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1999-06-28_Agenda Packet--Dossier de l'ordre du jourm2gammo COMMON COUNCIL - as at June 25, '1999. 1. Meeting called to order, 7:00 p.m., Monday, June 28, 1999 - prayer. 2. Approval of minutes (June 14, 1999). WHOM: 3, 7:00 p.m. (a) Proposed Municipal Plan amendment to redesignate on Schedule 2-A and Section 2.4.6.28 a parcel of land located at 2690 Loch Lomond Road, from Low Density Residential to District Centre Commercial classification as an Approved Commercial Development, to allow the continued use of the subject property as a car sales lot, as requested by Victor Train. (b) Proposed Zoning By-law amendment to re-zone the same parcel of land from "RR" One Family Rural Residential to "B-2" General Business classification. (c) Report from Planning Advisory Committee re proposed amendment. 4. 7:00 p.m, (a) Proposed Zoning By-law amendment to re-zone a parcel of land located at 130 Dorothea Drive, from "R-1 B" One Family Residential to "RM-1 " Three Storey Multiple Residential classification, to establish a rooming house for up to six students in the basement of the dwelling, as requested by James and Phyllis Crilley. (b) Report from Planning Advisory Committee re proposed amendment. (c) Letters and petition in opposition to proposed amendment. 5. 7:00 p.m. (a) Proposed Zoning By-law amendment to add "special zones" SZ#2" and to re-zone a parcel of land located at 319-321 City Road, being the Haymarket Square Plaza, from "B-2" General Business to "SZ42" Special Zone #2 classification, to permit a licensed lounge, as requested by Crowe's Place Ltd. (b) Report from Planning Advisory Committee re proposed amendment. (c) Petition from local property own e rs1res !dents in opposition to proposed amendment, 6. 7:00 p.m. (a) Proposed Zoning By-law amendment to re-zone a parcel of land located at 27 Paradise Row, from "RM-1 " Three Storey Multiple Residential to "B-2" General Business classification, to permit the development of a building containing office uses and apartments, as requested by Corporation 1906 Inc. (b) Report from Planning Advisory Committee re proposed amendment. 7. 7:00 p.m. (a) Proposed Zoning By-law amendment to re-zone a parcel of land located at 525 McAllister Drive, from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, to permit the development of a municipal works depot for East Saint John, as requested by the City of Saint John. (b) Report from Planning Advisory Committee re proposed amendment, *7C. Re settlement of proceedings with Keith Langford. Page Two. COMMON COUNCIL AGENDA - as at June 25,199!3 DELEGATIONS & 8:00 P.m.- Presentation by Pat MacPherson re Loyalist Lady. 9. 8:15 p.m. -Presentation on behalf of Champlain Heights Home & School Association re Community Playground Project. 10. 8:30 p.m. - Presentation by Marlene Charlton re condition and use of property at 600 Rothesay Avenue and on Tim Street. 11. Mayors remarks. COUNCIL MEMBERS 12. Re property on Victoria Street (Councillor Court). 13. Re accessibility to City streets and buildings (Councillor Titus), CITY MANAGER 14. Recommended Section 39 conditions re re-zoning of 1151 Golden Grove Road (see also items # 35 & 42). 15. Report re tender for Fire Department uniforms. 16. Report re tender for sand, gravel and aggregates. 17. Report re tender for roof replacement - Fire Station #1, 45 Leinster Street, and Municipal Operations Complex, 175 Rothesay Avenue. 18. Report re tender for Contract 99-4, crack sealing 1999. 19, Report re tender for Contract 99-17, curb and sidewalk construction. 20. Status report - 1999 Capital Programs. 21. Re Kennebecasis Rowing Club's request for funding from L.R. Ross Trust. 22. Re Tucker Park. 23. Re enhancement of Fort Howe Blockhouse. 24. Re available canteen concessions. *25. Re lease of Stall Nos. 8 - 9, Saint John City Market, to Boy's Own Inc. (WITHDRAWN) 26. Re lease of Stall No. 15, Saint John City Market, to Sagrati's. 27. Re petition from residents of Gerard Street/Parkhill Drive/Byron Street about water problems. 28. Re request for installation of services, Lloyd Street. 29. Re request for permission to place fill material at 34 McKay Street. 30. Re requested improvements to Gregory Lane. 30A. Re designation of Building Inspector for enforcement proceedings re 303 Milford Road, 2243 Loch Lomond Road, 2494 Loch Lomond Road, 233 Lancaster Street, 30B. Re Loyalist Days Inc. request for financial assistance. 30C. Proposed amendment to May 25, 1999 Council resolution re sale of Old General Hospital site. CITY SOLICITOR 31. Third reading of City Market By-law amendment re July 1, 1999 opening (1st & 2nd readings given June 14, 1999). 32. Proposed Traffic By-law amendment re parking on Candlewood Lane (11 st & 2nd readings given June 14, 1999 - see also item #52). 33. Proposed Traffic By-law amendment re parking on Union Street (1st & 2nd readings given June 14, 1999). Page Three. COMMON COUNCIL AGENDA - as at June 25,1999. COMMON CLERK 34. Re application of Thomas Construction Limited for Municipal Plan amendment and re-zoning of 812 Grandview Avenue (public presentation made Tuesday, May 25, 1999). 35. Third reading of proposed Zoning By-law amendment to re-zone property at 1151 Golden Grove Road, and imposing of conditions pursuant to Section 39 of the Community Planning Act (1st & 2nd readings given June 14, 1999). 36. Third reading of proposed Street Closing By-law amendment re Whipple Street (1st & 2nd readings given June 14, 1999). COMMITTEES 37. Committee of the Whole report (Thursday, June 17, 1999) - (1) appointment to Fundy Region Solid Waste Commission; (2) re proposal call for sale of property on Angus Court and Latimore Lake Road; (3) re proposed subdivision and sale of property on Osborne Avenue; (4) re offer to purchase Lot 98-2, Golden Grove Road. 38. Planning Advisory Committee re creation of lot for NBTel cellular tower, 1035 Hillcrest Road. 39. Saint John Parking Commission re proposal to install parking meters on Charlotte Street. 40. Recreation & Parks Advisory Board re school streetscape projects. GENERAL 41. Letter from Minister of Industry re establishment of national shipbuilding policy. 42. Letters in opposition to re-zoning of 1151 Golden Grove Road. 43. Letter from Carl K. Collins re condition of property at 941 Golden Grove Road. 44, Letter from Eric L. Teed re tourist information service. 45. Letters re condition of sidewalks in Greenhead Road area. 46. Letters from Jane Barry re (a) sidewalks on Fundy Drive; (b) property on Milford Road; (c) unsightly premises, Mary's Place, Dominion Park beach area; (d) fill required in Bardsley Avenue area near Seaside Park. 47. Letter from Garry Prosser re authority of Planning Advisory Committee to grant temporary use. 48. Request of Merchant Navy Veterans' Association for financial assistance for National Annual General Meeting. 49. Letter from Doug Shippee re assistance for participation in Hot Air Balloon World Championship. 50, Letter from University of New Brunswick re City of Saint John Award recipient. 51. Letter from Lorneville Community & Recreation Association Inc. re funding for two community projects. 52. Letter from Property Maintenance Ltd. re parking on Candlewood Lane. 53. Request on behalf of Pam's Place to operate barbecue on sidewalk in front of 179 Prince William Street during Loyalist Heritage Festival. IEM= 55. Re Local 771 grievance - Lieutenant Chenier (City Manager). 56. Re Mark Drive by-pass road (City Manager). 57. Re Red Rose Tea and Drury Lane parking lot sites (City Manager). 58. City Manager's update. 59. Mayor's update. LEGAL SESSION 60. Re Keith Langford v City of Saint John et a] (City Solicitor). 61. Documentation re above matter (Mayor McAlary). PROFOSED 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, June 28, 1999 at 7:00 p.m., by: Re-zoning a parcel of land located at 130 Dorothea Drive, having an area of approximately 650 square metres (7,000 square feet), also identified as being NBG1C #00321539, from "R-113" One Family Residential to "RM-1" Three Storey Multiple Residential. REASON FOR CHANGE: To establish a rooming house for up to six (6) students in the basement of the dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2842 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG =Saint John Times Globe; T -J= Telegraph Journal) SJTG City Information Ad Date(s): Tuesday, June 1, 1999 Tuesday, June 22, 1999 - SJTG Independent Placement Date(s): - SJTG Classifieds Date(s): - T -J Independent Placement Date(s): T -J Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) 99 urrice or the Mary L. Munford P.O. Box 1971 506 658-2862 Common Clerk Common Clerk Saint John New Brunswick Canada E21, 4LI MMIMUM 11=0 Z James & Phyllis CrIlley 130 Dorothea Drive Saint John, NB E2J 3J3 Dear Sir/Madam: At a meeting of the Common Council, held on the 10th instant, the following resolution was adopted, namely:- OUR " RESOLVED that the application of James and Phyllis Crilley for the re- zoning of property at 130 Dorothea Drive 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 Monday, June 28, 1999, at 7.00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. (Munford Common Clerk MLM:sc Enc (1) City of Saint John 111 1 Applicant Related Information Name of Applicant e S - __f 1/0 Mailing Address of Applicant V 0 1 1 -L L- - LC -,, -/Z 4' 1 b Postal Code4-.. Telephone Number Home Business- Fax Number (if any) Name of Property owner (if different) Mailing, Address of Owner Postal Code Property Information Amendment Requested Present ZonLng- dr/Chanae Zoning, to and/or D Text Amendment (indicate particulars) ke W � PIM, M �rf � cS (W �-) c �V/ lqk,, d B 6cc _._._. -,,. .... ,� ;i - __ _ _ - - -. ___ �� �_� �,� � �� r 1 _. , t a 1 \ A F-A W-1viva CON-11 "kV k oil Ion MON I 10 M:Y RPWffiR%fflFMffi_ A Wirly, 161211111flMN I WMRTM! 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 130 Dorothea Drive, having an area of approximately 650 square metres (7,000 square feet) (being NBGIC Number 00321539) from "R-1 B" One Family Residential to "RM-1 " Three Storey Multiple Residential classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of * A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk M"ORM9� From: Pollock, Randy Sent: Tuesday, May 04, 1999 2:56 PM To, Munford, Mary Cc: Baird, Jim Subject: REZONING APPL- JAMES & PHYLLIS CRILLEY, 130 DOROTHEA DR When I brought this application down to you yesterday, I included a post-it note indicating that the applicant requested a public hearing date of July 5, 1999. 1 am now aware that there will be no Council meeting on that date. The applicant will be back in time for the now-scheduled June 22 PAC and Council's meeting on June 28, 1999. She has requested that date (June 28, 1999) for the public hearing. J ccA-k-ec- - 1 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, June 28, 1999 at 7:00 p.m., by: Re-zoning a parcel • land located at 130 Dorothea Drive, having an area of approximately 650 square metres (7,00■■ square feet), also identified as being NBGIC #00321539, from "R-1B" One Family Residential to "RM-1" Three Storey Multiple Residential, REASON FOR CHANGE: To establish a rooming house for up to six (6) students in the basement of the dwelling. WARkoreysT L I 1 1 1, io� 1 Adding the following to the list of zones in Section 30(1): special zones SZ#2" 2. Adding the following as Section 740(2): "(2) Special Zone #2 (SZ#2) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: bank or financial institution; - business office; - church, - community centre; - dwelling unit; - electric substation or telephone exchange; - funeral home; - hotel; - institutional residence; - institution of an educational, governmental or philanthropic nature; - public museum, library, park or playground; - personal service shop; - repair service shop; - subject to (b)(i), a redemption centre; restaurant, retail store; school; (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: amusement place, including a theatre, a concert hall, a billiard parlour, athletic or health club; club or lounge; WM subject to (b)(ii), a group care facility; gasoline bar; parking area; cablevision facility; a car sales lot or a mobile home or travel trailer sales lot; a motel; a private club, fraternity or lodge without a licence under the New Brunswick Liquor Control Act; a rooming house; an efficiency apartment; subject to (b)(iii), a repair garage or service station, a car wash and/or truck wash-, second-hand store; drive-in or take-out restaurant; a shop of less than 186 square metres for manufacturing of bakery, candy, jam, ice-cream or confectionery goods-, dyeing and cleaning works; a laundry; printing establishment or the manufacture or treatment of such products incidental to a retail business conducted on the premises; an office or parking area for a taxi business; (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Conditions of Use (i) a redemption centre shall be wholly contained within a building and not have any outdoor storage associated with the use. (ii) a group care facility shall not be located within a 300-metre radius from any other group care facility. (iii) a repair garage or service station shall have A. a minimum lot area of 930 square metres and a minimum lot width of 30 metres; B. an entrance or exit for motor vehicles not closer than 30 metres from an entrance or exit to a firehall, public or private school, playground, theatre, church, hospital, institutional residence or other similar institution; C. no portion of the building used for a dwelling unit; D. no fuel pump island located closer than 6 metres to a street line. (c) Zone Standards Standards for development in Special Zone #2 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a T-2" zone, a "B" zone, or a business zone, as the case may be." 3. Deleting Section 520(2)(b)(ii). 4. Re-zoning a parcel of land located at 319-321 City Road, being the Haymarket Square Plaza, having an area of approximately 6800 square metres (1.7 acres), also identified as being NBGIC # 24059 and 20289, from "13-2" to "SZ #211 Special Zone #2. -3- Re-zoning a parcel of land located at 27 Paradise Row, having an area of approximately 7200 square metres (1.8 acres), also identified as being N8GIC #55143077, from "RM-1" Three Storey Multiple Residential to "B-2" General Business, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of a building containing office uses and apartments. 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. Planning Advisory Committee June 24, 1999 Your Worship and Councillors:. P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada F2L 41.1 SUBJECT: Proposed Rezoning City of Saint Jahn 130 Dorothea Drive On May 10, 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 June 22, 1999 meeting. The applicant, Mrs. Phyllis Crilley, appeared before the Committee and expressed objection to the staff recommendation. The property owner indicated that room and board for up to six individuals has occurred in the past (one of these individuals is a family member). Staff explained the that Zoning By -law permits up to two boarders (non - family members) to reside with a family in the "R -IB" One Family Residential. The proposal is substantially more than permitted in the area.. There were presentations made by two area residents expressing objection to the proposal. A number of letters from other area residents has also been received in objection to this application. After considering the matter, the Committee resolved to recommend denial of this application. That this application be denied. Respectfully submitted, G. A. (Sandy) Roberts Vice - Chairman MO/ Attachments Community Jim Baird MCIP P.O. Box 1971 500 658-2835 Planning Manager Saint John 506 658-2837 (Fax) New Brunswick Canada E2L 4L1 DATE: TO: FROM: FOR: Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Type of Application: JUNE 18, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF JUNE 22, 1999 Mark O'Hearn Planning Officer James and Phyllis Crilley James and Phyllis Crilley 130 Dorothea Drive 00321539 Low Density Residential Existing: "R -1B" One Family Residential W=4 ; Proposed, "RM- I" Three Storey Multiple Residential To establish a rooming house for up to six (6) students in the basement of a dwelling. Rezoning and Conditional Use City of Saint John James and Phyllis Crilley Page 2 130 Dorothea Drive June 18, 1999 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the City of Saint John Zoning By-law. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, June 28, 1999. In addition, the Zoning By-law authorizes the Planning Advisory Committee to impose terms and conditions on the establishment and operation of a rooming house in the "RM-F Three Storey Multiple Residential zone. 16 That this application be denied. Engineering has no objection to this application provided adequate off-street parking can be provided for the combined use of the subject property. Building and Technical Services has indicated that the following requirements are necessary in order to convert the basement into a rooming house. There may be other requirements imposed when a building permit application is submitted for approval. All work must be completed in accordance with the 1995 edition of the National Building Code of Canada. All bedrooms require a window with an unobstructed opening of not less than 0.35 square metres (543 square inches) in area and with no dimension less than 380 millimetres (15 inches). Of the six bedrooms proposed, four of them presently do not have windows. All bedrooms require a floor area of at least 5.6 square metres (60 square feet). One of the bedrooms presently does not meet this requirement. Given the small areas of the proposed bedrooms, only one person will be permitted to occupy a room. All bedrooms require a ceiling height of 2.1 metres (6.9 feet) over the total floor area, or 2.3 metres (7.5 feet) over at least half of the floor area, James and Phyllis Crilley 130 Dorothea Drive Page 3 June 18, 1999 IN All units must be identified by a number or letter posted on the door to the unit. ® The furnace room must be separated from the remainder of the floor area with a one -hour fire resistance rating. ® Each bedroom must be protected by a smoke alarm, either inside the bedroom, or if outside, within 5 metres (16 feet) of the bedroom door given that the distance from any point on a floor level to a smoke alarm on the same level does not exceed 15 metres (49 feet). A second exit must be provided from the basement. Currently, the only exit from the basement is upstairs to an exterior door that is shared with the main floor. The two storeys must be separated by a 45- minute fire separation. A rated door with closer will be required at either the top or bottom of the stairs. There is wood panelling in one of the bedrooms. It must be removed and replaced with a material consisting of a flame- spread rating not less than 150 minutes (sheetrock meets this requirement). Fire Department has indicated that an AC /DC fire alarm system., emergency lighting, exit lights, and AC powered smoke alarms will be required in each sleeping unit with proper windows. All these items must be in place prior to the commencement of the proposed rooming house. The property owner can discuss this matter further should rezoning be approved. NBCC — Saint John Campus supports the application provided the neighbourhood does not object to the proposed rooming house, and that it can be properly established in the basement of the existing dwelling. ANALYSIS: Subject PropeEly and Neighbourhood The subject property is near the intersection of Dorothea Drive and Swanton Street in Champlain Heights (see attachments). A small bungalow is situated on the property with a small shed in the rear yard. A gravel driveway runs along the northside of the dwelling. James and Phyllis Crilley 1313 Dorothea Drive Page 4 June 18, 1999 The neighbourhood consists of a number of one - family bungalows on mature landscaped lots. Many of the surrounding dwellings appear to be slightly larger in ground floor area than the dwelling on the subject property. There are two adjacent residences to the rear of the subject property, and a municipal park is further to the west (between 69 -87 Robar Court). Proposal The landowners of the subject property, James and Phyllis Crilley, are seeking permission to establish a rooming house in the basement of their dwelling for up to six (6) students. It should be noted that initially their application only requested four (4) bedrooms associated with the rooming house, although the diagram illustrated a total of six. Given the potential to accommodate up to six students, this application has been considered for a maximum of six boarders. Permission by the property owner (James Crilley) was received, Municipal Development Plan and Rezoning Request The Municipal Development Plan has designated the area as Low Density Residential. In order to permit a rooming house subject property must be rezoned from "R -1B" One Family Residential to "RM -1" Three Storey Multiple Residential. The "RM -1" zone permits, as a conditional use, a rooming house for up to a maximum of fifteen (15) persons. The Zoning By -law requires a minimum of three (3) off - street parking spaces for the proposed six - bedroom rooming house. A total of four (4) parking spaces must be provided for the combined use of the dwelling (main floor) and the rooming house (basement), The existing gravel driveway has sufficient depth to accommodate the parking of four vehicles. There appears to be sufficient width to park two vehicles side -by -side. However, whether vehicles park in a single row or in two rows, such arrangements are inconvenient and often result in on- street parking on a regular basis. This would be disruptive to the surrounding neighbourhood where limited on- street parking appears to be occurring. Several residents have indicated that on- street parking of student vehicles may already be occurring. The proposal would likely result in an increase. James and Phyllis Crilley 130 Dorothea Drive Page 5 June 18, 1999 Rooming houses are appropriate uses in higher density areas. The City Centre area, for example, contains rooming houses in the context of multi-storey tenement structures over or near businesses. The inclusion of a rooming house is not consistent with the surrounding one-family neighbourhood. There has been an appreciable amount of concern raised by area residents. Concerns regarding increased on-street parking and noise, lower property values, and a departure from the established orientation of the neighbourhood have been mentioned. Approval of the requested rezoning cannot be recommended. Provision for Boarders While residents are opposed to the establishment of a rooming house, many neighbours have accepted the inclusion of boarders as being part of the neighbourhood context. The Zoning By-law permits in any residential area, including areas only zoned for one-family, up to two (2) boarders in addition to family members. Given the proximity to the Community College, families within Champlain Heights have provided lodging for students for many years. For clarification, such situations cannot result in separate dwelling units for the students (i.e., basement apartments), but the students must reside with the family. In the case when there is not a traditional family occupying the dwelling, up to a maximum of five (5) unrelated persons (students) may reside in the home as a single housekeeping unit. This proposal involves an increase of boarders beyond what is permitted accepted by the local community. While Section 39 conditions could be limiting the number of boarders, there is concern that such approval could result in further applications, especially since the subject property possesses many similarities with other residential properties in Champlain Heights (i.e., lot area, building size, available off-street parking). The landowners are seeking permission to establish a rooming house for up to six students in the basement of their bungalow. In order to establish the rooming house the subject property must be rezoned from "R-IB" One Family Residential to "RM-l" Three Storey Multiple Residential. James and Phyllis Crilley 130 Dorothea Drive Page 6 June 18, 1999 The surrounding area consists of one-family dwellings. The proposal is not consistent with the context of the neighbourhood, and cannot be recommended for approval. fSV�D 2 8 c oo 'o -, 145 1 O� Subject Site: Address: 130 Dorothea Drive Map Dumber: 06P -19N'W Date: May 11, 1999 Scale: N.T.S. 47 44 ZZ- Cc's o 51 00 53 b 5 5 4B 57 5❑ 27 21 p1 137 63 NBGIC Number (s): 00321539 1B 72 ^ � � rU~,r"-^-��--- � � t a� � f O r # j r V 1 S J a° - ------------- 1— i d f ° 0 Ike It 3� a AS 06/16/99 08.05 V1 506 658 6792 NBCC SAINT JOHN 'A C B Saint John Saint John put TO: Mark O'Heam ,Community Planning City of Saint John Fax # 658-2837 FROM: Cheryl Robertson, Principal NBCC - Saintjohn DATE: June 15, .l RE: PROPOSED REZONING (REZONING HOUSE) 130 DOROTHEA DRIVE Thank you for including NBCC - Saint John on your list of contacts in your effort to solicit input re: the application of the Crilley farnily'for a rezoning of 130 Dorothea Drive. -Please accept the. College's brief response and orie day later than you requested, I apologize for the delay. Basically, the College would support this application providing the neighborhood supports it and if the proposed "rooming house... for up to six students" meets the minimum standard of the city. NBCC - Saint John trusts this response will be helpful to your process. Sincerely, New Brunswick Community College - Saint John ' College Communautaire du Nouveau-Brunswick - Saint John RO. Box 2270, Saint john, NB Canada E2L 3VI C. E 2270, Saint John NB Canada E2L 3VI n1cphone: (5o6) 65s-6600 .`r6bephonc : (506) 65&6600 Fax: (506) 65&6792 T616copieur: (506) 658-6792 htq)://www.saintjohn.nbccnbca It 002/002 #'--7 Jim and Myrna Given 129 Dorothea Drive Saint John, NB E2J 3H9 June 141 1999 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Sir/madam: Re: Proposed Rezoning ® 130 Dorothea Drive My husband and I purchased our house situate at 129 Dorothea Drive on May 26, 1999. We chose this location believing it to be a quiet "single family - residential" neighbourhood. Simply stated, we object to the request for rezoning for various reasons, including the potential for decreasing property values, and, as this is a single family neighbourhood, we feel it should remain that way for the common good of the community. Respectfully submitted, am es es Given Myrna Given 6 999 JUN 1 H K- ell Barry and Dianne Bonner 115 Dorothea Drive V Saint John, N.B. E2J 3H9 June 13, 1999 Mr.Mark O'Hearn Planning Officer P.C.Q. Box 1971 Saint John, I.B. E2L 4L1 We are writing in response to a letter received on May 21,1999, regarding the proposed rezoning of 130 Dorothea give. This rezoning would enable a rooming house to exist on the property of 130 Dorothea Drive.We are opposed to the rezoning for 4 main reasons; 1. It would disrupt a quiet, peaceful , family oriented neighborhood. 2. It would increase traffic flow and therefore increase noise level on an otherwise low traffic street. 3. When students are not in school (and even when they are) it appears there are no restrictions on who can be renting the rooms, and this is a big concern. 4. Rooming houses (historically) tend to attract people who have undesireable habits. This is not conducive to maintaining a desireable neighborhood for young families. In closing, we feel very strongly that the request for rezoning at 130 Dorothea Drive should be refused. Thank you for this opportunity to state our views on this topic. Planning Advisory Committee City of Saint John P 0 Box 1971 Saint John NB E2L 41-1 I want to thank you for inviting me to express my views on the rezoning application from R I B One family residential to RM-1 Three Story Multiple Residential. MY address is 17 Swanton St, which is at the corner of Dorothea Drive and Swanton St, Simply Put, I am against the rezoning. However I am not against any household in Champlain Heights taking in boarders, as this is a great help to the students at the community college. I believe that boarders should be able to be accommodated without the requirement to rezone. If the Primary concern is parking, simply tell the boarders that there is no parking available and they will have to make other arrangements. I do not plan to attend the meeting on June 22, 1999, as I do not feel I have any additional comments to offer. Thank you. JUN 1999 M� r`�' 4,�Y�y. � ,�..� t __ 'J�, G'�' =�-�i .�����j� / � CEO � �� ���� .� �� June 4, 1999 Planning Advisory Conunittee P.O. Box 1971 Saint John, N. B. E2L 4L I Re: Proposed Rezoning 130 Dorothea Drive from R-IB to RM-1 Dear Sir/Madam, Please be advised that I arn not in favor of changing the zoning from "R-IB" One Family Residential to "RM-1" Three Storey Multiple Residential. I do not have any objections to Mr. & Mrs. Crilley providing rooms for students. I am concerned with the possibility and opportunity , for home owners or speculators, to turn single dwelling homes into three storey rooming houses, with the capacity to hold up to 15 boarders. I think that this type of development would have a negative impact on our neighborhood. Sincerely, David Bursey 110 Dorothea Drive Saint John, N.B. k �Aj m June 15, 1999 The Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John NB E21, 4L I Members of the Committee: WIN JUN 17 19 9� A 11 6> I would like to take this opportunity to voice my vehement opposition to the rezoning request of the property owners at 130 Dorothea Drive. While I have no opposition to any of my neighbours boarding one or two students in their homes, the thought of what might happen to the property in question if it were to be rezoned causes me much anxiety. As well, I believe that housing 6 students in the basement of a house the size of the one at 130 Dorothea is inappropriate. The rooms would be very small and I'm sure that some would be windowless. This would seem dangerous to me in the event a fire ever broke out in the house. If the only escape for some of the tenants was through the stairway, there could easily be multiple deaths. There are no kitchen dining or proper study areas in the basement. If the Crilley's will be feeding these students from their own kitchen upstairs, where will they be expected to take their meals? There certainly isn't enough room in the Crilley's kitchen or dining room, and I don't believe it is right to expect them to carry their food to the basement to eat. I believe that there is a difference between providing a service to students by opening your home and taking advantage of students by cramming too many into too small a space. I feel that anyone who is willing to crowd 6 students into their basement would be only too willing to take advantage of the opportunity that rezoning would offer to drastically increase the number of people living in this dwelling. All of the homes in the surrounding area are single family bungalows or split-entry, single- family dwellings, and most, I believe, are owner occupied. While it may not be the Crilley's intention to renovate their property to a three-storey building, the property may not always remain in their hands. I do not like the idea of this property ever becoming a three-storey rooming house for up to 15 persons. Or, for that matter, of its becoming a non -owner occupied rooming house. There is already a rooming house at 64 Sherwood Drive, and while the six Chinese students living there are all quiet and cause no serious problems, the property (which when occupied by a single family was kept immaculately) is now deteriorating. The residents have commonly put out garbage on holiday Mondays which I have had to take in, rebag and hold for a week because it was blown or dragged by animals all over my front yard. I have had to hire a professional lawn care company this year because the owners of this rooming house have taken no care of their property, and the mass of weeds they call a lawn has overrun my yard to the point I am unable to clear them myself. In fact, the lawn has not been mowed yet this year (making the property look abandoned). This deteriorating property is only bringing down property values in the area. As the property at 130 Dorothea Drive is not in the best repair at present, I fear what might happen if it is rezoned and simply becomes a "cash cow" for the owners (present or future) and not simply their home. I have lived in the South End on Mecklenburg and Orange Streets, and I know what happens to rooming houses that are simply business propositions and not family homes. I have no wish for this to happen in a lovely residential neighbourhood like Champlain Heights. I moved to Champlain Heights from Highmeadow Park, where a number of non-owner occupied townhouses were left to fall into disrepair, and again, I know how this negatively impacts the rest of the community. If the property at 130 Dorothea Drive is rezoned, there will be nothing to stop its conversion from a 6 person to a 15 person boarding house at any time in the future. This would also open the door to the rezoning of any number of properties in Champlain Heights; how can you refuse anyone else after allowing the rezoning of this property in the middle of 'a residential neighbourhood of single-family dwellings? I do not want to live in the middle of a complex of NBCC residences. Please understand, I bear no malice toward the Crilleys and oppose their application not for any personal reason but rather to preserve the neighbourhood in its present (and hopefully improving) state. I strongly urge you to deny the request to rezone the property at 130 Dorothea Drive. Thank you. Respectfully, Anne Marie Stephen 66 Sherwood Drive Saint John, NB E2J 3H8 Community Planning May 21, 1999 Dear Sir/Madam: Jim Baird Mcip Manager BO. BOX x971 Saint John New Brunswick Re: Proposed Rezoning (Rooming � ��om 130 Dorothea Drive 506 658-2835 r (Fax) REC On May l0'lg99 Common Council referred an application from James and Phyllis Czi|levtothe Piuunlo���8v|nmry<�nn�oz��efor urepo� and reconmnnaudadmo. The |undnvvonro are requesting to rezone the uufJou1 property from ^q]-113^° One Family Residential To^`IlM-I"^ Three Storey Multiple Residential, The purpose for this rezoning application is to establish a rooming, house in the basement for Lip to six (6) students. City of Saint John The "RM-l" zone permits, as a conditional use, a rooming house for up to a maximum of fifteen (l5) persons. The Zoning By-law requires a minimum of three (3)off-street parking spaces for the proposed rooming house. /\ total of four (4) parking spaces must hc provided for the combined use of the dwelling booiuflnnhuudtben000niogbnuso (basement), /\ site visit will be conducted tp determine whether the driveway has ou[Ooieo1 depth, nr whether avariance for reduced parking, will bcnecessary, The Committee is interested in hearing the views of neighbouring property owners who C. might be affected by this prmposo[ If you wish to express your views, either in favour of//�— or against the proposal, you can do so hy submitting your comments in writing and/or by attending the 9lmonin���dviuoryCnnozoi���`oco�odo�om3�/u�du�J}/oe�2,Jyg�at &V0 p.m in the Council Chambers, Lobby Level, City Hall. Letters should bc addressed to the Planning Advisory Committee, City f Saint John, P John, NB, E2L 4L], and should be received on or before the Monday preceding the meetina. All received letters will be available to the ap anyone who may have an interest in the application. The Committee's recommendation will be considered at a Public Hearing to be held b Common Council on Monday, June 28, 1999 at Z-00p.m. in the Council Chambers,Ayal, You may make additional representation xt the hearing, | lettgrs receiv d the Committee will be forwarded to Council. / If you have any questions, or would like a copy of the report (available between 4:00 regular business days thereafter), please contact me at (506) 649-6075. Mark O'Hearn Planning Officer Attachments TO: PAC and Common CouncE. ATTN: Common Clerk Dear Ms. Mumford: Please find enclosed signed petitions from home owners of Champlain Heights which register their objection. Sincerely, �7 Gordon Dalzell`� LM Li i Fi i L6jU1*J4!Kf • CITY OF SAINT .iii liqlY We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAMPLAIN HEIGHTS, strongly oppose the proposed Zoning BY-Law Amendment that would result in changing the present zone of "R -1 B" One Family Residential to "RM- I" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. 1-17 yJ 4 __Q__j_ 1-3 -T U ­7" r� Ct i J Iv Z-c- We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAWLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result in changing the present zone of "R -1B" One Family Residential to "RM-l" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. NAME ADDRESS POSTAL CODE Aow �2 /'7— --s- •--7:. - --r— We, the undersigned, residents of DOROTFA DRIVE, and other streets of CHAMPLAIN FIGHTS, strongly oppose the proposed Zoning By -Law Amendment that would result in changing the present zone of "R -1B" One Family Residential to "RM -1" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. NAME ADDRESS POSTAL GORE C, -�, / l', A '� k 9 We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAMPLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result . in changing the present zone of "R-113" one Family Residential t6 "RM-1" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. NAME ADDRESS POSTAL CODE ra- 71 C5, I v JN NNW�� Raymond and Susan Fitzpatrick 72 Sherwood Drive Saint John, N.B. E2J3H8 June 17, 1999 Planning Advisory Committee and Members of Common Council Re: Rezoning Application in respect to 130 Dorothea Drive We are writing in opposition to the proposed rezoning of (Rooming House) 130 Dorothea Drive from R- I B " One Family Residential to "RM - I" Three Storey Multiple Residential. Approximately 14 years ago we moved to Champlain Heights for the following reasons: a) The area was zoned as R -18 One Family Residential. b) The properties in the area seemed to be well taken care of c) The close proximity to school and work. The rezoning of this property would cause a number of problems/issues including: 1, Increased traffic flow to the area(people visiting residents of the home). This is now happening as a result of the Refinery expansion. During peak hours we have difficulty entering and existing Champlain Drive. 2. Devalue of our properties( no one wants to live next to or near student residence). 3. Increased water and sewerage demands, 4. Increased need for parking of which this property is not designed for. 5. The potential for additional rooming houses to be constructed in the area. 6, The potential for increased noise. We are currently experiencing a great deal of noise as a result of the Refinery expansion. This is not only very annoying and disruptive to our living but we cannot enjoy the pleasures of our backyard without getting headaches from the continuous pounding due to "pile driving". 7. This would allow for a future increase in borders from 6 to 15 ( which the RMI Three Storey Multiple Residential rezoning allows for), 8. Expansion of a home to a three storey building, something that certainly does not fit with the aesthetics of this area. We have no objections to a student residence being built next to the Community College on Grandview Avenue, however, in our own backyards is another story. We presently live four doors away from a property that has turned into a student residence accommodating approximately 8 to 10 students. This we believe is a violation of the R - 1B. Single Family Residential Bylaw. In addition the exterior of the property is not being taken care of The lack of lawn mowing and removal of garbage are just a few of the "eyesores" we have to put up with. The rezoning of Dorothea would only add to this problem. We feel the Dorothea home is too small to house such a number, it would cause great stresses on the home and property, might be against Fire Regulations and most certainly will have a negative impact on the aesthetics of not only this home but all of the homes in Champlain Heights including ours. Why should we be forced to move from our home? This just doesn't seem to be fair. We would like to point out that we have no ill feelings towards the applicants. We could list other reasons as to why this rezoning should be denied. Suffice it to say the fact that Champlain Heights was designed and zoned as "single family only", sh-Ould b enough, , We request that each member of PAC and Common Council deny this application. Susan Fitzpatrick RUMUMIMU E.C. Johnson 51 Sherwood Drive Saint John, NB E2J 3H7 June 17, 1999 Planning Advisory Conunittee City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Re: Proposed Rezoning ( Rooming House) 130 Dorothea Drive We are writing regarding the application for the above noted Rezoning of the property at 130 Dorothea Drive in Champlain Heights, As long term residents ( 29 years ) of Champlain Heights we would like to go on record as strongly opposing this application. Champlain Heights is a lovely single family dwelling neighborhood where families can experience friendly and modest living. The majority of homes in this area are well kept up and we have experienced little trouble over the years. Certainly there are many homes who provide living space for one or two students from the Community College and this has proven to be no problem, however, if we start to allow this kind of operation in the area it will undoubtedly spread like a plague. We have already seen evidence of properties going downhill because the owners no longer live there and they are full of students who have no interest in keeping them up. It is difficult enough to keep property values up living next door to the oil refinery without this. To grant this variance will be the beginning of the deterioration of this neighborhood. This kind of operation also tends to create noise and streets laden with extra vehicles because of inadequate parking. The operation suggested in the application is nothing less than a commercial venture which has no place in this quiet neighborhood. Among other things, the zoning bylaws of Saint John are there to prevent just this sort of thing from happening. Please protect our living values and our properties by turning down the above noted application. Thank you. Mildred and Eric Johnson .............. RECEIVED LUT, h I h &%A 111 W4 110190M. 2- 1 Z—t-r —rte RECEIVED COMMON CLERK'S OFRCE M31� 77 Ernest & Margaret Watson 74 Sherwood Drive Champlain Heights Saint John NB June 17, 1999 Planning Advisory Committee and Members of Common Council Re: Rezoning Application in respect to 130 Dorothea Drive It has come to our attention that an application is currently before PAC with respect to a Zoning By-Law amendment that would result in changing the present zone R- I B One Family Residential to RM-1 Three Storey Multiple Residential. As residents of Champlain Heights we would hereby register our objection to this application and would note the following: Twenty two years ago we established specific criteria in our search for our "first" home, namely: a) Single family residences b) Privacy C) Low traffic area d) Overall aesthetics We agreed we would not settle for less. We were very pleased to find all our requirements here in Champlain Heights, a quiet suburb within the city. While our decision to purchase within city limits meant higher property taxes, etc.. we felt this was offset by the convenient location and the quiet surroundings were found to be aesthetically pleasing. We moved into our "new" home at 74 Sherwood Drive on July 1 ", 1977 and have remained in residence since that time. Over the last 22 years we have had to adjust to many changes that have occurred; i.e. 1) A major increase in thru traffic which creates - Increased noise - Increase in chances of pedestrian (particularly children) accidents - Difficulty entering traffic on Champlain Drive during "Peak Hours" - Reduction in privacy 2) Expansion at the Irving Oil Refinery which further increases the noise level with the continuous pounding due to "pile driving" and a fin-ther increase in traffic and movement of heavy equipment 3) Increase in air pollution 4) Industry looming closer each day To suggest that we should now lose our single family residential zoning and a significant change to the aesthetics of our suburb is completely objectionable. The proposed amendment would further decrease the attractive reasons for buying real estate in this area. Further, I would express concern regarding fire regulations, health issues, increase demand on water and sewerage which would occur as a result of this proposal. re ,���f�,�rf',f qtr ~t?'r.!'itfC.;'� ~If'�� ".� 2/2 It is hard to believe that PAC and Common Council would even consider such a proposal when it was just a few short years ago the residents of Champlain Heights clearly put forth their objectives to any such rezoning in our area. As taxpayers and homeowners we trust our wishes will be honored and we can continue to enjoy our somewhat "country" existence within the city by your ensuring that Champlain Heights remains zoned as RI-B One Family Residential. Thank-you Margaret Watson and Ernest Watson 22 year residents of 74 Sherwood Drive Champlain Heights Saint John NB rs -2 ZZ7 13o tp Z2 4L Le IV (7-1. 2L— Z4, —1 -;A- M,-rl 4c t 'C z, June 14, 1999 TO: Planning Advisory Committee & Saint John Common Council ATTN: Mary Munford Common Clerk RE: Proposed rezoning at 130 Dorothy Drive from a "R-1 B" One Family Residential to "RM-1 " Three Storey Multiple Residential I would like to take this opportunity to express my strong opposition to this proposed zoning change that is being considered "to establish a rooming house for up to (6) students in the basement of the dwelling at 130 Dorothy Drive". It is my understanding that this zoning classification is the one used to permit apartment buildings to be constructed, Before I explain my objections it is important to note that Champlain Heights has been a stable one family per residence neighbourhood since its development in the 1960's. Champlain Heights has provided thousands of families with a, quality of life that has centred on the fact that the neighbourhood has provided family residential homes. This neighbourhood has enjoyed zoning stability in that the present zone has served this community well by ensuring that those who choose to live here don't have to worry about the nature of the neighbourhood changing like this proposed zoning amendment would do. Personally our family have lived here on Dorothea Drive since 1979 with all our children and those of many other single dwelling families in a quiet, well managed neighbourhood that offers a lovely quality of life, complete with a neighbourhood school, playground etc. The neighbourhood families may have changed somewhat only in that there are more families whose children have grown up. There are still however many many families with young children as well as retired folks. i I should point out that within the existing zoning classification there is the Opportunity for people-to take in boarders from the N.B.C.C. for example, the maximum is 3 under the existing zoning regulation. Now some Champlain Heights residents have for years opened their homes to take in a boarder or two from N.B.C.C. The previous owners of our house had a couple of young adult boarders who attended the N.B.C.C. Such arrangements did not have any significant problems in respect to negative impact on land or residential use. I am sure most folks would not object to a family taking in a boarder or two as permitted under the existing zoning classification. Again there is the opportunity under the existing classification for people to have a foster home or take in a senior or two important social services of which I have no objection under the existing "R- I B" One Family Residential Zone. These circumstances do not negatively impact on land or residential use and blend in well to the existing neighbourhood standards of peaceful, stable life here in Champlain Heights. The present zoning has served this need as well as the needs of the families who live here. I want to stress that my objections are centred on the issue of the negative land use impact this new proposed zoning classification would have on our neighbourhood. The precedent of changing this zone to accommodate up to 6 boarders where such a change would permit construction and building renovations that are usually reserved for apartment buildings is totally unacceptable and will have adverse effects on the neighbourhood. This zoning change will remain with the property even if the present owner sells his property and therefore could have long term land use impact on our residential neighbourhood. It should be pointed out that under new policy changes within the Department of Education, there is a new policy (Staying In School) that directs students to stay in school up to age 18, as you know in the past practice would permit students to legally quit at 16. P41 This has changed and therefore students from 16 to 18 will be remaining in the educational system to age 18. Now further, the Department of Education was reorganized last year to have the community colleges all under the umbrella so therefore there one can expect to have more 16-18 years olds attending upgrading or other remedial programs at the N.B.C.C. I understand this zoning change is being requested to accommodate this target group of N.B.C.C. students. Reasons for opposing the proposed zoning change: The zoning change would permit six bedrooms and up to 15 people, as well as permit additional renovations to accommodate all these additional people in the household. (1) The lot size is designed for the present zoning One Family Residential. These lots are not that large but are ideal and suitable for their designed usage One Family situations. (2) With all these additional students one has to be very concerned about increased traffic to and from the lot, more backing out of driveways, where very small children age 5 walk to and from the local elementary school up Dorothea and around the corner. (3) Parking arrangements are not suitable for this lot to accommodate both the students but as well their associates, friends and wide range of community resources personnel such as social workers, probation officers, police officers etc. who can be expected to access this property as presently is the case now. Neighbours advise me an increase in police officers visiting this property with this zoning change more community resource personnel will be accessing this property. With this many students one can expect to be subjected to increased noise from loud stereo systems (with heavy base tone so common today), litter, and parties which is not unreasonable to expect when there are students living together. The other objection is the impact on our existing homes which enjoy the present one family residential status that makes this neighbourhood so appealing. Changing the zoning by- law will have negative and adverse impact on existing properties because people will be hesitant to move here, if they have to live in a neighbourhood where the zoning includes the possibility of "three storey multiple residential" that is used for apartment buildings. The zoning change will set a precedent where other properties could be changed such as a very large single residential home across the street from us at 23 Dorothea Dr. This property has been for sale and could end up applying for similar zoning change which if granted could end up being a similar situation as this person is applying for. Champlain Heights granted is an older residential neighbourhood and like so many other older neighbourhoods these zoning changes negatively impact on the land use and the very nature of a neighbourhood like ours. Another area of concern that adversely affects neighbourhoods like this one is the absent landlord who rents out their house to tenants who very often do not establish roots in the neighbourhood. We have a situation like this in Champlain Heights where there have been multiple tenants renting these houses. Some of these houses are deteriorating with no one taking any interest or care to maintain them to the standards of the owner occupied homes. Approving this zoning change will set a precedent and spark the death hnell for Champlain Heights, Next thing you know the other houses in the area will be next to apply. How do you say no the next time? 51 Home owners in Champlain Heights have had to endure with significant challenges in terms. of maintaining the quality of life this neighbourhood offers. For example our properties have been impacted with air pollution problems from some of the most heavily industrialized sites nearby. We have had to endure excessive traffic on Champlain Drive up to 6,000 cars a day according to one city traffic survey completed several years ago. There is a public notice issued for a proposed zoning change to hearing industrial at 812 Grandview Ave. (Thomas Construction) which if granted will also have negative impact on this neighbourhood. I would request that this present zoning change not be made but to leave the existing zoning which still permits the property owner to have up to 3 students as boarders. This is not the neighbourhood to set up residential boarding house business for up to 15 people which I understand is possible, The City cannot afford to force people to sell their properties and move to outlying areas. This zoning change in my view could have that effect. Thank you for considering my points. Sincerely, Gordon Dalzell 32 Dorothea Drive Saint John, N.B. � 0111 Xei L'i I Jj lei I to] 1:3: - I 5 JUN 18 1999 June 18, 1999 The Planning Advisory Committee City of Saint John, P.O. Box 1971 Saint John, N.B. E2L 4L I Dear Mr. O'Hearn and fellow committee members, We are writing this letter in addition to one which we previously sent to your committee regarding the proposed rezoning of 130 Dorothea Drive into a rooming house category. Since drafting the letter we realized that we considered 2 other strong points that perhaps were not stated as clearly as we would life: While we were concerned and mainly focussed on the fact that our lovely, quiet neighborhood would become a very different neighborhood and become undesireable for young families, we need to state further on the topic. Our property values would drop considerably which would decrease the chances that young families would wish to come to our area. It would become an area where people of all ages would not want to live. Also, with one rooming house starting, what would stop anyone else from being able to also get a rooming house on their property within Champlain Heights. This rezoning proposal must not be allowed. Thank you for your consideration on the topic once again. Sincerely, For Stu,o=l http-://www.saintiohn.nbec.nb.ca/framitstudentinterest.htm NEW BRUNSWICK COMMUNITY COLLEGE - SAINT JOHN ACCOMMODATION LIST 1999-2000 Mrs. Joyce Doyle (506) 696 -2967 Private rooms for 2 nonsmoking students, All $75 - 5 days 9 Greenhill Road meals provided including lunch. 8 lan from $85 - 7 days Saint John, NB College, 114 km from bus stop. E2N 1 J7 Elizabeth Parsons (506) 633 -1652 Private room with kitchen privileges for 1 $40 5 days 21 Midwood Avenue student. 4 km from College and 5 minute walk to $45 7 days Saint John, NB bus stop. E2P 1 K7 Elta Fahey (506) 693 -7446 Private room for 1 nonsmoking student. $60 7 days 8 Carl Court Smoking permitted in garage. Use of kitchen and Saint John, NB laundry facilities included. 7 km from College, E3J 2L1 1/3 km from bus stop. Lori Greer (506) 696 -2463 Private room for 1 student, smoking allowed. 0 $60 7 days 1007 Loch Lomond km from bus stop, 2 km from College. Road Saint John, NB E2J IZ5 Myrtle Chapman 141 Champlain Drive Saint John, NB E2J 3E5 Cliff McDonough 967 Grandview Ave Saint John, NB E2J 4P6 Bev Mills 129 Champlain Dri Saint John, NB E2J 3E4 Christine Smar 66 Elliott Row Saint John, NB E2L 1 C6 (506) 696 -2300 Private room for 1 nonsmoking student (male ( $60 7 days only). '/2 km from College, 1/8 kin from bus stop. (506) 696-2182 Furnished apartment for three nonsmoking $65 7 days female students. Must bring own bed, room and board. Directly across from College. 1• 674-0088 'c I km from College. ffe (506) 642 -1140 Private room for a non smoking student. Kitchen and laundry privileges, 2 blocks from bus stop, 3 km from College. $325 month $250 month 4 / a, � (-, s 7 � , 120 i 1 X A149 4? �- 71 June 28, 1999 New Nouveau Mr. O' Hearn Planning Officer City of Saint John. P.O. Box 1971 Saint John, N.B. E2L 4L 1 Dear Mr. O'Hearn: Health and Same et Services Community Services corumunautaires At the request of Phillis and Joe Crilley, I would like to take the opportunity to advise you of the valuable services to youth in our community that this family provides. I became aware of the family in 1996 through the New Brunswick Community College and their accommodation list. Phyllis and Joe provide a structured home environment to youth who are unable to reside with their families and whereby the only other option would be the Salvation Army. Their home is not classified or opened as a foster home with the Department of Health & Community Services but rather they are a family who are willing to provide a room and board arrangement for students attending school or full -time programs. Sincerely, Beth Marr -Ernst ST F-2-7-3TV Li Wl( Wl 6-1 s -4-- Z -U- m Lz), LL r r e cl- ME Mr? 2 0 r c/ 85 Champlain Dr,, Saint John,N,B. E2J 3E2 June 1 1,1999 Mary L. Munford P.O. Box 1971 Saint John, N, L . E21- 4L,1 Dear Mary, I am writing in response to the proposed re- zoning of 134 Dorothea Drive from single family to multiple family. Currently, Chaplain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whale subdivision becomes a target for re- zoning. If such a re- zoning did take place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights.. Sincerely, William Mackinnon v 23 Dorothea Dr Saint John,N,B. E2J 3H9 June 9,1999 Mary L. Munford P.C. Box 1971 Saint John, N.B. E2L 4L 1 Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re- zoned for multiple family, then the whale subdivision becomes a target for re- zoning. If such a re- zoning did tape place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, Such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 1301 Dorothea. Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights. Sincerely, Katherine Gurschick C" N', "O 23 Dorothea Dr., Saint John,l* .13. E2J 3H9 June 10, 1999 Mary L. Munford P.O. Box 1971 Saint Jahn, N.B. E21- dL 1 Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea. Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning, If such a re- zoning did take place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea. Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights. Sincerely, wren CJurschick oF t t rsi 20 Dorothea Dr Saint John.A.B. E2J 3Ji .Lune 8.1999 Mary L. /lunford P.0, Box 1971 Saint John, NR EM 4L Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did take place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain heights. Sincerely, r^ , Evelyn Pierce 4 lip° 31 Dorothea Dr Saint John .B. E2J 3fI9 June 9,1999 Mary L. Munford P.O. Box 1971 Saint John. N.B. E2L, 41_,1 Dear Mary, I am writing in response to the proposed rezoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did take place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. "there is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I abject strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights. Sincerely, "At i "f' O .t5 l JOHN 9 Dorothea Dr., Saint John,N,B, E2J 3H9 June 9,199 9 Mary L. Munford P.0, Box 1971 Saint John, N.B. E2L 4L I Bear Mary, I all writing in response to the proposed re- zoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for Multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did tape place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights. Sincerely, Yy .Moan Hawkins u cLERKS OFFO 20 Dorothea Dr., Saint John,N.B. E2J 3J1 June 8,1991? Mary L. Munford P.O. Box 1971 Saint John, N.B, E2L 4L 1 Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been rezoned for multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did tape place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. `here is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights. Sincerely, Robert fierce tii� V ll MV CITV" OF l 9 Dorothea Dr.. `paint John,N.I31 E2T 3149 .lime 9,1999 Mary .L. Munford P.O. Box 1971 Banat John, N.B. E2L 4L I Dear Mary, I am writing in response to the proposed re- zoning of 1307 Dorothea Drive from single family to multiple family, Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did take place, our neighborhood could become very attractive to investors who would . build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights, Sincerely, Arthur Hawkins ()jAMON, CLERKS 31 Dorothea Dr Saint John ,I3. E2J 3H9 June 9,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. E2L 4L I Dear (Mary, I any writing in response to the proposed re- zoning of 134 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning, If such a re- zoning did take place, our neighborhood -could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. There is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 134 Dorothea. Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights, Sincerely, DoisPriy x. I 31 Dorothea Dr., Saint John, N.B. E2J 3H9 June 9,1999 Mary L. Munford B.0, Box 1971 Saint John, N.B. E21, 41A Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea Drive from single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this way. Once one property has been re -zoned for multiple family, then the whole subdivision becomes a target for re- zoning. If such a re- zoning did tame plaice, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc.. Where is already enough areas in Saint John zoned for multiple family dwellings that there is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family rezoning in Champlain Heights. 1157 OEM OF 80 Robar Ctr., Saint John,i.B, E2J 3A June 9,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. E21- 4L 1 Dear Mary, I am writing in response to the proposed re- zoning of 130 Dorothea Drive frorn single family to multiple family. Currently, Champlain Heights is single dwelling only and I believe that it should stay this gray. Once one property has been re- zoned for multiple family, then the whole subdivision. becomes a target for re- zoning. If such a re- zoning did take place, our neighborhood could become very attractive to investors who would build multiple family properties for rent to students attending community college. If such a plan were developed, It would put more stress on our already busy neighborhood, such as noise, traffic, etc., There is already enough areas in Saint John zoned for multiple family dwellings that there, is no need or justification to re -zone a single dwelling to multiple in Champlain Heights. In closing, I object strongly to any re- zoning of 130 Dorothea Drive and I urge your Department to reject all proposals for multiple family re- zoning in Champlain Heights, Sincerely, Phyllis Maclntyre FRIECENEU), COMM g ORIC June 14, 1999 TO: Planning Advisory Committee & Saint John Common Council ATTN: Mary Munford Common Clerk RE: Proposed rezoning at 130 Dorothy Drive from a "R-1 B" One Family Residential to "RM-1 " Three Storey Multiple Residential I would like to take this opportunity to express my strong opposition to this proposed zoning change that is being considered "to establish a rooming house for up to (6) students in the basement of the dwelling at 130 Dorothy Drive". It is my understanding that this zoning classification is the one used to permit apartment buildings to be constructed. Before I explain my objections it is important to note that Champlain Heights has been a stable one family per residence neighbourhood since its development in the 1960's. Champlain Heights has provided thousands of families with a quality of life that has centred on the fact that the neighbourhood has provided family residential homes. This neighbourhood has enjoyed zoning stability in that the present zone has served this community well by ensuring that those who choose to live here don't have to worry about the nature of the neighbourhood changing like this proposed zoning amendment would do. Personally our family have lived here on Dorothea Drive since 1979 with all our children and those of many other single dwelling families in a quiet, well managed neighbourhood that offers a lovely quality of life, complete with a neighbourhood school, playground etc. The neighbourhood families may have changed somewhat only in that there are more families whose children have grown up. There are still however many many families with young children as well as retired folks. 0 I should point out that within the existing zoning classification there is the opportunity for people to take in boarders from the N.B.C.C. for example, the maximum is 3 under the existing zoning regulation. Now some Champlain Heights residents have for years opened their homes to take in a boarder or two from N.B.C.C. The previous owners of our house had a couple of young adult boarders who attended the N.B.C.C. Such arrangements did not have any significant problems in respect to negative impact on land or residential use. I am sure most folks would not object to a family taking in a boarder or two as permitted under the existing zoning classification. Again there is the opportunity under the existing classification for people to have a foster home or take in a senior or two important social services of which I have no objection under the existing "R- 1 B" One Family Residential Zone, These circumstances do not negatively impact on land or residential use and blend in well to the existing neighbourhood standards of peaceful, stable life here in Champlain Heights. The present zoning has served this need as well as the needs of the families who live here. I want to stress that my objections are centred on the issue of the negative land use impact this new proposed zoning classification would have on our neighbourhood. The precedent of changing this zone to accommodate up to 6 boarders where such a change would permit construction and building renovations that are usually reserved for apartment buildings is totally unacceptable and will have adverse effects on the neighbourhood. This zoning change will remain with the property even if the present owner sells his property and therefore could have long term land use impact on our residential neighbourhood. It should be pointed out that under new policy changes within the Department of Education, there is a new policy (Staying In School) that directs students to stay in school up to age 18, as you know in the past practice would permit students to legally quit at 16, 2 This has changed and therefore students from 16 to 18 will be remaining in the educational system to age 18. Now further, the Department of Education was reorganized last year to have the community colleges all under the umbrella so therefore there one can expect to have more 16-18 years olds attending upgrading or other remedial programs at the N.B.C.C. I understand this zoning change is being requested to accommodate this target group of RI. B.C.C. students. =0 The zoning change would permit six bedrooms and up to 15 people, as well as permit additional renovations to accommodate all these additional people in the household. (1) The lot size is designed for the present zoning One Family Residential. These lots are not that large but are ideal and suitable for their designed usage One Family situations. (2) With all these additional students one has to be very concerned about increased traffic to and from the lot, more backing out of driveways, where very small children age 5 walk to and from the local elementary school up Dorothea and around the corner. (3) Parking arrangements are not suitable for this lot to accommodate both the students but as well their associates, friends and wide range of community resources personnel such as social workers, probation officers, police officers etc. who can be expected to access this property as presently is the case now. Neighbours advise me an increase in police officers visiting this property with this zoning change more community resource personnel will be accessing this property, 3 With this many students one can expect to be subjected to increased noise from loud stereo systems (with heavy base tone so common today), litter, and parties which is not unreasonable to expect when there are students living together. The other objection is the impact on our existing homes which enjoy the present one family residential status that makes this neighbourhood so appealing. Changing the zoning by- law will have negative and adverse impact on existing properties because people will be hesitant to move here, if they have to live in a neighbourhood where the zoning includes the possibility of "three storey multiple residential" that is used for apartment buildings. The zoning change will set a precedent where other properties could be changed such as a very large single residential home across the street from us at 23 Dorothea Dr. This property has been for sale and could end up applying for similar zoning change which if granted could end up being a similar situation as this person is applying for. Champlain Heights granted is an older residential neighbourhood and like so many other older neighbourhoods these zoning changes negatively impact on the land use and the very nature of a neighbourhood like ours. Another area of concern that adversely affects neighbourhoods like this one is the absent landlord who rents out their house to tenants who very often do not establish roots in the neighbourhood. We have a situation like this in Champlain Heights where there have been multiple tenants renting these houses. Some of these houses are deteriorating with no one taking any interest or care to maintain them to the standards of the owner occupied homes. Approving this zoning change will set a precedent and spark the death knell for Champlain Heights. Next thing you know the other houses in the area will be next to apply. How do you say no the next time? M Home owners in Champlain Heights have had to endure with significant challenges in terms of maintaining the quality of life this neighbourhood offers. For example our properties have been impacted with air pollution problems from some of the most heavily industrialized sites nearby. We have had to endure excessive traffic on Champlain Drive up to 6,000 cars a day according to one city traffic survey completed several years ago. There is a public notice issued for a proposed zoning change to hearing industrial at 812 Grandview Ave. (Thomas Construction) which if granted will also have negative impact on this neighbourhood. I would request that this present zoning change not be made but to leave the existing zoning which still permits the property owner to have up to 3 students as boarders. This is not the neighbourhood to set up residential boarding house business for up to 15 people which I understand is possible. The City cannot afford to force people to sell their properties and move to outlying areas. This zoning change in my view could have that effect. Thank you for considering my points. Sincerely, Gordon Dalzell 32 Dorothea Drive Saint John, N. B. OMMON CLERKS 0,rFtICE 5 JUN Is 1999 TOW 4011j," JOHN Raymond and Susan Fitzpatrick 72 Sherwood Drive Saint John, N.B, 2J 3H8 June 17, 1999 We are writing in opposition to the proposed rezoning of (Rooming House) 130 Dorothea Drive from R-113" One Family Residential to "RM - I " Three Storey Multiple Residential, Approximately 14 years ago we moved to Champlain Heights for the following reasons.- a) The area was zoned as R -1 B One Family Residential, b) The properties in the area seemed to be well taken care of c) The close proximity to school and work. The rezoning of this property would cause a number of problems/issues including: 1. Increased traffic flow to the area(people visiting residents of the home). This is now happening as a result of the Refinery expansion, During peak hours we have difficulty entering and existing Champlain Drive, 2. Devalue of our properties( no one wants to live next to or near student residence), 3. Increased water and sewerage demands, 4. increased need for parking of which this property is not designed for. 5. The potential for additional rooming houses to be constructed in the area. 6, The potential for increased noise. We are currently experiencing a great deal of noise as a result of the Refinery expansion. This is not only very annoying and disruptive to our living but we cannot enjoy the pleasures of our backyard without getting headaches from the continuous pounding due to "pile driving". 7. This would allow for a future increase in borders from 6 to 15 ( which the RM1 Three Storey Multiple Residential rezoning allows for), 8, Expansion of a home to a three storey building, something that certainly does not fit with the aesthetics of this area. We have no objections to a student residence being built next to the Community College on Grandview Avenue, however, in our own backyards is another story. We presently live four doors away from a property that has turned into a student residence accommodating approximately 8 to 10 students. This we believe is a violation of the R - 1B Single Family Residential Bylaw. In addition the exterior of the property is not being taken care of The lack of lawn mowing and removal of garbage are just a few of the "eyesores" we have to put up with. The rezoning of Dorothea would only add to this problem. We feel the Dorothea home is too small to house such a number, it would cause great stresses on the home and property, might be against Fire Regulations and most certainly will have a negative impact on the aesthetics of not only this home but all of the homes in Champlain Heights including ours. Why should we be forced to move from our home? This just doesn't seem to be fair. We would like to point out that we have no ill feelings towards the applicants. We could list other reasons as to why this rezoning should be denied. Suffice it to say the fact that Champlain Heights was designed and zoned as "single family only", shipuld be We request that each member of PAC and Common Council deny this application, Susan Fitzpatrick r. "'Al A tM O"M RA71mr4mw E.C. Johnson 51 Sherwood Drive Saint John, NB EM -3H7 June 17, 1999 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB EM 4LI Re: Proposed Rezoning (Rooming House) 130 Dorothea Drive We are writing regarding the application for the above noted Rezoning of the property at 130 Dorothea Drive in Champlain Heights, As long term residents ( 29 years ) of Champlain Heights we would like to go on record as strongly opposing this application. Champlain Heights is a lovely single family dwelling neighborhood where families can experience friendly and modest living. The majority of homes in this area are well kept up and we have experienced little trouble over the years. Certainly there are many homes who provide living space for one or two students from the Community College and this has proven to be no problem, however, if we start to allow this kind of operation in the area it will undoubtedly spread like a plague. We have already seen evidence of properties going downhill because the owners no longer live there and they are full of students who have no interest in keeping them up. It is difficult enough to keep property values up living next door to the oil refinery without this. To grant this variance will be the beginning of the deterioration of this neighborhood , This kind of operation also tends to create noise and streets laden with extra vehicles because of inadequate parking. The operation suggested in the application is nothing less than a commercial venture which has no place in this quiet neighborhood. Among other things, the zoning bylaws of Saint John are there to prevent just this sort of thing from happening. Please protect our living values and our properties by turning down the above noted application. Thank you. MWIMMIUMMUMMI M11 R E C agqct f f C 1 Y.... LoL k,(;k iw JUN 18 1999 -, - ' F Ernest & Margaret Watson 74 Sherwood Drive Champlain Heights Saint John NB r-)J June 17, 1499 Planning Advisory Committee and Members of Common Council Re: Rezoning Application in respect to 130 Dorothea Drive It has come to our attention that an application is currently before PAC with respect to a Zoning By -Law amendment that would result in changing the present zone R- 1B One Family Residential to RM -1 Three Storey Multiple Residential. As residents of Champlain Heights we would hereby register our objection to this application and would note the following:. Twenty two years ago we established specific criteria in our search for our "first" home, namely: a) Single family residences b) Privacy C) Low traffic area d) Overall aesthetics We agreed we would not settle for less. We were very pleased to find all our requirements here in Champlain Heights, a quiet suburb within the city. While our decision to purchase within city limits meant higher property taxes, etc., we felt this was offset by the convenient location and the quiet surroundings were found to be aesthetically pleasing. We moved into our "new" home at 74 Sherwood Drive on July 1", 1977 and have remained in residence since that time. Over the last 22 years we have had to adjust to many changes that have occurred; i.e. 1) A major increase in thru traffic which creates - Increased noise - Increase in chances of pedestrian (particularly children) accidents - Difficulty entering traffic on Champlain Drive during "Pear Hours" - Reduction in privacy 2) Expansion at the Irving Oil Refinery which further increases the noise level with the continuous pounding due to "pile driving" and a further increase in traffic and movement of heavy equipment 3) Increase in air pollution 4) Industry looming closer each day To suggest that we should now lose our single family residential zoning and a significant change to the aesthetics of our suburb is completely objectionable. The proposed amendment would further decrease the attractive reasons for buying real estate in this area. Further, I would express concern regarding fire regulations, health issues, increase demand on water and sewerage which would occur as a result of this proposal. y f , 2/2 It is hard to believe that PAC and Common Council would even consider such a proposal when it was just a few short years ago the residents of Champlain Heights clearly put forth their objectives to any such rezoning in our area. As taxpayers and homeowners we trust our wishes will be honored and we can continue to enjoy our somewhat "country" existence within the city by your ensuring that Champlain Heights remains zoned as R I -B One Family Residential, Thank-you 4� Margaret Watson and Ernest Watson 22 year residents of 74 Sherwood Drive Champlain Heights Saint John NB MR FE C* 0 V E 101 001% M CLERK'S 0 RIM aw no F# 611AMN-Ir 10n)[SM t✓' J r t' "�y ^mot <._. f1 � ..µ_ t� "✓� 't..,'` ,a�::t...� t .r. r':. ���`. -,bt w, `Y � , �� _ �, p! ";,�;`, � �..i � -`,6�. "`.. .-, '— .. ✓l s .CC{ } "t. %fi � °%. P �.. ,.k�"v . °f(J ",,.. -'G n`�f�i,.'. .., <. !i +{..1 If f ... .,e. ki „-�' #'L. -fit � -•t °;d / '� (1 r� -r' L: t � .rp� 7 �°�"��� � - ' w.. 1 � v � a d rr i,e.,... FF l - -- _P . t. r t r e j[ ,r r` 1-7 'ev 1`0 6r zoo, Ott Ry TO- PAC and Common Councff ATTN: Common Clerk Dear Ms. Mumford., Please find enclosed signed petitions from home owners of Champlain Heights which register their objection. Sincerely, Gordon Dalz I R E CE I 'E Fv MWON CLERK'S OJFftj� 8AW j Tf r nq-, K We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CI­L,kMPLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result in changing the present zone of "R-113" One Family Residential to "RM- I" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. 7—" 1 "Je 4, 40 _'A We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAMPLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result in changing the present zone of "R-IB" One Family Residential to "RM- F Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, 9 I �22 UP 2'�* We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAMPLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result in changing the present zone of "R -1B" One Family Residential to "RM- I" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. F) )l i'l , -."� -I-z // it 1 We, the undersigned, residents of DOROTHEA DRIVE, and other streets of CHAMPLAIN HEIGHTS, strongly oppose the proposed Zoning By-Law Amendment that would result in changing the present zone of "R -1B" One Family Residential to "RM-1" Three Storey Multiple Residential, in respect to 130 DOROTHEA DRIVE, SAINT JOHN, N. B. NAME ADD RE S POSTAL CODE 1�4 47 4< F� 7 I V-P ' I A'k-I ✓ t% I f 'L#' -7 J V Yv FAZI_ ( IF - D 2. Payment by the City to Mr. Langford of $10,000 per year commencing on May 14, 2015 for the rest of his life; 3. The obligation of the City under 1 and 2 above ceases upon Mr. Langford's death; 4. Costs of $1,500 and $15,000 payable to Petrie Richmond Goss in Trust; 5. A complete Release from Mr. Langford to the City, the Mayor and Common Council, the Board of Police Commissioners, Chief of Police, all members past and present of the Saint John Police Force and all employees and representatives of those parties; 6. A written apology to Mr. Langford from the Chief of Police and the Chairman of the Board of Police Commissioners for the City of Saint John; 7. A letter from the Chief of Police to Mr. Langford stating the Force's intention to issue a policy respecting race, upon which input would be sought from all interested parties, including Mr. Langford, and confirming the retention by the Board of Police Commissioners of an outside professional to assist with psychological and emotional problems and to act as an advocate; 8. An opportunity for those named in the complaints to meet with Mr. Langford, if they so desire; 9. A mutual confidentiality agreement; and 10. The written acceptance by Mr. Langford of the settlement and apology. AND FURTHER that the Mayor and Common Clerk be authorized to execute any documentation required to effect the aforesaid settlement. Common Council City of Saint John P.Q. Box 1971 Saint John, New Brunswick E2L 4L1 Your Worship and Councillors: June 21, 1999 Ile: Loyalist Lady Unfortunately, I am suffering from a medical handicap and have limited outdoor access. As a result 1 have considerable time to spend indoors to do something, which could be of interest or benefit to the City and myself. After some thought I have been able to develop a Loyalist Lady. The Loyalist Man is well known and has become an important and distinguished symbol for the City. However, the City founders would not have accomplished the achievements they did without the support of the Loyalist Lady. While the Loyalist Man's dress may be more distinctive, nevertheless the Loyalist Lady has a style of dress, which is distinguishable, I would like the opportunity to make a presentation at a Council meeting of one of these Loyalist Ladies to the City. I ask if I could make such presentation on the 28th of June, two weeks before the Loyalist Heritage Festival commences. Yours truly, �e Pat MacPherson 288 Prince William Street Saint John, New Brunswick 634-8565 E EIVIN Room= ; 7 1 r; 1 June 23, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council P.O. Box 1971 Saint John, New Brunswick E21- 41-1 U47MYROMIM-1 The Champlain Heights Home & School Association ("CHH&SX) requests an opportunity to make a presentation before Common Council to discuss assistance under the "Land for Public Purpose" Fund ("LPP") The CHH&SA have been actively involved in both the school and surrounding community, not only during the school year, but also during the summer. Since 1994 it has partnered with Community Services, Recreation & Parks Division, to provide an eight-week playground program. This utilizes five East Saint John school playgrounds including Champlain Heights, During the 1996-1997 school year, the current CHH&SA members conducted a major review of the school's playground and its equipment. It was found that the current equipment does not adequately service the number of children at the school or in the community. Because of the lack of equipment, a time schedule has been devised with time spent on the equipment divided between the upper and lower grades. With the hope of eliminating the need for time schedules, a four-phased Community Playground Project has been developed. The enclosed materials include a scaled blue print*, our financial statement, a cost breakdown of materials and services required, equipment quotes from Little Tikes, as well as a letter of commitment from the Irving Oil Refinery as our corporate sponsor. * the scaled blue printis W e4 lr\4,ke—Cvmmot\ CLfxwt, o4ic& Our goal is to implement phases I and 11 before the 1999-2000 school year commences in September. To ensure this target is met, equipment must be ordered by mid-July to allow for the 6-8 week shipping and handling process. The total cost of implementing the first two phases is $52,582.81. At this time more detailed plans for phases III and IV are being developed. The target dates anticipated for implementation for phases III and IV are Spring, 2000 and Fall, 2000 respectively. In order to achieve our goals the CHH&SA asks Your Worship and Members of Common Council for matching funds of $26,836.00 for 50% of the implementation costs of phases I and 11 pursuant to the LPP Fund. The CHH&SA would like to thank Your Worship and Members of Common Council for reviewing this proposal and look forward to discussing it further with you. Should you have any questions please contact me at (506) 696-4277. Yours truly, Margaret A. Thompson President, Champlain Heights Home & School Association 111 Champlain Drive Saint John, New Brunswick E2J 3E4 Res. Tel: (506) 696-4277 School Tel; (506) 658-5335 School Fax: (506) 643-6095 cc: John A. Moore Principal, Champlain Heights School Emil Olsen Human Resources, Irving Oil Refinery CHH&SA Executive: Mike Clays Linda Rickard Crystal Sherwood ...f2 EfflMErot. �j Susan Fitzpatrick Marciaret Thompson OTT= Mike Clays I Vice President, Home & School Assoc. Linda Rickard iiiii��ill����l���l 11111 PlIP1111111111; mon Date Description Credit Debit Total May, Hot Lunch Campaign $ 131.00 $ 131.00 .1996 September, 1996 Kid Video Campaign $ 146.00 $ 277.00 September, 1996 Shipping of new panels for existing playground equipment $ 71.00 $ 206.00 December, 1996 Cookbook Campaign $ 540.00 $ 746.00 February, 1997 Donation to School Education Fund $ 700.00 $ 46.00 April, 1997 Tree Campaign $1,060.00 $1,106.00 99, Q-7 Bottle Drive $ 212.00 $1,318.00 .May,l dune, 1997 Supplies to paint pavement games $ 28.00 $1,290.00 February, 1998 Chocolate Bar Campaign $2,900.00 $4,190.00 November, 1998 Cookie/Muffin Campaign $ 646.00 $4,836.00 Total: $4,836.00 Proiected Fundraising Campaigns* November, 1999 Cookie/Muffin Campaign February, 2000 Chocolate Bar Campaign I"Champlain Heights School divides fundraising efforts between the Home & School Association and the teaching staff. I This statement is rounded to the nearest dollar and is current to June 21, 1999 Site Preparation for Phase I & 11 Scaled Blueprints developed $400.00 Excavation of pavement and preparation of the 4 area Cost for 2 days of labor (includes 3 men, front end loader and 2 trucks) $17056.00 Site Preparation Total $1,456.00 Phase I - Grade K - 2 Area Kid Builder Structure 91185400 Kid Builder Structure 91185500 Red Square Rubber Tile & Straight Bevel & Adhesive 200005266/200005202 Wood 30'x 29'— 236 lin ft @ $2.64/ft Sand 30'x 29' = 8 70cu ft = 44mt @ $13.40/mt Rebar Spikes Labour - 4 men @ 665.28/day x 2 days Misc. (contingency) Fencing 12'x 90' Phase 11 - Grade 3 - 5 Area _L?esCrrption Sulwlied & Installed Total Cost $14,007.77 $5,078,39 $5,650.87 $716.50 $678.04 $300.00 $115.00 $1,330.56 $500.00 $2,702.50 Phase I Total $311080.13 Recess Steel Unit (Challenge Zone) IO'Bike Rack 100000405 8 Bolt thru Bearing Hangers 200011713 8 Trapeze Rings 2000 1 1 379 Reinstallation of Trapeze Unit Frame (Little Tikes) Wood 15'x 25'= 160 lin ft (Trapeze) 32' x 43' = 300 lin ft (Recess Unit) Total = 460 lin ft @ $2.64/ft Sand 15'x 251 -- 375 cu. ft = 18.75mt (Trapeze) 32'x 43'= 1,376cu ft = 68.80 mt (Recess Unit) Total = 8 7mt Rebar Spikes Labour - 4 men @ $665.28/day x 3 days Misc. (contingency) �MTFFIVORIMI Supplied & Installed Total Cost $11,667.45 $756.52 $425.04 $387.12 $1,012.00 $1,396.56 Dear Ms, Thompson Fe° Quotation 01499179 • Grade K -3 Area & 4.6 area Them you for the interest in Little Tikes Commercial Play systems ( Csnada) Inc. and its products. Unit price 1 am pleased to confirm the following prica(s). Unit Pries supplied supplied & installed ary Model , or, ?An 0 Q-"fA;atLQft kid Builder Structure 5uppItad $11,465.12 Total 511,465.12 Ina-tattoo $14,007.77 %A#a $14,007.77 1 1 91185400 100000405 Bike Rack, 10" lung $503.52 $5013.52 9,921,7 $756.52 $11,667.45 $755.52 $11,587'.45' 1 Challenge Zone Reeess steel unit Kld8uilderStructtlre $9,921.75 $4,028.44 34,028.44 $5,078.30 $5,078.39 1 91195500 200005266 and Red Square Rubber Tile $3,563.62 $3,563.62 55,650.57 $5,660.87 1 200005202 (40ntm) and straight rubber 6 200011713 bevel and adhesive Bolt thur Bearin�9 Hangers $32,58 $361.64 $2t3t7.64 $53.13 $48.39 $325,04 $387.12 8 2x10011379 Trapeze Dings $32.88 Grand Total $30,104.93 $37,973.16 Note's 1) Supplied Only Pricing Includes; Harmonized Sales Tax included. Freight Charges included to: aint John, B • Unloading and Installation are the customers responsibility. Please note play structures are shipped in large crates. 21 Supplied and installed Pricing includes, Harmonized Sales flax Included, • Resilient surfacing is not included in the above unless shown as a soparttte line item, • if resilient surfacing Is to be supplied by others, It must be installed after the Installation of the equipment. • The customer Is responsible for all line locales prior to installation by a tiitte Tikes Commercial Flay Systems (Canada) Inc. crow. This issue should also be considered prior to the designiguo ing stage. Little Tikes Commercial Flay Systems (Canada) Inc. play structures are designed for ins,taliati ®n on bevel, Unexcavated sites. 03/03/99 15:53 LITTLE TIKES COMMERCIAL PLAY SYS + 506656290 3) Terms Orders cannot be processed unless they have pdcr credit approval and are accompanied by a Purchase Order or latter of confirmation . All pricing represents your cost In Canadian Dollars and will be valid for £0 days from the above date. The above pricing (if more than one item) is based Upon a package purchase. Arry alterations may be subject to a price revision. Terms are net 30 days front 'jnvCite date based upon prior credit approval. Please note, order production does not begin until terrns are establlshed. Delivery would be 3 . 6 weeks from acceptance of Purchase Order. This may vary depending upon the time of year and oroduct ordered and should be confirmed. 4) Installation The shove products are designed for standard t=ittle Tlkes commercial play systems (Canada) Inc. installation, If unclear of the method please discuss this with your Sales Coordinator of sales Representative. .,The above Items ere designed to accommodate resilient surface mateal to a total depth of: 12 " around and under the play epulPment. Please note as stated in item 2) Resillarrt surface material is not Included unless shown as a separate line item. 5) Supplied efw Supervisor Includes: N t Harmonlsed sales Tax included. The number of volunteers that will be required for the completion of the above installation is: NIA individuals, -The estJrnated time to complete the instalistion of all of the above play equipment would be: NIA Day(s). You will be responslple for providing both the Portland cement and gravel mix for a total of: fdtA bags, of Portland and NIA yards of grave{. Please rater to the attached Ilst of required Items for the installation of your playground equipment. Thank you for the opportunity to provide a quote, Please do not hesitate to contact me toll free at 1- 800 - 265 -9953 at Ext. 207 should you hale any additional questions. Please refer to quotation M 1499179 cc: Kim St. Pierre ,atlantic Sales Representative Enciosures above quotaton and wish to confirm an order. 'r ,. Specifications Model number ........................ KB101 Designed for children .............. 5 to 12 years Accommodates ............... 25 to 30 children Number of play events .......... ...... ... 12 Play structure size ...... 8.8 x 11.3 m (29'x 371 a E E CoL olo E 0 v C.& v � x i :1 'S 0 , wl U n by 0 CC •, - 1� ifs easy to install, looks great and provides an accessible fall absorbing surface. KidTiles- Safety • Continuous Shock Absorbency - - surfacing eliminates the displacement of surfaces. • immpoofAbmoMbingSeonms - Seomed channel design helps provide impact absorption on top of joints and eliminates the use offasteners. • Clean Kid T|ns~ surfacing reduces the occurrence of hidden objects and foreign matter that can lead to safety and health hazards. • Safety Compliant Meets Section lQ]-6 of the Consumer Product Safety commission's Handbook for Public Playground Sofe/y and the latest revision mf the 4STN1R2V3 Standard Specifications for fall absorbing surfaces. Durability • Low Maintenance KidTiles - sodncing is easy to maintain, some loose fill materials require continual maintenance and refill. • Easy To Clean ' just spray with o hose or sweep clean with worm water and o mild detergent. • Low Life-Cycle Cost - Super strong polyurethane binder for years of wear. • Factory Controlled Manufacturing - Moulding under pressure and high heat in a controlled environment provides a quick cure and a strong bond, • Periodic Resurfacing -O~=' time ~e~ oxide and Green Oxide tiles will loose their colour intensity. We have o resurfacing top coat available to restore tile to original colour. Versatility ° 610w610 nnrn (2'x 2") Square Tiles ' Easy to handle during installation and less waste due totrimming. * |mdoprundOutdomrUoe - Ti|escanbe used outdoors 000 permanent surface os well oz indoors with noadhesive, allowing for relocation at o later time. (Unglued N|os must have o barrier to prevent shifting). * Accessible In keeping with our commitment 10 mccessibIe play enwironnoents'k]dTiles- surfoces provide o firm and stable surface that can be used by children of all abilities. Black Red Oxide Green Oxide /;9 • 1'- 0 7ox fl CA QC, o x z Z2 15. E t. 0. o — t! 08 E E ;; � Ln ii ii 0 1'- 0 7ox fl CA QC, o x z Z2 15. E o� w� e A r•-, -, nr .. ter,. <,- - , r. , c^, r, .-, ,--. -,.-„" ac-, - -.,. 4a CL CY s ssiTii o u `? r•-, -, nr .. ter,. <,- - , r. , c^, r, .-, ,--. -,.-„" ac-, - -.,. t"Ll, u-, - - -- I UE E FA FA <� \q . � _ . §�\ . j� 7�) // kjl;)/ L)�' _-IC' - I- Revision 93 Date 5/94 Bicycle Rack overall dimensions shall be 32-1/2" high x 35-114" wide x 10` long. Horizontal ft=ework $11311 be 1- 5/8" O.D. steel pipe. Ladder racks shall be hot-dipped galvaniud after fabricatiOm End frames shah be 1-5/8" O.D. galvanized steel pipe bent on a 5" center line radius. Vertical wheel supports shall be 112" steel bars spaced to hold 9 bikes or mopes on each side (18 total). Galvanized rain caps shall be welded on to cover all open pipe ends. _____Ivf Portable Bike Racks a Available in 1.5 rn (51 or 3.0 M (101 lent 'o hold up to eight or eighteen bikes, respeLiively @ Hot-dipped golvanised for year after year of weatherability Can be boiled to concrete for added security 100000406 long bike rack 45 kg (100 100000405 3,0 M (10') long bike rack 73 kg J160 lbs.) 11-24 cc-, t' . " The following are copies of correspondence we have had with the following organizations: Community Services, Recreation & Parks Division Irving Oil Limited, Refining Division. CHAMPLAIN HEIGHTS SCHOOL I I I CHAMPLAIN DR. SAINT JOHN, N.B. E2J 3E4 Phone 606-658-5335 Fax 506-643-6096 MMUM Dr. Maxwell Trask, Superintendent, School Districts 6 & 8 384 Lancaster Ave., Saint John, N.B. E2M 2L5 Dear Dr. Trask, I am writing this letter to obtain your permission to proceed with a Playground Equipment Project in conjunction with the Champlain Heights Home & School Association and the Parks & Recreation Dept. Of the City of Saint John. Two years ago the Home & School Association and the School Staff identified a need for additional playground equipment in the school yard adjacent to the school. In 19894 90 we had taken part in a similar project with the same partners which resulted in the equipment that is currently in use. This equipment has served us well over the years, however, we feel there is a need for additional equipment. Currently the use of this equipment is split among different age groups in the school on different days. Additional equipment would allow all of the children access on all school days. This playground also serves as a community playground after school hours and during summer holiday periods when the Home and School Association in conjunction with the City Parks & Recreation Dept, operate a summer playground program for elementary aged children from our facility. The cost of this equipment was $12,000 when we obtained specifications in 1996. This cost was to be shared equally between the Home & School Assoc. and the City under a standing program that they have. As those figures are two years old the cost may have risen somewhat, perhaps to as much as $15,000. The Home & School currently has $4,000 in the bank as part of their $6,000-$7,500 share. Recently contact has been made with Irving Oil to see if they would be interested in supporting our project. I have been talking to refinery manager Bob Chalmers and he asked Mr, Emil Olsen of his staff to contact me as well. Mr Olsen attended a meeting JUL-09-1998 15:35 6436095 96% P.02 recently of Home & School representatives, myself and a representative of the City Parks & Recreation Dept. Mr. Olsen expressed a genuine interest for Irving Oil to be involved in this project. This involvement may not be a cash donation, but could be a donation of materials or services which could help to make up the balance of the Home & school's 50% of this project. The Home & School is updating their figures with the equipment supplier at present and will submit a list of costs and materials and services needed to Mr. Olsen shortly to see if there are items which they could contribute to this project. At that meeting we also had some preliminary discussions about future projects that the School, The Home & School, The City Parks and Recreation Dept. and the Irvings could become involved with. Things discussed were in the nature of Civic Beautification Projects which concerned School, Provincial, and Civic properties which are adjacent to the school. We discussed the lawn area in front of the school and the Park area in the traffic circle in front of the school. It was thought that this area would lend itself to an upgrading project in terms of flower beds, shrubs, and lawn improvements. The City Representative was very enthusiastic about the project they had carried out his spring with Centennial School in the North End and the improvements they had made to flower beds on Main Street. It was thought that the area mentioned above might lend itself to a similar kind of project next Spring, We also had some discussion about property adjacent to the south side of the school. This is currently a bushy, wooded area. It is an unused area, subject at times to petty vandalism, and a concern of neighborhood parents, as it acts as drawing card for teenagers. We talked briefly about what could be done to improve this area and create more of a park-like atmosphere there, but realized that because of the nature of the ownership of the land and its proximity to homes on adjoining streets there would have to be extensive discussions and planning with various stake holders before anything could be firmed up in this area, but that this could form a basis for a Phase Three of a plan, perhaps for the year 2000. 1 have attached a sketch of the school property and marked areas discussed above. I havd also attached a schematic of the type of equipment that we hope to install, supplied to us by the manufacturer of the equipment. I hope this information will enable, you to give us permission to go ahead with Phase One of this project in the very near future. If there is other information that you need please contact me. Sincerely, /John A. Moore Principal T1 H —rare_ 4 000 4 a' • -.?C C A 7C MC77 47*✓ P (;I-:z Community Services Recreation & Parks July 16,1998 Bernie Morrison Director Margaret Thompson President Champlain Heights Home & School Assoc. 23 Eastwood Drive Saint John, N.B. E2J 4K7 M�= P.O. Box 1971 Saint John New Brunswick Canada E21- 4L1 506 658-2908 Fax 506 658-2902 2 City of Saint John As per the meeting held on Tuesday July 07, 1998 the following information outlines the Recreation & Parks Division and the City of Saint John's procedures with respect to Community Development and Land for Public Purposes Program Another condition of this project is that all equipment must be professionally installed. No community group is allowed to do this on their own. As I previously noted to you aU persons in your group would be liable if injury occurred. When ordering your equipment you must request a supplied and installed price quote. The only thing that your group could do is the site preparation, and, sand and border installation. Once you have completed your fundraising phase I would be more than pleased to meet with your Home and School Association again. If you have any concerns or questions please feel free to contact me at 649-6027. I wish you success in your endeavour to achieve this worthy project for the children of Champlain Heights School and the surrounding community. I know all of these children will benefit greatly from the additional equipment. Sincerely yours, Susan Fitzpatrick Recreation Supervisor Community Development & Community Centres Mr. John A Moore, Principal, Champlain Heights School, 1 1 1 Champlain Drive, Saint John, N. B., E21 3F,4. RIMM3 Om Education SCtInni DiAtuictm 6 & a iNew.90 Drunswick In response to your letter of July 8, 1999, in which you outline plans to enhance the playground and green areas around Champlain Hcights School in three phases with the help of the City of Saint John and the Irving Refinery as partners in this project. I am pleased to give you approval to Proceed with the ftmt phase of this project, being the installation of additional playground equipment. I regret that our fiscal situation is such that we only can offer you moral support at this time. It is understood that the playground is used by the community now and that arrangement of course will continue, We are very appreciative of the financial and "in kind" contributions made by the various home and school associations and the business community in Saint John generally. Please convey to the members of the Champlain Heights Home and School Association and the representatives of your partners in this project our appreciation as well. Sincerely, Maxwell Trask, Ph.D., Superintendent. /mas cc: Chris Toole, Director orFinance and Administration Gerry Boyce, Maintenance Manager Tel,: (506) 6%53OD Me of the= ndent Fax: (500) 65&5 99 School Vistri 304 lAnciStcr AVtnW Saint john New Brunswick cAmade L12M -20 TOO/TOOd 0b0 `tit 960WV9 *- e + 9 is ICI -03H:)S 9Z*TE es /ST /L0 SEP-09-1998 15 :47 6436095 96% P.02 CHAMPLAIN HEIGHTS HOME & SCHOOL ASSOCIATION I I I Champlain Drive, Saint John, N.B. E2J 3E4 October 29, 1998 DELIVERED BY HAND Irving Oil Refinery Saint John, New Brunswick Att: Mr. Robert Chalmers, General Manager Dear Mr. Chalmers: I am writing on behalf of the Champlain Heights Home & School Association to formerly request your support with our Community Play Park Project. For over sixty years the Home & School Association has been a strong link between the school system, parents and the community. This is why we are asking the support of our neighbours to help with this project. With the equipment we currently have the school must schedule the time which a class uses the facilities, as it is of limited supply. In the near future our school is slated to become a French Immersion school, so we are expecting our enrollment will increase significantly. With this increase will come the need for more equipment. We are hoping to, raise enovigh funds to purchase and install new equipment which has a projected total cost of just over $52,000,00. So far through the efforts of our children with various fund- raising ventures we have raised over $4,000.00, a long way from our goal, but a big step from the bottom. This project is divided into four phases. Phase I and 11 is the actual purchase and installation of the playground equipment. These phases have a projected deadline of December 11, 1998 weather permitting. Phase III is a community beautification project of the Simonds Park located directly in front of the school and is slated for the spring of 1999, Phase IV is a project in conjunction with the Provincial and Local Government which involves the clean-up and development of the wooded area adjacent to the school. We are hoping to develop this area into a nature trail/walkway system that can be utilize by both the community and the school. This phase is planned to begin in the late spring of 1999 with completion as a year 2000 project. Page 2 The Home & School Association has contacted the Department of Community Services and have been informed on the correct procedures to apply for funding through the Land for Public Purpose Fund (LPP). This fund is available for community use once the applicant has raised fifty percent of the funds needed to complete their project. We are hoping that, as our neighbour, your company will consider working with us on this community project. Any assistance your company would be willing to provide would be greatly appreciated by both the school and the community. You will find attached a package with a complete breakdown of Phase I & II including specs, costs and a scaled blueprint as well as our financial statement outlining our fund-raising efforts both completed and projected. Also enclosed is an outline of Phase III & IV for which there is no cost analysis developed at this time. In closing, I would like to thank you on behalf of the school, community and the Home & School Association for your kind consideration of this request. We appreciate any support your company is able to provide at this time. If you require any further information, please feel free to contact me. Sincerely, Margaret A. Thompson, President, Champlain Heights Home & School Association (506) 696-4277 IRVING OIL LIMITED P.O. BOX 1260 SAINT JOHN, N.B., CANADA REFINING DIVISION E2L4H6 JI�RVING TEL. �506) 633-3000 7w'� FAX: (506) 633-4050 June 18, 1999 Mrs. Margaret A. Thompson, President, Champlain Heights Home & School Association Dear Mrs. Thompson, The Irving Oil Limited, Refining Division is pleased to advise the members of the Champlain Heights Home and School Association of their commitment to purchase three major pieces of playground equipment, at an approximate cost of $22,000.00, in support of their Community Play Park Project. When the remainder of the funding has been secured and you are sure the project will proceed please advise Mr. Emil Olsen and the equipment will be ordered. We are very pleased to be able to partner with you on this worth while initiative for the youth of our neighbours. Sincerely yours, R.A. Chalmers, General Manager Cc: John Moore, Principal Champlain Heights School Susan Fitzpatrick, Community Services Representative, City of Saint John Full Drawing in Archives / .� | T----- | ' . . .� .� 29 Simpson give Saint John, . E2H 2B7 ... Mayor and Councillors City of Saint P.C. Box 1971 ,Saint John, NB Re: #1 Property occupied by Comstock of Canada, 600 Rothesay Avenue - a commercial zone. #2 Property on Tim ,Street used for storage - a residential zone. The properties in question are being used to rake and stare very large pipes for the Irving Oil Refinery Expansion. A playground and school are directly across the narrow street. For many years the property has been used for industrial work but it was always carried on indoors even to the loading and unloading of transports. At the close of the day, 5PM, you would not know a business was inside as the outside was immaculate. Another business, Comstock of Canada, has made a very different scene in, the area.. Please note the photo of the areas involved. These were taken onifferent days. Our whole neighbourhood is upset with the dangerous conditions, the array of pipes and heavy machinery and heavy vehicles used to load and unload these large pipes. The street entrance to our residential area is disgraceful with pipes lying right out to the street pavement. It is very dangerous turning from Rothesay Avenue onto Tim Street. Extra long tractor trailer vehicles are parked on the wrong side of the narrow street and sometimes, with the close proximity to Rothesay Avenue, when these trucks and other industrial machinery are being moved one can hardly get out of the way of oncoming traffic while turning onto Tim Street. There is an entrance to the playground within 75 to 100' of this turbulent area. Large pipes are piled daily outside the door of this large building, Not only are they there through the day while men work on them, they are left piled right to the edge of the street for 24 hours of the day.. When children are out of school at noon and after school it is sca'r'y to see all this heavy equipment so close to a school and playground. The playground is used year round and the school ten months plus whatever programs might go on in the summer. There are activities at night at the school and also the west exit of the school has children exiting to meet parents or caregivers that are parked, waiting for the children.. This is all such a dangerous situation. The unsightliness is yet another big problem, which includes the Tire Street property. The building at 600 Rothesay Avenue is huge and has huge doers, which allow tractor trailers to lack in and even load the pipe that should be stored in the building. This is industrial work and should not be near our homes playgrounds and schools. The Noise pollution from the tractor trailers, liftjacks and other equipment used to move this piping certainly is helping to devaluate our properties. Also, the heavy trucks are shaking the foundations of our homes even to ruining our chimneys. You will mote on one of the photos, a very long tractor- trailer parked on the wrong side of Tien Street but headed toward Rothesay Avenue_ It sat there parked approximately five minutes. When it was noticed that pictures were being taken, the driver backed up this huge trailer to park on the proper side of the street. When I saw that vehicle being backed up such a distance while being within 75' ofa playground and school I cringed. There is a "no trucks" sign on Simpson ]give that is ignored. This is a residential street and Tim Street is also. There is access to Comstock from Rothesay Avenue albeit still near to the playground. There is plenty of room inside this huge building to store pipe and work on pipes. A tractor - trailer has plenty of room to back in to the building and be loaded using their power lifts inside. A high fence should be around all outside piping stored on Tim ,Street and all loading should be inside this fence and then. the Rothesay Avenue exit be used to exit the area. I see children daily over in the Tim. Street area. Kids are curious and somebody is going to be crushed, maimed or killed by these pipes and/or equipment. We, as residents of the area, have signed a petition to have the area brought up to safe standards and the petition is part of this letter. Again, the building at biltl Rothesay Avenue is zoned commercial and the Tim Street area is zoned residential. There is no reason homes cannot be built on Tiro Street. It should certainly not be zoned "industrial ". While this present situation may be only a two or three year contract, it could go on like this forever. The company does not seem to respect others. Noise pollution is another problem. We ask you to put strong restrictions on the use of this property and have the whole area cleaned up. We do not want to have a child injured or killed and a very dangerous situation is present concerning traffic and traffic rules. Please, Mayor and Council, protect our children and grandchildren, our safety, the value of our homes and the peaceful neighbourhood, which we had. in the past. We want progress but not at the expense of our way of life. The names of concerned citizens are attached and I hope you will tape our concerns to heart and protect our community, The following two pages contain names and addresses of concerned neighbours. Sincerely Marlene Charlton Encl. l P h z . c r 7-' 4-" 4 ,, I r - / , n o' i 1 �, ,: quavar,o (Officr R"I" ninf 3 R XT4n, N4 P� WHEREAS. the Municipality of Saint John believes that it is beneficial for all Canadians to recognize the contributions of First Nations in Canada's development; and ITWEREAS: the opportunity to learn more about the Aboriginal Cultural heritage of Canada, especially for our young people, will assist in creating harmony among all Canadians and promote a greater appreciation and acceptance of each other's point of view; and TPHEREAS: the summer solstice holds special significance for many Aboriginal groups, many of whom already celebrate their cultures and heritage on that day, Canada has designated June 21't as National Aboriginal Day; and WHEREAS. it is especially appropriate to initiate National Aboriginal Day during the United Nations International Decade of the World's Indigenous Peoples; NO W THEREFORE: 1, Shirley A. McA!Iar &WeM4Ae--P1.1Mayor of jrp� the City of Saint John, do hereby proclai /June 21, 19 9 as `Natzon � Aboriginal Day" in the City of Saint John. IN WITNESS WHEREOF I have set my hand and caused the seal of the Mayoralty of the City of Saint John to be affixed hereto. P. Q. E30X 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 41-1 - (506) 658-2912 . agar'z Mia WHEREAS: the Trans Canada Trail is more than a simple pathway on the ground, it represents the "spirit of our nation." It is a realizatiori of a legacy project — a gift to all Canadians and to the world, built by Canadians. WHERE, AS: Individual Canadians, corporations, volunteers, schools, service clubs, recreation associations, and governments have united their efforts and worked diligently for over seven years to create a new symbol of Canada. WHEREAS: the Trans Canada Trail will connect Canada from the Arctic to the Pacific and Atlantic Oceans — 16,110 kilometres of pathway for walkers, hikers, cyclists, horseback riders, snowmobiles and cross- country skiers. The Trans Canada Trail will be the longest recreation trail in the world, linking every province and territory. WHEREAS: the Trans Canada Trail — Relay 2000 is a Millennium Project that will excite Canadians about the Trail and draw world wide attention. Trans Canada Trail — Relay 2000 is based on a relay of participants who will carry ocean water from the three oceans of Canada, along the trail through hundreds of towns and communities along its route. NOW THEREFORE: I, Shirley A. McA la ty, ayor of the City of Saint John declare our particip /ion in the rans anada ail Relay 2000, and declare it an official millennium project. P. 0, BOX 1971, SAINT JOHN, NEW BRUNSWICK, CANADA E2L 4L1 0 (506) 658-2912 C'(t,v Hall 5 A/1-'-11- C"t Sq, arc Her Worship Mayor Shirley McAlary and Members of the Common Council City of Saint John Dear Mayor and Fellow Councillors. P0, Box 19711 S',,'nt john New Canada E21.61,1 City of Saint John I am requesting an update from City staff on properties on Victoria Street North that were either to have been demolished or repaired. I am receiving complaints from the residents of that area regarding concerns relating to the unsightly properties, the possibility of fires, and the safety of their children. Respectfully yours, I/ X Ivan Court COUNCILLOR office of the Mary L Munford Common ClUk Common Clerk • e W June 24, 1999 P.O. Box 19 71 -506 658-2862 Saint John New Brunswick Canada E2L 41,1 Her Worship Mayor Shirley A. McAlary and Members of Common Council Your Worship and Members of Common Council: R. City of Saint John It has recently come to my attention that a number of our citizens who require a wheelchair for their mobility are having considerable difficulty with the condition of a number of city street crossings. They find it extremely difficult to navigate locations in and around King's Square, Loyalist Burial Ground, King Street, the City Market, and I am sure others exist. While I am sure there are many positive areas, access to the above locations should be accessible to all citizens. I would like to propose a motion to require City staff do an inventory of locations in our City and remedy those locations to improve access to all citizens. This action may require staff to confirm with citizens of our City which actually have to use our streets and access buildings on a wheelchair (Ability Advisory Committee), Respectfully submitt9o, U, Christopher T. Titus CoW.1cillor CTT/jaf a M & C — 99 -232 city of saint Join 24 June, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Fire (Department Uniforms I ClILG 1 C!!.ZIl0AI!7 Tenders have been received for the supply of new uniforms for the Saint John Fire Department. ANALYSIS. Three companies chose to respond to this years tender by submitting bids. A summary of the tenders is enclosed for your consideration. Staff of the fire Department and Materials Management have reviewed the bids and have found two bids to be complete in every regard and one (Key Industries) to be incomplete as there were no samples supplied. The cost to purchase new uniforms for the Fire Department, if awarded as recommended, will be $32,763.00 plus tax. This is a planned expenditure and as such, hinds are included in the 1999 operating budget. I N QCitIIIIUT its i me It is recommended that the tender submitted by Atlantic Police & Security Supply Ltd., for the supply of new uniforms for the Saint John Fire Department, be accepted as indicated on the enclosed summary of bids. Respectfully submitted, drew eckett, Commi ian,er Finan T. L. Totten, CA City Manager BID SUMMARY 99 Closing Date: Wed., June 23, 1999 Requester) By: Fire Department, Mary Gillan DESCRIPTION R. Nicholls Atlantic Police Key Industries Tact Shirts — Short Sleeve 24M 24.66 * 45.40 Tack Shirts -- Long Sleeve 26.90 26,40 * 48.00 Tact Pants 47.00 44.44 * 34.80 DELIVERY 8 Weeks 6 Weeks 5 Weeks ( *) INDICATES RECEINMIENDATION BUYER: Cindy Calvin .O COUNCIL & C — 99 -217 June 17, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sand, Gravel and Aggregates Each year the City calls a tender for the establishment of a supply agreement for the provision of sand, gravel and aggregates. By establishing a supply agreement in this fashion, various City departments are provided with a vehicle through which to purchase these items, as and when required, for a price which has been fixed for the duration of the agreement and from a vendor who has been selected as the result of a competitive bid process. Departments which normally take advantage of this agreement include Works, Water and Sewerage and Recreation and Parks. The enclosed summary of bids illustrates the various conditions under which a supplier is required to provide the materials awarded to him. These include; loaded on City trucks at the vendors location or delivered by the vendors' vehicles to various job sites or established stock piles. Nine companies chose to respond to the City's tender call by submitting bids for various items. �d J�Ma.r. y�wiwa nc� City of Saint John & C — 99 -217 June 17, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sand, Gravel and Aggregates Each year the City calls a tender for the establishment of a supply agreement for the provision of sand, gravel and aggregates. By establishing a supply agreement in this fashion, various City departments are provided with a vehicle through which to purchase these items, as and when required, for a price which has been fixed for the duration of the agreement and from a vendor who has been selected as the result of a competitive bid process. Departments which normally take advantage of this agreement include Works, Water and Sewerage and Recreation and Parks. The enclosed summary of bids illustrates the various conditions under which a supplier is required to provide the materials awarded to him. These include; loaded on City trucks at the vendors location or delivered by the vendors' vehicles to various job sites or established stock piles. Nine companies chose to respond to the City's tender call by submitting bids for various items. ANALYSIS: Staff of the various user departments along with staff of Materials Management have reviewed the tenders received and have found them all to be complete in every regard. As a condition of award, companies who operate gravel pits within the boundaries of the City of Saint John, are required to obtain a "Permit to Excavate Land" from the City. Staff of Materials Management and Building and Technical Services have reviewed the list of respondents and have determined that of those who are required to obtain permits, all either already have permits or have made application and are awaiting final determination by the City. The Building Inspector does not wish his work to delay the award of this tender, nor to cause any bidder to have his tender rejected because a permit has yet to be issued. The Building Inspector recommends and staff agree, that the tenders for the supply of sand, gravel and aggregates be awarded on the condition that orders not be placed with those who have yet to receive their permit, until advised by the Building Inspector that we are authorized to do so. FINANCIAL IMPLICATIONS: Although it is impossible, with any degree of certainty, to predict the annual usage for the items contained in this supply agreement, staff estimates that the City will spend in the area of $600,000.00 on the purchase of sand, gravel and aggregates in 1999/2000. Staff have reviewed the 1998/99 usage records and have found the actual expenditure, during the period of coverage, was $475,491.06 (taxes included). Funds to cover the cost to purchase this material are included in the annual operating and capital budgets of the user departments identified in this report. _3- It is recommended that the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate, for a period of one (1) year from the date of award by Council, be awarded as indicated on the enclosed summary of bids. Respectfully submit .d David4Zjan, WP B Purchasing Agent A rew P. eckett, CA Commis er of Financ T. L. Totten, CA City Manager a d W W q rz W aa° °Sad % Q (� Q u' p Q a G, MI �I +n V a N Ft +n Vi V1 + +n �n o r r n � 1 ,Fi In W rl er ,ri I I ! O = i� In M i!) In wi cn V) C Q W U 1 ✓ G h W C C CL a a w c c c c U c a. e F ol w Ca Q w L Q Ci O 9n 6fe [N E G O fy � 0 OO O ice- Cl C11 V) o j rya +� +n +ri M M r•i <t L) J C1 t,() Q Ci DO !f Ifl In r N b cu m C U i M i! "t' b5 0 kFl �t ly Ff? 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C1 VI o Qn Cl kr, V) V) V) V) F, to t V) a V) < 4� C, LW Ln ER U u F u u u V U u w U-1 w LU w w w w w w a > >> > uj LIJ T Ei C, E E E mi 121 2 C) � 101 C) 0� C G� 'A4 Ln w LU �Q 0 V) 'A4 _ o a � � C .0 U 7 -p Q O U m � c o , 7 � L O ai (} Q i L ll C } fl w � ty_73 °7' if7 J v n cp 1211 a°JLu no IT >> b p, w w w w cn b - LL w a s a s W iJ = c p c' C7 0 C) CD o 0 0 0 0 o U 7r U by [] It Ch CT cf O o W IL ti N .-y ul Lu L3 LLt (] a; W IJ.f > LE! > LLO > C 4 G d Q O J M M M C � � Ul p n � e C ° °® JUT¢ v45O C v 49 69 Vi _ o a � � C .0 U 7 -p Q O U m � c o , 7 � L O ai (} Q i L ll C } fl w � ty_73 °7' if7 J a U) cn W iJ U) C7 y U U U [] w CJ j W ti ul Lu L3 LLt (] a; W IJ.f > LE! > LLO > Ul REPORT TO COMMON COUNCIL M & C — 99 -230 24 .Dune, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Roof Replacement Tenders were called in 1999 for roofing at (A) Fire Station #1, 45 Leinster Street and, (B) Municipal Operations Complex, 175 Rothesay Avenue. The existing roof at Fire Station 91 is twenty four years old and at the end of it's useful life. The existing roof at the Municipal Operations Complex is fourteen years old and has been leaking in three different areas. The original manufacturer has gone out of business and all efforts to repair these leaks have failed. ANALYSIS: As a condition of this tender, bidders are to be members of the Canadian Roofer Contractors Association (CRCA) and provide the City of Saint John with a minimum I0 -year labour and materials manufacturer's warranty. This warranty provides the City with a form of recourse in the event of roof failure, even if the contractor is no longer available. Staff from Materials Management and Real Estate and Facilities Management have reviewed all of the bids and find them complete in every regard. Summaries of the tender bids are included for your consideration. PAGE TWO If awarded as recommended, to the lowest bidder, to meet all of the requirements of the tender, the total cost for roof replacement at Fire Station #1 will be ;$41,305.93 plus tax. The total cost for roof replacement at the Municipal Operations complex will be $36,636.31 plus tax. This is a planned expenditure for which funds have been provided in the 1999 Capital Budget. It is recommended that the tenders of Martin's Roofing Ltd., in the amounts of $41,305.93 plus tax, for roof replacement at Fire Station 41 and $36,636.31 plus tax for the Municipal Operations Complex Lancaster Arena, be accepted. Purchasing Agent W. sio T. L. Totten, CA City Manager w E w un a 00 E-� H W R� U� Hw z z F-4 �T* 00 rn a e O w Q o �4 W Un o vNi o i z o 0 � A as H �C W -r. / � ¢ > a W a b $ w w � � \ \\ % f?/ 2 4 U a Q � k � 0 4 2 c / wk 2� ®c �g � % y 7� 2 A. _ \�\�\ A \ � � 7 7 .Q y w � � / \ 2 § 7 � . � / d \ � ® k q § § = o �7 /U � .... . ..... II.-I'—.-.-.-.-.-.-...-.."..-1-11 .-..—.-,-,-,.F�,—"--,-,-...".-."--.-', . ....... REPORT TO COMMON COUNCIL M &, C 99 -220 47% June 17, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council. SUBJECT: City of SaintJohn Contract 99 - 4: Crack Sealing - 1999 The 1999 Capital Program for Transportation includes an allowance for crack sealing asphalt pavements on various City streets, as per the attached list. The total length of asphalt cracks to be repaired is approximately 10,000 metres. The work consists generally of routing the asphalt pavement cracks to a certain width, cleaning by high velocity blowers and immediately filling the cracks with a hot rubberized joint sealing compound which adheres and seals the cracks in asphalt pavements. A sprinkle of cement or agricultural lime is then applied to prevent tracking of the sealant by vehicular traffic. By sealing cracks,, the chance of water entering the subgrade is greatly diminished which is generally the primary cause, winter or summer, for further pavement deterioration, and the creation of potholes. Tender closed on June 9, 1999, with the following results: 1) Road Savers Maritime Limited $14,800.00 Chester, Nova Scotia 2) Crown Paving Limited $17,200,00 Mount Pearl, Newfoundland 3) Niagara Crack Sealing $35,500.00 Niagara Falls, Ontario The Engineer's estimate for the work was $20,000.00 M &, C 99 - 220 June 17, 1999 Page 2 ANALYSIS Staff have reviewed the tenders and all tenders were found respects. Staff are of the opinion that the low tenderer expertise and the resources to perform the work. to be formal in all has the necessary There is $20,000.00 provided for this project in the 1999 Capital Program for Transportation. The contract is prepared in such a way that the extent of the work can be increased, without any penalty, and without exceeding the City's budget. It is, therefore, staff's intention to monitor the progress of the work, and maintain the expenses to the budget allocation. I RXCOW) W k I It is recommended that Contract 99-4: Crack Scaling - 1999, be awarded to the low tenderer, Road Savers Maritime Limited, at their tender price of $14,800.00, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. M &, C 99-220 June 17, 1999 Page 3 CONTRACT 99 - 4 CRACK SEALING - 1999 LIST OF STREETS TO BE CRACK SEALED CArnm = T" 1. Black Street 2. Church Avenue 3. Gerard Street 4. Heather Way 5. Lakeview Drive 6. Lakewood Avenue 7. Main Street West 8, Millidge Avenue 9. Northumberland Avenue 10. Saint Catherine Street 11, Sewell Street 12. University Avenue 13. Westfield Road 14. Westmorland Road LIMITS Daniel Avenue to Wasson Court Main Street West to Dever Road Parkhill Drive to Westmorland Road Hickey Road to Grandview Avenue Loch Lomond Road to Willie Avenue Lakeview Drive to dead end of street Railroad tracks at Simms Corner to Church Avenue Boars Head road to University Avenue Westmorland Road to McLaughlin Crescent Rothesay Avenue to Atlantic Avenue Dorchester Street to Station Street Woodhaven Drive to Varsity Street Tracy Lane to Highway No. 177 Margaret Street to Loch Lomond Road REPORT TO COMMON COUNCIL M&C 99- 229 June 24, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, Contract 99-17: Curb and Sidewalk Construction M11,13 City of Saint J A n The 1999 Capital Program for Transportation includes a number of projects which contain provision for concrete curb and sidewalk construction. Several of these projects have been assembled as a contract which combines work on a number of streets as indicated on the attached listing. The work generally consists of supplying all labour, materials and equipment necessary for the construction of approximately 4,263 lineal metres of concrete curbing, 2,490 lineal metres of concrete sidewalk, 3,464 square metres of nursery sod, as well as miscellaneous work involving replacement of water service lines, associated storm drainage improvements and other related work. TENDER RESULTS: Tenders closed on June 9, 1999, with the following results: 1) Fairville Construction Ltd. $714,536,25 Saint John, N.B. 2) Nautilus Construction &, Rentals Ltd. $743,015.08 Saint John, N.B. The Engineer's estimate for the work was $718,900.00. M &C99-229 June 24, 1999 Page 2 ANALYSIS The tenders were reviewed by staff and tenders were found to be formal with the exception of the tender submitted by Nautilus Construction & Rentals Ltd. which contained a minor mathematical error. The above figure represents the corrected total as per Section 4 of the Tendering Procedures for Purchase of Services. Staff are of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. It should be noted that this contract includes a project on Woodward. Avenue adjacent to the Park Lane Estates Subdivision. According to the Subdivision Agreement which was signed on September 16, 1996, the Developer was responsible to construct 272 metres of curb and 103 metres of sidewalk. However, the work was not completed and the security deposit of $36,000.00 was seized. All work that is to be carried out on this project will be paid for utilizing the security deposit. FINANCIAL IMPLICATIONS The contract includes work that is charged against several different Capital work projects. Assuming award of this contract to the lowest tenderer, an analysis has been completed which includes the estimated amount of work on these various individual projects that will be performed by City forces and others. The analysis concludes that a total amount of $721,000 was provided in the budgets, and that the projected completion cost of the ten projects included in the contract is estimated to be $765,711.08, leaving a budget shortfall of $44,711.08. Review of the 1999 Transportation Capital Program indicate that funds are available, due to projected budget surplus in other 1999 contracts which have been awarded by Council, to cover this shortfall without overspending the approved budget envelope for 1999. RECOMMENDATION It is recommended that Contract 99 -17: Curb and Sidewalk Construction, be awarded to the low tenderer, Fairville Construction Ltd., at their tender price of $714,536.25, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Re sp ectfull�ubmittcd, y, E ng . zf6—r Muni Z'D',all/0-Derations Terrence L. Totten, C.A. City Manager Attachment M & C 99 -229 June 24, 1999 Page 3 CONTRACT 99 -17 CURB AND SIDEWALK CONSTRUCTION STREET NAME 1, Carmarthen Street 2. Charlotte Street 3. Greendale Crescent 4. Loch Lomond Road. . Mount Pleasant Avenue East 6. Princess Street 7. Tilley Avenue 8, Union Street 9. Walter Street 10. Woodward Avenue LIST OF STREETS LIMITS King Street East to Leinster Street Princess Street to Duke Street Dever Road to Mollins Derive McAllister Drive to Garnett Road Bayside Drive to Pleasant City Street Sydney Street to Wentworth Street McKenna Crescent to end Crown Street to Wentworth Street Simpson Drive to end Boars Head Road for 270 metres westward V) a) CSd 0) LL A� LU LU < z Cl ui fr LU 0 rr U) 0 < Z < rr 0 z z V 0 u LU 0 U) 0 z 0 0 CC) C; o 0 cn 0 0 0 CL L 6 (D L L Cf) (I> > LL 0 _0 cc 0 C: ca (D +1 >- E5 co •- ca a) a) Q) D _0 CD W 0 4- -le U RS co 0 CL U co :t 0 U cn m 4 1: 0 0 co m -; 4-� E L 4— m 0 co 0 0 "0 11— ea D 0 0 0 ad 0 d co (o CY) 0 0 0 as O C) 0 0 0 0) 0) co cy 0 :3 to 0 0 - 0 o 0 0 . 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I T- -�.e 00 M L6 -0 0 U) a) LO _0 a) w 00 N -E co o 4� :0 ca m co z co U) z E LU ui LU LU 0 L)l r (N Cyi 210 M &C 99- 227 June 21, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, s Status Report —1999 Capital Programs *-, City of saint, John, BACKGROUND system of status rep programs rtowould tbepp�® provided onta meeting of April a, 1999, whereby reports on 1, ust 31, November 30 and quarterly basis for the periods ending May 31, Aug February 28 of each year. This report is being submitted ietular�and timely osiat s 1999 construction season for the period ending mtool May for every level of responsibility. reporting is an essential program manag udget hou h it is staffs intention to provide Council with a detailed ai e h this report. analysis The Alt g process, it is not possible to d P art of the status reporting p new financial management system is not yet 11 be available far then t and future on Capital programs. the detailed analysis w quarterly reports. ANALYSIS roved b Common Council on March 1, 1999, can The 1999 Capital programs, as app y be broken down into two distinct areas. These are Gene Nate and Sewerage the Transportation, Storm and Environment Programs er and Infrastructure programs. Utility Fund consisting of the Water, Sanitary R„ m& c-99-227 Status Report —1999 Capital Program Page 2 General Fund Pro rams a) Transportation Contract 99-1: Curb and Sidewalk Construction, presently underway, involves curbing, sidewalk, water service renewals, drainage improvements and other related work. All streets contained in this contract also will be resurfaced under a separate contract. A second contract for cur redCOmmendaton , C9- 17 has been tendered and closed on June 9. A for award will be forthcoming for Council approval. Contract 99-2: Asphalt Resurfacing, includes all the projects approved for resurfacing in the Capital Transportation Program as well as the Maintenance Resurfacing Program, except for Lakewood Avenue Extension which is to be carried out by City forces. This tender has been awarded and construction Will begin by the first of July. Contract 99-3 was awarded for the placement of a single coat chipseal on various roads that require resurfacing. The work is scheduled to start in the second week of July. Tenders closed for Contract 99-4: Cracksealing on June 10 and is expected to be awarded by Council soon. The work consists of the installation of rubberized sealant in cracks on various street surfaces to prevent water penetration and subsequent surface failure. Contract 99-6: Curb Construction involves curbing, sub-base preparation for sidewalk, water service renewal, storm drainage improvements and other related I work. This contract has been awarded and construction i is presently in progress Related sidewalks are under construction by City forces, Design work is presently being completed for a retaining wall at Ravenscliffe Court that will be tendered in August and also on Charles Street and Westview Drive that will be reconstructed by City forces. city Works crews have been il issued work orders for culvert work, curb and sidewalk restoration, guidera construction, street landscaping and a short extension of Lakewood Avenue. Additional work to be carried out by City forces includes the realignment of a section of Loch Lomond Road and upgrading of a portion of Owens Road. Land acquisition has also been initiated for various projects, including Rothesay Avenue between Tim Street and McAllister Drive and Simms Corner, in anticipation of future street upgradings, M & C- 99-227 Status Report —1999 Capital Program Page 3 As Council is aware, Rothesay Avenue between Marco Polo Bridge and Russell Street is programmed for reconstruction in 1999 - partial replacement of curb and gutter, sidewalk and resurfacing. The Province's share of funding for this work has yet to be committed. Without that funding, which represents the lion's share of overall project costs, we will not be able to proceed with the work this year. b) Storm Drainage Projects within the Storm Sewer budget are presently being designed in conjunction with water and sanitary sewer renewal designs. These projects include Sherbrooke Street, which has been advertised with the tender closing on July 14, and Milford Road (near Violet Street). Projects for which the design is being finalized include Bayside Drive (near Mount Pleasant Avenue), Victoria Street East, Carpenter Place, Manawagonish Creek, Westfield Road, a culvert renewal under Golden Grove Road and a number of projects within the Local Drainage budget. Work has been ongoing in Marsh Creek to improve flow characteristics and tide boards are being fabricated for installation at strategic locations to monitor creek levels during storm flows. Contract 99 -16: Glen Falls Floodway has been awarded and construction is well underway, with completion expected by the end of July. This project has an anticipated budget surplus. Staff intends to monitor progress and expects to recommend to Council that full budget funding be expended this year as part of the awarded contract. This will provide for more flood storage volume, in the first year of construction, than had previously been estimated. c) Environment Funds within the Environment budget are matched by the Provincial Department of the Environment each year to continue with the closure of the Spruce Lake Landfill, scheduled for completion in 2004. Common Council approved $250,000, as the City's share for the project in 1999. The City has since been informed in a letter from the Minister, received at the March 17, 1999 meeting of Council, that the Province had approved $300,000 as its share for 1999. It is staff's intention to return to Council with a future recommendation for the possible deferral of a project or projects, within the General Fund, totalling $50,000 and further that these funds be added to the $250,000 presently approved, providing a new total City share of $300,000. The intention would be to take full advantage of the cost shared funds for the project by matching the approved funding level of $300,000 from the Province, providing a total expenditure of $600,000 in 1999. M & C-99-227 Status Report —1999 Capital Program Page 4 Common Council awarded Contract 99-5: Phase VIII Closure-Spruce Lake Landfill on May 25. Construction has just recently begun on the site. The low unit prices in the tender provided for a budget surplus for the project, as reported to Council at the tender award. Staff will monitor progress and costs on the project and return to Council at a later date for approval to expend all available funds for the project. Water and Sewerage Utility Fund Programs a) Water Design is presently -underway on a number of water projects: Milford Road (near Violet Street), Loch Lomond Road (near Westmorland Road), Manners Sutton Road (near end), Seacliff Drive, Tilley Laric, Mountain Road, Rothesay Avenue (at Russell Street), City Road (at Marco Polo Bridge), Ellerdale Street, Michael Crescent and Lancaster Avenue. Contracts will be called as the design and specification preparations are completed. Work Orders have been issued for work to be carried out by City forces on projects such as Fire Hydrant Markers, Fire Hydrant Relocation, Radio Frequency Meter Readers, Water Pump Stations and Water Treatment Plants. These projects are of an on-going nature and are performed throughout the construction season as schedules permit. A tender is presently being advertised, which closes on July 7, for Oakland Street and Rockwood Avenue, and also one for Sherbrooke Street, which closes on July 14. Construction will start on these projects toward the end of July. Contract 99-13 was awarded on May 17 to install 430 synthetic rubber seals inside the 900mm transmission main between Rothesay Avenue and Loch Lomond Road. City forces have excavated and opened the access covers and de- watered the transmission main. The Contractor is presently installing the seals in the vicinity of Mark Drive. The project should be complete, with the transmission main back in service, by the end of July. Research is still being completed on projects such as Lead Services and Pipeline Road East to finalize the scope of work that must be completed. Projects that are being carried out from the 1998 Capital Program as carry-over projects include Glen Road which is nearing completion and the Hunter Lake Dam which presently is having a fishway incorporated into the dam design, as a requirement by the Federal Department of Fisheries and Oceans. This project will be tendered in July. M & C-99 —227 Status Report —1999 Capital Program Page 5 b) Sanitary Sewer The design for a number of sanitary sewer projects is presently being finalized in conjunction with projects from the water and storm programs. These include Milford Road, Loch Lomond Road, Seacliff Drive and Tilley Lane. Other projects in the design phase include Rothesay Avenue (near Arrow Glass), Russell Street and Egbert Street (both having been deferred to 1999 from the 1998 program due to the Long Wharf project) and Sheriff Street. Contracts will be called as the design and specification preparations are completed. Work Orders have been issued for work to be carried out by City forces on projects such as Inspection Manholes, Sewer Cleaning and Wastewater Treatment Plants, Work is presently being carried out in Service Lateral Renewals in conjunction with the concrete curb and sidewalk contracts. As with the water projects, these jobs are of an on-going nature and scheduled throughout the construction season as time and budget limits permit. Design work is being carried out for the Hazen Creek Treatment Plant to reduce sludge quantities through a thickening process thereby reducing overall operational costs. Construction cannot be undertaken until such time as the sludge de-watering equipment is renewed at the Millidgeville Treatment Plant as part of the Infrastructure Program. This work is required initially to provide the capacity to accept the thickened sludge at the Millidgeville facility. Funds were approved, to cost-share with the Province, in the provision of a septage receiving station and access road at the Lancaster Sewage Treatment Plant. We have yet to receive notification that funds will be available from the Province for its share of these projects. Contract 99-10: Millidge Avenue Sewage Lift Station closed on May 12. Bids received were higher than expected and beyond the total approved funding levels. Staff is presently reviewing the design and cost estimates with the consultant and will return to Council with a recommendation in the near future. As previously mentioned, Contract 99-9: Sherbrooke Street has been tendered and will close on July 14 and Contract 99-11: Oakland Street and Rockwood Avenue has also been tendered and closes on July 7. These sanitary projects are part of a package with Water work. Construction on these projects will start toward the end of July. M & C-99-227 Status Report — 1999 Capital Program Page 6 c) Infrastructure Three major projects were approved by Common Council under its Infrastructure Capital Program. Two were for the North End Sewerage Scheme: the first for the construction of the Churchill Boulevard Gravity Sewer between Visart Street and Somerset Street; and the second for installation of new sludge presses at the Millidgeville Sewage Treatment Plant. As Council is aware, the Minister of the Environment has not provided the Province's 50% share for these projects. Staff will proceed with the design and specification preparation for these projects; however, we recommend deferral of construction until next year. The intent is to re-establish the commitment of at least 50150 cost sharing from the Department of the Environment. Without that kind of financial support, the timely implementation of the City's Wastewater Strategy will be very much in jeopardy. Much work remains to be done in the collection and treatment of wastewater, as well as the elimination of outfalls of untreated sewage. The third Infrastructure project approved by the City was for the Kennebecasis Drive Sewer Main: the installation of two sewage lift stations, forcemain and gravity sewer to remove sewage from the area of the Millidgeville Ferry Landing and transport it to the Millidgeville Sewage Treatment Plant. This would remove an existing septic tank and an outfall into the Kennebecasis River. As with the other two projects, cost-shared funds have not been provided by the Province. We believe that this is one project that the City should proceed with in 1999. Council had previously included some monies for this work in the 1998 Capital Program. During the design phase it was realized that the total funds approved in 1998 would not be sufficient to complete the work and, as such, the project was not tendered in 1998. The estimated construction cost is approximately $ 1,000,000, including engineering. The design process has been completed and the project is ready to be tendered for construction. It should be noted that the funds approved in 1998 had not anticipated Provincial cost sharing in the project. Council approved an additional $90,000 in the 1999 Sanitary Sewer program and $352,500 in the 1999 Infrastructure program for the project. Subject to Council's concurrence, staff would proceed with the tender call for construction by utilizing the $775,000 approved in 1998, $90,000 from the 1999 Sanitary program and approximately $135,000 from the 1999 Infrastructure program. This will provide sufficient funding to complete the required work. M & C —99-227 Status Report — 1999 Capital Program Page 7 Staff appreciates the opportunity to review the status of the City's Capital programs with Common Council. We are particularly concerned that issues related to Provincial cost sharing are understood and that appropriate steps are taken to solidify their commitment. Staff are continuing efforts with our various Provincial counterparts. It is important that staff work closely with Council to ensure that approved programs are successfully completed and responsibly managed, within the overall budget levels established by Council. Regular sharing of information will ensure the best possible results over the long term. It is recommended that this report be received and filed. ,tted, Paul Groody, P. Eng. Commissioper, Municipal Oj rati Terrence L. Totten, C.A. City Manager REPOP TO COMA460N COUNCIL I 11n, ci" y of Saint jaful, M & C 99 -218 1999 06 28 FWAO NZOA 1010 1 1H 3 LUCK91 SUBJECT: Re nest of Kennebecasis Rowing Club for funding from L.R. Ross Trust At its meeting of May 25, 1999 Common Council referred a request from the Kennebecasis Rowing Club for funding from the L.R. Ross Fund to the City Manager. The L.R. Ross Fund was established in 1921 through a gift of $1250 and the "Ross Memorial Cup" from Mr. Lewden R. Ross. The cup was to be competed for annually by amateur single scullers, twenty-ones years or under who are residents of the Maritime Provinces, The income from this trust is to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986, through an application by the City of Saint John to the Court of Queen's Bench of New Brunswick, permit the City of Saint John to expend the monies held in the fund "from time to time and at such times as the Applicant shall, in its discretion, deem advisable and appropriate to promote the sport of rowing in Saint John and its suburban communities." The Court of Queen's Bench provided complete discretion to the City of Saint John regarding decisions on expenditures from the L.R. Ross Fund. In its request for funding the Kennebecasis Rowing Club stated that the club will be hosting the 1999 Atlantic Rowing Championships on July 3, 1999. wring this event the L.R. Ross Memorial race will be held. The winner will receive a replica of the Ross Memorial cup. The rowing club also indicated that they wished to utilize the majority of the funding requested ($5000) towards expanding their existing clubhouse. Staff has been provided with membership information by the club. The approximate distribution of membership is Saint John 40 %, Rothesay 30 %, and Quispamsis 30 %. The membership in 1998 was 164 and 1999 is expected to reach 284, an increase of 73 %. It is clear that the activities of the Kennebecasis Rowing Club meet the terms of the L.R. Ross Fund. As of December 31, 1998 the L.R. Ross Fund balance was $29, 934. y� It is recommended that Common Council approve the expenditure of $5000 from the Lewden R. Ross Trust Fund in 1999, to support the efforts of the Kennebecasis Rowing Club in promoting the sport of rowing, as requested in their letter to the Mayor and Common Council dated May 20, 1999. Respec fully s bm utter, P.Eng. i errence i otti City Manager 'Kennebecasis Rowing Club c/o R.P.O. 21 Tefephone (506) 847-5803 2055 Rothesay Road Renforth, NB E2H-2K2 May 20, 1999 Mayor Shirley McAlary and Members of Common Council c/o Common Clerk PO Box 1971 Saint John, NB E2L4Ll Her Worship Mayor McAlary and Members of Common Council, On July 3rd 1999, the Kennebecasis Rowing Club will be hosting the 1999 Atlantic Rowing Championships, This regatta will host rowers from all over the Atlantic Provinces. As in the past, there will be a full slate of races throughout the day. However, there is one race we wish to promote as the highlight of the day: The L.R. Ross Memorial Race. As you are aware, Mr. Ross donated a sum of money in 1921 along with the Ross Memorial Cup. The purpose of his donation was to promote an annual race between amateur Single scullers, twenty-one years of age and under, who are residents of the Maritime Provinces, Once again, we wish to continue this tradition and provide the winner of this event with a replica trophy. This year, The Kennebecasis Rowing Club is requesting the sum of $5000. These funds will not only go towards the purchase of the replica trophy, but also towards a construction project the KRC is under-taking. We plan to build an upstairs floor in our boathouse and have received an estimate of $9,950 from Global Construction and Design for the first phase of this project. Since the L.R. Ross Memorial Fund was set up not only to run a race between amateur scullers but also to promote the sport of rowing in Saint John and the surrounding areas, we feel that building an upstairs in our club house would greatly enhance our ability to promote rowing. The rowing club has taken great steps forward in recent years in order to provide access to the sport of rowing to a greater number of people in the surrounding communities. Last year was our most successful year ever: membership numbers have never been higher and our racing results are incredibly strong. In order to provide a quality rowing program and to continue the increased interest in the sport, we believe that upgrading our facility will further enable us to continue to grow. Therefore, the majority of the requested funding would be used for this construction project. We thank you for your time in considering our request for funding through the L.R. Ross Memorial Fund. We would also like to extend an invitation to the 1999 Atlantic Rowing Championships on July 3rd 1999 to Her Worship Mayor McAlary and Members of Common Council. REPORT TO COMMON COUNCIL 'Z� June 28, 1999 Her Worship Mayor Shirley McAlary pity of Baler icon And Members of Common Council: Your Worship and Councillors: SUBJECT: Tucker park Over the past years Tucker Park has been one area heavily affected by budget reductions. At one time the park was a popular recreation area with life guarded beaches. It has always been a favourite party spot for youth and has recently become a location for a number of undesirable activities, a dumping ground for large pieces of garbage and the subject of numerous citizen complaints. At a recent meeting of Common Council, staff was asked to provide recommendations on the following: - appropriate signage - continued spot surveillance - stone/ concrete barriers for controlling in -park vehicle traffic - construction of a solid steel entrance gate to be opened and closed during regular City parks hours. ANALYSIS Staff has reviewed the recommendations of Council and are in the progress of addressing the situation as follows: - Appropriate signage will be installed to control parking, enforce the Animal Control by -law, indicate hours of operations, and to list of rules and regulations. - The park is at present, visited daily by maintenance crews and once per night by Parks Security staff. The park will now be opened at 8:00 am and closed at - 8:00 pm. It will be important that the Police Force provide more routine visits to the park. - Two barrier gates will be installed; one at the main entranced that will be opened and closed each day and the second will be placed after the parking lot to prevent access to the beach by vehicles. This gate will only be opened for maintenance reasons. A gate is preferred here as opposed to a stone blockade since staff need to get in to service the area and emergency vehicles may need access as wel�Ua ,ts_ M & C 99 -233 June 28, 1999 Page 2 of 3 The clearing of brush around the perimeter will make the parking lot more visible, lines indicating parking spaces will be added and traffic directional arrows will be painted on the roadway. No traffic will be permitted beyond the parking area. Since some of the material has to be ordered, it may take 3 to 4 weeks to complete the necessary work. To ensure the issues that exist now are dealt with in a more permanent nature, it is advisable to have the park redesigned and developed to provide more access and wider use. Only through more use and greater exposure are some of the activities going to cease. Staff is recommending that the immediate measures be viewed only as temporary and that the Tucker Trust Fund be used to develop the site appropriately, A site development plan is recommended that would include public input to ensure the park serves as wide range of population as possible. The plan would address vehicular circulation, parking and access control, pedestrian circulation and linkages to adjacent sites, interpretative sites, seating structures, viewing platforms, restoration plantings, interpretative sign locations and interpretative themes, additional or ongoing research requirements and safety measures. The cost of the site development would be determined as part of the planning process. The City does not have the resources to develop this plan in house. NIA FINANCIAL IMPLICATIONS The Tucker Trust Fund contains $165,366 as of December 31, 1998. It will cost approximately $4,000 to address the immediate issues and these will be absorbed within the Recreation and Parks operational budget. A site development plan will cost approximately $10,000. M & C 99-233 June 28, 1999 Page 3 of 3 It is recommended that Common Council: I Authorize an expenditure from the Tucker Trust Fund to engage professional services to develop a site plan for Tucker Park; and that 2. The amount of the expenditure not to exceed $ 10,000; and that 3. The plan be presented to Council for consideration and approval; and that 4, The Tucker Trust Fund to be considered for funding the site development once a plan is approved. Respectfully submitted, Bernie Morrison, Director Recreation & Parks Division William utler, P. Eng. 0 s sio mm ity S rvices Terrance Totten, CA City Manager REPORT TO COMMON COUNCIL �tR M&C 99 - 224 June 28, 1999 City of saint jo r� Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Councillors: SUBJECT: Fort Howe I-0 1 m a1: C ". Z l I l I l� ►1 At a meeting of Common Council, staff was asked to submit a plan of action to enhance the Fort Howe Blockhouse. Staff has researched the history of the site and has considered development opportunities for the site. As background information, staff felt it was important to have a brief history of Fort Howe to better appreciate its value to Saint John, New Brunswick and Canada. A brief chronological history of Fort Howe is attached. With this significant history in mind staff are suggesting a number of items necessary to recognize Fort Howe as a major site in the development of Saint John and New Brunswick. It will also be a node on the New Brunswick trail and it is anticipated it will receive increased visitors as a result. Development of the site could be important. The Community Recreation and Open Space Strategy classifies Fort Howe as a City / Regional Park. This designation is for sites, which have tourism potential and provide attractions for residents and visitors alike. These sites should be developed on their 0w11 merits and include a wide range of active and unstructured recreational uses. Fort Howe has played a significant part in the development history of Saint John and for that matter, New Brunswick. It is believed if it were not for the Fort Howe, the M &C 99 — 224 June 28, 1999 Page 2 of 3 development of the St. John River and New Brunswick would have been quite different. It was the protection provided by this fort that allowed the settlement of the Loyalist during the American Revolution. The history of the fort and its historical significance has been recognized at all levels of government over the years. The site will be a node proposed on the New Brunswick Trail and could be of significant interest to provide a major role to visitors to the region and using the trail. As well the potential for the site, considering its historical value could make it a major tourist attraction for the City and Fundy Region. To appreciate the value of the site, a number of steps need to be taken to research, evaluate and interpret the long history of Fort Howe. The following items are suggested to be included in a study- - Plan to enhance Fort Howe - History of the site. - History of blockhouse and monuments. - Required physical improvements, including, traffic flow, parking, trails, etc. - Improvements to the blockhouse to take advantage of its significance. Appropriate interpretative activities. These should be authentic, relative to the history. - Possible sources of funding to partner for the development of the site, i.e. Parks Canada. - Artifacts that should be obtained to enhance the site and emphasize its historical value. - Establish guidelines for any persons) /groups manning the site - Look at placement of permanent interpretive site displays - Possible development opportunities, i.e. restaurants, concessions, etc. At present the extent of City involvement at Fort Howe is strictly maintenance of landscaped areas, litter and garbage removal and flag maintenance. Staff recommends that any involvement beyond maintenance would require the input from sources that have a background in interpretation and preservation of historical areas. Staff believes that this site has significant enough history that any improvements at the current level of financing would not do the site justice. A thorough study of the site will cost approximately $7,350 and a complete historical interpretation of the site with media presentations will cost approximately $5,000. There are no funds budgeted for this project at this time. However, should council wish to proceed with these project funds may be available from the LPP fund. Staff will also conduct a search for partners and other sources of funding to assist in implementing any recommended developments or enhancements. M&C 99 — 224 June 28, 1999 Page 3 of 3 RECOMMENDATIONS It is recommended that: 1 The City provide the same level of service in 1999 as it provided in 1998; and that 2 Common Council approve expenditure of up to $15,000 from the Land For Public Purposes fund; and that 3 The City Manager be authorized to engage professionals with expertise in preservation of historical sites and historical interpretation to develop a plan that could be used for enhancements. Respectfully submitted, Bernie Morrison, Director Recreation & Parks Envision William Antler, P. Eng. ces Terrance Totten, CA City Manager A brief Chronological History taken from a thesis by Randall W. Heather written on September 15, 1978 1762 Land at the mouth of the St. John River was granted to William Hazen, James Simonds and James White which included the lands on which Fort Howe now sits. 1777 On May 29, Americans capture the site and imprison William Hazen and .lames White. Aboriginals ally with Americans and retreat with Americans after British reinforcements arrive. 1777 On June 23, British send Major Studholme to Saint John to address persistent attacks on the site by Americans. He was to repair fort Frederick or build a new site. William Hazen and James White provide land for a new fortress. Fort Howe is built and named after the Commander -in -Chief of the British forces in America, Sir William Howe. 1778 In the spring of that year, a planned invasion of Saint John by Americans is suppressed by Fort Howe. The fortress fulfils its strategic objective, which was the protection of the settlements of the mouth of the St. John River. 1778 On September 24, a peace treaty is signed with Aboriginals at Fort Howe. Fort Howe served as a vital communication centre for British forces during the American Revolution by providing links to New York, Halifax and Quebec. 1780 Saint John area prospers under protection of Fort Howe, making of ship masts becomes big industry. 1783 -4 Loyalist land. Fort Howe provides necessary protection to allow peaceful settlement. After American Revolution, Fort Howe becomes administrative centre for British farces in western Nova Scotia. Site was used as a blockhouse for criminals and became a place of public executions. It became known as fib'._ 1,C iIS 1785 Fredericton becomes capital of New Brunswick. Fort Howe's role diminishes as a major supply station. 1789 Fort Howe land, still belonging to Hazen, Simonds and White are deeded to Ding George I11. The 35 -acre site becomes the Fort Howe Military Reserve. 1812 During the war of 1812, Martello Tower and a battery on Partridge Island are built to assist Fort Howe in protecting New Brunswick from Americans. 1819 Fort Howe Barracks are destroyed by Fire. The occupation of Fort Howe as a military post is ended and is replaced by Barrack Green. 1823 remains of Fort Howe are sold in public auction. 1867 Fort Howe was transferred to the Crown in the name of Canada. 1914 On March 30, the area around Fort Howe was dedicated a National Park and much development started. 1914 In August, the start of World War 1, all development of Fort grounds was stopped. Fort Howe was used as a munitions storage area. 1920 Ownership of the site was still an issue. The City took over the land as a park after the Federal Government built a road to the top of the hill. 1929 Monument was erected at top of hill to commemorate Major Gilford Studholme and the signing of the Indian Treaty in 1778. Mayor W. White received a letter from Federal Government granting the City full right to use Fort Howe property as a public park. 1934 Fort Howe was abolished as a national park by an act of Parliament. 1934 City declined acceptance of the site and it reverted the ownership of the property to the federal government. 1939 World War II, the fort became an anti- aircraft battery. 1945 Site was abandoned and left in a deteriorated state for a number of years. 1961 Interest in the site was renewed. 1962 City acquired the 15 acre site to be developed as a historic site. 1964 The establishment of the Fort Howe Development Committee. 1965 Flags were erected on what was believed to be the site of the original fort. 1966 Fort Howe was declared a National Historic Site. 1967 Blockhouse was erected by I.O. D.E. as a centennial project. 1999 The {City continues to maintain area as a public park. „z4 REPORT TO COMMON COUNCIL M &C 99 - 225 .tune 28, 1999 City of Sint john Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Councillors: SUBJECT: Available Canteen Concessions 1' At present, the Community Services Department manages 17 contract canteen concessions. The canteens are primarily located at the ballparks, arenas, and beaches. A full list of canteens is attached for the information of Council. At present six of these canteens do not have operators. These are Shamrock Park, Dominion Park, Forest Hills, Little River Reservoir, Fisher Lakes and Memorial Field Softball. A past operator has declined acceptance this year (Shamrock Park, Forest Hills and Memorial Field Softball) and one new location is being advertised, as there may be an interest (Little River Reservoir). Staff has advertised the operations of these four sites. There is interest from two community service groups to operate two of the vacant sites. These are Dominion Park by the Lancaster Kiwanis and Fisher Lakes by the Y's Men. Staff has met with both the Lancaster Kiwanis and the Saint John Y's Men Club to discuss the operations of Dominion Park and Fisher Lakes respectively and are recommending the acceptance of their offer. The Lancaster Kiwanis had originally offered to operate both Dominion Park and Fisher Lakes. They are in agreement to withdraw their offer to operate Fisher Lakes. The Saint John Y's Men have operated the Fisher Lakes "A” Frame for a number of years and staff have no reason to decline their request at this time. The request of the Kiwanis to operate the Dominion Park concession is being supported as well. At present there is no operator for this site. The past operator has declined interest this year. Both of these proposals are from community service groups. They both will operate these canteens providing employment opportunities for youth as well as giving the youth exposure to operating a business. Any profits received will be returned to the community in the many community development projects and services for which these groups are known. U111=10111 �4= STRATEGIC PLAN CONFORMITY/EXISTING CITY POLICY The Community Recreation and Open Space Strategy stresses enhanced services to provide quality experiences to residents when visiting public parks as well as encouraging partnerships that will benefit the community as a whole, 101 W/R041 / In total the City receives approximately $6,000 to $7,000 per year for all canteen operations. The two sites in question, Dominion Park and Fisher Lakes, combined provide $800 each year over the past three years. Staff feel that these funds are not substantial considering there may be a greater impact from the community services clubs through their community work. A case in point is the donation of the Kiwanis Play Park in Rockwood Park. The donation for this facility is far beyond the ability to pay using concessions fees spread over a great number of years. It is recommended that Common Council: 1. Authorize the Mayor and Common Clerk to sign an agreement between the City of Saint John and the Saint John Y's Men club for the operation of the "A" Frame Canteen at Fisher Lakes in Rockwood Park and waive any associated fees, and that; 2. Authorize the Mayor and Common Clerk to sign an agreement between the City of Saint John and The Lancaster Kiwanis Club for the operation of the canteen at Dominion Park Beach and waive any associated fees, and that, 3. The Lancaster Kiwanis and the Saint John Y'S Men provide all the necessary insurance's for their respective operations. Willih l3 tler, P. 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San AJaS sa:11 /u jeak aaj4j of auC) ...... uOiBal L IN 16d spunojE) uoslpiV .......... 33d 666L 33� 866 914 L6" 333 966E SNoLLIGNOOT OIS530NOO NOIS530NOO REPORT TO COMMON COUNCIL M & C 99-221 June 22, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship & Councillors: qP City of Saint John The City Leases Stall No, 15 in the City Market to European Sausage Farm Ltd. The business is changing ownership. The new owner has submitted an Application to lease Stall No. 15 as specified in By-Law C -115, Section 5. 0993WWKJ�` Any changes to, or renewals of the leases and all offers to lease must be authorized by Common Council. Once so authorized, the City's Legal Department will prepare the Lease, �L This Report has been prepared with assistance from Patrick J. Palmer, Deputy Market Clerk, who supports the recommendation contained herein. Staff recommends the lease of Stall No. 15 in the City Market to Sagrati's. Staff is satisfied that the new owner can meet the terms and conditions of the lease with the City of Saint John. The list of products to be sold is as follows: See attached menu (August West). The Offer to Lease is for a period of two (2) years beginning August 1, 1999 and ending July 31, 2001, FINANCIAL IMPLICATIONS The tenant has agreed to pay rents determined in Schedule "X' of the City Market By- Law. Rent Payment will be as follows based on 425 sq. ft. of Stall Space. August 1, 1999 — July 31, 2000 $8,361.12 August 1, 2000 — July 31, 2001 $8,446.08 The Tenant also agrees to pay into the City Market Promotion Fund the following amounts: August 1, 1999 — July 31, 2000 $501.66 August 1, 2000 —July 31, 2001 $506,76 1) It is recommended that: A) The City Lease to Sagrati's Stall No. 15 in the City Market, for a period of two (2) years, beginning August 1, 1999, using the City's usual form of Lease for rental of Stalls in the City Market. B) The rent to be as per Schedule "N' (City Market Fees) of the City Market By- Law, as amended from time to time. The Lease to specify the products and Services to be sold as outlined in this Report. D) The Lease to specify the tenant contribution to the City Market Promotion Fund which is equal to six percent of rent and is in addition to rent. HST will be added to both the rent and Promotion Fund Fees. 2) and Further, the Mayor and Common Clerk be authorized to execute the necessary documents, sub itted, Res _�'tfi"'Y. -77 / , 921 :eO1rni__)c Morrison Director Recreation & Parks William "utler, P. Terrence L. Totten, C. A. City Manager PROPOSAL, FOR LEASING OF RETAIL SPACE, STALL #15, ©` THE SAINT JOHN CITY MARKET. COMPANY NAME: Sagrati's AM OPRNE ONTACT PR. SON1 Silvio a©■ Angela Sagrati NUMBER OF EMPLOYEES: Principles to work full-time plus 2 part-time staff. AUGUST WEST Concept & Design Intent June 9, 1999 AUGUST WEST will be a deli style quick service restaurant specializing in traditional products such as prepared meats & vegetables in both sandwich and `meal' formats offered with a choice of side dishes. The mainstay of products will be prepared with through the deli style process of tenderizing and marinating products. Cooking processes will be focused on broiling and steaming, keeping with the health preferences of today's hard working consumer. The menu products and subsequent cooking processes have been chosen to compliment the current food mix in the Saint John City Market and is based on the 'attempted' menu of the current (past) tenant.; `DEGENHARDT'S DELI' (DD). Evaluations indicate that the DD products had merit but the execution was inappropriate. In contrast to DD, the AUGUST WEST operation plans to embrace today's 'long stay' trends of fresh and fat conscious products. Emphasis will be placed on presentation, quality and quick service. AUGUST WEST's menu has been developed through a survey of the current food vendors in the market. The final products are engineered to be unique in ingredient, preparation, flavour and presentation; the emphasis on charbroiling and steaming are unique to the current market food trade . In fact, with the proper planning and development of an 'OPERATIONS MANUAL' AUGUST WEST will endeavor to set the standard for innovation and operations efficiency in the Saint John City Market The physical design of AUGUST WEST will be in an 'open' kitchen format emphasizing the freshness of product and cleanliness of the working / preparation environment- The service counter will be a combination of hot and refrigerated display cases, showcasing products in a prepared 'bulk' format, ready for immediate purchase (Grab n' go) by the market diner. Emphasis will be put on traditional colour schemes and the simplicity of heritage design in both fixtures and signage. The service counter will be complimented by counter height 'built in' seating booths on the bench side of the aisle. Signage will include the traditional (refurbishment of existing) projected sign coupled with 18 -24" high suspended menu boards. Menu and special boards will be designed and maintained by the owner (Angela) who has formal training as a Graphic artist from the Nova Scotia College of Art & Design, EQUIPMENT LIST 1. Freezer w/ Worktop 2, Cash Register /scale 1 3. Hot Food Counter 4 Meat Slicer 5. Refrigerated Case 6, Fryer 7, Upright Fridge 0 Door) 8, Convection Oven 9. Food Warmer 10. Soup Warmer 11. Commercial Microwave 12. S.S. Table w/pLug 13. 3 Compartment S.S, Sin 14. Hood w/ Suppression 15, Chest Freezer 16. 36' Charioroiler 17, 2 Burner (Gas) I& Cold Table 19, S.S, Stand W/storage 20, Hand Sink 21, Coffee Brewer 22. Baker's Rack 23, Steamer A.J.5LJS'1" WFS"T S.A'47 N T JI-] 1-11\J, N , B F'1 I i • FOR. a louilt in counter style 1000th Seating wasil" - 4 IN I A DAY WA- t) j "NO IN �11 •# •, 011, City of Saint John This info rmation/appl i cation package is intended to provide prospective tenants with the information required to submit a complete proposal for the leasing of retail space in the City Market. Prospective tenants are encouraged to visit the City Market, bounded by Charlotte Street, South Market Street, Germain Street and North Market Street, before submitting their proposals. CONTACTS Additional information can be obtained by contacting: Patrick J. Palmer PH: (506) 658-2820 FAX: (506) 632-6123 Completed proposals are to be submitted to: Patrick J. Palmer Deputy Market Clerk/Manager Saint John City Market 47 Charlotte Street Saint John, N.B., E2L 2H8 CONDITIONS OF LEASE Tenants wishing to occupy permanent stalls, mezzanine space or Charlotte Street storefronts in the City Market are required to sign a lease, (minimum of one year). Details relating to rent, landlord/tenant responsibilities, etc. are shown in the "Offer to Lease" (Appendix "A"). In addition, space is also available at times on benches in the aisles of the Market. Permanent and seasonal benches are rented at a weekly charge and no lease is required. The Market also has cooler and basement space available from time to time. This space is rented on a monthly or annual basis. Proposals submitted should contain at least the following information: Company Name Name of principal(s) Mailing Address/Phone # Contact Person(s) Number of Employees Proposal Details - space requested - Product lineW - other pertinent information Prospective tenants may submit whatever other information they consider relevant to their proposal. EA VALUATION OF PROPOSALS All proposals submitted will be evaluated by the Deputy Market Clerk/Manager and City of Saint John staff associated with the Market operation. The evaluation team may request further information or clarification relating to any proposal submitted. Preference will be given to proposals which complement the existing tenant mix at the City Market. The Market is known for its meat, fish, vegetables, fruits, crafts, bakery, pasta, as well as its fast food outlets. PROPOSAL DEPOSIT A money order or certified cheque in the amount of $500.00 made payable to the City of Saint John must be submitted with your proposal. In the event that your proposal is accepted, this deposit will be applied against your first month's rent. If your proposal is not successful, a full refund of your deposit will be made. If you withdraw or choose not to proceed once your proposal has been accepted, you forfeit your deposit. APPENDIX "A" SAINT JOHN CITY MARKET OFFER TO LEASE Date: ITC From: SiLvic Aw) AAi4i--�)-A '3,4,6RATJ (hereinafter called the Tenant) 1001) VER RiD, (Address) 6,501c) 12 - 4/53 {Phone {s}) To: Saint John City Market 47 Charlotte Street Saint John, N.B. E2L 2H8 (Hereinafter called the Landlord) The Tenant hereby offers to lease from the Landlord the demised premises (hereinafter called the "Premises") located in the City Market, Saint John, N.B. consisting, of: n Approximately 4 2 5— square feet of Market stall storefront space (and attached greenhouse area); Approximately permanent benches; Approximately square feet of mezzanine facilities; Approximately square feet of basement facilities; Approximately square feet of cooler space; being those areas outlined in green on the plan in Schedules "A!' attached hereto and forming part of this Offer To Lease. The exact rentable area of the premises shall be as certified by the Landlord's representative in accordance with the method of measurement set out in the standard form of lease. -2- We make this Offer To Lease on the following terms and conditions: 1. Term 1.1 The term of the lease will be for a period of 2 years commencing IJ151--i 1 199? and ending 5-0 -3.1 100 1.2 The Tenant shall have the right to renew the lease for a further period of up to S_ knot to exceed number of years in 1.1 above) years subject to the same terms and conditions except for rent which will be set by Common Council from time to time. Council has set the rental rates up to December 31, 1996 for the City Market. 2. Rent 2.1 The Tenant agrees to pay the following rent: 1996 1997 1998 part of this Offer To Lease. Each year's rent shall be payable in 12 equal instalments, each instalment to be paid on the first day of each month during each and every year of the term of this Lease. A series of 12 post-dated cheques to be given to the Deputy Market Clerk/Manager one month prior to the start of a new lease year. -3, 3. Additional Rent 3.1 The Tenant agrees to pay all income and business occupancy taxes levied against the Tenant. 3.2 Subject to 3.3, the Tenant agrees to pay the cost of all utilities including, but not limited to, lights, electricity, gas, propane and water consumed in the premises. 3.3 The Landlord will provide heating of the Market, save and 4:) excepting heating of the auxiliary facilities in the mezzanine, and the premises to an extent sufficient to maintain a reasonable temperature therein at all times during normal business hours, except during the making of repairs; but should the Landlord make default in so doing, it shall not be liable for direct, indirect or consequential damages or damages for personal discomfort or illness. The Tenant will be responsible for any costs incurred in supplementing the heat provided by the Landlord. 4. Operation of Business 4.1 The Tenant agrees to occupy and operate the business at all times during business hours for the Market as established by the By-Law as from time to time amended except where Provincial laws prohibit certain businesses from being open under the Day of Rest Act. 4.2 The Tenant agrees to operate a business consisting of: Type of Business - QUICK -5,EA std 66 Products Sold -r rR C� C- D O)U7° -5 4.3 The Tenant agrees not to change the type of business or the product mix without the approval of the Landlord. 5. Tenant and Landlord Work 5.1 The Tenant agrees to carry out the Tenant Work as outlined in Schedule "C" attached hereto and forming part of this Offer To Lease. 5.2 All Tenant Work including signage must meet the Owner's z Design Criteria and shall be submitted to the Landlord for prior approval as set out in Schedule "D" attached hereto and forming part of this Offer To Lease. - 5 - 6. Tenant Association 6.1 Tenant agrees to join the City Market Tenants' Association whose membership will consist of representation from Market Tenants and the Landlord. 6.2 Tenant agrees to pay the following amounts into a promotion fund to be administered by the City Market Promotions Committee for purposes of advertising and promoting the Market. $ 1996 $ 1997 $ 1998 20E Pf 1999 ooh as determined from Schedule "F" attached hereto and forming part of this Offer To Lease. Each year's promotion fund shall be payable in 12 equal instalments, each instalment to be paid on the first day of each month during each and every year of the term of this Lease. 6.3 Landlord agrees to pay an amount equivalent to that set out in 6.2 above, into the Promotion Fund. 7. Insurance 7.1 The Tenant agrees to maintain the following insurance: - Tenant's Legal Liability Insurance - Public Liability - Tenant All Risk 7.2 Certificate of Insurance shall be delivered to the Deputy Market Clerk on the signing of the Lease by the Tenant and thereafter on or before the first day of each year of the term or renewal thereof. 7.3 The Landlord agrees to maintain the following insurance: - Property Insurance on Landlord's Property - Public Liability with respect to the Landlord's operation. 7.4 The Tenant agrees to pay any increase in premiums related to the Landlord's insurance which arise out of the use and operation of the leased premises. 8. Rules of Operation 8.1 Tenant agrees to comply with the rules and regulations of operation as may be reasonably established by the Landlord from time to time. These rules and regulations will address topics such as, but not limited to, maintenance of premises, cleanliness, loading, garbage handling, access and environmental programs, etc. 9. Form of Lease 9.1 The Lease is to be drawn by the Landlord on a standard form of lease and will be executed by the Tenant as soon as possible after it has been presented for execution, but in any event within 30 days from the date the Tenant receives the lease. 10. Assignment 10.1 Tenant agrees not to assign the lease or sublet the premises without the prior written approval of the Landlord which may not be unreasonably withheld. 10.2 Tenant agrees that a change in the beneficial ownership of the Tenant constitutes an assignment under 10.1. 11. Relocation 11.1 Tenant agrees that the Landlord shall have the right to further relocate the Tenant to other premises in the City Market provided the relocated premises shall contain approximately the same area and provided all costs associated with the relocation including, but not limited to the new Tenant improvements and moving are paid by the Landlord. 12. Equipment Tenant agrees that all Tenant equipment located adjacent to any of the City Market centre, side or cross aisles must meet the specifications and approval of the Landlord. 13. Tenant .Obligations 13.1 The Tenant agrees to keep and maintain the whole of the leased premises in good condition and repair. 13.2 The Tenant agrees to pay all rent and other monies due as set out in the lease and to perform all covenants and obligations. Failure to do so shall result in termination of the lease. 14. Landlord Obligations 14.1 The Landlord agrees to maintain and repair the structure of the Market together with the common areas. 14.2 The Landlord agrees to pay all real property taxes assessed against the City Market. 15. Completion of Work 15.1 This offer remains open for acceptance for a period of 30 days from the date of receipt hereof. Tenant: per per 2;� REPORT TO COMMON (--'0UNCIL r- a M &, C 99 - 215,` June 23, 1999 Her Worship Mayor Shirley McAlary City of Saint , ohn and Members of Common Council Your Worship and Members of Council: Petition from Residents Gerard Street /Parkhill Drive /Byron Street Council received a petition from residents of Gerard Street, Parkhill Drive and Byron Street in July of 1997 - a copy of which is attached. Can July 21, 1997 the following resolution was adopted by Common Council:. "Resolved that the petition from residents, owners and tax payers of properties on Gerard Street, Byron Street and Parkhill Drive advising of water problems in the area, and demanding Council's earliest consideration regarding this matter - be referred to the City Manager. " The matter was referred to staff by for a report.. Staff visited the site and met one of the petition organizers in September 1997 to investigate the situation. The main problem was an issue with water draining from the backyards of uphill properties resulting in water pending in the backyard of a lower property. The water eventually reached a level where it spilled over onto two lower properties on Parkhill Drive contributing to basements flooding. ITI & C — 99 Gerard Street/Parkhill Page 2 ' F.W It was determined that the water was originating on private property at higher elevations and ending up on private property at lower elevations. Correction of the problem would involve work entirely on private property. The City does not have a mandate nor any obligation to enter on private property to alleviate a situation such as this. The City receives numerous requests for similar work which, unfortunately, fall outside public responsibility. It is recommended that this report be received and filed. Respectfu-'Ny submitted, Terrence L. Totten, C.A. City Manager To Whom It May Concern: We the undersigned, residents, owners and tax pavers of properties on Gerard Street, Byron Street and Parkhill Drive have been tolerating water problems for years now and feel strongly that the City of Saint John is responsible for the correction of this matter. in heavy rains water, collects on back lawns being piped in from upper lots on Gerard Street, which in itself is against the law. There are no catch basins on Gerard Street whatsoever which would alleviate some of this problem. We cannot get a fair price for our properties if we decide to sell and considering approximately 20 homes on Gerard Street alone paying average taxes of $1.000.00 per year per home demand your earliest consideration -regarding this matter. Please, No Ottawa - No Fredericton. The only fair option would be to pipe this water which collects enormously on the Drake residence to a catch basin on Parkhill Drivelthus correcting the problem of water collecting in basements especially in winter conditions. Address (;Ur;N"Om ct- , 1 ILi . . .... JUL 161997 CITY OF bSs q-7 S 5 6 1r71- 11�91 �... ,�.. . w. ._........ __ ... .. __w .� u_ REPOR COMMON COUNCIL • June 23, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, Installation of Services - Lloyd Street ' u City of Saint Sohn The installation of a watermain on Lloyd Street was approved in the 1998 Capital Program for the Water and Sewer Utility. This project consisted of installing approximately 270 metres of 200 mm diameter watermain to loop an existing dead end line between Pickard Street and OBrien Street. During construction in October of 1998, Council received a request from Mr. John C. Noddin requesting that the City also install a sanitary sewer along Lloyd Street. That request was referred to staff for a report - a copy of which has been attached. The watermain on Pickard Street was a 150 mm dead end line with four homes drawing water from the system. The line was installed in 1944 to service the dwellings. Dead end watermains are an issue related to water quality in the lines. The City chlorinates and fluoridates water that is supplied to residents receiving the service. Water is then transmitted through a series of transmission and distribution mains and individual homes are serviced off these mains. Continual flow in the lines ensures fresh water flowing to customers at all times. Areas of high demand (flow) will have the water exchanged in the lines very quickly while flow is less in areas of lower demand. Staff are aware of this situation and identify these areas of M : 99-216 F Lloyd Streei ff ANALYSIS - Cont' d. "low flow" - generally on a dead end line - for upgrading. The "dead end" line is now connected to an existing main in the local area creating a loop in the system. This allows water to flow continuously through the line increasing the water quality. This is simply a capital improvement to the existing water system designed to improve water quality for existing users. Mr. Noddin's request for sewer service along Lloyd Street was received well after the design process in the project and well after Council had approved the 1998 Capital Program. Staff had proposed the looping of the watermain only to improve local water quality. Presently there are four homes on septic tanks at the upper end of Lloyd Street. These homes would require a lift station to force sewage to a point where it could be transferred by gravity or the installation of approximately 270 metres of new gravity sewer would be required to comply with Mr. Noddin's request as well as remove sewage from the existing homes. Installation of a new sewer would not have provided service to any new lots at the time. The "12 unserviced lots attached to lots on Manawagonish Road ", referred to by Mr. Noddin, are in fact developed lots fronting on Manawagonish Road that extend between Manawagonish Road and Lloyd Street. The long lots on Manawagonish Road would have to be subdivided to create any new serviceable lots on Lloyd Street. At the time of subdivision, the developer would be required to install the required services. In this case it would be the sanitary sewer service. A request to install a sewer into this area would be considered an extension, which is not the responsibility of existing ratepayers on the system. As Council is aware, the idea of "extending" services is one of great concern to the City, The "looping" of the watermain, to improve water quality, was a capital expenditure of $63,474.00. Extending the sewer in conjunction with the watermain installation would have been a further expenditure of approximately $90,000.00 to complete. • - 216 Installation of Services - Lloyd Street Page 3 1, R Dwo jj I o I OT �" O It is recommended that this report be received and filed. submitted, October 2198 809 01 Manawagonish Road. Saint . Council City Hall I Market Square John NE E 2 3W9 Mayor and Your honors the Mayor and Council, It has come to my attention this week that the city is upgrading the water services on Lloyd Street. This entails the digging of an trench the full length of the street At present there are five houses serviced who are on septic systems. It would seem that this would be an opportune time to put in full service on this city street while the street is open. Presently there are over 12 unserviced lots attached to lots on Manawagonish Road which over the years have been refused development because of this lack of service- It would appear that these properties could in the future increase the city tax base in excess of a million dollars. I do hope that You will give this matter your full consideration ac I fe-e-1 that this would he for the city an opportunity to incr ---ase the tax base and save considerably by doing both jobs at same time. Yours sincerely -John C.Noddin &1 2 1996 VIMI.7 OF 'SF,1�'rl J'0'1'! -1N OPEN SESSION I LVA clay of Sant rohn June 23, 1999 Her Worship Shirley McAlary and Members of Common Council Your Worship and Councillors: Property at 34 McKay Street At the 14 June 1999 meeting Council referred correspondence from Mrs. Constance Northrup to the City Manager for a report and recommendation. Mrs. Northrup requested Council's permission to place fill material at the back portion of her property located at 34 McKay Street in Glen Falls. Mrs. Northrup's property is located at the corner of McKay Street and Elkin Street (an undeveloped gravel road). Her property, like most in the area, is very low-lying and is often subject to moderate flooding conditions. Mrs. Northrup's rear property is uneven, and as a result, water tends to pond in various locations even during relatively dry conditions. This property is at or near the same elevation as her neighbours' properties. For this reason it is not recommended that Mrs. Northrup add any fill material to her backyard as this would likely result in redirecting rainwater to the adjacent properties. M & C 99-223 - 2 - June 23, 1999 Staff of Building Inspection and the Works Department met with Mrs. Northrup on 17 June 1999, and discussed options which would result in improving the water problems being experienced. Immediately adjacent to 34 McKay Street is a 12" PVC cross culvert whicl- crosses the undeveloped portion of Elkin Street. The outlet of this pipe leads directly into Marsh Creek. A ditch could be established at the rear property line of 34 McKay Street and be directed toward this cross culvert. This would improve not only Mrs. Northrup's property, but as well, the rear property yards of 43, 45 and 51 Brown Street. The Works Department has indicated that they will clear at the inlet of the cross culvert and do some minor ditching up to the intersection of the property lines. The ditch to the rear of 34 McKay Street would be the responsibility of the property owner. Mrs. Northrup has agreed with this approach and indicated that she would have this ditch established once the Works Department cleaned the area at the inlet of the cross culvert. Mrs. Northrup has consequently abandoned her intentions to add fill material to her rear yard. Your City Manager recommends that Council receive and file this report and a copy be forwarded to Mrs. Northrup. WE/Ijv Attachment REPORT TO COMMON COUNCIL C* M&C 99-224 June 23, 1999 y nt Her Worship Mayor Shirley McAlary Citof Sai John and Members of Common Council Your Worship and Members of Council, SUBJECT: Requested Improvements to Gregory Lane I Mxej KK a 010 M On May 25, 1999, Council received a letter from area residents requesting improvements to Gregory Lane, as follows: ❑ improve the exit/entrance onto Sand Cove Road; ❑ signage to indicate a dead end/no exit roadway; and ❑ bring the road up to City standard. ANALYSIS Gregory Lane is one of two hundred and twenty-nine private roads in the city. Generally, the older laneways among these are the consequence of unplanned or haphazard development of many years ago, often related to providing access to summer cottages. Typically, these are substandard in terms of rights-of-way, width of travelled way, general construction and drainage control. Over the years, people have converted cottages to year round homes and a good number have built new homes along these private accesses. Many of the citizens who live along these roadways today were not the original property owners. Consequently, being unaware of the history and not appreciating the fact that the land is often not publicly owned, they question why the City cannot bring up their "street" to standard. Gregory Lane is one of those roadways, with its own history and particular character. Garbage collection is the only City service that has been provided. Responsibility for the roadway and its maintenance has always rested with the landowners themselves. M& C -99 -224 Requested Improvements to Gregory Lane Page 2 Gregory Lane was originally a private access to a number of summer residences at the shore. It was, quite simply, a long "driveway" across a field. Over time, property owners have subdivided the land and a number of permanent residences have been built, but without improvements being made to their roadway access. In fact, Gregory Lane is not located in a defined right of way, but rather runs over various pieces of private property. Subdivision By -Law The Subdivision By -Lary requires that developers build roads and streets to City standards before building lots are approved. This ensures that responsibility for construction of new streets rests with those developers and, ultimately, paid for by the homeowners in the "new subdivision ". The By -Law provides for approving lots on existing private roads where access is assured and deemed adequate. This does not mean that the City intends to or should assume any responsibility for these private roads or their upgrading. General There is a long history associated with private roads in Saint John, going back at least to the amalgamation of 1967. A number of attempts have been made over the years to address the issue, however, the status of "private roads" remains largely unresolved today. We have recognized for some time the need for a comprehensive evaluation of the entire issue, with the objective of developing a clear and practical policy position to be taken by Common Council. We, unfortunately, are not in a position to bring forward that recommendation at this time. However, we anticipate that it will identify responsibility for maintenance and any upgrading that may be required, along with funding mechanisms to be applied in providing for these. While the City will likely have a degree of responsibility for some roadways, we expect that the policy recommendation will incorporate the provisions for "local improvement" contained in the Municipalities Act. Existing "Policy" In 1472, Common Council adopted a policy on private roads, which put the anus for land acquisition and street construction on the local area residents — before the City would be prepared to take over the road. The policy, adopted on October 23, 1972, reads as follows: The City should accept and maintain existing private roads as public streets where the following conditions have been met: M& C -99 -224 Requested Improvements to Gregory .Lane Page 3 (1) The owners ofproperty along a private road roust petition Common Council to "take over" the road and show their willingness to meet the conditions set out below. (2) The right -of -way for the road is to be 66 feet wherever that width is or can be made available. Where it is not, the minimum acceptable width shall be 30 feet so as to provide two, ten foot travel lanes and appropriate ditching and shoulders. (3) No compensation is to be paid by the City for the private roads and for any lands required for related widening. (4) The roadway itself (the travel surface, ditching and shoulders) is to be brought to City standards as determined by the Commissioner of works. (5) The cost of bringing private roads to City standards is to be borne as follows: (a) The City to request the Province for additional sums to bring the 8.5 +/- miles of private roads shown on the submitted list to the City's minimum design standards. In this connection, it should be noted that the City is now spending over $7,000M a mile in high budget priorities for the improvement of public roads. (b) If the request in (a) is not acceded to or the road not included in the said submitted list, the cost is to be met by local improvements to be levied against the abutting properties. (6) The petitioners are to be responsible for obtaining and verifying a proper conveyance of title for the right-of-way to the City. (7) The City will file the "adjusted -width "plans for a roadway under section 62 of the Community Planning Act so as to avoid subdivision complications by the severing of the widening from the abutting lots. (8) The Planning Commission is to be assigned the responsibility for the naming of accepted roadways. M& C- 99224 Requested Improvements to Gregory Lane Page 4 (9) Where a petition is filed for^ the acceptance o. f'a private road, the City is not to grade or improve the road during the "take- over "period but will snowplough where road and other conditions permit. (10) Except as maybe permitted by the Planning Commission to service a subdivision which creates one lot in the interior of a property, no new private roads or extensions of them shall be permitted in outlying areas. Where the owners along an existing private road do not petition for its acceptance on a public street, or cannot satisfy the specified conditions, the roads will continue to be "private" and no City road services can be provided thereon. Although Council restated this policy in 1983, we know of no examples of where the policy has been applied. Gregory Lane Gregory Lane runs in a southerly direction from Sand Cove Road and serves seven residential properties, as shown on the attached reap. The City owns a couple of small pieces of land in the immediate area. The first is along the Western Trunk Sewer right -of -way and the second at the intersection with Sand Cove Road. The latter was acquired in June 1998, in conjunction with the development of three adjacent lots along Sand Cove Road. In addition to these two pieces, the laneway appears to touch on at least six other properties. The area has sufficient open space for the creation of the necessary right -of -way and a cul- de- sac turn around at the dead end. Its construction, however, would require the cooperation and participation of all homeowners in the area. City owned land could also be used for this Purpose, Gregory Lane cannot be considered in the same category as some other "private roads" for which the City inherited some maintenance responsibility. It is not in a defined right- of-way and there was no assumption of service formerly provided by the Province at amalgamation. Accordingly, we cannot recommend that the City assume responsibility for its upgrading. Staff will take steps, however, to provide the signage requested and will install an asphalt apron at the intersection with Sand Cove Road. Although somewhat larger, this will be somewhat equivalent to installing a driveway apron. M& C-99-224 Requested Improvements to Gregory Lane Page 5 It is recommended that this report be received and filed. Terrence L. Totten, C.A. City Manager t/ Tuesday, May 18, 1999 d3 City Clerk Saint John Common Council, 811, Floor City Hall Re: Request for Service of Gregory Lane I am writing on behalf of the residents of Gregory bane, one of the last gravel roadways in West Saint John. Gregory Lane is classified as a Private Roadway by City Hall, but we feel this roadway should be upgraded to a "City maintained" read because of the volume of traffic and the dangerous access onto Sand Cove Road. Each spring when the Irving Nature Park opens, the weekend traffic on Gregory lane increases exponentially and then levels off for the season., as Park visitors tend to "explore" the new developments on our street. This year on the opening day of the Nature Park, approximately 100 vehicles inadvertently came down Gregory lane crossing the proposed Canada Trail, found there was no exit and retraced their route. Other than being an annoyance and causing an unacceptable amount of dust for the residents, it also causes an excessive amount of traffic in and out of Gregory Lane. When the vehicles return to Sand Cove Road, they need to veer onto the busy road at an approximate 20 to 30 degree angle from a hidden driveway. When the City of Saint John approved 3 new lots on Sand Cove Road, at the head of Gregory Lane, they reserved property from the developer for a proper roadway access to Sand Cove Road. We request the City of Saint John to address our concerns; e, 1 ; V Mad, :3 7 OPEN SESSION Your Worship and Councillors: Designation of Building Inspector for Enforcement Proceedings Violations of the Zoning By-law have been continuing at the following properties for some time: We wish to proceed to the Court of Queen's Bench for Orders which would require that the owners of the properties in question comply with the by- laws. In order to pursue alleged violations which require an application made to the Court of Queen's Bench, it is necessary that Common Council adopt a resolution designating the current building Inspector, William Edwards to initiate and proceed with the application. M & C 99 -236 - 2 - June 24, 1999 Your City Manager recommends that the following resolutions be adopted: WHEREAS the property that is located at 303 Milford Road (NBGIC parcel number 405373), Saint John, N. B., is zoned Neighbourhood Institutional (IL-1) under the Saint John Zoning By-law, but is being used for the parking and/or storage of equipment and vehicles and machinery, and WHEREAS the use of a property for the parking and/or storage of equipment and vehicles and machinery is not permitted in a Neighbourhood Institutional (IL-1) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 303 Milford Road (NBGIC parcel number 405373), Saint John, N. B., cease within such time as a judge may direct. 11?�EREAS the property that is located at 2243 Loch Lomond Road (NBGIC parcel number 328187), Saint John, N. B., is zoned One and Two Family Suburban Residential under the Saint John Zoning By-law, but the garage that is located • it is being used as an automobile body repair shop, and WHEREAS an automobile body repair shop use is not permitted in a One and Two Family Suburban Residential (RS- 1) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 2243 Loch Lomond Road (NBGIC parcel number 328187), Saint John, N. B., cease within such time as a judge may d i rect. M & C 99 - 236 - 3 - June 24, 1999 WHEREAS the property that is located at 2494 Loch Lomond Road (NBGIC parcel number 448183), Saint John, N. B., is zoned One and Two Family Suburban Residential (RS-1) under the Saint John Zoning By-law, but the garage that is located on it is being used as an automobile repair shop, and WHEREAS an automobile repair shop use is not permitted in a One and Two Family Suburban Residential (RS-1) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 2494 Loch Lomond Road (NBGIC parcel number 448183), Saint John, N. B., cease within such time as a judge may direct. WHEREAS the property that is located at 233 Lancaster Street (NBGIC parcel number 366518), Saint John, N. B., is zoned One and Two Family Residential (R-2) under the Saint John Zoning By-law, but the building that is located on it is being used as a four family dwelling, and WHEREAS the use of a building as a four family dwelling is not a use that is permitted in a One and Two Family Residential (R- 2) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 233 Lancaster Street (NBGIC parcel number 366518), Saint John, N. B., cease within such time as a judge may direct, M & C 99 -236 - 4 - June 24, 1999 Respectfully submitted, Terrence Totten, City Manager -1311110011MEMENIM REPOT-F TO COMMON COUNCIL Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: rs= 0? City olf Saint John. At the previous meeting of Council, Loyalist Days Inc had requested a contribution from the City of $3,000.00 to help defray costs of holding the Loyalist Heritage Festival. At that time, Council asked for a copy of the anticipated budget. It is acknowledged that Council has chosen not to sponsor this event to nearly the same level that it once did. Nevertheless, through a small group of committee volunteers, a small festival continues to be held. Given this, staff is of the view that the Festival is deserving of some level of support from the Municipality. In addition to the reception that is hosted by the Mayor, the following recommendation is being made. That the City of Saint John provide financial assistance to Loyalist Days, Inc. in the amount of $ 1, 000.00. 0)U: i�ary ?,�I\UtIjOt'a OMMOR L,lCraer k_lty pt tj- uL� -U�)LI-O(LV )UIRL Lc�rrujri: t._wu4iLx L/�V Ajoiwi" bUU �pxufist (Days CbIC, �clitqc Cerebration 1993 1, jr, q 11 0111 i�'' I 1110 AT Date, 6117199 Time: 16:08,10 Pages: 4 To: Mary Munford Company: Common Clerk, City of Saint John Fax #: 658-2802 From: Candice MacDonald Title: co-ordinator Company-, loyalist days inc. Address.- 107 germain st, saint john, n.b. e2l 46 Canada Fax #: 506-634-8710 Voice #: 506-634-8123 ojU: ;fYtur`+� �; *�u.ir ua'u �,uiruiwir �,t+�a n, L,�a4 ) l_`l•auac c.C7', veei; %f.........� x1111 "J, ..t �k(y Cist )ays crrr. qcrita -je Cere6ration 1948 DAILY EVENT EXPENSES: Sunday = Donations to churches $ 100 Piper 100 Reinactment 100 Garden Tour 100 Monday - Bonfire 50 Tuesday - No anticipated expenses 0 Wednesday - Oldest person presentation 100 Garden Tour 100 Tweed Tour 50 Thursday - No anticipated expenses 0 Friday - Bus 100 Saturday - Parade 1,100 Misc. 300 TOTAL COST OF DAILY EVENTS 2,300 ow. ✓ Vaq 1;%Ulljora �-Onn €lffiil �_WrK, r"u L �q �)auu `Crr011t. k,asiatLw �• K� i w N �vu- �)4_ ,f ev �, e Yy y.. r „�. ..� _i * 'ar'ist Dais ChGC. cfIeritade Ce[e6ration 1999 999 BUDGE`" REVENUE Contributions in kind (Employee Services) $2,300 Multi cultural Association $ 1,300 St. George's Society 800 United Nations 600 Corporate /Private Donations 500 Garden Tour 500 Sale of Merchandise 100 Pub Crawl 1,250 City of Saint John 3,000 Misc. 150 TOTAL REVENUE $5,500 EXPENSES Daily Events (see list) $2,300 Office Supplies, postage, etc. 1,200 Printing of Schedule 500 Telephone /fax/ "internet 2,000 Rent 1,800 TOTAL EXPENSES $7,800 SHORTFALL (2,300) Note: Although not specifically budgeted for, it is expected that Corporate /private donations will make up the shortfall as 1998 donations totaled $3,000 and 1999 donations should improve if the City financially supports the festival. of {)_ tpxuLr t vunjor(A t_iej,dl, ',-tiI Vj 0,"IA ��'I Vii[: �.6i.1 r.W l�-r. cif\ �.��Yv�ava�w �v�- V�.t}' �t� �v i ,� r y+y .... .... -t �•, •. {f- - F . -t jaaCst Dais Cbi�, Meriu ge C e[ebratim igg& LOYALIST HERITAGE FESTIVAL EXECUTIVE: PRESIDENT: JAMES ANDERSON 2nd VICE PRES: CHRIS HAGERMAN TREASURER: RAYLENE ROGERS SECRETARY: LINDA CROSSMAN ` CHARLOTTE CLEMENTS TIM HOPKINS SIMON KENT ��7�.� \�i�►��lT�hfi� 7 WAYNE MACFARLANE GEORGE TEED s' y COMMON COUNCIL M & C 99 236 June 28, 1999 I , i■ ■ ■ 1. to i i 0 10 lox, i i '■ i ■ 1 i i,. Old General Hospital Site "i ,. City of Saint John Council at its meeting of May 25, 1999, authorized the sale of the Old General Hospital and Nurses' Residence Sites to Matrix Management Inc. for the purchase price of $650,000 + HST. The sale was to close on or before June 30, 1999. The solicitor acting on behalf of Matrix Management Inc. has requested a closing date extension because of the extensive title search involved. As a sigh of good faith, Matrix Management Inc. is willing to increase its deposit to $2.5,000, staff have no objection to this proposal. C i 1 I fill It is recommended that Common Council adopt the following resolution. "RESOLVED that as recommended by the City Manager, Common Council amend its resolution of May 25, 1999 to sell the Old General Hospital and Nurses' Residence Sites to Matrix Management Inc. by deleting the closing date of on or before June 30, 1999 and replacing it with on or before July 31, 1999; require a nonrefundable deposit of $25,000 payable forthwith (the receipt of $5,000 is acknowledged), and all other aspects of the resolution be the same." Respectfully submitted, Terrence Totten, C.A. City Manager I- _0 a I Ll ♦ �i ° o a P d4 00 61ph .ia ,.cabal a • b. 066la a #.�,'{ 460' o61s ' *a1 'T66 C a aj �SJ7 $Jd 00012641 o6O�G ir, r 0 t d D6p1JSP0 _ M 0 per. Op6jJJl8 , $ a ©(] 441J ` F >i 1 1U 1 4i 0 j SS" % o �.36 60 S 6X991 atJ300 �R 00,.x. +b 440 a aoPt3e7 069i]ti]f _ � � � _° o ��j1 t�'' ■�J�➢2 '!tom' o �. `\ fj�` --_ - ao t76i7 g • MIQ 1 a pA q�O CIO aaauwa OQQ1865 S # * #e C'J �il ,p .a 00010477 004f7737 ®'} °40 4 dpvyAav �} 4S0 JL �,$ 00077433 00417 6 Y 40618467 OQQ 15754 v) r -0473458 00017644 v�jP, �sli 44017687 Oo p '+ 00013474 na m 00077674 g 040734$7 °o o ssrrars! ssrronv S P ° \ D e ra ., I ` 00 - .',. 3 4QQ13 'a °0 6 °' n 9ooraasa o l S 47 6j0 ♦ 00015 %35 i 066la a #.�,'{ 460' o61s ' *a1 'T66 C a aj �SJ7 $Jd 00012641 o6O�G ir, r 0 t d D6p1JSP0 _ M 0 per. Op6jJJl8 , $ a ©(] 441J ` F >i 1 1U 1 4i 0 j SS" % o �.36 60 S 6X991 atJ300 �R 00,.x. +b 440 a aoPt3e7 069i]ti]f _ � � � _° o ��j1 t�'' ■�J�➢2 '!tom' o �. `\ fj�` --_ - ao t76i7 g • MIQ 1 Legal Department John L. Nugent City Solicitor RFUNNo Mej PO. Box 1971 TeL 506 658-2860 Saint John Fax: 506 658-2302 New Brunswick Canada E2L 4LI Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: OR City of Saint John Re: Amendment to City Market By-Law respecting hours operation I On June 14th, 1999 Council gave first and second reading to an amendment to the above-noted by-law, which would allow the City Market to be open for business on Thursday, July 1, 1999. Attached is the aforementioned amendment. Third reading is in order if Council so wishes. Respectfully submitted, JohnL. Nugent City Solicitor W Attachment BY -LAW NUMBER C -115- A BY -LAW TO AMEND A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened as fol.lows:- The City Market By -Law enacted on the fourteenth day of May, A.D., 1990, is amended as follows: 1. Section 3 is amended by repealing subsection (2) and by substituting the following: 3(2) The City Market shall be kept open from 10:00 a.m. to 4 :00 p.m. on Thursday, July 1, 1999. 2. Schedule "B" is amended by repealing paragraph 1(2) and by substituting the following: 1(2) Tenants may remain open between 10 :00 a.m. and 4 :00 p.m. on Thursday, July 1, 1999. IN WITNESS WHEREOF the City of Saint Jahn has caused the Common Corporate Seal of the said City to be affixed to this By -Law the day of , A.D. 1999, signed by: Mayor, the Member of the Council who presided at the meeting at which it was enacted; and Common Clerk First Reading: - June 14, 1999 Second Reading : - June 14, 1999 Third Reading.- CITY MARKET MERCHANTS ASSOCIATION OLD CITY MARKET 47 Charlotte Street Saint John NB E2L 2H8 Saint John City Common Council By means of this letter the City Market Merchants Association is requesting to open the City Market for Canada Day Celebrations on July 16t, 1999. We are requesting that the Market be open to the vendors for 9:00 am and open to the public for 10:00 am. Closing time will be 4:00 prn to the public and 5:00 pm • the vendors. Should any additional information be required please contact Shelley Poirier at 632-1900. 8helley�iner Association President City Market Merchants Association 1, W C"Ry 0 - 1 . F A q WT I j BY-LAW NUMBER C-115-18 A BY-LAW TO AMEND A BY-LAW _xELATING TO THE MARKET IN THE CITY OF SAINT Be it enacted by the City of Saint John in Common Council convened, as The City Market By-law enacted on the fourteenth day of May, A.D. 1990, is amended as follows: 1. Section 3 is amended by repealing subsection (2) and by substituting the following: 3(2) The City Market shall be kept open from 10:00 a.m. to 4:00 p.m. on Thursday, July 1, 1999. 2. Schedule "B" is amended by repealing paragraph 1(2) and by substituting the following: 1(2) Tenants may remain open between 10-00 a.m. and 4:00 p.m. on Thursday, July 1, 1999. 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 twenty-eighth day of June A.D. 1999 and signed by, N Mayor, the me """ ber of Council who prdsi the meeting ai;hich it was enacted; and Common CI f First Reading June 14, 1999 Second Reading June 14, 1999 Third Reading June 28, 1999 Legal Department John L, Nugent F0. Box 1971 'Tel.: 506 658-2860 City Solicitor Saint John Fax: 506 658-2802 Nm Brunswick Canada E2L 4LI June 25, 1999 R M. Her Worship Mayor Shirley McAlary City of Saint john And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Ike: Traffic By-Law Amendment - Candlewood Lane On June 14, 1999 Common Council gave first and second reading to an amendment to the Traffic By-Law which would prohibit parking along the entire northern side of Candlewood Lane. Third reading is now in order if Council wishes. Respectfully submitted, J0 L. Nugent City Solicitor cd A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO Be it enacted by the Common Council of the City of Saint John as follows: A By -Law of The City of Saint John entitled "A By -Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 6' day of September, A.D. 1977 is hereby amended as follows: 1. Schedule "B" - No Parking Anytime - is amended by adding the following words under the headings:- Street Limits Side Candlewood Lane Entire Length North IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this By -Law the day of , A.D. 1999, signed by: Mayor, the Member of the Council who presided at the meeting at which it was enacted and Common Clerk First Reading:- June 14, 1999 Second Reading:- June 14, 1999 Third Reading: - A02 C:5 RREPORT TO COMMON COUNCIL , May 27, 1999 M&C-99- 203 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, City of Saint John The City received a letter from Property Maintenance Ltd., which manages the common areas of Candlewood Lane, requesting parking be restricted on both sides of Candlewood Lane. This matter was considered at the May 25th meeting of Council and referred back to staff for a recommendation on one-sided parking. Candlewood Lane is a one way street off University Avenue running in an easterly direction for 0.378 km and is 6.7 metres wide. Under the Traffic By-Law there are no parking restrictions. The Transportation Association of Canada (TAC) standard for a one-way street is at least one 3-metre wide travel lane with an additional 2.4 metres for each lane of parking for a total of 5.4 metres for parking on one side. Candlewood Lane is 6.7 metres wide, allowing parking on one side. The request from Property Maintenance Ltd. is to ban parking on both sides. If parking is to be permitted on one side only, staff recommends that parking be restricted on the north side of Candlewood Lane. Section 194 (1) of the Motor Vehicle Act states: "Subject to subsections (2) and (4), no person shall stop or park a vehicle, or leave a vehicle standing upon a highway other than on the right hand side of the highway and with the right-hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder". With traffic moving from west to east on this one-way street, parking would be permitted on the south side. M &C-99-203 Parking on Candlewood Lane May 27, 1999 Page 2 The Board of Property Maintenance Ltd., for Candlewood Lane, had requested that parking be restricted on both sides. A number of calls were received from individual residents requesting that parking be restricted on one side only. The additional signage necessary can be absorbed within existing budgets. It is recommended that the following amendment to the Traffic By-Law receive first and second reading and further that it be referred to the Legal Department for appropriate action. STREET LIMITS SIDE Candlewood Lane Entire Length North submitted, Terrence L. Totten, C.A. City Manager perations F-11 1-Ye WAYM fox_,Xv1 PQ 1 lil!;iv ;j I - 0 F-1111 I M [01:4 1 WAL61 a I M 1:8 kyj [Q Ire] _.&TI 1! 1014 :W1 .1 1 ivi 1:4 0 1 " I M 1 Wo to, Be it enacted by the Common Council of the City of Saint John as follows: A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 6 th day of September, A.D. 1977 is hereby amended as follows: 1. Schedule "P" - Loading Zones is amended by deleting the loading zone which is described as "Union Street, south side, commencing at a point 39 metres west of Charlotte Street and extending 6 metres westerly." 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 twenty-eighth day of June A.D. 1999 and signed by- N M6yor, the memb rof Council who presi the meeting at whic ' it was enacted; and k Common Cfk First Reading June 14, 1999 Second Reading June 14, 1999 Third Reading June 28, 1999 - Legal Department John L, Nugent P0. Box 1971 Tel.: 506 658 -2860 city Solicitor Saint Jahn lax: 506 658 -2801 New Brunswick Canada E1L 41_1 June 25, 1999 11 1x Her Worship Mayor Shirley McAlary City of saint Job And Members of Common Council City Hall Saint John, NB Your Worship and Councillors. Pte: Traffic By-Law Amendment Loading i Union On June 14, 1999 Common Council gave first and second reading to an amendment to the Traffic By -Law with respect to the removal of the loading zone on Union Street between Charlotte and Germain Streets, following requests from a number of area merchants. Third reading is now in order if Council wishes, Respectfully submitted, Wei A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR. VEHICLE ACT, 1973, AND AMENDMENTS THERETO Be it enacted by the Common Council of the City of Saint John as follows: A By -Law of The City of Saint John entitled "A By -Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 6" day of September, A.D. 1977 is hereby amended as follows: 1. Schedule "P" - Loading Zones is amended by deleting the loading zone which is described as "Union Street, south side, commencing at a point 39 metres west of Charlotte Street and extending 6 metres westerly." IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this By -Law the day of , A.D. 1999, signed by: Mayor, the Member of the Council who presided at the meeting at which it was enacted; and Common Clerk First Reading:- June 14, 1999 Second Reading:- June 14, 1999 ............. .... .. M REPORT TO COMMON COUNCIL al� �*�§ Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, I 1 0147.1111 � NFAMiNI-Ceyk &VER-awi C-1171 City of Saint John The City has received a request from a number of merchants on Union Street between Germain Street and Charlotte Street for a parking meter space. The location is currently designated as a loading zone under the Traffic By-Law. kKr.Vft1&W The space has been used alternatively as a loading zone and a parking space. Conflicting requests have been received as to its designation. In order to determine the opinion of all the merchants on Union Street between Germain Street and Charlotte Street, a survey asked them whether they would like to see a loading zone or a parking meter space at this particular location. The results indicate that the majority of the businesses in that area favour a parking meter space on the street in order to better service their customers. Only one merchant on the south side of the street wants the loading zoned retained. At the present time there are two other loading zones in the area. One is located on the corner of Dorchester Street and Union Street and the other is located on the corner of Coburg Street and Union Street. M &C-99-202 Loading Zone - Union Street Page 2 The site in question is located on the south side of Union Street across from Dorchester Street. Under the City's Parking Meter By-Law, commercial vehicles have the right to park at a parking meter for up to fifteen minutes provided they are actively engaging in loading and unloading. The Saint John Parking Commission supports the recommendation. Their survey of the merchants is attached. 11"01 - - - - r I a k It is recommended that the following amendment to the Traffic By-Law receive first and second reading and further that it be referred to the Legal Department for appropriate action. Delete from Schedule "P" - Loading Zones Union Street South Side Commencing at a point 39 metres west of Charlotte Street and extending 6 metres westerly. Terrence L. Totten, C.A. City Manager perations NAME PARKING METER LOADING ZONE Loyalist City Coins Yes - Four Corners Framing & Gifts Yes Union Street Bingo No Response No Response Acadian Stained Glass Yes - Buried Treasures - Yes ** Kitchen Craft Used Appliances Yes - Permanent Choice Yes - Tobin's Tobacco Shop- Dad & Lad's Barber Shop Yes - Design Freedom Hair Styling Yes - Paul's place Yes - Rescue Centre Yes The Second Shop Yes - Bill's Used Furniture - Yes* Central Denture Yes Acropolis Deli - Yes* The Second _Shop Yes Wizard's Tattoo Yes - Both of these businesses have close access to a loading zone on Coburg Street (Corner of Union and Coburg Streets) ** Closest loading zone for this business is on Dorchester Street. Buried Treasures is located on the south side of Union Street in the middle of the block between Union Street and Dorchester Street. City of Saint John INTERNAL INSERTION 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, September 28, 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) V Public Notice(s) ❑ Mayor's Message ❑ General Notice(s) Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658 -2862 Public Notice is hereby given that the following by-laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Municipalities if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely: I By-law Number C.P. 100-505 A Law To Amend The July 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1151 Golden Grove Road) 2. A Law To Amend The Municipal Plan By-law August 12, 1999 (amending Schedule 2-A, the Future Land use Plan, and Section 2.4.6.28 of the Plan re 2690 Loch Lomond Road) 3. By-law Number C.P. 100-506 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 2690 Loch Lomond Road) 4. By-law Number C.P. 100-507 A Law To Amend The July 22, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 525 McAllister Drive) 5. By-law Number C.P. 100-508 A Law To Amend The August 12, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 225-227 St. John Street) 6. By-law Number C.P. 100-509 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 1111 Churchland Road) 7. By-law Number C.P. 100510 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 895 Grandview Avenue) 8. By-law Number C.P. 100-511 A Law To Amend The September 14, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 477 Millidge Avenue) 9. By-law Number C.P. 100-512 A Law To Amend The September 15, 1999 Zoning By-law Of The City of Saint John (amending Schedule "A" re 375 Somerset Street) Office of the Mary L. Munford Common Clerk Common Clerk Mr. Vince Catton Atlantic Home Improvements Ltd. P.O. Box 1084 Saint John, N.B. E2L 4E6 Dear Sir: Re: 1151 Golden Grove Road P.O. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4L1 "T 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 July 15, 1999 and became effective on that date. Yours truly, Mary 0/61/1 IL 10-r?��al2l_L Common Clerk MLM/jaf encl. cc: Jim Baird, Manager, Community Planning William Edwards, Building Inspector (Section 39 Resolution) Fd.qr*TWjff .7,jVAj6-Tq-T,,W 0 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. owners 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 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 Be it enacted by the City of Saint John in Common Council convened, as MONFINM 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 1151 Golden Grove Road (NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS- 1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, pursuant to a resolution adopted by the Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the twenty-eighth day of June A.D. 1999 and signed by: Common C k First Reading June 14, 1999 Second Reading June 14, 1999 Third Reading June 28, 1999 REZONING I I AMENDING MAP SHEET 172 SCHEDULE "A" OF THE ZONINt BY-LAW OF THE CITY OF SAINT JOHN � FROM TO RS-1 M One and Two Family and Mobile Home Suburban Residential ROAD B-2 General Business * Pursuant to a Resolution under Section 39 of the Community Planning Act re r], Location: 1151 Golden Grove Road Recommendation by P.A.C.: June 8, 1999 Enacted by Council: Filed in Registry Office: Date Drawn: June 21, 1999 File No.: 07P-132 55099AF ti Office of the Mary L. Munford Common Clerk Common Clerk aff�� Mr. Vince Catton Atlantic Home Improvements Ltd. P.O. Box 1084 Saint John, NB E2L4E6 C� ' 5111 PO. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- City of Saint John " RESOLVED that the by-law entitled, "By-law Number C.P. 100-505 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 1151 Golden Grove Road (NBGIC Number 55099246), having an area of approximately 1.4 acres, from "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the property is limited to residential and an office, showroom and material storage area (interior storage only) for a building renovation contractor business; (b) the business indicated above in (a) is limited to the existing garage; (c) no additions are permitted to the garage; (d) no outside storage of material or garbage containers are permitted; (e) the hours of operation are limited to Monday through Friday, 8:30 a.m. to 5:30 p.m. and Saturday, 10:00 a.m. to 1:00 p.m.; (f) one non-illuminated, facia sign is permitted to advertise the business, having a maximum area of 1.4 square metres (115 square feet); (g) the maximum number of employees permitted to operate from the subject property is limited to 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 • Saint John, by re- zoning a parcel of land located at 1151 Golden Grove Road (NBGIC Number 55099246), having an area • approximately 1.4 acres, from 1 M" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business classification, pursuant to a resolution adopted by the Common Council under Section 39 • 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 June 14, 1•9• Second Reading June 14, 1999 Third Reading -LAW AMENDMEN PROPOSED ZONING BY RE: 1151 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By-law at its regular meeting to be held on Monday, June 14, 1999 at 7:00 p.m., by: Re-zoning a parcel of land located at 1151 Golden Grove Road, having an area of approximately 1.4 acres, also identified as being NBGIC #55099246, from One and Two Family and Mobile Home Suburban Residential to "B-2" General Business. REASON FOR CHANGE: To permit an office, showroom and building material storage area for a building renovation contractor to be established within an existing garage on the subject site. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. (17 lk M/ For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. M%i1FORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): 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 8,1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: 0 Tender(s) E] Proposal(s) ( Public Notice(s) E] 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 Mr. Vince Catton Atlantic Home Improvements Ltd. P.O. Box 1084 Saint John, NB E21- 4E6 Dear Sir: P.O. Box 1971 506 658-2862 Saint John New Brunswick Canada E21-41-1 At a meeting of the Common Council, held on the 3rd instant, the following resolution was adopted, namely:- c1 t) City of Saint John " RESOLVED that the application of Atlantic Home Improvements Ltd. for the re- zoning of property at 1151 Golden Grove 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 Monday, June 14, 1999, at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L. Iunford Common Clerk MLM:sc Enc (1) Application for a Zoning By-law Amendment Applicant Related, Information 'Mmmo of Annlinnnt v 1�f Telephone Number Home Business Fa., Number (if any) Name of Property Owner (if different) Mailing Address of Owner Postal Code iV Municipal Plan Land Use Designation Amendment Requested A -A Present Zoning [D-Cfiange Zoning to :? _2 arid/or 0 Text Amendment (indicate particulars) Q� m) Development Proposal Description of Proposal YOU must provide a scaled sire plan that iIIz1s'ra1eS your proposal You may also provide photographs, building plans, elevation drawings and any other form of The plan )71 list 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 Provide any other information about Your proposal that would be helpful Signature of Applicant Z7 Date �& El S400 Application Fee Enclosed lfyort are not the OWner of the land in question please have the olvner sign below. The signature from the owner is atithorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Date DESCRIPTION OF PROPOSAL (A) 1. Due to expansion at Bourque Industrial - Bourque Industrial is purchasing our present location to accommodate their expansion. 2. Due to the sale of Atlantic Home Improvements Ltd. property - the company must relocate its business to 1151 Golden Grove Road, 3. Presently at 1151 Golden Grove Road is a 30 X 60 Garage completely finished and landscaped with ample parking. 4. The garage would be converted into offices and storage to accommodate the business. Daymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steel Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality Workmanship Is Alever An Accident - It Is Done By People Who CARE" 1. To ensure the operation of Atlantic Home Improvements and empoyees without any major interruptions, during our busiest time of the year. 2. The building is already constructed, fully landscaped and ample parking. 3. There would be no changes to the appearance of building or the property. 4. Enviornmental Friendly - nothing outside on property at all. No cartons or storage at all - no messes outside. 5. There are only 2 houses within 300 feet of said property - one is across the road and one is to right of property (see photographs) next closest house is about 1-2 kilometer nsC 6. Property is on the corner of Golden Grove Road and Clark Road of which is a dead end street. 7. No one can build beside or behind property. plang .1 1 [lint, JW'J6UJ�MJ1'q' Minimum I 8. Company presently employees 16 full time staff members and between 4 to 6 seasonal personell during the year. 9. Atlantic Home Improvements Ltd. has been a local Saint John Business for 18 years and feels that the relocation will help better suit our needs. Daymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steel Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems PROVIDE ANY OTHER INFOR14ATION ABOUT YOU PROPOSAL THAT WOULD BE HELPFUL. (C) 1. Within 2 Kilometers on Golden Grove Road are the following businesses. A. General Freight - transport trucks carriers. B. Hamilton's Roofing. C. McDonald's Crane Service. 2. There would be no bigger than a one ton as far as trucks M 3. Office hours are 8:30 - 5:00 p.m. No interruptions to the two neighbours. 4. Garage will be used basically to accommodate sales people and office staff with no interruptions to neighbours. Daymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steel Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality Workmanship Is Never An Accident - It Is Done By People 97io CARE" Building & Technical Services City of Saint John PO. Box 1971 Saint John, N.B. E2L 4LI (5C05) 658-291 I 1 ,ILI M -5 DATE THIS RECEIPT IS NOT INTENDED TO SERVE AS A PERMIT, BUT AS A RECEIPT ONLY. A PROPER PERMIT MUST BE ON SITE BEFORE CONSTRUCTION IS STARTED. HST # R 122 681158 TOTAL: 6 21 FORM:'-- RECEIVED BY: �T+v �r�SV/ • a' e +rte ' �p� �+dV I' �.� Y Do A 3Sj pfd G �` ON �/ „�� pC7 a ��'• p I >} ho•8 ��� �' �� , �24 ch.-5B.i7 [ ; `•' €h• Az, -271 x" ArC, ^50,51 C, C. 0 I C yd �" ! Rpod.� °yd2ry$9`9U Az.-15' 21' 10w o ry °4 €1rc .29 1 464 Ito C. G. I 1 CVP if 1 CIL -42,Q'O r05. ' '• 1 GAL Az. -�223' ! 20" ^� yi 00.. 1i Lh P. � ,� � "tee +�,y� ' ,, °tl • 5,811 m2 :h M J N N i I V I F�",7 `t S + `y v y I� i :h M J N N i I V �Q r' h, iIf I I s i OR r ,1 ra e j lac 78,: 1 E2 well I COPY ICHT© Surveyor's, Certificate n may copy , reproduce iisTr�buke Cr plan in whale or in part without I, hereny certify that the survey I;hoWn on t ermiss on from Hughes Surveys & correct and meets the Real Pro, arty Report C; r i�ibzsl',^ + 1 c4u � e. v VO P d c, U6 C Yoe- chs+uvloed A I��ec�r�L� � �,zC�_ Daymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steel Replacement Doors - Alummum, Seamless Evestroughing - Curing Condensation Problems "Quality Workmanship Is Never An Accident - It Is Done By People Who CARE" I i CI U- Ye aLA VVI Daymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steel Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality Work-nianship Is Never An Accident - It Is Done By People ATLANTIC HOME IMPROVEMENTS LTD. 125 INDUSTF41AL DRIVE E.O. BOX IOU SAINT JOHN, N.B, E21-4E6 Ccrher U V0 IN Raymond Vinyl Siding - Home Guard Vinyl Replacement Windows - Storm Windows and Doors Steet Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality Workmanship Is Never An Accident - It Is Done By People Who CARE" ATLANTIC HOME IMPROVEMENTS LTD. 125 INDUSTRIAL DRIVE P, O. BOX 1084 SAINT JOHN, N. B, E2L 4E6 PHONE: 633-16 16 FW 634-7235 "Your National Award Winning Company" ? Lo C" 41 -G-c vy, W e 0- a _1�11'200 Be it enacted by the City of Saint John in Common Council convened, as 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 r zoning a parcel of land located at 1151 Golden Grove Road, having an area of approximately 1.4 acres (being NBGIC Number 55099246), fro "RS-1 M" One and Two Family and Mobile Home Suburban Residential General Business classification I - 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 [:a as] 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, June 14, 1999 at 7:00 p.m., by: 4 � � �s _e No Re-zoning a parcel of land located at 655 Latimore Lake Road, having a width of approximately 20 metres (66 feet) and a length of approximately 1.2 kilometres (0.75 miles), also identified as being portions of NBGIC #324905 and 55068738, from 1 and Two Family and Mobile Home Suburban Residential, "RS-1 " One and Two Family Suburban Residential and "P" Park to "RF" Rural, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a new access road from Latimore Lake Road to the existing gravel pit, located to the rear of the Latimore Lake Mobile Home Park. Re-zoning a parcel of land located at 1151 Golden Grove Road, having an area of approximately 1.4 acres, also identified as being NBGIC #55099246, from "RS-1m" One and Two Family and Mobile Home Suburban Residential to "B-2" General Business. REASON FOR CHANGE: To permit an office, showroom and building materia,.' storage area for a building renovation contractor to be established within an t,xistinq garage on the subject site. 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. City of Saint John INTERNAL r O ORDER For City of Saint John use only. Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MIRY MUNFORD Phone: 658 -2862 Fay: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (S T'G =Saint John Times Globe; T-J= 'Telegraph Journal) SJTG City Information Ad - SJTG Independent Placement SJTG CIassifieds - T -J Independent Placement " T -J Classifieds Date(s): Tuesday, May 18, 1999 Tuesday, June 8, 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) f Public Notice(s) ❑ Mayor's Message ❑ General Notice(s) Planning Advisory Committee MUpli`1<.` .s1.`IC lri June 9, 1999 Your Worship and Councillors: SUBJECT: Rezoning Application 1151 Golden Grove Road P.O. Box 1971 500 658 -2800 Saint John New Brunswick Canada E21.. 411 11 t:i y of Saint John On May 3, 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 June 8, 1999 meeting. The applicant, Mr. Vince Calton appeared at the meeting and spoke in favour of his application. A total of six letters were received from neighbouring property owners; three in favour and three against the application. A petition was also received in opposition to the proposal (see attached). Three residents spoke at the meeting in opposition to the rezoning of the subject property. Their concerns focused on other potential uses for the property once rezoning is approved; there are existing areas in the City where commercial businesses are encouraged; traffic along this section of Golden Grove Road is potentially hazardous and spot rezoning of property in a residential area should be denied. Some members of the Planning Advisory Committee thought it would have been better if the applicant had applied for a "special zone" rather than a commercial zone category. After some additional discussion, the Committee adopted staff's recommendation. That the application be denied. Respectfully submitted, Brian Cun Ingham Chainnan CL/ Attachments Community ]in, Baird MCiP P.O. Box 1971 5U6 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: JUNE 4, 1999 TO: PLANING ADVISOR' COMMITTEE FOR: MEETING OF JUNE g, 1999 u City of Saint John Planning Officer r Name of Applicant: Vince Catton Name of Owner: Vince Catton Location: 1151 Golden Grove Road NBGIC: 55099246 Municipal Plan: Unserviced Residential Zoning: Existing: "RS -IM" One and Two Family and Mobile Home Suburban Residential Proposed: "B -2" General Business Proposal: To permit an office, showroom and building material storage area for a building renovation contractor to be established within an existing garage on the site. Type of Application: Rezoning 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, June 14, 1999. Vince Catton I ..ge: 2 1151 Golden Grove Road Date: rune 4, 1999 t 6 That the application be denied. Engineering has no objection to the proposed rezoning application to operate a contractor's business from the subject property. Building and Technical Services have indicated the garage may require a second exit, increased fire rated material for a portion of the interior walls and some other minor renovations. Real Estate and Facility Management are not in favour of this application. Spot rezoning will create problems for the surrounding residential properties. Once a property is rezoned to commercial it would open the door for other types of commercial businesses. N.B. Department of Public Health Services have indicated that provided no more than five persons are employed at this location, the existing sewage system should be able to accommodate the increased demand on the system. If more than five employees are present, the system may require an upgrade and would be further reviewed by the department. Proposal The applicant is requesting rezoning of the site from "RS -IM" One and Two Family and Mobile Horne Suburban Residential to "13a2" General Business. If rezoned, the applicant intends to establish and operate an office, showroom and building material storage area for a building renovation contractor. The business would be located in an existing 30 foot by 60 -foot garage, located on- site. Attached are plans illustrating the proposed floor plan, existing site plan and a photograph of the building intended for the use of the business. These plans illustrate five office spaces plus a reception area. This business, Atlantic Home Improvements Ltd. is currently located in the Grandview Industrial Park. The property has been sold and therefore, the applicant is planning to re- locate the business to his home address. The applicant plans to downsize his current business if allowed to operate from his residential property. Vince Catton t -ge: 3 1151 Golden Grove Road late: June 4, 1999 Site and Neighbourhood The subject property is located off the Golden Grove Road near the intersection with Clark Road. There are portions of Golden Grove Road that are zoned industrial and commercial, however they are located significantly closer to the McAllister Drive area. This area is predominately low density residential. A single family dwelling and detached garage were constructed on the site in 1995. The property is fully landscaped with a paved parking area and driveway. The proponent does not plan to change the appearance of the garage nor the property or have any outdoor storage of any materials. The property backs onto a lake and is surrounded by mature trees on either side of the property. The site is an attractive and well maintained property. Rezoning The designation of this area according to the Municipal Development Plan, is U'nserviced Residential. As the designation implies, this area of the City is intended to be developed for low density residential homes on unserviced lots. In addition, non - residential uses are permitted that are intended to serve the neighbourhood community or are small and have little impact on the residential area.. A building contractor business would not be a use to serve only the local community, rather the business would serve the Greater Saint John area. While the building is relatively small, the nature of the business can have an impact on the residential area. The subject property is an attractive and well maintained residential property. The applicant resides on the property and it is his intent to continue to care for the site so as not to detract from the appearance of the property. Except for additional employee vehicles on the site, the applicant has indicated that there would be no other indication that a business is operating from the site. However, staff cannot support rezoning the subject property to "B -2 " General Business to accommodate a contractor's business from this location. tions The existing residential zone for the subject property permits a home occupation, subject to satisfying the requirements of Section 810(3) of the Zoning By -law. The purpose for these regulations is to limit the nature and scale of operation so that any impact on the surrounding residential properties is negligible. The most significant features in this case are that it must be located in the primary residence of the operator and no more than two persons are engaged in the home occupation, other than members of the family residing in the home. Vince Catton i -8e: 4 1151 Golden Grove Road Date: June 4, 1999 The applicant could operate a business office out of his residence, having up to two additional employees who do not reside in the dwelling, however the applicant has indicated there would be more than two employees. No part of the home based business is permitted outside of the dwelling and in addition, the permitted maximum floor area for a home occupation would be significantly less than the size of the garage. The applicant has indicated that he wishes to downsize his current operation, however, the requirements for a home occupation are significantly more restrictive than the applicant's desire for his business. Rezoning of the subject property to a commercial zone to accommodate a building contractor business of this magnitude is not an appropriate use for this residential community. This business would be appropriate in existing commercial or industrial areas of the City. .� o 40MMUNITY PLANNING 0 taw rvr 07 f rO qp6 .r B�rN�Fa RQpn t 1� f { f 4-4 7i3? 34 �w RS 1 Grassy Lakes �} "Ed.%'' 1161 "�1 IIGa .[' Shaw's Lake 1144 1 p / ol + � r 1 i f $ p93 r RF v r i 1 a 8p3! 4 � Wtl 1 i r i 1 e xi2s 3 c xi:a Q l (W t 1 NBGIC Number (s): Subject Site: ; z: 55099246 Address: 1151 Golden Grove Road Map Number: 07P-B2 Date: May 10, 1999 Scale: N.T.S. as i ® ,) n � � Lo to I its M 9 Qt ce- t "r Q; h g i Y "11.. q fS � E Q L f CC" as i ® ,) n � � Lo to I its M 9 Qt ce- t "r Q; h g i Y "11.. rl c', Thornos E. Ieps:.n 1'roPf!.'tY (D surveyor S Cer -tifir -ate co YRIGHT S'jr'ey '311own on reproduce cliStr;bute t-ere:), ccrl.,fyethct -n rna> COPY and Te -,S the Real Pro,, rty Report pipn in whole or in part without cor,ec� -A errn,5S:or` frOm HU qhcs Sur'Veys & I .. . 0 Cr if , ATLA.,iTIC HOME IM PROVE MENI, LTD. 125 INDUSTRIAL DRIVE P.O. BOX 1084 SAINT JOHN. N.B. E21- 4E6 PHONE: 633-1616 FAX: 634-7235 "Your National Award Winning Company" t U � I C�i (.t Y e, 0 � �� C�V Li G�C- � �!� � CL C.( 'R (k- Y cl 1 C dc��� . .. ... ... .. 5 C) vc T Dayniond Vinyl Siding - Home Gu-ud Vinyl Replacement Windows - Sturm Windows and Doors Steel Replacement Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality JVorkmariship Is Never An Accident - It Is Done By People 1 Vho CARE" Uell The following people are against the request by Atlantic Flame Improvements Ltd. to rezone 1151 Golden Grove from " 1 M" ®ne and Two Family and Mobile. Rome Suburban Residential to "B2" General Dusiness. NAME — --------------- ADDRESS PHONE Plil 3 8' �-�- 11 __.._ 16 �... 17I ' [210 256 -J ry 27 28 7 a i. — 2'9 31 ➢� 34 36 38 40 41 _e. -- 43 44 j 45, . —� 47 __. - - -- 48 49� 51 - - 521 The following people are against the request by Atlantic Horne improvements Ltd. to rezone 1151 Golden grove from "RS-1M" One and Two Family and Mobile Home Suburban Residential to "132x" General Business. NAND ADDRESS PHONE 2 2 3 p �. 5 - 8 _ 9 10 11 12 13 _ 14 —_. 161 _.. _._ 1$ _ 20, — k _. ...... Dear Ladies and Gentlemen: Our land is connected to Mr. Vince Cations and we feel that if he moves his business to his home he will continue to maintain the premises in the same manner in which they have always been kept. We see no problems arising from the business being moved here. He has assured us that everything will be kept inside the garage and not stored outside the building. Respectfully yours, Mark Davey IS H M MOM ffwm n f) f3 yP a MAY 9,7 9999. ly % Community Planning P.O. Box 1971 Saint John,NB E21, 4LI Att'n Curtis Langille Joanne & Mark Gunter 1184 Golden Grove Road Saint John B. E2N I W4 Tuesday, May 25,1999 Re: Rezoning Application 1151 Golden Grove Road Dear Sir; I am writing in response to your letter regarding the rezoning request at 1151 Golden Grove Road by Atlantic Home Improvements Ltd. I am very definitely apposed to this proposal. I feel I am very fortunate to live in this country atmosphere and still be so close to all the amenities of our city. I have chosen to live in a residential suburb not a business district. Will this be another case of having to live with it, as the residence of Loch Lomond and the auto body shop or Old Black River Road and the welding school? I feel there is enough vacant properties and locations i.e. Parkway Mall and Rothesay Avenue, and further development of the strip mall on McAllister Drive that can fill these business purposes, that moving into our residential neighborhood is unnecessary and uncalled for. Sincerely, 0 Joanne Gunter 1999 M AY go Id, ` i ! j The Re-Zoning of Golden Grove d Report Response & Request for Support ,,w CitV Saint CitV Council r EIVED. C 0 PTOE CIS OF 'PP 001 Uolden Grove Re-zoning: This is a document for the purpose of response to the Community Planning report and neighborhood opposition to the 1151 Golden Grove Road Re- zoning Request, Mr. Vince Catton is requesting the re- zoning of 1151 Golden Grove Rd. The present location of Atlantic Home Improvement has been sold and Mr. Catton, the owner of the company has until July 16 th , 1999 to move the business operation . If Atlantic Home Improvements can be moved to 1151 Golden Grove, in an existing structure on the Residential Property of Vincent Catton, the company can maintain the business, secure the employment of its employee's, reduce its overhead and pass the savings on to the customers, fulfill commitments for existing customers and provide security of employment and emotion to management, employees and contractors who financially depend on this business. The site: There are only two homes around the said property, with in 300 feet. ' Please note that another house is not visible for quite a distance. There is no possibility to build around or near any part of the said property. A major transport company with tractor trailers occupies an area within 1 % km of the property, also a roofing company and a sandblasting company. Many parts of the Golden Grove Rd are already zoned " General Business ", these areas are more densely 'Please note the enclosed pictures in appendix 1. A) across road b) to right of property c) exit on to Clark& Golden Grove Rd. residentially populated. In fact Atlantic Home Improvement is smaller in size and has less obvious activities as many of the other companies.' Mr Catton has maintained this property for a number of years and has no intention to allow his residence or property to develop dis repair, e v Atlantic Home Improvements employ 16 full time and 6 part time workers, these worker do not all work on this property site. There are between 1 -3 persons in the office during regular working hours. Employees come to the Garage in the morning to pick up their work sheets. They are away on work sites for the rest of the day and do not return until the next morning, which begins their routine again. All lumber and materials are delivered directly to the work site, therefore there is no sightly deposits on or around the property. There is no storage or garbage materials outside and the business operates similar to a call center. The company has 1 half ton cargo van, 2 cube vans and company trucks which go home with the employees at night. There are no illuminated signs, the business is not loud or obstructive to operate and has no threat of negative impact on the community. Impact on or or o It is an non intrusive business with little risible sign of it's presence. It is not a company violating any noise restrictions or which interferes with the natural order of a residential communit-\°. The owners of the two closest properties have signed statements of their support for 'Appendix 2: is a listing of surrounding businesses . the company.' There are no distracting illuminated signs and the operation of business which is conducted on site is minuscule. However if Atlantic Home improvement does not secure the property as a site of operation, the company will be forced to close the business until other accommodations can be negotiated. This will cause the unemployment of 16 frill time and 6 part time workers, and reduce work for local contractors". There will be no downsizing of costs to pass on to the customer or to stay competitive in fact the prices may increase due to the unexpected expenses and loss of business. The company will not be able to fulfill all of the obligations to present customers if it is put in a position where it must shut down. The success rate of a business forced into closure is difficult to resume as the lack of confidence and mistrust developed over such a close will be detrimental. 1 1411 Atlantic Home Improvements is willing to work with the City to negotiate an agreement which accommodates the company and the residents. The closest property owners are in agreement with the re zoning of the area and have no objections to Atlantic Home Improvements operating out of the said property. The individuals objecting to the rezoning are not located in the property being considered for the company. Mr. Catton is willing to negotiate 'See appendix j ' Electricians, Plumbers and roofing specialists compromise to an effective settlement. He has already down sized the on site operations of the company to a minimum, with workers working on work sites instead of the property site. There is minimum on site staffing. The Engineering and Building and Technical Services Department have no objections to the re- zoning. The Company already complies with any standards set out by the NB Department of Public Health Services. Given the specifics of this situation, we request the re- .zoning of 1151 Golden Grove Road to proceed with the support of Council. We thank you in advance for your consideration and support in this matter. M Households 288, Businesses 18 Businesses Located on Golden Grove Road 1. Three Mile Tavern 2. Don Soucy's Garage 75 Golden Grove Rd. 3. Back rail Bar & Grill 87 Golden Grove Rd. 4. Chez Suzanne Hair Design 87 Golden Grove Rd. . Raceway Variety Store 87 Golden Grove Rd. . Maebarry Automotive 91 Golden Grove Rd. 7. Geordel's Happy Day Nursery 130 Golden Grove Rd. S. Doug's Auto Body 187 Golden Grove Rd, 9. Thomas Construction Ltd. 190 Golden Grove Rd. 10. Nu -kook Home Improvements 230 Golden Grove Rd. 11. Grove Auto Body 264 Golden Grove Rd. 12. Williston Special Care Horne 299 Golden Grove Rd. 13. General Freight Carriers 303 Golden Grove Rd. 14. Hilden House Special Care Home 463 Golden Grove Rd, 15. MacDonald Crane Service 510 Golden Grove Rd. 16. Hamilton Roofing 510 Golden Grove Rd. 17. Lakeside Convenience 1925 Golden Grove Rd. 18. Warren Maritimes Paving 2435 Golden Grove Rd. Dear Ladles and Gentle on: Cwt land is connected to Mr. Vince Cattons and we feel that if he moves his business to his borne he -"ill continue to maintain the premises in the same manner in which they have always been kept. We see no problems arising from the business being moved here. He has assured us that even-ffiing will be kept inside the. garage and not stored outside the building. respectfully yours, Mark Davey M, AI ISM 40 • VI ER Ci ? abed v.:,vc s f f) 66 -un f- `ONINNV�d AIINnmiPqc.- :Ad cues � um C,'r A6p�j 'p,.r`= �� " ,", `.-__ ... --- 7/ -3-L/ ---'------------ mio REPORTTO COMMON COUNCIL M&C -99 -226 June 24, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application for 1151 Golden Grove Road City of Saint John Common Council held a public hearing for the above noted application on Monday, June 14, 1999. Tire applicant, Mr. Vince Catton appeared at the hearing in support of his application. A number of residents from the surrounding area spoke against the application. Council gave first and second reading to adopt the rezoning to `B -2" General Business. Council has requested that prior to giving third reading, staff submit recommended Section 39 conditions for the subject property. Planning staff met with the applicant on Wednesday, ,tune 16, 1999 to discuss possible conditions for the rezoning of the property. The applicant is in agreement with the following conditions. These recommended conditions are intended to define the applicant's business and limit the use of the property to the applicant's proposal. The applicant proposes to operate an office, showroom and material storage area (interior storage only) for a building renovation contractor business to be hlished within an existing garage on the site. The rezoning of the site should '-ted to the above noted use along with the exiting residential use of the addition, no enlargements to the garage should be permitted in order :e of operation for the business. The applicant plans to limit the Report to Common Council page 2 June 24, 1999 hours of operation to Monday through Friday, 8 :30 to 5:30 p.m. and Saturday, 10.00 a.m. to 1:00 p.m. No outside storage will occur on the site. To minimize the appearance of the business on the surrounding area, the amount of signage should be compatible to the residential character of the neighbourhood. A non- illuminated, facia sign having an area of 1.4 metres (15 square feet) would allow the property some advertising but minimize its impact on the neighbourhood. This sign would be placed on the face of the garage. No other signs advertising the business are intended to be placed on the property. The maximum number of employees working at this property would be limited to five plus the owner. No carpentry work or milling would occur on the site. The applicant is agreeable to all of the above noted conditions. Strategic Plan Conformity /Existing City Policy It is the policy of the City to encourage business development, while still protecting the interest of the general public. 2. Input from Other Sources See attached report. 3. Financiallmplications None That if Common Council gives third reading to the rezoning of the property at 1151 Golden Grove Road, also identified as NBG1C number 55099246, that it be pursuant to Section 39 of the Community Planning Act, setting out the following conditions: a) the use of the property is limited to residential and an office, showroom and material storage area (interior storage only) for a building renovation contractor business; b) the business indicated above in (a) is limited to the existing garage; C) no additions are permitted to the garage; d) no outside storage of material or garbage containers are permitted; e) the hours of operation are limited to Monday through Friday, 8:30 a.m. to 5:30 p.m. and Saturday, 10:00 a.m. to 1 :00 p.m.; f) one non - illuminated, facia sign is permitted to advertise the business, having a maximum area of 1.4 square metres (15 square feet); g) the maximum number of employees permitted to operate from the subject property is limited to five plus the employer; and Report to Common Council June 24, 1999 h) no carpentry work or milling is permitted on the site, submitted, Terrence Totten, C.A. City Manager CL/ Page 3 Community ling Laird MCIP P.O. Box 1971 Sub 658 -2835 Planning Manager Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 41,1 D. 9•. TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF JUNE 8, 1999 c City of Saint john Planning Officer Name of Applicant. 'Vince Calton Name of Owner: Vince Catton Location: 1151 Golden Grove Road NBGIC: 55099246 Municipal Plan: Unserviced Residential Zoning: Existing: "RS -IM" One and Two Family and Mobile Horne Suburban Residential Proposed: "B -2" General Business Proposal: To permit an office, showroom and building material storage area for a building renovation contractor to be established within an existing garage on the site. Type of Application: Rezoning 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, June 14,1999. I I- Vince Cation l -ge: 2 1251 Golden Grove Road Date: June 4, 1999 That the application be denied. ® . . Engineering has no abjection to the proposed rezoning application to operate a contractor's business from the subject property. Building and Technical ,Services have indicated the garage may require a second exit, increased fire rated material for a portion of the interior walls and some other minor renovations. Real Estate and Facility Management are not in favour of this application. Spot rezoning will create problems for the surrounding residential properties. Once a property is rezoned to commercial it would open the door for other types of commercial businesses. N.B. Department of Public Health Services have indicated that provided no more than five persons are employed at this location, the existing sewage system should be able to accommodate the increased demand on the system. If more than five employees are present, the system may require an upgrade and would be further reviewed by the department. Proposal The applicant is requesting rezoning of the site from "RS -1M" One and Two Family and Mobile Home Suburban Residential to "B -2" General Business. If rezoned, the applicant intends to establish and operate an office, showroom and building material storage area for a building renovation contractor. The business would be located in an existing 30 foot by 60 -foot garage, located on -site. Attached are plans illustrating the proposed floor plan, existing site plan and a photograph of the building intended for the use of the business. These plans illustrate five office space -1-s— a reception area. This business, Atlantic Home Improvements Ltd. is currently located in the Grandview Industrial Dark. The property has been sold and therefore, the applicant is planning to re- locate the business to his home address. The applicant plans to downsize his current business if allowed to operate from his residential property. Vince Catton I -ge: 3 1151 Golden Grove Road Date: Tune 4, 1999 Site and Neighbourhood The subject property is located off the Golden Grove Load near the intersection with Clark Road. There are portions of Golden Grove Road that are zoned industrial and commercial, however they are located significantly closer to the McAllister Drive area. This area is predominately low density residential. A single family dwelling and detached garage were constructed on the site in 1995. The property is fully landscaped with a paved parking area and driveway. The proponent does not plan to change the appearance of the garage nor the property or have any outdoor storage of any materials. The property backs onto a lake and is surrounded by mature trees on either side of the property. The site is an attractive and well maintained property. Rezoning The designation of this area according to the Municipal Development Plan, is Unserviced Residential. As the designation implies, this area of the City is intended to be developed for low density residential homes on unserviced lots. In addition, non - residential uses are permitted that are intended to serve the neighbourhood community or are small and have little impact on the residential area. A building contractor business would not be a use to serve only the local community; rather the business would serve the Greater Saint John area. While the building is relatively small, the nature of the business can have an impact on the residential area.. The subject property is an attractive and well maintained residential property. The applicant resides on the property and it is his intent to continue to care for the site so as not to detract from the appearance of the property. Except for additional employee vehicles on the site, the applicant has indicated that there would be no other indication that a business is operating from the site. However, staff cannot support rezoning the subject property to "B -2" General Business to accommodate a contractor's business from this location. Options The existing residential zone for the subject property permits a home occupation, subject to satisfying the requirements of Section 810(3) of the Zoning By -law. The purpose for these regulations is to limit the nature and scale of operation so that any impact on the surrounding residential properties is negligible. The most significant features in this case are that it must be located in the primary residence of the operator and no more than two persons are engaged in the home occupation, other than members of the family residing in the home. Vince Catton 1151 Golden Grove Road i -,5e- 4 Date: June 4, 1999 The applicant could operate a business office out of his residence, having up to two additional employees who do not reside in the dwelling, however the applicant has indicated there would be more than two employees. No part of the home based business is permitted outside of the dwelling and in addition, the permitted maximum floor area for a home occupation would be significantly less than the size of the garage. The applicant has indicated that he wishes to downsize his current operation, however, the requirements for a home occupation are significantly more restrictive than the applicant's desire for his business. Rezoning of the subject property to a commercial zone to accommodate a building contractor business of this magnitude is not an appropriate use for this residential community. This business would be appropriate in existing commercial or industrial areas of the City. Grassy Lakes gi A AO O 196 1 1007 —Is-ubject Site: .;OMMUNITY PLANNING Address: 1151 Golden Grove Road Number: 07P-B2 Date: May 10, 1999 Scale: N.T.S. NBGIC Number (s): 55099246 I irn r t3 q ry cr IM � O ;�i irn r t3 q ry I t I r. �r :e Thornos E. jep:-n PrOPQ.0Y I Cv, Certificate Surveyor 'y C)r Co YRIGHT . Sjr�ey -,hown on per, Reoi Pro,, -rty Repo t tne rep r; c�-r6lfj thOt ,n rncl� COPY without eels the p;�n in yhoje o( in Lor,ecl C"d ,,Mlss:or, from Hoohes SQ(,Yeys & jr , cs �) �ic��Er�. o-� 01 c-, o- v 6 Y7 1 C 6� vvt D Y K1 �, c" 6A . vc� tj + U, LkLH- Diynwnd Vinyl Siding - Home Gu,-ud Vinyl Replacement Window's - SIOM lvindows and Doors slet!j Peplicefnent Doors - Aluminum Seamless Evestroughing - Curing Condensation Problems "Quality Workmal'shiP Is Never Art Accident - It Is Done By People Who CARE" A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of the City of Saint John as follows: 1. A by-law of the City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the twenty-first day of September, A.D. 1970, is hereby amended by adding thereto Section 144 immediately after Section 143 thereof, as follows- - 144. The City of Saint John does hereby stop up and close permanently the following portion of highway: All that certain part of a public street lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as that part of the "Road laid out by Messrs. Coster and Fairly in 1860" as shown on a plan bearing date May 30th, 1861 signed by Joseph B. Whipple, Deputy City Surveyor which is located within the limits of Parcel "A" (Area = 814m2) on a plan titled "Plan and Field Notes of Survey of Parcel "A", Carleton Martello Tower National Historic Park" City of Saint John, County of Saint John, Province of New Brunswick, Canada Land Survey Records 82387 dated April 9, 1999 and filed in the Saint John County Registry Office on April 27, 1999 as Number 10194612. 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- 7 and Common Clerk First Reading June 14, 1999 Second Reading June 14, 1999 Third Reading STREET CLOSING 430 WHIPPLE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John"' at its regular meeting to be held on Monday, June 14, 1999 at 7:00 p.m. to stop up and close the following portion of highway: - All that certain part of a public street lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as that part of the "Road laid out by Messrs. Coster and Fairly in 1860" as shown on a plan bearing date May 30th, 1861 signed by Joseph B. Whipple, Deputy City Surveyor which is located within the limits of Parcel "A" (Area = 814m2) on a plan titled "Plan and Field Notes of Survey of Parcel "A", Carleton Martello Tower National Historic Park" City of Saint John, County of Saint John, Province of New Brunswick, Canada Land Survey Records 82387 dated April 9, 1999 and filed in the Saint John County Registry Office on April 27, 1999 as Number 10194612. The proposed amendment and plan of the above described portion of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. �/, I / ?I; ? City of Saint John INTERNAL INSERTION ORDER Newspape Insertion Dates (Check as applicable) (SJTG=Saint John Times Globie; T-J= Telegraph Journal) *'SJTG City Information Ad *'SJTG Independent Placement - SJTG Classifieds - T-J Independent Placement - T-J Classifieds Date(s): Tuesday, May 18, 1999 Tuesday, May 25, 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) r] Proposal(s) ( Public Notice(s) Sub-Headline (if Text: ❑ Mayor's Message ❑ General Notice(s) ble): INSERT ATTACHED Call to Action: Mary Munford, Common Clerk Contact: Telephone: (506) 658-2862 to REPORT TO COMMON COUNCIL M &C99 -134 May 3, 1999 11 . , JIM M • OF i Closing and sale of a portion of Whipple Street {1 r City of Saint John The Government of Canada is disposing of the property at 430 Whipple Street, located adjacent to the boundary of Carleton Martello National Historic Park. The property contains a residential building, a large portion of which encroaches on a fled street right-of-way. The solicitor for the purchaser has requested the City close and deed to the purchaser, the portion of the Whipple Street right -of -way occupied by the house and land used in conjunction with the house. The Engineering Department has reviewed this request and has determined that closing and deeding the closed portion as requested, will have no adverse effect on the present use and maintenance of the traveled portion of Whipple Street. ANALYSIS Strategic Plan Confarmitylxisting City Policy There is no specific policy dealing with requests for street closings to deal with encroachments on to street right -of -ways. Minor encroachments of buildings are normally dealt with via the granting of an easement for the life of the building. In this case, where the encroachment is major in proportion to the size of the building and, where it has been detcrmined that the long established location of the traveled portion of the street and sidewalks will not be adversely effected by the closing, closure and sale is appropriate. Report to Common Coxtlacll May 3, 1999 Pine 2 2. Input )From Other Sources This report and its recommendations were prepared in consultation with the Legal and Engineering Departments. 3. Financial Implications All cost associated with the matter will be paid by the vendor of the property. Your City Manager recommends that Council: Authorize the publishing of a notice of its intention to consider the passing of a by -law to stop up and close that portion of Whipple Street within the limits of parcel A as shown on a "Plan and Field Notes of Survey" prepared by Gerald R. Roberts CLS N13LS and filed in Canada Lands Surveys Records 82387 on April 9, 1999 and if closed, the conveyance of such closed portion to the owner of 430 Whipple Street for the sum of $1.00 provided that all costs associated with the street closing process are to the account of the owner of 430 Whipple Street. Respectfully submitted, Sid Lodhi, P. Eng. Manager Estate and Facility Management d, Claude MacKinnon, P. Eu� Commissioner Environment: Develop ent City Manager r Cl) _ O, 617 � Q roJ o0 �y C) /(p)P 1 8'00„ i38 .9 j C- o` 17 0 619 el rr s4n v� 616 �O Street Lme Whipple Street Street Line r-- I Lot 51 Pion File 33, No, 12"), Set uy:uvl No, 1097 Respectino S oppialg Up and Closino of Lot 86 -2 Pubvic Streets Pion No. 1993, L,R.o. 4 Street Closing: 430 Whipple Street All that certain part of a public street lying and being in the City of Saint John, in the County of Saint John. and Province of New Brunswick, more particularly described as that part of the "Road laid out by Messrs. Coster and Fairly in 1860" as shown on a plan bearing date May 30', 1861 signed by Joseph B. Whipple, Deputy City Surveyor which is located within the limits of Parcel "A" (Area = 814m2) on a plan titled "Plan and Field Notes of Survey of Parcel "A" Carleton Martello Tower National Historic Park" City of Saint John, County of Saint John, Province of New Brunswick, Canada Land Survey Records 82387 dated April 9, 1999 and filed in the Saint John County Registry Office on. April 27, 1999 as Number 10194612. A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of the City of Saint John as follows: 1. A by-law of the City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the twenty-first day of September, A.D. 1970, is hereby amended by adding thereto Section 144 immediately after Section 143 thereof, as follows: - 144. The City of Saint John does hereby stop up and close permanently the following portion of highway: WHIPPLE STREET: All that certain part of a public street lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as that part of the "Road laid out by Messrs. Coster and Fairly in 1860" as shown on a plan bearing date May 30th, 1861 signed by Joseph B. Whipple, Deputy City Surveyor which is located within the limits of Parcel "A" (Area = 814m2) on a plan titled "Plan and Field Notes of Survey of Parcel "A", Carleton Martello Tower National Historic Park" City of Saint John, County of Saint John, Province of New Brunswick, Canada Land Survey Records 82387 dated April 9, 1999 and filed in the Saint John County Registry Office on April 27, 1999 as Number 10194612. 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 twenty-eighth day of June A.D. 1999 and signed by: / ///-/ /-) First Reading - June 14, 1999 Second Reading - June 14, 1999 Third Reading -June 28, 1999 CANADA LANDS SURVEYS RECORDS 8 2 3 8 7 DATE: APRIL 9, 1999 A c�py of this plan Is deposited In Registry ice, at ®14 Plan and Field Notes of Survey of Parcel ''A'', Carleton Martello Tower This survey was executed during the period of December 17,1998 to January 8,1999 by Gerald R. Roberts, C.L.S., N.B.L.S. Control Point . . . . . . . . . . . . . . New Brunswick Co—ordinate Monument. C.L.S, standard post found . . . . . C.L.S. standard rock post found . . . . . . . . . . . . . . . . . . . . Survey marker set (C.L.S. '69 type post). . . . . . . . . . . . . . . . Survey marker found (C.L,S. '69 type post) . . . . . . . . . . . . . . Survey marker identification number . . . . . . . . . . . . . . - - - - - . . (tE) Building corner . . . . . . . . . . . . . . . . . . COR Lands dealt with by this plan are bounded thus . . . . . . . . . Canada Lands Surveys Records . . . . . . . . . . . . . . .. . . . . . . . C.L.S.R. Land Registry Office (County of Saint John). . . . . . . . L. R. 0. Square metres M2 New Brunswick Geographic Information Corporation Parcel Indentifier Number PJZ� CD Control points and traverse lines zs ICA .p To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Thursday, June 17, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Vincent and White, and your Committee submits the following recommendations, namely: 1. That Councillor Stephen Chase be reappointed to the Fundy Region Solid Waste Commission for a term of three years. 2. That as recommended by the City Manager, Common Council (1) accept the proposal from Don Lagacy for the purchase and development of 2 Angus Court (NBGIC Number 279299), and authorize the sale of 2 Angus Court to Don Legacy for the purchase price of $16,000 plus applicable taxes and closing costs, upon the terms and conditions of Proposal Call REFM 99 -3, with the bid deposit of $800 to be held as a down payment on the property; (2) reject the bid from Crystal Hodgin for the purchase and development of 3 Angus Court (NBGIC Number 55117600); (3) accept the proposal from Ronald Edward Wisted for the purchase and development of Lot 98 -5, Latimore Lake Road, and authorize the sale of Lot 98 -5, Latimore Lake Road to Ronald Edward Wisted for the purchase price of $17,000 plus applicable taxes and closing costs, upon the terms and conditions of Proposal Call REFM 99 -3, with the bid deposit of $850 to be held as a down payment on the property; (4) authorize the Mayor and Common Clerk to execute the necessary documents, and (5) thank all who submitted proposals; and further that all other bid deposits be returned. 3. That as recommended by the City Manager, Common Council (1) authorize the preparation and filing of a subdivision plan for the purpose of amending Lot C, Osborne Avenue to create Lot C -1 and Parcel A (as generally shown on the submitted plan); (2) authorize the sale of Parcel A, Osborne Avenue (as generally shown on the submitted plan) to Mike Cavanagh Homes Inc. for the purchase price of one dollar, and the closing date be on or before September 30, 1999; (3) authorize the sale of Lot C -1, Osborne Avenue (as generally shown on the submitted plan) to Charles Dunlop for the purchase price of $2,000 and the closing date be on or before September 30, 1999; and (4) authorize the Mayor and Common Clerk to execute the necessary documents. 4. That as recommended by the City Manager, Common Council: (1) inform the Exhibition Association of the City and County of Saint John (Saint John Exhibition Association) that the City of Saint John intends to exercise its right to relocatefrebuild the tower used in conjunction with harness racing that is presently located on Lot 98 -2, Golden Grove Road (formerly parcel 90 -3); (2) authorize staff to open negotiations with Agriculture Canada, its designate agency or consultant, to identify an alternate location for the aforesaid tower and obtain the appropriate consent to move the tower to the identified alternate location; (3) subject to the City's ability to relocate the tower to a site acceptable to Agriculture Canada (or its designate agency) at a cost less than the purchase price proposed herein, authorize the sale of Lot 98 -2, Golden Grove Road, to PCB Holdings Limited for the purchase price of $40,000 (plus applicable taxes), with the cheque for $100 provided with the offer be held as a down payment and the purchaser to provide the balance of the deposit ($3,900) on or before July 2, 1999, and the sale close within 60 days after the tower has been relocated; and (4) authorize the Mayor and Common Clerk to execute the necessary documents. Res ctfully submitted, June 18, 1999, hir ey McAlary, Saint John, N.B. C h a i r m a n. office of the Mary L. Munford Common Clerk Common Clerk Mr. Jens Jenson General Manager Fundy Region Solid Waste Commission 37 Hanover Street, Suite 8 Saint John, NB E21- 3G1 P0. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- "710-7 City of Saint John " RESOLVED that Councillor Stephen Chase be reappointed to the Fundy Region Solid Waste Commission for a term of three years." Yours truly, Mar, nford Common Clerk MLM.-sc office of the Common Clerk MWELGIM Mr. Don Legacy 43 Keating Road Saint John, NB E2M 7P6 Dear Sir: Mary L. Munford PO. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, narnely:- 17-117 City of Saint John "RESOLVED that as recommended by the City Manager, Common Council accept the proposal from Don Legacy for the purchase and development of 2 Angus Court (NBGIC Number 279299), and authorize the sale of 2 Angus Court to Don Legacy for the purchase price of $16,000 plus applicable taxes and closing costs, upon the terms and conditions of Proposal Call REFM 99-3, with the bid deposit of $800 to be held as a down payment on the property." 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 MLM:sc Office of the Common Clerk MEHIM Crystal Hodgin 4 York Street Saint John, NB E2J 3E9 Dear Madam: Mary L. Munford PO. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E2L 4LI At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- City of Saint John " RESOLVED that as recommended by the City Manager, Common Council reject the bid from Crystal Hodgin for the purchase and development of 3 Angus Court (NBGIC Number 55117600)." Yours truly, Mary L. runford Common Clerk MLM:sc is office of the Mary L. Munford Common Clerk Common Clerk WRIEVIER101071 Mr. Ronald Edward Wisted Jr. 20 Spring Drive Latimer Lake Trailer Park Saint Jahn, NB E2N 1P2 Dear Sir: PO. Box 1971 506 658 -2862 Saint John New Brunswick Canada )2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adapted, namely:- M oil City of Saint John "RESOLVED that as recommended by the City Manager, Common Council accept the proposal from Ronald Edward Wisted for the purchase and development of Lot 98 -5, Latimore Lake Read, and authorize the sale of Lot 98- 5, Latimore Lake Road to Ronald Edward Wisted for the purchase price of $17,000 plus applicable taxes and closing costs, upon the terms and conditions of Proposal Call REF+i 99 -3, with the bid deposit of $850 to be held as a down payment on the property." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, f Mary L. �unford Common Clerk MLM:sc r office of the Mary L. Munford Common Clerk Common Clerk Mike Cavanagh Homes Inc. 12 Cavanagh Court Saint John, NB E2K 51-2 I 1'O. Box 1971 506 658 -2862 Saint John New Brunswick Canada 12L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- NI TIM City of Saint john " RESOLVED that as recommended by the City Manager, Common Council (1) authorize the preparation and filing of a subdivision plan for the purpose of amending Lot C, Osborne Avenue to create Lot C -1 and Parcel A (as generally shown on the submitted plan); (2) authorize the sale of Parcel A, Osborne Avenue (as generally shown on the submitted plan) to Mike Cavanagh Homes Inc. for the purchase price of one dollar, and the closing date be on or before September 30, 1999; (3) authorize the sale of Lot C -1, Osborne Avenue (as generally shown on the submitted plan) to Charles Dunlop for the purchase price of $2,000 and the closing date be on or before September 30, 1999; and (4) authorize the Mayor and Common Clerk to execute the necessary documents." Yours truly, 6. (t � Mary L. Munford Common Clerk MIA Cc: Lynda Farrell Solicitor r� "x d= '• ry office of the .Mary L. Munford Common Clerk Common Clerk July 6, 1999 Mr. Charles Dunlop 20 -22 Millidge Avenue Saint ,John, NB E2K 2S1 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada B2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- U71 City of Saint John "RESOLVED that as recommended by the City Manager, Common Council (1) authorize the preparation and filing of a subdivision plan for the purpose of amending Lot C, Osborne Avenue to create Lot C -1 and Parcel A (as generally shown on the submitted plan); (2) authorize the sale of Parcel A, Osborne Avenue (as generally shown on the submitted plan) to Mike Cavanagh Homes Inc. for the purchase price of one dollar, and the closing date be on or before September 30, 1999; () authorize the sale of Lot C -1, Osborne Avenue (as generally shown on the submitted plan) to Charles Dunlop for the purchase price of $2,000 and the closing date be on or before September 30, 1999; and () authorize the Mayor and Common Clerk to execute the necessary documents." Yours truly, Mary L. Munford Common Clerk MLM:sc Cc: Lynda Farrell Solicitor office of the Mary L. Munford Common Clerk Common Clerk Mr. Gerry Lowe President Saint John Exhibition Association P.O. Box 284 Saint John, NB E21- 3Y2 Dear Sir: PO, Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 4L1 At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- I"T City of Saint John "RESOLVED that as recommended by the City Manager, Common Council: (1) inform the Exhibition Association of the City and County of Saint John (Saint John Exhibition Association) that the City of Saint John intends to exercise its right to relocate/rebuild the tower used in conjunction with harness racing that is presently located on Lot 98-2, Golden Grove Road (formerly parcel 90-3); (2) authorize staff to open negotiations with Agriculture Canada, its designate agency or consultant, to identify an alternate location for the aforesaid tower and obtain the appropriate consent to move the tower to the identified alternate location; (3) subject to the City's ability to relocate the tower to a site acceptable to Agriculture Canada (or its designate agency) at a cost less than the purchase price proposed herein, authorize the sale of Lot 98-2, Golden Grove Road, to PCB Holdings Limited for the purchase price of $40,000 (plus applicable taxes), with the cheque for $100 provided with the offer be held as a down payment and the purchaser to provide the balance of the deposit ($3,900) on or before July 2, 1999, and the sale close within 60 days after the tower has been relocated; and (4) authorize the Mayor and Common Clerk to execute the necessary documents. Yours truly, J 41 '/h, U, Mary L. unford Common Clerk ' Planning Advisory Committee 1 _ # „, June 24, 1999 Your Worship and Councillors: P,O. Box 1971 506 658 -_2800 Saint John New Bninswick Canada M, 41_,1 SUBJECT: Creation of a Lot for an NBT'el Cellular Towner 1035 Hillerest Road '.I City of Saint John The planning Advisory Committee considered the attached report at its June 22, 1999 meeting. The Committee adopted the recommendation contained in the report with an amendment to 42, granting a variance for the tower to have a height of 38.1 metres (125 feet) rather than 55 metres (180 feet). Nl3Tel indicated that the tower would only be 38 metres (125 feet) in height.. As noted in the attached report, the proposed lot will not have frontage on a public street. There may be a need for a utility easement on a subdivision plan for the creation of a lot for the tower structure. Therefore, the Committee is recommending that Council give assent to any subdivision plan that may indicate such an easement. That Common Council assent to a subdivision plan for the proposed lot with respect to any required public utility easement from Hillcrest Road. Respectfully submitted, (G. A.) Sandy Robertson Vice-Chairman CL/ Attachments -NEOMMEEMEMM Community P.O. Box 1971 506 658-2835 Planning Saint John 506 658-2837 (Fax) New Brunswick Canada E2L 4L1 DATE: TO: FROM: FOR: SUBJECT- Name of Applicant: Name of Owner: Location: NBGIC: Municipal Plan: Zoning: Proposal: Type of Application: JUNE 18, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF JUNE 22, 1999 Cis LangillC Planning Officer NBTel Britain Investments Ltd. 1035 Hillerest Road 331223 Unserviced Residential "RS -1" One and Two Family Suburban Residential To create a one-acre lot for construction of a cellular communication tower and utility building. I Committee approval of access other than a public street. of Saint John NBTel Page: 2 1035 Hillcrest Road Date: June 18, 1999 2. Variances to permit: a) creation of a lot containing an area of approximately 4047 square metres (one acre), whereas a minimum of 5,400 square metres (58,127 square feet) is required in the "RS -1" zone; and b) A tower height of 55 metres (180 feet), whereas the Zoning By -law permits a maximum height of 11 metres (36 feet). Conditional Use The Subdivision By -law provides that the means of access for a lot which does not front onto a public street is subject to the approval of the Planning Advisory Committee. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. The Zoning By -law authorizes the Committee to impose reasonable terms and conditions upon the development of a utility service building or structure in any zone category. That the Committee approve the creation of a lot with access via a right - of -way from Hillerest Road over a property owned by Brittain Investments Ltd., identified as NBGIC number 331223. 2. That the Committee grant the following variances from the standards of the Zoning By -law to permit the creation of a one acre lot; and to permit the proposed cellular tower with a height of approximately 55 metres (180 feet) on condition that the proposed development include a 2 metre (6.5 foot) high chain link fence with a locked gate around the tower. 3. That Common Council assent to a subdivision plan for the proposed lot with respect to any required public utility easement from Hillcrest Road. NBTel Page. 3 1035 Hillcrest Road Date: June 18, 1999 Engineering has submitted no comments. Building and Technical Services has no objection. Saint John Energy has indicated it has facilities along Hillcrest Road. An extension of these facilities will be required to reach the proposed site with costs to be dealt with NBTel at that time. N.B. Department of Public Health Services has no comments. Site and Surrounding Area The subject site is located off Hillcrest Road in East Saint John. The proposed one -acre lot is a portion of a 27- hectare (67 -acre) parcel of land owned by Brittain Investments Ltd. The property owner also owns a number of adjacent parcels of land (see location map), including an adjacent property to the east containing an additional 61- hectare (150 -acre) area.. A farm is located on the larger parcel of property. The subject property consists of heavily trees areas with some rolling hills. The proposed lot is located approximately 363 metres (1,190 feet) from Hillcrest Road. The nearest dwelling, other than the farm property is located at 1001 Hillcrest Road, situated approximately 270 metres (885 feet) from the proposed lot. Prapsal NBTel has submitted a proposal to establish a 180 -foot high self - supporting communication tower on a one -acre portion of the above noted property. The location is illustrated on the attached maps. A small utility building would also be located on the one -acre site to service the tower. The proposed tower, although not a typical feature for this area, is necessary in order to improve cellular communication in this area of the City. The tower will require only occasional visits by NBTel serviced vehicles. Access to the site would be via an extension of an existing 30 -foot right -of -way off Hillcrest Road, Saint John Energy has indicated that extension of services will be required to service the proposed lot. This may require an easement over Brittain Investments property. The easement requires the assent of Council. NBTel Page: 4 1035 Hillcrest Road Date: June 18, 1999 Zone Standards The property is located within the "RS - 1 " One and Two Family Suburban Residential zone which requires a minimum lot area of 5,400 square metres (58,127 square feet). The proposed lot is only 4,047 square metres (43,560 square feet); therefore a variance from this standard is required. Given the nature and intended use of the proposed lot, a variance from this standard can be supported. In addition, the proposed tower is 55 metres (18 0 feet) in height, whereas the Zoning By-law limits any structure in this residential zone to 11 metres (36 feet). The subject site is well situated back from any nearby residential properties. The distance to the tower and the existing treed vegetation in the surrounding area will screen the majority of the tower. However, the top of the tower will be visible some properties in the area. VA -file it is impossible to completely screen the tower, the visual impact to surrounding properties should be minimal. Conditional Use The Zoning By-law recognizes the need for utility structures such as these cellular towers in all areas throughout the City, and therefore permits them to be developed in all zones, subject to review by the Committee. There is one condition recommended in order to ensure public safety; a 2 metre (6.5 foot) high chain link fence with a locked gate surrounding the tower to prevent trespassing. Given the nature to establish such towers in the municipality in order to provide cellular communication, and the characteristics and location of the subject site, approval of the proposal is recommended with the suggested condition. S- I M Vito; RR Rol LA It S -. 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M un tn. z 0 LLI F- CD Of IL,i Lon st 21 0 Li I Li L LL) —i 1 {Y Saint John Parking June 24, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council 8`h Floor, City Hall Saint John, N.B. E2L 4L1 Your Worship and Councillors: 9th Floor, City Hall, Po. Box 1971 Saint John, N.B. E2L 41_1 Tel.: 506 - 658 -2897 Fax: 506 -649 -7938 Re: Proposal to install parking meters on Charlotte Street The lack of parking on Charlotte Street between Union Street and King Square North has been raised by a number of merchants over the last few years. Below, I have listed the background information that leads to the recommendations made by the Saint John Parking Commission about parking: As part of a revitalization beautification program sidewalks were widened and trees were planted, 15 years ago, in 1984. Since Coburg Street on to Charlotte Street was one of the main entrances to the uptown area, trees were planted along the east side of Charlotte Street to enhance and beautify this area when people carne into the city centre. 0 The situation has evolved and 15 years later merchants in the area feel they need additional convenient short stay parking for their customers. The parking lot behind Charlotte Street between Union Street and Ding Square North was developed in 1991 to provide long and short term parking for Service N.B., City Market and other businesses in that area. The past two or three years, the parking lot has been full (at capacity) at various times during the day. Some additional on- street parking spaces are seen as a solution to help the parking in that area. The merchants asked for metered spaces (10 Spaces) to be instituted as soon as possible but funding was not available in city capital budget.. An arrangement was proposed that the Saint John Parking Commission fund the project to provide 10 parking meter spaces on Charlotte Street (costing about $60,000) and recover the monies from meter revenues in that area over a six -year period. A large concern of Uptown Saint John Inc. and others was preserving the treed streetscape and several alternatives were explored, including retaining several existing trees on the east side of the street and installing new trees on the west side. Trees removed would be relocated to King Square or elsewhere. Saint John Parking Commission agreed to proceed with the project subject to agreement by Charlotte Street Merchants, Uptown Saint John Inc. and the City. 0 Uptown Saint John Inc has now suggested a two phase plan of approach: L That four parking meters be installed in the spring /summer of 1999 on the east side of Charlotte Street between Union Street and King Square North using the existing loading zones. 1 That a survey of customer patronage be implemented after a mutually agreed period of time to detennine if future action (to create additional metered parking spaces) is warranted. Because of the time factor (too late in the season to move trees), the Saint John Parking Commission agrees that the two loading zones from Charlotte Street be replaced with four metered spaces as soon as possible. All businesses in the area were asked for their comments and in the opinion of Uptown Saint John Inc., the City Traffic Department and the Saint John Parking Commission, the loss of the loading zones in that area will not cause a major problem for the current loading zone users. Financial Implication: These changes can be absorbed within existing budgets. Recommendation: The Saint John Parking Commission recommends that Common Council approve the removal of the two Loading Zones on the east side of Charlotte Street between Union Street and King Square North and the installation of four parking meters by amending the Traffic Bylaw and the Parking Meter Bylaw. It is recommended that the following amendments to the City Traffic Bylaw and parking meter receive 1" and 2nd reading and that they be referred to the Legal Department for appropriate action: Delete: From the City Traffic Bylaw ;schedule "I"' Loading Zones: 1. Charlotte Street east side commencing at a point 10 metres south of Union Street and extending 15 metres southerly. 2. Charlotte Street east side commencing at a point 74 metres south of Union Street and extending 20 metres southerly. Add: To the City of Saint John Parking Meter Bylaw Schedule "A" STREET LIMITS SIDE Charlotte Street Union Street to East King Square North Sincerely Yours, Mike Npwn- Chairma'n Saint John Parking Retry atiori & Parks Advisory Board Ray F-H. 'fhoml)son C.1w of Saint John "I'd "-)06)658-29(,)8 6)6�g -190' orperg Saint john, N.B, E 2- L 4 L, I Dear Editor, Over the past month I have been very encouraged and proud to have witnessed the many school projects carried out by the students of Districts 1, 6 and 8 throughout Saint John and beyond. These projects involved partnerships with local government, corporate citizens, businesses, volunteers and the many students planting marigolds, painting old walls and cleaning up around the city. The end result is certainly something to be proud of These projects were done with great pride and enthusiasm by the many students. They have left something to view over the summer and to show off to the many tourist that will visit our city this year. These projects not only leave a pleasing strectscape but have help nurture important values and develop skills in our young people. Values such as pride in community, getting involved and taking initiative. The many skills learned through the raising of the marigolds will be remember and used all their lives. On behalf of the Recreation and Parks Advisory Board, I wish to thank these students and congratulate them on a job well done. I would also like to take this opportunity to mention one individual, Barry Ogden, who became very involved in this project and "took the ball and ran with if'. It was largely through his efforts that the many schools got involved and became committed to this project. When you are out walking, running or driving this summer, no doubt you will pass by one of these projects. When doing so, please remember that these marigold flowerbeds are a gift to us from the many, many school children in this area. Take pride in them and the assurance that we have a very bright future for this city in our young people. Sincerely, T I lva- '� Ray E. Thompson 21, CUTY) 7 00 p R,APNT-jib , JUN June 18, 1999 V Her Worship Mayor Shirley McAlary . . . . . . And Member of Common Council City cof S!"1111t Jo .Ti C/o Common Clerk Saint John, N.B. Dear Editor, Over the past month I have been very encouraged and proud to have witnessed the many school projects carried out by the students of Districts 1, 6 and 8 throughout Saint John and beyond. These projects involved partnerships with local government, corporate citizens, businesses, volunteers and the many students planting marigolds, painting old walls and cleaning up around the city. The end result is certainly something to be proud of These projects were done with great pride and enthusiasm by the many students. They have left something to view over the summer and to show off to the many tourist that will visit our city this year. These projects not only leave a pleasing strectscape but have help nurture important values and develop skills in our young people. Values such as pride in community, getting involved and taking initiative. The many skills learned through the raising of the marigolds will be remember and used all their lives. On behalf of the Recreation and Parks Advisory Board, I wish to thank these students and congratulate them on a job well done. I would also like to take this opportunity to mention one individual, Barry Ogden, who became very involved in this project and "took the ball and ran with if'. It was largely through his efforts that the many schools got involved and became committed to this project. When you are out walking, running or driving this summer, no doubt you will pass by one of these projects. When doing so, please remember that these marigold flowerbeds are a gift to us from the many, many school children in this area. Take pride in them and the assurance that we have a very bright future for this city in our young people. Sincerely, T I lva- '� Ray E. Thompson 21, CUTY) 7 00 p R,APNT-jib , JUN 4 4 vo'Z�' Minister of Industry IN" Ministre de I'Industrie Ottawa. Canada K1 A CH5 The Honourable L'honorable John Manley P.C., M.P. c.p., d6put6 Her Worship Shirley McAlary Mayor, The City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4LI Dear Madam Mayor: Thank you for your letter of March 31, 1999, concerning the establishment of a national shipbuilding policy. I regret the delay in replying to you. Let me first say that the federal government has been involved in the shipbuilding industry. It currently maintains a generous package of measures that benefits shipbuilders. These measures are: 0 a 331/3 percent accelerated capital cost allowance for Canadian-built ships; a a 25 percent duty on most non-NATTA ship imports; a domestic procurement on a competitive basis for all government shipbuilding and ship repair needs; • Export Development Corporation (EDC) financing for commercially viable transactions-, a a very favourable research and development tax credit system; and, 0 access to the Technology Partnerships Canada program. ...2 -3- Rather than going to the government and asking for money from the taxpayers, a solution lies in convincing other countries to stop their wasteful and burdensome subsidies and to remove their market barriers so that all nations can compete on a level playing field. We should "negotiate down" rather than "subsidize up." The federal government is doing this through the OECD and World 'trade Organization negotiations on shipbuilding. Finally, both my Parliamentary Secretary, Mr. Walt Lastewka, and I have indeed met with industry representatives. In December 1998, Mr. Lastewka met with representatives of both the union and management of Davie Industries. In March 1999, he and I met with the Shipbuilding Association of Canada. Thank you again for bringing your city's concerns to my attention. Yours very truly, John Manley f 1300 Golden Grove Road Saint John, NB Thursday, June 17, 1999 To Mayor and Councilors; P.O. Box] 971 City Fall, City of Saint John, NI3. E2L 4L We are writing in opposition to the application by Vince Catton for rezoning the property at 1 151 Golden Grove Road. Our family has lived on this road since the 1800's and paid taxes to the City of Saint John for a considerable number of years. We have had many dealings with City Hall and are once again being put in the position of feeling we must speak out. We feel strongly that spot rezoning in a predominately residential area will have nothing but a negative impact on the neighborhood. We have voiced our concern repeatedly to you people regarding a property on Golden Grove Road illegally operating a business in a residential area. This has been ignored for an excessive number of years. We are not prepared to sit by and do nothing while businesses take over the area. There are more appropriate places for these people to set up their businesses. It is our understanding that staff or the PAC, which leaves us to wander about their necessity, did not approve this application. We unfortunately took this recommendation for more than what it was actually worth and trusted that you would agree with their findings. This assumption on our part was a grave mistake. So we are back at square one and writing to you with our request to disallow this application. I have on many occasions spoke with city staff about my concerns with road conditions, lighting, dangerous curves etc which will certainly increase with the added traffic I feel will be generated by businesses being allowed to operate in the area. Will it take a bad incident to prove this point? Will it take someone's life to get results? Do you realize how close to a school bus stop this business wants to locate? The road is already in extreme disrepair with no side walks or shoulders and getting worse daily with the number of dump trucks using it with the development going on at the lower end of Golden Grove Road. Having being elected by the people you should be listening to the majority on this matter. I am aware of at least eleven property owners against this application and only three in favour of Carl and Judy Collins Encl. 1 1 COMMON CLERK'S C14 1, T ` 0 P ,TV 0 m m Im Jf- O 0 ( IW4 wo f 04S I I IRS- I M � J tlu I COMMUNITY PLANNING q4 1245 Golden Grove Road Saint John, NB. E2N 1 W3 June 17, 1999 Mayor and Councilors City of Saint John, New Brunswick Re: Rezoning of 1151 Golden Grove Road I am writing in opposition to the planned rezoning of the above property. My wife and myself have resided at 1245 Golden Grove Rd. for the past forty -five years, in fact our ancestors have lived in this area for over 107 years. We do not wish to have business located near our tranquil neighborhood. We, who live in the "Grove ", enjoy our fields, woods and lakes. We neither wish to live in subdivisions nor industrial areas. Perhaps Mr. Cotton will carry on a clean, quiet business, but what will happen should he sell his business or residence. What will happen then? We've been assured that the restrictions placed upon the rezoning will protect us from traffic unsightly looks etc., but look how long it took the City to close down NMcKnights on Rothesay Ave. ! We plead with you to hear the voices of the longterm residents in this area and deny this application.. Sincerely :Bernard and Peggy Duffley ,�� , p Inc ., . 1287 Golden Grove Road Saint John, NB E2N I W3 Julie 17, 1999 Mayor and Councilors City of Saint John Re: rezoning of 1151 Golden Grove Road I am writing to you on behalf of my husband and four children in opposition to the rezoning of the above-mentioned property. We have resided at 1287 Golden Grove Road for 17 years. I have lived here all of my almost 40 years. In fact, most of our neighbors have resided here for at least 25 years, some families for 2"`' and 3d generations. We love the "Grove", my children skate and swim at the lakes and explore the forests and, fields. I was under the impression that during the public hearings those having the right to speak in favor or disapproval were only those living in the affected area. Apparently only one of the people who spoke in favor was a resident. We do not want to open the door to more business in out area and, if we give in once, what will happen when the next person wants to start a business here? I believe Mr. Cation (who has lived here less than five years) intended to eventually move his business here. Why else would he build a 30' by €J' garage, complete with skylights, to house his snowblower, lawnmower and skidoo!! He was just waiting for a buyer for his property in the Industrial Park. It is very difficult to grasp the idea that nowhere in the city was there another location for Mr. Cation to run his business. Also I -really question whether Mr. Cation would really have to close his business if the rezoning doesn't go through, Surely he could rent a mobile trailer and put it somewhere to temporarily ran his business until a more suitable location becomes available. If the land gets rezoned, who is to say that Mr. Catton won't sell out to the highest bidder, leaving his neighbors to deal with whatever business moves in. While I don't doubt that Mr. Cation will try to run a neat business with little traffic; who is to say the next person will do the same. We ask that you please listen to the "long term" residents of this area and decline this rezoning application. Sincerely RECI INNI'i COMMON CMERK",�L L; i� JUN 18 1999 Judith & Don Beers $71 V CQT,;, June 18, 1999 RE: Katherine Bridgette Collins 1300 Golden Grove Road Saint John, NB , N I Dear Mayor and Council, I am writing this letter in regards to the issue placed before council concerning the petition to have 1151 Golden Grove Load rezoned. I am entirely opposed to the rezoning of this property. I am one of the very few landowners who was fortunate enough to receive a letter regarding Mr. Vince Catton's request to move his business to his property. The land that I own is vacant lot along Golden Grove Road. I found it very peculiar that I received a letter about the petition, but my parents, Carl and Judy Collins, who have maintained a beautifully kept property, also on Golden Grove Road, did not receive notice of such petition. To this I take issue. Fortunately for me, I still live on this beautiful road and able to receive this letter in the mail, how unfortunate for Mr. Caton that I am against his proposal. My family has lived in Golden Grove since the mid eighteen hundreds and many of us continue to do so. I can look out my kitchen window and see the bedroom that my father was bom in — my cousin now owns the homestead. I can walk out to the edge of my wharf and see my uncle's summer home. I can look to the end of my driveway and see the future ...... my home that will be built upon my vacant lot, and my children playing in the yard with their friends and dogs. What is not in my future is the development of business surrounding this neighbourhood. There are several industrial parks and suburban areas surrounding Saint John, but their merging has never been successful nor without opposition by its habitants. I understand Mr. Calton has no option but to move his business and quickly. However, I echo my neighbour's sentiments when they ask why he had not secured alternate lodging for Atlantic florae Improvements? This is a decision of magnanimous proportion, which I feel should have received far more attention than has been allotted. Common business sense demands at least that much. Mr. Calton is new to this area. He has one of the most beautiful and well - maintained homes along Golden Grove Road. So will I some day, but my home will not be built in a city that allows residential areas to be rezoned for business, nor will my home be built where the city council can not find the time to stop the cropping of junk yards and run down homes which scatter this road. The response to the requests for investigation into the legality behind running unkempt garage business (or lack there of) has been "too little stuff to look into such trivial matters." Maybe the towns of Rothesay or the town of Grand Bay Councils may look at these matters differently. Maybe these towns will receive my property tax and not the City of Saint John.. Hopefully this will not be the case, as I plan to pass my land on to my children. I am proud of where I have come from, where I live and where I hope to continue to live. The proposal to have 1151 Golden Grove Road must be turned down. ""(-)M �a gv '�nw OF 1181 Golden Grove Road Saint John, New Brunswick B2N IW4 .Tune 15, 1999' Common Clerk Mrs. Mary Munford P. 0. Box 1971 City Hall City of Saint John Saint John. New Brunswick E2L 4LI Mrs. Munford Please forward a copy of this letter to the Mayor and Councilors: My name is Joanne Gunter and I live at 1181 Golden Grove Road in the City of Saint John I am writing against the proposal by Vince Cation of 1151 Golden. Grove Road to rezone that property to "B2" general business. I would like to take a few minutes of your time and give you a brief history of some of the residences on this road. My husband's grandfather, Frederick Gunter, built the house I live in, in 194 &. He and his wife Peggy had one child, Frederick Grunter, who married June Kelly in 1959 and chose to purchase the parcel of land next door to his parents at 1164 Golden Grove road where they still reside. Upon the death of his grandparents my husband chose to maintain the property at 1184 and we still reside there. Our next -door neighbours Lloyd and Juanita McGrath have been there for fifty years. They have a son, Gerald and wife Andrea, who married and purchased the property behind his parents. Next to the McGraths are Philip and Adeline Duffley° who have been there as long. Across the road is his brother Bernard Dudley, who in turn has a daughter Judy and her husband Don Beers who have lived neat door to them for some twenty years.. These are examples of what you will find as you continue up the road to the Collins residence or down the road to the Hubbards. We have all come to be known as "Drovers" as most of us haven't lived anywhere else. These are people you cook soup for when they are sick or lose a loved one or have a baby; a Community of Neighbours. When totaled, these families have resided here for hundreds of years. All of the people I have mentioned have signed a petition against the rezoning of said property. Mr. Cation said only three of the 288 families living on Golden Grove Road wrote letters opposing his proposal. We only heard of two who approved: of the proposal, one of whom spoke on his behalf at Common Council. We acquired signatures of at least twenty people against the proposal and because they were unable to attend the proceedings should they be ignored? .......... We have concerns about the rezoning of this property because it will open the door to future business. As stated at the council meeting „you can never go back ". There are a number of properties for sale as we speak and the floodgates will be open. 1 find it hard to believe that a businessman of Mr. Catton's reputation could possibly make a decision to sell his business property without securing another location to carry on his successful operation. Then he tells us if he cannot have his way and operate at 1151 Golden Grove Road, a zoned residential area, he will be forced to close his business and lay off twenty -two people. These are matters Mr. Cation should have considered before nova. I thank this is a little irresponsible of him and sounds like a scare tactic to me. Mr. Catton's home is a lovely one as you can see from the pictures he has provided in his proposal. A home with an attached two car garage. He also has another building measuring 30 ft, by 60 ft., which he informed us was constructed for the storage of a snow blower, snowmobile and a lawn mower. On our property we have a detached two -car garage and another building measuring 12 ft. by 12 ft. In it, seasonally, we store all of our gardening tools, a wheel barrow, a ride -on lawnmower, a four wheel ATV, our children's" playhouse, swingset, swimming pool, sandbox, wagon, tricycle, toys, an extra set of tires, snow shovels, patio furniture consisting of table, umbrella and six. chairs. My point here is whether it has always been Mr. Catton's intention to apply to rezone to have his business there, as there would most surely be a monetary advantage to this. I feel that all the rest of the taxpayers on Bolden Grove Road have properties that surely would not be worth the same if they are part of a business area. . Two weeks ago when I attended a meeting of Community Planning Mr, Catton spoke as if there are only two families on our road that would be directly affected by his proposal, in his words his two nearest neighbours. How convenient that we all do not live within the three hundred feet stipulated boundary that allows our opinion to count. After reviewing a copy of the mailing list from which we were omitted, used to notify adjacent property owners of the application, I question, as did Mr. Catton, whether it is a fair list. Some of the property owners, as stated by Mr. Catton, do not reside on the road but their tax bills are generated from those locations. Hence they should have the right to express their opinion on this matter. Approximately three weeks ago, Mr. Catton arrived in my back yard while I was gardening and my mother in law was pushing my children on their swing. IIe introduced himself to us for the first time after living in the area for four years and informed us of his intention. We discussed his plans and when we voiced our concern about a number of potential problems the one that stands out prominently to me is regarding the placement of a sign on his property to advertise his business should he gain approval. I stated that I thought this would be distracting to motorists on such a treacherous road. He assured us both by placing his right hand over his heart and saying, "honest to God, there will be no sign ". When questioned by councilor Carl White at the first reading about a sign, Mr. Catton stated he had a three -foot by one and a half -foot sign in mind. Is this the type of word we can expect Mr. Catton to continue to beep regarding traffic, storage and debris? Had I known Mr. Catton would tell me one thing while planning another, I too would have politely asked him to leave our property. Our second concern was the traffic on our road. On June fifteenth, I spore with Wayne Hugh of the city traffic department regarding a traffic count on this road and he informed me that Golden Grove Road is what is deemed a collector road, that is one that brings a lot of traffic into the city and out again at least twice each day. In 1970 the count ranging east of Westmorland Road was 800 in a twenty -four hour period. In 1994 it had increased to 4500 cars in a twenty -four hour period with an allocated increase of three percent per year since that time. This works out to approximately 187 and one half vehicles that pass by my driveway every hour„ a substantial amount of traffic. The people who wrote letters, signed a petition or spoke on this matter have a lifetime invested in this neighbourhood. They would choose to keep it the way it is. I cannot believe there isn't another property zoned for business, in the city of Saint John, which would suit the needs of Atlantic Nome Improvement Ltd, or its owner Vince Catton. I must question the value of the !Community Planning Committee if their recommendation is ignored. The staff and PAC are against this proposal if I have read their report properly. Let me quote from this: STAFF RECOMMENDATION TO COMMITTEE That the application be denied. Real estate and faculty management are not in favor of this application. Spat rezoning will create problems for the surrounding properties. Site and Neighbourbood. Portions of Golden Grove Road are zoned industrial and commercial. However they are located significantly closer to McAllister Drive area.. This area is dominantly low density residential. Rezoning: While the building is relatively small the nature of the building can have an impact on the residential area. Staff cannot support rezoning the property to "132" general business, Conclusion: Rezoning of the subject property to a commercial zone to accommodate a building contractor business of this magnitude is not an appropriate use for this residential community. This business would be appropriate in existing commercial of industrial areas of the City. I strongly believe, as do most of my neighbours near and far, that the rezoning of this property is uncalled for. Let Mr.. Catton do business, as he has in the past, in an area already zoned for it. I say let us live with our families and children in our "RS-IM" one and two family and mobile home suburban residential area. Joanne Gunter (OMMON CLEWS o fr, �Zlr r mt City Hal�i, Saint John, New Brunswick,E2L 4LI June 18, 1999 From Daniel Duffley 59 Hillcrest Road Philip & Adeline Duffley C N IV4 I r_I*I_-fTF#IWffCTf fie f6ZOnIII& 6Y7-rf6TI;O_ICIen UrOve Road from "RS-1114" to "B2" General Business. My name is Daniel Duffley and I currently reside at 59 Hillcrest Road, Prior to this I had lived with my parents Philip and Adeline Duffley who reside at 1226 Golden Grove Road, whom I am also representing. I have lived in Golden Grove for thirty-one years and for most of it in the house my grandfather built back in the 1920's, where my parents still reside. atift some not so good. Now that I have a family of my own I realize how important it is to speak out on issues that effect my neighborhood. Up to now Mr. Catton's property has been immaculate, however due to the nature of his business I question if he can maintain this as his property will have an industrial use. I a also concerned that if the rezoning takes place it will make it easier for the next guy who says there is already businesses there why not mine, like Mr. Soucy's property which is unsightly and illegal. I My main: concern is that my children are given the type of childhood I enjoyed as a boy growing up in the Grove. I can't offer this if business is permitted in the neighborhood. With the hazardous road conditions that we are faced with at present I see no advantage to any business operating in our community. I think businesses should stay in commercial areas and' let us raise our families as we were. These businesses will fail to allow us to do ihis, as they will ruin our perfectly peaceful neighborhood. MR= Philip & Adeline Duff ley �r JUN 1999 Ornf OF 3AVK7,JC�4,H,ft4 Mayor and Councillors City Hall Saint John, N.B. Hand Delivered H 64 Golden Grove Rd. Saint John, N,B, Tuesday, June 22, 1999 Re. Application of Vincent Catton To rezone 1151 Golden Grove Ind. From Residential Area to "B2" general business We signed a petition opposing the above - mentioned rezoning. After attending the council meeting on June 14, it appeared to us that we should have written a letter instead of just signing a petition. We Dope it is not too late to express our views on this matter before the next meeting on June 28. Our daughter in law, Joanne Gunter, sent a letter dated June 15 which states just about everything we would have to say. It would be absolutely devastating to have this application approved, turning our nice quiet residential area into a business area. Also, this approval would perhaps open the doors for future businesses. My husband lived. at 1184 Golden Grove Rd. with his parents since 1948. We purchased our lot in 1958, married in 1959, and lined at 1184 with any husband's parents. Three years later, construction was completed on our dwelling at 1164 and we have lived there ever since. Hopefully this rezoning will be rejected„ as I am sure by now you realize that so many other residents are opposed to this as well. We would be most appreciative for your support in this matter. Thank you. Yours truly, Fred J. Gunter, June D. Grunter .._ • p -� -.-� 1 JUN 24 1'999 offIf OFF To Mayor and Councilora City Hall, Saint John, New Brunswick,E2L 4LI June 18, 1•99 From Daniel Duffley 59 Hillcrest Road Philip & Adeline Duffley F f III fm f-I a T I Ip 4" 1 6Z+(IIrIg * I 'Iwf-Gzmtrm3i75-v7-i�x-o-a-a�fro—M A-Z571-fri-1-6 "B2" General Business. My name is Daniel Duffley and I currently reside at 59 Hillcrest Road. Prior to this I had lived with my parents Philip and Adeline Duffley who reside at 1226 Golden Grove Road, whom I am also representing. I have lived in Golden Grove for thirty-one years and for most of it in the house my grandfather built back in the 1920's, where my parents still reside. good. Now that I have a family of my own I realize how important it is to speak out on issues that effect my neighborhood. Up to now Mr. Catton's property has been immaculate, however due to the nature of his business I question if he can maintain this as his property will have an industrial use. I arr, Aso concerned that if the rezoning takes place it will make it easier for the next guy who cays there is already businesses there why not mine, like Mr. Soucy's property which is ghtly and illegal, My main concern is that my children are given the type of childhood I enjoyed as a boy growing up in the Grove. I can't offer this if business is permitted in the neighborhood. With the hazardous road conditions that we are faced with at present I see no advantage t* any business operating in our community, I think businesses should stay in commercial areas and let us raise our families as we were. These businesses will fail to allow us to do this, as they will. ruin our perfectly peaceful neighborhood. gas= Philip & Adeline Du ley J / CUP, JON 924 1999 CUT On fv 11 ayor i Councilors, City Hall, .. { Saint John, New Brunswick, E2L 41-1 Marjorie Mason 1 1 1> rkoo Saint John, { Ski E2J 3M3 •-ir1 writing, with my family, about application for i 151 Golden Grove Road. A own t u^ s `st ♦ on the Clark Road, + „ s a r Ys 1 i1" yards from as a ; r o a concerns I feel I must voice. I must question o request rr. ` to this area while his competition can operate successfully from properly zoned and a mor--i suitable district. sa ossibly offer t This is a very important m ! ; ';'fd should not Cyr::.e taken lightly. This community h t the d o•, d if; group <,'L' individual voted in by the people but who '4" .st by not live in h .P = Would z.P `s t. y 'K 1 r as for this application it going Y 1 i your back yard? Sincerely, 4 Marjorie Mason X, " SAINTJOW -- p Q5// September 10, 1992 Judy Collins 1300 Golden Grove Road Saint John, NB E2L 3W4 Re: 941 Goy. en Grove Road Dear Madam: Please be advised that the'f Zoning By-law violation which you brought to our attention is still under investigation. The owner of the property has been,notified of the provisions of the by-law. Action is in hand to attempt to resolve this matter. The property will be inspected periodically to gather evidence for possible legal action. Yours truly, David G. M. Crawford, P. Eng. Technical Services Engineer DGMC/amd City of Saint John Eric L. Teed, # 1. Q 127 Prince William Street, Saint John, New Brunswick, E2L 2134 Tel.: (506) 634 -7320 Fax: (506) 6347423 May 26, 1999 Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4L1 Your Worship and Councillors: Re: Tourist information Service I have noticed Saint John City operates a Tourist Information Service. When travelling in many cities one finds the Tourist Offices provide an accommodation service whereby you can arrive at the office and they make a reservation for your accommodation. You may pay a deposit, which is credited on account. This is very convenient and saves the individual endeavouring to locate accommodations. It is particularly effective with Bed & Breakfast and small motels. It is understood Saint John does not provide such a service. I suggest this is something that should be considered by the City of Saint John as a public service. There would be a fee to those who are registered on the accommodations service. Yours truly, ELT/ h cc: Saint John Board of Trade Tourist Committee RE% COMMON CLERnii �9( June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. 0. Box 1971 Saint John, N. B. E2L 4L1 Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk, We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Telephone ::ZL) ZZ E, c"Lt-_ u I'V CLERKI OFRCE mm�M cm, OF IRAQ TJOHNN June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. 0. Box 1971 Saint John, N. R E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Telephone &1/7)- 11 win June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. G. Box 1971 Saint John, N. B. E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Telephone IM OW, MA R%7_ 40 IM June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. 0. Box 1971 Saint John, N. B. E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, r C_ Fi E Telephone COMMON CLER" , _ �W!-' June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. 0. Box 1971 Saint John, N. B. E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Telephone RECENLED NUMN CLERK'S OWO Kffa�� CITY OF ,53A i N T , �OV June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. U. Box 1971 Saint John, N. B. E2L 4L I Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Telephone 6 7 � - 5- L7L, ON ci_ircFjK%q I UN 14 1999 7, _V June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. Q. Box 1971 Saint John, N. B. E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, RECEPVf,c[j-; C'Mom June 3, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P. C. Box 1971 Saint John, N. B. E2L 4L1 Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, Laurette & Albert Gogan 446 Greenhead Road Saint John, N. B. E2M 4W5 672-5459 " F-, C LEA VER), CLERKS OMCE JUN , /a 1999 OF June 3, 1999 Mayor Shirley MeAlary and Members of Council City of Saint John P. D. Box 1971 Saint John, N. B. E2L 4LI Your Worship and Members of Council, We would like to bring to your attention the deteriorated condition of the sidewalks in the Greenhead Road area. These sidewalks were first constructed 45 years ago and have received only band-aid repairs since. We find it extremely difficult to walk safely. As you try to stroll down this street you will be hindered by cracks, holes, lengths of missing asphalt, gravel, unlevel surfaces and utility poles in the center of your walk. We have watched as sidewalks have been replaced and improved around our area and patiently waited for our turn. We realize this is a capital budget item but the time has come to address this problem. We look forward to you personally viewing these sidewalks and responding to our concerns. Yours sincerely, ell Lai Telephone IRECEME1111 WN NOW CLERKS (NIXIM 9 A 5R Energy Integrity Enthusiasm June 6, 1999 Miss Shirley McAlary & Members of Saint John Common Council P.O. Box 1971 Saint John, N.B. E21- 41-1 Dear Mayor McAlary & Members of Council It has recently come to my attention that residents of Fundy Heights on Fundy Drive would much appreciate improvements to their asphalt side walks. I realized you are constrained by the availability of funds to do all side walks at once, but would appreciate you consider replacing the asphalt side walks on Fundy Drive as you consider capital improvements. Thank you very much for your consideration. Sincerely yours, /Jane Barry Z jb/ds cc: Terry Totten, City Manager Mr. George Gauthier 662 Dunn Ave., Saint John,N.B. COQ: N CLERK$ Offitt-, RUEEM 1CMIN OFF "PANT JOW1 "9 Energy Integrity Enthusiasm Miss Shirley McAlary & Members of Saint John Common Council P.O.Box 1971 Saint John,N.B. E2L 4L1 Dear Mayor McAlary & Members of Council, Some residents of Milford Road have recently approached me with regard to heavy equipment which is stored behind Milford Road overlooking the Irving Pulp Mill. There is a float which I believe is sometimes used by the St. Mary's band in parades and other equipment stored there as well as material being dumped. Could you kindly update me on the zoning in this area and if activities on this property meet with your approval. Thank you for your consideration. Sincerely yours. Al .Jane Barry cc: Terry Totten, City Manager 04, -CLERKS 3FW JUN IP"' 1999 Jane Barry Your Liberal Candidate in Saint John Lancaster Telephone: 633-0920 Facsimile: 633-0921 Energy Integrity Enthusiasm Miss Shirley McAlary & Members of Saint John Common Council P.O. Box 1971 Saint John, N.B. E21- 4L1 Dear Mayor McAlary & Members of Council, 11�� AH 011511111 a 0 - It has come to my attention recently that unsightly buildings and debris exist on a short street in the Dominion Park Beach area known as Mary's Place. Neighbours are anxious that the property be cleaned up and that the buildings be demolished . I understand that the owner is Ivan St.Coeur, although this has not been verified. I would appreciate if your building inspector would look into this situation and thank you for your assistance. Sincerely yours, Jane Barry jb/ds. cc: Terry Totten, City Manager Mr. Leo Richard 9 Mary's Place ;-Prill MI-1 EU COW" CLEAK'11 OVF1`U I 112 "1 1 P N'AW- IJ113OWN Energy Integrity Enthusiasm Onrr-150*-Nel Miss Shirley McAlary & Members of Saint John Common Council P.O.Box 1971 Saint John,N.B. E21- 41-1 Dear Mayor McAlary & Members of Council, It has recently come to my attention that property adjacent to Seaside Park which is rocky also is quite wet and borders on 413 Bardsley Avenue. The residents in that neighbourhood would greatly appreciate any material which you may be dumping which would be suitable to eliminate some of the water problems. I would appreciate your requesting staff to investigate this situation and thank you for your consideration. Sincerely yours, ane Barry jb/ds cc: Terry Totten, City Manager David Ferguson 413 Bardsley Avenue Saint John, N.B. E2M 3B2 o 1) Vt-x R1 L C E 1 WNWOU" JUN 17 99 Main Street West, Saint John, NB E2 r M 3N3 168 Harbourview Drive Saint John, N. B. E2P 16 June 17, 1999 City of Saint John Post Office Box 1971 Saint John, N. • S2 L 4 SUBJECT: Authority of the Planning Advisory Committee "Temporary Use" Mayor & Councillors Please find enclosed, your copy of a letter sent to the City Solicitor. The letter is self-descriptive and the purpose in sending a copy to you is the desire that Council ensures this issue is discussed and resolved in Open Session. Even though this issue concerns a temporary use application currently before PAC, we believe it is possible for Council to deal with this now It is not interfering with the land use application it is merely clarification as to the legal ability of PAC to in fact make a decision or to have this temporary use application deemed illegal and establish fact for future applications. We thank you in advance for your consideration in this matter and remain..... REM fimm� nfflumlqs� Hl' Ltn�IILUIVLEL) 'MMMOR CXERK%q,'QMJCt� ,JUN � 8 "19" _03MY ,Otr 9_641,Npr 168 Harbourview Drive Saint John, N. B. E2P 1B6 June 17, 1999 City of Saint John Post Office Box 1971 Saint John, E2L 4L1 Att: City Solicitor SUBJECT: Authority of the Planning Advisory Committee "Temporary Use" Dear Sir: Some months ago, Common Council questioned the Planning Advisory Committee's (PAC) authority for granting Temporary Use of property. Kt that time, I wrote Council and also questioned the authority of PAC regarding some applications for Temporary Use. A proposed Gravel Extraction at 475 Latimoire Lake Road will be considered by PAC on June 22, 1999, and it is for this reason that I am now asking s City Solicitor for a definitive legal opinion on Temporary Use based on, but not limited to the following example. Extraction of soil, sand, gravel or any other material over 1 metre in depth requires an excavation permit. Further, excavation is not permitted on land zoned as residential. Temporary Use was intended for exactly that purpose, temporary. Meaning upon the expiration of the approved temporary use, the land would be left in the same or similar manner prior to the temporary use. According to a former City Solicitor, a non-reversible act begins with cutting a tree, To allow the commercial extraction of soil, sand and/or gravel and permanently altering the land is NOT a temporary use and as stated, this is excavation and excavation is not a permitted use on residentially zoned land within the City of Saint John. Question: Does PAC have the authority to grant permission basei on the aforementioned example? Also, I am asking that you notify PAC to defer their decision until such time as you are able to advise them of your legal opinion. Further, a copy of this letter is being forwarded to Common Council for their consideration and it is our wish that you give your response to Council in Open Session. I thank you in advance for your consideration on this matter and remain..... P08 2107, R.RI Westfield NB EOG UO UMMURIWE Shirley McAlary, Mayor City of Saint John P.O. Box 1971 Saint John New Brunswick E2L 4L1 Dear Mayor McAlary and Council, The Merchant Navy Veterans' Association is holding its National Annual General Meeting at the Delta Brunswick Hotel in Saint John on July 16 - 18th, 1999. We request that your consideration be given to provide financial assistance to cover this event; approximately the sum of $500.00, or whatever amount your budget could permit. Your cooperation regarding this request would be highly appreciated. Yours truly, Osborne MacLean cc: Ken Galbraith, Manager Public Affairs - City of Saint John 44 vt [I viliv Aq 0 R P,, F, FE R KS ) P R May 17, 1999 Her Worship Shirley McAlary City Hall Building King Street Saint John, N.B E2L !C-.]- Your Worship: HOT AIR BALLOON WORLD CHAMPIONSHIP BAD WALTERSDORF, AUSTRIA AUG. 28 TO SEPT. 5, 1999 My Balloon, " Marco Polo" has been selected along with one other Balloon to represent Canada at this International Event by the Canadian Balloon Association. This will be a World Class Event and one hundred Balloons will participate from countries world wide. We will be a team of 3 and expect our total expenses for the competition to be in the area of ten thousand ($10,000.00) U.S. dollars. I am aware that "World Class Competitions" are eligible for various subsidies from Federal/Provincial Government departments. Would you please consider this request and advise what assistance is available. #iEGEIVED ",,OMMOK MERKS OFHCF W C111-Ify OF SAN01"11-l", Doug Shippee - Nancy Thorne - Al Patterson - Don Craft Gxwmay Centre v 50 CrownSuvret - Um John 0 New 1BnjnsMck -P 12L =5 -T - 5 Q I, W 34 11 "fie 06 534 177 0 Pax, 6 -70 carnaghan taylor fowler INSURANCE Doug Shippee/Marco Polo Additional Information Ballooning in our area is a crowd pleasing spectator sport. Thousands of people will attend a Balloon Launch and there is no age limit affixed to the audience. The Sussex Hot Air Balloon Festival in September for the past 13 years draws as many as 10,000 people per launch and the majority are from Saint john Area. We were involved in the initial festival and have been the host balloon since 1986. The "Marco Polo" has been involved in Saint John at such events as Loyalist Days, New Via Station, Poor Boys Luncheon, the Atlantic National Exhibition, etc. More recently in a historic flight over the city in December 12/98 with Santa Claus dropping candy canes to excited citizens below. I was the first licensed Balloon Pilot in Atlantic Canada when I introduced Hot Air Ballooning in 198 1. Since then I have trained over 6 pilots and we now have Balloons in New Brunswick, Nova Scotia and Prince Edward Island. I am the only Certified Instructor in Atlantic Canada. Doug Shippee - Nancy Thorne - A.1 Patterson - Don Craft 0 C-burtmay Centre - 50 Crown ,S et - Saint, ohn *Phew Brunswick - E2L 2X6 0 Tel: 506 6 3-4 1177 * F-" 506 634117€i & 28.8.- 5.9.'99 BAD WALTRRSOORF and the Organising Committee has the honour to invite you MARKETING GmbH `s bAL informationsb} m 1V - �J° a 8271 BAD WAITERSDORf this invitation. We expect your entry -form and your payment + +43/333313150 -0 WORLD CHAMPIONSHIP BAD WALTERSDORF Fax + +43(333373150 -15 40sto GeschaftsUrung TO Looking forward to see ou soon! y Gerhard Kindermann With best regards A - 8271 BAD WALTERSD 0 RF 309 Canada a + +43/333313730 Bad Waltersdorf, ,January 1999 Fax + +43/3333/3731 1 r '' e -math g- kindermannQmad,st ria.com O Woilgarg Nairz Kaiser - Josef- StraBe 3 A - 5020 GNNSBRUCK a + +43/512/577248 Fax + +43/512/5772487 OFFICIAL INVITATION e -mail: alp in. muit@tiral.com Antwort erbeten an ebige A.dresse Congratulation, you are nominated by your fi NAC I Balloonfederation as competition pilot to the L MNcerr rnt Ca.a ♦ua dam ianH 3 Sparkasse Hartbera- 'Jgrau , Fliale A -0271 Sad Waltersoarl Kanto Nr 9600- 6097n5, BL 20818 .r and the Organising Committee has the honour to invite you riSTERREICHI CH61f AER0 CLUE to this Sporting event. vvv The important details of the Championship are attached to Aetx aft Club this invitation. We expect your entry -form and your payment llar�flt Club of entry -fee not later than beginning of March / 1999 1163 Mark[gerreirde Bad Walfersdarf Looking forward to see ou soon! y H e i I t h e r rn e With best regards Bad GUattersdorF Gerhard Kindermann IBad � %Valtersd.rf 1 r '' S4claiachca hermen and • r i s 3. b a n MNcerr rnt Ca.a ♦ua dam ianH 3 Sparkasse Hartbera- 'Jgrau , Fliale A -0271 Sad Waltersoarl Kanto Nr 9600- 6097n5, BL 20818 UNIVERSITY OF NEW BRUNSMCK Post Office Box 4400 Fredericton, N.B. / Canada E3B 5A3 Office of Development & Pt.iblic Relations Tibloits Hall East urms "6416E City of Saint John Attw Mayor Shirley McAlary & Councillors P.D. Box 1.971 Saint John New Brunswick E21, 4L I Dear Mayor McAlary & Councillors, Development Tel: (506) 453-5053 Public Relations Tel (50 6) 453-4793 (Dev, & PR) Fax: (506) 453-3599 I am pleased to advise you that the 1999 recipient of the City of Saint John Award was Ms. Krista. Helen Patrick of Hampton, NB. Ms. Patrick, a deserving student, recently received her Bachelor of Business Administration (Economics) degree at the Saint John campus Convocation ceremonies. We consider it very important to provide special recognition for academic achievement. Your support in this vital area could not be more welcome. It serves the University of New Brunswick very well and honours its graduates in a meaningful way. Sincerely yours, Louise Boldon, Acting Director Development & Public Relations Charitable Req s(ratinn Numbers Canadian IN o. 10816 2021 RR0001 U.S. No. 23-710-3310 `r t— 1I t 0 yj a -.4 ji 'tt¢i �2r � r2/ n isaf� 7cJ 4 C' d FVx `} 'C— ( —fAT_. .� h , Fr C (A L 'p'Y'§ Z . Xr n,� 3 � Cf Lorneville Community & Recreation Association Inc. 1739 Lorneville Road, Saint John, N. B. E2M 7K4 The Mayor & Common Council June 18, 1999 . City of Saint John City Hall 15 Market Square Saint John, N. B. Your Worship & members of Council, The Lorneville Community & Recreation Association Inc. respectfully submits a request for funding for two community projects in Lorneville. The first is a beautification program for our community centre located at 1141 Lorneville Road. We are planning to do significant landscaping and site improvement i Ii n conjunction with Communities In Bloom. We are requesting LPP funding in the amount of $4,460.00 and have included a proposed budget and sketch and Attachments 1A & 1 B. The second project is for the establishment of 2 kilometre groomed walking trail along the Lorneville coast from Splanes Beach to Ferguson Head, where the S. S. Kings County sank 62 years ago. This site has received significant media attention recently as the sons of Harald Hansen, the man whom single handedly saved his 36 fellow crewrnembers will be visiting Saint John this summer. We have attached a copy of one of the newspaper articles as Attachment 2D. Lorneville does not have any sidewalks and even the shoulder of the road is very narrow. This trail will provide a safe and scenic walking trail for our residents and a popular place for other residents of Saint John to visit. However, we do not intend to make this a public tourist attraction but those tourists that find it will be welcome. There will be no charge for using the trail but donations will always be welcome. The land in question is owned by the Province and they have been very supportive of our plans. They have given us permission to construct the trail on their property, provided us with an excellent building for our base of operations and have also funded two student trail workers for the summer months under the JETStream program. In addition, the Province has also provided us with three small buildings for use as storage sheds or washrooms. The letter of authorization is included as attachment 2E. Attachment 2F is a letter from our insurance company to confirm that we have acquired $1,000,000.00 liability insurance for the trail. It is our intention to enhance the parking area at Splanes Beach and to establish a formal entryway into the trail. There will be a picnic area at Tiners Point and two lookouts with raised observation platforms. They will be located at the former site of the Tiners Point whistle station (foghorn) and at the trail head where the S. S, Dings County sank. We will also provide benches at appropriate locations along the way. This project requires a lot of materials and an even greater amount of labour. Besides the two JETStream workers we have a large number of volunteers and a scout troop that want to help. While the full cost of the trail is $52,500.00 we are seeking $23,500.00 from the LPP as that would cover the materials. The rest is labour. We may further enhance the trail with more or nicer lookouts if we receive some corporate sponsorship but that remains to be seen. Time is of the essence for both of these projects. The landscaping season is underway and Communities In Bloom will soon be upon us. In addition, our trail workers will be reporting for work soon and we would like to have as much done as possible before the Hansens arrive in mid August. Therefore, we respectfully request that you consider this request as soon as possible. Sincerely, Patrick Donovan President ATTACHMENTS ENT 1A,, budget 1 B sketch 2A map of proposed trail budget 2C trail cost estimate 2D newspaper article 2E letter from Province of New Brunswick 2F letter showing liability coverage in farce 2G JETStream approval for trail workers HECEIVED J" UY 'W-l^ WIF, [01141K t iex. Community Centre Beautification Project Quote for planters includes: interlocking blocks, plants, Planting material & labour (quote is attached): $3,965.00 Eavestrough: 700.00 Crushed rock: 3{}0.00 Backhoe & operator: 320.00 Topsoil (4 loads) 850.00 4 trees (installed): 800.00 pine seedlings: 60.00 bricks for barbecues & walkways: 900.00 events sign & general signage for community centre: 1,000.00 driveway markers: 28.00 TOTAL: $8923.00 t Y Garden labour: $550.00 Backhoe & operator: 320.00 L. C. R, A. general fund contribution. 1,200.00 Bricks for BBQs and walkways: 900.00 Pine seedlings: 60.00 Trees: 800.00 Plants: 222.00 Labour for planning & organizing: 570.00 $4,622.00 .Please note: The above includes commitments from volunteer labourers, Martin Construction, N.B. Power, the Lorneville Community & Recreation Association as weltas donations received for plants, etc. I' i ��, CP. ti � t ""^`' at `� ^-,'�. Y ''° v ,s�� �? w .�1:J1 4' -3 4 � �� -> a � � � � y � � 3C L 0. �€ � 0.. �'� '�iY C_i 9� S � w h S � 4 o � � � �1" � u � � ,� a U s Cl "Y '� o U- ^�.. u\ � 1q � t, -ar 9 �,� v ,� a 'Y ° y,�. w �. F� ,'� � �.� f - -.-. �Y, W �v Y �7 .; � s. Pa � �AUy� �.r C„ ry '`%Y�r _�. =� 'a '.� J. - ��s �- ��"� a sa�,v o� ��,�� y , -s ''o�cn � � �,��.,�., a5�.�,7 y x��.�,J,� � �� � ,.3 �-3 /wry S�} +/l � may} � 7 � S c i i A i y r, � � 1-13 s F! W C] '� 4 tl - -yy -1� _� ��^ Y i� t A.� `" _� 4 �� ti y 3 ". v a 4 `V � �i t ;, g 0. � ti `J� °r a �" �, M i '�� i �� �� ti � t ""^`' at `� ^-,'�. w . � `.T. "t c `" '� � _w a � � � � o � L 0. �€ 0.. �'� �� -ti- � o' � S � w h S � 4 o � � y -� � u � � ,� a `J � �? o U- ^�.. 5- Eu'•_a✓-t�'n JJI �y, F10 !'r vl �. V 4 �` a Zv �.r° � / � G F lP / fl d'P NY/- e �� e. �a �' i `k`4{ Qi3 v i n g' , t' ab %Jlcoro �r4i7^ !%E /i�f7 a - � c a b fir. C 5- ti �r 3 � i 9 pggk k w i I F: N rt��' i. � i M ip k d k 4 4 � W E �4 i . J =isr S 0 h t ?}�tfn , CFir' tea" I t r`t br y � OF m vj m �l I j r!` t't t t Seaview Trail budget June 1999 Note: An explanation of how we arrived at the casts involved is attached, Please refer to the adjacent reference number. ITEM REF. # MATERIALS LABOUR T T L 2 kin. groomed trail 1 $6,000.00 $14,000.00 $20,000.00 2 lookouts w/ platforms 2 6,000.00 6,000,00 12,000.00 ATV (used w/ trailer) 3 3,000.00 3,000.00 6,000.00 Equipment 4 2,500.00 0.00 2,500.00 5ignage 5 2,000.00 1,500.00 3,500.00 Planning & operations 6 2,500.00 3,000.00 5,500.00 entrance /parking area 3 500.00 500.00 1,000.00 picnic area 8 500.00 500.00 1,000.00 benches 9 500.00 500.00 1,000.00 TOTAL,: $23,500.00 $29,000.00 $521501.00 Seaview Trail Cost Estimate Reference t+ I ) 2 km. groomed walking trail: See attached estimate of Drisdale & Associates completed in 1994 for the Province of New Brunswick (2C 3 & 4). This lists the cost of continuous trail at $10,000.00 per kilometre of which 70% is labour and 30% materials. Because this estimate is for any one of numerous kin. of trail it does not factor in the costs of lookouts, additional signage, trailheads, entryway or parking. We have calculated these separately, 2) Two lookouts with observation. platforms: We estimate that the lookout at the former Tiners Point whistle Station will cost $2,000.00 total whilethe site at the trailhead will be approximately $4,000.00. The first site already has a concrete base (where the whistle was located) that we can build on and the area is low, level and clear. The site at the trailhead where the S.S. Kings County sank is among the most picturesque on the Bay of Fundy and rivals any location on the new Fundy Trail. However, the site is located on a point of land that is high above the bay. Therefore, it will be necessary to fence in the walkway leading to the observation platform and additional fencing and other security measures will be required. 3) Used ATV with trailer: We will require an all terrain vehicle for several reasons. It will be needed to transport equipment and supplies during construction as well as to clear trees and brush. When the trail becomes operational we will need it for removing trash and recyclables from containers and other maintenance, In addition, both during construction and operation it will be needed in the event we have to evacuate an ill or injured person. 4) Equipment: This amount covers a number of manual and power tools required such as shovels, hammers, nails, chain saws, etc. as well as rental costs on mini backhoes and other equipment needed on the short term. 5) Signage: This trail will require a considerable amount of signage. Interpretative signage will be needed for the various eco- systems and historical significance of the area. These signs will be erected in such a way so that they can be removed each fall to increase the life of the signs and to protect against vandalism, Safety signs will be permanently mounted and we intend to use a considerable number. In addition, we will need signs in the parking and entry areas and a sign is proposed for the exit asking visitors to use the King William Road if returning to Highway #I so as to limit the impact on the more residential Lorneville Load. The cost shown includes the cost of the signs, hardware, lumber and labour to install thee. 6) Planning & operations: This is a catch -all item that covers all of the costs of labour associated with planning; and organization and supervision of paid and volunteer labour. This also covers utilities for the maintenance building;, a cellular telephone for trail workers for safety and emergency purposes and minor adjustments to the maintenance building such as a ramp to allow us to put the ATV and other large equipment in the maintenance building for security. This also covers administrative costs such as reporting of wages of trail workers to the province, etc. 7) Entrance & parking area: Costs associated with clearing additional parking areas and the cost of developing an organized parking section (rows using logs etc.) 8) picnic area.: Cost of clearing and setting up picnic area including the cost of picnic tables, trash and recycling containers as well as a fencing system to keep trash from blowing out of the area. 9) Benches: The cost of establishing 5 rest stop areas along the trail. Please note: The Province has also provided us with three buildings suitable for use as washrooms or storage facilities. We have not yet determined the best use for these and they are not included in this estimate. We will also seek corporate support to enhance the lookout and other areas if we are successful. However, we will not be seeking any matching dollars from the LPP. This contribution, if approved, will be quite enough to construct a nice trail system. Any enhancements due to corporate support will be a bonus. JO Mli'kIT MV by Austin A. Drisdelle Drisdelle & Associates Fredericton, New Brunswick August 1993 , S. Develop tent nnd Uninto—nce Budget During a review of various reports and conversation with selected interest groups, a capital cost and maintenance cost were established. The cost of constructing Ikm wheelchair accessible trail would be S18,000. The cost of constructing 1km hiking/cycling The- cost Of constructing lkm hiking trail only would be $2,000 with an annual maintenance cost of $350/km. The maintenance cost for the wheelchair accessible and the groomed trail system would require r" 1i annually. The capital cost and maintenance is very labour-intensive with approximately 30% spent on materials and 70% On Manpower. DrWelk & Associates Page 2I 1 ,mm GLOBE JESDAY, FEBRUARY 2, 1999 A ..... . . . Harald Hanseij sits oil top of the shoulders of his Porwcgjan shiij-n-i-mtcs in, Somt .4ohn, aiter reseuvig mem Yi their sinking ship in this 1930's photogyra,F lh- S.S. Kings County, a Norwegimi w.mm smi% o 'Zhe coast of Lorneville in 1936. m IN SEAR OF A fhRO D Three oi-wegian brothels want to learn more about their Father's daring dive into violent Writers near Saint John, a dive that saved 36 lures ,By JOHN C II_IBECK Tivies Globe staff toriie), eai'ing only his sailor's prints and Grope around his Small % viist, 1- larald Hansen looped into the violently churning sea water below and tools a deep liceath. The lives of 36 sailors were at stake after their ship had blown off course in a violent winter storm and battered against rocks off the 11011)(2- ' Ville coast. Water was gushing through the ripped metal hull, and the N70rwL -jan ;tc'anlship was Starting to tip. They could sec the i ocky shore only 30 metres away, but the huge caalbers were preventing then, fronn using lifeboats. The sea would have ;tossed and twirled the small craft like ar,ajorette's baton. There were no lines of comnluni- ation, no lights on the shore and tic) Wpin sight on this early I)ecc:ri,ber morning it, 1936. Their sole lifeline, was t 'vIr. Ansen's live-l( ?ot, twit -inch, 125 - -,ourd frame. The nimble, i year-ald Sailor would try to swii„ inshore and tie the rope to a rock, al- MU'ig the mcn to climb hand- s:. tea -hand to safety. lie tools the plunge, a heroic Ppinto icy waters that would tingle i0spines of his countrymen for dc- to collie, Hansen fought the giant waves something near 15 ntiuutcs, the ertow jerking hint back every ,'iielie made a few strokes forward. Lilted against the rail, the sailors latched as their comrade, only a hall white speck in the inky black - of the early morning sea, would ,momentarily swallowed by the embers, only to suddenly reappear. '' They'could see him, making a mad : utch at the rocks, but thee, lie would re spit back into the sea. Many of the )ten thought all was lost, until [,lie ignal came that indeed, the rope was ied taut to a rock on shore. All 36 of the Norwegian crew were as 'd and Mr. I-lansen's swim, a few kilometres from Tynel's Whistle, be- ame a thing of legend, ,His feat was big news in New :sarLs¢t� 6MO— Serf's Ilz'ge sores (from left: Leif flarald, 6Ielge aild That') plan, .to visit illini {oust crisis summer to learn more about their father's story. 111-unswick ..rncl probably would have made the Frnr)t server of the newspa- p %r if'nclt for lr)d timing —Ding Ed- ward `Jill hats abdicated the British C t-0- Wi1 0111y 111c ,lay hel'crrc, so the di- nliilwivc ?' lorv,•cgian was buried oil page ti, ,loot- %:vur, he still managed to earn ;t me +dat for bravery front t11e province's l , icutciiant- Governor and a spcuil cit; ?limn from the City of Saint John. In Norw y, public admiration was oven snore hcaci ��. 'I'I)c popular press fillet, tbeir cohmuns with details ol'his heroism, and the Icing of Norway presented him rvith the prestigioils Mu(t;tl of Nobic Acts, Thor Hanson, flarald Hanson-, second old(cst soil, grew up reading ;Il'ow hi`~ lalhrr''s bravery In a school rc,idc:r r.tr)tii in a scrag -)I ook kcpt by the fatnil� -. the 55 -year -old comput- er technicrin wants to take a trip to New l3r uuskvick to sec if he can find the shot where his ftther's ship, the S.S. Dings County, went down. Ili a series of 1--mail messages that were sent to the Tines Globe, Mr. Hansen exph6ncd that lie and his two brothers, liclgc and Leif, were always intri;;rrcd by their father's heroic deed. "i0�ly I`athcr wxs a nl0dcst mail," he wrote. "Ite slid not tell much about what happencd in 1930. But it shined 9111_0ugfl 111M hi was proud of'what he had clone, So vir,g all the crew, It was a good Ccclit)t; for hilt, that his efforts in the coal writer and big waves were successful, He was not really a good swimmer, but brave enough to try." Mr. Hansen's father gave up sail - oring soon after he returned to Nor- way, despite lucrative offers from a number r of shipping co111p:1nics. The hero wanted to settle into a quiet do- mestic life away from the adventures of the sea. Tile war put a damper oil his plans. The Germans were putting . Young Norwegians to work to sup- port their war machine, but Mr. I-lansen would have none of it. He es- caped to sonic nearby woods in the mountains, only to be caught later when 11e tried to visit his wife and children in the city. I -Io survived the war, but was even more kcen to lead a tranquil exist- once. For the rest of his carcer, he worked as a foreman in a fertilizer plant. Ile passed away in 1983, I -Iis son, Thor, will likely visit Saint John later this summer with his wile and two brothers to try to relive parts of the story. For example, newspapers reported that the sailors, many of than shocless and shirtless after they reached shore, were taken in by families in Lorneville to spent the night. The Hansens want to meet anybody who knows about the t<nnli- lies, or who might be old eliough to remember the events themsclvc;s. You can reach "Thor I-Ianscn by I,- mail at tho- h{�i)onlinc.no or rcgultlr mail: Tekniker Bata 5, 3912 Pors- grunn, Norway. V�VV V 15 / � 11: 119 E_ it `.T( °IEHT B�'w=H(- 1c trr �1W(U 1�cpnornlc I ��c_ingpc.ancn€ Dcvctppmcn� , ,.OftDmIquc, Tourism and Ctijrum d c1 O-C Ia CA7iram New -%11- ' NouveaLi FAX- 1 -5{ 66 635- 197(l Lorneville Community & Recreation Association Inc. 1739 Lorneville Road. Saint John, NB F-2M 7i Attention: Pat Donovan RE_ Yours of Iunr 9, 1999 Plea. se be advised we have no objection to your enterirtg upon our lands to take advantage of a trail building program-` this summer as outlined in your fax of June 9, 1999, as long as an the undmtandin,g that you do so at your own risk and expense, Provide a minimum of 1 nlilEon liability insurance to cover your activity on our property; and that you agree to indemnify the Province, the Minister and their agents from any and 4 actions arising out of your usp- of the property. You may also use dhe building on the farmer N,B, Broadcasting site as a base for your trail building operation. ' `his permission is not a l and exclusive possession cannot b-e guaranteed without a f€ i-mal l . The Minister may ter ninate this permission upon 15 days liner; notice f()r any Mason has`i�; may f(-,el is in the best inte-m-st of the Depailment to do so, As well, this permisslon rs not to be construed as a cornnuitmc -nt for ? -my _u..ire y011.4 may have including but not hrnited to requests for financial support. Good luck in your projects this surnmer. y truly, 10 coat, P. En g. ager - Engineering Services ,, -f ., .. ... j.,..r, r rf,t —ins. (- <, - Olfv -l5 (18 the co-qpera,,-tar�-; LINDA GILLEN INSURANCE LTD 54 Loch Lomond Road Saint John, NB E2J1X7 June 17 1999 This is to confirm that Commercial General Liability Insurance policy # 1581174 in the name of Lorneville Community Recreation Association Inc has been extended to include $ 1,000,000 liability for the development and operation of a seasonal sightseeing / nature walking trail located in or near the community of Lorneville, NB If necessary, further information came be obtained from the undersigned. Sincerely yours Eugene Wheaton Senior Sales Representative -cW= Yd 1 tk Departruent of Miuistcre du Labour 'Travail B n 2 15 June 1999 • i' LORNEVILLE COMM. RECREATION ASSN. INC. ATTN: MR. PATRICK DONOVAN 1739 LORNEVILLE LOAD SAINT JOHN, SAINT JOHN E2M 7K4 � 5 n �iSIU We are pleased to inform you that contract number NI 'I149 submitted under our 1999 -2000 J.E.T. Stream Program has been approved for the following 2 position(s): Job(s) Total Weeks Target Croup 2 TRAIL LEVEL. 16.00 IMPORTANT: The Student Referral Sheets may NOT BE INCLUDED in this package. If they ire not, they will be forwarded according to the yob start date that you indicated on your work order form. DO NOT HIRE before receiving the referral sheets. This approval, as well as any additional approval awarded under this contract, is subject to the following conditions: A Notice of Hiring Form must be completed and returned as soon as the student is hired. This also must be accompanied by the student referral form. ® You will only be reimbursed for those students selected from the list referred by the Provincial Student Referral Office. Jobs must provide a minimum of 35 hours per week. A maximum of 40 hours per week will be reimbursed. m Positions under this agreement must not displace regular employees, volunteers or individuals on leave. P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau- Brucvswick Canada F3B 5111 Canada E3B 5111 P RO?-'E RTTMAI NTE NANCE LTD P.O. BOX 22025, SAINT JOHN. N.B. E2K 4T7 To: the members of the Common Council of the City of Saint John From: Property Maintenance Ltd. Date: June 24th, 1999 s•aM_ At its meeting of June 16th, the Board of Property Maintenance Ltd asked me to write to you on this subject. The First Schedule of the Municipalities Act defines "Services" as follows: Any service deemed by the council to be expedient for the peace, order and good government of the municipality and for promoting the health, safety and welfare of the inhabitants of the municipality [emphasis added]. Included in the list which follows is (g) regulation of traffic. So part of the mandate of Common Council is to ensure that the regulation of traffic is carried out in such a way as to promote the health, safety and welfare (and, other than 'peace, order and good government', no other guiding principles are to be used) of the inhabitants of the municipality. It does not seem possible to reconcile your current proposal to ban parking on only one side of Candlewood Lane with this mandate. In fact, enactment of that proposal would return those living on Candlewood Lane to the dangerous situation they have been trying to get out of for over a year, and create a statutory threat to the their safety and welfare -- especially the safety and welfare of the children. As noted in our October 7th, 1998, letter to you, the problems created by parking on the south side of Candlewood Lane -- which was permitted until last September and which you propose to permit again -- are long-standing and have been getting worse. (As my wife and I have lived in Candlewood Lane longer than anyone else I can attest to the truth of that statement from personal experience.) During the winter of 1997-98 it was obvious that the situation had become so dangerous that something had to be done about it. Our efforts to get something done have been outlined in our October 7th, 1998, letter to you and our letter to the City Manager of November 20th, 1998. It is not clear to us why the efforts of we who live here to promote our safety and welfare (and especially those of the children) have been systematically obstructed by those -- yourselves -- who have the legislated mandate to support such efforts. We are aware that the action of the Commissioner of Works in having the No Parking signs removed in late September 1998 followed a private telephone call to the Mayor. It is clear from reports in the press and from the minutes of your meetings that there have been other private telephone calls to the Mayor and other councillors. Obviously we do not know the content of those private calls or what arguments, if any, were advanced to justify asking that parking be permitted. However, it seems unlikely that new arguments were found which were different from those put forward during the lengthy discussion of parking on Candlewood Lane at our Annual General Meeting. Some statements, as quoted by council members and in some cases repeated in the press, have no basis in fact. Statements to the effect that banning parking on both sides of Candlewood Lane will prevent family members from visiting, or that there are no additional parking spaces, are examples. Unfortunately, some council members who quoted their secret informants did not deem it necessary to find out whether the information they were given was true. Nor did they advise those informants to talk to the elected representatives of their blocks on the Board of Property Maintenance Ltd. At no time has any councillor (or anyone else) initiated contact with Property Maintenance Ltd, which made the request for the ban on on-street parking on Candlewood Lane consistent with the expressed wishes of the majority of the homeowners who live there. Property Maintenance Ltd was not told when the matter was to be discussed by Common Council; if it had been informed and its representatives had been allowed to speak, some of the inaccuracies might have been corrected. `Good government' is normally considered to be democratic government and respect for democratic processes. Over the past 2500 years true democracy has been considered to be what happens when all the citizens who wish to attend a meeting come together, discuss the problems and the various solutions proposed, and vote until a solution is found which a majority votes for. We have followed this process. As noted in our November 20th, 1998 letter to the City Manager, at the most recent Annual General Meeting of Property Maintenance Ltd -- which involves all the homeowners concerned by this issue and only them - � after strong and repeated advocacy of the position you propose (parking permitted on one side of Candiewood Lane), the majority of homeowners voted to ask you to ban on-street parking on both sides of Candlewood Lane. As noted in the November 20th, 1998 letter, three homeowners voted against the motion. No claim was ever made that the decision was unanimous. Unanimity is always desirable but it cannot always be attained, as council members know from their own deliberations. Unanimity is unlikely when, as in this case, people are defending different positions based on different principles. it is also not clear what compromise position can be reached between people who want parking banned on one side of a street and people who want it banned on both sides. It is also possible that some of the homeowners who did not bother to attend the FA Annual General Meeting did not like the decision, especially as they had not heard the arguments in favour of a total ban on on-street parking. Be that as it may, the majority of the people concerned, after full consideration of arguments for and against, have said that they want on-street parking banned on both sides of Candlewood Lane. The solution you propose was considered at length and not chosen. Your governing principle in this matter -- that in the absence of unanimity the minority position should be imposed on the majority -- is an interesting one but, in the absence of any valid argument to support it, it does not meet the 'good government' requirement. (Think what would happen if it were applied to the council's own decision-making process.) If there were good reasons why the majority position could be said to be contrary to 'peace, order and good government' or inconsistent with your mandate to regulate traffic in such a manner as to promote 'the health, safety and welfare of the inhabitants', it would, of course, be your duty to overrule that position. But so far you have made no attempt to make that case and it would appear that it is your proposal, not that of the majority of the homeowners, which is not consistent with the promotion of the safety and welfare of the inhabitants of Candlewood Lane. At the other end of the spectrum from democracy, the self-interested whisper in the ear of the powerful has been with us more than 2500 years. Its modern vehicle is the telephone. We did not use it (though I did speak to the Mayor by telephone after she had been unavailable when I visited her office), because it never occurred to us to do so, and because to have done so would have been to condone such activities. It is not clear that your using unverified information gained through such a process to overrule a majority decision reached by a democratic process is consistent with 'good government'. The right thing to do is to accept the original staff recommendation, consistent with the will of the majority of those concerned and with your mandate to regulate traffic in a manner which promotes the safety and welfare of the inhabitants, and ban parking on both sides of Candlewood Lane. But you do have the power and authority to do the wrong thing -- give third reading to your current proposal. If parking were banned on both sides of the street, obviously the legitimate needs of the homeowners would be met by the body they elect to represent them: designated "Visitors Only" parking spaces would be marked, special arrangements made for seniors who need a parking space near their home, etc. Property Maintenance Ltd is the servant of the homeowners for whose benefit it exists and who elect its Board, not their master. Nevertheless, homeowners who have two cars (such as me) or even three may be inconvenienced. Most people agree that it is better to sacrifice convenience to safety than to sacrifice safety to convenience. And 'convenience of the inhabitants of the municipality' is not listed in the Municipalities Act as a principle which must guide your decisions while their 'safety' is. K If Common Council gives third reading to its proposal to ban parking on only the north side of Candlewood Lane, it will be sending several messages to the citizens of Saint John: (1) this council has limited respect for its legal mandate to ensure that the regulation of traffic in this city is carried out in a manner which promotes the health, safety and welfare of the inhabitants -- at least the inhabitants of Candlewood Lane; (2) this council has limited regard for the safety of children and adults -- at least those who live on Candlewood Lane or who might visit it; (3) with this council, a democratic process involving an identified group of citizens which reaches a decision endorsed by the majority of the citizens concerned can be subverted by a few private 'phone calls to the right council members; (4) those doing private interest lobbying of members of this council should not be too concerned with the facts but should tell a good story, because at least some council members do not bother to check whether what they are told is consistent with the facts-, (5) with this council, doing things properly -- operating openly and working with staff -- is not a good idea and is a waste of time: private lobbying of council members is what gets results; (6) this council has an interesting interpretation of what is important and in what areas it has expertise. If memory serves, none of the members of this current council claimed at the time of their election to have expertise in matters of parking or traffic regulation to promote safety; nor is any such expertise apparent in the comments on Candlewood Lane parking made by council members so far (as recorded in the council minutes). Yet it has spent considerable time looking for reasons to reject the advice of its staff and the wishes of the majority of the people concerned with respect to parking on this one small, residential street. Some might suggest that this time and effort might have been better expended on some of the real issues facing the council. Yours truly, (David Jory, president) 4 Common Council City Hall To Common Council: i ^ � ire nh, } ( � t � � � �i �n � • � S9 govaffst Dar (Inc. io7 Germain St. ,P-O. 9 1T�sTlW g ox 6155, Stati��oy'n A ef,(5o6 )6344 --8123 ax....(55}o6)634 -8770 - maif: foTafist@ 6net.n6.ea June 24, 1999 1 am writing to you on behalf of Pam's Place, a restaurant on the corner of Prince William St. and Duke St. This establishment would like Permission to operate a barbeque on the sidewalk in front of their location at 179 William St. The intended date is Tuesday, July 13 ", 1999. The barbeque would be in operation from 12 -4 pm and he in honor of Heritage Day during Loyalist Heritage Festival with staff wearing costumes and hosting games as well. All activities and eating would take place ind000rs and only the barbeque and its operator would be located on the sidewalk. If the requested date is unacceptable any later date in the same week (July 12'b - 16' ) would be fine. Thank you for your consideration in this matter. Sincerely, Gabriella DeLorey Bishop 1 / EQEI kll Q , I CLERWq E JUN 24 199y