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1999-07-26_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at July 23, 1999. 1. Meeting called to order, Monday, July 26, 1999, 7:00 p.m., - prayer. 2. Approval of minutes (July 12, 1999). PUBLIC HEARINGS 3. 7:00 p.m. (a) Proposed Zoning By -law amendment to add Special Zone #4 (SZ#4), its uses and standards, and to re -zone a parcel of land located at 533 Rothesay Avenue, from "1 -2" Heavy Industrial to "SZ#4" Special Zone #4 classification, to permit the establishment of a licensed lounge, as requested by D.R.'s General Construction and Management (b) Report from Planning Advisory Committee re proposed amendment. (c) Letter in opposition to proposed amendment. 4. 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a portion of property located at 1111 Churchland Road, from "RS -1 M" One and Two Family and Mobile Home Suburban Residential and "RFM" Rural Mobile Home to "RF" Rural classification, to permit the removal of excavated material onto Churchland Road, as requested by Anthony Debly. (b) Report from Planning Advisory Committee re proposed amendment. (c) Letters in opposition to proposed amendment. COUNCIL MEMBERS 5. Re enhancement of water utility services (Councillor Titus - tabled July 12, 1999). 6. Re Red Head beach (Councillor Titus - tabled July 12, 1999). 7. Re guidelines for conflict of interest, City committees (Councillor Chase). 8. Re control of humidity and temperature in City Market (Councillor White). CITY MANAGER 9. Re terms of 1999 bond issue. 10. Re lease of Stalls 8 and 9, City Market. 11. Report re tender for Contract 99 -9, Sherbrooke Street water and sewer construction. 12. Report re tender for thermal imaging equipment for Fire Department. 13. Report re tender for motorized equipment, Works. *14. Report re tender for motorized equipment, Water and Sewerage.(WITHDRAWN) 15. Report re tender for liquid chlorine. 16. Report re tender for hydrofluosilicic acid (H2SiF6). 17. Report re tender for petroleum products. 18. Response to June 28 referral of letter re sidewalks on Fundy Drive. 19. Response to June 28 referral of letter re accommodation service. 20. Re HIP application #92 for development at 65 St. James Street. 21. Re request for easement for encroachment at 81 Wentworth Street. 22. Re request for easement for encroachment at 1496 Westfield Road. 22A. Re proposed assignment of leasehold interest in Market Square complex. 22B. Re release from covenants and obligations in 1992 agreement and lease, 55 Union Street. CITY SOLICITOR 23. Third reading of proposed Parking Meter By -law amendment re Saturday parking (1st & 2nd readings given July 12, 1999). Rage Two. COMMON COUNCIL AGENDA - as at July 23, 1999. COMMON CLERK 24. Third reading of proposed Zoning By -law amendment to re -zone 225 -227 St. John Street, and imposing of conditions pursuant to Section 39 of the Community Planning Act (1st & 2nd readings given July 12, 1999.) COMMITTEES 25. Committee of the Whole report (July 12, 1999) - (1) Nominating Committee recommendation for appointments to commissions, committees, boards; (2) purchase of land in Loch Lomond watershed. GENERAL 26. Request of Animal Rescue League for donation of trees, flowers, planting and landscaping materials for project park. 27. Application of William and Doris Evans for re- zoning of 155 Hillcrest Road. 28. Request of Saint John South Planning Committee for donation of paint supplies for South End projects. 29. Letter from Legal Services Department, Municipality of Chatham -Kent, re Federal Government policies on reserves within Canada. 30. Letter from Symphony New Brunswick re competition for role of Music Director. 31. Request of 509730 NB. Ltd. for designation of former Centenary Queen Square United Church as heritage building. 32. Request of Beatty & the Beastro for permission to place tables and chairs on King's Square sidewalk. 33. Request of Rotary Building Fund for financial support for renovations to The Boys & Girls Club of Saint John. 34. Request of AIDS Saint John to meet re outreach program. 34A. Letter from Latimore Lake & Surrounding Area Residents Association in appreciation for respect shown at July 12, 1999 public hearing. COMMITTEE OF THE WHOLE - 4:30 p.m. 35. 4:30 p.m. - Hearing of taxi appeal. 36. Re salary adjustment (City Manager). 37. Re floating wharf, Market Slip (City Manager). 38. Re purchase of land for Birchmount Road widening (City Manager). 39. Re sale of 3 Angus Court and Lot 98 -6 Latimore Lake Road (City Manager). 40. City Manager's update. 41. Mayor's update. J % 4 PROPOSED ZONING BY -LAW AMENDMENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By -law at its regular meeting to be held on Monday, July 26, 1999 at 7:00 p.m., by: A. RE: 1111 CHURCHLAND ROAD Re- zoning a portion of property, located at 1111 Churchland Road, having an area of approximately 19.4 hectares (48 acres), also identified as being NBGIC #352047, from "RSAM" One and Two Family and Mobile Home Suburban Residential and "RFM" Rural mobile Home to "RF" Rural, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the removal of excavated material onto Churchland Road. RE: 533 ROTHESAY AVENUE 1. Adding the following to the list of zones in Section 30(1): "special zones SZ#4" 2. Adding the following as Section 740(4): (4) Special Zone #4 SI Z#4) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - a club or lounge; - all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an 1-2" zone, an "I" zone, or an industrial zone, as the case may be." 3. Re- zoning a parcel of land located at 533 Rothesay Avenue, having an area of approximately 1.7 hectares (4.2 acres), also identified as being NBGIC # 55108948 and 55108955, from "1 -2" Heavy Industrial to "SZ #4" Special Zone #4, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the establishment of a licensed lounge. 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.. Mondav 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 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG =Saint John Times Globe; T -J= Telegraph Journal) " SJTG City Information Ad " SJTG Independent Placement SJTG Classifieds T -J Independent Placement T -J Classifieds Date(s): Tuesday, June 29,1999 Tuesday, July 20, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc,) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) ❑ 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 STF \R/ \\ Office of the Common Clerk June 22, 1999 D & R's General P.O. Box 2393 Saint John, NB E2L 3V9 Dear Sirs: Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E21, 4L1 Construction & Management At a meeting of the Common Council, held on June 14, 1999, the following resolution was adopted, namely:- City of Saint John " RESOLVED that the application of D.R.'s General Construction and Management for the re- zoning of property at 533 Rothesay Avenue 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, July 26, 1999, at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, onstance Mosher Assistant Common Clerk CM:sc Enc 1. l v A�endment cada'n- Appl3Q �y Ap`plwant' "Relatg'd bformIatipla p NaofAplicant DRs,r General CoristrtPct�o,n, & Mgmt tvSilmgAdd>essofApglicant PO;BoX X393 Sa�nt'Jbhn N$ Postal'Code U L. 3V9 652 -9393 Telephone Member, KPma Business I pp 63 1684, ", f'aI" 14mber,(if any) NaPne of Pro erty Ow nit (Ifdifferent) Mal ing Address of dwner • 1p V A It I 1�pstal Code ' I lip pi I _ �, ' r ' � I'operty`fitforma,tion "' 5,33 Rothitsaiy Avenue 5510$94 &�!!i 55108955 . LocatldTM „ 11 1 Civic .; $tract NBGICP It 1 67; . H h N/A ttttttttttt L ot'Area stre,.'gt Frontage P it Bxis,hng t he, of Property Wgreh�iu'se / Office Sp`aee c MuAicipal Plan Ladd i sb', 611 1gna;fiotl A`mene�'tg,ent Rpq'tr "ested 11 Present Zlonin'g =2 HeavX Industrial III L�GhangeZophgto A kIne Which „perinits a','licensed lounge I An or specla ?tone O Text Arnendlnent (Indipate'pirticulars) w „ p: �/��p ��' it ,E°�e"Y,�'i�IY,GY Ilk 11 1 , Ld "+.4i4RA1116JIIR'wi.b'RI! T Vrfl'1! , rr. '. r. ) 1111 I kip f I I r I. r ,n , I r an or u A IL k �� , 1tf1 '4 , , DevelopmentPrpgsal It rl, han i DescripgotaafHrd'posal G 9 In existing ;building frdAt warehouse & Office spice to 4,retail /or licensed lo'tinge facil, ties - YC�u heist provide p scaled siie pion that il(tlslrates must buildr "ng plan ,,.eleNatron drorvrng; and ony oother fo�rn 6) informalio i� The pkmr I must sh,oti tlhe'dintlensrops of the property; lh1i cat, n ojalCdtiildrngs,. driveway , Park -in areas, landscdping� I signs, It is uSrporlan! lha� the t/fttance'b'enr e ®r 'r'l e' ra 'e� bollm dory and ¢uiidr1i are sh'orvn. P, p ty PrOvide�,reasons why this amegdmedt should be apprpved her property, P P ,ty a; its: i S oe s' d no t reflect the surounjling q•nvironment' (ie McMilLiSter,'!Prtive)' potential' seen'fpr retail 1 •• sPacq due to Iexte�nsive' ro,wth in.''this, ard�, t III .1 if — .- Provjde ant t ohr rnf a ormalao'q�boutyourpCOppr that wouldbb,helpful _ __ T 1 All p't a itn t will_ Pnc�irr+ onh9ir caret tn_ r _al_low i Trefer'to attached lnht lyla� Srgnat<ure ojAppitcant r _. _ Date ''.GI N — j-- { 11, XS400 Appl'icetjoh Fae Enclascd L /fyor! are n,gr the owner afrhe lan to it estroh please have the'owne'r srgn belofv. The 1. si nnhrre ', I the or -her rs ar r�br!_rng lhis'applicatton t'a procEe , r I r ?Ider V. T e Coronpm.rSYrncr( by .r . Signature o��Owner (if'app�icablg)„ 'Date lit 1 '1 I .I ZONE P14AN I * erect, fencing; between property and 'railway PI I ..I o placershrubs on property Side of "fencing I I P ,. * pave. area surrounding, building + p lace 'Ifence'at rear of building directing pedestrian .traffic from' emergency , ex'it to side , parking lot 11 1. place shrub's along,side'property line remove ;loading ` dock from property entrance corner. N By rezoning, the property in,.question,.we. plan to take'ful;l, advantage of the growth seen -in the area. By 'offering, competitive'tetail space' for rent. by develo.ping,r,bur , property'at this time we. will have secured 'a strong foundatiell of clients before. the McAllister,Dxive. extension is; constructed, Our', immediate area consists',',bf a salvage yard, two rental a 11 billiard hall, an'industrial hardware oomp'any, and door installer. We d'o' not see:oun.,plans'.harming any of their current, day -to -day' operations, as they are :today. ,With regard Ito the concerns of the licensed lounge, in the immediate; area there „are.'three,''a billiard 'hal1 dountry night 'club , combined with a sports bar, and '.a'1lounge „located in 'a motel: u •, r Phase II `area., upon approval gf.the rei'ening, our lessee' ready to undergo renovations ,rto accommodate 'a small' bar 'for 120 , 150” peoplle.' gr Phase r III area; upon approval'of the rezoning;'our lessee is 'ready to undergo Tenovations to 'accommodate'a small' pbb for 40' -'50 people: Af ter 'alh. chani'es have been made, we feed our properrty {ail;l meet all 11 requirements for the'zaning' change• 'I'I 1 1r , , , I , E u7 JJ y ,'J J U 1 tj � z W u ul ii; q�, to ni4 h ii; tj --- -I�I�I I' =P! Z i i ....._____ ,.,ra:iifi�j tiJ - -i L w T 6 3 Z o q QA 1 V N u `� DRAFT BY -LAW NUMBER C.P. 100-* A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Adding the following to the list of zones in Section 30(1): "special zones SZ #4" 2. Adding the following as Section 740(4): (4) Special Zone #4 S( Z #4) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: a club or lounge; all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an 1-2" zone, an "I" zone, or an industrial zone, as the case may be." 3. Amending Schedule "A" the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 533 Rothesay Avenue, having an area of approximately 1.7 hectares (4.2 acres) (being NBGIC Numbers 55108948 and 55108955), from "1 -2" Heavy Industrial to "SZ #4" Special Zone #4, as illustrated below. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of * A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading Second Reading Third Reading Planning Advisory Committee OPEN SESSION July 21, 1999 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Zoning By -law Amendment 533 Rothesay Avenue On June 14, 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 July 20, 1999 meeting. MA City of Saint John Mr. Edward Keyes addressed the Committee on behalf of the applicant and spoke in favour of the proposal, indicating that the subject site is a most ideal location for a lounge due to its isolation from any developed residential area. He advised the Committee that the market has dictated that the applicant look for new uses for his building, including retail and service uses, and that a number of renovations to the building have been undertaken. With respect to the issue of the railway and private crossing, Mr. Keyes indicated that there are only two scheduled trains a day; one at 5 or 6 p.m., and the other at 4 a.m. He indicated that, while other (non - scheduled) trains also use the track, there would be little or no train traffic when the proposed bar is open. Mr. Keyes indicated that the crossing is signalized, and that trains travel at only 5 miles per hour on this section of the line. He also advised that the applicant agrees to all of the requirements of CN as detailed on page 4 of the staff report (i.e. upgrading of crossing, maintenance, liability insurance and erection of fencing.) He also indicated that the applicant is prepared to undertake paving, curbing and landscaping, as well as connection of the building to the City sewer system. With regard to CN's letter requesting that the application be tabled, Mr. Keyes pointed out that CN will have the final say in any event because the railway controls the use of the private crossing and can withdraw its approval if it is not satisfied. Mr. Keyes indicated that he did not anticipate any problems satisfying CN and urged the Committee to recommend approval of the application. No other persons attended the meeting. However the Committee received one letter from a neighbouring property owner expressing concerns, and two letters from CN; one from the Assistant District Engineer in the Moncton office expressing concerns and outlining CN's requirements, and one from the Land Planning Advisory Committee July 225 1999 UM Manager in the Montreal office requesting that consideration of the application be postponed. Copies of these letters are attached. After considering the report, letters and presentation, the Committee decided to recommend that the proposed amendment be approved subject to a number of conditions. However, the Committee also recommends that third reading not be given to the amendments until Common Council receives confirmation from CN Rail regarding the low volume of rail traffic and the low speed the trains travel in the subject area, as indicated in Mr. Keyes's presentation. A. That Common Council amend the City of Saint John Zoning By -law by: Adding the following to the list of zones in Section 30(1): "special zones SZ #4" Adding the following as Section 740(4): "(4) Special Zone #4 SZ #4 (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: a club or lounge; all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an "I -2" zone, and "I" zone, or an industrial zone, as the case may be." Planning Advisory Committee July 22, 1999 am Rezoning a parcel of land located at 533 Rothesay Avenue, having an area of approximately 1.7 hectares (4.2 acres), also identified as being NBGIC # 55108948 and 55108955, from "I -2" Heavy Industrial to "SZ #4" Special Zone #4, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions: a) the proponent must upgrade the railway crossing to a public standard, including asphalt and rubber rail seal, in accordance with CN requirements; b) the proponent must upgrade the existing 30 -foot right -of -way from Rothesay Avenue to the subject site with asphalt paving, concrete curbs, sidewalk, and installation of a stop sign at Rothesay Avenue, all completed to City standards; C) the proponent must install and maintain a fence along the entire length of the subject site where it abuts the railway line, in accordance with CN requirements; d) the proponent must develop and maintain the site with landscaping, paved parking area and driveway, and concrete curbs where necessary to protect landscaped areas and facilitate proper drainage, all in accordance with a site plan to be prepared by the proponent and subject to the approval of the Development Officer; e) the proponent must connect the existing building to the City sewer on Rothesay Avenue in a manner acceptable to the Chief City Engineer. B. That third reading not be given to the amendment until Common Council receives confirmation from CN Rail regarding the low volume of rail traffic and low speed the trains travel in the subject area. Respectfully submitted, Brian C ingham Chairman RGP /r Attachments Community P.O. Box 1971 506 658 -2835 Planning Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 Es DATE: JULY 163 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING City of Saint John FOR: MEETING OF JULY 20, 1999 111,: Randall G7PoIloc'k, • ,T = SUBJECT: Name of Applicant: D.R.'s General Construction & Management Name of Owner: D.R.'s General Construction & Management Location: 533 Rothesay Avenue NBGIC: 55108948 and 55108955 Municipal Plan: Heavy Industrial Existing Zoning: "I -2" Heavy Industrial Proposed Zoning: "SZ #4" Special Zone #4 Proposal: To convert an existing warehouse to a commercial building containing licensed lounges, offices and retail stores. Type of Application: 1. Zoning By -law Amendment 2. Conditional Use (lounge and retail store) D>R.'s General Construction and Management Page 2 533 Rothesay Avenue July 16, 1999 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 26, 1999. The provisions of the proposed "SZ #4" Special Zone #4 zone authorize the Committee to impose terms and conditions upon the establishment and operation of a lounge and a retail store. STAFF RECOMMENDATION TO COMMITTEE: That the proposed amendment to the Zoning By -law be denied. INPUT FROM OTHER SOURCES: Engineering advises that this building is not currently served with City sewer. It must be connected if the use is changed from a warehouse to a lounge. A pump may be required, depending on the grade. The applicant will also have to obtain permission from CN to cross the railway line with the sewer. City water is available in an existing 150 -mm line. The Water and Sewerage Department is making arrangements to conduct a flow test to ensure that adequate fire flows can be obtained. Storm drainage can be directed directly to Marsh Creek. Access to the site will be no worse than access to any other property on Rothesay Avenue. At busy periods, left turns out of the driveway will be difficult. The rail crossing will require additional attention by drivers, but it is signalized. Building and Technical Services advises that the site is located in the Flood Risk Area and, therefore, the proponent must provide compensatory flood storage if fill is added, including asphalt paving. With respect to Building Code issues, a review of the building renovation plans indicates that there do not appear to be adequate washroom facilities proposed for the conversion to the commercial uses. There are a number of Code requirements, which would be addressed at the building permit stage, including barrier free washrooms, sprinklering, fire separations and fire alarm. D.R.'s General Construction and Management Page 3 533 Rothesay Avenue July 16, 1999 Saint John Energy advises that it has adequate facilities in the area, as the existing warehouse presently has utility service. If the existing service requires an upgrade or change, the cost will be dealt with at a later date with the developer. NBTel has submitted no comments. Fire Department has no comment to make regarding the approval of this application. In regard to the facility being situated on the other side of a rail track, there does not appear to be any problem with having trains broken or moved in situations that require emergency vehicles to gain access to the opposite side of the track. Saint John Police Force has no objection. N.B. Department of Health and Community Services (Public Health Services Branch) has submitted no comments. N.B. Department of Finance (Liquor Licensing Branch) has submitted no comments. CN Atlantic Region advises that it has concerns related to the location of the subject site adjacent to the tracks, as well as access to the site across a private crossing. CN is reluctant to permit non - public crossings to be used for other than their intended purpose. A private crossing is a privilege, granted by the Railway, in order to permit a land owner access to his lands. These crossings are normally intended to be used by a limited number of vehicles and the "licensee" is responsible for all costs of construction and future maintenance of the crossing and must also accept all liability in the even of an accident. Also, the Railway may, at any time, for any reason, forthwith terminate the license by giving notice in writing to the "licensee" and as such, does not provide an irrevocable right of access over the railway line. While CN is committed to making every railway crossing as safe as possible, due to the limited usage intended for private crossings, they are generally constructed to a lesser standard than are public crossings. While in most cases these types of crossings could be upgraded to a public crossing standard, it has been CN's experience that those parties responsible for private crossings do not always carry out their responsibilities in accordance with legal requirements and in a manner which would ensure a high standard of safety is maintained at the crossing. D:R.'s General Construction and Management Page 4 533 Rothesay Avenue July 16, 1999 Because the crossing is signalized, CN is prepared to consider allowing the applicant to use this crossing as access to the proposed new development. However, it would be preferable that this crossing be redesignated as public. A public crossing is one which is established by agreement between the Railway and the Road Authority upon application by a road authority where such crossing is deemed to be in the best interest of the public. The key element in establishing a public crossing is that the road on either side of the track be public. Once established, a public crossing cannot be closed without the concurrence of the road authority. Furthermore, unlike a private crossing, the road authority does not automatically assume all liability in the event of an accident and therefore could not be held accountable unless found negligent under common law. Should the City of Saint John approve this rezoning application and the status of the crossing remain as private, the following terms must be agreed to by the applicant: • The crossing surface must be upgraded to a public crossing standard, including asphalt and rubber rail seal, at the expense of the applicant. • Of the two Licensees presently under agreement, the applicant must accept the greater portion of future maintenance cost of the improved crossing surface due to the substantial increase in traffic this proposed development will create. • The applicant must maintain liability insurance of at least $5,000,000 per occurrence naming CN as co- insured under the cross liability section of the policy. • The applicant must erect and maintain appropriate fencing the entire length of their property which borders along the rail line. ANALYSIS: Site and Neighbourhood The subject site is located in East Saint John near the intersection of Rothesay Avenue and McAllister Drive, as illustrated on the attached map. The site consists of two lots containing a total land area of approximately 4 acres. It is located between the CNR tracks and Marsh Creek, behind the former MacKnight Motors auto salvage yard, Rothesay Avenue Billiards, and A to Z Rentals. The access to the property is via a 30- foot -wide common right -of -way off Rothesay D.R.'s General Construction and Management Page 5 533 Rothesay Avenue July 16, 1999 Avenue. The right -of -way also provides access to the Atlantic Metal Recycling scrap yard. The site contains an existing warehouse building, most of which appears to be vacant at present. However, one end of the building is occupied by Murphy the Mover. Some exterior and interior renovations have recently been undertaken to the building. There is also a small "modular" building occupied by East Coast Rental Equipment Ltd. on the subject site. Two tractor - trailer trailers are located beside the modular building for storage of materials. Proposal The applicant proposes to convert the large warehouse building to commercial uses. The proposed uses include up to 5,700 square feet of retail stores and offices, and one or two proposed licensed lounges, seating up to 200 people. Murphy the Mover will remain at the far end of the building. A site plan of the proposed development is attached, as well as other plans and written material containing details of the applicant's proposal. The applicant's site plan indicates a total of 27 paved parking spaces. This is not adequate based on the proposed uses. The two proposed lounges, with a total of 160 to 200 people, require a minimum of 27 to 33 spaces, and the requirement for the retail, office and warehouse space would be in addition to that. A larger paved parking area would be required if the application were approved. Zoning By -law and Licensed Lounges The subject site is currently zoned "I -2" Heavy Industrial. Retail stores, offices and lounges are conditional uses in this zone. However, a property containing a lounge must be separated from churches, schools and residential zones by a minimum radius of 300 feet. The property must also be separated from other lounges by a minimum radius of 600 feet. The subject site cannot meet the minimum separation requirement from the largely undeveloped residential zone to the north, nor from the Three Mile Steakhouse and Pub (another licensed lounge) on Golden Grove Road'. Therefore, the proposal is not permitted under the existing zoning. The separation requirement is a "condition of use ", which cannot be varied by the Planning Advisory Committee. The applicant has requested that the site be rezoned to a special zone, to be called "SZ #4" Special Zone 44. A special zone is required because there is no existing ' Rothesay Billiards, located across the tracks from the subject site, is licensed as a Special Facility, which is exempt from the separation requirements. D.R.'s General Construction and Management Page 6 533 Rothesay Avenue July 16, 1999 zone that would accommodate the proposal at this location. The text of the proposed special zone is attached as Appendix A at the end of this report. Essentially, it is exactly the same as the present "I -2" zoning in terms of permitted uses, conditional uses and zone provisions. However, it does not include the separation requirements for clubs and lounges. Proposed Amendment The Zoning By -law's separation requirements are designed to reduce the negative effects of licensed drinking establishments on nearby residential neighbourhoods and on places where children and youth would be present in large numbers, as well as to prevent an undue concentration of drinking places in one area. Parking, traffic, safety and noise associated with the developments are the main factors that cause a concern. In this case, there is a large residentially zoned area to the north of the property and a large lounge operation to the east. However, the nearby residential zone and lounge are not the main concerns with this proposal. The residentially zoned area is undeveloped except for two dwellings at 20 and 30 Walsh's Road. This area, while currently designated in the Municipal Plan as Low Density Residential, is not likely to be developed for residential purposes for many years, if ever. It is anticipated that in the long term, after the connection of McAllister Drive to the Throughway is completed, this area would become more attractive for commercial or business park development than for residential. With respect to the proximity of another licensed lounge, the separation requirement is more crucial in traditional commercial areas such as Main Street North or Main Street West, where a concentration of drinking places was and still is perceived by many as having a negative influence on the image and viability of the commercial area as a whole. In major industrial or highway commercial corridors that are separated from residential areas, churches and schools, there would not seem to be as much of a need to also require a separation between establishments. Rothesay Avenue, for example, is an area of major commercial and industrial concentration where the impact of a number of drinking places in proximity to each other is not a major concern. Access to the Site and Proximity to CN Main Line While the location of the proposed lounge in proximity to a residential zone and another lounge is not a major concern (given the observations noted above), the site's location adjacent to the CN main line and the nature of the access from Rothesay Avenue are issues that must be considered carefully. The present D.R.'s General Construction and Management Page 7 533 Rothesay Avenue July 16, 1999 access to the site is a poorly defined and poorly constructed common right -of -way and private crossing which, while equipped with signal lights and appropriate for a low- traffic industrial use, is below a standard suitable for higher traffic commercial uses. Both the retail stores and lounges and, to some extent, the office uses will result in increased usage of this access. Because of the particular nature of such operations, the proposed lounges cause the most concern in this regard. As noted in its input, CN shares Community Planning's concerns. It should be noted that the concerns with respect to access would need to be resolved even if the site did not require rezoning, because both a retail store and a lounge are conditional uses under the existing "I -2" Heavy Industrial zoning of the site. The Planning Advisory Committee has the authority to prohibit a conditional use if it is not likely that the imposed conditions can be met. If this application were approved, significant upgrading would be required to both the railway crossing and the right -of -way, at the applicant's expense. The minimum requirements would include: • upgrading of the railway crossing to a public standard, in accordance with CN requirements; • upgrading of the 30 -foot right -of way with asphalt paving, concrete curbs, sidewalk, and installation of a stop sign at Rothesay Avenue, all completed to City standards; • installation and maintenance of a fence along the entire length of the subject site where it abuts the railway line (to prevent [as much as possible] any unauthorized crossing or loitering on the tracks); • site improvements including landscaping, paved parking area and driveway, and concrete curbs where necessary to protect landscaped areas and facilitate proper drainage, all in accordance with a site plan subject to Development Officer approval. These are all normal requirements new commercial development in the fully serviced urban area of the City. In addition to the above minimum access and site improvements, the development must be connected to the City sewer on Rothesay Avenue if the proposal is approved. Permission from CN will be required in order to bore under the tracks. CN also has its own particular requirements with respect to insurance and responsibility for ongoing maintenance of the private crossing. While the above measures would improve the situation, staff remain concerned about the feasibility of the proposal and the ability of the applicant to carry it out, given the significant costs that would be involved. In addition, even with the improvements, a concern remains with respect to a licensed lounge for up to 200 D.R.'s General Construction and Management Page 8 533 Rothesay Avenue July 16, 1999 people, directly adjacent to a busy railway line with the only access being a private crossing across the tracks. For this reason, Community Planning cannot support the proposal. Conditional Use In both the existing and proposed zones, a lounge and a retail store are subject to such terms and conditions as may be deemed necessary by the Planning Advisory Committee. However, if the requested rezoning is denied (as recommended by staff), the establishment of a lounge at the subject site will not be possible and, therefore, there will be no need for the Committee to impose conditions. In the event that the rezoning is denied and the applicant revises the proposal to include only retail and office use, a subsequent application to Planning Advisory Committee for consideration of terms and conditions can be submitted. The concerns about the access to the property would still need to be resolved. If the Committee decides to recommend that the rezoning to "SZ 44" be approved, it would be more desirable to impose any conditions in the form of a Section 39 resolution, as they would then be filed in the Registry Office with the amendment, and registered on title so as to be applicable to any future owners. CONCLUSION: The subject site is located in area that is appropriate for retail, office and lounge development, but the nature of the access to the site is not appropriate. While improvements can be made to improve safety and access, at considerable expense, Community Planning remains concerned about the development of a lounge for up to 200 people in this specific location. Given the above observations, it is recommended that the application be denied. RGP /r RS- 2' Cyeek Ntays� 531 COMMUNITY PLANNING Ii t� RPAROX. BLDk. vu ✓ / - 6a sal a;vr R�hhl��/ 550 / ` J Gro55�ra9 Z V'/ n ! 0 I JJ 50; -1 J I� x� 600 I- I�� I- 1 1 '- B, R " -1B/ /J17 .�—�— U x5 ?' NBGIC Number (s): Subject Site: 55108948 55108955 Address: 533 Rothesay Avenue 6�3 Map Number: 07P -01NW �I I 599 ' 597 Id Z 593 591 \ 5e) Ii t� RPAROX. BLDk. vu ✓ / - 6a sal a;vr R�hhl��/ 550 / ` J Gro55�ra9 Z V'/ n ! 0 I JJ 50; -1 J I� x� 600 I- I�� I- 1 1 '- B, R " -1B/ /J17 .�—�— U x5 ?' I NBGIC Number (s): Subject Site: 55108948 55108955 Address: 533 Rothesay Avenue Map Number: 07P -01NW Date: June 14, 1999 Scale: 1:4000 I 9 a : -y g. �g� 3 E 3 ,,pitt (;yJ( � �, V V 1 � � N �� a�� 4 i Q z r �� o� a� � °, {� `, F1 z b ) iJ ul 4 J v € Z ,1 z iJ 1 F a W 4� U • CI 1, I I Ld I All � I E 7L Id L Uz} s iL t:. ik I ' 1 - -- - 1 a r - ri- ;c pp i col I I Ir fC� E��F_ rrZ - -_.._ j I LLL i -- - -:� �F�IFRSC -' -s_� - - i _... I Lk - kk b' _ ;c ' r ' ..• : _ ' .. • ' • a .. _ , , . kt ZONE PL- AN Pt k ' erect fencing between property and 'railway place „shrubs.on ptope.rty side''of "fencing I pave area surrounding,buil ding. l place fence at rear of building directing pedestrian traffic from emergency exit'to side`parkfng lot 3, place shrubs along side property line . xemove.loadina dock from property entrance corner .6y rezoning. the property in, question, we plan .to'take full ,advantage of the growth seen in the area. By offering competitive ietail'space for -tent. By developing .,our,propexty'at this time we will have sevured'a strong foundatici, of clients before. the McAllister Drive: extension is. "constructed. Our immediate area consists'of a'salvage yard k two k. ,r'etita1 companies, .a' billiard. hall, an industrial.hardware•company, and. a door. installer... We ao' not see :our.,plans..harming any of their current} day:to' day' operations., as they ik are .today. 'Jith regaid to the concerns of.the..:ticensed lounge,'in.the immediate area there,are'thiee;-a billiard hall; �owltry night club combined 'with a• sports . bar, and 'a'. lounge , located in a motel.. Phase I'' are a;.upon approval of the rezoning,' our ,lessee'is ready to undz,rgo renovations •to accommodate •a small 'bar'for 120 150 "people. 10 P Phase III area; upon approval of the rezoning; our lessee. is. ready to undergo I enovations to accommodate a small pub for 40' -'50 people. After '•en. changes •have been made, .we ,feel our property will meet a11.. requirements,for,the zoning change... Appendix A PROPOSED AMENDMENT REQUESTED BY APPLICANT 533 Rothesay Avenue Adding the following to the list of zones in Section 30(1): "special zones SZ#4" 2. Adding the following as Section 740(4): (4) Special Zone #4 SZ#4 (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: a club or lounge; all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an "1 -2" zone, an "I" zone, or an industrial zone, as the case may be." 3. Rezoning a parcel of land located at 533 Rothesay Avenue, having an area of approximately 1.7 hectares (4.2 acres), also identified as being NBGIC # 55108948 and 55108955, from "1 -2" Heavy Industrial to "SZ #4" Special Zone #4. Budgef Rent a Car Maritimes July 13, 1999 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E21, 4L Dear Sir/Madam: JUL 16 199y RE: Proposed Rezoning 533 Rothesay Avenue As the owners and occupants of the property situated at civic number 527 Rothesay Avenue, we would like to comment on the proposed rezoning which would permit the operation of a licensed lounge in the immediate area. Although we are not fundamentally opposed to the proposal we do have concerns around parking and possible damages. As the establishment will accommodate 160 to 200 people it is likely that neighboring properties may be used by patrons for parking after normal business hours unless the proposal addresses adequate parking arrangements. In addition, as we are in the business of automobile rentals, we may face an increased exposure to damages of our property, namely automobiles due to the parking issue, increased traffic in the immediate area and possibly vandalism which may arise due to the nature of the establishment. Thank you for your time and consideration of our comments. /Sincerely, f Patricia Beck Parkway Rentals Limited Budget Rent A Car Head Office: 3170 Kempf Road Halifax, Nova Scotia B3K 4X1 Tel: (902) 492 -7505 Fax: (902) 492 -7534 S, Halifax Sydney Charlottetown Moncton Saint John Fredericton 7 July, 1999 Mr. Randy Pollock Community Planning City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Pollock; S Atlantic Region Region de I'Atlantique Canadian National Canadien National 1234 Main Street 1234, rue Main Moncton, New Brunswick Moncton (Nouveau - Brunswick) E1C 11-17 E1C 1H7 Reference N /ref. . . Our file:4705 -SSX -83.92 Rs~OMIED . a JUL 19 1999 Re: Proposed zoning by -law amendment 533 Rothesay Ave., mile 83.92 Sussex Subdivision, Saint John, N.B. Reference your memorandum dated 28" June 1999 regarding application for amendment to the zoning by -law at the above noted location. Please be advised that CN shares your concerns as these relate to the location of the site in respect to the tracks as well as access to this property across a private crossing. A private crossing is a privilege, granted by the Railway, in order to permit a land owner access to his lands. These crossings are normally intended to be used by a limited number of vehicles and the 'licensee" is responsible for all costs of construction and future maintenance of the crossing and must also accept all liability in the event of an accident. Also, the Railway may, at any time, for any reason, forthwith terminate the license by giving notice in writing to the "licensee" and as such, does not provide an irrevocable right of access over the railway line. While CN is committed to making every railway crossing as safe as possible, due to the limited usage intended for private crossings, they are generally constructed to a lesser standard than are public crossings. While in most cases these types of crossings could be upgraded to a public crossing standard, it has been our experience that those parties responsible for private crossings do not always carry out their responsibilities in accordance with legal requirements and in a manner which would ensure a high standard of safety is maintained at the crossing. -2 Because the crossing is signalized, CN is prepared to consider allowing the applicant to use this crossing as access to the proposed new development. However, it would be preferable that this crossing be re- designated as public. A public crossing is one which is established by agreement between the Railway and the Road Authority upon application by a road authority where such a crossing is deemed to be in the best interest of the public. The key element in establishing a public crossing is that the road on either side of the track be public. Once established, a public crossing cannot be close without the concurrence of the road authority. Furthermore, unlike a private crossing, the road authority does not automatically assume all liability in the event of an accident and therefore could not be held accountable unless found negligent under common law. Should the City of Saint John approve this rezoning application and the status of the crossing remain as private, the following terms must be agreed to by the applicant; The crossing surface must be upgraded to a public crossing standard, including asphalt and rubber rail seal, at the expense of the applicant. Of the two Licensees presently under agreement, the applicant must accept the greater portion of future maintenance cost of the improved crossing surface due to the substantial increase in traffic this proposed development will create. The applicant must maintain liability insurance of at least $5,000,000 per occurrence naming CN as co- insured under the cross liability section of the policy. The applicant must erect and maintain appropriate fencing the entire length of their property which borders along the rail line. We trust you can appreciate CN's reluctance in permitting non - public crossings being used for other than their intended purpose and appreciate your bringing this matter to our attention. Should you have any further questions please do not hesitate to contact the undersigned at 853 -2429. Yours truly, Alan Turner `` Asst. District Engineer JUL.20. 1999 10:49AM CNRP INC Canadian Propertes 1060, me unkesiv National ferroviaires du Bureau 10.167 Railway Canadien Montr6al MOO Properties Inc National Inc. Canada H363A2 WI July 20,1999 Y /F: Planning Advisory Committee City of St John, NB P.O.Box1971 Saint John, NB E2L 40 Attention : Mr Randall G.Pollock, MCIP Planner RE: Proposed Rezoning 533 Rothesay Avenue Dear Mr. Pollock, N0, 9725 P. 2/2 1860 UniverSity cubes Stine t0.t67 � Montreal, Quebec Canada H3B3A2 This is in reference to your letter dated July 5 1999 and to our telephone conversation of today concerning the above mentionned subject. We would like to advise the Planning advisory Committee that CN has some concerns about the rezoning of this property due to the fact that this property is accessable by a private railway crossing and could be of some concern regarding safety. It would be appreciated to postpone this application till CN gets more information about the access to this site and to the kind of fence that wil be installed along our property line. If you have any questions, feel free to call me at (514)399 -8539 Yours Wrd Matte, FRI Manager OR (514) 399 -8539 KA JUL 20 1999 Vnt bpale to ptopnet6 tyclmive It la Company a dH enemna de fef npatMUa Ju Cmudel A wholly owned mbndiiry of Camdlan auaorel Wway Company LYNDA L. LOCKHART July 21, 1999 Mayor Shirley McAlary & Members of Common Council Dear Your Worship & Members of Common Council: Re: Public Hearing to Rezone 533 Rothesay Avenue to permit a licensed lounge At the meeting of Tuesday, July 20`h, 1999, the Planning Advisory Committee recommended approval of an application to rezone the above mentioned property for the purposes of converting an existing warehouse to a commercial building containing licensed lounges, offices and retail stores, despite staff recommendation to deny the rezoning application. Staff expressed concern that the nature of the access to the site (a railway crossing ) was not appropriate. Even with the improvements to the railway crossing, Community Planning expressed "concerns with respect to a licensed lounge /tavern for up to 200 people, directly adjacent to a busy railway line with the only access being a private crossing across the tracks. For this reason, Community Planning cannot support the proposal ". Nonetheless, Planning Advisory Committee approved the application. The Planning Advisory Committee heard arguments from the applicant that there were only two train crossings per day. One at approximately 5:00 - 6:00 p.m. and another at approximately 4:00 a.m. The applicant did not feel these times would be dangerous to the operation. I beg to differ. No time is a good time at any railway crossing and extreme caution should be used at all times. The 4:00 p.m. - 5:00 p.m. run could pose a threat for workers and patrons coming to and from work in the retail /office complex and/or visiting the lounge /tavern for entertainment purposes. In addition, I have learned from CN that there are unscheduled runs from freight trains picking up and/or delivering goods and that these occur sporadically. To add to the confusion this complex would see delivery trucks carrying supplies for the retail /office complex, the lounge and the tavern. The 4:00 a.m. scheduled train run is the one that causes me a real concern. While it is true that a lounge /tavern is required to stop serving alcohol at 2:00 a.m., it is usually 3:00 a.m. or later before the last patron has left. In addition, staff are usually still inside the premises balancing their cash floats, cleaning staff are still working, bands are tearing down their equipment, etc. It is at 4:00 a.m. that staff and friends are leaving to go home. This staff, are your sons and daughters working at night to put themselves I MARLIN COURT • SAINT JOHN, NB • E2K 4H3 -2- July 21, 1999 through university. These sons and daughters are usually exhausted from a busy night, might have had a drink or two and in a hurry to get home and may not use extreme caution. PERHAPS SOME MAY NOT MAKE IT HOME. We constantly hear about deaths associated with railway crossings, even when there is no alcohol involved. Add alcohol and you are adding fuel to the fire. I have no one to blame but myself for not voicing my concerns at the Planning Advisory Committee meeting. I honestly did not feel it was necessary to attend as I presumed that Planning Advisory Committee members would deem the site inappropriate for the purposes of operating a licensed establishment. Unfortunately, I assumed wrong. I strongly urge Common Council to deny the request by DR's General Construction & Management to rezone 533 Rothesay Avenue so as to permit the operation of a lounge /tavern. Sincerely, -4, "'� 4� Lynda Lockhart M . JUL 2P, 1999 OF Community P.O. Box 1971 506 658 -2835 Planning Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 R EI' DATE: JULY 16, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: COMMUNITY PLANNING City of Saint John MEETING OF JULY 209 1999 _1AMP 11 Randall ,_ Pollock, . Planner D.R.'s General Construction & Management D.R.'s General Construction & Management Location: 533 Rothesay Avenue NBGIC: 55108948 and 55108955 Municipal Plan: Heavy Industrial Existing Zoning: "I -2" Heavy Industrial Proposed Zoning: "SZ #4" Special Zone #4 Proposal: To convert an existing warehouse to a commercial building containing licensed lounges, offices and retail stores. Type of Application: 1. Zoning By -law Amendment 2. Conditional Use (lounge and retail store) D.R.'s General Construction and Management Page 2 533 Rotlesay Avenue July 16, 1999 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 26, 1999. The provisions of the proposed "SZ #4" Special Zone #4 zone authorize the Committee to impose terms and conditions upon the establishment and operation of a lounge and a retail store. STAFF RECOMMENDATION TO COMMITTEE: That the proposed amendment to the Zoning By -law be denied. INPUT FROM OTHER SOURCES: Engineering advises that this building is not currently served with City sewer. It must be connected if the use is changed from a warehouse to a lounge. A pump may be required, depending on the grade. The applicant will also have to obtain permission from CN to cross the railway line with the sewer. City water is available in an existing 150 -mm line. The Water and Sewerage Department is making arrangements to conduct a flow test to ensure that adequate fire flows can be obtained. Storm drainage can be directed directly to Marsh Creek. Access to the site will be no worse than access to any other property on Rothesay Avenue. At busy periods, left turns out of the driveway will be difficult. The rail crossing will require additional attention by drivers, but it is signalized. Building and Technical Services advises that the site is located in the Flood Risk Area and, therefore, the proponent must provide compensatory flood storage if fill is added, including asphalt paving. With respect to Building Code issues, a review of the building renovation plans indicates that there do not appear to be adequate washroom facilities proposed for the conversion to the commercial uses. There are a number of Code requirements, which would be addressed at the building permit stage, including barrier free washrooms, sprinklering, fire separations and fire alarm. D; R.'s General Construction and Management Page 3 533 Rothesay Avenue July 16, 1999 Saint John Energy advises that it has adequate facilities in the area, as the existing warehouse presently has utility service. If the existing service requires an upgrade or change, the cost will be dealt with at a later date with the developer. NBTeI has submitted no comments. Fire Department has no comment to make regarding the approval of this application. In regard to the facility being situated on the other side of a rail track, there does not appear to be any problem with having trains broken or moved in situations that require emergency vehicles to gain access to the opposite side of the track. Saint John Police Force has no objection N.B. Department of Health and Community Services (Public Health Services Branch) has submitted no comments. N.B. Department of Finance (Liquor Licensing Branch) has submitted no comments. CN Atlantic Region advises that it has concerns related to the location of the subject site adjacent to the tracks, as well as access to the site across a private crossing. CN is reluctant to permit non - public crossings to be used for other than their intended purpose. A private crossing is a privilege, granted by the Railway, in order to permit a land owner access to his lands. These crossings are normally intended to be used by a limited number of vehicles and the "licensee" is responsible for all costs of construction and future maintenance of the crossing and must also accept all liability in the even of an accident. Also, the Railway may, at any time, for any reason, forthwith terminate the license by giving notice in writing to the "licensee" and as such, does not provide an irrevocable right of access over the railway line. While CN is committed to making every railway crossing as safe as possible, due to the limited usage intended for private crossings, they are generally constructed to a lesser standard than are public crossings. While in most cases these types of crossings could be upgraded to a public crossing standard, it has been CN's experience that those parties responsible for private crossings do not always carry out their responsibilities in accordance with legal requirements and in a manner which would ensure a high standard of safety is maintained at the crossing. P.R.'s General Construction and Management Page 4 533 Rothesay Avenue July 16, 1999 Because the crossing is signalized, CN is prepared to consider allowing the applicant to use this crossing as access to the proposed new development. However, it would be preferable that this crossing be redesignated as public. A public crossing is one which is established by agreement between the Railway and the Road Authority upon application by a road authority where such crossing is deemed to be in the best interest of the public. The key element in establishing a public crossing is that the road on either side of the track be public. Once established, a public crossing cannot be closed without the concurrence of the road authority. Furthermore, unlike a private crossing, the road authority does not automatically assume all liability in the event of an accident and therefore could not be held accountable unless found negligent under common law. Should the City of Saint John approve this rezoning application and the status of the crossing remain as private, the following terms must be agreed to by the applicant: • The crossing surface must be upgraded to a public crossing standard, including asphalt and rubber rail seal, at the expense of the applicant. • Of the two Licensees presently under agreement, the applicant must accept the greater portion of future maintenance cost of the improved crossing surface due to the substantial increase in traffic this proposed development will create. • The applicant must maintain liability insurance of at least $5,000,000 per occurrence naming CN as co- insured under the cross liability section of the policy. • The applicant must erect and maintain appropriate fencing the entire length of their property which borders along the rail line. ANALYSIS: Site and Neiehbourhood The subject site is located in East Saint John near the intersection of Rothesay Avenue and McAllister Drive, as illustrated on the attached map. The site consists of two lots containing a total land area of approximately 4 acres. It is located between the CNR tracks and Marsh Creek, behind the former MacKnight Motors auto salvage yard, Rothesay Avenue Billiards, and A to Z Rentals. The access to the property is via a 30- foot -wide common right -of -way off Rothesay D.R.'s General Construction and Management Page 5 533 Rothesay Avenue July 16, 1999 Avenue. The right -of -way also provides access to the Atlantic Metal Recycling scrap yard. The site contains an existing warehouse building, most of which appears to be vacant at present. However, one end of the building is occupied by Murphy the Mover. Some exterior and interior renovations have recently been undertaken to the building. There is also a small "modular" building occupied by East Coast Rental Equipment Ltd. on the subject site. Two tractor - trailer trailers are located beside the modular building for storage of materials. Proposal The applicant proposes to convert the large warehouse building to commercial uses. The proposed uses include up to 5,700 square feet of retail stores and offices, and one or two proposed licensed lounges, seating up to 200 people. Murphy the Mover will remain at the far end of the building. A site plan of the proposed development is attached, as well as other plans and written material containing details of the applicant's proposal. The applicant's site plan indicates a total of 27 paved parking spaces. This is not adequate based on the proposed uses. The two proposed lounges, with a total of 160 to 200 people, require a minimum of 27 to 33 spaces, and the requirement for the retail, office and warehouse space would be in addition to that. A larger paved parking area would be required if the application were approved. Zoning By -law and Licensed Lounges The subject site is currently zoned "I-2" Heavy Industrial. Retail stores, offices and lounges are conditional uses in this zone. However, a property containing a lounge must be separated from churches, schools and residential zones by a minimum radius of 300 feet. The property must also be separated from other lounges by a minimum radius of 600 feet. The subject site cannot meet the minimum separation requirement from the largely undeveloped residential zone to the north, nor from the Three Mile Steakhouse and Pub (another licensed lounge) on Golden Grove Road'. Therefore, the proposal is not permitted under the existing zoning. The separation requirement is a "condition of use ", which cannot be varied by the Planning Advisory Committee. The applicant has requested that the site be rezoned to a special zone, to be called "SZ #4" Special Zone 94. A special zone is required because there is no existing ' Rothesay Billiards, located across the tracks from the subject site, is licensed as a Special Facility, which is exempt from the separation requirements. LI.R.'s CTeneral Construction and Management Page 6 533 Rothesay Avenue July 16, 1999 zone that would accommodate the proposal at this location. The text of the proposed special zone is attached as Appendix A at the end of this report. Essentially, it is exactly the same as the present "I -2" zoning in terms of permitted uses, conditional uses and zone provisions. However, it does not include the separation requirements for clubs and lounges. Proposed Amendment The Zoning By -law's separation requirements are designed to reduce the negative effects of licensed drinking establishments on nearby residential neighbourhoods and on places where children and youth would be present in large numbers, as well as to prevent an undue concentration of drinking places in one area. Parking, traffic, safety and noise associated with the developments are the main factors that cause a concern. In this case, there is a large residentially zoned area to the north of the property and a large lounge operation to the east. However, the nearby residential zone and lounge are not the main concerns with this proposal. The residentially zoned area is undeveloped except for two dwellings at 20 and 30 Walsh's Road, This area, while currently designated in the Municipal Plan as Low Density Residential, is not likely to be developed for residential purposes for many years, if ever. It is anticipated that in the long term, after the connection of McAllister Drive to the Throughway is completed, this area would become more attractive for commercial or business park development than for residential. With respect to the proximity of another licensed lounge, the separation requirement is more crucial in traditional commercial areas such as Main Street North or Main Street West, where a concentration of drinking places was and still is perceived by many as having a negative influence on the image and viability of the commercial area as a whole. In major industrial or highway commercial corridors that are separated from residential areas, churches and schools, there would not seem to be as much of a need to also require a separation between establishments. Rothesay Avenue, for example, is an area of major commercial and industrial concentration where the impact of a number of drinking places in proximity to each other is not a major concern. Access to the Site and Proximity to CN Main Line While the location of the proposed lounge in proximity to a residential zone and another lounge is not a major concern (given the observations noted above), the site's location adjacent to the CN main line and the nature of the access from Rothesay Avenue are issues that must be considered carefully. The present D.R.'s General Construction and Management Page 7 533 Rothesay Avenue July 16, 1999 access to the site is a poorly defined and poorly constructed common right -of -way and private crossing which, while equipped with signal lights and appropriate for a low - traffic industrial use, is below a standard suitable for higher traffic commercial uses. Both the retail stores and lounges and, to some extent, the office uses will result in increased usage of this access. Because of the particular nature of such operations, the proposed lounges cause the most concern in this regard. As noted in its input, CN shares Community Planning's concerns. It should be noted that the concerns with respect to access would need to be resolved even if the site did not require rezoning, because both a retail store and a lounge are conditional uses under the existing "1 -2" Heavy Industrial zoning of the site. The Planning Advisory Committee has the authority to prohibit a conditional use if it is not likely that the imposed conditions can be met. If this application were approved, significant upgrading would be required to both the railway crossing and the right -of -way, at the applicant's expense. The minimum requirements would include: • upgrading of the railway crossing to a public standard, in accordance with CN requirements; • upgrading of the 30 -foot right -of way with asphalt paving, concrete curbs, sidewalk, and installation of a stop sign at Rothesay Avenue, all completed to City standards; • installation and maintenance of a fence along the entire length of the subject site where it abuts the railway line (to prevent [as much as possible] any unauthorized crossing or loitering on the tracks); • site improvements including landscaping, paved parking area and driveway, and concrete curbs where necessary to protect landscaped areas and facilitate proper drainage, all in accordance with a site plan subject to Development Officer approval. These are all normal requirements new commercial development in the fully serviced urban area of the City. In addition to the above minimum access and site improvements, the development must be connected to the City sewer on Rothesay Avenue if the proposal is approved. Permission from CN will be required in order to bore under the tracks. CN also has its own particular requirements with respect to insurance and responsibility for ongoing maintenance of the private crossing. While the above measures would improve the situation, staff remain concerned about the feasibility of the proposal and the ability of the applicant to carry it out, given the significant costs that would be involved. In addition, even with the improvements, a concern remains with respect to a licensed lounge for up to 200 D.R.'s General Construction and Management Page 8 533 Rothesay Avenue July 16, 1999 people, directly adjacent to a busy railway line with the only access being a private crossing across the tracks. For this reason, Community Planning cannot support the proposal. Conditional Use In both the existing and proposed zones, a lounge and a retail store are subject to such terms and conditions as may be deemed necessary by the Planning Advisory Committee. However, if the requested rezoning is denied (as recommended by staff), the establishment of a lounge at the subject site will not be possible and, therefore, there will be no need for the Committee to impose conditions. In the event that the rezoning is denied and the applicant revises the proposal to include only retail and office use, a subsequent application to Planning Advisory Committee for consideration of terms and conditions can be submitted. The concerns about the access to the property would still need to be resolved. If the Committee decides to recommend that the rezoning to "SZ #4" be approved, it would be more desirable to impose any conditions in the form of a Section 39 resolution, as they would then be filed in the Registry Office with the amendment, and registered on title so as to be applicable to any future owners. CONCLUSION: The subject site is located in area that is appropriate for retail, office and lounge development, but the nature of the access to the site is not appropriate. While improvements can be made to improve safety and access, at considerable expense, Community Planning remains concerned about the development of a lounge for up to 200 people in this specific location. Given the above observations, it is recommended that the application be denied. RGP /r RS - 2' CYe` 531 COMMUNITY PLANNING I- 2 APPOY. 6LD 4. LDCA'riaN \ /l. Soy 56. 0 k 550 \ 0 bPrivafe RaSway �.' ��J Gross.r rJ 52 P • O to P 1� Q- ;I I Subject Site: am Address: 533 Rothesay Avenue Map Number: 07P -01NW Date: June 14, 1999 Scale: 1:4000 I- I IB NBGIC Number (s): 55108948 55108955 l0 sw 39) I< Q 393 Z \I Sv1 sas S'67 Soy 56. 0 k 550 \ 0 bPrivafe RaSway �.' ��J Gross.r rJ 52 P • O to P 1� Q- ;I I Subject Site: am Address: 533 Rothesay Avenue Map Number: 07P -01NW Date: June 14, 1999 Scale: 1:4000 I- I IB NBGIC Number (s): 55108948 55108955 �1 � •. � U I� Q 0 tV a r cc ;, L Q 7 F III �I. sir l S v Y 2 tl� ol el }T — `+ FZ j� I „iaa,l I .I i ;�!ii.ii I .L. I i- I 7 F III 7 �I. sir l 0:.;. ol I — j� I „iaa,l I .I i ;�!ii.ii I .L. I i- I -i lill: �j is �• — — — - -�;I it -h� ;qk - ;il:I jj Ir.. 7 't I I f I I , i I d I I I i n 1 lk -� di Ik4 IT , 1 I I ; ins Pi -.. ' COQ I I I�nr • ZONE qL AN x. exect,fencing: between property'and Tailway e place shrubs: on property side "of "fencing ;t pave area surrounding, building. R' place fence'at rear of building directing pedestrian traffic from emergency exit -to side parking iot +• place shrubs along side property line remove ,loading dock from property'entrance' corner .6y rezoning the property in.question,.we plan to take full ,advantage of the growth seen 'in the area. By offering competitive ietail'space for lent. By developing••our,property'at this time we.wil'l have seciired'a strong foun(.. 1. of clionts before. the McAllister Drive extension is "constructed , " Our immediate 'area consists!'.bf.'a'salvage ya d;:twoIrep`tal,aompanie's,.a ibilliard.hall,'an industrial .hardware company;'•and a door,installer,,.We do. not see :our.,plans..haTmi'ng any of their current; <day: -to day operations., as they . are .today. With regard .to the concerns of.the,.),icensed lounge, immediate area there,are- three;'a billiard�hall''d'ou'Ary night c.lub'combined with a•spcirts bar, and '.a.Ioung&,lo.cate� in a motel. Phase II- area;, upon approval 'of. the rezoning,` our.less'ee ds ready to undergo renovations to accommodate •a small -bar 'for 120 150 "people. phase III area; upon approval of the rezoning; our lessee is:ready to undergo renovations to accommodate a small pub for 40' -'50 people. After'allN'hanges have been made, we, feel our property;will meet all., requiiementsfor, the zoning changg.,. ' Appendix A PROPOSED AMENDMENT REQUESTED BY APPLICANT 533 Rothesay Avenue Adding the following to the list of zones in Section 30(1): "special zones SZ#4" 2. Adding the following as Section 740(4): (4) Special Zone #4 S( Z#4) (a) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (i) the following uses: all uses permitted in Section 630(1)(a); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - a club or lounge; - all other uses permitted in Section 630(1)(b); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. (b) Zone Standards Standards for development in Special Zone #4 shall be as set out in Section 630(3), and Section 810 to 910 where this zone shall be considered an 1 -2" zone, an "I" zone, or an industrial zone, as the case may be." 3. Rezoning a parcel of land located at 533 Rothesay Avenue, having an area of approximately 1.7 hectares (4.2 acres), also identified as being NBGIC # 55108948 and 55108955, from "1 -2" Heavy Industrial to "SZ #4" Special Zone #4. City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick Canada E21, 41,1 CCO JULY 12, 1999 - Laid on the.table pending Councillor Titus' presence OPEN SESSION July 8, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Common Council: a City of Saint John Whereas quality water such as provided by the City (water utility), is essential to the growth of our City and to every citizen, and Whereas a number of locations exist within our City that lack this essential "ie" "Ragged Point ", etc., and Whereas our whole City benefits from any enhancement to water service improvements, and Whereas it would appear under the current formula (user - pay) the City will not be able to make the improvements to areas unable to meet the formula, and Whereas the water utility is not run strictly as a business, "ie" "Appeals Committee ", viz there is a "social" component to our water utility; Therefore, I would like to propose a motion to direct City staff to advise how we as a Council could set up a "special" fund /account within the utility to enhance our services in such areas. Respectfully submitted Christopher T. Titus Councillor CTT /jaf City Hall 15 Market Square CCG JULY 12, 1999 OPEN SESSION July 9, 1999 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Laid on the table pending Councillor Titus' presence. City of Saint John Her Worship Mayor Shirley A. McAlary And Members of Common Council Your Worship and Members of Common Council: I bring this as an urgent matter for the attention of Council. I recently had occasion to walk on Red Head Beach, and was shocked and saddened to see that hundreds and hundreds of old tires of various sizes have been dumped onto that beach. Apparently this was done during 1998 under a government grant. These tires are a serious pollution concern, an eyesore, and a potential fire hazard. They are not confined to this area; the twice - daily tides cause the tires to move, so that they are scattered upon the mud flats and onto neighbouring beaches. It is difficult to describe the damage which has been done. It is important that cleanup of this beach be addressed. be given priority. I would propose we contact the Provincial Government and in the strongest possible way request the matter be addressed. Respectfully submitted, Christo . Titus cillor CTT /jaf I JUL 23 1999 09:42 FR HRDNB SAINT JOHN 1 506 658 3034 TO 6582802 P.01i01 Mayor Shirley McAlary and Members of Saint John Common Council City of Saint John 15 Market Square Saint John NB E2L IE8 Open Session July 22, 1999 Your Worship and Fellow Members of Council: I ask for your support in requesting the legal department to report to council on guidelines for conflict of interest when work is contracted by a city committee to a member of that committee? Furthermore, is there a difference in the application of those guidelines when the contract is not tendered? I also ask your support in requesting the legal department to report to council on the city of Saint John's policy for payments for contracted work and if this policy (if any exists) extends to committees. Yours 44 FROM : WHITE''', PHONE NO. . Jul. 23 1999 10:44RM P2 Councillor Carl A. White 23 Cedarwood Drive Saint John, NB E2K 4T4 OPEN SESSION July 225 1999 Her Worship Mayor MacAlary and Members of Common Council Re: Control of Humidity and Temperature in City Market I would like to discuss the concern raised by Tenants and customers concerning the problem of high temperatures in the City Market on hot summer days. I would like staff to address this concern and report back as to possible remedies. Respectfully submitted, arl A. Wh Councillor REPORT TO COMMON COUNCIL July 23, 1999 M & C -99 -270 Your Worship and Councillors: SUBJECT: Terms of the 1999 Bond Issue BACKGROUND: City of Saint John On July 19, 1999, the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $31,633,000.00. Of this amount, $15,474,000.00 was related to the City of Saint John 1998 Capital Program. The Terms of the issue as they relate to the City of Saint John are as follows: Term: 10 -Year, Serial Form Coupon Rate: Year 1 - Year 2 - 5.200 5.450 Year Year 6 7 - 5.650 - 5.700 Year 3 - Year 4 - Year 5 - 5.500 5.550 5.600 Year Year Year 8 - 5.700 9 - 5.700 10- 5.750 Price: $99.06 Yield to Maturity 5.832% Settlement Date: August 11, 1999 The terms of the issue set out above are well within the limits approved by Common Council on May 31, 1999. It is recommended that the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $15,474,000.00 at the terms listed above. submitted, Andre P. Beckett, C.A. Comr ' sioner of Finance T rence L. Totten, C.A. Cit Manager 10 REPORT TO COMMON COUNCIL M & C 99 -254 July 13, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship & Councillors: SUBJECT: LEASE OF SPACES — SAINT JOHN CITY MARKET El City of Saint John The City leases Stall Nos. 8 — 9 in the City Market to Cafe an Lait. The business has changed ownership. The new owner has submitted an application to lease Stall Nos. 8 — 9 as specified in Bylaw C -115, Section 5. ANALYSIS: STRATEGIC PLAN CONFORMITY/EXISTING CITY POLICY 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. INPUT FROM OTHER SOURCES 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 Nos. 8 — 9 in the City Market to Boy's Own Inc. 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: Freshly roasted coffee, cups of coffee, bulk coffee, tea, soups, sandwiches, desserts, yogurt, Gelato beverages, hot and cold (iced), a few souvenir items, such as mugs with company logo. The offer to lease is for a period of five (5) years, beginning August 1, 1999 and ending July 31, 2004. FINANCIAL IMPLICATIONS The Tenant has agreed to pay rents determined in Schedule "A" of the City Market By- Law. Rent payment will be as follows based on 488.5 sq. ft. of stall space and 134.25 sq. ft. of basement space: Aug. 1, 1999 — July 31, 2000 $9,882.72 Aug. 1, 2000 — July 31, 2001 $9,983.11 Aug. 1, 2001— Feb. 28, 2002 $53857.64 March 1, 2002 — July 31, 2004 as per By -Law The tenant also agrees to pay into the City Market promotion Fund the following amounts: Aug. 1, 1999 — July 31, 2000 $592.96 Aug. 1, 2000 — July 31, 2001 $598.99 Aug. 1, 2001 — Feb. 28, 2002 $351.46 March 1, 2002 —July 31, 2004 as per By -Law It is recommended that: A) The City Lease to Boy's Own Inc., Stall Nos. 8 — 9 in the City Market, for a period of five (5) 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 "A" (City Market Fees) of the City Market By- Law, as amended from time to time. C) 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. Respec ly submitted, Bernie M 'son Director /Recreation & Parks _ ) J EEE...W///i11��iJJ /am M. utler, P. Eng. Commiss' er r-4Q,ommufity Services Terrence L. Totten, C.A. City Manager .i i I I. v' LJ � 7 O Ia i tai 0 I n = "•, r -lli 1 l& f �W F C� } I�7 C1 .O IIII PAl l IL 1 O GERMPIN STREET r m O O J LL O Z O r J v li=ll ..II+ II 7 c s 0 c W UI (il E� CL I I ' I � I � 0 Oy's o w N SNx) LEASE PLAw SAINT - JDjjt4 - CITY MARKET M 5CALE: A4' ='! "> _ O N W N VyQ.J� La ZF zz o 76 'a °N � xa Mnw in C O N N °Q LLJ � Q M U r '® i, SOUTH MARKET STREET EXIT 6; a w a - I � I w w I i I I L _t_ w z J I W L a — — W J w w z N a z ¢ a z z � w w 2 0 I. a S�rh` l`1 "J"N dd SAINT JOHN CITY MARKET PROPOSALS FOR RENTAL OF RETAIL SPACE CIT7b City of Saint Ioh. This information /application 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" ). SPACE AVAILABLE 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. CONTENTS OF PROPOSALS 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 line(s) - other pertinent information Prospective tenants may submit whatever other information they consider relevant to their proposal. EVALUATION 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 From: (hereinafter called the Tenant) � ��z� X13 ©� 120 (Address) (Phone {s }) To: Saint John City Market 47 Charlotte Street Saint John, N.B. E2L 2118 (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: Approximately square feet of Market stall storefront space (and attached greenhouse area); Approximately permanent benches; Approximately square feet of mezzanine facilities; Approximately v�S 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 -f5—years commencin le c / /�.a ending ��G �Pfr 1.2 The Tenant shall have the right to renew the lease for a further period of up to . (not 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: $1997 —C;ze00 6.7 S. X3=5 06190 - °` "°� $ aol �10o p as determined from Schedule "B' attached hereto and forming 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 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. 4.2 The Tenant agrees to operate a business consisting of: Type of Business �C Products Sold N Td Co G(:�C, 4.3 The Tenant agrees not to change the type of business or the product mix without the approval of the Landlord. 51 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 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. A 6.1 6.2 4e ��70Z* 6.3 -S- Tenant Association Tenant agrees to join the City Market Tenants' Association whose membership will consist of representation from Market Tenants and the Landlord. 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 /I S, Market. $ 9cslt4 1, 9' oz oorb r �> 3/ An ex $ 20&� ap 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. 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 -6- 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. -7- 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. -8- 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. OFFERED BY: Tenant: per e 13e� per REPORT TO COMMON COUNCIL M &C99 -256 July 15, 1999 Her Worship Mayor Shirley McAlary & Members of Common Council: SUBJECT: Contract 99 -9: Sherbrooke Street; Water and Sewer Construction BACKGROUND City of Saint John This Contract consists of projects that are approved in the 1999 Capital Program as follows: 1. A 375 mm sanitary sewer on Sherbrooke Street, from Benji Lane to Ontario Street to replace an existing sanitary sewer which is in poor condition. 2. A 200 mm watermain on Sherbrooke Street, from Benji Lane to Ontario street to replace an existing watermain installed in the same trench as above sanitary sewer. 3. A 525 mm storm sewer on Sherbrooke Street, from Benji Lane to Ontario Street to separate storm flow from sanitary in accordance with City separation policy. 4. A 450 mm storm sewer on Sherbrooke Street, from House #308 Sherbrooke Street to Sand Cove Road, to separate storm flow from sanitary in accordance with City separation policy. TENDER RESULTS Tenders closed on July 14, 1999, with the following results: 1) Fairville Construction Ltd. $262,656.00 Saint John, N.B. 2) Nautilus Construction & Rentals Ltd. $270,485.74 Saint John, N.B. 3) L. Halpin Excavating Limited $2897525.60 Saint John, N.B. The Engineer's estimate for the work was $285,925.00. M & C 99 -256 July 15, 1999 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. 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. FINANCIAL IMPLICATIONS The Contract includes work that is charged against three different capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on these projects that will be performed by City forces and others. The analysis concludes that a total amount of $365,000.000 was provided in the budgets and that the projected completion cost of the three projects included in the contract is estimated to be $311,178.28, leaving a budget surplus of $53,821.72. RECOMMENDATION It is recommended that Contract 99 -9: Sherbrooke Street; Water and Sewer Construction, be awarded to the low tenderer, Fairville Construction Ltd., at their tender price of $262,656.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 1.V11ll1ll5S1UI1Cr Municipal Operations P� ence L. Totten, C.A. Manager REPORT TO COMMON COUNCIL M & C — 99 -262 City of saint John 22 July, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Thermal Imaging Equipment BACKGROUND: The Saint John Fire Department, during Capital Budget presentations for 1999, identified the need for Thermal Imaging Equipment. This technology will provide the department with a very valuable tool that at the very least can be used to detect minor heat variations in a structure and at the very most can be used to save lives by quickly locating a person in a smoke filled environment. This tool will take the guess work out of finding hot spots buried deep in a sealed wall, can identify fluid levels in an overturned vehicle, will scan a structure from outside to identify areas where the heat levels are higher and quickly scan a smoke filled room for trapped occupants. These features will greatly reduce the need to cut into walls in order to determine if a fire is completely extinguished. It will eliminate the guess work when calls are received about smoke or chemical smells when there is no obvious fire. It will assist the on site individuals at traffic accidents to prepare for possible spills or to identify the volume of product must be dealt with. It will also speed up rescue efforts and possibly contribute to the saving of lives. REPORT TO COMMON COUNCIL Page Two ANALYSIS: Two companies responded to the City's tender call by submitting bids. Staff of the Saint John Fire Department and the Materials and Fleet Management Division have reviewed both tenders and find them to be complete in every regard. A summary of the tenders is enclosed for your consideration. FINANCIAL CONSIDERATIONS: This is a planned expenditure and as such funds to cover the cost to purchase new thermal imaging equipment are included in the 1999. capital budget. RECOMMENDATION: It is recommended that the tender of Mimac Fire and Safety Ltd., for the supply of thermal imaging equipment in the amount of $72,680.00, tax included, be accepted. (ocerfoIly s fitted, David Ldganr PPB Purchasin ent OXn ,CA Commissioner Finance nn Totten, CA City Manager 2 ƒ d @ k A k 2 /e j k / / ) e 2 m § m&a \ \ \\ - a @/» g ® -$ x a \ \ ^ ! \ � \ ! � § )} !{ k/ REPORT TO COMMON COUNCIL City of Saint John M & C — 99 -263 22 July, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Motorized Equipment — Works Department I_ MT41;C11;T1111 \ 1131 Tenders were called for the supply of 3 X 60,000 pound GV WR cab and chassis and 3 dual wheel, four wheel drive cab and chassis for use by the City's Works Department. In the case of tender number 99- 231017T, the 3 X 60,000 pound trucks, these units when delivered will be outfitted, by City staff, with new plow equipment and bodies which will allow them to be multi - functional, depending on the season. This additional equipment will be tendered once a determination has been made as to which type of truck will be accepted from this tender. As for the tender 99- 231013T for 3 dual wheel cab and chassis, this is a new specification developed by staff to address past problems with this type of truck. In the past staff have specified standard 1 tonne capacity cabs and chassis onto which were affixed plows and salter /sander units. These trucks were not specifically designed for this type of equipment, and the loads which were added to them, and as a result their life expectancy was shortened and the amount of out of service or down time for repairs was costly. Staff sought information and assistance from other municipalities and private operators in this business and discovered we were not alone in this experience. We also discovered that many of these sources were turning away from the conventional equipment in favour of the extra heavy duty truck specified in this tender. Unfortunately demand for this type of truck is not large enough as yet to warrant many manufacturers entering the field, as a result only one bid was received. I have spoken, however, to other potential bidders and have learned that they also are looking very seriously at developing similar equipment. REPORT TO COMMON COUNCIL Page Two ANALYSIS: Staff of the Works Department and the Materials and Fleet Management Division have reviewed all of the tenders and have found them to be complete in every regard. Summaries of both tenders have been included for your consideration. FINANCIAL IMPLICATIONS: This is a planned expenditure and as such funds to cover the cost of 3 new 60,000 LB GVWR cab and chassis and 3 new dual wheel cab and chassis are included in the 1999 operating budget. These new trucks, when purchased will replace existing equipment which has outlived it's economically practical life. RECOMMENDATION: It is recommended that in the case of tender number 99- 231017T that the bid from Bayview International Trucks Ltd., for the supply of 3 new 60,000 LB GVWR cab and chassises, in the amount of $315,675.00, tax included, and in the case of tender number 99- 231013T that the tender of Downey Ford Sales Ltd., for the supply of 3 new dual wheel, 4 wheel drive cab and chassises in the amount of $134,360.25, tax included, be accepted. Res ectfully sub dd,� David Logan,, Purchasing A ent lie Andrew Bec tt, A Commissioner Finance Vv -rte � Totten, CA Cily Manager § § } § }� §2 4 \� k } � / ] 4 \ / E ■ \ ( z & - g $ / 23 ( £) * ( =u 4 § )\ § § \ / E ■ \ 0 M N a C7 v, ra 0 0 oU b ai w A m A 0 0 A 0 x b ON 0 0 0 0 O O N N vt vt O� 7 �O U vi vi � A �N�rNi rl �•sz O E ,fir I� 3 i Lei z ONy�p y L xi O U a C �p N IO 1� � �vy w ❑-ii o � � P7 0 ra ry E °o p., o a U zEn A E U" A 0 0 A 0 x b ON REPORT TO COMMON COUNCIL M & C 99 -266 City of Saint John — 22 July, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Liquid Chlorine BACKGROUND: Each year the City calls a tender for the establishment of a supply agreement for the provision of liquid chlorine for use in the treatment of the City's potable water supply. This supply agreement, once established, will provide for a continuos supply of chlorine, at a fixed price, for the duration of the agreement, 1 year from the date of award by Council. The City purchases chlorine in 2 different size cylinders in order to meet the requirements of the various treatment centres. Some locations, where the demand is lower, will employ 68.04 kg(150 lb) cylinders, while other locations, where the requirement is higher, will need 907 kg ( 2000 lb) cylinders. ANALYSIS: Two companies responded to the City's tender call by submitting bids. Staff of the Water and Sewerage Department and Materials and Fleet Management have reviewed the bids and have found them to be complete in every regard. REPORT TO COMMON COUNCIL Page Two ANALYSIS ... cont ' d; The following is a breakdown of the tenders received for your consideration; Stanchem Inc. Dartmouth, NS 68.04 kg cyl $127.91/ea 907 kg cyl $761.88/ea Monson Companies Inc South Portland, Me 68.04 kg cyl no bid 907 kg cyl $1,130.73/ea 1998/99 pricing & supplier Monson Companies Inc 68.04 kg cyl $114.54/ea 907 kg cyl $800.80 /ea ** Note: all above — taxes are extra FINANCIAL IMPLICATIONS: It is estimated that the City will consume, during the one year life of this agreement, approximately 20 X 68.04 kg cylinders and 150 X 907 kg cylinders of chlorine. Based on the prices contained in the lowest tender and the estimated usage, the City will spend approximately $116,840.20 for the supply of liquid chlorine in the 1999/2000 supply agreement term. Funds for the purchase of various chemical additives used in the treatment of the City's water supply, are included in the Water and Sewerage department's annual operating budget. REPORT TO COMMON COUNCIL Page Three RECOMMENDATION: It is recommended that the tender submitted by Stanchem Inc., for the establishment of a one year supply agreement for the provision of 68.04 kg cylinders of liquid chlorine, at a cost of $127.91 per cylinder and 907 kg cylinders of liquid chlorine, at a cost of $761.88 per cylinder, be accepted. Respectfully sAmitted, David Logan, CPPB Purchasing A nt Andrew Be CA Commissioner Finance ` n Totten, CA City Manager REPORT TO COMMON COUNCIL M & C 99 -267 city of Saint John — 22 July, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Hydrofluosilicic Acid (H2SiF6) BACKGROUND: Each year the City calls a tender for the establishment of a supply agreement for the provision of hydrofluosilicic acid used in the fluoridation of the City's potable water supply. This agreement, once established, will have a term of 12 months from the date of award and will provide the City with a continuous supply of product at a fixed price for the term of the agreement. ANALYSIS: This is a very specialized chemical and as such there are not many suppliers which explains why there was only one response to the tender call. Stanchem Inc., of Dartmouth NS, submitted the only bid by offering pricing as follows; shipments of 22 tonnes at .333 cents per kilogram and shipments of 30 tonnes at .311 per kilogram. These 2 different size shipments are dictated by the demands of the various locations for delivery. Staff of the Water and Sewerage Department and Materials and Fleet Management have reviewed the tender and have found it to be complete in every regard. REPORT TO COMMON COUNCIL Page Two FINANCIAL IMPLICATIONS: Based on annual estimated usage and the prices quoted in this tender, staff estimates the City will spend approximately $100,000.00 to purchase hydrofluosilicic acid for the treatment of the potable water supply, during the term of this agreement. Funds to cover the cost of this expenditure are included in the Water and Sewerage department's annual operating budget. RECOMMENDATION: It is recommended that the tender of Stanchem Inc., in the amount of .333 per kilogram for shipments of 22 tonnes and .311 per kilogram for shipments of 30 tonnes of hydrofluosilicic acid, for a period of one year, be accepted. Andrew Retkett, CA Commissioner Finance P T . Totten, CA Ci Manager REPORT TO COMMON COUNCIL r� M & C - 99 -268 City of Saint John 22 July, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Petroleum Products BACKGROUND: The City of Saint John recently called it's annual tender for the establishment of a supply agreement for the provision of motive fuels and furnace oil. This is a joint tender effort in conjunction with the Saint John Transit Commission who include with our tender their requirement for diesel fuel. This has proven to be very beneficial for both parties as the City assumes responsibility for the tendering procedure while receiving a financial benefit from the addition volume of diesel purchased. ANALYSIS: Three companies submitted bids for consideration in response to the City's tender call, Staff of the Materials and Fleet Management Division have reviewed the bids and have found them all to be complete in every regard. Enclosed is a summary of the tenders for your consideration. REPORT TO COMMON COUNCIL Page Two FINANCIAL IMPLICATIONS: Based on the lowest unit prices offered and the quantities estimated, the cost of motive fuels and furnace oil, during the life of this supply agreement, will be $1,647,950.00. Saint John Transit's share of this cost, considering that of the estimated 2.3 million litres of diesel fuel to be purchased, they will use 1.4 million litres, is estimated to be $664,580.00. The City of Saint John therefore will spend an estimated $983,370.00 for which amount funds are included in the various operating and capital budgets. All of the prices contained in this tender and subsequent report are inclusive of all taxes and delivery charges. RECOMMENDATION: It is recommended that the tender for the supply of petroleum products for a period of one year be awarded to the lowest bidder in each case as follows: a) unleaded gasoline to Ultramar Ltd at a cost of .5313 cents per litre, b) diesel fuel to Irving Oil Ltd at a cost of .4747 cents per litre and c) furnace oil to Ultramar Ltd at a cost of .2622 cents per litre. David Logan, Purchasing t e —_bo CA Commissioner Finance Q� Totten, CA Manager \f \\ \» ±$ )\ \ } \ & � §20 � � ¥ 4w ) \ \� \}} \\ \ ®ON \ ) \�§ � \ ) \ \ � ) !CIO } � � \ \ 3 / ) w ° �±® )\ 2z3 ;�2 a3 \ \ \ \ \ » \ ) \ \ � ) REPORT TO COMMON COUNCIL M& C#99-253 July 12th, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, SUBJECT: Sidewalks — Fundy Drive BACKGROUND City of Saint John At its June 28th, 1999 meeting, Common Council referred a letter on the subject matter, from the former Saint John Lancaster MLA, to staff. A copy of that letter is attached. ANALYSIS There is currently one future Capital Transportation project, which includes sidewalk improvements, identified for Fundy Drive: ❑ Sand Cove Road to Dunn Avenue Curb, sidewalk and landscaping (Priority 4) $86,000 Transportation Engineering staff will inspect the entire length of Fundy Drive in preparation for the 2000 Capital Transportation Program and identify areas where sidewalk improvement work should be undertaken at some point in the future. This work will be incorporated into the long -term planning process for possible inclusion in a future program. RECOMMENDATION It is recommended that this report be receivPa °�a n' °a Respectfully Paul Groody, P. ng. Commissioner of Municipal Operations Terrence L. Totten, C.A. City Manager Jane Barry Your Liberal Candidate in Saint John Lancaster Telephone: 633 -(1920 Facsimile;: 633 4921 e -Mail: jane.barry@nbnet.nbxa Energy Integrity Enthusiasm June 6, 1999 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 RE: SIDE WALKS - FUNDY DRIVE 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, ?1� Jane Barry jb /ds x - �7 cc: Terry Totten, City Manager Mr. George Gauthier 662 Dunn Ave., Saint John,N.B. /<1 /v �i REC:t fto COMMON CLERK'S OFFICE JUN 16 1999 CITY OF SAINT JOHN 98 Main Street West, Saint John, NB E2M 3N3 REPORT TO COMMON COUNCIL M &C -1999- 255 July 15, 1999 Her Worship Shirley McAlary and Members of Common Council RIM SUBJECT: Re: Visitor Reservation Service city of saint John Your Worship and Councillors: At the meeting of June 28, 1999 Common Council received a letter from Mr. Eric Teed suggesting that the provision of an accommodation service should be considered by the City as a public service, with a fee to those who use the service. Council referred the matter to the City Manager. Mr. Teed's understanding and concern is that this service is not presently being provided by the City of Saint John's Visitor and Convention Bureau. ANALYSIS The Fundy Visitor Profile Report (1997), compiled by the provincial government, outlines travel habits of recent local visitors to our region. This report, and information received from our own visitor information counselors indicate that very few visitors to the Fundy region using accommodations arrive without making reservations in advance. For those requiring this service, however, the four municipally -run Saint John Visitor Information Centres follow the same system that is presently in place at all five New Brunswick Provincial Visitor Information Centres. As part of our "intercept" program to keep visitors in the area, staff is instructed to ask if reservations have been made in Saint John for the night. Interested parties are given detailed accommodations listings, and are assisted in choosing an appropriate property for their needs. Tourism staff will also make the call for them (once the visitor has chosen a specific accommodation) and after explaining the situation, hand the telephone to the client for them to make the reservation personally. This has worked very well, and Visitor Information Centre staff have developed an excellent working relationship with the local accommodation sector. "Rates of the day" and daily availability reports at various hotels, motels and bed & breakfasts are regularly gathered and circulated by local VIC staff to ensure visitors are quickly accommodated. For those visitors requiring reservations outside the City, calls to accommodations with a toll -free number are encouraged, and the calls are again made for these people. Pay phones are available on site at all local VIC's should visitors wish to make long distance telephone calls for reservations. M&C99 -255 Visitor Reservation System 19990715 Senior provincial and municipal tourism staff both agree that visitors to this region should not be charged for a reservation service. Complimentary service is part of the strategy to entice visitors to come and stay longer in New Brunswick. A Nova Scotia based company provides a similar service for visitors in the Maritimes, called Check Inns. Originally a joint venture between the Province of Nova Scotia, ACOA and private sector, this company is now completely private sector driven. Several local Saint John hotels are actually "members" of Check Inns. All members pay a sign up fee, as well as, a commission for reservations booked. In New Brunswick, provincial initiatives to streamline reservation services are accelerating. In the year 2000, an all -new computer system at the main Provincial Visitor Information Call Centre in Campbellton will allow for a "seamless exchange" when visitors request reservation assistance. This centre currently processes over 200,000 calls a year, many of which affect our region. The new computer system will allow a caller wanting to make a reservation at a Saint John property to be automatically linked to that property through the original toll -free line. The service will, again, be free to the visitor, and as it becomes operational, it is feasible that municipal VIC's will have access to the system, in addition to the toll free line. The more important consideration, however, relates to how most reservations will be made in the future. Technological trends indicate that many reservations are now being made directly with accommodation suppliers over the Internet, and through toll -free access to the desired hotel/motel chain. More and more consumers are "booking direct ", thus eliminating the middleman. The Province believes that any established reservation system will be a "moot point" in several years time, due to the internet, and so are developing a new web site which will include all local and provincial tourism inventory, and facilitate clients making reservations and planning their entire vacation by e-mail. Developing and purchasing the types of reservation systems described, and conducting research to ensure any purchases meet the demands of our changing technological environment requires large amounts of both capital and demand for the service. If supplied by any government, municipalities, who receive far fewer requests, should wait for the current research and testing of computer systems to be completed at the senior government level — provincial, and then "link" to the integrated provincial system. Although only a limited demand exists, an effective reservation service is already being offered to visitors at municipal Visitor Information Centres, which is well received and is free to the visitor. Improvements to any service can always be made, but staff believes it prudent in this situation to align ourselves with forthcoming provincial initiatives designed to `link" all tourism regions. Saint John will reap the benefits of considerable provincial research being undertaken to understand emerging trends in the tourism and technology field, and will also benefit from the significant financial capital being invested provincially in this area. M &C99 -255 Visitor Reservation System 1999 07 15 RECOMMENDATION It is recommended that this report be received and filed, and a copy forwarded to Mr. Eric Teed. Respectfully submitted, hq'c" ' u' T0*0 Margaret Totten Manager, Saint John Xisitor & Convention Bureau 11 B er, P. En jcit7y ssioner, o o en, C.A ager Services CA REPORT TO COMMON COUNCIL OPEN SESSION M &C -99 -257 um City of Saint John July 19, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Housing Incentive Program Application HIP -92 ANALYSIS: There have been 91 earlier applications, for a total of 730 units, previously approved for the Housing Incentive Program. The potential assessment increase will be over $66.5 million when all of the developments are completed. The following additional application has been received. Applicant Location # and Type Estimated of Units Grant #92 Oasis Construction 65 St. James Street 4 units $245000 semi - detached This application will result in four semi - detached housing units being established over the next two years. The total increase in assessment is estimated to be $280,000. 1. Strategic Plan Conformity/Existing City Policy The develoment meets the criteria of the program as approved by Common Council on April 21, 1996. Report to Common Council Page 2 July 19, 1999 2. Input from Other Sources Estimates of construction have been reviewed and reflect the proposed building. RECOMMENDATION: It is recommended that Common Council approve the Housing Incentive Program application for: HIP# 92 Oasis Construction for an estimated grant of $24,000. Respectfully submitted, X- Sid Lodhi, P.Eng. Manager, Real Estate & Facility Management (Acting for J. Claude MacKinnon) Te YTeoen, C.A. City Manager RGP /mmf / COMMUNITY PLANNING • %o'••• 5660 42 68 2613 ��I•' 242 50 2 '5 5 8 B -26�j �•I��2 6 5 2 4 8 267 269 2 7 1 275 i 285 11 283 9 P�CC� i rr\\ �lC6r o 28 293 1 / 2 9< 2J lip 9 li 13 %� '260 5 r2 29 265\ 267 269 2 7 1 ) 77 285 /7 26� � 28 \268 270 75 7 9 2 9 1 t• / 7 3 • 0 do 272 ' 277 2 8 5 P �j • 4 80 8428867 64 ;70: 299 30 46 56 305 • 313 _ • 31. ��i • 71 302 3 7 / Subject Site: Address: 55 -65 St. James Street Map Number: 06N -87NE Date: July 7, 1999 Scale: 1:1200 (1 in. = 100 I_5�55�65 60 14 00002816 0 �i • t�. REPORT TO COMMON COUNCIL July 20, 1999 OPEN SESSION M &C # 99 -261 Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Members of Common Council: SUBJECT: Easement for Encroachment- 81 Wentworth Street City of Saint John The Legal Department has received a request from Timothy M. Hopkins of Gorman Nason Ljungstrom, acting on behalf of the owners of the building at 81 Wentworth Street. Mr. Hopkins is requesting that the City execute an easement permitting the encroachment of his clients' building upon Wentworth Street. RECOMMENDATION: It is recommended that Council adopt the following resolution: Resolved that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favor of the present owners to permit the encroachment of their building at 81 Wentworth Street upon Wentworth Street, such easement to terminate with the demolition or removal of the encroachment. Respectfully submitted, T rr nce L. Totten, CA CITY MANAGER Legal Department John L. Nugent City Solicitor July 21, 1999 Terrence L. Totten, Esquire City Manager 8th Floor - City Hall Saint John, N. B. Dear Sir: P.O. Box 1971 Saint John New Brunswick Canada E21, 4L1 Tel.: 506 658 -2860 Fax: 506 658 -2802 Re: 81 Wentworth Street - Easement for Encroachment eR ' A' City of Saint John This Department has received a request from Timothy M. Hopkins of Gorman Nason Ljungstrom, solicitors for the owners of 81 Wentworth Street, for a grant of easement to permit the encroachment of the building at 81 Wentworth Street upon Wentworth Street. The lot of land in question can be seen on the attached Surveyor's Certificate prepared by Hughes Surveys (1975) Ltd. and dated February 17, 1978. As indicated thereon, the eastern side of the building on the property encroaches into Wentworth Street a distance .3 metres. As well, the encroachment is shown on Sheet 4 of the Murdoch Survey Sheets (Sheet 4 is dated August 1, 1923). The requested encroachment would terminate with the demolition or the removal of the encroachment as is customary in such circumstances. If you are prepared to recommend to Common Council the granting of an easement, the following would be a satisfactory form of resolution: ../2 Terrence L. Totten, Esq. July 21, 1999 Page 2 RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of the owners to permit the encroachment of their building at 81 Wentworth Street upon Wentworth Street, such easement to terminate with the demolition or removal of the encroachment. Yours truly,, Lynda D. Farrell Solicitor /11h Attachment 1, IMe U 10 anlly Put Hugh" lunnye (1974) ltd. hee enanded end rlowed eeneln Property dtapediy eMyd . CASTLE FUNERAL HOMES LIMITED da+ete It WENTWORTH 61'REET M I ti end known as Lot 471 Be. ehoiin' -ba city Chaste. 3 yvy - tI I g. The Purpose of which I. to determine the loancn N 1M building or buildings under aanenuotion m mw fully osnrtrypgd ihetePur ' 11 We have determined dill the buliding or buildings utwor o",truadon now or lolly twnvoa drown on the #ketch hereln contained, dr. .4ttwr.on xe located .# •• This' there ere no visible entueeohmenf# on the veld t"1 except Be shown. SKETCH i i ,I ---- 40 ((P) encroachment Jencroachme7t h ,(�Civic. No 81 _ as' E it k ' E iv vi In 30.2' •I , 40'(p) z Ui • i I Pded it 9elnt John this 17th dey of peb A.0, 19 78 r' HUGHES SUR YS 75) LTD. pen.. ,.. .., NJ.L.9, REPORT TO COMMON COUNCIL July 23, 1999 OPEN SESSION OF COUNCIL M & C #99 -273 Her Worship Mayor Shirley A. McAlary and Members of Common Your Worship and Members of Common Council: SUBJECT: Market Square WE City of Saint John The Legal Department has received a request from Mr. Franklin O. Leger, Q.C., Solicitor for the Bank of Nova Scotia. He has advised that the Bank of Nova Scotia proposes to sell its leasehold interest in the Market Square Complex to the Hardman Group Limited. Mr. Leger further requests that the City join in the documentation pertaining to the ancillary facilities at the Market Square Complex in which the City has an interest. It is recommended that Council adopt the following resolution: Resolved that as recommended by the City Manager and subject to the approval by Saint John Development Corporation of all documentation, the Mayor and Common Clerk be authorized to execute all City documents, subject to approval as to legality and form by the City Solicitor, for the proposed assignment of a leasehold interest in The Market Square Complex from The Bank of Nova Scotia to The Hardman Group Limited. Respectfully submitted, (� Pattick Woods, CGA DEPUTY CITY MANAGER Legal Department John L. Nugent City Solicitor July 23, 1999 Terrence L. Totten, Esq. City Manager 811, Floor - City Hall Saint John, N. B. Dear Mr. Totten: Re: Market Square P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 TeL 506 658 -2860 Fax: 506 658 -2802 City of Saint John I have been advised by Mr. Franklin O. Leger, Q. C. solicitor for The Bank of Nova Scotia, that his client proposes to sell its leasehold interest in the Market Square Complex to The Hardman Group Limited on July 28, 1999. In connection with that transfer, Mr. Leger requests that the City join in several of the documentation pertaining the ancillary facilities at the Market Square Complex in which the City has an interest, such as, but not limited to the North Market Wharf Cafe Area, the Library, the Trade & Convention Centre, the Parking Garage, the St. Patrick Street Pedway, etc. The City joined in signing similar documentation when The Bank of Nova Scotia purchased the Market Square Complex in 1993 from Cadillac Fairview /JMB Properties et al. If you are prepared to recommend to Common Council that they join in the execution of this documentation to facilitate the transfer of title between The Bank of Nova Scotia and The Hardman Group Limited, the following resolution would be appropriate: ../2 Terrence L. Totten, Esq. July 23, 1999 Page 2 RESOLVED that as recommended by the City Manager and subject to the approval by Saint John Development Corporation of all documentation, the Mayor and Common Clerk be authorized to execute all City documents, subject to approval as to legality and form by the City Solicitor, for the proposed assignment of a leasehold interest in The Market Square Complex from The Bank of Nova Scotia to The Hardman Group Limited. Yours truly, L . arrell Solicitor / llh ,228 REPORT TO COMMON COUNCIL July 23, 1999 OPEN SESSION OF COUNCIL M &C# 99 -272 Her Worship Mayor Shirley A. McAlary and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Ellis -Don (Atlantic) Ltd 55 Union Street City of Saint John The Legal Department has received a request from Mr. Thomas L. McGloan, Q.C., Solicitor for Ellis -Don (Atlantic) Limited. He has advised that HOOPP Realty Inc. has assumed the rights and obligations of Ellis -Don (Atlantic) Limited with respect to the agreement and lease between Ellis -Don (Atlantic) Limited and the City, and has requested that the City release Ellis -Don (Atlantic) Limited from the covenants and obligations under the agreement and lease. It is recommended that Council adopt the following resolution: Resolved that as recommended by the City Manager, the City release Ellis -Don (Atlantic) Limited from the covenants and obligations contained in the agreement dated February 25, 1992 and the lease dated as of December 22, 1992, provided that HOOPP Realty Inc. assume the covenants and obligations contained in the said lease and agreement. Respectfully submitted, PatYick Woods, CGA DEPUTY CITY MANAGER Legal Department John L. Nugent City Solicitor July 23, 1999 Terrence L. Totten, Esq. City Manager 8th Floor - City Hall Saint John, N. B. Dear Mr. Totten: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Tel.: 506 658 -2860 Fax: 506 658 -2802 l City of Saint John Re: Ellis -Don (Atlantic) Ltd. 55 Union Street By resolution adopted May 31, 1999, the City authorized the sale of 55 Union Street to Ellis -Don (Atlantic) Limited provided the rights and obligations of both Ellis -Don (Atlantic) Limited and the City were defined with respect to the Pedway(s) from the Aquatic Centre to Harbour Station. The sale of 55 Union Street was completed on July 8, 1999. The sale was subject to a lease and an agreement between the parties setting out the rights and obligations with respect to the above -noted Pedway(s). Ellis -Don (Atlantic) Limited has now sold 55 Union Street to HOOPP Realty Inc. and Mr. Thomas L. McGloan, Q.C., solicitor for Ellis -Don (Atlantic) Limited, has advised that HOOPP Realty Inc. has assumed the rights and obligations of Ellis -Don (Atlantic) Limited with respect to the agreement and lease between Ellis -Don (Atlantic) Limited and the City, and has requested that the City release Ellis -Don (Atlantic) Limited from the covenants and obligations under the agreement and lease. ../2 Terrence L. Totten, Esq. July 23, 1999 Page 2 If you are prepared to recommend to Common Council that the City grant Mr. McGloan's request, the following resolution would be appropriate: RESOLVED that as recommended by the City Manager, the City release Ellis -Don (Atlantic) Limited from the covenants and obligations contained in the agreement dated February 25, 1992 and the lease dated as of December 22, 1992, provided that HOOPP Realty Inc. assume the covenants and obligations contained in the said lease and agreement. Yours truly, Lynda D. Farrell Solicitor /11h BY -LAW NUMBER M- 118 -10 A BY -LAW TO PROVIDE FOR THE RESERVATION OF CERTAIN STREETS OR PORTIONS THEREOF FOR PARKING PURPOSES AND TO CHARGE AND COLLECT A FEE FOR THE USE OR OCCUPATION OF THE SAME BY MEANS OF MECHANICAL APPLIANCES 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 to Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances" enacted on the 6`h day of September, A.D. 1994, is hereby amended as follows: - Section 7 - Effective Times - is repealed and the following is substituted: 7. The provisions of Section 6 shall apply on Monday to Friday, inclusive, between 8:00 a.m. and 6:00 p.m. 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 -sixth day of July, A.D. 1999 and signed by: ja6z;�a ky, ayor, the memb r of Council who presided at the meeting at which it was enacted; and 0 First Reading - July 12, 1999 Second Reading - July 12, 1999 Third Reading - -July 26, 1999 Legal Department John L. Nugent P.O. Box 1971 � City Solicitor Saint John New Brunswick Canada E2L 4L1 July 23, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Parking Meter By -Law Amendment - Free Metered Parking on Saturdays Tel.: 506 658 -2860 Fax: 506 658 -2802 City of saint John Common Council at its meeting July 12, 1999 adopted a recommendation from the Parking Commission and gave first and second reading to an amendment to the Parking Meter By- Law allowing free unrestricted parking at parking meters on Saturdays for a trial period of one year. The appropriate amendment is attached and third reading is in order if Council wishes. Respectfully submitted, John L. Nugent City Solicitor :cd Attach. BY -LAW NUMBER M -118- A BY -LAW TO PROVIDE FOR THE RESERVATION OF CERTAIN STREETS OR PORTIONS THEREOF FOR PARKING PURPOSES AND TO CHARGE AND COLLECT A FEE FOR THE USE OR OCCUPATION OF THE SAME BY MEANS OF MECHANICAL APPLICANCES 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 to Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances" enacted on the 6th day of September, 1994, is hereby amended as follows: Section 7 - Effective Times - is repealed and the following is substituted: 7. The provisions of Section 6 shall apply on Monday to Friday, inclusive, between 8:00 a.m. and 6:00 p.m. 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:- July 12, 1999 Second Reading:- July 12, 1999 Third Reading:- Office of the Mary L. Munford Common Clerk Common Clerk July 26, 1999 Mr. Mike Brown Chairman Saint John Parking Commission 11th Floor, City Hall Saint John, N.B. E2L 41_1 Dear Sir: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 City of Saint John At a meeting of the Common Council, held on July 12, 1999, the following resolution was adopted, namely: "RESOLVED that the report from the Saint John Parking Commission submitting survey information from Uptown Saint John Inc. related to the introduction of free unrestricted parking at parking meters, further to Council's June 12, 1999 referral of the issue of free parking on Saturdays; and recommending the following course of action: (1) approval of free unrestricted parking at parking meters on Saturday for a trial period of one year; (2) the Saint John Parking Commission will carry out parking surveys on Saturdays to assess whether the needed turnover of parking is being achieved; and (3) the Saint John Parking Commission in conjunction with Uptown Saint John Inc. will submit a report to Common Council in approximately six months with an update on the issue of free Saturday parking; and setting out an amendment to the Parking Meter By -law which should be given first and second readings and referred to the Legal Department appropriate action, should Common Council agree to proceed with the recommendation -- be received and filed and the recommendation adopted." At the same meeting, the proposed by -law amendment was given first and second readings. Yours truly, g Common Clerk Saint John Parking Commission July 7, 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: Re: Issue of Free Metered Parkins on Saturday 9th Floor, City Hall, P.O. Box 1971 Saint John, N.B. E21411 Tel.: 506-658-2897 Fax: 506- 649 -7938 On June 12,1999, the Saint John Parking Commission proposed to review the issue of free parking on Saturdays and advise Common Council within four to six weeks. To date we have received survey information from Uptown Saint John Inc. (Enclosed) and carried out a number of audits and surveys on items that relate to the introduction of free unrestricted parking at the parking meters. ➢ The survey carried out by Uptown Saint John Inc. advised that 77% of the merchants surveyed want to try free unrestricted parking at the meters on Saturday. ➢ Ina trial area at City Market, it was found that 30 -45% of the vehicles parked on North and South Market Street on the last few Saturdays were owners and employees of City Market businesses and they tended to park for more than two hours. ➢ Based on audits of the parking meters and parking fines issued on Saturdays, we believe the loss of revenue to the City of Saint John would run between $40,000 and $50,000 per year. ➢ Based on audits of our Aquatic Centre Lot, our Church and Canterbury Street Parking Garage, our St. Patrick Street Lot and Union Street Lot, we found that Parking Commission revenue loss may be $6- 10,000 per year. Managers of Brunswick Square Parking Garage, Market Square Parking Garage, Mercantile Centre Parking Garage and YMCA Parking Lot indicated that free parking at the meters on Saturday would not be expected to have a major impact on their revenue figures. 42, / ?el The Saint John Parking Commission would like to make the following comments regarding the Saturday parking situation: ♦ Concern that spaces will not be available for those who need them. General turnover at spaces is a concern and also use of prime spaces by owners and employees. The survey for the area around City Market noted above is an example. ♦ Some of the cities that have free Saturday parking have also enacted two -hour parking limits to encourage a degree of turnover. Council may want to consider this in the future. ♦ Revenue estimates noted above may be somewhat low. Enforcement officers working Saturdays have reported lower than usual activity in the uptown area these past four or five weeks, probably due to people engaging in other activities during the good weather. ♦ Please note that tourists are not issued violations. Courtesy tickets are issued to out of province vehicles. In both June 1998 and June 1999 approximately 130 were issued and we received a positive response to this program. Recommendation: However, based on the above information, and in particular the request from Uptown Saint John Inc., the Saint John Parking Commission is recommending the following course of action: I. Approve free unrestricted parking at the parking meters on Saturday for a trial period of one year. Summer is not the busiest time and a useful test should probably last a year. II. The Saint John Parking Commission will carry out parking surveys on Saturdays to access whether the needed turnover of parking is being achieved. III. The Saint John Parking Commission in conjunction with Uptown Saint John will submit a report to Common Council in approximately six months with an update on the issue of free Saturday parking. Should Common Council agree to proceed with the above recommendations, the following amendments to the parking meter bylaw would be required and should proceed as follows: Give l' and 2 "a readings to changes to the Parking Meter Bylaw as outlined below and Refer to the Legal Department for appropriate action: The provisions of Section of Section 6 shall apply on Monday to Saturday as follows: Monday to Friday 8:00 a.m. - 6 p.m. Saturday 8:00 a.m. - 1 p.m. Bylaw The provisions of Section 6 shall apply on Monday to Friday as Follows: Monday to Friday 8:00 a.m. - 6 p.m. Yours truly, Mike Brown Chairman Saint John Parking Commission I' J d�, SUBMISSION OF UPTOWN SAINT JOHN INC. ME THE PARKING COMMISSION AND COMMON COUNCIL CONCERNING UPTOWN PARKING As a result of an initiative from Common Council, Uptown Saint John Inc. was asked to express its views regarding free parking on Saturdays in the Uptown area. METHODOLOGY Our Board decided it could best respond to this request by conducting a survey of our commercial/retail members. We conducted a face -to -face survey of merchants on the streets most affected by this issue. While we would have preferred a broader and more scientific survey, this was simply not possible in view of the limited resources available to us, and the time constraints within which our views were to be expressed. We, nevertheless, hope our survey is basically representative of Uptown merchants most affected by this issue. SURVEY A copy of the survey we circulated is attached to this report (Appendix A). A copy of the tabulation of results is also attached (Appendix B). Uptown Saint John Inc. APPROACH Pg.2 As will be apparent from Appendix A, we decided to summarize the present situation, to avoid misconceptions. The advantages and disadvantages of the proposal were set out as per our own understanding of them. A representative of each surveyed business was then asked to respond their preference amongst the following three options: 11 Free two -hour limited Saturday parking; 2. Unlimited free Saturday parking; 3. Maintenance of status quo. Option (a) was suggested from within our Executive as a means by which free parking could be provided, whilst discouraging all -day parking by employees, which had been raised as the principal objection to the overall goal of greater customer draw to the Uptown area. As Uptown businesses were being consulted on the Saturday parking issue, we also solicited additional comments of our member businesses, as this presented a good opportunity to do so. RESULTS Almost all of the 87 businesses surveyed favoured free all -day parking on Saturdays within the Uptown area. A mere 6% preferred maintenance of the status quo. Uptown Saint John Inc. Pg•3 Within the majority, by far most businesses 70% favoured unrestricted free parking, while 24% favoured two -hour limited parking. While residents within our geographical area were not surveyed (due to limited resources and time available), we do not feel predominantly residential areas within the Central Peninsula would be adversely affected by this change, on the contrary, by permitting free parking at metered spaces, drivers who might now tend to utilize existing free hourly parking zones (e.g., portions of Germain Street, Canterbury Street, etc.) will gravitate back toward the free metered spaces. A beneficial effect is therefore anticipated for residential areas of the Peninsula surrounding the central commercial core. While parking in the Uptown area is already free to a significant extent on weekends (where Parking Commission parking lots do not charge fees), we also see a beneficial psychological -effect by being able to advertise parking at metered spaces and Parking Commission parking lots as being totally free on Saturdays. Uptown Saint John Inc. therefore recommends the City of Saint John immediately adopt unlimited, free, all -day parking Saturdays at metered spaces in the Uptown area. We feel that the positive effects for trade will more than outweigh any loss of revenue from meters and violations. Uptown Saint John Inc. OTHER RESULTS Pg.4 In the course of this survey, our members have also identified some thoughtful suggestions relating to weekday Uptown parking. We would like to take this opportunity to share these with you. The following recommendations are viewed as ways of enhancing the current management of uptown parking for the benefit of merchants, other business and property owners, as well as residents of our city centre. Uptown Saint John recognizes that parking meters are a management tool which are used to create turnover and availability of the prime parking locations for customers in our city centre. This as an important objective - especially during peak demand periods and in prime locations. We are concerned, however, that parking meter monitoring during off - peak hours - such as Saturday mornings - as well as early weekday mornings and late afternoons, may be having an adverse affect on efforts to attract and retain customers at these times. The following suggestions, therefore, are not provided with an eye to Over-hauling the parking management system in uptown Saint John. Alternatively they are intended as measures which might fine -tune the existing operation to bring it more in -line with current demand and supply: 4. In selected portions of the uptown, replace meters with two -hour or one -hour free parking on weekdays; Uptown Saint John Inc. Pg.5 5. Review the location and demand for loading zones with consideration to the zones being made available to all vehicles for 15 minute or half -hour parking; 6. Reduction of hours of operation of meters on weekdays from the present 8:00 a.m. -6:00 p.m., to 9:00 a.m. -4:00 p.m.; 7. Review the location of taxi stands and enforce prohibitions against taxis sitting in non - designated parking spaces; 81 Explore some sort of revenue assessment mechanism so that commercial malls with free parking contribute to municipal parking revenue. While we recognize that some of the foregoing may seem impractical or may have adverse effects on municipal revenue, Uptown Saint John would suggest that these recommendations are worth further review and discussion. Uptown Saint John Inc., therefore, would welcome the opportunity to meet with representatives of the Saint John Parking Commission to review the current parking management policies in the uptown and make adjustments where necessary to ensure that these policies are synchronized with the broader economic development Uptown Saint John Inc. ME goals of the uptown, including its retail and property owners as well as the City of Saint John. C:\MyFiles \puking.wpd Respectfully submitted by: Colin Whitcomb, President UPTOWN SAINT JOHN INC. 40 King Street Saint John, New Brunswick E2L 1G3 Phone: (506) 633 -9797 E -mail: uptownsj @nbnet.nb.ca Uptown Saint John, Inc. Parking Survey The following table indicates the response to the Uptown Saint John, Inc. Parking Survey. From (1) being most preferred to (3) being least preferred, the numbers respond to the following three options: 1. Two -hour Limited Free Parking Saturday 2. Unlimited Free All -Day Saturday Parking 3. Maintain Status Quo Results: June 23, 1999 Number of Responses Received: 87 Option 1 1 Option 1 2 Option 1 3 Option 2 1 Option 2 2 Option 2 3 Option 3 1 Option 3 2 Option 3 3 23 12 17 67 10 4 1 6 1 5 1 36 26.4% 13,8%119,5%1 77% 11,5%14,6% 6.90/6 5.7% 41% The results indicate that a total of 67 of 87 responses (77 %) prefer the second option of Unlimited Free All -Day Saturday Parking, NB. Numbers in this table may vary from the report numbers due to AOOO many responses indicating a preference exclusive to Option 2. UPTOWN SAINT JOHN PARKING SURVEY Current Situation: • The Saint John Parking Commission, uptown parking lots are free all day Saturday and Sunday. • Metered on street parking is in effect from 8:00am — 1:00pm Saturday morning, with the meters being free after 1:00pm. The only period now under consideration for change is therefore 8:00am -- 1:00pm Saturday. • Uptown Saint John Inc. has been asked to indicate the opinion of its members and businesses re free meter on- street parking all day Saturday. Potential Advantage /Disadvantages: • Increased customers uptown. • With unlimited free parking employees who work in the "Uptown" might use the meters all day on Saturday, thereby reducing parking space turnover of meters to customers shopping in the uptown. • Loss of revenue to the City of Saint John. PLEASE PLACE CIRCLES TO INDICATE YOUR PREFERENCES FROM THE FOLLOWING THREE OPTIONS. (1 — Most Preferred 3 — Least Preferred) Two Hour Limited Free Parking Saturday 1 2 3 Unlimited Free All Day Saturday Parking 1 2 3 Maintain Status Quo 1 2 3 Additional Comments: BUSINESS NAME SIGNATURE (OPTIONAL) IF YOU ARE UNABLE TO COMPLETE THIS AT THE PRESENT TIME, PLEASE FAX YOUR RESPONSE TO UPTOWN SAINT JOHN INC. AT 652 -3525. I� City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG—Saint John Times Globe; T -J= Telegraph Journal) " SJTG City Information Ad " SJTG Independent Placement SJTG Classifieds "T -J Independent Placement "T -J Classifieds Date(s): Tuesday, 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) ✓ 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 ENACTED BY -LAWS 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: DATED FILED 1. 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. 100 -510 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 Common Clerk August 17, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 Mr. Brian Eisan 225 St. John Street West Saint John, N.B. E2M 267 Dear Sir: Re: 225 -227 St. John Street 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 August 12, 1999 and became effective on that date. Yours truly, Constance Mosher Assistant Common Clerk /jaf encl. cc: Jim Baird, Manager, Community Planning William Edwards, Building Inspector (Section 39 Resolution) PENDING REZONING AND SECTION 39 RESOLUTION PROPERTY LOCATION: - CP 100 -508 225 -227 St. John St. SUBJECT: Amend Zoning By -Law and Section 39 Resolution REGISTRY OFFICE: Filed in Registry Office - - * *certify 2 copies of Rezoning By -law Amendment - letter size - attach "A" (signed copy of By -law) - attach the street map (which is part of the By -law - * *attach "B" the resolution from Council - single spacing Registered in Registry Office - - * *certify 2 copies of the Section 39 Resolution - legal size, incl. owner's name - * *attach "A" (resolution from Council) - single spacing ** margins for these documents only - 2" top margin, 1.5" side margins Legal Department will file the By -law, returning 1 copy to Common Clerk's Office and Register the Resolution, returning 1 copy to Common Clerk's Office COPIES TO JOHN NUGENT: - July 30, 1999 Copy to - - Applicant - copy of By -law and all attachments - cc: J. Baird - copy of By -law and all attachments - cc: W. Edwards copy of Resolution and attachment BY -LAW NUMBER C.P. 100 -508 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: - The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 225 -227 St. John Street (NBGIC Number 365189), from "R -2" One and Two Family Residential to "R -4" Four Family Residential 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 -sixth day of July, A.D. 1999 and signed by: nim First Reading - July 12, 1999 Second Reading - July 12, 1999 Third Reading - July 26, 1999 COMMUNITY PLANNING AMENDING MAP SHEET 114 SCHEDULE "A" OF THE ZONING BY -LAW OF THE CITY OF SAINT JOHN V o / j FROM TO R -2 One and Two Family Residential R -4 Four Family Residential * Pursuant to a Resolution under Section 39 of the Community Planning Act Applicant: Brian Eisan Date Drawn: July 13, 1999 Location: 225 -227 St. John Street Drn : W. McIlveen Recommended by P.A.C.: July 6, 1999 File No.: 06N -86NW Enacted by Council: 00365189 Filed in Registry Office: 1 BY -LAW NUMBER C.P. 100 -508 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by the City of Saint John in Common Council convened, as follows: The Zoning By -law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land located at 225 -227 St. John Street (NBGIC Number 365189), from "R -2" One and Two Family Residential to "R -4" Four Family Residential 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. First Reading - July 12, 1999 Second Reading - July 12, 1999 Third Reading - 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 ounce who press B a t Fe meeting at which it was enacted; and Common Clerk AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re- zoning be subject to following conditions: (a) the use of the property is limited to a maximum of three dwelling units; and (b) the existing driveway must be upgraded with a gravel or asphalt surface within six months of the effective date of re- zoning. PROPOSED ZONING BY -LAW AMENDMENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the City of Saint John Zoning By -law at its regular meeting to be held on Monday, July 12, 1999 at 7:00 p.m., by: Re- zoning a parcel- d located at 475 Latimore Lake Road, having an area of approximately 55 acres, als6ldentfied as being portions of NBGIC # 335034 and 327106, from "RS -1" One and Two Far ' uburban Residential and "RS -1 M" and Two Family and Mobile Home Suburban ftstia l to "RF" Rura illustrated below. MAP) 5N FOR CHANGE: To permit the extraction, processing and removal of material from the subiect site. RE: 225 -227 ST. JOHN STREET Re- zoning a parcel of land located at 225 -227 St. John Street, having an area of approximately 490 square metres (5,274 square feet), also identified as being NBGIC #365189, from "R -2" One and Two Family Residential to "R-4" Four Family Residential. REASON FOR CHANGE: To place the property in a zone category that reflects the existing use as a three family dwelling and to permit the construction of a small addition to the building. 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. i�� City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 Department: COMMON CLERK Contact: MARY L. MUNFORD Phone: 658 -2862 Fax: 658 -2802 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTG =Saint John Times Globe; T -J= Telegraph Journal) " SJTG City Information Ad SJTG Independent Placement SJTG Classifieds T -J Independent Placement T -J Classifieds Date(s): Tuesday, June 15, 1999 Tuesday, July 6, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ Tender(s) ❑ Proposal(s) ✓ Public Notice(s) ❑ 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 r office of the Common Clerk May 31, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 Mr. Brian Eisan 225 St. John Street West Saint John, NB E2M 2B7 Dear Sir: At a meeting of the Common Council, held on the 25th instant, the following resolution was adopted, namely:- M7. City of Saint John " RESOLVED that the application of Brian G. Eisan for the re- zoning of property located at 225 St. John Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, July 12,1999, at 7:00 o'clock p.m." Enclosed is a copy of the Public Notice in this regard. Yours truly, Mary L( unford Common Clerk MLM:sc Enc Application for a Zoning By -law Amendment Applicant Related Information Name of Applicant Mailing Address of Applicant 22S ST 20"P3 Gr St),rl' lZwJ 1*4G Postal Code 6ZIM 2G7 Telephone Number Fax Number (if any) Home j C5a GG "10133 Business Name of Property Owner (if different) Mailing Address of Owner Postal Code Property Information Location z 25 S l ToN Civic# Street NBGIC# Lot Existing Use of Property Municipal Plan Land Use Designation Amendment Requested Present Zoning , ")o FArr i Lif Frontage R1 hangeZoningto Tl-1R €E -rAMILY and/or ❑ Text Amendment (indicate particulars) DECEIVED ��iAMON CLERKS "Y 21 1999 BUILDING & CITY TECHNICAL OF SAINT SERVICES JOHN SITE PLAN REGULAR LOT DEPAR ( MCN I NUMBER OF STOREYS NUMBER OF UNITS aj THESE MEASUREMENTS ARE CORRECT TO THE BEST OF MY KNOWLEDGE APFLIC/�NT -5 SIGNATSJgE �tQy * r Lj ' A BUILDING - e / S V L 2 � S STREET REVISED JAN 98 AS PROPERTY LINE i Planning Advisory Committee OPEN SESSION July 7, 1999 Your Worship and Councillors: SUBJECT: Rezoning Application 225 -227 St. John Street P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E21, 4L1 WE City of Saint John On May 25, 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 July 6, 1999 meeting. Mr. Hodges Hamm appeared at the meeting representing the applicant. Mr. Hamm indicated to the Committee that the applicant is in agreement with the recommendation contained in the report. No other person appeared at the meeting and no letters were received. The Committee adopted staff s recommendation as stated below. That Common Council rezone a parcel of land located at 225 -227 St. John Street, also identified as NBGIC number 365189, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act having the following conditions: a) the use of the property is limited to a maximum of three dwelling units; and b) the existing driveway must be upgraded with a gravel or asphalt surface within six (6) months of the effective date of rezoning. Respectfully submitted, Br�dnningh Chairman CI.i Attachments RECEIVED COMMON CLERK'S OFRW JUL 8 OW �.F' • r 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: JULY 2, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING MEETING OF JULY 6, 1999 [ ^61 City of Saint John Brian Eisan Brian Eisan 225 -227 St. John Street 365189 Low Density Residential Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential To place the property in a zone category that reflects the present use as a three family dwelling and to permit the construction of a small addition to the rear of the building. Rezoning Brian Eisan 225 -227 St. John Street Page 2 July 2, 1999 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 12, 1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 225 -227 St. John Street, also identified as NBGIC number 365189, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, subject to a resolution pursuant to Section 39 of the Community Planning Act having the following conditions: a) the use of the property is limited to a maximum of three dwelling units; and b) the existing driveway must be upgraded with a gravel or asphalt surface within six (6) months of the effective date of rezoning. INPUT FROM OTHER SOURCES: Engineering has no objection to this application. Building and Technical Services have no objection to rezoning this property to "R -4" Four Family Residential. A recent inspection by a local building inspector has indicated that there is no fire separation between the basement apartment and the upper floor. This will require upgrading. There does not appear to be any other major building code violations. A thorough inspection will occur at the building permit application stage. ANALYSIS: Proposal The present use of the property is a three family dwelling. Information available to planning staff indicates the three -unit dwelling has existed since 1993. The applicant is requesting rezoning for this property in order to place the property in a zone category that reflects the existing use and to allow for a small addition to the building. The applicant is planning to remove an existing enclosed porch, located to the rear of the building and replace it with a new porch and exit Brian Eisan Page 3 225 -227 St. John Street July 2, 1999 stairway. Attached are plans illustrating the proposed addition and location of the structure. Site and Neighbourhood The subject property is located in the Lower West Side of the City, which is mainly an area of older homes. The immediate area surrounding the subject property contains one and two family dwellings. The adjacent property at 223 St. John Street contains a three -unit building. In addition, there are a number of three unit dwellings to the rear of the subject site, having frontage off Saint George Street. The property at 272 -274 Tower Street contains a five -unit apartment building. It appears that this building was renovated in 1969 under a predecessor of Section 810(6) Conversion to Apartments of the Zoning By -law. In July 1998, Council rezoned the property at 258 Tower Street to "R -4" Four Family Residential to accommodate the use for a four -unit dwelling. There are a number of properties in the wider neighbourhood that have been rezoned to "RM -1" Three Storey Multiple Residential to accommodate multi -unit apartment and townhouse developments. A school is located approximately 400 feet to the south. The subject property has a typical lot size for this area, having approximately 50 feet of street frontage and 100 feet in depth. The building is two stories high and measures approximately 28 feet in width and 40 feet in depth. There is a driveway along the south -side of the building which has not been utilized, perhaps as a result of the relative sharp grade from the street. As a result, tenants of the building park their vehicle on the street. Rezonine The majority of the immediate neighbourhood is zoned primarily for one and two family dwellings, however, there are a number of properties in the area that are zoned for multi - family developments. There are also some institutional and small commercial operations in the area. The Municipal Plan supports a mixture of low density residential development. There is a sufficient mixture of development in this neighbourhood to support rezoning the property to "R -4" Four Family Residential. The property has been utilized as a three -unit dwelling for a minimum of six years of years and will continue as a three -unit building. The applicant is seeking rezoning of the property to place it in a zone category that reflects the existing use. Brian Eisan 225 -227 St. John Street Section 39 Condition Page 4 July 2, 1999 The applicant is requesting rezoning of this property to "R -4" Four Family Residential which could permit up to four apartments in the building. The existing driveway is not of a sufficient standard to promote parking on -site. The driveway should be re- graded to reduce the slope and gravel or asphalt surface should be provided. Although the greater area surrounding the subject property contains a mixture of land use, the immediate area consists of mainly one and two family dwellings. The property has been operated as a three unit for a minimum of six years. The property should be limited to three units so as not to further reduce the nature of this area. Council may limit the number of dwelling units and require an upgrade to the driveway, pursuant to Section 39 of the Community Planning Act. CONCLUSION: Given the existing mixture of land use in this area, approval for rezoning the property is supported. The existing condition of the driveway does not encourage it usage for off - street parking. The driveway should be upgraded to provide off- street parking for this development. CL:111 IJ 2442 267 213 292 X341 � COMMUNITY PLANNING 13 OS 196 181 KO 232 4 187 / 182172 1 \ B NBGIC Number (s): Subject Site: 365189 Address: 225 -227 St. John Street Map Number: 06N -86NW Date: June 18, 1999 Scale: N.T.S. CITY OF SAIN-f .fumy_ SITE PLAN REGULAR LOT NUMBER OF STOREYS 2 NUMBER OF UNITS 3 THESE MEASUREMENTS ARE CORRECT TO THE -BEST OF MY KNOWLEDGE APPLICL�NT.S_SIGN&W.RE X_- _- _ -- - - - - -- t a U C 3 Ix, Woo cjFN � FE -✓Gf- L yv t kill; t„ _.._ . ........... ... S 7 7� R 5 T ye r r - -- PROPI R i I 4r �o 0 STREET �? °� S- - _Jd �Ji✓ - _ - REVISED JAN 98 AS 6Z"s To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Monday, July 12, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court, Desmond, Fitzpatrick, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the Nominating Committee, (1) Susan Isaacs - Lubin and E. Donald McKim be re- appointed to the Saint John Transit Commission for a three -year term; (2) R. Gary Faloon be appointed as the City's representative on the Waterways Development Committee of The Team of Champions - Enterprise Saint John; (3) David Doyle be appointed to the Board of Directors of Saint John Development Corporation for a term of three years; and (4) Councillor Vincent be appointed as Council's representative on the Ability Advisory Committee. 2. That as recommended by the City Manager, Council (a) authorize the purchase of an approximately 6,000 square -foot property located on the Golden Grove Road from Charles Curtis for the agreed -upon price of $7,000, plus applicable taxes, on condition that the owner: (i) remove the building and leave the property in a condition acceptable to the Manager, Real Estate and Facility Management; and (ii) deliver to the City a deed acceptable to the City Solicitor; and (b) authorize the Mayor and Common Clerk to sign any documents necessary to give effect to this resolution. Respe tfully submitted, July 26, 1999, irley McAlary Saint John, N.B. C h a i r m a n. Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E21, 4L1 August 9, 1999 Mr. David G. Barry Chairperson Enterprise Saint John 40 King Street Saint John, NB E21- 1 G3 Dear Sir: City of Saint John At a meeting of the Common Council, held on July 26, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the Nominating Committee, R. Gary Falcon be appointed as the City's representative on the Waterways Development Committee of The Team of Champions - Enterprise Saint John." Yours truly, Constance Mosher Assistant Common Clerk CM:sc �5 , t 0 Office of the Common Clerk August 9, 1999 Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Saint John New Brunswick Canada E2L 4L1 Mr. R. Gary Falcon C/o Patterson Palmer Hunt Murphy Barristers & Solicitors P.O. Box 1324 Saint John, NB E2L 4H8 Dear Sir: o City of Saint John This is to advise that at a meeting of the Common Council, held on July 26, 1999, you were appointed as the City's representative on the Waterways Development Committee of The Team of Champions - Enterprise Saint John. Yours truly, Constance Mosher Assistant Common Clerk CM:sc Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Ms. Theresa Ellefsen Administrator Saint John Development Corporation P.O. Box 7200 Saint John, NB E21-4S6 Dear Madam: m 4 c. A. City of Saint John At a meeting of the Common Council, held on July 26, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the Nominating Committee, David Doyle be appointed to the Board of Directors of Saint John Development Corporation for a term of three years." Yours truly, Constance Mosher Assistant Common Clerk CM:sc Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Mr. David Doyle C/o Teed Saunders Doyle & Co. P.O. Box 6668 Saint John, NB E2L 4S1 Dear Sir: c m City of Saint John This is to advise that at a meeting of the Common Council, held on July 26, 1999, you were appointed to the Board of Directors of Saint John Development Corporation for a term of three years. Yours truly, Constance Mosher Assistant Common Clerk CM:sc N ' Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Mr. David Doyle C/o Teed Saunders Doyle & Co. P.O. Box 6668 Saint John, NB E2L 4S1 Dear Sir: c m City of Saint John This is to advise that at a meeting of the Common Council, held on July 26, 1999, you were appointed to the Board of Directors of Saint John Development Corporation for a term of three years. Yours truly, Constance Mosher Assistant Common Clerk CM:sc n: `hc , Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E21, 4L1 August 9, 1999 Mr. Frank G. McCarey General Manager Saint John Transit Commission P.O. Box 3860, Station B Saint John, NB E2M 5C2 Dear Sir: City of Saint John At a meeting of the Common Council, held on July 26, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the Nominating Committee, Susan Isaacs -Lubin and E. Donald McKim be re- appointed to the Saint John Transit Commission for a three -year term." Yours truly, o Constance Mosher Assistant Common Clerk CM:sc a�� I office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Ms. Susan Isaacs -Lubin 33 Fourth Street Saint John, NB E2K 3L7 Dear Madam: W City of Saint John This is to advise that at a meeting of the Common Council, held on July 26, 1999, you were re- appointed to the Saint John Transit Commission for a three -year term. Yours truly, Constance Mosher Assistant Common Clerk CM:sc III Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Mr. E. Donald McKim 940 Rocky Bluff Terrace Saint John, NB E2M 3E8 Dear Sir: City of Saint John This is to advise that at a meeting of the Common Council, held on July 26, 1999, you were re- appointed to the Saint John Transit Commission for a term of three -year term. Yours truly, Constance Mosher Assistant Common Clerk CM:sc Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 August 9, 1999 Mr. Howard T. Myatt Smith, Townsend, Myatt Barristers & Solicitors Suite 430, TD Tower Frederick Square 77 Westmorland Street P.O. Box 38 Fredericton, NB E2B 4Y2 Dear Sir: City of Saint John At a meeting of the Common Council, held on July 26, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the City Manager, Council (a) authorize the purchase of an approximately 6,000 square -foot property located on the Golden Grove Road from Charles Curtis for the agreed -upon price of $7,000, plus applicable taxes, on condition that the owner: (i) remove the building and leave the property in a condition acceptable to the Manager, Real Estate and Facility Management; and (ii) deliver to the City a deed acceptable to the City Solicitor; and (b) authorize the Mayor and Common Clerk to sign any documents necessary to give effect to this resolution." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, Constance Mosher Assistant Common Clerk CM:sc 2-6 t.� !AedG'U,Pi _��CQ�GP� 134 Taylor Avenue, Saint John, N.B. E2K 3E6 • Phone 634 -7033 • Fax 634 -6101 July 12, 1999 Mayor Shirley McAlary & City Councillors City of Saint John SUBJECT: ARL PROJECT The purpose of this project park is to provide a secure area for the public and Animal Rescue League to view, interact and socialize with shelter animals. This park would provide a humane and enjoyable outlet to relieve the stress, of abandoned or stray animals, whom are often traumatized. It would also provide a nurturing environment and a safe place for families and their children to ponder adoption. It would be a private place where people could grieve when a pet has past on. The Animal Rescue League provides numerous services to the community, and this park will help us better serve the community. There is no such area in our community at the present time and one is needed. The John Howard Society and the Animal Rescue League Staff are donating the labor for this project. We are in need of trees, flowers, planting materials and landscaping materials, as per the attached. We would appreciate it if the City of Saint John would donate these items or provide financial assistance to purchase such. As this project is slated to begin in July, a timely response to this request would be greatly appreciated. If further information is required please contact me at 642 -0921. Thanking you in advance for your consideration of this request. Sincerely, Roxanne Ogden Manager 9V &��. Y' JUL 12 1990 CA ® ®Z r �ƒ .. \\ . f r \ »c { � %2 \ � \\ /{ � ■ > f , / f / / / � \ \( � � } 3\ ,! f r \ »c { � %2 \ � \\ /{ � ■ > f , / f / / / � Z July 8, 1999 Mary Munford, Common Clerk City of Saint John Dear Mrs. Munford, We are contacting you regarding a project that we have undertaken in the South End Community, specifically in the area of St. James St. — Wentworth St. A group of persons holding leadership positions in various organizations serving the South End Community have formed a network we are calling the Saint John South Planning Committee. The mandate of this group is to seek positive change through small workable projects, which involve citizens from differing age groups and walks of life. Two of the first of these projects are centered on beautification/clean up of two areas: the asphalt surface behind the St. john the Baptist — King Edward School and the cement wall directly behind the King Edward Wing of the School. Our method of creating a more pleasing environment can be considered Crime Prevention through Environmental Design. We believe that this project will eliminate negative graffiti, and allow youth to create designs for which they will take ownership. Our sub - committee has discussed materials and resources that will be necessary to complete these two projects before the end of this summer; a goal that we feel is possible to achieve. We would ask that the City Council consider our request for paint supplies to be donated for our projects. We believe that this small project is in keeping with Peninsula Neighborhood Plan adopted by Council. If this were not possible at this time, other sponsors would have to be found quickly. Please pass this request on to the appropriate authority and notify one of the committee members listed below of your response. We thank you for your time and cooperation. Ste._ i ::+ ' Sincerely, Constable Robert Buck , South Central Community Officer % Henrietta Bums, Vice - Principal St. John the Baptist -King Edward School zi May 20, 1999 Mary L. Munford, Common Clerk Municipality of Saint -John City Hall Market Square P.O. Box 1971 Saint John, NB E21_41_1 MUNICIPALITY OF CHATHAM -KENT LEGAL SERVICES DEPARTMENT CIVIC CENTRE • P.O. Box 640 • CHATHAM, ONTARIO • N7M 5K8 T)BLEPHONE: (519) 360-1998 FAX: (519) 436-3237 icies On Establishment Of and Addition to Reserves Within Chatham -Kent Council recently considered a report from its appointed Municipal Task Force relating to the proposed creation of a reserve within our community. A copy of the Interim Report to Council and a Resolution passed by Council is attached for your information. The Resolution objects to the current Federal Government Policy with excludes Municipal Governments from participation in negotiations leading to unilateral decisions to create or add to Reserves in existing Municipalities. The Resolution also objects to the Federal Government Policy not to engage in a comprehensive policy of public consultation during such negotiations and prior to agreement in principle being reached. The Minister of Indian Affairs and Northern Development has been asked to immediately institute a process for the involvement of Municipalities and communities in any pending and future land claim settlements such that all community concerns are resolved prior to agreeing to such settlements. We ask for your support and endorsement of this most important issue which affects many Municipalities across Canada. Yours very truly, Brian W. Kno , Director of Legal Services e-mail: bknott(Deity.chatham- kent.on.ca BWlvdu RECEIVED Enclosure C0100N CLERK'S OFFICE 275.99 JUL 20 1999 0 � noffp � lI 4 Jfi�-f'Ir7wj Internet: www.city.chatham- kent -on.ca Chatham -Kent Call Centre: (519) 360.1998 MUNICIPALITY OF CHATHAM -KENT TASK FORCE ON PROPOSED CALDWELL RESERVE INTERIM REPORT TO COUNCIL May 3, 1999 Members of Council, your Task Force has begun its work in assessing the validity of the Caldwell First Nation specific claim; the historical context of any lawful obligation of the Crown to the Caldwell First Nation; and the issues, processes, and reasons surrounding the creation of a reserve in the Municipality of Chatham -Kent. Based on the information received to date from the federal government and various individuals and groups we have begun to develop information and strategies to assist the Municipality in dealing with these issues. In addition, we have formulated some preliminary recommendations for Council's consideration. 2. General Activities of the Task Force Since the creation of the Task Force on the Proposed Caldwell First Nation Reserve on April 69 1999, we have reviewed the available research in support of and in opposition to the specific claim Application of the Caldwell First Nation. Based upon that review, we have posed questions to the responsible Minister concerning the validity of this claim. We have also sought from the Minister any other relevant information supporting this claim and documentation related to prior governments' refusal of this claim. We await a response. We have been inquiring into the process undertaken by the Caldwell First Nation and the Department of Indian Affairs and Northern Development (DIAND) to arrive at the terms of the Land I Claim Settlement Agreement in Principle. At the same time, we have examined the process that will guide the federal government in approving reserve status for parcels of land accumulated by the Caldwell First Nation in its efforts to create a 4,500 -acre reserve within Chatham -Kent. The process is spelled out in a DIAND policy and guideline document (additions to Reserves). In particular we examined the wording of Section 9.3.2.2, Municipal Considerations, and found what appears to be a process that could allow for the resolution of the legitimate concerns of the Municipality. In addition, each of the members has been investigating the impact and long -term consequences of a new reserve within the boundaries of Chatham -Kent, from administrative, financial and legal perspectives. We have also invited interested community groups, through fact -to- face meetings, to help us identify and define important issues, and to recommend possible resolutions to those issucs. This is a process that we will both continue and expand by giving interested groups the opportunity to meet on a scheduled basis with members of the Task Force for updates and status reports. We have been discussing a range of strategies that will ensure the proposed Caldwell First Nation Reserve will not proceed until every legitimate concern raised by the municipality is satisfactorily resolved and can be backed up by an enforcement mechanism that is acceptable to the Municipality. 3. Dialogue with Interested Groups We have met with five interested municipal groups, and remain open to meeting with other, including those we are unaware of, or those that might be created in response to the proposed reserve. 3 To date we have met and entered into a continuing dialogue with representatives of the Chatham -Kent Community Nctwork, the Kent Federation of Agriculture, the Canada First group, the South Kent Property Development Corporation, and the Ontario Commercial Fisheries Association. The Department of Indian Affairs of Canada made it known that it was prepared to meet with the Task Force, and we responded with a telephone call to say that a meeting was not appropriate until the Task Force received all necessary information from the government on the Claim; was better informed on DIAND's processes and policies with respect to the creation of a new reserve in a mature and productive agricultural community; and had investigated the emerging concerns with the municipality. 4. The Issues to Date The Task Force and local interest groups have identified several serious issues with potentially very damaging consequences that will have an enormous impact on the community. Many of the issues are unique in their importance to a highly productive, highly regulated, interdependent and cooperative agricultural community such as Chatham -Kent. At this point in time, the Task Force can summarize these issues as follows: (a) Agricultural drainage - proper and well- managed drainage is extremely important to the viability of farms throughout south Chatham -Kent. The land that appears to be targeted by the Caldwell First Nation for a proposed reserve has approximately fifty drains running through it and there are another thirty drains immediately upstream that depend an proper and constant construction, (b) (c) (d) improvement, repair and maintenance for their successful use. There is a complex system of regulation, enforcement, complaints, hearings, appeals, penalties and judicial processes to ensure that drainage issues do not affect the viability of farms and agri- business in Chathatn-Kent. If a reserve is established free of current regulations and bylaws there is no system by which the farm community can ensure that this critical drainage system will function within the reserve boundaries. Commercial Fisheries - the Lake Erie commercial fishery is a major component of the economy of Chatham - Kent and all of southwestern Ontario. The unregulated entry into the Lake Erie fishery by the Caldwell First Nation could have a devastating effect on the industry and upon commercial stocks of the western Lake Eric fishery. Mnaiaipal gervieea Costs . - A large reserve or a patchwork reserve creation system could result in greater distances and therefore greater costs for standard and oversized water distribution systems and municipal roads in the absence of co-operation by the First Nation. Land Use Planning - With no application of current provincial policies or municipal coning bylaws or official plan, the municipality and the residents of Chatham -Kent will have no control or influence over land use and development of land in the proposed reserve. This uncertainty will jeopardize surrounding property values and land uses. This instability will affect personal and business decisions of neighbouring farms and business for years to come. Crop farmers operate quite co- dependently with and 101 rely heavily on appropriate municipal zoning and neighbourhood co- operation. (e) Loss of Municipal Tax Revenues With the creation of a reserve, the municipality will lose significant tax revenues and this could impact the level and availability of all municipal services. It is significant that this issue has not been addressed to date by the federal government or the Caldwell First Nation. Any one of these issues and several more must be addressed in a comprehensive manner. Creative resolutions to the issues must be found. And there must be in place a dispute - resolution and enforcement mechanism that can be relied upon by the community to result in satisfactory solutions to any disputes that might arise. 51 Extstiug Federal Policy Some impacts of a reserve have been anticipated as municipal concerns by Indian Affairs, according to its own internal policies and guidelines, but the impacts and long -term consequences are not satisfactorily dealt with. They require resolution between the municipality and the band. No such resolution is forthcoming at present and it is the view of the Task Force that these matters must be resolved now, prior to finalization of any Settlement Agreement, and placed as a formal pert of the Settlement Agreement. For example, policy 9.3.2.2. Municipal Considerations says, 'A reserve will not normally be established where a municipality has requested a formalized agreement with a band but an agreement has not been reached." On other hand, "the DM (Deputy Minister) may choose to proceed" with approval of the reserve if the Department of Justice 6 advises there is a legal obligation to proceed, or if the municipality "is unwilling to respond in good faith. ". Too much is left to broad interpretation within the policies and guidelines. In effect, a determined Department of Indian Affairs could proceed despite the reassuring words that the municipality can find in the Indian Affairs procedures manual. While the federal government, as a matter of policy, does not normally involve itself in negotiations between a municipality and a reserve, your Task Force believes that federal policy to be unrealistic, archaic and wrong. There is no reason why it should not be involved; particularly in this case, where a new reserve is being proposed within a community reliant on laws and regulations that are commonly applied in the best interest of every farm, business and resident in the community. Where cooperation is such an important element to the viability of all farms and businesses in the area., it is our view that the municipality must demand the involvement of Indian Affairs Canada in negotiations of these issued and demand satisfactory formal resolutions of these before the Land Claim Settlement Agreement is signed. (a) We recommend that the Municipality of Chatham -Kent continue to question the legitimacy of this Specific Claim by the Caldwell First Nation, the federal government's acceptance of the Claim, and the proposal to create a new large reserve within the Municipality. Council must demand production now by the federal government of all documentation and advice that it has in its files regarding this Claim and the reason the federal government concluded that it had a legal obligation with respect to the application. r Previous governments had rejected Caldwell claims, citing a lack of historical evidence. A letter (copy attached) was forwarded on April 23, 1999 to the federal ministry requesting documentation and has remained unanswered. Council must demand answers to all questions raised in the letter. (bj We recommend that Council pass a resolution objecting to the current federal policy which excludes municipal governments from participation in negotiations leading to unilateral decisions to create or add to reserves in existing municipalities, and further that this resolution also object to the federal government policy not to engage in a comprehensive policy of public consultation during such negotiations and prior to agreement in principle being reached. (c) We recommend that the Mayor immediately forward a letter of objection to the current situation and demand an urgent meeting with the Minister to begin a process of resolving all municipal concerns prior to ratifying or signing the Settlement Agreement or any similar or ancillary agreement. A draft of such letter is attached. (d) In response to requests from organized interested groups from within the Municipality, we recommend that regularly scheduled meetings between representatives of interested groups and the Task Force take place, and that updates and status reports on activities and developments be prepared for those groups. on (e) We recommend that the work of the Task Force continue to identify, define and communicate legitimate concerns, issues, impacts and long -term consequences to Council, the interested groups, and, through the media, to the community at large. (f) We recommend that the Task Force continue its work and that the Municipality oppose the reserve through political means, process, or litigation, until every legitimate concern raised by the Municipality (including the legitimacy of the Caldwell claim) is satisfactorily resolved. Respectfully submitted, William Day Alan Pope Tom Reid Jack Wilkinson RESOLUTION NUMBER 003.99 OF THE CORPORATION OF THE MUNICIPALITY OF CHATHAM -KENT , WHEREAS the Department of Indian Affairs and Northern Development has established policies and a process for Aboriginal Claims and Treaty negotiations, including the establishment of and addition to Reserves within Canada; AND WHEREAS such policies traditionally exclude Municipalities from such negotiations and reject community consultation prior to concluding agreements on these matters; AND WHEREAS the Municipal and Community concerns include such important issues as land use planning, Municipal tax revenues, integration of Municipal roads and services, the applicability of Provincial laws and regulations and Municipal By -laws on Reserves and their enforcement, agricultural productivity and policy, water policies and agricultural drainage, industrial and development policy, the status of existing agencies and institutions, hunting and fishing on private and Crown lands and water, dispute resolution and intergovernmental relations; AND WHEREAS such policies of non - involvement and non - consultation with Municipalities and the affected communities are wrong, archaic, and unrealistic and create misunderstanding, fear, and confrontation; NOW THEREFORE BE IT RESOLVED that the Minister of Indian Affairs and Northern Development immediately institute a process for the involvement of Municipalities and Communities in any pending and future land claim settlements, such that all community concerns are resolved prior to agreeing to such settlements; AND BE it further resolved that a copy of this resolution be forwarded to the following government agencies and other bodies and Municipalities for their support and endorsement: Privy Council of Canada Provincial Ministers of Indian Affairs and Native Affairs Secretariats Federation of Canadian Municipalities Association of Municipalities of Ontario Municipalities across Canada with similar concerns and issues MOVED BY SECONDED BY ALAN W. POPE, B.A., LL.B., Q.C. BARRISTER & SOLICITOR 101 CEDAR STREET SOUTH SUITE 202 TELEPHONE (705) 267 -8384 TIMMINS, ONT., NN 2G7 FACSIMILE (705) 267 -a324 April23, 1999 By facsimile transm;s. ion and courier MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT 10 Wellington, 21st Floor Hull, Quebec K1A OH4 ATTENTION: Hon, Jane Stewart Dear Minister: RE: The Caldwell First Nation I have been retained to provide legal advice to the Municipality of Chatham -Kent and to participate in a municipal task force concerning The Caldwell First Nation (hereinafter referred to as "Caldwell") and a proposal to create a reserve within the municipal boundaries. I have reviewed the draft Caldwell Trust - Agreement, the draft Settlement Agreement, the Report by Joan Holmes & Associates Inc. (hereinafter referred to as "Holmes ") prepared for the Indian Commission of Ontario in November 1994, a document entitled Additional Caldwell Questions by Holmes in July 1995, Caldwell Technical Briefing, The Caldwell First Nation Land Claim (Schwenger) of February 1999, articles by Kate Ciendenning and Your Questions and Answers document. In reaching your decision on this matter if you considered or had reference to any , other material or opinions, including Department of Justice opinions that a lawful obligation existed, the municipality would appreciate receiving copies of all such 'materials as soon as possible. I also note that you have indicated that the Caldwell First Nation has been designated as an Indian Band under federal law. Kindly forward any reports, opinions or material concerning this decision. Finally, previous federal governments over many decades had rejected this claim and determined that page 2 ors \ Ms.'ster stnwart Apra 23, 1999 no Iawful obligation existed. May I please have a copy of the material relied upon by the federal government of the day in making those decisions. There appear to be contradictions in historical evidence and opinion. My client requests that all parties to this process (including our federal government) address these matters. In addition, there are historical issues that do not yet appear to have been addressed and my client requests that they be now addressed. 1. It appears that very little direct, first -hand and documented history exists concerning the Caldwell "band" or family prior to 1831, when some descendents began to request land and recognition. In fact, the Holmes Report is devoid of any documented information prior to 1837. On the other hand Schwenger indicated (page 4) that William Caldwell Sr. was born in 1750 in Northern Ireland and immigrated to the present day United States in 1773 only arriving in the Detroit area in 1778. His son, Billie Caldwell, was born in 1780 and was half Mohawk, residing on the Grand River, until his father sent for him in 1789. Another son, William Caldwell Jr., was born to William Caldwell in the Amherstburg area In fact, Schwenger concludes (on page 8) that the archives at Fort Malden Historic Park fail to refer to Caldwell at all. Are these facts correct, and if so, does this not affect the issue of aboriginal entitlement or the nature of the government's legal obligation? Is the government saying that there were two unrelated Caldwell families with father and son together, both sons named William, fighting for the same Generals in the same battles of the War of 1812 and that this is the source of the confusion? If this is the case, what documentation do you have of these facts? 2, The Holmes Report (pages 2 -3), quotes extensively from documents which the Report itself describes as being recorded in the later half of the nineteenth century, in other words, almost one hundred years after the Treaty of 1790. For instance a local history by Thaddeus Smith, dated 1899, indicates that the Chippewas and Ottawas jointly held Pelee Island and Louis Deleany, in 1894, said that he had heard the Caldwells say that they were rightful owners of the land. Yet the Holmes Report fails to address the issue of whether Caldwell's Rangers (a.k.a. the Caldwell Band) were claiming title based on promises made to them as a result of military service in the War of 1812 (a claim later asserted) or whether the Caldwell First Nation claimed title based on ancient historic use and /or occupation of the land as aboriginals. There appears to be no evidence of occupation to the lands specifically by the Caldwell First Nation prior to 1790. Schwenger states (page 4) that there is no evidence of Chippewa occupation prior to the 1760's at which time European settlers had also moved into the area As well, Schwenger indicates that Caldwell Page 3 of S Minister S-,ea t April 23, 1959 attempted to get land for his associates, who were mixed Pottawatomi, Wydandotte and Ojibwa (page 5) as a reward for military service. In the Caldwell Technical Briefing, your department cited "Myths" and "Fact ". On the matter of Chippewa occupation prior to the 1760's you indicate that the Chippewa moved into the area in the first half of the eighteenth century. Recognizing that European settlers had also moved into the area at the same time, there is no history of traditional use or occupation of these lands by the Chippewa prior to the arrival of the Europeans. How , therefore is there either a lawful obligation or aboriginal entitlement? Does being "there at the time of the treaty" meet the test for specific claims approval? If Schwenger is incorrect, in what way is she incorrect and is there any concurrent documentation to support Chippewa aboriginal occupation? Finally, is there any independent verification of entitlement as opposed to repetition, for over a century, of unproven assertions of aboriginal entitlement by those claiming it? 30 The Caldwell association with Point Pelee is also of some note as on this matter in fact Holmes and Schwenger appear to agree. Schwenger (page 5) indicates Caldwell received land in Amherstburg in 1799 and 1801 and Holmes that Chippewa Indians associated with Amherstburg occupied Point Pelee from 1775 or 1785 and that there are first references to villages around 1768 or 1782 -1786 (page 4). Is there any evidence that the Caldwell First Nation itself occupied these lands prior to the arrival of the Europeans and /or sufficient to establish aboriginal entitlement to the exclusion of others? 4. The participation of the Caldwells in the War of 1812 appears to be documented consistently by Holmes and Schwenger. Yet there are differences that are relevant to your decision. Holmes describes the participants in the War of 1812 as "Chief William Caldwell and his father Quineseas Caldwell" (page 5) whereas Schwenger describes the participants aiding the same Major General Proctor as William Caldwell. Sr. ("commanded ... Caldwell's Rangers ") and including his son William Caldwell Jr. (page S). The question remains, were the Caldwells Chippewa or aboriginal or were they an Irishman and his son with aboriginal associates and does issue not affect an issue of aboriginal entitlement? 5. Holmes and Schwenger both make reference to claims from the Caldwells to Point Pelee (as having been reserved to .them) yet, Holmes without justification treats their occupation and claims as "Indian" i.e. aboriginal, while Schwenger and even the federal government later refers to their complaints as having not received promised land as compensation for military service in the War of 1812. Pag- 4 cf 5 Minister st°_ a:t April 23, 1999 Your Questions and Answers document has evoked further questions. On what basis is the statement made in Question 2, that negotiations with a First Nation over the creation of a new reserve are part of the day to day business of the municipality when no such negotiations have ever taken place in southern Ontario before? In Question 3 will the Drainage Act of Ontario apply to Reserve lands? In Question 4 are there outstanding - claims being asserted by Caldwell First Nation to any bodies of water or lands under bodies of water? Why did the government not settle all outstanding matters, including Pelee Island, Point Pelee, hunting, fishing and other aboriginal claim issues such as the Treaty of 1870, the Pelee Island Lease, Treaty of 1825 and the Treaty of 1827? Why was any claim against Her Majesty in any capacity not settled in the Settlement Agreement? Minister, the purpose of my letter is to seek to resolve historical and factual questions that need to be answered in a detailed manner, in order that my client can understand clearly the reasons for your decision. I also understand that the government is presently considering two reserve status applications of specific parcels of land (approximately 68 acres and 3 acres). I refer to your policy guideline entitled Additions Proposal Checklist. Could you please provide the Municipality of Chatham -Kent with information contained in the application and government proposals and /or review material concerning the following: a) Composite of the Off Reserve Community; b) Projected Social, Housing and Community needs (Section C.5); c) Projected costs (Section D.5); d) Provincial concerns (Section D.7 -1); e) Views of Other Government Agencies (Section D.8); and f) Present and Proposed Use of Land (Section D.9). Again we would appreciate receipt of all pertinent information on the above noted issues from both the application and the government review of it. I would appreciate your early response in order that the Municipality of Chatham -Kent can review the validity of the claim and its Page 5 ors Minister Stewart April 23, 1999 potential impact prior to responding further. The municipality of Chatham -Kent requests a meeting with you to discuss your response to these questions and issues at the earliest possible opportunity, kindly advise as to a date and place convenient to yourself. Yours truly, AWP /br Alan W. Pope I`1'YUNICIPALITY OF CHATHAM -KENT OFFICE OF THE MAYOR T William K. Erickson. Civic CENTRE • P.O. BOX 640 • CHATHAM. ONTARIO • N7M 5K8 Mavor TELEPHONE: (519) 436-3219 FAx: (519) 436-3237 May 3, 1999 The Honourable Jane Stewart Department of Indian Affairs & Northern Development 10 Wellington, 2 1 � Floor Hull, Quebec K 1 A OH5 Dear Ms. Stewart: Our counsel, Alan Pope, has previously written to you expressing our concerns over the validity of the Specific Claim Application of the Caldwell First Nation and the proposal to create an independent reserve in the middle of our municipality. Our questioning of whether a lawful obligation exists and whether such a reserve should be created is not an attack of our fellow residents and neighbours who are members of the Caldwell First Nation but rather a reaction to your Department's archaic, unrealistic and erroneous policies of excluding municipalities from participation in specific claim, treaty and aboriginal negotiations and your Department's traditional rejection of community consultation prior to concluding negotiations on these matters. The consequence of these policies are needless fear, anxiety and confrontation, seen here in Chatham -Kent and in many other areas of Canada. At its meeting of May 3, 1999, the Council of the Municipality of Chatham -Kent, by unanimous resolution, requested your urgent response to our questions as expressed in Mr. Pope's letter of April 23, 1999. We believe that it is necessary for our residents to fully understand the basis for your decisions on this matter prior to dealing with the consequences of your decision upon us. Once we receive complete answers to our questions and prior to your signing of the Settlement Agreement, we request a meeting with yourself and the Caldwell First Nation to resolve our many concerns with the Settlement Agreement and this reserve application. As a result of this meeting, we would expect amendments and additions to the Settlement Agreement and reserve order -in- council, if they were to proceed at all. Internet: wwm.cin.chathatn- kent.on.ca Chatham -Kent Call Centre: (519) 360 -1998 The Honourable Jane Stewart Page Two May.), 1999 It is the belief of the Municipality of Chatham -Kent that, at the very least, there must be an Adhesion Agreement between Canada, the Caldwell First Nation and the Municipality of Chatham -Kent and thzt Agreement adopted by reference in, and as Dart of, the Settlement Agreement. The substance o: tnis Acnesion Agreement must be con:prenznsive and ce.ai'.ec. It must answer all of our concerns with respect to the functioning of a reserve in the municipality. If such a mechanism cannot be found or if our concerns cannot be fully accommodated immediately, then it is our position that the Government of Canada ought not to ratify or sign the Settlement Agreement nor establish a reserve. Minister, our concerns are widespread and numerous dealing with such things as compatible land -use planning, agricultural productivity and policy, industrial and development policy, applicability of provincial laws and regulations and municipal by -laws on reserve, enforcement, the status of existing agencies and institutions, hunting and fishing on private and crown lands and waters, water policies and drainage, integration of municipal roads and services, municipal tax revenues, dispute resolution and intergovernmental relations. We are prepared to provide concrete details concerning these issues and, if given the chance, to offer our own proposals. I can advise you, Minister, that one thing that we cannot accept is a simple protocol agreement on process that does not fix the policies to be applied on the various matters for all reserve lands from the outset. In closing, I again ask for your urgent response to Mr. Pope's letter of April 23, 1999, and ask that you please confirm an early meeting date. Also, would you please now confirm that your government will not approve or sign any Settlement Agreement until our concerns have been resolved. Yours truly, Mayor William K. Erickson WKE /dk 02 0 SYMPHONY NEW BRUNSWICK SYWHONIE NOUVEAU- BRUNSWICK July 19, 1999 Mayor Shirley McAlary and Members of Council City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Hon. McAlary and Members of Council, As you and the City of Saint John have loyally supported Symphony New Brunswick, and have a keen interest in the recent developments of the organization, the Board of Directors wishes to forward to you, the letter enclosed. We hope that this letter describes the position of the Board of Directors of Symphony New Brunswick, and clarifies any concerns that you may have. We hope that we can count on your understanding of this sensitive situation, and we also hope for your continued support through the coming 1999 -2000 season. If you have any questions or concerns, please do not hesitate to contact the Board members listed on the letter, or me at the Symphony office (506) 634 -8379. Thank you for your time. Nurhan Arman Sincerebl yours Music Director � > Direc[eur musical Lisa Lamb General Manager encl. 32, rue King Street Saint John, NB Canada E2L 1G3 Tel. /Tel.: (506) 6348379 Fax / T €lecopie : (506) 6340843 1- 800 -848 -3311 Email /C. elec.: symphony@nbnet.nb.ca Web : http : / /www.culturenet.� /Imperial /snb �e � SYMPHONY NEW BRUNSWICK SYMPHONIE NOUVEAU - BRUNSWICK June 28, 1999 Dear Friend of Symphony New Brunswick, Thank you very much for being a part of the Symphony New Brunswick family of concert-goers and financial supporters. We greatly appreciate the role you have played in helping bring beautiful music to New Brunswick audiences for the last 15 years. Some of our supporters have asked for clarification of the Board's decision to open the role of Music Director to competition for the 2000 -2001 season, and have expressed concern about the manner in which they have learned of the Board's plans. With respect to the Board's not advising various stakeholders about the issues around the Music Director's contract, we feel it is important that you know we were bound to keep all such discussions confidential due to contractual obligations with Mr. Arman. It would have been inappropriate, and a breach of Mr. Arman's contract, for the Board to initiate public discussion about future plans for the position of Music Director. Now that the decision to open the Music Director's position to competition has become public Nurhan through other channels, we would like to give you some information about the Music Director Arman Musk Director issue, as well as some background on other activities taking place at Symphony New Brunswick. Ml lc urector l g 1) Music Director Competition: In order to take full advantage of the many exciting and relevant programming opportunities available in a province as culturally -rich as ours, the position of Music Director will be opened for competition, with potential candidates conducting the orchestra beginning in the 2000 -2001 season. A joint committee comprised of orchestra players and board nominees will undertake this task. Long -time orchestra supporter Walter Ball is heading up the formation of the committee and will be communicating regularly with you in the future about its progress. 2) Programming Committee: Symphony New Brunswick is forming a new Programming Committee to review programming opportunities that fall outside of the traditional symphonic repertoire. These activities include children's concerts, joint productions with 32, rue King Street other community and provincial arts organizations, Pops concerts, etc. The committee Saint John, NB Canada E2L 1G3 will also play an advisory role to the Board about main -stage classical programming. Tel. /Tel.: (506) 634 -8379 Fax / Telecopie : (506) 634 -0843 1- 800 -848 -3311 Email /C. Elec.: symphony®nbnet.noca Web: http: //w .culturenet. a /imperial /snb Symphony New Brunswick board member, Richard Hornsby, will chair the committee. Mr. Hornsby is a UNB Music Professor, professional musician, and the director of Fredericton's annual New Brunswick Summer Music Festival. 3) Educational Activities: A committee was formed some months ago with the goal of increasing the level of interaction between the orchestra and school age children. If sponsorship solicitations are successful, we hope to announce the most active educational program in the orchestra's history in the coming months. We would like to assure you we take seriously the mandate of the orchestra to provide New Brunswickers with outstanding musicianship, exciting and accessible concerts, and programming relevant to a wide variety of audiences - in short, to be a vital, contributing part of the cultural fabric of this province. Together, we have all shared many joy-filled evenings in concert halls around the province, and we look forward to enjoying many more years of wonderful orchestra performances. There are many ways to be a part of Symphony New Brunswick's efforts: call or write with suggestions, assist with the initiatives listed above, and of course, join us on a regular basis in the concert halls. If you would like to discuss these issues further, or help with one of the above programs, please call Board members Judith Streeter (847- 3264), Christopher Evans (634 - 2339), or Bruce Cook (847- 4031), or contact us via the Internet at svmphonv n nbnet ca. Thank you again for your support of the orchestra, and for giving us the opportunity to present this information to you. Bruce Cook President, Symphony New Brunswick Y/ Re: former Centenary Queen Square United Church 95 Wentworth St. 241 Princess St. Mayor and Council of the City of Saint John P.O. Box 1971 Saint John, NB. Your Worship and Councillors; 509730 NB. Ltd. c/o Philip Huggard 16 Peters St. Saint John, NB. July 22nd, 1999 We all breathed a sigh of relief when it was learned for sure that the Centenary Queen Square United Church building would not be demolished. As the new owner I am asking you to designate the building as a heritage site. This will make the landmark at 95 Wentworth St/ 241 Princess St. less likely to be subject to demolition, and encourage its preservation as the important architectural treasure of our City that it is. Of course, I will be standing down from my position on the Preservation Review Board for any votes on this matter. go JUL 22I GIT' or W. : ..,. . Yours very truly, l� P clip Hugg d, President 92 July 22, 1999 Her Worship Mayor McAlary and Members of Council City Of Saint John, City Hall, Saint John, New Brunswick Ladies and Gentlemen, Beatty & the Beastro, located in the Admiral Beatty Complex at King's Square requests permission to place three small, two seat each tables, with small umbrellas on the King's Square sidewalk outside the restaurant during the peak season of summer. Particularly during Festival by the Sea and other scheduled events, tourists and our "local" regular customers have stated desire and enthusiasm for being able to enjoy their luncheon or dinner out- of- doors. Beatty & the Beastro is proud to be the most highly rated ( two star - Where to Eat in Canada ) restaurant in New Brunswick, and as such, is a destination tourists to our wonderful City seek out. The service of out -of -doors dining will be an asset ( as well as additional seating and therefore revenue! ) we can offer guests to the City. As well, we would have greater visibility, as well as a similar service enjoyed by restaurants (and diners!) in our immediate vicinity. The sidewalk on the Kinc the street, and would not would use approximately take pride in our location decorative. We propose Heritage area. 's Square southern side is wider than usual, slanting towards impede pedestrian traffic in any way. The tables and chairs four feet of the space, immediately adjacent the building. We and our City, and the area will be kept scrupulously tidy and that the umbrellas will be plain, dark green, in keeping with the We appreciate your attention, and look forward to your favourable response to our request. Yours very truly, Helen F. Buck Owner, Beatty & the Beastro 60 Charlotte Street Saint John, New Brunswick E2L 2H9 telephone /FAX 652 -3888 ift 22 1999 trl�� µOT�RY a,� P FR,vAt�aa Campaign Chairman Chairman - Heinz G. Schaerer Vice - J.C.Robert Lockhart Major Firms C. E. Kit Payn Helen E. Halliday Local Firms Stephen E.Witters Jay D. Kimball Foundations William H. Teed, Q.C. Ross S. Coates Individual Givers David D. Babineau Peter T. Dolan C.P. Thedault Debbie Cooper Government D. McGregor Hope Lisa A. Keenan Rotarians David J. Mernthew Bernard J. Cormier Publicity Mark T. Richards Robert W.Doon Finance David B. Coughlin Frank G. McCarey Building Committee J.C. Robert Lockhart Frank G. McCarey Peter T. Dolan Guy W. Richards C.P. Theriault Debbie Cooper Rotary Club of Saint John 1998 -1999 President - Frank G. McCarey President Elect - Basil L. Thibodeau Vice - President - Bernard J. Cormier "Building Today ... For your Tomorrow" Rotary Building Fund The Boys & Girls Club of Saint John P.O. BOX 6893, Sta. A VV SAINT JOHN, N.B., E21, 4S3 e -mail: sirotaryclub(a)intellis.net http.,IAv wv.intellis.netlsjrotaryclub JULY210 1999 MAYOR SHIRLEYMCALARY & COUNCIL CITY OF SAINT JOHN City Hall, 15 Market Sq. Saint John, N.B. Dear Mayor McAlary: The Saint John Boys & Girls Club has been serving the city of Saint John, and in particular the South End, for almost 100 years. It has an outstanding record ofproviding support, encouragement, and training to an area of Saint John that has great need for such an organization. The volunteer component of The Saint John Boys & Girls Club is simply outstanding. Following a disastrous fire in 1975, the Saint John Rotary Club took on the task of raising $1, 000, 000.00 to rebuild the club. It has continued to financially support the club on a year to year basis. The club is now in need of significant renovations to allow it to continue with its important work, The Saint John Rotary Club has committed itself to raise $400, 000.00 for this work. The Rotary Club itself has committed $75, 000. 00, individual members of the club a minimum of $10,000.00, The Saint John Boys & Girls Club Endowment Fund $75,000.00.. The remainder will be raised from local businesses,, individuals and governments. I am enclosing a copy of the costing details relative to the renovations. To complete this important project we need your financial support. We are requesting a contribution of $I S 000 00 We recognize that this is a significant amount of money, but we know firsthand the tremendous work done by The Boys & Girls Club and its mainly volunteer group. Your commitment to this project would be a very positive indicator to others we approach, and we would sincerely ask for your early and favorable consideration. We do recognize you do assist the Club on an ongoing basis. This is a special need situation. If there is any additional detail that you require, we would be pleased to hear from you. We request the opportunity to make a formal presentation before open council. JUL 2S 1999 truly, 0 ®� / � __ OBJECTIVE: SIO 7p *0^RED CHARITABLE ORGANIZATIOl WG. NO. 0239558 -65-05 8(//��ry F"+�0r# I' ,R(JWNL Rotary Club of SaintJohn In partnership with the community Boys & Girls Club Project JUN -17 -97 THU 10:15 AM BEACON LAB _ 15066348967 P.01 %rLOBAJ D E S I G N A N D CONSTRUCTION 4 June 99 The Rotary Club Of Saint John. P.O. Box 6893 Station A Saint John, NB E21, 4S3 Dear Rotarians, Global Design and Construction have been asked by Rotary to be the project managers for the renovations to the Boys and Girls Club of Saint John. As such, we have completed our investigation, developed plans, a scope of work and prepared a budget for Improvements. We have tendered the project and are now prepared to move forwared with construction. Upon visiting the building and speaking with staff, we quickly realized that the club was overdue for some renovations as they are having trouble meeting current demands of the community. Our initial Impression was that the club was dark, well -worn and in general need of upgrades. Some of the challenges that the Boys and Girls club are currently facing include a lack of space, restricted access (no provisions for handicapped), and interior finishes that appear very "tired ". The following items are the highlights of what is included in our scope of work; • In regard to the needs of the handicapped, we have included in the scope of work the addition of a handicapped lift. This will allow easy movement between the two floors which currently does not exist. Also, we have allowed to convert an existing washroom to barrier - free. • We have addressed the need for more space by suggesting that a room be built above the existing stage. The use of the stage will not GLOBAL DESIGN AND CONSTRUCTION LIMITED ... 2 Head Office 57 Carleton Street Saint John, New Brunswick EZL 2Z2 Moncton, New Brunswick Fredericton, New Brunswick Tel: 5G6 652 40.55 Tel: 566 384 4655 Tel: 506 459 2882 Fax: 506 652 4174 JUN -17 -97 THU 10:16 New Floor and Wall Tile: AM BEACON LAB _ 15066348967 P.02 Plumbing: $147650 Electrical: $247425 Gym and Stage Curtains: $26,300 Washroom Accessories: $16,787 Cabinets /Vanities: $6,750 Paving: $7,538 Sitework: $317465 General Conditions: $41,030 _2- be affected by this. Also, we are planning to convert the apartment in the basement to usable kindergarten space. • The floors in certain rooms were an immediate safety concern for us. Specifically, the Rotary Rm. and the Locker Rms. In these areas the floor was observed to warped and wavy. As a matter of safety and aesthetics, we have allowed to remove the existing plywood floors in these areas and replace them with new. • We will be vastly improving the appearance of the club by supplying and installing new interior finishes. This will include new flooring, paint, and t -bar ceiling grid and tiles throughout the majority of the club. The washrooms will receive new ceramic floor and wall tile, toilet partitions, vanities and mirrors. • The gym will be receiving a new full height divider curtain as the existing is in poor condition. • Exterior repairs include replacing portion of damaged concrete walkway, damaged metal siding, new signs, replacement of damaged windows, repaving asphalt in driveway and landscaping. • The staff had a concern regarding the quality of the air in the building, some complaining of headaches and sickness. We have carried out an indoor air quality test and determined that a major ventilation upgrade was not required. However, we have made suggestions for improvements. This project has an overall budget of $360,728. The following breakdown shows budget numbers for major components of the project; Handicapped Lift: $38,800 New Rooftop HVAC Unit: $29,038 New Floor and Wall Tile: $497300 Drywall, Ceilings and Painting: $647250 Doors and Windows: $10,395 Plumbing: $147650 Electrical: $247425 Gym and Stage Curtains: $26,300 Washroom Accessories: $16,787 Cabinets /Vanities: $6,750 Paving: $7,538 Sitework: $317465 General Conditions: $41,030 1913 JUN -17 -97 THU 10:17 AM BEACON LAB _ 15066348967 P. 03 - 3 - it has been our pleasure to assist the Boys and Girls Club and Saint John Rotary in the development of this project and urge the community of Saint John to support this project by contributing to this fund raising drive. Regards, Peter Milan, Project Manager, Global Design and Construction Al [� Hazen Street /]..// J Saint John, New Brunswick ;~ �L' (506) 652 -2437 Saint John patron R Gordon Fairweather; O.C., Q.C_ Fax (506) 652 -2438 EducaSon • Prevenfion • Support July 20, 1999 Shirley McAlary, Mayor Common Councillors, City of Saint John PO Box 1971 Saint John; NB E2L 4H8 Dear Mayor and Councillors: AIDS Saint John is currently part of an umbrella group of 20 community based organizations involved in trying to put in place a program of outreach with street people called Street Outreach Options Program (S.O.O.P.). The program is concerned mainly with harm reduction education for people at high risk for STDs and other blood home infections. One important component is a drop -in centre which would serve as coordination base for services and programs for those at risk i.e. sex trade workers and/or intravenous drug users (I.D.U.$). A six month pilot project in 1998 has convinced us of the need of such a multi- faceted user orientated program. As you may be aware AIDS Saint John has the only condom distribution and needle exchange program in our area, but unfortunately we cannot operate these services during peak clientele hours, that is between 8:00 p.m. and 4:00 a.m., when the demand for needles and condoms is at its highest. S.O.O.P has applied to Health Canada for funding from AIDS Community Action Program (ACAP) for the data collection and evaluation components of the program. S.O.O.P. would value meeting with the Commission so that we can outline in detail our program and how you may be able to help those requiring emergency, short term, and long term service. We would appreciate meeting with you at the Council's convenience to discuss these issues with you. You may contact the undersigned should you need more information. ur ly, J �l IDi✓h�� J ilith Meinert ll xecutive Director AIDS Saint John encl: inter- agency committee Charitable Registration k 0846527 -11 RECEIVED XOAMR MEW$ ! *M[€ a '$IAlkp 3(1), A Member or the CANADIAN AIDS SOCIETY Attachment 2 INTER - AGENCY COORDINATING COMMITTEE To promote the Street Options Outreach Program initiative, an-inter-agency coordinating committee was formed that has included in one capacity or another the following organizations /agencies in its loosely defined membership: Coverdale Centre AIDS Saint John John Howard Society -Saint John Branch Euphrasia Residence Outreach Ministry, Saint John Presbytery/United Church NB Dept. of Health and Community Services Public Health Community Health Care Ridgewood Addictions Centre NB Dept of Solicitor General: Probation Saint John Regional Correctional Centre Urban Core Support Network Hestia House Saint John YM -YWCA Sisters of Charity Romero House Human Resources Development NB Salvation Army Elizabeth Fry Society Downtown Ministries Association Community Policing Branch of the Saint John Police Dept. Street Outreach Project Workers Attachment 4 INTER- AGENCY SUB - COMMITTEE Sister Pauline Butler Diane McGovern Margo Savoy Judith Meinert Betty MacDonald Erika Ganz Pauline Savard Syd Rutkowski Euphrasia Residence Outreach Ministry John Howard Society Aids Saint John Coverdale Centre Outreach Worker Outreach Worker Outreach Worker A Attachment 5 PARTNERSHIPS AQencv Contact Telephone Coverdale Centre Betty MacDonald 634 -1649 Role: administration of the project, staff time, project development, link to potential consumers who are incarcerated, sharing material resources, expertise. AIDS Saint John Judith Meinert 652 -2437 Role: Staff/volunteer training, needles, occasional pamphlets sharing of information, Quality Assurance Com.fittee (QAC) membership, expertise. John Howard Society Margo Savoy 632 -0800 Role: Staff/volunteer training, support from Hart House re security, cell phone, soup, photocopying, QAC membership, office equipment donations, staff time, expertise. Hestia House Elaine Northrup 634 -7570 Role: Staff/volunteer training, shared donations, i.e. clothing, safe housing for abused women, expertise. Public Health Olive Keith 658 -2269 Role: Training, general pamphlets, sharing of information, Hepatitis B shots, QAC membership, expertise. Erika Ganz 674 -2333 Role: Volunteer time, car, gas, munchies, coffee, clothing distribution, QAC membership. Euphrasia Residence Sister Pauline Butler 634 -1998 Role: Soup, referral source, emergency assistance, QAC membership, expertise. Community Health Centre Jean Ann Dickeson 632 -5537 Role: Training room, sharing of information, QAC membership, expertise. Making Waves Simone Harris 634 -7570 Role: QAC membership, expertise. Department of Solicitor General Kathie Rodger 658 -2495 Role: Staff /volunteer training, occasional photocopying, program seats, possibly $1,000.00, expertise, QAC membership. r t United Church Outreach Ministry Diane McGovern Role: Photocopying, $200.00, staff training, QAC membc YM/YWCA Marie Rackley Role: Emergency shelter, fitness memberships Sisters of Charity Sister Angie Martz Role: $500.00, staff training, expertise, QAC membership. Saint John Police John Sabine 658 -0219 rship, staff time, expertise 634 -7720 847 -7542 648 -3219 Role: Security, staff training, expertise, QAC membership. HRDNB Cathy Cameron 658 -5437 Role: Referrals to programming; possible assistance with childcare, bus passes, QAC' membership, expertise, QAC-membership. Saint John Regional Correctional Center Heather Harrison 658 -5400 Bruce Kingston Role: QAC membership, food, expertise. Community Food Basket Role: Doughnuts, cookies, sandwiches Community Chaplaincy Role: QAC membership. Romero House Role: Soup kitchen. Dave Hardy 634 -8218 Carolyn McNulty 642 -7447 RESEARCH EXPERTISE AQer-cv Contact Telephone Criminal Justice Institute Dr. Paul Gendreau 648 -5640 Role: Volunteer time, research expertise, training in conducting non -biased interviews, sharing of research materials. Contract re- evaluation. Urban Core Support Network Brenda Murphy 642 -9033 Role: Sharing of information, staff training, staff time, research expertise, QAC membership. 9 ZA July 21, 1999 Mayor McAlary & Common Council P.O. Box 1971 Saint John, N.B. E21, 4L 1 Dear Mayor & Councillors: We the citizens of Latimore Lake and surrounding areas would like to thank the Mayor and Councillors for the respect that they showed us on July 12, 1999, during our presentation against the rezoning of 475 Latimore Lake Rd. We felt, when we went before P.A.C. on June 22, 1999 that we were treated with disrespect. We felt that our dignity was taken away from us at P.A.C. and were appreciative of the respect and dignity that council showed us. We are citizens who want to enjoy our community and are willing to live harmoniously with our present neighbors and we would hope they would want the same. We have several pits in our area and we feel that we do not want and definitely do not need anymore. In all the years of their existence we have never felt that they were good neighbors. We hope as more people come forward with concerns that some positive changes might come about. Once again we wish to express our thanks and gratitude for the respect and dignity which you, The Mayor and Councillors, extended to us. r OUTY OF es ectfully yours, C Latinore Lake & Surrounding Area Residents Association Odette McGrath - Spokesperson Margaret Dubee - Co- Spokesperson