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2006-03-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 27, 2006 Location: Common Council Chamber Committee of the Whole 1. Call to Order — 5:00 pm 1.1 City Market Lease of Space 10.2(4)(b) 1.2 Revisiting the 2002 Organizational Renewal Strategy 10.2(4)(b) 1.3 Staffing Processes - Spring 2006 10.2(4)(b) 1.4 Nominating Committee 10.2(4)(b) 1.5 Legal Session - Ongoing Litigation 10.2(4)(g) Regular Meeting 1. Call to Order — Prayer, 6:00 pm 1.1 Teen Resource Centre Grant Municipal Services 2. Approval of Minutes 2.1 Council Minutes March 13, 2006 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Letter from Peter Graham in Support of LNG (Receive for Information) 5.2 Proposed Municipal Plan Amendment - 71 & 84 Kennedy St (Refer to PAC) 5.3 St. Rose School Request for LPP funding for Playground Equipment (Refer to City Manager) 5.4 Agreement - Red Head Secondary Access Road Michael McHugh Property (Recommendation) 5.5 Agreement Red Head Secondary Access Road - James Malcolm & Sandra McAfee Property (Recommendation) 5.6 Agreement - Red Head Secondary Access Road Todd Aube & Nicolle Hebert Property (Recommendation) 5.7 Agreement - Red head Secondary Access Road Harold & Hildegared Deep Property (Recommendation) 5.8 Agreement - Red Head Secondary Access Road Morrisey Property (Recommendation) 5.9 Agreement - Red Head Secondary Access Road portions of PID Numbers 55119184 & 340372 (Recommendation) 5.10 Agreement - Red Head Secondary Access Road portions PID Numbers 336198, 384545, 420422 (Recommendation) 5.11 Agreement - Red Head Secondary Access Road Daniel & Theresa McNeill Property (Recommendation) 5.12 Agreement - Red Head Secondary Access Road Auto Recyclers Inc. Property (Recommendation) 5.13 Purchase of Land Street Widening 120 McAllister Drive (Boston Pizza) (Recommendation) 5.14 NB Historical Society - "One Tonne Challenge" - Loyalist House (Receive for Information) 5.15 Public Hearing Date 125 Daniel Ave (Recommendation) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings — 7:00 pm 9.1(a) Public Hearing - Proposed Zoning By -law Amend. - 2 St. Paul St. 9.1(b) Planning Advisory Committee Proposed Rezoning - 2 St. Paul Street 9.2 Public Hearing - Street Closing - Derby St. 9.3(a) Public Hearing - Proposed Municipal Plan and Zoning By -law Amendments - 336 Westmorland Rd. with letters of objection Re: 9.3(a) Letter of objection - re 336 Westmorland Rd 9.3(b) Planning Advisory Committee Proposed Municipal Plan Amendment and Rezoning 336 Westmorland Road 10. Consideration of By -laws 10.1 Public Presentation - 310 Westmorland Rd. 10.2 Third Reading - Proposing Zoning By -law Amendment - 411 Cushing St 10.3 Third Reading - Proposed Zoning By -law Amendment - 217 -225 Victoria St 11. Submissions by Council Members 11.1 Update on mobile sign enforcement (Councillor Farren) 11.2 PET - CT Challenge (Councillor Titus) 12. Business Matters — Municipal Officers 12.1 Red Head Secondary Access Road - Notices Intention to Expropriation (No Objection) 12.2 Red Head Secondary Access Road Notice Intention to Expropriate (Objection Withdrawn) 12.3 Contract 2006 -5: Pipeline Road West Water Transmission Main 12.4 Tenders Fleet Replacement Program 12.5 Tender for Printing Visitor Guide 12.6 Establishment - Buildings and Inspection Services 12.7 Captain's Quarters Condominium - Drury Cove Developments Inc. 12.8 Amending Resolution - Sale of Land in Lakeview Heights 12.9 Interior Painting at City Market 12. 10 Cities of NB Resolution 13. Committee Reports 13.1 Planning Advisory Committee - Proposed Widening of Millidge Street Right -of -Way 9 Millidge Street 13.2(a) Committee of the Whole Report - YMCA -YWCA 13.2(b) Canada Games Aquatic Center - YM -YWCA 13.3 Committee of the Whole Report - Nominating Committee 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Provincial Department of Public Health Regarding EMO Planning 15.2 Bald Hill Concerned Citizens Group Request to Present 15.3 Eric Teed Signs of Poles 16. Adjournment City of Saint John Seance du conseil communal Le lundi 27 mars 2006 Emplacement: Salle du conseil communal Comit6 pl6nier 1. Ouverture de la s6ance : 17 h 1.1 Location dun espace au march6 municipal 10.2(4)b) 1.2 Reexamen de la strategie de renouvellement organisationnel de 2002 10.2(4)b) 1.3 Processus de dotation en personnel — Printemps 2006 10.2(4)b) 1.4 Comit6 des candidatures 10.2(4)b) 1.5 Seance juridique - proc6dures judiciaires 10.2(4)(g) Seance ordinaire 1. Ouverture de la s6ance — Priere : 18 h 1.1 Subvention offerte au Centre de ressources pour adolescents par les services municipaux 2. Approbation du proces- verbal 2.1 Proces- verbal du conseil du 13 mars 2006 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Adoption de 1'ordre du jour relatif aux questions soumises a 1'approbation du conseil 5.1 Lettre de Peter Graham en faveur du gaz naturel liquef.6 (accepter a titre informatif) 5.2 Modification proposee du plan d'amenagement visant les 71 et 84 rue Kennedy (transmettre an Comit6 consultatif d'urbanisme) 5.3 Demande de financement de 1'ecole St. Rose pour une parcelle de terrain pour du materiel de terrains de jeux (transmettre au directeur g6n6ral) 5.4 Entente — Voie d'acces secondaire Red Head a la propri6te de Michael McHugh (recommandation) 5.5 Entente — Voie d'acc&s secondaire Red Head a la propri6t6 de James Malcolm et Sandra McAfee (recommandation) 5.6 Entente — Voie d'acc6s secondaire Red Head a ]a propri6t6 de Todd Aube et Nicolle Hebert (recommandation) 5.7 Entente — Voie d'acc&s secondaire Red Head a la propri6t6 de Harold et Hildegared Deep (recommandation) 5.8 Entente — Voie d'acc6s secondaire Red Head a la propri6t6 Morrisey (recommandation) 5.9 Entente — Voie d'acc&s secondaire Red Head a une partie des terrains portant les NID 55119184 et 340372 (recommandation) 5.10 Entente — Voie d'acc6s secondaire Red Head a une partie des terrains portant les NID 336198, 384545 et 420422 (recommandation) 5.11 Entente — Voie d'acc&s secondaire Red Head A la propri6t6 de Daniel et Theresa McNeill (recommandation) 5.12 Entente — Voie d'acc&s secondaire Red Head a la propriete Auto Recyclers Inc. (recommandation) 5.13 Achat dun bien -fonds pour 1'61argissement de la rue au 120, promenade McAllister (Boston Pizza) (recommandation) 5.14 Soci6t6 historique du Nouveau - Brunswick — « D6fl dune tonne » - Maison loyaliste (accepter a titre informatif) 5.15 Date de la tenue dune audience publique relativement au 125, avenue Daniel (transmettre an greffier pour qu'une date de presentation soit fixee) 6. Commentaires present6s par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques : 19 h 9.1a) Audience publique relative A la modification de 1'arret6 sur le zonage visant le 2, rue St. Paul 9.1b) Comit6 consultatif d'urbanisme relativement au rezonage propos6 du bien- fonds situ6 au 2, rue St. Paul 9.2 Audience publique relative A la fermeture de la rue Derby 9.3a) Audience publique relative A la modification du plan municipal et de 1'arret6 sur le zonage visant le 336, chemin Westmorland et presentation des lettres d'opposition 9.3b) Comit6 consultatif d'urbanisme relativement au projet de modification du plan municipal et du rezonage du terrain situ6 au 336, chemin Westmorland 10. Etude des arret6s municipaux 10.1 Presentation publique relative au 310, chemin Westmorland 10.2 Troisieme lecture du projet de modification de 1'arret6 sur le zonage visant le 411, rue Cushing 10.3 Troisieme lecture du projet de modification de 1'arret6 sur le zonage visant le 217 -225, rue Victoria 11. Intervention des membres du conseil 11.1 Mise a jour relative a 1'ex6cution de 1'arret6 sur les panneaux mobiles (conseiller Farren) 11.2 D6fi scanner TEP /CT (conseiller Titus) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 R6glementation de 1'acc6s a la voie secondaire Red Head — Avis d'intention d'exproprier (aucune objection) 12.2 R6glementation de 1'acc&s a la voie secondaire Red Head — Avis d'intention d'exproprier (objection retir6e) 12.3 Contrat 2006 -5 : Conduite d'eau principale du chemin Pipeline Ouest 12.4 Programme de renouvellement du parc de v6hicules 2006 12.5 Soumission relative a 1'impression du guide destin6 aux visiteurs 12.6 Cr6ation de services d'inspection et des batiments 12.7 Copropri6t6 Captain's Quarters - Drury Cove Developments Inc. 12.8 R6solution modificative - Vente dun terrain a Lakewood Heights 12.9 Peinture int6rieure du march6 municipal, MC2006 -79 12.10 Proposition - Association des Cit6s du Nouveau - Brunswick 13. Rapports de comit6s 13.1 Comit6 consultatif d'urbanisme relativement au projet d'61argissement du droit de passage au 9, rue Millidge 13.2a) Rapport du comit6 pl6nier relativement au YMCA -YWCA 13.2b) Centre aquatique des Jeux du Canada — YMCA -YWCA 13.3 Rapport du comit6 pl6nier relativement au Comit6 des candidatures 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Ministere de la Sante publique provincial — Planification relative a 1'organisme de gestion des services d'urgence 15.2 Le groupe de citoyens inquiets de Bald Hill fait une demande pour se presenter 15.3 Affiches de Eric Teed sur les poteaux 16. C16ture de la reunion March 20, 2006 Mr. Michael Schulze Chair Teen Resource Centre P.O. Box 6893, Station A Saint John, NB E21-4S3 Dear Sir: At a meeting of the Common Council, held on March 13, 2006, the following resolution was adopted, namely:- "RESOLVED that the City of Saint John provide the Rotary TRC campaign with a grant, not to exceed the cost of all the municipal fees (building and plumbing permits and permits for all municipal services) associated with this project." The Common Clerk was requested to schedule the presentation of the above noted grant to representatives from the Rotary Club at the next open session of Council. Yours truly, J. Patrick Woods Common Clerk JPW /slc 92 -108 COMMON COUNCIL / CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 13,2006,7:10 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait and Titus -and - P. Woods, Deputy City Manager and Common Clerk; J. Nugent, City Solicitor; A. Beckett, Deputy City Manager of Programs and Priorities and Acting Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief; A. Bodechon, Chief of Police; E. Gormley, Assistant Common Clerk and Jackie Ferrar, Administrative Assistant REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 13 MARS 2006 a 19 h 10 Sont presents : Norman McFarlane, maire le maire supplbant Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait et Titus et P. Woods, greffier communal et directeur gbnbral adjoint; J. Nugent, avocat municipal; A. Beckett, directeur gbnbral adjoint, programmes et prioritbs et trbsorier par intbrim; P. Groody, commissaire aux opbrations municipales; J. Baird, commissaire b I'urbanisme et au dbveloppement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie; A. Bodechon, chef de police; ainsi que E. Gormley, greffiere communale adjointe et Jackie Ferrar, adjointe administrative. 1. Call To Order — Prayer, Mayor McFarlane called the meeting to order and offered the opening prayer. 1. Ouverture de la reunion, suivie de la priere. La sbance est ouverte par le maire McFarlane qui rbcite la priere d'ouverture. 2. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on February 27, 2006, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal de la derniere reunion Proposition du maire supplbant Hooton Appuybe par le conseiller Titus RESOLU que le procbs- verbal de la rbunion du conseil communal tenue le 27 fbvrier 2006 soit approuvb. 92 -109 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du maire suppleant Hooton Appuyee par le conseiller Titus RESOLU que I'ordre du jour de la presente reunion soit adopte. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Adoption of Consent Agenda 5.1 Saint John Jeux Canada Games Foundation Financial Statements (Receive for Info and Refer to Nominating) 5.2 Vibrant Communities Support for Partnership of YMCA YWCA and Aquatic Centre (Receive for Info) 5.3 Proposed Municipal Plan Amendment - 14 Castle Street (Refer to PAC) 5.4 St. Pius X Church Traffic Lights Concern (Refer to City Manager 5.5 Construction Pipeline - Easement Acquisitions - 80 -120 McDonald St. (Recommendation) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Consent Agenda be approved with item 5.4 being considered separately as item 14.1. Question being taken, the motion was carried. 5. Adoption de I'ordre du jour relatif aux questions soumises a I'approbation du conseil 5.1 Etats financiers de la Saint John Jeux Canada Games Foundation, Inc. (Accepter a titre informatif et transmettre au Comite des candidatures) 5.2 Fort appui de la collectivite quant a I'etablissement d'un partenariat entre le YMCA - YWCA et le centre aquatique (Accepter a titre informatif) 5.3 Modification proposee du plan municipal visant le 14, rue Castle (Transmettre au Comite consultatif d'urbanisme) 5.4 Preoccupations quant aux feux de circulation pres de I'eglise St. Pius X (Transmettre au directeur general) 5.5 Construction d'une conduite d'eau et acquisitions de servitudes - 80 -120, rue McDonald ( Recommandation) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour des questions 92 -110 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 soumises a I'approbation du conseil soit adopte, moyennant une etude particuliere accordee au point no 5.4 en tant que point no 14.1. A ('issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. Charlene Hayes of the Canadian Cancer Society announced the kick -off of the Society's fund raising campaign in March 2006. She introduced Pauline Cosgrove a cancer survivor who distributed daffodils and thanked the Mayor, Councillors and the public for their support of the campaign. 6. Commentaires pr6sent6s par les membres Les membres du conseil s'expriment sur diverses activites communautaires. Charlene Hayes, de la Societe canadienne du cancer, annonce le lancement de la campagne de financement en mars 2006. Elle presente Pauline Cosgrove, survivante du cancer, qui distribue des jonquilles et remercie le maire, les conseillers et les membres du public de leur appui a la campagne. 7. Proclamation The Mayor proclaimed March 22, 2006 as "Day for Water" in the City of Saint John. On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that Councillors Court and Tait attend the 12th Canadian National Conference and 3rd Policy Forum on drinking Water April 1-4, 2006. Question being taken, the motion was carried. 7. Proclamation Le maire declare que le 22 mars 2006 est la « Journee de 1'eau » dans The City of Saint John. Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que les conseillers Court et Tait prennent part a la 12e Conference nationale canadienne et au 3e Forum sur les politiques en matiere d'eau potable qui auront lieu du 1 e au 4 avril 2006. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment - 411 Cushing Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law Amendment to re -zone a parcel of land, having an area of approximately 680 square metres, located at 411 Cushing Street, also identified as being PID Number 00384784, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification to recognize an existing two family dwelling as a permitted use, as requested by Thomas and Cathryn Cameron. 9.1(b) Planning Advisory Committee Report Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its March 7, 2006 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone a parcel of land located at 411 Cushing Street, having an area of approximately 680 square metres also identified as being PID 92 -111 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 Number 00384784, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John" by re- zoning a parcel of land having an area of approximately 680 square metres, located at 411 Cushing Street, also identified as being PID Number 00384784, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John" by re- zoning a parcel of land having an area of approximately 680 square metres, located at 411 Cushing Street, also identified as being PID Number 00384784, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that all correspondence related to the proposed re- zoning for 411 Cushing Street, be received for information. Question being taken, the motion was carried. 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete sur le zonage relatif au 411, rue Cushing Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete sur le zonage visant a rezoner une parcelle de terrain situee au 411, rue Cushing, d'une superficie d'environ 680 metres carres et portant le NID 00384784 afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » a zone residentielle - habitations unifamiliales et bifamiliales R -2 » pour reconnai"ire 1'existence d'une habitation bifamiliale en tant qu'usage permis, a la demande de Thomas et Cathryn Cameron. 9.1b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue le 7 mars 2006, a laquelle le comite a decide de recommander I'approbation, telle qu'elle est presentee dans la recommandation du personnel, selon laquelle le conseil communal procede au rezonage d'une parcelle de terrain situee au 411, rue Cushing, d'une superficie d'environ 680 metres carres et portant le NID 00384784, afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 ». Le maire invite le public a exprimer son opposition au rezonage, mais personne ne prend la parole. 92 -112 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 Le maire invite le public a exprimer son appui au rezonage, mais personne ne prend la parole. Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 680 metres carres, situee au 411, rue Cushing et portant le NID 00384784, afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 680 metres carres, situee au 411, rue Cushing et portant le NID 00384784, afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que la documentation relative au projet de rezonage du terrain situe au 411, rue Cushing soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 9.2(a) Proposed Zoning By -law Amendment - 217 -225 Victoria Street The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law Amendment to re -zone a parcel of land located at 217 -225 Victoria Street, having an area of approximately 450 square metres, also identified as being PID Numbers 00375956 and 00375964, from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "B -2" General Business classification to permit the construction of a community police office and community outreach centre as requested by ONE Change Inc. and The City of Saint John. 9.2(b) Planning Advisory Committee Report Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its March 7, 2006 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone a parcel of land located at 217 -225 Victoria Street, having an area of approximately 450 square metres, also identified as being PID Numbers 00375956 and 00375964, from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "B -2" General Business classification, with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Rick Turner of Hughes Surveys & Consultants Inc. commenting in support of the proposed re- zoning on behalf of the applicant. 92 -113 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 Gary Sullivan, President of ONE Change Inc. addressed Council in favour of the re- zoning and advised that July 1St is the targeted opening date. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 217 -225 Victoria Street having an area of approximately, 450 square metres, also identified as being PID Numbers 00375956 and 00375964, from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "B -2" General Business classification with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 217 -225 Victoria Street having an area of approximately, 450 square metres, also identified as being PID Numbers 00375956 and 00375964, from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "B -2" General Business classification with Section 39 conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.2a) Projet de modification de I'arrete sur le zonage relatif au 217 -225, rue Victoria Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification de I'arrete sur le zonage visant a rezoner une parcelle de terrain situee au 217 -225, rue Victoria, d'une superficie d'environ 450 metres carres et portant les NID 00375956 et 00375964, pour faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone residentielle d'immeubles -tours a logements multiples « RM -2 » a zone commerciale generale B -2 » afin de permettre la construction d'un poste de police communautaire et d'un centre de services communautaires, a la demande de ONE Change Inc. et The City of Saint John. 9.2b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue le 7 mars 2006, a laquelle le comite a decide de recommander I'approbation, telle qu'elle est presentee dans la recommandation du personnel, selon laquelle le conseil communal procede au rezonage d'une parcelle de terrain situee au 217 -225, rue Victoria, d'une superficie d'environ 450 metres carres et portant les NID 00375956 et 00375964, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone residentielle d'immeubles -tours a logements multiples RM -2 » a zone commerciale generale « B -2 », conformement aux conditions prevues a I'article 39. Le maire invite le public a exprimer son opposition au rezonage, mais personne ne prend la parole. Le maire invite le public a venir exprimer son appui au rezonage et M. Rick Turner, de Hughes Surveys & Consultants Inc., s'adresse au conseil en appui au projet de rezonage au nom du demandeur. Gary Sullivan, president de ONE Change Inc., s'adresse au conseil en appui au rezonage et informe que le 1 er juillet est la date d'ouverture visee. 92 -114 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situe au 217 -225, rue Victoria, d'une superficie d'environ 450 metres carres et portant les NID 00375956 et 00375964, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone residentielle d'immeubles -tours a logements multiples « RM -2 » a zone commerciale generale « B -2 », conformement aux conditions prevues a I'article 39, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situe au 217 -225, rue Victoria, d'une superficie d'environ 450 metres carres et portant les NID 00375956 et 00375964, afin de faire passer la classification de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » et de zone residentielle d'immeubles -tours a logements multiples « RM -2 » a zone commerciale generale « B -2 », conformement aux conditions prevues a I'article 39, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 8. Delegations /Presentations 8.1 Saint John Police Commission 2006 Operating Budget Raymond French, Chair of the Saint John Board of Police Commissioners, recognized members of the Board, Chief Bodechon and members of the Police Force present in the Council Chamber. Mr. French provided Council with an overview of the initiatives of the Force for 2006 which were developed as a result of the Town Hall meetings during 2005. Commenting with regard to one of the initiatives which is the addition of seven officers during the final quarter of 2006, Mr. French advised that two of these officers will enhance the Community Policing work and the remaining five will be assigned to the new Community Response Unit. Referring to the submitted report and an electronic slide presentation, which was distributed at the meeting to the Council members, Police Chief Bodechon presented the Police Force's 2006 Operating Budget with a total of $18,014,630. Chief Bodechon stated that the Commission is of the opinion that the proposed budget reflects the amount required to continue to provide and maintain a modern and progressive police force, and to comply with the provisions of the Collective Agreement, as required under the Police Act; and pointed out that a Community Police Office which will be established at Victoria Street reflects over $100,000 in contributions and investment by business and other partners committed to the North End community. During discussion Chief Bodechon informed Council that the Police Force will be creating an increased focus on crime prevention in 2006 through a program of social development, situational prevention, and directed policing; and noted that this program initiative is consistent with community concerns raised at the Town Hall meetings during 2005. He explained that the difference between this revised 2006 budget ($18,014,630.) and the projected budget ($17,653,912.) submitted in 2005 is $360,718. which is made up of the new negotiated item for payment of Statutory Holidays, addition of seven officers for the Community Response Unit and Community Service and the identified increase in three Goods and Services accounts resulting in a 6.16% increase over the 2005 budget. 92 -115 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 Chief Bodechon concluded the presentation responding to questions concerning the presentation during which time it was suggested that a presentation be made to Council at some time regarding all the positive initiatives underway and how policing has changed over the years in Saint John. 8. Delegations et presentations 8.1 Budget de fonctionnement de 2006 du Bureau des commissaires de la police de Saint John Raymond French, president du Bureau des commissaires de la police de Saint John, salue les membres du conseil, le chef Bodechon et les membres du corps de police presents dans la salle du conseil. M. French presente au conseil un aperqu des initiatives du corps de police pour 2006 qui ont ete elaborees a la suite des assemblees publiques locales qui ont eu lieu en 2005. Dans son expose relatif a Tune des initiatives visant I'ajout de sept agents au cours du dernier trimestre de 2006, M. French indique que deux de ces agents amelioreront le travail de police communautaire et les cinq autres agents seront affectes a la nouvelle unite d'intervention communautaire. Se rapportant au rapport presente et a une presentation electronique de diapositives, qui a ete distribuee durant la reunion des membres du conseil, le chef de police Bodechon presente le budget de fonctionnement 2006 du corps de police qui se monte a 18 014 630 $. Le chef Bodechon affirme que le Bureau de police est d'avis que le budget propose rend compte du montant necessaire pour offrir et assurer une force policiere moderne et progressiste, et pour respecter les dispositions de la convention collective, comme 1'exige la Loi surla police; et souligne qu'un poste de police communautaire, qui sera amenage sur la rue Victoria, a requ plus de 100 000 $ en contributions et en placements verses par les entreprises et autres partenaires engages envers la collectivite du nord de la ville. Au cours de la discussion, le chef Bodechon avise le Conseil que le corps de police veut mettre davantage I'accent sur la prevention du crime en 2006 grace a un programme de developpement social, de prevention situationnelle et de surveillance policiere dirigee; et souligne que la creation de ce programme est conforme aux preoccupations formulees par les citoyens au cours des assemblees publiques locales qui ont eu lieu en 2005. II explique que 1'ecart entre ce budget 2006 revise (18 014 630 $) et le budget prevu (17 653 912 $) presente en 2005 est de 360 718 $. Ce montant comprend la nouvelle entente negociee pour le paiement des conges feries, en plus des sept agents responsables de ('Unite d'intervention communautaire et des services communautaires, ainsi que ('augmentation determinee de trois comptes de biens et services, donnant lieu a une augmentation de 6,16 % par rapport au budget de 2005. Le chef Bodechon conclut la presentation en repondant aux questions au sujet de la presentation. On suggere alors de faire une presentation devant le conseil dans I'avenir sur toutes les initiatives positives en cours et sur 1'evolution de la surveillance policiere au cours des annees dans Saint John. 10. Consideration of By -laws 10. Etude des arretes municipaux 11. Submissions by Council Members 11.1 Regional Advisory Committee - Notice of Meeting On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Titus advising that the Saint John Transit Commission has scheduled the first meeting of the Regional Advisory Committee for Saturday, March 18, 2006 at 10:00 a.m. in the transit facilities at 951 Fairville Boulevard, be received for information. Question being taken, the motion was carried. 92 -116 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 11. Intervention des membres du conseil 11.1 Avis de convocation du comit6 consultatif regional Proposition du conseiller Titus Appuyee par le maire suppleant Hooton RESOLU que la lettre du conseiller Titus indiquant que la Commission des transports de Saint John a fixe la premiere reunion du comit6 consultatif regional au samedi 18 mars 2006 a 10 h dans les installations de la Commission situees au 951, boulevard Fairville, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 11.2 Canadian Nuclear Association Conference On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Ferguson regarding the Canadian Nuclear Association Conference, which he recently attended in Ottawa, and information related to hosting the 2007 Canadian Nuclear Society National Conference in Saint John, be received for information. Question being taken, the motion was carried. 11.2 Conference de I'Association nucl6aire canadienne Proposition du conseiller Ferguson Appuyee par le maire suppleant Hooton RESOLU que la lettre du conseiller Ferguson au sujet de la conference de ('Association nucl6aire canadienne, a laquelle it a recemment assiste a Ottawa, et les renseignements concernant la tenue de la conference nationale 2007 de la Societe nucl6aire canadienne a Saint John, soient acceptes a titre informatif. A ('issue du vote, la proposition est adoptee. 11.3 Teen Resource Centre Campaign On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that the City of Saint John grant the Rotary TRC campaign all municipal fees (building and plumbing permits and permits for all municipal services) associated with this project. Discussion followed with the question being raised if Council had the authority to do this; to which Mr. Nugent responded that Council has the authority to make grants and suggested a grant be authorized in an amount equivalent to the permit charges. At the request of Mayor McFarlane the mover and seconder agreed to withdraw the proposed motion. On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that the City of Saint John provide the Rotary TRC campaign with a grant, not to exceed the cost of all the municipal fees (building and plumbing permits and permits for all municipal services) associated with this project. The Common Clerk was requested to schedule the presentation of the above noted grant to representatives from the Rotary Club at the next open session of Council. Question being taken, the motion was carried. 11.3 Campagne du Centre de ressources pour adolescents Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que The City of Saint John accorde une subvention dans le cadre de la campagne CRA Rotary pour couvrir tous les droits municipaux (permis de construire, permis autorisant des travaux de plomberie et permis 92 -117 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 applicables a tous les services municipaux) associes a ce projet. Une discussion s'ensuit et la question de savoir si le conseil possede I'autorite pour agir ainsi est soulevee. M. Nugent replique que le conseil a I'autorite d'accorder des subventions et a propose d'autoriser une subvention d'un montant equivalent aux frais de permis. A la demande du maire McFarlane, I'auteur de la proposition et le conseiller qui I'appuie consentent a retirer la motion proposee. Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que The City of Saint John accorde une subvention dans le cadre de la campagne CRA Rotary qui ne depassera pas le cout de tous les droits municipaux (permis de construire, permis autorisant des travaux de plomberie et permis applicables a tous les services municipaux) associes a ce projet. Le greffier communal est prig de fixer la date de presentation du subvention susmentionne a ('intention des representants du club Rotary a la prochaine reunion publique du conseil. A ('issue du vote, la proposition est adoptee. 11.4 Saint John Transit MRIF Application On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Council support the application of Saint John Transit to the MRIF program for $454,858. in funding for the purchase of a diesel electric bus. Responding to a question raised by Councillor Tait concerning the requirement of a $227,429. contribution from the City if the application is successful, Mr. Beckett advised that this amount was not included in the capital budget pointing out that funds were included for the purchase of two buses. Councillor Tait stated he could not support the proposed motion and expressed the view that this request should have been presented during the budget process; and suggested that the Materials and Fleet Management Department and Saint John Transit meet to discuss a long term plan for the replacement of buses. Discussion continued with Councillor Court referring to the budget process and advising that he could not support the proposed motion. Councillors Farren and Ferguson also spoke in agreement with Councillor Tait's comments and questioned where the funds would come from for a new Transit Building. Mayor McFarlane noted the application will come back to Council at which time it can be decided whether or not to purchase the bus. Question being taken, the motion was carried with Councillors Ferguson, Farren, Tait and Court voting "nay ". (Councillor Farren withdrew from the meeting.) 11.4 Demande aupres du Fonds sur ('infrastructure municipale rurale (FIMR) presentee par la Commission des transports de Saint John Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le conseil appuie la demande de la Commission des transports de Saint John presentee dans le cadre du programme du FIMR en vue d'obtenir du financement au montant de 454 858 $ pour I'achat d'un autobus diesel- electrique. En reponse a une question soulevee par le conseiller Tait relativement a ('obligation qu'a la ville de contribuer 227 429 $ si la demande est acceptee, M. Beckett indique que ce montant ne fait pas partie du budget d'immobilisations, soulignant que les fonds etaient compris pour I'achat de deux autobus. Le conseiller Tait affirme qu'il ne peut appuyer la motion presentee et est d'avis que cette demande aurait du titre presentee durant le processus budgetaire; et propose que le service de I'approvisionnement et du parc automobile et la Commission des transports de Saint John se rencontrent pour discuter 92 -118 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 d'un plan a long terme pour le remplacement des autobus. La discussion se poursuit et le conseiller Court fait reference au processus budgetaire et informe qu'il ne peut appuyer la motion proposee. Les conseillers Farren et Ferguson se disent en accord avec les commentaires du conseiller Tait et s'interrogent sur la provenance des fonds qui serviront a la construction d'un nouveau batiment pour la Commission des transports. Le maire McFarlane souligne que la demande sera presentee de nouveau devant le conseil. C'est a ce moment que la decision relative a I'achat de I'autobus sera prise. A ('issue du vote, la proposition est acceptee. Les conseillers Ferguson, Farren, Tait et Court votent contre la proposition. (Le conseiller Farren quitte la reunion.) 11.5 Appointment of New Minister On motion of Councillor McGuire Seconded by Councillor Ferguson RESOLVED that the Mayor extend congratulations to the Honourable Diane Finley, the new Federal Minister of Human Resources on behalf of The City of Saint John and that the Minister be invited to the City at the earliest opportunity to get a first hand appreciation of the opportunities to provide affordable housing in our community. Mayor McFarlane requested that a copy of this letter also be sent to our local Minister. Question being taken, the motion was carried. (Councillor Farren re- entered the meeting.) 11.5 Nomination d'une nouvelle ministre Proposition du conseiller McGuire Appuyee par le conseiller Ferguson RESOLU que le maire presente ses felicitations a I'honorable Diane Finley, nouvelle ministre federale des Ressources humaines, au nom de The City of Saint John et que la ministre soit invitee a visiter la ville des que ('occasion se presentera afin de constater directement les possibilites d'offrir des logements abordables dans notre collectivite. Le maire McFarlane demande qu'une copie de cette lettre soit egalement envoyee a notre ministre local. A ('issue du vote, la proposition est adoptee. (Le conseiller Farren est de nouveau present a la reunion.) 11.6 Town Hall Meetings On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the letter from Councillor McGuire thanking the Mayor and fellow Councillors as well as staff and students of UNBSJ who attended the February 15th Town Hall meeting, be received for information. Question being taken, the motion was carried. 11.6 Assemblees publiques locales Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la lettre du conseiller McGuire remerciant le maire et les conseillers, ainsi que le personnel et les etudiants de ('UNBSJ qui ont assiste a I'assemblee publique locale du 15 fevrier, soit acceptee a titre informatif. 92 -119 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Cities of N.B. Association Resolution On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the Deputy City Manager, the submitted proposed resolution regarding Provincial - Municipal Funding for submission to the Cities of New Brunswick Association, be approved. Councillor Titus spoke against the proposed motion advising that he would prefer to send a letter of support to the Premier. Speaking in support of the proposed motion, Councillor Farren expressed the opinion that the proposed motion will give municipalities an opportunity to choose what they want to do. Referencing the reductions in the unconditional grant Councillor Court stated that he could not support the proposed motion. Councillor Tait expressed concerns referring to a previous discussion with Premier Lord. Councillor Chase questioned the cost, and anticipated cost, of services provided in Saint John by the Province, for example correctional services, education, justice services, etc. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the letter from the Deputy City Manager submitting a proposed resolution regarding Provincial - Municipal funding for submission to the Cities of New Brunswick Association, be tabled until Council can be provided with the costs, and anticipated costs, for the following services provided by the Provincial Government: environmental protection, correctional, educational, justice, health care, social welfare, social housing, senior care subsidies, work force development through training, and business development. Question being taken, the tabling motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Resolution de I'Association des cites du Nouveau - Brunswick Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le greffier communal, la resolution proposee et presentee concernant le financement provincial - municipal devant titre soumise a I'Association des cites du Nouveau - Brunswick soit approuvee. Le conseiller Titus s'exprime contre la motion proposee, indiquant qu'il prefererait envoyer une lettre d'appui au premier ministre. Le conseiller Farren, qui parle en faveur de la motion proposee, est d'avis que cette motion permettra aux municipalites de decider ce qu'elles veulent faire. Le conseiller Court indique qu'il ne peut appuyer la motion proposee, faisant reference aux reductions de la subvention inconditionnelle. Le conseiller Tait se dit preoccupe, faisant allusion a une discussion anterieure avec le premier ministre Lord. Le conseiller Chase s'interroge sur le cout, et le cout prevu, des services fournis a Saint John par la province, comme les services correctionnels, 1'education, les services juridiques, etc. Proposition du conseiller Chase Appuyee par le maire suppleant Hooton RESOLU que la lettre du greffier communal relative a une resolution proposee concernant le financement provincial - municipal devant titre soumise a I'Association des cites du Nouveau - Brunswick soit reportee jusqu'a ce que le conseil obtienne les couts, et les couts prevus, des services suivants fournis par le gouvernement provincial : protection de 1'environnement, services correctionnels, services d'education, services juridiques, soins de sante, aide sociale, logement social, subventions pour financer les soins aux personnes agees, perfection nement de la main - d'oeuvre par 1'entremise de la formation et creation d'entreprises. 92 -120 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 A I'issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. 12.2 Lighting - Memorial Ball Field On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council approve the submission of O'Brien Electric Co., Ltd. for the supply and installation of the new lighting system and service entrances for the Memorial Park Ball Fields in the amount of $324,000. In response to a question Mr. Edwards advised he would prepare a report for Council's consideration regarding the cost of installing artificial turf at the above noted ball fields. Question being taken, the motion was carried. 12.2 Eclairage au terrain de balle Memorial Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil approuve la soumission d'O'Brien Electric Co., Ltd. pour la fourniture et ('installation du nouveau systeme d'eclairage et des branchements d'abonnes pour le terrain de balle du parc Memorial au montant de 324 000 $. En reponse a une question, M. Edwards indique qu'il preparera un rapport aux fins d'examen par le conseil concernant le cout d'installation d'un gazon artificiel sur le terrain de balle susmentionne. A I'issue du vote, la proposition est adoptee. 12.3 Access Federal Property - Red Head Secondary Access Road - PID No. 55153316 On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, The City of Saint John enter into the submitted license from Her Majesty The Queen represented by the Department of Fisheries and Oceans for the right to gain early access for the purpose of constructing a road at the end of Proud Road, identified as PID Number 55153316; and that the Mayor and Common Clerk be authorized to sign the license. Question being taken, the motion was carried. 12.3 Acces aux biens -fonds de la Couronne relativement a la voie d'acces secondaire Red Head - NID 55153316 Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, The City of Saint John conclue le contrat de licence presente par Sa Majesty la Reine du chef du Canada, representee par le ministre des Peches et Oceans, relativement au droit d'acces anticipe afin de construire une route a I'extremite du chemin Proud, portant le NID 55153316; et que le maire et le greffier soient autorises a signer la licence. A I'issue du vote, la proposition est adoptee. 12.4 Voluntary Transfer - Red Head Secondary Road - Portion of PID No. 337733 On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, The City of Saint John acquire the fee simple interest in a 4,958 sq. m. +/- portion of PID Number 337733, as per the submitted plan, from Nathan Short under the 92 -121 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 terms and conditions contained in the submitted agreement; and that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Question being taken, the motion was carried. 12.4 Transfert volontaire relativement a la voie d'acces secondaire Red Head - Partie du terrain portant le NID 337733 Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, The City of Saint John acquiere l'interet en fief simple d'une partie du terrain portant le NID 337733, d'une superficie d'environ 4 958 metres carres, comme I'indique le plan presente, de M. Nathan Short, sous reserve des modalites et conditions que renferme 1'entente presentee; et que le maire et le greffier communal soient autorises a signer la documentation requise afin de conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 12.5 Voluntary Transfer - Red Head Secondary Access Road - Portion of PID No. 467506 On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, The City of Saint John acquire the fee simple interest in a 2.518 ha +/- portion of PID Number 467506, as per the submitted plan, from Kemal Debly under the terms and conditions in the submitted agreement; and that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Question being taken, the motion was carried. 12.5 Transfert volontaire relativement a la voie d'acces secondaire Red Head - Partie du terrain portant le NID 467506 Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, The City of Saint John acquiere l'interet en fief simple d'une partie du terrain portant le NID 467506, d'une superficie d'environ 2,518 hectares, comme I'indique le plan presente, de M. Kemal Debly, sous reserve des modalites et conditions que renferme 1'entente presentee; et que le maire et le greffier communal soient autorises a signer la documentation requise afin de conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 12.6 Total Golf Management - 2006 Fee Schedule On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the 2006 Fee Structure for the Rockwood Park Golf Course be approved as submitted. Councillor Ferguson expressed concern that the item was being approved before Council had the opportunity to discuss the fee schedule with Mr. Connolly. Question being taken, the motion was carried. 12.6 Grille tarifaire 2006 de Total Golf Management Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, la grille tarifaire 2006 du terrain de golf du parc Rockwood soit approuvee telle que presentee. 92 -122 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 Le conseiller Ferguson se dit preoccupe qu'on approuve le point avant que le conseil n'ait I'occasion de discuter de la grille tarifaire avec M. Connolly. A I'issue du vote, la proposition est adoptee. 12.7 Sublease of a Portion of the 12th Floor - City Hall On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John amend its Sublease of a 716 square foot +/- portion of the twelfth floor of 15 Market Square (City Hall), as generally shown on the submitted plan, to the Province of New Brunswick as represented by the Minister of Supply and Services for a term commencing January 1, 2005 and ending March 31, 2006 on the general terms and conditions contained in the proposed Sublease submitted hereto; by deleting "716 sq. ft" where it appears in the sublease and replacing with "1432 sq. ft ", and further by deleting 11,033.15" where it appears and replacing with 12066.30 ", and further by replacing the existing Schedule "A" with an amended Schedule "A" reflecting the new area, and that the Mayor and Common Clerk be authorized to execute the sublease agreement. Question being taken, the motion was carried. 12.7 Sous -bail d'une partie du 12e etage de I'hotel de ville Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John modifie son sous -bail visant une partie du douzieme etage, d'une superficie d'environ 716 pieds carres, situee au 15, Market Square (hotel de ville), comme le montre de maniere generale le plan presente, a la province du Nouveau - Brunswick, telle que representee par le ministre des Approvisionnements et Services, pour une periode allant du 1,r janvier 2005 jusqu'au 31 mars 2006, conformement aux modalites et conditions generales prevues par le sous -bail propose et presente; en supprimant les termes « 716 pieds carres » tels qu'ils apparaissent dans le sous -bail pour les remplacer par « 1 432 pieds carres », en supprimant le montant 1 033,15 $ » pour le remplacer par « 2 066,30 $ » et en remplapant I'annexe « A existante par une annexe « A » modifiee afin de tenir compte du nouvel espace, et que le maire et le greffier communal soient autorises a signer le contrat de sous - location. A I'issue du vote, la proposition est adoptee. 12.8 Lease of Land Granting Right of Way - Rogers Wireless On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council rescind it's resolutions of March 18, 2002 and May 5, 2003 with regards to the lease of land with Rogers Wireless Inc., and that The City of Saint John enter into a lease with Rogers Wireless Inc. for an 8 acre +/- site and right of way for servicing under the terms and conditions contained in the submitted lease document, and that the Mayor and Common Clerk be authorized to execute any document necessary to finalize this transaction. Question being taken, the motion was carried. 12.8 Location d'un terrain, attribution d'une servitude - Rogers Wireless Proposition du conseiller Titus Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, le conseil communal annule ses resolutions du 18 mars 2002 et du 5 mai 2003 concernant la location d'un terrain a Rogers Wireless Inc. et que The City of Saint John conclue un bail avec Rogers Wireless Inc. relativement a un terrain d'une superficie d'environ 8 acres et a une servitude, sous reserve des modalites et des conditions que renferme le contrat de location, et que le maire et le greffier communal soient autorises a signer les documents requis pour conclure ladite transaction. 92 -123 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 A ('issue du vote, la proposition est adoptee. 12.9 2006 Orthophotography Contract On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, that notwithstanding the City's policy respecting the purchase of services, in light of the factors identified in M & C — 2006 -51, Common Council award the 2006 orthophotography contract to Mapcon Mapping Ltd. in the amount of $55,906. Question being taken, the motion was carried. 12.9 Contrat d'orthophotographie 2006 Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, nonobstant la politique de la ville en ce qui concerne I'achat de services, compte tenu des facteurs identifies dans le no M/C 2006 -51, le conseil communal accorde le contrat d'orthophotographie 2006 a Mapcon Mapping Ltd. au montant de 55908$. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole Report - Filling Senior Positions On motion of Councillor Tait Seconded by Councillor Chang RESOLVED that as recommended by the Committee of the Whole, the City Manager be directed to advertise internally and externally for two separate positions to fill the positions of Commissioner of Finance and Commissioner of Corporate Services. Responding to a question raised and referencing the qualifications required, Mr. Beckett expressed the opinion that if the two positions continue to be combined a professional accountant would be required; and stated that a different skill set may be necessary for the Commissioner of Corporate Services position. A brief discussion followed with Councillor Ferguson advising that he could not support the proposed motion and commented with regard to Vision 2015 and the present staff level. Speaking in opposition to the proposed motion, Councillor Farren expressed the view that there is no need to increase senior staff and noted that provision for this expense has not been included in the 2006 budget. Responding to a question raised by Councillor Court, Mr. Beckett advised that it is stated in The City of Saint John Pension Act that the Commissioner of Finance is the Treasurer of the Pension Plan adding that he believes not enough time is able to be spent on pension matters when the two positions are combined. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the Council meeting proceed beyond the designated adjournment time of 10:00 p.m. Question being taken, the motion was carried. Question being taken, the motion was carried with Councillors Court, Ferguson and Farren voting "nay ". 92 -124 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 13. Rapports deposes par les comites 13.1 Rapport du comite plenier relativement a la dotation des postes superieurs Proposition du conseiller Tait Appuyee par le conseiller Chang RESOLU que, comme le recommande le comite plenier, le directeur general soit charge d'annoncer deux postes distincts a ('interne et a 1'externe afin de remplir les postes de commissaire aux finances et de commissaire aux services administratifs. En reponse a une question soulevee et faisant allusion aux competences requises, M. Beckett est d'avis que si I'on continue de combiner les deux postes, it faudra recourir aux services d'un comptable professionnel; et indique qu'un ensemble de competences differentes peuvent s'averer necessaires pour le poste de commissaire aux services administratifs. Une breve discussion s'ensuit et le conseiller Ferguson explique qu'il ne peut appuyer la motion proposee et discute du programme Vision 2015 et du nombre d'employes actuel. Le conseiller Farren s'oppose a la motion proposee et est d'avis qu'il n'est pas necessaire d'augmenter le personnel de gestion et souligne que la provision pour cette depense ne fait pas partie du budget 2006. En reponse a une question soulevee par le conseiller Court, M. Beckett indique que la Loi sur le regime de retraite de The City of Saint John stipule que le commissaire aux finances est le tresorier du regime de retraite, ajoutant qu'il croit qu'il n'est pas possible d'accorder plus de temps aux questions de retraite lorsque les deux postes sont combines. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que la reunion du conseil se poursuive apres I'heure d'ajournement designee de 22 h. A ('issue du vote, la proposition est adoptee. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Ferguson et Farren votent contre la proposition. 13.2 Committee of the Whole Reports On motion of Mayor McFarlane Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole: Councillors Court and Tait be named to attend the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water, April 1 -4, 2006. Councillor White be appointed to the Festival and Events Saint John Association Board, Uptown Saint John, until his current term as a Councillor expires. Councillor Tait be appointed to the Saint John Development Corp. until the termination of the Councillor's current term. Michael Bradley and Gary Jacques Chouinard be appointed to the Fort LaTour Development Authority for a term of three years ending on March 13, 2009. Gordon Thorne be re- appointed to the Canada Games Aquatic Centre Commission to March 31, 2009. Valerie Kidney, Debbie MacDonald and Michael Gillis be appointed to the Preservation Review Board for a term of 3 years to January 1, 2009. 92 -125 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 The following individuals be appointed to the Planning Advisory Committee for a term of 3 years ending January 1, 2009: Stephen Cronk (re- appointed) and Bernie Regenbogen (to replace Cyril Smith). Heather Acker, Beverley Day, Danny Jardine, Chuck McKibbon and Adrian Adams be appointed to Pro Kids for a term of 2 years to December 31, 2008. Councillor Farren, Barry Ogden and Craig Nickerson be appointed to the Leisure Services Interim Committee until the termination of Councillor Farren's current term on Council, and until the completion of the Committee's mandate respectively. Patricia Chisholm and Deborah Armstrong be appointed to the Saint John Free Public Library for a term of 3 years ending December 31, 2008. Wallace MacMurray, Eric Teed, Steven Ashford, Brenda Farren and John Noddin be appointed to the Rockwood Park Advisory Board for a term of 1 year ending March 13, 2007. Nathalie Godbout be appointed to Enterprise Saint John (Board of Trade Nominee) for a term of 3 years ending March 13, 2009. Councillor McGuire and Alex Coffin be appointed to the Jeux Canada Games Foundation until the termination of Councillor McGuire's current term on Council, and for a term of 3 years ending March 13, 2009 respectively. Councillors Titus and Farren and Wayne MacLellan be appointed to the Saint John Harbour Bridge Authority until the termination of the Councillors' current terms on Council, and for a term of 3 years until March 13, 2009 respectively. Bernard Desmond and Chris Cook, CA be appointed to the Power Commission of the City of Saint John for a term of three years ending March 13, 2009. Question being taken, the motion was carried. 13.2 Rapports du comite pienier Proposition du maire McFarlane Appuyee par le conseiller Farren RESOLU que, comme le recommande le comite plenier : les conseillers Court et Tait soient choisis pour prendre part a la 12e Conference nationale canadienne et au 3e Forum sur les politiques en matiere d'eau potable du 1 er au 4 avril 2006; le conseiller White soit nomme pour sieger au conseil de I'Association des festivals et des evenements de Saint John, Uptown Saint John, jusqu'a ce que son mandat actuel a titre de conseiller prenne fin; le conseiller Tait soit nomme pour sieger au conseil de la Corporation d'amenagement de Saint John jusqu'a 1'expiration du mandat actuel du conseiller; Michael Bradley et Gary Jacques Chouinard soient nommes pour sieger au Comite pour la mise en valeur de Fort LaTour pour une duree de trois ans se terminant le 13 mars 2009; Gordon Thorne soit nomme de nouveau pour sieger a la Commission du centre aquatique des Jeux du Canada jusqu'au 31 mars 2009; Valerie Kidney, Debbie MacDonald et Michael Gillis soient nommes pour sieger au Comite de revision sur la conservation pour une duree de trois ans se terminant le 1 er janvier 2009; les personnes suivantes soient nommees pour sieger au Comite consultatif d'urbanisme pour une duree de trois ans se terminant le 1 er janvier 2009 : Stephen Cronk (nomme de nouveau) et Bernie Regenbogen (pour remplacer Cyril Smith); 92 -126 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 1LE 13 MARS 2006 Heather Acker, Beverley Day, Danny Jardine, Chuck McKibbon et Adrian Adams soient nommes pour sieger au Comite sur Pro Kids pour une duree de deux ans se terminant le 31 decembre 2008; le conseiller Farren, Barry Ogden et Craig Nickerson soient nommes pour sieger au comite interimaire des Services des loisirs jusqu'a 1'expiration du mandat actuel du conseiller Farren au conseil communal et jusqu'a la fin du mandat du comite respectivement; Patricia Chisholm et Deborah Armstrong soient nommees pour sieger au conseil de la bibliotheque publique de Saint John pour une duree de trois ans se terminant le 31 decembre 2008; Wallace MacMurray, Eric Teed, Steven Ashford, Brenda Farren et John Noddin soient nommes pour sieger au Conseil consultatif du parc Rockwood pour une duree d'un an se terminant le 13 mars 2007; Nathalie Godbout soit nommee pour sieger a Enterprise Saint John (candidate proposee par la Chambre de commerce) pour une duree de trois ans se terminant le 13 mars 2009; le conseiller McGuire et Alex Coffin soient nommes a la fondation Jeux Canada Games Foundation jusqu'a 1'expiration du mandat actuel du conseiller McGuire au conseil communal et pour une duree de trois ans se terminant le 13 mars 2009 respectivement; les conseillers Titus et Farren et Wayne MacLellan soient nommes a ('Administration du pont du port de Saint John jusqu'a 1'expiration des mandats actuels des conseillers au conseil communal et pour une duree de trois ans se terminant le 13 mars 2009 respectivement; Bernard Desmond et Chris Cook, C.A., soient nommes pour sieger a la Power Commission of the City of Saint John pour une duree de trois ans se terminant le 13 mars 2009. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 St. Pius X Church Traffic Lights Concern (Refer to City Manager) On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the letter from St. Pius X Church regarding safety concerns with the amber flashing light located at the top of Somerset Street, be referred to the City Manager for action as soon as possible. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil 14.1 Preoccupations quant aux feux de circulation pres de I'6glise St. Pius X (Transmettre au directeur g6n6ral) Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la lettre de 1'eglise St. Pius X, concernant les preoccupations en matiere de securite relatives au feu clignotant orange, situe au bout de la rue Somerset, soit transmise au directeur general afin que les mesures necessaires soient prises des que possible. A ('issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion.) 92 -127 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 15. General Correspondence 15.1 Request for Financial Donation from New Brunswick Day Committee On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the letter from the New Brunswick Day Committee requesting a financial donation of $1,000., be referred to the City Manager. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Demande de don en argent provenant du Comite sur la journee du Nouveau - Brunswick Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que la lettre du Comite sur la journee du Nouveau - Brunswick, relative a la demande d'un don en argent de 1 000 $, soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 15.2 City of Abbottsford - Energy Infrastructure Projects On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the letter from George Ferguson, Mayor of Abbottsford, B.C. offering assistance on the impact of energy related infrastructure projects that may have negative environmental issues be, received for information, and a letter of thanks be sent to Mr. Ferguson. Question being taken, the motion was carried. 15.2 Projets concernant ('infrastructure energetique de la ville d'Abbottsford Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que la lettre de George Ferguson, maire de Abbottsford, C. -B., visant a offrir ses services relativement aux repercussions des projets d'infrastructure energetique connexes qui pourraient entrainer des problemes environnementaux nuisibles, soit acceptee a titre informatif, et qu'une lettre de remerciements lui soit envoyee. A ('issue du vote, la proposition est adoptee. 15.3 Eric Teed - Seniors Advisory Board On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the letter from Eric Teed requesting appointments to the Seniors Advisory Committee be referred to the Nominating Committee. Question being taken, the motion was carried. 15.3 Lettre de Eric Teed relative au Conseil consultatif des aines Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que la lettre reque de Eric Teed, dans laquelle it demande la nomination de nouveaux mandataires pour sieger au Comite consultatif des aines, soit transmise au Comite des candidatures. 92 -128 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 13, 2006 /LE 13 MARS 2006 A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. 16. Cloture de la reunion Le maire declare que la seance est levee a 22 h 15. Assistant Common Clerk /Greffiere communale adjointe 50 Brigad on Terrace Estate of Thomas . Graham Re: Estate of Thomas L. Graham Red Head Road Mayor & Council City of Saint John Common Clerks Office 8 Floor City Hall Saint John N.B. Re: Red Head Access Road /Acquisition I would like to give my support to the success of the L.N.G. project. I I represent the estate of my father Thomas W. Graham that holds a share in 50 -acre farm on red head road (The estate of Thomas L. Graham). We hold 12/3 share of the original 9 shares. While I do not have the control over other shareholders, I feel this project o er the long haul is a tremendous investment in our community and the new road is long ov rdue. Any support and co- operation I can give to the L.N.G. project is 100 %. Sincerely Peter Graham Executor - Estate of Thomas W. Graham Common Clerk's Office Bureau du greffier communal www. saintjohn. ca March 27, 2006 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.O. Box /C.P. 1971 Saint john, NB /N. -B. Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment — 71 & 84 Kennedy Street A Public Presentation was given on February 13, 2006 of a proposed municipal plan amendment to re- designate on Schedule 2 -A and 2 -B of the Plan, a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101, and a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID Number 00377218, from Medium Density Residential to Light Industrial classification to permit rezoning of the properties from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial as requested by 511789 N.B. Inc. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, May 8, 2006 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment U � Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom dudemandeur }H 781 NU 1ricen(Setirz ftlgjw Mailing Address of applicant / Addresse postale du demandeur � () 16 � t, T S G A Postal Code / Code postal Telephone Number / Numdro de tdldphone ce 14 65-0 Home /Domicile )ZG �✓U �)O_2J Work /Travail lE II l�l�—�ls —S Fax Number / Numdro de t6ldcopieur --3 �p JI �C) Name of Property Owner (if different)/ Nom du propridtaire (+si Idiiffdrelnt) Wen Address / Adresse IF y� R t ve1fje. 'f pI H lr_ ram — We tTiiP I 1 �i I Property Information / Renseignements sur la propriete Location / Emplacement Civic # / No de Postal Code / Code postal: F UG3 PID / NIP lz�f 1. Lot Area / Superficie du lot 1 � I rn JStreet Frontage / Facade sur rue ryAr� Existing Use of Property / Utilisation actuelledelapropridtd �i3 ilr ccMma�•io� 4rarellous4 & dlfiCP spq�& Present Municipal Plan Land Use Designation I I f 11 Ddsignation actuel de utilization des terres sur le plan municipal iiN t: f Ah) den CIV res "de R u � Present Zoning / Zonage actuel R A qq I ` I Amendments Requested / Modifications demandees unicipal Plan / Plan municipal 1 Change Land Use Designation to / Modifier la ddsignation de ('utilisation des terres ai, jr�d4r f i c I _ and/or /ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Z ning By -law/ Arretd sur le Zonage a UC �j� Change Zoning to /Modification du zonage a I �� —,� and/or Iou ❑ Text Amendment (indicate particulars on attachment) / Modification due ( indiquez les ddtails en JAN 0 ^ ' Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site d 1'echelle illustrant votre proposition. Vous pouvez egalementfournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propriete, ['emplacement de la totalite des bdtiments, des allees, des sires de stationnement, des amenagements paysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de to propriete et !es bdiiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient @tre approuvdes. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait Etre utile. I m I csi Pg_v s am,�v�u PXPandlnm IY+i_�opo aj 't �r more cor mavhc� :nAr Signature of Applicant / Signature du demandeur Date $400 Application Fee Enclosed/ Ci -joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vows n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire daps la partie the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire aulorisant le required for consideration by Common Council. traitement de to presente demande est requise pour que cett derniere soil examinee par le conseil communal. Signature of Owner (if applicable) 4b Signature du propridtaire (s'il y a lieu) Date PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT • s ■ • m � u _m M u m vi ■ u ■ 101 : IW o I- 11 _i r is R M- 1 29 m PID(s) /NIP(s): Subject Site: site en question: 00377101, 100377218 Location: 71 and 84, rue Kennedy St. Date: January/janvier 11, 2006 Scale /echel le: 1:2000 ,m i■i■iri■irid lam, M Oro C� .0 c ,r i 5 ;r 1 1 ;i \ m 1 i l Id YC � New_,_. —" -North N m N � � m � n rn z m 70 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 71 & 84 KENNEDY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedules 2 -A and 2 -B of the Plan, from Medium Density Residential to Light Industrial, the following properties: a) A parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) A parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377218 as illustrated below. (INSERT MAP) and 2. Add the following to the list of Approved Light Industrial Developments in sub- section 2.4.7.15: "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID numbers 00377101 & 00377218." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 13, 2006 in the Council Chamber, Lobby Level, City Hall. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 71 et 84, RUE KENNEDY Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John envisage d'examiner des modifications a apporter au plan d'amenagement municipal afin de : 1. Faire passer la designation des lots suivants aux annexes 2 -A et 2 -B du plan de zone residentielle de moyenne densite a zone d'industrie legere : a) une parcelle de terrain dune superficie d'environ 1 190 metres caries (12 809 pieds carr6s), situee au 71, rue Kennedy et portant le NID 00377101; b) une parcelle de terrain d'une superficie d'environ 450 metres carr6s (4 844 pieds carr6s), situee au 84, rue Kennedy et portant le NID 00377218; comme le montre la carte ci- dessous. (INS$RER LA CARTE) et 2. Ajouter les parcelles de terrain suivantes a la liste de zones a industrie 16gere a titre de d6veloppement approuve a 1'alinea 2.4.7.15 a xx) les parcelles de terrain d'une superficie totale d'environ 1 640 metres canes (17 653 pieds caries), situe'es aux 71 et 84, rue Kennedy et portant les NID 00377101 et 00377218. » Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du Conseil communal le lundi 13 fevrier 2006 dans la salle du Conseil de 1'h6tel de ville, an niveau du hall d'entree. REASON FOR CHANGE: To permit rezoning of the properties from "RM -1" Three Storey Multiple Residential to "I -1" Light Industrial. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 15, 2006. Enquiries may be made at the office of the Common Clerk or 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. J. Patrick Woods Common Clerk RAISON DE LA MODIFICATION: Permettre le rezonage des propri6t6s en vue de les faire passer de zone A Edifices A logements multiples de trois 6tages « RM -1 » a zone d'industrie 16g&e a I -1 ». Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 15 mars 2006 A Pattention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau de la greffier communal ou au bureau de Purbanisme et du d6veloppement A Phbtel de ville au 15, Market Square, Saint John, M -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6rie's. J. Patrick Woods Greffier communal s =i&e r ue 0 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, January 31, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: Telephone: (506) 658 -2862 Public Notice © Sub - Headline if applicable): Text: Re - MPA - 71 & 84 Kennedy St. Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: I Redesignating on Schedules 2 -A and 2 -B of the Municipal Plan, from Medium Density Residential to Light Industrial classification, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377218. 2 Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID numbers 00377101 & 00377218." - 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. 2006 and signed by: Mayor/Maire ARRETE N° C.P. 105 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Que soit ddictd par le conseil communal de The City of Saint John, dfunent convoqu6, ce qui suit; L'arr&6 relatif au plan municipal de The City of Saint John 6dicte le 3 janvier 2006 est modifie' par : I la modification du plan municipal, aux annexes 2 -A et 2 -B, en vue de faire passer la d6signation des proprie't6s suivantes de zone r6sidentielle de densitd moyenne a zone d'industrie I&g6re : a) une parcelle de terrain d'une superficie d'environ 1 190 metres carre's (12 809 pieds carre's), situe'e an 71, rue Kennedy et portant le NID 00377101; b) une parcelle de terrain dune superficie d'environ 450 m6tres carre's (4 844 pieds carr&s), situe'e au 84, rue Kennedy et portant le NID 00377218. 2 1'ajout des parcelles de terrain suivantes a la liste de zone a industrie le'g6re a titre de de'veloppement approuv6 a 1'aline'a 2.4.7.15: a xx) les parcelles de terrain dune superficie totale d'environ 1 640 m6tres carr6s (17 653 pieds carre's), situe'es aux 71 et 84, rue Kennedy et portant les NID 00377101 et 00377218, » - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le * jour de * 2006, avec les signatures suivantes: Common Clerk/Greffier communal First Reading — Prerm&e lecture Second Reading — Deuxic'me lecture Third Reading — Troisi6me lecture Common Clerk's Office Bureau du greffier communal \% \% ca.saintphn.ca P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 41,1 January 23, 2006 / 23 janvier 2006 511789 NB Inc. P.O. Box 906 Saint John, N.B. E2L 4C3 Dear Sir or Madam: Re: 71 & 84 Kennedy St. Enclosed is a copy of the Public Notice regarding a proposed Municipal Plan amendment for redesignation of the above property. Following the date for the receipt of objections, namely, March 15, 2006, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, J. atrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. Monsieur, Madame, Objet: 71 et 84, rue Kennedv The City of Saint lohn Vous trouverez ci- annexee une copie de I'avis public relatif a une modification envisagee au plan municipal en vue de la redesignation de la propriete ci- dessus. Apres la date de reception des objections, c'est -a -dire le 15 mars 2006, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique et demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, Madame, 1'expression de nos sentiments distingues. 979 Manawagonish Rd. Saint John, N. B. E2M 3X2 March 17, 2006 Mayor Norm McFarlane and Council City of Saint John P.O. Box 1971 Saint John, N. B. E2L 4L1 Your Worship and Councillors A committee has been formed at St. Rose School to help raise money for a new playground structure (see attached). It is hoped that Common Council can assist with this endeavour through a donation from the Land for Public Purposes Fund in the amount of $15,000 to help support health and education in our community. The present playground structure does not accommodate the 300 children who attend St. Rose School, therefore only grades K -2 students can use the present structure. We would like all the children to benefit from the playground. The District #08 budget does not allow enough funds for these playground structures. The playground is more of a community playground as it is used by: the YMCA program held next door at the Church of the Good Shepherd; the after - school program at St. Rose School; a City run summer program for children in the west side; and by families of the community whose children are not yet school -aged. Your donation would therefore benefit a great number of children in the Lancaster area and would go a long way to enhancing our community. It is our intent to have this new structure in place by August of 2006. The school's new playground committee has started its own independent fundraising already, relying heavily on parental support, Due to policy 708 from the Department of Education, children at the K -5 level are not allowed to be involved in any door -to -door campaigns. Also, policy 711 encourages healthy eating, so school bake sales are not encouraged. However, we have raised funds through a `Peeler' campaign, have an auction coming up the end of this month, a magazine campaign is planned for mid -April and a giant flea market is planned for May. Like many other organizations we have also been seeking local support and applications have been made to various organizations for funding. The Kiwanis have given us their support and are making this project their number one campaign for this year. We anticipate raising $20,000 through all of these efforts. District #08 have agreed to save us the tax and provide the necessary excavation work and pea gravel. So the total cost of this endeavour would be $40,000. -2- We hope that the City of Saint John will support this worthy cause. If you have any questions, concerns or suggestions, please don't hesitate to contact me at 672 -1354. Sincerely, , 1 Kelly Campbell, Chair, St Rose School Playground Committee and PSSC member Encl. VIP050494 Play Structure (New code number) 2 ACCESSIBLE STAIR(S) - 14" 1 ACCESSIBLE STAIR(S) - 28" 1 ALPHABET SCRAMBLE(S) 1 BOW -TIE CLIMBER(S) - 34" PLATFORM 1 CLIMBING LADDER(S) 1 CROSSOVER(S) 1 ELBOW BRIDGE(S) 1 ENCLOSED STAIR(S) C/W SPINDLE RAILINGS (34" ) 1 FENCE(S) c/w STEERING WHEEL 1 OVERHEAD ACCESS STEP(S) 1 RING LADDER(S) - 900 1 SET(S) OF 2 HALF FENCES 1 SHIP'S LADDER(S) - REPLACES MESH CLIMBER 1 SHIP MATE CLIMBER(S) 1 SIGN LANGUAGE PANEL(S) - 3/4" COMPRESSION MOLDED PLASTIC 1 STAINLESS STEEL SLIDE(S) - 8' GANG 1 STAINLESS STEEL SLIDE(S) - 10' DIVIDE -A -SLIDE 1 STAINLESS STEEL SLIDE(S) - 12' SPIRAL 7 STEEL PLATFORM(S) -VINYL COATED RECTANGLE 1 STORE FRONT(S) - 3/4" COMPRESSION MOLDED PLASTIC 1 SWING- A- LING(S) 1 TRAPEZE BRIDGE(S) 1 VORTEX CLIMBER(S) - STEEL Pricing VIP050494 Play Structure $ 29,820.00 Installation $ 57630.00 Freight (Medicine Hat, AB to Etobicoke, ON) No Charge Freight ( Etobicoke, ON to Saint John, NB) $ 11440.00 Subtotal $ 36,890.00 15% HST /GST $ 5153150 Grand Total $ 42,423.50 M & C — 2006 -74 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road Michael McHugh Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. Michael McHugh and to secure Council's support to acquire a 3,122 square metre +/- portion of PID Number 337691. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 3,122 square metre +/- portion of PID Number 337691 (see attached plan) from Michael McHugh, pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c ° g r, ��p � a�• i eoS EY � � 8 � ds 'DN R i Se asa E d . Y� 1� _ � �' - N .� An A .m2 g 5 if by s PC •'j^. 8$ F -• $ �� ! �YY� i OUR UNS, I al. Y9 �Jg .3= lou -a "� a JAI N� Is CIS I9ysaa @ oc r 9 Ssv $ 5 _ � �v. '��y�as "�a�?� �a.�, �Q��� § e �;pge�� €j�e 8��,� # &��i #•";" $yia��s fr Ep e� •� o u �5�y ���$ 5R a; tBay a'Eu� °Y6§..ggY �gg pka Sag sz 4��9 «« y >i o ° �a xs96i Sit xS 9Wr•• ^zS31'3s_11 Ni sa 1�y r v ° izh aye ➢ °r'� '�y b 4G a° b is \ b TD �YS '`� . y° E `i.$ w... yB' exba Oil •} i y \]t' 3 1 4d eg mil. T� d +\ b 9�L6'Q�,�+ ( as ataa 4'�p yTi� WI 000 owa �EP, 1 0_ an \. \ J a \ ➢� Q "� i���.a•I Cl i•o�iC 11ar -22 -06 04:57rm From- 61cCuals Dssrochers LLP +4260862 T-198 P102/008 F -366 TAis AGREEMENT made as of the dayof4ANWARAAD, 20ob. BUWUN: J' t ICLcte` MC44kj , hereinafter called the "Vendor" OF THE FWT PART M, THE CITY OF SAINT JOHN, is the County of Soint John and Province of New Brunswick, a body corporate., hareiaafter celled the "Purchaser" OF TM SECOND PART WITNI333$THthat: The Vendor agrees to sell to the Purchaser in fee simple free from all encumbisnees and the Purchaser agrees to purchase from the Vendor, all that certain lot piece or parcel of land situate, lying and being in the City of Saint John, in the Province of Now Brunswick, more particularly described ht Schedule "A" atta0hed hereto and forming a pan hereof. r� 'i-hfd<r - +1�euaond �'� The tuW purchase price of the said land shag be etas +., - s,x d vtt ors �° w 30 �b •04 'I of lawful money of Canada, payable as follows, that is to say: (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the r w ;nt whm f by the yendor.is berrb4acknowlataede a "d $hrsc Vha4La d *m ' (b) Tebalanc8ofi e,• � ;iv ,0 3,°85: °O tm ibeclosing date hereinafter mention= 3, The closing date shell be tla;4 duy of March. 2000. or such earlier date us may be agreed upon. 4. The Purchaser shalt investigate the title to the said land at the Purelmaces expense and shall have ten days (10) days from the date hereof for that purpose. The purchaser shall be deemed to have secopted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. if the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or altempis to remove such objections or to comply with such requisitions) at the Veridor's option cancel this Agreement by delivering notice to that effect to the Purchaser: In the went of such notice of cancellation, the Purchaser may within three days (3) [lays after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that affect whereupon this agreement shall be reinstated in full force and effect. if this agreantent shall be cancelled by reason of the inability or unwillingness of the Vendor to ineet a lawful requisition tlar -22 -06 04:67pm From-tMcCualg Dssrochars LLP :4260062 T -106 P.003/009 F -366 • 00 an or objection to titic, the sum of One 0 d Dollars (5 paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. S. The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in regiaterable forth, approved byiho Purchaser. . b. All normal adjustments, Including real property taxes, shall be adjusted as of the closing date. , 7, Time shall be of the essence in &a Agreement. S. It is understood and agreed that because of time requirements, expropriation proceedings may be. commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendorwlll allow the Purchaser entry upon the said land Lathe event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser wilt contribute the sum ofThm Hundred and Pi@y Dollars ($350.00) towards the Vendor's legal fees and will pay registration fees. 4. The Vendor must execute this Agreement and deliver it td the Purchaser on or before noon local time, aaYJYhara� l"Ry�o0O 1 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and scale the day and year first hereinbefore written. SIGNED SEALED AND DELIVERED . ) by the Vendor ) in the I)"== of ) SIGNFJ7 SEAJ PD AND DE4IVERED ) THE CITY OF SAINT JOHN by the Purchaser ) _ in the presence of Y. Mayor. N.M. McFarlane and: Common Clerk: J. Patrick Woods 2 M & C — 2006 -71 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road James Malcolm and Sandra Elizabeth McAfee Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. and Mrs. McAfee and to secure Council's support to acquire an 8,067 square metre +/- portion of PID Number 338335. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 8,067 square metre +/- portion of PID Number 338335 (see attached plan) from James Malcolm and Sandra Elizabeth McAfee, pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c R g0 }g ga�< ° pN c a 'g ! ` N @ N e4 a �gS a) 8 yx yga ,yyy¢¢� gSn �58�� � tNn$ u � � � � $ Zg` `e €iu a a °.'es ceYt� ya go g z�� jy $a E 0 66Ayy WTI i$'F 'moo. ° a �'"Sy,�Z ` rri• e r• m . €a S a ; $ TT� #; � }}� 8pyp'' 4$P s 9 ! �fr aye V: e ; x� g •�" o 8 t g h• gpC e e 5 a r PV 3 sA a re $$e N rrn. @ d cn e •> of �'Sdm 65¢,R g R 5 ov 39 o m 8 - r J" p a ® b g F 5 K$ y3 of �m �9 J RSg /=m ^o�BSB3E$JS °£ 9458 .���° � d pcp 1 �a Cl V1V x d d rN E g'4 1j, rcb \ a m � gEo °�o,bs Y + No,3F All G�,vm46 •� F ,ax.,e o'o a as 405 V '•\ 0. "y %A 1� + �`•Y '^�¢F \ \ OJO 0Y6 i !a p4b b 11 8 d9e S e i g �( IB e� a..-t `3 pypy yyyy$i C`8 Pit �mO $. w ���8a$ aa?B99 aE•5 \ Eo Q \ R I�•EU ®�I (i iio�i� R r )NA aoc� THIS AGREEMENT made as of the day oNA96t.AR -Y, A.D. 2006. BETWEEN: , MakI co( 1rk Catn Qnpt(`c'k t�I12.CiDer, M c.,4 4 e e, hereinafter called the "Vendor" OF THE FIRST PART and THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate„ hereinafter called the "Purchaser" OF THE SECOND PART WITNESSET1-Ithat: The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, more particularly described in Schedule "A" attached hereto and forming a part hereof. q Sf_'uevN'kOttSCtnd tt ivi e 2. The total purchase price of the said land shall be 110 1 ($ �. CRLA , ) of lawful money of Canada, payable as follows, that is to say: (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by th Vendor is hereby acknowledged; and 5e Vve rt+Aousa-m o c (b) The balance off 4.,'ln'e h uh d r'e a ($"�� 3 • ) on the closing e+. date hereinafter me tone 3. The closing date shall be th.c,1-5"'Oday of March, 2006, or such earlier date as may be agreed upon. 31 4. The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition can on or objection to title, the sum of Or)C. JOQQ I�' Dollars ($ 1 • ) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 5. The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in registerable form, approved by the Purchaser. 6. All normal adjustments, including real property taxes, shall be adjusted as of the closing date. Time shall be of the essence in this Agreement. 8. It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Three Hundred and Fifty Dollars ($350.00) towards the Vendor's legal fees and will pay registration fees. * see reverse 9, The Vendor must execute this Agreement and deliver it to the Purchaser on or before noon local time, 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED SEALED AND DELIVERED by the Vendor in t pres v~........... SIGNED SEALED AND DELIVERED by the Purchaser in the presence of ........ ............................... I .... THE CITY OF SAINT JOIIN by: Mayor: N.M. McFarlane and: Common Clerk: J. Patrick Woods Provided however that the Vendors shall be permitted to remove the topsoil O the work') from the propert dejqcribed in Schedule W. The Vendor shall have until *ay"r5 2006 to do so. To the extent that the work has not been performed prior to the closing da'te�P� the provisions of this Agreement allowing the Vendor until A4iS 2006 to complete the work shall continue in full force and effect in accordance with the terms. The completion of this Agreement and /or any release documentation or other documentation executed in furtherance therof shall not terminate the Vendors right to complete the work by , 2006. 4:7-- / /) r O 4' M & C — 2006 -70 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road Todd Aube and Nicolle Hebert Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Todd Aube and Nicolle Hebert and to secure Council's support to acquire a 420 square metre +/- portion of PID Number 55043780. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 420 square metre +/- portion of PID Number 55043780 (see attached plan) from Todd Aube and Nicolle Hebert, pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c D b gF ' #ve�gg y m S m a g $ Zia m> 863e� Ad o a• $ § 3 fie€ a g �g$e�& Eg cbi.q�a v �Z •..Y y'� � ca s $'e �g a �a Se °s s. x e o o$g.s�Z 6 erg effia 8u��� °° " m @ § §! s YvR�;a r �3�J@ nab r a° e a y e" t:pppp g9a98�e Iaagg��LE$3a 11s "SNE O °5 8 5 gyp 8 nFE �@ B 5� ggEgs$Y. 1 3gm a 228.0 2P RUH � ® a ��as �m $. lazs94i s3zgg�9 r.1SZE32N2all §§ nx: � e W 019 L `l j a >6 d 19 \ o T L $ �J3 S € �'.A 4� Y .� 0S \ �Ra C m 1 vNio J � � i`4 P dO /.� I � •r t cu OX c co I 0Y9 L a 82 UPI �' " 3l a�g�S'�}£43�i: n 3 yf k� � �'• vin m Asa €�� <�'l Vd,.! ,� r a r� b s0 d QaS d3�� "s�flE QgB3b THIS AGREEMENT made as of the day of+ANUAfff,—A.D. 2006. BET WEEN:Todj l9l hereinafter called the "Vendor" OF THE FIRST PART and THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate„ hereinafter called the "Purchaser" OF THE SECOND PART W I T N E S S E T H that: 1. The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, more particularly described in Schedule "A" attached hereto and forming a part hereof. --krp � ourj, seJer 2. The total purchase price of the said land shall be hvyr red an e tj h n l la r S ($'3 � o0 �Q. ) of lawful money of Canada, payable as follows, that is to say: (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by She Vendor is hereby acknowledged; and ,� + Fi�ouSwn sere d, (b) The balance ofhunJreri�tSeUen�ar4� f$�j� }�q. )on the closing Q date hereinafter mentioned. n� nr 31 3, The closing date shall be the,4eday of March, 2006, or such earlier date as may be agreed upon. 4. The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition d0`kA+ 00 on or objection to title, the sum of DY7 �2. Dollars ($ 1 ) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 5. The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in registerable form, approved by the Purchaser. 6, All normal adjustments, including real property taxes, shall be adjusted as of the closing date. 7. Time shall be of the essence in this Agreement. S, It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Three hundred and Fifty Dollars ($350.00) towards the Vendor's legal fees a d will pay re istration feesv,»c� any QPl° I rCa9'e. ?rocessinn +Ices:40ft, �%narlc�0.� i>,).S+ ultbnS• 9. The Vendor must execute t isAgreement and deliver it to the Purchaser on or � before noon local time, Wednesday, TLe�,2006, 10. This Agreement shall be construed and enforced in accordance with the lawns of the Province gf New Brunswick. S e- 1C S $fie its 4 Su f'o 7 Y oa� 11, Gtn nrv,o e �o hhe cxisf�aq P y es4t,'s�ct' an off' +h� re- consfrvct� w� ll �e re�q ecel°lacec7 fn �POPer by , IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first SIGNED SEALED AND DELIVERED by the Vendor Z7 in the presen SIGNED SEALED/AI�6 DELIVERED by the /chaser ) in the presence of ) ............... I............................ ) by: THE CITY OF SAINT JOHN Mayor: N.M. McFarlane Common Clerk: J. Patrick Woods M & C — 2006 -68 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road Harold and Hildegared Deep Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. and Mrs. Harold Deep via power of attorney with their son, Christopher Deep and to secure Council's support to acquire a 160 square metre +/- portion of PID Number 337188. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 160 square metre +/- portion of PID Number 337188 (see attached plan) from Mr. and Mrs. Harold Deep, pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment *01. % ` e 8 d €S BS E b!M 8� 4 n •n a s E$ �5 "' a a AA d. a � pp55 g R ppp F 9 K 4i q yRpp• ° d Nvcut caE .'t y «��� o�¢¢u ZJ R g a a a u uc o v T f 4pp g .�.� Y g5 8 z 5( '� C # �'aK . c o yQa'$ya iF a.u5 3c� t $ IL 7 V) y o m §yNJ081agg4 ¢ d�" k �;, rc aR�_ E s 9 sa9Q9 s•s sa 9 €� k.'r Y �3 oil n M 0 V$P i i fig, L g ,...,.,.,. '\ \ de j . 9 1 a 'yR•N `lj iqm �m22 aa+�AbJ d. °¢¢yD$ , id 3 i Y •g i'a4Y 1 gYeD -,� oil is .�' Road s i �\ seu:y�t• °aka= 1 °°" Red N ad NeOd ` a3•s5-F s:c=!ei J� �.ic�n , . �. Chem nag .�._' c i�_�-1-x.:��t`-{ � ayr.Et ,�.' °SSE E o + -p g •a k)3Y E jinttgqd witl 3 =•�E FeE'i.$ t°a bs $p I :. ::::... O 1 10'i6li�g oe THIS AGREEMENT made as of the '�- /� lday oF97k*6 �•D• 2006. ,.lam BETWEEN: I+ar `J b eet b /1.xAPII1 +oP Y�� b `L&iz` , cired hereinafter called the "Vendor" OF TIIE FIRST PART and TIIE CITY OF SAINT JOI IN, in the County of Saint John and Province of New Brunswick, a body corporate„ hereinafter called the "Purchaser" OF THE SECOND PART W ITN ESSETHthat: The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, more particularly described in Schedule "A" attached hereto and forming a part hereof. 2, vG he total purchase price of the said land shall be bh t' 4a.Lsancl Ord e. — �vnd rrc� o-� ei&+y ($ �(), ) of lawful money of Canada, payable as follows, tha is to say: 1 r (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by t e Vendor is hereby acknowledged; and On r i %Cxt3cly op (b) The balance ofd n h ++u P reel ! ($ 1 ) on the closing date hereinafter men)toder. '%1 3• The closing date shall be the ,JSAroday of March, 2006, or such earlier date as may be agreed upon. 4. The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition r r` o 0 on or objection to title, the sum of pn-e do ll ar Dollars ($ ( , ) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 51 The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in registerable form, approved by the Purchaser. 6. All normal adjustments, including real property taxes, shall be adjusted as of the closing date. Time shall be of the essence in this Agreement. 8. It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Three Hundred and Fifty Dollars ($350.00) towards the Vendor's legal fees and will pay registration fees. 9, The Vendor must execute this Agreement and deliver it to the Purchaser on or before noon local time, . Fe I'd 01, M00C k 1'-+, ac�O(p 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED SEALED AND DELIVERED by the Vendor in the pres SIGNED SE ND DELIVERED by the Purchaser in the presence of ........................... 4 ........... 6.... THE CITY OF SAINT JOHN by: Mayor: N.M. McFarlane and: Common Clerk: J. Patrick Woods M & C — 2006 -65 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Ltd. entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. Council also, at its meeting of November 7th resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. and Mrs. Patrick Morrisey and to secure Council's support to acquire a 230 sq. m. +/- portion of PID Number 336370. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in a 230 sq. m. +/- portion of PID Number 336370 (see attached plan) from Mr. and Mrs. Patrick Morrisey the terms and conditions contained in the attached agreement; and further Report to Common Council Page 2 March 24, 2006 2. that the Mayor and Common Clerk be authorized to execute any document required to fmalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:111 r1 M A .j U) �.2M� .` S. y xi(�AI €�4 S.: MO WEE I ►4 4� y/ tl_gd � r '4 $. Zv x ew iao ?�" + 1 �o tQ -I- o /p H. W (\ ri C\C\o\ d g�d8P1 a — n z7 E \ C0 -) / p4 a f � g• a m Q K' N. i 2 @ A u°�'�aQFr7$.� 58gg4vd3� rg33 `p�gg4 v, 6p3F ,m1 A 3 n� H i S�Yp 4if Ag31 &�'¢¢ � ff R �gg F`g q4 E;d �w qZ N = 4 n n K' gip• eWB eg 7a& 65 Bcig gIA M o$ i gi ,$"�}(w k�• c.�� �pp � E.n ��g Rx ..$� @g ��B° ��5 333 ipttp i ppS � PO � � 0 33 SS � g SayR N n 3sg�g�gA a3 R �nFF6 S 3 �� too �Jfk r?�Clf`CI, THIS AGREEMENT made as of the b day of " " wr", R Y , D. 2006. BETWEEN: �rlr�Gd- ,L45hofhorftsP� hereinafter called the "Vendor" OF THE FIRST PART and THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate„ hereinafter called the "Purchaser" OF THE SECOND PART WITNESSET11 that: The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, more particularly described in Schedule "A" attached hereto and forming a part hereof. 2. The total purchase price of the said land shall be { j 1 hundKj C" nl�dt .Aq �K ($ I�'� ) of lawful money of Canada, payable as follows, that is to say: +(,Sri CWI�CAO (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by the Vendor is hereby acknowledged; and --Vr,or-ieo� le) U I (b) The balance of omd ni (fef� �c�tn ($ yq" {, cc on the closing date hereinafter mentioned. v Ist 3, The closing date shall be thcXday of March, 2006, or such earlier date as may be agreed upon. 4, The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition on or objection to title, the sum of OO C J 0 ` 10 r Dollars ($ ' . <)-& ) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 5, The Vendor shall deliver to the Purchaser on the closing date an appropriate deed or transfer in registerable form, approved by the Purchaser. All normal adjustments, including real property taxes, shall be adjusted as of the closing date. 7. Time shall be of the essence in this Agreement. g, It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Three Hundred and Fifty Dollars ($350.00) towards the Vendor's legal fees and will pay registration fees. The Vendor must execute this Agreement and deliver it to the Purchaser on or before noon local time, 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED SEALED AND DELIVERED by the Vendor in the presence of ............ ............................... SIGNED SEALED AND DELIVERED ) by the Purchaser ) in the presence of ) ........ ............................... ) 2 X�a /,lw n 'X� r by: TI IE CITY OF SAINT JOHN Mayor: N.M. McFarlane Common Clerk: J. Patrick Woods M & C — 2006 -63 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Ltd. entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. Council also, at its meeting of November 7th resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners to secure agreements on land values for the project requirements. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate land values, subject to Irving approval of the recommended compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with the Province of New Brunswick, Business New Brunswick and to secure Council's support to acquire a 1.63 acre +/- portion of PID 55119184 and a 0.13 acre +/- portion of PID Number 340372. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in a 1.63 acre +/- portion of PID Number 55119184 and a 0.13 acre +/- portion of PID Number 340372 (see attached plans) from Her Majesty The Queen in Right of the Province of New Brunswick as represented by Report to Common Council March 24, 2006 Page 2 the Minister of New Brunswick Business under the terms and conditions contained in the attached letter of understanding; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:111 p IN .. ..I : :II::t..7... rt 2 N EM .2 + $ 3 w a•t S'e "eidFR� ° i- `fig° Pc..; °s "P: °Saw m CON trig IF 3:i'Ie:is >3 a /yip ®AA $ss lc 94 ts If J If SIM it 5 �a � 3 a` 8 If It rii j m NIf' F 1540000 i /V�\ P D(•i• n1 ® %�S g /aj� ov,m vx IT u� Bn a• � �. � � ° w d • j x "^ .\0900\ / a \ j Y8 $cn wwww w III, s I P, kg 1$' ssf 9L�gif3L c 1�pwkkjj8 Ox c PIP K aw It �' a �.�8 ei �. 0 3.�� �•x°,x g4@ x�ygP $$a =s °ip r gzi�IA g 4SI °2 'Q-. yk g., gkF P�B3�@ t 3 p E , o QQa. §'i � S • - m � a. u CD ' }0 0.„ 414 F p s�; 6 F `I ft - re�d1 IF E3 4 11 3 CD 3d f m PP s 22 ss 98 PPPP 19F FFFFFF FFFF S �d 4 5q�35X R� 3 540 000 a °fig y} 0 0 $ a fi &fie g i1a — ry 3 p • P $ p 8 5$R c a J S a 2 _- s mvi amu2 c.c2 "s$ o Y s`a' 'p L'am •'y^'I m 't mm3 \ c �z.cs =A 4,5 i$ & i @ ol� 3Fge ( 9 ➢8d�g0go,. ^9 �� c toy's °"� °c cz m m. a'T 2mo "ayVl.t # }� VVQZjoovc Wa P " }8 F c u Is nyn.o " c '" �'� •N 9—x 9.: gg s O 5 , 8st3.y bK §§gg 3$E sog N.°' `u m >•� .cC �,y -ciy & 5R ® a z 5 e "ee € Sgifi, o. o a €e n2 un 1 2 y sa9'sxa 31 a9,L..,s $$s "ss a)�az° � 8 3 9. =E € � a Y a $ m $$jj xp e E P g q g \ \ 4 5 Fri orl \ \ HOg Al OOL on Z \ / \ i � �a 2 m 2 5 0 ¢ LZ ID Eta °ia \ VN \y v 8s 2 OZ E ``a Ads lsp' y m w m fs °. J1 9 Vi RUN b� c a � g \ �8 r_ 3 N l a a£gjg x9a£ 96 C.1 vmic yfi° 2 F� 11 :�a H 3411 a'pf 'E; ®961 �m a ;,bP:i•:e5•s =E yy amfpp sS �g,f saFEF.�aaa..b,yCCy a Z. ZR \j easaiz 1 "fig v e?':1 g•'�' 64 9a {gp�$ er8'9va °:a 3eafi�s 9aoo me ,\ £ &•mase5 �§ ay :58ag:»3? "g b7rcx T V 3833Y � ov t ��.RA� ta° n HUM r V ry el Y9 Supply and AppmvLsionnement et Services Services Brunswick C A N A D A Files No, 11 -349 March 6, 2006 towiD Mr. Curtis Langille ► MAR 9 2006 Real Estate Services Planning and Development P.O. Box /C.P.1971 r� Saint John. N. B. E21L 4L1 L Dear Mr. Langille: OF Re: Proposed Red Head Secondary Road This letter is in response to your correspondence dated February 8, 2006, where You outline the City's land requirements for portions of five provincial properties needed for the subject project. Business New Brunswick Property with PID 55119184 We note that the legal plan provided in your correspondence showed an incorrect area for the strip of land noted as "Public Street ". We have contacted "Hughes Surveys and Consultants" who have confirmed that the area required is 5002 m2. Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $7,500 per acre or $9,300 ($7,500 /acre X 1.24 acres). However we prefer that the westerly boundary of the subdivided parcel be squared off which will likely result in a slight adjustment to both the area and value. Business New Brunswick Property with PID 00340372 Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $7,500 per acre or $969 ($71500 /acre X 0.13 acres). Supply and Services Property with PID 00336198 Subject to Executive Council approval we are willing to sell this land to the City of Saint John for $1,500 per acre or $15,090 ($1,500 /acre X 10.06 acres). Please note the necessary approval will take a few weeks. TeVrdldohone: (506) 453.2221 P.O. Box 6000 Fredericton Case oostale 6000 FaxtUldconieur: (506)444.5653 New Bcton k Fredericton Nouveau- Brunswick Visit us at our web site: Canada 113B 51-11 www —_S u.�23l/ Canada E3D SHI Visitor nous a notre site internet: www enb /2221 c /ind r asp .2. Supply and Services Property with PID 00384545 Subject to Ministerial approval we are willing to sell this land to the City of Saint; John for $1,500 per acre or $3,150 ($1,500 /acre X 2.10 acres). Supply and Services Property with PID 00420422 Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $1,500 per acre or $3,435 ($1,500 /acre X 2.29 acres). A condition attached to the sale of the Department of Supply and Services' properties is that access will be physically possible and legally permitted from either side of the secondary road to the remaining Provincial lands. We'll proceed to obtain the necessary approvals upon your confirmation that the City is agreeable with both the conditions and pavments of the aforesaid amounts. Sincerely, /� Z4 . Gary Lellehan Director Property Management Branch M & C — 2006 -64 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Ltd. entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. Council also, at its meeting of November 7th resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate agreements on values with affected property owners for the land requirements of the project. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the appropriate land values for the project requirements, subject to Irving approval of the compensation offered. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff and securing opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with the Province of New Brunswick, Dept. of Supply and Services and to secure Council's support to acquire a 10.06 acre +/- portion of PID 336198 and a 2.1 acre +/- portion of PID Number 384545 as well as a 2.29 acre +/- portion of PID Number 420422. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in a 10.06 acre +/- portion of PID Number 336198 and a 2.1 acre +/- portion of Report to Common Council March 24, 2006 Page 2 PID Number 384545 as well as a 2.29 acre +/- portion of PID Number 420422 (see attached plans) from Her Majesty The Queen in Right of the Province of New Brunswick, as represented by the Minister of the Department of Supply and Services under the terms and conditions contained in the attached letter of understanding; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:111 a fi g� N Eg Hl s n � V � y � s8 � gy,pg zz** daaxy 6K �a y dy Y'fi� i�EE y S �E Ry m �Oi s�OC • � e � to ��� t: a%L $„¢gp.Egg.� �o $�p!;�. WBY3.�ai6��£E�Qg$q € 4® 7i77 § yg $ RR nN.m C $ g �OaQ Y „ gg \ °m66REyg•Sr��aggu��a� gS ois Q� ppp Y � �a zs96i99�am9 � x8 f5!^ d ¢�1 JU�1IgV�1 Q�1�1p p�ylp �Q�SI $$ S$fla13a$81SH6� $$ 'aa a &8 Al E \ L y` c mLJ$o �m,.44,. \n �� 3yJ J3dd eJid a $� 38 888 33 3 3ou83 &emu u3^! :g SSA •o I $ Zm La, e. $ �m 4\ �i w a ��§ -�' nF "CJ gaY`nE $�� i ��. �qg �acZi�� o C 'Q o Z $ m �4 6 ° n S\ $� r�o�F'.��$�dc�9t nnnnnnnnnnnnnnnnnnnn' 2m "b `•'' a A * ''\ •p n psyze.. zla � ¢S n � F � i€' ° R k�F�s � � a ffi6 � •o � ye � d '� Sd z 0 , 0"9 gS � �� TBi + ���e ,.. co" w §71 o y s 4 ,,{y 1= p d�5 ® ® ® ® ®® �q�q �4bb@ 95�d' e� < oJae ��Snor mnN � 83.l�€ /4 and •q. r me ei�b /6d \ o \ 1Ygy o0 g $ a �2 ii p + $ $'$ / 1' •r0 rt• % i \ @dd AN m. i \ \ 9� to p° tt j' $ o J� e d d McGvaen Drive/ \ n McNeen -I- to d ,,b`�U°�d JYa'2, x' ccq.9� eFeg1{ a:' ' Eats F`,1 ❖[{`z 000019E OsM1a �c a L OW li^3 6 §;p tbt:5 °w6i1], a1 0. 14j408Y E G s AAC° to gm tJ ra m I. 1. iiomi � a i m.. �d.,P�' •. _ e ; � �' € � R ! °g� YS yS`, $ €q�p � F m a � v � d N g 8 � °� �� i SS $ 0 g c• 6a d 5.8P F° .Ex N6i'S oB 28 n� ac' CL O a .° ei :� 9.s BY.,�.P 79 �•� y �o �EE fie. s C u tai�Xiia A �A �j• °y -E� o k 31!m1ww�v153H �E a�$a. s�@ 3�� 8➢8 S�� �'�^2 �6 -mip �pB � _ �N 66Yig,8 RAO it 1 lY ♦ ♦ US S d e e CCCCC 3g a'a! $ 3 s mm Flo SN ky }, x `a fq.'n •P� m�p�z34i��$�•e� m$ ���rrHr� �du'1. � gJ4m � � � •S 5 .rm � „ MOM j `& ova asz vb �c2� $'�4'om,°Z�$ <�i• .� ;i' ,g voN n✓'m \ + ONmx i 'bgn,JPO'P1G�Td vb ° d Eo •& Yb 2 j°•Y�' arxyr d �'E, qs gag 4l Y 6 Sgi ti av $c Cb�� \ � •oy. /min \ oe:"zs }e�g,�`��g �wu� w•e v+w..��� � \ my �OG �4' A ✓4m � m 3�'g��SY32�9� 2- VS' b�mN�m44 P.y,\ m SCE " %�tk ��d�86 ycp� yv..3 t 6�fi�i E' e:E i5G Sin j ow m�a DT�2 �� 46J"A.:c54 °�'�`� �\ oo p e I yo• � iy ..gym' dPb' b'�s N � � � .M+ � e � 6g�ffi �b �� �e N ���. u-•� •�' �.'� $ � $ m {jg g@ gg � x` !II § ey s "' LL ✓, ., ' *E§ L' !. H i °�da a§SSFR $x c9 pd mZq�..�.Happ y6.Tlpggp��gqJy s-9 E• tl$ m B UL' UUUg 2S m V u'a � m I s lit �m a�tE5aas9I gn • a�5s� _ 3 ��5 ° �p E`.Y n ♦♦ 1� i c9 6 a Qry E 8 i �i19 gg EY gg e& ^,m q J �m N. as Ypf a',N (Deel add333.. g o yp ,d %] s 0 4 N• u 4mU 6m o y2^3yyrery'.ary�G ~ ri rviX�iiR yy Osj ¢�� a tl•D OOL a'SL + s g8 64A p �cm'dm � m yY o��r°. �ot Z ✓m d \ COL ObsZ .v_$ u �rn T \ 0A� (uY ^'u g '6 3 ne % e,000 P S a��q •i4 pe�.,� 46 0 0 'L 9 p AA Q x` gg ate Noo a ^? M \ 0 d ✓4Z ���,y m W :m PA n G a�mr\ 7J s� � yy� byg y �`�•N'��i9� y '6\000 otsL ma@ 4 a8 4a :ys •S € >a b if lit ..\. •gyp ma � .; ? a �eC,ry °(d��dl„].�8 7 i'ibu L 'pq${ C�'8 n�rvw -�w,oh eww Mnxioo � x ow wx nw. \ my'! i g 4mm'4m ��Z J•yA�'1 d;d 3�fi I 444��i d $ sy�''4"a l �1` °c 3 \ ? pld5m,'o �J'T B i,s,SS5 a$te g�aUS� m 4i 40 \ 70�. March 6, 2006 Mr. Curtis Langille Real Estate Services Planning and Development P.O. Box /C.P. 1971 Saint John. N.B. E2L 4L1 Dear Mr. Langille: Supply and Services Brunswick C A N A D A Files No, 11 -349 Re: Proposed Red Head Secondary Road Approvislonncment et Services MAR 9 2006 This letter is in response to your correspondence dated February 8, 2006, where you outline the City's land requirements for portions of five provincial properties needed for the subject project. Business New Brunswick Propeqy Property with PID 55119184 We note that the legal plan provided in your correspondence showed an incorrect Surveys nd Consultants" who have colnfiirmedtthat the area required is 5002 m2. Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $7,500 per acre or $9,300 ($7,500 /acre X 1.24 acres). However we prefer that the westerly boundary of the subdivided parcel be squared off which will likely result in a slight adjustment to both the area and value. Business New Brunswick Propertv with PID 00340372 Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $7,500 per acre or $969 ($7,500 /acre X 0.13 acres). Supply and Services Property with PID 00336198 Subject to Executive Council approval we are willing to sell this land to the City of Saint John for $1,500 per acre or $15,090 ($1,500 /acre X 10.06 acres), Please note the necessary approval will take a few weeks. Tellr616nhone: (506) 453 -2221 P.O. Box 6000 Fredericton Case oostale 6000 Fax /r$16eeelear (5061444.5653 New Brunswick Fredericton Nouveau - Brunswick Visit us at our web site: Canada F36 5H1 www a an 1� Canada E3B 5H1 Visiter nousanotre site Internet: MM.9rib-ca/2221/index.rasp -2- Supply and Services Property with PID_00384545 Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $1,500 per acre or $3,150 ($1,500 /acre X 2.10 acres). S_ upply and Services Property with PID 00420422 Subject to Ministerial approval we are willing to sell this land to the City of Saint John for $1,500 per acre or $3,435 ($1,500 /acre X 2.29 acres). A condition attached to the sale of the Department of Supply and Services' properties is that access will be physically possible and legally permitted from either side of the secondary road to the remaining Provincial lands. We'll proceed to obtain the necessary approvals upon your confirmation that the City is agreeable with both the conditions and payments of the aforesaid amounts. Sincerely, Gary Lellehan Director Property Management Branch M & C — 2006 -61 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement -Red Head Secondary Access Road BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Ltd. entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. Council also, at its meeting of November 7th, resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate agreement on land values with affected property owners for the project requirements. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate land values, subject to Irving approval for the recommended compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. and Mrs. Daniel McNeill and to secure Council's support to acquire a 40 sq. m +/- portion of PID Number 339366. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in a 40 sq. m. +/- portion of PID Number 339366 (see attached plan) from Daniel and Theresa McNeill under the terms and conditions contained in the attached agreement; Report to Common Council Page 2 March 24, 2006 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:111 ... .... aV ex rns•t�r•ps €€33qp` � qil��' YS'Sv x13 �R �i a:aP �i a575yy6 $? aB9j �nYP3 R 040 100 p 3 a 7 O �r 4 � 9 ti z � z� 1 \ l4" 99Sp a 1 4 -A n 0J n U ITT �N riu Sa 0 K8 mmig � a- n/ \ \ J bt \ \ P W s m m u ° x 16 AU i� f IV F4 x v $ �� ° Via $ m a fryB �qy¢ vg } i °W y G w S. v 4 i°,n }yx fir 4 R' ��5� � iB i' YIA � .$'n 1. °�.4 aB 3 ai 3$� apt YU"Yuu <30 a &R gIY��gy$a �� �B�Q�W� •: � BB F i W r no " FQVF YQ Bg 9 .g o — m 7 Y.R. v A O N R 040 i = m a 2 B l4" 99Sp a 1 4 -A n 0J n U ITT �N riu Sa 0 K8 mmig � a- n/ \ \ J bt \ \ P W s m m u ° x 16 AU i� f IV F4 x v $ �� ° Via $ m a fryB �qy¢ vg } i °W y G w S. v 4 i°,n }yx fir 4 R' ��5� � iB i' YIA � .$'n 1. °�.4 aB 3 ai 3$� apt YU"Yuu <30 a &R gIY��gy$a �� �B�Q�W� •: � BB F i W r no " FQVF YQ Bg 9 .g o — m 7 Y.R. v A O N R 040 i THIS AGREEMENT made as of the IG day of JAdCY, A.D. 2006. BETWEEN: l �nlw_l d 'lie fesj- ('✓1c Nell I hereinafter called the "Vendor" OF THE FIRST PART and THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate„ hereinafter called the "Purchaser" OF THE SECOND PART W I T N E S S E T H that: I. The Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the Province of New Brunswick, more particularly described in Schedule "A" attached hereto and forming apart hereof. 2. The total purchase price of the said land shall be -Kive (Aunrlre)JLO 141-5 ($ j',• ec ) of lawful money of Canada, payable as follows, that is to say: (a) The sum of One Dollar ($1.00) as a deposit upon the execution of this Agreement, the receipt whereof by the Vendor is hereby acknowledged; and �� ) on the closing (b) The balance of fc ui hunJn� �<rwi $ y�9 — date hereinafter mentioned. o' 3. The closing date shall be thday of March, 2006, or such earlier date as may be agreed upon 4. The Purchaser shall investigate the title to the said land at the Purchaser's expense and shall have ten days (10) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within three days (3) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition on or objection to title, the sum of py , . Dollars ($ / ` c c ) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 5. The Vendor shall deliver to the Purchaser on the closing date an appropriate decd or transfer in registcrable fonn, approved by the Purchaser. 6. All normal adjustments, including real property taxes, shall be adjusted as of the closing date. Time shall be of the essence in this Agreement. 8. It is understood and agreed that because of time requirements, expropriation proceedings may be commenced by the Purchaser, in which case, the Vendor will be compensated the same sum of money as the purchase price in this Agreement of Purchase and Sale in exchange for a release from the Vendor with respect to any compensation to which the Vendor may be entitled under the Expropriation Act (New Brunswick) and upon payment, the Vendor will allow the Purchaser entry upon the said land. In the event that this Agreement of Purchase and Sale is completed prior to completion of expropriation proceedings, then and in such event, the Purchaser will contribute the sum of Three Hundred and Fifty Dollars ($350.00) towards the Vendor's legal fees and will pay registration fees. 9. The Vendor must execute this Agreement and deliver it to the Purchaser on or k QA(0) cell I't before noon local time, W , Fobft ry't'S; 2006. 10. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED SEALED AND DELIVERED ) 4�4 e by the Vendor ) X wL� in the presence of ) ............. ............................... ) NPAnU SIGNED SEALED AND DELIVERED ) THE CITY OF SAINT JOIIN by the Purchaser ) in the presence of ) by: Mayor: N.M. McFarlane .............. I............................. ) and: Common Clerk: J. Patrick Woods M & C — 2006 -78 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement - Red Head Secondary Access Road A Lot of Auto Recyclers Inc. Property BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. The Design/Build Agreement between the City and Irving provides the City with the responsibility to negotiate the amount of compensation the land owner is to be awarded for a particular land taking, subject to Irving approval of the compensation. Irving provided the City with maximum compensation limits for the affected land owners after thorough consultation with City staff, and supported by opinions from an accredited appraisal firm. The purpose of this report is to bring forth the results of the negotiation with Mr. James Richard, owner of A Lot of Auto Recyclers Inc. and to secure Council's support to acquire a 691 square metre +/- portion of PID Number 339432. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in a 691 square metre +/- portion of PID Number 339432 (see attached plan) from Mr. James Richard, owner of A Lot of Auto Recyclers Inc., pursuant to the terms and conditions contained in the attached agreement; and further 2. that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c Z-1 Acs mu NMI 4 ON 11 got AQH; 10 EA tum ; In n OR AT 1 07 1171 7 3 CA Ap ism t 01 ;i k., — 'rwy��� *�'. "��' ;t „� fir, Yfr �55t }_� .. - sy 'h lit, 7;� T ' lot i was UT 1! 1 fl L'.J YK AA,2 r- r-- TFIJ S A iICL a-f FHT --mide w OC Lae clay r#-} *" 2006. D ET W F. E A I ot f4, A L4to 9,2 c �jm iiia "Vend m- kok� () F FFf I -I' I I'LST PART TNF (7.1TY () ;-' AINT :01IN. i:L'I nry .1ch - .4 -..-L Prm-iTxe L,:'Nu-,v Di wo.,,,: is -<, a bac v CC'.j1p:.ratn., herebIP;4& F f�_%l IC57 the "13'-LTCh a:�� . W- I I N E S L, F--T H III -it: 4'pvf1r)r ieirrz, to sc' ' Lki Lm P-uv ,L,-.r :kl, f:o simple fret! 3-um LLU 4 � . T l o ft i t •b r & - L L I , * L r . d L_:;:1}. r0u! ­1 ;',PJECx t.-1 N x L.Jru a l l rh Rt CCE-tc-_TL ](?L, i�r pa.-u-p: of land situak, ly.Ag WA] 1:4-i Ile. I -.b_- C,j ty L;f SLLill. in "1-c. 11 rr..vinc:c r. f Nvw nn I- iCl-'-Uly dusuribc!d j---- SL:- Ic A" kaicf nd hZE tA U 4113d ffv'l i 11.9. a r-art a Y?d Me wtal r. LMLUNU PC �.r --- C� r h -- aaid I -and di,.L bc 4 SM, ) (kl.p The gur ,I' Or t Dot.;- r (9 1.G7) FL=; a d� mutA p.,ij kELI: L: - t'.0 11i'di Of -.:-. 15 ALp. mninem, Cut. r:�L:i;j1 h.,y the ',Fipdcr is &0._<nc-Wj2d 6cd: an"I p rT Le a Yi. C4 100 r tea, lb On ffm L;Lm ;! ,Alto LLI LC T-.0 cloong ',..n r.-�t day or s�zz:h t!Lr1kr a* may. ]-.C! F K-Cod. upuu- N-abascr 5had k..W' Ilv nand LUd LIL tILC ,t::j s'JL81' haYc. rcn da-yi i 10) 1io_ii Li � uLtt`ffpof 'or Cmt puTp:mo. 'Jimi, 1'.0 d•Dnie.-- Lu iAVL; exce. I In. i Lt. cxU,;,:j L,.:l n3 the 471 -i-IC WF.LUL Lt� V'e[Lflf)r may ".)-- unab1c, or kUPYi[JO -, to wiffi, &• Vald,-w rrny any' a t:=..ti '0 MAVY-T ttuCh Ohjcc6ou L31 iQ WILLI 6LI6, al. Lhu qvion oarIcri Lh-.t ]Y-le 01cli.r.-ig nc'L,:L;-- t[u. w the Pur*LmEer- In I hc. c Win. of gu,:h 13,.- on. Lbr PLlr'.-J M-ser 1-r-a y w ii 1i i n thm-, _-: Liti% (3' 1 dqy:z afar MON-illk CLICC'eOfIAMjVU the 0b.iL%2.iULL W c, r .,,-iTi iAi rim'. ;17 Li Lli: nc)L:ut,D� d --.--cc to d3at e T - .1 v, bjuh icoiii-n-il L: I m V -?,-li Lik� . &C, whe'-oupun Lbja He reijjsu,;:,Cd in till i tame ar.dt]Ttu_ YL-is 3A=niew shz'h' u m I]JU imbffit) o--i::iv,-i11ingrx:i5 k)fLc. Vmndor -.Qmut:L u 'zvvC![ 1L` UjSitL:^'- On OT Ob pakl J�XL:U.13 ro cjllc,, or 2E u depr,,sil r�liqll -crumnd -.o Lbt- V If --1'.Lr MiCYCK F.-Y Lhe Vtudlcrbut LLLL,, VCIL' JN- :,bill I -W br I 'Fli-In fc'T L-UY tij85: cos-.i, or cY.pcn-.,n IjU.Tt;rt�j U-- LUQ.•1:j41J jly Th.-, F)3-0-har--r. -5. TL- VLmirlr.i - J)r-1 L-liver 7-0 Lbt- PU•ILLUU17 OU 1"W' IViRi-R, da--c 2il a47PTOpril3te Iccct or tra7sCtr fr. rm, Fppr-nve -d by 11c: 6. A! I in tnaI @rjummtn!.N, pr,-qx--rEy-.qx.-.9, shall 7-.,udjuq%ed a cif the ,10� ;jLj .. I.) - ? T: �-,,ne --lia. I N- -D ' Lv e; scux L ft i',4 r- Ti is nrdc.,F:-nLcL anc 4x=d Lb it Elt• .-N•W. P.] t me r--qui rc�nimt,-., CXprj:3riiLLiUJ3 b-- ce=[Lqjj;:: gl hy thc Parc Lmar, in whixh L:mlf, lliw Vrl)L:." r wi I - 1- zalllne6nsaLed. Lbl- swrl., �lj. I o rr.r.--.•yy Ll. ffic PLIEUWZ: . m tl-._ ATcc;iie-Lt of ?u:-ubas8 a3A Saly iuL.ccli elfr.fne•a Mleue. ftorn Le. 'VtlLkl-A IVSPC--t rr� "211Y :�'-MPUW&aEoll LO V,- nr-'or iisy bc mniilled und t7j- i li r Kk.f, Aci (�; w Dr.uA-kk) iind upon the Vcnc'oT -jii'l allow ILLL- ll.i . I =fic-- -r r--v upr.r. ille suici land. "-- lJlc C,jcn L that Lhi i Akrw-UJU:LL of F)3.rc.ir.^,c Lud SL--t is l:L.. jlld %.c. p , nr tr, ccqn�luL:Lkm A expmp:Lad')Jj, plTWI�c-ding-, LLLCr alp iu il.nh rverl Lhr- wi I I ---inti-i hutc he Burr of TTx�e lltm&rd and 1-3 fLy LU"kLnN (S3 M'NaTc:s L'AS VeiAor', lcp " and ,Yjl PvY lepic-ruirml rod A 14j [11C •-111` Eiclon, twa 1tic a 20(l 'j. Q- :% 4lp.elllc nr shall .)e-J{ } - -PLC Lied " <jjjd Urtl 4,W.M i n wi--h [he lawzi of L -1 L' Proviuut! _Np.,,,r Rimn qwi Lzk- rd -Lzafil G I;K&" 4 %; e-F4 . 4-"�)Ct . , �.!-q . -Q j rop4z�)�-Y drl c�ir 0i LO .k., inffs s v4rrE =-cli7 JLc V�% ndn. Mndl u� rm NO 5rr till ei I ruYpwl-.%-ti Fl I Ild 9 211C. RCE'A L'an d2.v em.l. yux J',s- he rrnrLhCfi-lTC NrAkm 1[ill! 11 ALE D M lly the Vcnc-LIT in lic prc!%c,n= of SILT .............. .. .... .................... P.] ) SFAUID PY.D DELIV kX 1-0 THF C. ITY I 'iAN7 JOI TH by chn Pu--cfim,--r tl1r. r.rrs.--n;;n or by: NTq,.rii-: N-A Mcrur z= .................... .... .......... Ci . Tiun Cleik 1. Par %Vncclk M & C — 2006 -60 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: PURCHASE OF LAND FOR STREET WIDENING 120 McAllister Drive (Boston Pizza Restaurant) BACKGROUND: Over the past six years, the Exhibition Association of the City and County of Saint John (Exhibition Association) has leased a number of parcels of land along the north east side of McAllister Drive to facilitate developments, such as Exhibition Cinemas, Wendy's, the Bulk Barn/Paderno strip, etc. As of late the Exhibition Association has started to lease its lands along the southwest side of McAllister Drive; consisting of a Boston Pizza restaurant and a strip plaza. Developments in the McAllister Drive /Westmorland Road corridor have increased traffic pressure on road infrastructure. Recently, the City acquired an 867 square metre portion of the Boston Pizza property for Public Street purposes from the Exhibition Association. This additional land would provide for another lane of traffic along southwest side of the road to provide for a better access onto Majors Brook Drive. The City Engineering Department has concluded that a small amount of land in addition to that mentioned above, is required for a proper turning radius onto Majors Brook Drive. Real Estate Services have negotiated with the affected property owner of the above noted parcel to secure the fee simple interest in the required additional 72 square metre ± portion of the subject property, identified as civic #120 McAllister Drive (PID Number 55171730), as generally shown on the attached plan. The purpose of this report is to seek Council's support to secure the above noted sliver of land. Report to Common Council March 24, 2006 RECOMMENDATION: Page 2 1) That The City of Saint John acquire by subdivision plan a 72 square metre ± portion of PID Number 55171730 for Public Street purposes from the Exhibition Association of the City and County of Saint John for $50.00 per square metre plus H.S.T. (if applicable), as generally shown on the attached plan; 2. the City shall prepare any plan of subdivision required for conveyance purposes; 3. that the City pay to a maximum of $500.00 for the legal costs incurred by The Exhibition Association of the City and the County of Saint John to finalize this transaction, and any applicable processing fees from financial institutions and all registration fees necessary to secure the City's interest; 4. where applicable, reinstate the subject property to same condition as existed prior to construction; and 5. the Mayor and Common Clerk are authorized to sign any document necessary to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c Attachment Descri prti un of Plan: La Fid Acquisition for Public Street Purposes. N PID:55171730 i Address; 120 McAllister DrIve Pan: N/A Date: March 14, 2006 it Descri prti un of Plan: La Fid Acquisition for Public Street Purposes. N PID:55171730 i Address; 120 McAllister DrIve Pan: N/A Date: March 14, 2006 MLALLi"SJF-..1 , DRIVE - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- L* I Dpnprl[o Dp"Rly PROPERTY TO BE AC12UIPED C) 72 SO M C) co PARKWAY ry CIVIC # 120 PID 55171730 (BOSTON PIZZA) 0 Ir Cb McALLISTER DRIVE AT MUNICIPAt OPERATIONS MAJORS BROOK DRIVE & PLAN OF PROPERTY REQUIRED ENGINEERING RID 55171730 76 AL DATE 1 1; � L S. I N I S M020025 NEW ]BRUNSWICK HISTORICAL SOCIETY PO BOX 6446, STATION `A' SAINT JOHN, NB, E2L 4118 COMMON COUNCIL City of Saint John Your Worship and Councillors; Re: One Tonne Challenge PHONE:(506) 642 -0096 FAX: (506) 634 -7423 March 20, 2006 The New Brunswick Historical Society, which operates the Loyalist House, is pleased to inform you that it has taken into consideration the Federal- Provincial program called "One Tonne Challenge" and the need to save or reduce the production of energy to reduce the Green House Gas problem, by changing to energy saving light bulbs. While the energy saving bulbs do not fit in with the general heritage concept of the Loyalist House, there are some areas of the house where the energy saving bulbs can be used, such as washrooms, basements kitchenettes and offices. The Society has six locations where these energy saving light bulbs can be used without detracting from the heritage aspect of the house and 8 of this type of electric bulb has been installed in these locations. This is brought to your attention to demonstrate that the Society is concerned about the problem of our environment and has in this way joined in the program. Hopefully this will act as a catalyst to encourage others to follow this pattern. Yours truly, Kathy Wilson President - NB Historical Society REPORT TO COMMON COUNCIL f M &C- 2006 -72 March 22, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date 125 Daniel Avenue BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. "Vin City of saint John The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Spectrum Enterprises 125 Daniel "R -IA" "R -2" To construct Ltd. Avenue one - family and two - family garden homes RECOMMENDATION: That Common Council schedule the Public Hearing for the rezoning application of Spectrum Enterprises Ltd., 125 Daniel Avenue, for Monday, April 24, 2000y 7:00 p.m. in the Council Chamber. / /1 �/ Respect lly submitted, R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager %i Application for a Zoning By -law Amendment . ; Demande de modification A 19arrat8 sur le zonage ' ; , Applicant Related Information / Reaseignements sur le demandeur Name of Applicant / Nom du demandeur © S i O r3 Z A/ 11i Mailing Address of applicant / Addresse postale du demandeur — /l S-0 Ly /a 0 / b d ,r /i & U ,n J , f7 Postal code / Code postal _ 47 .Z, /;i �— T4 Telephone Number / N*ulmdro de telphone _ ,$—D Home / Domicile 2 S--5— Q Work /Travail Fax Number / Numdre de telccopieur 7 J S S C) Name of Property Owner (if different) / Nom du propribtaire (si different) S7 I M s �Ng it c N Address / Adresse ST _ Ae U z 5'T 7 Postal Code I Code postal L' Z /r 41 Property Information / Renseignements sur la proprike S, /"7- AI G 4 S= # / No de voirie Street! Lot Area / Superficie du Iot A7-T4 r 1WX0 Street Frontage/ Fagade sur rue Existing Use of Property / Utilisation actuelle de la propriete C F/ q /Z C Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested /Modification demand& Present Zoning / Zonage actuel Change Zoning to / Modification du zonage a and/or Iou Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 4/E aged `wd£z:t 90-6-gad • °L£BZ999 1 `NNOr 1NIVS Alfa :Ag jugs C/{, )t ,. Development Proposal /Proposition d'ambagement Description of Proposal / Description de is proposition Ck/uxC1/ /0 4 SIv6I_ A7/ %C1v4 r /Yu x4 v r C it N -rgK You must provide a scaled site plan that illustrates your proposal, You may also provide ,photographs, building plans, elevation drawings and any otherforin ofinformation. Theplanmust show the dimensions ofthe property, the location of all buildings, driveways, parking areas, -landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devezfaurnir un plan du site d i'dchelle illustrant voice proposition. iVous pouvez igalement fournir des photographies, des plans de b6timent, des dessins de (plan d'dldvadon et toute autre forme de renseignement Le plan dolt indiquer les dlmensions de la propridtd, 1'emplacement de la toralitd des bdtiments, des alldes, des arees de stationnement, des amdnagements paysagers et des pgnneaux de signalisation.11 est important d'tndlquer to distance entre les limiles de la propridtd et lesbktimenis. Provide reasons why these amendments should be approved. / Foumir tout autre renseignement eoncemant ivotre proposition qui pourrait titre approuvdes. Ad ts27V (S // /o /oiv/l.44 Ui4y !¢S !/LSlQYtoT A_A%doLgl x 7`x/2 _1e1z'2 Provide any other information about your proposal/ that would be helpful. I Foumir tout autre renseigneatent concernant votre proposition qui pourrait titre u61e. Signature of Applicant / Signature du demandcur Date 13 "400 Application Fee Enclosed / Ci joint les frais do demandede 400 $ Ifyou are not the owner of the land in question Si vous n 1lespas le propridtairc du terrain en question, please have the owner .sign below. The signature of veuillez obtenir la signature du propridtaire dohs la pantie the owner is authorizing this application to proceed ci- dessous. La signature du propridtaire autorim"t le for consideration by Common Council- traitement de la prdsenic demande pour que cette derniere soft examinde par le conseil communal. Signature of Owner (if applicable) / Signature due propridtaire (s'ii y a lieu) (( L # f_y Iti x, / /f Date: tp /4 abed `•WdbZ:l 9o-6 -qad !a9Z9g9 `NHbf 1NIdS AlIa :yta }uaS i St. Paul's (Valley) Church 2 St. Paul Street Saint John, N.B. E2K 3X4 February 9, 2006 TO WHOM IT MAY CONCERN: I hereby authorize Mr. Pat Hickey to apply for rezoning of St. Paul's (Valley) Church. Yours truly, Peter u hey Church Warden / dkr FF , 0 �Lp *41P° -9p N� 23846 �G / 23853 / \ / 23861 / / / 22624 / 63,966 sft 1.467 acrest< 0\ (Total Site) < w 22103 �j / �P� � O 0G 0� sob , 75.2' 'O Am -OETCH - CHURCH b a ill I C t m n v Storey Entry I Nom i i mm - 1 srorase — � J 1 1 Kitch°n EpaY 1 1 i PROPOSED ZONING BY -LAW AMENDMENT RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held on Monday, March 27, 2006 at 7:00 p.m., by: Rezoning a parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 00023853, 00023861, and 00022624, from "IL -1" Neighbourhood Institutional to "B -2" General Business, PROJET DE MODIFICATION OE L'ARRETE SUR LE ZONAGEI RELATIF AU 2, RUE ST.I PAUL Avis public est donne, par la pi conseil communal de The City o l'intention d'6tudier la modificati< Parr6t6 sur le zonage de The City o cours de la s6ance ordinaire du cc lundi 27 mars 2006 a 19 h: 6sente, que le f Saint John a in suivante de 'Saint John, au nseil pr6vue le le rezonage dune parcelle de terrain situe'e au 2, rue St. Paul, dune superficie approximative de 5940 metres carr6s, identii i6e sous le NIT) 00022103, 00023846, 00023853, 00023861, et 00022624, afin de faire passer la classification de quartier a vocation collective « I L-1 » is zone commerciale ge'n6rale << B-2 ». REASON FOR CHANGE: MOTIF DE LA MODIFICATION: To convert the former St. Paul's (Valley) Church to Afin de convertir 1'ancienne 6glise St. Paul's a single or multiple tenant business centre. (Valley) en un centre de commerce O'un ou plusieurs locataires. 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. Toute personne interessee modification propose'e au b communal ou au bureau de de'veloppement a Ph6tel de ville Square, a Saint John, au Nouve, 8 h 30 et 16 h 30 du lundi au jours f6ri e's. examiner la du greffier misme et du au 15, Market mswick, entre redi, sauf les Written objections to the amendment may be sent Veuillez faire part de vos objectio s au projet de to the undersigned at City Hall. modification par e'crit a Pattention du soussign6 a 1'h6te1 de ville. I J. Patrick Woods, Common Clerk 658 -2862 J. Patrick Woods, Greffier 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 2 ST. PAUL STREET Public Notice is hereby given that the Common Council of The City of Saint John inte ds to consider amending The City of Saint John Zoning By -law at its regular meeting to be held on Monday, March 27, 2006 at 7:00 p.m., by: I Rezoning a parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 000238539 00023861, and 00022624, from "IL -1" Neighbourhood Institutional to "B -2" General Business. REASON FOR CHANGE: To convert the former St. Paul's (Valley) Church to a single or multiple tenant business The proposed amendment may be inspected by any interested person at the office of the or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, t 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE RELATIF AU 2, RUE ST, PAUL nmon Clerk, between the Avis public est donne, par la presente, que le Conseil communal de The City of Saint John a l'intention d'etudier la modification suivante de I'arrdtd sur le zonage de The City of Saint John, au co rs de Is seance ordinaire du Conseil prevue le lundi 13 mars 2006 a 19 h : le rezonage dune parcelle de terrain I situde an 2, rue St. Paul, d'une superficie approximative de 5940 metres carrds, identifide sous le ID 000221032 00023846, 00023853, 00023861, and 00022624, afin de faire passer la classification Ide quartier a vocation collective a IL -1 » a zone Commerciale g6nerale « B -2 w MOTIF DE LA MODIFICATION: Afin de convertir Fancienne dglise St. Paul's (Valley) en un centre de commerce d'un ou locataires. Toute personne interessee peut examiner la modification proposee au bureau du greffier c mmunal ou au bureau de 1'urbanisme et du developpement a l'hetel de ville situe au 15, Market Square, Saint John, an Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire part de vos objections au projet de modification par dcrit a 1'attention du soissign6 a I'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 General Notice Department: Common Clerk's Office Account # 71206 ❑ Proposal Contact: J. Patrick Woods ® Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, February 28, 2006 Tuesday, March 21, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, Section Headline: ❑ General Notice ❑ Tender ❑ Proposal INSERT ATTACHED ® Call to Action: Public Notice Contact: Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 I BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE N° C.P. 110 - ARRETk MODIFIANT L' TE SUR LE ZONAGE DE THE CI Y OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : I The Zoning By -law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -ne f (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 000221039 00023846, 000238539 00023861, and 00022624, from `4L -1" Neighbourhood Institutional to `B -2" General Business classification. - all as shown on the plan attached hereto and forming part of this by -law. 1 La modification de Panne e <<A», Plan de zonage de The City of Sai t John, le rezonage dune parcelle de terrai situee au 2, rue St. Paul, dune su erficie approximative de 5940 metres carres, identifiee sous le NID 00 22103, 00023846, 000238539 000238 1, et 00022624, afin de faire pas er la classification de quartier a Vocation collective a IL -1 » a zone commerciale generale o B -2 ». - toutes les modifications sont indiq ees sur le plan ci joint et font partie du present arr €te. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John has caused the Corporate a fait apposer son sceau comm, Common Seal of the said City to be affixed present arrete le to this by -law the * day of *, A.D. 2006 avec les signatures suivantes and signed by: Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture LJohn sur le 2006, March 24, 2006 Your Worship and Councillors: SUBJECT: Proposed Rezoning 2 St. Paul Street On February 27, 2006 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 21, 2006 meeting. Mr. Patrick Hickey appeared before the Committee in support of the application and staff recommendation. There were no other presentations made, but there were four (4) letters received concerning this matter. After considering the presentation and staff report, the Committee resolved to adopt staff recommendation, which is set -out below for your convenience. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 00023853, 00023861, and 00022624, from "IL -1" Neighbourhood Institutional to `B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, this same parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 00023853, 00023861, and 00022624, be subject to the following conditions: (a) That the property be limited to the following uses: bank or financial institution, business office, church, dwelling unit (apartments), personal service shop, retail store, and/or school; and (b) That the above uses be restricted to the existing buildings on the property, and that no additions be allowed to these buildings, nor the landscaping and parking facilities be substantially altered. Planning Advisory Committee March 24, 2006 Page 2 Further the upon rezoning the subject area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Philip Hovey Chairman MRO Attachments Project No. 06 -054 DATE: MARCH 17, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 21, 2006 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: 057032 NB Ltd. (Patrick Hickey) Name of Owner: St. Paul's Church Location: 2 St. Paul Street PID: 00022103, 00023846, 00023853, 00023861, and 00022624 Municipal Plan: Medium Density Residential Zoning: Existing: "IL -1" Neighbourhood Institutional Proposed: `B -2" General Business Proposal: To redevelop a church property for commercial purposes. Type of Application: Rezoning 057032 NB Ltd. Page 2 2 St. Paul Street March 17, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, March 27, 2006. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 00023853, 00023861, and 00022624, from "IL -1" Neighbourhood Institutional to "B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, this same parcel of land located at 2 St. Paul Street, having an area of approximately 5940 square metres, also identified as being PID Nos. 00022103, 00023846, 00023853, 00023861, and 00022624, be subject to the following conditions: (a) That the property be limited to the following uses: bank or financial institution, business office, church, dwelling unit (apartments), personal service shop, retail store, and/or school; and (b) That the above uses be restricted to the existing buildings on the property, and that no additions be allowed to these buildings, nor the landscaping and parking facilities be substantially altered. Further the upon rezoning the subject area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed rezoning that would allow the church property to be used for commercial purposes. Building and Technical Services has been advised of this application. 057032 NB Ltd. Page 3 2 St. Paul Street March 17, 2006 Saint John Transit has indicated that the area is serviced by the Mount Pleasant Bus Route that travels along Winter Street. Saint John Energy has been advised of this proposal. Aliant Telecom has no concerns with regards to servicing the anticipated commercial development. Rogers has been notified of this matter. Maritimes & Northeast Pipeline has been advised of this application. Fire Department has been advised of this rezoning request and anticipated commercial development. N.B. Department of Transportation has been notified of this proposal. ANALYSIS: Subject Property and Neighbourhood The subject property is bounded by Winter Street, St. Paul Street, Burpee Avenue, and Rockland Road adjacent to the Saint John Throughway (see attached location map). The site is comprised of five parcels of land having a total area of approximately 5940 square metres (63,940 square feet or 1.47 acres), and had been used for many years as a church (St. Paul's Valley Church). The church building is situated near Winter Street in the eastern portion of the site. A large paved parking lot is adjacent to this building with driveways onto St. Paul Street. There is also a small building at the intersection of Burpee Avenue and Rockland Road. This building is presently being used for offices (Family Services). A significant court area has been developed with a walkway through the property connected to the sidewalk. A retaining wall exists along the rear of the property where the topography rises steeply upwards to Burpee Street. To the east along St. Paul Street are five multiple residential buildings. Beyond these properties there are a number of other multiple residential buildings, including a large 24- apartment building at 55 Winter Street. To the north on the other side of Burpee Street is a school (formerly Holy Trinity School) that has been closed for some years. Beyond the school is a large nursing home (Rocmaura). To the west along Rockland Road are multiple residential buildings and the Holy Trinity Church at 348 Rockland Road. 057032 NB Ltd. 2 St. Paul Street Development Proposal Page 4 March 17, 2006 An application by 057032 NB Ltd. (Patrick Hickey) has been submitted seeking permission to rezone the former St. Paul's (Valley) Church property from `7L -1 "Neighbourhood Institutional to `B -2" General Business. The proponent is interested in converting the former church building into a single or multiple tenant business centre. The church building has an approximate ground floor area of 643 square metres (6,920 square feet) with a basement and first floor. As mentioned, there is also an existing office building situated at the intersection of Burpee Avenue and Rockland Road. This building has a ground floor area of approximately 84 square metres (907 square feet) with an attached shed. No specific business tenants have been proposed by the applicant. Should the property be rezoned, the applicant would market the facility for primarily business office use. There may also be other commercial uses should a single office tenant not be possible. Municipal Plan and Rezoning The Municipal Development Plan has designated the area as Medium Density Residential. The Plan recognizes that the North End, Valley and Douglas Avenue areas have high residential density that contributes to maintaining a concentration of population in the central city area, supporting the Central Peninsula and transportation networks. The conversion of large church buildings is generally conducive to either multiple residential or certain commercial projects. The proponent is pursuing a commercial development, though the property and neighbourhood context would also encourage a residential development. With regards to commercial development, especially given the isolation of the subject property from other commercial areas, it is very important that the use of the property does not adversely affect the surrounding residential neighbourhood. The Plan does permit in residential areas those neighbouring community facility, retail, and personal service uses that are required to serve primarily the needs of the location population, or that are compatible with the residential neighbourhood or area. Evaluation of compatibility considers the following: • The proposed site is located on an arterial or collector street; • The building will be of an architectural style suitable to the residential environment of the neighbourhood; • The floor area is approximately 1,000 square metres (10,764 square feet) or less; and 057032 NB Ltd. Page 5 2 St. Paul Street March 17, 2006 • The uses conform to all relevant provisions of the Municipal Plan and By -laws that implement it. Furthermore, to ensure that non - residential uses that are permitted in residential areas will not become a nuisance or result in inappropriate impacts on adjacent residential uses, the Plan encourages that such commercial projects meet suitable standards with regard to: • The location and treatment of parking areas; • The minimum setback, side yards and rear yards; • The arrangement of lighting facilities to ensure they do not shine into nearby residences; • The provision of buffer strips to separate such uses from adjacent residential areas; and • The citing of buildings, landscaping, and the location, size, and type of signs used. Unfortunately, the application does not provide sufficient information to fully analyze the project in light of these Plan policies. What can be determined supports a limited commercial project. The property is situated adjacent to the Saint John Throughway, and not far from the Somerset Street (arterial) intersection, though it is recognized that vehicular access to the parking lot would be from St. Paul Street (a local dead -end street). Also, the floor area of the converted building is in general keeping with the Plan standard. Most of the other standards could only be considered if the proposal involved the redevelopment of the property (i.e., new building) opposed to just the renovation of building. With regards to landscaping and parking facilities these elements have already been developed to acceptable standards for the anticipated commercial development. The rezoning of the property to `B -2" General Business can be supported. However, in light of the inability to fully analyze the project, Section 39 conditions must be imposed limiting the type of commercial uses permitted, and restricting these uses to the existing buildings. This will allow the proponent to proceed with the rezoning and marketing of the project, but may result in a further application (Section 39 Amendment) being considered later by the City for any use not permitted, or should an addition to the existing building, a new building, or the redevelopment of the site be proposed. CONCLUSION: The applicant is seeking permission to rezone a former church property in order to develop a commercial project. The Municipal Plan can generally support this application, provided the type of uses and manner that the property is maintained is appropriate for the surrounding residential neighbourhood. While the application can be supported for approval, the anticipated project cannot be fully analysed at this time due to insufficient information. Therefore, Section 39 conditions have been recommended that limits the project to certain commercial uses within the existing buildings. Also, no substantial changes to the property can occur. It is anticipated that the proponent may seek further application when more detailed plans have been determined. Such changes will be carefully reviewed in accordance with the policies of the Municipal Plan. PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT S o'D K 1 4 yt� — N colt sG A P a r uncreggBm r » v hem ^`Q`sm ♦s` �\\ �- ��� • x v�,��'n �`0 , h • V," • 'Lm t0 • ev I L R M - 1 F;;, us Gt. mm mi' i m • `• .n s�m* ,• "`•, ,`• vie R M - 1 - B-2 rue so ' eras ,• .� � f S, f � • � � �s�' PID(s) /NIP(s): Subject Site /site en question: 00022103 00023846 Location: 2 rue St. Paul St. 00023853 00023861 00022624 Date: February/fevrier 21, 2006 Scale /6chelle: 1:3500 / 23853 \�� / 238 22624/ / 63,966 sf± 1.467 acres± <; (Total Site) . 22103 1 75.2' LO I 0 e U N p N �r N 12.9' Shed ICd , 27.9' I - - - -J L - - -- E 2 112 Storey 1 & Basement N 15.9' �° 15.9' 1 Storey Entry PID: BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 189 immediately after Section 188 thereof, as follows: 189 The City of Saint John does hereby stop up and close permanently the following portion of highway: DERBY STREET: That 60 foot (18.29 metre) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick called Derby St., extending eastwardly from Lime Kiln Road its entire breadth to the west side of Sussex Drive, being outlined in red on a certain plan of "Portion of Turnbull Real Estate" dated December 14th, 1965 prepared by Murdoch - Lingley Limited and signed by H.P. Lingley, N.B.L.S., a copy of which plan was approved by the Town Planning Commission of Metropolitan Saint John and duly filed in the Office of the Registrar of Deeds in and for the County of Saint John in File 42 as No. 9. 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. 2006 and signed by: Mayor/Maire NID: ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : 1 Par les presentes, Farr&e' de The City of Saint John intitule, a L'arrete sur ]'interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par l'ajout de Particle 189 immediatement apres Particle 188, comme suit : 189 Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : RUE DERBY: Route publique d'une largeur de 60 pieds (18,29 metres) dans The City of Saint John, dans le Comte de Saint John et dans la province du Nouveau - Brunswick, appelee rue Derby, s'etendant vers Pest a partir du chemin Lime Kiln sur toute sa largeur du cote ouest de la promenade Sussex, delimitee en rouge sur un plan intitule « Partie de Turnbull Real Estate », date du 14 decembre 1965, prepare par Murdoch - Lingley Limited et sipe' par H.P. Lingley, AGNB, dont une copie a ete approuvee par la Commission d'urbanisme de The City of Saint John et de'posee au bureau d'enregistrement des actes dans le Comte de Saint John pour cc Comte au ri 9 du document 42. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete' le * 2006, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture STREET CLOSING DERBY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, March 27, 2006 at 7:00 p.m. to stop up and close the following highway: DERBY STREET: That 60 foot (18.29 metre) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick called Derby St., extending eastwardly from Lime Kiln Road its entire breadth to the west side of Sussex Drive, being outlined in red on a certain plan of "Portion of Tumbull Real Estate" dated December 14th, 1965 prepared by Murdoch - Lingley Limited and signed by H.P. Lingley, N.B.L.S., a copy of which plan was approved by the Town Planning Commission of Metropolitan Saint John and duly filed in the Office of the Registrar of Deeds in and for the County of Saint John in File 42 as No. 9. The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N,B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 FERMETURE DE ROUTE RUE DERBY Par les pr&sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'u arrete concernant la fermeture de routes dans The City of Saint John r) au cours de la reunion ordinaire qui se tiendra le lundi, 27 mars 2006 a 19 h afin de fernier et de barrer la route suivante : RUE DERBY : Route publique d'une largeur de 60 pieds (18,29 metres) dans The City of Saint John, dans le comte de Saint John et dans la province du Nouveau - Brunswick, appelee rue Derby, s'etendant vers 1'est a partir du chemin Lime Kiln sur toute sa largeur du c6te ouest de la promenade Sussex, delimitee en rouge sur un plan intitule « Partie de Turnbull Real Estate », date' du 14 d&cembre 1965, prepare par Murdoch - Lingley Limited et sign& par H.P. Lingley, AGNB, dont une copie a &te approuvee par la Commission d'urbanisme de The City of Saint John et deposee au bureau d'enregistrement des actes dans le comte de Saint John pour ce comt& au n 9 du document 42. Toute personne int&ress&e peut examiner le projet de modification et le plan de la route decrit ci- dessus au bureau du greffier communal a I'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 feries, Veuillez faire part de vos objections au projet de modification par &crit a 1'attention du soussigne a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 STREET CLOSING DERBY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, March 27, 2006 at 7:00 p.m. to stop up and close the following highway: DERBY STREET: That 60 foot (18.29 metre) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick called Derby St., extending eastwardly from Lime Kiln Road its entire breadth to the west side of Sussex Drive, being outlined in red on a certain plan of "Portion of Turnbull Real Estate" dated December 14th, 1965 prepared by Murdoch - Lingley Limited and signed by H.P. Lingley, N.B.L.S., a copy of which plan was approved by the Town Planning Commission of Metropolitan Saint John and duly filed in the Office of the Registrar of Deeds in and for the County of Saint John in File 42 as No. 9. The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 FERMETURE DE ROUTE RUE DERBY Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'« arrete concernant la fermeture de routes dans The City of Saint John » au tours de Is r6union ordinaire qui se tiendra le lundi, 27 mars 2006 it 19 h afin de termer et de barrer la route suivante : RUE DERBY: Route publique dune largeur de 60 pieds (18,29 metres) dans The City of Saint John, dans le comte de Saint John et dans la province du Nouveau - Brunswick, appelee rue Derby, s'etendant vets 1'est a partir du chemin Lime Kiln sur toute sa largeur du cote ouest de la promenade Sussex, d6limit6e en rouge sur un plan intitul6 << Partie de Turnbull Real Estate » , dat6 du 14 d6cembre 1965, prepare par Murdoch - Lingley Limited et sign6 par H.P. Lingley, AGNB, dent une copie a 6t6 approuve'e par la Commission d'urbanisme de The City of Saint John et depose'e au bureau d'enregistrement des actes dans le comte de Saint John pour cc comt6 an ri 9 du document 42. Toute personne interestee peut examiner le projet de modification et le plan de la route decrit ci- dessus an bureau du greffrer communal a 1'h6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 It 30 du lundi an vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, March 14, 2006 Tuesday, March 21, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 REPORT TO COMMON COUNCIL f /a M & C — 2006 -41 February 22, 2006 n ®., °` 1 His Worship Mayor Norm McFarlane and Members of Common Council City of Your Worship and Councillors: SUBJECT: Stop Up and Closure of a Public Street, Derby St. The City Solicitor has recently advised staff that under Section 187(6) of the Municipalities Act with respect to the consideration of the stopping up and closure of public streets, Council must set a time, date and place for the consideration of adopting such a By -law. The following recommendation will address the need to set a specific date and time for the public hearing to consider the closure of Derby Street, as illustrated on an attached map. RECOMMENDATION: That Common Council rescind it resolution on Monday, February 13, 2006 contained in M & C 2006 -29, and replace it with; "That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 1,530 square metre t public street, known as Derby St. be set for Monday, March 27, 2006 at 7:00 p.m. in the Council Chamber." submitted, Terrence Totten, F.C.A. City Manager CL /c R� R\ 08 O° . m.,'' '' ' , 'y a 90 3 e 319 J, 1D °*0.1182 i i9a y °& - e , y \, 290$ N O O y \RR 186 / 1� e� e° \e y0° 10] ° a O \ 0 J 0 9 Y D 0 83 C ye Oy y, Description of Plan: Stop Up and Closure of a public right -of -way, known a Derby St. N PID: 55069967 Address: N/A jj 1j Pan: N/A Date: February 21, 2006 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et it Varrete sur le zonage /) t` Applicant Related Information / Renseignements sur le demandeur J i Name of Applicant / Nam du demandeur fi ,7 i" s "r ;1 Nl Ll Y1u a G1^m Mailing Address of applicant / Addresse postale du demandeur RD- n o k i 2 g`7 SG �nf J7itn 1 W.6, Postal Code / Code postal 6 G L 41&7 Telephone Number / Numdro de tdl €phone Home / Domicile Work / Travail 50i ° (e 3 Y- 5 7 1 7 Fax Number I Numdro de tdldcopieur Ya o O ' (. 3 t}- z Z 3 is Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) cimr, e7 % ce( ro vVe� Fv,.t�le, " m Upsee 1 66,Anh (!,et (a-ft,,( l7e:A is it e rF SCc et KjA T B-Ie/gz r G. Property Information / Renseignements sur Location / Emplacement IM r Lot Area / Superficie du lot Existing Use of Property / t Ag n Postal Code / Code postal: propriete WeStrftdCaJcl 0000 l�riszrs sees � Street / Rue PID / NIP Ere treet Frontage/ Fapade sur rue 175 me.'fre s propridtd Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal L.-o Dmst 4 ij Present Zoning/ Zonage actuel � .in-^ e� 4 i1,fi2. ngj Sk-et : areju5 Amendments Requested / Modifications demandees [M nicipal Plan / Plan municipal J �_ Change Land Use Designation to/ Modifier la ddsignation de l'utilisation des terres a �`G77 Iona ( Ceafif Q and /or / ou 0 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arr @td sur le Zonage L� Change Zoning to/ Modification duzonageA "Sc" 5hO04,'nG C(?l1ffg. and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition ,.f j '.. _ , _ I t « You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez Fournir un plan du site d l'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bc'ttiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propriete, !'emplacement de la totalite des bdtiments, des allies, des arees de stationnement, des amdnagements paysagers et des panneaux de signalisation. 11 est important d'indiquer la distance entre les limiter de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concemant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur Date $400 Application Fee Enclosed / Ci joint les frais de If you are not the owner of the land in question Si vows n'etes pas le proprietaire du rain en question, please have the owner sign below. The signat e of veuillez ob ten ir la signature !d zWj oprietaire dons la partie the owner authorizing this application to pro ed is ci- dessous, La signature proprietaire autorisant le required for consideration by Common Coun 1. traitement de la pres a demande est require pour que cette derniere so' examinee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) O sf h ' O i/ tU j /3 i , �o ch. //p f one Brunswick Square Tel 506 632-8900 Sliite1500 Fbx506632 -8809 PO Box 1324 Toll Free 1 888699 -7746 Saint John, New Brunswick www.pa(lm01p]lmecd FA 4118 No� PATTERSON PALR December 12, 2005 James Baird Commissioner of Planning and Development City of Saint John 10 Floor City Hall Saint John NB Dear Mr. Baird: William H. Teed, Q.C. Direct: (506) 633 -2718 E -mail: wteed @pattersonpalmer.ca RE: Application to Amend Municipal Plan and Zoning By -Law Horizon Management Limited You have received an application from Horizon Management Ltd. to amend the Municipal Plan and Zoning By -law of the City of Saint John. Not all of the properties that are involved in this application are in the name of Horizon Management Ltd. That portion of the application related to PID number 304535 is in the name of Roland Buckley. Horizon Management Ltd. has entered into an option agreement with Mr. Buckley in relation to these properties. The agreement states "The Optionor hereby authorizes the Optionee to make application to the appropriate government authority for the purpose of having the Property rezoned to a zone which allows the Property to be developed as determined by Optionee." That portion of the application related to PID number 00306894 and 55055834 is in the name of Barry McMillan and Lisa McMillan (formerly Tupper). 618831 N.B. Inc. has an entered into an agreement of purchase and sale with Mr. and Mrs. McMillan in relation to these properties. The agreement has been assigned by 618831 N.B. Inc. to Horizon Management Ltd. The agreement states "The Seller authorizes the Buyer to make applications on behalf of the Seller to the City of Saint John for the purposes of requesting amendments to the municipal plan (if required) and the zoning by -law so that the Property may be used for the purpose planned by the Buyer." That portion of the application related to a portion of Block 7 (Lots 8 -21), Block 8, Block 9, and Block 10, Plan of Eastmount is in the name of Four Square Gospel Church Canada. Horizon Management Limited has an entered into an agreement of purchase and sale in relation to these properties with the said church. The agreement states "The Optionor authorizes the Optionee to make application on behalf of the Optionor to the City of Saint John during the Option Period for the purposes of requesting amendments to the Municipal Plan and the Zoning By -law of the City of Saint John so that the Property may be used for the purposes intended by the Optionee." NOVA SCOTIA • NEW BRUNSWICK • NEWFOUNDLAND AND LABRADOR • PRINCE EDWARD ISLAND That portion of the application related to Block 6, Plan of Eastmount has been purchased by 620210 N.B. Inc., a wholly owned subsidiary of Horizon Management Ltd. Attached is a letter from Haldor (1972) Ltd. authorizing Horizon Management Ltd. to make application to the City of Saint John for an amendment to the Municipal Plan and Zoning By -Law with respect to PID numbers 55168959 and 55174262. Attached is a letter from Donald C. Northrup on behalf of Roland G. Buckley, Arthur J. Miller and myself authorizing Horizon Management Ltd. to make application to the City of Saint John for an amendment to the Municipal Plan and Zoning By -Law with respect to PID number 00324657. If you have any questions, please do not hesitate to call Yours truly, PATTERSON PALMER William H. Teed, Q.C. WHT /mhm Haldor (1972) Ltd. 479 Rothesay Avenue Saint John, N.B. E2L 4G7 To Whom It May Concern: Haldor (1972) Ltd. does hereby authorize Horizon Management Ltd. to make application to the City of Saint John for an amendment to the Municipal Plan and Zoning By -Law of the said City with respect toPII3- muhbers 55168959 and 551­74W. very truly, Haldor (1972) Ltd. Donald C. Northrup 479 Rothesay Avenue Saint John, N.B. E2L 4G7 To Whom It May Concern: I do hereby authorize Horizon Management Ltd. on behalf of Roland G. Buckley and Arthur J. Miller and myself to make application to the City of Saint John for an amendment to the Municipal Plan and Zoning By -Law with respect to PID number 00324657. Yours very truly, Donald C. Northrup ev R �' J' -qAflwil V, 11 INA OWN ,! �•. 4 1` � ti � � 1 v ML6 � e.� i R Re: Proposed development at 336 Westmorland Road I live at 165 Westmorland Road and am writing to express my objections to the proposed rezoning that would allow a new development beside Home Depot. The proposal calls for a new road to be built onto Westmorland Road further up the hill towards Ellerdale Street. This is a further encroachment along Westmorland Road which is designated a no truck route eastbound from the entrance to home Depot all the way to Loch Lomand Road. I would remind you that there are something like 80 homes along Westmorland Road, many built close to the street itself. I question whether this new roadway which would be an entrance to the proposed development would render Westmorland Road's no truck designation meaningless. I object strenuously to that new entranceway because it has been such a battle and taken ouch a long time to get many of the trucks off Westmorland Road. The traffic volume along Westmorland Road is already too great for a two lane residential street made worse by the trucks which ignore the law and still use the street to make their deliveries to the malls at the bottom of the hill. The physical state of Westmorland Road itself is deteriorating because of the volume of traffic. The city has succeeded in diverting traffic from where it should be going along Rothesay Avenue down Westmorland Road. The city has to come up with a solution that will get most of the traffic, especially truck traffic, onto Rothesay Avenue. I'm sure the businesses along Rothesay Avenue would welcome this as well. I do support the second access road from Rothesay Avenue into the mall area as long as it has connections to Consumers Drive, Home Depot and the proposed new development. I would also resquest that if the Planning Advisory Committee approves the rezoning to allow this new development to proceed, it stipulates that no dump trucks be allowed to use Westmorland Road during construction. When those trucks pass your house, it feels as if they're literally shaking the foundation and, once again, Westmorland Road where the homes are located is a NO TRUCK route. I am also concerned about the proximity of this new development to Fernhill Cemetery which is of historical significance. The cemetery happens to be the only green space left in East Saint John and people use Fernhill as a park for walking and exercising their dogs. Having a mega mall so close to a place of reflection and contemplating somehow cheapens it. (over) Cutting away all the trees and vegetation to make way for Home Depot didn't improve the landscape.It looks as if the land has been clear cut and scarred. Common sense dictates it certainly won't help with the drainage or stem the runoff in a flood plain. More trees and more vegetation will be stripped away if this new development goes ahead. This can only make the situation worse. Yours truly, i Brian McLain 165 Westmorland Road, Saint John, New Brunswick E2J 2E8 ,Q'v n `�'r7S 25 January 2006 Mayor and Councilors This letter will serve to register my opposition to the proposed rezoning and development of the property known as 336 Westmorland Road. As a resident of Oakland Street, I am absolutely appalled at this total disregard for homeowners in this area. When my husband and I were planning to buy a home in Saint John, we looked very carefully into the zoning of any particular area we were considering. Oakland Street appealed to us, as it was a quiet, two -block dead -end street in an area zoned residential. For the past eight years we have enjoyed "country living" in the city with deer coming through the yard and nothing but the tree - covered hill behind us. As a result of the construction that has already taken place, the hill has been stripped of vegetation and resembles nothing more than a lunar landscape. Last year we were forced to put up with the blasting in preparation for the new Home Depot. Some of these blasts felt like a truck had slammed into the house and, coming without warning as they did, were extremely upsetting. I don't doubt that some houses sustained damage during this time. I'm concerned that more blasting could cause serious structural damage. Also distressing was that, for a time, Oakland Street was used as an access road for the new development, with large earth - moving equipment being trucked into the site. According to the map, showing the proposed area to be developed, Oakland Street is to become an island surrounded by a sea of Northrup -owned and/or operated properties. Leon's Furniture to Westmorland Homes on the north, the trailer park on the east and this new development on the west and south. In addition, it would appear that Rockwood Avenue might become part of a future plan for redevelopment. If this rezoning and development are approved, the value of my home, and those of my neighbours, will most certainly be adversely affected. As a property tax payer of this city, I strongly oppose the proposal, which would diminish the monetary value of my investment and also serve to put an end to my enjoyment of the property. Respectfully submitted by Anne Marr 10 Oakland Street Saint John E2.1 2P7 January 19, 2006 To Mca- [ o,r cana Coen c i � This letter is to advise you we have several concerns about the proposed rezoning of land for the new retail development surrounding our home. Our duplex is located on the corner of Marlborough Avenue and Oakland. This area is prone to flooding and with the huge quantity of trees and plant life to be removed, one can only worry. Over the past several years we have been making improvements to our home and property. Our neighbor had built up his property and our driveway was a swimming pool or an ice rink depending on the season. My husband Carl dug a huge trench by hand and put in drain tile, now that part of our yard is dry. During heavy rainfall or the high tide our front yard on Marlborough Avenue can flood halfway up to our front doors. In the summer of 2004 we lifted up our home and put in a new cement foundation to replace a crumbling cement block foundation. With all the truck traffic we are already experiencing ie garbage trucks, lumber trucks and window and door company trucks, our home shakes. When Home Depot was being built the constant blasting made our home tremble and we have cracks in the walls of our new foundation. Our concern is not just for ourselves, but the people in the mobile home park who are afraid to speak up, because the owner Mr. Northrop, has them over a barrel. As for ourselves we run a childcare center and are frequent users of the playground area on Rockwood and Oakland. We notice that the children in our community use this playground as well, as their yards are very small. In order for these children to get to the playground, they have to cross Marlborough and Oakland. Also, in the winter you see them sliding down the hill at the corner of Marlborough and Oakland. Approximately 8 -10 school buses stop on the corner of Marlborough and Oakland to pick up and return children — kindergarten through high school. When we hear about a street being made behind Home Depot and connecting onto Marlborough Avenue, we wonder why, as this has been tried at least twice before. Once through the mobile home park and people were worried about their children being killed and as a result the route was blocked off. Also, the people on McLean Street complained about the traffic flying through their neighborhood and that route was blocked off. So why are people willing to sacrifice our neighborhood? Are the hundreds of families not worth protecting. Why can't people drive around the block, using Rothesay Avenue? Remember, where there is traffic, there is noise. We are proud to live in Saint John, and we have no problem with a city growing, however, if you don't protect family life, you will not have teenagers to work in all the new retail development for minimum wage. We hope the city will take into consideration that we are tax payers too, and we do not deserve to have our neighborhood destroyed at the expense of the A mighty dollar. Concerned citizens of Saint John, N. B., Barbara and Carl Ellemberg / Q Cam. � " ' �QO�zo /� .�J %c�rr,.�:Ld ��z. .6� ✓ /.,c`�e�v �' C`�ir�.�" /z��c�a' �..w�._ .�� f�LbYn'� M�'�'�' / `i+,C,!%. N"Ge' °Lru�y.C�-i Oxe-i Wta�r�G't`•Z 7p �/ f .lr Lil' l (}"""evs� �' /LG-te CLr4.L `: ��2c: -C�, I�z�� • (,�% rt�. .�ct��i��C `J`� ©-u,L'. /f�u a-e.., "ed i may, Itk Gc% v� ", ciZ,u � uo �u '�{e Cz `c L s « „v ✓✓ f�c «� �(1 c y b� + aA of t c ¢ W Lri G�c�s121 LLGLO ✓� m ' oylk" . z&C A� I 1 J n ( a.rwi, (� cz => G�ou�u LJL fly ,/,y, L�'+� h7.��x� CUz. GGr,C.a- /�1•d2F., ,// �.'a; �mo�v7,�,, +/( � 1. -�C- `t�L T.� P7 � January 28, 2006 Common Clerk's Office City of Saint John P O Box 1971 Saint John, NB E21- 41-1 Attention: Randy Pollock wa � JAN 2' onh I would like to state my objection to the proposed zoning changes to the approximately 53 acres of land for the development on Westmorland Road. I have lived on Oakland Street for almost 44 years. It is a quiet residential neighbourhood, or at least it was. I am concerned with the environment being altered so drastically, a beautiful forested area to be turned into steel, girders, concrete and asphalt. I am afraid that the water that is currently being absorbed naturally by topsoil, trees, natural springs and assorted plant life will be displaced and forced by gravity down towards my home. A valid concern as I live on the uneven numbered side of Oakland St, in swampy ground. I am concerned that our properties may be used as a short cut to Rothesay Avenue, causing littering, possible loitering and increased crime. With only a handful of houses still owned by residents in Eastmount and continuous development on all sides, we are slowly being squeezed out. With the rumours of even further developments at the dead end of Oakland Street on top of the hill, I am apprehensive about our property values. But even more so, I fear losing my home which is full of precious memories where I raised my three children. I am worried that there could be a repeat of last summer when the site for the Home Depot was prepared. Oakland Street was used as an access road. The noise of the heavy equipment and the dirt it tracked down from the hill caused quite a mess and disturbance to our normally quiet dead end street. I could not keep my windows or car clean. The car windshield was scratched when the windshield wipers were turned on because of dirt and loose sand. And although we did receive notice of the blasting, it was still nerve shattering when it came as it would shake the furniture and items on the walls in my home. An even bigger concern is safety. I am one house over from a playground. It serves Eastmount plus the Morland Trailer Park, where I believe there are approximately 300 mobile homes. I have been told there are at least eight school buses travelling in this vicinity throughout the day. I don't know exactly how many children live in this area, but there are many. 1 The children play in the playground and on Oakland Street. The big trucks back down the street, to the stop sign at the intersection of Rockwood Avenue and Highland Street, posing an immediate threat to the children on the street. I would think it would be impossible to see a child if they were to suddenly run behind the truck. Furthermore I thought this was illegal!? Please reconsider the current proposal and perhaps look into another location for the mall and hospitality center. There is a large parcel of land on Consumers Drive, between Loch Lomond Road and Westmorland Road which I believe would be easier to develop and more suitable for the proposed development. It would still be within the same shopping district, so close in fact; to McAllister Mall that perhaps the parking lots and other aspects could be incorporated. Underground or overpass pedways linking the two malls would make it a Mega Mall, unlike any in this part of Canada, making Saint John the shopping center of New Brunswick and beyond. There are no residential homes in the immediate vicinity to contend with. And because of the makeup of the land, less site preparation would be necessary. Potential traffic issues may be averted due to the recent upgrades on Loch Lomond Rd. I am saddened to think that our elected government is more concerned with commercial endeavours than the concern of the citizens that voted them in office. Throughout the past few years our neighbourhood has been slowly eroding, due to the change of ownership of large parcels of land. Other parts of the city seem to be heard by Common Council, probably due to the fact there are more voices, ex: Westmorland Road, Silver Falls to name a few. Mr. Northrup has accumulated such a land mass in this area by literally taking over so there are few voices left to be heard. Our latest neighbour seems to have very little consideration for his fellow neighbours, as well as for city officials and local bylaws. He has left most of his properties in a dreadful mess, leaving local residents exposed to an eyesore and potential health hazards. The city is well aware of his lack of compliance in the past. As he gains more land, he gains more power. What will happen when he finishes this development? It would seem in one way or another he will have a strong influence in City Hall, a negative one I'm afraid. Please, take ownership of the city, ensure everything is on the "up and up" and speak up for all citizens of the City of Saint John, not just the ones of influence. I must strongly urge you to reject the proposal at Westmorland Rd. Yours truly, Evelyn Tidd 11 Oakland Street Saint John, NB E23 2P6 2 De ep N we G7.. dr_ICt• ia� f n�JPl' air ��r...e :sew /ls vt e f el y PS7� /� r i f` s ✓ e G re C ✓e�+/� 'J� .rL �l� �� tJ C� D� L�` U✓ riY t�. (f :r 4? 1..... / i 9 f( 0...^ E,. / p" e Por c� vc g U ct ✓t rr? Gr (s %i „ter %iit C' �...�.S__ 6f 42_ /c4' _W6U�F� !tL 3_L°Gi.. y:. _��✓ ri l e_re arerj:)t 4z a re4 s t-'in a[ a� n `f v� /e PG:% >`o �er f e feY re Lf O A T J r P rj't. If ✓+? e/ are b e l LveO p of 4' f G n C4 A '_ �✓� � Lt t�'�j1� _ti ✓/ �� W �?c:[( ! "tee Ir-�`v ,.�-, t� F�-'�.�'O %� r' G� s' ' . l �p �s14 e Ala Grp _ 7 44 e�"s-r, re v- �eI ;eve r 7'11 r(-.on z..i. 2W 17/ La b, j' Lim - GPs /tz d 4 reaLl �7� F(/ler S�, Patrick Woods Common Clerk for the City of Saint John, NB P.O. Box 1971 Saint John, NB E2L 4L 1 Mark McNamara 240 Mark Drive Saint John, NB E2J 3X7 Dear Mr. Woods, I have enclosed copies of a letter I wish to address to the Mayor and Councilors. Please enclose one copy of the letter in each of the business kits that you distribute to Council. Thank you very much � ;Ace Mark McNamara To: His Worship the Mayor and all Councilors of the City of Saint John, N.B. January 23, 2006 Re:Proposed re- zoning along Westmorland Rd as is being proposed by The Northrup Group RECEIVED JAN 31 2W6 My name is Mark McNamara of 240 Mark Drive, Saint John, N.B. I am writing on behalf of Silver Falls Park Development Co Ltd., one of the developers of the land along Commerce Drive. The company wishes to express its opposition to the above noted rezoning. As you are well aware, there are three major land developers within the area bounded by the Westmorland Road, McAllister Drive, Loch Lomond Road and Commerce Drive /Consumers Drive. When the City of Saint John made the decision that a new road had to be constructed from the Loch Lomond Road to Westmorland Road,because of the volume of traffic passing through the residential street of Mark Drive, all of the developers were approached by City staff with respect to cost sharing of the construction costs. The developers, and specifically the company I have been asked to represent, were quite politely told that if they did not agree to the cost sharing, they would not obtain the rezoning they were looking for. The developers all stood up to the plate, and each negotiated their own method of payment for the services on the part of the road that ran through their property. Hundreds of thousands of dollars were spent by the developers to meet their commitment to the City. City staff also informed the developers that they would promote the properties -they would put together a brochure and advertise it in all of the proper places. To date absolutely nothing has been done. Once that road was constructed, rezoning was also done on property on the North side of Westmorland Road, which very rapidly was filled with various businesses. Then, more land was rezoned to allow construction of Home Depot. Now, there is approximately another 54 acres being proposed for rezoning. If that zoning takes place, the rest of the land to the south of Westmorland Road will be virtually worthless. There are only so many businesses that will come into the area, and that will be the end of it. It is a finite thing. This rezoning will cause damages to the property values of the other developers. There are approximately 100 acres to the south of Westmorland already zoned. So much has been getting rezoned on the other side of Westmorland Road, the other developers have so far been unable to sell some land and recover their costs. The proposed rezoning is unjustified- because there is plenty of land already zoned, and unjust to the other developers who have already expended a lot of money to service their land. I realize that the City needs to increase it's tax base, and that will happen when new companies come to the area. The rezoning is not necessary to make this happen. If those companies are truly interested in coming into this area, they will go where the land is available. The company totally opposes the rezoning and urges this council to turn it down. Thank you for taking the time to read this. 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A-1l I.. 5krc 'Set +it .^t pto,. •�`•' Le�r, t ^f1-4c.k.s � 'trtil�te t �-w� c�'0.C. � J� <�q•ac°w1' Ca by 4 t\y w s s e kV 1« +n.,[ t � c n -� <o1e r _S Lt tta cs e ��+ . , 40 ✓� StJ cnq LA"tPc C-4 vtrrc� �lkt. eAcu1 a "J I 0w iei +wC ;tf b -LAC 5cvi.'��i, c�c:.�l�.� Mt151tz -s ci_-�l 3 ,� t" S D 1 r 3 +-I rD 6, � �.� �i M� Iw �J < r $ .tn. vbX 1 ri� cwt— i is n_'1- �W c� Kc c�•.t.(.` S� s1c'cJ„l d.. .JE t Lt 4 �a co„ i n�.l_il<,ril h� t E 1cAcvc lc��r <3 �s t l« S �l<ak' IV12 L4j 4 1.% cfr cat h • L �3 ra 1. S l � e r C1 rl Feria < c5 J` d =J � ',�' t` 1 w b j 'h l; <�<,J y 1,. kSt iuj �r.i V - t ku• l U p T h iJ IS t` lrcC s1�\ ( c ���'�<... �-" 1\\ R «i\ las� s� �{'.��y'4 � �4C. ..ti ha' �_� \�c�1 ri:w ��4 M. L�'�.f✓:. 4. 're'\ <i�f �..li � �` K5 Z Il t' a'� �, G...0 a. n C L...� C+-.) 0c> t� %� F •< / e' liT <r,�Zh °J � �. awl.. �-• �`A`X '���y � % �i� (i..._ ry t tit^ •�, �� vc ll_ c K � f �'� CS '\ (mil `7* / t E '(- • c1.. a ..11 r+a v t�. « (-< . .t. 1,E G a A } t f n c. lie .zc; t c .� t, < ,.., r j Y1.F ty{� -;'i F' cLgz. ' c�i+ lyt air' Z;b�t<fEts.f 7Truj }tn. i< v r t' L 1 .LI !. .1 ✓Y nip ak 14., rte Ci "c/<. i \r^- i u To Whom it may concern: I am writing to you because of my concern on the development of fifty three acres of land between Westmorland road and rothesay avenue. Are names are Aimee and Jim Bernier, We own the property at 26 Oakland Street, we are one of the closest properties to the new development with our garage only six feet away. We purchased this property last March because it was a nice quiet area to raise our children . One of our biggest concerns is the increase in traffic mainly the large trucks. Our son is starting school in September and he will be traveling by school bus, the new road will be going right where the kids get dropped off and picked up. Since the development of Home Depot in water problems, flooding in our garage due to the rock this problem will only get worse as more of the the trees are removed the air quality will lesson beca anything to block the Air and Noise Pollution. we have had a increase removal of trees and hill is removed. Also if use we won't have The value of our property will go down and we feel we would be forced to stay here if we ever decided to sell because who wants to purchase a house with a shopping centre in their back yard. With all the blasting that will be going on our houses are very old and structurally they may not be able to handle it. Why should you allow rezoning of the partial of land from residential to commercial, when there is a alternative, there is a large chunk of land behind McAllister place, ranging from Loch Lomond road, Mark Drive and McAllister Drive which is already zoned commercial. We want to know who is going to compensate us in our loss of property value are privacy, for the water problems it's going to cause and our quality of life that we have enjoyed in our Eastmount Community. Why should us the little people have to suffer for the big corporation to profit . Thank you for listening to us, Aimee and Jim ernier. \ 1" S�' n. I. . MMK �)7d��j�i v Lk IN I i i ► f Cc, f"I'LI l Alton D f W`�' January 31, 2006 Mayor and Common Council of the City of Saint John Re: Proposed Zoning Changes 336 Westmorland Road My family moved to Oakland Street 31 years ago. We came to this area because at that time, it was a small residential community. It was country living in the city. There was very little commercial business in the neighbourhood then. During the last few years, the atmosphere in our neighbourhood has changed drastically. What was once a quiet little dead -end street with only residential traffic , has now become a through -way for many garbage and transport trucks. During the past summer, we were subjected to the noise and traffic created by heavy construction equipment using our streets here in Eastmount to gain access to the construction site of the new Home Depot Store, as these vehicles were not permitted to use Westmorland Road because of City By -Laws. Don't we in our community have the right to the same protection from these By -Laws? If the proposed closure of the streets in question goes through, then will come the Zoning Changes. We in this community are strongly opposed to these changes. Our way of life in this area will be altered dramatically. Once the trees and vegetation are removed from the hill behind our house, we will be subjected to a torrential run -off of water from that hill. It won't be long before the excessive water begins to ruin the foundation of our house. This will definitely decrease the resale value of our house should we ever decide to move. It will also destroy the quality of life that we now enjoy in our neighbourhood. During the past few years, Common Council spent over $1,000,000. of taxpayers money building Commerce Drive which opened up several areas for new development. This area has several means of access not passing through residential areas. Development in this area would have no great adverse impact on residential citizens as the proposed development at Eastmount will. Once again, we ask that the Mayor and Common Council of our City, take into consideration the wishes of its residents and for once, not side with BIG BUSINESS. Sincerely Percy and Charlene Smith 28 Oakland Street TO: Mayor and Common Council, City of Saint John FROM: Ian Benjamin 22 Parklawn Ct, Saint John, NB E2K 2138 I am writing to express my opposition to the Rezoning proposal for 336 Westmorland Rd. This road already has too much traffic on it for a two lane road that passes in front of residential properties. In general I am opposed to the concentration of retail development in the East Side of the city in the area of Westmorland and McAllister roads. This is a built -in recipe for traffic congestion. Why isn't the city encouraging retail development in other parts of the city ?. Surely we don't want "all of our eggs in one basket ", especially when the basket is flood prone and overcrowded already. There is undeveloped shopping centre land between Loch Lomond Rd and Hickey Rd, and between Commerce Drive and McAllister Drive. There is substantial land available on the Golden Mile in Saint John West. Please think of the big picture before allowing any further Westmorland Rd projects. Thank you, Ian Benjamin 9 Rockwood Avenue Eastmount Saint John, N.B. E2J 2P4 January 31, 2006 City of Saint John Common Clerk's Office P.O. Box 1971 Saint John, N.B. E2L 4L1 RE: Application to Amend the Municipal Plan and Zoning By -Law Horizon Management Limited The Eastmount area that will be affected by the Horizon proposal is predominantly residential and there are things to be considered that will affect the health and well being of the citizens who live in the neighbourhood. Rockwood Avenue and Oakland Street are school bus routes. Children are on these streets at various times throughout the day, depending on when their classes begin and when they return home. • The playground at the corner of Rockwood Avenue and Oakland Street is the only designated play area for the children in the Eastmount area and the Morland trailer park. This playground is used from the winter through to the summer and back again. During the summer and on school days off it is used extensively by the area children from sunrise to sunset. • Asa relatively quiet area with low traffic flow the area has attracted an increasing number of young families with school age children. The entrance from Rockwood Avenue on to Rothesay Avenue is not a wide approach, especially when a long vehicle is making a right turn from Rothesay Ave onto Rockwood. Large vehicles are often prevented from completing their turn off of Rothesay Ave. when another vehicle is waiting to exit Rockwood Ave. On occasion the vehicle "stranded" in this turning position has been a school bus. Increased traffic of large vehicles at this entrance will definitely increase the number of "strandings" that occur. For these reasons there should not be any consideration toward the use of Rockwood Avenue or Oakland Street for truck or construction traffic. Other areas already provide for access to the proposed site. The residential and play areas must not become victim to retail sprawl. Additionally, in direct regard to the intent to rezone the entire swath of land right down to where it abuts the back of many residential properties on Oakland Street, there are strong considerations. The hillside has long been a natural absorber of the rain and snow water. If too much of the ground cover is disturbed then flooding of the low areas beneath it is sure to occur. This area has been a part of the Glen Falls Flood plain for many years and any compounding to flooding is not acceptable. Noise and light pollution from retail operations are as important to the people of Eastmount as they are to the people of Rothesay who had the same objections in relation to the proposed Wal -Mart for their area. Trees and shrubs of "substantial" density should be maintained on the hillside to prevent the Oakland and Rockwood residents from having their properties "ghetto- ized ". A set back of roughly 250 feet from the back line of the Oakland propertied would provide a fair buffer from the elevated construction behind them. The water and sewer connections required for any and all of the potential construction on the proposed property should have no detrimental effect on the Eastmount area. It is highly unlikely that the current sewer and drainage systems were designed and installed with the potential of such a large area on top of the hill being developed. This would mean that there is a high likelihood of the present systems being overloaded by further developments tying into them. Putting the residents of Eastmount in any jeopardy in relation to increased flooding or sewer backups is not to be considered. This has occurred too frequently in the past and without consideration in the overall development proposal will sure happen even more often. We would like you to thoughtfully consider our concerns as they relate to not only us but all of the other residents of the Eastmount area. Yours sincerely, Marjorie Ma�Knight AYdetr MacKnig t r lp�arl� onald MacKni `ght,`P.`ENn" . j � �� "�_J � �� ��� �--- � ¢i3� � �.�, h BACKGROUND TO PETITION REGARDING REZONING APPLICATION AT 336 WESTMORLAND RD. For more than 40 years the Oakland, Rockwood, and Highland Street area known as Eastmount has been a dead end, relatively quiet street. Some homes in the area are close to 100 years old, and some of the residents have lived here their entire lives. As stated by one resident in her letter to council, this is like country living in the city. The proposed 336 Westmorland Rd. rezoning would destroy the residential character of this neighborhood by putting a commercial shopping district literally in the back yards. One of the purposes for the existence of residential zoning is to provide long term protection for the quality of life and property values in a neighborhood. The homeowners and taxpayers in this area made the decision to buy here with the understanding that the adjoining undeveloped lands were also zoned residential. No doubt a major portion of many residents' life savings consists of home equity. Many of these residents are seniors, living on fixed incomes. They have no means to recover from the catastrophic drop in property values that the proposed development would bring literally to their back yard. Council's role is to strike an acceptable balance between the needs of the residents, the desires of the developers, and the needs of the city as a whole. When nearby high density retail commercial development makes a home unfit for continued residence, due to noise, traffic, and eyesores, the homeowner has only two "options ": stay put, and endure unacceptable living conditions, or sell at a loss and move elsewhere. Residents who invested in good faith in a property located in the middle of a residentially zoned area MUST NOT be put in this position by the actions of their local government. Developer's Options vs Residents Options The developer, on the other hand, has more choice. Should Council reject the current development proposal as unacceptable to the nearby residents, the developer can: develop other sites not adjacent to this neighborhood, as noted in the petition. If this developer does not proceed on these alternate sites, then surely a different developer will, if "major retail growth demands in the area " truly do exist. Shoppers don't really care who develops the retail areas. wait for another development opportunity that is of a more suitable character OR SCALE for the area as a whole. modify the proposal to reach an acceptable compromise with the neighbors. buy up the Eastwood residential properties at the current market price as they become available through the natural course of events until such time as the entire area is acquired It is absolutely vital to the Eastwood residents that Council prevents the developer from exercising one other "option ". It is quite likely that the developer's preferred "option" will be to: A) Initiate a catastrophic drop in the property values of the Eastmount neighborhood by bringing the shopping district literally right to their backyard. This manipulates the "market price" of these Eastmount homes down to rock bottom. Page 1 of 5 B) As the Eastmount residents move out in disgust, the developer then offers them bottom dollar for the purchase of their homes. Certainly no other prospective resident would want to live sandwiched between the Rothesay Avenue "Light( ? ?)" Industry and this new shopping center. This is the Eastmount residents worst possible "option" If allowed to pursue this `option ", the Northrups will have succeeded in driving out the pesky Eastmount homeowners and buying up their neighborhood at bargain prices. This would give them an unbroken tract of land between Rothesay Ave and Westmorland Rd, and no more troublesome complaints about their activities. Common Council has a substantial obligation to protect these residents. It must be emphasized that the developer does not yet even own some of the subject land parcels in the rezoning application, and therefore ought not be able claim undue hardship should Council deny the rezoning in order to protect the Eastmount neighborhood. The developer has far greater financial resources than the Eastmount residents. This fact should not allow the developer to be able to run roughshod over the interests of the neighbors. The history of this neighborhood, and its relationship with the developer, is relevant to this rezoning application. Also, the events associated with the proposed Rothesay Wal -mart project are relevant here. History: Eastmount vs Haldor The Eastmount area has had a long and troubled relationship with the Northrups. The Northrup properties that now house the new Mazda dealership. and the MDI property on Marlborough were in disgraceful condition for many years. Residents and City staff alike consistently have seen that the Northrups have been very poor neighbors and corporate citizens. During the Conditional Use application hearings for the Mazda dealership at 442 Rothesay Ave in fall 2004: Item 6 Oct 19,2004 meeting Item 8 Nov 2, 2004 meeting PAC was shown numerous photos graphically detailing the total disregard that the Northrups had for their neighbors. The rezoning history for 442 Rothesay Ave showed that Northrups had little regard for the zoning process and regulations itself. In 1996, the Building Inspector, through an enforcement action, brought the Northrups before the PAC and directed them to have this property rezoned for use as a used truck sales lot. Many of the conditions imposed by PAC at the time were subsequently ignored by the Northrups. At the conclusion of the meetings dealings with this issue, PAC chairman Philip Hovey scolded the Northrups in very forthright and explicit language, for several minutes, directing them to "make peace with your neighbors!" among other things. This proposal couldn't be less "peaceable" to the neighborhood, as it amounts to a death sentence to Eastmount if it is allowed by Council to proceed. Walmart in Rothesay: A Vital Precedent The recent events in Rothesay regarding the proposed Walmart store carry an important principle for this proposal. The world's largest multi - national retailer tried to build a store too Page 2 of 5 close to existing homes, on land that was already zoned for Business Park (BP). This zoning is much more appropriate for such a use than the Residentially zoned properties around Eastmount. The residents objected, the local government actually listened and heeded their concerns, and denied the rezonine application. It is not reasonable for the community as a whole to give developers whatever they want in commercial enterprises. "Major Retail Growth" - But Where? Is there truly a need to " respond to major retail growth demands in the area " as stated by the developer in the application? Probably at some point, yes. Why does do "retail growth demands" have to met by this developer, on this site? The alternative locations at the former CHSJ site, and the land between Commercial Drive and McAllister Drive, are much more suitable for this purpose, and not just because they happen to be located away from the Eastmount neighborhood. Expensive city services such as public road access, water and sewerage, and appropriate zoning are already in place. The city spent $1 million on the Commercial Drive area, and as yet there is no development there. These locations can be reached by major traffic arteries already in existence, with no upgrading needed. From many parts of the city, Westmorland Rd would not be the preferred route to access these locations. By denying this rezoning, Council will be very directly encouraging development on these much more suitable sites. This developer probably doesn't own land at the alternative sites that we suggested in the petition, and would not make the same profit should he choose to purchase them. That is HIS PROBLEM. It should not become the Eastmount residents' problem! If Saint John needs more shopping space, it must not be achieved by destroying Eastmount. To add insult to injury, the developer wants to name this project after the neighborhood that it will destroy. Runoff and Vegetation The hillside behind Eastmount has many springs. Blasting and land modification may divert some of this water toward Eastmount. The existing trees and vegetation intercepts and absorbs surface runoff. Removal of the vegetation may aggravate water problems on the Eastmount properties. CONSTRUCTION RELATED PROBLEMS We have described the major problems that this project would create for the Eastmount residents once it is completed. There are also substantial problems resulting from the construction process itself should this rezoning be approved. These mainly result from construction traffic, and blasting effects. The recent events caused by the Home Depot project are an example of what Eastmount faces from the construction process. Since the land to be worked is so much closer to the neighborhood, the problems would certainly be much worse. Home Depot History - Truck Traffic The Home Depot site construction began in early 2005. The stream that passed through the middle of the site had not yet been routed through culverts. This prevented trucks at the Westmorland Rd end from accessing rear of the site next to Eastmount. Initially the trucks used a dirt road adjacent to 300 Westmorland Rd to access the rear of the site. Complaints from the nearby residents, and the fact that Schedule K of the Traffic Bylaw prohibits trucks from this portion of Westmorland Rd, soon put an end to this route. Page 3 of 5 From March to May 2005 the Home Depot construction crews began to use Oakland St for heavy truck construction access onto the Home Depot site. This caused a great deal of disruption, stress, dirt and mud on the road, noise, and safety hazards to the residents. This traffic started before dawn, and continued after dusk 6 days a week. Large trucks with float trailers were parked by the side of the road for hours at a time with the engines running. During this process a temporary ( ?) road was built up through the Northrup property at the dead end of Oakland St. This road is shown in outline form at the west end of Oakland St on Figure 4 from the "Northrup Eastmount Centre Development Traffic Study". What are the developer's intentions here? We don't know, but given recent history, it is very likely that he intends to use this road will be used for further construction access and possibly future post - construction access to the site Whose Side is the City On? During numerous complaints to city officials, Oakland St residents were repeatedly told that the Traffic Bylaw prohibited trucks from the upper part of Westmorland, but not Oakland, and that this was why there was no other option but to use Oakland St for construction access. The playground at the corner of Oakland and Rockwood is used by many area children, including a large number from the nearby mobile home court. Oakland St. is used as a school bus stop for both the Eastmount children and the Morland mobile home park children. Although numerous complaints about the safety hazard posed by the trucks and their close proximity to the area children, nothing was done by the city to stop this problem. During the very trying period last spring, many Oakland St residents made repeated contacts with city officials and councillors, and received zero results. The subcontractors doing the work lied repeatedly to city staff as to whether they were using the street at all. Some of the seniors on the street were told by city staff, "Don't worry, we'll put a stop to this right away ", but nothing changed. It seemed to us that the Council and city administration were firmly on the side of the developers, and that our concerns were being completely ignored. This situation must never be allowed to repeat! Safety First! The cities inability to stop this safety hazard last spring is in sharp contrast to the actions of the city in closing McLean St. The city closed this street in response to safety concerns on Northumberland St. Why has the city been so unwilling to give similar protection to Eastmount residents? One poor cat was killed last spring by one of the Debly trucks working on the Home Depot. Was the city waiting for the death of a child before deciding to act? We were not asking for a total street closure, but simply a halt to the traffic from this project. It is important to note that the addition of Oakland St to Schedule K, Exclusions, in the traffic bylaw would NOT give the needed protection. The Saint John Traffic Bylaw, in Section 16 (2)( c ) states: "a truck transporting materials to or from a building or property fronting on any of the said streets. " is exempted from the prohibition requirements in schedule K of the bylaw. This means that the bylaw cannot be used to prohibit this truck traffic, since the construction site does "front on the said street ", at the Northrup Property adjacent to 3 Oakland St. Page 4 of 5 Blasting Damage During construction of the Home Depot site, at least one home was damaged by the blasting. Many windows were broken and plaster was cracked. Mr Edwards claimed at the Jan P Council meeting that there has been no seismic damage in the city as a result of blasting. Perhaps this blasting damage resulted from the airborne shock wave. Whatever the cause, the fact is, damage occurred from this blasting. Some of the older homes in Eastmount do not have properly constructed footings. It is unlikely that they can withstand the same magnitude of seismic shock as a more modern home. Much of the underlying rock is shale, which does not provide the same degree of stability as other kinds of rock. The Eastmount residents, many who are seniors, were not given proper notification of imminent blasts, in the form of a siren or horn,. This was VERY STRESSFUL, and quite needless. This problem would be MUCH WORSE when blasting happens literally in the backyard. Protect the Residents Too, Not Just the Contractor The blasting contractor would not provide a copy of the pre -blast report, nor would they discuss or respond to claims for the damage. It is appalling that the city allows such destructive actions to be taken by building contractors with no accountability or responsibility for corrective compensation. It is essential that the proposed city blasting bylaw protect individuals against the negligence and disregard that was encountered last spring and summer. Council MUST protect private citizens against harm caused by blasting. Council must not let concerns about legal liability from acting in this matter cause them to become negligent through their inaction. Page 5 of 5 PETITION REGARDING 336 WESTMORLAND ROAD NAME (Print) ADDRESS SIGNATURE PHONE clP w -. Gt 33—/ 2 r/ 1 y} \ �/i !Q'n�,{4f ` % Z ✓ :IT ! v 1/wl l J 7 �s3-9111 &J e � k C �r 37C IqI16 Sj & / ' �lleclkc 633g111 1 r JS t'eceY S s4 `� $ Al a 1el � 2-P k+ P— r Lo J /-,v, G, ✓nr G PETITION REGARDING 336 WESTMORLAND ROAD NAME (Print) ADDRESS SIGNATURE PHONE Anrcf..erortr �49 DaCland .Sfi w f9i6 ^1 (a v� De.bb« Mck;n„Dn q �oYlaV,�,I s+ op (v 23 -�a 13 �w U (r -c�v /a r 6s 2 -37/Z &Wf, M64Q 16 60Kti,Rn)> S7 l 4,t Q - 6R3 -,0(77 /7 Alv(UvI46 412 ,IE�Zvr� �yc�d I'f �RKl�h� Sf U x,33 -13f3 CLOAA PVC PLC Vk1A/ 11 (h it � ,�31c,7�f t yy OC h t ���7 Zo PETITION REGARDING 336 WESTMORLAND ROAD NAME (Print) ADDRESS SIGNATURE PHONE �/ &Z Ae--P� -�SG9 6Jre.4, W; Il.ae�is IS Q a XLo eL � r, t,i 9GcK 4/tel4- (oJ1 —37) ev 6rek 16 /1/la,rlborou �, Sh _= ( r .1�R•"'� �aod ICU Y� oz r/1a 7 Rockwood Ave. Saint John, N.B. E2J 2P4 January 24, 2006 City of Saint John Common Clerk's Office P.O. Box 1971 Saint John, N.B. E21, 4L1 Re: Application by Horizon Management Limited to Amend the Municipal Plan and Zoning By -Law of The City of Saint John In your consideration of the above noted application we strongly request that the concerns of long term residents of the area be addressed. The proposed development has the potential to directly effect our property and house at 7 Rockwood Avenue unless safeguards are put in place and adhered to. Our family have been tax paying residents of Rockwood Avenue since the mid 1940's and have seen this residential area slowly eroded over the past number of years with ever spreading commercial businesses. We are not against the development of tax paying and job creating businesses but feel it should not be at the detriment of the quality of life of those living in the adjacent properties. Our main concerns are the following: Over the past few years Rockwood Avenue has been subject to ever increasing traffic, especially buck traffic. This was particularly noted during the reconstruction of Rothesay Avenue when Rockwood Avenue was used to detour traffic while work was carried out on Marlborough Street. Trucks ranged from delivery vehicles to dump trucks to large Mr. Dumpster garbage trucks, which are operated from the area. As you know the area is basically built on a swamp. This makes buildings such as ours and the adjacent properties more susceptible to foundation damage from movement. These buildings, built in the 1920's, don't have foundations as substantial as those built today. Movement and cracking of our foundation has been noted, related to the increased traffic. This is particularly evident when the pounding from truck traffic has encountered potholes or renovations carried out on the street where areas of trenching with inadequate compaction created pothole type depressions. We therefore request that no truck traffic be added to Rockwood Avenue. In light of the fact that truck traffic has been restricted along Westmorland Road over an area built on sound foundations we feel this is a minimum requirement for a residential street built on a swamp, otherwise our house foundation will be progressively damaged beyond repair. In addition to foundation movement caused by truck traffic concem is held for vibrations from rock blasting activities, particularly as this activity comes closer to the residential area of Oakland Street and Rockwood Avenue. We therefore request that all residents in this area be included in a pre -blast survey c/w pictures of both the interior and exterior of the residences and that copies be made available to the home owners. We would also request that the homeowners be contacted periodically during blasting activities and representatives be made available to review any deterioration that might occur as the work progresses. As you also know the area of Rockwood Avenue is built on a flood plain (swamp). This area is subject to flooding which is well documented and the subject of many reports. Over the past 50 years many projects have been undertaken in the flood plain area to eliminate flooding. Even with these actions our property is still subject to flooding dependent on tides, weather conditions and the time of the year. If the new development adds to the amount of water currently being dealt with in this area we feel our property could be virtually submerged at certain times of the year. We therefore request that any development have sufficient provisions to mitigate any adverse effects to the potential flooding of the Rockwood Avenue area. We are also aware of the concerns of our neighbors on Oakland Street of virtually having this development built right up to their property lines. This would see cutting down of a significant green treed area of our community. We therefore support the need for a 75 in green buffer area to be maintained between the residents of Oakland Street and the new development. Buffer zones of this nature are the norm, for developments of this nature in residential areas, as per the current proposed Wal Mart development in Rothesay. We also have concerns that the cutting down of the trees in this area will increase runoff to adjacent lower areas such as Rockwood Avenue. To summarize, our concerns and requests are therefore the following: No truck traffic to be allowed on Rockwood Avenue. A pre -blast survey be carried out of Oakland Street and Rockwood Avenue residences. No additional runoff caused by the development or cutting of trees from the hillsides adjacent to Rockwood Avenue. The maintenance of a minimum 75 m green treed buffer between the development and adjacent residential properties. With provision of these modifications and address of concerns as outlined we would be agreeable to the proposal dependent on no new concerns arising from provision of missing information. Sincerely yours, -�T- Prank Gilbrid CET GSC lJ Paul Gil ride P. En,,g. 4 Malcolm Gilbride P. Eng. Common Clerk's Office Bureau du greffier communal www. saintjohn. ca February 13, 2006 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment — 336 Westmorland Road A Public Presentation was given on January 3, 2006 on a proposed Municipal Plan Amendment which would re- designate on Schedule 2 -A of the Plan a 21 hectare parcel of land, located at 336 Westmorland Road, from Low Density Residential to Regional Centre to permit re- zoning from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and un -zoned street areas to "SC" Shopping Centre as requested by Horizon Management Limited. The required advertising has been completed, and attached you will find a copy of the application, public notice of the proposed municipal plan amendment and letters in opposition to this proposed amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Re�s_pectfully submitted, J. Patrick Woods Common Clerk PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 336 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held on Monday, March 277 2006 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to Regional Centre, a parcel of land with an area of approximately 21 hectares (53 acres), located at 336 Westmorland Road, also identified as being PID Numbers 00303487, 003045359 00306894, 00308619, 003246573 00415281, 00415299, 00415307, 00415315, 004153235 00415331, 00415349, 004153569 00415364, 004153723 00415380, 00415398, 004161725 550394999 55039507, 550395155 550395239 550395319 55039549, 55039556, 55039564, 55039572, 550395807 550395981 550396067 550396145 55039622, 55039630, 55039648, 55039655, 55039663, 55039671, 55039689, 55039697, 55039705, 55039713, 55039721, 55039739, 550397479 550397549 55039762, 55039770, 55039788, 55055834, 55055859, 55055867, 550558759 55055883, 55055891, 550559095 550559175 55055925, 55055933, 55055941, 550559589 55055966, 55055974, 55055982, 550559902 55056006, 55056014, 55056022, 55056030, 55056048, 55056055, 550560635 55056071, 55056089, 550560979 550561053 55056113, 55056121, 55056139, 55056147, 550561547 55056162, 550561709 55056188, 55056196, 550562045 55168959, a portion of 00306431, as well as the former Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of the former Rockwood Avenue, as illustrated below. rue 2, Rezoning the same parcel of land from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 336, CHEMIN WESTMORLAND Avis public est donne par la presente, que le conseil communal de The City of Saint John a 1'intention d'etudier les modifications suivantes du plan d'amenagement municipal et de 1'arrete sur le zonage de The City of Saint John, au cours de la seance ordinaire du conseil prevue le lundi 27 mars 2006 a 19 h : 1. Modification de la designation, a Pannexe 2 -A du plan d'amenagement municipal, d'une parcelle de terrain dune superficie d'environ 21 hectares (53 acres), situee au 336, chemin Westmorland, et portant les NID 00303487, 00304535, 00306894, 00308619, 00324657, 00415281, 00415299, 00415307, 00415315, 00415323, 00415331, 00415349, 00415356, 004153645 004153723 00415380, 004153985 00416172, 55039499, 55039507, 55039515, 55039523, 55039531, 55039549, 55039556, 55039564, 55039572, 55039580, 55039598, 55039606, 550396149 55039622, 55039630, 55039648, 55039655, 55039663, 55039671, 55039689, 55039697, 55039705, 55039713, 55039721, 55039739, 550397479 550397545 55039762, 55039770, 55039788, 550558347 55055859, 55055867, 550558755 550558835 55055891, 55055909, 550559179 55055925, 55055933, 550559415 550559589 55055966, 550559745 55055982, 550559905 55056006, 550560143 55056022, 55056030, 55056048, 550560559 55056063, 55056071, 550560899 55056097, 55056105, 55056113, 55056121, 550561395 55056147, 55056154, 55056162, 55056170, 550561885 55056196, 55056204, 551689593 et faisant cgalement partie du NID 00306431, et I'ancienne rue Amherst, avenue Ashland, croissant Eastmount, avenue Elmwood, rue Poplar, rue Walnut, rue Windsor, rue Woodland, et faisant cgalement partie de 1'ancienne avenue Rockwood, pour la faire passer de zone residentielle de faible densite a zone de centre regional, comme le montre Is carte ci- dessous. 2. Modification du zonage de la parcelle de terrain precitee pour la faire passer de zone residentielle - habitations unifamiliales et bifamiliales «R -2», unzoned street areas to "SC" Shopping Centre. (INSERT MAP) REASON FOR CHANGE: To permit the development of a shopping centre. The proposed amendments 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. zone residentielle de banlieue — habitations unifamiliales et bifamiliales c RS -2» and rue non zon6e a zone de centre commercial o SC ». (INS$RER LA CARTE) RAISON DE LA MODIFICATION: Permettre Pame'nagement d'un centre commercial. Toute personne interest6e peut examiner les modifications propos6es au bureau du greffier communal on an bureau de l'urbanisme et d6veloppement a Fhotel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6rie's. Written objections to the amendments may be sent Veuillez faire par de vos objections aux projets de to the undersigned at City Hall. modification proposes par 6crit a ]'attention du soussign6 a 116te1 de ville. J. Patrick Woods, Common Clerk J. Patrick Woods, Greffier communal 658 -2862 658 -2862 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 336 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held on Monday, March 27, 2006 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to Regional Centre, parcel of land with an area of approximately 21 hectares (53 acres), located at 336 Westmorland Road, also identified as being PD) Numbers 00303487, 00304535, 003068945 00308619, 00324657, 00415281, 00415299, 00415307, 00415315, 00415323, 004153315 004153493 00415356, 00415364, 00415372, 00415380, 00415398, 00416172, 55039499, 550395077 550395153 55039523, 550395315 55039549, 550395569 55039564, 550395727 550395809 55039598, 550396069 55039614, 55039622, 55039630, 55039648, 55039655, 55039663, 550396719 55039689, 55039697, 55039705, 550397135 55039721, 550397399 550397475 55039754, 55039762, 55039770, 55039788, 55055834, 550558593 550558679 55055875, 55055883, 55055891, 550559099 55055917, 55055925, 55055933, 55055941, 55055958, 55055966, 55055974, 55055982, 550559909 55056006, 550560145 55056022, 55056030, 55056048, 55056055, 550560632 55056071, 55056089, 550560979 55056105, 55056113, 550561219 550561395 55056147, 55056154, 55056162, 55056170, 55056188, 550561969 55056204, 55168959, a portion of 00306431, as well as the former Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of the former Rockwood Avenue, as illustrated below. 2, Rezoning the same parcel of land from "R -2" One and Two Family Residential, "RS-2" One and Two Family Suburban Residential and unzoned street areas to "SC" Shopping Centre. (INSERT MAP) REASON FOR CHANGE: To permit the development of a shopping centre. The proposed amendments 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 amendments maybe sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 -------------- ------ ------ ---- ----- -- - - -- PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 336, CHEMIN WESTMORLAND Avis public est donne par la presente, que le conseil communal de The City of Saint John a Pintention d'etudier les modifications suivantes du plan d'amenagement municipal et de Parr@te sur le zonage de The City of Saint John, an cours de la sdance ordinaire du conseil prevue le lundi 27 mars 2006 a 19 h : 1. Modification de la d6signation, a ]'annexe 2 -A du plan d'amenagement municipal, une parcelle de terrain dune superficie d'environ 21 hectares (53 acres), situ6e au 336, chemin Westmorland, et portant les NID 00303487, 00304535, 00306894, 00308619, 00324657, 00415281, 00415299, 004153079 00415315, 00415323, 00415331, 00415349, 00415356, 00415364, 00415372, 004153807 004153985 00416172, 550394999 55039507, 550395157 55039523, 550395319 55039549, 55039556, 55039564, 550395725 550395809 55039598, 55039606, 550396145 55039622, 55039630, 550396487 55039655, 55039663, 550396719 55039689, 55039697, 550397055 550397139 55039721, 55039739, 55039747, 550397545 55039762, 55039770, 55039788, 55055834, 55055859, 550558679 55055875, 55055883, 55055891, 55055909, 55055917, 550559259 55055933, 55055941, 550559583 55055966, 550559745 550559829 55055990, 550560067 55056014, 55056022, 55056030, 55056048, 55056055, 55056063, 55056071, 55056089, 55056097, 55056105, 55056113, 55056121, 55056139, 55056147, 55056154, 550561629 550561705 55056188, 55056196, 55056204, 55168959, et faisant 6galement partie du NID 00306431, et Pancienne rue Amherst, avenue Ashland, croissant Eastmount, avenue Elmwood, rue Poplar, rue Walnut, rue Windsor, rue Woodland, et faisant 6galement partie de 1'ancienne avenue Rockwood, pour la faire passer de zone residentielle de faible densite a zone de centre regional, comme le montre la carte ci- dessous. 2. Modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone re'sidentielle - habitations unifamiliales et bifamiliales <<R -2», zone r6sidentielle de banlicue - habitations unifamiliales et bifamiliales c<RS -2» and rue non zonbe a zone de centre commercial a SC >>. (INS$RER LA CARTE) RAISON DE LA MODIFICATION: Permettre 1'amenagement d'un centre commercial. Toute personne int6ress6e peut examiner les modifications propose'es an bureau du greffier communal ou au bureau de 1'urbanisme et d6veloppement a 1'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 f6rie's. Veuillez faire par de vos objections aux projets de modification proposes par ecrit a Pattention du soussign6 a 1'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 � Ufa as Y U� S n/ /o 3 d ti ch. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506 ) 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, February 28, 2006 Tuesday, March 21, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Telephone: (506) 658 -2862 © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 21 hectares (53 acres), located at 336 Westmorland Road, also identified as being PID Numbers 00303487, 00304535, 003068949 003086197 00324657, 00415281, 00415299, 004153079 004153153 00415323, 00415331, 004153495 00415356, 004153649 00415372, 00415380, 00415398, 00416172, 55039499, 55039507, 55039515, 550395239 55039531, 55039549, 55039556, 550395649 55039572, 55039580, 55039598, 55039606, 55039614, 55039622, 55039630, 550396485 55039655, 55039663, 550396719 55039689, 55039697, 55039705, 55039713, 55039721, 550397399 55039747, 55039754, 550397623 550397709 55039788, 55055834, 550558595 55055867, 55055875, 55055883, 55055891, 55055909, 55055917, 55055925, 55055933, 55055941, 55055958, 55055966, 55055974, 55055982, 550559905 55056006, 55056014, 55056022, 550560309 550560485 55056055, 55056063, 55056071, 55056089, 55056097, 550561059 55056113, 55056121, 550561397 55056147, 550561541 55056162, 55056170, 550561883 550561962 55056204, 55168959, a portion of 00306431, as well as the former Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of the former Rockwood Avenue, from Low Density Residential to Regional Centre classification - all as shown on the plan attached hereto and forming part of this by -law. ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edicte cc qui suit: L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 Is modification de 1'annexe 2 -A, relative an plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 21 hectares (53 acres), situee an 336, chemin Westmorland, et portant les NID 00303487, 00304535, 00306894, 00308619, 003246575 004152819 004152992 004153077 00415315, 00415323, 00415331, 004153495 004153565 00415364, 004153725 00415380, 00415398, 004161725 550394999 55039507, 55039515, 55039523, 55039531, 550395499 55039556, 55039564, 55039572, 55039580, 55039598, 550396063 55039614, 550396225 55039630, 55039648, 55039655, 55039663, 55039671, 55039689, 55039697, 550397059 55039713, 55039721, 55039739, 550397473 55039754, 55039762, 55039770, 550397885 55055834, 550558599 55055867, 550558753 550558835 55055891, 55055909, 55055917, 550559257 550559339 55055941, 55055958, 550559669 55055974, 55055982, 550559905 550560065 55056014, 550560221 550560303 55056048, 55056055, 550560633 550560715 55056089, 55056097, 55056105, 55056113, 55056121, 550561399 55056147, 55056154, 550561629 550561705 55056188, 550561963 55056204, 55168959, et faisant egalement partie du NID 00306431, et 1'ancienne rue Amherst, avenue Ashland, croissant Eastmount, avenue Elmwood, rue Poplar, rue Walnut, rue Windsor, rue Woodland, et faisant egalement partie de Pancienne avenue Rockwood, de zone residentielle de faible densite a zone de centre regional; - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arr@te. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed pr6sent arrete le to this by -law the * day of *, A.D. 2006 signaturessuivantes: and signed by Mayor /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 2006, avec les 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 21 hectares (53 acres), located at 336 Westmorland Road, also identified as being PID Numbers 00303487, 00304535, 00306894, 00308619, 00324657, 004152811 00415299, 004153079 004153153 004153231 00415331, 004153499 00415356, 00415364, 00415372, 00415380, 00415398, 00416172, 55039499, 55039507, 55039515, 55039523, 55039531, 55039549, 550395563 550395649 55039572, 550395805 55039598, 55039606, 55039614, 55039622, 55039630, 550396489 55039655, 550396632 550396715 55039689, 55039697, 55039705, 550397135 55039721, 55039739, 55039747, 550397541 55039762, 55039770, 550397883 55055834, 550558592 550558673 55055875, 550558839 55055891, 55055909, 55055917, 550559255 55055933, 55055941, 55055958, 55055966, 550559745 55055982, 55055990, 55056006, 55056014, 55056022, 55056030, 55056048, 55056055, 55056063, 55056071, 550560899 550560975 55056105, 55056113, 550561213 55056139, 55056147, 550561543 55056162, 55056170, 550561885 55056196, 55056204, 55168959, a portion of 00306431, as well as the former Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of the former Rockwood Avenue, from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and unzoned street areas to "SC" Shopping Centre classification habitations - all as shown on the plan attached hereto and forming part of this by -law. ARRETE No C.P. 110 - ARRETE MODIFIANT VARRE'TE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arr@te sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est me difie par: 1 La modification de I'annexe <<Au, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 21 hectares (53 acres), situee au 336, chemin Westmorland, et portant les NID 00303487, 00304535, 003068949 003086197 00324657, 004152819 00415299, 004153079 00415315, 00415323, 00415331, 00415349, 00415356, 004153649 00415372, 00415380, 00415398, 00416172, 55039499, 550395075 55039515, 550395231 55039531, 55039549, 550395569 55039564, 55039572, 55039580, 55039598, 550396061 55039614, 550396229 55039630, 55039648, 55039655, 550396635 55039671, 55039689, 550396979 55039705, 55039713, 55039721, 550397399 55039747, 550397543 55039762, 55039770, 550397889 550558341 550558595 550558679 55055875, 55055883, 550558915 550559099 55055917, 55055925, 55055933, 550559415 55055958, 55055966, 550559745 55055982, 55055990, 550560065 55056014, 550560222 550560305 550560489 550560553 550560639 55056071, 550560895 550560972 55056105, 550561139 55056121, 550561395 550561479 55056154, 550561625 55056170, 55056188, 55056196, 55056204, 55168959, et faisant egalement partie du NID 00306431, et Fancienne rue Amherst, avenue Ashland, croissant Eastmount, avenue Elmwood, rue Poplar, rue Walnut, rue Windsor, rue Woodland, et faisant egalement partie de Vancienne avenue Rockwood, de zone residentielle - habitations unifamiliales et bifamiliales «R -2», zone residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS -2» et rue non zonee a zone de centre commercial a SC >>; - toutes les modifications sont indiquees sur le plan ci joint et font partie du present 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. 2006 and signed by: Mayor /Maire arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr @t6 le 20065 avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture PROPOSED MUNICIPAL PLAN AMENDMENT RE: 336 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Regional Centre, the following property: A parcel of land with an area of approximately 21 hectares (53 acres), located at 336 Westmorland Westmorland, et portant Road, also identified as being PID Numbers 00303487, 003045359 00306894, 00308619, 003246575 00415281, 00415299, 004153077 00415315, 00415323, 00415331, 00415349, 004153569 00415364, 004153729 00415380, 004153989 00416172, 55039499, 55039507, 550395157 55039523, 55039531, 55039549, 55039556, 550395649 55039572, 55039580, 55039598, 55039606, 55039614, 55039622, 550396305 55039648, 55039655, 55039663, 55039671, 550396895 55039697, 550397059 55039713, 550397219 55039739, 55039747, 55039754, 550397629 55039770, 55039788, 55055834, 55055859, 55055867, 55055875, 55055883, 55055891, 550559092 550559179 550559259 550559339 55055941, 55055958, 55055966, 55055974, 55055982, 550559909 55056006, 55056014, 55056022, 55056030, 55056048, 55056055, 550560639 550560719 55056089, 55056097, 550561055 550561139 55056121, 55056139, 55056147, 550561543 55056162, 550561705 55056188, 550561969 55056204, 55168959, a portion of 00306431, as well as Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of Rockwood Avenue, as illustrated below. egalement partie de 1'avenue (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, January 3, 2006 in the Council Chamber, Lobby Level, City Hall, PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 336, CHEMIN WESTMORLAND Par tes presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal afin de faire passer la designation du lot suivant dans 1'annexe 2 -A du plan de zone residentielle de faible densite 6 zone de centre regional: une parcelle de terrain dune superficie d'environ 21 hectares (53 acres), sime'e an 336, chemin Westmorland, et portant les NID 00303487, 00304535, 003068947 00308619, 003246573 00415281, 00415299, 004153072 004153159 00415323, 004153315 004153499 00415356, 00415364, 00415372, 00415380, 00415398, 004161723 55039499, 55039507, 55039515, 55039523, 550395313 55039549, 550395565 55039564, 55039572, 55039580, 550395985 55039606, 550396145 55039622, 55039630, 55039648, 55039655, 55039663, 55039671, 55039689, 55039697, 55039705, 55039713, 55039721, 55039739, 55039747, 55039754, 55039762, 55039770, 550397889 550558343 55055859, 55055867, 55055875, 550558833 55055891, 55055909, 55055917, 55055925, 55055933, 55055941, 55055958, 550559665 550559749 55055982, 550559902 550560065 55056014, 55056022, 55056030, 550560489 55056055, 550560635 55056071, 550560895 550560979 55056105, 55056113, 55056121, 55056139, 55056147, 55056154, 550561625 55056170, 55056188, 55056196, 55056204, 551689595 et faisant egalement partie du NID 00306431, et faisant egalement la rue Amherst, 1'avenue Ashland, le croissant Eastmount, I'avenue Elmwood, la rue Poplar, la rue Walnut, la rue Windsor, la rue Woodland, et faisant egalement partie de 1'avenue Rockwood, comme le montre la carte ci- dessous. (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le mardi 3 janvier 2006 dans la salle du conseil, au niveau du hall d'entree, a 1'h6tel de ville. REASON FOR CHANGE: To permit rezoning of the land from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and unzoned street areas to "SC" Shopping Centre Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 2, 2006. Enquiries may be made at the office of the Common Clerk or 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. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afro de faire passer la designation s'y rapportant de zone r6sidentielle — habitations unifamiliale et bifamiliales <<R-2)>, zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 » et rue non zonee d zone de centre commercial « SC ». Veuillez faire part au conseil par 6crit de vos objections an projet de modification au plus tard le 2 f6vrier 2006 6 Pattention du soussign6. Pour toute demande de renseignements, veuillez vous adresser au bureau de la greffiere communale ou au bureau de l'urbanisme et du developpement is 116tel de ville au 15, Market Square, Saint John, M -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, December 20, 2005 Tuesday, January 10, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 Common Clerk's Office Bureau du greffier communal %A? ww.saintjohn.ca P.O. Box /C.P. 1971 Saint. John, NB /N. -B. Canada E2L 4L1 December 13, 2005 / 13 decembre 2005 Horizon Management Limited P.O. Box 1289 Saint John, N.B. E21-4G7 Dear Sir: Re: 336 Westmorland Rd, Monsieur, Objet: 336, chemin Westmorland Enclosed is a copy of the Public Vous trouverez ci- annexee une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisagee au plan municipal en vue de la redesignation of the above redesignation de la propriet6 ci- dessus. property. Following the date for the receipt of objections, namely, February 2, 2006 Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, J.`laatrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. Apres la date de reception des objections, c'est -a -dire le 2 fevrier 2006, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience publique et demander les opinions du Comite consultatif d'urbanisme. 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C� l� � z°C./ u S �/_ 0 41e chi %C( A / / /�Oc FOF ��07/� /S —/ / oh v IQ fMp—. HORIZON MANAGEMENT LTD. P.O. BOX 1289 SAINT JOHN, NB E2L 4G7 Dear Residents, On behalf of Horizon Management Ltd. we would like to extend an invitation to you and your families to attend a general information session pertaining to the proposed development in the Westmorland Road area. We would like to take this opportunity to provide area residents with a clearer understanding of the proposal and address any possible concerns which you may have. Date: Thursday, March 16, 2006 Time: 6:30 pm Location: Hotel Courtenny Bay 350 Market Square Salon "B" Refreshments will be available for your convenience. Please join us at this session, as it is our wish to live in harmony with the community. Cordially, Ro Adams Horizon Management Ltd. Cordially. Mike Mercier Milestone Construction and Development Inc. Common Council March 24,2006 Subject: Developing on Westmorland Rd. Oakland St. Rockwood Ave. Marlborough Ave and Highland St 1 oppose of the new Development Prase 1,2 and 3. 1 am concerned about the traffic you are going to create in the Marlborough Ave. from a 2 to a 4 lane making a highway going in to the neigbourhood for shopping malls . Marlborough Ave portion of it is going to be on a hill The entrance or exit is going to be on Marlborough Ave.During construction dumptrucks are to be used on Marlborough Ave. Really unsafe.There are alot of children that live in this area and Morland Trailer Park. We all know why Morland Trailer would not get letters announcing Tuesday,s meeting of the planning advisory comittee as Northups own the Morland Trailer Park. I think it will affect the Trailer Park to .There is a playground on corner of Oakland St. and Rockwood Ave. It will be unsafe for children to cross a four lane highway to get to the playground.It does not make sense to make Marlborough Ave into a four lane when access should be on Westmorland Rd. only or why couldn,t a road be made near the Fundy Line Motel and connect on to Moors Brook Drive or the power line off Westmorland Rd. on to Rothesay Ave.The power line runs along the proposed property. During construction of Home Depot Southend of Oakland St. was used.Dumptrucks, Pulptrucks,Flatbed trucks and boomtrucks and construction workers vehicles were used on Oakland St. Very small road and no sidewalks. Had no consideration of the residents on Oakland St.Backing up on Oakland St. through stop signs by playground .Is it not against the law to back up any vehicle on a roadway for 400 Feet and parking vehicles in front of fire hydent on Oakland St.? Lots of dust and noise one residents animal was killed by a truck .A lot of blasting was done , Damage was caused by blasting to residents windows on Oakland St. Oakland St.,Highland St.and Rockwood Ave. should be closed off for all new development for safety reasons in the future . McLean St. was closed down for safety reasons for residents. Why does the residents have to fight for there rights for there safety and peace and quiet ?. These streets should be zoned as a no truck route. Yours truly, Evelyn Tidd 11 Oakland St. Saint John , NB. E2J2P6 Son Glenn Anthony Darlene Oldford s ±d l^ a o c d s � U ack t, ooj 00/1', y 6 C s 9 A S CA V a a y- RIt) 6k L4.(=)O v cb � S a 01 V Q is r �a ^1r March 22, 2006 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 336 Westmorland Road On February 13, 2006 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 21, 2006 meeting. Mr. Rod Adams attended the meeting on behalf of the applicant, Horizon Management Ltd. Mr. Adams was accompanied by the company's consultants, Messrs. Robert Grant and Don Good (ADI Ltd.), Mike Mercier (Milestone Construction and Development Ltd.), Gordon Mouland (Fundy Engineering & Consulting Ltd.), and Ron Hiltz (Terrain Group). Mr. Adams provided an overview of the proposed development and introduced the consultants, who addressed the Committee with respect to the various details of the project, including the market impact study, traffic impact studies, site preparation and blasting, site grading and development, construction, general site services and storm drainage. The speakers answered several questions from the Committee with respect to all of these issues. Mr. Adams also expressed agreement with the recommendation in the staff report, except for recommendation 6(a), which he requested be amended by deleting the requirement to provide concrete sidewalks on both sides of the proposed Retail Drive. Mr. Adams indicated that, in his opinion, sidewalks on both sides of the street would not be appropriate because the development sites will all be on one side of the street. A large number of area residents, property- owners and other persons attended the meeting in opposition to the proposal. Brian McClain, 165 Westmorland Road, Val Todd, 14 Oakland Street, Carmel McCaig, 300 Westmorland Road, Beatrice LaTour, 298 Westmorland Road, Nina Ewart, 100 Simpson Drive, Barb Ricker, 37 Oakland Street, Barbara and Carl Ellemberg, 26 -28 Oakland Street, Jacqueline Beck, 24 Oakland Street, Ann Marr, 10 Oakland Street, Don Willard, 6 Oakland Street, Ian Benjamin, speaking on behalf of his mother, Marjorie Denton of 3 Oakland Street, Percy Smith, 28 Oakland Street, all addressed the Committee. Their concerns included traffic, blasting, potential of increased runoff from the Planning Advisory Committee Page 2 March 24, 2006 site, removal of trees and lack of significant amounts of landscaping in the proposal, the need for a larger buffer zone between the development and the residential areas, and specific problems that they have experienced as a result of other developments initiated by the applicant or related companies. It was suggested that alternative sites that do not directly abut residential development, such as the Commerce Park business park area between McAllister Place and Loch Lomond Road, would be more suitable for the proposed shopping centre development. Brian McMullin, General Manager of McAllister Place Ltd., also addressed the Committee and indicated that, in his opinion, the City is reaching a saturation point with respect to fashion retail facilities. He indicated that, in his opinion, the development should be limited to non - fashion retail stores. In addition to the above presentations, the Committee received five letters (copies attached). The Committee also had for its review copies of the letters and petition that had been received by Common Council at its February 13, 2006 meeting. After considering the report, presentations and written submissions, the Committee decided to recommend that the proposed Municipal Plan amendment and rezoning be denied. RECOMMENDATION: That the proposed Municipal Plan amendment and rezoning be denied. Respectfully submitted, Philip Hovey Chairman RGP /r Attachments Project No. 06 -006 DATE: MARCH 17, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 21, 2006 SUBJECT: Name of Applicant: Randall G. Pollock, MCIP Planner Horizon Management Ltd. Name of Owner: Horizon Management Ltd., City of Saint John, Four Square Gospel Church Canada, Haldor (1972) Ltd., Donald Northrup et al, Barry McMillan and Lisa McMillan and Roland Buckley Location: 336 Westmorland Road PID: Various PIDs and former street areas Municipal Plan: Existing: Low Density Residential Proposed: Regional Centre Zoning: Existing: "R -2" One and Two Family Residential and "RS -2" One and Two Family Suburban Residential Proposed: "SC" Shopping Centre Proposal: To develop a shopping centre with up to 55,740 square metres (600,000 square feet) of retail and hospitality uses Type of Application: Municipal Plan Amendment, Rezoning and Subdivision Horizon Management Ltd. Page 2 336 Westmorland Road March 17, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with respect to proposed amendments to the Municipal Plan and Zoning By- law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 27, 2006. The Act also authorizes the Committee to advise Common Council with respect to the location of new public streets in conjunction with the subdivision of land. The Subdivision By -law authorizes the Committee to approve street names in new subdivisions and to prescribe the standards for streets and improvements, utilities and other facilities for non- residential subdivisions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council resdesignate on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to Regional Centre, a parcel of land with an area of approximately 21 hectares (53 acres), located at 336 Westmorland Road, also identified as being PID Numbers 00303487, 00304535, 00306894, 00308619, 00324657, 00415281, 00415299, 00415307, 00415315, 00415323, 00415331, 00415349, 00415356, 00415364, 00415372, 00415380, 00415398, 00416172, 55039499, 55039507, 55039515, 55039523, 55039531, 55039549, 55039556, 55039564, 55039572, 55039580, 55039598, 55039606, 55039614, 55039622, 55039630, 55039648, 55039655, 55039663, 55039671, 55039689, 55039697, 55039705, 55039713, 55039721, 55039739, 55039747, 55039754, 55039762, 55039770, 55039788, 55055834, 55055859, 55055867, 55055875, 55055883, 55055891, 55055909, 55055917, 55055925, 55055933, 55055941, 55055958, 55055966, 55055974, 55055982, 55055990, 55056006, 55056014, 55056022, 55056030, 55056048, 55056055, 55056063, 55056071, 55056089, 55056097, 55056105, 55056113, 55056121, 55056139, 55056147, 55056154, 55056162, 55056170, 55056188, 55056196, 55056204, 55168959, a portion of 00306431, as well as the former Amherst Street, Ashland Avenue, Eastmount Crescent, Elmwood Avenue, Poplar Street, Walnut Street, Windsor Street, Woodland Street and a portion of the former Rockwood Avenue. 2. That Common Council rezone the same parcel of land from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and former unzoned street areas to "SC" Shopping Centre. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a shopping centre on the subject parcel of land be subject to an agreement containing the following conditions: Horizon Management Ltd. 336 Westmorland Road Page 3 March 17, 2006 a) The development of the site is limited to a shopping centre with a maximum floor area of 55,740 square metres (600,000 square feet) in one or more buildings on one or more separate lots. b) No lot in the shopping centre shall be developed, and no site excavation shall be undertaken, except in accordance with a detailed site grading and drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. c) No lot in the shopping centre shall be developed, except in accordance with a detailed site plan and detailed building elevation plans, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features, and such site plan must be attached to any building permit for the development, other than site preparation. d) All work shown on the approved site plan and building elevation plans for each lot, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval. e) The proponent must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and facilitate proper drainage. f) Exact driveway locations for each lot are subject to the approval of the Chief City Engineer or his designate. g) The proponent must provide all utilities underground, including power and telephone from the street to any building on any lot. h) The proponent must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, including a minimum of 6 metres (20 feet) inside the front property line of each lot, and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk. i) Prior to any business on the subject site commencing operation, the proponent must widen Westmorland Road to four lanes from the end of the existing four -lane section to the intersection of the proposed Retail Drive, including curb and sidewalk installation, storm sewer extension, any necessary relocation of utility lines and traffic light standards, and provision of a dedicated left -turn lane for eastbound traffic on Westmorland Road at Retail Drive, all in accordance with detailed engineering plans to be prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. Horizon Management Ltd. 336 Westmorland Road Page 4 March 17, 2006 j) The proponent must install traffic signals at the intersection of Westmorland Road and the proposed Retail Drive in accordance with City of Saint John specifications. k) The development of the site is limited to development sites 2 and 3 with a maximum of 16,700 square metres (180,000 square feet) of commercial space until such time as the proposed Retail Drive is constructed by the proponent to connect with Marlborough Avenue and Marlborough Avenue is reconstructed by the proponent as a four -lane street, including the provision of a school bus stop clear of the travel lanes of Marlborough Avenue, all in accordance with City of Saint John specifications. 1) There shall be no vehicular access permitted to any part of the site from Oakland Street, Rockwood Avenue or Highland Street, either as a formal access or during site preparation and construction. m) If Marlborough Avenue is used for access to the site during site preparation and construction, the school bus stop mentioned in condition k) must be constructed by the proponent prior to the use of Marlborough Avenue for site preparation and construction traffic. n) The following additional requirements apply to the proposed excavation and site preparation: (i) Blasting shall be under the control of an experienced licensed powder man and no explosives shall be stored on the site. (ii) Prior to any blasting operations being undertaken, the proponent shall provide proof of a general liability insurance policy or rider satisfactory to the City covering all aspects of the intended blasting activities, and obtain written approval from the Building Inspector. (iii) The proponent shall be solely responsible for any damage or accident to adjoining utilities, properties, structures, wells and persons as a result of blasting operations. (iv) The control, general safety, handling, record keeping, and conducting of blasting operations shall be carried out in accordance with the latest edition of New Brunswick Regulations 91 -191 under the Occupational Health and Safety Act. (v) Areas to be blasted shall have the surface stripped of grubbing prior to blasting. (vi) Prior to any blasting operations being undertaken, the proponent shall provide a plan of blasting operations and sequences to the Building Inspector for review. The Building Inspector, at his discretion, may require that blasting mats be used in some or all locations. Horizon Management Ltd. 336 Westmorland Road Page 5 March 17, 2006 (vii) Immediately prior to a blast, the proponent shall clear the blasting area of all persons, vehicular and pedestrian traffic and shall post flagmen at each road entering the blasting area who shall stop all traffic and shall prevent such traffic from entering the area until the blast has taken place. The proponent shall provide and use a siren to warn the public and the workers that a blast is to be set off, and to indicate the `All Clear' after the blast has taken place. Four (4) short soundings of the siren two (2) minutes before detonation of a blast shall be used for warning and protection, and one (1) long seven (7) second sounding of the siren shall be used to give the `All Clear' signal. (viii) The proponent shall provide a copy of any pre -blast survey to the owner of each property covered by the survey. and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 4. That, if and when third reading is given to the rezoning, Common Council: a) assent to one or more subdivision plans, in one or more phases, with respect to the proposed Retail Drive public street and any required municipal services easements and public utility easements; b) authorize the preparation and execution of one or more City /developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. c) amend the City of Saint John Traffic By -law to remove the "no truck route" designation of Westmorland Road between Depot Court and the proposed Retail Drive. 5. That the Planning Advisory Committee approve the street name Retail Drive. 6. That the Planning Advisory Committee impose the following street and servicing standards for the proposed subdivision: a) proposed Retail Drive to be constructed with asphalt surface, concrete curbs with concrete sidewalks on both sides, landscaping behind the curb /sidewalk, all within a minimum 20 -metre (66 -foot) right -of -way and constructed to the specifications of the Municipal Operations and Engineering Department; b) all lots to be serviced with municipal water, sanitary sewer and underground storm sewer, constructed to the specifications of the Municipal Operations and Engineering Department; Horizon Management Ltd. Page 6 336 Westmorland Road March 17, 2006 c) all power, telephone and cable television lines to be installed underground. BACKGROUND: On January 31, 2005, Common Council amended the Municipal Plan and Zoning By -law by redesignating an approximately 7.6- hectare (18 -acre) parcel of land directly adjacent to the subject site from Low Density Residential to Regional Centre, and by rezoning the same land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre. A portion of the redesignated and rezoned land has been developed with a Home Depot store on a new cul -de- sac street off Westmorland Road (Depot Court). Two smaller development sites on Depot Court remain for additional shopping centre development. On February 13, 2006, Common Council gave third reading to a by -law officially closing a number of undeveloped street rights -of -way in the Eastmount Subdivision, which form part of the subject site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises that the proposed development is of sufficient size to have an impact on numerous municipal systems. The concerns are as follows: Traffic • For the first phase of the development, the proposed new street, Retail Drive, must be constructed with a temporary cul -de -sac turn around large enough to turn a tandem truck without reversing, and sidewalks on both sides. • Westmorland Road must be widened to complete the four lane configuration with sidewalks on both sides of the street from Consumers Drive to the proposed Retail Drive before any of the new businesses open to the public. • The traffic lights at Retail Drive must be designed and installed by the developer to standards approved by the Chief City Engineer. They will become the property of the City of Saint John. • Trucks accessing the site may not use Westmorland Road between Loch Lomond Road and the site. It is not a truck route. Storm Drainage • This site drains directly into the Flood Risk Area. Measures must be taken to insure there is no additional flooding as a result of this development. • Storage of storm runoff on site may be necessary to compensate for the faster runoff from paved parking areas and roofs. • There may be upgrades required to the City's storm sewers to handle this development. Water Supply Horizon Management Ltd. 336 Westmorland Road Page 7 March 17, 2006 • This site is presently served with a single water main. It may not provide sufficient flow to meet the fire protection needs of the development. A second connection may be required from either Rothesay Avenue or Sunnyside Avenue to meet the needs of the first and subsequent phases. Sanitary Sewer • Sewers in the area may not be able to carry the expected flow from this development at completion. • The sanitary sewer lift station at One Mile House has limited remaining capacity. This development will accelerate the need for improvements to it. The developer must retain a consultant to carry out the necessary analyses and designs to resolve the above concerns. Building and Technical Services advises that there will be a significant amount of blasting associated with this development. There have been previous concerns in the general neighbourhood about the potential effects of blasting on neighbouring properties. As a result of these expressions of concern and, as well, concerns from various communities within the City respecting blasting, we feel that it would be appropriate that should Council agree to rezone the property, that a Section 39 condition be imposed which would regulate blasting activities. The City of Saint John's General Specification for work performed by contractors for the City contains, under Section 13, a number of restrictions and regulations regarding blasting activity. It is recommended that similar regulations be included in a Section 39 agreement in order that property owners in the immediate area have some confidence that blasting activity will be carried out in a responsible manner and, in the event that damage is done to neighbouring properties, property owners will be protected. In addition, it is further recommended that in the Section 39 agreement a condition be imposed whereby all of the neighbouring properties which have had a pre -blast survey are provided with the results of that survey. This would allow the property owners to conduct their own inspections subsequent to any blasting activity and determine if anything has changed relating to their properties. The resulting conditions as suggested by the Building Inspector have been included in the staff recommendation. Saint John Transit advises that Westmorland Road is well served by bus with a high frequency on the East — Ellerdale service. Saint John Energy advises that it has adequate facilities in the area to service the development. The extension of underground facilities and relocation of poles on Westmorland Road to allow for four lanes will be at the owner's expense. Saint John Energy requires six months lead time to order utility equipment, and must receive a purchase order prior to ordering such equipment. Horizon Management Ltd. Page 8 336 Westmorland Road March 17, 2006 Aliant Telecom advises that it has no issues at this time with respect to the proposal. Any facilities issues will be discussed with the developer and coordinated jointly with Saint John Energy. It should be noted that consideration will have to be given to the possibility of relocating the pole line on Westmorland Road pending the widening to four lanes. With respect to the site itself, Aliant will require a manhole civil system to be built in order to service this entire area. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. Fire Department has no objection to the application, but given the scope of the project a number of concerns are relevant. It is expected that the development of a road network and parking areas as well as the construction and operation of the commercial occupancies will adhere to both the National Fire and Building Codes. Particular direction with respect to the design of the first phase, shall allow for early consideration with respect to a number of code provisions. Section 2.3.5 of The National Building Code of Canada makes particular reference to the provisions for firefighting. The stated provisions shall be adhered to and include, but are not limited to, the following: • Section 3.2.5.4 Access Routes • Section 3.2.5.5 Location of Access Routes • Section 3.2.5.6 Access Route Design o With respect to the consideration on access routes, Appendix A- 3.2.5.6(1) provides that the design and construction of fire department access routes involves the consideration of many variables, some of which are specified in the requirements in the Code. All these variables should be considered in relation to the type and size of fire department vehicles available in the municipality or area where the building will be constructed. It is appropriate therefore that the local fire department be consulted prior to the design and construction of access routes. Section 3.2.5.7 Water Supply • On this particular note, the Fire Department would require that the hydrant network be extended throughout the thoroughfare and that appropriate hydrant placements are extended throughout all of the commercial area. • Water supply was an issue for the fire suppression system as designed for the Home Depot facility. Partial conclusion on this instant was that the sprinkler system was under- engineered. 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. Horizon Management Ltd. Page 9 336 Westmorland Road March 17, 2006 Saint John Police Force has been advised of the proposal. N.B. Department of Environment and Local Government has been advised of the proposal. School District 8 advises that there is a school bus stop at the corner of Marlborough and Oakland Streets that serves approximately 76 children, the majority of which live in the Morland Mobile Home Park. There are three buses in the morning and three in the afternoon. If the development is approved, the School District will modify its pick -up and drop-off points so that children will not be required to cross Marlborough Avenue. The school buses will turn onto Rockwood Avenue from Rothesay and stop at the corner of Oakland Street and Rockwood Avenue to pick up and drop off children from the Oakland Street area. Then the buses will proceed on Oakland Street and turn left onto Marlborough Avenue. The buses will then stop on Marlborough Avenue to pick up and drop off children who reside in the mobile home park. A suitable lay -by and waiting area clear of the traffic lanes should be provided for this second stop. ANALYSIS: Site and Neip-hbourhood The subject site is an approximately 21- hectare (53 -acre) parcel of mostly undeveloped land, extending from Westmorland Road to Marlborough Avenue, Oakland Street and Highland Street, in East Saint John (see attached location map). The topography of the site is uneven, with several steeply sloping areas. The elevation ranges from less than 6 metres (20 feet) above sea level at the intersection of Marlborough and Oakland Street up to 60 metres (200 feet) above sea level at its highest point, along the southwest boundary of the site approximately midway between Westmorland Road and Rothesay Avenue. Between the high point of the site and Westmorland Road, the land slopes down into a valley at approximately 30 metres (100 feet) above sea level and then rises toward Westmorland Road. The elevation of the site at Westmorland Road ranges from approximately 39 metres (128 feet) to 46 metres (150 feet) above sea level. The original topography of portions of the site, especially in the vicinity of the Home Depot property, has been altered by excavation done at the time of site preparation for the Home Depot development. The site abuts four streets, namely Westmorland Road, Marlborough Avenue (mostly the undeveloped portion), the undeveloped Highland Street, and the south - westerly end of Oakland Street. There are several recently - closed street rights -of -way that also comprise a portion of the site. These streets, which were never developed, were part of the Eastmount Subdivision plan that was filed in the early 1900s. The main frontage of the site, on Westmorland Road, is approximately 220 metres (720 feet). To the northeast of the site are the existing McAllister/Westmorland Regional Centre area and the Morland Mobile Home Park. To the southeast, across Westmorland Road, is a large cemetery, Horizon Management Ltd. Page 10 336 Westmorland Road March 17, 2006 beyond which is the Silver Falls Park residential area. The adjoining area to the northwest, between the subject site and the Rothesay Avenue Service Corridor, is a small residential neighbourhood of approximately 30 houses fronting on Oakland Street, Rockwood Avenue and Marlborough Avenue. There are a number of residential uses and an office building along both sides of Westmorland Road to the southwest of the site'. The larger interior properties bordering the southwest boundary of the site are owned by Fernhill Cemetery and DKB Enterprises Inc. A major N.B. Power corridor runs through this area between Westmorland Road and Rothesay Avenue. Proposal The applicant, Horizon Management Ltd., proposes to develop a major commercial development of up to 55,740 square metres (600,000 square feet) of retail and hospitality space when fully completed. For comparison purposes, the size of the proposed development would be approximately 25 percent larger than the current size of McAllister Place mall. However, rather than one large mall, the development would consist of a mix of "big box" retail buildings and strip malls, similar to the First Westmorland Shopping Centre area and other recent commercial developments on McAllister Drive. The proposed development concept is illustrated on the attached preliminary site plan. The preliminary plan indicates five main development sites (labelled as sites 2 to 6 on the plan, as the previously- approved Home Depot development area is considered to be site 1 of the overall development area). Each of the five development sites would contain a variety of freestanding stores and small strip plazas, together with associated parking and landscaped areas. The five development sites would all front on and be accessed by a new public street connecting Westmorland Road to Marlborough Avenue. A second access into the Home Depot property would also be provided off of the proposed street. The applicant has proposed the name Retail Drive for the new street, which would be a four -lane thoroughfare with full underground utilities. Marlborough Avenue is proposed to be widened to four lanes to Rothesay Avenue, and Westmorland Road would also be widened to four lanes from Canadian Tire to just beyond the proposed Retail Drive intersection. The total amount of floor space indicated on the attached preliminary plan is 48,400 square metres (521,000 square feet). It should be noted that the final internal layout of each development site may change as more detailed plans are prepared and the specific needs of prospective businesses are ascertained. For example, the variety of buildings on one or more of the development sites might be consolidated into one or two larger buildings to accommodate a larger retail business. 1 It should be noted that, on March 6, 2006, the applicant submitted a further application to redesignate and rezone the two -acre residential property at 310 Westmorland Road, directly adjacent to the south corner of subject site. A public presentation of that application will occur on March 27, 2006. If Common Council decides to consider the proposal (after the initial thirty-day objection period) a public hearing will be scheduled for no earlier than mid -June of 2006. Horizon Management Ltd. Page 11 336 Westmorland Road March 17, 2006 Due to the uneven topography of the site, major site preparation work will be required for the proposed development. Substantial cut and fill areas are proposed in order to provide level areas for the buildings and parking areas. Development sites 2, 3 and 4 will be at a similar elevation level of 36 to 38 metres above sea level, while sites 5 and 6 will step down to 30 to 31 metres and 13 to 24 metres, respectively, in a terraced manner. The attached elevation plan and profiles illustrate the existing and proposed finished elevations throughout the site. The applicant indicates that the development will occur in two main phases, starting at the Westmorland Road end of the site. The first phase, to be completed in 2006, includes development sites 2 and 3, with a total of approximately 16,700 square metres (180,000 square feet) of specialty retail and apparel space. Included in this phase would be the construction of Retail Drive as a cul -de -sac street only as far as necessary to access the two development sites, and widening of Westmorland Road to four lanes. The second phase, in 2007 or later, would include the balance of the development sites, together with extension of Retail Drive all the way through to Marlborough Avenue, and widening of Marlborough Avenue. Most, if not all, of the site preparation for the entire site would occur at the same time as the first phase. Municipal Plan Context The subject site is currently designated Low Density Residential on Schedule 2 -A of the Municipal Plan. The site is zoned partly "R -2" One and Two Family Residential and partly "RS -2" One and Two Family Suburban Residential. The proposal requires redesignation on the Plan to Regional Centre and rezoning to "SC" Shopping Centre. Essentially, approval of the proposed amendments would result in a further expansion of the existing designated Westmorland/ McAllister Regional Centre to encompass the subject site. Although the site would be suitable for residential development, as currently permitted by the Municipal Plan and Zoning By -law, it is also contiguous to the present commercial area and can be viewed as a logical extension of the Regional Centre designation. The amendments would relocate the boundary between the residential and commercial areas to the southerly and westerly edges of the subject site rather than the present location of the boundary at the edge of the Home Depot development. Unlike the present boundary, however, the new boundary would abut existing developed residential areas, including the Oakland Street area and the residential section of Westmorland Road. It is therefore important that the treatment of the "edges" of the commercial area be considered carefully with the view to incorporating features that minimize the impact on nearby residential uses. Such features include possible increased setback requirements, screening and vehicular access restrictions. With respect to new or expanded shopping centre developments, the policies of the Municipal Plan require the following: a) The proposed site is located on an arterial or collector street; and Horizon Management Ltd. 336 Westmorland Road Page 12 March 17, 2006 b) The shopping centre proposed is of a size and nature that is in the opinion of Council warranted on the basis of a survey to be carried out by or for the applicant of the population and location and type of other commercial establishments within the anticipated trading area and the City as a whole. Westmorland Road is designated by the Plan as a collector street and, therefore, the subject site meets the first criterion. Similar to other recent proposed shopping centre developments, the applicant has addressed the second criterion by submitting a market impact statement, prepared on its behalf by ADI Limited. The market impact statement reviews the current economic conditions in the Greater Saint John area and discusses the likely impacts of the proposed development on the regional retail sector, paying particular attention to the Uptown area. The economic overview indicates a strong positive economic outlook through to the end of this decade on a national, provincial and regional scale. The Saint John area is expected to be a leader in terms of contributing to provincial economic growth due to projects such as the LNG terminal, Point Lepreau refurbishment and the transformation of the former dry dock to a "green" industrial park. There has been continuing strong growth in employment, housing starts, home sales and retail sales, with the retail sector being an important source of employment and economic activity. The report outlines benefits of further retail development to Saint John area consumers in terms of greater local choice and competition, and indicates that it also benefits existing commercial establishments. No negative impact on the Uptown is anticipated, as the Uptown has transformed itself into a specialized retail, commercial and live entertainment area focussing on its unique architecture, tourism traffic and attractions such as the City Market, Imperial Theatre and Harbour Station. The summary page of the market impact statement is attached to this report. A further consideration in terms of the appropriateness of expanding the Regional Centre to encompass the subject site is the availability of undeveloped land in the existing designated area and adjoining non - residential designations, such as the McAllister/Rothesay Service Corridor area and the Commerce Drive Business Park area. In the existing Regional Centre there are two smaller development sites on Majors Brook Drive between Boston Pizza and the mobile home park, as well as additional land area for expansion on the McAllister Place property. The major undeveloped site in the designated Service Corridor area is the former CHSJ tower site on Rothesay Avenue. Rezoning or, in the case of the McAllister Place property, Section 39 amendment would be required for any of these sites to be developed with uses similar to the present proposal and could likely be supported on the same basis as the subject site. On the other hand, development of the Commerce Drive Business Park area with a primarily retail focus would, in addition to rezoning, require an amendment to the Municipal Plan. Such an amendment could also possibly be supported. However, consideration would have to be given to the original purpose of the Business Park area, which was to provide a location for predominantly light manufacturing, warehousing and office uses (including call centres) adjacent to the Westmorland/McAllister Regional Centre. Horizon Management Ltd. Page 13 336 Westmorland Road March 17, 2006 Traffic and Transportation Infrastructure Traffle Impact Studies Over the past eight months the applicant has retained ADI Limited to evaluate the traffic impacts of the proposed development, including the ability of the existing transportation infrastructure to accommodate the traffic generated by the development, as well as the nature of any required improvements. This has resulted in three traffic studies having been prepared by ADI, in August 2005, January 2006 and February 2006, respectively. The initial traffic study was comprehensive in nature and had as its objective to identify the traffic impacts associated with the proposed development (including the previously approved Home Depot site) in a study area that includes Westmorland Road, Marlborough Avenue and Rothesay Avenue, along with the following intersections: • Westmorland Road/Consumers Drive • Westmorland Road/CAA driveway • Westmorland Road/Depot Court • Westmorland Road/Retail Drive • Rothesay Avenue /Marlborough Avenue A five -year design period was used on the basis that the proposed development is expected to be completed over a short time frame. The second traffic study focused specifically on the extent to which traffic will be diverted from Rothesay Avenue, McAllister Drive and Westmorland Road upon completion of construction of Retail Drive from Westmorland Road to Rothesay Avenue. Finally, the most recent study updates the August 2005 traffic analysis in light of the opening of Home Depot, minor changes to the developer's plans for the property since last August, and to provide additional information as requested by City staff. The main staff concern with the original traffic study was that the full widening of Westmorland Road to four lanes was not initially proposed to occur in conjunction with the first phase of the development, resulting in a level of service (LOS) on Westmorland Road that would be below an acceptable LOS C. Staff and the Committee had previously recommended that Westmorland Road be widened to include an additional westbound (i.e. going "uphill ") lane at the time of the Home Depot proposal. However, the widening was not imposed as a condition of the rezoning for Home Depot. As a result, Westmorland Road has experienced traffic problems since Home Depot opened because both turning and through traffic must use the same lane on the westbound approach to Depot Court. The final traffic study acknowledges that Westmorland Road must be widened to four lanes prior to any additional business becoming operational. The final traffic study also provides additional detail on the initial development of the subject site. The information from the first two studies is included as appendices to the final traffic study. The Horizon Management Ltd. 336 Westmorland Road Page 14 March 17, 2006 main body of the final traffic study is attached to this report, together with the summaries and conclusions from first and second studies, which are Appendix B and C of the final study. Traffic Consultant's Findings and Recommendations The development of sites 2 and 3 (i.e. the initial phase of the development) will result in 7,500 one -way trips (3,800 in/3,800 out) per day for site 2 and 3,500 one -way trips (1,750 in/ 1,750 out) per day for site 3. In combination, both sites 2 and 3 will generate 730 one -way trips (363 in/367 out) during the weekday evening peak hour. As is the case with other developments, this traffic will include entirely new traffic generated by the existence of the new commercial development, traffic diverting from other areas and streets of the City, and pass -by traffic making an intermediate stop as part of an existing trip. All of the traffic related to the initial phase of the development will enter and exit through the Retail Drive/Westmorland Road intersection. The analysis indicates that, with Westmorland Road upgraded to four lanes, traffic lights at the intersection of Retail Drive, and a 100 -metre (330 - foot) dedicated left -turn lane on the eastbound (downhill) approach to Retail Drive, an overall LOS C or better will result at each of the four signalized intersections in the area (i.e. Consumers Drive, CAA driveway, Depot Court and Retail Drive). The studies indicate that any development of the subject site beyond sites 2 and 3 must be accompanied by the connection of Retail Drive as four -lane street to Marlborough Avenue, and the upgrading and widening of Marlborough Avenue to four lanes, in order to retain an overall acceptable traffic flow. Improvements to Rothesay Avenue will not be necessary, but the existing traffic signal controllers and equipment will need to be modified to permit an advanced left turn onto Marlborough Avenue from Rothesay Avenue. The consultant indicates, in the January 2006 supplementary traffic study, that the completion of this alternate link from Westmorland Road to Rothesay Avenue will improve the traffic circulation in the general area by diverting 25 to 30% of the existing traffic from presently congested sections of Rothesay, McAllister and Westmorland. The total cost of the required improvements to Westmorland Road is estimated to be approximately $780,000, including the street widening, curb and sidewalk work, storm sewer installation and traffic signal pole base relocations. Any required relocation of utility poles (see input from Saint John Energy) would be in addition to this cost. Construction of Retail Drive is estimated to cost $5,392,000, including installation of all municipal services and public utilities, street lighting, traffic lights, paving, curbs, etc. The details need to be refined and a more comprehensive report will be required for Common Council to consider cost sharing. In the past the City has approved cost sharing with respect to piping materials in the manner provided for in the Subdivision By -law, as well as additional contributions to ensure proper looping of services that benefit the area as a whole. Horizon Management Ltd. Page 15 336 Westmorland Road March 17, 2006 Internal Site Circulation and Driveway Locations The traffic studies do not directly address circulation within the subject site (i.e. circulation between Retail Drive and the individual development sites). The area of most concern is the relationship of development site 4's driveway with the sharp turn on Retail Drive. It is possible that a traffic signal will be required at this point if development site 4's driveway is located in the manner illustrated on the preliminary site plan. All driveway locations in the development will be subject to the approval of the Chief City Engineer or his designate. Truck Traffic on Westmorland Road It should be noted that Westmorland Road is designated as a "no truck" route by the City's Traffic By -law. As noted in the input from Municipal Operations and Engineering, truck traffic accessing the site is not permitted to use Westmorland Road between Loch Lomond Road and the site. This will apply to both construction traffic and truck traffic making deliveries to the shopping centre area once it is in operation. In this regard, it will be necessary to amend the City's Traffic By -law to remove the "no truck" designation for the small section of Westmorland Road between Depot Court and Retail Drive if the proposed Municipal Plan amendment and rezoning are approved. This action is included in the recommendation. School Bus Stop on Marlborough Avenue At present there is a single school bus stop for the Oakland Street area and the mobile home park on Marlborough Avenue, which requires that some children must cross Marlborough Avenue for their bus. This will not be an appropriate arrangement once Retail Drive is extended through to Marlborough Avenue, or if Marlborough Avenue is used for construction access during the site preparation phase. School District 8 has suggested a change to two separate bus stops, one at the intersection of Rockwood and Oakland and the other on the mobile home park side of Marlborough Avenue. The developer will be responsible for the construction of a suitable lay -by area, clear of the travel lanes on Marlborough. Site Servicing The site must be fully serviced with City water, sewer and storm sewer. The recommendation provides for Council's assent to any easements that will be necessary in providing these services, as well as other services such as power and telephone. Storm Drainage The site will be graded in a manner that all developed areas will drain toward Retail Drive. Storm water from the initial development area closest to Westmorland Road will be directed to an extension of the storm sewer on Westmorland Road, and to an extension of the storm sewer that traverses the Home Depot, Kent and Wal -Mart property to Majors Brook. As was the case with Horizon Management Ltd. Page 16 336 Westmorland Road March 17, 2006 the Home Depot development, measures to control post - development storm water release rates to match pre - development rates will be required. These would include roof -top and/or parking area retention areas that will hold excess water during storms and release it slowly to the Majors Brook system. It is proposed that the balance of the development will be served by a new storm sewer in Retail Drive that will be extended down Marlborough Avenue, bypassing the Rothesay Avenue storm sewer and emptying directly into Marsh Creek on the other side of Rothesay Avenue. This routing has the advantage of bypassing Majors Brook as well. A detailed storm water management plan will be required as a condition of approval of the development. Water Supply and Sanitaty Sewer The developer will be required to extend the municipal water and sanitary sewer mains to Retail Drive from their present terminus at the end of Depot Court through a municipal services easement that already exists across the Home Depot property. The developer's engineering consultant must provide sufficient information, including flow estimates and detailed plans, to satisfy the Chief City Engineer that the proposed extensions will adequately service the development and not cause any negative impact on the existing piped systems. As noted by Municipal Operations and Engineering, the developer may be required to install a second water supply connection to either Rothesay Avenue or Sunnyside Avenue as early as the first phase, in order to provide sufficient flows for fire protection. Power and Telephone Power and telephone service must be extended from Westmorland Road as Retail Drive is constructed. These utilities will be installed underground. Subdivision of the Site It is anticipated that each of the development sites will be created as a separate lot, notwithstanding that the developer may retain ownership of them. It appears that each lot within the development will be able to meet the minimum lot size and width requirements for the "SC" Shopping Centre zone. This will be confirmed when final subdivision plans are prepared. The individual lots will all front on Retail Drive, which would vest in the City as a public street upon filing of the subdivision plan in the Registry Office. The recommendation includes Common Council's assent to one or more subdivision plans with respect to the vesting of the public street and any required easements. Authorization of a subdivision agreement with security to ensure the completion of all necessary street and servicing work is also recommended. Similar to the Home Horizon Management Ltd. 336 Westmorland Road Page 17 March 17, 2006 Depot subdivision development, the security should be for the full amount so that road construction, service installation and building construction can all occur concurrently. The Subdivision By -law authorizes the Committee to approve street names in subdivision developments. The street name Retail Drive has been reviewed by staff and found to be different in sound and spelling from any existing street in the Saint John area. Therefore, approval of this street name can be recommended. The Subdivision By -law also authorizes the Committee to establish the street and servicing standards for non - residential subdivisions. Similar to other approved developments, Retail Drive should be constructed with an asphalt surface, concrete curbs and sidewalk on both sides and landscaping within the proposed 20 -metre (66 -foot) right -of -way. Electrical and telephone service must be provided underground within the subdivision. The proposed lots must be served by municipal water, sanitary sewer and underground storm sewer. All construction is subject to compliance with the Municipal Operations and Engineering Department's detailed specifications with respect to asphalt depths, minimum pipe sizes, etc. Site Preparation and Site Development Considerations Site Preparation As noted previously in this report, substantial and major site preparation work will be required in order to provide level areas for development. This work has the potential of being very disruptive to the surrounding area, particularly the Oakland Street and Westmorland Road residential areas, as well as the mobile home park. There will be substantial cut and fill areas entailing blasting of rock and removal of large amounts of aggregate material from the site. The two major issues are blasting and truck traffic. These both proved to be problematic when Home Depot was being developed. Therefore, more rigorous Section 39 conditions with respect to the site preparation phase of the development should be considered in conjunction with the present proposal. With respect to blasting activity, the Building Inspector has recommended that the relevant provisions of the City's General Specification for work performed by contractors for the City be incorporated into the Section 39 conditions. These provisions cover such matters as licensing of the blaster, storage of explosives, insurance, compliance with the regulations under the provincial Occupational Health and Safety Act, preparation of a plan of blasting operations and sequences, and the use of warning sirens and flagmen. In addition, the Building Inspector has recommended that the contractor be required to provide copies of the pre -blast surveys to the neighbouring property- owners. All construction traffic should be required to access the site either from Westmorland Road (from the direction of Consumers Drive only) or Marlborough Avenue. The use of Oakland Street or an Horizon Management Ltd. 336 Westmorland Road Page 18 March 17, 2006 "overland" route over properties owned by the principals of the developer at the end of Oakland Street to Rothesay Avenue should not be permitted. The recommended Section 39 conditions incorporate the above requirements. If there are additional specific concerns expressed by neighbouring residents, additional conditions could be considered by the Committee and Council. Site Development The attached site plan is only preliminary in nature. Actual building locations and driveway/ parking configurations will most likely change somewhat as more detailed plans are prepared. The shopping centre development must be built to modern -day standards for urban commercial developments, with defined driveway accesses, asphalt parking areas, concrete curbing, underground wiring, quality building finishes and landscaping of all disturbed areas of the site. Particular attention must be paid to the edges of the site adjacent to the existing residential areas. These areas must include features such as tree plantings and landscaped areas to provide a separation between the two types of uses. A specific Section 39 condition prohibiting any access to the site from Oakland Street, Rockwood Avenue or Highland Street is also recommended. In order to ensure that the final development of each lot is of a high quality, it is recommended that the Section 39 conditions incorporate the normal site development requirements that are imposed on such projects. This would include submission of detailed site and building elevation plans to the Development Officer for approval. The final development will be required to comply with all Zoning By -law requirements for the "SC" Shopping Centre zone, including a minimum 15 -metre (50 -foot) building setback from all property lines. If refinements to the plan result in the need for any variances, further consideration by the Committee will be necessary. CONCLUSION: The subject site is a mostly undeveloped property on the edge of the existing Westmorland/ McAllister Regional Centre. The proposed amendments to the Municipal Plan and Zoning By -law will result in the expansion of the Regional Centre designation to include the subject site. This can be supported only if the required improvements to the transportation infrastructure and municipal services are made to accommodate the development, and measures are taken to minimize the impact on adjoining residential areas, both during the construction and operational phases of the development. Specific Section 39 conditions are recommended with respect to all of these issues. RGP /r Project No. 06 -006 1 UP �FftiM +� 77 I i 1 1 I:: I a;; I • -- op �Y Q cZ L N UNi G � CO �T e —' N /I<a QN Q V /.W ¢3 !�o o� 1 UP �FftiM +� 77 I i 1 1 I:: I a;; I • -- op �Y Q cZ L G � �T e J VI QN Q o Z J LU a � r II I 8 I� I I I I I I I +t I I m NI al s � a ® F M® � I J Me I sill I I Msl � 1 Oo I h �j J 3 l If G If 11 11 If If If IX A Iq 11 Market Impact Statement ' Westmorland Road Retail Development 8 4.0 SUMMARY 1. The economic outlooks for New Brunswick and the Saint John area are extremely positive. Continued strong growth is expected for 2006 and the remainder of this decade. This means growth in incomes (GDP), employment and the retail sector. 2. The retail sector is an important component of the Saint John area economy. It accounts for 16 percent of the area employment or almost 10,000 jobs. 3. The development of major retail areas such as the Westmorland area is occurring worldwide. This has required many small retailers, such as those in the Uptown area, to make adjustments to their business plans and focus on the market opportunities where they have strategic advantages. 4. Continued development of Saint John's retail sector is an important component of its economic strategy and will ensure that it will maintain its position as the major Provincial retail centre. a F Z=0 (55) 5577 -004.1 .T: U� S i {1 I fft Pa"v ��. i•7 � a 9 4H� lk LL ik H TABLE OF CONTENTS Page 1.0 INTRODUCTION ............................................................................... ............................... .............. 1 1.1 Study Purpose and Scope ........................ ................. ... ............. ..... .................. I............... 0 1 1.2 Study Background ............................................................................ ............................... 9 1 13 Report Format .................................................................................. ............................... 2 2.0 INITIAL DEVELOPMENT PLAN ......................................... I.,........ I.,.............. 3.0 TRAFFIC GENERATION ................................................... ............................... 4.0 TRAFFIC LEVEL OF SERVICE., . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . I . . . . . . . . q . 5.0 CONCLUSION ..................................................................... ............................... APPENDIX A - 2006 and 2011 SYNCHRO OUTPUT Intersection Level of Service at: Consumers Drive /Westmorland Road - CAA driveway/Westmorland Road Depot Court/Westmorland Road Retail Drive/Westmorland Road APPENDIX B - Horizon Development Ltd. Eastmount Area Traffic Study (the "August, 2005 Traffic Study ") APPENDIX C - Addendum to: Horizon Development Ltd. Eastmount Area Traffic Study (the "January, 2006 Traffic Study ") ADI Quality System Checks 4 .............. Date: 2006-Feb-09 5 .............. Revision No.: 0 6 .............4 ..........4... 9 ADI Quality System Checks Project No.: (55) 4159.006.1 Date: 2006-Feb-09 Issue Status: DRAFT Revision No.: 0 Prepared By: Holyoke Reviewed By: 9 ym K&O (/Y( ,1 Eastmount Area Development Site -Access and Traffic Study. Horizon Management Ltd. 1 1.0 INTRODUCTION Horizon Management Ltd. are in the process of developing their property in the Eastmount area of Saint John, situated on the north side of Westmorland Road, immediately west of the Canadian Automobile Association (CAA) office and the recently constructed Depot Court, opened in January, 2006. The proposed plans for the commercial development site have been ongoing and have evolved through this and the past year. 1.1 Study Purpose and Scope " This Study has been prepared in recognition of concerns express6d by the City of Saint John regarding traffic generated by the proposed development, and the current and future roadway infrastructure needs of the adjacent street network. This Study provides an update of previous traffic analyses in light of the advancement of the Eastmount area project, currently proposed by Horizon Management Ltd., and in consultation with -City Planning and Engineering staff. Figure 1 shows the general location of the Eastmount area in East Saint John. This traffic study is focussed on the initial development of a portion of the entire proposed Eastmount area commercial site to be accessed by a segment of the new street, Retail Drive, from Westmorland Road. Figure 2 presents the preliminary site plan by Horizon Management Ltd. for the entire site. The proposed initial development of the Eastmount area will include Site 2 and Site 3 only. This initial development will be accessed from Westmorland Road by Retail Drive extended to the first entrance located between Site 2 and Site 3. Westmorland Road will be upgraded to four lanes from the Canadian Tire driveway to Retail Drive. 1.2 Study Background This Study is the third traffic study of the proposed Eastmount area commercial development prepared for Horizon Management Ltd. to address the City's concerns with traffic demand of the area. The first Study was completed in August, 2005. It was focussed on traffic assessment of three planned phases of development at the Eastmount area site. The first phase was the recently completed site accessed by Depot Court from Westmorland Road that is partially occupied. The second and third phases include the property immediately west of the �c =v (55) 4159 -0061 P4 on»n Br. rte. EASTMOUNT AREA DEVELOPMENT 4159-006.1 �® ADI Umnea A IM SITE ACCESS AND TRAFFIC STUDY NB,CMi101 $WIUMN `'�` Qv� En*0 C .NUUw�w1 r4 Emodm FIGURE plmwY PROJECT LOCATION D*Ww" Dr. AW Umfled 'b amw. .D WPfiuNl��Gli� � I�S7w1ill�.. 1 f, MAM �. rr 4 OP a' r777 - 'C3 Y N i 41 �^ 3 f r Pti i g H 1'q F tl r f ot amw. .D WPfiuNl��Gli� � I�S7w1ill�.. 1 f, MAM �. rr 4 OP r777 - ot I Eastmount Area Development Site - Access and Traffic Study Horizon Management Ltd. 2 Depot Court site, as shown in Figure 2. A number of changes have occurred since the August, 2005 traffic study, which have prompted this study. This analysis has taken into consideration the current development plans, which include the upgrade of Westmorland Avenue to four lanes, as well as the City's desire to maintain a traffic level of service of LOS C at a new signalized Retail Drive /Westmorland Road intersection and rationalization of the existing adjacent signalized intersections. 13 Report Format This report includes the results of the traffic analysis conducted in February, 2006, using the current development plans of Horizon Management Ltd. It also includes the previous two traffic studieg•prepared for Horizon Management Ltd. under one cover as appendices. Appendix A presents the computer output of the level of services analyses, as presented in the ensuing sections of this report. Appendix B provides the draft August, 2005, report, entitled: Horizon Development Eastmount Area Traffic'Study. The August, 2005 draft report was submitted to the City for review and comment. It has been superseded by the results of this report, but has been retained in this document as an appendix due to its information value, albeit somewhat out of date. Due to the changes to the Eastmount area site development plans, some revisions have been subsequently made to the August, 2005 document to avoid confusion. Notably, the site plan drawing has been replaced. In addition, the cost estimates of construction of Retail Drive to its future completion have been revised. The August, 2005 Study recommended that Westmorland Road be upgraded to four lanes from the Canadian Tire driveway, where the four lane portion of Westmorland Avenue from Consumers Drive westward terminates, and extend the four lanes to the proposed Retail Drive. The purpose of this capacity upgrade of Westmorland Road was to accommodate the present and future traffic demands of the Eastmount area development, as well as the McAllister Drive and Westmorland Road commercial area of East Saint John. Appendix C provides the draft January, 2006 report entitled Addendum to: Horizon Development Eastmount Area Traffic Study. The January, 2006 Study was prepared to establish traffic patterns and determine the extent to which traffic will be diverted from the affected sections of Rothesay Avenue, McAllister Drive, and Westmorland Road upon completion of construction of Retail Drive from Westmorland Road to Rothesay Avenue. The City of Saint John traffic simulation model was updated for the area and �' (35) 41.19 -006.1 Eastmount Area Development Site - Access and Traffic Study Horizon Management Lid. 3 used to project the traffic changes with the construction of Retail Drive. It was found that the Retail Drive connection from Westmorland Road through to Rothesay Avenue would divert as much as 25 to 30% of the traffic from presently congested sections of Rothesay Avenue, McAllister Drive, and Westmorland Road in the area. The analyses and conclusions of this report are a culmination of the findings of the two background traffic studies, as provided in Appendix B and Appendix C, updated to coincide with the most recent plans of Horizon Management Ltd. for the Eastmount area development, and the subsequent directions received from staff of the City of Saint John on this matter. M �' .� (55) 4159 -006.1 Eastmount Area Development Site - Access and Traffic Study Horizon Management Ltd. 4 2.0 INITIAL DEVELOPMENT PLAN Figure 2 above, presents the site plan for the entire Eastmount area commercial /retail development proposed by Horizon Management upon its completion. At this initial stage of the Eastmount area development, plans are to develop the first two sites, Site 2 and Site 3, that are located immediately north of Westmorland Road, as shown in Figure 2. Initial plans include the construction of about 175 m of Retail Drive from Westmorland Road to the common entrance located between Site 2. and Site 3, i.e., the first on -site entrance shown in Figure 2. In addition to the construction of Retail Drive, the initial phase of the Eastmount area development includes the reconstruction of Westmorland Road upgraded to four lanes from the Canadian Tire driveway to the Retail Drive intersection, as was recommended in the August, 2005 Traffic Study. Preliminary plans are to have Sites 2 and 3 accommodate retail apparel (Site 2) and general retail (Site 3) businesses. This would make available approximately 17,000 mZ of retail floor space from this initial site development. �c I / �1• i— V (5M) 4159 -006.1 Eastmount Area Development Site - Access and Traffic Study Horizon Management Ltd. 5 3.0 TRAFFIC GENERATION The initial phase of development will result in traffic entering and exiting the site on a daily basis. Some of this traffic will be new traffic to the area, some will be diverted from other commercial sites in the area, while some will be from pass -by traffic that will take an intermediate stop along an otherwise trip by the site. The overall effect is that while all of the traffic generated by the retail development will be accessed from Retail Drive, not all of it will be additional to the adjacent street network. The Institute of Traffic engineers, ITE Trip Generation Manual, provides trip generation rates for a variety of developments that have been calculated based on numerous studies conducted at existing locations throughout North America. Based on the size of and types proposed developments on Sites 2 and 3 of the Eastmount development area, it was determined that Site 2 would generate 7500 one -way trips (3800 in and 3800 out) per day. Site 3 would generate a total of 3500 one -way trips (1750 in and 1750 out) per day. Site 2 will generate 440 one -way trips (220/220) and Site 3 will generate 290 one -way trips (143/147) during the evening peak hour when weekday traffic levels are the highest. In combination, both Sites 2 and 3 will generate 730 one -way trips (363 in/367 out) during the weekday evening peak hour. All of this traffic will enter and exit through the Retail Drive/Westmorland Road intersection during the initial stage of the Eastmount area development. G �C (55) 4159 -006.1 Eastmount Area Development Site - Access and Traffic Study Horizon Management Ltd. 6 4.0 TRAFFIC LEVEL OF SERVICE The level or quality of performance of an intersection in terms of traffic movement is determined by a level of service (LOS) analysis. LOS for intersections is defined in terms of delay, which is a composite measure of driver discomfort and frustration, fuel consumption, and increased travel time. In urban areas, intersections are generally evaluated to determine the efficiency of the street system because intersections and their traffic control measures significantly influence traffic circulation during peak °travel periods. The levels of service of intersections and their specific turning movements determine the measure of effectiveness for urban street infrastructure. LOS criteria are stated in terms of average control delay per vehicle, which includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. LOS A describes an intersection approach with a very low control delay of up to ten seconds per vehicle. On the other hand, LOS F describes an intersection with control delay greater than 80 seconds (signalized intersections), which is considered unacceptable by most drivers. At a recent meeting held with City staff it was pointed out that in the City of Saint John Municipal Plan a LOS C or better is considered appropriate for traffic network design planning. So LOS C has been the target of this traffic analysis. LOS C affords average delays at intersections of between 20.0 and 35.0 seconds per vehicle. This traffic analysis has taken a number of circumstances into consideration. They include: • That only Site 2 and Site 3 of the Eastmount area development plan will be completed during the initial development phase; • That Retail Drive will be constructed during this initial development phase to serve only Site 2 and Site 3 of the Eastmount area development plan; • That Westmorland Road will be upgraded to four lanes from the Canadian Tire driveway to Retail Drive, with a 100 m separated lefl turn lane constructed on Westmorland Road at the west intersection approach to Retail Drive; • That the existing signal lights at the Westmorland Road intersections at'Consumer Drive, the CAA driveway and Depot Court will be retained; G �C (55) 4159 -006.1 Eastmount Area Development Site - Access and Traffic Study 7 Horizon Management Ltd. • That signals will be installed at the intersection of Retail Drive on Westmorland Road; and • That LOS C, as prescribed by the City of Saint John, is both an acceptable traffic level of service and a sufficient traffic network design to meet traffic demand. The identification of existing traffic conditions provide a basis for comparing the impacts associated with additional traffic which will be generated by the proposed development. The Eastmount area development is planned to be a retail /commercial shopping cluster. As such, it will attract traffic daily after the morning work trip peak period. Therefore, the level of service analyses of the Eastmount area have been completed for the evening peak travel period when existing and generated traffic will be highest. The procedures documented in the "Highway Capacity Manual - Special Report 209, 2000 Update" have been utilized to evaluate level of service for the intersections. These procedures are accepted by provincial and municipal agencies throughout North America. The Synchro 6 traffic model has been used to determine the levels of service experienced at the signalized intersections along afour -lane Westmorland Road at Consumers Drive, the CAA driveway and Depot Court, as well as the proposed Retail Drive. Table 1 presents a summary of the level of service results in 2006 and projected to 2011 to serve the initial phase, Sites 2 and 3, of the Eastmount area development. The overall intersection levels of service are presented along with the lowest level of service turning movement at each intersection, All four of the Westmorland Road intersections would have an overall LOS C, or better in 2006, which would continue through to 2011. No turning movements within each intersection would be below LOS D in 2006 upon completion of the Westmorland Road upgrade to four lanes and Retail Drive constructed to serve Site 2 and Site 3 of Eastmount area development. It is important to note that not only the planned upgrade Westmorland Road to four lanes provide good LOS C traffic flow conditions at the other xisting intteerse tioons at Consumers Drive, theaCAA drivoeway, and Depot Court. lthe Eastmount area Drive intersection, but will Appendix A contains the detailed traffic and levels of service of all intersection turning movements for each of four signalized Westmorland Road intersections with the proposed initial development and Westmorland Road upgraded to four lanes computed for 2006 and for the projected 2011 traffic levels. °° (55) 4159 -006.1 r1"`'�, J JJ 21 l Eastmount Area Development Site - Access and Tragic Study ,Horizon Management Ltd. 8 Table 1 Summary of Level of Service Analysis • PM Peak Hour � � (55) 4159 -006.1 i 2006 LOS 2011 LOS Intersection Site 2 Site 2& 3 Site 2 Site 2& 3 Westmorland Road/Consumers Drive - Overall Intersection LOS C, 31.6 sec LOS C, 31.6 sec LOS C, 33.3 sec LOS C, 34.9 sec - Lowest Turn Movement LOS D, 39.7 sec LOS D, 39.7 sec LOS D, 47.9 sec LOS D, 44.9 sec Westmorland Road/CAA Driveway - Overall Intersection LOS A, 1.4 sec LOS A, 1.4 sec LOS A, 0.9 sec LOS A, 1.6 sec - Lowest Turn Movement LOS D, 49.5 sec LOS D, 49.5 sec LOS D, 44.5 sec LOS D, 49.5 sec Westmorland Road/Depot Court - Overall Intersection LOS B, 19.2 sec LOS C, 27.5 sec LOS C, 24.2 sec LOS C, 33.7 sec - Lowest Turn Movement LOS D, 47.5 sec LOS D, 47.5 sec LOS D, 50.6 sec LOS E, 71.1 sec Westmorland Road/Retail Drive - Overall Intersection LOS A, 4.1 sec LOS A, 8.2 sec LOS A, 4.5 sec LOS B, 13.8 sec - Lowest Turn Movement LOS D, 43.0 sec I LOS D, 42.6 sec LOS D, 38.3 sec LOS D, 42.6 sec � � (55) 4159 -006.1 i r f Eastmount Area Development Site - Access and Traffic Study Horizon Management Ltd. 9 5.0 CONCLUSION The initial commercial development of the Eastmount area is proposed by Horizon Management Ltd. to include Site 2 and Site 3 (see Figure 2), a Retail Drive connection to Sites 2 and 3 from Westmorland Road, and Westmorland Road upgraded to four lanes from the Canadian Tire driveway to Retail Drive. LOS C, or better, will result at each of the four signalized intersections -- at Consumers Drive, the CAA driveway, Depot Court and the new Retail Drive. These LOS C levels of service traffic conditions would extend through the next five years to 2011. This meets the level of service and planning design standards set by the City of Saint John. V G ^-C tom' ✓rte (55) 4159 -006.1 APPENDIX B: Eastmount Development Area Traffic Study Horizon Management Ltd. ADI Limited Report: (55) 4159 -006.1 Draft Date: August 2005 Revised: February, 2006 ST b4ANAGED `" CONIPANIE, APPENDIX B 15 Eastmount Area Development Traffic Study - Horizon Management Ltd. 4.0 SUMMARY OF TRAFFIC IMPACTS In summary, development of the second phase of the Eastmount area is planned to begin in 2006. • In the initial stage of the second phase of development access will require only a modest upgrade of Westmorland Road to provide satisfactory levels of service along Westmorland Road. This will include the addition of a 100 to left turn eastbound lane from the Loch Lomond Road direction into Retail Drive. Traffic signals will be required, and installed to accommodate the ensuing upgrade of Westmorland Road. In the opposite direction a shared through and right turn westbound lane into the site will be sufficient. Retail Drive would be constructed to serve the initial site access points of the second development phase only. • Completion of initial stages of the second phase of the Eastmount area will exceed the maximum development limits of 200,000 sq. ft. floor area placed on the Eastmount area development by the City of Saint John. This matter will have to be addressed. • Completion of the second stage of the second phase of development, the "Big Box'' retail anchor store, will generate traffic volumes that will necessitate further upgrading of Westmorland Road. This will require the addition of a westbound through lane at the approach to Retail Drive. This is in addition to the existing shared westbound through and right turn lane. • Although upon completion of second stage of the second phase the overall intersection of Retail Drive at Westmorland Road will provide service flow along Westmorland Road, it will create unacceptable delays on the left turn movements in and out of the site. Furthermore, the Retail Drive /Westmorland Road intersection will drop to LOS E. • Completion of the second phase of the Eastmount area development will trigger the need to extend Retail Drive through Marlborough Avenue to provide an alternate access to the development via Marlborough to Rothesay Avenue. • In addition to extending Retail Drive to connect to Marlborough Drive, completion of both phases of the Eastmount area development will require the upgrade of Westmorland Road with a shared through and right turn lane and a separate through ' 2%� (55) 4159 -006.1 I I APPENDLYB Eastmount Area Development Traffic Study - Horizon Management Ltd. 16 lane in the westbound direction, as well as a shared eastbound through and left turn lane and a separate through lane in the eastbound direction by 2011. • Due to the very short distances between the signalized intersections along Westmorland Road (i.e., the existing Consumers Drive, CAA and Depot Court intersections, and the planned Retail Drive intersection), Westmorland Road should be upgraded to four lanes from the Canadian Tire Driveway through to the Retail Drive prior to 2011. This is shown in Figure 7. • It is recommended that sufficient ROW be reserved for the traffic generated by the site developments and other to travel from Rothesay Avenue to Westmorland Marlborough Avenue will need to be constructed with direction, to provide sufficient capacity for the site g traffic (see Figure 7). Retail Drive to accommodate through traffic that will use it Road. Retail Drive and four lanes, two lanes in each :nerated and through passing • The turning radius of the first turn along Retail Drive will need to be increased to 28 in ter accommodate tractor - trailers. The grade from the turn at the northeast corner of the third phase of the development down to Marlborough Avenue should be kept to a minimum and not exceed 8 %. • No further construction will be required on Rothesay Avenue at Marlborough Avenue, but the existing traffic signal controllers and equipment should be upgraded to permit an advanced left turn. L��J® (55) 4159 -006.1 APPENDIX B Eastmount Area Development Traffic Study - Horizon Management Ltd. 1 5.0 STREET AND ACCESS CONSTRUCTION COSTS Probable construction costs have been estimated by ADI Limited for the four -lane upgrade of Westmorland Road from the Canadian Tire driveway to 150 in west of the planned location of the Retail Drive / Westmorland Road intersection. In addition, Terrain Group Inc. has estimated the probable costs to construct Retail Drive from Westmorland Road to Rothesay Avenue, including reconstruction of Marlborough Avenue. These cost estimates are provided in the ensuing sections. 5.1 Westmorland Road Upgrade Costs Description: Widen Westmorland Road to four 3.5 in wide paved lanes from Canadian Tire driveway to 100 in south of Retail Drive, a distance of 431 m. Curb, gutter, and sidewalks both sides Storm manholes and catch basins tied into existing storm sewers Traffic signal pole base relocations at CAA and Depot Court intersections Probable Cost Estimates: Roadway and drainage: $760,000 Signal pole base relocations: $ 20.000 Total (not including HST): $780,000 5.2 Retail Drive Construction Costs Description: The estimated costs for the construction of Retail Drive from Westmorland Road to Rothesay Avenue are as follow. Note the cost estimates include the cost of construction of underground municipal services (watermain, sewer and sanitary sewers) street construction (grave, asphalt, curbs, sidewalk, etc.) and„ other utilities including underground electrical and communications infrastructure, street lights, etc. =F (55) 4159 -006.1 APPENDIX B Eastmount Area Development Traffic Study - Horizon Management Ltd. 18 Probable Cost Estimates: Street Construction of Retail Drive: $593929000 (Westmorland Road to Marlborough Avenue) Municipal services: 1 $9592000 Electrical and Communications: $550,000 Street Lighting: $155, 000 Traffic Lights: $330)000 Roadway (excavation, gravel, paving, curbs, etc): $3,398,000 Reconstruction of Marlborough Avenue to Rothesay Avenue: $200,000 Survey, design and inspection: $75000 Total (including HST): $6,342,000 �c Lr� =iu (55) 4159 -006.1 APPENDIX C Addendum to Eastmount Area Development Traffic Study Horizon Management Ltd. ADI Limited Report: (55) 4159= 006.112.01 Date: January, 2006 Revised: February, 2006 APPENDIX Cl Addendum to Eastmount Area Development Tragic Study - Horizon Management Ltd. 6 1 4.0 CONCLUSION iJ I J H F I I I From the analyses of the predicted traffic impacts of constructing Retail Drive to provide a direct connection between Rothesay Avenue and Westmorland Road, as described in Section 3.0 above, it is concluded that Retail Drive will not only provide alternate access to the Home Depot and the proposed Eastmount area commercial developments, but would also serve as a major connector street and route in the East Saint John commercial area. As such, Retail Drive would divert substantial volumes of traffic from affected sections of McAllister Drive and Rothesay Avenue within the East Saint John commercial area, 091_. vvu (55) 4159- 006112.01 Sr Re: Proposed development at 336 Westmorland Road I live at 165 Westmorland Road and am writing to express my objections to the proposed rezoning that would allow a new development beside Home Depot. The proposal calls for a new road to be built onto Westmorland Road further up the hill towards Ellerdale Street. This is a further encroachment along Westmorland Road which is designated a no truck route eastbound from the entrance to Home Depot all the way to Loch Lomand Road. I would remind you that there are something like 80 homes along Westmorland Road, many built close to the street itself. I question whether this new roadway which would be an entrance to the proposed development would render Westmorland Road's no truck designation meaningless. I object strenuously to that new entranceway because it has been such a battle and taken.such a long time to get many of the trucks off Westmorland Road. The traffic volume along Westmorland Road is already too great for a two lane residential street made worse by the trucks which ignore the law and still use the street to make their deliveries to the malls at the bottom of the hill. The physical state of Westmorland Road itself is deteriorating because of the volume of traffic. The city has succeeded in diverting traffic from where it should be going along Rothesay Avenue down Westmorland Road. The city haS to come up with a solution that will get most of the traffic, especially truck traffic, onto Rothesay Avenue. I'm sure the businesses along Rothesay Avenue would welcome this as well. I do support the second access road from Rothesay Avenue into the mall area as long as it has connections to Consumers Drive, Home Depot and the proposed new development. I would also resquest that if the Planning Advisory Committee approves the rezoning to allow this new development to proceed, it stipulates that no dump trucks be allowed to use Westmorland Road during construction. When those trucks pass your house, it feels as if they're literally shaking the foundation and, once again, Westmorland Road where the homes are located is a NO TRUCK route. I am also concerned about the proximity of this new development to Fernhill Cemetery which is of historical significance. The cemetery happens to be the only green space left in East Saint John and people use Fernhill as a park for walking and exercising their dogs. Having a mega mall so close to a place of reflection and contemplating somehow cheapens it. (over) Cutting away all the trees and vegetation to make way for Home Depot didn't improve the landscape.It looks as if the land has been clear cut and scarred. Common sense dictates it certainly won't help with the drainage or stem the runoff in a flood plain. More trees and more vegetation will be stripped away if this new development goes ahead. This can only make the situation worse. Yours truly, Brian McLain 165 Westmorland Road, Saint John, New Brunswick E2J 2E8 24 Oakland Street Saint John, New Brunswick E2J 2Pa March 10, 2006 Planning and Development City of Saint John P.O. Box/C.P. 1971 Saint John, New Brunswick/N. -B. Canada E2L 4L1 Dear Sir or Madam: ROP• Re: Proposed Municipal Plan Amendment, Rezoning and Subdivision for Commercial Development 336 Westmorland Road This is a request to the Planning Advisory Committee to have an Air Impact Assessment done. The reason for the request is not that I have a concern about the development itself, my concern is for my 9 year old little boy who has sever allergies. The air quality greatly affects his breathing and I would just wish to safeguard my child. My concern is not just during the construction phase but it is also for afterwards as the proposed parking lots are not that far from my residence and will continue to be a cause of concern after the development is be complete. I would like to thank the Committee in advance for a prompt resolution to this concern. Sincerely, Ms. Jacqueline Beck RECEIVED "BAR 10 2006 9PSAPZV � & D11Ir RECEIVED �.0. Cadillac Fairview 00 MAR 17 2006 y' Memorandum to Planning Advisory Committee ��r City of Saint John NQF'SAiN`t S PO Box 1971 Saint John, New Brunswick E2L 4L 1 To: Randall G. Pollock, MCIP and Members of Planning Advisory Committee From: The Cadillac Fairview Corporation Limited Re: Proposed Retail Development, Horizon Management Limited In response to the recent application made by Horizon Management Limited (Horizon) for an amendment to the Municipal Plan and Zoning By -law, to accommodate the development of a 600,000- square -foot shopping centre, The Cadillac Fairview Corporation Limited wishes to present its comments to the Planning Advisory Committee. This memo demonstrates why the proposal should be given closer examination and we urge the Planning Advisory Committee to consider this development opportunity with the future in mind. Market base and customer traffic We have reviewed the Market Impact Statement prepared by ADI Limited for Horizon and we have some reservations about certain inferences drawn here. Primarily, the ADI statement asserts that the proposed Horizon development will complement the surrounding commercial area and that it will further enhance the immediate environs as a major retail hub for Saint John. Our issues with this claim are twofold: First, the statement acknowledges that Saint John has experienced a population decline of 2.4 percent since 1996, indicating that the customer base for existing retail is eroding. Considering this decline, how can expansive new retail in an already competitive market be absorbed? Second, existing retail developments in the area are already experiencing some performance lag. Consider Plazacorp's McAllister Drive Plaza, which has never been fully leased. Moreover, McAllister Place has experienced a slowdown in customer traffic and sales levels in recent years. For example, since the Westmorland Power Centre opened, McAllister Place has felt the repercussions through the loss of traffic and sales and we have struggled to bring these levels up ever since. The Cadillac Fairview Corporation Limited McAllister Place. 519 Westmorland Road, Saint John, N.B. EV 3W9 Financial impact The financial impact that will be felt by Cadillac Fairview should be weighed in association with the fact that McAllister Place is one of the largest commercial taxpayers in Saint John. Unfettered development in what is essentially our backyard forces our company to closely evaluate future redevelopments of the shopping centre and potentially compromises our strategy to carry out any net new development on the property. The mall has experienced significant impact as a result of the recent developments in the area over the past few years. We would ask the City to consider that lagging sales and reduced mall occupancy will continue to affect the City's tax base because overall realty assessments are down. Real impact on job generation in Saint John The ADI Statement implies that the proposed Horizon development will add valuable jobs to the local economy. The real benefits, vis -a -vis job creation for Saint John, are somewhat illusory. The actual amount of new jobs created does not represent a significant net increment in employment. The reality is that the retail sector will likely experience a displacement of retail jobs from existing centres. The ADI Statement makes note of the importance of retail jobs to the City's economy. We contend that new jobs created in this category would be best absorbed within the already existing retail presence in other areas of the City. Furthermore, while retail employment is important, we encourage the Planning Advisory Committee to consider Mayor Norm McFarlane's State of the City address in January 2006. In his remarks, the mayor refers to "True Growth" and attracting people to our community to enhance and grow the base population of Saint John. Overcoming this growth challenge cannot be done without repatriation, retaining and creating a positive environment for business. We contend that further saturation of one labour category (retail) impedes the creation and sustainability of more knowledge - intensive jobs in the manufacturing and resource sectors, and thus adversely affects the long term prosperity of the trade area. Traffic impact The Horizon proposal has not looked closely enough at the traffic implications of the development. Transportation thresholds have not been satisfied and there is a lack of consensus on what the necessary traffic infrastructure improvements need to be (and who should pay for them). It is our contention that the cost of any unplanned traffic infrastructure improvements should be the sole responsibility of Horizon, as opposed to the taxpayers of Saint John. Additionally, the implementation of planned traffic infrastructure improvements elsewhere in the City should not be delayed or prejudiced by the implementation of unplanned improvements necessitated by the Horizon proposal. Conclusion Since its inception, McAllister Place has enjoyed a strong position as southern New Brunswick's premier shopping destination. We are proud that Saint John residents consider McAllister Place to be their primary shopping destination. Our popularity is based on a multitude of factors such as the enclosed and comfortable atmosphere, large number of stores, a wide variety of merchandise, helpful centre staff and unique customer - focused amenities. While this position is good for our company, we believe it is also good for the surrounding community. Cadillac Fairview sees a positive and strong trade area in Saint John and this gives us a compelling reason to constantly update and rejuvenate the tenant mix. In order to maintain this confidence, we encourage the Planning Advisory Committee to consider caveats on the proposed Horizon development. We respect Horizon's ability to run a successful development program in Saint John and we do not wish to impede their progress. However, we are asking the Planning Advisory Committee to place restrictions on the scope and type of retail introduced into the proposed centre. We want the Planning Advisory Committee to limit Horizon's zoning potential to large format retail only. We believe that this type of retail is complementary to our existing centre. Furthermore, this will ensure that unfair competition and "category killers" do not affect the sustainable success of our McAllister Place retailers. We want to remain the fashion destination and therefore, large format retail will not have an adverse impact on our fashion tenants. We thank you for considering our issues with this proposal.. We appreciate the continued opportunity for dialogue on this matter. Yours sincerely, Brian MacMu lin General Manager McAllister Place March 16, 2006 Planning Advisory Committee c/o Planning Department City of Saint John l Ot Floor, City Hall Members of the Planning Advisory Committee: RECEIVED MAR 16 2W6 i jt'+' I wish to protest the proposed rezoning of portions of the Eastmount Subdivision. Our community of Eastmount has been in existence for approximately 80 years. We are not a large subdivision; there are 25 homes of which 22 are single family. We are not a transient neighbourhood. I've lived in my home since 1961 and have neighbours who have lived here for 20, 30,40 and 60 years. Many residents have raised their families here and are now retired. The neighbourhood is a mix of families with young children (the City donated land for a young Habitat for Humanity family in the late 1990's), empty nesters and retirees. Moving would create an emotional and financial hardship for most. We enjoy our area because it is peaceful. We are right in the City but feel we are almost in the country. We are close to the Uptown area and are on a good bus route. Our neighbourhood has been through some major changes in the last 10 -15 years. Behind my house, between Oakland Street and Rothesay Avenue, there is a 400 foot long wooden fence blocking view of a new car dealership. There are hundreds of dumpsters separated by a chain link fence behind the homes on the other end of Oakland Street. We are now bordered on three sides by Industrial land use and have had problems with our corporate neighbours with Unsightly Premises, Hours of Operation, etc. We feel we are being pushed out of our neighbourhood. Please do not allow this step in the process of developing a shopping centre in our front and back yards. There is ample land available on Consumers Drive/MacAllister Drive that was developed for this purpose at great expense. This site is much more accessible than the proposed site. The land on Consumers Drive is bordered by the 4 lane expansion to McAllister Drive done a few years ago and the creation of Consumers Drive between Westmorland and Loch Lomond Roads. I am concerned that our neighbourhood will become a through fare for heavy traffic (including trucks) if Marlborough Avenue is extended through to Westmorland Road and connected to the Throughway in the future. We have 8 -10 school buses a day passing through our neighbourhood and a playground that is used daily by children in the Eastmount Subdivision and children of the Morland Trailer Park. The school bus stop and a day care are located at the corner of Oakland and Marlborough Streets. As well, with the permanent closure of McLean Street, Marlborough Avenue will be used by hundreds each day as a short cut. The recent addition of many new businesses to the Parkway Mall area has resulted in many serious traffic accidents in the past 4 to 5 years and I am concerned about the possibility of serious car and /or pedestrian accidents if Marlborough Avenue were to become an access road. We went through a summer of major blasting last year, heavy truck traffic and do not want this repeated. Many residents believe there were damages to their homes due to the blasting. There are many natural springs in this area that will be diverted by blasting and construction which may cause the residents more water problems. As you know; portions of the subdivision are in the Flood Risk Area. I am concerned with light pollution from the parking lots. There will be snow plowing done throughout the winter for large parking lots which will interrupt our sleep. These lots will be plowed at night to ensure they are cleared for customers each morning. We expect there will be dumpsters emptied in the early morning hours. I am currently awoken by the emptying of dumpsters at 5 -6:00 a.m. at the car dealership behind by home each week. There is a possibility of strip malls with licensed restaurants and bars opening in the future and we fear for our safety with unruly customers and late night traffic. Please do not recommend this rezoning to Council. I hope you can understand our concerns. We will be surrounded on all sizes by Industrial and Shopping Centre uses. Think of it this way: if the situation were reversed and the shopping malls were already on the hill and the businesses of Mr. Dumpster, Westmorland Homes, King Mazda, King Collision, Leon's, Apple Auto Glass, etc, were surrounding Oakland Street and our area was vacant, how many people would choose to build and live on Oakland Street? Would you? Thank you for your consideration, Debbie McKinnon e 0) Maritimes Auto Club Travel Agency Auto & Home Insurance 378 Westmorland Road Saint John, N.B. E2J 2G4 Tel:,(506) 634-1 400 Fax: t506) 653 -9500 March 20, 2006 Mr. Randall G. Pollock Planner The City of Saint John Planning and Development P.O. Box 1971 Saint John, NB E2L 41.1 Dear Mr. Pollock: �� NECEIVEp LQ a MAR 20 2006 Re: Proposed Municipal Plan Amendment, Rezoning and Subdivision For Commercial Development -336 Westmorland Road Pursuant to your letter of February 28, 2006, thank you for providing an opportunity for CAA Maritimes to submit our views concerning the application for amendments to the Municipal Plan and Zoning Bylaw related to the proposed commercial development at 336 Westmorland Road. CAA Maritimes does not oppose the proposed development providing the following. conditions are met: 1. In 2002, CAA Maritimes made the decision to build its new Corporate Headquarters at our present location at 378 Westmorland Road based on a number of factors. Chief among those considerations was that our staff and Members would have safe and convenient ingress and egress from our property to Westmorland Road via a signal - controlled intersection. Our support for the to /from our property to Westmorland Road. 2. A widening of Westmorland Road to four lanes, up the hill, at least to the south- western limit of the proposed development (including proper sidewalks, etc.). 3. The construction of a major four -lane arterial road from Westmorland Road to Rothesay Avenue and ideally all the way to the highway. This road needs to incorporate all contemporary road design and traffic engineering technologies including right and left turn lanes, computer- coordinated traffic signals, intersections with proper turning radius for buses and transport trucks, etc. Please do not hesitate to contact us if we can provide additional information. Y rs truly, teve McCall President & CEO /sw PROPOSED MUNICIPAL PLAN AMENDMENT RE: 310 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Regional Centre, the following property: A parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 26, 2006. Enquiries may be made at the office of the Common Clerk or 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 310, CHEMIN WESTMORLAND Avis public est donne, par la prdsente, que le conseil communal de The City of Saint John a ('intention d'etudier la modification du plan d'amenagement municipal afin de faire passer la designation du lot suivant dans I'annexe 2 -A du plan de zone residentielle de faible densite a zone de centre regional: une parcelle de terrain d'une superficie d'environ 7640 metres canes (1,9 acres), situee au 310, chemin Westmorland, et portant les NID 00320150 et 55160105. Line presentation publique du projet de modification aura lieu lots de la reunion ordinaire du conseil communal le lundi 27 mars 2006 dans la salle du conseil, an niveau du hall d'entree, a I'hotel de ville. RAISON DE LA MODIFICATION; Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de centre commercial SC ». Veuillez faire part au conseil par derit de vos objections an projet de modification an plus tard le 26 fevrier 2006 a I'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal on le bureau de l'urbanisme et du developpement a 1'hotel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 310 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Regional Centre, the following property: A parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 26, 2006. Enquiries may be made at the office of the Common Clerk or 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 310, CHEMIN WESTMORLAND Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ('intention d'etudier la modification du plan d'amenagement municipal afin de faire passer la designation du lot suivant dans 1'annexe 2 -A du plan de zone residentielle de faible densite a zone de centre regional; une parcelle de terrain dune superficie d'environ 7640 metres carres (1,9 acres), situee au 310, chemin Westmorland, et portant les NID 00320150 et 55160105. Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 27 mars 2006 dans la salle du conseil, au niveau du hall d'entree, a I'hotel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de centre commercial a SC n. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus lard le 26 f6vrier2006 a 1'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal on le bureau de I'urbanisme et du developpement a I'hotel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. J. Patrick Woods, Greffier communal 6582862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506 ) 658 -2862 Fax: 506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 14, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Call to Action: IN Contact: Public Notice Telephone: (506) 658 -2862 Sub - Headline if applicable); Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Sent By: CITY SAINT JOHN; 6582837; Mar -2 -06 2:21PM; Page 4/5 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a ParretiE sur le nonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant /Nom du demandeur d Mailing Address of applicant /,.A/ddresse postale du demandeur aX a/ X104 Postal Code / Code postal 4z/� % G i Telephone Number / Numdro de tdldphone Home / Domicile Work /Travail Fax Number/ Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) / %/"i 4 Address / Adresse 7P /o _Postal Code I Code postal: Property Information / Renseignements sur la propriktk 005,z0jj Q � /0/ Location/ Emplacement O 11e5- or4txd L SS 60 Civic # / No de voirie Street / Rue PiD / NIP // 1 Lot Area I Superficie du lot t7 r� r Street Frontage / Fagade sur rue f— /ZIP Existing Use of Property / Utilisation actuelle de la proprietd Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal 5�,,04L/ Ag 75 "r zt/ Present Zoning / Zonage actuel Amendments Requested / Modifications demandees Municipal Plan/ Plan municipal J hd Change Land Use Designation to / Modifier la ddsignation de ('utilisation des terres 0i P ire' / and /or / ou Text Amendment (indicate particulars on attachment) / Modification du toxic (indiquez les ddtails on annexe) Zoning By -law/ Arrdtd sur le Zonage n 1/ Change Zoning to / Modification du zonage 8 / „/ 0 �' L__ P z and /or / ou / / ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) Sent By: CITY SAINT JOHN; 6582837; Mar -2 -06 2 :21PM; Page 5/5 Development Proposal l Proposition d'amenagement Description of Proposal / de Is proposition You must provide a scaled site plan that illustrates your proposal, You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions ofthe property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a t'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et route outre forme de renseignement. Le plan du site doit indiquer les dimensions de la propriete, !'emplacement de la totalite des bdaments, des allees, des areas de stationnement, des amenagements paysagers Of des panneaux de signalisation. 11 est important d'indiquer to distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient etre aonrouvdcs. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement mncernant votre proposition qui pourrait etre utile. Signature of Applicant / Signature du demandeur Date o $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 S Ifyou are not the owner of the land in question Si vous n etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez oblenir la signature du proprietaire dons la partie the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le required for consideration by Common Council. troitement de la presente demande ear require pour que cette dernicre soil examinee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Date O� d� sT. v,, P t �PMENT ! URBANISME E pt\/ELOPPEMENT PLANNING AND DE� r•.�y v. A,°4 or One Bmnswal; Square Tel 506 632-8900 Sule1500 Fax 506 632-8809 r, 0. Box 1324 lull Free 1 668 699 -7/46 Saint John, New Bnmswid www.pauersonpalmer.<a [A 4118 M® PATTERSON PAL1R March 3, 2006 James Baird Commissioner of Planning and Development City of Saint John 10th Floor City Hall Saint John NB Dear Mr. Baird: Raymond F. Glennie, Q.C. Direct: (506) 633 -2713 E -mail: rglennie @pattersonpalmer.ca RE: Application to Amend Municipal Plan and Zoning By -Law Horizon Management Limited — PID's 320150 and 55160105 (the "Properties) You have received an application from Horizon Management Ltd. to amend the Municipal Plan and Zoning By -law of the City of Saint John. Not all of the properties that are involved in this application are in the name of Horizon Management Ltd. Horizon Management Ltd. through one of its affiliated companies has entered into an agreement with Mrs. Sophie O'Brien, the owner of the Properties. The agreement states that Mrs. O'Brien authorizes Horizon to make application on behalf of Mrs. O'Brien to the City of Saint John "for the purpose of requesting amendments to the municipal plan (if required) and the zoning by -law so that the Property may be used for the purpose planned..." If you have any questions, please do not hesitate to call. Yours truly, PATTERSON PALMER Raymond F. Glennie, Q.C. RFG /mhm NOVA SCOTIA • NEW BRUNSWICK • NEWFOUNDLAND AND LABRADOR • PRINCE EDWARD ISLAND BY -LAW NUMBER C.P. 110 -8 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 680 square metres, located at 411 Cushing Street, also identified as being PID No. 00384784, from "R -1B" One Family Residential to "R -2" One and Two Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE No C.P. 110 -8 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrete le, dix -neuf (19) decembre 2005, est modifie par : 1 La modification de I'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 680 metres canes, situee au 411, rue Cushimg, et portant le NID 00384784, de zone residentielle — habitations unifamiliales <<R -lBn a zone residentielle — habitations unifamiliales et bifamiliales R -2 ». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 20061 avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 13, 2006 Premiere lecture - 13 mars 2006 Second Reading - March 13, 2006 Deuxieme lecture - 13 mars 2006 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of the City of Saint John Modifiant Annexe aA» du R&glement de zonage de The City of Saint John v . L a d� 171:'� �. 8Si 7 / \ j FROM /DE TO /A R -7 B -One Family Residential R -2 - One and Two Family Residential r6sidentielle- habitations unifamiliales r6sidentielle- habitations unifamiliales at bifamiliales Applicant: Thomas & Cathryn Cameron Location: 411 rue Cushing Street P I D(s) /NIP (s): 00384784 06N -76SE Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte Creee: March 23 mars, 2006 Recommended by P.A.C. /Recommand6 par le C.C.U.: March 17 mars, 2006 Enacted by CounciVApprouv& par le Conseil: Filed in Registry Office /Enregistr6 le: BY -LAW NUMBER C.P. 110 -9 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 located at 217- 225 Victoria Street, having an area of approximately 450 square metres, also identified as being PID No. 00375956 and 00375964, from "RM -1" Three Storey Multiple Residential and "RM -2" High Rise Multiple Residential to `B -2" General Business classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE No C.P. 110 -9 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a decrdtd ce qui suit : L'arr&6 sur le zonage de The City of Saint John, d6cr6t6 le dix -neuf (19) d6cembre 2005, est modif16 par : 1 La modification de I'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation dune parcelle de terrain situee au 217 -225, rue Victoria, d'une superficie approximative de 450 metres carres, identifies sous les NID 00375956 et 00375964, de zone d'ddifices A logements multiples de trois stages <<RM- 1» et zone de tours d'habitations a logements multiples <<RM -2>> a zone commerciale generale « B -2 » conformement A une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arr6te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6te le 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 13, 2006 Premiere lecture - 13 mars 2006 Second Reading - March 13, 2006 Deuxi6me lecture - 13 mars 2006 Third Reading - Troisie'me lecture - PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of the City of Saint John Modifiant Annexe «Au du R6glement de zonage de The City of Saint John �I I i Ii iI rue Newman St. CD - -- c — 1 CL CA -- - N rue Victoria St. FROM / DE TO / A RM -2 - High Rise Multiple Residential B -2 - General Business tours d'habitations b logements multiples Commerciale g6n6rale RM -1 -Three Storey Multiple B -2 - General Business Residential Edifices A logements multiples Commerciale g6n6rale de trois Stages Pursuant to a Resolution under Section 39 of the Community Planning Act * Conform6ment a une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi surl'urbanisme Applicant: Hughes Surveys & construction Inc. (on behalf of ONE Change Inc.) Location: 217 -225 rue Victoria Street PID(s) /NIP(s): 00375956 & 00375964 06N -78NE Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte Creee: March 23 mars, 2006 Recommended by P.A.C./Recommand6 par le C.C.U.: March 17 mars, 2006 Enacted by Council/Approuv4§ par le Conseil: Filed in Registry Office/Enregistre le: SECTION 39 CONDITIONS - 217 -225 VICTORIA STREET That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land located at 217 -225 Victoria Street, having an area of approximately 450 square metres, also identified as being PID No. 00375956 and 00375964, with a community policing satellite office and community outreach office be subject to the condition that the site is developed in accordance with a detailed site plan and building elevation plans, prepared by the proponent and subject to the approval of the Development Officer, and further that upon the rezoning of the parcel, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. March 22, 2006 Mayor Norm McFarlane and Common Council RE: Update on mobile sign enforcement As you, Your Worship, and my fellow Councillors remember, Council discussed, some months ago, the possibility of reinforcing our City's mobile sign requirements. The problem concerning mobile signs in our City was brought forward to Council by our own Planning Advisory Committee because of the rampant non - conforming use of these signs throughout the City. At our Council meeting of March 27, 2006, I would ask staff to give Common Council an update on where this item sits as to the enforcement of standards, the number of signs licensed before P.A.C. asked Council to look at this problem and the number now licensed. I would also ask, if staff has any perceived problems for the coming summer "mobile sign" season or if staff feels the need for Common Council to discuss the mobile sign issue again. Regards, Bill Farren Councillor i� SAINT JOHN March 17, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councillors, Re: PET — CT Challenge P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L1 www.saintjohn.ca Please find attached information regarding the PET /CT fund raising campaign being undertaken by the Saint John Regional Hospital Foundation. The project cost is $4.5 million. A presentation about the campaign is scheduled for April 10, 2006. The PET /CT will help ensure earlier and more precise diagnoses in many applications ranging from cancer and heart to Alzheimer's and Parkinson's. The AHSC and Province of New Brunswick have already contributed $500,000 each toward the purchase. I believe that given the significant benefits to the community, the City should participate in supporting this project. I therefore move that the City of Saint John provide $50,000 in the 2007 operating budget in support of the PET /CT capital campaign. Respectfully submitted, Christopher T. Titus Councillor Explore our past Explorez notre pa5s6 Discover your future 136couvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins Saint Johr Saint John Regional Hospital Foundation PET /CT Capital Campaign Question and Answer Sheet 1) What is the PET /CT scan? The PET /CT represents one of the biggest advances in medical technology in the past 50 years. The diagnostic scanner combines Positron Emission Tomography with Computed Tomography (PETlCT). Positron Emission Tomography (PET) is a medical technology that uses low -grade radioactive material that is injected into a patient's blood stream to study the function of an organ or tissue. The program will put Saint John Regional Hospital in the forefront of diagnostic capability and monitoring of treatment effectiveness. The 'PET /CT's vivid and highly precise images will help ensure earlier and more accurate diagnoses for New Brunswickers. 2) What does it do? The PET /CT has many applications ranging from cancer and heart to Alzheimer's and Parkinson's. For cancer studies, glucose is combined with the radioactive materials injected into a patient's blood stream to study a particular organ or tissue. The glucose concentrates in areas of high metabolism— cancer tumors. When a PET scan is completed any tumors shine brightly on the image. A PET scan combined with a CT scan further illustrates the tumor and the precise location shown in a very accurate image. The combined imaging allows a physician to examine the body for cancer, or to assess complex functioning in the heart, brain and other organs. 3) Will this piece of equipment enhance the hospital's treatment of cancer and heart disease? The PET /CT is not a piece of equipment. It is a program that will serve patients from oncology, cardiology and neurology. Saint John Regional Hospital is renowned for its quality of medical care. It is a center of excellence in the neurosciences, oncology, plastic surgery, pediatrics, diagnostic imaging, emergency medicine and pre - hospital care. It is New Brunswick's only fully accredited tertiary trauma centre and is the home of the New Brunswick heart centre. The hospital's educational partners include Dalhousie and Memorial University Medical Schools including residency training in 18 specialties. The Saint John Regional Hospital is New Brunswick's largest medical care facility (3030 staff and 280) physicians). For over a century Saint John Regional Hospital has been in the forefront of medical care. The opening of the PET /CT Program as a part of the hospital's cancer treatment program is consistent with this tradition and will extend the quality of medical care available to the people of New Brunswick. 4) How many PET /CT scanners are in use in Canada? There are 13 PET /CT scanners in use in hospital settings in Canada. 5) What are the long -term implications of the installation of a PET /CT program at Saint John Regional Hospital —in terms of patient care, attracting additional research funding, magnetizing top -notch health care professionals? The level of diagnostic precision available as a result of the PET /CT program will enhance treatment for both heart and cancer patients. Lives will be saved as a result of earlier and more accurate diagnoses and treatment. It is anticipated that the PET /CT will be used over 70 percent of the time for oncology purposes. PET /CT alters cancer treatment in 40 percent of cases. Its applicability for heart patients will greatly improve treatment options as well. For example, PET /CT images can help physicians for cardiac patients by identifying healthy heart tissue and helping determine the likelihood of restoring damaged heart tissue. Equally important is PET/CT's applicability for the treatment of Parkinson's and Alzheimer's. The PET /CT will also help position the hospital to attract top -notch health care professionals to the province. And, as a result of the PET /CT, Saint John Regional Hospital will be able to pursue a different level and magnitude of funding opportunities. 6) How will funds be raised to underwrite the cost of the PET /CT? Atlantic Health Sciences Corporation and the Province of New Brunswick have already contributed $500,000 each toward the purchase of PET /CT. Saint John Regional Hospital has formed a campaign cabinet, led by Chairman, Grant Brenan, and Kelly VanBuskirk, Dr. Michael Barry, Dr. Margot Burnell, Diane Ganong, John F. Irving, Dr. Eshwar Kumar, Dr. Rachel Morehouse, Dore Nicinski, C. E. Payn, Heather Royal, Jennifer Sanction, Doug Shippee, Michael Schulze, Dr. John Whelan, Martha Zed and Executive Director, Tim Cameron to raise the remaining funds from individuals, families, businesses and foundations in New Brunswick and beyond. The campaign project cost is $4.5 million. It is anticipated that the fund - raising program will be completed by early winter of 2006 7) What are the operational costs for the PET /CT? The province of New Brunswick has agreed to underwrite the patient costs at $1,000 per patient. 8) When is the PET /CT program scheduled to open? The PET /CT program will be open to patients in September of 2006. 9) Who will be served by the PET /CT? The program will serve people from across the province. The population of New Brunswick is 726,000 and the annual patient figures for Saint John Regional Hospital number more than one million visits. In 2002 -2003, statistics revealed that almost 4,000 New Brunswickers with cancer, cardiac and neurological conditions would have benefited from access to PET /CT technology. 10) How can 1 help support the campaign? You can make an outright gift or spread your payments over three years. Pledges can be paid by personal cheques, corporate cheques, VISA or MasterCard or through the transfer of securities. Cheques should be made payable to the SJRH Foundation (a note should indicate the PET /CT Campaign). Please indicate your pledge preference. All gifts will be receipted. Payments can be made via mail, online (credit or debit card), telephone (credit card) or in person at the Foundation Office (Main Lobby -Level 1) 405 University Avenue, Saint John, NB A named gift opportunity is available for a commitment of $1.25 million. The executive director of the Saint John Regional Hospital Foundation, Tim Cameron, would be pleased to discuss this with you and can be reached at (506) 648 -6289. March 24, 2006 Common Council of The City of Saint John Your Worship and Councillors: Re: Red Head Secondary Access Road Notices of Intention to Expropriate (No Objection) In accordance with the Common Council resolution of November 7, 2005 the City of Saint John filed with the Expropriations Advisory Officer on February 1, 2006 Notices of Intention to Expropriate in respect of the lands (excepting those owned by the Crown) required to permit the construction and operation of a proposed Red Head Secondary Access Road lying along the alignment shown generally on the plan prepared by Crandall Engineering Ltd. dated October 17, 2005, a copy of which was attached to the City Manager's correspondence in this regard of November 4, 2005 addressed to Common Council. The Expropriations Advisory Officer has advised that no Notices of Objection have been filed with him within the time prescribed by the Expropriation Act with respect to lands designated Parcel 06 -24 (PID #467506), Parcel 06 -19A and Parcel 06 -19B (PID #336420), Parcel 06 -18 (PID #55067458), Parcel 06- 16 (PID #337733), Parcel 06 -10 (PID #337709), Parcel 06 -35 (PID #339366), Parcel 06 -36 (PID #55043780), Parcel 06 -37 (PID #336370), Parcel 06 -39 (PID #339432) and Parcel 06 -40 (PID #337188) and also that the municipality may now proceed in accordance with Section 19 of the Act. Attached to this correspondence are photo- reduced copies of each of the plans to accompany the Notices of Intention to Expropriate for each of the noted parcels. ... /2 Common Council City Solicitor March 24, 2006 Page 2 Re: Notices of Intention to Expropriate (No Objection) Section 19 of the Expropriation Act says, among other things: " 19(1)(b) An expropriating authority (in this case the City) may confirm its Notice of Intention ..., ... by registering in the Registry Office for the county in which the land is situate a Notice of Expropriation where the expropriating authority is a municipality, signed by the clerk of the municipality. " If Common Council wishes to proceed, the following resolution is necessary, and upon adoption, and registration of the Notice of Expropriation, title to the land will vest in the City of Saint John. I would recommend that the following resolution be adopted: WHEREAS Common Council, by resolution dated November 7, 2005, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of Notices of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS Notices of Intention to Expropriate the hereinafter described lands and premises were filed with the Expropriations Advisory Officer on February 1, 2006; AND WHEREAS no Notices of Objection to the proposed expropriation were filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notices of Intention to Expropriate; NOW THEREFORE BE IT RESOLVED that Common Council does hereby confirm the Notices of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described as Parcel 06 -24 (PID #467506), Parcel 06 -19A and Parcel 06 -19B (PID #336420), Parcel 06 -18 (PID #55067458), Parcel 06 -16 (PID #337733), Parcel 06 -10 (PID #337709), Parcel 06 -35 (PID #339366), ®W Common Council March 24, 2006 Re: Notices of Intention to Expropriate (No Objection) City Solicitor Page 3 Parcel 06 -36 (PID #55043780), Parcel 06 -37 (PID #336370), Parcel 06 -39 (PID #339432) and Parcel 06 -40 (PID #337188), and the registering of Notices of Expropriation of the lands and premises hereinbefore described in the Office of the Registrar of Deeds in and for the County of Saint John/Land Titles Office New Brunswick, as the case may be; AND FURTHER that Common Council has by resolution immediately preceding these presents authorized the expropriation of certain lands and premises and whereas Section 22(1) of the Expropriation Act, Chapter E -14 of the Revised Statutes of New Brunswick 1973 as amended, allows an Expropriating Authority to take physical possession of expropriated lands and premises and occupation as an owner as of the date of registration of the Notice of Expropriation, if at that time no owner is in occupation of the land; AND WHEREAS the following lands and premises Parcel 06 -19A and Parcel 06 -19B (PID #336420), Parcel 06 -16 (PID #337733), Parcel 06- 10 (PID #337709) and Parcel 06 -40 (PID #337188) are not occupied by the owners; NOW THEREFORE Common Council does hereby authorize the taking of physical possession by The City of Saint John, the Expropriating Authority, of the lands and premises Parcel 06 -19A and Parcel 06 -19B (PID #336420), Parcel 06 -16 (PID #337733), Parcel 06- 10 (PID #337709) and Parcel 06 -40 (PID #337188) on the date of registration of the Notice of Expropriation. Respectfully Submitted, John L. Nugent City Solicitor Attachments March 24, 2006 Common Council of The City of Saint John Your Worship and Councillors: Re: Red Head Secondary Access Road Notice of Intention to Expropriate (Objection Withdrawn)* In accordance with the Common Council resolution of November 7, 2005 the City of Saint John filed with the Expropriations Advisory Officer on February 1, 2006 Notices of Intention to Expropriate in respect of the lands (excepting those owned by the Crown) required to permit the construction and operation of a proposed Red Head Secondary Access Road lying along the alignment shown generally on the plan prepared by Crandall Engineering Ltd. dated October 17, 2005, a copy of which was attached to the City Manager's correspondence in this regard of November 4, 2005 addressed to Common Council. The Expropriations Advisory Officer has advised that a Notices of Objection were filed with him within the time prescribed by the Expropriation Act with respect to lands designated Parcel 06 -25 (PID #339994), Parcel 06 -12 (PID #338335) and Parcel 06 -11 (PID #337691) but that the same has been withdrawn and consequently the municipality may now proceed in accordance with Section 19 of the Act. Attached to this correspondence are photo- reduced copies of the plans to accompany the Notices of Intention to Expropriate for the noted parcels. ../2 Common Council City Solicitor March 24, 2006 Page 2 Re: Notice of Intention to Expropriate (Objection Withdrawn) Section 19 of the Expropriation Act says, among other things: " 19(1)(b) An expropriating authority (in this case the City) may confirm its Notice of Intention ..., ... by registering in the Registry Office for the county in which the land is situate a Notice of Expropriation where the expropriating authority is a municipality, signed by the clerk of the municipality. " If Common Council wishes to proceed, the following resolution is necessary, and upon adoption, and registration of the Notices of Expropriation, title to the land will vest in the City of Saint John. I would recommend that the following resolution be adopted: WHEREAS Common Council, by resolution dated November 7, 2005, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer Notices of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS Notices of Intention to Expropriate the hereinafter described lands and premises were filed with the Expropriations Advisory Officer on February 1, 2006; AND WHEREAS Notices of Objection to the proposed expropriation were filed with the Expropriations Advisory Officer within the time prescribed by statute and were subsequently withdrawn; AND WHEREAS Common Council wishes to confirm the Notices of Intention to Expropriate; NOW THEREFORE BE IT RESOLVED that Common Council does hereby confirm the Notices of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described as Parcel 06 -25 (PID #339994), Parcel 06 -12 (PID #338335) and Parcel 06 -11 (PID #337691) and the registering of Notices of Expropriation of the lands and premises hereinbefore described in the Office of the Registrar of Deeds in and for the County of Saint John/Land Titles Office New Brunswick, as the case may be; ../3 Common Council March 24, 2006 Re: Notice of Intention to Expropriate (Objection Withdrawn) City Solicitor Page 3 AND FURTHER that Common Council has by resolution immediately preceding these presents authorized the expropriation of certain lands and premises and whereas Section 22(1) of the Expropriation Act, Chapter E -14 of the Revised Statutes of New Brunswick 1973 as amended, allows an Expropriating Authority to take physical possession of expropriated lands and premises and occupation as an owner as of the date of registration of the Notice of Expropriation, if at that time no owner is in occupation of the land; AND WHEREAS the following lands and premises Parcel 06 -25 (PID #339994) are not occupied by the owners; NOW THEREFORE Common Council does hereby authorize the taking of physical possession by The City of Saint John, the Expropriating Authority, of the lands and premises Parcel 06 -25 (PID #339994) on the date of registration of the Notice of Expropriation. Respectfully Submitted, John L. Nugent City Solicitor Attachments March 22, 2006 MEMORA ND UM To: Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering From: Dean Price, P. Eng., Project Engineer Re: Contract 2006 - 5: Pipeline Road West Water Transmission Main Please find attached the following: 1. Original of the M & C 2006 - 69. 2. Copy of the low tender by Fairville Construction Ltd. 3. Copy of the Tender Comparison 4. Copy of the Contract Cost Projection DP:ac Encls M &C2006 -69 March 22, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT CONTRACT 2006 -5: PIPELINE ROAD WEST WATER TRANSMISSION MAIN BACKGROUND This Contract consists of projects that are approved in the 2006 Water & Sewerage Capital Program as follows: 1. Installation of 2300 m of 600 mm diameter water transmission main on Pipeline Road West, between Gault Road and Manchester Avenue, to replace a 600 mm unlined cast iron main that was installed in 1899. 2. Construction of one new underground pressure reducing valve (PRV) station on Church Avenue in the west side to control and monitor water flows to the Milford/Randolph/Greenhead neighbourhood. TENDER RESULTS Tenders closed on March 15, 2006 with the following results: 1) Fairville Construction Ltd. $2,447,725.00 Saint John, NB 2) Galbraith Construction Ltd. $2,616,473.10 Saint John, NB 3) A.C.L. Construction Limited $2,980,442.00 Halifax, NS The Engineer's estimate for the work was $2,949,577.50. M &C2006 -69 March 22, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against two different capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $3,090,000 was provided in the budgets and that the projected completion cost of the project included in the Contract is estimated to be $2,370,608, including the City's eligible HST rebate — a $719,392 positive difference in the Water & Sewerage Utility Fund Capital Program. A report will be provided to Council in the coming weeks recommending additional important Capital Projects be completed in 2006 funded from the above projected surplus so that the overall Capital Program budget envelope remains at the approved level. Based on some recent investigations into the condition of certain sections of old unlined cast iron watermains staff will be recommending that the majority of the surplus funds from Contract 2006 -5 be allocated towards a watermain cleaning and lining program in select areas of the City. RECOMMENDATION It is recommended that Contract 2006 — 5: Pipeline Road West Water Transmission Main be awarded to the low tenderer, Fairville Construction Ltd, at their tendered price of $2,447,725.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering CONTRACT COST PROJECTION CONTRACT NO. 2006 -5: PIPELINE ROAD WEST WATER TRANSMISSION MAIN DATE: MARCH 22, 2006 ENGINEER: DEAN PRICE. P.ENG. 1 2 3 4 5 6 7 8 9 10 Budget TOTAL Budget Surplus Description Capital Approved in Tender City Utilities Engineering Estimated ($) ( +) No. 2006 Amount Forces Services HST Rebate Budget Shortfall Capital (4 +5 +6 +7) — (-) ($) ($) ($) ($) ($) ($) 8 ($) 3 -9 a) Pipeline Road West 6715 2,790,000.00 2,200,000.00 15,000.00 0.00 123,635.00 233,802.00 2,104,833.00 ( +) 685,167.00 — Watermain b) Church Avenue 6713 300,000.00 247,725.00 5,000.00 2,000.00 40,000.00 28,950.00 265,775.00 ( +) 34,225.00 — PRV Chamber TOTALS ➢ 3,090,000.00 2,447,725.00 20,000.00 2,000.00 163,635.00 262,752.00 2,370,608.00 ( +) 719,392.00 COMMENTS: Estimated HST Rebate calculated on tender amount ($2,447,725.00) and consultant engineering services ($163,635.00) = $2,611,360.00. Therefore, rebate is $262,752.00. REPORT TO COMMON COUNCIL M & C — 2006 -73 22 March 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders Fleet Replacement Program BACKGROUND: Each year, during the annual budget preparation process, funds are identified for fleet replacement. These funds are ear marked for the Fleet Reserve Fund and are used to cover the cost of the annual Fleet Replacement Program. In the Fall of 2005, a review of the fleet was undertaken in order to identify, from a Fleet Administration perspective, which vehicles are in need of replacement. This list is then presented to the affected user departments who determine, given their operational needs for the coming year, which vehicles will remain on the list and which will be substituted with other vehicles of a higher priority. Once the list is finalized the next step is the development of specifications in preparation for the acquisition process. Traditionally this process has been the calling of public tenders for new, replacement vehicles. However given Councils desire to better control the cost of replacing vehicles and equipment and acceptance of the premise that it is acceptable to purchase used or demonstrator vehicles and the fact that it is next to impossible to tender for used equipment, staff are not limited to the employment of the public tender process in all cases. While we continued with the practice of tendering for new or used or demonstrator vehicles, it has been our experience that the car and equipment dealers do not submit bids for other than new vehicles. The responses to this years tender calls once again demonstrate this inability on behalf of the dealers. A Page Two BACKGROUND ... Cont'd; Staff, in keeping with its commitment to Council, was able to complete the preparation process in time to call all public tenders for fleet replacement in March. All of the tendered items have been put out for competitive bids, the tenders have all closed and this report is being presented for Councils review and award of those tenders. In addition staff has included, for your consideration, the results of its search for used or demonstrator vehicles where available and acceptable. There are at present still a limited number of vehicles which have not been sourced. This is due in part to the fact that staff is attempting to source these replacements by means other than the tender call and as of yet have been only partially successful. As well there are attachments and components of vehicles which are in the process of being sourced or tendered. These include truck bodies, plow attachments, spreader controls and the necessary hydraulic equipment. These items traditionally lag behind the equipment tenders as in most cases the bidders need to know the make and model of the cab and chassis being purchased before they can accurately identify and bid the attachments and equipment. ANALYSIS: The tender submissions have been reviewed by Corporate Services with staff from the various user departments have been found to be complete in every regard. In order to simplify, as much as possible, the analysis of the tender results, staff has prepared and included for your consideration, two attachments to this report. The first attachment is a list of the tenders called which includes a breakdown of the tender number, the vehicle(s) tendered, the vehicles being replaced and the user department(s) affected. Also included in this attachment is a list of the vehicles required but not to be acquired as a result of competitive bids, ie the used or demonstrator vehicles available. The second set of attachments includes the tender summary forms which again contain the tender number and a description of the vehicles tendered, along with the bidders who responded and the tendered prices. Page Three ANALYSIS ... Cont'd; Staff are recommending acceptance of the lowest tender to meet the specifications and requirements of the tender. In all but one case this is the lowest overall bidder. However in the case of tender 232016, loader backhoe, the recommended bidder is not the lowest. A review of these tenders shows that the lowest and second lowest bidders failed to offer a machine which meets or exceeds the specifications of the bid. While the machines offered are in many ways similar to the machines required, they do not meet the specifications in critical areas and therefore would not be expected to provide complete functionality. FINANCIAL IMPLICATIONS: The combined total cost of this step of the 2006 Fleet Replacement Program, if awarded as recommended on the enclosed attachments, will be $1,607,979.79, plus tax. This is an annual program which was considered during the creation of the 2006 budgets and as a result funds are available in the Fleet Reserve Budget to cover the cost of these replacement vehicles. RECOMMENDATION: It is recommended that the tenders for the 2006 Fleet Replacement Program be awarded to the lowest bidder in each case to meet the specifications and requirements of the tender as indicated on the enclosed bid summaries. In addition it is recommended that Council authorize the Purchasing Agent to issue purchase orders for non - tendered used or demonstrator vehicles, as indicated on the enclosed attachments and not included in the public tender call process. 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D �J\ CD °& F $ $ $ \ CD \ , \ , _ 0 $ \ D ? ) CP § ° � k f& D & & { /\ to # CD + f % , ` ° # o / \® 2/ D \$ CD D m Q \ ®' ¥ ■ D k \ k ■ « k / & � \ \ to }w & = 9 0 \ \\ « \ w # tp \ § § \ \D \ ° ƒ $ _G0 w oD k $A % 1 ol i� k \ � ® 0 CD \ƒ \ 2 CD 7 \ , ° 0 } \ § e \ (P - F D 0 / \ i , D i � \ ? / CD e 0 4n \ - 0 :3 5 (D k \ k ° 0 Q � \ k # CL CD � \ e A 3 \� ° _ 0 § m m o \ k \CD CD 2 D , * _ \ \ \ ® r z { n \ a \ \ 7 \ o , �4 § 0 % = ® 2 i \ \ \� \ ° ° D , REPORT TO COMMON COUNCIL M & C — 2006 -66 24 March, 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Printing Visitor Guides BACKGROUND: f City of saint I-oh n Each year the City of Saint John calls a tender for the supply of Visitor Guides for use and distribution by the Tourism Department. This publication, when printed, is distributed by various means including: as hand -outs at trade shows, by mail in response to requests, at Tourist Information Centres and through various other public locations. This year's tender calls for the printing of one hundred thousand English versions and an additional twenty thousand in French. Two companies responded to the tender call by submitting bids. ANALYSIS: A factor in the evaluation of this tender was a delivery date of no later than April 25, 2006. The vendor offering the lowest bid has committed to meet the delivery deadline. Staffs of Materials Management and Tourism have reviewed all of the tender submissions and have found all to be complete in every regard. A summary of the bids is enclosed for your consideration. PAGE TWO FINANCIAL IMPLICATIONS: The total cost to print one hundred thousand English and twenty thousand French City of Saint John Visitor Guides, if awarded as recommended, will be $41,235.60 plus tax. Funds to cover the cost of printing the 2006 visitor guides are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender of Maritime Press, in the amount of $41,235.60, plus tax, for the printing of one hundred thousand English and twenty thousand French versions of the Tourism Information Guide for the City of Saint John be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager BID SUMMARY 2006- 084401T.SUM Printing of Visitor Guides Closing Date: March 15, 2006 Maritime Press Transcontinental NO. QTY. DESCRIPTION PRICE /M Extended price PRICE /M Extended Price VISITOR GUIDE WITH INSERT ] 100M VISITOR GUIDE — English $ 343.63 $ 34,363.00 $ 356.25 $ 35,625.00 (as per specification - includes cover and inserted bind in card) 2 20M VISITOR GUIDE — French $ 343.63 $ 6,872.60 $ 356.25 $ 7,125.00 (as per specification - includes cover and inserted bind in card) Location of Printing Plant Pictou, NS Dartmouth, NS Firm Delivery Date April 25, 2006 April 24, 2006 OPEN SESSION M & C 2006 — 77 March 23, 2006 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Establishment, Buildings and Inspection Services BACKGROUND Council will recall that during their budget deliberations of 2004 the question was asked, what could the Building Inspector do with an additional $100,000 per annum? This question was raised in relation to the Minimum Property Standards program and the fact that there were so many active files ongoing. Subsequently, Council approved the operating budget and included an additional $100,000. These additional funds allowed the department to engage another Technical Services Inspector which allowed for two full -time MS inspectors. Additionally, it provided sufficient funds to engage a contract employee in the Legal Department to assist in the preparation of property searches, orders, etc. The funding also provided the necessary tools, cars, computers, etc., required to do the job. Council, when considering the budget in 2004, also contemplated a four year budget. This being the case, those additional funds were included in the 2005 and 2006 budget as well. The program of Minimum Property Standards, since Council's decision, has improved dramatically. More orders, violations, and more voluntary compliance has happened in the last year and a half than in the previous 10 years. The word is getting out to property owners that the City of Saint John is serious when it comes to the issue of substandard housing. The City has made the statement numerous times over the past two years that there is no individual in the City of M & C 2006 — 77 - 2 - March 23, 2006 Saint John that should live in substandard housing. Our program of Minimum Property Standards is, and continues to be, a tremendous success. The City has garnered the attention of the Province of New Brunswick and the Province has agreed to make changes to the Municipalities Act and the Residential Properties Maintenance and Occupancy Code in order to provide additional and better tools to the municipality for dealing with substandard properties and property owners. Initially, when the additional position was staffed, it was done using the provisions of the Collective Agreement with Local 486. In other words, the position was filled as a temporary assignment. This temporary assignment has continued to date. Staff had intended to request that the establishment in the Building Inspection office be increased by one position when the establishment was presented to Council in January 2006. This was overlooked. To be consistent with the terms of the Collective Agreement, it is necessary to either create the permanent position in the Building Inspector's office or terminate the temporary agreement which would have the affect of eliminating the Minimum Property Standards position. The Building Inspector's office is funded for this work and your City Manager respectfully requests that Council increase the establishment by one for a Technical Services Inspector. RECOMMENDATION Your City Manager recommends that the establishment be increased by one position in Buildings and Inspection Services. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager REPORT TO COMMON COUNCIL i 'nee City of Saint John March 23, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CAPTAIN'S QUARTERS CONDOMINIUM As per the attached, I have had discussions with Mr. Baird, and have concluded that the following recommendation would be appropriate. RESOLVED that the City consents to the Declaration of Drury Cove Developments Inc. pursuant to the Condominium Property Act for the Captain's Quarters Condominium Subdivision and that the Mayor and Common Clerk execute the "Consent of Encumbrances" attached to the said Declaration. CITY MANAGER ENC. City Solicitor's Office Bureau de 1'avocat municipal www.saintjohn.ca March 23, 2006 Terry Totten City Manager 8a' Floor, City Hall Dear Sir: P.O. Box/C.P. 1971 Saint John, NB/N,-B. Canada E2L 4L1 Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Re: Drury Cove Developments Inc. — Captain's Quarters Condominium Condominium Property Act VFW ln• W. Bertis Sutton, of Barry Spalding, solicitor for Drury Cove Developments Inc. (the Company) advises that his client, as owners of the lands and premises at Captain's Quarters Condominium Subdivision, intends this development to be governed by the Condominium Property Act (the Act) and requests that the City give its consent to the Company's action. All persons having registered encumbrances against the lands must give their consent or the owner cannot complete his application under the Act. The City has, by Regulation 84 -217 under the Community Planning Act, acquired municipal services easements throughout Captain's Quarters Condominium Subdivision; pursuant to Section 39 of the Community Planning Act imposed conditions upon the development of the said subdivision and by document recorded in the Land Titles Office as No. 21729810 enjoys a right of way across the subdivision lands. Should you be prepared to recommend to Common Council Mr. Sutton's request, the following wording would be appropriate: ... /2 Terry Totten March 23, 2006 Page 2 of 2 Re; Drury Cove Developments Inc. — Captain's Quarters Condominium RESOLVED that the City consents to the Declaration of Drury Cove Developments Inc. pursuant to the Condominium Property Act for the Captain's Quarters Condominium Subdivision and that the Mayor and Common Clerk execute the "Consent of Encumbrances" attached to the said Declaration. Yours truly, Lynda D. Farrell Solicitor M & C — 2006 -62 March 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Amending Resolution - Sale of Land in Lakeview Heights BACKGROUND: In the spring of 2005 Council resolved to amend its resolution of August 2004 regarding the sale of former VLA lands in Lakeview Heights to North Star Holdings Ltd. by adjusting the closing date to March 31, 2006. The proposed closing date is not acceptable for the City or the purchaser at this time. The purchaser is currently focusing on the closure of two developments currently while the City is directing a significant amount of energy on the Red Head Secondary Access Road project. Both parties agree that a closing date of June 15, 2006 would be appropriate. RECOMMENDATION: That Common Council amends its resolution contained in M &C 2005 -59 by deleting... "B. that the closing date shall be on or before March 31, 2006;" and replace with... "B. that the closing date shall be on or before June 15, 2006;" Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development . m I lljim;kuy�,- W .�. I 9 OL jt F L-- Le I it | | | ^ REPORT TO COMMON COUNCIL I I OPEN SESSION M & C 2006 — 79 March 24, 2006 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Interior Painting at City Market City of Saint John BACKGROUND As part of the 2006 Facility Management Capital budget, funds were included for interior painting at the City Market. The ceiling and supporting members were last cleaned and painted approximately 20 years ago and it is now time to do this work again. A call for proposals was issued recently to clean and paint the ceiling, upper walls and supporting members of the City Market. The proposal call closed on Thursday, March 23, 2006 with two companies responding. Both respondents provide methods to carry out the work with minimal disruption to tenants and the daily operation of the City Market. Each area as it is worked on will be protected with tarpaulins to provide adequate protection to tenants' merchandise and goods. The call for proposals stipulated that the work must be completed within 30 days of award of the contract, so as not to conflict with the upcoming tourist and cruise ship season. Staff believe that both companies are capable to perform the work as outlined. Staff are therefore recommending acceptance of the low tender, Melrose Construction Inc., for the amount of $62,450 plus HST. Funds have been made available in the 2006 budget for this project. M & C 2006 —79 - 2 - March 24, 2006 Your City Manager recommends that Council approve the submission of Melrose Construction Inc. for the interior painting project at the City Market in the amount of $62,450 plus HST. Respectfully submitted, � �1� Wm. Edwards, P. Eng. Commis ' ner ldi s and Inspectii Terrence Totten, CA City Manager REPORT TO COMMON COUNCIL The City of Saint John March 21, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councillors, Re: Cities of New Brunswick Resolution As per the Council resolution adopted February 27, 2006, attached is the proposed resolution regarding Provincial - Municipal Funding for submission to the Cities of New Brunswick. This matter was tabled so that information could be provided on the contribution of the Province of New Brunswick to the local economy. The attached schedule of major employers indicates that provincial employment alone in Greater Saint John exceeds 9500 positions. The combined operating budgets of these employers would exceed several hundred million dollars. R e�ctfully submitted, Y• v1 J. atrick Woods Deputy City Manager PROVINCIAL - MUNICIPAL FUNDING WHEREAS Provincial Unconditional Grant transfers to all municipalities in New Brunswick have declined from a high of $103,635,000 in 1991 to $65,300,000 in 2006, and WHEREAS Provincial Unconditional Grant transfers to all municipalities now amount to less than 19 percent of property tax revenues derived by the Province from non- residential properties, and WHEREAS municipalities in the Province of New Brunswick are not able to access tax revenues other than property taxes, and WHEREAS the Provincial tax rate for transportation and policing services in Local Service Districts has not increased from 65 cents since 1984 resulting in Provincial tax subsidies to unincorporated areas of the Province, and WHEREAS artificially low taxation rates in unincorporated areas encourage urban sprawl to the financial detriment of both municipalities and the Province of New Brunswick, and WHEREAS municipalities are not able to adequately respond to the service demands of their citizens as well as those of unincorporated areas with only property taxes and unconditional grants as their major sources of revenue, BE IT THEREFORE RESOLVED that the Province of New Brunswick be called upon to; • Adjust the Provincial Tax rate in unincorporated areas by establishing a tax rate that reflects the `actual' cost of services provided by the Province of New Brunswick,and • Permit municipalities to generate revenues from sources other than property tax revenues, including but not limited to tax sharing, marketing levies and user fees. Adopted by the Common Council of the City of Saint John this 13a' day of March 2006. a v 2 6 N 3 a C w Y. 6 c C E W i1 d Q c E W 3 3 V Q u C G! 'c m CL E O u 0 0 0. 0 0 O IL co Z , 1 J N O LL m` L x m m 0 0 Y_ L CL 0 Ln Ln 7 N O1 W O u T L 'c E E 0 u Y u N C L m � v ". Z I L u Z O L 1 F:4 ►I tD 0 0 N vi V Y Q 7 W U7 O N O N t0 U1 'u V_ u_ u 2 E [n oz UI o Ln dS fyp L E N 10 N � � u u N u u Q o 3.2 O/ C E w w L L '= EE c'c' =u u= m 0-0-0 `w D Q ff =aw = 0 oaoi o o i o �D co co co W N � V M m N V Q u C G! 'c m CL E O u 0 0 0. 0 0 O IL co Z , 1 J N O LL m` L x m m 0 0 Y_ L CL 0 Ln Ln 7 N O1 W O u T L 'c E E 0 u Y u N C L m � v ". Z I L u Z O L 1 F:4 ►I tD 0 0 N vi V Y Q 7 March 22, 2006 Your Worship and Councillors: SUBJECT: Proposed Widening of Millidge Street Right -of -Way 9 Millidge Street The Committee considered the attached report at its March 21, 2006 meeting. Mr. Raymond Glennie attended the meeting on behalf of the applicant and expressed agreement with the recommendation. No other persons attended and no letters were received. After considering the matter, the Committee adopted the recommendation contained in the attached report. RECOMMENDATION: That Common Council assent to the submitted plan of subdivision, entitled City of Saint John and L.S.O. Enterprises Ltd. Subdivision, Millidge Street, City of Saint John, Saint John County, New Brunswick, dated March 17, 2006, with respect to the proposed vesting of an approximately 24- square -metre portion of PID 55179394 and an approximately 272 - square -metre portion of PID 28258 for widening of the Millidge Street public street right -of -way. Respectfully submitted, Philip Hovey Chairman Attachments Project No. 06 -084 LEI ( �\ y� §� \. §�. { ,� |� |�� % { |� � /2�$§ j�� .� ƒ \ \ \ 11 Ni '�. �\§ � " } ] DATE: MARCH 21, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 21, 2006 Jim R. Baird, MCIP Commissioner, Planning and Development SUBJECT: Name of Applicant: LSO Enterprises Ltd. Name of Owner: LSO Enterprises Ltd. and City of Saint John Location: 9 Millidge Street PID: Portion of 55179394 and 28258 Municipal Plan: Medium Density Residential Zoning: "RM -1 " Three Storey Multiple Residential and "P" Park Proposal: To vest a portion of the LSO Enterprises Ltd. property and adjacent City of Saint John property for widening of the Millidge Street public right -of -way Type of Application: Assent to a subdivision plan with respect to a public street JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council with respect to the vesting of public streets and street widening. LSO Enterprises Ltd. Page 2 9 Millidge Street March 21, 2006 STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the submitted plan of subdivision, entitled City of Saint John and L.S.O. Enterprises Ltd. Subdivision, Millidge Street, City of Saint John, Saint John County, New Brunswick, dated March 17, 2006, with respect to the proposed vesting of an approximately 24- square -metre portion of PID 55179394 and an approximately 272 - square -metre portion of PID 28258 for widening of the Millidge Street public street right -of -way. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering supports the proposed vesting. ANALYSIS: The subject properties are located on Millidge Street between Paradise Row and Moore Street, as illustrated on the attached tentative plan. The applicant has recently constructed a three unit residential building on his property. Late last week it was discovered that the lot for the dwelling unit closest to Millidge Street does not actually front on the public street but, rather, the driveway for the unit crosses an intervening parcel of City -owned land between the lot and the street. The applicant has proposed that a portion of the City -owned parcel be vested as part of the street right -of -way in order to provide direct frontage for the lot. Municipal Operations and Engineering supports the proposal, but at the same time has recommended that a small portion of the applicant's property (approximately 24 square metres) be included in the area that would vest as a public street, in order to provide for a future reconfiguration of Millidge Street and Paradise Row. The applicant has agreed to this requirement and has submitted the attached plan that identifies the required portions of both properties to be vested, totalling approximately 296 square metres (3,186 square feet). When actual design of the intersection modifications is completed, there may be additional City of Saint John land vested adjacent to Paradise Row. The attached plan is a first step in order to acquire a portion of the LSO property and clear up the access issue for the dwelling unit. It is prudent to acquire the LSO portion before it is sold or mortgaged. Approval of the proposal is recommended. It should be noted that, due to the nature of this proposal, the usual notification to surrounding property owners was not given. 1�` Ea SAINT JOHN March 27, 2006 Deputy Mayor Hooton and Councillors Subject: Committee of the Whole Report The Committee of the Whole, having met on March 13, 2006 proposes the following resolution for Council's consideration: Lease of Land to Saint John YMCA -YWCA P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L7 www.saintjohn.ca RESOLVED that The City of Saint John convey by long -term lease the City owned parking lot properties identified as PID Numbers 55012736, 39214 and Part 37176 to the Saint John YM -YWCA contingent upon approval of the formal management agreement between the Saint John YM -YWCA and the CGAC Commission; the YM -YWCA and the CGAC Commission be so advised; and this matter be placed on the agenda for the next open session of Council scheduled for March 27, 2006. Sinc 7 rely, Norm M arlane Mayor Explore our past/ Explorez notre pass€ Discover your future D €couvrezvotreavenir Grand Bay - Westfield • Quispamsis , Rothesay • St. Martins • Saint Joh �'b \O) March 23, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors, Re: Canada Games Aquatic Center — YM —YWCA Background The purpose of this report is to update Council on the proposal for a Management Agreement between the Y and the CGAC and to make a recommendation regarding the YMCA's request for title to the City owned lands adjacent to the CGAC. The Province of New Brunswick has purchased the existing YMCA. The Y must give vacant possession to the Province by March 31, 2007. A new justice facility will then be constructed on the Y site beginning in the spring of 2007. Representatives of the Y and Aquatic Centre have been holding formal talks to assess the potential for a working partnership. The proposed model would result in a new YMCA constructed on the City owned parking lots adjacent to the Aquatic Centre. The CGAC Commission would enter into a long -term management agreement with the Y to operate the Aquatic Center on behalf of the Commission according to established standards. The Y would report to the Commission quarterly on financial and operating results and would assume full responsibility for the operating costs of the Aquatic Center by the year 2013. Members of both facilities would have access to the services and programs of both facilities with the purchase of one membership. It is believed that this approach would generate new memberships, eliminate unnecessary duplication of effort and provide a fully integrated and modern recreation/aquatic /community facility for the benefit of existing members of both facilities and the entire community, The discussions to date have been both positive and productive and have led to the development of a Memorandum of Understanding that would form the basis for a formal contractual arrangement between the City the CGAC and the Y. The City Solicitor and Deputy City Manager have been participating in these discussions to provide information and assistance as required and to represent the City's interests. This report will consider the terms, benefits, risks and financial implications of the proposed management agreement. If the City is of the opinion that the proposed agreement is without merit then the transfer of the properties to the Y is no longer a consideration. Framework Agreement In order to move forward, the representatives have agreed upon a collaborative framework that sets out the general terms and jointly agreed principles that would serve as the basis for a formally documented management agreement. Essentially the framework would provide that both bodies would remain independent entities. This avoids a take over by one organization or the other, preserves the CGAC as a community legacy, avoids labour relations difficulties and would allow the Y to remain as an independent community organization able to solicit donations from the community. The CGAC Commission would contract with the Y to manage the Aquatic Center. The CGAC Commission would have responsibility for oversight of the Aquatic operations by the Y in the combined facility. There would be no duplication of services and both organizations would avoid direct competition. The current text in effect sets out the broad terms of the Management Agreement. The full text of the actual agreement has yet to be completed. The City's support for this initiative should be contingent upon approval of the final agreement. The Proposal The details of the proposed management agreement are set out in the attached document, In brief, the agreement would provide that; •S The Y would enter into a 25 year contract to manage the Aquatic center on behalf of the CGAC Commission. Clients of both the Y and CGAC would have full access to the aquatic facility and Y services with one membership. The Y would construct a new 40,000 sq. ft. facility on the parking lots adjacent to the CGAC. The Y and CGAC would share a common entrance and the Y would develop new locker rooms for use by both facilities under the pedway. 2 The City would continue to own the CGAC and the pedway would remain intact. The City would therefore continue to be responsible for the capital upkeep of the Aquatic center. Likewise the CGAC Commission would continue to exist with its current legislated mandate. The designation of the CGAC as "the Canada Games Aquatic Center" would also remain, ❖ The Collective Agreement with the employees of the CGAC would remain in place. In return for title to the parking lots and access to the aquatic facility the Y would undertake to operate the Aquatic Center for a fixed annual municipal contribution. The annual municipal subsidy, paid through the Regional Facilities Commission, would diminish from $481,000 to zero by the year 2013. The City is currently responsible for 72 percent of the annual deficit. ❖ As the responsible agency, the CGAC Commission would establish "Operating Standards" in the agreement, to which the Y would be obligated to adhere. ❖ An explicit `Termination Clause' will set out how the two facilities will treat pre -paid memberships, a limited lease of the Aquatic facility by the Y for its programs and the physical connection/separation of the buildings in the event that the agreement must be terminated. A "Maintenance and Renewal Program" will define standards to which the CGAC will be maintained by the Y during the term and identify explicitly those items of a capital nature that will continue to be the City's responsibility. Each party (CGAC /City and YM -YWCA) will contribute approximately $100,000 towards one time transition costs. The Benefits The YM -YWCA The current Y has been sold as it is rundown and the useful life of the facility has been exhausted. Membership is leaving for the newer fitness facilities. The Y plans to construct a modern facility with funds derived from the sale of the existing facility and a capital fundraising campaign. Their construction costs of the new Y facility will be substantially reduced without the need to construct a swimming pool. However, experience has shown that a Y will not succeed without an aquatics component. Use of the City parking lots also avoids the high cost of land acquisition in the uptown. The Y would therefore benefit from a central location, reduced capital expenditure and access to a full Olympic size aquatic facility for its programs. 3 The CGAC The CGAC is twenty years old and while well maintained is in need of building /facility upgrades. The facility currently operates at an annual deficit ($480,000) and is funded under the Regional Facilities Commission. Membership levels have also been stagnant in this facility. The CGAC projects that the current deficit level will continue to increase substantially in the face of declining memberships and increased operating costs. The CGAC would therefore benefit from needed facility improvements, the ability to offer a broader range of dry land programs for its members and elimination of the operating deficit. Members The members of the CGAC and Y would both enjoy uptown access to new and expanded facilities and the full range of aquatic, health, fitness and social programs, currently offered independently by the Y and Aquatic Center, with a single membership. Taxpayers The annual operating deficit of the Aquatic Center stands at $41,80,000 and is funded by the four communities in Greater Saint John through the Regional Facilities Commission. The City's share of the deficit contribution ($3$0,000) represents slightly less than one cent on the municipal tax rate. Elimination of this funding support will directly benefit the taxpayers of the City and the region. In addition, the taxpayers and citizens of the community will continue to own and benefit from the Aquatic Center, a legacy of the 1985 Canada Games. Common A prominent uptown location with pedway access is an advantage for both organizations and their members. Both operators also believe that '',a joint facility offering their respective members seamless access to a broader range of combined services would result in substantially increased membership. Likewise, by eliminating the duplication of back - office support services and combining common services some economies of scale can be realized to the benefit of both parties. Financial Implications The City should be interested in four key aspects of the proposed partnership; the financial impact on the operating costs (deficit) of the CGAC, the value of the land contribution, the long -term sustainability of the management agreement and the impact of the lost parking and associated parking revenues that will result. CGAC Deficit The CGAC operating deficit is funded by local taxpayers. It would be unacceptable for the taxpayers to assume the risk of the new venture or to subsidize the operations of the new Y. This issue is addressed in the attached framework by requiring that the annual operating deficit will become the full responsibility of the YM�YWCA beginning in 2013. The annual municipal contribution will decline between 2007 0 and 2012 and be fixed by contract. The net present value of the savings to be realized by the elimination of the deficit amounts to $4,980,000 in 2006. The terms of the management agreement, particularly the revenue s1haring provisions, will have to provide sufficient legal and financial protection to ensure that the full financial benefits are realized as anticipated, The use of the Regional Facilities Commission as the funding vehicle pIovides protection and certainty to the funding partners however the current legislati n does not contemplate a multi -year funding commitment. The City Solicitor will provide advice on the appropriate legal mechanisms in a separate report. Land Contribution The Y — CGAC development is contingent on the City making available the parking lots adjacent to the Aquatic Center for development by the Y. The City Solicitor has previously advised that the City will have to receive fair value for this type of land contribution. The properties were independently appraised in 2001 at $20,000. The present value of the savings noted above ($4,980,000) more than off ets the market value of the parking lot properties. Parking Revenues Construction of the new Y would result in the loss of 57 parking spots. While some on site parking will be provided in the new development the number will be ',limited (20 -25). It is proposed that the Parking Commission continue to operate metered parking for the onsite parking at the new facility. This will continue to generate revenue for the Parking Commission and ensure that there is sufficient turver in the available parking spaces. It is difficult to predict the financial impact as the specific number of available parking spots and the demand for these pots is unknown at this time. I The City is also obligated to provide 70 parking spaces as part of a s anding commitment to Brunswick House, within a 600 foot radius, until 2016. The agreement requires that the monthly rate be set at market rates as of D cember 2006. Thirty -three of these spaces are currently situated on the parking area propos d to be transferred to the Y. These spaces can be relocated at market rates (fixeq for 10 years) consequently the loss of revenue from the transfer of these parking s ots will be limited to any future market rate increases. As future parking revenues are uncertain and there will be some lost arking revenue during the construction period and additional costs associated with relocation of equipment, staff have built in an estimated cost of $50,000 in the financial analysis. Sustainabilitv The question of sustainability goes to the business model that has been dev loped. Council must be satisfied that the assumptions and projections are realis 'c and attainable. It would be imprudent to embark on a long -term agreement hat is predicated on weak assumptions and/or speculative revenue and a pense projections. The joint Working Group has developed multi -year pro -forma financial prof ctions with the volunteer assistance of Bill Fitzpatrick CA. The detailed analysis considered the existing revenues and expenses of both facilities and then ith the working group identified likely economies of scale and developed the pro forma financial data. The membership projections are based on population and memberships attained at similar new facilities across the country. The financial analysis indicat s that municipal funding support will not be required after 2012. The business plan anticipates an increase of 1800 members over the first thr e years of operation. Both the membership and financial projections are co sidered conservative and achievable by the Working Group. Risks The transfer of land to the Y would be predicated on elimination of the operating deficit at the CGAC. Clearly, the largest risk is the possibility that the Y will not be able to meet its financial commitment in future years. This could arise be use of lower than expected membership numbers, higher than anticipated cos ca s or a combination of both. The representatives on the Working Group have attempted to mitigate this risk by using very conservative and realistic projections in their pro -forma anal sis. In addition, the CEO of the Y indicates that a quarterly reporting requirem nt will reveal any potential financial problems on a timely basis and allow for c ective action to be taken. The CGAC Commission could move to terminate the agreement if the Y ere in default. The reality is however, that this would be an operationally in egrated facility and the City would be called upon for assistance for the Aquatic C nter in the event of severe financial difficulty. 2 2006 2007 12008 2009 2010 12011 012 2013 Members 2700 2635 3500 4000 4500 4500 500 4500 Contribution 4819550 441,275 3089000 12259000 11509000 1009000 0,000 0 The membership projections are based on population and memberships attained at similar new facilities across the country. The financial analysis indicat s that municipal funding support will not be required after 2012. The business plan anticipates an increase of 1800 members over the first thr e years of operation. Both the membership and financial projections are co sidered conservative and achievable by the Working Group. Risks The transfer of land to the Y would be predicated on elimination of the operating deficit at the CGAC. Clearly, the largest risk is the possibility that the Y will not be able to meet its financial commitment in future years. This could arise be use of lower than expected membership numbers, higher than anticipated cos ca s or a combination of both. The representatives on the Working Group have attempted to mitigate this risk by using very conservative and realistic projections in their pro -forma anal sis. In addition, the CEO of the Y indicates that a quarterly reporting requirem nt will reveal any potential financial problems on a timely basis and allow for c ective action to be taken. The CGAC Commission could move to terminate the agreement if the Y ere in default. The reality is however, that this would be an operationally in egrated facility and the City would be called upon for assistance for the Aquatic C nter in the event of severe financial difficulty. 2 In addition to the risk of not meeting its operational obligations, the Y is also assuming a funding risk in that it plans to raise $5,000,000 through a community capital campaign. A major shortfall in the campaign would necessitate increased borrowing or a reduction in the overall size of the expansion. The Y Board has advised that the development of the campaign is well underway. Another risk that arises is the potential for a contractual dispute with the CGAC Commission over the obligations of the Y given the long -term nature 'of the management agreement. This risk can be mitigated by careful drafting of th$ terms of the actual agreement. This is a risk common to all contractual agreements and should not be a major consideration. Each party has engaged legal counsel to assist in the drafting of the agreement. Finally, the City must also consider the risk or opportunity cost of not proceeding with the proposal. The CGAC Commission has indicated that memberships are stable at best and that there is a negative long -term trend. They estimate that the annual municipal funding requirement will continue to grow to the $600 - 700,000 range. In other words there is a real financial cost to the City of not proceeding with the proposed management agreement. Parking Challenges — Y — Justice - Police While the standing obligation to provide parking for Brunswick House must be addressed immediately, there is also the real impact of the development of the new Y, Justice Facility and Police Headquarters on the parking requirements in the uptown to be considered. A preliminary analysis shows that the three projects will generate a need for approximately 450 new spaces. Staff have consulted with Community Planning, the Saint John Parking Commission and representatives of the Province of New Brunswick in an effort to identify a cost effective and operationally viable solution. A single multi -level parking facility, providing pedway access and centrally located in the vicinity of the Justice facility is an alternative being considered at this time. The Parking Commission and their consultant are currently working with the parties to assess this and other alternatives. Development of the three new projects in the uptown will necessitate a resol tion to the long -term parking requirements of the City. This may require a financial contribution from each of the three projects and an investment fr m the City/Parking Commission. These discussions are ongoing. It should be noted that a long -term resolution of the uptown parking requirements is beyond the control of the CGAC and Y and will require cooperation from a iumber of partners. However, the YMCA has been advised that it will have to address the 7 needs for turnover parking, handicapped access, children on the proposed site. Next Steps The representatives of the Y and CGAC will c agreement into a formal management agreemen t boards and the Common Council. The Y als o undertake a design of the new Y. They are environmental review of the parking sites. bus lay -by and drop off are4(s) for ontinue to develop the framework for submission to their respective plans to engage an architect to currently undertaking a Phase I Time is of the essence as they must give up vacant possession of their iourrent building by March 2007. They will not proceed with the new building design at this location unless they are certain that they will secure title to the parking lot pr perties owned by the City. The parties have requested a timely decision from Council. Conclusion In March 2005, Common Council, by resolution, indicated support for the project to the Working Group dependent on receipt of, ■ A Memorandum of Understanding supported by both parties (received) ■ Receiving fair consideration for the City land contribution (confirmed) ■ An acceptable joint governance arrangement (confirmed) ■ An equitable revenue /expense sharing agreement that avoids any risk to the deficit level at the CGAC (confirmed) ■ A sound multi -year business plan and financial projections (received) ■ A timely resolution to the parking issues (ongoing) ■ Advice from the City Manager, City Solicitor and Commissioner of Finance on the specifics of the proposed agreement (provided) The terms of the proposal for a Management Agreement between the CGAC and YM -YWCA and the attached Pro -forma financial analysis satisfy) these requirements. Eventual elimination of the operating deficit at the CGAC more than provides fair value for the land contribution by the City. The use of a management agreement preserves the authority of the CGAC Commission and ensures that the City continues to retain ownership of the CGAC facility. A full service facility under management by the Y will benefit the taxpayers and the members of both facilities. The CGAC has indicated that the current operating deficit will continue to ncrease in future years. Against these advantages must be considered the risk hat the positive financial results projected by the Y are not achieved as anticipated. While the framework for the management agreement has been agreed upon, the detailed contractual agreement must be documented to the satisfaction of the CGAC, YM -YWCA and the City of Saint John. Input from Other Sources The City Solicitor has prepared a separate report to address the legal implications of the proposed Management Agreement. The Commissioner of Finance (A. Beckett) has been consulted regarding the financial implications and concurs with the recommendation. The Commissioner of Planning and Development (J. Baird) has been consulted regarding the related development and parking issues and concurs with the recommendation. The Canada Games Aquatic Center Commission and the Board of Directors of the Saint John YM -YWCA support the proposed framework for a management agreement. Recommendation It is recommended that the City of Saint John convey title of the City owned parking lot properties identified as PID #'s 55012736, 39214 and Part 37176 to the Saint John YM -YWCA contingent upon approval of the formal management agreement between the Saint John YM -YWCA and the CGAC Commission and, That the YM -YWCA and the CGAC Commission be so advised. Respectfully submitted, J. Patrick Woods CGA Deputy City Manager T. L. Totten FCA City Manager o go gggg G N r .- Ks � •o d d � � S T d G N O+ W N N 4) N N U G O d :7 N GO y o R G . .y G y v ° w y O G go yw oo sj pU� p r r d G ton 'ca � U '�' � •`ani w o 0o a`� � o ° r3 'i4 la 'd ✓ ° y Y U y Q nnF ca vO Ira C: Y @ o O" o c F$ 4�.= N $ � 0 '3 r 8 • wo U � G U ca C,� $t °d°° �y ° d d a g � 'a saw a�� Iz. ry ado d$S °' d� Na PI X ro QU � N � Y y y G 0 4` roc (g) $$�° 2�o nc °cod oNs to pc°i li o 0 o r Ao o a �`nm �� d.� o' G 5 °° r lid �"$ o CE Cc, IS N ran 3 3 yU gCA 92 %gg N U Y 00 o Ca c+. W ,o o. <a N y 'Y r. o ggg A p 7y' d T iC 4 '' 3 L b J c 6' ,d cr o iy d e� y� C Q � gr-, Zi O Y ✓ (,/1 03 O 1. Ca w es ds Ogg 2 G o. r U V is U d y V c ° c aCi � • � d $�! sot $ N U o N G Q IKI 46q O ��y O o d � o oU C N $ 0 N •� � O on N t. N n�y�' pl $ 0 3 J d C d oripp D y r Ns mr o C4 jS N $ r C � O� (1 ° ^d � •� o yo Y ,U'C • cYC o� ~fi N � �, O H O n ou) U w o 3 v 3 v Y J N N o O U � 1 .n P o y r e ^ A •� o U L g � Q N iY W � • `Y✓Y N O � .o Jc 00 0 C no° G o y` C J A J �' cod tD as ca cs o M a a T v O 6 v � �^ .p O V•y ? •� ¢ K 4• N o FS ° r, 1.0 moo. •o a `" �` . � d ° $" r F o U N Sl„- / PROPOSAL FOR AGREEMENT BETWEEN The Saint John YM -YWCA ( "Y") The City of Saint John ( "City") AND The Saint John Aquatic Center SJAC Commission ( "SJAC Commission")' Whereas: all property acquired and held for the use of the SJAC Commission including that property within the City known as the Canada Games Aquatic Center, (defined herein as "CGAC "), is vested in the City pursuant to sub - section 4(l) of the Saint John Aquatic Center Commission Act, SNB 1984 c. 73 ( "Act "); And Whereas: the SJAC Commission has the management and control of the CGAC pursuant to sub - section 4(2) of the Act; And Whereas: the Greater Saint John Regional Facilities Commission ( "GSJRFC ")z, pursuant to the Greater Saint John Regional Facilities Commission Act, R.S.N.B. 1973 C. G -5.1, ("GSJRFC Act "), determines the annual amount of the total municipal contribution to be made towards the operation of regional facilities, including the CGAC and also the amount that each participating municipality shall contribute to such total municipal contribution; And Whereas: the Y, the City, and the SJAC Commission wish to enter into an agreement consistent with "Guiding Principles" contained in a Memorandum of Understanding, dated the DD day of MM, YYYY, between the Y and the SJAC Commission a copy of which is attached hereto as Schedule 1, which agreement will provide that the Y operate and manage the CGAC upon the terms set out therein, and which will also provide for the Y's delivering its programs in the CGAC as well as in the new building to be constructed on land adjacent to the CGAC, it is proposed that the Y, the City and the SJAC Commission enter into such an agreement, ( "Agreement "), providing inter alia for the following; [Note: The legislation establishing the Commission is SNB 1984 c. 73 Saint John Aquatic Center Commission Act. In the Act "SJAC Commission" means the Saint John Aquatic Center Commission. Although the Act was amended by SNB 1999 c. 47 to change the constitution of the SJAC Commission to include members appointed by Grand -Bay Westfield, Quispamsis and Rothesay there does not appear to be any change to reflect the commonly known designation "Canada Games Aquatic Center Commission".] '[Note: The Greater Saint John Regional Facilities Commission Act R.S.NB. 1973 c. G -5.1, received Royal Assent February 26, 1998 and provides that this commission determine the amount of the total annual municipal contribution to inter alia the CGAC and the amount of each participating municipality's contribution thereto. Including this Commission as a party presumes the apparent necessity for its agreement to the Defined Municipal Contribution (formerly "City's Defined Contribution )J SMSS \ \535716.4A -z- 1., Defined Terms: In addition to those terms hereinabove defined: "Y ", "City ". "SJAC Commission ", "Act ", "GSJRFC ", "GSJRFC Act' and "Agreement ", the following terms are defined for the purpose of this proposal: (a) "CGAC ": the facility known as "The Canada Games Aquatic Center" including those lands and premises located between St. Patrick Street and Union Street in Saint John, the meets and bounds of which will be more particularly described in the Agreement and outlined in blue on a plan attached thereto, (expressly excluding the "pedway" so- called located in the eastern portion of the Facility), together with all machinery and equipment whether fixed or moveable located thereon which as of the Effective Date provide services to or otherwise facilitate the use of the Canada Games Aquatic Center and/or its programs; (b) "CGAC Aquatic Equipment ": that movable equipment at the CGAC required for the provision of aquatic programs and events other than that equipment which provides services directly to the CGAC Building; (c) "CGAC Building ": the building which houses the CGAC facilities, including all machinery, installations, equipment and swimming pools, providing services to the building and is located on and part of the CGAC; (d) "CGAC Equipment ": all movable equipment at the CGAC as of the Effective Date and as described in the CGAC Maintenance and Renewal Program, including the CGAC Aquatic Equipment. (e) "CGAC Maintenance and Renewal Program ": described in sections 7 & 8, yet to be agreed upon and attached as Schedule 2 hereto; (f) "Collective Agreement ": that agreement between the SJAC Commission and Local X of the Canadian Union of Public Employees dated MM /DD /YYYY and expiring MM /DD /YYYY, including any amendments thereto; (g) "Defined Municipal Contribution ": an annual cash payment made to the Y in an amount to be determined in accordance with the provisions set out in Schedule 3 hereof and provide for inter alia, (i) any capital improvements to be made to the CGAC by the Y, (ii) all fees or other charges to the Y in addition to rent as referred to in section 4(a), (iii) any flow through costs to the Y of the City's cost of insurance as referred to in sub - section 4(e) & (f). which payment may be subject to limitation and or adjustment on terms yet to be established; (h) "Effective Date ": (will be established as the date the Y takes up the management of the CGAC), -3— (i) "Emergency Use ": the use of the CGAC Building in a declared emergency by legal authorities acting under federal or New Brunswick legislation; (j) "Parties ": the Y, the City and the SJAC Commission (collectively); (k) "Party ": any one of the Parties (1) "Proposed Y Building ": that building referred to in paragraph (b) of the definition "Proposed Y Property" including all installations, machinery and equipment providing services thereto; (m) "Proposed Y Property": includes, (i) those lands and premises, excluding any equipment thereon used in the regulation of vehicular parking, which is the property of the Saint John Parking Commission, which at the time of conveyance, by the City to the Y, as provided for in the Agreement, are located immediately adjacent to the eastern side and front entrance of the CGAC Building, the meets and bounds of which will be more particularly described in the Agreement and outlined in red on a plan attached thereto; and (ii) a building, including all installations, machinery and equipment providing services to the building, to be constructed on the said lands and premises by the Y. (n) "SJAC Commission Employees ": all employees of the SJAC Commission including SJAC Commission Unionized Employees; (o) "SJAC Commission Unionized Employees ": those members of the Canadian Union of Public Employees, Local X, employed by the SJAC Commission pursuant to the provisions of a collective agreement dated the X day of MM, YYYY; (p) "Term ": subject to section 11, a period of twenty -five years from the Effective Date with the right of the Y to renew the Term for such length of time and on such terms and conditions as shall be provided in the Agreement and subject to further periods of renewal as the Parties may agree; (q) "Y Business & Operations Plan": means that plan referred to in sub - section 3(b)(i) hereof; (r) "Y Transition Plan": means that plan referred to in sub - section 3(b)(ii) hereof, (s) Y Termination Plan ": means that plan referred to in sub - section 3(b)(iii) hereof; (t) "Y's Annual Operating Gains ": during the Term, the excess of the Y's annual operating income, excluding proceeds from bequests, endowments, fundraising and gifts, over the Y's annual operating expenses; -4— (u) "Y's Annual Operating Deficit ": during the Term, the excess of the Y's annual operating expenses over the Y's annual operating income excluding proceeds from bequests, endowments, fundraising and gifts. 2. Principle Objectives of the Agreement: (a) to complete the development of the Proposed Y Building and an expansion of the operations of the CGAC and the Y in a new CGAC/Y facility; (b) to continue to provide recreational programs, activities and sporting events for people of all ages, interests and abilities, including those who are handicapped or disabled, in order to advance the health and wellness of the people of Saint John, Grand -Bay Westfield, Quispamsis, Rothesay and the Province, at home and abroad, through services and support that develop the Spirit, Mind and Body in an ethically, morally and fiscally responsible manner through the operation of the expanded facilities of the CGAC and the Y;3 (c) to eventually eliminate the Defined Municipal Contribution; 3. Conditions Precedent to the execution of the Agreement: (a) Acceptance of the CGAC Maintenance and Renewal Program by the Parties; (b) Acceptance by the City and the SJAC Commission of the following: (i) Y Business and Operations Plan for the Y's proposed management of the CGAC which will include but not be limited to (A) a budget, including but not limited to the Y's liability for deferred association fees and /or levies; (B) pro forma financial statements for the Y's operations during the first five years of the Term; (C) the responsibility of the City for all property taxes levied on the or in relation to the CGAC; (D) the defined benefit from the Y's proposed operations of the CGAC to the City in relation to the fair market value of those lands and premises which are part of the Proposed Y Property to be conveyed to the Y by the City, including but not limited to (I) any guaranteed reduction in the Defined Municipal Contribution, (II) proposed capital improvements to the CGAC by the Y, ' Incorporates the Objects of the SJAC Commission set out in the Act s. 5(a)(b) and the Mission Statement of the Y. -5— (E) the construction schedule for the Proposed Y Building; (R) provision of continued public access to the CGAC and the pedway contiguous to the CGAC during the construction of the Proposed Y Building; (G) adequate liability insurance for all claims in relation to the construction of the Proposed Y building naming the Y, the City and the SJAC Commission as insured parties. (H) proposed maintenance schedules to comply with the obligations of the Y contained in the CGAC Maintenance and Renewal Program; (I) maintenance of business and operations records required by the Agreement; (J) compliance with all legislated employment standards, including Occupational Health and Safety standards. (K) established fees for public use of the CGAC as a fixed percentage of comparable Y membership fees; (L) established fees for the use of the CGAC by aquatic teams for training and aquatic events as a fixed percentage of comparable Y membership fees; (M) continuation of the CGAC availability for aquatic events; (N) subject to the provisions of Section 9(a)(ii), continuation of existing CGAC swimming pool volumes; (0) continuation of the CGAC program for the provision of services in both official languages, including but not limited to signage; (P) continuation of access to the CGAC for handicapped persons; (Q) reporting to the SJAC Commission of any incidents likely to result in claims against the SJAC Commission for personal injury or property damage or other loss of a serious nature with details of the incident, the names of actual or potential claimants and other person or persons involved or identified as witnesses; (R) proposed programming of the CGAC consistent with the principle objectives of the Agreement and the legacy of the Canada Games; (S) proposed standards of operation including maintenance of the CGAC Aquatic Equipment so as to continue those accreditations acquired by the CGAC for the purposes of running aquatic events; (T) continuation of existing space leases at the CGAC to the end of their respective terms; (ii) Y Transition Plan for the Y's assumption of the management of the CGAC which will include but not be limited to: (A) continuation and funding of the existing pension plan for CGAC employees; (B) continuation of the Collective Agreement; (C) acknowledgement and continuation of CGAC employee seniority benefits entitlement; (D) continuation of all CGAC memberships in existence as of the Effective Date to the end of their respective terms and rights of renewal as Y members on same terms as Y members entitled to renew; (iii) Y Termination Plan which will include but not be limited to: (A) returning to the City as owner of the CGAC the value or replacement of the CGAC Equipment as of the Effective Date, as contained in the CGAC Maintenance and Renewal Program; (B) the severability of the connection between the Y and the CGAC; (C) the continuation of use of the CGAC by the Y following Termination; (D) the right of the Y to a limited lease, for the remainder of the Term, at market rental rates of the CGAC pool facilities for the continuation of the Y's aquatic programs; (E) the treatment of Y members with pre -paid membership rights extending past the date of Termination; (F) the Y releasing and indemnifying the SJAC Commission from liability to honour Y memberships past the date of Termination; (G) the continuation of the connection between the Proposed Y Building and the CGAC Building so as to permit access to and from each building to the other. (e) The Y's completion of its review and acceptance of the condition of the Proposed Y Property. -7- 4. The City Will: (a) enter into an Agreement of Purchase and Sale and subject thereto convey to the Y on or before a date X months prior to the Effective Date fee simple title to the land component of the Proposed Y Property for the price of One Hundred Dollars ($100 ); a conveyance pursuant to this provision will include an option in favour of the City to re- acquire the property for the sum of $100.00 in either of the following events: i. the footings and foundation for a building having a ground floor area of square metres approximately have not been erected upon the Proposed Y Property in accordance with a Building Permit issued under the Building By -Law of the City of Saint John; or ii. the envelope (exterior walls, roof, windows and doors) of a building having a total floor are of _ square metres has not been erected upon the Proposed Y Property in accordance with a Building Permit issued under the Building By -Law of the City of Saint John on or before the DD of MMMM, YYYY. (b) be responsible for and undertake such capital, repair and replacement of the CGAC as required of the City by the CGAC Maintenance and Renewal Program; (c) permit the attachment and access of the Proposed Y Building to and from the CGAC Building, subject to sub - section 9(a)(ii), hereof, and obtaining all applicable regulatory approvals and permits in relation thereto; (d) on or before the 1st day of March, June, September and December of each year during the Term forward, via the SJAC Commission, to the Y one of four equal instalments of the Defined Municipal Contribution, as set out in Schedule X ;4 (e) obtain and /or maintain in effect property damage and general liability insurance coverage on the CGAC in the amount of $X, subject to all reasonable commercial limitations and exclusions which insurance policy will include the SJAC Commission and the Y as named insureds; (f) obtain and/or maintain in effect Errors and Omissions insurance coverage for the actions of the officers and members of the SJAC Commission in an amount to be agreed upon, subject to all reasonable commercial limitations and exclusions; (g) be responsible for all property taxes levied on or in respect of the CGAC; The GSJRFC Act s.13(1) requires the municipal contributions to be paid to the City in quarterly instalments on the first day of the month of each quarter. s. 13(3) requires the City to forward the quarterly instalments to the respective managing bodies of each regional facility. Therefore by legislation unless amended, the SJAC receives the quarterly instalments from the City. The provision for payment herein attempts to reflect this and allow time for transfer of the Defined Municipal Contribution instalment to the Y. -8- (h) provided the schedule of Defined Munici� hereof, has been adhered to, call a meetin6 appropriate representatives of each particit discussing the possibility of seeking, the t Centre from the scope of the Greater Saint legislation. 5. The Y Will: )al Contributions set out in Schedule 3 within the first six months of 2013, of )ating municipality, for the purposes of emoval of the Canada Games Aquatic John Regional Facilities Commission's (a) construct the Proposed Y Building on the Proposed Y Property physically attached and accessible to and from the CGAC Building, consistent with the Y Business & Operations Plan and Y Termination Plan which building shall be substantially completed by July 2008. On and from the Effective Date and during the Term the Y Will: (b) subject to the provisions of the Agreement, the provisions of the Act, sub - sections 5(h) and (i) entitled "SJAC Commission Unionized Employees" and sections 7, 8 and 9, entitled "CGAC Maintenance and Renewal Program ", have and assume, on behalf of the SJAC Commission, sole management and operating rights and responsibility for the CGAC, and SJAC Commission Employees as manager of the CGAC, appointed for the Term by the SJAC Commission; (c) use the CGAC, in a manner consistent with the Y Business & Operations Plan and the CGAC Maintenance and Renewal Program, to operate Y programs through the Y's employees and volunteers together with the SJAC Commission Employees, as a charitable organization to achieve the Objectives of the Agreement; (d) subject to any agreement in writing by the Parties to the contrary the Y will: (i) continue the designation of the CGAC as "The Canada Games Aquatic Center "; (ii) provide for the public use and enjoyment of the CGAC on a user fee basis consistent with the Y Business & Operations Plan; (iii) maintain and honour the spirit of the "Canada Games Legacy" in its operation of the CGAC; and (iv) refrain from any use of the name "Canada Games Aquatic Center" except as provided for in the Agreement. (e) obtain and maintain in effect general liability insurance coverage for operations of its operations including those on the CGAC in the amount of $X, subject to all reasonable commercial limitations and exclusions which insurance policy will include the City and the SJAC Commission as named insureds; -9— (f) be solely entitled to the Y's Annual Operating Gains and responsible for the Y's Annual Operating Deficits as provided in the Y Business & Operations Plan and the Defined Municipal Contribution; (g) on or before the 31st day of August of each year, submit its calculation of the Defined Municipal Contribution to the City, the SJAC Commission and, pursuant to section 9 of the GSJRFC Act to the GSJRFC; (h) provide to the City and the SJAC Commission quarterly statements of its financial operations, within 30 days of the end of each quarter or as soon thereafter as reasonably practicable; as well as its audited annual financial statement within 120 days of the end of its applicable financial year or as soon thereafter as reasonably practicable; (i) amend its By Laws to give effect to section 6(h) of the Agreement; (j) be responsible for obtaining all applicable regulatory approvals and permits for the construction of the Proposed Y Building and the connection thereof to the CGAC; SJAC Commission Unionized Employees: (k) during the term of the Collective Agreement, the Y as sole manager and operator of the CGAC will have de facto responsibility for the management, employment, remuneration and termination from employment of the SJAC Commission Unionized Employees and will replace the SJAC Commission as employer of the SJAC Commission Unionized Employees on any future collective bargaining agreements in force during the Term; and (1) the SJAC Commission, will act purely as a limited agent of the Y for the employment of the SJAC Commission Unionized Employees during the term of the Collective Agreement after which the Y will assume the role of employer of the SJAC Commission Unionized Employees. Emergency Use Release (m) release the SJAC Commission from any claim of the Y resulting from or caused by Emergency Use of the CGAC Building. 6. The SJAC Commission Will: (a) provide the Y with a lease or license for the full and exclusive use of the CGAC during the life of the Agreement subject to and upon the terms described therein, including without limiting the generality of the foregoing, the acceptance of the Defined Municipal Contribution amounts determined in accordance with the formula in that regard defined in the Agreement as the only payment required thereby, to be made to the Y by the participating municipalities; (b) annually submit to the GSJRFC a budget in which the net operating costs are described as being not greater than the amount determined for the year in question -10— to be the Defined Municipal Contribution. In the event the GSJRFC approves a net operating cost for the CGAC which is in excess of the Defined Municipal Contribution for that year, then the SJAC shall return the excess to the City for its distribution amongst the participating municipalities in proportion to their respective contributions; (c) on or before the 1st day of March, June, September and December of each year during the Term forward, to the Y one of four equal instalments of the Defined Municipal Contribution as received from the City;5 (d) pursuant to its powers under sub - section 6(1) of the Act, appoint the Y as its manager of the CGAC for the Term with such terms, directions, duties, functions and powers consistent with those provided for in the Agreement; (e) as the limited agent of the Y, continue as employer of the SJAC Commission Unionized Employees for the duration of the term of the Collective Agreement; (f) appoint the Y as employer of the SJAC Commission Unionized Employees following the expiration of the term of the Collective Agreement; (g) permit the attachment and access of the Proposed Y Building to and from the CGAC Building so as to provide access to and from each to the other; subject to sub - section 9(a)(ii), hereof, and all applicable regulatory requirements for approvals and permits in relation thereto; (h) appoint two persons as members of the Y's Board of Directors with authority to report to the SJAC Commission. CGAC Maintenance and Renewal Program: The Y, the SJAC Commission and the City will jointly develop a "CGAC Maintenance and Renewal Program" for the CGAC which will: (a) define the standards to which the CGAC shall be maintained during the Term in a condition fit for the purpose of the operations of the Y's programs; (b) identify those items of a non- capital nature which shall be the Y's responsibility to maintain and repair or replace as required; s The GSJRFC Act s.13(1) requires the municipal contributions to be paid by municipalities to the City in quarterly instalments on the first day of the month of each quarter. s. 13(3) requires the City to forward the quarterly instalments, including its own, to the respective managing bodies of each regional facility. Therefore by legislation unless amended, the SJAC receives the quarterly instalments from the City and must therefore be responsible for remitting this to the Y. The provision for payment herein attempts to reflect this and allow time for transfer of the Defined Municipal Contribution instalment to the Y. There does not appear to be any necessity for a provision that the GSJRFC to play any part in the payment flow from the municipalities to the Y and therefore none appears in the Proposal. (e) identify those items of a capital nature which shall continue to be the City's responsibility to maintain, repair or replace as required; and (d) provide for monitoring, reviewing and adjusting the CGAC Maintenance and Renewal Program during the Tenn. 8. The CGAC Maintenance and Renewal Program shall include an inventory of the CGAC components, machinery and CGAC Equipment of both a capital and non - capital nature, an assessment of the current age and physical condition and depreciated replacement cost thereof and any anticipated maintenance, repair or replacement required within the first five years of the Term. 9. During the Term the (a) Y will: (i) assume responsibility for all non - capital maintenance, repair and replacements to the CGAC required by the CGAC Maintenance and Renewal Program; not undertake any structural changes or renovations to the CGAC without the express written consent of the City and the SJAC Commission; (iii) on reasonable notice from the City and /or the SJAC Commission, permit the City and the SJAC Commission access to the CGAC during business hours and at other reasonable times as agreed for the purpose of inspecting the condition of the CGAC; and (b) the City will be responsible for all capital maintenance, repair and replacements to the CGAC required by the CGAC Maintenance and Renewal Program. No- Competition With Y's Operation or Programs: 10. During the Term the SJAC Commission shall not operate any programs or activities, except an endowment fund in existence as of the Effective Date, which programs or activities compete for funding or memberships with the Y Business & Operations Plan, Y programs or Y fundraising activities. Termination: 11. The Agreement shall be subject to termination upon the expiration of the Term, any renewals thereof, or the happening of any of the following: (a) damage or destruction of the CGAC to the extent that its condition is rendered unfit for the purpose of the operation of the Y's programs; (b) the bankruptcy of the Y; -12— (c) the default, refusal, neglect or inability of one or more of the Parties in the performance of the respective obligations of each of the Parties under the Act, subject to: (i) the right of the defaulting Party to remedy any such default or neglect within 30 days of receiving notice of such default from any of the other parties; or (ii) the right of the other Parties to collectively waive in writing any such default or neglect. 12. The Y Termination Plan shall apply in the event of any termination of the Agreement. Amendments, Modifications ,Waivers Severability : 13. The Agreement together with the CGAC Maintenance and Replacement Program, Y Business and Operations Plan, Y Transition Plan, Y Termination Plan and any other schedules to the Agreement shall constitute the whole of the Agreement between the Parties and no amendments or modifications to the Agreement shall be effective unless made in writing and executed on behalf of the Parties. 14. No waiver by any Party of any obligation of any of the Parties under the Agreement shall be effective except as agreed to in writing by the Parties and no such waiver shall be interpreted to be a continuing waiver or applicable to any additional act of default, refusal, or neglect of any of the Parties unless expressed in such written waiver to the contrary. 15. In the event that any provision or part of the Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. Assignments. Alienation 16. No party to the Agreement may assign its rights and/or obligations under the Agreement unless the Parties agree, in writing, to such assignment. 17. The Y shall not convey, sell, sub - license, sub - lease, mortgage, give any security on or otherwise alienate or encumber the CGAC or any prospective CGAC revenues from CGAC operations following the termination of the Agreement or any renewals of the Tenn. Binding Agreement: 18. The Agreement shall be binding on the Parties and their respective successors, receivers, and such assigns as are agreed to pursuant to the Agreement. Notice: 19. Any notice required to be given under the Agreement shall be deemed effective if sent by registered post to: -13— The Saint John YM -YWCA Inc. c/o The Chief Executive Officer XX Hazen Avenue Saint John, N.B. E2L XXX The City of Saint John c/o The City Manager P.O. Box 1971, 15 Market Square, City Hail Saint John, N.B. E2L 4L1 The Saint John Aquatic Center Commission c/o The Chairman [Insert Address] The Greater Saint John Regional Facilities Commission c/o The Chairman [Insert Address] DISPUTES: 20. The Parties shall attempt to resolve any disputes arising in relation to the Agreement through mediation, failing which the Parties may agree to nominate one member each to an arbitration panel and the provisions of the New Brunswick Arbitration Act shall apply to the resolution of any such disputes. APPLICABLE LAW: 21. The Agreement will be interpreted pursuant to the laws of New Brunswick. C9 � R 4 r N Q N � U 6 00 N a V 4 U 0 r °9 r �� N r r N "Q' N � M �e N N N� m M N Ep1 � N Q r N M trO N� 0 r Q N � U 6 00 N a V 4 U 0 r °9 r �� N r r N "Q' N � M �e N N N� m r er cq <* r N N r m r Y N N C4 K N ao} N N m c er cq <* r N m M 0 r O� �NN1 N� u7 �p rmMN�p LL] O st` r"�t�i N` 0 4jM N� N N M s O F4 � p ` M (n � �r p� M oa co O N � co to �� � tQ '?• �NM d' p� N ep t�Yjj � uri rN �v a 4 ti c` cg M Of to CA O � o O rn N � q OD a rm F rm �m i'� r•� o off t'p1 (9 Q F C to ��r0 r Q N <p N r o N�� OOII m o o a� <Off r.a 'O m Q � a m o � ci L) �a v o c c o fi) Co G j. °• lb N m 3 It m 'Q ci U U U�c� x�� D � ac �0 r w �4YgQ x w § \OD .0 & Cl q Q , a m k §§ B § � \/( k` $ � ) §( k�\ §\ �` » / \} \o/ } \§ v° � � !2 k® \ (OECD � j \\ ON \ \�k 'No° � k \ S$ ;§ � () \k} � § G ( 3 R k 0 f k co § —k k2 ! a :■$ ]§Q c F- M ) 0 3 J i)A ■oa o, ®k (k§ k � k \ S$ ;§ � () \k} � § G ( 3 R k 0 f k co § —k k2 ! a :■$ ]§Q c F- M ) 0 3 J i)A ■oa o, Joint Facility Pro Forma 2006.2013 Number of Members (estimate) Revenue (exclusive of Capital Campaign) Membership Aquatics HFR and youth Massage/pro shop Administration Regional Facilities Defined Contribution Sub total Children Services Camps Total Expenses (exclusive of project costs and cal Membership Aquatics HFR and youth Massage/pro shop Aquatic Plant Dry land plant Contingency Sub Total Childrens Services Camps Total Consolidated Contributions /Cash from Oper Children Services Camping Sub Total: Program Branches Membership Branch Building Fee Sub Total: Membership Branch Association Services Operational Capital Sub Total: Association Gross Contributions Scenario #1 for 2007 Scenario #2 for 2007 AC operates from Jan -Aug alone AC operates alone JanJune an-Au Se -Dec Total Year JanJun Jul -Dec Total Year 7/12 AC 5112 ACN Total 112 AC 112 ACN Total 2007 2007 2007 2007 2007 2007 272276 506953 779229 233379 608344 841723 334762 275000 609762 286939 330000 616939 15553 77917 93470 13332 93500 106832 103717 73750 177467 88900 88900 177800 54367 416671 95033 46600 50000 96600 280904 180646 461550 240775 200500 441275 1061579 1155932 2217511 909925 1371244 2281168 603879 603879 603878 603878 60000 0 60000 0 4442401 444240 1121579 17598111 2681380 909925 2419361 3328286 vital campaign) 2007 2007 2007 2007 2007 2007 110623 112615 223238 94820 135138 229958 237242 169458 406700 203350 203350 406700 4214 125000 129214 3612 150000 153612 70525 46667 117192 60450 56000 116450 438372 397583 835955 375748 477100 852848 1311671 131167 157400 157400 850976 982490 1843466 737980 1178988 1916967 428509 428509 420500 420500 34487 0 34487 0 2979761 297976 895463 1410999 2306462 737980 1897464 263544 2007 2007 2007 2007 2007 2007 0 175370 175370 0 183378 183378 25513 69277 94790 0 146264 146264 25513 244646 270158 0 3296421 329642 200603 173443 374046 171945 192256 364201 4167 4167 5000 5000 200603 177609 378212 171945 197256 369201 374023 241918 320592 290302 610894 20833 50000 5000374023 262752 a208833 320592 340302 660894 147808 159504 148846 186686 37949 CGAC -Y COLLABORATIVE FRAMEWORK - PRINCIPLES GOAL TO PROVIDE CLIENTS and CITIZENS BEST VALUE IN FULL RANGE OF AQUATICS AND HFR SERVICES IN AN INTEGRATED, MULTI -USE, COST EFFECTIVE COMMUNITY FACILITY USERS 1. CURRENT FACILITY USERS WILL BENEFIT FROM SEAMLESS ACCESS TO SERVICES AT BOTH FACILITIES i. Common membership card ii. Sharing of revenues iii. Definition of member iv. Marketing Plan v. Program planning 2. THE CGAC WILL REMAIN AS AN INDEPENDENT COMMUNITY LEGACY OF THE CANADA GAMES i. Maintains separate board ii. Board is the employer iii. CUPE preserves status as employee representative iv. Focus on aquatics as legacy 3. THE Y WILL REMAIN AS AN INDEPENDENT COMMUNITY NON- PROFIT SER i. ii. iv. V. VICE AGENCY Maintains separate board Allows for use of volunteers Continues to provide range of services Focus on HFR Allows for community solicitation 4. THE CGAC & Y WILL SEEK TO MAXIMIZE THE USE OF BOTH FACILITIES BY CURRENT AND FUTURE USERS i. Joint access with one membership card ii. Common marketing iii. Coordinated programming iv. Value added ie best of both v. Sufficient accessible parking vi. Pedway access l vii. Common entrance Y & CGAC 5. THE CGAC & Y WILL AVOID DIRECT COMPETITION ON SERVICE DELIVERY i. CGAC focus on aquatics & wellness ii. Y focus on HFR iii. Revenue sharing for common services 6. THE CGAC & Y WILL MAXIMIZE THE USE OF SHARED OVERHEAD AND MINIMIZE DUPLICATION OF SUPPORT SERVICES i. Common HVAC, electrical, gas, elevators, parking etc ii. No duplication back office support — accounting, HR, purchasing 7. FUNRAISING PROGRAMS WILL BE COORDINATED TO AVOID COMPETITION i. Y continues to solicit capital, operating, government ii. CGAC continues regional municipal operating support Y & CGAC WILL SHARE INFORMATION AS REQUIRED ON A TIMELY BASIS i. Support decision making during development ii. Revenue, expenses, programming once operational 9. JOINT OPERATING AGREEMENT WILL BE MINIMUM 25 YEAR TERM i. Provide stability in the workplace ii. Provide certainty for business planning for both organizations iii. Requires appropriate `out' clause for both parties 10. A JOINT OPERATIONS COMMITTEE WILL BE FORMED COMPRISED OF MEMBERS OF BOTH Y AND CGAC TO ADDRESS OPERATIONAL ISSUES `.S e., i. Provide input from both independent boards ii. Allow for regular oversight of operations iii. Allow for timely resolution of operational issues iv. Provide single point of contact for GM MUNICIPAL 11. CITY WILL RECEIVE FAIR VALUE FOR LAND CONTRIBUTION i. Land can be exchanged for improvements to Aquatic or cash 12. THERE WILL BE NO INCREASE IN MUNICIPAL FUNDING SUPPORT FOR THE CGAC i. Net financial impact on CGAC must be positive ii. Impact must be sustainable 13. THE INTEGRITY OF THE PEDWAY SYSTEM WILL BE PROTECTED i. Pedestrian access must not be restricted or impeded 14. ADEQUATE ACCESSIBLE PARKING WILL BE AVAILABLE FOR BOTH FACILITIES i. Easy front door access for drop off and pick up ii. Close, affordable parking nearby 15. BOTH PROPERTIES WILL BE MAINTAINED IN AS NEW CONDITION i. Key to maintaining and expanding client base ii. Requires maintenance /capital funding reserve iii. Avoids major /costly retrofit at a later date iv. Preserves public faith — tax dollars and donations well managed .� k ; ■ \ %l 2 I ■ � � � i ! � k� || ���2�����$ ^�{s�^ /t■ ^\ ■ \ |/ §!0 |I =C e . : } l� �$�IL k� )�# § *&§��`\ p l $7fflf££mk' I ■ � � � i ! � k� || 1 50 March 15, 2006 Mr. Norm McFarlane, Mayor City of Saint John 15 Market Square Saint John, NB E2L 4L I Dear Mayor and Council, Please allow me to introduce myself. My name is Randy Robinson and I am the Community Emergency Preparedness Officer for your municipality. As part of my duties I am available to assist you with the preparation of municipal emergency response plans and the conduct of disaster exercises and training. I would like to take this opportunity to remind you of your responsibilities as an elected official as stated within the Emergency Measures Act: Each Municipality Shall 1) establish and maintain a municipal emergency measures organization 2) shall appoint a director of the municipal emergency measures organization, and prescribe his/her duties which shall include the preparation and co- ordination of emergency measures plans for the municipality 3) appoint a committee consisting of members of its council to advise it on the development of emergency measures plans 4) prepare and approve emergency plans To assist and enable the above, New Brunswick Emergency Measures Organization conducts Emergency Preparedness Courses within various formats and of a time and location convenient for all. I have attached the 2006- 2007 training schedule offered by NB EMO for your consideration. Public Safety Brunswick C A N A D A Le 15 mars 2006 Mr. Norm McFarlane, Mayor City of Saint John 15 Market Square Saint John, NB E2L 4L1 Au maire et conseillers, securite pubnque Je m'appelle Randy Robinson et je suis I'agente de la protection civile communautaire pour votre municipalite. Dans 1'exercice de mes fonctions, je peux vous aider a dresser des plans d'urgence municipaux et a organiser des exercices d'urgence et de formation. J'aimerais vous rappeler vos taches, en tant que reprdsentant e'lu, conforme'ment a la Loi sur les mesures d'urgence : Chaque municipality 1) met sur pied une organisation municipale des mesures d'urgence et en assure le fonctionnement; 2) nomme un directeur de 1'organisation municipale des mesures d'urgence et defmit ses fonctions qui doivent comprendre la preparation et la coordination des plans de mesures d'urgence dans son territoire; 3) nomme parmi les membres de son conseil un comite charge de la conseiller sur I elaboration des plans de mesures d'urgence; 4) prepare et approuve les plans de mesures d'urgence. Pour vous aider a vous acquitter ces fonctions, 1'Organisation des mesures d'urgence du Nouveau - Brunswick offre des cours de protection civile dans divers formats, a un moment et a un endroit acceptables a tons. J'ai annexe, a titre d'information, le calendrier des cours de formation offerts par POMU NB en 2006 -2007. 2 NB EMO posts the emergency preparedness status of all municipalities in the province on our web page http://www.gnb.ca/cnb/emo- omu /report- e.htm. I have included with this letter the content of this list for your review and concurrence. It is recognized that some municipalities may have plans that NB EMO is not aware of or you may have begun the planning process and we are not aware of that. May we encourage you to begin the planning process, update your plan, or forward a copy of your existing plan to NB EMO for inclusion in our Provincial Emergency Operations Centre files. In the event of an emergency in your locale it would be of great benefit for NB EMO to have on hand a copy of your plan to aid you in planning within the event as well as assisting with the response and recovery phases of the event. A plan by its very nature is just that, a plan. You are encouraged to make utilization of our exercise - training program at the local level to practice your plan and identify any weaknesses within it. This process also serves to develop confidence within the members of the emergency operations control group. I am looking forward to hearing from and working with each of you, and if I may be of further assistance please do not hesitate to contact me at(506)453 -2133. Sincerely, L' OMU NB affiche sur son site Web un rapport d'etape pour toutes les municipalities de la province en ce qui a trait a la protection civile, a 1'adresse http: / /www.anb.ca/enb /emo -omu /report- f.htm Nous vous envoyons cette liste est annexee afin que vous 1'examiniez et que vous I'approuviez. Certaines municipalites peuvent avoir des plans on avoir entrepris le processus de planification dont 1' OMU NB n'est pas au courant. Nous vous encourageons a entamer le processus de planification, a mettre vos plans a jour ou a faire parvenir une copie de votre plan a I'OMU NB pour qu'elle puisse I'inclure dans ses fichiers du Centre provincial des operations d'urgence. En cas d'urgence dans votre secteur, it serait tre's utile pour I'OMU NB d'avoir une copie de votre plan pour vous aider dans la planification et pour vous appuyer pendant ('intervention et le retablissement. Uefficacite' d'un plan peut uniquement titre evalue'e lorsqu'il est mis en pratique. Nous vous encourageons done a avoir recours a notre programme d'exercice et de formation a 1'echelle regionale afin de mettre votre plan a 1'essai et d'en determiner les lacunes. Ce processus sert egalement a inspirer confiance aux membres du groupe de contr6le des operations d'urgence. Nous avons bien hate de communiquer et de collaborer avec vous. Si je peux vous aider, n'hesitez pas a communiquer avec moi, au (506)453 -2133. Veuillez agreer 1'expression de mes sentiments distingues. Randy Robinson Manager Community Emergency Preparedness and Training / Gestionnaire de la planification et de la formation NB Emergency Measures Organization / l'Organisation des mesures d'urgence du N -B �7 Emergency Protection Preparedness civile Atlantic atlaatique New Brunswick EMO Training Calendar Calendrier de formation de 1'OMU Nouveau - Brunswick 2006 -2007 Pre - requisite / Prealable BEM (Basic Emergency Management) /PUB (Planification d'urgence de base) • May 15 -18, 2006 - Fredericton (English) FULL Du 15 au 18 mai 2006 — Fredericton (anglais) • August 28 -31, 2006 — St. Andrews (English) Du 28 au 31 ao0t — St. Andrews (anglais) October 23 -26, 2006 — Fredericton (English) Du 23 au 26 octobre 2006 — Fredericton (anglais) • December 4 -7, 2006 — Saint John (English) Du 4 au 7 decembre 2006 — Saint John (anglais) • January 15 -18, 2007 — Miramichi (English) Du 15 au 18 janvier 2007 — Miramichi (anglais) February 19 -22, 2007 — Bathurst (French) Du 19 au 22 fevrier 2007 — Bathurst (frangais) EOC (Emergency Operations Centre) / COU (Centre des operations d'urgence) • June 12 -15, 2006 - Moncton (English) All 24 seats reserved for John Allain Du 12 au 15 juin 2006 — Moncton (anglais) • September 5 -8, 2006 — Fredericton (English) FULL Du 5 au 8 septembre 2006 — Fredericton (anglais) • November 20 -23, 2006 — Grand Falls (English) FULL Du 20 au 23 novembre 2006 — Grand Falls (anglais) • March 19 -22, 2007 — Fredericton (French) Du 19 au 22 mars 2007 — Fredericton (frangais) EPI (Emergency Public Information) / IPU (Information publique en cas d'urgence) • April 12 -13, 2006 — Fredericton (English) FULL Du 12 au 13 avril 2006 — Fredericton (anglais) Course Fees/ Frais d inscription: $150 for BEM and EOC / PUB et COU 150$ $250 for EPI / IPU 250$ $50 for all web -based training i Formation a partir du Web 50$ Course fees are not refundable / Les frais d'inscription ne sont pas remboursables "I W"*0 rr Emergency Protection Preparedness civile Atlantic atlandque Registration Form /Formulaire d'inscription To register, please forward this form and payment to / Pour vous inscrire, faites parvenir le present formulaire dument rempli accompagne de votre paiement a Padresse suivante: Lorena Stanley NB Emergency Measures Organization / Organisation des mesures d'urgence du N -B P.O. Box 6000, 65 Brunswick Street / C.P. 6000, 65 rue Brunswick Fredericton, NB E3B 5H1 Phone / Telephone: 1- 800 - 561 -4034 Fax / Telecopieur: (506) 453 -5513 Email / Courriel: lorena.stanley @gnb.ca Name /Nom: Agency / Organisme: Address I Adresse: Course Date / Date du tours: Emergency Role I Fonction des services d'urgence: Phone / Telephone: Fax / Telecopieur: E -mail / Courriel: Coding / Code: If enrolling for advanced level training, please indicate the date of attended BEP course / Si vous vous inscrivez a un tours de niveau avance, inscrivez la date a laquelle vous avez suivi le tours PUB: Registrations will be accepted on a first come first served basis. Seats are limited. Cheques can be made payable to the Minister of Finance. Course fees are not refundable. Provincial government employees can pay via journal entry with providing appropriate FIS coding. Les inscriptions seront acceptees selon I'ordre d'arrivee. Le nombre des places est limite. Les cheques doivent titre faits a I'ordre du ministre des Finances. Les frais d'inscription ne sont pas remboursables. Les employes du gouvernement provincial peuvent payer en inscrivant le code approprie au journal. 151 March 21 ", 2006 To Whom It May Concern: With regard to the April 10`h, 2006 council meeting, the concerned citizens of the Randolph /Milford /Greendale/South Bay areas request time on the floor to do a presentation and pose a series of questions to City staff, council and the independent engineer who will be speaking on the blasting and quarrying in the Saint John area. The Concerned Citizens of Bald Hill Gordon White Spokesperson Eric L. Teed, O.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2B4 Tel: (506) 634 -7324 Fax: (506) 634 -7423 Common Council City of Saint John Your Worship and Councillors; Re: Posting Signs March 15, 2006 The question of control of posting signs was previously raised before council. The question was what control can be enforced respecting signs being posted on City property such as telephone poles, hydro poles, etc. I understand the legal view then presented was that the charter provision respecting "freedom of expression" enables persons to use public property poles to advertise in this manner. I recently came across a report of a case in the Ontario Court of Appeal (Ontario vs. Miracle) which raised the same questions namely to what extent could a municipality control the placing of signs and could this be an infringement on the right of freedom of expression. I enclose a summary of the decision which I take to be that there could be situations in which a municipality could enact bylaws which would control the location and methods of sign use not withstanding such could otherwise be an infringement upon ones right of freedom of expression. I bring this to your attention for possible review of the City's position because a number of signs, bulletins and other paraphernalia upon city poles, and otherwise on the streets has become preposterous This new authority may strengthen the City's position with respect to control or perhaps prohibition of such signs. Yo2.ii6d Eri ELT /!h Enclosure `-F Highway Sign Restrictions and the Charter Real estate related cases don't often involve freedom of expression issues under the Canadian Charter of Rights and E-eedoms (tile "Charter "). However, in the recent case of Ontario (Minister (f Transportation) v. Miracle (2005), 74 O.R. (3d) 16 1, the Ontario Court of Appeal dealt with just such a challenge to the provisions of tlhe Public 7iansportation and Highway Improvement Act (the "Act ") which prohibit certain signs within 400 nhctres of Ontarios controlled access highways, unless a permit is obtained from the Minister. In this case, Miracle attached a billboard to a tractor trailer parked on land he owned abutting Highway 401. The sign was within a few metres of the Ihiglhway.'I'hc Minister applied for a warrant authorizing the removal of the sign. Miracle opposed the application on the grounds that the restrictions in the Act infringed upon his right to freedom of cxprca;ion as guaranteed by the Charter. Although the Minister conmil.•d that the restrictions were an infringement of freedom of expression, he argued they were permitted under Section 1 of the Charter as a "reasonable [limit] prescribed by law as can be denhonsnably justified in a free and democratic society." At trial, Miracle was unsuccessful, and the appealed to the Court of Appeal. The Court applied the classic test from R. v. Oakes to determine whether the infringement was justified under Section 1. Applying the Oakes test, the Court held that the objectives of the legislation (i.e. preventing visual pollution and enhancing driver safety) were pressing and substantial and that the carefully defined and restricted limitation provided by the Act was proportional with the above objectives, Therefore, the deleterious affects of tlhc mea- sures were clearly outweighed by the objectives of rile legislation, and the Charter challenge was unsuccessful. John Paythc Lang Michcner (loronto)