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1999-02-08_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL- as at February 5, 1999. 1. Meeting called to order, 7:00Pm., Monday, February 8, 1999 -prayer. 2. Approval of minutes (February 1, 1999). 3. Mayor's remarks_ 4_ Re Deputy Mayor Chase's appointment to Greater Saint John Regional Economic Develo Commission Inc_ (Mayor McAlary). pment 5. Re proposed sale of roe CITY MANAGER 6. Re future roe Property rtY at 399 Boars Head Road. Property rty at corner of Rothesay Avenue and McAllister Drive (see also item #9). 7. Re annual sidewalk vendor auction. 8_ Re City Hall lease dispute with Landlord. COMMON Proposed Zoning By -law amendment to re-zone land da et to 570 Rothesa Avenue held January 4, 1999 - 1st reading tabled). Y ue (public hearing 10. Re application of East Side Welding (1994) Ltd. for Municipal Plan and Zoning By -law amendme Property at 945 Old Black River Road (public presentation - January 4, 1999). nts re 11. Re proposed Municipal Plan amendment to Parts One, Two and Nine, as requested by the City o John (public presentation - January 4, 1999)_ ty f Saint IT 12. Committee of the Whole report (January 30, T S /COMMISSIONS g� 13. Committee of the Whole report (February 1, 1999) (1) increase in 1998 industrial Park Capita! Budget. 14. Greater Saint John Economic Development Commissions e a City ppointments. 15. Letter from FCM re highlights of National Board of rs, meeting, December 2 -5 1 16. Application of Pizzano's Pizza for Zoning By -law amendment re roe P p sty at 120 McDonald Street. Letter from Indiantown Neighbourhood Watch re potentially dangerous situation near Rob u Park in North End. Robertson Square are 18. Letter from Horst Sauerteig re open and closed sessions. 19. Application of Sandra L. Bell McKenney /Brian McKenney for re- zoning of property at 1022 Millid e 20. Application of Douglas McCaig and Austin Sleigh for amendment to Section 39 conditions of re -zo 1922 Manawagonish Road. g Avenue. 21. Letter from Dynamic Construction Corporation Ltd. re invoice for land rental. rnng of COMMITTEE OF THE WHOLE. 22. 4.30 p_m. - Presentation of Brian Vaughan grievance. 23_ Nominating Committee report. 24. Request of Saint John Fire Fighters' Historical Society to meet re Old #2 Engine House. 25. Letter from 57 King St. Ltd. re land lying north of 57 King Street. 26. (a) Re proposed agreement with Total Golf Management Inc. (tabled January 11, 1999) (b) City Manager's report further to above. 27. Re Old General Hospital site (City Manager). 28. City Manager's update. 29. Mayor's update. 30. Re Old General Hospital site (City Solicitor). EGAL SESSION OF office of the Mary L. Munford Common Clerk Common Clerk February 15,1999 Mr. David G. Barry Chairman Enterprise Saint John 40 King Street Saint John, NB E2L 1G3 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- " RESOLVED that Deputy Mayor Derek Chase be appointed to Greater Saint John Economic Development Commission Inc. for a term to expire March 31, 2000." Yours truly, ` Air2 ",r.0 k Mary L. unford Common Clerk MLM:sc 7 - '1 City of Saint John f xgnr's Oifcre February 4, 1999 OPENSESSION Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Deputy Mayor and Councillors: ,saint 304n K �3. The attached letter has been received from the Chairman of the Greater Saint John Economic Development Commission. We have previously discussed this issue in Committee of the Whole; however, perhaps it might be prudent for us to rescind our former motion, which was to appoint Deputy Mayor Chase for a three -year term and introduce a new motion to appoint the Deputy Mayor for the balance of the term of former city appointee, Mr. John Thomas, which would be until March 31, 2000. This would be in accordance with how we have filled the other remaining appointments. Yours sincerely, ` Yea G'V{/ G Shirley A. MAYOR SM/meg P O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 4L1 • (606) 658 -2912 TE"RJS 10 King Reroafce Centre l'1� $0 Kin Stnz2 saint John, IVesv Bnmsl i k S � JOHN FaLpha F-1 (5 0) 6 Td�phone (5(X�) G58 28 "— Toll Frce i Roo s61-287 Facsimile (506)M-2872 February 1, 1999 DELIVERED BY HAND City of Saint John Office of the Common Clerk 15 Market Square Saint John, N.B. ATTENTION: Mary L. Munford, Common Clerk Dear Ms. Munford: have your letter of January 14" advising of the appointment of Deputy Mayor Derek Chase to the Greater Saint John Economic Development Commission, Incorporated for a three -year term. Deputy Mayor Chase is replacing John Thomas, a City appointee who resigned. His term was for two years and would have expired on March 31, 2000 or on the appointment of his successor, whichever is the later date. Accordingly it would be appropriate to rephrase the resolution to the effect that Deputy Mayor Chase has been appointed to the Commission to replace John Thomas for the balance of his term. Your very truly, Enterprise Saint John DGB /dac c.c.: Mayor Shirley McAlary Steve Carson, Manager Greater Saint John Economic Development Commission Deputy Mayor Derek Chase Together we're greater: • Plus forts ensemble! Grand Bay- Westfield • Quispamsis • Rothesay - Saint John FEB 2 1999 n~ office of the Mary L. Munford Common Clerk Common Clerk February 15,1999 Revernd Walter Perry First Wesleyan Church 399 Boars Head Road Saint John, NB E2K 5C1 Dear Sir: P.O. Box 1971 506 658 -2862 Saint john New Brunswick Canada E21- 41.i At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, Common Council authorize the sale of a five - acre { - portion of NBGIC Number 00051771, located to the rear of the First Wesleyan Church at 399 Boars Head Road, as generally shown on the submitted plan, to the First Wesleyan Church, for the purchase price of $4,950, plus subdivision and related land transfer fees, and the Mayor and Common Clerk be authorized to execute the deed." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. Aunford Common Clerk MLM:sc 5 M &C99 -33 February 8, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT 399 Boars Head Road BACKGROUND City of Saint John The First Wesleyan Church located at 399 Boars Head Road has requested the purchase of a five acre portion of City land located to the rear of the Church property. Staff have reviewed the request and authorized an appraisal of the subject land. Based upon the appraisal, the Church has offered to purchase the subject land for the appraised market value plus 10 %. The purpose of this report is to present the Church's request to Council for consideration. ANAINSIS 1. Strategic Plan Conformity /Existing City Poficy It is City policy that lands not needed for a current or future municipal purpose be deemed surplus and publicly advertised for sale. Where public advertisement is not practical, land can be sold for its appraised market value plus 10 %. In this instance, the Church is requesting the purchase of a portion of a larger parcel, (which backs onto their existing lot). Public advertisement for the purpose of this sale would not yield any bids other than that submitted by the Church. Report to Common Council February 8, 1999 Page 2 2. The Subject Proper NBGIC #00051771 The City of Saint John owns a 70 acre parcel which runs along Woodward Avenue, across from the Cedar Point Subdivision and wraps around Cedar Point Trailer Park. The parcel is rugged and rocky at best, but may be conducive to residential development (at sometime in the future). 3. The Offer The First Wesleyan Church located at 399 Boars Head Road has expressed an interest in acquiring a five acre portion of NBGIC #0051771 (see attached plan). The Church would like to expand its parking area and in the future, may construct senior housing. The subject portion of NBGIC #00051771 was appraised by de Stecher Appraisals Ltd. The estimated market value of the subject portion was $4,500. In keeping with City policy, an offer of $4,950 (market value plus 10 %) plus subdivision and related land transfer fees was presented to the Church. The Board of Administration of the First Wesleyan Church has accepted the terms of sale and would like to move forward on this matter. 4. Input From Other Sources Prior to initiating an appraisal of the subject portion of NBGIC #00051771, Real Estate and Facility Management reviewed the file for the subject land. The subject land was publicly offered in the past with no acceptable bids being received. The Church has expressed interest in the land for sometime and in 1990, had prepared a draft development plan for a 10 acre portion of the aforesaid land. The current land request is for a scaled down version of the 1990 development proposal. Since the subject portion of NBGIC #00051771 does not front on a public street, it must be consolidated with 399 Boars Head Road. Subject to Council's approval of this sale, the City will initiate the required plan. Report to Common Council February 8, 1999 Page 3 Financial Implications The sale of the subject portion of NBGIC #00051771 will generate $4,950 in revenues. RECOMMENDATION Your City Manager recommends that Common Council authorize the sale of a five acre f portion of NBGIC # 00051771, as generally shown on the attached plan, to the First Wesleyan Church for the purchase price of four thousand nine hundred and fifty ($4,950) dollars plus subdivision and related land transfer fees; and that the lvlayor and Common Clerk be authorized to sign the decd. Respectfully submitted, ,5. e. 2. Sid Lodhi, P. Eng. Manager and Facility Management / ,Y. Claude MacKinnon, P. Eng. {/C,,Vner `eat & Develo s ent Services s Terrence Totten, C.A. City Manager F -.K W ' •, ` .__ '�_ f° Z.T. . N -- � / �� •• � ` �, f - � Aga 4�' l .9553 '. �_ ,,\, •� . } o.� r 4 + Subject Portion'% 5 acres Cedar Point,�Z `Is_ 17 City Land 4b i Plan 1 This plan is an il.lustra•tion of the general location and configuration of the subject portion of NBGTC # 00051771 behind the First Wesleyan Church at 399 Boars Head Road. REPORT TO COMMON COUNCIL M &C 99- 35 February 4, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Future Property Requirements at the Corner of Rothesay Avenue and McAllister Drive. BACKGROUND: City of Saint john Council has requested additional information regarding the City's future requirements for property at this intersection to complete a proposed link to the Throughway. Council expressed a concern that the City might sell property that will be required for future road improvements recommended by the Transportation Study. It is anticipated that this study will be completed and presented in March. ANALYSIS: Staff has consulted the Consultant conducting the Transportation Study with respect to our future land needs at this intersection. It is his opinion, expressed in a letter of February 4, 1999, that "No additional right -of -way would be required on the south side of Rothesay Avenue or on either side of McAllister Drive. " RECONEUENDATION: That Council receive and file this report. submitted, �PattrGroody, P. Eng. ommi loner, Municipai;�Operations Terrence L. Totten, C.A. City Manager AV ftM CONSULTANTS LTD February 4, 1999 335 Queen street P.O. Brno 207 Froderloton Mr. Paul Groody Commission of Municipal Operations P.O. Box 1971 15 Market Square 7' Floor, City Hall Saint John, NB E2L 4L1 RE: PROPOSED STREET Dear Mr, Groody: As you have requested, I have sumj recommended in the Saint John Tra Rothesay Avenue /McAllister Drive be submitted on March 1, 1999, fol A total of 23 potential network improve traffic network simulation model as the combined and formed part of 25 netwo: respect to their effectiveness in address. John area for a 20 year design period. will recommend a combination of netwE the 20 year design period to address am During the study process, a detailed ev McAllister Drive area. One improvem impacts on the Rothesay Avenue /McA1 Throughway and McAllister Drive. Al implementation plan, it is recommender that construction is possible in the long Our analysis indicates that when this co. interchange with ramps constructed at d at grade with the existing Rothesay Ave would have to be relocated in this area i constructed. www,fga.nh.ax TRANSPORTATIONPLANNIt HIGHWAY ENGINEERING ECONOMrO /FINANCIAL STI New Brunswlak Canado E3B 4Y4 Tel: 304 458 -8465 Fox, 804 452 -2729 Email, tga@fpa,nt5.ea 724 -03 LMPROVEMENTS IN THE i below the improvements which are being ttion Study that would impact on development in the action area, The final report for the above study will by a presentation to Common Council a week later. ent options were evaluated during the study using a ialytical tool. These improvement options were then improvement packages which were evaluated with the travel demand requirements throughout the Saint le final report of the Saint John Transportation Study improvements which should be implemented over n;iz and future travel demand. 4on was completed in the Rothesay Avenue/ option which bas been evaluated that specifically .r Drive intersection is a connection between the ugh this option is not included as part of the 20 year at the corridor for this connection be protected such nection is made, there should be a graded separated Throughway, along with a four lane street to connect ue /McAllister Drive intersection, The railway line Irther north to permit an overpass of the tracks to be URBAN /REGIONAL PLANNING POLICY DEVELOPMENT FEASIBILITY & IMPAGTSTUDIES MARKET RE;SEAROH )IES TOURISM STUDIES 7 ':Java 6662 Z56 405 31NV11nSXQ0 v03 Gf7: 0 I (nx.L) 66 . tPO 'EIZd Mr. Paul Groody, P.Eng. February 4, 1999 Page 2 Grades along McAllister Drive and Ro interchange in this area without substm recommended this intersection be at gr provided, Any land necessary for stye( Rothes$y Avenue. No additional right. Avenue or on either side of McAllister esay Avenue make it very difficult to construct an .al impacts on development. Therefore, it has been !e with appropriate through and turning lanes construction will be required on the north side of F way would be required on the southside of Rothesay I trust the above discussion helps you ' assessing right-of-way requirements for street construction in the Rothesay Avenue Allister Drive area. If you have any further questions please contact me. Yours truly, dove, 60 Don Good, P.Eng. President FG CONSULTANTS L'rP 6 '3VVd 6ZLZ ZSb 905 S.I.NV17flONOD Vol 6b-'0T (f1H.L) 66 - VO -H33 F;�-F-JPGIRT TO COMAAGN CO"UNCIL" OPEN SESSION M &C99 -34 February 3rd, 1999 Her Worship Shirley McAlary and Members of Common Council Your Worship and Councillors: Sidewalk Vendor Auction BACKGROUND C S A " yj- �= a5,9 City of Saint John The City of Saint John held its first annual auction for sidewalk vendors in 1994. The auction provided specific sidewalk sites and /or metered vehicle sites for interested persons to bid on for the purpose of establishing mobile vending operations. A total of 18 sites were approved by Council at that time. Licenses were awarded to individuals based on the highest bid submission for each site. During the years subsequent to 1994, there had been considerable dialogue among sidewalk vendors, local businesses, Saint John Police Force, Common Council and other affected parties concerning the number and location of the sites. The need to add /delete sites in the uptown area is closely tied to the number and location of evening entertainment facilities and the number of persons interested in purchasing site(s). 2 ANALYSIS 1. Strategic Plan Conformity /Existing City Policy Appended to this report is a history of sidewalk sites sold at auction beginning in 1994 through to 1998. Council will note that although the number of approved sites available for auction has been increased from 18 to 25, the number actually sold has diminished over the period from 18, to a low of 11 in 1998. Additionally, the number of persons interested in purchasing sites has diminished to 3 in 1998. Also, the 11 sites sold last year were purchased for the minimum bid price of $200. There was no competitive bidding. Given the patterns which have developed over the past 5 years, staff feel that it is appropriate to recommend changes to the annual auction which, while still meeting the needs of the vendors and the Community, will simplify the administrative process and provide offsetting revenue. The absence of competitive bidding in 1998 would seem to suggest prior agreement between bidders. This being the case, there is sufficient rationale for increasing the minimum bid price substantially. Council will note that in previous years, some prime sites sold for in excess of $1500. Site #6 sold for $2,850 in 1997. Experience has shown that several sites, although initially requested by vendors, are not strategically located and therefore not viable. It is therefore recommended that these sites not be available for auction. There would then be 12 sites available for auction. Council may also recall that one metered vehicle site was removed from the list in April of last year, (formerly Fat Freddie's site #C). The sites that are recommended to be deleted are as follows: 4 sidewalk in front of NBGIC #55026413 at Smythe Street; 5 sidewalk in front of NBGIC #9555; #18556; and #11353 at Water Street; 7 sidewalk in front of NBGIC #7252; #11189; #11197; and #11203 at Prince William Street (160 -168 Prince William Street); 8 sidewalk in front of NBGIC #37051, #39925; #37069; and #37077 at King Street (53 -69 King Street); 9 sidewalk in front of NBGIC #39420 at Germain Street (City Market, Germain Street Entrance); 10 sidewalk in front of NBGIC #37218; #55056840; and #37226 at Union Street (130 -144 Union Street); 14 sidewalk in front of NBGIC #331330 -F at Loch Lomond Road and little River Reservoir Park; 17 on NBGIC #307867 at 115 McAllister Drive (between Simonds Arena and the city sidewalk); (Site not available during the month of December or Atlantic National Exhibition Week) 18 NBGIC 446633 at 501 Kennebecasis Drive (Tucker Park); 19 NBGIC 414276 at 20 Magazine Street (Fort Howe); A (metered vehicle Site) the space on the east side of Prince William Street between the parking meter space #678 and parking meter space #679; B (metered vehicle site) the space at Kings Square South immediately to the west of the westerly boundary line of parking meter space #623; 2. Financial Implications As previously noted, the absence of competitive bidding in 1998, resulted in a significant loss in revenue to the extent that the City's administrative costs and advertising costs were greater than the revenue generated. The imposition of a higher minimum bid price could correct this inequity. RECOMMENDATION Your City Manager recommends the following; The minimum bid for the purchase of annual sidewalk vendor licenses be increased from $200 to $600. 4 2. The number of available sites be reduced to 12; sidewalk in front of NBGIC #37002 and #40139 at Market Square and St. Patrick Street; 2 sidewalk at NBGIC #55025530 and #55022834 at St. Patrick Street (Entrance to Market Square); 3 sidewalk at NBGIC #55025530 and #55022834 at St. Patrick Street (Area up from Market Square Entrance); 6 sidewalk on Prince William Street in front of NBGIC #8987 (corner of Prince William and Princess Streets); 11 sidewalk in front of NBGIC #32227 at intersection of North King Square and Charlotte Street; 12 sidewalk in front of NBGIC #39982 at King Street and Charlotte Street; 13 sidewalk in front of NBGIC #32227 at intersection of King Street and Charlotte Street; 15 sidewalk on Canterbury Street in front of NBGIC #8987 at the corner of 55 Canterbury Street and Princess St; 16 sidewalk in front of NBGIC #436675 at McAllister Drive (Across from Highmeadow Park in between 600 and 640 McAllister Drive); 20 sidewalk in front of NBGIC #8995 at corner of Princess and 111 Prince William Street; 21 sidewalk in front of NBGIC #11429 at 113 --115 Prince William Street (currently Ryker's Island); 22 sidewalk in front of NBGIC #11437 at 125 Prince William Street (currently Pillars); 3. The Building inspector's Office be authorized to advertise for and conduct a sidewalk vendor's auction to be held on Tuesday, April 6t', 1999, subject to the attached terms and conditions; and 4. This report be received and filed. Respectfully submitted, Wm. Edwards, P. Eng. Man er r Claude MacKinnon, P. Eng. Commi sioner nvir ment and D el pment Services Terrence Totten, CA City Manager W Ellfd Encl. Sidewalk Vendor Auction History Profile 1994 — proceeds of $7,396 18 Sites — all sold 1 — ($1,025) to Atlantic Vending 2 — ($2,550) to Atlantic Vending 3 — ($1,725) to Atlantic Vending 4 — ($200) to Guy Bourque 5 — ($100) to Guy Bourque 6 — ($25) to David Cossaboon 7 — ($1) to David Cossaboon 8 — ($100) to Michael Melvin 9 — ($50) to Iraj Samimi 10 -- ($2) to David Cossaboon 11 — ($500) to Michael Melvin 12 — ($150) to Iraj Samimi 13 — ($700) to Michael Melvin 14 -- ($75) to Michael Melvin 15 — ($75) to Gerald Bourque A — ($26) to John Kehoe Fat Freddies B — ($52) to David Cossaboon C — ($40) to John Kehoe Fat Freddies No minimum bids in effect 1995 — proceeds of $8,625. 24 sites — 16 Sold 1 — ($200) to Guy Bourque 2 — ($500) to Guy Bourque 3 — ($1,700) to Michael Melvin 4 — ($200) to Andre LaChance 6 — ($500) to Guy Bourque 8 — ($200) to Atlantic Vending 11 — ($750) to Atlantic Vending 12 — ($300) to Atlantic Vending 13 — ($200) to David Cossaboon 14 — ($200) to Dickie Dee Ice Cream 15 — ($200) to Gerald Bourque 17 — ($200) to Gerald Bourque 20 — ($200) to Guy Bourque 21 — ($1,050) to Atlantic Vending A — ($1,725) to Atlantic Vending C — ($500) to John Kehoe Fat Freddies Minimum bids in effect 1996 — proceeds of $7,325 25 sites — 14 sold 1 — ($200) to Guy Bourque 2 — ($200) to Guy Bourque 3 — ($200) to Guy Bourque 6 - ($950) to Guy Bourque 8 — ($200) to Atlantic Vending 11 — (250) to Atlantic Vending 12 — ($200) to Guy Bourque 13 — ($200) to Guy Bourque 15 — ($200) to Guy Bourque 16 — ($200) to Robert O'Donnell 20 - ($925) to Atlantic Vending 21 - ($1,700) to Atlantic Vending 22 — (1,150) to Atlantic Vending C — ($750) to John Kehoe (Fat Freddies) 1998 — proceeds of $2,200 25 sites — 11 sold Alan Mockler operated all of Guy Bourque's sites in 1998 1 ($200) to Guy Bourque 2 ($200) to Guy Bourque 3 ($200) to Guy Bourque 6 ($200) to Alan Mockler 11 ($200) to Guy Bourque 12 ($200) to Guy Bourque 13 ($200) to Guy Bourque 16 ($200) to Max Wilson 20 ($200) to Guy Bourque 21 ($200) to Guy Bourque 22 ($200) to Alan Mockler N 1997 -- proceeds of $94,650 25 sites — 14 sold 1 - ($200) to Guy Bourque 2 - ($200) to Atlantic Vending 3 - (850) to Atlantic Vending 6 - ($2,850) to Atlantic Vending 11 - ($200) to Shandra Leavitt and Charlene LeBlanc 12 — ($200) to Guy Bourque 13 — ($200) to Guy Bourque 15 — ($2,625) to Atlantic Vending 16 — ($200) to Max Wilson 17 — ($200) to Aqualine Seafoods 20 - ($1,750) to Guy Bourque 21 - ($2,800) to Atlantic Vending 22 — ($1,625) to Atlantic Vending C — ($750) to Tom Mosher AUCTION OF VENDOR SITES TERMS AND CONDITIONS Twelve (12) Sidewalk Vendor Sites Any person who peddles or hawks goods on the streets and sidewalks of the City of Saint John is subject to requirements of the Peddlers and Hawkers By -law. Additionally, any person who sells from a stand on the sidewalks or streets of the City of Saint John is subject to the Sidewalk By -law. Licenses for locations to sell from a stand are established by competitive bid (public auction). TERMS AND CONDITIONS A license to sell from a stand (Sidewalk Vendors License) entitles the holder to exclusive rights to locate a stand at the site identified (except site 2 and site 3, which share a site). 2. Holders of a Sidewalk Vendors License are required to also obtain a Peddlers License, pursuant to the Peddlers and Hawkers By-la . 3. Operation period for a Sidewalk Vendors License shall be for a one year period (May 1 st - April 31 st). 4. Method of payment: successful bidder for a Sidewalk Vendors License shall pay the full amount at the time of the auction. Payment will be in cash, by personal cheque, VISA, MasterCard or Interact. 5. If a Sidewalk Vendor's License is issued, the Licensee is prohibited from transferring, subleasing, assigning, sub - contracting or any disposition of said License. 6. Successful bidders for a Sidewalk Vendors License must satisfy requirements of the Sidewalk By-law. 7. The sidewalk vendor sites are to be offered by competitive bid. There is a minimum bid of $600 and sites are indicated on the attached maps, and described in Schedule A. IMM 8. Where a Health Permit is required for preparation and sale of food products, possession of the Health Permit is a requirement. 9. Notwithstanding the allocation of these sites on a competitive bid basis, Council may issue a limited number of short -term licenses where it has been determined that they will not compromise the annual licenses. 10. There may be private sites near City offered sites which property owners may use or lease out privately which do not fall under the jurisdiction of the Sidewalk By -law. 11. During winter snow removal carried out by the City of Saint John Works Department, all sidewalk vendors must comply and remove their stands and /or vehicles for snow removal purposes. 12. If all the sidewalk sites are not auctioned off at the annual auction, the remaining sites will be available at the Building & Technical Services Department on a first come /first serve basis for the minimum fee. 13. Failure to comply with any or all of the above conditions may result in the license being revoked. E (••ir r •,TO 0 }r ,.r iF r"O ii M &C99 -37 OPEN SESSION February 5, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Councillors; Re; City Hall Lease dispute with Landlord Background t�' City of Saint John The City of Saint John renewed its lease for approximately 151,000 square feet of floor space in the City Hall building for a ten -year period beginning May 1, 1996 and expiring on April 30, 2006. The lease provided that the annual rental due in each year of the renewal period would be fixed at the amount established during the base year (May 1, 1995 to April 30, 1996) regardless of the actual cost of operating the building each year thereafter. The City subsequently disputed the determination of the base year amount. The Landlord acknowledged that the base year costs were higher than in previous years but countered that the costs incurred were permitted and appropriate under the terms of the lease. The gross rental cost established by the Landlord, for the base year, was $1,938,242, which would produce a total rental of $19,382,420 during the term of the lease. Accordingly, for every dollar removed during the base period the City would save ten dollars. Subsequent negotiations with the Landlord yielded a series of adjustments that reduced the base rent to $1,845,000 or $18,450,000 in total over the renewal period. While the agreed upon adjustments would result in a significant saving to the City, staff took the position that the rental amount remained excessive given the historical operating costs of the building. A notice of legal action was eventually filed by the City and later discontinued based on both parties desire to seek a mutually satisfactory agreement. The subsequent round of negotiations centered on three key issues, the calculation of realty taxes, the calculation of operating costs, and cost sharing of needed building improvements. The issue of surplus floor space was also addressed although it was not considered to be part of the lease dispute. The negotiations concluded with the attached Memorandum of Understanding dealing with each of the outstanding issues. ANALYSIS Pro per(y Taxes The existing lease provides that the City's proportionate share of property tax costs incurred in the base year less $107,000 will be the charge applied in each of the 10 years during the renewal term. The original base year amount billed was $616,000 despite the fact that a successful property tax appeal subsequently reduced the actual taxes to $328,275. Although the Landlord later agreed to adjust the annual amount to $521,800 the City would still be paying over $143,000 yearly in excess of actual costs. The memorandum provides that the City's share of property taxes will now be based on the actual property taxes billed each year. The City will pay its proportionate share of the amount by which the annual taxes exceed $107,000. Operating Costs The dispute over operating costs centered largely on a number of significant expenditures incurred in the base year that, because of the fixed rate provision, would result in the City paying for each item 10 times over. The agreement will have the City pay its proportionate share of these expenditures ($152,000) one time only on a lump sum basis. The agreement also anticipates moving from a fixed rate rental amount ($1,013,875) for operating costs to a rent based on the City's proportionate share (73.87 %) of actual annual operating costs in excess of $175,000. This change will effectively resolve the issue of an inflated base year cost, provide some measure of protection to the Landlord against future cost increases and ensure the City pays only its fair share of actual operating costs. It also allows the City to benefit from any measures that would result in reduced operating costs in future years_ Building Improvements The proposed agreement distinguishes between improvements requested by the City and those deemed necessary by the Landlord. The City will be responsible for its share of building renovations that it has requested of the Landlord. Both the nature and cost of the work must be agreed to in writing prior to the commencement of the work. While the City recognizes that it is necessary for the Landlord to make periodic improvements to the building, it was also deemed necessary to cap the potential liability for costs that the Landlord could seek to recover as rent. The agreement contemplates that for building repairs and improvements initiated by the Landlord, the City will be obligated to pay its related share of costs subject to certain limits ($25,000 per item, and $80,000 per year and $500,000 in total during the remaining term of the lease). Given the state of the building, it is anticipated that the landlord will take full advantage of this provision. City initiated building improvements will be considered during the annual capital budgeting process and may be paid for in full or amortized over the remaining term of the lease as additional rent. Surplus Space Although not a matter of dispute with the Landlord, the issue of surplus space represents a significant cost factor for the City. Each floor of office space costs the City approximately $125,000 annually. The City currently has two floors of surplus space with the likelihood of an additional floor becoming available as departmental consolidations and relocations continue. A move by the City Police would free up three more floors as well as areas on the lobby level. The memorandum of understanding foresees the Landlord undertaking to secure tenants to sublet the City's surplus space on the top three floors of the building on a "best effort" basis. The City would receive credit for new rental revenues less the cost of any tenant inducements provided to secure the new tenant. The prior written agreement of the City is required to both lease the space and offer tenant inducements. This arrangement does not reduce the City's liability for rent under the existing lease but it does offer the advantage of having the Landlord, who is in the property management business, actively seeking tenants for the available floor space. The City will also realize the financial benefit of the net revenues derived from any new tenants. Financial Implications At the outset of the lease dispute, the projected rent cost during the term of the lease was $19,382,000. Negotiated adjustments reduced this fixed amount to $18,450,000. The proposed agreement would result in the City paying approximately $16,000,000 in gross rent (assuming a two- percent inflation rate for actual operating costs) and its proportionate share of approximately $500,000 in Landlord initiated improvements during the same period. Any saving in rental costs that might flow from new sub- tenants has not been considered nor has any additional cost for City initiated improvements. The net result is a projected reduction in costs of up to $1,950,000 ($2,800,000 less than originally billed by the Landlord) during the term of the lease. As the City has been paying the Landlord based on the rental rate set in 1996, an immediate net credit adjustment in favor of the City in the amount of approximately $800,000 will be available. Sutnmaty The attached Memorandum of Understanding effectively resolves the key issues in the lease dispute with the Landlord. A move away from a fixed rate lease ensures the City only pays its share of actual operating costs and property taxes and affords the Landlord some protection against cost increases. The agreement also provides a cost sharing mechanism for building improvements initiated by either the Landlord or the Tenant. In addition, the Landlord has agreed to actively assist the City in securing sub - tenants to occupy surplus floor space. The provisions of the Memorandum provide that the City will benefit from a reduction in overall rental costs during the term of the lease while the Landlord secures a `Grade A' tenant and can undertake some needed building improvements on a cost recovery basis. Equally, both parties avoid a time consuming and costly court action. Staff are satisfied that the proposed changes represent a fair and reasonable resolution of the rental disagreement. Recommendation That Common Council accept the terms proposed in the attached Memorandum of Understanding, dated December 2, 1998 and that the Mayor and Common Clerk be authorized to execute an amendment to the City's lease of premises within the City Hall building, reflecting those terms. Respectfully submitted, J. atrick Woods CGA Deputy ity Manager Gtiz�, v e./,),--, Terrence L. Totten CA City Manager This memorandum has been furnished As An enclosure to a fax dated December 2, 1998 "Without Prejudice" MEMORANDUM Re: Saint John City Hall — Lease Negotiations We would propose the following to be incorporated into a lease amending agreement to be effective May 1, 1996. 1. All payments for taxes under the lease as renewed will be based on the actual taxes paid in each year, so that the City pays its proportionate share of the amount by which the annual real property taxes exceed $107,000. 2. All Landlord expenditures for which reimbursement could be sought under the lease can be divided into 3 categories: a) Expenses incurred in the day to day maintenance and repair of an office building on items which are not discretionary, and in accordance with usual industry practice, e.g. energy, security, cleaning, property management and insurance; b) Expenses incurred on items which are discretionary and which are done at the express written request of the City; c) Other discretionary items which the landlord may propose — including an expenditure made to reduce category (a) expenses, e.g. more efficient HVAC equipment. We propose the City pay; i. its proportionate share of the amount by which the expenditures for items in category (a) exceed the base amount of $175,000; ii. its proportionate share of the cost of items in category (b); The Landlord and City will agree in writing prior to the commencing of work; to the scope of the work and the cost to be amortized over a specified period of time, together with interest at prime + 'I 'h %. The cost of work done by third parties will be the out of pocket cost to the Landlord based on competitive bids. The cost for work done by the Landlord's staff will not exceed the amount which others in the Saint John area would charge for such work. If there are any category (b) items, which are for the sole benefit of the City, the City is to pay the entire cost thereof. iii. its proportionate share of the cost of items in category © where; The cost of each individual item does not exceed $25,000 provided that the aggregate amount of all such items does not exceed $80,000 in any one year, or $500,000 in total during the remaining term of the lease. Or, the City agrees in writing prior to the commencement of such work, to pay all or some other portion of such cost. 3. We recognize that the City has space in excess of its needs. We will seek tenants on your behalf for floors 12, 14 and 15 and pay all costs related to securing such tenants (the "New Tenants ") on the understanding that the release by the City of space to be leased to the New Tenants will not reduce the City's obligation to pay rent, but that the City will be credited with the "Gross Effective Rent" for such space received from any such tenant up to the aggregate amount the City is obligated to pay for such space, and with one half of any additional Gross Effective Rent received from such tenant. The Gross Effective Rent" means the aggregate of all monies paid by the new tenant in connection with its tenancy as rent or additional rent, less an amortization (over five years), of New Tenant Costs incurred by the Landlord, including leasing commission, free rent, tenant allowance and cost of Landlord's work and imputed interest on the unamortized portion thereof of prime plus 1 '/2%. In any event, only those New Tenant Costs incurred with the prior written consent of the City will be included in the calculation of the gross effective rent amount. If the tenancy of a new tenant is terminated prior to the end of the stated initial term of such new tenant's lease as a result of bankruptcy, abandonment or other breach by the new tenant, the City will be responsible for such portion of the amortization of the nets tenant cost which would have been paid during the balance of the term of the City's lease, which amounts shall be debited to the City's rental account and be paid monthly. In order to attract a principal tenant for such space, the City is to agree to the erection of one or more tenant identification logos on the exterior of the upper floors of the building and to cooperate in obtaining any required permits or consents to such signage on the proper application therefor. The City and RPC will acknowledge that if upon the expiry of the present term of the City exercises its option to purchase the building, it will assume the new tenancies. If the City elects to renew its tenancy, such renewal will exclude any space then leased pursuant to the new tenancies and the City shall not thereafter receive any benefit from or be subject to any obligations in connection with such space. l2 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Saturay, January 30, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as requested by Saint John Industrial Parks Ltd., Common Council authorize a $300,000 increase in the approved allocation f r the 1998 Industrial Park Capital Budget, such additional funding to be used to com�ete payments on outstanding projects, the majority of which would be applied to Alloy Drive. Res ctfully submitted, February 8, 1999 Shirley Mc ary Saint John, N. B. C h a i r m a n. a4,.,( X/ lwy �a. Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 February 15, 1999 Mary L. Munford Secretary Saint John Industrial Parks Ltd. 8th Floor, City Hall P.O. Box 1971 Saint John, NB E2L 41_1 Dear Madam: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely : - " RESOLVED that as requested by Saint John Industrial Parks Ltd., Common Council authorize a $300,000 increase in the approved allocation for the 1998 Industrial Park Capital Budget, such additional funding to be used to compete payments on outstanding projects, the majority of which would be applied to Alloy Drive." Yours truly, 1 � Mary L. 44unford Common Clerk MLM :sc 7`1� City of Saint john f� 1 1. That as recommended by the City Manager the present arrangement between the City of Saint John and Blue Cross of Atlantic Canada be terminated as at midnight, February 28, 1999 and the City of Saint John and its employees accept the following: (1) the proposal of Atlantic Dental Services Corporation for the provision of dental services based on a fee of 3.5 % of paid claims for a period of 5 years; (2) the proposal submitted by RXPlus for the processing of all prescription drug claims at a fee of $1.30 per claim, guaranteed for 5 years; (3) Clark Administrative Consultants Ltd.'s proposal for the provision of vision, hospital, and extended health care coverage, guaranteed for 5 years at 3.5 % of claims paid; (4) travel insurance coverage be awarded to American Home Insurance Company through Clark Administrative Consultants Ltd., at a fee of $53,584.40, for the first year with such fee to provide coverage to the employees of the Board of Police Commissioners of the City of Saint John as well; and further that the City's accepting the foregoing proposals is conditional upon those proposals being available to the employees of the Board of Police Commissioners for the City of Saint John on the same terms and conditions. l� To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, February 1, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the City Manager, the present arrangement between the City of Saint John and Blue Cross of Atlantic Canada be terminated immediately, and the City of Saint John and the Saint John Board of Police Commissioners and their employees accept the following: (1) the proposal of Atlantic Dental Services Corporation for the provision of dental services based on a fee of 3.5% of paid claims for a period of 5 years; (2) the proposal submitted by RXPlus for the processing of all prescription drug claims at a fee of $1.30 per claim, guaranteed for 5 years; (3) Clark Administrative Consultants Ltd.'s proposal for the provision of vision, hospital, and extended health care coverage, guaranteed for 5 years at 3.5% of claims paid; and (4) travel insurance coverage be awarded to American Home Insurance Company, through Clark Administrative Consultants Ltd., at a fee of $53,684.40, for the first year. Respectfully submitted, February 8, 1999, Shirley McAlary, Saint John, N.B. C h a i r m a n. 1311 office of the Mary L. Munford Common Clerk Common Clerk February 15,1999 P.O. Box 1971 506 658 -2802 Saint John New Brunswick Canada B2L 4L1 Mr. Edward Keyes Chairman Saint John Board of Police Commissioners 14th Floor, City Hall P.O. Box 1971 Saint John, NB E2L 4L1 Dear Sir: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, the present arrangement between the City of Saint John and Blue Cross of Atlantic Canada be terminated immediately, and the City of Saint John and the Saint John Board of Police Commissioners and their employees accept the following: (1) the proposal of Atlantic Dental Services Corporation for the provision of dental services based on a fee of 3.5% of paid claims for a period of 5 years; (2) the proposal submitted by RXPIus for the processing of all prescription drug claims at a fee of $1.30 per claim, guaranteed for 5 years; (3) Clark Administrative Consultants Ltd.'s proposal for the provision of vision, hospital, and extended health care coverage, guaranteed for 5 years at 3.5% of claims paid; and (4) travel insurance coverage be awarded to American Home Insurance Company, through Clark Administrative Consultants Ltd_, at a fee of $53,684.40, for the first year." Yours truly, ,. r Mary L. 6unford Common Clerk MLM:sc !4 office of the Mary L. Munford Common Clerk Common Clerk February 15, 1999 Mr. David G. Barry Chairperson Enterprise Saint John 40 King Street Saint John, NB E21- 1 G3 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4LI At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that the letter from Greater Saint John Economic Development Commission Inc. (Enterprise Saint John) submitting a copy of its correspondence to the Saint John Board of Trade requesting that it submit a nominee to Council for appointment to the Board as a successor to Bruce Dowd, whose appointment expires on March 31; and asking Council to advise as soon as possible if it has any objection to the Commission's annual meeting being open to the public -- be received and filed." Yours truly, r U f r d / Mary L. t�/lun o l Common Clerk MLM:sc DELIVERED BY HAND Mayor Shirley McAlary and Members of Council City of Saint John City Hail, 15 Market Square Saint John, N.B. Dear Mayor McAlary: NT � � Busi -u 'r Resource C enu:. �{0 King $trtx[ tiaim John, lvr.! Brun -.Jck SAINT JOHN Canada E2L IG3 Telephone (506) 6r,9-28— Toll Fnr 1 900 561 -117 Facsimile (506)658-2872 . . v F..d ecunoncL?nhnrtnh.La Re: Enterprise Saint John Appointments February 1, 1999 As you are aware, Bruce Dowd's appointment to the Board of Enterprise Saint John expires on March 315. I enclose a copy of our correspondence to the Saint John Board of Trade requesting that they submit a nominee to your Council for appointment to the Board as a representative of the business community of Saint John. The appointment from the nominees of the Board of Trade will be for a period of three years commencing April 1s` As you will note, we are asking that all new members of the Board be appointed by late February or early March in order that they will be able to participate in our annual meeting which we anticipate will be held in mid to late March. This annual meeting will be the required joint meeting with Mayors and members of Council for the four municipalities in Greater Saint John. The issue of whether the annual meeting is public has been discussed by the Board. We favor the meeting being held in public and that the public and media be invited to attend. From discussions with you and the other Mayors and Council members involved in Enterprise Saint John, it is our understanding that they have no objection to a public meeting. In the course of planning for the annual meeting we expect staff will assume that the meeting will be open to the public. If your Council has any objection please advise as soon as possible. Your very truly, Enterprise Saint John avid G. Chairperson c.c.: President, Saint John Board of Trade Together we're greaterf - Plus forts ensemblef Grand Bay - Westfield - Quispamsis • Rothesay • Saint John ce,." FEB 2 1999 :.M Sa •, " DELIVERED BY HAND Linda Forestell President Saint John Board of Trade 40 King Street Saint John, N.B. Dear Linda: EN'T'ERPRISE AdNT JOIN Together we re greater! Re: Enterprise Saint John Appointments &-.nm rm Rurcr Cenrrr 40 King Street Saint John, tie. Brun pick Canada E21,IG3 Telephone (5W) 6`8 -18" Toll Frec 1 890 561 -28Ti Fnimdc (506)658 -3872 E -m 1 rconomicl'nhnet nF.ia February 1, 1999 As you are aware, Bruce Dowd's appointment to the Board of Enterprise Saint John expires on March 31s` of this year or when his successor is appointed. Under our Letters Patent the Board of Trade must recommend a successor to Bruce to the Mayor and Members of Common Council for appointment to our Board. We are asking all municipalities to have appointments concluded by late February or early March of this year in order that new Board members can be in place for the annual meeting of Enterprise Saint John which will be held in mid to late March. Accordingly we ask that you communicate the Board's nominee to Common Council soon. This individual will be appointed for a term of three years commencing with April 1, 1999. DGB /dac Your very truly, Enterprise Saint John David G. Barry, Q.C. Chairperson Together we'regreater! • Plus forts ensemble. Grand Bay-Westfield • Quispamsis • Rothesay • Saint John Monday, February 01, 1999 FCM - (613) 241 -7440 Total pages. 1 Maire suppleant Claude Cantin Quebec (Quebec) President President Deputy Mayor Sam Synard Marystown, Newfoundland and Labrador First Vice - President Premier vice - president Councillor Joanne Monaghan Kitimat, British Columbia Second Vice - President Deuxieme vice- presidente Councillor Jack Layton Toronto, Ontario Third Vice - President Troisieme vice- president Deputy Mayor Jae Eadie Winnipeg, Manitoba Past President President sortant James W. Knight Executive Director Directeur general Federation of Canadian Municipalities Federation canadienne des municipalites 24, rue Clarence Street Ottawa, Ontario KIN 5P3 Telephone 1 Telephone :(613) 241-5221 Fax ITelecopieur : (613) 241 -7440 International Office I Bureau International Telephone I Telephone : (613) 241 -6484 Fax I Telecopieur : (613) 241 -7117 http:lllwww.fcm.ca January 4" 1999 Her Worship Mayor Shirley McAlary and Members of Cuuncil City of Saint John 506- 632 -6120 Highlights of FCM's National Board of Directors' Meeting Laval, Quebec, December 2 -5, 1996 In early December, the FCM Board was welcomed by the City of Laval, Quebec. Our discussions focused on several key issues: ■ In view of our forthcoming meeting with Finance Minister Paul Martin, the Board renewed its call for a renew--d National Infrastructure Program and approved a new proposal aimed at increasing federal investment in sustainable transportation. We are proposing that at least 3¢Aitre of Excise Taxes on fuels be redirected into spending on transportation alternatives, ■ Your Directors noted the growing concern over housing supply and the rise in homelessness across the country. They agreed to co-host with Canada Mortgage and Housing Corporation (CMHC) a National Roundtable on Homelessness and that the FCM Quality of Life Project adopt affordable housing and homelessness as a priority for 1999. ■ The Board was briefed on the current intensive evaluation of FCM International Programs. There is every indication that the report will be extremely positive. ■ The Board urged all Members to renew support for our Centre for Municipal Aboriginal Relations. Visit the website at www.cmar- crma.org Finally, the Board considered an amended Mission Statement which reads as follows: "The Federation of Canadian Municipalities is the national voice of municipal governments, dedicated to improving the quality of life in all communities by promoting strong, effective and accountable municipal government." I invite your comments. FCM members are encouraged to take advantage of FCM's National Postal Program with Canada Post and receive preferred rates on Unaddressed Admail, Priority Courier and Xpresspost services. Contact Lise Landriau at (613) 734 -2823 or fax (613) 734 -2982 for your Canada Post customer number and Customer Guide. Finally, I wish everyone a happy and successful 1999 and look forward to seeing many of you in Halifax. Yours sincerely, I � FEB 2 199Q Claude Cantin CT ".• 1�" Eln r•a June 4 -7, 1999 Halifax Conference and Municipal ExpoTM : Navigating Global Change Congres annuel 1999 Halifax du 4 au 7 juin et i'Expo municipal"9O: Mettre le cap sur un monde en changement office of the Mary L. Munford Common Clerk Common Clerk P.O. Box 1971 506 658 -2862 Saint john New Brunswick Canada E2L 4L1 OW_ February 15, 1999 City of Saint john Messrs. T. Tracey & T. Johnson Co- Chairs Indiantown Neighbourhood Watch 12 Victoria Street Saint John, NB E2K 11-1 Dear Sirs: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- " RESOLVED that the letter from the Indiantown Neighbourhood Watch advising of a potentially dangerous situation with the removal of gates from a fence that ran from the foot of Main Street across the old Indiantown Wharf and connected to the side of Williams Machine Shop, such gates having been put in place and locked to separate the Robertson Square Park from the St_ John River, and that, with their removal, many young children venture beyond the playground area and onto the remains of the dilapidated wharf and the River bank; and insisting on an immediate response to correct this problem -- be referred to the City Manager for a report to Council in two weeks." Yours truly, Mary L. Munford Common Clerk MLM :sc Cc: Terrence Totten City Manager January 26, 1999 12 Victoria St N. Saint John NB E2K1L1 Mayor and Common Council City of Saint John 15 Market Sq. Saint John NB Dear Mayor and Councilors.• The hollowing letter expresses our concerns over a potentially dan e� rous situation in our neighbourhood. A number of years ago the City of Saint John constructed a play area for children complete with various pieces of playground equiptment at the corner of Main St. and Bridge St., which is know as Robertson Square Park in the North End. And at the same time spent a considerable amount of money in renovating Robertson Square. This has been an attractive area over the years for children as well as adults. In this same time period a chain -link fence complete with gates which were locked was put in place to separate the playground from the Saint John River. This fence ran from the foot of Main St. across the old Indiantown Wharf and connected to the side of Williams Machine Shop. Quite some time ago the Williams Machine Shop was destroyed by fire and the gates that once were kept closed on either side of the Park area have long since disappeared. Now having free access many young children venture beyond the Playground area and onto the remains of the dilapitated Indiantown Wharf and river bank. It is a common site in the Winter months to witness these children playing on large cakes of Ice that float along the shore and in the Summer months they are found playing on homemade Rafts or other debris that is in the river. The Saint John River has very strong currents that run along the shore in this location which can be attested to by various people who know this area. Concerns about this potentially dangerous problem have been raised all to often over the years, and the only results were the usual buck- passing as to who owned the fence or who owned the waterfront property adjacent to the fence. A more important question is "Who will accept the responsibility when a fatality occurs ". It is the feeling of our group that this matter must be attended to immediately in order to protect the safety of the children in the area. We therefore insist on an immediate response from you to correct this most serious saftey problem which concerns our children. Res ect ly T. ohnson T. Tracey 0 1 1 du�ljjj--� Co- chairs Indiantown Neighbourhood Watch. cc; City of Saint John Police Dept. City of Saint John Building Inspectors Dept. G� FEB 3 19" IQ Office of the Common Clerk February 15, 1999 Mr. Horst Sauerteig 88 Bedell Avenue Saint John, NB E2K 2C4 Dear Sir: Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 41.1 At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- T fir City of Saint John " RESOLVED that the letter from Horst Sauerteig referring to letters he wrote to Council, to which he received no response, one about a month ago and one in May 1998; and commenting on the issue of labour contracts being negotiated in seclusion by City staff and eventually in open session of Council to be accepted without any meaningful discussion, further to Council's discussion at the last meeting on the open and closed session agenda -- be referred to the City Manager to be answered at an appropriate time." Yours truly, i�. Mary L_ Fur nford Common Clerk MLM:sc i Cc: Terrence Totten City Manager Horst Sauertei 9 88 Bedell Ave. Saint John, E2K 2C4 To the Common Council City of Saint John Re_: Open and Closed Sessions February 4.1999 Your Worship, Members of Common Council, during the open session of Common Council on Feb.1/99 a resolution was adopted to discuss the above matter in detail at the Feb.15 /99 open session and, if appropriate, change or alter the "LAND, LAW, LABOUR" guidelines presently in use to put items in open or closed session. I would like to comment on the 'labour' item: Labour contracts are being negotiated in seclusion by City staff and eventually come into open session to be accepted without any meaningful discussion, to the consternation of the taxpayers, because the contracts were discussed already in closed session. Since they impact on the budget of the City, they are of interest to anybody who has to pay property tax. Those, however, can get no information whatsoever. Rightly or wrongly the perception exists out here among the citizens that whenever staff negotiates a contract for one of the City's unions that contains improvements to wages benefits, working hours and /or - conditions etc., they yet similar betterments. So the incentive is not too strong, should the perception be correct, to save the City money. It is an old saw that in politics one not only has to do the right thing but also has to be perceived to do the right thing. Maybe some changes are in order here. One improvement would be to have non -staff partake in negotiations, or at least sit in as observers. There exist in the city organized groups of business people, of rate payers, even neighborhood groups or professionals who might be interested in this kind of participation. Another improvement would be to dissect the negotiated contract in open session and have the chief negotiators explain it item by item for the benefit of the taxpayers, and to invite comments before signing a new contact. We would than learn why, for example, it is of benefit to the City operations manager to have over 300 outside workers for the next five years. What do they do right now with no snow? 2 Another improvement would be to look at the terms of the contracts. To give an example: I have worked with road - builders whose workforce consists mostly of equipment opersators and laborers and is similar to that of the City's outside workers. They balanced the hours they work in summer and in winter so that an employee gets the same pay every week regardless of overtime, rain, snow, no -snow etc. with any left -over paid when summer work starts up. All this and possibly a lot more can be discussed in open session (with the input of the taxpayers), and could possibly direct the negotiators to new, inventive, money saving solutions. A telling vignette at the Feb.1 session: Councillor Stephen Chase challenges the mayor concerning the budqet process and her Worship lectures him how Council in a democratic way arrived at the decision to debate the budget in closed session: By a vote in closed session!! Vo ycu need a more compelling example why you should take a close look at "Land, Law, Labour "? Her Worship also stated that she did not yet any complaints about the budget deliberations being held in closed session. I can understand why: A month ago I wrote to you about a letter I had written to Common Council on May 1/98 that contained some items for staff to look at as well as an item that dealt with possible health and environmental problems. I did not get an answer to either letter. Maybe everything was taken care of. I sure hope so. My point is, it takes time and effort to sit down and put one's thoughts to paper, and just common politeness would require a response, or maybe a comment, or at least an acknowledgement. If there is deafening silence instead, one has to take it as an invitation to keep one's mouth shut in the future. And than there are no more calls to the mayor. If Council is genuinely interested in an open City government, any effort to maximize what goes into open session is a step in the right direction. But there is lots of•.room for other improvements as well before citizens will become more interested in the work of the Council, and how the City is administered. In the Feb.1 session quite a feu councillors expressed their opinion that there was nothing wrong with the 'status quo'. There are however, I submit, many instances where Council could make a decisions in open session even in cases concerning "Land,Law and Labour ". Maybe this letter sways them a little toward more openness. Yours truly, G (H.Sauerteig) r , +r FEB 4 1999 Yid •.; - -. # �.. ..3 a' Office of the Mary L_ Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John O New Brunswick Canada E2L 4LI June 7, 1999 Mr. Jim Baird Manager Community Planning 10th Floor - City Hall Dear Sir: Re: 1922 Manawagonish Road `E City of Saint John Enclosed is a copy of a Section 39 amending resolution regarding the above property. Pursuant to the provisions of the Community Planning Act, the resolution was filed in the Registry Office on June 1, 1999 and became effective on that date. Yours truly, Constance Mosher Assistant Common Clerk CMljaf encl. cc: William Edwards, Building Inspector PENDING SECTION 39 AMENDING RESOLUTION PROPERTY LOCATION: 1922 Manawagonish Road SUBJECT: Section 39 Amending Resolution REGISTRY OFFICE: certify 3 copies of amendment Filed in Registry Office - - 1 copy letter size, do not include owner Registered in Registry Office - - 2 copies legal size, owner's name incl. 1 copy will be returned to Common Clerk with filing and registration data stamped on it (legal size, owner's name incl.) 2" top margin, 1.5" side margins, legal size copies include owner's name at bottom COPIES TO JOHN NUGENT: May 25, 1999 Copy of resolution with filing and registration data noted in letter to: Jim Baird, Community Planning cc: William Edwards, Building Inspector office of the Mary L. Munford Common Clerk Common Clerk May 18, 1999 Messrs. Douglas McCaig & Austin Sleigh P.O. Box 3901, Station B Saint John, NB E2M 5C2 Dear Sirs: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 14th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "I -I" Light Industrial zone for the property at 1922 Manawagonish Road (NBGIC Number 403626), by replacing the Section 39 conditions with the following: (a) the use of the property be limited to the following: business office rental of trailers barber shop retail store beauty salon personal service shop pet shop radio or television repair shop truck or car wash tire shop automobile and parts assembly of minor electric or salesroom electrical equipment electrical repair shop sign manufacture tent, awning and wholesale store or business allied manufacture repair garage car sales lot used car sales lot welding shop repair shop (A.T.V.s /lawn equipment); (b) the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; (c) a portion of OPEN SESSION M &C -99 -140 May 6, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Amendment 1922 Manawagonish Road BACKGROUND: 7�ri4, City of Saint John On February S, 1999 Common Council referred the above noted application to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The applicant was not present at this meeting and no letters were received from neighbouring property owners. The Committee adopted staff's recommendation as outlined in the report. Common Council held a public hearing on Monday, April 19, 1999. The applicant, Mr. Austin Sleigh appeared at the meeting and stated he was not in agreement with a number of the recommended conditions; specifically, the limitation on the number of businesses permitted for the site, and the number of available on -site parking spaces. Council, after hearing from the applicant, referred this matter back to staff for additional consultation with staff. ANALYSIS: Planning staff met with the applicant at the subject property on April 26, 1999 to discuss the applicant's proposal and the conditions that were recommended in the attached report. A number of issues were discussed including the applicant's concerns noted in the Background of this report. A follow -up letter was sent to the applicant outlining the potential changes to the recommendation. Condition (b) will enable staff to monitor the number and type of new businesses proposed for this site as a "change of use" building permit is required for each new business. The number of businesses that can be accommodated at this site will be determined by the number of on -site parking spaces that are available. A detailed site plan illustrating the number of parking spaces forms part of condition (b). As a result of the above, condition (d) restricting the number of businesses permitted to operate at this site could be deleted_ Report to Common Council May 6, 1999 Page 2 Condition (e) limiting the number of vehicles or trailers for a vehicle rental business to two could be amended to permit a maximum of six vehicles /trailers contained in a 20- foot by 60 -foot "holding area" to be indicated on a detailed site plan. This area would be located along the west side of the front yard. The other conditions contained in the attached report would remain. The applicant has indicated to staff that he is agreeable to the proposed changes to the recommendation as noted above. The full text of the proposed resolution is provided for the convenience of Common Council. Strategic Plan Conformity /Existing City Policy It is the goal of the City to facilitate commercial development while protecting the interests of the general public. 2. Input from Other Sources See attached report 3. Financial Implications None RECOMMENDATION: That Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "I -1" Light Industrial zone for the property at 1922 Manawagonish Road, also identified as NBGIC number 403626, by replacing the Section 39 conditions with the following: a) the use of the property be limited to the following: business office barber shop beauty salon pet shop truck or car wash automobile and parts salesroom electrical repair shop tent, awning and allied manufacture car sales lot welding shop rental of trailers retail store personal service shop radio or television repair shop tire shop assembly of minor electric or electrical equipment sign manufacture wholesale store or business repair garage used car sales lot repair shop (A.T.V.'s /lawn equipment) b) that the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; Report to, Common Council May 6, 1999 Page 3 C) that a portion of the existing eight foot high, wooden fence, located to the east of the main building be relocated so that it is no closer to the street than the main building; d) that a maximum of six vehicles or trailers used for a truck or car rental business be permitted in a 20 -foot by 60-foot "holding area" to be indicated on a detailed site plan; and C) no outdoor storage of goods or materials is permitted, except within the main building or enclosed compound area. zy submitted, A im R. Baird, MCIP Manager, Community Planning Claude MacKinnon, P.Eng. Commissio Environm t & Developme Services Terrence Totten, C.A. City Manager CL /111 Community Jim csaird MCIP P.O. Box 1971 5uo 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada EK 4L1 DATE: MARCH 16, 1999 TO: PLANNING ADVISORY COMMITTEE pr4 FROM: COMMUNITY PLANNING City of Saint John FOR: MEETING OF APRIL 7, 1999 is Langill Planning Officer SUBJECT: Name of Applicant: Douglas McCaig and Austin Sleigh Name of Owner: Douglas McCaig and Austin Sleigh Location: 1922 Manawagonish Road NBGIC: 403626 Municipal Plan: Service Corridor Zoning: "I -1" Light Industrial Proposal: To remove the restriction limiting the use of the property to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category. Type of Application: Section 39 Amendment Douglas McCaig ana .astin Sleigh 1922 Manawagonish Road JURISDICTION OF COMMITTEE: } ..$e: 2 Date:March 16, 1999 Common Council has requested the views of the Planning Advisory Committee regarding the proposed amendment to the Section 39 conditions. Council will consider the Committee's recommendation at a Public Hearing on Monday, April 19,1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "1-1" Light Industrial zone for the property at 1922 Manawagonish Road, also identified as NBGIC number 403626, by replacing the Section 39 conditions with the following: a) the use of the property be limited to the following: business office barber shop beauty salon pet shop truck or car wash automobile and parts salesroom electrical repair shop tent, awning and allied manufacture car sales lot welding shop rental of trailers retail store personal service shop radio or television repair shop tire shop assembly of minor electric or electrical equipment sign manufacture wholesale store or business repair garage used car sales lot repair shop (A.T.V.'s /lawn equipment) b) that the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; C) that a portion of the existing eight foot high, wooden fence, located to the east of the main building be relocated so that it is no closer to the street than the main building; d) that a maximum of two businesses be permitted to operate from the property at any one time; C) that a maximum of two vehicles or trailers used for a truck or car rental business be permitted in the front yard of the property; and Douglas:McCaig ana —ustin Sleigh 1922 Manawagonish Road k uge: 3 Date:March 16, 1999 f) no outdoor storage of goods or materials is permitted, except within the main building or enclosed compound area. BACKGROUND: In September 1994, Common Council amended the Municipal Plan and rezoned the above noted property from `B -2" General Business to "I -1" Light Industrial, subject to a resolution, pursuant to Section 39 of the Community Planning Act. These Section 39 conditions include the following: a) the use of the property be limited to the manufacturing, installation and sale of tow truck bodies, as well as a vehicle compound for a towing business; b) open storage of goods, other than new or licensed vehicles, may be permitted within the main building or enclosed compound area; c) the property be developed in accordance with a landscaping plan, subject to the approval of the Development Officer, and such improvements be completed within one (1) year from the approval date of the change of use permit; d) the large sign structure previously used by the service station be removed within six (6) months from the approval date of the change of use permit, and the property only be permitted a new freestanding sign with a maximum area of 18.58 square metres (200 square feet); and e) the existing metal fence posts along the frontage of the property be removed within six (6) months from the approval date of the change of use permit, and no additional fencing be permitted on the property. The sign mentioned above in (d) has since removed and the metal fence stated in (e) has been removed from the property. INPUT FROM OTHER SOURCES: Engineering has no objection to the proposed change to the Section 39 conditions. Building and Technical Services has not submitted any comments. N.B. Department of Public Health Services have no objections to the proposed amendment. N.B. Department of Environment has submitted the following comments. Environmental issues associated with the operation of light industrial facilities are of some concern to the Department of the Environment. Primarily due to the potential for "discharge of contaminants" to the Douglas McCaig and eiustin Sleigh rage: 4 1922 Manawagonish Road Date:March 16, 1999 environment (air, soil and water). Hazardous substances include such things as: volatile organic substances (VOC's), paints, body fill, cleaners solvents, petroleum products, waste oil, antifreeze and other liquid chemicals as well as ozone depleting substances (ODS). Although the uses described are considered by the Department to be relatively small sources, and therefore do not require a permit, there remains a potential to impact the environment and human health, if not properly constructed and managed. 2. If approved, the facility should be designed and operated to minimize the potential to impact human health and the environment. (e.g. proper ventilation and air filtration system; floor drain connected to sump to recover any spilled products; site contouring to limit contact between site drainage and light industrial operations.) 3. All hazardous waste should be either returned to the suppliers or collected by an approved hazardous waste disposal company. 4. The location of an industrial facility in proximity to a residential area often results in incompatible situations and complaints by residents to the Department (and no doubt the City). Effectively addressing these situations through the planning process is likely the best course of action. ANALYSIS: Proposal The applicant is requesting an amendment to condition (a) to remove the restriction limiting the use of the property. The applicant is seeking to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category, including among other uses; truck rental operation, car wash facility and a used appliance repair /sale business. A complete list of proposed uses for this property is attached to this report, titled Appendix "A ". The applicant has also indicated to staff that it is their intent to move the eastern portion of an existing eight -foot high wooden fence that surrounds an outdoor storage area to be parallel with the front face of the building on the site. In 1994, staff included this re- location of the fence as part of their recommendation, however, it was not adopted along with the other Section 39 conditions. Douglas McCaig ann ..ustin Sleigh t uge: 5 1922 Manawagonish Road Date:March 16, 1999 Site and Neighbourhood There is a mixture of commercial and light industrial uses developing in this area. The adjoining property to the northwest is used for trailer sales and services, as well as the fabrication of utility trailers. To the east of the subject property is a single- storey brick office building used by the New Brunswick Department of Natural Resources, and further to the east is a large electrical substation. Directly to the rear of the property is an old gravel pit that is presently used as a demolition debris area. The land across the street remains undeveloped. There are a few additional commercial businesses further along Manawagonish Road to the west. The subject property has 203 feet of street frontage and is 147 feet in depth, having an area of 29,707 square feet. Attached is a partial site plan illustrating the location and size of a one - storey building with a fenced -in compound area along the east side and rear of the building. The area in front of the building is paved with asphalt. There is minimal landscaping along the front and sides of the property. Potential Uses Presently, the use of the property is limited to the manufacturing, installation and sale of tow truck bodies, as well as a vehicle compound for a towing business. The applicant is requesting an amendment to condition (a) contained in the Background of this report to remove the restriction limiting the use of the property to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category uses (items that contain a check mark). The proposed list of uses submitted by the applicant are mainly service type businesses with a few light industrial type uses. Staff has a concern with a number of the proposed uses. An autobody paint or repair shop would involve a discharge of contaminants; specifically paints, body fill, cleaners, solvents petroleum products, waste oil, antifreeze and other solvents. The properties along Westgate Drive are approximately 640 feet from the subject property. The N.B. Department of Environment has indicated they have some concerns for this type of use being in relatively close proximity to a residential neighbourhood. Due to the potential discharge of contaminants associated with an autobody paint or repair shop, staff cannot support the inclusion of this use for this property. Carpentry or cabinet- making also have the potential of dust are to be excluded. The storage of scrap materials is also not appropriate for this area. Douglas McCaig and ,ustin Sleigh Page: 6 1922 Manawagonish Road Date:March 16, 1999 This section of Manawagonish Road is considered to be an arterial which experiences relatively large volumes of traffic. The Municipal Plan envisages this area to develop with a variety of uses similar to the applicant's proposal. The remaining uses listed in Appendix "A" can be supported. The list has been shortened by not including a doctors office, insurance office, accounts office as separate uses as they are included in a business office. A vehicle repair shop is also a repair garage. Site Appearance Although the property is currently limited to a towing business as per the Section 39 condition, the applicant has leased the building on the site which now has a used appliance /repair shop, truck rental business and a mobile car wash business. The area of land in front of the building is relatively small and can only accommodate eight to ten parking spaces with an additional two spaces if the fence is moved further to the rear, flush with the front face of the building. A site inspection of the property had indicated that of the eight to ten available spaces, five of these spaces were occupied by U -haul trucks and trailers, leaving few spaces for staff and customers. Three businesses occupying this relatively small property with limited on -site parking, especially with the presence of U -haul trucks and trailers in front of the building produces an over -use of the property that creates a cluttered and unattractive appearance. An example of a similar situation is the property in East Saint John at the intersection of Loch Lomond Road and McDonald Street, known as 216 Loch Lomond Road. This property has a number of small businesses in a relatively small building, including a U -haul rental business. On -site parking is at a premium with a significant number of these spaces occupied by U -haul trucks and trailers. In addition to the lack of available on -site parking that is associated with several businesses occupying a small property, the amount of signage required for each of the businesses provide an unattractive appearance. To ensure that suitable on -site parking is available and to minimize the potential for excessive signage on the property, it is recommended that Section 39 conditions be imposed, limiting the total number of businesses operating from this site to a maximum of two, limit the number of vehicles /trailers for the U -haul business permitted in the front yard of the building to a maximum of two. There is ample space within the fenced compound located to the rear of the site to accommodate any additional trucks or trailers required for this business. Douglas McCaig anL ,ustin Sleigh i ge: 7 1922 Manawagonish Road Date:March 16, 1999 Mobile Signs During a site inspection by staff, a mobile sign was located on the site, of which a portion of the sign was in the street right -of -way. The Zoning By -law permits one mobile sign on this property setback a minimum of 3 metres (10 feet) from the front property line. This zoning infraction has been reported to Building and Technical Services for enforcement of this regulation. CONCLUSION: The subject property has minimal space in front of the building for on -site parking. The high traffic that can be generated from a truck rental business along with the storage of these vehicles on -site creates a parking problem for this business and any other business located on this property. The recommended Section 39 conditions will minimize the parking demand and the unattractive appearance that may occur from an excessive number of businesses operating from this property. Community Planning Department December 21/98 Section 39 Amendments Retail - bakery ; delicatessen; ' / retrial of trailers; i� appliances ; ` A. T. V. 's / snow mobiles, lawn equipment, chain satin equiptnerrl; u sport wearing apparel; Office L business offices; bank; doctor offices; acC01llllar7t office 1� insurance office Service - animal hospital; - interior decorating, studio; - artist's studio; - laundry agency; auction room; - laundry (auto. Or self service }; barber shop; laundry (steam ); beauty salon; = motion picture- studio; - catering establishment; - paint or paper - handing shop; - cleaning & dyeing establishment; pawn shop; - crematorium; personal service shop; - dry cleaning establishment; 11 pet shop; f lm exchange; - photography studio; frozen food locker establishment; - print service; - hotel' / public steam or sauna bath, - ice vending machine; b/ radio or television repair shop; - radio or television studio; - tailor shop; / restaurant; 's taxidermy shop; � l{ repair shop (A. T.. 6 : / lawn equip.); vehicle repair shop; Automotive Commercial V auto body paint or repair shop; k tire shop; automobile and parts salesroom; - trailer or mobile home sales; repair garage; 1/ truck or car wash; Recreational — archery range; - dance hall; -- golf driving range or miniature rifle range- ( other than in an enclosed bldg.); gymnasium; -- billiard hall or poolroom; 4 motion picture theater; — theater; Institutional - church - postal substation; — commercial school; - public or quasi- public bldg.; — — community centre; fire station; - public open space; - public utility bldg. or installation; W institutions of a religious, philanthropic or charitable nature; philanthropic - subject to subsection (2) (a), A public utility service yard; — library, - school including a public, business, trade or technical school; - music college; - police station, Manufacturing and Industrial assembly of automobile equipment; - ice storage house; assembly of minor electric or electrical equipment; - jeweler manufacture; — boat building plant (not to exceed 25M.); - machine tool manufacture; - bottle and distribution plant for milk or carbonated beverages; - mattress manufacture; — candy manufacture; Y metal- working, tinsmith, plumbing, gas, steam or hot water fitting shop; — cannery for fruit or vegetables; - musical instrument manufacture; t� carpentry, cabinet - making, or furniture upholstering shop; - novelty &toy manufacture; — clothing & garment manufacture; - ornamental metal work; — cold storage plant; shoe or boot manufacture; -- dairy & dair} products manufacture; b sign manufacture; — electro - plating; !� tent, awning and allied manufacture; electrical repair shop; - truck & trailer terminal operations, including repair & maintenance facilities, (by -law C.P. 100-114) -- film processing or testing laboratory; - truck garden, or field crop, nursery, berry or bush crop, orchard or pasture land; food, other than fish, products manufacture, processing and packaging; - warehousing customarily served by vehicles of 8 meters or less in length; ice plant; V / wholesale store or business; -- workshop complementary to retail shop; (b) the following uses subject to such terms and conditions as may be imposed by the committee: Retail - retail store, not including a shopping centre; - Christmas tree sales, - fish market-, Service - animal pound, kennel or veterinary clinic, - funeral home, - subject to subsection (2) (b), an office or parking area for a taxi business, - bus or other transportation terminal; - subject to subsection (2) (c) & (d) a .. beverage room, club or lounge; ( by- law C.P. 100 -254) A}rtomotive Commercial /car sales lot; used car sales lot; - service station; - gasoline bar; - parking area; Recreational - subject to subsection 2 (e), an amusement place; - athletic or health club; - auditorium; - open air sports arena; - bowling alley; - stadium; - private club, fraternity or loge without a license under N.B. L. C. act; - curling rink; - drive -in theater, - ice rink, roller skating rink; Manufacturing and Light Industrial - battery manufacturing or rebuilding- - freight or truck yard terminal; - brewery; furniture manufacture; _ building equipment and material storage yard, including accessory null work; - gravel, sand & similar building - bulk oil storage depot or warehouse; - clay products manufacture excluding brick and tile; - concrete mixing; concrete products manufacture, not including precast plant and manufacture; material storage; hatching & /or raising or live animals; laboratory; monument or stone works; municipal or provincial works depot;( by -law C.P. 100 -213) - excelsior manufacture or storage; - plastic products manufacture; - feed or fuel storage; - radio or television transmitting & receiving station towers & equipment; -flood control device, (by -law C.P. 100 -213) - sash and door manufacture; - storage & / or recycling depot for scrap paper & paper products, plastic products, aluminum & steel cans, bottles & other beverage & food containers, including a redemption centre, provided that it is Contained within a enclosed building; (By -law C.P. 100 -422) - sewerage service & treatment facility �1 {by- law C.P. 100 -213) dstorage yard other than scrap paper, bottles, rags, bone or scrap metals, provided it is enclosed by a solid, painted and neatly maintained fence; - utility depot; ( by -law C.P. 100 -213) - warehouse (general) customarily served by motor vehicles in excess of 8 meters in length; - water service & treatment facility; Vwelding (b y -law C.P. 100 -213) hop; offim COMMUNITY PLANNING F 4 / B-236 2 room In 0 C. �- 7 ol� 72 7a V0,29 61 4 % 64 r2o 57 34 7 114 33 19 M 105 47 24 15 w 43 el .1 37 33 31 27 91 92 BI 8c C 7 64 6p 80 63 74 p 44 41 34 zu 2A 2 R- 1 A 1870 186e 1858 tc 2 185c 3 x 3i MAJ'JAW E17 I946 Sh rmp-0 NBGIC Number (s): Subject Site: 00403626 Address: 1922 Manawagonish Road Map Number: 06N-54NE Date: February 8, 1999 Scale: N.T.S. TH N w I M,gN��gGo Ply R7" I AL. SITE A P LL A N (E= kiStIY� corudifjpr&) 00 office cf the Mary L. Munford Common Clerk Common Clerk April 29,1999 Messrs. Doug McCaig & Austin Sleigh P.O. Box 3901, Station B Saint John, NB E2M 5C2 Dear Sirs: Po. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 19th instant, the following resolution was adopted, namely:- " RESOLVED that the proposed Section 39 conditions imposed on the September 12, 1994 re- zoning of the property situated at 1922 Manawagonish Road (NBGIC Number 403626), to permit the removal of the restriction limiting the use of the property to the manufacturing, installation and sale of tow truck bodies as well as a vehicle compound for a towing business, to allow for a greater variety of uses permitted in the 1-1 Light Industrial zone category, be referred to the City Manager for further information." Yours truly, Mary L. Ilrlunford Common Clerk MLM:sc Cc: City Manager City of Saint John PROPOSED SECTION 39 AMENDMENT RE: 1922 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, April 19, 1999 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the September 12, 1994 rezoning of the subject property situated at 1922 Manawagonish Road, also identified as NBGIC #403626, to permit a revised proposal. REASON FOR CHANGE: To remove the restriction limiting the use of the property to the manufacturing, installation and sale of tow truck bodies as well as a vehicle compound for a towing business, to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B., between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): X n 0 Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, March 23, 1999 Tuesday, April 13, 1999 ETG Independent Placement Date(s): ETG Classifieds Date(s): T -J Independent Placement Date(s): T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 17 Tender(s) C3 Proposals(s) X Public Notice(s) 173 Mayor's Message 0 General' Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 Office of the Mary L. Munford Common Clerk Common Clerk March 18, 1999 Messrs. Doug McCaig & Austin Sleigh P.O. Box 3901, Station B Saint John, NB E2M 5C2 Dear Sirs: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 City of Saint John At a meeting of the Common Council, held on March 15, 1999, the public hearing of the proposed amendment to the Section 39 conditions of re- zoning of property at 1922 Manawagonish Road was cancelled, and Council authorized the necessary advertising for the above - proposed Section 39 amendment, with the public hearing to be held on Monday, April 19, 1999, at-7:00 o'clock p.m. Enclosed is a copy of he Public Notice in this regard. Yours truly, Mary L. Munford Common Clerk MLM :sc Enc /%! ; Al !s PROPOSED SECTION 39 AMENDMENT RE: 1922 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, March 15, 9999 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the September 12, 1994 rezoning of the subject property situated at 1922 Manawagonish Road, also identified as NBGIC #403626, to permit a revised proposal. REASON FOR CHANGE: To remove the restriction limiting the use of the property to the manufacturing, installation and sale of tow truck bodies as well as a vehicle compound for a towing business, to allow for a greater variety of uses permitted in the 1 -1" Light Industrial zone category. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B., between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): X Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, February 16, 1999 Tuesday, March 9, 1999 ETG Independent Placement Date(s): ETG Classifieds Date(s): T -J Independent Placement Date(s): T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 171 Tender(s) 17 Proposals(s) X Public Notice(s) 0 Mayor's Message 0 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: I Telephone: (506) 658 -2862 Office of the Mary L. Munford Common Clerk Common Clerk February 15, 1999 Messrs. Douglas McCaig & Austin Sleigh P.O. Box 3901, Station B Saint John, NB E2M 5C2 Dear Sirs: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely : - City of Saint John " RESOLVED that the application of Douglas McCaig and Austin Sleigh for an amendment to the Section 39 conditions of re- zoning of property at 1922 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, March 15, 1999 at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. Mlunford Common Clerk MLM:sc Enc Application for Amendment to Section 39 Resolution or Agreement Applicant Related Information Name of Applicant —. 610 M 11C�Z_ t;L ,5TZ(v aewW Mailing Address of Applicant Q0 5h ly 3-Of'{(U %403. Postal Code. Aln -45 C Tephone Number: Business Fax No.(if one) Name of Property Owner(if different) Home 65 3 — S 75 _ Mailing Address of Owner 90,[ ! �,W_F ` ThVAV04) 6810F 5/fT0)T J-6)+0 fU 13' Postal Code ��X 571 Existing Resolution Date of resolution to be amended Location _ M-2 -2 /! t 1Jr INooNU -TSIJ G, qo3b o26 Civic# Street NBGIC# Applicants Interest in Property Own y,,4,-5 Lease Other( What is your Proposal? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) if Tlfr�T TO Of OF L9 l°�PP -Atj "T 0 `�MLT� -,Q TO /6k Z US CS. TWT /y1OiV &-5R V05 * A p s) 5MIC, 6 &ffghd a s LJ ,Of . tOfD TO Ttf � C a4l3777n u5,, & -S r w95,E f X0 4►u �Tr rtF-.) /.Tsr br- R04aCKtAQ Mr7'.X5V 55. A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Signature of the owner must be included. FE-9 4 1999 Community Planning Department December 21198 Section 39 Amendments Retail bakery; delicatessen ; rental of trailers; �6 appliances ; A. T. y 's/snow mobiles, lawn equipment, chain saw equipment; �— spoj•t wearing apparel; o %ffice business offices; bank; �-� doctor offices; accountant office insurance office Service — animal hospital; - interior decorating studio; — artist's studio; - laundry agency; auction room; - laundry (auto. Or self service ); barber shop; - laundry (steam); L beauty salon; - motion picture studio; — catering establishment; - paint or paper - hanging shop; — cleaning & dyeing establishment; 1/ pawn shop; — crematorium; personal service shop; — dry cleaning establishment; ! pet shop; — film exchange; - photography studio; -- frozen food locker establishment; - print service; -- hotel; ice / public steam or sauna bath; — vending machine, ;/ radio or television repair shop; — radio or television studio; - tailor shop; restaurant, '.s / taxidermy shop; repair shop (A. TV. I' lawn equip.); w/ vehicle repair shop; Automotive 4ommercial V auto body paint or repair shop; !� tire shop; Ll automobile and parts salesroom; - trailer or mobile home sales; V repair garage; !� truck or car wash; Recreational archery range; golf driving range or miniature rifle range- ( other than in an enclosed bldg.); billiard hall or poolroom, theater; Institutional church; commercial school; community centre; — fire station; institutions of a religious, philanthropic or charitable nature; library; music college; Manufacturing and Industrial - dance hall; gymnasium; motion picture theater, postal substation; public or quasi- public bldg.; public open space; public utility bldg. or installation; - subject to subsection (2) (a), A public utility service yard; school including a public, business, trade or technical school; - police station; assembly of automobile equipment, - ice storage house, assembly of minor electric or electrical equipment; - jeweler manufacture; — boat building plant (not to exceed 25M.); - machine tool manufacture; — bottle and distribution plant for milk or carbonated beverages; - mattress manufacture; - candy manufacture; - metal- working, tinsmith, plumbing, gas, steam or hot water fitting shop, cannery for fruit or vegetables; - musical instrument manufacture; s carpentry, cabinet - making, or furniture upholstering shop; - novelty & toy manufacture; — clothing & garment manufacture; - ornamental metal work; — cold storage plant; / shoe or boot manufacture; - dairy & dairy products manufacture; !�� sign manufacture; electro - plating; tent, awning and allied manufacture, !� electrical repair shop, - truck & trailer terminal operations, including repair & maintenance facilities; (by -law C.P.100 -114) — film processing or testing laboratory; - truck garden, or field crop, nursery, berry or bush crop, orchard or pasture land, — food, other than fish, products manufacture, processing and packaging; - warehousing customarily served by vehicles of 8 meters or less in length, ice plant; �� wholesale store or business; — workshop complementary to retail shop; (b) the following uses subject to such terms and conditions as may be imposed by the committee: Retail - retail store, not including a shopping centre; - Christmas tree sales; - fish market; Service - animal pound, kennel or veterinary clinic; - funeral home; - subject to subsection (2) (b), an office or parking area for a taxi business; - bus or other transportation terminal; - subject to subsection (2) (c) & (d) a beverage room, club or lounge; ( by- law C.P. 100 -284) A ptomotive Commercial car sales lot; ✓ used car sales lot; - service station, - gasoline bar; parking area; Recreational - subject to subsection 2 (e), an amusement place; - athletic or health club; - auditorium; t open air sports arena; - bowling alley; - stadium; - private club, fraternity or loge without a license under N.B. L. C. act, - curling rink; - drive -in theater, - ice rink; - roller skating rink; Manufacturing and Light Industrial - battery manufacturing or rebuilding; - freight or truck yard terminal; - brewery; - furniture manufacture; - building equipment and material storage yard, including accessory mill work; - gravel, sand & similar building - bulk oil storage depot or warehouse; - clay products manufacture excluding brick and tile; - concrete mixing; - concrete products manufacture, not including precast plant and manufacture; material storage; - hatching & /or raising or live animals; - laboratory; monument or stone works; municipal or provincial works depot,( by -law C.P. 100 -213) - excelsior manufacture or storage; feed or fuel storage; -flood control device; (by -law C.Y. 100 -213) - storage & / or recycling depot for scrap paper & paper products, plastic products, aluminum & steel cans, bottles & other beverage & food containers, including a redemption centre, provided that it is Contained within a enclosed building; t�(By -law C.P. 100 -422) Vstorage yard other than scrap paper, bottles, rags, bone or scrap metals, provided it is enclosed by a solid, painted and neatly maintained fence; - warehouse (general) customarily served by motor vehicles in excess of 8 meters in length; V /welding shop; plastic products manufacture; radio or television transmitting & receiving station towers & equipment; sash and door manufacture; sewerage service & treatment facility (by- law C.P. 100 -213) utility depot; ( by -law C.P. 100 -213) water service & treatment facility; (by -law C.P. 100 -213) (C) subject to section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this section. (2) Conditions of use (A) a public utility service yard shall not be located within 60 meters of an "R" Zone. (B) 1 -an office or parking area for taxi business shall not be located adjacent to an "R" Zone on the street on which it fronts. 2- notwithstanding subsection (b) (1),on office or parking area for taxi business may be permitted at 860 Dever Road (NBGIC Number 55002968).( By -law C.P. 100 -277) (C) 1- a lot on which there is located a beverage room, club or lounge shall not be located within 150 metres measured along the street on which the lot fronts of a church, school or "R" Zone, or within a radius of 90 metres thereof in any other direction. (by-law C.P. 100 -284) 2- notwithstanding (1) above or (d) a beverage room, club or lounge may be Located in the Westwind Place (LRIS 034421) at 800 Fairville Blvd. (By -law C.P 100 -284) 3- notwithstanding (1) or (d) a beverage room, club or lounge may be located at 541 Rothesay Avenue (NBGIC Numbers 309229 and 55076079). (By -law C.P. 100 -260 & by -law C.P. 100 -284) 4- notwithstanding (1) or (d), a beverage room, club or lounge may be located in the Park Plaza Motel (NBGIC Number 301937, 55020853, 55020861 and 55020846) at 60609 Rothesay Avenue. (By -law C.P.100 -284) 5- notwithstanding (1) or (d), a beverage room, club or a lounge may be located at 730 Wilson Street (NBGIC # 35436). (by -law C.P. 100 -304) 6- notwithstanding (1) or (d), a beverage room, club or lounge may be located at 87- 89 Golden Grove Road (NBGIC 000046). (by -law C.P. 100 -311). (d) the lot on which there is located a beverage room, club or lounge (other than a beverage room, club or lounge within a motel) shall not be located within 300 metres of a lot on which there is another beverage room, club or lounge on the same street on which the lot abuts, or within a radius of 180 metres thereof in any other direction. (By -law C.P. 100 -284) (e) an amusement place may not be located within 90 metres measured along the street on which the lot fronts of a church, school, or community centre or within a radius of 30 metres thereof in any direction. (3) Zone Standards (a) Minimum front yard .......... ..............................6 metres (b) Minimum side yard .............. ............................the greater of '/z the height of the building, or 3 metres (c) Minimum rear yard l) when abuts an "R" Zone . ............................7.5 metres 2) for any other lot .............. ............................3.0 metres (d) Maximum height... . ......................................... 12.5 metres the maximum height may be increased up to 16 metres if the front yard is increased beyond 6 metres by 1 metre for each 2 metres in height above 12.5 metres (e) Maximum lot occupancy ...... ............................60% Planning Advisory Committee OPEN SESSION April 8, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E21, 4L1 SUBJECT: Section 39 Amendment Application 1922 Manawagonish Road M7 .a City of Saint John On February 8, 1999 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 7, 1999 meeting. The applicant was not present at the meeting and no letters were received from neighbouring property owners. The Committee adopted staffs recommendation as outlined below. RECOMMENDATION: That Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "I -1" Light Industrial zone for the property at 1922 Manawagonish Road, also identified as NBGIC number 403626, by replacing the Section 39 conditions with the following: a) the use of the property be limited to the following: business office barber shop beauty salon pet shop truck or car wash automobile and parts salesroom electrical repair shop tent, awning and allied manufacture car sales lot welding shop rental of trailers retail store personal service shop radio or television repair shop tire shop assembly of minor electric or electrical equipment sign manufacture wholesale store or business repair garage used car sales lot repair shop (A.T.V.'s/lawn equipment) Planning Advisory Committee April S, 1999 Page 2 b) that the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; C) that a portion of the existing eight foot high, wooden fence, located to the east of the main building be relocated so that it is no closer to the street than the main building; d) that a maximum of two businesses be permitted to operate from the property at any one time; e) that a maximum of two vehicles or trailers used for a truck or car rental business be permitted in the front yard of the property; and f) no outdoor storage of goods or materials is permitted, except within the main building or enclosed compound area. Respectfully submitted, Brian C 'ngham Chairman CL/ Attachments Community Jim vaird MCIP P.O. Box 1971 50n 658 -2835 PIanning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: MARCH 16, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF APRIL 7, 1999 JA6 rtis Langill Planning Officer SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Douglas McCaig and Austin Sleigh Douglas McCaig and Austin Sleigh 1922 Manawagonish Road 403626 Service Corridor "I -1" Light Industrial City of Saint John To remove the restriction limiting the use of the property to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category. Type of Application: Section 39 Amendment Douglas McCaig ana ..astin Sleigh 1922 Manawagonish Road JURISDICTION OF COMMITTEE: I -6e: 2 Date:March 1 b, 1999 Common Council has requested the views of the Planning Advisory Committee regarding the proposed amendment to the Section 39 conditions. Council will consider the Committee's recommendation at a Public Hearing on Monday, April 19,1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the proposal that was adopted on September 12, 1994, pursuant to Section 39 of the Community Planning Act in conjunction with the "I -1" Light Industrial zone for the property at 1922 Manawagonish Road, also identified as NBG1C number 403626, by replacing the Section 39 conditions with the following: a) the use of the property be limited to the following: business office barber shop beauty salon pet shop truck or car wash automobile and parts salesroom electrical repair shop tent, awning and allied manufacture car sales lot welding shop rental of trailers retail store personal service shop radio or television repair shop tire shop assembly of minor electric or electrical equipment sign manufacture wholesale store or business repair garage used car sales lot repair shop (A.T.Ws /lawn equipment) b) that the property be maintained in accordance with a detailed site plan to be approved by the Development Officer, prior to the issuance of a building permit for any renovations to the building or change of use application; C) that a portion of the existing eight foot high, wooden fence, located to the east of the main building be relocated so that it is no closer to the street than the main building; d) that a maximum of two businesses be permitted to operate from the property at any one time; e) that a maximum of two vehicles or trailers used for a truck or car rental business be permitted in the front yard of the property; and Douglas McCaig ana ..ustin Sleigh rage: 3 1922 Manawagonish Road Date:March 16, 1999 f) no outdoor storage of goods or materials is permitted, except within the main building or enclosed compound area. BACKGROUND: In September 1994, Common Council amended the Municipal Plan and rezoned the above noted property from `B -2" General Business to "I -1" Light Industrial, subject to a resolution, pursuant to Section 39 of the Community Planning Act. These Section 39 conditions include the following: a) the use of the property be limited to the manufacturing, installation and sale of tow truck bodies, as well as a vehicle compound for a towing business; b) open storage of goods, other than new or licensed vehicles, may be permitted within the main building or enclosed compound area; c) the property be developed in accordance with a landscaping plan, subject to the approval of the Development Officer, and such improvements be completed within one (1) year from the approval date of the change of use permit; d) the large sign structure previously used by the service station be removed within six (6) months from the approval date of the change of use permit, and the property only be permitted a new freestanding sign with a maximum area of 18.58 square metres (200 square feet); and e) the existing metal fence posts along the frontage of the property be removed within six (6) months from the approval date of the change of use permit, and no additional fencing be permitted on the property. The sign mentioned above in (d) has since removed and the metal fence stated in (e) has been removed from the property. INPUT FROM OTHER SOURCES: Engineering has no objection to the proposed change to the Section 39 conditions. Building and Technical Services has not submitted any comments. N.B. Department of Public Health Services have no objections to the proposed amendment. N.B. Department of Environment has submitted the following comments. Environmental issues associated with the operation of light industrial facilities are of some concern to the Department of the Environment. Primarily due to the potential for "discharge of contaminants" to the Douglas McCaig and -Lustin Sleigh Page: 4 1922 Manawagonish Road Date:March 16, 1999 environment (air, soil and water). Hazardous substances include such things as: volatile organic substances (VOC's), paints, body fill, cleaners solvents, petroleum products, waste oil, antifreeze and other liquid chemicals as well as ozone depleting substances (ODS). Although the uses described are considered by the Department to be relatively small sources, and therefore do not require a permit, there remains a potential to impact the environment and human health, if not properly constructed and managed. 2. If approved, the facility should be designed and operated to minimize the potential to impact human health and the environment. (e.g. proper ventilation and air filtration system; floor drain connected to sump to recover any spilled products; site contouring to limit contact between site drainage and light industrial operations.) 3. All hazardous waste should be either returned to the suppliers or collected by an approved hazardous waste disposal company. 4. The location of an industrial facility in proximity to a residential area often results in incompatible situations and complaints by residents to the Department (and no doubt the City). Effectively addressing these situations through the planning process is likely the best course of action. ANALYSIS: Proposal The applicant is requesting an amendment to condition (a) to remove the restriction limiting the use of the property. The applicant is seeking to allow for a greater variety of uses permitted in the "I -1" Light Industrial zone category, including among other uses; truck rental operation, car wash facility and a used appliance repair /sale business. A complete list of proposed uses for this property is attached to this report, titled Appendix "A ". The applicant has also indicated to staff that it is their intent to move the eastern portion of an existing eight -foot high wooden fence that surrounds an outdoor storage area to be parallel with the front face of the building on the site. In 1994, staff included this re- location of the fence as part of their recommendation, however, it was not adopted along with the other Section 39 conditions. Douglas McCaig ana . ,ustin Sleigh l uge: 5 1922 Manawagonish Road Date:March 16, 1999 Site and Neighbourhood There is a mixture of commercial and light industrial uses developing in this area. The adjoining property to the northwest is used for trailer sales and services, as well as the fabrication of utility trailers. To the east of the subject property is a single- storey brick office building used by the New Brunswick Department of Natural Resources, and further to the east is a large electrical substation. Directly to the rear of the property is an old gravel pit that is presently used as a demolition debris area. The land across the street remains undeveloped. There are a few additional commercial businesses further along Manawagonish Road to the west. The subject property has 203 feet of street frontage and is 147 feet in depth, having an area of 29,707 square feet. Attached is a partial site plan illustrating the location and size of a one - storey building with a fenced -in compound area along the east side and rear of the building. The area in front of the building is paved with asphalt. There is minimal landscaping along the front and sides of the property. Potential Uses Presently, the use of the property is limited to the manufacturing, installation and sale of tow truck bodies, as well as a vehicle compound for a towing business. The applicant is requesting an amendment to condition (a) contained in the Background of this report to remove the restriction limiting the use of the property to allow for a greater variety of uses permitted in the "1 -1" Light Industrial zone category uses (items that contain a check mark). The proposed list of uses submitted by the applicant are mainly service type businesses with a few light industrial type uses. Staff has a concern with a number of the proposed uses. An autobody paint or repair shop would involve a discharge of contaminants; specifically paints, body fill, cleaners, solvents petroleum products, waste oil, antifreeze and other solvents. The properties along Westgate Drive are approximately 640 feet from the subject property. The N.B. Department of Environment has indicated they have some concerns for this type of use being in relatively close proximity to a residential neighbourhood. Due to the potential discharge of contaminants associated with an autobody paint or repair shop, staff cannot support the inclusion of this use for this property. Carpentry or cabinet- making also have the potential of dust are to be excluded. The storage of scrap materials is also not appropriate for this area. Douglas McCaig and ,,ustin Sleigh 1-age: 6 1922 Manawagonish Road Date:March 16, 1999 This section of Manawagonish Road is considered to be an arterial which experiences relatively large volumes of traffic. The Municipal Plan envisages this area to develop with a variety of uses similar to the applicant's proposal. The remaining uses listed in Appendix "A" can be supported. The list has been shortened by not including a doctors office, insurance office, accounts office as separate uses as they are included in a business office. A vehicle repair shop is also a repair garage. Site Appearance Although the property is currently limited to a towing business as per the Section 39 condition, the applicant has leased the building on the site which now has a used appliance /repair shop, truck rental business and a mobile car wash business. The area of land in front of the building is relatively small and can only accommodate eight to ten parking spaces with an additional two spaces if the fence is moved further to the rear, flush with the front face of the building. A site inspection of the property had indicated that of the eight to ten available spaces, five of these spaces were occupied by U -haul trucks and trailers, leaving few spaces for staff and customers. Three businesses occupying this relatively small property with limited on -site parking, especially with the presence of U -haul trucks and trailers in front of the building produces an over -use of the property that creates a cluttered and unattractive appearance. An example of a similar situation is the property in East Saint John at the intersection of Loch Lomond Road and McDonald Street, known as 216 Loch Lomond Road. This property has a number of small businesses in a relatively small building, including a U -haul rental business. On -site parking is at a premium with a significant number of these spaces occupied by U -haul trucks and trailers. In addition to the lack of available on -site parking that is associated with several businesses occupying a small property, the amount of signage required for each of the businesses provide an unattractive appearance. To ensure that suitable on -site parking is available and to minimize the potential for excessive signage on the property, it is recommended that Section 39 conditions be imposed, limiting the total number of businesses operating from this site to a maximum of two, limit the number of vehicles /trailers for the U -haul business permitted in the front yard of the building to a maximum of two. There is ample space within the fenced compound located to the rear of the site to accommodate any additional trucks or trailers required for this business. Douglas McCaig anu .tustin Sleigh rage: 7 1922 Manawagonish Road Date :March 16, 1999 Mobile Signs During a site inspection by staff, a mobile sign was located on the site, of which a portion of the sign was in the street right -of -way. The Zoning By -law permits one mobile sign on this property setback a minimum of 3 metres (10 feet) from the front property line. This zoning infraction has been reported to Building and Technical Services for enforcement of this regulation. CONCLUSION: The subject property has minimal space in front of the building for on -site parking. The high traffic that can be generated from a truck rental business along with the storage of these vehicles on -site creates a parking problem for this business and any other business located on this property. The recommended Section 39 conditions will minimize the parking demand and the unattractive appearance that may occur from an excessive number of businesses operating from this property. IN-09M COMMUNITY PLANNING F loa. a � t 1918 B- 2 R F (n R F Subject Site: Address: 1922 Manawa onish Road Map Number: 06N -54NE Date: February 8, 1999 Scale: N.T.S. 67 71 p3 TN o 7a 129 20 1 � 6, =QV z 66 72p h 2 57 sa na R �- 53 16 ae ns 47 24 Is n2 43 41 j + 37 77 31 v 91 92 r' EL, C DRIVE 81 89 r. 7 ea 69 30 � R- I B 67 74 •'�� 5a/ �f a P 55 Yom, 51 P 47 >. 41 = 40 ' 0 3a �j r 2a rR - IA i Z � 1e7o ,saa lase a z' , Q - c` hlgff V52 1eS > x �Wq CCVYrS� 3 - J1 A R F � TH NBGIC Number (s): 00403626 N MA PA- R7"IAL, SITE PLAN ( Gk 1 SttYl(� y co i 1 [ ars) Community Planning Department December 21/98 Section 39 Amendment Retail — bakery ; delicatessen ; rental of trailers; appliances ; A. T. V 's / srtow mobiles, lawrt equipment, chain saw equipment; sport a °earing apparel; Office Y business offices; bank; cioclor offices; t=� accountant office insurance office Service S animal hospital; - interior decorating studio; — artist's studio; - laundry agency; auction room; - laundry (auto. Or self service ); barber shop; laundry (steam ); beauty salon; = motion picture studio; — catering establishment; - paint or paper - hanging shop; - cleaning & dyeing establishment; pawn shop; — crematorium; personal service shop; — dry cleaning establishment; pet shop; -• film exchange; - photography studio; — frozen food locker establishment; - print service; — hotel; - / public steam or sauna bath; — ice vending machine; ty/ radio or television repair shop; — radio or television studio; - tailor shop; —/ restaurant; repair shop (A. T. Z' : 's / larva equip.); / taxidermy shop; b� b/ vehicle repair shop; Automotive Commercial V/ auto body paint or repair shop; u tire shop; automobile and parts salesroom; - trailer or mobile home sales; repair garage, l� truck or car wash; Recreational archery range; - dance hall; golf driving range or miniature rifle range- ( other than in an enclosed bldg.); - gymnasium; billiard hall or poolroom; - motion picture theater; -- theater; Institutional — church; - postal substation; - commercial school; - public or quasi - public bldg.; — community centre; - public open space; public utility bldg. or installation; - fire station; -- institutions of a religious, or charitable nature; - subject to subsection (2) (a)r. philanthropic A public utility service yard; — library; - school including a public, business, trade or technical school; — music college; - police station; Manufacturing and Industrial - assembly of automobile equipment; - ice storage house; 6% assembly of minor electric or electrical equipment; - jeweler manufacture; — boat building plant '(not to exceed 25M.); - machine tool manufacture; — bottle and distribution plant for milk or carbonated beverages; - mattress ;manufacture; - metal- working, tinsmith, plumbing, - candy manufacture; gas, steam or hot water fitting shop; — cannery for fruit or vegetables; - musical instrument manufacture; carpentry, cabinet - making, or furniture upholstering shop; - novelty &toy manufacture; — clothing &garment manufacture; - ornamental metal work; -- cold storage plant; - / shoe or boot manufacture; — dairy & dairy products manufacture; b� sign man ufacture; tent, awning and allied manufacture; -- electro - plating; - truck & trailer terminal operations, electrical repair shop; including repair & maintenance facilities; (by -law C.P.100 -114) — film processing or testing laboratory; - truck garden, or field crop, nursery, berry or bush crop, orchard or pasture land; food, other than fish, products manufacture, processing and packaging; - warehousing customarily served by vehicles of 8 meters or less in length; -- ice plant; k1 wholesale store or business; — workshop complementary to retail shop; (b) the following uses subject to such terms and conditions as may be imposed by the committee: Retail - retail store, not including a shopping centre; - Christmas tree sales; - fish market; Set -vice - animal pound, kennel or veterinary clinic, - funeral home; - subject to subsection (2) (b) an office or parking area for a taxi business; bus or other transportation terminal; - subject to subsection (2) (c) & (d) a - beverage room, club or lounge; ( by- law C.P. 100 -284) A tomotive Commercial G /car sales lot; used car sales lot; - service station; - gasoline bar; - parking area; Recreational - subject to subsection 2 (e), an amusement place; - athletic or health club; -- auditorium-, - open air sports arena; v bowling alley; - stadium; - private club, fraternity or loge without a license under N.B. L. C. act; - curling rink; - drive -in theater; - ice rink; - roller skating rink; Manufacturing and Liaht Industrial - battery manufacturing or rebuilding; - freight or truck yard terminal; - brewery; - furniture manufacture; - building equipment and material storage yard, including accessory mill work; - gravel, sand &similar building - bulk oil storage depot or warehouse; clay products manufacture excluding brick and tile; - concrete mixing; - concrete products manufacture, not including precast plant and manufacture; material storage, hatching & /or raising or live animals; w laboratory; _ monument or stone works; - municipal or provincial works depot;( by -law C.P. 100 -213) - excelsior manufacture or storage; - feed or fuel storage; -flood control device; (by -law C.P. 100 -213) - storage & 1 or recycling depot for scrap paper & paper products, plastic products, aluminum & steel cans, bottles Lac other beverage & food containers, including a redemption centre, provided that it is Contained within a enclosed building; Vstorao,e (By -law C.P. 100 -422) yard other than scrap paper, bottles, rags, bone or scrap metals, provided it is enclosed by a solid, painted and neatly maintained fence; - warehouse (general) customarily served by motor vehicles in excess of S meters in length; VI'Velding shop; plastic products manufacture; radio or television transmitting & receiving station towers & equipment; sash and door manufacture; - sewerage service & treatment facility (by- law C.P. 100 -213) w utility depot; ( by -law C.P. 100 -213) - water service & treatment facility; (by -law C.P. 100 -213) IP Al J5 i 0 F A} TIN *"r r • V � S � A 4 .. , • 3 + r ate. •ya x - � f F A} TIN *"r i r • V � S i r 4 x S � 4 f � ti M T • office of the Mary L. Munford Common Clerk Common Clerk P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E21- 4L1 February 15, 1999 City of Saint john Ms. Carolyn Land Dynamic Construction Corporation Ltd. 8 Melrose Street Saint John, NB E2J 1 C9 Dear Madam: At a meeting of the Common Council, held on the 8th instant, the following resolution was adopted, namely:- " RESOLVED that the letter from Dynamic Construction Corporation Ltd. submitting an invoice for the rental of land in Glen Falls -- be received and filed." Yours truly, Mary L_ unford Common Clerk MLM:sc 02/03/19g12 14:16 506 - 633 -0897 JONES AND ASSOCIATES PAGE 02 21 Dynamic; Construction Corporation LU g -Melrose Street Saint .iolin.: NB JW 1 C9 January 28, l 999 WITHOUT PREJUDICE' Mayor - Shirley McAlary and-Members ofiCORIi inn Couxtcit PO Box 1971 Saint John- ".NB E2L 4L1 Re' Dynamic Construction Corporation Ltd. A ttacbecl please .find invoice of long outstanding account with said company. Will you see justice done? . • Flooding not- said. c6mpWLY. 's respotisibility " • No flooding under: S imonds Council policies + Archive'fiits prove C"ityhad knowle4e of the -cause of the flooding + Great Marsh Comiilission Conunittec consisted 6f property owners maintaining - pri vate property rights + Trenches dug without property owners appr-ov$1• • Discrimination in that allow'auce.o or. a pxvpc} y_;o. rn+a to =.I 1l:their;kiis_ ! All tiro of our land.was stio!1*6 by Mjy or axig ✓ou it ordets Stuff and other Government Agonts prom ed com satioii, rental of land and payment for spoiled Lots with trenches • . Policies required impossible proccdtlrea ■ Our land'made unmarketable Dynamic Construction Corporation. Ltd. . C64ray n 1 act rdL s, 1999 �1 Y �r4 DYNAMIC CONS TRUCTIO�� 4RPQRATION LTp_ !ip 8' Me3.ra -se Street t Saint John; ::Cg_ E2;1 1 C9' T= -January '28, 1999 ?; CitY of Saint John PO Box Saint John, N.FI. E2L 4LI INVOICE' Z, DecPmber 31 Dalance -forward Gt�6., 4$5..90 January Rental of land :befote "tax sale _ r.. l tan Interest @ 6 per an um 4.k, 3.09. 15 Ilk $ 72t),795.05 47, 1. , ., rt ty P. 7b l