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1999-05-17_Agenda Packet--Dossier de l'ordre du jour
AGENDA COMMON COUNCIL - as at May 14, 1999. 1. Meeting called to order, 7:00 p-m., Monday, May 17, 1999 - prayer. 2. Approval of minutes (May 10, 1999). 3. Mayor's remarks. COUNCIL 4. Re Lantic Sugar issue (Mayor McAlary). 5. Re Council meetings (Councillor Titus). CITY MANAGER 6. Report re tender for Contract 99 -13: East transmission system sealing joints, 900mm watermain Rothesay Avenue to Loch Lomond Road. 7_ Report re tender for Contract 99 -16, Glen Falls floodways. 8. Re Protective Services computer operating system upgrade. 9. Re proposed re- zoning of property at 1360 Manawagonish Road (Fairport Motel & Restaurant) (see also item #14). 10. Proposed amendment to November 23, 1998 Council resolution re lease of land at 40 Bayside Drive. 11. Re Odell Limited's proposal for a new works garage on property on Grandview Avenue. 12. Re Housing Incentive Application HIP #89 for development on Sand Cove Road. COMMON CLERK 13. Re application of Victor Train for Municipal Plan amendment and re- zoning of property at 2690 Loch Lomond Road (public presentation made April 12, 1999). 14. Third reading of proposed Zoning By -law amendment to re -zone property at 1360 Manawagonish Road and imposing of conditions pursuant to Section 39 of Community Planning Act (1st & 2nd readings given May 10, 1999). 15. (a) Third reading of proposed Municipal Plan amendment re Section 3.4.1 of Millidgeville Secondary Plan (1st and 2nd readings given May 10, 1999). (b) Third reading of proposed Zoning By -law amendment to re -zone property at 177 -187 Manners Sutton Road and imposing of conditions pursuant to Section 39 of Community Planning Act (1st & 2nd readings given May 10, 1999). COMMITTEESICOMMISSIONS 16. Committee of the Whole report (May 10, 1999) - (1) re sale of 134 Queen Street West; (2) re remuneration, Deputy City Manager. *16A. Committee of the Whole report (May 13, 1999) (1) -(4) re salary adjustments for Council - appointed positions. 17. Greater Saint John Economic Development Commission, Inc. re regional transportation system. 18. Greater Saint John Economic Development Commission, Inc. requesting a policy to permit Enterprise Saint John to establish cash reserve. GENERAL 19. Letter from Minister of the Environment re financial commitment for Spruce Lake closure and remediation. 20. Letters from Jane Barry, MLA, re (a) sidewalks - Centracare 1 Ridgewood area, South Bay; (b) signage in Russell Hill Road and Balmoral Crescent area; (c) sidewalks on Gault Road. 21. Letter from Communities in Bloom Education Co- ordinator re list of projects. 22. Request of Celebrate Canada Committee for Saint John for recognition as official co- ordinating committee for Canada Day celebrations in Saint John and for financial support. 23. Request of P. Cook for permission to build up yard at 3 Todd Street. 24. Request of Cornelius Bean's Cafe for approval of seating arrangement for outdoor dining at 68 King Street. 25. Application of Crowe's Place Ltd. for re- zoning of property at 321 City Road. 26. Application of Corporation 1906 Inc. for re- zoning of Lot 97 -1, Paradise Row. 27. Letter from Catherine Sherman re building permit denial, 115 Huxtable Street. *27A. Re subdivision agreement, 177 -187 Manners Sutton Road (City Manager). Page Two. COMMON COUNCIL AGENDA - as at May 14, 1999. COMMITTEE OF THE WHOLE - 4:30 p.m. 28. 4:30 p.m. - Saint John Development Corporation re waterfront development. 29. Letter from May 48th Observance Committee re Honourary Charter Officials. 30. Re CUPE Local 486 collective agreement (City Manager). 31. Re Old General Hospital site (City Manager). 32. Re sale of portion of right -of -way, Cedar Point (City Manager), 33. Re proposed advertising agreement (City Manager). 34. City Manager's update. 35. Mayor's update. cflagar's Off ve P ,3ttint J04n, T_ _ PROCLAMATION WHEREAS: our voiceless seniors — those who have lost their autonomy because of Alzheimer's disease and related illnesses — were once vibrant members of society; and WHEREAS: all senior citizens have the right to respect and dignity, irrespective of their functional level; and WHEREAS: as our population ages, the prevalence of cognitive impairment increases, creating a greater need for compassion and new options in caring. G NOW THEREFORE: I, Shirley A. McAlaLZy Mayor of the City of Saint John, do hereby proclaim 20, 1999 ("A ay of mpassion" in the City of Saint John. IN WITNESS WIEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. R O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21- 41-1 • (506) 658 -2912 `f ,ffinUor'S Offire May 14, 1999 OPEN SESSION OF COUNCIL Deputy Mayor Chase and Members of Common Council P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Deputy Mayor and Councillors: I wish to provide the Members of Common Council and the public with an update on the Lantic Sugar issue. The Resource Committee of the Lantic Sugar issue has been meeting on a regular basis and has been providing updates to me. The Steering Committee, on which all of you and others, such as; other levels of government and various agencies have not had a meeting recently as the Working Resource Committee has been busy putting a plan of action in place. The Working Committee consists of representatives of the City, Province, Board of Trade, Enterprise Saint John, Lantic Sugar and the District Labour Council. We also have an adjustment Committee set up for the employees — an office has been established on site so that all employees can obtain assistance with writing resumes, job training and upgrading. The Working Committee has established Terms of Reference, Facility P. O. BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E21 411 • (506) 658 -2912 Profile and an Economic Impact Assessment. Alternative uses — Consultant was engaged by the group, held meetings in Saint John and interviewed several key business leaders from Saint John from which opportunities were identified. Marketing efforts — to be undertaken by three levels of government, Enterprise Saint John and Lantic Sugar. Lantic Sugar has assisted in financing the marketing efforts. A marketing brochure has been established, 2500 copies have been distributed to industries that we feel could utilize the facility. Information has been placed on the web -site. Ads have been placed in trade magazines and the "Friends of Saint John" group has been given the information. Lantic Sugar will not give authority for the facility to be used for the manufacture of domestic sugar, marketing contacts have been made with Cuba on tolling sugar, however, it is not financially viable. Visits have been made to Ontario to seek information about an Ethanol Plant, but the product, corn, is needed in abundance. The Province of New Brunswick does not have a large enough supply. The facility could be used for storage or the warehousing of raw materials, fertilizers or salts. Contacts are still being pursued on every aspect to market this facility. The site is centrally located and has a unique strength in that it is served by the port, rail and road. I do want to give assurance that from my last meeting with Mr. Greg Hoskins and other officials of Lantic Sugar earlier this year, that they have committed to the city that if at the time of closure of the facility that no new opportunities have been found, that they will be most responsible in securing the facility and making plans for the future, should it be necessary. Mr. Greg Hoskins will be meeting with us in mid June to discuss how the city, port and Onex Corporation will move forward on this issue and to discuss the next steps. I would propose that the next meeting of the Steering Committee be held after the meeting with Lantic Sugar officials. For your information. Yours sincerely, Shirley A. McAlary MAYOR SM/meg 5 City Hall 15 Market Square OPEN SESSION M, 11999 P.O. Box 1971 Saint John New Brunswick Canada E2L 41-1 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Council Meetings BACKGROUND: Moncton - 2 regular meetings per month Committee of Whole - off Mondays Fredericton - 2 regular meetings per month Committee of Whole - off Mondays Miramichi City - 1 meeting per month PROPOSED ACTION: E Rffii':i City of Saint John With the stated intention to operate in an efficient manner (time and resources of both staff and elected), I would like to propose a motion to change the number of meetings, time of meeting and procedure at meetings. Respectfully submitted, C `/ Chr' er T. Titus Councillor CTT /jaf M &C 99 -146 May 12, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Contract 99 -13: East Transmission System Sealing Joints — 900mm Watermain Rothesay Avenue to Loch Lomond Road BACKGROUND City of Saint John The 1999 Capital Works program for the Water and Sewerage Utility includes provision for the sealing of joints on the 900mm diameter watermain. between Rothesay Avenue and Loch Lomond Road. This procedure involves installation of specialized stainless steel and rubber seal units, which are pressure tight and remain flexible enough to allow movement in individual pipe joints without allowing water to escape from the system. The pipeline is taken out of service, drained and the repair process takes place inside the pipeline. This contract consists of all the labour, material and equipment to supply and install approximately 430 of these specialized seals. They will be installed inside the watermain in an area where there are sensitive soil conditions and substantial commercial development is taking place. The seals will protect the structural integrity of the pipe joints eliminating costly future repairs. City forces will also be involved with this project by isolating the section of water-main to be sealed, draining the water, opening access manholes, providing traffic control and maintenance of open excavations for the duration of the work. The work comprised in the contract is to be completed 30 calendar days after the execution of the contract by the City. TENDER RESULTS Tenders closed on May 5,1999 with the following results: 1. Atlantic Underground Services Ltd. $338,845.00 Riverview, N.B. 2. Aqua -Rehab Inc. $359,304.40 Laval, Quebec 3. Fairville Construction Ltd. $368,429.00 Saint John, N.B. _ M &C -99 -146 Contract 99 -13 Page 2 The engineer's estimate for the work was $434,950.00. ANALYSIS Staff reviewed the tenders and all the tenders were found to be formal. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The project includes work that is to be charged against a Capital Work Project in the Water and Sewerage Utility. Assuming award of the contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces. The analysis concludes that a total amount of $550,000.00 was provided in the budget and the projected completion cost is estimated to be $393,590.73, leaving a budget surplus of $156,409.27. The higher than anticipated budget surplus can be related directly to the low unit prices obtained within the contract. RECOMMENDATION It is recommended that Contract 99 -13: East Transmission System — Sealing Joints - 900 mm Watermain be awarded to the low tenderer, Atlantic Underground Services Ltd., at their tender price of $338,845.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. submitted, Terrence L. Totten, C.A. City Manager vi m z C W d7 � O? M C w LD 0 cu O LL1 Ir W w di z az ❑ w Z O H U w MI O t- 6 c M M C/) U OQ 0 cr H ~ V z Q0 Cr L) z 0 0 z LU 2i O I 0) 4- c 0 ro .0 U to O > O U S U (O t O Y C N E C U) ro m o U > � C C O O C O m � > .a ro � V ro X N � O U u C C N O V — U 75 c O m Co Y cc N ro V U U tz m o o U a o CL O LO C � 00 ro tb M (D M m O N Y 4 C Y p� O _C E C Q L7 O Y C Q) co ro N m Ql C C t Y 10 C O � O N -a Y CO Cl) en 7 tll U L Cf) Y C m Y O C 7 ir a � � Z O w O r O U ti V Z 0 0 m m w Z a REPORT TO COMMIGPvT COUt-,ICIL M &C 99-147 May 12, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Contract 99 -16 Glen Falls Floodways BACKGROUND city of saint john The Glen Falls area, part of what was once known as the Great Marsh, has been subject to flooding on numerous occasions in the past. Common Council has identified the need to provide floodways or storage areas to help mitigate the effects of flooding on residential as well as commercial properties. The City of Saint John has a Flood Risk Area By -Law, which provides for the maintenance of adequate channels for conveyance of drainage /flood waters, the conservation of the flood storage capacity of any area and the protection of new development from the risk of flood damage. Construction of a floodway or floodways will assist in administration of the by -law and provide compensating storage for development in the area. Construction of the floodway represents one of a number of planned maintenance and construction initiatives along the Marsh Creek system intended to help alleviate the frequency and severity of flooding incidents. The 1999 Capital Works program has identified funds for the construction of the first phase of the planned floodway. The work consists generally of the excavation and landscaping of a City owned parcel of land in the Marsh Creek/Coldbrook Stream area to create the floodway. A floodway is essentially an excavated area that serves as additional storage capacity for floodwaters during a storm event. The work comprised in the contract is to be completed 60 calendar days after the execution of the contract by the City. M &C -99 -147 Contract 99 -16 Page 2 TENDER RESULTS Tenders closed on May 5, 1999 with the following results: Galbraith Construction Ltd. Saint John, N. B. $420,600.00 2. L. Halpin Excavating Limited $592,925.00 Saint John, N. B. 3. Debly Enterprises Ltd. $654,392.50 Saint John, N. B. 4. Fundy Contractors Limited $692,300.00 Leonardville, N. B. The engineer's estimate for the work was $498,500.00. ANALYSIS Staff reviewed the tenders and all tenders were found to be formal with the exception of the tender submitted by Fundy Contractors Limited, which contained a mathematical error in the summation of unit bid totals. The error has been corrected in accordance with Section 4(a) of the Tendering Procedures for the Purchase of Services for the City of Saint John. The corrected total is reflected in the Tender Results above. Staff is of the opinion that the low tenderer, Galbraith Construction Ltd., has the necessary expertise and resources to perform the work and recommend acceptance of their bid. FINANCIAL IMPLICATIONS The project includes work that is to be charged against the Capital Work Program in the General Fund as approved by Common Council on March 1, 1999. Assuming award of the contract to the low tenderer, an analysis has been completed including all anticipated costs for the project. M &C -99 ---147 Contract 99 -16 Page 3 The analysis concludes that a total amount of $500,000.00 was provided in the budget and the projected completion cost is estimated to be $405,910.95, including engineering costs and HST rebate, leaving an estimated budget surplus of $94,089.05. Staff will monitor expenditures on the project with the possibility of returning to Council, at a future date, with a recommendation for approval to expend the remaining fiends to take advantage of the low unit prices and provide additional storage volume in the first phase of the project. RECOMMENDATION It is recommended that Contract 99 -16: Glen Falls Floodwa s be awarded to the low tenderer, Galbraith Construction Ltd., at their tender price of $420,600.00, as based upon estimated quantities, and further that the Mayor and the Common Clerk be authorized to execute the necessary contract documents. e ct lly submitted, y Paul Groo , P. Eng. commis , ner, Municipal , eratior Terrence L. Totten, C.A. City Manager 06 -i m z C LU rn d rn � C Xtu 101 QI L, LU LU Z Q Z ❑ w z N O H Q wmI� 06 O cc w IL O LL. U fA J U r Q F Z LL U U LU z O O U w (D U U) a� m rn cu C �o E U .o a `o y N N C m U) C O U O N U t O � L N z -O W C Y O ��j C) O U m 0 z 0 U in g 0 w Z 0 LO LO @ O O Q M 00 O) M O ct U) (: O -0 + + m [f) lI7 n m O] J + d d 41 + C? ll O] Or LO LO LO + O O d O �CD C) @ O a m M M O O N 00 Cl) Lo OD cN M O M O O p O O O O O O M U c0 •� yr 0 LO !f C? o O O L C O O a> �t O yr O O (O (O t Q O O cli C14 C O O - O O M O a) C O O m �� U O O a LO LO 0 N a � U } C O ❑ a O U) J a) U- J ❑ U J a O LL � Z W C7 w (D U U) a� m rn cu C �o E U .o a `o y N N C m U) C O U O N U t O � L N z -O W C Y O ��j C) O U m 0 z 0 U in g 0 w Z 0 REPORT TO COMMON COUNCIL Open Session M & C 99 -150 May 10, 1999 Her Worship Shirley A. McAlary And Members of Common Council Your Worship and Councillors: SUBJECT: Computer Operating System Upgrade Protective Services Computer System BACKGROUND: City of Saint John The reporting systems used by the Saint John Fire Department and Saint John Police Force are currently maintained on an IBM AS400 computer that resides on the 5a` floor of City Hall. This computer also functions as the backup computer for the Public Safety Communications Center, and was acquired in 1996. After reviewing the Y2K readiness for this computer, it has been identified that the hardware components of the AS400 are adequate to meet the Year 2000 demands_ However, it has been identified within the software requirements that the operating system requires an upgrade to become Year 2000 compliant. ANALYSIS A version number and a release number identify operating systems. There is no charge for release upgrades; however, there is a charge for a version upgrade. Currently Version 3 of the operating is installed on the subject AS400; all release upgrades available have been installed. In order to ensure the operating system is Year 2000 ready it is necessary to upgrade the operating system from Version 3 to Version 4. The two other AS400's operated by the City are already at Version 4_ M & C 99 -150 May 17, 1999 Page 2 FINANCIAL CONSIDERATIONS The cost of this upgrade is $ 47,368 plus HST. IBM is the sole supplier for the AS400 Operating System. The staff of Public Safety Information System group will complete installation_ Funding has been provided in the 1999 Capital Budget for this item. RECOMMENDATION: It is recommended that Common Council approved the purchase of Version 4 of the IBM AS400 operating system from IBM Canada at a price of $47, 368 plus HST. Director, Information Systems and Support Terrence L. Totten, C.A. City Manager REPORT TO COMMON COUNCIL OPEN SESSION M & C — 99 -149 May 13, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning Fairport Restaurant 1360 Manawagonish Road BACKGROUND: 1 City of Saint John Common Council held the public hearing concerning the above -noted application on May 10, 1999. Council also approved first and second reading of the rezoning on that date. ANA1.YS19- During the public hearing, the applicant expressed agreement with the Section 39 conditions as recommended by the Planning Advisory Committee. However, during his presentation the applicant also indicated that he would relocate the proposed entrance for the lounge to the front of the building. In fact, such an action would be prohibited by proposed condition (e), which states: The customer entrance to the proposed lounge must be from within the restaurant, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law. The primary concern is the prohibition of an entrance on the west wall, facing the recently developed White House Court townhouse development. While the applicant initially wanted an entrance to the lounge in this area, he has agreed to modify his proposal by placing the entrance in the front of the building. This is viewed as an appropriate modification to his proposal. If Common Council wishes to permit the proposed lounge to have its own separate entrance on the front of the building, as proposed by the applicant, then it would be appropriate to delete the above condition (e) from the proposed Section 39 conditions. The subsequent conditions (f) to (h) would then be renumbered as (e) to (g). A revised resolution is provided below. Report to Common Council May 13, 1999 RECOMMENDATION: Page 2 That Common Council rezone a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC #397786, from "R -IA" One Family Residential to "B -2" General Business, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the commercial use of the property is Iimited to the existing non - conforming motel, the existing restaurant, and the applicant's proposal to establish an small licensed lounge as an accessory use within the existing restaurant building; b) the lounge must be operated as a secondary use to a restaurant that continues to be licensed as a Dining Room under the Liquor Control Act; C) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 percent of the total combined restaurant/lounge capacity, whichever is less; d) there shall be no Entertainment licence, and any recorded music must not be detectable outside of the building; e) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; f) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 1:00 a.m. each night; g) there shall be no expansions to the existing building. troy submitted Jim R. Baird, MCIP Manager, Community Planning ?.Claude MacKinnon, P.Eng. ommssioner Environment & Development Services RGPIr Terrence Totten, C.A. City Manager /0 REPORT TO COM MON COUNCIL M &C99 -1.33 May 3, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT 40 Bayside Drive BACKGROUND tin City of Saint John Council at its meeting of November 23, 1998, authorized the lease of land at 40 Bayside Driv=e. The purpose of this lease was to accommodate, on a temporary basis, the City's East Works Operations (see attached). At the time of negotiating the term of the lease, staff felt that by the spring of 1999, the East Works Operations would be in its new "permanent" location. At this time, construction of a new facility has not commenced. The City will require further use of the 40 Bayside Drive location until such time as the new facility is available. The Works Department has requested a 6 month extension to the lease. The property owner is agreeable to the lease extension. Funds exist in the Works Department Operating Budget to facilitate the lease extension. The purpose of this report is present to Council for its consideration, a recommendation to extend the lease of 40 Bayside Drive for an additional 6 month period. RECOMMENDATION: Your City Manager recommends that Common Council amend its resolution pertaining to the lease of land at 40 Bayside Drive, adopted on November 23, 1998 by deleting paragraph 1 therein and substituting therefore: Report to Common Council May 3, 1999 Page 2 O That the term of the lease shall be twelve (12) months commencing on November 24, 1998 and shall expire on November 23, 1999. It is further recommended that all other terms and conditions of the aforesaid resolution remain the same and that the Mayor and Common Clerk be authorized to execute a lease agreement. Respectfully submitted, s e (2 Sid Lodhi, P. Eng. Manager Real Estate and Facility Management Claude MacKinnon, P. Eng. Commiss' ner Enviro rut & Deve ment Services Terrence Totten, C.A. City Manager 2' REPORT TO COMMON COUNCIL COMMITTEE OF THE WHOLE M &C98 -365 November 23, 1998 HER WORSHIP MAYOR SHH1LEY MCALARY AND MEMBERS OF COMMON COUNCIL. YOUR WORSHIP AND COUNCILLORS: SUBJECT Lease of Land 40 Bayside Drive BACKGROUND q �4 City of Saint John As Council is aware, the City has sold 411 Grandview Avenue to Irving OR to facilitate the Refinery Expansion. As a result of this sale, the City's East Works Operation must be relocated. Staff are currently addressing the issue of a new permanent location, however, at this time, the Works Department requires a temporary eastern location to park vehicles and heavy equipment, as well as a location to store salt and sand. Staff of the Works Department have at length, searched the main corridors of East Saint John for a potential "temporary" site. A potential temporary winter site has been identified. The terms of a monthly lease have been discussed. The purpose of this report is to present the results of the lease negotiations to Council for consideration. ANALYSIS Strategic Plan Conformity/Existing City Policy It is City policy that Real Estate and Facility Management negotiate on behalf of the City for accommodations required by the City. Upon completion of the negotiations, a report is presented to Council for consideration. Report to Common Council November 23, 1998 Page 2 2. Input From Other Sources The Works Department has identified a 78,750 sq.ft. f portion of 40 Bayside Drive as a temporary location for some of its East Works Operations. The subject property is more commonly known as the Atlantic Colas site. A company called McAsphalt Industries Limited, based out of Scarborough Ontario, recently purchased the lease rights to the subject property. Canadian National Railway owns the fee simple interest in the land (McAsphalt now holds the leased fee interest). McAsphalt Industries currently do not require the use of the entire property and are willing to lease a portion to the City for its East Works Operations. The land is zoned heavy industrial and supports the use. 3. Terms of Lease It is proposed that the City of Saint John lease a 78,750 f sq.ft. portion of NBGIC #55100358, which contains a 4,500 t sq.ft. garage building, as per the following: 0 That the term of the sublease shall be six (6) months commencing on November 24, 1998 and shall expire on May 22, 1999; 4 That the monthly rent shall be $2,800.00 plus HST, payable monthly, in advance, and due on the 24`h of each month; © Rent shall be paid to McAsphalt Industries Limited, 8800 Sheppard Avenue, East Scarborough, Ontario, M1B 5R4; G Prior to the execution of the Lease, the City shall obtain and provide to McAsphalt Industries Limited, proof of issuance of a liability insurance policy of an amount not less than five (5) million dollars; that McAsphalt Industries Limited be co -named in this policy; and that this policy be maintained during the term of the sublease; Report to Conunon Council November 23, 1998 Page 3 © That the City of Saint John shall use the leased premises for the following uses: ➢ Parking of vehicles and heavy equipment; ➢ Rigging and de- rigging of snow plow attachments ➢ Storage of snow plow attachments; ➢ Storage of road salt and sand ➢ lying of road salt and sand ➢ Loading of road salt and sand into trucks; and ➢ General office uses, including staff lunch room and washroom facility. No other use shall be made of the site without the prior written consent of McAsphalt Industries Limited; O That upon termination of the lease the City shall remove all salt and sand piles, vehicles and heavy equipment from the site; 0 If during the term of the lease, the premises or a portion thereof becomes contaminated by petroleum products and/or by- products, as a result of the City's use of the Premises, the City will remediate so much of the leased premises as may become contaminated; O Provided that the road salt and sand piles are removed by the City upon termination of lease, the City of Saint John shall not be held liable for any future site remediation work required by any governing authority, arising from the storage of road salt and sand on the leased premises; 4 Provided the City has undertaken the appropriate site remediation work on the leased premises, or portions thereof that the City caused to become contaminated by petroleum products and/or by- products, McAsphalt Industries Limited indemnifies and holds the City of Saint John harmless from any claim that may arise as the result of the identification of soil/site contamination of the leased premises; and © The Lease Agreement shall also contain the terms and conditions of the attached Schedule `B" excluding clauses 22, 30, 31, and 43 of that Schedule. Report to Common Council November 23, 1998 Page 4 4. Implications of the Proposed Sublease The leasing of a portion of 40 Bayside Drive will afford the City the opportunity to maintain an acceptable service level to the residents and businesses located in East Saint John. The alternative to leasing a temporary location such as proposed herein is to scatter the East Works Operation, between the Rothesay Avenue Facility, the North Works Facility and the West Works Facility. The scattering of the operations would save on leasing fees, however, any saving would be lost due to the costs associated with travel time (ie: extra gas and wages to get equipment to and from the North Works or West Works facilities to points in East Saint John, etc). The estimated travel time saving/loss is 3/4 of an hour per person per shift. It would only take about five storms/outings a month to justify the leasing of a portion of 40 Bayside Drive (on a cost verses saving basis). RECOMMENDATION Your City Manager recommends that Common Council authorize the lease of a portion of NBGIC #55100358, as generally shown on the attached Schedule "A" (hereinafter referred to as the "Premises ") for the purpose of operating a Municipal Works Depot, as per the following terms and conditions: 0 That the term of the lease shall be six (6) months commencing on November 24, 1998 and shall expire on May 22, 1999; 0 That the monthly rent shall be $2,800.00 plus HST, payable monthly in advance and due on the 24" of each month; 0 Rent shall be paid to McAsphalt Industries Limited, 8800 Sheppard Avenue, East, Scarborough, Ontario, M1B 5R4; O Prior to the execution of the lease, the City shall obtain and provide to McAsphalt Industries Limited proof of issuance of a liability insurance policy of an amount not less than five (5) million dollars; that McAsphalt Industries Limited be co -named in this policy; and that this policy be maintained during the term of the lease; Report to Common Council November 23, 1998 Page 5 © Tha, the City of Saint John shall use the leased premises for the following uses: ➢ Parking of vehicles and heavy equipment; ➢ Rigging and de- rigging of snow plow attachments; ➢ Storage of snow plow attachments; ➢ Storage of road salt and sand; ➢ Mixing of road salt and sand; ➢ Loading of road salt and sand; and ➢ General office uses, including staff lunch room and washroom facility. No other use shall be made of the Premises without the prior written consent of McAsphalt Industries Limited; O That upon termination of the lease the City shall remove all salt and sand piles, vehicles and heavy equipment from the Premises; O if during the term of the lease, the Premises or a portion thereof becomes contaminated by petroleum products and/or by- products, as a result of the City's use of the Premises, the City will remediate so much of the leased Premises as may become contaminated; O Provided that the road salt and sand piles are removed by the City upon termination of lease, the City of Saint John shall not be held liable for any future site remediation work required by any governing authority, arising from the storage of road salt and sand on the Premises; and O Provided the City has undertaken the appropriate site remediation work on the Premises, or portions thereof, that the City caused to become contaminated by petroleum products 4nd/or by- products, McAsphalt Industries Limited indemnifies and holds the City of Saint John harmless from any claim that may arise as the result of the identification of soil/site contamination of the Premises. Report to Common Council November 23, 1998 Page 6 m That the lease shall also contain the general terms and conditions as noted in the Schedule `B" attached hereto, except for clauses 22, 3Q, 31 and 43 of that Schedule. It is further recommended that the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, r Sid dhi, P. Eng. Manager Real Estate and Facility Management ("'--J. Claude acKinnon, I mmi= /, Services Terrence Toth City Manager at .r Schedule A 11/02 :1558 I5:a7 416 %823E15 NCASFHaLT E�3 j I J 1+ I f•-- - - - - -- r �I r , :ice •I i , j ! I f f r G 9 Y- :4 f I � I , f S l W tJ G J ■ FACE E12z02 ti•c ! sls�� :f 1 J� i 11 12 13 14 15 SCHEDULE "B" Column One Column Two The Lessee shall pay rent 11. The Lessee covenants with the Lessor that the Lessee shall for the duration of this lease pay to the Lessor the rent hereby reserved on the days and in the manner herein set out without any deduction whatsoever. The Lessee shall maintain 12. The Lessee covenants with the [lie premises in good repair. Lessor that the Lessee shall for the duration of this lease maintain the dcmiscd prcmises in good and sufficient order and repair to the satisfaction of the Lessor, reasonable wear and tear and damage by fire, lightning, tempest and the like excepted_ The Lessee shall permit the 13. The Lessee covenants with the Lessor to inspect the Lessor that the Lessee shall permit prcmises. the lessor, his servants, agents and employees at all reasonable times for the duration of this lease to enter upon the demised premises for the purpose of inspecting the state of repair or making such repairs as the Lessor may from time to time consider necessary. The Lessee shall not alter 14. The Lessee covenants with the the premises without the Lessor that the Lessee shall not, Lessor's consent_ without the prior written consent of the Lessor, place any building, erection, addition or improvement, other than trade fixtures, upon the demised premises, or alter [he interior of the demised premises or any part thereof. The Lessee shall use the 15. The Lessee covenants with the premises for agreed Lessor that the Lessee shall use the purposes only. demised premises only for the purpose or purposes agreed upon by the Lessor and Lessee. <'1 17 18 19 20 -2- The Lessee shall comply 17. The Lessee covenants with the with all laws. Lessor that the Lessee shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use or occupation of the demised premises or any part tliereol' by the Lessee. The Lessee shall deliver 18. The Lessee covenants with the vacant possession upon Lessor that the Lessee shall upon termination of the lease. the expiration or other sooner determination of this lease peaceably deliver to the Lessor vacant possession of the demised prcmises in the condition in which the Lessee is by this lease required to maintain the demised premises. The Lessee shall permit the 19. The Lessee covenants with the Lessor to show the prcmises Lessor that the Lessee shall permit to purchasers. the Lessor, his servants, agents and employees at reasonable times and after reasonable notice to enter the demised premises for the purpose of showing it to prospective tenants and purchasers. The Lessee shall pay public 20. The Lessee covenants with the utilities. Lessor that the Lessee shall pay as they become due all charges for public utilities including electricity, gas, water, telephone and all other services provided by any public utility in connection with the occupancy of the demised premises. <l 21. The Lessee shall not do any act to increase insurance premiums. - 3 - 21. The Lessee covenants with the Lessor that Elie Lessee shall not carry on or permit to be carried on upon the demised premises any activity which may cause an increase in premiums for insurance upon the building wherein Elie demised premises are situate, or which may render void or voidable any policy of insurance. 22. Tim Lessee shall pay 2. The Lessee coveirantt-ffith-the occupancy =06. Lessor- that the Lessee slitill pay, r �in rlrrr�tinit of il,ec In•�cr. •.[1 r•„�yy' •, r..c lr•.r�rc ,rl 'it5 charged against nee-Ii-an -6-ifll e .Lion 23 25 The Lessee shall provide 23. The Lessee covenants with the public liability insurance. Lessor that the Lessee shall at his own expense tape out and keep in force public liability and property damage insurance in the names of the Lessor and the Lessee for injury, death or property damage occurring in, or arising in connection with the operation of, the demised premises, with all inclusive coverage. The Lessee shall conduct his 25 business in a reputable manner. The Lessee covenants with the Lessor that the Lessee shall conduct his business in and use the whole of the demised premises in a reputable manner; a business practice by the Lessee whether through advertising, selling procedures or otherwise which in the opinion of the Lessor may harm the business or reputation of Elie Lessor or reflect unfavourably on the Lessor or other tenants of premises in die building, or which may confuse, mislead or deceive the public, shall immediately be discontinued by the Lessee at the request of the Lessor. 0 26, 27 28 -4- On breach of any covenant 26. In the event that the lessee is in the Lessor may recover all default of payment of any amount costs from the Lessee. as required by this lease to be paid by rent. him, the Lessor may pay such amount on his behalf and recover that amount together with his reasonable expenses from the Lessee as rent, with all remedies incidental thereto as if that amount and expenses were included in the rent hereby reserved. The Lessor may re -enter the 27 prcmises on the insolvency of the Lessee. In the event that the rights of the Lessee under this lease arc at any time seized or taken in execution or attachment by any creditor of the Lessee, or the Lessee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors, then the current month's rent, immediately become due and, the lease and term shall become forfeit and void and the Lessor may enter into and upon the demised prcmises, or any part thereof in the name of the whole, by force or otherwise as lie may sec 17t, to have again, repossess and enjoy, as of its former estate, anything herein contained to the contrary notwithstandin;. The Lessor promises to the 28. The Lessor covenants with the Lessee quiet enjoyment of Lessee that the Lessee, paying the the premises. rent hereby reserved and performing the covenants on his part to be performed, shall and may peaceably possess and enjoy the demised premises for the duration of this lease without any interruption or disturbance from the Lessor or any person lawfully claiming under him. is -5- eBVei3iiHts- with --the pfopeay taxes and local Letisee that the Lessef:-�� 1 improi,on iaeHiieil l p iu;uvwc , cc t any business trxe5 and M, r�s!ran t131i- 'wal .. ..rty and inrr,+tl�; ofe�'. 31. The Le his . he- essorrnay- asaigti- iris fights •ri eMI srrnrtty for a loan -aud i —aw +,vent t11iLl- SUCH- ai]�1sSitinuirnt�s uatL'Il and excnllert by t1� icor ;uv1 not ifiration- 41i 'Nef is gis,en te-he- .eessee by or an- behaffle"hc Lessees it is exp s15- egeeed between the Less&F and the 7 , ee this lease shall r h that °z:uiiiii iiu or mod' £:.,1or any�6dS0i1 33. The Lcssce has an insurable 33. For the duration of this lease or interest in improvements any renewal thereof the Lessee has made by him. an insurable interest in any alterations, additions and improvements that may be made by the Lessee in and to the demised premises, and the Lessee is entitled to insure such alterations, additions and improvements up to their full insurable value and to receive the proceeds of any insurance so placed by him. <f 36. Where the Lessee holds over the tenancy is monthly 38. The Lessor is not responsible for injury to person or property upon the premises unless due to the negligence of the Lessor. -6- 36. In the event that the Lessee holds over beyond the duration of this lease or the renewal thereof with or without the consent of [lie Lessor and without any further written agreement, the tenancy resulting shall be a monthly tenancy only, at a monthly rental equivalent to the amount paid per month during the last month of the term hereby granted or the renewal thereof and subject to termination at the election of the Lessor or Lessee upon one month's notice in writing and subject also to the terms, conditions and covenants herein set out. 38. The Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Lessee or any employee of the Lessee or any other person who may be upon the demised premises or for any loss of or damage or injury to any property belonging to the Lessee or to his employees or to any other person which such property is on the demised premises, unless due to the negligence of the Lessor, his employees, agents or licensees. 39. The Lessee may install signs 39. with the Lessor's consent. Subject to the Lessor's approval, which approval shall not be unreasonably withheld, the Lessee may install in, upon or about the demised premises any signs or advertising material which shall remain the property of the Lessee and which the Lessee may remove regardless of the degree of affixation upon expiration or termination of this lose or any renewal thereof provided that the Lessee shall make good any damage caused to the demised premises by such installation and removal. 40. 41 All disputes are to be settled 40 by arbitration_ -7- In the case of any dispute between the Lessor and the Lessee during the continuance of this lease or any renewal thereof, as to any matter arising hereunder which it is agreed between the parties hereto shall be settled by arbitration, either party hereto shall be entitled to give to the other party notice of such dispute and demand arbitration thereof and, after giving notice and demand, each party shall at once appoint an arbitrator and such appointees shall jointly appoint a third; the decision of any two of the three arbitrators so appointed shall be final and binding upon the parties hereto who covenant one with the other that their disputes shall be so decided by arbitration alone and not by recourse to any court or action at law; if within a reasonable time the two arbitrators appointed by the parties hereto do not agree upon a third or if the party who has been notified of a dispute fails to appoint an arbitrator, then a third arbitrator or an arbitrator to represent the party in default may, upon petition of the party not in default, be appointed by a judge of The Court of Queen's Bench of New Brunswick; the cost of arbitration shall be apportioned between the parties hereto as the arbitrators may decide. Condonation, excuse or 41. Any condoning, excusing or overlooking of any default overlooking by die Lessor of any does not operate as waiver. default, breach or non - observance by the Lessee at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver of the Lessor's rights hereunder in respect of any continuing or subsequent default, breach or non - observance, nor so as to defeat or affect in any way the rights of the Lessor. 42. All Lessee's insurance policies shall contain a waiver of subrogation. -8- 42. All policies of insurance placed by Elie Lessee shall contain a waiver or waivers of subrogation against the Lessor and the Lessee waives, releases and discharges all rights, claims and demands whatsoever which the Lessee might have or acquire against the Lessor arising out of damage to or destruction of the building or any part thereof occasioned by any of the perils insured against by the L�ssce or which the Lessee has agreed to insure against, whether or not such rights, claims and demands shall arise through the negligence or other fault of the Lessor, his servants, agents or contractors. 43. The lessee has an apkien to 4 _3 Thr- �c� -tlle lass v- this -k age :1 fuither term of equal 1 t as are fhnwincd herc;n rvrnnt ehi& of WIlt shall be agreed --an-at EVIC le 1 Of rctnowa hall ,be ssttlk;d by arbittie�r tht` Eessee mny ex -izlsu hie by -�ng4w sec —u..C( 3ta33C -C—LO the icssor_ nnot'atte.- er r-thall El fee mBeE#s ptter to the-date-of 45. Where a conflict exists between the English and French version of any provision hereof, this lease shall be construed as if it had been executed entirely in English. 45. The Lessor and the Lessee mutually covenant and agree that, this lease having been executed in both English and French, where a conflict exists between the English version and the French version of any provision hereof, the meaning and legal effect of the English version shall prevail. 46 cJ -9- The lessor may re -enter the 46. If and whenever the rent hereby premises upon non - payment reserved is not paid by the lessee of rent or other breach. and remains unpaid for a period of fifteen (15) days after any of the days upon which the same ought to have been paid, and whether or not any formal or other demand has been made therefor, or if the lessee is in breach of or in default under any of the lessee's covenants, conditions or agrccments contained in this lease and such breach or default continues for fifteen (15) days after written notice thereof has been given by the lessor to [he lessee without the lessee proceeding promptly and diligently to remedy such breach or default, then in any such case the lessor shall have the right to terminate this lease and, upon the exercise of such right, the lessor may terminate this lease and re -enter into and upon and take possession of and enjoy the demised premises, or any part thereof, in the name of the whole, as of the lessor's former estate. M &C99 -154 May 13, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Odell Limited Letter on New Works Garage BACKGROUND b City of Saint John In March, Common Council received correspondence from Odell Limited proposing that a new Works garage be constructed on their property on Grandview Avenue. The letter was referred to staff for consideration and a report back to Council. ANALYSIS The suggestion by Odell Limited, although few details were provided, is to construct a Works garage on four to five acres of property they own at 676 Grandview Avenuc. Staff toured the site with a company representative and met with a company official. The City is currently considering potential sites for a new Eastern Works Facility. The Odell site is approximately 1 kilometre east of the old Eastern Works facility, on the south side of Grandview Avenue opposite the Irving Oil Refinery tank farm (west of the Champlain Drive intersection). The site has approximately 550 feet of frontagc and overlooks a composting operation at the eastern end of the Grandview Industrial Park. The land has been filled, has a level topography and is zoned I -2. Besides an Atlantic Label production building, there is another pre - engineered building on the property. The bulk of the site, however, is currently leased to trucking companies for storage of highway trailers. Mr. Michael Murphy, Vice President of Atlantic Label, indicated to staff that they were also the local dealer for a pre - engineered line of buildings ( "Varco Pruden ") and would be interested in supplying a building - whether it was on this site or another one chosen by the City. We understand that their primary interest, however, is in constructing a facility on their property and leasing it to the City. M &C 99 - 154 Re: Odell Limited Letter on New Works Garage May 13`x', 1999 Page 2 Given the operating and service advantages of other possible locations and the fact that we are hoping to utilize land already owned by the City of Saint John, staff would not recommend pursuing the Odell Limited proposal in isolation. They would have an opportunity to bid on the supply /construction of facilities along with other interested parties, when the City formally calls for such proposals /tenders. All cost and other factors would be duly evaluated in considering all submissions received. RECOMMENDATION It is recommended that this report be received and filed, and that the Common Clerk advise Odell Limited that the City would encourage submission of a formal proposal/tender submission when a call for such is made. Respectfully submitted, P. Eng. Director ofWorks J. . Paul Groody, P.Eng. COmm1551 e r r of Municipal ations Terrence L. Totten, C.A. City Manager 12 REFORT"'O ""0AA1-AGN%C1'0U1\TC1L OPEN SESSION M &C -99 -157 May 14, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Housing Incentive Programs Application HIP -89 ANALYSIS: City of Saint John There have been 88 earlier applications, for a total of 699 units, previously approved for the Housing Incentive Program. The potential assessment increase will be over $66.5 million when all of the developments are completed. The following additional application has been received. Applicant Location # and Type Estimated of Unit Grant #89 G. Howe, D. Ouellette Sand Cove Road 3 units $30,000 and G. Oram one family This application will result in 3 houses being established over the next two years. The total increase in assessment is estimated to be approximately $400,000. This is the second application for these lots. The first application was made one year ago, but no construction occurred during the first six month as required in the program guidelines. No extensions were requested or granted to the proposed start of construction. The lots have now been sold to the applicants and this new application has been received. 1. Strategic Plan ConformitylExisting City Policy The development meets the criteria of the program as approved by Common Council on April 21, 1996. Report to Common Council May 14, 1999 Page 2. 2. Input_ from Other Sources Estimates of construction have been reviewed and reflect the proposed building. RECOMMENDATION: It is recommended that Common Council approve the I- Iousing Incentive Program application for: HIP# 81 Gregory Howe, Daniel Ouellette and Greg Oram for an estimated grant of $30,000. submitted R. Baird, MCIP Manager Community Planning ?Claude MacKinnon, P.Eng. Terrence Totten, CA City Manager JRB /mmf ment Services COMMUNITY PLANNING �b 45 �C S8 iui c a 37 41 yS �I 33 �F 54 1090 1096 4 Q_ 1 46 1106 ��� 14 1116 I• P 38 —� RS— 2 �. ( o 0 19 �I o� R M— 15\� 1126 � 5 \/a ly • /18 1 �� � 1136 ; �� 242 18 �. C 64 r 16..�ci 5 RF 3 ♦. ♦• �'� 4 -R — 1 1 • ♦• / 44 4 0 / ♦,♦ lk y 55 I• /f,5 ♦ 6 \ ♦• Lag RF oft •%• �I Q �\ R 3 .�� ♦o� .Ql- I D .♦ p 20 p 9 1216 • ♦J�` \ \ _ - ��C 12 15, H.I.P.# Subject Site: NBGIC Number (s): 55/23939 55123921 55123913 Address: 1145 -1153 Sand Cove Road Map Number: 06N -75SW Date: May 13, 1999 Scale: N.T.S. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG--Saint John Times Globe; T -J= Telegraph Journal) " SJTG City Information Ad SJTG Independent Placement - SJTG Classifieds .. T -J Independent Placement " T -J Classifieds Date(s): Tuesday, June 29,1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) F1 Mavor's Messaee M General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 11. A Law To Amend The Municipal Plan By -law (amending Section 3.4.1 of the Millidgeville Secondary Plan re 177 -187 Manners Sutton Road) 12. By -law Number C.P. 100 -503 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 177 -187 Manners Sutton Road) 13. By -law Number C.P. 100 -504 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 111 -113 McAllister Drive) June 15, 1999 June 15, 1999 June 15, 1999 office of the Mary L. Munford Common Clerk Common Clerk June 16, 1999 045771 N.B. Ltd. {Fairport Motel & Restaurant 1360 Manawagonish Road Saint John, N.B. E2M 3Y1 Dear Sirs: Re: 1360 Manawagonish Road P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 i`ift411'J City of Saint John Enclosed is a copy of an amendment to the Zoning By -law of the City of Saint John with respect to the above property. Pursuant to the provisions of the Community Planning Act, the By -law was filed in the Registry Office on June 15, 1999 and became effective on that date. Yours truly, Mary L. KIlunford Common Clerk MLM /jaf encl. cc: Jim Baird, Manager, Community Planning PENDING SECTION 39 AGREEMENT PROPERTY LOCATION: - 1360 Manawagonish Rd. By -law No. C.P. 100 -502 SUBJECT: Section 39 Agreement REGISTRY OFFICE: Filed in Re ist Office - - * *certify 2 copies (form certified by -law & agreement) - legal size - attach "A" (a signed copy of By -law) - attach the street map (which is part of the By -law - attach "B" (a copy of the agreement) ** margins for these documents only - 2" top margin, 1.5" side margins NOTE: The by -law and agreement are filed together. DATE TO LEGAL DEPARTMENT: June 11, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By71aw and all attachments 6 + 11 _rr-J cks,-_�,rds BY -LAW NUMBER C.P. 100 -502 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R -1 A" One Family Residential to "B -2" General Business classification, pursuant to an agreement under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the seventeenth day of May A.D. 1999 and signed by: ayor, the mem er of Courfcil who pre d at the meeting at hich it was enacted; and myr/ % f Jim First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading - May 17, 1999 1% i r 4 COMMUNITY PLANNING REZONING AMENDING MAP SHEETS 94 & 95 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN r 1 ��7 m cn ti FROM TO R -1A One Family Residential =ti" - _ ;fin B -2 General Business * Pursuant to an Agreement Under Section 39 of the Community Planning Act Applicant: 045771 N.B. Ltd. (Fairport Motel & Restaurant) Date Drn.: May 11, 1999 Location: 1360 Manawagonish Road Dm. By: T. Duke Recommended by P.A.C.: May 4, 1999 File No.: 06N -65SW 00397786 Enacted by Council: Filed in Registry Office: ( Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 +L Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 May 20, 1999 045771 N.B. Ltd. (Fairport Motel & Restaurant) 1360 Manawagonish Road Saint John, NB E2M 3Y1 Dear Sirs: At a meeting of the Common Council, held on the 17th instant, the following resolution was adopted, namely:- " RESOLVED that the by -law entitled, "By -law Number C.P. 100 -502 A Law To Amend The Zoning By -law Of The City Of Saint John ", insofar as it concerns by re- zoning a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R- 1A" One Family Residential to "B -2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: City of Saint John AND FURTHER that the said re- zoning be subject to an agreement between the City and the Developer pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the commercial use of the property is limited to the existing non- conforming motel, the existing restaurant, and the applicant's proposal to establish a small licensed lounge as an accessory use within the existing restaurant building; (b) the lounge must be operated as a secondary use to the restaurant that continues to be licensed as a dining room under the Liquor Control Act; (c) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 per cent of the total combined restaurantllounge capacity, whichever is less; (d) there shall be no entertainment licence, and any recorded music must not be detectable outside of the building; (e) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; (f) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 1:00 a.m. each night; and (g) there shall be no expansions to the existing building." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. Munford Common Clerk BY -LAW NUMBER C.P. 100 -502 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 1360 Manawagonish Road (NBGIC Number 397786), having an area of approximately one acre, from "R -1 A" One Family Residential to "B -2" General Business classification, pursuant to an agreement under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of. A.D. 1999 and signed by: , the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading AND FURTHER that the said re- zoning be subject to an agreement between the City and the Developer pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the commercial use of the property is limited to the existing non- conforming motel, the existing restaurant, and the applicant's proposal to establish a small licensed lounge as an accessory use within the existing restaurant building; (b) the lounge must be operated as a secondary use to the restaurant that continues to be licensed as a dining room under the Liquor Control Act; (c) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 per cent of the total combined restaurant/lounge capacity, whichever is less; (d) there shall be no entertainment licence, and any recorded music must not be detectable outside of the building; (e) the customer entrance to the proposed lounge must be from within the restaurant and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law; (f) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; (g) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 1:00 a.m. each night; and (h) there shall be no expansions to the existing building. 4 (a) PROPOS ED ZONING BY -LAW AMENDMENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By -law at its regular meeting to be held on Monday, May 10, 1999 at 7:00 p.m., by: RE: 1360 MANAWAGONISH ROAD (FAIRPORT MOTEL & RESTAURANT); Rezoning a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC #397786, from "R -1A" One Family Residential to "B -2" General Business, subject to a resolution or agreement pursuant to Section 39 of the Community Planning Act. REASON FOR CHANGE: To recognize the existing use of a portion of the property for a restaurant, and to permit a licensed lounge to be established within the existing restaurant building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of 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. 4 �� 1 � � PROPOSED ZONING BY -LAW AMENDMENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By -law at its regular meeting to be held on Monday, May 10, 1999 at 7:00 p.m., by: RE: 1360 MANAWAGONIS_H ROAD (FAIRPORT MOTEL & RESTAURANT. Rezoning a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC #397786, from "R -1A" One Family Residential to 1113-2" General Business, subject to a resolution or agreement pursuant to Section 39 of the Community Planning Act. REASON FOR CHANGE: To recognize the existing use of a portion of the property for a restaurant, and to permit a licensed lounge to be established within the existing restaurant building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of 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 Jahn 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): Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) X ETG City Information AD Date(s): Tuesday, April 13, 1999 Tuesday, May 4, 1999 U ETG Independent Placement Date(s): C1 ETG Classifieds Date(s): 17 T -J Independent Placement Date(s): [71 T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: Ell Tender(s) C3 Proposals(s) X Public Notice(s) [71 Mayor's Message 0 General Notice(s) Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford Common Clerk Contact: Telephone: (506) 658 -2862 office of the Mary L. Munford Common Clerk Common Clerk P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 &M-N March 30, 1999 City of Saint John 045771 N.B. Ltd. ( Fairport Motel & Restaurant) 1360 Jlllanawagonish Road Saint John, NB E2M 3Y1 Dear Sirs: At a meeting of the Common Council, held on the 22nd instant, the following resolution was adopted, namely:- "RESOLVED that the application of 045771 (NB) Ltd. for the re- zoning of property at 1360 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, May 10, 1999 at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, �wj Z';q t% • ��- C/- 0'141 Mary L. for d Common Clerk MLM:sc Enc Iq Application for a Zoning By -law Amendment Applicant Related Information 1 MEN MI Mailing Address of Applicant Telephone Number Home 672 -9700 Business (506) 672 -9700 Fax Number (if any) None Name of Property Owner (if different) Same as above Mailing Address of Owner Same as above Postal Code Property Information Location 1360 Manawagonish Road 00397786 Civic# Street NBGIC# Lot Area Existing Use of Property Restaurant Street Frontage Municipal Plan Land Use Designation Low Density Residential Amendment Requested Present Zoning One Family Residential R -IA X Change Zoning to General Business (B -2) and /or Text Amendment (indicate particulars) Development Proposal. Description of Proposal: Proposed use of Property to include a lounge. Lounge would be situated in existing restaurant (restaurant area approximately 2600 sq. ft) separated by a wall which would be constructed (pursuant to the building permit to be obtained by the Applicant.) It should be noted that this proposal deals only with changes to the restaurant on the property and not to the motel. The only construction required will be the addition of the above noted wall dividing the existing restaurant into separate restaurant and lounge areas. You must provide a .scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Provide reasons why this amendment should be approved At present, guests must order food in the restaurant if they wish to consume alcoholic beverages. Outside of the restaurant, the motel contains no area in which guests can consume alcoholic beverages other than their own rooms. The proposed lounge will provide a convenient location for guests and patrons to relax while staying in the motel. Provide any other information about your proposal that would be helpful The proposed zoning amendment is with respect to the restaurant only. The motel is not part of the proposed amendment. The proposed lounge will seat 24 people. There will be no loud music or bands nor does the applicant intend to schedule or hold any "happy hours ". Signature of Applicant (By Date March �, 1999 X $400 Application Fee Jelosed If you are not the owner of the land in question please have the owner sign below. The signature from the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Date D RAFT BY -LAW NUMBER C.P. 100* A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: 1. Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC Number 397786, from "R -1A " One Family Residential to "B -2 " General Business classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of * A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - Second Reading - Third Reading - PIanning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick / l Canada E2L 4L1 OPEN SESSION May 5, 1999 Your Worship and Councillors: City of Saint John SUBJECT: Proposed Rezoning 1360 Manawagonish Road On March 22, 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 May 4, 1999 meeting. Mr. George Anderson, owner of the Fairport Motel & Restaurant, attended the meeting and spoke in favour of the proposal. Mr. Anderson expressed agreement with the staff recommendation, except for conditions (e) and (f) concerning exterior access to the building, and condition (g) concerning hours of operation. Mr. Anderson indicated that he wants the lounge to have its own independent exterior entrance so that patrons will not be allowed in the restaurant area after the restaurant is closed. With regard to hours, Mr. Anderson advised that the last ferry arrives in Saint John at 11:45 p.m. He requested that the hours of the lounge be extended to 1:00 a.m., so that people who have reservations at the motel can have a drink before they retire. No other persons attended the meeting. However, two letters in favour, two letters opposed, and a letter /petition of opposition were received. Copies are attached. After considering the report, letters and the applicant's comments, the Committee decided to recommend that the application be approved as per the staff recommendation, with an amendment to condition (g) extending the hours of operation to 1:00 a.m. The Committee decided to make no change to the recommended conditions with respect to exterior access to the proposed lounge. RECOMMENDATION: That Common Council rezone a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC #397786, from "R-IA" One Family Residential to `B -2" General Business, Planning Advisory Committee May 5, 1999 Page 2 subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the commercial use of the property is limited to the existing non- conforming motel, the existing restaurant, and the applicant's proposal to establish an small licensed lounge as an accessory use within the existing restaurant building; b) the lounge must be operated as a secondary use to a restaurant that continues to be licensed as a Dining Room under the Liquor Control Act; C) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 percent of the total combined restaurant/lounge capacity, whichever is less; d) there shall be no Entertainment licence, and any recorded music must not be detectable outside of the building; e) the customer entrance to the proposed lounge must be from within the restaurant, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law; f) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; g) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 1:00 a.m. each night; h) there shall be no expansions to the existing building. Respectfully submitted, Brian Cunningham Chairman RGP /r Attachments Community Jim Baird MCIP PO. Box 1971 506 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E21- 4L1 DATE: APRIL 30, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF MAY 4, 1999 r j r Randall G. Pollock, MCfP Planner SUBJECT: I Name of Applicant: 045771 N.B. Ltd. (Fairport Motel & Restaurant) Name of Owner: 045771 N.B. Ltd. (Fairport Motel & Restaurant) Location: 1360 Manawagonish Road NBGIC: 397786 Municipal Plan: Low Density Residential Existing Zoning: "R -1A" One Family Residential Proposed Zoning: `B -2" General Business (Section 39) Proposal: To establish a licensed Lounge within the existing restaurant building Type of Application.: Rezoning City of Saint John Fairport Motel & Restaurant Page 2 1360 Manawagonish Road April 30, 1999 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Council will consider the Committee's recommendation at a public hearing on Monday, May 10, 1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 1360 Manawagonish Road, having an area of approximately one acre, also identified as being NBGIC #397786, from "R -IA" One Family Residential to `B -2" General Business, subject to an agreement pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the commercial use of the property is limited to the existing non- conforming motel, the existing restaurant, and the applicant's proposal to establish an small licensed lounge as an accessory use within the existing restaurant building; b) the lounge must be operated as a secondary use to a restaurant that continues to be licensed as a Dining Room under the Liquor Control Act; C) the maximum occupancy of any lounge operation must not exceed 24 persons or seats, or 40 percent of the total combined restaurant/lounge capacity, whichever is less; d) there shall be no Entertainment licence, and any recorded music must not be detectable outside of the building; C) the customer entrance to the proposed lounge must be from within the restaurant, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law; f) there shall be no customer entrance or exit for the restaurant or lounge on the westerly side of the building (facing the White House Court development), other than an emergency exit if required by law; g) the hours of operation of the lounge shall be limited to the normal operating hours of the restaurant, except that the lounge may remain open until 12 :00 midnight each night; Fairport Motel & Restaurant Page 3 1360 Manawagonish Road April 30, 1999 h) there shall be no expansions to the existing building. INPUT FROM OTHER SOURCES: Engineering has no objection. Building and Technical Services advises that a permit will be required for renovations. The permit will include requirements for barrier -free access as well as other Building Code requirements Fire Department has submitted no comments. Saint John Police Force has submitted no comments. N.B. Department of Health and Community Services (Public Hcalth Services Branch) advises that the existing restaurant meets the regulations under the IIealth Act, and is licensed under this department for a seating capacity of 69 N.B. Department of Finance (Liquor Licensing Branch) has submitted no comments. ANALYSIS: Site and Neighbourhood The subject site is located on Manawagonish Road in West Saint John. This is primarily a residential area but also includes a variety of motels and restaurants that historically served the travelling public when this was the main road into Saint John. In recent years, the area has evolved into more of an exclusively residential area as the various highway commercial uses have closed or relocated. The site is a large irregularly shaped property that contains a non - conforming restaurant and approximately 24 motel units to the rear. Although not developed to present -day standards with respect to driveways and front yard landscaping, the property and operation have a very neat and well - maintained appearance. The attached site plan from Community Planning's files illustrates the present layout of the property. Fairport Motel & Restaurant 1360 Manawagonish Road Page 4 April 30, 1999 The site is surrounded on all sides by residential development, including the new White House Court townhouse development that was built recently on the site of the former White House Lodge motel and restaurant. The rear decks of some of these townhouse units overlook the applicant's restaurant. Proposal The applicant proposes to establish a small licensed lounge within the existing restaurant. The existing restaurant has an area of approximately 2,600 square feet and seats 69 people. It is currently licensed as a Dining Room, which would continue with a reduced seating capacity of 41. The proposed licensed lounge would be separated from the restaurant portion by a new wall, and would seat 24 people. The applicant indicates that the proposed lounge will provide a convenient location for guests and patrons to relax while staying at the motel. They will be able to order drinks without food in the lounge. It will also serve as the "smoking section" for diners during the operating hours of the restaurant. The applicant indicates that "there will be no loud music or bands, nor does the applicant intend to schedule or hold any `happy hours'." The applicant has also advised that, although the combined lounge /dining room licence would permit him to have up to five video lottery terminals (VLTs), he does not intend to have any. The existing restaurant does not have any VLTs, even though he is permitted to have two. The applicant intends that the lounge will be open past the regular restaurant hours, although perhaps not as late as the 2:00 a.m. closing time permitted by the provincial regulations. An exterior entrance to the lounge is proposed via an existing door facing the White House Court development. Proposed Rezonin The present zoning of the subject site is "R -IA" One Family Residential, and both the motel and the restaurant are considered to be (legal) non - conforming uses. The applicant has requested that the site be rezoned to `B -2" General Business. The proposed rezoning, if approved, would recognize the restaurant as a permitted use. It would also permit the establishment of the proposed lounge, provided that the rezoning is subject to a resolution or agreement pursuant to Section 39 of the Community Planning Act. The Section 39 resolution or agreement must set out the specific proposal and impose terms and conditions, and is required because of the proximity of the site to a residential zone. This is because the "B -2" zone, and most other zones where lounges are permitted, requires a minimum separation of lounges from churches, schools and residential zones. However, in the "B -2" zone, this requirement does not apply if the lounge is specifically approved Fairport.Motel & Restaurant 1360 Manawagonish Road Page 5 April 30, 1999 pursuant to Section 39. This gives Council the opportunity to impose detailed terms and conditions that address any potential impacts that the lounge may have on the surrounding area. The motel will continue to be a non - conforming use, due to the requirement in the "B -2" zone provisions that motels not be located on a property that is adjacent to an "R -lA ", "R -1B" or "R -2" zone. Municipal Plan The subject site is designated Low Density Residential by the Municipal Plan. The policies of the Plan for such areas permit the development of small -scale commercial uses, provided that measures can be taken to prevent any nuisance or inappropriate impacts on residential uses. Rezoning is also required so that the views of neighbourhood residents who would be affected by the proposal can be considered. The Plan includes a number of criteria for considering the appropriateness of rezonings in the Low Density Residential designation. These include: location on an arterial or collector street, the building {s} must be of an architectural style suitable to the neighbourhood and have a floor area of approximately 10,000 square feet or less, and conformity to all relevant provisions of the Municipal Plan and by -laws that implement it. The subject site is located on a designated collector street and contains an existing paved parking for approximately 26 cars. The Zoning By -law's minimum parking requirement for the proposed restaurant/lounge use, based on the applicant's proposal, is 12 spaces. The building has a floor area of only 2,600 square feet, and is well - maintained. Lounue Operation The proposal will introduce an operation that involves the consumption of alcohol without meals into a neighbourhood that is, essentially, a well - maintained and stable residential area. The area is experiencing continued residential investment, as evidenced by the adjacent townhouse development, as well as one nearby at the corner of Manawagonish and Hillcrest Drive. Such establishments can cause problems including increased traffic and noise. Therefore, it must be considered carefully. Normally, such a change could not be supported, and the Committee may wish to recommend that the application be denied on the basis that it is adjacent to a Fairport Motel & Restaurant Page 6 1360 Manawagonish Road April 30, 1999 residential zone. However, the specific nature of the proposal (a small accessory lounge operated in conjunction with a restaurant) can also be considered. While there is still a potential for impact, this can be avoided by tying the operation to the restaurant use and strictly limiting its size. One aspect of the applicant's proposal that should not be approved is the proposed entrance that will be used after the restaurant is closed. As this faces the adjacent residential development, it should not be approved. Access to the lounge should be through the main restaurant area at all times, and there should be no regular customer entrance to either the restaurant or the lounge on the westerly side of the building. With regard to hours of operation, a closing time of no later than midnight is suggested, if the Committee recommends. approval of the application. Finally, under no circumstances should the establishment be granted an Entertainment licence, and any recorded music must not be audible outside the building. Given the nature of the proposal, approval is being recommended subject to the conditions described above. These conditions should be incorporated into an agreement pursuant to Section 39 of the Community Planning Act. CONCLUSION: The subject site contains a long- existing motel and restaurant and the applicant wishes to provide a small lounge area that would be operated as a secondary use to the restaurant. While the proximity of surrounding residential uses is a concern, the nature of the applicant's proposal suggests that the impact will not be significantly different from the existing operation. Provided that the proposed lounge is limited to the applicant's proposal and subject to a number of conditions, approval can be recommended. A Section 39 agreement is suggested. RGP /r COMMUNITY PLANNING B9 21 B >b a nn ve u 2 03 74 ?VE 27 lal 77 48 � II la° TO p 71 38 = 37 5 36 ^O e5 R60 r253 59 O d9 7 W7 • Ge 142 53 T 1257 137 47 1261 ,30 32 30 rB4 r2a3 r27 ° rig 1,81 R. S— 2 N p 114 R- IA 283 9 - 106 1 • 7 �^y p7 ,DO 7 . 1300 L -J ^. m � a P 97 > '� :� `B - 2 21 11 j ?• 89 85 K O/ G30 ,4 99 1325 73 a a4A 13 c G43 / b4 141 127 �9• � � G47 1349 }3: 178 48 = '_� I ?at ,7, A a2 '• m T H '37R- 2 ;, d A 2 R 2 783 41 36 ';, 1381 42 g4 199 71 30 " 13 E 3 a4 ` • r G 196 201 1 A d A �;� 24 a . l roa 2°7 is a no t 'to ' -G: 209 10 38 30 Wd0 Y �f . B- 3-7 s3 35 `''�7 p 1454 * 40 + /•j f 1 F M ^ I At IL- 1 S4el f7 11RT i5 $ f f,* / �� 4 B - 2 49 41 �f Subject Site: _ Address: 1360 Manawa onish Road Ma Number: 06N -65SW Date: March 29, 1999 Scale: N.T.S. I- 3 i NBGIC Number (s): 00397786 IfIR / I LU Q Q w Ln ce Q 2 J bbD . \ \ ti7 \ 1 z O y t.J u rLlNr] o, \ P \ r Y� 4' r .r r \ C �D \ s \ � 7 x J :IAILQ - 13AVdJ Z 3 C-1 d O S O L-0 Q "b 3 a z CC FA- vi .r 0 Z cc Q co U) a m LU co < 0 LL W a Cc: WEZm odOZ wLLQc_' O Q a. o�5) 0. U) JF Q CO 0 0 LL z l� C a:r V Z— CA— CC/- �` Qz � w L, p KiMblFlq • Cltrk © Caoala limiter 3 �� 14AY 3 1999 RONALD LONG 14 VALE CREST OR_ SAINT JOHN, N.B. E2M 457 Community Jim Baird MC1P Planning Manager April 14, 1999 Dear Sir/Madam: P.O. Box 1971 506 658 -2835 Saint John 506 658 -2837 (Fax) New Brunswick ' Canada E2L 4L1 k .J Q-P is A Re: Proposed Rezoning to Permit a Lounge 1360 Manawagonish Road (Fairport Motel & Restaurant) City of Saint John The City has received an application from Fairport Motel & Restaurant for a rezoning of its property from "R -IA" Onc Family Residential to 1113-2" General Business. The location of the subject property is illustrated on the attached map. The applicant has requested this rezoning because he wishes to establish a small licensed lounge within his existing restaurant. The rezoning, if approved, will also recognize the long- existing restaurant as a permitted use. The restaurant is currently classified as a legal "non- conforming use" in the residential zone. The existing restaurant has an area of approximately 2,600 square feet. It is currently licensed under the Liquor Control Act as a Dining Room, which would continue. A Dining Room licence permits the serving of alcohol with meals in a restaurant setting, and is permitted in conjunction with the existing non- conforming restaurant operation. The proposed licensed Lounge, if approved, would be separated from the restaurant by a new wall, and would seat approximately 24 people. The applicant indicates that the proposed lounge will provide a convenient location for guests and patrons to relax while staying at his motel, and order drinks without meals. The applicant indicates that there will be no loud music or bands, nor does the applicant intend to schedule or hold any "happy hours ". Common Council has referred this application to the Planning Advisory Committee for a report and recommendation. The Committee is interested in hearing the views of neighbouring property owners who might be affected by this proposal. If you wish to express your views, either in favour of or against the proposal, you can do so by submitting your comments in writing and/or by attending the Planning Advisory Committee's meeting on Tuesday, May 4, 1999 at 6:00 p.m. in the Council Chamber, Lobby Level, City Hall. Letters should be addressed to the Planning Advisory Committee, City of Saint John, P.O. Box 1971, Saint John, NB, E2L 4L1, and should be received on or before the day of /r f/�`/,� /S�Q L..7.�f� "� /0�• 33 MAF? 30U ONISN AoAL SAINT JOHN NO �••ro� E214 3Y1 Wo Elp lei / OP Fiecevm"I.,, 401 APR rol a�a� a _;; jz I VIA 4 -- - -VI - f-) - A Y-Lurw 0 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Re: Proposed Zoning to Permit a Lounge 1360 Manawagonish Road (Fairport Motel & Restaurant) Dear Sirs; Mr. Michael Sauerteig, P.Eng 90 Harbary Terrace Saint John, N.B. E2M 4139 PIease be advised that we are opposed to this application for re- zoning of this property from "R -1A" to "B -2 ". Despite the owners intentions, such a zoning would allow VLT terminals, the possibility of an increase in noise at night and rowdiness_ This is a residential neighbourhood with young children and we feel this re- zoning is inappropriate. We remain Yours truly IAL ku��'41 M. Sauerteig, P.Eng. �ECE�D APR v 1Y %i a�� 0 1 1 0 /7 - .�c :- 0' - - - -- - -- cm rp] - ^^ --------- ~ __------_'__----_' - ' � _ _ - - - ---'-------- ---------------' S2� -,JOYW V'441-' UJ /K jrz C -7- ------ �X X6 ------------- Office of the Common Clerk July 6, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 The Honourable Joan MacAlpine Minister of Municipalities Province of New Brunswick Marysville Place, 3rd Floor 20 McGloin Street Fredericton, N.B. E3A 5T8 Dear Madam Minister: City of Saint John Pursuant to Section 69(1) (d) of the Community Planning Act, enclosed is a copy of a newspaper advertisement with regard to the fling of by- laws enacted by the Common Council of the City of Saint John. Yours truly, r , Cr Mary L Munford Common Clerk MLM /jaf encl. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG--Saint John Times Globe; T -J= Telegraph Journal) - SJTG City Information Ad - SJTG Independent Placement - SJTG Classifieds " T -J Independent Placement T -J Classifieds Date(s): Tuesday, June 29, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) F-1 Mavor's Message n General Notice(sl Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 11. A Law To Amend The Municipal Plan By -law (amending Section 3.4.1 of the Millidgeviile Secondary Plan re 177 -187 Manners Sutton Road) 12. By -law Number C.P. 100 -503 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 177 -187 Manners Sutton Road) 13. By -law Number C.P. 100 -504 A Law To Amend The Zoning By -law Of The City of Saint John (amending Schedule "A" re 111 -113 McAllister Drive) June 15, 1999 June 15, 1999 June 15, 1999 Office of the Mary L. Munford Common Clerk Common Clerk June 16, 1999 Mr. G.A. (Sandy) Robertson P.O. Box 1225 Saint John, N.B. E2L 4G7 Dear Sir: PO. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 Re: 177 -187 Manners Sutton Road E'Afs1 J City of Saint John Enclosed are copies of amendments to the Municipal Plan and Zoning By -laws with respect to the above property. Pursuant to the provisions of the Community Planning Act, the by -laws were filed in the Registry Office on June 15, 1999 and became effective on that date. Yours truly, y X. AJ Mary L. unford Common Clerk MLM /jaf encl. cc: Jim Baird, Manager, Community Planning William Edwards, Building Inspector (Section 39 Resolution) PENDING REZONING AND SECTION 39 RESOLUTION PROPERTY LOCATION: - CP 100 *503 177 -187 Manners Sutton Road SUBJECT: Amend Zoning By -Law and Section 39 Resolution REGISTRY OFFICE: Filed in Registry Office - - * *certify 2 copies of Rezoning By -law Amendment - letter size - attach "A" (signed copy of By -law) - attach the street map (which is part of the By -law - * *attach "B" the resolution from Council - single spacing Registered in Registry Office - - * *certify 2 copies of the Section 39 Resolution - legal size, incl. owner's name - * *attach "A" (resolution from Council) - single spacing ** margins for these documents only - 2" top margin, 1.5" side margins Legal Department will file the By -law, returning 1 copy to Common Clerk's Office and Register the Resolution, returning 1 copy to Common Clerk's Office COPIES TO JOHN NUGENT: - June 14, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By -law and all attachments - cc: W. Edwards copy of Resolution and attachment M unicipalitics Municipalites and llousing et HAbitarion New Nouveau jDrun swic May 31, 1999 Mary Munford, Common Clerk City of Saint John P. O. Box 1971 Market Square Saint John, N.B. E2L 4L 1 Dear Ms. Munford: Please find enclosed one copy of "A Law to Amend the Municipal Plan By -law" which was approved by the Minister, pursuant to Section 69 of the Community Planning Act. After the Minister's approval, it is necessary under the Community Planning Act, to: (a) file in the Registry Office a certified, true copy of the by -law which has been signed by the Minister; (b) publish in a newspaper which is circulated in your community, a notice indicating: (i) the action taken by the Minister, (ii) the information relative to the filing as described in paragraph (a); (c) send to the Minister a copy of the notice as described in paragraph (b). Please note that the by -laws come into effect as soon as they are filed in the Registry Office. Yours truly, Daniel S vard Regulations Administrator Land Use Planning Branch Enclosures -If3!HW* CLER" OFFICE ,1Uq 3 1990 OF si o JOW" P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau- Brunswick Canada E3B 5H1 Canada E3B 5111 Office of the Mary L_ Munford Common Clerk Common Clerk May 19, 1999 P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 The Honourable Marcelle Mersereau Minister of Municipalities and Housing Province of New Brunswick P.Q. Box 6000 Fredericton, N.B. E3B 5H1 Dear Madam Minister: City of Saint John Enclosed are two copies of an amendment to the Municipal Plan By -law of the City of Saint John for your approval under the provisions of the Community Planning Act. Yours truly, Mary L. Munford Common Clerk MLM /jaf encl. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, MARY L. MUNFORD, of the City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- That I am the Common Clerk of the said City of Saint John and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of "A Law to Amend the Municipal Plan By -law ", enacted by the Common Council of the City of Saint John on the seventeenth day of May, 1999. 3. That I have carefully compared the said by -law with the original and the same is a true copy thereof. A.D. 1999. D A T E D at the City of Saint John on the nineteenth day of May, IN TESTIMONY WHEREOF, I, the said Common Clerk of the City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. V�,avw , Mary L. Munf Common CleAk A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By -law of the City of Saint John enacted on the twenty- second day of May 1973 is amended by: Amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character ". "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562." IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the seventeenth day of May A.D. 1999 and signed by: e-W ayor, the me er, of Co ncil who pr ded at the meeting at hich it was enacted; and First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading - May 17, 1999 15-(0-) A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By -law of the City of Saint John enacted on the twenty- second day of May 1973 is amended by: Amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character'. "To also permit the development of two - family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562. ". IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of A.D. 1999 and signed by: ,the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading BY -LAW NUMBER C.P. 100 -503 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by 1. Re- zoning a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road (a portion of NBGIC Number 55115562), from "R -IA" One Family Residential to "R -2" One and Two Family Residential classification, pursuant to a resolution adopted by the Common Council under Section 39 of the Community Planning Act; 2. Re- zoning a triangular parcel of land with an area of approximately 4,000 square feet, located at 177 -187 Manners Sutton Road, also identified as the portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R -1A" One Family Residential to "RF" Rural classification - all as shown on the plan attached hereto and forming part of this By -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the seventeenth day of May A.D. 1999 and signed by: G ,IV14or, the memyer oT Cour it who presed at the meeting at hich it was enacted; an i YA An Common First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading - May 17, 1999 COMMUNITY PLANNING REZONING AMENDING MAP SHEET 112 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN 1 1 FROM Brothers Cove 0 5 MANI ER � \ c ni V 1 n y � _ m y DRIVE MEADO � 1 \ BEDELL AVENUE \ SL V,�gE., SiRRP� \ �ARLIN COURT I F-\-I TO R -1A One Family Residential R -2 One and Two Family Residential R -1A One Family Residential RF Rural * Pursuant to a Resolution Under Section 39 of the Community Planning Act Applicant: G.A. (Sandy) Roberston' Location: 177 -187 Manners Sutton Road Recommended by P.A.C.: May 4, 1999 Enacted by Council: Filed in Reaistry Office: Date Drn.: May 11, 1999 Drn. By: T. Duke File No.: 07N -60NE 55115562 BY -LAW NUMBER C.P. 100 -503 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by Re- zoning a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road (a portion of NBGIC Number 55115562), from "R -IA" One Family Residential to "R -2" One and Two Family Residential classification, pursuant to a resolution adopted by the Common Council under Section 39 of the Community Planning Act; 2. Re- zoning a triangular parcel of land with an area of approximately 4,000 square feet, located at 177 -187 Manners Sutton Road, also identified as the portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R-11A" One Family Residential to "RF" Rural classification - all as shown on the plan attached hereto and forming part of this By -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of A.D. 1999 and signed by: , the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - May 10, 1999 Second Reading - May 10, 1999 Third Reading - AND FURTHER that pursuant to Section 39 of the Community Planning Act, the re- zoning of the parcel of land at 177 -187 Manners Sutton Road, identified as a portion of NBGIC Number 55115562, be subject to the following conditions: (a) the use of the site is limited to the applicant's proposal to develop a subdivision containing a mix of one - family and two- family dwellings to a maximum of 23 dwelling units; (b) the number of two - family dwellings is restricted to a maximum of 7 buildings (14 dwelling units); (c) the two - family dwellings, if developed, must be completed in accordance with detailed elevation plans to be prepared by the proponent and subject to the approval of the Development Officer; (d) the transportation of fill material during the construction of the proposed private street, and the filling of land on proposed Lots 1 -2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be limited to the hours of 8 :00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays; (e) the filling of land on proposed Lots 1 -2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be in accordance with a detailed grading plan to be prepared by the proponent and subject to the approval of the Development Officer; and (f) the individual deeds for all the proposed lots and part -lots must indicate that the proposed Yacht Haven Lane is a private access that will not be maintained by the City. Office of the Mary L. Munford Common Clerk Common Clerk May 21, 1999 Mr. G.A. (Sandy) Robertson P.O. Box 1225 Saint John, NB E2L 4G7 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 17th instant, the following resolutions were adopted, namely:- City of saint John " RESOLVED that the by -law entitled, "A Law To Amend The Municipal By- law ", by amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character": "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC Number 55115562. ", be read a third time and enacted and the Corporate Common Seal be affixed thereto." - and - "RESOLVED that the by -law entitled, "By -law Number C.P. 100 -503 A Law To Amend To Amend The Zoning By -law Of The City Of Saint John ", insofar as it concerns re- zoning a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road (a portion of NBGIC Number 55115562), from "R -IA" One Family Residential to "R -2" One and Two Family Residential classification, and re- zoning a triangular parcel of land with an area of approximately 4,000 square feet, located at 177 -187 Manners Sutton Road, also identified as the portion of NBGIC Number 55115562 that is intended to be consolidated with NBGIC Number 55115554, from "R -1A" One Family Residential to "RF" Rural classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 177 -187 MANNERS SUTTON ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held on Monday, May 10, 1999 at 7:00 p.m., by: Amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character": "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562." 2. Re- zoning a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road, also identified as NBGIC number 55115562, as illustrated below, from "R -1A" One Family Residential to "R -2" One and Two Family Residential and "RF" Rural. (INSERT MAP) REASON FOR CHANGE: To permit the development of a mixture of one - family and two- family dwellings on the portion of the subject lands to be rezoned to "R- 2". The portion of the subject lands to be rezoned to "RF" will be consolidated with an adjoining property that is presently zoned "RF ". The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. 2 ?leg, /9187 .;;;? City of Saint John INTERNAL INSERTION ORDER X 0 Q Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) ETG City Information AD Date(s): Tuesday, April 13, 1999 Tuesday, May 4, 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: I1 Tender(s) 171 Proposals(s) i Public Notice(s) 171 Mayor's Message 0 General Notice(s) TTA( Tele 1� Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 Ell I April 12, 1999 City of Saint John Mr. G. A. (Sandy) Robertson P.O. Box 1225 Saint John, NB E2L -4G7 Dear Sir: At a meeting of the Common Council, held on the 6th instant, the following resolution was adopted, namely:- "RESOLVED that the application of G.A.(Sandy) Robertson for a Municipal Plan amendment and re- zoning of property at 177 -187 Manners Sutton Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, May 10, 1999 at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. Nlunford Common Clerk MLM -.sc Enc 1� s Office of the Common Clerk Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 City of Saint John April 1. 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John Saint John, N. B. Your Worship and Councillors: Following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the attached application of G. A. (Sandy) Robertson for a Municipal Plan amendment and re- zoning of property at 177 -187 Manners Sutton Road, and no written objections have been received. Council, if it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re- zoning, schedule a public hearing for Monday, May 10, 1999, at 7:00 o'clock p.m., and request the views of the Planning Advisory Committee Yours truly, r/) . A&?� Mary lunford Common Clerk attachment PROPOSED MUNICIPAL PLAN AMENDMENT RE: 177 -187 MANNERS SUTTON ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would amend Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES -- Projects and Proposals — Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character ": "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562." REASON FOR CHANGE: To permit rezoning of a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road, also identified as NBGIC number 55115562, as illustrated below, from "R -1A" One Family Residential to "R -2" One and Two Family Residential, and subsequent development of one and two- family dwellings on the subject lands. (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 1, 1999 in the Council Chamber, Lobby Level, City Hall. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 31, 1999. Enquiries may be made at the office of the Common clerk or the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. C /,� & /, � , Y a /-, �, - W"'J, / / � 7 � ? i Brothers Cove S u:tt n ��0 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 11000004422010 Department: Common Clerk's Office Contact: Mary Munford Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (ETG = Evening Times Globe; T -J = Telegraph Journal) X ETG City Information AD Date(s): Tuesday, February 16, 1999 171 ETG Independent Placement Date(s): Q ETG Classifieds Date(s): 0 T -J Independent Placement Date(s): 0 T -J Classifieds Date(s): INFORMATION FOR AD (Boldface anything you want Bold in Ad) Section Headline: 0 Tender(s) Q Proposals(s) X Public Notice(s) 173 Mayor's Message 173 General Notice(s) Sub - Headline (if applicable): Text: Call to Action: Mary L. Munford Common Clerk Contact: Telephone: {50fi) 658 -28fi2 Application for a Municipal Plan and Zoning By -Law Amenment Applicant Related Information Name of Applicant: _ G.A. (Sandy) Robertson Mailing Address of Applicant: P.O UQ_1225 Saint Tobn, N13 _ Postal Code: E2L 4G7 Telephone Number Fax Number (if any) Home 634 -1361 Business 633 -0031 Name of Property Owner (if different) Mailing Address of Owner Code Property Information 652 -5885 Location:. 177 Manners Sutton Road 55115562 _ Civic# Street NBGIC# Lot Area + or - 8 acres , Street Frontage Existing Use of Property Vacant - Former Boat Building and Boat Storage Facility and Residential Present Municipal Plan Land Use Designation Low Density Residential Present Zoning R -1A Amendments Requested Municipal Plan ❑ Change Land Use Designation to and/or CF Text Amendment (indicate particulars on an attachment) Zoning By -law bd Change Zoning to R-2 and/or ❑ Text Amendment (indicate particulars on an attachment) Development Proposal Description of Proposal To develop 7 Two Farnily Residential and 9 Single Famil Residential lots on a private street. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Provide reasons why these amendments should be approved There is a proven demand for units with the relaxed lifestyle these units will provide. Many empty nest long term Senior residents in the area have expressed interest in living in a single story carefree unit where snow Toughing, lawn care, etc. is provided. By developing Two Family units at the narrowest part of the street additional spacing can be left between the units so the view plane of the RKYC and Brothers Cove is retained for residents as thcv walk about. Provide any other information about your proposal that would be helpful The existing Property Tax base on Manners Sutton Road will more than double if this application is a roved. The knoll at the western end of the street where the waterlines freeze would be removed and the pipelines lowered to eliminate the existing problem. Signature of Applicant ' `/ 1� PP Date February 8. 1999 ff] $400 Application Fee Enclosed If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Date Proposed Text Amendment to Millidgeville Secondary Plan Amend Section 3.4.9 of the Millidgeville Secondary Plan by adding the following new paragraph immediately before the existing final paragraph under the heading °Development Theme/ Character'. "To also permit the development of two- family dwellings at Intensity 5 on the peninsula located on the western shore Of Brothers Cove, to the North of Manners Sutton Road, having NBGIC number 55115562." F F � 2 �S'OC Tof TLZ #LZ #[Z Tie io -H n 2 rn R N N F G O N [J Its p ru u Z w rV o w Qi p) C N N = b 0 ° 3 O p O N A 1 N C_ C O N O 0 N Ld _(U Z OQf IO0� F N °O� °b w \ I , F �x' F oot °'oL F �q N 9 o Io °[Ae-y F IN [7 U 1 0.� L W �\ LL a 1 -o �a \\ J l DRAFT A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By -law of the City of Saint John enacted on the twenty- second day of May, 1973 is amended by: Amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character". 'To also permit the development of two - family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading Second Reading Third Reading D RAFT A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By -law of the City of Saint John enacted on the twenty- second day of May, 1973 is amended by: Amending Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character". "To also permit the development of two- family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of * A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading Second Reading Third Reading Planning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick Canada E2L 41, 1 OPEN SESSION May 5, 1999 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 177 -187 Manners Sutton Road On April 6, 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 May 4, 1999 meeting. City of Saint john Mr. Stephen Horgan, who addressed the Committee in support of the application, represented the applicant. Mr. Horgan expressed agreement with the staff recommendation, except for Item #7 dealing with cost sharing of the upgrading /replacement of the Bullock Street sewage lift station. Mr. Horgan requested that this be deleted from the recommendation, as the applicant does not consent to making any contribution to this lift station. It was pointed out by staff that Item #7 was included for the convenience of Council and that, in any event, the cost responsibility for upgrading any existing infrastructure would need to be discussed as part of the subdivision agreement process. Once these discussions are completed, a separate report and recommendation from the City Manager will be required. No other persons attended the meeting and no letters were received. After considering the report and Mr. Horgan's presentation, the Committee adopted the staff recommendation with the exception of Item #7. The following recommendation deals only with the amendments to the Municipal Plan and Zoning By -law (Items 1 through 3 of the staff recommendation). A separate report and recommendation regarding the subdivision issues will follow should Common Council approve the amendments to the Plan and Zoning By- law. The Committee also approved the proposed private street with the name Yacht Haven Lane, and granted a number of variances from the requirements of the Planning Advisory Committee May 5, 1999 Page 2 Subdivision By -law and Zoning By -law, as set out in Items 8 through 10 of the staff recommendation on page 5 of the attached report. RECOMMENDATION: That Common Council amend Section 3.4.1 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area A: Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character ": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562. " 2. That Common Council rezone a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road, also identified as a portion of NBGIC number 55115562, from "R -IA" One Family Residential to "R -2" One and Two Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the use of the site is limited to the applicant's proposal to develop a subdivision containing a mix of one - family and two - family dwellings to a maximum of 23 dwelling units; b) the number of two - family dwellings is restricted to a maximum of 7 buildings (14 dwelling units); c) the two - family dwellings, if developed, must be in completed in accordance with detailed elevation plans to be prepared by the proponent, and subject to the approval of the Development Officer; d) the transportation of fill material during the construction of the proposed private street, and the filling of land on proposed Lots 1- 2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays; C) the filling of land on proposed Lots 1 -2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be in accordance with a detailed grading plan to be prepared by the proponent, and subject to the approval of the Development Officer; Planning Advisory Committee Page 3 May 5, 1999 f) the individual deeds for all the proposed lots and part -lots must indicate the proposed Yacht Haven Lane is a private access that will not be maintained by the City. 3. That Common Council rezone a triangular parcel of land with an area of approximately 4,000 square feet, located at 177 -187 Manners Sutton Road, also identified as the portion of NBGIC number 55115562 that is intended to be consolidated with NBGIC number 55115554, from "R -IA" One Family Residential to "RF" Rural. Respectfully submitted, r� Philip Hovey Third Member of Executive Committee RGP /r Attachment Community PIanning DATE: TO: FROM: FOR: Jim Baird MCIP P.O. Box 1971 506 658 -2835 Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 SUBJECT: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Existing Zoning: Proposed Zoning: Proposal: Type of Application: APRIL 30, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF MAY 4, 1999 Ilk"JaWL? Randall G. Pollock, MC Planner City of Saint John G.A. (Sandy) Robertson G.A. (Sandy) Robertson 177 -187 Manners Sutton Road 55115562 Low Density Residential - Development Area A "R -1 A" One Family Residential "R -2" One and Two Family Residential and "RF" Rural To develop a residential subdivision consisting of a mix of one - family and two - family dwellings Municipal Plan Amendment, Rezoning, Subdivision and Variances, as follows: G.A. (Sandy) Robertson Page 2 177 -187 Manners Sutton Road April 30, 1999 a) to permit a right-of-way width of 15 metres (50 feet) for the proposed extension of Manners Sutton Road, whereas the Subdivision By -law requires a minimum width of 20 metres (66 feet); b) to permit a lot depth for proposed Lot 21, ranging from 25 to 30 metres (82 to 100 feet), whereas the Subdivision By -law requires a minimum depth of 30 metres (100 feet); C) to permit front yards of 6 metres (20 feet) for proposed Lots 1 to 12 and 22 to 23, whereas the Zoning By -law requires minimum front yards of 7.5 metres (25 feet); d) to permit rear yards of 6 metres for proposed Lots 3 to 12, whereas the Zoning By -law requires minimum rear yards of 7.5 metres (25 feet); e) to permit side yards of 1.5 metres (5 feet) or larger for proposed Lots 1 to 12 and 22 to 23, whereas the Zoning By -law requires minimum side yards of 10 percent of the lot width; f) to permit lot occupancies of up to 49 percent for proposed Lots 1 to 12, whereas the Zoning By -law permits a maximum lot occupancy of 40 percent. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the G.A. (Sandy) Robertson Page 3 177 -187 Manners Sutton Road April 30, 1999 Municipal Plan and Zoning By -law. Council will consider the Committee's recommendation at a public hearing on Monday, May 10, 1999. The Act also authorizes the Committee to give its views to Common Council with respect to the location of public streets, municipal services easements, public utility easements and land for public purposes (or acceptance of money -in -lieu thereof) in conjunction with the proposed subdivision of land. Finally, the Committee itself is authorized by the Act and the Subdivision By -law to approve a means of access other than a public street, as well as the street's name. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By -law and Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend Section 3.4.1 of the MilIidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals -- Development Area A. Millidgeville Core) by adding the following new paragraph immediately before the existing final paragraph under the heading "Development Theme /Character ": "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners .Sutton Road, having NBG1C number 55115562. " 2. That Common Council rezone a parcel of land with an area of approximately 7 acres, located at 177 -187 Manners Sutton Road, also identified as a portion of NBGIC number 55115562, from "R -1 A" One Family Residentiatto "R -2" One and Two Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the use of the site is limited to the applicant's proposal to develop a subdivision containing a mix of one - family and two - family dwellings to a maximum of 23 dwelling units; b) the number of two - family dwellings is restricted to a maximum of 7 buildings (14 dwelling units); G.A. (Sandy) Robertson Page 4 177 -187 Manners Sutton Road April 30, 1999 C) the two - family dwellings, if developed, must be in completed in accordance with detailed elevation plans to be prepared by the proponent, and subject to the approval of the Development Officer; d) the transportation of fill material during the construction of the proposed private street, and the filling of land on proposed Lots 1- 2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays; e) the filling of land on proposed Lots 1 -2, 3 -4, 5 -6, 22 -23 and adjacent Trustee Lands must be in accordance with a detailed grading plan to be prepared by the proponent, and subject to the approval of the Development Officer; f) the individual deeds for all the proposed lots and part-lots must indicate the proposed Yacht Haven Lane is a private access that will not be maintained by the City. 3. That Common Council rezone a triangular parcel of land with an area of approximately 4,000 square feet, located at 177 -187 Manners Sutton Road, also identified as the portion of NBGIC number 55115562 that is intended to be consolidated with NBGIC number 55115554, from "R -1A" One Family Residential to "RF" Rural. 4. That, if and when third reading is given to the proposed amendments, Common Council assent to one or more subdivision plans, in one or more phases, for the proposed Moorings of Millidgeville Subdivision, with respect to the proposed public street, future street, land for public purposes, and any required municipal services easements and public utility easements. 5. That, if and when third reading is given to the proposed amendments, Common Council authorize the preparation and execution of one or more subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 6. That, if and when third reading is given to the proposed amendments, Common Council authorize cost - sharing for any extension of municipal sewer and water facilities outside the limits of the proposed subdivision, in G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 5 April 30, 1999 the same manner as provided for services within the subdivision pursuant to the Subdivision By -Iaw. 7. That, if and when third reading is given to the proposed amendments, Common Council authorize cost sharing for the necessary sewage lift station at Manners Sutton Road/Bullock Street, the extent of such cost sharing to be subject to the approval of Common Council. 8. That the Planning Advisory Committee approve the proposed private street as a means of access to the proposed lots, generally as illustrated on the submitted plan, with the name of Yacht Haven Lane. 9. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision By -law: a) a right -of -way width of 15 metres (50 feet) for the proposed extension of Manners Sutton Road as a public street and future street; b) a lot depth of 25 to 30 metres (82 to 100 feet) for proposed Lot 21. 10. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning By -law: a) front yards of 6 metres (20 feet) for proposed Lots 1 to 12 and 22 to 23; b) rear yards of 6 metres (20 feet) for proposed Lots 3 to 12; C) side yards of as little as 1.5 metres (5 feet) for proposed Lots 1 to 12 and 22 to 23, on condition that the spacing between the buildings is supplemented by common Trustee Lands in a manner similar to the submitted Proposal for the Moorings of Millidgeville. d) lot occupancies of up to 49 percent for proposed Lots 1 to 12. BACKGROUND: In 1996 the Committee considered a proposal to create a subdivision of 15 single - family lots on a private street running north from a proposed extension of Manners Sutton Road. The application included rezoning of the peninsula area to "R -IA" One Family Residential, as well as the subdivision of the land. The proposal also required variances from the requirements of the Subdivision By -law G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 6 April 30, 1999 to permit an increased cul -de -sac length and a decreased cul -de -sac turnaround diameter. The Committee recommended that Common Council approve the proposed rezoning with the following conditions, and that it assent to the subdivision with respect to the proposed extension of Manners Sutton Road, a future street area, land for public purposes and any required municipal services and public utility easements. The Committee also recommended the execution of a subdivision agreement with cost sharing of the necessary water and sewer facilities within and outside of the limits of the subdivision. The Committee approved the proposed private street and the name Yacht Haven Lane. The Committee also granted variances to permit the long cul -de -sac and smaller turnaround area. In response to concerns expressed by the Committee and residents of Manners Sutton Road, the Committee also requested that Council consider the following: improvement to Manners Sutton Road in order to develop a wider asphalt driving surface for the safer movement of vehicles; the possible designation of Manners Sutton Road to restrict on- street parking of vehicles; and directing staff to determine whether any of the residential properties in the neighbourhood have illegal dwelling units. Common Council approved the rezoning on February 5, 1996, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the transportation of fill material during the construction of the proposed private street and the filling of land on proposed Lots 1, 2, 3 and 15 be limited to the hours of 8:00 a.m. to 6:00 p.m. Mondays to Saturdays and prohibited on Sundays and Saturdays when the spring weight restrictions come into effect; b) the filling of land on proposed Lots 1, 2, 3 and 15 be in accordance with a detailed grading plan approved by the Development Officer; and C) the individual deeds for all the proposed lots indicate the proposed street is a private access that will not be maintained by the City. G.A. (Sandy) Robertson Page 7 177 -187 Manners Sutton Road April 30, 1999 At the same time Common Council gave its assent to the single - family subdivision with respect to the street, future street, land for public purposes and easements, and authorized the necessary agreements and cost sharing of services. In 1998, the developer submitted a revised proposal, to develop up to SO townhouse units on his lands. An amendment to the Millidgeville Secondary Plan and a rezoning to "TH" Townhouse were requested. Staff did not recommend approval of the revised proposal, and there were a number of objections from neighbouring property owners as well as several submissions in support for the concept. On June 8, 1998 the Committee recommended that Common Council approve the amendments, subject to a Section 39 resolution limiting the development to the applicant's proposal, and restricting the total number of units on the peninsula to a maximum of 40 units. The Committee also recommended that Council initiate some improvements to Manners Sutton Road, as suggested by the developer's consultant. Common Council, however, denied the application on July 27, 1998. INPUT FROM OTHER SOURCES: Engineering advises as follows: a) As was the case with both previous proposals, the proposed subdivision will. require a lift station in order to connect the development to City sewers. The capacity of this station must be designed to handle the anticipated servicing demands for fixture development in the area. Once past the high point on Manners Sutton Road, sewage can then flow by gravity through existing lines to the existing lift station at Bullock Street/Manners Sutton. As that lift station is already at capacity, upgrading or replacement on a cost - shared basis will be necessary. b) There is not enough detail to fully evaluate provisions for servicing the individual properties, Easements will be required, with at least a 3 -metre (10 -foot) separation between the municipal sewer and water lines and the underground electrical conduits. Further engineering plans are required to fully evaluate the proposed development prior to final approval. C) If proposed Yacht Haven Lane is to be a private street, individual deeds to the proposed lots should clearly identify that fact, including a statement that the City will not maintain the street. Engineering continues to prefer a public street with a 20 -metre (66 -foot) right-of-way since its experience is G.A. (Sandy) Robertson Page 8 177 -187 Manners Sutton Road April 30, 1999 that, once major maintenance is required, the residents expect the City to carry out the work. d) Because of its length, a concrete sidewalk must be provided on at least one side of the proposed Yacht Haven Lane. The proposed turnaround near the end of the peninsula must have a paved surface with a minimum radius of 15 metres (50 feet) to accommodate fire fighting apparatus. Street lighting must be provided. C) It is noted that the proposed extension of Manners Sutton Road is now shown as a 15 -metre (50 -foot) right -of -way. Engineering would prefer that a 20 -metre (66 -foot) right-of-way be provided, as was the case with the previous proposals_ The 20 -metre width will permit services to be placed outside the asphalt, which will make maintenance easier and may be needed if the road is ever extended to Ragged Point Road. It will also enhance the apparent setback of the buildings. Engineering does not see any compelling reason to accept a lower standard. Building and Technical Services has no objection. Engineering reports on bearing capacity of fill material will be required for each home. Saint John Energy advises that it has adequate facilities along Manners Sutton Road to serve the proposed development. As per the City Subdivision By -law, all electrical facilities within the subdivision shall be underground. The design and required cost contribution will be discussed with the developer at the appropriate time. NBTel advises that it has facilities in this area. Should the project be approved and go ahead, NBTel will work closely with Saint John Energy and the developer to design suitable buried facilities and remove the existing aerial facilities. Fundy Cable has submitted no comments. Parks and Recreation notes that the proposed land for public purposes parcel is the same as approved in 1996. The department continues to support the dedication of this parcel as LPP. Fire Department has no objection provided that the private street has a clear width of not less than 6 metres (20 feet), and overhead clearance of 5 metres (16 feet) and a turnaround facility at or near the dead end, capable of allowing for the turning of fire fighting vehicles. G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 9 April 30, 1999 N.B. Department of Environment has submitted no comments. With respect to the previous proposal, the department had advised that any activity within 30 metres (100 feet) of a watercourse (which could be as small as an intermittent stream) requires a Watercourse Alteration Permit. The development plan suggests that all of the lots on the peninsula will require permits. School District 8 has submitted no comments. ANALYSIS: Site and Neighbourhood The subject site is a long, narrow peninsula at the westerly end of Manners Sutton Road in Millidgeville, as illustrated on the attached map. The total area of the site is approximately 7 acres. A substantial amount of "cut and fill" work has been done on the peninsula in preparation for development of the previously approved 15 -lot single- family subdivision. The Manners Sutton Road area is a low - density residential neighbourhood with a mixture of new and older detached dwellings, many of which enjoy scenic views of Brothers Cove. The street itself, with its narrow paved driving surface and no sidewalk, has retained much of the "country" atmosphere of pre - suburban Millidgeville. The street presently dead -ends at the entrance to the subject site. An extension of the street was approved in conjunction with the 1996 proposal, but has not been developed nor vested in the City. To the south and west of the subject site is additional land owned by the applicant. Beyond the applicant's land is a large parcel owned by the Province, extending to Ragged Point Road and Woodward Avenue. Proposal The developer has submitted this new proposal as a response to market demands for "relaxed lifestyle" dwelling units for retirees and empty nesters. He has requested that the site be rezoned, from "R -1A" One Family Residential to "R -2" One and Two Family Residential, in order to permit a mix of one - family and two - family dwellings. The applicant proposes a total of up to 23 dwelling units, including up to 14 two - family dwelling units, as illustrated on his new concept plan. A very small portion of the site, to the rear of proposed Lots 22 and 23, would be rezoned to "RF" Rural and consolidated with the applicant's adjoining land that is currently zoned "RF ". G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 10 April 30, 1999 The applicant is also seeking approval of the tentative subdivision plan for the development. The attached "Proposal for The Moorings of Millidgeville" has been submitted as the tentative plan, and illustrates the applicant's proposed development. The plan indicates nine one - family lots, 14 semi - detached lots and a Parcel T (for Trustee Lands), which includes common green area and the private roadway. The proposed name for the private roadway is still Yacht Haven Lane, which is what was approved for the previous single - family proposal. Manners Sutton Road is proposed to be extended as a public street and future street (same as previous proposal), but now the applicant is proposing only a 15- metre (50 -foot) right -of -way, rather than a 20 -metre right -of -way. The proposed land for public purposes (LPP) is the same as previously approved, over on the shore of Den Boom Cove. The applicant indicates that there is a proven demand for homes with the relaxed lifestyle that his proposed development will provide. He advises that many empty nest and long -term senior residents in the area have expressed interest in living in a single- storey "carefree" unit where snow plowing, lawn care, etc. is provided. Municipal Plan Land Use Designation Except for the nearby Provincial land, the area is designated Low Density Residential by the Municipal Plan. This designation envisions a variety of housing types and forms at an overall average net residential density of up to 15 units per acre. Although there may be higher densities on individual sites where deemed appropriate, the overall pattern of development in Low Density Residential areas must remain below this maximum. The subject proposal, with 23 dwelling units on a site area of approximately 7 acres, results in an overall all site density of only 3.3 units per acre, well below the Municipal Plan's guidelines. The proposed mix of unit types (i.e. one - family and two - family dwellings) is also in conformity with the Plan. Millidgeville Secondary Plan The Millidgeville Secondary Plan, adopted in 1989, provides more detailed objectives and policies to guide the development of the Millidgeville community. The objectives established by the Secondary Plan for residential development are aimed at maintaining a high - quality residential environment. The subject site lies within Development Area A ( Millidgeville Core), which is described as an area of G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page l 1 April 30, 1999 one - family, some two- family and possibly townhouses developed at "Intensity 5 ". Intensity 5 provides for a maximum density of 43 units per hectare (17.4 units per acre) for individual sites, and an overall maximum neighbourhood density of 15 units per hectare (6 units per acre). In addition, the policies for Development Area A require residential development other than single detached dwellings to be located in the Woodward Avenue area of Development Area A. The only exception that has been made since adoption of the Secondary Plan is the 11 -unit townhouse development now being developed at the corner of Millidge Avenue and Manners Sutton Road. This development was approved in 1997. The density of the applicant's proposal (3.3 units per acre) is well below the maximum of Development Area A. However, the mix of one - family and two - family dwellings does not conform to the intent of the Plan. As a result, an amendment to the Secondary Plan is necessary in order to permit the proposed development at this location. Proposed Amendment to the Secondary Plan The requested amendment, if approved, would add the following paragraph to Section 3.4.1 of the Secondary Plan, which sets out the design guidelines for projects and proposals in Development Area A: "To also permit the development of two-family dwellings at intensity 5 on the peninsula located on the western shore of Brothers Cove, to the north of Manners Sutton Road, having NBGIC number 55115562. " From a planning perspective, a neighbourhood containing a mix of one - family dwellings and a limited number of two - family dwellings is not significantly different from an exclusively one - family neighbourhood. Indeed, despite the Secondary Plan's policies, the Manners Sutton Road area and other portions of the Millidgeville Core have never been exclusively one - family areas, as there has always been a small intermixing of two- family dwellings (both legal and illegal) here and there. This has occurred with few significant impacts on neighbourhood compatibility. Negative impacts are reduced particularly if the overall density that results from the mix is similar to that which would be permitted if the neighbourhood were all one - family dwellings. This is the case with the applicant's proposal, which provides for the same number of dwelling units (23) as would be permitted on the same -sized development parcel under the existing "R-IA" provisions. G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 12 April 30, 1999 Another important consideration is the manner in which any two - family dwellings are sited and designed. A high - quality design that gives the impression of a large one - family dwelling, and/or an elevation view that provides asymmetrical elements through use of varied roof lines, porches and other appurtenances, and locations of windows and doors, can project a image that is appropriate to the area, without giving the impression of a "standard" semi - detached house. The applicant has not submitted any proposed building plans with the application, but has shown staff some possible designs that include the above elements. The applicant may be able to make these available for the Committee's meeting. If the proposal is approved, conditions should be included to require review and approval by the Development Officer of elevation plans for the proposed two - family dwellings. Because the density of the proposal is the same as would be permitted under the existing zoning, and only slightly higher than the 1996 approved subdivision, the traffic impact of the development will not be significantly different. In conjunction with the applicant's 1998 townhouse proposal, a traffic study was submitted that indicated traffic levels for that development would be within the accepted guidelines for a local street. The present proposal includes less than half the number of dwelling units contemplated by the townhouse proposal. The 1997 traffic study also indicated that the existing "country lane" construction of much of Manners Sutton Road was sufficient, even for the 50 -unit proposal, but some upgrading would be advantageous regardless of whether or not further development occurs. A subsequent report to Council outlined a number of possible improvements that could be undertaken, and the estimated costs of each option, However, there is not a consensus among residents of the street, and it would appear that some minor straightening and repaving of the existing alignment, would be all that is necessary. The above observations lead to the conclusion that the proposal can be supported, subject to limitations as to density, mix of dwellings and design approval. Zoning and Variances The applicant has proposed that the entire site be placed in the "R -2" One and Two Family Residential zone, which as the name suggests, will permit both types of dwellings. Although the end of the peninsula could be left in the "R-IA" zone and still accommodate the proposal as currently illustrated, rezoning the entire peninsula to "R -2" will provide a measure of flexibility to the applicant in determining the final locations of unit types. The overall maximum number of G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 13 April 30, I999 units and ratio of one - family to two- family can be ensured through Section 39 conditions limiting the maximum units to a total of 23, including up to 14 semi- detached. While the "R -2" zoning is the most appropriate zone for the applicant's proposal, a large number of variances are required for the proposed two - family dwellings due to the unique nature of the development. These include reduced front and rear yards of 20 feet for most units, reduced side yards of as little as 5 feet, and lot occupancies up to 49 percent of the lot area. A standard "R -2" lot requires 25- foot front and rear yards, side yards of up to 10 feet, and maximum lot occupancies of 40 percent. All of these variances could be avoided by incorporating more of the proposed Trustee Lands into individual lots. However, in keeping with the concept of the senior /empty nester lifestyle, the applicant wishes to maximize the amount of Trustee Lands, while allocating a smaller exclusive area to each unit, As the resulting separations from street and between units will be the same as if the land were part of the individual lots, the proposed variances can be supported. Subdivision Issues and Variances Proposed Private Street As was the case with the 1996 proposal, the developer proposes a private street running up the peninsula. In addition to the proposed private status, the length of the cul -de -sac and turnaround diameter required specific approval of the Planning Advisory Committee. The Committee approved this arrangement in conjunction with the 15 -lot single family development, and the present proposal is basically the same. Engineering continues to express concern regarding the private nature of the proposed street. The concern is that when major maintenance is required, the residents will seek the assistance of the City to undertake the work. As the report on the previous proposal noted, this has been the situation for many of the inadequately constructed private roadways in the past. IIowever, most of these roadways were poorly constructed in the first place. The proposed street, like the streets approved in other recent developments, would be constructed in accordance with approved engineering plans. As suggested by Engineering, the recommendation includes a Section 39 condition requiring notices of the private nature of the street to be placed on all deeds, similar to the existing "R -IA" conditions. G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 14 April 3 0, 1999 As previously noted, the proposed street name for this private street, Yacht Haven Lane, is the same as already approved by the Committee and continues to be appropriate. Municipal Services and Utilities The proposal requires extension of municipal water and sewer from its present terminus on Manners Sutton Road. A sewage lift station is required to connect the development with the existing sewer line. The original development proposal also required that improvements be made to an existing lift station at Manners Sutton Road and Bullock Street in order to accommodate the increased load on the existing line. The City agreed to cost share this work with the developer in conjunction with the previous subdivision proposal. However, the specific details have not been worked out to date. Once a cost - sharing formula is developed, a further report will be prepared for Council. The Subdivision By -law requires the development to be fully serviced with asphalt street, concrete curbing, storm sewer and street lighting. All utilities must be underground. The applicant's proposal is consistent with these requirements. The City or the appropriate utility company would maintain all transmission facilities, other than individual laterals and utility lines off the main line. If the proposal is approved, easements will need to be shown on the final subdivision plan for these facilities. The exact location and widths of these easements would be determined when servicing plans are approved. Extension of Manners Sutton Road As already noted, the proposed extension of Manners Sutton Road as a public street /firturc street is consistent with the previous approved development, except for the now - proposed 15 -metre (50 -foot) width of the right-of-way. Engineering has indicated that it supports the previously approved 20 -metre right -of -way for various reasons, most importantly in order to provide flexibility for placement of services clear of the asphalt. The applicant correctly notes that much of the existing section of Manners Sutton Road is currently 50 feet wide and that this right -of -way width can accommodate a standard 30 -foot paved surface for a local street. In addition, he indicates that easements can be granted to supplement the right -of -way width, if needed for installation of services. As the proposed 50 -foot width would be an extension of the existing situation, and it is not likely that widening of the road to G.A. (Sandy) Robertson Page 15 177 -187 Manners Sutton Road April 30, 1999 accommodate more than two lanes of traffic would ever be required, a variance for the reduced width can be supported. The proposal now includes a turnaround on Manners Sutton Road, which was a condition of the previous approval. This turnaround would be removed in the future in conjunction with fiirther extensions of the street. Land for Public Purposes The land for public purposes dedication is the saute 1.24 -acre parcel that was previously approved. This dedication represents the required 0.42 -acre dedication for the proposed subdivision and 0.82 -acre credit for possible future dedication requirements. Lot Depths The Subdivision By -law requires minimum lot depths of 30 metres (100 feet) for each lot. All but proposed Lot 21 meet this requirement. While a portion of Lot 21 is the required depth, it tapers off to one side due to the shape of the shoreline in this area, providing a depth of as little as 25 metres (82 feet) for part of the required lot width. Similar to the variances for the two- family dwelling lots, this variance can be avoided by incorporating more Trustee lands into the lot. However, the effect would not be any different from the applicant's proposal and, therefore, the variance can be recommended. Alteration of Land Levels The developer has undertaken a significant amount of work on the peninsula to prepare a level site for development. Specific conditions have been attached to the present zoning to regulate this activity. If the present application is approved, these conditions should be re- imposed so that they will remain in effect. The N.B. Department of Environment has also advised that further Watercourse Alteration Permits will be required for alterations of land levels on the individual lots. CONCLUSION: The subject site is presently zoned for single - family development and can accommodate up to 23 houses under this existing situation, notwithstanding that the currently approved subdivision plan included only 15 lots. The applicant's revised proposal is for a mix of one - family and two - family dwellings at the same density as provided for under the existing zoning. The proposal can be supported G.A. (Sandy) Robertson 177 -187 Manners Sutton Road Page 16 April 30, 1999 provided that it is developed in a manner that is compatible with the neighbourhood. In order to ensure that this occurs, conditions are suggested with respect to maximum number of dwelling units (including a maximum number of two - family dwellings) and design review for the two- family dwellings. In addition, the previous conditions with respect to deed notices and land alteration remain appropriate and are included in the recommendation. RGP /r COMMUNITY PLANNING Subject Site: Address: 177-187 Manners Sutton Road Map Number: -07N-6-0-NE Date: February 15, 1999 Scale: N.T.S. NBGlC Number (s): 55115562 L�gd ............... PREVIOUS APPROVED SINGLE FAMILY PROPOSAL -(NO LONGER BEING PURSUED) Krvw NA_ cove a.-ft A. 1 I 0 Ap., 1.3 $4 Dan Boom Cova - r '� r/ I�5 r4 s 25--2A 4 Flow Dr—wick CrSd C- La,d For P%uob>r. 2 15 St,.. t L so--5k It + 0&-3k 95--1 T. Qk_j Tentat)" Nan Moorings of kna ridgmMe Sub<rMm�— DWL f E- ' j P _Wy Wannem Sutton Rood TIrkig—Me of Saint John . Saint S County New Brunswick Da,4d V. P.Vg 4 r Lots 1 to 12 and 22 to 23 are each contain a single unit of a 2 family dw Lots 13 to 21 are coch to contain a -single family dwelling . Proposal for Woorings of Millidgevib Za 9 7a -9 do ea rt�h� W 109 Bedell Ave. Saint John, N. B. E2K 2C3 May 1, 1999. RE: Proposal to develop property at the end of Manners Sutton Road (Yachthaven Drive) - Developer: Mr. Sandy Robertson. Planning Advisory Committee of the City of Saint John. �i—Oa A I eW C O a Ladies and Gentlemen: Please find attached a copy of the letter that I sent to you June S, 1998 regarding Mr. Robertson's Proposal to develop the property at the end of Manners Sutton Road. The comments contained in the letter still hold true. I continue to support Mr. Robertson's vision for this property. It is noteworthy that Mr. Robertson has modified his plan in response to community concerns regarding density and traffic flow patterns. He has worked closely with the Planning Department of the City of Saint John in an attempt to find a compromise which would make it possible for him to move his proposal to its natural conclusion. The continuing costs associated with development of this or any property must at some point in time become burdensome for the developer. Enthusiasm for such projects cannot be sustained indefinitely. The dilemmas associated with this development serve as a poignant reminder of how community needs must be balanced with the enthusiasm of talented entrepreneurs who are willing to undertake the risks of such a development. I wish you well in your deliberations regarding this worthwhile community development project. Yours uly, 4�D �oug 109 Bedell Ave. Saint John, N. B. E2K 2C3 June 5, 1998. RE: Proposal to develop property at the end of Manners Sutton Road (Yachthaven Drive) - Developer: Mr. Sandy Robertson. Planning Advisory Committee of the City of Saint John. Ladies and Gentlemen: It is with some degree of urgency that I find myself writing to you regarding Mr. Sandy Robertson's proposal to develop land at the end of Manners Sutton Road I have been watching with interest the developer's proposals over the years to find a usefarl purpose for this beautiful site located adjacent to Brothers Cove and the Blue Peter: The property in question represents 4.35 hectares (10.75 acres) of the most desirable real estate in the entire city of Saint John. Mr. Robertson's original proposal offered single family lots which could accommodate the upper end of the market place. Homes with assessment values in the $300,000 -- $500,000 range were initially contemplated by the developer. It seems apparent in the current economy that the original vision may not be possible given the high level of unemployment in our community and the scarcity of capital necessary to build homes in this rarefied price range. As a consequence of these economic considerations and a market trend to "downsize; "families whose demographic classification describes them as nearing retirement (age 50 - 65), have in recent years been opting for condominium style Housing. Mr. Robertson's latest proposal seems clearly designed to accommodate this obvious shift in market demand. Although his original proposal is still highly desirable current market forces must be weighed carefully in the present economic climate by any developer risking capital. I leave personally known Sandy Robertson for most of the fifty years of my life. He is a responsible businessman and a resident with a lifelong commitment to Millidgeville. Mr. Robertson is far more knowledgeable and sensitive to community standards and history than most people who live in the area. He has a commitment which is "second-to-none" with regard to the development of the Manners Sutton Road property which he has known and admired most of his lifetime. I have every confidence that Mr. Robertson would "go-the-extra- mile" to ensure compliance with community concerns regarding his current proposal and further would not "shy - away "from the obligations imposed by the city of Saint John on all developers. Thankfully, Saint John sets very high standards for development, perhaps the highest standards in our entire region. I would not have it any other way. I ant convincer) that the community of Millidgeville would be enhanced by Mr. Robertson's current proposal for development of this property. As a taxpayer, I am reminded, every spring when I receive niy property tax bill, of the importance of encouraging developers and their proposals for expansion of the city's tax base. I wish you well in your deliberations regarding this worthwhile community development project. Yours truly, h� Mayor & Council and Planning Advisory Committee Subject: Moorings of Millidgeville Development Proposal, 177 -187 Manners Sutton Rd. We, the undersigned residents of Manners Sutton Road, met with Sandy Robertson regarding his proposal for a 23 unit development consisting of 9 single family lots and 7 two family single story garden home lots. We feel this project is a reasonable compromise by Mr. Robertson from his development proposal of last year and ask you to favour it with a positive response when it comes before you. Name Street Number Signature 1411 fit, 4 LL � r (4 " 4 6f K'\Cq-'50\� -74 nn ew �J�5 SU o T �t� JR 1d08 We 7,;; N L , 1_. —e` c2 S / ' 0,7 ✓i �J'-J C:2 S Mayor & Council and Planning Advisory Committee Subject: Moorings of Millidgeville Development Proposal, 177 -187 Manners Sutton Rd. We, the undersigned residents of Manners Sutton Road, met with Sandy Robertson regarding his proposal for a 23 unit development consisting of 9 single family lots and 7 two family single story garden home lots. We feel this project is a reasonable compromise by Mr. Robertson from his development proposal of last year and ask you to favour it with a positive response when it comes before you. Name Street Number Signature - . .- J To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, May 10, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, Common Council authorize the sale of 134 Queen Street West (NBG1C Number 367557) to Habitat for Humanity Saint John Region Inc. for the purchase price of $2,500 plus HST and all applicable adjustments; the City of Saint John reserve the right to reacquire the subject property for the purchase price is site development does not commence within 12 months of the title transfer (site development meaning the pouring of a foundation and erection of flooring, framing and trusses), and the Mayor and Common Clerk be authorized to execute the necessary documents. 2. That as recommended by the City Manager, remuneration for the position of Deputy City Manager be set at Grade 9, Step 2, on the Classification Table for Management Positions, effective January 19, 1999 Resp ctfully submitted /S�h�irl�ey McAla May 17, 1999, ry, Saint John, N.B. Chairman. / ,5i y /7X999. Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L dLi May 21, 1999 Mr. Tim Ryan 1999 Building Committee Habitat for Humanity Saint John Region Inc. P.O. Box 20093, Brunswick Square Saint John, NB E2L 5B2 Dear Sir: At a meeting of the Common Council, held on the 17th instant, the following resolution was adopted, namely:- ..i City of Saint John " RESOLVED that as recommended by the City Manager, Common Council authorize the sale of 134 Queen Street West (NBGIC Number 367557) to Habitat for Humanity Saint John Region Inc. for the purchase price of $2,500 plus HST and all applicable adjustments; the City of Saint John reserve the right to reacquire the subject property for the purchase price is site development does not commence within 12 months of the title transfer (site development meaning the pouring of a foundation and erection of flooring, framing and trusses), and the Mayor and Common Clerk be authorized to execute the necessary documents." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Mary L. unford Common Clerk MLM:sc I To the COMMON COUNCIL of the City of Saint John l� The Committee of the Whole reports Your Committee reports that it sat on Thursday, May 13,1999, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus and White, and your Committee submits the following recommendations, namely: 1. That Common Council approve a salary step adjustment for the Common Clerk to Maximum, Grade 7, effective January 1, 1997. 2. That Common Council approve the following salary step adjustments for the Assistant Common Clerk: Grade 4, Step 5, effective January 1, 1997; Step 6, effective January 1, 1998, and Maximum, effective January 1, 1999. 3. That Common Council approve the following salary step adjustments for the City Solicitor: Grade 9, Step 3, effective June 1, 1998, and Step 4, effective June 1, 1999_ 4. That Common Council approve the following salary adjustments for the City Manager: 3.75% effective January 1, 1998; and 1.25% effective January 1, 1999. Resp ully submitted, ����e" Gil'/ � May 17, 1999, h rley McAlary, Saint John, N.B. Chairman. / /� +� it ' R P T • EN R RISs.. Rosin liytvt Cann "u"n -Stmt // i. I Saint John, Nea, 8atnsm: k `ly� c(506;6 SAINT JOHN 7cicpLanc (Sf16) fi58 -2(i"' _ l "lull F", 1 800 5(' I ?8" ' F'aaimile 000) 658-- 8 -2 J JJ _✓ -: =% � %- � � ... -✓ ' ' � "' , L• -rnail cwnoinic "nhnrt.uh.ia DELIVERED BY HAND May 10, 1999 Mayor Shirley McAlary and Members of Council City of Saint John City Hall, 15 Market Square Saint John, N.B. ATTENTION: Mary Munford, Common Clerk Dear Mayor and Members of Council: Re: Regional Transportation System During the April meeting of our Board the issue of a regional transportation system was discussed. Because in virtually all instances, substantial employers are concerned that their location be serviced by public transportation, we believe that it is an issue that should be addressed by all municipalities in Greater Saint John. Presently the City of Saint John is the only municipality with a public transportation system. This transportation system could be extended to Grand Bay - Westfield, Rothesay and Quispamsis if there was indeed a need or a desire for the system in these communities. There are many issues that would have to be discussed but it seemed from our per- spective that it would be worthwhile to recommend that the municipalities open discussions. There is little doubt in the minds of the Board of Enterprise Saint John that such a regional system would be beneficial to our efforts in attracting business and would also serve our communities well. ....12 Together we'regredter! • Plus forts ensemble. Grand Bay - Westfield - Quispamsis • Rothesay • Saint John 2 Should you have any questions, please do not hesitate to telephone. Your very truly, Enterprise Saint John 0CFM- C!j r (WZ�Off MAY A A 1999 Together we're greater! • Plus forts ensemble. Cal, V OF Grand Bay-Westfield • Quisparnsis • Rothesa • Saint John May 10, 1999 Dial" 4 V 4 e7- Yd.I_u C Mayor Shirley McAlary and Members of Council City of Saint John City Hall, 15 Market Square Saint John, N.B. ATTENTION: Mary Munford, Common Clerk Dear Mayor and Members of Council: At the April meeting of the Board of Enterprise Saint John I was directed to write to you with respect to our budgeting process and financial management, and more particularly the issue of a surplus and reserve. Under the Letters Patent establishing Enterprise Saint John, we are not permitted to borrow, nor do we believe we should have the right to borrow. This restriction, however, creates some difficulty in cash flow because expenditures are not always incurred equally over our fiscal year. As well, our funding sources are not always timely with their contribu- tions. Our statements have been presented this year on a basis that accrues receivables and payables, and treats furniture and fixtures in our facilities as assets. They can be some- what misleading when viewed from the perspective of cash flows. The issue arose principally because our nine months statements for 1998 indicated a surplus of $69,000.00, largely as a result of accruing a receivable from the Province for start- up costs which was confirmed in late December, the contribution of capital assets from the former Enterprise Saint John and Fundy Region Development Commission, and depreciating our capital assets rather than expensing these assets at the time of acquisition. They were also somewhat misleading because of the treatment of funds that we manage on behalf of the Province with respect to its Seed Connexion Program. The principal purpose of this correspondence is to ask that you consider approving a policy that would permit Enterprise Saint John to establish a reserve over time from any surpluses that may occur rather than have the municipalities take into account this surplus in approving our budgets in subsequent years. The principal purpose of a reserve would be for liquidation expenses that might incur in the event of a dissolution of Enterprise Saint John. As you can appreciate the cost of Together we're greater. • Plus forts ensemble! Grand Bay- Westfield Quispamsis • Rothesay • Saint John 1 ENTERPRISE 4()KiouRsouue(entc �D�i����Rti� Saint John, Nci-. Bruns%%i k SAINT JOHN Canida F2LIG3 'lelcphone (SfX,) 658-28" 'Bill Far I ACID 561 -28'- r-v . h. v' + > > ✓ _: : r. i :: hLimile NY,) 659 -28-2 P: ow ] ecnnnmicn' nhn r -nb.m May 10, 1999 Dial" 4 V 4 e7- Yd.I_u C Mayor Shirley McAlary and Members of Council City of Saint John City Hall, 15 Market Square Saint John, N.B. ATTENTION: Mary Munford, Common Clerk Dear Mayor and Members of Council: At the April meeting of the Board of Enterprise Saint John I was directed to write to you with respect to our budgeting process and financial management, and more particularly the issue of a surplus and reserve. Under the Letters Patent establishing Enterprise Saint John, we are not permitted to borrow, nor do we believe we should have the right to borrow. This restriction, however, creates some difficulty in cash flow because expenditures are not always incurred equally over our fiscal year. As well, our funding sources are not always timely with their contribu- tions. Our statements have been presented this year on a basis that accrues receivables and payables, and treats furniture and fixtures in our facilities as assets. They can be some- what misleading when viewed from the perspective of cash flows. The issue arose principally because our nine months statements for 1998 indicated a surplus of $69,000.00, largely as a result of accruing a receivable from the Province for start- up costs which was confirmed in late December, the contribution of capital assets from the former Enterprise Saint John and Fundy Region Development Commission, and depreciating our capital assets rather than expensing these assets at the time of acquisition. They were also somewhat misleading because of the treatment of funds that we manage on behalf of the Province with respect to its Seed Connexion Program. The principal purpose of this correspondence is to ask that you consider approving a policy that would permit Enterprise Saint John to establish a reserve over time from any surpluses that may occur rather than have the municipalities take into account this surplus in approving our budgets in subsequent years. The principal purpose of a reserve would be for liquidation expenses that might incur in the event of a dissolution of Enterprise Saint John. As you can appreciate the cost of Together we're greater. • Plus forts ensemble! Grand Bay- Westfield Quispamsis • Rothesay • Saint John 2 employee severance obligations alone would be significant if they had to be incurred over a short period of time. If permitted by our funders, Enterprise Saint John would, at the end of each fiscal year, allocate a portion of any accrued surplus to the reserve until it reached an amount agreed by the fenders. All funding sources would have to agree to authorize Enterprise Saint John to establish the reserve from surpluses. We would not budget for this reserve but would only allocate funds in the event that we did indeed have a surplus at a year end. We would be pleased to discuss this issue with you should you be prepared to consider it. Your very truly, Enterprise Saint John David G. Bar Chairperson MAY i i P,99 Together we'regreater! - Plus forts ensemble! Grand Bay - Westfield - Qtiispanlsls • Rothesay • Saint John 1� Minister of the Ministre de Environment 1'Eavironnement New . s • I�T�uveat� yt Ck 30 April, 1999 File No. 6920 -0801 Mayor Shirley McAlary City of Saint John' PO Box 1971, Market Square Saint John NB E2L 4Li - Your Worship: Further to your initiatives regarding the permanent closure and remediation effort at the Spruce Lake landfill., I wlsti to corifirin that financial participation is committed by the Department of the Environment for the current budget year, 1999 -2000. Cost sharing disbursements will be on a 50% reimbursement basis and, are- applicable towards casts which are jointly agreed closure activities. 'Prompted by -estimates .in your Closure Plan, a net amount of $300,000 based on a projected _expenditure of $600,000 has been reserved .£or (landfill closure by the City of Saint John during our fiscal 1999 -2000. Our budget process currently requires - the annual . allocation `of funds - for .landfill closure and subsequent phases. of-.this project will: be, considered on that basis. A brief guideline describing the funding process applicable to dumpsite. and landfill .closures is enclosed for your perusal. Following established practice, comments concerning the specific work plan for your closure effort have been communicated to your staff by Mr. John Stubbert from our. Municipal Services Section. Please feel free to, contact us at your. convenience should you require, additional, information' to, expedite this dumpsite closure. - Yours truly, .GENE : DEVE Minist r 1de Enclosure TellraiEphonc: P.O.. Box 6000 Case postal'' 6000 .(506) 453 -2558 Fredericton Fredericton Fax/re- 16copicur : New Brunswick Nouveau- Brunswick ' "'(506) 4533377 Canada F.3B 5H1 Canada E3B 5111 Municipal Solid Waste Disposal Site Selection of Site Closure Contractors 8, Suppliers Procedures /Guidelines - ?7/5/29 Municipalities will request propor� Is from three qualified contractors or suppliers. The contractor's team will demonstrate recr9ni7ed skills and experience with civil construction as it pertains to impervious soils, municipal solid wastes, dumpsite closure & rcmediation etc.. The proposals will be based on the following: - Plans and Specifications furnished by the Consultant, retained by the Municipality, which conform to the agreed Closure Plan as accepted by the Municipal Services Section, Department of the Environment ( NBDOE). - NFDOE will not be responsible for expenditures unless written agreement precedes the work. The cost sharing amount (or % rate) and disbursemen� schedule will be determined prior to commencement of work. - The municipality will select the Contractor or Supplier within a specific scope of work in partnership with NBDOE. 11. copy of the bid comparison with respect to the scope of work offered will be furnished to NBDOE. Complete copies of each Proposal will be furnished to NBDOE within five (5) working days of such a request. A changeorder log will be maintained, and any singly; changeorder, or the sum of a number of smaller changeorders, exceeding $10,000 will require written approval from NBDOE prior to proceeding with the work or acceptance of cost sharing. Disbursements by the Province may be made on a progress basis and will only be made against the pm- se ;,ti -pion c,f invoices paid and approved by the Municipality. All claims should be forwarded to NBDOE (Municipal Services Section) for processing. Invoices must be individualized or categorized in a manner that will identify the specific authorization or changeorder used to fund the disbursement_ Invoices must be sufficiently detailed to clearly identify the portion of work carried out, a uivision between labour, materials and third party supplies etc., eic.. Our review process requires a complete set of support documents including dAly time and Expense cards plus copies of invoices, with similar levels of detail, for outside services or consultants etc.. Invoices should be generated as the work is carried out and should be presented to the Municipality within 15 to 20 days following month end while issues are still fresh in everyone's mind. Progress payments for cost shared funds should also be claimed promptly, while issues are still fresh in everyone's mind VY Legislative Assembly of New Brunswick Assemble Legislative du Nouveau Brunswick P.O. Box 6000 Case postale 6000 j Fredericton, NB Fredericton (N B.) Q 1 E3B 5Hx -?° E3B 5H] Tel: (506) 453 -2548 Tel.: (506) 453 2548 Fax: (506) 4533956 Fax: (506) 453 -3956 May 7, 1999 Mayor Shirley McAlary and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E21, 4L 1 Dear Mayor McAlary and Members of Council: With the recent construction of the new Centracare facility, it has come to my attention that staff, patients and families would greatly benefit from the construction of a sidewalk from the railway overpass area, further toward South Bay. This is a highly travelled thoroughfare with relatively narrow shoulders that do not provide adequate safety for pedestrians. Given the large numbers of patients, residents, staff and families in this immediate areas, I would request your consideration in Capital planning for the provision of sidewalks in this area. It has also become evident that drainage and water flow is a matter of concern, particularly in the winter months when icy conditions do exist. Consultation with local residents in the immediate vicinity could be of value in gaining more information about local conditions. I thank you very much for your interest in this matter. Sincerely yours, ane Barry, MLA Saint John Lancaster cc: Terry Totten, City Manager 04AY I �,_ 1999 CnI OF Legislative Assembly of New Brunswick Assemble MEgislative du Nouveau-Brunswick P.O. Box 6000 Case postale 6000 / Fredericton, NB Fredericton (N l3.) E3B 5H1 E3B 5H1 Tel: (506) 453 - 2548^_ Tel: (506) 453 -2548 Fax. • (506) 4533956 Fax (506) 453-3956 May 7, 1999 Mayor Shirley McAlary and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor McAlary and Members of Council: I have been approached by local residents with regard to a triangular green space between Russell Hill Road and Bolmorai Crescent where a number of young children frequently play. There is no signage notifying residents to slow down in this area and some vehicles, in fact, travel quite quickly given the hilly terrain. I would very much appreciate if you would have your traffic department investigate the possibility of posting "children playing "signs in order to enhance safety for local young people. Thank you so much for your consideration. Sincerely yours, L Jane Barry, MLA Saint John Lancaster cc: Terry Totten, City Manager Pauline Morin 409 Russell Hill Road Saint John, NB E2M 4V8 IAY : 4 1994 P: t c Legislative Assembly of New Brunswick Assemble Legislative du Nouveau- Brunswick P.O. Box 6000 Case postale 6000 Fredericton, NB Fredericton (N. B.) �C F.3B SHI E3B 5H1 Tel.• (506) 453 -2548 T61.: (506) 453 -2548 Fax: (506) 4533956 Fax.• (506) 453-3956 May 7, 1999 Mayor Shirley McAlary and Members of Common Council City of Saint John P.Q. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor McAlary and Members of Council: Recently, it has come to my attention that some residents of the Gault Road are able to enjoy the benefits of a sidewalk. This is very much appreciated. At the end of Gault Road, nearest to South Bay where the street is quite curved and twisty, as well as narrow, it would enhance safety for local children greatly if a sidewalk could be constructed. I realize your Capital program may be complete for this year, but I request that consideration to sidewalk construction in your area be given in the near future. Sincerely yours, t Jane Barry, MLA Saint John Lancaster cc: Terry Totten, City Manager Mr. & Mrs. Ed Durden 515 Gault Road Saint John, NB E2M 5J9 AIAY I ;i� 1999 � M OF Z 1 Mayor and Council, Please find enclosed a list of projects that will greatly benefit our community,everything you see has been donated. I must tell you it '] has been a great pleasure to work with Parks &Recreation yin �..� particular Mr. Morrison,Mrs. Fitzpatrick and staffthe Works Dept.Mr. Galbraith and Mr. Groody ,City Police and the Firefighters union. The institutions, companies,schools and individuals have been very dedicated to Greater Saint John,some of these projects have been worked on since September)l am now working on a plan to have all schools [64 ]in our community with similar projects for next year. I hope you can. attend as many projects as possible, please contact the principals or managers for times. Sincerely, /j 3/-_6 $ arry Ogden Communities in Bloom education co- ordinator NAY 10 1999 CMTCW Schools, Marigolds, Trees and the Community (Contact persons, Telephone numbers on maps) 1. April -Spruce Trees on Mill Street (across from Harbour Station) 160 1 -2 foot spruce trees (by grade 9 students S.J.H.S.) completed April 1999. 2. April - Spruce seedlings on Crown Street (near Railroad tracks) 1,000 seedlings planted (by grade 10 S.J.H.S. students). Completed April 1999, 3. April - Spruce trees off of City Road, along the embankment (grade 9 students S.J.H.S.) completed April 1999 (85 trees), 4. April - Spruce and Jack Pine 1,200 seedlings along the embankment between Hilyard Street and the Harbour Bridge, also 300 seedlings at bottom of Railway embankment on Hilyard Street. (students of SJHS) . 5 May 3rd - Linden Trees along Thorne Avenue near old Canadian Tire Store by nine high schools. Co -op Education Program. Belleisle, St. Malachys, Hampton, Kennebecasis Valley, Saint John High, Harbour View, St. Vincents, Rothesay, Simonds. Sponsored by Brunswick Trees, prepared by Park and Recreation. 6. May 23 - Trojans Rugby club - marigold 97 den and clean up corner of Main and ChesIa uy�. f �s . Y' 7 May 27 - Mountain Ash Trees across from Bayside school along Bayside Drive, Sponsors Canada Trust - "Friends of the Environment ", Maritime Sod, Halifax Seed, Works Dept. and Parks and Recreation.(C.N. Rail has agreed to take down rusted street fence. A cedar hedge will be planted where it has been taken down. 8. May 28 - Glen Falls School - 6,000 marigolds on Rothesay Avenue near the City Works garage: sponsors - Bonner Dental Clinic, Halifax Seed, Works Dept. prepared by Parks and Recreation. 9. May 29 - Animal Rescue league marigold garden on Paradise Row and St. Pauls Church is also planting Marigolds on its property, 10. St. Joseph's Hospital Tree planting on top of Hill near the parking lot. 11. Harbour Bridge Authority planting trees on grassed ramps. 12. May 31St - Forest Hills Elementary School marigold garden (2,500 and 6 -3 foot spruce trees) on corner of McAllister Drive and Golden Grove Road. Sponsors Maritime Sod, Exhibition Association and Halifax Seed. 13. June 2 - Hazen White /St. Francis School planting 1,000 marigolds around the Veterans Monument on Somerset Street. Sponsor Portland Legion prepared by Parks and Recreation. 14. June 4 - Prince Charles School - marigold gardens - on traffic island at Crown and Union and garden on opposite corner. (7,000 marigolds and 4 -3 foot spruce trees) Sponsors: Flood Construction, Works Dept., Halifax Seed, Prepared by Parks & Recreation - B.B.Q. by Times Globe Staff, 15. June 7th - Lakefield Elementary marigolds garden of K.V. library (1,000 marigolds) Sponsors: Halifax Seed and Town of Quispamsis . 16. June 7" - Centre Samuel de Champlain school planting 1000 marigold garden and Spruce trees, Corner of Boars Head Road and Ragged Point 1,000 marigold garden, Sponsors: Halifax Seed, Maritime Sod, Centre Communautaire Samuel de Champlain, 17. June 9th - Marigolds on Main Street and Mural on Main Street - Centennial School, Princess Elizabeth School, and Holy Trinity School are planting 30,000 (yes that's 30,000) Marigolds on Main Street Sponsors: Peacocks, Halifax Seed, Parks and Recreation, Xerox, McDonalds (and Friends of Marigolds on Main Street, Scotia Bank, City Police) - Canada Immigration and Employment Union & H.R.D.C. planting marigolds on L >B.R. property (planters parking lot). 18. June 91h - Fountain on Main Street - Hickey Brothers, Halifax Seed, City of Saint John, Saint John Energy, 1b'0---,,� CueA,1I 19. June 9th - Mural on Main Street - T.S. Simms and Pittsburgh Paints is sponsoring a marigold mural by 10 high schools - Samuel de Champlain, Rothesay High, Kennebecosis Valley, Saint John High, Saint Malachys, St. Vincents, Harbour View, Simonds, Hampton High, Belleisle Regional High. 20.June 91h - Lorne Middle School - Planting 2 gardens at corner of Hilyard Street and Chesley Drive, Sponsors: School Parent Advisory Committee. 21. June 101h - M. Gerald Teed School - 7,000 marigolds on a garden in the center of University Avenue near corner of Millidge Avenue. Sponsors: Tim Hortons, Wendys, Parks ,& Rec. - works dept. 22.June 14th - island View School planting 4,000 marigolds at junction of Manawagonish Road and Fairville Blvd (Golden Mile). Sponsors: SuperValue, Halifax Seed prepared by Parks and Recreation - works dept. 23.June 16th - Grand Bay Elementary - planted in Town of Grand Bay, Sponsors: Halifax seed, Town of Grand Bay, 24.June 17th - Rothesay Elementary - Planted in Town of Rothesay, Sponsors: Halifax Seed, Town of Rothesay. 25.Fundy Gardeners -6wild rose gardens along the 4 -lane highway (Quispamsis, Rothesay, Saint John 2 gardens, Grand Bay- Westfield, Hampton) . C1Y� c 26.Ultramar Clean up Rothesay Avenue, Soil, Seeded . 27.June - Flower Beds by Wilburs Corner of Chesley Drive and Douglas Avenue, 28.June - Flower Beds by Wilburs City road and Haymarket Square 29.June 15th- Boys & Girls club garden & trees on Crown Street sponsor: Saint John Firefighters union. 3 Aff(j Ro a / tj e 0 VA Fes! I F kea,=� e�:� a,� '! riilr�iil�uiiuuilii�l `ili)IJICiIIIiilillillllllT!Cl VI tA A cr Fes! 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I d �- v� 13 1 a IL 3 0 � � �• h VI d �- v� 13 s o �[ 11 1 t N it o .b .5 C� j v C. 4� W 3 ` V o� V) C a y� Z5 /y �% O O t � o � b i ► 0 ! Ad J4 Ab v / rI �V •� i ✓ "L C b 4A c — _ v 1 5 } �t '4 4 �L— 4 se "L C b 4A c — _ v 1 5 } �t '4 4 ,1 t 5 "L C b 4A c — _ v Y, � I v f � � � f �i n c Li a r h s d 3 0 V 0 1 r i r ` : i A O °c4 r ci c d 3 Y, � I v f � � � f �i n c Li a r h s d 3 0 V 0 1 r i r ` : i �Vt !1 a e n°u 'k - 1IsI 1 � 3 t l� � 3 17 t L Al ll C _ � o v � 3 3 V vi JZ �. 4. -9S r vvi t G. ,i 1 � �. 4. -9S r vvi t G. ,i �.� c{ irwr`I r.. eA i 14 I i J E f i �I a� vj a d V, • v r ' 1 C _r V vi �LY 4 V QJ Y V 1� f-4d1� 0 a e, ow 0 t qj Z5,. ` ! 4.1 Z\AIZ � c r� I � 1 L� V 1� f-4d1� 0 Z5,. ` ! 4.1 Z\AIZ I � 1 L� V 1� f-4d1� 0 G, a `� o . _ c � 5 �4j r O A c7 p ill �v E a � O dhZ,d� FOVM- i I 1 C• � C R a V � ?- -�. CJ n �o° Y N rV N v p t C-2 (� *� Vl lit r� a IR31 t eta � m ..2-% L O I� I y � i L IL V) s 3 0 a �� Z Z s 199fAAl Fc-t� cis r7.1 .� C�/u� S ll i►► Si J /� J2-- ItoS �r� g U /'eSe ar n lil'i "s CP ret , N/ <,,--eccSy- �'f f n G fr� W�Sf �,— -4p- a sy- 16— 1 r`&A o�, � 4 Wet 1'� �- ro a co zk f y u SO SS ctPnQlS __ i- ffltf 114 WAS PS I ( V i p So 4• IJ n 06 46 n, p fa-,A - -Ir ent ke -(,k2 ti k6.110- r��9 4 W 7 r low- �j Lw� SJ,, S 1�g ow /%- R HW1 �„ 4 � � ��' C L V V I� Z � 22- CIA 1 May 11, 1999 Mayor and Common. Council City of Saint John PO Box 1971. Saint John, N.B. E2L 4f,1 Dear Mayor and Common Council, 949 Duck Cove Lane, Saint John, NB E2M 3G5 Tel: 672 -9424 • Fax: 636 -5190 The Celebrate. Canada Committee has been holding meetings. to plan celebrations. for the year 1999. We hereby request the City of Saint John recognize this Committee as the official. Co- Ordinating Committee for Canada Celebrations. for Saint John. Our intent. is to put together an all encompassing event which will appeal to all age groups beginning with an Ecumenical . Service at Market Square followed by the small parade and Official. Flag Raising Ceremony. A Co- O.rdinating. Committee is needed. so that all planned celebrations contacting. City Ijall will be referred to the same source to avoid duplication of events , ensure that official functions. are put, before city officials front one source, to. ensure that all events are placed in the same official program, etc. If Council approves this request it is our hope that they will support us financially in planning our celebrations. On behalf of the Committee, I am requesting that the City of Saint John. contribute funds to cove the costs involved-with the planned official flag. raising ceremony (approximately $1,000). As it is expedite the planning of this event,- the Committee. would appreciate a. reply as quickly as possible. Since ly~ze`4 °'s .,Aa,w A� ;V Gerry M MAY 2 1999 Chairman Chairman: Gerry Mabey, Secretary- Treasurer: Leslie Keirstead, Bernie Cormier, Ceci FIanagan, Debbie Johansen, Paula Harris, Darlene Lamey, Rev. David Nicholson, Pat Pelley, Shelley Poirier 21 -3 jL ;y "'y . A ) 19Y A e-, Lorc�s F ,t YPI ez, L cr C I j )L' c CT 4 el Y ul, q (t C^' T Lj 6 iA I Lx�", ex yvt Lo LL Y. y , ,�. AAY 1"9 cirlop c ZV May 10, 1999 Cornelius Bean's Cafe 68 King Street Saint John, NB E2L 1 G4 Dear Mayor Shirley McAlary and Council: Attached, please find a sketch of our proposed seating arrangement for outdoor dining in front of our store at 68 King Street. This letter will serve as a formal application to assist us with our business venture. We are very encouraged with the support we have received to date and look forward to a great business partnership here in Saint John. Yours truly, r v Carrie Murray and Steve Robart Co- Owners fty 18 IM 0671VOP VVIW-W, � /+� t 7� -f-0 Y- -55-) Vlp /SPQ b, A r our U�ei 1/e :5 hcC� a n 605t CIS a 5 6-� a�ftd v4l �� : [ �inGGlUSe4n S c' r Lu�r� QI P r i gas, _ _' s iol Z;..7 '1.iay 12, 1999 Mayor and Council of Saint John Re: B H -D.ING PJFR.Wf DENIAL OF HOWARD AND CATHERINE SHERNIAN OF 115 ITUXTABLE STREET, LAKEATOOD HEIGI -ITS The permit was flatly denied, reasons stating a sewer line had to be installed. This line would be 525 feet of which 225 feet is in bedrock. This results in a low bare minimum of $20,000.00 dollars, a cost which I simply cannot afford. I am however, approved by the Board of Health for an on -site septic bed, which I can afford at a maximum cost of '4000.00 dollars. Because the lot is 420 feet long, fronting Iiuxtable Street, it hinders access to backing properties for future developement. Please keep in mind that these properties ae each 80 feet wide and are owned by different homeowners, making purchasing difficult at the best of negotiations. I am certainly willing to "dead space" an area 175 feet at the lower end of our property near Lakewood Avenue. In return by allowing building permit to commence immediately with septic field or by service line that the City could supply. To my knowledge no one in Lakewood Heights had to be responsible for ins ".alling a 525 foul: sewer line or perhaps in the whole of the city. Neighbors in the area are pleased to have someone finalh, residing can Huxtable Street as to alleviate fears of fire, thefts, gatherings of crowds and other undesirable activities. I continually pick up liquor bottles, coffee cups, cigarette packages , used condoms and other litter on a weekly schedule from Hivdable Street. I certainly cannot stop it entirely, but it certainly deters undesirables from lingering. Howard and Catherine Sherman . ��Vo MAY 1[ 4 yM cnm cry ftwpr REPORT TO COMMON COUNCIL �q� OPEN SESSION M &C -99 -162 May 17, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Agreement 177 -187 Manners Sutton Road BACKGROUND: W City of Saint Jobn At the Public Hearing there was extensive discussion on the need for upgrading of the Bullock Street Lift Station. The applicant, Mr. Sandy Robertson, made it clear during his presentation that he did not wish to cost share in the upgrading or replacement of this lift station. ANALYSIS: It is anticipated that the Bullock Street lift station will have to be replaced and the developer would contribute to the cost of this replacement. The City would, in situations such as this, assume the major portion of the cost. The age of the existing facility and the number of residents served would have suggested that the developer would have been required to assume a small share of the total cost. Within this context, the authority to require this type of cost sharing needed to be confirmed. With the assistance of the City Solicitor it has been concluded the Community Planning Act does not provide for this type developer contribution to replacement of an existing lift station as part of the subdivision approval process. The City may have to assume the full cost of the upgrade or replacement of the Bullock Street lift station. Report to Common Council Page 2 May 17, 1999 1. Strategic PIan Conformity /Existing City Policy It is the goal of the City to encourage development, while still protecting the interests of the general public. 2. In ut from Other Sources The City Solicitor have reviewed this report. Financial Implications The replacement of the Bullock Street lift station is anticipated to cost over $100,000 that is not included in the Capital Budget. RECONUWENDATION: This report be received and filed. 5a)'y submitted, Jim R. Baird, MCIP Manager, Community Planning ?JClaucdle MacKinnon, P.Eng.,- Terrence Totten, C.A. City Manager Services