadway further reduces the attractiveness of Josselyn
Road as a potential "short cut ".
Construction of a trail linkage for pedestrians and bicycle access may have the
undesired effect of illegal use by all- terrain vehicles which can be an issue with
active transportation infrastructure and result in noise impacts on the adjacent
community and subsequent calls for enforcement.
Cost
Staff have prepared a preliminary cost estimate to upgrade Josselyn Road from a
rural road to the current municipal standard. The existing street is 440m in length
with 7.9m wide asphalt paving (0.94 lane kilometres) and has a PCI (Pavement
Condition Index) of 61. The street has 320m of 200mm sanitary sewer and 40m of
200mm water main installed in 1977 which connects to Loch Lomond Road. The
remaining 300m of 150mm water main was installed in 1966 and connects to
Garnett Road.
An upgrade would require the installation of approx. 300metres of 300mm
diameter storm sewer and appurtenances, 880metres of concrete curb, 440 metres
of concrete sidewalk (north side) and asphalt pavement resurfacing, including
design and construction management services. The estimate for this work is
$650,000.
Effect of Section 39 Conditions
The developer of the proposed multiple unit building at 1147 Loch Lomond Road
(located to the west of the existing terminus of Josselyn Road) is bound by a
Section 39 condition imposed on the development by Common Council. This
Section 39 condition requires Josselyn Road to be extended from its current
terminus easterly to intersect with the Public Street to be construed in conjunction
with the proposed multiple unit building. To remove this condition would require
an amendment to the Section 39 conditions.
The requirement for the street ( Josselyn Road) to be extended is a specific
condition that was attached to the rezoning of the property for the proposed
senior's complex. This condition requires that Josselyn Road be extended from
265
M &C- 2012 -195 -5- July 19,2012
its present terminus to its intersection with the proposed Public Street (Eugene's
Way) by the developer within one year of the occupancy of the building.
This condition can only be removed through following the process outlined in the
Community Planning Act which is essentially the same as the rezoning process (a
minimum timeline of three months) and involves consideration by the Planning
Advisory Committee and a Public Hearing at Common Council.
Conclusion
The requirement that Josselyn Road be extended as a Public Street to intersect
with the new Public Street being constructed is in accordance with the City's
Municipal Plan and will provide improved operations for solid waste collection
and snow removal equipment in addition to improving emergency response.
These benefits cannot be offered by a pedestrian / bicycle connection.
Staff recommend that no changes be made to the requirement that the developer
extend Josselyn Road to intersect with the new street to be constructed from Loch
Lomond Road.
RECOMMENDATION:
That Common Council receive and file this report.
Respectfully submitted,
6?0-�r�rest, MCIP, RPP
Commissioner
Planning and Development
I � \' `, ),,3
atrick Woods, CGA
City Manager
MR
Project No. 11 -021
266
REPORT TO COMMON COUNCIL
M &C 2012 -198
July 23, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications
BACKGROUND
The City of Saint John
In 2011 and into 2012, an intensive structural review of the Lord Beaverbrook Rink (LBR) was completed to evaluate the
feasibility of an expansion of the ice surface to Olympic specifications. This review was to be the first phase of a multi -
phased evaluation which was also to include a review of architectural, mechanical, and electrical aspects of the
proposed project if it was so determined that the feasibility, from a structural standpoint, was within reason.
The structural assessment consisted of a review of the as -built drawings; review of reinforcing steel drawings; various
site reviews to observe and record existing conditions; limited non - destructive testing to confirm the existing
construction, specifically the reinforcing steel placement in structural concrete members; and completion of a limited
structural analysis.
The structural review and analysis revealed the following major concerns:
■ The building is supported on timber piles;
■ Concrete beams supporting the ice slab have inadequate structural capacity to support additional loads;
■ Many of the existing concrete structural elements have been cast as integral units, including the slab and beams.
Partial demolition of these members, which would be required, will dramatically reduce their structural
integrity. This is a critical concern;
■ The existing construction of the concrete beams and pile caps will not permit adequate load transfer if
reinforced to deal with their structural inadequacy;
■ Physical constraints make reinforcement of various concrete members with steel members extremely difficult;
and
■ The existing concrete beams and slabs are not adequate to support heavy construction equipment and /or
cranes.
It was estimated that the anticipated costs to address these structural concerns would be in excess of $1,500,000. In
addition to the costs associated with the structural modifications, it was estimated that architectural, mechanical, and
electrical requirements that would result from this project, could bring the total project cost into the $3,000,000 to
$3,500,000 range to realize the expansion of the ice surface to meet Olympic specifications. Again, this very preliminary
estimate was based on a limited understanding of what may be required from an architectural, mechanical, and
electrical standpoint.
267
Report to Common Council Page 2 of 4
Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications
At the April 23, 2012 meeting of Common Council it was resolved that: "the City Manager be directed to complete the
analysis and plans as required for the proposed expansion of the Lord Beaverbrook Arena to Olympic Sized Ice Surface"
(M &C 2012 -80).
ANALYSIS AND FINANCIAL CONSIDERATIONS
As directed by Common Council, the Facility Management Division of the City of Saint John engaged Murdock & Boyd
Architects Inc. to complete a detailed review of the architectural, mechanical, and electrical aspects of the proposed
expansion of the ice surface to meet Olympic specifications.
The existing ice surface at the Lord Beaverbrook Rink (LBR) is 190 feet long by 85 feet wide. An Olympic sized ice
surface, meeting the requirements of the International Ice Hockey Federation (IIHF), is 200 feet long by 98.5 feet wide.
Based on a review of the existing construction, the expansion would be most efficiently achieved by extension of the ice
surface to the north (i.e. towards Main Street) and to the west (i.e. towards Place 400). In doing this, various core
architectural, mechanical, and electrical issues and requirements would result, including:
■ The amount of spectator seating will be reduced by 50 %;
■ The available exterior parking will be reduced by 5 or 6 spaces to accommodate an exterior padmount
transformer and an exterior platform, with a ramp, required for the Zamboni;
■ Significant structural remediation will be required to remove bleachers and extend the arena concrete slab as
previously noted;
■ The existing electrical and refrigeration rooms will require reconfiguration and the concourse above will need to
be enlarged;
• The existing electrical system will need to be upgraded and modified, including a new transformer; distribution
equipment and wiring; additional lighting; relocation /modification of existing receptacles and public address
system; and connections associated with relocation /addition of new mechanical equipment; and
• The existing mechanical system will need to be upgraded and modified, including new brine pumps; new brine
headers and distribution piping (spliced into existing piping, which was replaced in 2009); and
• Relocation /modification of the existing sprinkler system, radiant tube heating, thermostats, and hot water
heating equipment; addition of a new dehumidification system, ventilation system, and associated controls; and
installation of a new trench drain.
Based on the findings of Murdock & Boyd Architects Inc., the opinion of probable construction cost to address the core
issues and requirements identified above to achieve an ice surface meeting Olympic specifications is approximately
$3,480,000 (excluding HST). This figure does not include soft costs that would be required for design, tendering,
contract administration, construction site review, and materials testing, which could amount to approximately 20 -25%
of the estimated construction cost. Further details on necessary work to expand the ice surface to meet Olympic
specifications can be found in the attached report dated July 13, 2012 prepared by Murdock & Boyd Architects Inc.
From a facility management standpoint, when evaluating the feasibility of expanding the ice surface of the LBR to meet
Olympic specifications, the following additional considerations should be made:
■ Impact on arena operations and programs resulting from a 6 -8 month construction schedule;
■ Over $400,000 was spent on upgrades to the existing electrical and mechanical systems between 2004 and
2006, some equipment of which would have to be modified by undertaking this project;
.:
Report to Common Council Page 3 of 4
Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications
• Over $230,000 was spent in 2005 to replace the arena boards, which would have to be moved and modified to
expand the ice surface;
• Over $500,000 was spent in 2009 to replace the ice slab and brine piping, which would have to spliced into if this
project was to move forward (this may result in future leaks of the system due to the splices);
• Over $40,000 has been spent on the investigation and analysis of this proposed project to date, including this
most recent study;
• Over the next S -10 years, an estimated total capital investment of over $4,000,000 will be required to sustain
the LBR's expected useful life given that the building is over 50 years old and major building systems are
approaching or have reached their expected useful life (e.g. roof, exterior elements, fire protection and alarm
systems, etc.);
• Significant capital investment will also be required within the next 5 -10 years to realize the expected useful life
of other City -owned arenas (i.e. Peter Murray, Hilton Belyea, Charles Gorman, and Stu Hurley), which is
estimated to be in the range of $7,500,000 for the four (4) arenas (not to mention other existing City -owned
facilities); and
• Additional operating costs that may result directly or indirectly (e.g. utilities, property tax, maintenance,
personnel costs, etc.).
Given the anticipated magnitude of the estimated capital costs associated with this proposed project (over $3,480,000),
the existing infrastructure deficit associated with other City -owned facilities, as well as other considerations noted
above, staff does not view the proposed expansion of the ice surface to Olympic specifications as a priority at this time.
In any case, if the proposed expansion of the ice surface to Olympic specifications was to move forward, a compelling
business case needs to be developed to support the associated expenditures, and outside funding should be secured.
INPUT FROM OTHER SOURCES
Staff from Leisure Services have reviewed the report dated July 13, 2012 prepared by Murdock & Boyd Architects Inc.,
and concur with the recommendations provided in this report.
RECOMMENDATION
Your City Manager recommends that Common Council:
1) Receive and file this report on the Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications
(M &C 2012 -198); and
2) Refer the report to the Leisure Services Advisory Board for comment.
Respectfull su itted,
Trevor L Gamblin, M.Sc.E., P.Eng,
Manager, Facility Management
269
Report to Common Council Page 4 of 4
Feasibility of Expansion of the LBR Ice Surface to meet Olympic Specifications
Gf egory J. Yebn rr,�aVs, CGA, MBA
Commissio nance and Administrative Services
Patrick Woods, CGA
City Manager
270
AV
SAINT JOHN
n
Murdock •Boyd
U u
�q C11114 CI•.
OLYMPIC ICE SURFACE ANALYSIS
Lord Beaverbrook Rink, Saint John NB
Murdock & Boyd Architects
2012 July 13
271
CONTENTS:
1. CONSULTANT TEAM
2. PREAMBLE
3. EXECUTIVE SUMMARY
4. ARCHITECTURAL REVIEW
4.1. OVERVIEW
4.2. SPECTATOR SEATING
4.3. SLAB EXTENSIONS
4.4. DEMOLITION
4.5. ZAMBONI ACCESS
4.6. REFRIGERATION AND ELECTRICAL ROOMS
Page
3
4
4
5
5. STRUCTURAL REVIEW (Previously submitted February 15, 2012) 7
6. MECHANICAL REVIEW
6.1. INTRODUCTION
6.2. REFRIGERATION SYSTEM COMPONENTS
6.2.1. CHILLER PACKAGE
6.2.2. REFRIGERATION COMPRESSOR
6.2.3. AIR COOLED CONDENSERS
6.2.4. CONDENSER WATER PUMPS
6.2.5. BRINE PUMPS
6.2.6. BRINE HEADERS AND DISTRIBUTION PIPING
6.3. ADDITIONAL MECHANICAL SYSTEMS
6.3.1. SPRINKLER SYSTEM
6.3.2. NATURAL GAS INFRA -RED (RADIANT) HEATER
6.3.3. HOT WATER HEATING SYSTEM
6.3.4. DEHUMIDIFICATION SYSTEMS
6.3.5. VENTILATION SYSTEMS
6.3.6. TRENCH DRAINS
6.3.7. EXISTING THERMOSTAT AND DISCONNECT
6.4. MECHANICAL SUMMARY
10
LBR - OLYMPIC ICE SURFACE ANALYSIS Page 1
272
7. ELECTRICAL REVIEW
7.1. STATEMENT OF AIM
7.2. BACKGROUND
7.2.1.
ELECTRICAL DISTRIBUTION
7.2.2.
WIRING DEVICES
7.2.3.
IDENTIFICATION & LABELING
7.2.4.
LIGHTING
7.2.5.
PUBLIC ADDRESS SYSTEM
7.2.6.
HEATING DEVICES
7.2.7.
MECHANICAL SYSTEMS
7.2.8.
FIRE ALARM
7.3. OBSERVATIONS AND RECOMMENDATIONS
7.3.1.
ELECTRICAL DISTRIBUTION
7.3.2.
WIRING DEVICES
7.3.3.
IDENTIFICATION & LABELING
7.3.4.
LIGHTING
7.3.5.
PUBLIC ADDRESS SYSTEM
7.3.6.
HEATING DEVICES
7.3.7.
MECHANICAL SYSTEMS
7.4. ELECTRICAL SUMMARY
8. ESTIMATE OF PROBABLE COST
9. APPENDICES
ASK -1
FLOOR PLANS
ASK -2
SPECTATOR SIGHTLINES
ASK -3
SPECTATOR SIGHTLINES
ASK -4
SPECTATOR SIGHTLINES
ASK -5
ZAMBONI ACCESS
ASK -6
ELECTRICAL & MECHANICAL ROOMS
ASK -7
BRINE PIPING
ASK -8
3D VIEW
ASK -9
3D VIEW
SK -1 REINFORCEMENT FOR GRADE BEAMS
13
20
23
LBR — OLYMPIC ICE SURFACE ANALYSIS Page 2
273
1. CONSULTANT TEAM:
ARCHITECTURAL REVIEW:
Malcolm Boyd, AANB
STRUCTURAL REVIEW:
Raine Lawrence, P.Eng
Murdock • Boyd
u u
�' C . *C CTI
Suite 200 • 50 King Street
Saint John • New Brunswick • Canada • E2L 1G4
R. A. LAWRENCE ENGINEERING LTD.
STRUCTURAL ENGINEERS
61 Union Street, Saint John, N. B. E2L 1A2
PEERLESS
MECHANICAL REVIEW: f ' CONSULTING
LTD
Dale Dorcas, CET
106 Hillsborough Road, Riverview, NB, E1 B 1 R3
, KS
ELECTRICAL REVIEW: E�
Tracey McDade, P.Eng 564 Prospect Street, Fredericton, NB E313 91VI3
LBR —OLYMPIC ICE SURFACE ANALYSIS Page 3
274
2. PREAMBLE:
The purpose of this study is to ascertain whether the Lord Beaverbrook Rink could be modified to
house an 'Olympic' sized ice surface. This is strictly an analytical study and we offer no opinions of
the merits.
The Lord Beaverbrook Rink in Saint John was constructed in 1960. Many minor renovations have
occurred over the years, but much of the original building and systems still exist. The existing ice
surface is approximately 190 feet long x 85 feet wide. (Standard NHL size is 200 feet long x 85 feet
wide)
International Ice Hockey Federation (IIHF) ice surface size (sometimes referred to as 'Olympic' sized)
is 200 feet long x 98.5 feet wide (30 meters).
So the question we have set out to answer in this report is: "What is involved if the lenoth of the ice
surface were to be extended by approximately 10 feet and the width extended by approximately 14
feet ?"
3. EXECUTIVE SUMMARY:
The content of this report provides the detailed information on the following core issues:
• The number of spectator seating could potentially be reduced by 50 %.
• Significant structural remediation is required to remove bleachers and extend the arena
concrete slab.
• The existing electrical and refrigeration rooms will require reconfiguration and the concourse
above will need to be enlarged.
• The existing electrical system will need to be upgraded and modified.
• The existing mechanical system was upgraded in 2004.
• It will be necessary to cut and splice existing refrigeration piping in the arena slab.
• The available parking would be reduced by 5 or 6 spaces to accommodate an exterior pad -
mount transformer and an exterior platform, with a ramp, required for the zamboni.
• The estimate of probable cost, in 2012 dollars, is approximately $3.5 million. (HST extra)
• The construction schedule is estimated to take 6 -8 months to complete.
LBR - OLYMPIC ICE SURFACE ANALYSIS Page 4
275
4. ARCHITECTURAL REVIEW
4.1 OVERVIEW
We have proposed that the increase in ice surface length, by approximately 10 feet, be
towards the east (Main Street) side of the building. The existing header trench is at the west
side. We have proposed that the increase in ice surface width, by approximately 14 feet, be
towards the north (Place 400) side of the building. The underside of the bleachers on the north
side is currently unfinished and used for storage. The upper and lower levels of the south side
house most of the building's infrastructure. (ref. ASK -1)
4.2 SPECTATOR SEATING (ref: ASK -2, ASK -3, ASK -4)
Much of the spectator seating would be virtually eliminated from the east and north sides if the
ice surface is increased in size. The existing angle of the bleachers is set for optimum viewing
for the current ice surface. Once 3 or 4 of the lower rows are removed, the view from any
remaining rows would be compromised. The first of any remaining rows would be above the
dasher board glass and deemed unsafe. The rows, other than the first row, would lose
sightlines to the ice surface, and would also pose safety concerns.
Increasing the height of glass could satisfy the safety concern, however it would not alleviate
poor sightlines from upper rows, and the glass dimensions would be physically prohibitive.
Increasing the height of the dasher boards and utilizing the standard glass height, would also
only satisfy safety concerns.
Mesh above the glass would require any spectator seating to be at least 2 feet beyond, thus
losing an additional row of seating, and again only satisfying safety concerns.
Eliminating the upper rows and moving lower rows with the dasher boards would satisfy the
safety concerns and sightline issues. However, proper fire exiting from these lower rows to
the upper concourse would require a significant number of stairways up, eliminating much of
the available space for seating. Further, in this scenario, new masonry walls would need to be
provided from arena level to the underside of the concourse perimeter, and new guard rails
would be required along the perimeter of the concourse.
4.3 SLAB EXTENSIONS (ref: ASK -7)
The additional refrigerated slab would run parallel to the existing slab along the north side and
`wrap' around the east end. To maintain similar temperature for the entire width of the arena
all the loops need to be of similar length. It will be necessary to cut the existing lines and
`extend' the loops by 10 feet. The new 14 foot parallel portion on the north side will have new
200 foot loops. Careful attention would be required for any mid slab connections.
LBR — OLYMPIC ICE SURFACE ANALYSIS Page 5
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4.4 DEMOLITION
It would be necessary to remove most of the raker beams and precast units on the north and
east sides. As mentioned in the Structural Review; "the limited capacity of the slab and beams
would not support high concentrated point loads. Removal of the bleacher may require
portable gantry cranes and carts ". Various concrete slabs require removal in and around the
header trench and refrigeration room.
North side and east side dasher boards and curb would need to be removed. It will also be
necessary to remove and relocate existing mechanical and electrical components to reflect
new configurations.
4.5 ZAMBONI ACCESS (ref: ASK -5)
The existing ramp from the ice surface to the exterior door is steep. Pushing the top of ramp
approximately 14 feet towards the exterior would create a much steeper slope. It would be
necessary to raise the floor elevation at the exterior wall approximately 2 feet. The existing
door is 12 feet high so a remaining opening of 10 feet should provide adequate clearance for
zamboni access. A new exterior platform and ramp would be necessary. A loss of some
parking spaces will be necessary.
4.6 REFRIGERATION AND ELECTRICAL ROOMS (ref: ASK -6)
The lowering of floor elevations in these rooms, the removal of the bleachers and the
subsequent closing -off the space with new masonry walls, will dictate that the resultant space,
housing the new and existing mechanical and electrical equipment, be reconfigured. If the
bleachers are removed, it may be necessary to extend the upper concourse over these rooms.
The exact configuration cannot be determined in this study.
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5. STRUCTURAL REVIEW: (Previously submitted February 15, 2012)
We have continued our investigation in order to identify the limitations of the existing structure and
how they may be rectified to accommodate the expansion of the ice surface.
In the initial report, the building was indicated to be supported on piles. Upon further review, the piles
have been identified as being wood; 10 to 12 inches in diameter at the butt.
Concerns were raised about the spacing of stirrups (shear reinforcement). The construction drawings
suggested the stirrup spacing at approximately 12 inches on centers. To be effective in a 16" deep
beam, the stirrup spacing could not exceed 6 1/2 ", (previously noted in error as being 9 "). Using the
Hilti Ferroscan Detector, the stirrups were confirmed to be at approximately 12" on centers. With a
spacing greater than 6 1/2 ", the stirrups are ineffective in resisting shear forces. Steel members
connected to the sides of the beams was considered a possible method of repair. See SK -1.
For the most part, the concrete beams under the bleachers are exposed. A slab having a thickness of
7" would be required to infill the voids between the beams. These slabs would be supported on 12"
deep channels, attached to the sides of the beams. See sketch SK -1. A 5" thick slab containing the
brine pipes would be cast on top of the structural slab.
Typical construction would have the pile caps cast first; with the grade beams bearing on top. In this
particular building, the grade beams and pile caps were cast as a single unit. With the steel reinforcing
members supporting the weight of the slabs, the loads must be transferred from the ends of the
channels to the piles. With the pile caps projecting beyond the sides of the beams, it is not possible to
apply the load directly to the piles. Instead, the load must be transferred through the ends of the
beams which have insufficient shear reinforcement. With the pile caps and grade beams cast as units,
it is not possible to effectively transfer the loads from the channels directly to the piles. Installing steel
plates above the existing beams will interfere with the brine pipes in the topping slabs.
In the end towards Main Street, the intermediate beams do not frame directly into the pile caps, but
rather into other girder beams. Both the intermediate and girder beams have inadequate shear
reinforcement. Any effort to reinforce the girder beams which support the existing slab on one side
and floor beams on the other side will be extremely difficult.
Both the ramp for the Zamboni and the compressor room are located near the Southwest corner. With
the ice expansion, major alterations will be required within this area.
A portion of the compressor room will become ice surface. It will be necessary to relocate some of the
mechanical equipment and enlarge the room. Presently, the floor of the compressor room is at the
same level as the ice surface. Removal of the slab within this area will be required in order to install
brine piping. The slab and beams within this area appear to have been cast as integral units. With the
demolition of the slab, the top portions of the beams would also be removed, thus destroying the
integrity of the members.
Outside the compressor room, in an area between the bleachers and arena boards, the floor
construction is similar to that of the compressor room. Similar construction is also evident in and
around the Zamboni exit ramp.
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Removal of the existing slabs will be imperative in order to install the required piping. Like the
compressor room, the integrity of the floor beam will be greatly affected with the removal of the slab.
At the base of the rigid frames, (every 2nd beam), concrete beams with additional tension
reinforcement extend across the width of the building. Any alteration in and around these members
should be minimal so as not to affect the overall structural integrity of the entire building.
The construction drawings indicate a concrete base under the perimeter boards; with the top, level
with the ice surface. The drawings indicate the projecting concrete to be 8" wide and 5" high. The
drawings also indicate precast concrete planks between the boards and the bleachers. The actual
construction appears to be a cast in place slab, approximately 3 ft wide, level with the ice surface. To
install the brine pipes would require the removal of this perimeter slab. Core samples would be
required to confirm if the slab was an integral part of the concrete beams.
In one location, a vertical crack exists in a pile cap. The crack appears to commence at a wooden pile
and extend up and across the cap. Only 1 pile cap was noted to be fractured. The amount of debris
under the bleacher restricts access to the pile caps. The debris, which creates a potential fire hazard,
should be removed and a thorough review conducted of all pile caps which are accessible. Whether
the arena is expanded or not, remedial work will be required to any fractured pile caps.
The bleachers are constructed with "L" shaped precast concrete units which bear on steel beams.
The removal of the bleachers will be difficult and time consuming. Cranes, or heavy vehicles, which
would greatly assist in the demolition, would not be permitted on the floor slab. The limited capacity of
the slab and beams would not support high concentrated point loads. Removal of the bleacher may
require portable gantry cranes and carts.
Since our initial report, we have continued our investigation. Instead of reducing or eliminating items
of concern, a number of red flags have become apparent, as follows:
1. Timber piles support the building.
2. Shear reinforcement, (stirrups), in the existing concrete beams, is inadequate.
3. Concrete beams and pile caps have been cast as single units.
4. Reinforcing steel channels connected to the sides of the existing concrete beams cannot
effectively transfer their loads directly to the piles.
5. Near the North end, intermediate beams connect into the sides of the girders; which are also
deficient in shear reinforcement. The physical restraints imposed make reinforcement of these
members extremely difficult.
6. The expansion of the ice surface would reduce the size of the compressor room. Expansion of
the compressor room must be considered.
7. The floor of the compressor room is at the same level as the ice surface. Removal of the slab
and reconstruction at a lower level would be required. The slab and beams appear to be
integrated. Removal of the slab would destroy the integrity of the beams.
8. Similar construction as noted in Item 7 occurs outside the compressor room in the vicinity of
the bleachers and curved boards and at the zamboni ramp.
9. The beams at the bases of the rigid frames contain additional reinforcement which acts as ties
across the building. Any alterations in and around these members should be kept to a
minimum.
LBR - OLYMPIC ICE SURFACE ANALYSIS Page 8
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10. Between the bleachers and the perimeter boards, the concrete slab is at the same level as the
ice surface. It would be necessary to remove the concrete to accommodate a new slab with
brine piping.
11. Access for construction equipment entering the building is limited.
12. The concrete beams and slabs within the building are not adequate to support heavy
construction equipment. The use of cranes on the slab would not be permitted.
13. The fractured pile cap requires remedial work. A review of the remaining accessible caps is to
be carried out and the appropriate remedial action taken.
The above is a summary of major hurdles, (noted to date), which must be addressed if the ice surface
is to be expanded. Work to the structural aspects of the building will be extensive and in all probability,
relatively costly. One concept would be to remove the bleachers and drive piles to support the new
floor structure.
Further investigation will be required to identify the floor construction in and around the compressor
room. If a portion of the slab is deemed to be part of the beams, extensive remedial work will be
required to maintain the structure's integrity. Small core samples should be obtained to identify the
type of construction; from which the extent of remedial work can be defined.
Assuming the slab in and around the compressor room can be removed without affecting the integrity
of the beams, the anticipated cost of the structural aspects would be in excess of $1.5 million; to
which the building's Architectural, Mechanical and Electrical costs are to be added.
LBR — OLYMPIC ICE SURFACE ANALYSIS Page 9
:1
6. MECHANICAL REVIEW
6.1 INTRODUCTION
The purpose of this study is to evaluate the refrigeration plant and other mechanical systems
as they relate to the proposed increase in ice surface to an Olympic size of approximately 98
feet x 200 feet. Included in the Scope of Work was the development of a Schematic Design
Estimate of Probable Cost for required modifications to the individual systems.
6.2 REFRIGERATION SYSTEM COMPONENTS
6.2.1 CHILLER PACKAGE
The chiller package was manufactured by Docal Ltd. and installed in 2004 ±. Chiller DLESA-
2012-2 and Surge Drum DLRA 20- have a capacity of approximately 120 Tons. That, in our
opinion, is adequate for the increase in ice surface.
6.2.2 REFRIGERATION COMPRESSOR
There are three (3) existing compressors consisting of:
Compressor #1 — York 60.0 HP 45 Tons
Compressor #2 — Mycom 75.0 HP 55 Tons
Compressor #3 — Cimco 60.0 HP 45 Tons
145 Tons
Similar to the chiller package, a total capacity of 145 Tons is considered adequate for an
Olympic size ice surface.
6.2.3 AIR COOLED CONDENSERS
There are two (2) Baltimore Air Coil air - cooled condensers Model VCL -102, each with a
capacity of 1499 MBH (125 Tons). The two (2) have a combined capacity of 250 Tons which
is more than adequate for the proposed increase.
These units were installed in 2004 ± and with an expected life of 15 to 20 years, therefore
could last another 12 years.
6.2.4 CONDENSER WATER PUMPS
The condenser water pumps #1 and #2 are Bell & Gossett Model 80 -R with a capacity of 142
GPM at 40 ft head. These pumps are relatively new (assumed to be installed in 2004) and are
in good condition.
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6.2.5 BRINE PUMPS
The two (2) brine pumps have been replaced at some point and increased in horse power from
20 to 25. These pumps are in relatively poor condition and are in need of replacement, in part
because of condition, but mainly due to the additional capacity required by the increase in ice
surface.
6.2.6 BRINE HEADERS AND DISTRIBUTION PIPING
Due to the increase in ice surface, the brine headers are undersized and are required to be
replaced. The existing brine piping loops in the ice surface slab will require splicing and
extending to cover the additional length of the ice, also new piping will be required from the
new supply return headers to cover the additional width being added.
The recommendation to splice and extend the existing distribution piping in lieu of an L- shaped
loop is to maintain consistent ice surface temperature.
6.3 ADDITIONAL MECHANICAL SYSTEMS
6.3.1 SPRINKLER SYSTEM
Modifications, mainly removals, are required to the automatic dry sprinkler system under the
bleachers due to removal of a portion of the bleachers.
6.3.2 NATURAL GAS INFRA -RED (RADIANT) HEATER
Nine (9) of the existing radiant heaters will have to be repositioned to avoid being over the ice
surface.
6.3.3 HOT WATER HEATING SYSTEM
One (1) cabinet unit heater and three (3) projection heaters will have to be relocated. The
cabinet unit heater is at the Zamboni entrance to the ice surface and is affected by widening
the ice, similarly the projection heaters are to be re- located due to the increased width.
6.3.4 DEHUMIDIFICATION SYSTEMS
Presently the facility does not have a dehumidification system, if the intent is to operate the
facility say September through May, a couple of refrigerant based units would be required,
however, for 12 month operation a desiccant unit is necessary.
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6.3.5 VENTILATION SYSTEMS
The arena ventilation will consist of roof intakes and roof exhaust fans on a single control.
Should the CO or NO2 levels be exceeded, the ice surface level sensors shall activate the
exhaust fans and open the intakes in sequence.
Ice plant room ventilation will consist of sidewall intake and sidewall exhauster operated by
either the emergency push button or on the ice plant ammonia detector.
6.3.6 TRENCH DRAINS
The Zamboni entrance /exit to the ice surface is being modified requiring the installation of a
trench drain system with connection to existing drainage.
6.3.7 EXISTING THERMOSTAT AND DISCONNECT
Relocate existing thermostat and disconnect switch mounted at the end of bleachers to be
moved adjacent of the Zamboni entrance.
6.4 MECHANICAL SUMMARY
To summarize the refrigeration plant was upgraded in 2004 ± and with the exception of the
brine pumps is in relatively good condition and has the capacity to handle the additional
proposed ice surface. The brine pipe headers are to be replaced and the existing distribution
lines extended with new lines to be installed to handle the additional width.
There are a number of modifications required to the existing mechanical systems to
accommodate the increase in ice surface. The sprinkler system, natural gas -fired infra -red
heaters, hot water heating system, trench drain and controls require modification. In addition,
a dehumidification system and ventilation system complete with controls is recommended.
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7. ELECTRICAL REVIEW
7.1 STATEMENT OF AIM
It is the intention of this report to provide a summary of the necessary tasks and cost estimate
for the addition /modification of the electrical systems that would be affected based on the
proposed modification of the Lord Beaverbrook Rink in Saint John, NB.
7.2 BACKGROUND
7.2.1 ELECTRICAL DISTRIBUTION
The Lord Beaverbrook Rink has 15,000V feeding transformers in the electrical room servicing
the rink. These transformers are separated from the rest of the electrical room by a chain
mesh fence with a gated entrance. There are three (3) transformers feeding a 600V
distribution panel while another three (3) transformers feed a 208V distribution panel. There is
a main disconnect switch located outside of the chain mesh fence for the primary feed to the
transformers.
Utility Transformers
H. V. Disconnect Switch
Within the electrical room, outside of the chain fenced area there is a main distribution board
for both an 800A, 120/208V, 3PH, 4W and a 200A, 3PH, 3W, 600V system. In 2003, the 208V
distribution system was upgraded and the main breaker for the 600V system had ground fault
protection added.
LBR - OLYMPIC ICE SURFACE ANALYSIS Page 13
.,
Access to the electrical room is currently through the refrigeration room. The proposed
modifications to the rink would require the physical size to be reduced and entrance to the
room to be relocated.
Panel `A' (120/208V)
7.2.2 WIRING DEVICES
Main Distribution Boards
In
There are eight (8) duplex receptacles located along the outside of the dasher boards that
would be affected due to the expansion of the ice surface. The receptacles located in the ice
plant room's interior wall will also be affected by the proposed modification.
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7.2.3 IDENTIFICATION & LABELING
Existing panelboards, MCC's, disconnects, etc. are labeled; however, wiring devices have no
identification.
7.2.4 LIGHTING
There are three (3) rows of six (6) suspended metal halide light fixtures illuminating the ice
surface. Additional lighting will be necessary for the expansion.
Lighting
7.2.5 PUBLIC ADDRESS SYSTEM
There are currently large speakers located at center ice. The wiring devices located within the
score box consist of a duplex receptacle, IG receptacle, XLR audio jacks and a coax outlet
which we are assuming to be a connection for the score clock controller. The proposed
modifications would relocate all of this equipment and devices /score box.
Speaker System at Center ice
Receptacles and Coax Connector
LBR -OLYMPIC ICE SURFACE ANALYSIS Page 15
WM
Audio Connections in Score Box
7.2.6 HEATING DEVICES
There are presently nine (9) gas fired radiant heaters c/w electrical connections located over
the seating area that would be affected by the proposed modification.
Existing Radiant Heaters
7.2.7 MECHANICAL COMPONENTS
Along the outside of the electrical room is a 600V motor control center for the mechanical
equipment. Mechanical equipment consists of the chiller, compressors, condensers,
condenser water pumps, brine pumps and some heaters.
p- � • Y i
Motor Control Center
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7.2.8 FIRE ALARM SYSTEM
We are not aware of any issues with the existing fire alarm system. There may be necessary
additional pull stations or alarm bells needed due to the architectural revisions proposed.
7.3 OBSERVATIONS AND RECOMMENDATIONS
Having introduced all relevant systems within Section 7.2, the following paragraphs shall
provide our recommendations and observations based upon our professional opinions
regarding codes, good installation practices and building operational functionality and
efficiency, should the desired alteration of the Lord Beaverbrook Rink take place.
7.3.1 ELECTRICAL DISTRIBUTION
The expansion of the ice surface will result in the electrical room being reduced in size. The
distribution equipment located within this area will need to be relocated c/w all necessary wiring
and conduit. In addition to this, reducing the size of the room working clearances required
around the equipment cannot be obtained without taking over the space currently used by the
utility transformers. The floor where the transformers are located would need to be built -up
level with the rest of the floor in the area. Current day practice does not commonly see a high
voltage system installed for this type of facility. For all of the reasons listed above, we
recommend having the utility transformers replaced with an external padmount transformer.
Removal of the existing transformers as well as provision of a new padmount transformer
would be by the utility at no cost. However, all trenching, transformer pad, bollards, secondary
conduit /wiring would all be at the Owner's cost. A new 800A, 347/600V, 3PH, 4W system
would be installed which would replace /re -feed existing system components and would feed a
300 KVA transformer (600- 120/208V) servicing the existing 120/208V equipment. The service
provided would be adequate to feed all recommended additions to the mechanical systems. All
equipment would be relocated within the newly oriented room.
7.3.2 WIRING DEVICES
It is not known where existing receptacles located at the dasher boards are fed from. It is also
not apparent as to what they are used for. With the proposed modifications, these receptacles
c/w all conduit /wire under the expanded ice slab would need to be removed. We are assuming
that these are currently used for general power only and that only a couple of receptacles
would need to be re- installed in this location. We would recommend one (1) near each corner
since we assume there to be minimal trenching required on the building entrance side by tying
to existing feeds and major demolition, trenching, etc. needs to be done on the other side so
one (1) should also be located there.
All receptacles affected due to modifications to walls within refrigeration room and /or electrical
room would need to be traced out and re- located.
LBR — OLYMPIC ICE SURFACE ANALYSIS Page 17
7.3.3 IDENTIFICATION AND LABELING
In all areas of the building where electrical revisions are required due to the proposed
expansion, all devices should be traced out and properly labeled for future maintenance.
7.3.4 LIGHTING
The proposed expansion would require an additional row of suspended metal halide light
fixtures to be installed and existing rows would require an additional fixture to be added. This
quantity is based on the assumption that existing lighting /control is adequate for the facilities
operations since we have not been directed to analyze this. The additional ten (10) light
fixtures are based on similar spacing as the existing layout to cover the larger ice surface. It
appears that each fixture is 1000W, 120V which will require a circuit and control for each light
installed. Control method will match existing.
Lighting may need to be altered in the refrigeration area and electrical room, etc. where
architectural changes affect existing layouts /room configurations. This also includes exit and
emergency lighting which will need to be brought to Code in all areas that form part of the
contract.
7.3.5 PUBLIC ADDRESS SYSTEM
The existing center ice speaker system would need to be relocated to the new center ice
location if it were to perform as intended. In addition to this, the score box c/w all audio
connections would need to be relocated to allow for the expansion. It appears all score clock
connections are via a coax connector and audio jacks are also present for the
microphone /music connections in which the existing device configuration would be duplicated
in the new score box location.
7.3.6 HEATING
The existing radiant gas fired ceiling heaters would now be located over the ice surface if they
were not to be relocated. The relocation of these heaters would fall under the mechanical
scope of work, however, it appears that there is an electrical connection to each heater which
would have to be relocated as well.
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7.3.7 MECHANICAL SYSTEMS
The majority of the mechanical systems are to remain as per the existing configuration,
however, there are a few systems that are recommended to be upgraded which would result in
electrical changes to modify existing feeders /starters or add feeders and starters to new
equipment. The modifications that are anticipated include:
1. Upsizing of two (2) brine pumps;
2. Relocation of one (1) cabinet unit heater and three (3) projector heaters;
3. New dehumidification system including two (2) 15 KW refrigeration units;
4. Three (3) new arena ventilation fans.
Final sizing and locations would be coordinated at a design stage but initial loading received
from the mechanical consultant as part of this study has been used to complete the electrical
cost estimate including estimated size for the revised electrical distribution system /entrance.
7.4 ELECTRICAL SUMMARY
To summarize the proposed modification of the Lord Beaverbrook Rink located in Saint John,
NB, would entitle the main electrical distribution being upgraded /modified along with all the
pertaining panels, conduits and wiring to both the 600V and 120/208V services. The lighting,
mechanical, heating, public address system and fire alarm will need to be modified to
accommodate the proposed modification and the resulting preliminary cost is approximately
$170,000.00.
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8.0 ESTIMATE OF PROBABLE COST
No. Description Total Cost
Division 1 - General Requirements
General Conditions $225,000.00
Demolition $300,000.00
$525,000.00
Division 2 - Site Works
New Zamboni Entrance /Access $50,000.00
Division 3 - Structural
Lawrence Engineering Estimate $1,500,000.00
New Refrigerated
Slab $60,000.00
Misc. Concrete slabs
& curbs $15,000.00
$1 ,575,000.00
Division 4 - Masonry
$300,000.00
Division 5 Steel Fabrications
New /Modifications
guardrails $50,000.00
$50,000.00
Division 7 - Building Envelope
New Zamboni Entrance /Access
$9,000.00
Division 8 - Doors and Windows
Misc Doors &
Hardware $7,000.00
$7,000.00
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291
Division 9 - Finishes
Painting $15,000.00
$15,000.00
Division 13 - Special Construction
Rink Dasher Boards Modifications $45,000.00
Division 22 & 23 - Mechanical
REFRIGERATION SYSTEM
COMPONENTS
Chiller Package - No cost existing to
remain.
Refrigeration Compressor - No cost existing to
remain.
Air Cooled Compressor - No cost existing to
remain.
Condenser Water Pumps - No cost existing to
remain.
Brine Pumps $40,000.00
Brine Headers and Distribution $110,000.00
ADDITIONAL MECHANICAL
SYSTEMS
Sprinkler System
$9,000.00
Natural Gas Infra -Red Radiant
Heaters
$6,000.00
Hot Water Heating
System
$6,000.00
Dehumidification System with
Refrigerant Units
$60,000.00
Dehumidification System Desiccant
style($500,000.00)
Arena
Ventilation Systems Ventilation
$30,000.00
Ice plant Room
Ventilation
$10,000.00
Trench Drain
$7,000.00
Existing Thermostat and Disconnect
$1,000.00
$279,000.00
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292
Division 26 - Electrical
Electrical Distrubution
$60,000.00
Wiring Devices
$8,000.00
Identification and
Labelling
$2,000.00
Lighting
$35,000.00
Public Address System /Score Box
Relocation
$30,000.00
Heating Devices
$5,000.00
Mechanical Systems
$25,000.00
Fire Alarm
$5,000.00
Construction
Contingencies
Approx. 15%
$170,000.00
Sub -Total of Division
1 thru 26 $3,025,000.00
$455,000.00
OPINION OF PROBABLE COST $3,480,000.00
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9. APPENDICES:
ASK -1 FLOOR PLANS
ASK -2 SPECTATOR SIGHTLINES
ASK -3 SPECTATOR SIGHTLINES
ASK -4 SPECTATOR SIGHTLINES
ASK -5 ZAMBONI ACCESS
ASK -6 ELECTRICAL & MECHANICAL ROOMS
ASK -7 BRINE PIPING
ASK -8 3D VIEW
ASK -9 3D VIEW
SK -1 REINFORCEMENT FOR GRADE BEAMS
LBR — OLYMPIC ICE SURFACE ANALYSIS Page 23
294
NORTH
SOUTH
NORTH
Murdock • Boyd
U u
ARCHITECTS
50 KING STREET, SUITE 200
SAINT JOHN, NEW BRUNSWICK
CANADA, E2L1G4
TEL(506)646 -9200 FAX (506)646 -9201
www. a rc h i to cts. n b. c a
SOUTH
FLOORYLANS.
N.T.S.
2012.JULY.10
LORD. BEAVERBROOK.RINK.10 -401 P
295
11 ICE SURFACE
FI REMOVED SEATING
11 REMAINING SEATING
ASK -1
IIIII;� GRADE BEAM—
WOODEN PILE -
SETTLED SOIL
0
in
in
o
L"i GRADEWOODEN PILE ilil�il
SETTLED SOIL
MR
Murdock e Boyd
Li u
ARCHITECTS
50 KING STREET, SUITE 200
SAINT JOHN, NEW BRUNSWICK
CANADA, E2L iG4
TEL(506)646 -9200 FAX(506)646 -9201
www, a rc h i t e cts, n b. c a
SPECTATOR.SIGHTLINES.
1/8" =1' -0"
2012.JULY.10
LORD. BEAVERBROOK.RINK.10 -401 P
296
T RA E
T A E
ASK -2
i
I
T A
0
OVER -SIZED
DASHBOARDS NEEDED
SUPPORT
T R E WALL
NEEDED
___'�EXTENDED SLAB
n
Murdock • Boyd
H u
ARCHITECTS
50 KING STREET, SUITE 200
SAINT JOHN, NEW BRUNSWICK
CANADA, E2L 1 G4
TEL(506)646 -9200 FAX(506)646 -9201
www.architects. nb. ca
SPECTATOR.SIGHTLINES.
1 /8" =1 ' -0"
2012.JULY.10
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304
REPORT TO COMMON COUNCIL
M &C2012 -182
July 10, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
nt
The City of Saint John
SUBJECT: Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer
Installation and Street Reconstruction
PURPOSE
The purpose of this report is to update Council, on the status of the Somerset Street (Wellesley
Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction project and
estimated costs.
BACKGROUND
This Project was approved in the 2012 General Fund Capital Program as follows:
• Somerset Street (Wellesley Avenue to Samuel Davis Drive) — Street Reconstruction
(storm sewer, excavation, backfill, curb, sidewalk, landscaping), including design
and construction management services.
Common Council, at its meeting of May 7, 2012, awarded the Engineering Design and
Construction Management Services (2012- 0836B) for Somerset Street to GENIVAR at a
negotiated price of $256,932.90.
Funding for this project includes an approved City share amount of $1,100,000 and a proposed
other share amount of $350,000 from the Province of New Brunswick. This budget estimate was
established with very preliminary information.
ANALYSIS
The above noted project is currently in the design stage of work. GENIVAR has completed the
preliminary portion of the design work which included the submission of a Design Brief
illustrating the proposed design, design rationale and cost estimates.
305
M &C2012 -182
July 10, 2012
Page 2
GENIVAR provided the following preliminary cost estimates as part of their Design Brief
submission:
Somerset Street Reconstruction (Wellesley Avenue to Samuel Davis Drive): $2,554,369.52
Somerset Street (Design and Construction Management): $256,932.90
Total Estimated Project Costs: $2,811,302.42
The estimated cost of the project based on the GENIVAR design is $2,811,302.42. The
difference between the estimated construction costs and current approved funding is
$1,361,302.42 ($2,811,302.42 — $1,450,000.00).
The preliminary design proposes the reduction of the two southbound lanes between Samuel
Davis Drive and Pugsley Avenue to a single lane while maintaining a dedicated turning lane to
Thornborough Street. Consistent with Council's Active Transportation Policy, the rebuilt road
will include provisions for shared bike lanes.
Based on the cost estimates from the preliminary design, it is recommended that the project
limits for the 2012 reconstruction of Somerset Street be adjusted to the section of Somerset
Street between Wellesley Avenue and Thornborough Street. The section of Somerset Street
between Thornborough Street and Samuel Davis Drive would be proposed for reconstruction
under the 2013 General Fund Capital Program.
FINANCIAL IMPLICATIONS
Each year the City submits an updated 5 -year program of improvements for Provincially and
Regionally Designated Highways through Saint John. The 5 -year submission made in October,
2011 included a request for $350,000 towards the reconstruction of Somerset Street in 2012. To
date, the Province has not yet approved this request. It is Staff s understanding that funding
allocations from the Province have been completed for 2012. Staff remain optimistic that the
Province will cost share in the reconstruction of Somerset Street.
Staff proposes that Council authorize proceeding with the reconstruction of Somerset Street
between Wellesley Avenue and Thornborough Street. The Provincial share of $350,000 in
conjunction with the $1,100,000 City share would provide a total budget of $1,450,000 for
Somerset Street.
It is anticipated that the detailed design will be completed in time to allow the advertisement of a
tender on July 31, 2012 with a tender closing date of August 22, 2012. Construction could then
get underway in September which would allow enough time to complete more than half the
section between Wellesley Avenue and Thornborough Street with the remainder being
completed in the spring of 2013.
306
M &C2012 -182
July 10, 2012
Page 3
RECOMMENDATION
It is recommended that Council approve City Staff proceeding to tender for the reconstruction of
the section of Somerset Street between Wellesley Avenue and Thornborough Street.
Respectfully submitted,
A U�
Michael Baker, P. Eng.
Municipal Engineer
Wm. Edwards, . Eng.
Commissioner,
Transportation & Environment
307
Brian Keenan, P. Eng.
Engineering Manager
atrick Woods, CGA
y Manager
REPORT TO COMMON COUNCIL
M & C 2012 -191
July 30, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: PEEL PLAZA PARK
City of Saini John
At the Council meeting of June 18, Council passed a motion introduced by
Councillor John MacKenzie with respect to Peel Plaza Park Development. The
motion directed the City Manager to investigate a community project, which could
engage citizens and corporate citizens in the development of the park (see
attached Report to Council).
The purpose of this report is to provide an update of discussions held by the City
Manager and the Peel Plaza Project Manager with respect to the above.
As Council is aware, the City of Saint John has issued a revised call for tender
for the development of the park. Much of this development will involve the
acquisition of specialized materials and the utilization of heavy earth- moving
equipment. However, there does remain opportunities for the post- construction
addition of a variety of ornamental and aesthetic furnishings. Such additions
could contribute to, and accent, serviceability and welcoming features of the
park. In this regard, City staff are working with the landscape architect to
develop a list of potential furnishings and accents which the public may have an
interest in donating. Items could include (but are not limited to) such things as
artworks, bicycle racks, benches, trees, and even garden plots. It is felt that
working with the landscape architect; such citizen donations would have a
consistent look about them and be integrated with the overall park design
concept.
There are a number of scenarios by which the public may be invited to
participate. These are being currently explored. However, in the meantime, the
detailed listing of possible donations is being developed along with a
recommended sponsorship level. In other words, individuals or corporations
could provide a sponsorship level and the City would arrange for purchase and
installations. Donations by the public could be recognized by way of individual
plaques affixed to the donations, or a centralized recognition plaque at the
appropriate location.
The City would issue tax receipts where appropriate.
No
M & C 2012 - 191 - 2 - July 23, 2012
The development of this citizen engagement opportunity will take place over the
next few months, with the program being ready for implementation in the Spring
of 2013. This timing should dovetail nicely with the substantial completion of the
park construction.
Recommendation
Receive and file.
Respectfully submitted,
�V'w-
Wm. Edwards, P.Eng.
Project Manager
Peel Plaza Project
WmE /pmc
Attachment (1)
309
J. Patrick Woods, CGA
City Manager
Planning
Advisory Committee
July 18, 2012
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Subdivision: Eagles Nest Subdivision - Phase 1
1450 -1600 Sandy Point Road
City of Saint John
The Planning Advisory Committee considered the attached report at its July 17,
2012 meeting. This letter deals with Phase 1 of the proposed subdivision. It
should be noted that the Committee's recommendation with respect to the
proposed rezoning of the property at 1450 -1600 Sandy Point Road was the subject
of a separate letter from the Committee to Council.
At its meeting of June 19, 2012 the Committee approved a variance for the
subdivision but overlooked the recommendation to Common Council regarding
the subdivision.
After consideration of the matter, the Committee unanimously adopted the staff
recommendation in the attached report recommending that Council table assent of
the submitted subdivision plan pending receipt of a slope stability study.
RECOMMENDATION:
That Common Council table consideration of the submitted Eagles Nest Estates
Subdivision — Phase 1, Tentative Plan of Subdivision, located at 1450 -1600 Sandy
Point Road, and being part of PID Numbers 55145544, 55151609, and 55145551,
with respect to the vesting of the proposed public streets and any required
municipal services casements and public utility easements, until such time as a
Slope Stability Study has been completed to the satisfaction of the Chief Building
Inspector, or their designate.
Respectfully submitted,
Eric Falkjar
Chairman
MR
Project No. 12 -126
310
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TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING - PLANNING AND DEVELOPMENT
FOR: MEETING OF JULY 17, 2012
PREPARED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT: Proposed Rezoning and Subdivision
1450 -1600 Sandy Point Road
The Planning Advisory Committee, at their meeting of June 19, 2012, tabled the rezoning portion of the
application pending a supplemental report addressing the following:
• how the number of units proposed in the development relate to P1anSJ;
• appropriate infill in stable residential areas; and
• the cost per kilometer of roadway.
This report provides additional clarification to the Committee regarding the above issues.
Number of Proposed Units
The concept plan submitted with the development outlines the eventual development of approximately
92 estate residential lots, 56 townhouse units, and three multi -unit buildings. The current application
before the Committee includes:
9 estate residential lots (Existing Zoning: "RS -2" One and Two Family Suburban Residential,
Subdivision approval and variance required);
56 townhouse units (Rezoning required from "RS -2" One and Two Family Suburban Residential
to "TH" Townhouse); and
3 multi -unit buildings (Rezoning required from "RS -2" One and Two Family Suburban
Residential to "RM -2" High Rise Multiple Residential).
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 I wwwsaingohn.ca 1 CA 1971 Saint john f, N. -B. Canada E2L 4L1
312
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 2
1450 -1600 Sandy Point Road July 13, 2012
The Municipal Plan provides general guidance on where development will be located through the City
Structure and Future Land Use designations. With regard to the number of units developed over the
planning horizon to 2031, the intent of the Plan is to direct 95% of residential growth to the Primary
Development Area as follows:
• approximately 45% to Urban Neighbourhood Intensification Areas,
• approximately 40% to Suburban Neighbourhood Intensification Areas, and
• approximately 10% to Stable Areas.
Staff note that while the anticipated growth to 2031 is forecast at 5000 residential units, and the Growth
Strategy contained a land budget outlining a specific number of residential units in various areas
throughout the City (urban, suburban, rural, infill and committed developments), the above percentages
are only targets that not are "legally binding" from a Community Planning perspective and supersede
information contained in the Growth Strategy.
Policy I -19 requires Planning Staff to annually report to Council, the public, and key stakeholder groups
regarding progress towards achieving the goals of the Municipal Plan and to consider minor
amendments that do not involve substantive changes to the Plan. In addition to the monitoring and
review metrics outlined in the various chapters of the Plan, annual progress towards the above
residential development targets will be reviewed. The first annual report prepared by the Growth and
Development Services Department will be brought to Council in early 2013.
Since approval of the Municipal Plan in January 2012, the Planning Advisory Committee has approved a
maximum of 390 new residential units (excluding the Fundy Quay development on the former Coast
Guard Site) as detailed in Appendix A. Of these units, 386 are within the Primary Development Area
and 4 are outside the PDA. The location of these 390 units with respect to Intensification Areas is as
follows:
• Inside Intensification Areas: up to 178 units (plus Fundy Quay)
0 110 in Suburban Neighbourhood Intensification Areas
0 68 in Urban Neighbourhood Intensification Areas
o Fundy Quay units will be in Primary Centre Intensification Areas
• Outside Intensification Areas: up to 212 units
o all in Stable Areas
o 208 in Stable Residential
o 4 in Rural Residential.
Staff note that the majority of the dwelling units that are the subject of the current application
(townhouse and multiple -unit buildings) can only be permitted via a rezoning. Staff are recommending a
Section 39 condition imposing a five -year time limit on development. Such a time limit was an
initiative of the new Municipal Plan based on current Provincial Legislation with the intent to better
control the amount and location of developments that are approved. Staff also note that moving forward,
the number of approved units will be dynamic in that some approvals that have time limits attached to
them will expire along with tentative subdivision approvals.
313
Kierstead Quigley & Roberts Ltd. for 504474 N.13 Ltd Page 3
1450 -1600 Sandy Point Road July 13, 2012
Appropriate infill in Stable Residential areas
The Stable Residential designation applies to serviced lands within the Primary Development Area
having the potential to accommodate additional development, at a scale and density consistent with the
surrounding context. While the surrounding area is mostly large lot residential, this new development
provides the opportunity to accommodate additional forms and density of residential development to
maximize past infrastructure investments in the area. Staff note that the accommodation of additional
forms and densities of development and maximizing existing infrastructure investments are key
foundations of the Municipal Plan.
Proposed net densities of the development, as outlined on the concept plan are provided in Table 1.0.
Table 1.0 - Density Assessment — Current Application
Component
Units
Net Area
Net_Density
Estate Residential — Phase 1
9
1.79 ha
5.02 units/ha
Townhouse
56
8.9 ha
25.75 units/ha
Multiple Unit (3 50)
150
Note:
1. 50 unit buildings assumed by staff for density assessment no information provided by applicant.
The estate residential portion of the site would have a density of 5 units/hectare with the townhouse and
multiple unit areas of the site having a density of just less than 26 units/hectare. This provides for an
overall density of 20 units/hectare for the lands that are the subject of this application (215 units /10.69
ha). The Municipal Plan provides for minimum densities of 45 units /net hectare in medium to high
density residential areas and between 20 and 45 units /net hectare in low density residential areas.
While the proposed development can be considered low density, it is of a higher density than existing
developments along Sandy Point Road and Kennebecasis Drive which range from approximately 1.7
units/hectare to 12 units/hectare.
Policy LU -86 notes that the existing neighbourhood context and conformity with the Municipal Plan
goals will determine the suitability of the development proposal. As discussed above, the proposed
development, although at a higher density than surrounding developments, is in line with key
foundations of the Plan involving increased density, and a mix of density and residential dwelling forms.
Conditions attached to the rezoning will provide for high quality building designs and allow for issues
such as landscaping and stormwater management to be addressed. Based on Staff's evaluation of the
development in accordance with criteria outlined in the Plan regarding development in Stable
Residential Areas, Staff are of the opinion the development meets the intent of the Municipal Plan.
Costs per Kilometre of Road
Ongoing maintenance costs associated with the City's linear infrastructure (road and underground pipe
network) were reviewed over the course of preparing the City's new Municipal Plan. From this review it
was determined that current operating costs of roadway maintenance (i.e. such items as snow removal
and street cleaning) are $17,300/kilometre and piped infrastructure maintenance is $14,300/kilometre.3
This cost only pertains to roadway and piped infrastructure and does not include other city costs such as
Administrative Services, Parks and Recreation and Protective Services.
1 Hemson Consulting. February 2011. Fiscal Impact Analysis of PlanSJ.
314
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 4
1450 -1600 Sandy Point Road July 13, 2012
To gain a better return on these ongoing maintenance costs, the approach being taken by most
municipalities is to move towards a more efficient overall development pattern that provides a greater
density of development per kilometer of roadway. Through the process of creating the new Municipal
Plan, Saint John's situation on a length of roadway per resident basis was compared with other New
Brunswick centers as follows:
• Saint John 11.2 metres of roadway per resident
• Fredericton 8.5 metres of roadway per resident
• Moncton 7.7 metres of roadway per resident.
As a comparison Vancouver has 5.5 metres of roadway per resident with Saskatoon and Toronto having
4.8 metres per resident and 2 metres per resident respectively
Fiscal Impact Analysis
Over the course of preparing the new Municipal Plan, the City retained Hemson Consulting to develop a
financial model that City Staff can use to estimate the fiscal impacts of new development proposals. The
model was used to review the fiscal impacts of the proposed development with the development broken
down into 3 sub areas:
9 single - family lots along Eagle's Nest Way that are along the single - loaded portion of street
(included in current application),
Area to be rezoned "TH" Townhouse and "RM -2" High Rise Multiple Residential (included in
current application), and
Future single family development area labeled as "Future Development" in the current
application. Should the developer choose to proceed with development in this area in the future a
Municipal Plan Amendment will be required.
9 Single - family lots along Eagle's Nest Way
As noted in the earlier Staff report, the developer will be responsible to build the public streets and
install the municipal servicing with the City then assuming all future costs for maintenance of the streets
and infrastructure. Due to the proposed layout of the single loaded street along Eagle's Nest Way, only
one side of the street provides tax revenue to offset these ongoing costs. The topography of the site
which results in larger lot frontages and fewer houses and lots per length of street reduces the density
which further reduces the future available revenue. On the initial section of Eagle's Nest Way the
proposed lot widths range from 33 -34 metres, with the corner lot having a frontage in excess of 60
metres. On average, this section of roadway provides approximately 3 lots per 100 metres of street. As
a comparison, denser forms of development with a double loaded street, such as that found in the "R -2"
One and Two Family Residential zone with lot widths of 18 -20 metres, would yield approximately 11
lots (almost three times the residential yield) per 100 metres of street.
The single loaded street generally provides half of the assessment per metre of street than would a
double loaded street. To determine the impact of a single loaded street, the City's fiscal impact model
was reviewed to determine an estimate of revenues and expenditures that would result from the
construction of the Phase 1 of the single family portion of the development. As the model assumes a
street with development on both sides, the resulting assessment values were reduced by a factor of two
315
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 5
1450 -1600 Sandy Point Road July 13, 2012
to account for the revenue generated by the single loaded street. From this analysis, if the 9 dwellings
each had an assessed value of $200,000 ongoing expenditures for the development would exceed
revenues by approximately $500. Increased assessment values of $300,000 and $ 500,000 per dwelling
provide net annual revenues of $7,503 and $23,563 respectively for the 9 single family dwellings.
The model is sensitive to the assessed value of the proposed dwelling units, however single family
dwelling assessments would have to be in the $ 250,000 to $ 300,000 range to begin to yield a net
positive impact for the City for this length of single loaded street with 9 dwelling units. In addition, all
nine units would have to be constructed to provide the level of net positive fiscal impact noted above.
It should be noted that should the City choose to fund infrastructure improvements to support the
development, this would increase the City's annual expenditures for a 15 -year period as the City's cost
of the infrastructure upgrades will be amortized over 15- years. For example a $500,000 capital
expenditure by the City will result in an additional cost to the City of $ 48,131 for the first 15 years of
the project, reducing any net positive fiscal impact to the City.
Area to be Rezoned to "TH" Townhouse and "RM -2 "High Rase Multiple Residential
This area is proposed to contain 56 townhouse units and 3 multiple unit buildings. For the purposes of
the assessment, the townhouse units were assessed at $170,000 /unit and units in the multiple unit
buildings were assessed at $130,000 /unit. This area contains Tiffany Drive and two cul -de -sacs with the
cul -de -sacs having the potential to be private streets, which would reduce the City's on -going
maintenance costs. Two scenarios were evaluated as follows:
Scenario 1 - Tiffany Court as a Public Street, 2 cul -de -sacs as private streets
Annual Expenditures: $ 227,369
Annual Revenues: $ 518,010
Annual Surplus: $ 290,641
• Scenario 2 — Tiffany Court and 2 cul -de -sacs as Public Streets
Annual Expenditures: $ 268,572
Annual Revenues: $ 518,010
Annual Surplus: $ 249,438
These values are for full build out of the area to be rezoned.
Future Development Area
Plans provided by the applicant show a total of 83 single family lots to be developed in the future,
including an existing residence. Using an assessed value of $ 190,000 per unit, which may be
conservative based on the intent expressed by the developer, this development will have a net positive
fiscal impact as follows:
Annual Expenditures: $149,966
Annual Revenues: $281,490
Annual Surplus: $131,524
The development of both the area contained in the current application and the future development area
will result in a net positive fiscal impact to the City when fully built out. However, factors such as the
316
Kierstead Quigley & Roberts Ltd. for 504474 N.13 Ltd Page 6
1450 -1600 Sandy Point Road July 13, 2012
rate of uptake in the development and the City's role in funding infrastructure improvements and
upgrades, should they be required, will affect the overall net fiscal impact to the City.
Conclusion
This report provides additional information as requested by the Committee at their June 19, 2012
meeting to clarify matters relating to the application. The Staff Recommendation as contained in the
earlier report on the application still stands with respect to the rezoning and subdivision.
Staff also note that aside from approving the variance for the 9 lots along Eagle's Nest Way, the
Committee did not provide a recommendation to council regarding the 9 lots to be developed along
Eagle's Nest Way.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land having an area of approximately 8.9 hectares,
located at 1450 -1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of
55145544, 00050823, 55153332, 55151609, and 55145551, from "RS -2" One and Two Family
Suburban Residential to "RM -2" High Rise Multiple Residential and "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of the parcel of land with an area of approximately 8.9 hectares, located at 1450-
1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of 55145544,
00050823, 55153332, 55151609, and 55145551, be subject to a detailed agreement including the
following conditions:
a. Prior to any development of the site, the developer be required to complete a Slope
Stability Study to assess the suitability of the land for construction of the proposed
development, subject to approval by the Chief Building Inspector or their designate;
b. Prior to any development of the site, the developer be required to complete a Traffic
Impact Study to determine if any improvements to Sandy Point Road and/or the
intersection of Sandy Point Road and any future streets or any access points connecting
the proposed development to a public street will be required to facilitate full -build out of
the proposed development. The review must include slope and topographic considerations
and is subject to the approval by the Chief City Engineer or his designate;
c. Any development of the site be in accordance with a detailed engineering water and sewer
analysis determining the impact of the development on the existing infrastructure, and a
detailed engineering servicing plan for the approval of the Chief City Engineer or his
designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage plan / report,
prepared by the developer and subject to the approval of the Chief City Engineer or his
designate, prior to issuance of any Building Permit(s). This report must also determine the
impact this development will have on the existing storm sewer infrastructure and also to
ensure that this proposal does not exceed the current capacity of the existing storm system;
317
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd Page 7
1450 -1600 Sandy Point Road July 13, 2012
e. The developer must provide all utilities underground, including power and telephone from
the existing overhead facilities, as required in the City of Saint John Subdivision Bylaw
and that any costs to extend or improve off -site infrastructure to serve the development be
completed at the developer's expense;
f. Prior to any development of the site, no portion of the site shall be developed except in
accordance with detailed plans including, but not limited to, a site plan, building
elevations, a landscape plan and a grading plan, all of which are to be prepared by the
proponent of the development and subject to the approval of Common Council and
incorporated into a Development Agreement, as a statutory amendment to these
conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of
the site shall be completed within 5 years of the date of the rezoning coming into effect.
Should this not occur, no further development of the "TH" Townhouse and "RM -2" High
Rise Multiple Residential area of the site shall be permitted and Council shall take steps to
immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5)
and 39(6) of the Community Planning Act and the land shall return to its previous zone;
and
h. In accordance with Section 39(8) of the Community Planning Act, the applicant shall
provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover
expenses related to the cancellation of the conditional rezoning agreement and/or repeal of
the rezoning in the event that the conditions attached to the rezoning cannot be met, as per
policy I -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial
completion of the development for which the rezoning is granted.
3. That Common Council:
a. Table consideration of the submitted Eagles Nest Estates Subdivision — Phase 1,
Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of
PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the
proposed public streets and any required municipal services easements and public utility
easements, until such time as a Slope Stability Study has been completed to the
satisfaction of the Chief Building Inspector, or their designate.
MR
Project No. 12 -126
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The City of Saint John
DATE:
TO:
FROM:
FOR;
PREPARED
JUNE 15, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING PLANNING AND DEVELOPMENT
MEETING OF JUNE 19, 2012
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
Kierstead Quigley & Roberts Ltd.
504474 N.B Ltd.
1450 -1600 Sandy Point Road
55145544 and part of 55117071, 00050823, 55153332, 55151609,
and 55145551.
Stable Residential
"RS -2" One and Two Family Suburban Residential
Proposal: Subdivision of nine residential lots and to rezone a portion of the
properties from "RS -2" One and Two Family Suburban Residential
to "RM -2" High Rise Multiple Residential and "TH" Townhouse
Type of Application: Rezoning, Subdivision, and a Variance to:
i. permit a subdivision plan, as per Section 21(4) of the
Subdivision Bylaw, where the slope of the land exceeds
20 %.
(5)4
SAINT JOHN P.O. Box 1911 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.c.- I C.P. 1971 Saint john, N. -s. Canada t2L 4L1
320
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd. Page 2
1450 -1600 Sandy Point Road June 15, 2012
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 Bylaw. Common Council will consider the
Committee's recommendation at a public hearing on Tuesday, July 3, 2012.
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and land for public purposes in conjunction with the subdivision
of land.
The Subdivision By -law authorizes the Committee to approve street names in conjunction with new
subdivisions.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning and Subdivision By -laws. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land having an area of approximately 8.9 hectares,
located at 1450 -1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of
55145544, 00050823, 55153332, 55151609, and 55145551, from "RS -2" One and Two Family
Suburban Residential to "RM -2" High Rise Multiple Residential and 11TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of the parcel of land with an area of approximately 8.9 hectares, located at 1450-
1600 Sandy Point Road, also identified as PID Numbers 55117071 and part of 55145544,
00050823, 55153332, 55151609, and 55145551, be subject to a detailed agreement including the
following conditions:
a. Prior to any development of the site, the developer be required to complete a Slope
Stability Study to assess the suitability of the land for construction of the proposed
development, subject to approval by the Chief Building Inspector or their designate;
b. Prior to any development of the site, the developer be required to complete a Traffic
Impact Study to determine if any improvements to Sandy Point Road and/or the
intersection of Sandy Point Road and any future streets or any access points connecting
the proposed development to a public street will be required to facilitate full -build out of
the proposed development. The review must include slope and topographic considerations
and is subject to the approval by the Chief City Engineer or his designate;
c. Any development of the site be in accordance with a detailed engineering water and sewer
analysis determining the impact of the development on the existing infrastructure, and a
321
Kierstead Quigley & Roberts Ltd. toy 504474 N.B Ltd. Page 3
1450 -1600 Sandy Point Road June 15, 2012
detailed engineering servicing plan for the approval of the Chief City Engineer or his
designate, prior to approval of any Building Permit(s);
d. Any development of the site be in accordance with a detailed drainage plan / report,
prepared by the developer and subject to the approval of the Chief City Engineer or his
designate, prior to issuance of any Building Permit(s). This report must also determine the
impact this development will have on the existing storm sewer infrastructure and also to
ensure that this proposal does not exceed the current capacity of the existing storm system;
e. The developer must provide all utilities underground, including power and telephone from
the existing overhead facilities, as required in the City of Saint John Subdivision Bylaw
and that any costs to extend or improve off -site infrastructure to serve the development be
completed at the developer's expense;
f. Prior to any development of the site, no portion of the site shall be developed except in
accordance with detailed plans including, but not limited to, a site plan, building
elevations, a landscape plan and a grading plan, all of which are to be prepared by the
proponent of the development and subject to the approval of Common Council and
incorporated into a Development Agreement, as a statutory amendment to these
conditions;
g. Construction of the "TH" Townhouse and "RM -2" High Rise Multiple Residential area of
the site shall be completed within 5 years of the date of the rezoning coming into effect.
Should this not occur, no further development of the "TH" Townhouse and "RM -2" High
Rise Multiple Residential area of the site shall be permitted and Council shall take steps to
immediately repeal the rezoning agreement and the rezoning pursuant to Sections 39(5)
and 39(6) of the Community Planning Act and the land shall return to its previous zone;
and
h. In accordance with Section 39(8) of the Community Planning Act, the applicant shall
provide a certified cheque in the amount of one thousand dollars ($1,000.00) to cover
expenses related to the cancellation of the conditional rezoning agreement and/or repeal of
the rezoning in the event that the conditions attached to the rezoning cannot be met, as per
policy I -5 in the Municipal Plan. The certified cheque shall be repayable on the substantial
completion of the development for which the rezoning is granted.
3. That Common Council:
a. Table consideration of the submitted Eagles Nest Estates Subdivision — Phase 1,
Tentative Plan of Subdivision, located at 1450 -1600 Sandy Point Road, and being part of
PID Numbers 55145544, 55151609, and 55145551, with respect to the vesting of the
proposed public streets and any required municipal services easements and public utility
easements, until such time as a Slope Stability Study has been completed to the
satisfaction of the Chief Building Inspector, or their designate.
322
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd. Page 4
1450 -1600 Sandy Point Road June 15, 2012
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering have the following comments:
■ Municipal water and sanitary sewer servicing is available from Sandy Point Road. However, all
grades and pressures must be verified by the developer's engineering consultant through the
submission of a servicing proposal to the City by the developer's engineering consultant for
review and approval.
An engineering water and sewer analysis must be completed by the developer's engineering
consultant and submitted to the City for review and approval in order to determine the impact
this development (capacity requirements, peak flows, fire flows; etc.) will have on the existing
water and sewer infrastructure and also to ensure that this proposal does not exceed the current
capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will
be the responsibility of the developer. Detailed engineering plans must be submitted by the
developer's engineering consultant to the City prior to determining this.
• There will be water pressure issues at higher elevations — homes and buildings may require their
own private water booster systems.
• It is not clear from the proposal how the site will be serviced. Detailed engineering drawings
must be submitted by the developer's engineering consultant to the City for review and approval.
• Without any detailed information provided at this time, for instance, elevations, grades, etc., a
more detailed review of the project will be required by the City once the required information is
provided from the developer.
■ Due to increased development, there will be water pressure limitations that will cause the
existing water pumping station to reach capacity. A future elevated storage tank on site likely
will be required.
■ The developer's engineering consultant must provide a detailed storm water management
plan/report indicating how storm water collection and disposal will be handled. This
development will require a piped storm water system and not an open ditch system for storm
water conveyance. The developer's engineering consultant must provide a detailed storm water
management design plan/report indicating how storm water collection and disposal will be
handled. There is no piped storm system available on Sandy Point Road. The existing storm
drainage /ditch system along Sandy Point Road outlets to Harrigan Lake.
The Subdivision By -law allows a maximum gradient of 10% for local streets. The National
Building Code speaks to Fire Department use for access on a roadway and that it shall have a
change of gradient not more than 1 in 12.5 (8 %). The average street grades are likely to be
approximately 10% - this is extremely steep. The proposal indicates that due to steep topography
of this hillside location, most of the streets are proposed as single loaded public streets. Single
loaded streets do not lend to maximizing density on a street thereby causing increased
operational expenditures. As well, with the proposed steep grades, operational efficiency
infrastructure (streets and piping) must be considered.
■ There should not be any direct driveways provided onto Sandy Point Road but rather be
contained within the development site.
323
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd,
1450 -1600 Sandy Point Road
Page 5
June 15, 2012
• The proposed street connections to Sandy Point Road must have suitable intersecting grades.
With the existing topography from Sandy Point Road onto the proposed streets, the grades must
be reduced from the streets to the approach with Sandy Point Road. With the proposed
alignment of where the streets will meet Sandy Point Road, there is not much distance before an
angle to incline. This must be designed to minimize the angle and the grade. The developer's
traffic engineering consultant must confirm that there are suitable site distances for the
intersection of the two streets with Sandy Point Road and that they are geometrically suitable.
• The proposed future development parcel, adjacent to Kennebecasis Properties Limited, proposes
two dead ended streets. This is not acceptable.
■ The proposed future development parcel, adjacent to Sandy Point Road, proposes two long cul-
de -sacs. These lengths exceed the By -law requirements. Also, a proposed cul -de -sac on both
ends of a proposed street and the close proximity of a cul -de -sac to the proposed local street
intersection is not acceptable.
Buildings and Inspection Services has no objection to this application.
Saint John Fire Department has no objection to this application, but given the scope of the project,
one and two family, townhouses and apartment buildings, a number of comments are relevant.
■ It is expected that the development of the road network and parking areas will adhere to both the
National Fire and Building Code standards. Section 3.2.5 of The National Building Code of
Canada makes particular reference to the Provisions for Firefighting. The stated provisions shall
he adhered.
• Fire Separations: Fire separation within the building units satisfy the requirements of Fire Walls
and Party Walls as addressed in Section 9. 10.11 of the National Building Code of Canada 1995.
Fire separation between buildings satisfies the requirements of section 9.10.14.11 & 9.10.14.12
of the National Building and Fire Code of Canada 1995 (as it relates to neighboring buildings).
• NFPA 13 Standards for Installation of Sprinkler Systems: The National Building and Fire Codes
provided direction with respect to adhering to the standards for the installation of sprinkler
systems; sprinkler systems are typically required for buildings greater than 3 storeys. Sprinkler
system and standpipe connection shall be review by the Saint John Fire Department prior to
actual placement on the facility. Prior to occupancy, Fire Alarm and Sprinkler System witnessed
test will be required by the Saint John Fire Department Fire Prevention Division.
■ Plans Review: The applicant is reminded that building plans need to be submitted to the
Technical Inspection Division of the Department of Public Safety.
■ Finally, the Saint John Fire department will reserve the right to review the development as it
progresses; nothing within this initial assessment precludes the Saint John Fire Department from
raising additional concerns or recommendations based on the state of the development at a future
date.
324
Kierstead Quigley & Roberts Ltd. tut- 504474 N.B Ltd. Page 6
1450 -1600 Sandy Point Road June 15, 2012
Saint John Transit operates limited service in this area of the City along Sandy Point Road via the
Millidgeville / North route.
Leisure Services has advised that the proposed Land for Public Purpose is not acceptable as it is not
useable to the community due to the steep grade of the property. The area is well served with LPP land
including Tucker Park Beach and Rockwood Park and as such, it is recommended that cash -in -lieu be
sought for Phase 1 of the subdivision.
Real Estate Services has been notified of this application.
Geographic Information Systems (Planning and Development) has stated the proposed public street
name of `Eagles Nest Way' in Phase 1 of the Eagles Nest Subdivision is unique enough and meets NB
9 -1 -1 criteria. This name has been reserved for this subdivision. If the developer proposes new public
street names in future phases of this subdivision, they must be submitted for review.
School District 8 has been notified of this application.
Saint John Energy has been notified of this application.
Bell Aliant has been notified of this application.
Rogers has been notified of this application.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline has stated this area is all
clear of their infrastructure.
BACKGROUND:
On September 9, 1999, Dr. Darrell Gallant made application to the City to amend the Municipal Plan to
permit the creation of four unserviced residential lots on part of the subject lands. The application was
not supported by staff as it was not in conformity with the Millidgeville Secondary Plan (no longer in
effect or force), which called for all new lots to be on full municipal services. At the time of this
application, municipal service extensions had not taken place in this area of the City. After the Public
Presentation period ended, Common Council at their meeting of November 8, 1999, chose not to
advance the application to the Planning Advisory Committee for a recommendation.
In March of 2000, the property owner inquired as to the potential to build a house on one of the two
large properties included in the subject area's land holdings. While the plan policies required full
services for new subdivisions, existing lots could be developed with onsite services. The size and
location of the division between the two lots, as well as the grades on the existing parcels made
construction difficult without an adjustment to the lot boundaries. As there were no new lots being
created, and each lot had the required area and frontage on a public street, approval was given by the
Development Officer. The following month, in April of 2000, a Building Permit was issued for a house,
with on -site services, located on the smaller of the two lots. The final subdivision plan was submitted for
approval and registration in September 2000.
325
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd. Page 7
1450 -1600 Sandy Point Road June 15, 2012
It was in September of 2000, with the submission of the final subdivision plan by Hughes Surveys and
Consultants, the applicant proposed a new configuration for the boundaries of the two lots that had
received the lot boundary adjustment in the spring of 2000. The owner of the subject sites wanted to
create a separate lot for the home that was under construction and retain all of the remaining land as a
separate lot in his company name, with the intent to develop it into a subdivision in the future. In doing
this, the lot for his home would not front onto a public street anymore but would be accessed over a
private right -of -way on the large remnant parcel. As a result of this change, the application required
Planning Advisory Committee approval as was now proposed as a lot without frontage onto a public
street.
The intent behind this proposal was that when municipal services were extended through this part of the
City, allowing all future residential lots to be connected to municipal services as the Millidgeville
Secondary Plan required, the remnant lands could then be subdivided around the proposed private
access, as it was positioned to become part of the public street network serving the entire future
development. The Committee granted approval for the proposed private access based on this
understanding at the time of the application. They also required the owner to assume all responsibility
for the maintenance of this private access road until such time as it was converted into a public street.
In 2004 the property owner had preliminary discussions with City staff regarding the potential for a
future subdivision development on the remnant lands however there was no formal application received
for review or consideration. It was then in January of 2011, the property owner's representative
submitted another Tentative Plan of Subdivision for review and preliminary comments by City staff. A
formal application for the subdivision was subsequently submitted on March 31, 2011. Comments were
sent to the applicant in April of 2011 indicating the need for substantial revisions to the proposed
tentative plan of subdivision prior to a recommendation to proceed with any formal application. In
particular, the applicant was advised by City staff at this time of the new Municipal Plan that was being
prepared for the City and that conformity with the Plan would be required once it was approved by
Council.
Following the formal comments by City staff in April of 2011, the applicant submitted a revised
tentative plan of subdivision for a first phase of the development in May of 2011 as an amendment to the
original March 31, 2011 submission. This first phase proposed the creation of five residential lots along
a new public street, Eagles Nest Way. Over the next six to ten months, City staff met and corresponded
with the applicant's representative regarding this submission and in February of 2012, the application
from March 31, 2011 was returned to the applicant, as City staff had been advised that there was another
development concept being prepared for the site.
On February 14, 2012, a revised tentative subdivision plan was received by City staff from the applicant
that proposed the creation of 27 residential lots. Staff discussed the proposal with the client's
representative and advised that over half of the lots were in the Urban Reserve land use designation,
which would require a Plan Amendment to receive approval. On April 30, 2012, the applicant submitted
the application that is before the Committee, seeking to rezone parts of the subject site to "RM -2" High
Rise Multiple Residential and "TH" Townhouse and subdivide nine residential lots on a new public
street, proposed as Eagles Nest Way. All of the land being considered for subdivision or rezoning with
this application is within the Stable Residential designation.
326
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd. Page 8
1450 -1600 Sandy Point Road June 15, 2012
ANALYSIS:
Subject Site
The subject site has a total developable area of approximately 33.5 hectares. Within this total area, Phase
1 of the proposed tentative plan of subdivision includes nine residential lots with a total area of
approximately 1.79 hectares. The area proposed to be rezoned "RM -2" High Rise Multiple Residential
and "TH" Townhouse is approximately 8.9 hectares. The subject site is located on the north -west side of
Sandy Point Road in the Millidgeville area of the City. It is located north -east of the University of New
Brunswick's Saint John campus and the Regional Hospital and north, north -west of the Rockwood Park
golf course at the top end of Rockwood Park. The property is undeveloped and remains in its natural
state, but for a private access road to a single residence, owned by a shareholder of the company that
owns the subject site.
Surrounding Area
In general, this area of the City is primarily undeveloped with some pockets of large lot residential
development located primarily along Kennebecasis Drive. The proposed subdivision site is bounded on
the north, north -east by existing single family residential development off of Deerwood Place and Sandy
Point Road and undeveloped City -owned Land for Public Purpose (LPP) land which is accessed from
Kennebecasis Drive. To the east, the property abuts Sandy Point Road with a few single family
dwellings and the Rockwood Park Golf Course. To the south of the subject site is primarily undeveloped
land, a few more single family residences and the Cranberry Hill estate development. To the south -west
of the subject site is primarily undeveloped land with some estate development off of Kennebecasis
Drive. Further south of this is the Regional Hospital/UNBSJ Campus.
Proposed Development
Proposed Subdivision
There are three different areas of the subject site being considered for an approval. The applicant has
applied for the land located in the most north, north -west corner of the site to be subdivided into nine
residential lots that would front onto the new public street proposed as Eagles Nest Way, accessed from
Sandy Point Road. This would constitute the first phase of the future subdivision that, according to the
submitted concept plan, would eventually support the development of approximately 92 estate
residential lots, 56 townhouse units, and three multi -unit buildings. Due to the grade of the property, this
first phase of residential lots is proposed to be on a single - loaded public street (a term which refers to a
fully serviced right -of -way with development only fronting on one side of the street). Many sections of
the future public streets throughout the proposed subdivision are also proposed as single - loaded public
streets. The applicant proposes that this area remain in the present "RS -2" One and Two Family
Suburban Residential zone.
327
Kierstead Quigley & Roberts Ltd. tw, 504474 N.B Ltd. Page 9
1450 -1600 Sandy Point Road June 15, 2012
Proposed Rezoning
South of the proposed future public street, Eagles Nest Way, the applicant has proposed the land be
rezoned from "RS -2" One and Two Family Suburban Residential to "RM -2" High Rise Multiple
Residential. This would permit the creation of multi -unit residential buildings that would be accessed
from a future public street below this. To the south of the lands proposed to be rezoned "RM -2" High
Rise Multiple Residential, the applicant has proposed the land to be rezoned from "RS -2" One and Two
Family Suburban Residential to "TH" Townhouse. Again, due to the grade of this property, most of the
future public streets proposed to serve the areas to be rezoned would be single- loaded.
There is insufficient information provided with respect to this proposed rezoning to sufficiently
understand what the applicant intends to develop in the future. There is also concern that due to the steep
slopes encountered in this area that, as with the proposed Phase 1 of the subdivision, the future multi-
unit buildings and townhouse units will be located on roads that are primarily single - loaded public
streets, which is not a sustainable investment in infrastructure and is thus, not in the best interests of the
City.
The developer will be responsible to build the public streets and install the municipal servicing;
however, the City then assumes all future operating and capital costs for maintenance of the streets and
municipal services infrastructure. These costs are significant because the proposed lots are very large in
size and lots on only one side of the street results in even less tax revenue to cover these operating and
capital costs. The proposed lots sizes range in width from 33 -34 metres, with corner lots having much
larger frontage, which is on average approximately 3 lots per 100 metres of frontage. In a standard "R-
2" One and Two Family Residential zone, 100 metres of frontage with lots widths of 18 -20 metres
would yield approximately 11 lots or almost three times the residential yield.
Municipal Plan
The applicant's entire property is within the Primary Development Area and is designated
approximately 50% Urban Reserve and 50% Stable Residential in the Municipal Plan. The portion of the
applicant's property being considered for subdivision and rezoning under this application is all within
the Stable Residential area. The Stable Residential designation describes lands within the Primary
Development Area which are serviced with municipal services and have the potential to accommodate
additional development, at a scale and density consistent with the surrounding context. In this instance,
municipal services have been extended along Sandy Point Road in recent years and thus, this area has
the potential to accommodate future residential development. Given the relatively undeveloped nature in
this area of the City, the opportunity is afforded to support a built -form that will yield higher - density
development than the area's typical large lot residential development. This will ensure the City's
investment in servicing infrastructure is maximized as this area is built -out in future decades. However,
the topography of this site is a limiting factor.
This subdivision proposes the building of new public streets, an investment that is discussed in Chapter
8 of the Municipal Plan. In particular, policy TM -38 speaks to the need to examine applications that
propose the development of new public streets, as this one does, to ensure that the proposed streets are
warranted. In this case, future public streets will be required to access any potential development on this
property, as there is no public road infrastructure on -site. However, the topography limits the ability to
create double - loaded public streets that connect to adjacent public streets outside of the proposed
328
Kierstead Quigley & Roberts Ltd. tur 504474 N.B Ltd. Page 10
1450 -1600 Sandy Point Road June 15, 2012
subdivision. Single - loaded streets are not a sustainable investment as they do not maximize the number
of residents fronting them and an isolated road network that is only accessed by future residents of the
development does not enhance the City's transportation network in this part of the City.
At full build out of this proposed development, approximately 3.4 kilometres of public roadway will be
built and will become the responsibility of the City of Saint John. Of this, approximately 1.4 kilometres
(or approximately 40 %) of the road is currently proposed as primarily single - loaded and the remainder is
proposed to be utilized to support low density, large lot residential development. With further detailed
design of the subdivision, it is anticipated that additional roadway in this subdivision will be required to
be single- loaded because of the grade of this property. The City has a very low population density which
directly affects the ability of the City to efficiently deliver services and enhance the quality of life for
residents. The proposal to build low density estate residential development does not conform to the type
of subdivision development that the City is supporting through the policies and direction in the
Municipal Plan as it does not support the efficient use of municipal infrastructure or the enhancement of
the public transportation network.
Chapter 12 of the Municipal Plan establishes the regulatory basis for the Plan and section 12.3 outlines
the policies to be considered by Council when reviewing development applications requiring their
approval. Policy 1 -2 describes the criteria that Council should have regard to when considering an
amendment to the Zoning Bylaw which includes consideration of the financial capacity of the City to
absorb costs related to the development and ensure efficient delivery of services. It also speaks to the
need to consider the site's suitability in terms of steepness of grade, soil and geological conditions, and
that the proposal satisfies the terms and conditions of Policy I -5, which speaks specifically to Council
establishing timeframes on the phasing and /or completion of development where it is determined that an
application to rezone land is speculative in nature.
This policy also proposes to put time limits on the rezoning in that if the development, or each phase of
the development, is not completed within five years from the date of the rezoning, Council can stop the
development and take steps repeal the rezoning pursuant to Section 39(5) and 39(6) of the New
Brunswick Community Planning Act and the land will revert to its last previous zoning designation.
Policy 1 -6 states clearly that Council may choose not to consider applications to rezone land for
development where Council deems that the development cannot reasonably be completed within ten
(10) years of the coming into force of the rezoning. To ensure the City's interests are protected for the
future, the recommendation for approval includes these provisions.
In this case, given the lack of detail provided by the applicant and the nature of the site, staff consider
this rezoning to be speculative in nature and have included in the recommendation for approval that the
rezoning be subject to a Development Agreement to control the ultimate development proposal on the
property through phasing and the required approval by Council of any proposed future site plan.
329
Kierstead Quigley & Roberts Ltd. fu, 504474 N.B Ltd. Page 11
1450 -1600 Sandy Point Road June 15, 2012
Zoning Bylaw
The property is currently zoned "RS -2" One and Two Family Suburban Residential in the Saint John
Zoning Bylaw. This zone standard provides generous lot sizes for single family and two family
residential dwellings. The proposed lots all meet the minimum requirements of the Zoning Bylaw
standards for this zone.
Subdivision Bylaw
General Layout
The nine lots proposed in Phase 1 of the Eagles Nest Estates Subdivision are large residential lots,
ranging in size from 0.13 hectares to 0.36 hectares in size. They are all proposed on the north side of the
future public street, Eagles Nest Way, due to the steep topography of the area, particularly south of this
proposed public street. This road is intended to provide access to future low density single family
residential lots that appear to be of similar size to those proposed in this first phase.
The steep grades of the subject site result in seven of the nine proposed residential lots having average
grades over 20 %, requiring that the Planning Advisory Committee consider whether or not this is an
appropriate place for residential development. The proposed public street network to serve the entire
future subdivision does not connect to any existing adjacent subdivisions which would provide greater
connectivity to the community; most of the streets will be single - loaded which is not efficient in terms
of utilizing infrastructure; the type of residential development proposed in this subdivision is the lowest
density of any serviced residential product; and there are real concerns with the potential road grades in
this subdivision being too steep to be acceptable for access by emergency vehicles, snow removal
vehicles, and garbage pick -up. Given the direction for growth and development in the City to be of a
more urban nature, and in particular, the need to ensure that new development maximizes infrastructure
investments, the proposal for large residential lots on primarily single- loaded public streets is not in the
best interests of the City.
The topography of the proposed subdivision requires that the Planning Advisory Committee specifically
approve the subdivision pursuant to Section 21(4) of the Subdivision Bylaw. Detailed phasing of the
development, should it be approved, will be determined when infrastructure capacities are reviewed at
the engineering design stage. Provision has been made for roadway linkages to the adjacent lands to the
south of the property and requirements for their construction and extension in future phases will be
components of the Subdivision Agreement entered into between the Developer and the City, however, it
should be noted that the adjacent lands are undeveloped and the majority of the land is designated Urban
Reserve. In the short to medium timeframe, it is not anticipated that the adjacent lands will be
developed, leaving this subdivision isolated from the larger community, and thus the required
infrastructure all being utilized by only future residents of this subdivision.
330
Kierstead Quigley & Roberts Ltd. tu. 504474 N.B Ltd. Page 12
1450 -1600 Sandy Point Road June 15, 2012
Variance
The variance required is applicable to seven of the proposed nine lots in Phase 1: proposed lots 17 -F
through to Lot 23 -F. As per Section 21(4) of the Subdivision Bylaw, where the slope of the land of the
proposed lots exceed 20% the Committee's approval for the subdivision is required. In this instance, the
slope of the land of the proposed lots varies from approximately 23% to approximately 34 %. The steep
grades in this area lead to a requirement to double the minimum lot size for each lot in the RS -2 zone
which creates large residential lots. This results in a subdivision with very low density and the inability
to utilize municipal infrastructure efficiently as a result. For these reasons, it is not recommended that
this proposed Subdivision proceed unless the Slope Stability Study determines these slopes are stable
and suitable to support the proposed development.
It should also be noted that if Phase 1 of this proposed subdivision is approved, once the final survey has
been completed for each proposed lot, if the grade of proposed lot 24 -F, the smallest of the proposed
lots, ends up exceeding 20 %, it will also require a lot area variance under the Hillside Provisions of the
Subdivision Bylaw.
Proposed Land for Public Purpose
The Land for Public Purpose (LPP) requirement for Phase 1 of the proposed subdivision is 6% of the
total area of Phase 1, which equates to approximately 1,078 square metres. The applicant has proposed a
2,860 square metre block of LPP located to the rear of proposed lots 17 -F, 18 -F, and 19 -F, adjacent to an
existing block of LPP. The existing LPP is undeveloped and is difficult to access due to the steep
elevations over much of the property. The proposed block of LPP, although adjacent to the existing LPP,
has grades that exceed 50% on significant parts of the site making it very challenging to utilize. Leisure
Services and Planning and Development staff have discussed this and recommended that this land not be
accepted as LPP.
Given the proposed LPP's inaccessibility and the City's growing need to reinvest in LPP lands that are
useable to the community, it is recommended that cash -in -lieu for LPP be sought from the developer for
Phase 1 of this subdivision. This area of the community is well served with LPP including Tucker Park
Beach and Rockwood Park and thus future residents of this proposed development would not be denied
access to LPP by accepting cash -in -lieu for Phase 1.
Servicing and Access
The proposed subdivision will be required to be serviced with municipal water, sanitary sewer, storm
sewer, underground utilities and paved streets with curb and sidewalk in accordance with the
Subdivision Bylaw servicing standards. If the proposed subdivision is approved, the Subdivision Bylaw
will require the execution of a City/Developer Subdivision Agreement to ensure the required services
and facilities are provided. Detailed engineering plans and design reports, as described in the comments
provided by Municipal Operations and Engineering will be required for the approval of the Chief City
Engineer, with the finalized detailed engineering drawings attached to the Subdivision Agreement.
331
Kierstead Quigley & Roberts Ltd. tut 504474 N.B Ltd, Page 13
1450 -1600 Sandy Point Road June 15, 2012
Municipal Operations and Engineering note the applicant's engineering consultant must provide a
detailed Storm Water Management Plan and design brief indicating how storm water collection and
disposal will be handled. Verification of sanitary sewer capacity and water supply availability and
pressures will also be required. The development may require upgrades to existing infrastructure by the
developer and detailed engineering plans must be submitted prior to determining this. The developer
must design and construct, at their cost, the temporary gravel turn- around as required by Municipal
Operations and Engineering for Eagles Nest Way. This requirement will be incorporated into the
Subdivision Agreement that will be entered into by the City and Developer, should the proposal be
approved.
The Subdivision Bylaw allows a maximum gradient of 10% for local streets and the National Building
Code speaks to Fire Department use for access on a roadway having a change of gradient not more than
1 in 12.5 (8 %). The average street grades in this proposed subdivision are likely to be approximately
10 %, which is extremely steep. The proposal indicates that due to steep topography of this hillside
location, most of the streets are proposed as single loaded public streets. Single loaded streets do not
maximize density on a street which leads to an increase in operational expenditures for public services.
It should be noted that the proposed street connections to Sandy Point Road from this subdivision must
have suitable intersecting grades. With the existing topography from Sandy Point Road onto the
proposed streets, the grades must be reduced from the streets to the approach with Sandy Point Road.
With the proposed alignment of where the streets will meet Sandy Point Road, there is not much
distance before an angle to incline. As Municipal Operations and Engineering have outlined in their
comments, the applicant must design this intersection to minimize the angle and the grade. The
developer's traffic engineering consultant must confirm that there are suitable site distances for the
intersection of the two streets with Sandy Point Road and that they are geometrically suitable.
In terms of future street connections, the proposed future development parcel, adjacent to Kennebecasis
Properties Limited to the south -west, proposes two dead ended streets, something that is not acceptable
from a subdivision design perspective. The proposed future development parcel, adjacent to Sandy Point
Road, also proposes two long cul -de -sacs, both of which have proposed lengths that exceed the Bylaw
requirement. Furthermore, the proposal for a cul -de -sac on both ends of a proposed street and the close
proximity of the cul -de -sac to the proposed local street intersection is not acceptable from a
transportation design perspective. Future phases of this subdivision will require further redesign.
Street Names
The developer has provided the proposed street names, Eagles Nest Way for Phase 1. This name has
been reviewed by the Geographic Information Systems (GIS) division and it is recommended that this
name be accepted. It has been reserved for future use, pending approval.
332
Kierstead Quigley & Roberts Ltd. for 504474 N.B Ltd.
1450 -1600 Sandy Point Road
CONCLUSION:
Page 14
June 15, 2012
The subject site is designated Stable Residential and the proposed lots can be serviced with municipal
services. However, the topography of the proposed subdivision is challenging and requires special
consideration by the Planning Advisory Committee due to the steep grades on -site. The topography also
requires that seven of the nine proposed lots in Phase 1 of the subdivision must double their minimum
lot size to create enough physical space for a future residential dwelling. This will create a subdivision
that is comprised of very low density residential development, most of which will front onto single -
loaded public streets that only serve the proposed subdivision and do not extend to adjacent residential
areas. This type of residential construction is not an efficient use of public infrastructure and should be
carefully considered prior to approval. Furthermore, due to the grade of the property, it is recommended
that the applicant have a qualified professional complete a Slope Stability Study to determine if the
slopes on -site are stable and suitable to development.
The area to be rezoned for high density multi -units and townhouses is also subject to steep grades on the
subject site. With the full build -out of this proposed area having the potential for upwards of 200
residential dwellings, requiring a Slope Stability Study and a Traffic Impact Study are reasonable
requests. Requiring such information as part of the decision making process is not uncommon in other
urban municipal jurisdictions across New Brunswick or other Provinces. Should these studies prove that
the slopes are stable and suitable to support such development, and the potential traffic implications and
road grades can be addressed, the recommendations propose that the subdivision then be brought
forward once again for consideration, and any proposed plans for the area to be rezoned be subject to the
approval of Common Council, as a statutory amendment with the requisite modifications to the
Development Agreement.
M
Project No. 12 -126
333
PLANNING AND DEVELOPMENT 1 URBANISME ET DtVELOPPEMENT
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PI D(s) /N I P(s):
Subject Site/site en question:
55117071
Portion of PID No's 00050823,
Location: 1450-1600 Sandy Point Road
55153332, 55151609, 55145551,
and 55145544
Date: May 24 mai 2012
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Planning
Advisory Committee
July 18, 2012
Your Worship and Councillors:
P.O. Sox 1971 506 658 -2800
Saint John
New Brunswick
Canada S2L 4L1
SUBJECT: Proposed Subdivision - 23 -37 & 24 -40 Linda Court
City of Saint John
The Planning Advisory Committee considered the attached report at its June 19,
2012 meeting. The applicant's representative, Mr. Gerald Roberts of Kierstead
Quigley and Roberts Ltd., appeared to speak in support of his application and was
in agreement with the Staff Recommendation contained in the report.
Mr. Michael Maher, speaking on behalf of the residents of Woodside Park (a
townhouse development adjacent to the subject site), addressed the Committee
requesting additional details about the proposed site improvements (guardrails,
storm water drainage, paving, curbing, exterior lighting and landscaping). Further,
several concerns stemming from how an earlier phase of the development was
undertaken were outlined. These concerns relate to storm drainage, curbing and
paving of the parking lots, and screening vegetation.
In addition to Mr. Maher, two other area residents appeared before the
Committee. Mr. Craig Wood (17 Woodside Park) indicated concerns respecting
the potential for blasting in order to accommodate the development, and Mr.
Pierre Corbin (16 Woodside Park) had questions pertaining to minimum required
depth of landscaping as well as the sequencing of the proposed development and
time restrictions on implementing the site improvements. In addition, five letters
were received expressing concerns with the application (copies attached).
While Mr. Roberts addressed the Committee in response to these concerns, the
Committee tabled the application in order to allow Staff to meet with the area
residents regarding the manner in which the earlier phase was developed.
Subsequent to this meeting, Planning staff prepared a report containing an
overview of the items discussed amongst staff, the developer and the area
residents as well as additional information addressing the questions raised by the
Committee. This report (copy attached) was submitted to the Committee for
consideration at its July 17, 2012 meeting. After considering the matter, the
Committee adopted the Staff Recommendation contained in the original report,
which is set out below for your convenience.
Please note that, as per the Committee's rules of procedure, the Committee was
not able to consider additional comments and neither the applicant nor
337
-2-
neighbouring property owners had a further opportunity to address the
Committee.
Finally, in considering the application, the Committee granted variances from the
requirements of the Subdivision and Zoning By -laws to reduce the amount of LPP
required for the detention pond (Parcel DP -1) from 269 square metres to nil and to
eliminate the requirement for screening vegetation along that portion of the rear of
Lot 12 -1 that is traversed by the municipal, services easement.
RECOMMENDATION:
1. That Common Council assent to one or more subdivision plans, in one or
more phases, for the Allison Heights Subdivision, Phase 2, as generally
illustrated on the submitted tentative plan dated March 18, 2009 as revised
on May 1, 2009 and March 9, 2012, including any necessary municipal
services and public utility easements.
2. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement(s) to ensure provision of the
required work and facilities, including detailed site and drainage plans for
the approval of the Chief City Engineer.
3. That Common Council accept a cash -in -licu payment instead of the
required land dedication' in order to satisfy the Land for Public Purposes
requirement.
4. That Common Council authorize the release of the existing Land for
Public Purposes dedication (PID 00467142) having an area of
approximately 2,087 square metres, identified as the shaded area
straddling the north- western boundary of Lot 12 -6 on the attached photo -
reduced tentative subdivision plan entitled Allison Heights Subdivision,
Phase 2 (Sheet 2), once the cash -in -lieu payment has been paid to the City.
Reesspectfully submi ,
Eric Falkjar
Chairman
PF
Project No. 09 -215
1 The UP requirement for the entire subdivision, including the detention pond, amounts to a land
dedication of 2,469 square metres or a cash -in -lieu payment of $7,173. If the variance to eliminate
the UP requirement for the detention pond is granted, these figures would be reduced to a
required land dedication of 2,199 square metres or cash -in -lieu payment of $6,388.
338
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00313866,
Location: 23 -47 & 24 -40 cour Linda Court 00467076,
00467084,
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Date: May / mai 22, 2012 00467100,
00467118,
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The City of Saint John
DATE: JUNE 15, 2012
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF JUNE 19, 2012
PREPARED BY: REVIEWED BY:
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Patrick Foran Mark Reade, P. Eng., MCIP, RPP
Planning Officer Senior Planner
SUBJECT:
Name of Applicant: Kierstead Quigley and Roberts Ltd. (c /o Gerald Roberts)
Name of Owner: A.E. McKay Builders Ltd.
Location: 23-37 & 24 -40 Linda Court
PID: 00313866, 00467076, 00467084, 00467092, 00467100, 00467118,
00467142 and 55188445
Municipal Plan: Stable Residential
Zoning: "RM -1" Three Storey Multiple Residential
Proposal: To undertake a boundary adjustment and exchange of Land for
Public Purposes (LPP) in order to facilitate the development of six
eighteen -unit apartment buildings.
Type of Application:
r"
SAENT JOHN
Subdivision, approval for the creation of a lot having access other
than a public street and variances to:
1) reduce the amount of LPP required for the detention pond
(Parcel DP -1) from 269 square metres to nil; and
P.U. Boy 1971 5 int John, N3 CanAda EH -L.1 vvmvsaintjohn.ea C.P. 13i1 Sa °n± Join, .'. . Cemada Eli_ 41
342
Kierstead Quigley and Roberts Ltd.
23 -37 & 24 -40 Linda Court
Page 2
June 15, 2012
2) eliminate the required screening vegetation at the rear of Lot
12 -1 that is traversed by the municipal services easement.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of land for public purposes, municipal services and public utility easements, and
the authorization of City /Developer Subdivision Agreements in conjunction with the subdivision of
land.
The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the
requirements of the Zoning By -law. The Committee can impose conditions.
In addition, the Subdivision By -law authorizes the Committee to the creation of a lot with access other
than a public street.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council assent to one or more subdivision plans, in one or more phases, for the
Allison Heights Subdivision, Phase 2, as generally illustrated on the submitted tentative plan
dated March 18, 2009 as revised on May 1, 2009 and March 9, 2012, including any necessary
municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of a City/Developer Subdivision
Agreement(s) to ensure provision of the required work and facilities, including detailed site and
drainage plans for the approval of the Chief City Engineer.
That Common Council accept a cash -in -lieu payment instead of the required land dedication, in
order to satisfy the Land for Public Purposes requirement.
4. That Common Council authorize the release of the existing Land for Public Purposes dedication
(PID 00467142) having an area of approximately 2,087 square metres, identified as the shaded
area straddling the north - western boundary of Lot 12 -6 on the attached photo- reduced tentative
subdivision plan entitled Allison Heights Subdivision, Phase 2 (Sheet 2), once the cash -in -lieu
payment has been paid to the City.
5. That the Planning Advisory Committee grant the following variances from the requirements of
the Subdivision and Zoning By -laws to:
1 The LPP requirement for the entire subdivision, including the detention pond, amounts to a land dedication of 2,469 square
metres or a cash -in -lieu payment of $7,173. If the variance to eliminate the LPP requirement for the detention pond is
granted, these figures would be reduced to a required land dedication of 2,199 square metres or cash -in -lieu payment of
$6,388.
343
Kierstead Quigley and Roberts Ltd.
23 -37 & 24 -40 Linda Court
Page 3
June 15, 2012
a) reduce the amount of LPP required for the detention pond (Parcel DP -1) from 269 square
metres to nil; and
b) eliminate the requirement for screening vegetation along that portion of the rear of Lot 12 -1
that is traversed by the municipal services easement.
BACKGROUND:
In 1976, Common Council assented to Phase 1 of the Allison Heights Subdivision, which was to consist
of ten twelve -unit apartment buildings along a new public street (Linda Court), which was to extend
northward from Loch Lomond Road a distance of approximately 325 metres. The Land for Public
Purposes (LPP) dedication of 2,087 square metres was originally intended to be adjacent to the LPP
dedication that vested with the City as part of the Ellerdale Place development (PID 00379669).
However, since this area was quite distant from Phase 1, an interim parcel (PID 00467142) was set
aside with the intention that this land would revert to the developer at such time as the larger parcel of
Land for Public Purposes was vested with the City.
Only four lots of the original subdivision have been developed, the remaining six have sat undeveloped
since the subdivision plan was registered thirty -six years ago. In addition, while the public street right -
of -way for Linda Court vested with the registration of the subdivision plan, the actual street remains
unconstructed beyond its first 100 metres (approximately).
The balance of the original subdivision area was acquired by A.E. McKay Builders Ltd. in late 2005 /
early 2006 with the intention of constructing six eighteen -unit apartment buildings, one on each of the
remaining vacant lots. Construction of the street (including installation of water and sewer services) to a
suitable City standard was included as part of this proposal, as was a property boundary adjustment and
Land for Public Purpose exchange similar to the present application. However, a useable open space
variance was denied and the application was not approved. This issue has since been resolved and the
applicant has submitted a revised proposal that also includes a stormwater detention pond to address the
servicing issues.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments on this proposed subdivision:
• Detailed engineering drawings, dated January 17, 2012, have been provided to this Department for
review and approval.
• An engineering water and sewer analysis has been provided by the developer's engineering
consultant in order to determine the impact this development will have on the existing water and
sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the
existing systems.
• The developer's engineering consultant has confirmed that the existing water system on Loch
Lomond Road is of sufficient quantity for the proposed development; however, a private booster
station for each apartment will be required and will be the responsibility of the developer. The
developer has been advised of this and is in agreement that it is his responsibility.
• The developer's engineering consultant has confirmed that the existing sanitary sewer is capable of
receiving the anticipated peak flows.
344
Kierstead Quigley and Roberts Ltd.
23 -37 & 24 -40 Linda Court
Page 4
June 15, 2012
• All grades for water and sewerage systems have been verified by the developer's engineering
consultant.
• As confirmed by the developer's engineering consultant, a storm water detention pond is required
for this development. The pond is to be located as identified on the Tentative Subdivision Plan,
identified as Parcel DP -1.
• The proposed municipal services easement through the proposed Lot 12 -1 to the Detention Pond is
as required based upon the detailed engineering design. In addition to the required municipal
services easement, the City may require a deeded City access to allow City vehicles to access the
pond. Legal will have to verify if access to the pond can be provided by a municipal services
easement rather than a deeded right -of -way. This access must be constructed to a City standard that
allows for proper access /egress. A turnaround area may also be required to accommodate vehicles.
The developer's engineering consultant must confirm proper vehicle manoeuvrability at this location
and provide this information to the City for review.
• The detention pond must be fenced with required gating.
• The developer must also provide to the City, a right to overflow /drain storm water onto the
developers land, i.e. approximately located on the developer's land, east of DP -1. This was a design
requirement of the developer's engineering consultant.
• Proper landscaping and vegetation around the pond is encouraged.
• All necessary permits and approvals must be received from the City prior to working within the City
R -O -W.
Buildings and Inspection Services has indicated that it has no applicable comments to offer on this
proposal at this time.
Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned
application. There is no objection to this application provided that the National Building & Fire Codes
are adhered to and that the plans are submitted to the Department of Public Safety Building and
Technical Inspections Division for review.
Some of the areas of concern within the National Building and Fire Codes include:
• An AC /DC fire alarm system is required for his entire building. Fire alarm panel or remote
annunciator shall be located at the main entrance to the building. Manual pull stations are required at
all exit doors including interior doors entering exit stairwells at each level. Smoke detectors
connected to the fire alarm system are required in public corridors and at the top of each stairwell.
• Installation and testing of the AC /DC fire alarm system shall conform to 2010 NBC3.2.4,
CAN/ULC- 5524 -M and CAN/ULC- 5537 -M.
• The automatic sprinkler system shall be designed and installed in conformance with the 2010 NBC
and 2010 NFPA 12.
• A fire hydrant is required within 45m of the fire department sprinkler connection.
• Any garbage enclosures, garbage dumpster, storage sheds etc., shall be located a minimum of 6m
(20 Feet) from any building.
• Proper Fire Separations must be maintained throughout the building based on NBC & NFC 2010.
• Apartment entrance doors shall be fire listed for a minimum of 20 minutes and required self closing
devices and fire listed latching devices.
345
Kierstead Quigley and Roberts Ltd. Page 5
23 -37 & 24 -40 Linda Court June 15, 2012
• Hardwired (Electric) smoke alarms are required in each bedroom and also in corridors outside of
bedrooms. All smoke alarms shall be interconnected so that operation of any 1 causes all alarms to
sound.
• Approved, portable, wall mounted fire extinguishers are required. Must be located at each level of
the building and travel distance cannot exceed 22.8 m (75Ft.) Size as 2AIOBC or equivalent.
• AC /DC emergency lighting is required for exits and access baths leading to exits.
• Continuously illuminated exit signs are required at exits and necessary through the floor area clearly
indicate the direction of exit travel
• A fire safety plan is required for each apartment building; such plan may be obtained by contacting
the Saint John Fire Department Fire prevention Division at 658 -2962.
In addition to the above, the design of the apartment buildings shall ensure that there are adequate
turning facilities, property access and hydrant placements throughout.
Finally, the Saint John Fire Department is to be notified of the time and date that any alarm, standpipe or
sprinkler system is to be tested prior to any occupancy of the building is permitted. Such testing must be
witnessed by the Saint John Fire Department Fire Prevention Division.
Saint John Transit advises that the entrance to Linda Court is on the Loch Lomond service and this
area is very close to a main line at the corner of McDonald Street and Loch Lomond Road,
Leisure Services has indicated that there are other parcels of public lands nearby that serve the
recreational and leisure needs of the community namely the public playground area on Ellerdale Street,
and the fields at Bayview Middle School. A little further away is the Ross Memorial — Jervis Bay
Park. The lands offered to satisfy the LPP requirement do not have high value so we recommend taking
cash -in -lieu. Furthermore, it would be appropriate to remove the stormwater detention pond area from
the calculation of LPP lands owned.
Saint John Energy has been advised of the application.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline advise that the area is all
"clear" and that the proposal is not near any pipeline facilities.
ANALYSIS:
Site and Neighbourhood
The subject site is situated at the end of Linda Court, a short dead -end street just to the northeast of the
new transit garage at the intersection of Loch Lomond Road and McDonald Street in the City's East
Side. The site is comprised of six vacant lots, a parcel of Land for Public Purposes, and portions of the
original remnant lot, all of which are presently covered with mature vegetation.
The surrounding area is semi -urban in character, with the Loch Lomond Place Business Centre
(anchored on the Loch Lomond Mall) being to the southwest and higher concentration residential uses to
the west and northwest, such as the Woodside Park townhouse development and the Ellerdale
Investments apartment complex. To the east of Linda Court remains largely undeveloped, with Saint
Mary's Cemetery and the landscaped buffer of the Irving Oil refinery property comprising the only land
346
Kierstead Quigley and Roberts Ltd. Page 6
23 -37 & 24 -40 Linda Court June 15, 2012
uses along the south side of Loch Lomond Road, while there are only a few sporadically placed single -
family dwellings along the north side of the road until St. Joachim's church near the intersection with
Commerce Drive, approximately 1,000 metres (3,300 feet) to the east
Development Proposal
The applicant is proposing to construct six eighteen -unit apartment buildings, with each apartment block
containing six one - bedroom units and twelve two - bedroom units, each with a 2 metre x 3 metre (6 feet x
10 feet) deck for private amenity space. The six lots would be self-contained, with no interconnectivity
of driveway accesses or parking areas, and the provisions of the Zoning By -law can be respected (the
one exception requiring a variance is addressed later in this report).
As part of the proposal, it is necessary for the applicant to adjust the boundaries of the existing lots in
order to satisfy the Zoning By -law's minimum lot area requirement. In addition to minor modifications
to the side and/or rear property lines, an exchange of the Land for Public Purposes dedication is being
proposed. As indicated in the Background section of this report, the original location of the Land for
Public Purposes was intended to be further to the northeast and the LPP location shown on the attached
tentative subdivision plan is consistent with this location.
Provision of Street Work and Facilities
In order to accommodate the proposed development, an extension of the Linda Court roadway is
required. The developer will be responsible for undertaking the necessary street improvements, as
outlined in the Subdivision By -law, subject to the approval of the Chief City Engineer. More
specifically, these improvements are the installation of the necessary water and sanitary sewer system
extensions, drainage improvements, and street / sidewalk construction.
If the proposal is approved, the street improvements will need to be coordinated with the construction of
the apartment buildings. Consequently, the Staff Recommendation includes all the necessary assents and
approvals for the tentative plan, easements, and City/Developer Agreements, etc.
Land for Public Purposes
The developer is proposing to adjust the boundaries of the six existing lots which would involve
incorporating a portion of the existing Land for Public Purposes (LPP) dedication, while the remainder
of the existing LPP would be consolidated with the larger parent property (PID 00313866). In order to
satisfy the LPP requirement of the original subdivision, the applicant is proposing to give the City a
parcel of equal size further to the northeast.
Further, because the boundaries of the original subdivision would be expanded, additional LPP would be
required. Specifically, an additional 112 square metres is required due to the increased area of lots 12 -2,
12 -3 and 12 -6, and an additional 269 square metres is required based on the area of the detention pond
(Parcel DP -1). The applicant has indicated that the additional LPP required for the former can be
provided, but is requesting a variance on the latter given that the detention pond lot would become part
of City -owned stormwater management infrastructure and not a building lot.
347
Kierstead Quigley and Roberts Ltd. Page 7
23 -37 & 24 -40 Linda Court June 15, 2012
The release of the existing LPP dedication would facilitate the boundary adjustment necessary to allow a
higher density development. While the original proposal of twelve -unit buildings remains an adequate
density level, the proposed eighteen -unit buildings would be more in keeping with the provisions of the
new Municipal Plan regarding higher densification. Further, the applicant is proposing to provide
compensatory LPP elsewhere, at a location originally considered acceptable to Common Council. In
light of the above, the release of the existing LPP dedication can be supported.
Concerning the proposed parcel to be provided in exchange for releasing the existing LPP lands, neither
the original land dedication nor the adjacent LPP dedication to the north have been developed or utilized
in approximately thirty -five years. As indicated in the comments from Leisure Services, the
development is in close proximity to several existing leisure facilities and it is therefore not anticipated
that resources would be devoted to developing the proposed land dedication. As Leisure Services is
presently in the process of identifying and divesting itself of surplus lands as part of the P1aySJ
initiative, they are not recommending a land dedication in instance but do support a cash -in -lieu
payment as an alternative. For these reasons, as well as the fact that it would facilitate future
development on the remnant parcel, more specifically the eventual looping of Linda Court to Loch
Lomond Road, this position is supported by Planning Staff as reflected in the Staff Recommendation.
With regard to the variance, the LPP calculation includes 8% of the area of the stormwater detention
pond (Parcel DP -1). The Subdivision By -law generally exempts infrastructure (public streets, for
example) from the LPP requirement, however the By -law predates the current stormwater management
criteria and there is no specific exemption for detention ponds. Given that the detention pond is not a
building lot but part of the City -owned infrastructure similar to public streets which are not subject to
the LPP calculation, Staff can support waiving the LPP requirement of 269 square metres based on the
area of the detention pond.
Lot on an Access and Variance
As illustrated on the submitted tentative subdivision plan, each of the six building lots would have direct
access to a public street, Linda Court, however, the proposed detention pond, Parcel DP -1, would not.
Instead, this parcel would have access via an access / municipal services easement traversing Lot 12 -1.
The Subdivision By -law does permit access by means other than a public street, subject to the approval
of the Planning Advisory Committee.
In this instance, the proposed lot would not be used for development purposes but would only be utilized
for the proposed detention pond. Municipal Operations and Engineering has indicated that the proposed
means of access is suitable from an operations perspective and, given the intended purpose of the site,
Planning Staff is also satisfied in this regard. Consequently, approval to create the proposed parcel DP -1
having access by means other than a public street, as generally illustrated on the attached tentative
subdivision plan, can be supported.
In addition, in order to provide vehicular access to the detention pond, a variance from the requirements
of the Zoning By -law is necessary for Lot 12 -1. The By -law requires that a landscaped buffer with a
2 Should the Committee not be in concurrence with the Staff Recommendation, it should be noted that the submitted tentative
does not indicate any means of access from Linda Court to the proposed LPP dedication. Therefore, if the Committee
chooses to recommend a land dedication, adequate provision for access, such as a right -of -way in favour of the City, should
be included as part of its recommendation.
.•
Kierstead Quigley and Roberts Ltd. Page 8
23 -37 & 24 -40 Linda Court June 15, 2012
minimum depth of 2 metres, containing screening vegetation designed in a manner to interfere with
vehicle headlights shining across property lines, is required along the sides and rear of parking area. To
allow City work crews to access the detention pond, it would not be possible to implement this required
landscaping along the portion of the buffer traversed by the municipal services easement (an area
measuring 2 metres x 10 metres).
The intent of this provision is to minimize the traffic impact on adjacent properties. Given that the
catalyst for this variance is the need to provide vehicular access to the detention pond, plus the fact that
the only properties that would be affected would be the City -owned detention pond and the applicant's
vacant remnant lot, it is not anticipated that the lack of screening vegetation along this portion of the rear
yard of Lot 12 -1 would result in any significant impact on surrounding property owners. This variance is
considered minor and, for the reasons outlined above, can be recommended for approval.
CONCLUSION:
The subject proposal is generally consistent with the original proposal from 1975 as well as the revisions
submitted in 2009. The proposed increase in density is consistent with the policies of the Municipal Plan
although in order to facilitate the proposed development an exchange of Land for Public Purposes is
necessary. The release of the existing LPP dedication would allow the proposed residential density to
conform to the requirements of the Zoning By -law (landscaping, parking, etc.) however, as indicated by
Leisure Services, a cash -in -lieu payment would be preferred instead of a replacement parcel of land
being provided elsewhere.
Further, the proposed development would be constructed in accordance with the necessary street and
servicing improvement standards. In order to satisfy the criteria of the City's stormwater management
policy, the applicant is proposing a detention pond that would be accessed via a right -of -way / municipal
services easement. Although the proposed parcel would not have access via a public street and would
also require a landscaping variance, given the nature and function of the detention pond, these
relaxations of the By -law standards can be considered appropriate.
Consequently, Staff is recommending the necessary approvals to facilitate the proposed development.
This recommendation also includes the necessary assents and approvals for the tentative plan,
easements, and City/Developer Agreements, etc.
PF
Project No. 09 -215
349
PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT
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00313866,
Location: 23 -47 & 24 -40 cour Linda Court 00467076,
00467084,
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Date: May / mai 22, 2012 00467100,
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00467142 and
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LAWSON PROPERTY MANAGEMENT INC.
Harbour Building, 133 Prince William Street, Saint John, N.B., F2L 2B5 Telephone- (506) 652 -1177
Fax: (506) 652 -1562
E-mail. jlawsonCnb.aibn.com
www.lawson propertyman agement nc. rom
June 13, 2012
Mr. Patrick Foran, Planning Officer
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Re: Proposed Subdivision and Variances - 2347 & 24 - 40 Linda Court
Dear Mr. Foran:
wjy'
I an writing on behalf of my clients, one who owns 12 Linda Court and another who owns 18 Linda
Court. Lawson Property Management Inc. manages both properties and, in both cases, my clients
are concerned about having the Detention Pond located directly behind their property. The various
possible things that could cause problems include:
water back -up into basement apartments
safety factor of having water source nearby.
It would be preferable to have the pond located elsewhere on the site as we do not support its
construction of the existing location.
If our request is denied, we would like you to consider the following points.
❑ request screening vegetation around the pond
❑ ensure water will dissipate and not accumulate as I understand detention ponds are supposed
to do
❑ re- grading of the site vt ill be done
Ci parcel only accessible from easement along Lut 12 -1
❑ be sure through the by -laws that the work required by the developer that is supposed to be
done is actually done
• due to the high density, we suggest a public park area in exchange (park space)
• properly maintain the pond
❑ before the permit is issued, can the site work be completed - just to ensure it is done properly.
The past experience of this developer completing the site .work is not good. The site work
at the two buildings he built several years ago has not been completed.
Thank you for your consideration and I will contact you on June 15, 2012, to request a copy of the
recommendations to PAC.
t�hnLawson
do perty Manager
357
Mr. Patrick Foran
Planning Officer
City of Saint John,
P.O.Box 1971,
Saint John, N.B.
E21, 4L1
June 12, 2012
Dear Mr. Foran
J-j 1 5 2012
Re: Proposed Subdivision and Variances - 23 -47 & 24 -40 Linda Court
Thank you for your letter dated May 28, 2012. regarding the above matter. On reviewing
the above proposal for variances in the proposed Development at Linda Court I beg to
differ that the Planning Advisory Committee's approval of a variance to reduce the
additional amount of land for public purposes required from 381 square metres to approx.
112 square metres is retroactive and probably should not be allowed..
Having been an occupant and tax payer in the area for the last five decades, I realize
that having green space amongst the residential development is of utmost importance for
future recreational purposes, not only for the elderly but for the young.
I also notice that of late there are at times rows of parked cars lining on either side of
the apartment buildings at Linda Court since the recent development.
Hoping you will consider my comments constructive and helpful,
Si erely,
J T. Yan M.D.
43 Loch Lomond Road
Saint John, N.B.
E2J 1 Y
358
Foran. Patrick
From: External - Planning
Sent: June -15 -12 4:28 PM
To: Foran, Patrick
Subject: FW: Proposed Subdivision and Variances 23 -47 & 24 -40 Linda Court Attn: Patrick
Foran
Attachments: screening for detention pond jpg
)rOVII�e:.
Growth & Development Services Services de developpement et de croissance
The City of Saint John
T: (506) 658 -2835
F: (506) 658 -2837
From: Paul Marshall [ mailto :p_w_marshall @hotmail.com]
Sent: June -15 -12 1:38 PM
To: External - Planning
Subject: Proposed Subdivision and Variances - 23 -47 & 24 -40 Linda Court Attn : Patrick Foran
To: Planning Advisory Committee, City of Saint John, Attn: Patrick Foran
Upon receiving and reading a recently received copy of the Proposed Subdivision and Variances -23-47 & 24 -40 Linda
Court, my wife and I would like to inform The Planning Advisory Committee that our concern is where the proposed
detention pond borders with the back portion of our property. We would like to request that as much as possible of the
existing mature vegetation bordering our property and the proposed detention pond be left for screening. Please see
attachment. We would like to thank you in advance for your consideration on this matter.
Sincerely
Paul and Ann Marshall
261 Loch Lomond Rd.
Saint John, N.B.
E2] 1Y6
359
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Foran, Patrick
From: External - Planning
Sent: June -18 -12 11:14 AM
To: Lockhart, Lynda; Foran, Patrick
Subject: FW: To Mr. Patrick Foran, Planning Officer
From: J yang [mailto:john_yang83 @yahoo.com]
Sent: June -16 -12 1:09 AM
To: External - Planning
Subject: To Mr. Patrick Foran, Planning Officer
Mr. Patrick Foran,
Planning Officer
City of Saint John
Dear Mr. Foran,
Re Proposed Subdivision & Variances -23-47 & 24-40 Linda Court
Further to my letter of June 12, 2012 1 would like to re- iterate that reducing the amount of
green space for public purpose is retroactive in preventing
overcrowding. Consideration should also not be given to the suitability of providing a
cash -in -lieu instead of a land dedication for the same reason, despite my
realization of the City's recent economic situation.
Thanking you for your understanding,
Yours sincerely,
John T. Yang, M.D.
243 Loch Lomond Road,
Saint John, N.B.
E2J 1 Y6
361
LAWSON PROPERTY MANAGEMENT INC.
Harbour Building, 133 Prince William Street, Saint John, N.B., Eli, 2B5 Telephone: (506) 652 -1177
Fax: (506) 652 -1562
E -mail: jiawson @nb.aibn.com
www. lawsonpropertymanagementinc.com
June 21, 2012
Mr. Patrick Foran, Planning Officer
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Re: Proposed Subdivision and Variances - 23 -47 & 24 - 40 Linda Court
Dear Mr. Foran:
I am writing on behalf of my clients, one who owns 12 Linda Court and another who owns 18 Linda
Court. Lawson Property Management Inc. manages both properties and, in both cases, my clients
are concerned about having the Detention Pond located directly behind their property.
We present the following two suggestions for your consideration:
making "landscape compliance of existing McKay property' a pre- requisite for further
proceedings of the McKay application
the City of Saint John exercise a "cash -hold for performing all required actions" from Mr.
McKay.
If these two conditions were met, it would alleviate most of the concern expressed by my clients.
Thank you for your kind consideration of the above and I look forward to hearing from you at your
earliest convenience.
Lawson
;rty Manager
362
JUN 25 2u12
DATE:
TO:
FROM:
FOR:
SUBJECT:
Introduction
JULY 13, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING PLANNING AND DEVELOPMENT
MEETING OF JULY 17, 2012
191007:1:i0016 -ya
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
23 -37 & 24 -40 Linda Court Development
The Planning Advisory Committee, at their meeting of June 19, 2012 tabled the above application
pending a supplemental report from a meeting with adjacent residents, the developer and Planning Staff
regarding the completion of deficiencies from a previous development. These deficiencies relate to
storm drainage, curbing and paving of the parking lots, landscaped screening and lighting / headlight
trespass.
The application before the Committee at their June 19, 2012 meeting dealt with Lands For Public
Purposes (and associated boundary readjustment) and the creation of a lot for a detention pond which
will not have direct access to a Public Street. Aside from the Committee's recommendation on the
proposed Lands for Public Purposes dedication and access to parcel DP -1, the application also involved
two variances to:
reduce the required Lands for Public Purposes for the detention pond, and
eliminate the required screening vegetation for a portion of one of the future apartment building
lots where an easement will provide access to the proposed lot containing the stormwater
detention pond.
The lands are zoned "RM -1" Three Storey Multiple Residential which permit the construction of the
proposed multiple unit dwellings.
SAINT JOHN
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363
Kierstead Quigley & Roberts Ltd. Page 2
23 -37& 24 -40 Linda Court July 13, 2012
Outstanding Issues
Adjacent residents at the June meeting raised specific issues with the past developments at 11 Linda
Court and 17 Linda Court that City Staff have reviewed. These issues are discussed below.
Storm Drainage — Construction of the buildings at 11 and 17 Linda Court predate the City's
Stormwater Design Criteria Manual. The Manual was used by the City beginning in 2008 with building
permits issued for 11 Linda Court and 17 Linda Court in 2005 and 2006 respectively. Any outstanding
issues relating to drainage between adjacent landowners would be a private civil matter.
Issues were also raised regarding a pipe draining water onto the adjacent lands along Woodside Park.
This matter was the subject of enforcement by the City and has been rectified.
Parking Area Curbing and Paving - The parking lots of the buildings located at 11 and 17 Linda
Court have been paved to meet the requirements of the Zoning By -law. They now meet the requirements
of the Zoning By -law with respect to surfacing and drainage (i.e. surfaced with an all- weather dust free
surface).
Exterior and Parking lot lighting / Landscaped Screening - Based on the information provided by the
adjacent residents, there is light trespass from the exterior lighting of the building(s) onto the adjacent
properties along Woodside Park. This is a result of the lack of the required landscaping or fencing not
being constructed by the developers of these buildings as required by the Zoning By -law. A site visit
on July 3, 2012 confirmed that these issues are outstanding at 11 Linda Court and 17 Linda Court.
Buildings and Inspection Services has been made aware of these issues.
Meetine with Developer and Adiacent Residents
At the June meeting staff stated that they would discuss the matter with the adjacent residents and the
applicant / developer. The Committee tabled the application for a month pending a meeting with
Planning Staff, the developer and adjacent residents. Planning Staff, the property owner of lands in the
application (Andrew McKay) and Gerry Roberts (applicant's surveyor) met with the approximately 15-
20 residents on -site on Tuesday July 3, 2012.
Discussion at the meeting included past issues associated with the construction of the buildings on Linda
Court including drainage, notification regarding construction and deficiencies related to the construction
of buildings at 11 and 17 Linda Court. The main issue was outstanding deficiencies associated with the
construction of the building at 17 Linda Court. Andrew McKay stated he was not the actual builder of
the building at 17 Linda Court but the owner and sold the project prior to completion and that
completion of the project was the responsibility of the purchaser.
The adjacent residents' representative, Michael Maher expressed residents' concerns relating to guard
rails, drainage, lighting and paving and curbing of the parking area in the next phase of the proposed
development. The developer stated that his intent is to construct a landscaped berm between the parking
areas of the new buildings and the lands along the Woodside Park development. This would provide a
visual buffer, meet the purpose of the guard rail and divert water from flowing onto the adjacent
Woodside Park lands. The developer will attempt to work with the owner of the property at 17 Linda
Court to extend this berm along the parking area at 17 Linda Court adjacent to the Woodside Park
properties. Planning Staff stated that there is currently no specific requirement in the Zoning By -law for
these parking lots to be curbed and that as the proposed development can meet the requirements of the
364
Kierstead Quigley & Roberts Ltd.
23 -37& 24 -40 Linda Court
Page 3
July 13, 2012
existing "RM -1" Three Storey Multiple Residential zoning, the Committee has no approval role with
respect to development on these sites.
The developer also noted that it is his intent to retain trees along the property line adjacent to the
Woodside Park lands and that all parking lot drainage will be directed to the City's storm sewer system.
The developer also will review the lighting on the proposed buildings to choose fixtures that minimize
light trespass.
Bonding / Sccurity
Committee Members also raised a question regarding the ability to require the builder to provide
security to ensure completion of the work. It is important to note that the development as proposed and
shown on the plans provided meets the requirements of the City of Saint John Zoning By -law with the
exception of the variance required to provide access to the detention pond.
The requested variance for the elimination of the screening requirement at the rear of Lot 12 -1 does not
pertain to the issues being experienced by the Woodside Park residents. This variance is to allow for
access to the proposed stormwater pond to be constructed on Lot DP -1 through a Municipal Services
Easement. Adjacent residential lands would not be impacted by this relaxation of the by -law standard.
Currently, the Community Planning Act makes the following specific provisions for bonding or security
by a Municipality:
• Where conditions are being attached to a rezoning under Section 39 of the Act, Council may
require such person to deliver a performance bond, negotiable instrument or other security
acceptable to the council assuring implementation of the agreement (Section 39(8)).
The City's Subdivision By -law (Section 25(10)) requires security for the construction of streets,
utilities or other facilities where a new Public Street and associated infrastructure are being
constructed (This is enabled through Section 42(3) 0) (ii) (c) of the Act). However this security
only applies to infrastructure that will eventually be turned over to the Municipality.
Should bonding or security be required for an instance other than under Section 39 or 42 of the
Community Planning Act, the developer would have to be in agreement with the provision of security
and the City and the developer would have to enter into an agreement under Section 101 of the Act in
accordance with the authorization of Council.
The Committee's role pertaining to the development of the sites is quite limited in the current
application, with the only variances relating to the Lands for Public Purpose requirement and the
elimination of screening for a portion of the rear yard of Lot 12 -1 adjacent to the detention pond parcel.
While the PAC can impose conditions, the conditions have to apply to the variance being requested and
as such would pertain only to the variance on Lot 12 -1. Any applicable bonding or security would have
to directly pertain to variance regarding Lot 12 -1 and none of the other lots in the proposed subdivision
as a variance is not being requested for development of those lots.
The recommendations regarding the assent to the location of parkland and easements, preparation of a
City / Developer Subdivision Agreement and parkland / cash -in -lieu acquisition do not affect the
365
Kierstead Quigley & Roberts Ltd.
23 -37& 24 -40 Linda Court
Page 4
July 13, 2012
adjacent lands on Woodside Park. Each application must be judged on its individual merits and not
based on issues that have arisen on previous developments involving the applicant.
Conclusion
The majority of the issues raised by adjacent residents either pertain to ongoing enforcement and
discussions between the property owners on Linda Court and the City or are outside the jurisdiction of
the Planning Advisory Committee on this application.
Staff are of the opinion that the discussion between the developer and adjacent residents clarified the
developer's intent for future development.
Enforcement of past deficiencies is a separate issue from the current application and it is not appropriate
for Staff, the Committee or Council to combine these issues with the current application. As such, Staff
is recommending the necessary approvals to facilitate the proposed development as outlined in our
report presented at the June meeting.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council assent to one or more subdivision plans, in one or more phases, for the
Allison Heights Subdivision, Phase 2, as generally illustrated on the submitted tentative plan
dated March 18, 2009 as revised on May 1, 2009 and March 9, 2012, including any necessary
municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of a City /Developer Subdivision
Agreement(s) to ensure provision of the required work and facilities, including detailed site and
drainage plans for the approval of the Chief City Engineer.
3. That Common Council accept a cash -in -lieu payment instead of the required land dedication' in
order to satisfy the Land for Public Purposes requirement.
4. That Common Council authorize the release of the existing Land for Public Purposes dedication
(PID 00467142) having an area of approximately 2,087 square metres, identified as the shaded
area straddling the north - western boundary of Lot 12 -6 on the attached photo- reduced tentative
subdivision plan entitled Allison Heights Subdivision, Phase 2 (Sheet 2), once the cash -in -lieu
payment has been paid to the City.
5. That the Planning Advisory Committee grant the following variances from the requirements of
the Subdivision and Zoning By -laws to:
a) reduce the amount of LPP required for the detention pond (Parcel DP -1) from 269 square
metres to nil; and
1 The LPP requirement for the entire subdivision, including the detention pond, amounts to a land dedication of 2,469 square
metres or a cash -in -lieu payment of $7,173. If the variance to eliminate the LPP requirement for the detention pond is
granted, these figures would be reduced to a required land dedication of 2,199 square metres or cash -in -lieu payment of
$6,388.
366
Kierstead Quigley & Roberts Ltd.
23 -37& 24 -40 Linda Court
Page 5
July 13, 2012
b) eliminate the requirement for screening vegetation along that portion of the rear of Lot 12 -1
that is traversed by the municipal services easement.
MR
Project No. 09 -215
367
16 July 2012
ROTHESAY
Mayor Mel Norton and
Members of Common Council
City of Saint John
Box 1971
Saint John, NB
E2L 41_1
1"50 wea',d ✓"xc a meo_ 20 0
Dear Mayor Norton and Councillors:
RE: Regional Growth Strategy
i Y
"_
70 Hampton Road
Rothesay, NB
Canada E2E5L5
�-
T: 506- 848 -6600
F: 506- 848 -6677
Rothesay @rothesay.ca
www.rothesay.ca
On behalf of Rothesay Council, thanks to you, Deputy Mayor Rinehart and Councillor
Merrithew for attending our Council meeting on July 9, 2012 and presenting the
proposed Regional Growth Strategy. As you pointed out during your presentation, there
is a new sense of synchronicity within the region and the time is right to review and re-
vitalize the strategy.
am pleased to advise Rothesay Council unanimously agreed to adopt and endorse the
proposed framework for the Regional Growth Strategy, as outlined in the June 27th
(ESJ) document. Council members commented this is a great initiative with much
energy and drive behind it. Rothesay Council and staff look forward to the opportunity
to actively participate and provide input as the Steering Committee moves toward
developing an integrated and inclusive plan to drive the agenda forward over the next
five years.
Sincerely,
a
^ � de
William J. Bishop
Mayor
WJB:mjb
cc. Rothesay Council
Explore our past Explorez notre passe
Discover your future Decouvrez votre avenir
Grand Bay - Westfield • Quispamsis • RQt6oay • St. Martins - Saint John
To the attention of the members of the City of Saint John Council;
PURPOSE
RECEIVED
COMMON CLERK'S OFFICE
JUL 19 2012
CITY OF SAI1W J"
This Report provides information concerning the holding of Amateur Mixed Martial Arts
events, an analysis of the risks and the economic benefits, and information concerning the
Hoyco's request to grant an entertainment license as the Moncton City Council in their city
for Amateur MMA events has done for the last two years. Also have the Provincial government
take on regulation of the sport. The Report contains a recommendation to proceed with a
two -year pilot of Amateur mixed martial arts, including measures to mitigate associated risks.
A revised process for licensing amateur combat sports and a review of the skill sets and
competencies of the Commission's members, based upon its expanded mandate, are also
recommended.
DISCUSSION
The following sections discuss the current practices adopted by a number of jurisdictions
across Canada for the holding of MMA events, ways of mitigating risks and liabilities of the
sport, the economic benefits, how to deal with amateur combat sports, and the skill sets of
the Commission's members. In Moncton, New Brunswick over 10 events have been held and
most of the participants have come from the Saint John and surrounding areas.
BACKGROUND
In 2007 an unsanctioned and deemed illegal under civic bi -law, Martial Art owner Jay Chang
attempted to hold an event. After legal battle and losing this right came along Stephen
Kantor and the Ground and Pound group. The attempt at bringing legalization under civic law
failed and they were force to shut down. Since then the emergence of Cage rage and Elite
One in Moncton and licensed under the City of Moncton and sanctioned by the Moncton Boxing
Commission have lead the way in New Brunswick with 20 plus events with no adverse only
positive results. The falling behind of Saint John and the ability not to take the lead in this
has put us as a city behind in economic development and general sense of pride that we as
citizens and a governing body should lead the way. In 2010 Edward Hoyt was approached by
several people in the MMA community to look at how we could create and legalize this sport
for the City of Saint John. He has since brought into his company Shannon Adams, fight
coordinator for Cage Rage and Elite one. She worked with Cage Rage until recently as their
fight coordinator and making sure the fighters were protected. He also attended and
discussed with owners of Cage Rage and Elite One on where the down falls are in the sport
and how to evolve it so it will not only create economic development but protection of all
parties involved. Since the beginning of 2012 we have worked on this creating the Saint John
Amateur MMA and Boxing Commission so that all fights are sanctioned and rules are followed
according to the IMMAF, BC Boxing Commission, Moncton Boxing Commission and ECCMA rules.
This alone shown in Moncton has made the sport more legitimate. We have to sit on the local
commission, Jon Kelly instructor of JVK(MMA), Tim Hayes(owner and boxing instructor of 30
plus years), Stephen Kantor(Regional Director of the IMMAF for Southern New Brunswick) , we
have sought out 3 different lawyers and are presently securing their participation, awaiting
reply from several EMT and doctors in the Saint John Area to head the Saint John MMA and
Boxing Commission. This way not only the participants are protected but the City of Saint
John is under no risk as 2 million of personal liability insurance is held by Hoyco while putting
on these events.
369
THEREFORE BE IT RESOLVED THAT:
A. The City request the Provincial Government to create a governing body for Mixed
Martial Arts in New Brunswick or take it over from local governing bodies unless directly
sanctioned under a national body such as the IMMAF.
B. Staff report back on the necessary changes to by -laws that would minimize legal
liabilities and risk to the City from authorizing the Saint John MMA and Boxing Commission to
sanction Mixed Martial Arts in Saint John.
C. Staff provides an analysis of economic benefits and impacts of permitting Mixed Martial
Arts in Saint John, including a distinction between allowing Mixed Martial Arts in city
owned versus private facilities."
D. Granting of an entertainment license to Hoyco as the City of Moncton does for Cage Rage
and Elite One.
Mixed Martial Arts in Canada
Mixed Martial Arts is a full combat sport in which a wide variety of fighting /mixed martial arts
techniques are used, including jujitsu, boxing, kickboxing, wrestling and other forms of
handto -hand combat. The sport has changed from its beginnings as a raw fringe sport with
minimal rules and regulations. In the early 1990s the sport started to gain international
exposure and widespread publicity in the United States with the emergence of the Ultimate
Fighting Championships (UFC), which is a trademarked name of an organization that promotes
and organizes MMA events. In order to gain more mainstream popularity and for the safety of
the athletes, additional rules have been implemented over the last few years such as time
limits and prohibiting some potentially dangerous strikes including head butts, biting and eye
gouging. Including the Adoption of the BC rules for MMA and the EcMMA rules governing
Amateur MMA bouts. The classing of fighters that falls under these regulations of not having
anyone engage with someone under their classing and age group also puts extra protection for
participants.
Many jurisdictions worldwide, including within Canada, are currently assimilating the Unified
Rules of Mixed Martial Arts, a set of rules that has been adopted by several state athletic
commissions in the United States to better protect the safety of the athletes. The Unified
Rules of MMA have also been influential in helping to reduce the sport's negative reputation
for extreme violence.
As described below, a number of provincial athletic commissions (Nova Scotia, Quebec and
Manitoba) and municipal athletic commissions (including Calgary, Edmonton, Prince George
and several other small B.C. municipalities) are currently sanctioning MMA events in Canada.
Other commissions are not. The UFC has now held two major events in Montreal which were
sanctioned by the Quebec Athletic Commission and attracted crowds of over 21,000 to each
event.
Mixed Martial Arts has become one of the fastest growing spectator sports and is becoming
more popular than wrestling and boxing with large crowds attending events. The increase in
popularity is evident by the rising attendance revenues and the increase in Pay- Per -View buy
rates. Conventional media outlets are also starting to depict MMA as an acceptable
370
mainstream sport through increased media coverage. With this recent rise in popularity and
the implementation of additional rules and regulations to try to protect the athletes, more
jurisdictions are now considering sanctioning MMA Events.
The Criminal Code of Canada forms part of the regulatory framework for events such as MMA.
It contains a section (Section 83) on "prize fighting" that deals only with boxing and so, is
very outdated with respect to the practices of various Canadian athletic commissions as
outlined below. Since the Code was written a variety of sports such as kickboxing, Muay Thai
and MMA have evolved and the Code has not been changed to reflect this. There are also
differences in the provincial legislation across the country and the various athletic
commissions deal with MMA and other combat sports. Therefore, it is recommended that the
Mayor write to the Solicitor General and Attorney General of N.B and to the Federal Justice
Minister to request urgent clarification of the legal framework for the regulation of Mixed
Martial Arts.
The following outlines the practices of various Provinces with respect to the regulation of
MMA events:
Nova Scotia MMA is sanctioned
• regulates combat sporting events through a Provincial Athletic Commission;
• the Novo Scotia Boxing Authority Act and Regulations defines "boxing" to include
"combat sports" which means a sport involving full body contact between contestants
in which a contestant uses a fist, whether open or closed, or a weapon held in a fist,
and includes but is not limited to the following martial arts: kickboxing, shoot
fighting, karate, tae kwon do and jujitsu.
Quebec MMA is sanctioned
• regulates combat sporting events provincially, through the Quebec Athletic
Commission;
• the provincial Act Respecting Safety in Sports defines "combat sports" to include
boxing, kickboxing and "mixed boxing', and provides for the types of blows or actions
which are not allowed;
• prior to the last UFC event in April 2009, the Quebec Athletic Commission threatened
to prohibit the event after it was approved; negotiations ensued with the UFC, and
the event was held with some minor rule changes.
Ontario MMA is not permitted
• regulates combat sporting events through the Ontario Athletic Commission;
• the Commission will not sanction MMA events because of the provisions of the Criminal
Code which, in their opinion, make such fights illegal.
371
Manitoba MMA is sanctioned
• regulates combat sports through a provincial Boxing Commission, created pursuant to
the Boxing Commission Act;
• the Act provides provincial authority to specifically regulate all "combat sports ",
which explicitly includes martial arts;
• the Act also provides the Commission and its officers with a full indemnity for all acts
done in good faith.
Mixed Martial Arts - Sanctioning by the Vancouver Athletic Commission
Alberta MMA is sanctioned at the municipal level
• regulates combat sporting events through a Commission, authorized under the
Municipal Government Act;
• section 535.1(1) of the Act, entitled "Protection of Sporting Commissions" defines a
"commission" to be one established by by -law, for controlling and regulating any of
"boxing, wrestling, full contact karate, kickboxing, any other sport that holds contests
where opponents strike each other with a hand, foot, knee, elbow or other part of the
body ";
• the Act provides an indemnity for the commission, its members, officials, employees,
"for anything done or omitted to be done in good faith in the performance of their
duties, functions or powers under this Act ".
British Columbia
MMA is sanctioned at the municipal level in Prince George, Nanaimo
and other small municipalities
• those municipalities sanctioning MMA events are doing so pursuant to their authority
under the Community Charter;
• the Act provides, in section 143(2), that "council may by bylaw establish an athletic
commission to make rules regulating professional boxing, wrestling and similar
activities, contests and exhibitions ";
Request to the Province
Based upon the current regulatory framework and the diverse practices across B.C. and
Canada, the Mayor wrote to the Ministry of Healthy Living and Sport (Hon. Mary Polak) on
March 31, 2009 and requested that the Province create a governing body to regulate MMA
events, similar to what other provincial jurisdictions have done.
In response to the City's request for the Province to regulate MMA, the Minister of Healthy
Living and Sport responded in writing in August, 2009 (Appendix A). The key message in the
Minister's letter is that regulation of events of this nature is most properly administered at
the local level in order for community needs to be considered and addressed through a local
decision - making process. Subsequently, on December 16, 2009, the Attorney General and
House Leader of B.C. (Appendix B) wrote to the Mayor noting that the Province is prepared to
discuss how a provincial regulatory framework might work and entertain submissions from the
372
City of Vancouver and other municipalities. The letter from AG is not critical of moving ahead
with local regulation as Montreal has done while a new provincial framework is being
considered.
Risk Et Liability Issues
The risks and liability issues associated with mixed martial arts are similar to other combat
sports:
• injury to participants
• crowd control /security
Mixed Martial Arts - Sanctioning by the Vancouver Athletic Commission 6
Injury Rates
Injury rates in MMA competitions have been examined in several studies. The most extensive
of these is a 2008 study published in the British Journal of Sports Medicine that examined
injuries to fighters in sanctioned bouts in Nevada State between 2002 and 2007. That study
concluded that injury rates in regulated professional MMA competitions are similar to rates in
other combat sports and that the overall risk of critical sports- related injury appears low. The
report notes that a majority of MMA sanctioned bouts end via decision or submission
(surrender of one fighter). This is thought to help explain the lower incidence of knockouts in
MMA compared to boxing [Bledsoe et al, 2005]. A comparison of injury rates in MMA and
boxing is shown in Table 1.
Table 1 Injury Statistics MMA vs. Boxing
Injury Statistics MMA Boxing
Overall injuries per 100 fight exposures 23.6 17.1 - 25
Concussion rate per 100 fight exposures 1.65 5.6
% fight ends in knockouts 3.3% 11.3%
Source: Injury Trends in Sanctioned Mixed Martial Arts Competition:
A Five -Year Review 2002 -2007, British Journal of Sports Medicine
There is very little information comparing MMA injury rates to other combat and contact
sports. As a comparator, a 2006 study published in the Journal of Athletic Training noted that
hockey has a concussion rate of 0.65 per 100 player - games. This compares to 1.65 per 100
fight exposures for MMA.
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Crowd Control
Crowd control and security issues related to MMA events were reviewed with the input of the
Vancouver Police Department's Inspector in charge of the Emergency and Operational.
Planning Section (EOPS). Montreal and Calgary were also contacted with respect to their
experience with MMA events.
There are potential crowd control and security issues at any large event. Typical problems
include drunkenness, conflict between patrons and safety related to egress after the event.
EOPS staff evaluate the risks and carry out a threat assessment for each event by considering
the following factors:
• Size of the event
• Whether or not liquor is being served
• History of the event and organizers
• Level of security provided by the venue
In Saint John Police Chief Bill Reid comments in a sit down meeting were
• Crowd demographics
When the Vancouver Athletic Commission sanctioned MMA events, several events were held at
the PNE. The largest of these was a "BODOG" promotions MMA event at the PNE Agrodome
that had an attendance of 2931 people. The EOPS section of the Police Department worked
closely with the venue and promoter to review security arrangements. The Police Department
Mixed Martial Arts - Sanctioning by the Vancouver Athletic Commission 7 had 45 -48 members present
with the costs covered by the promoter and report that no significant problems were
experienced at this event.
The Vancouver Police Department note that there have been no significant policing issues to
date when MMA events are run professionally and a security plan with policing
recommendations is in place. However, if there is no regulatory framework in place, the
Police Department would be concerned that the increasing popularity of MMA may result in
some promoters holding contests underground where no controlling force would be in place to
monitor these events. As an example, an event held on Musqueam land in February 2008
resulted in an enforcement issue for the Vancouver Police Department. Approximately 20
officers attended the scene where gunshots were fired just after the MMA event concluded.
One person was wounded with non -life threatening injuries in the incident.
Staff from the City of Montreal report that the UFC event that took place at the Montreal Bell
Center in April 2009 did not pose any significant problems (violence, criminal activity, etc.).
The Police support that was offered for the event was the same as for any event being held at
the same venue (concert, hockey game, etc.) and consisted of 8 police officers, assigned to
close the streets around the Bell Center, control traffic and ensure the safety of all the
spectators exiting the Center. Police also focussed on ticket scalpers prior to the game.
Police from the City of Calgary report few issues with MMA events there. Their "King of the
Cage" contests draw crowds of approximately 1000 people and 1 sergeant and 6 constables
are assigned to each of these events. According to the police, there are fewer police- related
incidents at these events than at concerts. When MMA events started, there was a noticeable
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presence of some known gang members, but the continued police presence has all but
removed them.
Indemnity
In order to minimize the risks of any losses, expenses or claims being incurred by or made
against the City or the Commission relating to the occurrence of any sanctioned MMA events,
staff recommend that the City require that the issuing of a business licence for professional
MMA events be done with the condition of a satisfactory indemnity being provided. The
indemnity would protect the City and the Commission for any and all losses, expenses or
claims incurred by or made against the City or the Commission. An indemnity framework will
be developed by City Manager, Director of Legal Services, Director of Finance and the
Director of Risk Management setting out the relevant terms and conditions including a
requirement for financial security, by way of a bond, letter of credit or other financial
instrument. The event organizer/ promoter and venue owner would be required to lodge with
the City, an indemnity on terms that align with the framework. This condition would be
interim pending resolution of sanctioning provincially.
Measures to Mitigate Risks
Staff conducted a best practices review of how other jurisdictions regulate Mixed Martial Arts.
This review included six Canadian and two American athletic commissions and examined
medical testing and support and insurance and waiver requirements (see Appendix C). These
best practices were compared to the current requirements set by the Vancouver Athletic
Commission for boxing.
In general, the majority of requirements currently set by the Vancouver Athletic Commission
for boxing are consistent with those of other jurisdictions' MMA requirements. However, if
Mixed Martial Arts - Sanctioning by the Vancouver Athletic Commission. The emergence of the Saint
John MMA and Boxing Commission and IMMAF have lead ways to decreased risk to the fighters and all
involved.
MMA were to be sanctioned, staff recommend the following additional requirements to
achieve greater consistency with the practices of those jurisdictions:
• All medical testing and supervision prior to, during and post event to be done by the
promoter's medical staff with the Commission only ensuring requirements are fulfilled;
• CT Scans or MRIs as determined by the Commission's medical advisor;
• More up -to -date requirements for blood tests for infectious disease (within 3 months);
• Ambulance service to have hospital transport capability and qualified paramedics
(e.g.- BC Ambulance);
• Indemnity Agreement from event promoters, organizers and venue owners;
• Insurance requirements - ensure promoters carry adequate general liability insurance
to protect the City, the promoter from third party claims for bodily injury,
death or property damage and that participants carry adequate limit of medical
insurance satisfactory to the Director of Risk Management;
• Requirement for a security plan for events with greater than 500 attendees to be
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reviewed by the Saint John Police Force;
• The Commission to hire a qualified emergency physician on retainer to oversee the
medical requirements for the event.
• Clarify sanctioning requirements for Amateur Events
The Commission will have a practice of sanctioning events for Amateur bouts. This provides
additional value for spectators and opportunities for amateur athletes to demonstrate their
skills to a wider audience. However, the Commission does not have the authority to sanction
amateur events.
Therefore, the requirements should be clarified to ensure that the amateur portion of the
event is sanctioned by a governing body for the sport and that the main promoter
of the event is responsible for insurance coverage and indemnification for the entire event.
Most jurisdictions regulating MMA have adopted the "Unified Rules of Mixed Martial Arts"
which were developed by the Nevada State Athletic Commission. These rules prohibit
dangerous strikes (e.g. - head butting, eye gouging), unsportsmanlike conduct (e.g. -
disobeying the referee) and establish ring requirements (e.g. - fencing, padding). The
Saint John MMA and Boxing Commission are stating that they would be prepared to adopt
these rules for Amateur MMA events in Saint John.
Economic Benefits
Research suggests that allowing regulated MMA will result in incremental spending in the
Saint John and surrounding area. This spending includes amounts for facility rentals and
services, local advertising, transportation and hotel stays for spectators, media and event
crew. A model for evaluating the benefits has been developed by staff in conjunction with the
Saint John MMA and Boxing Commission. The model estimates a range for the value of
economic benefits based on:
• Total number of spectators, media and event crew
• Percentage of visitors from outside the Metro Saint John Region
• The number of overnight stays
For example a large event at The Lord Beaverbrook Rink , the total incremental spending in
Metro Saint John is likely to be around $300,000 (range of $100,000 - $300,000 depending on
out -of -town visits and overnight stays). Hoyco is planning to stage an event in Saint John in
September 2012 subject to Mixed Martial Arts - Sanctioning by the Saint John MMA and Boxing
Commission with Council approval of MMA. It is likely that other smaller events will take place
in surrounding areas of Saint John, generating further economic benefits.
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Amateur Mixed Martial Arts
The newly developed Saint John MMA Commission that is currently being sanctioned under the
IMMAF, through Steve Stewart, and other athletic commissions across Canada have expressed
concerns about the lack of regulatory oversight for amateur MMA events. Most athletic
commissions have the authority to sanction only professional events and have no regulatory
authority over amateur events.
Most amateur combat sporting events (e.g. - boxing and judo) that take place in B.C. are
sanctioned by amateur governing bodies for these sports such as Boxing B.C. and Judo B.C.
However, there is no statutory requirement under federal or provincial legislation for
sanctioning of these events. Therefore, events can take place without the specific safety
requirements that a governing body would normally provide. Staff share the concerns of the
Saint John MMA and Boxing Commision.
An exhibition business license is required under the License By -law for athletic events, trade
shows, and concerts. The City has issued licenses to amateur combat sport groups (e.g.- MMA
and kickboxing) however neither the City nor the Commission have the mandate to sanction
Amateur events. Therefore, staff will work with the saint John MMA and Boxing Commission
and other governing bodies to establish an appropriate governance methodology for amateur
MMA and other types of combat sports.
Vancouver Athletic Commission Capacity
If Council authorizes the Commission to sanction MMA in Saint John, there will likely be a
growth in these types of events. It will be important to ensure that the members of the
Commissions have a broad range of skills and expertise to manage these types of events
including related experience with regulation of combat sports, emergency medical
procedures, and legal and insurance requirements.
As quickly as possible, it will be necessary to review the skills and competencies required of
members of the Saint John MMA and Boxing Commission to ensure that it will be able to meet
the demands of this enhanced responsibility. This will be undertaken with oversight by the
City Manager and General Manager of Community Services.
FINANCIAL IMPLICATIONS TO THE CITY
The financial Implications to the city are none. As a Promoter of an event all Liability will be covered as a
2 million dollar policy will be in place for the event. The event is to be held at the LBR and all parking will
be supervised by Hoyco security.
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BY LAW Amendment:
A BY LAW RELATING TO MMA Commission
BE IT ENACTED by the Council of the City of Saint John under the authority vested in it by
the City of Saint John that the original laws pertaining to the Saint John Boxing Commission
acceptance by reenacted to the following rules and changed under name to that of the Saint
John MMA commission.
Definitions in this by law:
Commission means the Saint John MMA Commission
Match means and includes any event at which boxing, Kick boxing wrestling mixed martial
arts or any similar sport or competition is held except those events which are sanctioned
by the New Brunswick Amateur MMA Association or other amateur or scholastic
association Physician means a medical doctor who is a member in good standing of the
Canadian Medical Association.
There shall be a Commission composed of up to seven members appointed by the Council
of the City of Saint John for a three year term.
The Commission shall meet within thirty days of its appointment and thereafter on the last
Wednesday or at such other times as the Commission determines of each calendar month.
The Commission shall at its first meeting each year elect from its members a Chairman a
Vice Chairman and such other officers it deems necessary.
A quorum of the Commission shall be the majority of the members of the Commission at
the time of the meeting.
The Chairman or any two members may call such other meetings as they deem necessary
upon giving 24 hours notice of such meeting.
Notice of a meeting is deemed to have been given to a member when given in person (ii)
given electronically or (iii) given by message provided the message is not left with a person
apparently under the age of eighteen.
If members of the Commission agree any or all members may participate in a meeting of
the Commission by telephone or other communication that permits all of the persons
participating to hear each other.
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The Commission shall:
A prepare by laws to regulate its procedure and govern its internal organization
Supervise all matches held within the City of Saint John and ensure the attendance of a
physician named by the Commission and paid for by the promoter.
Require a physical examination of each participant within twenty four 24 hours prior to
the holding of the match by the named physician.
Prevent the participation of any person deemed to be physically unfit to participate in such
match.
Prepare and maintain a list of persons qualified to act as referees timekeepers and judges
at matches held within the City of Saint John.
Assess and collect from the promoter of each match a levy or charge of One dollar per ticket
sold from the sale of admissions.
Account for all monies received and all disbursements from all sources to the City of Saint
John Finance and Administration Department by way of an annual financial statement
prepared by the Commission to be submitted no later than the 31st day of March of the
following year.
Prepare and submit to the Council of the City of Saint John no later than the 15th day of
October in each year a proposed budget for the ensuing year and provide interim financial
reports and or activity statements when requested by Council of the City of Saint John or
the City Manager.
No person shall hold or conduct a match in the City of Saint John without having a valid
license for that match.
No person shall hold or conduct a match or a weigh in ceremony associated with such
match at a location that has not been approved by the Commission.
An application for a license shall be made in writing to the Commission not less than thirty
30 days prior to the proposed date of the match and shall include:
(1)The name address and phone number of the promoter
(2)The date time and place of the match
(3)Government issued photo for each participant
(4)The names fight records medical history of the
(S)Participants of the match and a government issued photo
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(6) Identification for each participant if available and in any
event to be provided at least fourteen 14 days prior to the
match
(7)A non refundable application fee in the amount of
general liability insurance policy in the amount of two
million dollars naming the City of Saint John and the MMA Commission
as a co insured
$ 1S 00 for each corner man and $ 2S 00 for each participant
Upon receipt of a complete application pursuant to the Commission shall issue a license to the
applicant that provided a the medical records of the participants indicate that they are fit to
participate in the match
The Commission has satisfied itself that the fight records of all participants are accurate and
in the opinion of the Commission it is not contrary to the interest of the sport to issue a license
Any person who has been convicted twice for any offence under this By Law or its Regulations shall
not be eligible for a license for a period of one 1 year from the date of conviction.
Any person charged with an offence under this By Law or its Regulations shall not be eligible for a
license until the final disposition of the charge.
The Commission may cancel a match or any part thereof at any time if
after the issuance of a license it becomes aware of information that would otherwise have
prevented the issuance of that license may revoke any license cancel any match or bout
where the licensee contestant or corner man breaches any provisions of this by law
may withhold all or a portion of the purse of any participant in any match whose conduct is
contrary to Rules and Regulations set out in:
Schedule A:
Where it withholds all or a portion of the purse pursuant to shall conduct a hearing within
five 5 days of the date of the match to determine whether the purse or any portion thereof
should be paid to the participant or forfeited to the Commission.
All matches sanctioned by the Commission are subject to the Rules and Regulations set out
in Schedule A herein.
Any peace officer or by law enforcement officer is hereby authorized to take such action or
issue such tickets as they may deem necessary to enforce any provisions of this by law.
:1
Any person who violates any provision of this by law is guilty of an offence and liable on
conviction to a minimum fine of five hundred 500 00 dollars and a maximum fine of one
thousand and seventy 1070 00 dollars.
A by law entitled A BY LAW RELATING TO BOXING AND WRESTLING IN THE CITY OF Saint
John being by 18th Day of April 1950; 10 O'CLOCK AM. Sworn under Mayor Ernest M
Patterson, Esquire, Mayor; Alderman Belyea, Howard, Leonard, Steel and Whelly.
The New Amendments to follow and to be adopted under current council.
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