Loading...
1999-08-09_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at August 6, 1999. 1. Meeting called to order, 7:00 p.m., Monday, August 9, 1999 - prayer. 2. Approval of minutes (July 26, 1999), 1:111:104101 3. 7:00 p.m. Ja) Proposed Municipal Plan amendment to redesignate on Schedule 2-A a parcel of land with an area of approximately 13 acres located at 812 Grandview Avenue, from Low Density Residential to Heavy Industrial classification, to construct a maintenance garage on-site to be used in conjunction with the existing use of the property for the storage of construction vehicles, as requested by Thomas Construction Limited. (b) Proposed Zoning By-law amendment to re-zone the same parcel of land from "RS-2" One and Two Family Suburban Residential and "RF" Rural to 1-2" Heavy Industrial classification. (c) Report from Planning Advisory Committee re proposed amendment. 4. 7:00.p.m. Public presentation of proposed Municipal Plan amendment to amend Part 10 (Peninsula Neighbourhood Plan) by adding to Policy 1. 1. 8 and Policy 2.1.1, to permit re-zoning, from "RM- IF" Multiple Residential Infill to "B-2" General Business classification, of a parcel of land located at 124 Waterloo Street, and subsequent development of a surface parking lot, as requested by the Catholic Diocese of Saint John. 5. Mayor's remarks. COUNCIL MEMBERS 6, Re Saint John Shipyard (Councillor Vincent). 7. Re timing on walk light for pedestrian crossing on McAllister Drive (Councillor Vincent), *7A. Re appointments to Cities of New Brunswick Association Committees. *7B. Re sale of Old General Hospital and Nurses' Residence sites, Waterloo Street. CITY MANAGER 8. Report re tender for motorized equipment - Water and Sewerage. 9. Report re tender for sodium hypochlorite. 10. Report re tender for Contract 99-12, Kennebecasis Drive construction of gravity sewer and force main. 11. Report re proposal for digital blower and dissolved oxygen control systems, Lancaster wastewater treatment facility. 12. Re cost for additional work, Contract 99-5, Phase VIII closure, Spruce Lake landfill. 13. Response to July 12 request for information on pits and quarries. 14. Response to June 28 referral of letters re zoning of property behind Milford Road and unsightly condition of Mary's Place, Dominion Park Beach. 15. Response to June 28 referral of letter re condition of property at 941 Golden Grove Road. 16. Response to July 12 request for report re temporary use of property 475 Latimore Lake Road. 17. Interim report in response to July 26 referral of matter of temperature and humidity at City Market. 18. Response to July 26 referral of request for paint supplies for South End Planning Committee project. 19. Response to July 26 referral of request for planting and landscaping materials for Animal Rescue League project. 20. Proposed amendment to March 1, 1999 Council resolution re sale of Lot 97-1, Paradise Row, 21. Re improvements to King's Square through partnerships. 22. Proposed Street Closing By-law amendment re Simpson Drive/land exchange/adjustment of Simpson Drive right-of-way and proposed Section 39 amendment re 77 Glen Road. 23. Purchase of land for realignment of Magazine and Metcalf Streets. Page Two. COMMON COUNCIL AGENDA - as at August 6, 1999. COMMITTEESICOMMISSIONS 24. Committee of the Whole report (July 26, 1999) - (1) remuneration - Commissioner of Finance and Commissioner of Corporate Services; (2) re purchase of land for Birchmount Road widening; (3) re sale of 3 Angus Court and Lot 98-6 Latimore Lake Road. 25. Planning Advisory Committee re exchange of land for public purposes, 101 Boars Head Road. 26. Greater Saint John Economic Development Commission, Inc. re joint meeting with Councils of participating municipalities. GENERAL 27. Letter from Barry Odgen re featuring of Marco Polo on interpretative panels at Cavendish, PEI. 28. Letter from FCM in response to October 19, 1998 Council resolution re tax deductibility for campaign donations. 29. Letter from Bill Branscombe re improvements to boardwalk area. 30. Letter from Jack Campbell re tree planting in newly developed areas. 31. Letter from Eric L. Teed re street decorations for Year 2000. 32. Application of Matrix Properties Inc. for amendment to Section 39 conditions of re-zoning of 189 Waterloo Street. 33. Application of Stephanie J. Thompson, Solicitor for East Coast Convenience Stores Ltd., for amendment to Section 39 conditions of re-zoning of 77 Glen Road. 34. Request of New Brunswick Power to purchase land on Bayside Drive. 35. 4:30 p.m. - Meeting with the Minister of Transportation, 36. Nominating Committee report. 37. Re Old General Hospital site (City Manager). 38. Re Simms Corner improvements (City Manager). 39. Re sewer easement - Rothesay Avenue and McAllister Drive widening (City Manager). 40. Re offer to purchase land on Chesley Drive (City Manager). 41. Re City vehicles (City Manager), 42. Re 2000 Operating Budget (City Manager), 43. City Manager's update. 44. Mayor's update. ""I / RE: W 812 GRANDVIE AVENUE � Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held on Monday, August 9, 1999 at 7:00 p.m., by: Redesignating on Schedule 2A of the Municipal Development Plan, from Low Density Residential to Heavy Industrial, a parcel of land with an area of approximately 13 acres, located at 812 Grandview Avenue, also identified as being NBGlC #348342, as illustrated below. !t. Rezoning the same parcel of land from "RS-2" One and Two Family Suburban Residential and "RF" Rural to "1-2" Heavy Industrial. (INSERT MAP) REASON FOR CHANGE: To construct a maintenance garage on-site to be used in conjunction with the existing use of the property for the storage of construction vehicles. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. X'A City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0000 442 20 10 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, July 13,1999 Tuesday, August 3, 1999 Date(s): Date(s): Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] Tender(s) F-1 Proposal(s) ✓ Public Notice(s) Sub-Headline Text: El Mayor's Message F-1 General Notice(s) 1126,10 -OWNINNIU41111 Call to Action: Mary L. Munford, Common Clerk Contact: Telephone: (506) 658-2862 office of the Mary L. Munford Common Clerk Common Clerk Emus= Thomas Construction Limited 190 Golden Grove Road Saint John, NB E2H 1X4 Dear Sir: PO. Box 1971 506 658-2862 Saint John New Brunswick Canada E2L 41.I At a meeting of the Common Council, held on June 28, 1999, the following resolution was adopted, namely:- I"It- City of Saint John " RESOLVED that the application of Thomas Construction Limited for a Municipal Plan amendment and re-zoning of property located at 812 Grandview 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, August 9, 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 M Office of the L -Munford PO, Box 1975. 506 658-2862 Common Clerk Coinpron CI-Irk Saint John New Brunswick Canada E2L 41-1 June 25, 1999 elin Her Worship Mayor Shirley McAlary City of Saint John and Members of Common Council City of Saint John Saint John, NB Your Worship and Councillors: Following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the attached application of Thomas Construction Limited for a Municipal Plan amendment and re- zoning of property at 812 Grandview Avenue, and the attached written objections have been received in this regard. Council, it it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning, schedule a public hearing for Monday, August 9, 1999, at 7:00 o'clock p.m., and request the views of the Planning Advisory Committee. Yours truly, Mary L. anford Common Clerk attachment A , JY _Zt RE: 812 GRANDVIEW AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would redesignate on Schedule 2A of the Plan, from Low Density Residential to Heavy Industrial, the following property: A parcel of land with an area of approximately 13 acres, located at 812 Grandview Avenue, also identified as being NBGIC #348342, as illustrated below, (INSERT MAP) REASON FOR CHANGE- To construct a maintenance garage on-site to be used in conjunction with the existing use of the property for the storage of construction vehicles. de A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, May 25, 1999 in the Council Chamber, Lobby Level, City Hall. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by June 24, 1999. Enquiries may be made at the office of the Common Clerk or the Planning Department, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. I JON I w INO"KNE 100 A 1114 V 11IN"'Imn NenLs qer Insertion Dates (Check as applicable) (SJTG=Saint John Times Globe; T-J= Telegraph Journal), Section Headline: F-1 Tender(s) E] P,roposal(s) ( Public Notice(s) E] Mayor's Message � General Notice(s) Sub-Headline (if applicable): Text- INSERT ATTACHED Call to Action: Mary Munford, Common Clerk Contact: I Telephone: (506) 658-2862 06/24/1999 15:27 506--648-0201 PAGE 01 Saint John Common Council A RE., 812 Grandview Avenue Amendment to the Municipal Development Plan which would redesignate on �Chedulo 2A of the Plan from Low Density Residential to Heavy Industrial. I wish to take this opportunity to strongly object to the zoning proposal that wou see this parcel of land (13 acres) located at 8 12 Grandview Avenue being redesignat • Heavy Industrial from the Low Density Residential it presently has at this time. I AN Z Outdoor Advertising" and also to "erect a garage for maintenance of Thomas Construction vehicles". My objections are centred on the fact that the proponent project may result in the Municipal Plan in that there would have to change Land Use Designation to Heavy Industrial. As well there is a proposal to make a change in the zoning to 1-2 Heavy �ndustrlal. Let me begin by stating this is one way to drive out stable ratepayers homeowners who live nearby on Grandview Avenue and Champlain Heights, This will be straw that will break the camels back in so far as adding an additional heavy industrial area with some A -Y,f the biacest industhal- This proposed Municipal Plan amendment will have a detrimental and adverse effect • the surrounding residential areas who have to co-exist with the largest oi I refine in Canada, a power generating plant (Curtana Bay), a paper mill, a truck transportatio )I area, a Praxair Carbon Dioxide Plant along with numerous small and med'ium ligY 1 06/24/1999 15:27 506-648-0201 PAGE a2 industrial operations at the industrial park. What more can we take! This proposal will expand the development permitted under Heavy Industrial. a change could even be considered so close to residential homes, neighbourhoods whei ihousand of people are trying to raise a family and enjoy a quality of life free from futuro environmental and adverse health impacts we already experience- Please no more heavy industrial land use designations, we can't take much more. ME =e r;MffM,M* - 11. Continuation of and increase in the already practice of this company polluting our community with these diesel trucks by polluting emissions from poorly maintained or old emission exhaust systems. Over the years this company has operated its fleet of trucks in such a manner that have significant emissions of exhaust soot particulate material. I have placed calls to this company and asked them to upgrade or maintain these exhaust systems to prevent these emissions. VA s' e Ill 111111111 IS Ill i P 11 � I I III! III I'll I I I ril I : I mill, • 6 1-1 1 Q= not cope or accept the encroachment of heavy industrial development in their backyard and unfortunately moved to surrounding municipalities. Kennebecasis Valley in particular- 91 Lo 0 Avi ja V) '4Z 03 u C� 0 Cd 4- Q) as 0 —Cd 03 cd c3 C6 CIS Q r, v Cd co M� -d bf) C (4� 0 Cd >, C,4 0 Q Cq C) 0 > Cd O CA Q) > CO• Dn Cd cd 0- 14R, 4- V) ar.) cd iu *J, u C"d -,"n J--: vs 4) V) CA j-- � > ct) w bl) t) v N CJ cd 43 4� C4:; V :3 C) JP0 Cn 4 Cd 0 O � ^ 0) 0 C) 0 C13 -0 +1 —a) G 9.1 Cd 0 cn >, J4 0 +C� Ctj 0 to 'A a) o ' as - cj " 0 "o Cd 0 Ca. 0 Cd 14 10) CA Cd cd (41 0 0 LO a$ 4 '4Z 03 u C� 0 Cd 4- Q) as 0 —Cd 03 cd c3 C6 CIS Q r, v Cd co M� -d r.( en en 00 4) CA Q r. Ln 4- 00 cz 4-1 ct Q) L) C4 rS C) C) 0 as z m C14 00 .— 03 U o ca cl C/D .,e U 0 14� C,3 0 (D Cd 4.1 u cd CA r- 0 V) Z: cli Z E 0 7:i 0 En a3 vs cn co u U) E 0 En Cd cn td 4 z v 4 VI ul VS Cd td 0 Cd >, C,4 Cq O CA Q) > CO• Dn Cd cd 0- 14R, 4- V) ar.) cd iu u 40, r.( en en 00 4) CA Q r. Ln 4- 00 cz 4-1 ct Q) L) C4 rS C) C) 0 as z m C14 00 .— 03 U o ca cl C/D .,e U 0 14� C,3 0 (D Cd 4.1 u cd CA r- 0 V) Z: cli Z E 0 7:i 0 En a3 vs cn co u U) E 0 En Cd cn td 4 z v 4 VI ul VS Cd z C� t, — , R "I -,-- cc U V) �)o Ln L I 4� Co t :3 > -7� 03 113 -�; = " (,) aj .11" -6 ­3 V. �D m 'S u� cn cn can 0 Q) oe V 71 to Z3 'd cd C� , -K:s tD t� ;> CA t:� t - 0 , E _0 co On m .0 A 00 0 cor) -0 420 E 0 bf) CC CC U cd CL — ut 0 U cz C) 0 o CJ CIO cn 0) rk c I:L 47 Cl� Ell CKI a) 'n P-4 r- Q C). ol 0 -0 o � R Cd En 0.) 1 5 L I 4� Co t :3 > -7� 03 113 -�; = " (,) aj .11" -6 ­3 V. �D m 'S u� cn cn can 0 Q) oe V 71 to Z3 'd cd C� , -K:s 0 U. 7:1 Z I Q) 4 >1 _0 On m .0 A 00 0 cor) -0 420 d in. C=d CC CC U cd CL — ut 0 U cz C) 0 o CJ CIO cn 0) rk >1 Q) 47 CKI a) 'n P-4 r- Q C). ol cd -0 03 � M = Cd a C) (4. cn 0 W cz cd Q) (D r. o .� cd E ch (U a cd cd r, cu > 0 ctl o ol Z:" 4� 4� cl al tn tn -E. Lt cc r- t4z, Oj Q 0 vi Cj -15 (1) C; cwd .2:� cd En cd :3 Q) u -0 (D 0 4-� can U = - - �o z cd 0) C6 "d cd Cd 1 rz WO � V5 'A :3 or) Cc) CKS C) Lo Eel 0 cn ? 0 Ics. t6 to t�o Q,) u L I 4� Co t :3 > -7� 03 113 -�; = " (,) aj .11" -6 ­3 V. �D m 'S u� cn cn can 0 Q) oe V 71 to Z3 'd cd C� , -K:s " C.) I 0 > 0 aA C:4 . Ln (4:4 C's C/) V) VI 4) 0 4- ct -cl u > aj tn cn o 1. 0 :tl >1 Q cd +� coi un 0 0 —,J C. -0 Cd cd 0 0 con 0 I- ;Z z �: co Cj 0 u "2Z �o I <D o 00 C41 Cd — Q) 0 21) 0 > 0 44 C's cn cc cc C) 0 0 7:1 o ct) 0 Cd (40, 4't r� O 0 ;> 0 C) u) ctj o o Cj (1) 0 6. -6 4 -0 w Cd 0 cd U ran � > 0 U. 7:1 Z I Q) 4 >1 (1) Z On m .0 A 00 0 cor) -0 420 d in. C=d CC CC U cd CL — ut 0 U cz C) 0 o CJ CIO cn 0) rk >1 Q) 47 CKI a) 'n P-4 r- Q C). cd -0 03 � M = Cd a C) (4. E " C.) I 0 > 0 aA C:4 . Ln (4:4 C's C/) V) VI 4) 0 4- ct -cl u > aj tn cn o 1. 0 :tl >1 Q cd +� coi un 0 0 —,J C. -0 Cd cd 0 0 con 0 I- ;Z z �: co Cj 0 u "2Z �o I <D o 00 C41 Cd — Q) 0 21) 0 > 0 44 C's cn cc cc C) 0 0 7:1 o ct) 0 Cd (40, 4't r� O 0 ;> 0 C) u) ctj o o Cj (1) 0 6. -6 4 -0 w Cd 0 cd U ran � > 0 U. 7:1 Z I Q) C) R On m � 0 -0 420 d in. C=d 0 U cd CL — " C.) I 0 > 0 aA C:4 . Ln (4:4 C's C/) V) VI 4) 0 4- ct -cl u > aj tn cn o 1. 0 :tl >1 Q cd +� coi un 0 0 —,J C. -0 Cd cd 0 0 con 0 I- ;Z z �: co Cj 0 u "2Z �o I <D o 00 C41 Cd — Q) 0 21) 0 > 0 44 C's cn cc cc C) 0 0 7:1 o ct) 0 Cd (40, 4't r� O 0 ;> 0 C) u) ctj o o Cj (1) 0 6. -6 4 -0 w Cd 0 cd U ran � > J-- o L) en 4n Q 0 IJ Z3 cd 0. CLI 0 aj -"0 u -t-. 0 u cd Cfj is m o co ja, 0 rn cd C,3 C) m Cj V) a O 0. W 10 v C6 U i1 dy bbl E ;-- 0 Cd 4:1 = li " Q C) v) C=. L41) 0 U. 7:1 Z I � C 40 - 16 On m 0 -0 420 0 0 U cd CL — 0 0 J-- o L) en 4n Q 0 IJ Z3 cd 0. CLI 0 aj -"0 u -t-. 0 u cd Cfj is m o co ja, 0 rn cd C,3 C) m Cj V) a O 0. W 10 v C6 U i1 dy bbl E ;-- 0 Cd 4:1 = li " Q C) v) C=. L41) Z I � C I . I rn U - C'3 - 16 On m W5 ca u 0 ta U cd CL — U CJ CIO cn 0) rk >1 Q) 47 CKI a) 'n P-4 r- Q C). -0 03 � M = Jzl a C) (4. E 0 W cz cd Q) (D r. o .� cd E ch (U a cd ctl o ol Z:" 4� 4� cl al tn tn -E. Lt cc r- Oj Q 0 vi 0 f-) J-- o L) en 4n Q 0 IJ Z3 cd 0. CLI 0 aj -"0 u -t-. 0 u cd Cfj is m o co ja, 0 rn cd C,3 C) m Cj V) a O 0. W 10 v C6 U i1 dy bbl E ;-- 0 Cd 4:1 = li " Q C) v) C=. L41) (AI�CdZQ4-1 Z I m I . I rn U - C'3 - 16 On m W5 0 CN cn ta U 0 co U CJ d) u '71 t -Z5 47 CKI 'n P-4 r- Q C). -0 03 Jzl a C) v a> 0 (U a cd cd (AI�CdZQ4-1 ctj W5 0 CN cn ta U C) Remember folks like me who have lived in Champlain Heights for 20 years and hope to continue place our faith and trust in our City and Provincial regulatory agencies Please do not allow this designation change to Heavy Industrial that will remain with this land for generations, The presence of storage of trucks now is already problematic under the present Municipal Plan Use Designation • Low Density Residential and prevent zoning of RS-2 One and Two Family Suburban Residential RF Rural, To change the designation to Heavy Industrial will only cause adverse impact to the land and surrounding areas. Vi, June 22, 1999 Saint John Common Council and Planning Advisory Committee RE.- 812 Grandview Avenue, Amendment to the Municipal Development Plan which would redesignate on Schedule 2A of the Plan from Low Density Residential to Heavy Industrial. I wish to take this opportunity to strongly object to the zoning proposal that would see this parcel of land (13 acres) located at 812 Grandview Avenue being redesignated to Heavy Industrial from the Low Density Residential it presently has at this time, From the application information the proposal is to "erect sign on property Patteson Outdoor Advertising" and also to "erect a garage for maintenance of Thomas Construction vehicles". My objections are centred on the fact that the proponent project may result in the Municipal Plan in that there would have to change Land Use Designation to Heavy Industrial. As well there is a proposal to make a change in the zoning to 1-2 Heavy Industrial. Let me begin by stating this is one way to drive out stable ratepayers homeowners who live nearby on Grandview Avenue and Champlain Heights. This will be straw that will break the camels back in so far as adding an additional heavy industrial area with some of the biggest industrial sites in New Brunswick already next door to our residential areas. This proposed Municipal Plan amendment will have a detrimental and adverse effect on the surrounding residential areas who have to co-exist with the largest oil refinery in Canada, a power generating plant (Curtana Bay), a paper mill, a truck transportation area, a Praxair Carbon Dioxide Plant along with numerous small and medium light 0 industrial operations at the industrial park. What more can we take! This proposal will expand the development permitted under Heavy Industrial. One might argue its only a garage to be built on 13 acres for a maintenance garage so what's the problem. The problem is the designation and change to the Municipal Plan from Low Density to Heavy Industrial and the implications for future use of this parcel of land in the future. If these proposals get accepted to Heavy Industrial its possible that this garage could eventually be removed and converted or later land sold so that heavy industrial development could be built, This Heavy Industrial 1-2 could see uses such as, Ila petroleum refinery, plastic manufacturer, poultry (live and slaughtered) distribution, a pulp and paper mill, sewerage service and treatment facility". Its hard to believe that such a change could even be considered so close to residential homes, neighbourhoods where thousand of people are trying to raise a family and enjoy a quality of life free from future environmental and adverse health impacts we already experience. Please no more heavy industrial land use designations, we can't take much more. In respect to this proposed designation if granted will result in this property owner erecting a large garage for maintenance. This will have several detrimental and negative impacts to the land use and surrounding residential areas of Grandview Avenue and Champlain Heights. They include: 1 Continuation of and increase in the already practice of this company polluting our community with these diesel trucks by polluting emissions from poorly maintained or old emission exhaust systems. Over the years this company has operated its fleet of trucks in such a manner that have significant emissions of exhaust soot particulate material, I have placed calls to this company and asked them to upgrade or maintain these exhaust systems to prevent these emissions, oil 2. There will be more truck traffic in and out of this new maintenance garage. Presently many of the trucks leave in early a.m. off to various jobs and return in evening. With this garage there will be much more in and out traffic all day causing traffic and more high risk traffic situations as already thousands of cars and trucks use Grandview Avenue. The entrance of Champlain Heights is already heavily congested in the morning with the very heavy traffic up Champlain Heights and Grandview Avenue with the N.B.C.C. I cannot think of a worse location for such a facility, 3. The normal diesel vehicle emission are a serious and real concern to residents nearby, Please refer to attached article outlining health impact these truck units create when they emit the various pollutants. These emissions are already unacceptable and are creating problems regarding polluting our local area and aggravating those folks who are vulnerable with pre-existing respiratory conditions such as asthma. This change in land use designation to heavy industrial will cause the surrounding residences to be devalued in terms of property values and attractiveness for future residential property owners of Grandview Avenue and Champlain Heights. This change is incompatible and inconsistent with the residential aspects of the surrounding residential one family units nearby. This part of Saint John has lots of heavy industrial areas, as well as industrial parks. It does not need further land use designations to heavy industrial. We are all aware of the thousands of past city of Saint John taxpayers who could not cope or accept the encroachment of heavy industrial development in their backyard and unfortunately moved to surrounding municipalities Kennebecasis Valley in particular, C] This land use change to Heavy Industrial will only accelerate this trend. The people of Champlain Heights, Grandview Avenue are under duress and stress trying to co-exist with important industrial development with the Refinery Expansion, Bayside Power Project, Natural Gas pipeline laterals soon to be developed for those big industries. This additional designation is an insult and a direct assault on our quality of life as we try to live in our homes and enjoy some quality of life. Remember folks like me who have lived in Champlain Heights for 20 years and hope to continue place our faith and trust in our City and Provincial regulatory agencies to ensure our quality of life is protected. Please do not allow this designation change to Heavy Industrial that will remain with this land for generations. The presence of storage of trucks now is already problematic under the present Municipal Plan Use Designation of Low Density Residential and prevent zoning of RS-2 One and Two Family Suburban Residential RIF Rural, To change the designation to Heavy Industrial will only cause adverse impact to the land and surrounding areas. Ily submitted, d or rdonb'a I z'e It 2) 32 Dorothea Drive Saint John, N.B. E2J 3J1 ME 4 JUN 24 1999 VTYI 011 A W1 X 7- J 0 [4 N, SUMMARY 6.394 Sutter Avenue, Carmichael, CA. 95608-2723 (916) 944-4623 PROFESSIONAL EXPERIENCE Mr. Vlasek began his Professional Career in 1981 with the Southern California Gas Company, where he was respon-sible, for developing a series of new environmental management and compliance programs. • 1987 Became the company's first environmental compliance auditor, among the first certified by the State of California in that profession. 1989: Became the company's liaison to the California Air Resources Board, tCARB) orkin� primarily on promoting low emission vehicle technology and clean alternative fuels. 1991- 1993 In the capacity oaf / regulatory coordinator during this period. 0 0 during Mr. Vlasek served as the utility's alternative fuels policy advocate. with expanded contact responsibilities with the ARB, California Energy Commission, South Coast Air Quality Management District, Public Utilities Commission. EPA and other agencies. 1994 In February Mr. Vlasek became executive director of the California Natural Gas Vehicle Coalition. In this capacity, he is responsible for g directing the ovemment liaison activities c, il-te C, zn California natural gas vehicle industry. He has both written and lobbied proactive alternative fuels, c' - legislation, and has been a frequent witness before the California Califomia Legislature and state agencies C� matters of importance to the natural gas vehicle industry. He has represented the industry nationally in r.nmerous government. technology and transportation fortims. V EDUCATION Mr. Vlasek holds Bachelor of Arts de-ree in environmental studies and geography from the Unkersily of California, Santa Barbara. Mr. Vlasek- founded the Southern California chapter of Friends of the River, (FOR) a river conservation organization, in 1983 and served as its president from 1983 to 1985. He continues to serve on the group's advisor), board. In 1989 and 1990, he served on the Mayor's Task Force for C7 Transportation Planning, g as an advisor for the City of Lon Beach. W 0. PERSONAL Mr. Vlasek is a native Californian. He is a licensed professional river guide and SCUBA diver. For years now, the trucking industry and environmental organizations have been arz:h political adversaries, locked in debate over which better represents the public's true needs and interests. At the heart of that debate is the trucking industry's long-standing fuel Of choice; petroleum- derived diesel. Diesel is the lifeblood of America's commercial transportation network; yet mounting evidence indicates that exhaust from diesel trucks is not only toxic in the environment, but is carcinogenic to humans as well. Poliutior, from diesel trucks is Most high1v concentrated where it does the most harm, in our congested unbar, centers. An unfortunate -- and largely unfounded -- outcome Of this escalating confrontation is the general 0 Perception of the trucking industry itself as synonymous With foul renegade disregard for public health. C de polluters and callous In recent Years, the debate has fzken all the fervor of a re!igious war. Muwhere has this war bean waged mare intensely, or been more economically damaging, than in Cafifd,I-nla- Awar-onism, between truckers and public health officials here reached a flash point. in 1994. That year, state- rnzridattcl reformulated diesel fuel back-fired in the Air Resources Board's face EPA began federal intervention hearings on strict new limitations on truckings' exhaust emissions and f,perations, and a state health department report recommending human-carcinogen status for diesel exhaust was published. Truckers - rightfully fearful for their livelihood - encircled public hearing sites. D-ath threats on the lives of air quality officials were attributed to irate hauliers. Fbe Outcome? EPA regulators backed down. The State was e%vntually forced to pay up to S-20 million for engine damage allegedly caused by the reformulated fuel. The public health recommendation lan-guished. NO one was satisfied, and nothing - it turns out, was resolved. n This recent capitulation notwithstanding, cleaner operating trucks -- both on -road d and off- r0a d remain absolutely essential to satisfying requirzinents of California's state implementation plan (SIP) for ozone, if future federal intervention and environmental lawsuits are to be avoided. The ARB estimates that heavy-duty trucks represent only 4% of the vehicle population in California, but will contribute nearly 551,7c of the oxides of nitrogen and over 80% of the on-road Particulate tmiSSjOns in the year 2000, Despite the continuing requirement fur ARB-specified "California diesel" (at a cost of 50.15/gallon higher titan conventional diesel sold in all other states) and plans to lower diesel engine emission standards by 50% beginning in 2004. neither ARB Or EPA is optimistic about these measures actually attaining healthful air quality levels by the Congressionally - imposed Year N!0 0 deadline. ibis is because both agencies are setting their standards to be achievable by the "lowest common dti"JOrninator" 0 among fuel options, i.e. 1� � diesel, 31 Dorothea .Drive, Saint John-N.B. B2J 3H June 21,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. 1✓M 4L1 Bear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from RS -2 and RF to I -2. I do not feel that there in a need to redesignate 81.2 Grandview to "Heavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re-- zoning would bring with it more noise pollution, air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain Heights. We already have two large Industrial Parks located in the eastern part of Saint John and I should think that this would be ample roam for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to Leavy Industrial. Sincerely, Oscar Perry 31 Dorothea Drive, Saint John N,B. P.2J 3H June 21,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. E21- 4L Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from RS -2 and RF to I -2. I do not feel that there in a need to redesignate 812 Grandview to "Heavy Industrial ", We already have enough "Heavy Industrial' zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring with it more noise pollution, air pollution, traffic, property devaluation, property damage from. pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think . that it should be at the expense of the more than five hundred home owners in Champlain Heights. We already have two large Industrial Parks located in the eastern part of Saint John. and I should think that this would be ample room for any new Industries to locate. In closing, 1 object strongly to re- .zoning of 812 Grandview Avenue to Heavy Industrial. Sincerely, Doris Perry l,,N, 169 Champlain Drive, Saint John, - -,B. E2J 3137 .Tune 22,1999 Mary L. Vlunford I .O. Box 1971 Saint John, N.B. E2L 4L, I Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from IBS -2 and Rp to I -2. I do not feel that there in a need to redesignate 812 Grandview to "Leavy Industrial ". We already have enough "Leavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial .zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring with it more noise pollution, air pollution., traffic, property devaluation, property damage from pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain Heights. We already have two large Industrial Darks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to Leavy Industrial. Sincere] oug Steeves �' P ] 1 SMWOE 4 Y 169 Champlain Drive, Saint John,N.B. E2J 3E7 June 22,1999 Mary L. Munford. P.O. Box 1971 Saint John, N,B. Elf, -JL 1 Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from RS -2 and RIF to I -2. I do not feel that there in a need to redesignate 812 Grandview to "Heavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring with it more noise pollution, air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects. I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain Heights.We already have two large Industrial Parks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to heavy Industrial. S' rely, Dawn Steeves ". _ _ rP 3 �i� 85 Champlain Drive, Saint John,lti.B. E2J E2 June 21,1999 Mary L. Munford P.0, Box 1971 Saint John, N,B, E.2L 4L 1 Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from IBS -2 and RF to I -2. I do not feel that there in a need to redesignate 812 Grandview to "Heavy Ieavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with_ This re- zoning would bring with it more noise pollution, air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain Heights.l%+Je already have two large Industrial parks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to Heavy Industrial_ Sincerely, William MacKinnon RECEIVED, WON CCLERKS 00" JUN : 19QQ t if 85 Champlain Drive, Saint John,N.B. F2J 3E2 June 21,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. E21- 4L I Dear Mary, I ani writing in response to the proposed redesigneting of 812 Grandview Avenue from RS-2 and IMF to 1 -1 I do not feel that there in a need to redesignate 812 Grandview to "Leavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents, Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re-zoning would bring with it more noise pollution„ air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects. I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain HcightsVe already have two large Industrial Parks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to :Heavy Industrial. Sincerely, Frances MacKinnon f zm d« The Purpose of my °»:g », you is to reply to the proposed redesigneting of 812 Grandview Ave. from RS-2 and RF to 1-2. Having more HEAVY WDUSTRIAL ZONING in our area would only add tithe problems that our community has to deal with. The re-zoning would bring with it more noise *ollution air i ollution. traffic fiow.pro«ea-&k dev%l-Mft9nWW-1pwVW M«lWir*m llutants . -x ""J ' SW 20 Dorothea Drive, Saint ,3ohn,N. . E2J 3JI June 21,1999 Mary L. Munford P.O. Box 1971 Saint John, N.B. 2L 4L Dear Mary, I airy writing in response to the proposed redesigneting of 812 Grandview Avenue from .RS -2 and RF to I -2. I do not feet that there in a need to redesignate 812 Grandview to "Heavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain Heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring with it more noise pollution, air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think . that it should be at the expense of the more than five hundred home owners in Champlain Heights. We already have two large Industrial Parks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, 1. object strongly to re- zoning of 812 Grandview Avenue to Heavy Industrial. Sinepr ly 7 r t J %? obert Pierce �k _f t Or f ., 20 Dorothea Drive, Saint John,N.B. E.2J 3JI June 21,1999 Mary L. Mdnford P.O. Box 1971 Saint John, N.B. E2L 41-1 Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from RS -2 and RF to 1 -2. I do not feel that there in a need to redesignate 812 Grandview to "Heavy Industrial ". We already have enough "Heavy Industrial" zoning in and around Champlain heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring with it more noise pollution., air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects . I can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain HeightsWe already have two large Industrial Parks located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to heavy Industrial. Sincerely, Evelyn Fierce ,: �`,]Y 31 Dorothea give, Saint John,l.13, E2J 3H .Tune 21,1999 Mary L. Munford P.C. Boy: 1971 Saint John, NR E2L 4L1 Dear Mary, I am writing in response to the proposed redesigneting of 812 Grandview Avenue from RS-2 and RF to I -2. I do not feel that there in a need to redesignate 812 Grandview to "heavy Industrial ". We already have enough `.`Heavy Industrial" zoning in and around Champlain heights which until recently, has struggled to attract new residents. Having more heavy industrial zoning in our area would only add to the problems that our community already has to deal with. This re- zoning would bring, with it more noise pollution, air pollution, traffic, property devaluation, property damage from pollutants and many other negative aspects. l can understand that the owner wants to fully utilize his property, but I do not think that it should be at the expense of the more than five hundred home owners in Champlain Heights.' We already have two large Industrial Parrs located in the eastern part of Saint John and I should think that this would be ample room for any new Industries to locate. In closing, I object strongly to re- zoning of 812 Grandview Avenue to Heavy Industrial. Since Alen ferry REQ M4 JUN 21A 19 r110 li �� mmooAmov�wAvs ��w�mte� m���°��mmmm� m�� SAINT JOHN ma sux*cn Jeannine Richard June 23, 1999 Mary LMunford, Common Clerk Dear Mary This isin reference N PROPOSED MUNICIPAL PLAN AMENDMENT Re: 812 Grandview Avenue. My wife and | STRONGLY PROTEST any more expansion cd this property. When we bought our property ten years agu, we did not know there was even a business using that gravel pit. Over the years, it has grown into a large operation with large trucks running up and down Grandview Avenue constantly. Besides the noise and the high speed these trucks travel at past our home, there is the problem of constant dust on and in our home. Two years ago I paid to have the outside nf the house cleaned and less than a week later, it was just ay dirty eobefore. | know there is no chances of making this problem go away, but | cannot understand a City Council that would want to make it worse. What good are the zoning laws when the next council Carl change them at will, and de-value the property of its citizens and tax payers that have worked to improve their property. By rezoning this piece of land to Heavy Industrial, the homeowners near iton Grandview Avenue and Chaplain Heights are at risk that their property value would become worthless. We cannot allow anymore industry to encroach closer to our homes. Please do not allow this property tnberezoned. Sincerely, Walter McGinn, Jeannine Richard ����� Dana Gotell 10 Ian Street Saint John - Telephone 506 696 -4; 06 against this and any further expansions in the area.. Yours trig', UN s RE: 812 GRANDVIEW AVENUE City Council c/o Common Clerk In the last couple of years, Thomas's gravel pit on Grandview Ave. went from a closed, non- operational pit to a fully operational pit complete with scales, soil separator, large power shovel, floats to transport same, tractors and a complete fleet of gravel trucks, which seem: to be operational 24 hours a day. The dust, noise and extra traffic on Grandview Ave. is not needed. When the Community College starts or ends its day, I have a hard time getting out of my yard and the refinery upgrade only makes it worse. The value of Any house is going down but th-- taxes are higher yach year. Why is this? As I walk around my neighborhood, I find well kept lawns, hedges and houses in above average repair, but I can't keep my windows clean with all the dust. My cars could be washed every day with the dust and dirt deposited on them - and I surely must be breathing in the same crap. With the Heavy Industrial Amendment - God knows what I will be breathing. Once changed, it most likely will be used for anything: Asphalt Plant Chemical Plant Concrete Plant They already have a repair garage at the back of the property and I believe the proposed one is very temporary and for sale to a third party. I believe the city will be better served with present tax payers in their homes around 812 Grandview Ave. All pay their taxes yearly and only want the right to breathe fresh air, drink unpolluted water and sleep undisturbed in their beds. With the rezoning of 812 Grandview Ave., I cannot see this happening. I STRONGLY OBJECT. Lloyd R. Soble E MUD) COMMON c" l w �' Ofi ., r �t 30 r June 14,1999 The City Council Dear Mayor and Council, Writing to contest the re- zoning of S 12 Grandview Ave. and the construction of more buildings on that property. Mr Colwell (Thomas Construction) has a building to repair his trucks. Approximately three years ago he got a permit to build a residential garage but he went 8 to 10 feet underground to get the garage he wanted. This building is on one side of me and at the back of my property he has two oid vacant buildings. Mr Colwell is proposaa,g to erect another building oil the other side of my lot leaving my property worth nothing. He has wanted me to sell him this lot, which I refused and now he is making it worthless to everyone. The Thomas pit was shut down as it is not a working pit but is more active now than it was before it was shut down. The earth is piled so high I am unable to see the bay. Having this view was a great joy to me both in the day and at night when I would watch the beautiful lights on the ships. I am an old person and surely I have some rights over the properties I pay taxes on. Sincerely, Madeline Anderson )'.11 .�° k,.. 877 Grandview Ave., Baint john N. B., EN June Mary L. M Office Of 15 Market City Saint Joh unford, The Common Clerk, Square, Hallv Dear Madam & Members of Common Council�: REn Proposed rezoning & redevelopment 0 812 Grandview Ave. I am very much opposed to the rezoning of the property at Grandview Ave. to Heavy Industrial. I bought my home twenty years ago with the Intention of living In a residential neighbourhood. Some infrastructure accessed by Cromwell Street was already in place and it seemed only a matter of time before this area would be developed residentially. Commanding a great view of the bay, such would seem a very appropriate use of this land. There are many reasons mitigating against further industriai development of this area; not the least of which is the absolutely intolerable increased pollution that would potentlWy arise from further industrial development. Even now, paint burns off our vehicles about twice as quickly as less polluted areas li", the city and vegetation by mid -late summer is severely degraded as a result of acid pollution and poor air quality, (I can show you a tree in my back yard whose teaves are literally burned anci disintegrating by mid Augusta Two years ago a larger tree in my yard eventually died due to defoliation caused by polluted air,, .1 have no problem with the proposed garage for thm site but the rezoning request is totally unacceptable. Surely some specIfI(:: land use clause could be legislated specific to the garage without giving carte blanche for any and all types of future industrial development as would be the came if the property were rezoned. Why are not alternatives possible such as two smaller g a r ages Last year I was at a loss to understand why the outlying areas wore so reluctant to become part of a greater Saint John, As things are shaping up, I am very glad those municipalities turnel:1 down such a move since this means I still have a choice of municipalities in which I may choose to make my residence and I think that choice has suddenly become a whole lot clearer. This proposal would devalue my home by ten to twenty thousan,::f dollars— will my tames be reduced proportionately? I am one of the glib majority who passively accepted this year's fourteen per cent tam hike and with the hike I expect my rights as a tax-, paying resident of the City of Saint John to be respected., Sincerely yours, ......... - -K Robert .,,�Hebert RECEIVE*�,,� OMMON CLERK'S UfRCI-- JUN 16 MY CM D.C. BROWN 83' sRAI` DVIEW AVE. SAINT J014N J014 N.B. l 2J =1.C6 June I, 1999. COT- Urnort Council City of Saint John City Hall Saint John N. B. I have recently become aware of an application to rezone the property across the street froin my home to Heavy industrial. Asa resident and homeowner I ant completely opposed to this. Since ixe purchased this home, (83 3 Grandview Ave.) in 1976 the commercial activity at 812 Gran&ie-of Ave, has steadily increased each year resulting in corresponding increases in dust, noise, truck traffic, etc. which is to the de€rement of fam ty residential life in our neighbourhood.. There is even. at times construction equipment activity- taking place during the small hours of the morning resulting in loud sleep disrupting noise. The clouds of dust from this facility. which. settle on zn-,, . property has become another most distressing fact of life where I live.. If rezoned to heavv industrial this will be the opening of the floodgates for any number or types of enterprises to be conducted on the property which axe totally incornpata.ble with any family residential area be it large or small. One factor which comes to mind that this rezoning may allow is the storage of pollutant substances both toxic and normoxic which would beyond doubt result in risk factors to residents of the area, The risk due to fire, explosion, seepage, spills, accidental release, etc., would be real . Businesses and properties are bought and sold and change hands and companies also expand into other tees of activities '0ich are totally new and diverse from their original corrurterc al intent. Another aspect which is worthy of consideration regarding this rezoning application is the fact that adjacent to the eastern boundary of this company's property is a proposed residential subdivision of considerable size. Development work began on this project about: 19 years ago butt due to high interest rates and a financial market down turn it stopped. At some point this development -Mll probably re-comm once. I believe that the access street as depicted on City development plan snaps is called Crone -,yell Drive. Our City has been engaged in a long struggle to stein tine flow of people which more and more wish to reside in communities outside Saint John City limits. Surely to have a large property adjacent to any proposed residential subdivision zoned heav, industrial would kill any hope whatsoever of a residential project frozrz proceeding. Saint John tweeds every new residential property development it can get. Given that the property in quostion is presently zoned Low. Density Residential I find it hard to understand how this company could steadily- increase corm— nercial aeth its to its present day level within this zoning designation. It carries zee severe apprehension to think what they could do with a designation of Heavy Industrial, One final question I have is this. In €roles past when an application for rezoning was being considered the ( 1 6 1 831 Grandview Ave, Saint John, N.B. E2J 4C6 June 14, 1999 Mayor Shirley McAlary & Common Council City Hall, 15 Market Square, Saint John, N.B. Honorable Mayor & Council: This letter is in reference to my objection of the proposed rezoning of the property at 821 Grandview Avenue, by Thomas Construction. I live directly across the street with my driveway facing Thomas's. Not only do I oppose the rezoning, but I am concerned with the amount of growth and activity that has gone on in the last couple of years. There seems to be far more going on than there should be for an area that is zoned "Low Density Residential." Is it possible for someone to investigate the noise & pollution that seems excessive. Thank you, Kevin Hogan � 696 -1604 (Home) 632 -4618 (Work) SA I W7 J TO MIN 831 Grandview Ave, Saint John, N.B. E2J 4C6 - June 14, 1999 Mayor Shirley McAlary & Common Council City Hall, 15 Market Square, Saint John, N.B. Honorable Mayor & Council: This letter is in reference to my objection of the proposed rezoning of the property at 821 Grandview Avenue, by Thomas Construction. I live directly across the street with my driveway facing 'Thomas's Not only do I oppose the rezoning, but I am concerned with the amount of growth and activity ty th at has gone on in the last couple of years. There seems to be far more going on than there should be for an area r ti that is zoned "Low Density Residential." Is it possible for someone to in ve sti gate the noise pollution that seems excessive. Thank you, Kevin Hogan 696-1604 (Home) 6324618 (Work) M E.-REF7 vAL u%AJi,, UJI0 /_I-k, LJtC JVJU11(CIpaj Vevelopillent Plan, a parcel of land (13 acres see attached exhibit) from low density residential to heavy industrial, THEREFORE; Your petitioners abject to the giant change in zoning as it would allow almost anything to be built there in t`uture years. We built or bought our homes with the assumption that our neighbours would be people ill sell - contained Douses, like us. 10 11 12 13 14 15 16 17 10 1 20 21 22 23 24 25 P CI C >t , s� we i � 1 ti ' Q F t (4" a 1 2 3 4 7 0 9 -- --- - ° --.- - . A' U"M-UMV 411, LIJU municipai Development Plan, a parcel of land (13 acres, see attached exhibit) from low density residential to heavy industrial. THEREFORE Your petitioners object to the giant change in zoning as it would allow almost anything to be built there in future years. We built or bought our homes witil the assumption that our IlCighl)OLII-S would be People in selfcontained houses, like us, ---------- slg�aat�rres __ Pun your own 1111110. Do not p0ni) Addresses (Give your full honto address pr your city and pruvi►irc) I LL IJ I�j 'L7 71 -3- Be it enacted by the City of Saint John in Common Council convened, as follows: - The Municipal Plan By-law of the City of Saint John enacted on the twenty-second day of May, 1973 is amended by: Amending Schedule 2-A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 13 acres, located at 812 Grandview Avenue (being NBGIC Number 348342), from Low Density Residential to Heavy Industrial classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of * A.D. 1999 and signed by: *, the member of Council who presided at the meeting at which it was enacted; and Common Clerk First Reading Second Reading Third Reading 7_1 L, • L Be it enacted by the City of Saint John in Common Council convened, as The Zoning By-law of the City of Saint John, enacted on the fourteenth day of November, A.D. 1983, is amended by: Amending Schedule "A", the Zoning Map of the City of Saint John, by re- zoning a parcel of land with an area of approximately 13 acres, located at 812 Grandview Avenue (being NBGIC Number 348342) from "RS-2" One and Two Family Suburban Residential and "RP Rural to "1-2" Heavy Industrial classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Sea] 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 Application for a Municipal Plan an Zoning By-law Amendment I Name of Mailing Address of Applicant — Saint John N.B. Thomas Construction Limited 190 Golden Grove Road E2H 1X4 Postal Code — Telephone Num business Home 696 2662 usiness 696 5197 Fax Number (if any) 696 5197 Name of Property Owner (if different) Mailing Address of Owner C Location Civic# Street NBGIC#- 459.7 Feet Lot Area Street Frontage Existing Use of Proper Non Conforming Property Present Municipal Plan Land Use Designation Present Zoning--.,, Amendments Requested Municipal Plan PIChange Land Use Designation to t 'J, and/or ❑ Text Amendment (indicate particulars on an attachment) Zoning By-law p El Change Zoning to and/or 0 Text Amendment (indicate particulars on an attachment) I Hydro L ine Lot 75-1 380±' Along L of small broo w Lot 75-2 2800 [I Iii Ou W R !Rft S co tR NI nl iaE ,F 1.0 ,Si Sz OLuej =1 IIL'MPU3 elqepuedx3 - --------- ------- - ----- - ----- - -- ---------- - --- ----- -- -- —7 x m x :c z 0 L ------- ----- ----------- ------ ------------ ---- x m t 0 - --- ------------------------------ --- * ----- ------- - - -------------- 4-+, sK o yIl_C4 ms-1 d0 ,OS ms�j g -wl 0. z 0 D 0 < PLC C) U. 2 -C Planning Advisory Committee August 4, 1999 Your Worship and Councillors: P.O. Box 1971 506 668 -2800 Saint John New Brunswick Canada E2L 41A SUBJECT: Proposed Municipal Plan Amendment and Rezoning 812 Grandview Avenue On rune 28, 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 .August 3, 1999 meeting. 1 City of Saint John Several people attended the meeting in opposition to the application. Margaret Dube, 1330 Grandview Avenue, Donald Brown, 833 Grandview Avenue, Kevin Hogan, 831 Grandview Avenue, Lloyd Soble, 850 Grandview Avenue, Dana Gotell, 10 Ian Street, Gary Prosser, Red Head, and Gordon Dalzell, 32 Dorothea Drive, addressed the Committee. Their concerns included potential intensification of the operation, the nature and status of the existing use, proximity of the residential area, noise, dust, environmental impact, potential future uses once the property is rezoned, and enforcement of conditions. Mr. John Colwell attended the meeting on behalf of the applicant and spoke in favour of the proposal. Mr. Colwell expressed disagreement with the staff recommendation, particularly the suggested Section 39 conditions dealing with relocation of the driveway entrance and creation of a 50 -foot landscaped area along the frontage of the site. He indicated that the existing driveway is already over 50 feet from the adjacent property, and that it has been constructed to a high standard at considerable expense. He also indicated that, in his opinion, the existing amount of landscaping along the frontage is adequate. In addition to the presentations, the Committee received three letters in favour of the application; one letter in favour of the proposed billboard, but against the proposed maintenance garage; one letter in favour of the maintenance garage but against the billboard; one letter expressing concerns regarding Hazen Creek; and two letters against the proposal. Copies of these submissions are attached. Planning Advisory Committee August 4, 1999 Page 2 The Committee also had for review copies of the twenty written objections and SO -name petition received by Common Council at its June 28, 1999 meeting. After considering the report, presentations and written submissions, the Committee decided to recommend that the application be denied. 1 1 That the proposed Municipal Plan amendment and rezoning be denied. Respectfully submitted, G.A. (Sandy) Robertson Vice- Chairman RGPIr Attachments Community P.O. Box 1971 506 658 -2835 Planning Saint john 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: TO: FROM: JULY 3 0, 1999 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING City of Saint john SUBJECT: Naive of Applicant: Name of Owner: Location: NBGIC: Existing Municipal Plan: Proposed Municipal Plan Existing Zoning: Proposed Zoning: Proposal: Type of Application: Thomas Construction Ltd. Thomas Construction Ltd. 812 Grandview Avenue 348342 Low Density Residential Heavy Industrial "RS -2" One and Two Family Suburban Residential and "RF"' Rural "I -2" Heavy Industrial To construct a maintenance garage for the company's vehicles, and erect a poster panel (billboard) Municipal. Plan Amendment and Rezoning Thomas Construction Ltd. page 2 812 Grandview Avenue July 30, 1999 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, August 9, 1999. STAFF RECOMMENDATION TO COMMITTEE: That Common Council redesignate, on Schedule 2A of the Municipal Development Plan, from Low Density Residential to Heavy Industrial, a parcel of land with an area of approximately 1.3 acres, located at 812 Grandview Avenue, also identified as being NBGIC 348342. 2. That Common Council rezone the same parcel of land from "RS 2" One and Two Family Suburban Residential and "RF" Rural to "1-2" Heavy Industrial, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: a) the use of the property is limited to a gravel pit, storage and processing of aggregate material (cxcluding any concrete plant or asphalt plant), a contractor's depot and, subject to Section 840 of the Zoning By -law, a poster panel (advertising billboard); b) normal hours of operation are limited to the hours of 7:00 a.m, to 8:00 p.m., except for Sundays and statutory holidays, when operation is prohibited at all times. In emergency situations, these normal hours of operation may be extended only to the extent necessary to resolve the emergency; C) the proponent must close and remove the existing driveway entrance into the site, to be replaced by a maximum of one driveway located no further than 7.5 metres (25 feet) from the westerly side lot line; d) the proponent must develop and maintain a minimum 15 -metre (50 -foot) landscaped area along the entire frontage of the site and along any other lot line that abuts an "R" Residential zone; Thomas Construction Ltd. 812 Grandview Avenue Page 3 July 30, 1999 e) the proponent must pave, with asphalt, the driveway and any visitor parking area. The driveway and any visitor parking area must be provided with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect landscaped areas and facilitate proper drainage; f) the site shall not be developed, redeveloped or used except in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, driveway, parking areas, outdoor storage areas, landscaped areas, exterior lighting and signs, including the features required in conditions (c), (d) and (e); g) the site plan mentioned in condition (f) must be submitted to the Development Officer for approval prior to the issuance of any building permit for the subject site, and all work indicated on the approved site plan must be completed within one year of issuance of the building permit. Engineering has no objection to the proposal. Water and sewer are available on Grandview Avenue at the corner of Champlain. The sewer can probably be reached by gravity if the building is located close to the street. if it is in the rear, at a lower elevation, then a pump may be required to reach the city sewer. The applicant will have to check the grades to determine this. Building and Technical Services notes there is no indication of where the proposed building is to be placed on the property. Conditions should be attached to the rezoning regarding asphalt roadways, landscaping, lighting, hours of operation, and limiting the use to specific activities. Saint John Energy advises that it has adequate facilities along Grandview Avenue. Any cost associated with new facilities will be dealt with at a later date with the developer. NBTel advises that existing facilities on Grandview Avenue can provide service. Depending on the location of the building, a new service pole may be required. Thomas Construction Ltd. Page 4 812 Grandview Avenue July 30, 1999 Fire Department has no comment. N.D. Department of Environment has submitted no comments. Site and Nei2hbourhood The subject site is located in East Saint John opposite the intersection of Grandview Avenue and Champlain Drive. Grandview Avenue is designated as an arterial street on Schedule 4 -A of the Municipal Plan. The western boundary of the site is the edge of the designated Grandview industrial area, which extends to Bayside Drive and Old Black River Road. To the north and northeast of the site is the Champlain heights residential area. Directly to the east of the site is an undeveloped residential subdivision, beyond which is the New Brunswick Community College. Hazen Creek forms the southerly boundary of the site. The subject site has a frontage of approximately 525 feet on the south side of Grandview Avenue, and a depth of approximately 860 feet. The total area of the site is approximately 13 acres. The front portion of the site contains a fenced vehicle compound, behind which is an unfenced compound area, including a truck weigh scale. Further south, the elevation drops off into a long existing gravel pit area, where crushing, screening and stockpiling of excavated material takes place in conjunction with the applicant's excavation contracting business. The material processed and stored on site is trucked in from the applicant's other pit operations. In addition to the work area and truck parking area, there are a couple of garages, an office and an old house located on the site. There is also a major overhead power transmission line that crosses the site from east to west. The existing use of the site as a depot and work site for Thomas Construction Ltd.. is considered to be a non - conforming use. A non - conforming use can continue, but no new buildings or structures are permitted'. Proposal The applicant proposes to construct a 50 -foot by 80 -foot (4,000 - square -foot) vehicle maintenance garage to be used in conjunction with the existing use of the a while one of the garages was built around 1990, permit records indicate that this 23 -foot by 28- foot garage, located near the old house, was approved on the basis of the applicant's representation that it was accessory to the permitted residential use of the lot. Thomas Construction Ltd. 812 Grandview Avenue Page 5 July 3 0, 1999 property. The applicant has not submitted a site plan illustrating the proposed location of the garage; however, he has indicated that it would be located to the rear of the existing fenced compound in the same general area as the existing weigh scale. The applicant has also been approached by Pattison Outdoor Advertising to permit the placement of an advertising billboard on the property. If approved, the billboard must be placed at least 25 feet from the front property line, at least 10 feet from the westerly side property line, and at least 20 feet from the easterly side property line. Pro osedl Munici al Flan Amendment and Rezonin The subject site is currently designated Low Density Residential by the Municipal Plan, and is split into two different zones, The northerly half of the site, adjacent to Grandview Avenue, is zoned "RS -2" One and Two Family Suburban Residential. The southerly half is located within the "RF" Rural zone. The applicant has requested that the site be redesignated to Heavy Industrial and rezoned to "1-2" Heavy Industrial. These amendments, if approved, would permit the applicant's proposal. As noted above, and indicated on the attached map, the subject site is directly adjacent to the present eastern edge of the "1 -2" Heavy Industrial zone. Approval of the applicant's request would effectively move the current boundary of the industrial area 500 to 600 feet to the east. While such a change constitutes a relatively small extension to this large industrial area, it should be considered carefully. The subject site is directly opposite the entrance to Champlain Heights, including a number of homes facing the north side of Grandview Avenue. An additional five homes are located directly to the east of the site, on the south side of Grandview, while the entire eastern boundary of the site abuts an undeveloped residential subdivision. Given the proximity to the residential area, the application can be supported only if a number of conditions are imposed by Common Council pursuant to Section 39 of the Community Planning Act. Most importantly, the conditions should limit the use to the applicant's proposal, so that other uses permitted in the "1 -2" zone will not be permitted. There have been concerns expressed that approval of the rezoning will open the door for other uses of the property, including an asphalt plant. In fact, an asphalt plant is not permitted by the proposed zoning and, to ensure that this is understood, the conditions should specifically exclude the operation of an asphalt or concrete plant on the site. The rezoning also represents an opportunity to require site improvements that will reduce the impact of the existing operation on the nearby neighbourhood. It is Thomas Construction Ltd. page 6 812 Grandview Avenue July 30, 1999 recommended that the existing driveway into the site be relocated closer to the westerly side of the site, adjacent to the existing "I -2" zoned area, and that the existing area at the front of the site, containing some grass and shrubs, be enlarged to a minimum depth of 50 feet inside the front lot line, along the entire frontage of the site. The landscaping provisions for the "1 -2" zone normally require a minimum landscaped area of 25 feet, but in this situation a larger landscaped area is warranted. This will necessitate relocation of the fenced truck compound further back from the street, and will improve the appearance of the existing operation. The 50 -foot buffer should be continued along the eastern boundaries of the site, adjacent to the residentially zoned properties. Hours of operation are also a concern. It is recognized that the applicant requires the ability to respond when emergencies occur, such as emergency street repairs. However, normal hours of operation should be restricted to those permitted for an excavation operation by Section 880 of the Zoning By -law. These hours would be Monday to Saturday (excluding statutory holidays) from 7.00 a.m. to 8.00 p.m. Finally, a site plan should be prepared indicating the various site improvements and location and extent of site features such as buildings, structures, work areas and buffer areas. Development of the site must be in accordance with the approved plan. CONCLUSION: The existing operation on the site is a non - conforming use, located adjacent to one of East Saint John's major industrial designations. It is also located adjacent to the entrance to a large residential neighbourhood. While the Committee may wish to recommend against the proposal due to the proximity to the residential area, it must be recognized that the existing operation may continue in any event. In addition, the proposed Municipal flan amendment and rezoning, if approved, represents an opportunity to require site improvements that will reduce the impact of the existing operation on the nearby neighbourhood. Given these observations, it is recommended that the proposed amendments be approved, subject to several conditions dealing with use and development of the property. RGP /r I' -2 U "]B i M 1 z� a� \ I -2 \ / Subject Site: Address: 812 Grandview Avenue Map Number; 0P -19SE Date: ,tune 2, 1999 Scale; N.T.S. tti ffi_x IL- 2 R- IB E IL- 2 RF NO i _ ,J �i I L /I S, a tq p4 SI --- -1 .0 ev F gujej4 liempuR ajqopuodx-3 ---------- ---- ----- ....... C- :E 0 ...................... ---------- ...... b o 61 ;c ... ........ ............ --------- V4 0 ji HI I ------------- C3 ci c C. Mi r Iflas L) ------------- C3 ci c C. Mi r CGS From, Michael Griffin ["griffinlpnbnet.nb.ca"@nbnet.nb.r-a] Sent: Thursday, July 15, 1999 9:31 PM To: Claude McKinnon Cc: Susan Atkinson; acapsjQfundy.net Subject: Rezoning of 812 Grandview Ave. Mr. McKinnon My name is Michael Griffin. This email is a follow-up to our telephone discussion this afternoon about the rezoning of 812 Grandview Avenue. Although I do not have any objections to the rezoning of this property I do have some concerns with regards to the creek passing behind or through this property which ever the case may be. At present 1 am working on a project in the Hazen Creek Marsh on the Red Head Road, This plan entails the re establishment of anodromous (sea run) fish species into the marsh. Trout, salmon, gaspereaux, Atlantic sturgeon and others. Getting these fish species to return ( I feel) is the easy part, The hard part will be the reconstruction or enhancement of the streams to which they traveled to spawn in years past. Thus my telephone call to you as environmental officer for the City of Saint John. There are two creeks (one on either side) coming down through the Grandview Industrial Park. Unfortunately development is proceeding at a rapid pace without regard for the riparian zone on either side of these creeks. Having checked these creeks personally and with the help of Fisheries and Oceans I can assure you that they do in fact contain fish! Trout to be exact. The creek flowing down the Grandview Avenue side of the Park needs your immediate attention. There appears to be a gap in the planning approval process with regard to the environmental health of the creeks in this park. There is much dumping of fill which may or may not contain contaminants all the way up Grandview Ave, One thing is for sure. The fill that is being dumped is not of the quality of that which was removed in years past. The riparian zone is shrinking every day. Runoff is carrying sediment into the creek which enters the marsh and adds to the silting problem. I do not object to development! I do object to development without regard to the environment! As such I would recommend that a protective riparian zone of 50 feet on either side of these creeks be established to protect the fish habitat. There should also be a map of the creeks developed to highlight the waters flowing into the Hazen Creek Marsh so that upon application by industry or individuals the proximity of proposed development to these waters is readily identified and all environmental concerns of the local Dept, of Environment office addressed before approval of said development. This applies to both Grandview and McAllister Industrial Parks. All the storm sewers flow to Hazen Creek! Again an area of concern. At present the City is expanding McAllister Park, There are again streams there to be protected. I would be more than happy to tour and emphasize the importance of these waters to the health of Hazen Creek 'P Marsh. Z��44� I do not object to the rezoning of 812 Grandview Ave, as long as, 4&� 4UL 16 1999 a. A riparian zone of 50 feet is established along the creeks passing through it. -top) b. Storage and disposal of waste oils etc, be in D.O.E. approved waste oil systems. c. No Garage floor drains be permitted in areas where oils or engine coolants can enter the storm drainage systems. d. Further dumping at this site of anything but clean fill be prohibited. Please forward my concerns to the appropriate planning authorities. Thanking you in advance for your co operation. Michael Griffin Co ordinator Hazen Creek Marsh Project Tel H 847 8104 W 634 4320 ext 615 email griffinl@nbnet.nb.ca ��' • 4 s. .. _ ., . � . . ti �'�^� -� . t° -_.�. .` , , . _ r .-, _ '. _, -• ,., i � .- _ i.� __— .e.�.._�.___ _____, __ _— �......�_. gf .� n ._ � - ._ > - -�.. ...._ __.._...r — . __. . _ �— y •. - > '. � :.�.[ -ti .< ,nom— � ---�_� .._�1 ...,� ' � _� .. a.___. _— __...__...__.�.. _.._�_. _—_.. �.___ ..._— �.._..__— .._._.— ....� - -' —a „_ —____ _..� —._ _..._ _. - -_.. ___ _ ...f.... —�. _v —<_�_� 3 - oi A9-nl�� 4L LF J- o-, -- -- xv ISO,: in - r-j_a_� 4- L, i LA '416 i Coo � <.ti w6 `F , b ReC _ A�4 m - ._ - l S ff July.23, 1999 Planning Advisory Committee City of Saint John PO Box, 1971 Saint John, NB E2L 4L I To Who ' m it May Concern: Re. Proposed Municipal Plan Amendment and Rezoning 812 Grandview Ave. I do not have any objection to Thomas Construction Limited rezoning this property at 812 Grandview Avenue from RS-2 to 1-2 Heavy Industrial in order that they may build a maintenance garage for their vehicles. Name: Address: Yours Very Truly, AUG 3 1999 W July.23, 1999 Planning Advisory Committee City of Saint John PO Box, 1971 Saint John, NB E2L 4L I To Whom it May Concern.- Re: Proposed Municipal Plan Amendment and Rezoning 812 Grandview Ave. I do not have any objection to Thomas Construction Limited rezoning this property at 812 Grandview Avenue from RS-2 to 1 -2 Heavy Industrial in order that they may build a maintenance garage for their vehicles. Yours ,Very Truly, Name: Address- July.23, 1999 Planning Advisory Committee City of Saint John PO Box, 1971 Saint John, NB E21, 4LI To Whom it May Concern: Re, Proposed Municipal Plan Amendment and Rezoning 812 Grandview Ave. I do not have any objection to Thomas Construction Limited rezoning this property at 812 Grandview Avenue from RS-2 to 1-2 Heavy Industrial in order that they may build a maintenance garage for their vehicles. Yours Very Truly, Name: Address: z "Aarker. Squam, it .7°.t jorkr� Ne�,NlBruris,wick Canada E21L. 41A Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John Re: Saint John Shipyard Your Worship and Fellow Councillors: 0 rmhn City of Saint John Recent comments to the effect that should there be no further contracts at our Saint John shipyard suggesting the yard could very well close is an issue of grave concern to all of us. While I am of the understanding that the Mayor has sent correspondence to various persons encouraging that every effort be made to ensure the future of the yard I do believe there is a need for a further course of action by this Council. I listened with interest to a recent series of comments by the Premier of New Brunswick, The Honourable Bernard Lord, in which the Premier stated that he planned to raise the issue of shipbuilding in Canada with the other Premiers at a meeting which I believe will be held in Quebec City. I as one am pleased to hear of the Premier's position on this matter, and whereas Saint John Shipbuilding Ltd. is located in the City of Saint John, I believe we should offer backup and support to the Premier in his effort to bring into focus the tremendous adverse effect the closure of this yard would have on Saint John and in reality, the Province. I am not exactly sure what role a committee from Saint John could play in attempting to influence or encourage the Federal Government to re-address Canada's policy on shipbuilding and shipyards. I do, however, firmly believe that it is necessary for this City to make it clearly known to the Federal Government the drastic economic loss that would be experienced in this region should the yard actually close. Council will recall in a recent meeting with the President and Executive of the Saint John Board of Trade at which time I raised this issue, and there was indeed an expression of interest that perhaps a properly constructed delegation should be established to - 2- support the Premier's initiative and plans should be developed that a Saint John delegation proceed to Ottawa to let the Federal Government know our concerns and this requires immediate action before it becomes too late. I have had the opportunity to speak to some of the MLA's in our area, namely, Carole Keddy, MLA, Saint John-Champlain, and The Honourable Margaret-Ann Blaney, MLA, Saint John-Kings, Minister of Transportation, and received support from them for this type of undertaking. It would be my intention to contact the other MLAs from our greater region and I feel confident their support exists as well. I firmly believe it is essential that this Council clearly identify its position on this matter bearing in mind the preceding comments and take the initiative of arranging a meeting in Ottawa with the appropriate Federal Government people in an effort to bring direct focus on this issue in the strongest possible manner. Therefore I move that a committee of Council, not less than 3 nor more than 5, be established; and further a request be made to the Board of Trade for representation as well as Enterprise Saint John and/or any other person or persons so as to establish a high-profile committee to carry out this undertaking; and further that it be carried out immediately. I trust this motion will receive a seconder at which time I would like to speak further on the issue. INMODUCTION Many policy-makers might be tempted to simply conclude that shipbuilding is a "dying" industry in Canada, and hence that government should not worry about its future prospects, But this narrow approach to Canada's industrial development is wrong, on many counts, Most obviously, the notion that the workers and capital that were formerly occupied in shipbuilding will find more "productive" Uses in other 06: DSPM Poi 3 industries flies in the face of the chronic unemployment and economic stagnation which characterizes most shipbuilding communities irl Canada. In many cases, the real choice to be made is between shipbuilding and unemployment- Men the social costs of unemployment are factored into the calculation, it makes good economic sense for a society to support its shipbuilding indu5try. The shipbuilding industry carries an importance to Canada's industrial base that irm far greater than the numbers alone suggest- Shipbuilding jobs pay relatively hig wages, reflecting the higher levels of skill and productivitY in the industry. Canada' 3 shipbuilding jobs are located, for the most part, in relatively depressed regions the country, making it all the more important that this source of hiqh-"'- employment be maintained. And given Canada's immense coastline, the daunti support services (such as Coast Guard and search and rescue services), it essential that a domestic shipbuilding capability be rnaintained. The days when a shipowner financed a new ship from internal resources are long past. Ships are now built with credit in the form of loans using prospective revenue as c6liateral. There are normally four external sources of funding available to an Cwt Bank loans Equity funding ja Lease packages 6 Shipyard credit or subsidy 2 U(G : or, PM PO4 Besides direct construction subsidies most shipbuilding nati 'LoD have put in place a variety of other programs to help their �ndusffrles remain comoetifive. ms may in followinc assistance i: restructurinq as 'stance investment. The United States is Canada's most important market. Direct subsidies were eliminated in both countries in the mid-1980s, and the pre-1988 tariffs have been dismantled under the free trade agreement. In 1998 these tariffs will be completely eliminated. Thus it would appear that the United States,and Canada have opened their markets to each other. Regrettably, this is not the case. In addition to the Jones Act the United States has several other powerful federal assistance programs, Financial assistance is provided through the Federal Ship, Financing Program (Title XI), Capital Construction Fund (CCF) program, the mprijt* t program, The Title X1 program was established by the Merchant Marine Act of 1936, as a mended, and provides for credit guarantees by the United States Government for 0 L, - I-, r, - 99 A F, : 0 5 F M P Ll P, the purpose Of promoting the growth and modernization of the U.S. merchant marine and U.S- shipyards, The Title X1 program provides for Federal Government guarantees of private sector financing or refinancing obligations for the construction or reconstruction of U.S--flag vessels in U.S. shipyards over an extended term. Vessels eligible for Title X1 assistance include, but are not limited to, commercial vessels such as passenger, bulkers, cargo, tankers, tugs, towboats, barges, dredges, oceanographic research and offshore oil vessels. The enactment of the National Shipbuilding and Shipyard Conversion Act of 1993 extended the availability of Title X1 financing guarantees to foreign ship owners and to shipyard modernization projects. This has enabled U.S. yards to sell ships competitively in the international market. Since 1993, Title X1 guarantees totaling some $2.9 billion (U.S,) have been approved, �3 ertors can make qualified mvvithdrawals frram_ the Fund of tax- deferred dollars #o procure new or reconstructed vessels from U S shipyards, 11 1 Fire 19"'s Mi KI -1 —, — F, ;7 — I:, CI C1 F. - 1-1 c F M P A E, While government policy dictates that government fleets must be renewed and repaired in Canada, it is clear that government business alone cannot sustain the industry, Under Canada's Coastal Trading Act, the owner of a ship built or purchased abroad must pay a 25% tariff (except as provided under NAFTA) to have it flagged Canadian and operate in Canada's domestic trade. This tariff coupled with the additional Capital Cost Allowances provided in the Income Tax Art and Regulations provide the only poficy instruments currently encouraging Canadian operators to build their vessels in Canada. in the last ten years. There is no doubt that it produces a quality product. The more flexible tabour practices are the norm and the work force is quite skilled. For example, the West Coast yards which are constructing the 1000-passenger fast ferries have achieved remarkably high skill levels in high-tech aluminum welding techniques in record time. Canada now has the indigenous capability to carry out basic research and development in many specialized areas such as naval architecture, ship design, and new production techniques, Canadian shipyards have continued to become more efficient, despite the decline in overall business, This gain in prod:uct,ivity has been.a. diff icult feat. Value-added per worker in Canadian shipbuilding has increased by about one-quarter since Canadian chargeout rates are competitive, They are comparable to the United States and Japan, and in some cases less than European competitors but higher than Korea and China. Few nations can compete with Korea and China in this are;a. T, F1 also very low relative to the other major shipbuilding competitors. Our hourly costs (in U. 8 . dollar terms) are one-half those of Germany, 40 percent lower than Japan, and significantly lower than those of the other major European shipbuilding nations. Effective shipbuilding policies in place in countries around the world have strengthened the industry in those countries. Unfortunately, despite increased productivit Canada cannot et corn ete at an international level. The industry recognizes and accepts that our government is not in the business of providing direct monetary subsidies. A national shipbui—iding PREY for 'Canada must be innovative and create alternative methods of support to ensure the growth of the industry, It is the contention of the industry that this support should bieTo_c�uSed on ma ing the yards competitive internationally and attractive to Canadian owners and operators for all their needs. We believe that this is achievable through strict adherence to the present policy in conjunction with the promulgation of additional policies to provide tax incentives and construction financing comparable to what is being provided elsewhere in the world, A National shipbuilding Policy should include the following riew initiatives: -- (a) I (b) Exclusion of new construction ships built in Canadian Shipyards from the present Revenge Canada Leasing re �ylafi�oniL_ea e financing has become a predominate method of financing significant capital items. The regulations as presently stipulated make the ownership and lease financing of a T 0.'-., _C16 -99 0 6 : 0 5 P M T, 0 6 Canadian constructed vessel very unattractive if not uneconomical. The annual amounts of depreciation that would otherwise be allowed as a deduction from taxable income have been substantially reduced in lease financings by Revenue Canada, The effect is to shift depreciation in the early years to the later years of the useful life of the ship. This counters the actual economies of owning and operating a ship, thereby increasing the operating costs of Canadian ships. By excluding Canadian-built ships from the leasing rules, existing depreciation rates applicable to ships would apply without restriction and the tax disincentive of owning or leasing ships would be eliminated. This exclusion would not eliminate any tax on ships or their owners. This is not a precedent-setting initiative as significant items of capital equipment are already exempt from the existing Revenue Canada leasing Regulations. Some examples include office furniture and equipment, computers, appliances, televisions, radios, furnaces, air conditioning, rail cars, autos, vans, trucks and trailers. (c) Erovision of a refundable Tax Credit to Canadian shipbuilders who contract to build a ship, or contract for conversion with change of mission. Enid -life refit or major refit in a Canadian shipyard. This credit is modeled on a Quebec initiative, implemented there as part of a 1996-97 provincial budget package to support Quebec's shipbuilding and marine industries. The plan and would apply, but not be restricted to, commercial vessels such as passenger, bulkers, self unloaders, cargo, tankers, tugs, towboats, barges, dredges, oceanographic research, pollution abatement, offshore oil and gas facilities and floating drydocks, It would not include fishing vessels subject to financial assistance under provincial or federal government maritime fishery development policies. The eligible costs to be considered in the calculation of the tax credit would include the cost of drawings and specifications and the salaries of employees involved in the construction of the ship. The total construction costs would have to reflect the market standards in respect of the ship planned. A tax credit equivalent to a maximum of 20% of the cost of construction of the initial ship of a series, 15% for the second and third ships and 10% for the fourth ship may be granted. This credit can be considered as an extension of the existing R&D tax credit in Canada, so as to reflect the particular nature of shipbuilding—in which the first units of a new construction or refit programme encounter very heavy development costs. By helping to defray these initial expenses, the refundable credit can facilitate -subsequent production volumes and thus capture the economies of scale which are so essential to successful shipbuilding. The tax credit would be sequestered within the economic entity of the shipyard itself, not transferrable to other divisions of the shipyard owner's business, and would be paid only upon completion of the vessel's construction, 7 08_06_1�9 66 05PM F09 (d) V I Eliminate the one-sided aspects of NAFTA which sallows t�he U. S. to sell new qr used ships duty free in - ;;h_4Rr)lrtW- prohibits to the United States market. Canadian-made ships should be exempted from the Jones Act provisions limiting import of vessels to the U.S. domestic shipping industry; failing successful achievement of this goal, Canada must symmetrically impose Jones-Act-like provisions on our own domestic shipping industry. (b) Develop an international social clause governing labour standards in gain "unfair" or "unnatural" advantages over their competitors, without explicitly receiving a financial donation from a government. For example, when private employers benefit from artificially low wage rates (resulting from anti-union laws or other regressive practices), or are exempted by pro- business governments from the enforcement of health and safety standards in the workplace, this constitutes as much a "subsidy" to those firms as any direct transfer of cash from goverriment. The only difference is that this subsidy is paid (involuntarily) by workers (via their lower wages or unsafe working conditions), rather than by government- Given the growing importance of new low-wage producers who are deliberately suppressing labour and social rights in order to maintain a competitive advantage (such as China), it is essential that any future international negotiations on subsidies take this broader view of what actually constitutes a "subsidy"—by adding a social clause requiring participating countries to respect basic social, democratic, and labour norms. (c) Add value to Canadian resources. Canada has long been reliant on the production and export of natural resources. It has been an overarching goal of our economic development policy to strive to expand resource-based industries—so that more value is added to these resources in Canada (through processing and manufacturing), and more and better jobs are created in the process. This principle also applies to our shipbuilding and shipping industries. One important means by which value can be added to our resource-based industries, is to simply ensure that more Canadians are involved in constructing, maintaining, and operating the vessels that carry our natural resources (or finished products, for that matter) to their ultimate final markets. Canada is a great trading nation; we rank in the world's top ten exporters- Shouldn't we have a role in shipping and shipbuilding that reflects our importance as a trading nation? This value-added principle will be all the more important with the coming development of Canada's offshore oil and gas resources. Inputs of shipbuilding and other marine construction should account for a significant share of the total cost of these developments. The lack of a coordinated plan between government, oil and (c) Continuation of additional Capital Cost Allowances. These allowances are provided in the income Tax Act and Regulations for shipowners who construct ships in Canada and for shipbuilders who make major capital investments in new machinery, high technology processes and infrastructure. (d) Continuation of the present Research and the echnology Partnerships Canada nroaram. The shipbuilding industry wou request that these p�rogram`sbe Tons�iderate of shipbuilding design and technology and the claims process streamlined and simplified. World trade has increased steadily to a point where western nations are totally dependent on trade for their economic well being. Ships are the preeminent component of the global trading and transportation system. A modem Ship and its cargo handling system is a high-technology marvel as complex as any aircraft. Canada's shipbuilders are competent and capable of'building specialized vessels for the domestic and international market. The measures outlined above do not require significant outlays of capital by governments, but they do require the government to demonstrate faith in the industry by formulating constructive policies that will allow Canada's shipbuilders to compete on an equal footing in the global market place. The policy initiatives described above would go a long way towards revitalizing Canadian shipbuilding, and providing the industry with a new foundation for investment, productivity gains, and job-creation. We recognize that There are important social benefits associated with shipping and shipbuilding: the economic spin-offs of shipbuilding for hard-pressed coastal communities, the environmental and safety problems caused by unregulated shipping, the sovereignty and defense issues facing a major coastal nation like Canada. These issues provide a legitimate ground for governments to take a public interest in promoting a vibrant domestic shipbuilding sector, an the to ensure that e evolution of this industry reflects the 10 08-06-99 06:05PM P12 genuine public Interest. Shipbuilding companies, shipbuilding workers, coastal CoMmunities, and indeed Canada's status as a major Maritime nation are too important: government can and must play an active, creative role in rebuilding this industry, The crisis in Canadian shipbuilding has resulted in the loss of thousands of well- p.p Ing jobs, in hard-hit regions of ana a, an has undermined an impo, a t element of Canada's industrial base- It is clear -at under current Canadian okcies Canada's shipbuildinq sector is likely to experience continuina stagnation, underutil_izaf]On, and decline. Canada cannot afford to sit on the sidelines,, as of er go,ernments nurture their respective shipbuildiocL industries _��ubsidi", domestic content rules, strategic investments in now tech no logy,'a nd a rrt�riad of ethermeasure — 'r_s. It is essential now for the various stakeholders in this industry—shipbuilding companies, uildin workers, the federal and rovincial levels of crvernrent —ta work to ether to ma out a ro- active plan fc�r the eventual revitalization o €this strategically and ally important industry, In particular, we cal[ on the federal averramer�t to convene a summit of industry stakeholders, to discuss the current problems of Can i shi building in more detail and to b in to devise amulti- faceted shipbuilding strategy which gill help to turn this vital industry araun JS1bMkope1U343 Ci oi I a Il August 3, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council City of Saint John Your Worship and Fellow Councillors: P.O. Bcrx 1971 Saira 'ohri New Bruriswick Cai,,,ada E21,41A D cc, 1 70 City of Saint John A matter has been brought to my attention respecting the timing on the walk light for pedestrian traffic crossing McAllister Drive. The complaint I received is as follows: when the walk signal flashes on the monitor there is apparently 27 or 28 steps to cross McAllister Drive; people are complaining that the light changes too quickly and in most instances only 12 or 13 steps can be taken by a pedestrian before the light monitor changes allowing traffic to proceed. This basically places pedestrian traffic in the middle of the McAllister Drive arterial and with traffic starting to move there is every possibility someone is going to get hurt as they are located in the middle of the road at this time. I would ask this matter be referred to the City Manager to have our traffic people assess this situation and take whatever steps are required to eliminate this potential danger. Earlier efforts to address this problem have indicated this crossing light must function at this speed in order to avoid a backup of vehicular traffic. I can understand the effort to move traffic as quickly as possible at this intersection but not at the life safety of pedestrian traffic, RESOLVED that as recommended by the Nominating Committee, Deputy Mayor Chase be appointed to the Resolution Committee, and Councillor Carl White be appointed to the Program Committee, of the Cities of New Brunswick Association. RESOLVED that as recommended by the City Manager, Common Council authorize the sale of the Old General Hospital and Nurses' Residence sites on Waterloo Street, identified on the submitted plan as Nl3GIC Numbers 55048334, 14514, 13326, 14522„ 14530, 16105, 16113, 16121 and 16139, to Matrix Management Inc., for the purchase price of $650,000 (plus HST if applicable); the closing date to be on or before September 15, 1999; a non- refundable deposit of $45,000 be required, payable forthwith (the receipt of $25,000 is acknowledged); and the Mayor and Common Clerk be authorized to execute the deed. 9 Po. ana byn f p,,: ° 9 i 0 n13SPr C 04ro4 'A w 400 0007g83 5 } }726b6 ° .* 4/050 .l 3 4 ®0071441 0 °w 4401311] 4 040 00,3S6s 733Sy 00"7p", X - a0 000 4 ` v 6 73200 rP � 400} may, S SODJ 4 Op9 rteT� a00rid 15 " ♦ v � 4 4 �� qA. � .�� ?6S ® r sd .`. ; pia m„ DOD1oD35 � tJ EWIMES ' °par332e ° a`4��b ° "'> �� 6801b4da oo4aeoss 'b �� p4® tlt}s<Y f 90473417 OaDi3425 00017714 v� ® 00W3433 -0-0 0-1-2 56 Y +d ,d4 © °Pj $ ¢; ♦ 000174 Al 000W0A + ° j w 400734$8 000724 Q4 40012. 82 $'L 00!5663 l�O(+ V .7 48 P /T a 00072474 (1' 00Q17d74 D0 G 7348] 4 o a p F1�1o/'61 95310T19 O sso4Q]'} 00013490 e osai7esr 1 O° n M .r °i `, ° rT 00 f Dg013 p n 04015735 s 70 os v aj S _ 55117676 n13SPr C 04ro4 4' 4,.,�",., ~ ^d4.a 400 0007g83 5 } }726b6 ° .* 4/050 .l 3 4 ®0071441 °w 4401311] 4 040 00,3S6s 733Sy 00"7p", X - a0 000 4 ` v 6 73200 rP � 400} may, S SODJ 4 Op9 rteT� a00rid 15 " ♦ v � 4 4 �� qA. � .�� ?6S ® r ra a. 011 ! 0 � �, Or August, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT. 'fenders for Motorized Equipment — Water & Sewerage OR 1441� eta City of Saint john Three tenders were called for the supply of new trucks to the City of Saint John Water and Sewerage Department. They are, 1) Tender number 99- 231009T for 1 only 60,044 LB :bump 2) 'fender number 99- 231010T for 2 only dual wheel, four wheel drive cab and chassis 3) Tender number 99- 231011T for 1 only single wheel, four wheel drive pick up truck In the case of tender 99- 231009T this is a complete vehicle which when delivered will be put immediately into service and replace an existing truck. In the case of tender number 99.231010T these are cab and chassis style trucks which when delivered will be fitted with the existing dump bodies from the trucks they are being purchased to replace. Tender 99- 231011T is for the supply of 1 only conventional 3/4 tonne pick up truck which when delivered will also go into immediate service, replacing an existing truck. REPORT TO COMMON COUNCIL Page Two The trucks offered by Centennial were 1,000 lbs lighter than requested, 4.1 inches shorter in the cab to axle dimension and did not include rear stabilizers. This would result in a truck which has a suspension and power train which is lighter than the trucks specified. Summaries of the tenders are included for your consideration. FINANCIAL IMPLICATIONS: This is a planned expenditure for the replacement of equipment which is old . and has outlived it's economically viable life. Funds to cover the purchase of the new trucks contained in these tenders are included in the Water and Sewerage 1999 operating budget. o ,� ' +• �,r eckett, e CA -' ma assigner inaaa T. L. Totten, CA City Manager ager 1-4 m cy cn O ITZ r. oLr) `m 7; ON C%4 C-4 CD ct tr) QI O ITZ r. rr L cn C_-) kr) kn � ^ a In WD oc t4 C4 0 12 -v �4 ci C-4 IM Pt ee t. I A O Gd Ci Pro Cri CD r-I C� in rn r— 00 GX3 E19 o CD CD �T, 0— O Gd Ci ltm � a Eel, In 0; 1 n w *I a: I a Me I rK, 91, ' ,, 5 August, 1.999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sodium Hypochlorite Each year the City of Saint John calls a tender for the establishment of a supply agreement for sodium hypochlorite. The purpose of this agreement is to establish a firm price for a fixed period, one year, and guarantee a supply of product on an as and when required basis. Sodium Hypochlorite is specifically used in the treatment and fluoridation process of the water from the City's supply system. • R As a condition of this tender bidders will be required to deliver this product to two different locations, each with their own special requirements. For this reason bidders were asked to submit prices on two different size shipments, the first being for a quantity of 16 metric tonnes and the second for a quantity of 22 metric tonnes. Two companies submitted bids which were reviewed by staff of Materials and Fleet Management and Water and Sewerage who found both to be complete in every regard. A summary of the bids is enclosed for your consideration. M VAX" a Il�.ili ANALYSIS .... cont'd; The analysis of these tenders is complicated, as demonstrated on the enclosed summary, by the tact that one bidder, Atlantic Chemical & Supply Ltd., is the low bidder on item 41 by $.0105 per kilogram, while Monson Companies Inc., the present supplier, is the lowest on the second item by $.0065 per kilogram. A split award would require 2 separate agreements, separate release documents for each order, separate accounts payable processes for each invoice and separate payments. Over the course of the agreement this duplication of effort would prove inefficient and costly. Staff therefore recommends award of the entire supply agreement to one bidder, Atlantic Chemical & Supply Ltd. i. 2I Lei, k O; 9 ! A � If awarded as recommended, the total cost to purchase sodium hypochlorite, for a period of one year, will be $48,750..00, plus tax. Funds to cover the cost of this chemical are included in the annual Water and Sewerage operating budget. 121 ; # LJi U 121 MEN 9 UJIN It is recommended that the tender for the establishment of a supply agreement for a period of one year, for the provision of sodium hypochlorite, be awarded to atlantic Chemical t& Supply Inc. as indicated on the enclosed summary of bids. T. -L. Totten, i City Manager ell CN A FPM 1 1 Z c. Ll cw �oq Q 0 Puj cn C-4 O O /0 REPORT TO COMMON COUNCIL M &C 99 -279 August 5, 1999 Her Worship Mayor Shirley McAlary & Members of Common Council: Contract 99 —12: Kennebecasis Drive — Construction of Gravity Server and Force Main City of saint John This Contract consists of a project that is approved in the 1999 Capital Program as follows; A 200 mm sanitary force main on Kennebecasis Drive, from. Millidgeville Perry Landing approximately 965 in in a southern direction and on Kennebecasis Drive from Brothers Cove approximately 355 in to Beach Crescent. This project also includes approximately 415 m of 300 inm sanitary sewer on Kcnnebecasis Drive at Brothers Cove. Tenders closed on August 4, 1999, with the following results: l) 1,. Halpin Excavating Limited $568,63166 Saint John, N.B. 2) Nautilus Construction & Rentals Ltd. $568,662.90 Saint John, N.B. 3) Fairville Construction Ltd. $583,467.50 Saint John, N.B. 4) Galbraith Construction Ltd. $601,065,00 Saint John, N.B. The Engineer's estimate for the work was $526,575.00. &C99 -279 August 5, 1999 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal. 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. I 019EMOM El 0 kv t "[OMif I The Contract includes work that is charged against the 1999 Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by the Contractor and others. An amount of $352,500.00 was budgeted ia. the 1999 Infrastructure Capital Program. An additional $775,000.00 was approved by Council on July 12, 1999 as follows: "Resolved that Council authorize an additional $775, 000 from the 1999 Capital Budget for Water and Sewerage Utility for the Kennebecasis Drive Sewerage System project, and the project be tendered and constructed in 1999. " The analysis concludes that a total amount of $1,127,500.00 is provided in the budget and that the total committed cost to date against the Kennebecasis Drive Sewerage System budget for completion of Contract 99 -12 and for design and construction management services is $597,977.04. The complete financial analysis (projected shortfall versus surplus) will be reported when Contract 9914: Kennebecasis Drive — Construction of Sewage Lift Stations is presented to Council for approval on August 23, 1999. M & C 99 - 279 August 5, 1999 Page 3 It is recommended that Contract 99-12: Kennebeoasis Drive — Construction of Gravity Sewer and Force Main, be awarded to the low tenderer, L. Halpin Excavating Limited at their tender price of $568,633.66 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, y- PaeGrood�v,P . .Eng. Z—k Commissioner Terrence L. Totten, C.A. City Manager oil 0-) r- 0') U) MISM"W", i� LU LU L . u LU LLI u CC 0 LL n ry- LU z 0 U > LU < n rr 0 Ul 0 LL 0 < U rr- I-- C-) Z -D 0 cr F- 0 c u u LU U Lil m LU Lli !�e C: (D W as zs 0 Q- C6 "a a) a) M -C cl' CY) 'a n co , :3 < 0 0 cn C14 0 > I > 0 00 Q_ Cl 4 C', a 0 E -r- en 0 Q a) 0 U U CD m 0 U) 0- Z m C: C: 0 co U) Z , -a E o CD 0 m co o m C: -F- co E ca cn 0 It a) o .0 0 2 4- cn 0 M Lo 41 7:3 en 0 to — U r_ M CD co > Z 0 m +., to -0 C: 0 W ca E u CD W W M o co -C 70 cz E 0 CL) E Z) LO) C L) 0 0 0 co 0 +, 0 - a) (D -0 C C: 0 co L) REPORT TO COMMON August 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, (r City of saint John Digital Blower Control System and Dissolved Oxygen (D.0) Control System For the Lancaster Lagoon The 1999 Water & Sewerage Capital Program contains Funding to upgrade and install various mechanical components of wastewater treatment and pumping facilities. One of the identified projects is the installation of blower controls and an automated oxygen control system for the Lancaster Wastewater Treatment Facility. The Lancaster Lagoon is the primary treatment facility on the City's West Side, and provides biological treatment by means of an aerated lagoon and polishing pond. Oxygen is supplied to the lagoon by means of 5 large blowers powered by electric motors. Oxygen generated is introduced to the bottom of the lagoon, by means of underground piping. The oxygen required for the lagoon process is a function of a number of elements; including temperature, composition of the wastewater and lagoon conditions. The current system does not allow for the automatic control of oxygen flow to the four lagoon cells or for the automatic control of the number of blowers in operation. M & C 99 — 293 August 5, 1.999 Page 2 ANALYSIS Various energy savings improvements have been made in Water and Sewerage Services over the past 2 years. To date these have included electrical upgrades, building improvements, and ventilation changes to name a few. The upgrade proposed herein will enable the Facility to operate more efficiently. This is very important in that the energy required to operate the Lancaster Lagoon is significant - expected to be in excess of $180,000 for 1999. It is staff s opinion that savings of approximately 16% per year will be realized. Automated controls would ensure a more consistent supply of oxygen to the facility, thereby supporting a more stabilized, yet flexible treatment process. A detailed Terms of Reference document was developed by staff, and a public Call for Proposals made for the design and installation of a blower control and dissolved oxygen (D.0) control systems. Submissions were received from four companies. A Review Committee of staff was selected to complete an analysis of all aspects of the submissions: • Dan Harvey, Water and Sewerage Services • Samir Yammine, Property Management • Art Hovey, Instrumentation, Water and Sewerage Services • Terry Stevens, Instrumentation, Water and Sewerage Services • Roy Nolan, Plant Operator, Water and Sewerage Services • Scott Johnson, Buyer, Purchasing Each team member completed an independent review of the submissions, and Joint discussions were held to develop the final ranking of submissions. The Review Committee came to a unanimous conclusion on recommendations, which follow later in the report. The purpose of the evaluation procedure was to use the expertise of a variety of staff, to ensure a comprehensive review of the various submissions. The proposed work is technical in nature (associated with the control systems). The impact on day -to -day operation of the facility was carefully reviewed, to ensure that the facility will operate as effectively and efficiently as possible. It is for these reasons that cost, although important, could not be the sole determining factor in making a selection such as this. Proposals were received from four firms: • Litetec — Dead Office, Fredericton N.B. • Controls and Equipment Ltd. — Bead Office, Moncton • Advanced Monitoring Technologies Inc. — Head Office, Keswick Ridge N.B. • Omnitech Inc. — Head Office, Dartmouth N.S. M & C 99-293 August 5, 1999 Page 3 After due consideration of all proposals, the Review Committee unanimously selected the submission of Advanced Monitoring as the best proposal based on a overall rating of the evaluation criteria - technical proposal, personnel, company experience, cost, and presentation. The submission had a detailed outline and design for blower controls and dissolved oxygen measuring systems, along with capabilities for future expansion, and redundancy, build into their system. The cost of the proposed work from Advanced Monitoring is $59,953 plus applicable taxes. A total of $150,000 was approved in the 1999 Water and Sewerage Utility Capital Program for a variety of Facility upgrade projects, this being one of those. It is recommended that the proposal of Advanced Monitoring and Technologies Inc., for the supply and installation of a Digital Blower Control System and Dissolved Oxygen (D.O.) Control System, for the Lancaster Wastewater Treatment Facility be accepted at a cost of $59,953 plus applicable taxes, and that the Mayor and Common Council be authorized to execute the appropriate contract documents. tted, MI Groody, P.-ng. Commissioner MfuniXc'al Operations Terrence L. Totten, C.A. City Manager 12 T TO COMMON COUNCIL 447 .. f August 5, 1999 City of Sint john Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Members of Council, ADDITIONAL CONTRACT 99- 5- PHASE VIII CLOSURE SPRUCE LANDFILL The final closure procedure for the Spruce Lake Landfill has been underway in several phases since 1992. The design and construction cost of the total close -out process is estimated to be $8.66 million, to be funded equally by the City and the Provincial. Department of Environment, with an anticipated completion date in the year 2009. To date, approximately $9.93 million has been spent in the first phases of the work. Common Council approved $250,000 in the 1999 Capital Program, as the City's share for this year. At its May 17th, 1999 meeting, Council was informed, in a letter from the Minister, that the Province had approved $300,000 as its share for 1999. Upon awarding the contract for 1999 work, Council was informed that staff would return to Council with a future recommendation on how best to utilize these and other unexpended project funds. The City should take full advantage of the cost shared funds available for the closure by matching the approved funding level provided by the Province. WE zI ORENU M C-99 .0 Contract .:.. Page 2 Contract 99 -5 was awarded to Galbraith Construction Ltd. by Common Council at its meeting of May 25,1999 at a tender price of $352,747.50. This contract consisted of grading, excavation, importing and placing of granular and clayey material, installation of gas monitoring units, manholes, interceptor piping and landscaping on a portion of the site. Engineering and project management costs for this phase of work are estimated to be $68,000 for a total of $420,747,50 committed to date in 1999. A total of $79,252.50, in budgeted funds remains for 1999 as well as the additional $50,000 from the Province this year. To make use of the latter amount, an additional commitment of $50,000 would be required. The additional $50,000 arises from the commitment of $300,000 by the Province versus $250,000 originally budgeted by the City. A total of $179,252.50 would be available to be expended on Contract 99 -5, with the further commitment of $50,000 by the City. Approval is being requested to increase the quantities contained within Contract 99 -5 to continue with the planned close --out of the Spruce Lake Landfill site, to a maximum amount of $179,252.50 including construction and engineering costs. This expenditure would expedite the closure of the landfill by completing work that would have to be performed in future years. The Contractor, Galbraith Construction Ltd., has agreed to perform additional work at the contract unit prices, if given approval. The unit prices are very good and represent an excellent opportunity for additional work to be completed. The Provincial Department of the Environment has indicated approval for expenditure of their portion of funds for the additional work. 9 0 Contract 99-5 Page 3 As previously stated, the amount allocated by the City in the 1999 Capital Program, for the Spruce Lake Landfill, is $250,000. This approval was based on the original indication from the Province that their share for 1999 was limited to $250,000. In a letter received from the Minister, the Province approved $300,000 as its share for 1999. Staff intend to return to Council with a report recommending the deferral of the $80,000 City share for a project on Rothesay Avenue to install portions of new curb and sidewalk, drainage control, partial road excavation, planing and paving. This project requires an additional $330,000 from the Province to complete and as Council is aware, the anticipated funding commitment has not come about for this year. Accordingly, we propose that $50,000 of the $80,000 be redirected toward this project. Approval of these additional funds would provide for a total expenditure of $600,000 in 1999 to be funded in equal shares by the City and the Province. % • • 1 1 D' , !, It is recommended that Common Council approve a further $50,000 toward the closure of the Spruce Lake Landfill, and further that an additional expenditure of $170,252.50 be approved for Contract 99 -5, Phase VIII Closure - Spruce Lake Landfill, plus an additional $9,000 for engineering services, for an overall project total of $600,000 for 1999. 0 submitted, Terrence L. Totten, C.A. City Manager Encls. atons z UL CY) a) C a) > co 'E LPJ LIJ LU LL < z 0 Lli ZZ 0 z ui W Lo -J ) . LLJ 0 D cc E C) U) o < . cr- LLJ U 0 U) < U o cc, --i z U 0 U LLI U) CL Q0 O 0 � co co CL 0 0 d (1) CY) U> 00 + ca 0 _0 co 00 Ili 0 cl� LD LO LO + m 0 LO LO LO Lo tm CD (D (0 0 4- 0) 0 4 .n 1 'R 00 co Q as co 0 a- (D E C/) W O 0 0 q q 0 0 -C C � Ci r- 0 cc 0 c m > co 0 ri 0 c > P L6}... U) Q 0 LO U- M -U> 0 O 0 0 0 c C6 N, 0 Q (D LO 0 0 E E 0 0 0 LO c� m 0 CY) 0 + a 0 0 0 C,) M > CD 0 o -(A M CL C-) 0 0 0 OL CD 0 0 r- 0 (D 'a r- 0 0 Z 0 A c o to co c u 0 W E co co .2 +1 uj O 0 C; 0 0 d U> 0 _0 0 G Lo 0 1) Lo tm (D 0) (D E O 0 -C 0 cc 0 c m > co 0 ri 0 c It P 0 U) Q 0 LO M -U> 0 E 0 0 c C6 N, Q (D LO E 0 0 0 c� 0 CY) 0 + LO 0 o -(A 0 0 C� 0 C; r- 0 'a r- 0 a) 4j> co c u 0 W E co co .2 +1 uj 0 o as o 'o Ul zz zz 4 M&C -99 -288 August 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Pits and Quarries City of Batt John In the early 1990's there were a number of proposals for new rock quarries as well as issues related to continuing operation of existing pits. Staff recognized that the existing regulations were deficient in a number of areas. As a result, a consultative process was initiated with the Province, industry and citizens. The resulting document Pits and Quarries Aggregate Resource Strategy was tabled at Council in April 1994. (The Executive Summary is attached.) Notwithstanding the consultation undertaken, it became evident during public meetings and other presentations to Council that there were still strongly divergent views. The Public Hearing which had been set to adopt a new "PQ" Pits & Quarries zone, and rezone all existing pits and quarries was cancelled in June of 1995. Until recently little work was undertaken. Staff have been assigned to other projects within and outside Community Planning. This and other projects which required attention resulted in staff being re- assigned to Community Planning in 1999. Initial meetings re-affirmed the continuing need for updated policies for pits and quarries. These include: ENERMANNINUM e Report to Common Council August 5, 1999 Page 2 Identification and protection of important aggregate supply areas to ensure urban development does not make them inaccessible. 2. Policies which support the resource development in identified areas. 3. Separate standards which recognize rock quarries as distinct from traditional pits. 4. Standards and procedures to permit excavation (sometimes significant) prior to other development. 5. Up to date standards to ensure aesthetic and environmental issues are addressed during operation. 6. Revised standards for rehabilitation both ultimately and as work progresses in the site. 7. Enforcement of adopted standards. 8. Standards for trucking from the excavation sites to the construction sites. 9. A "PQ" fits & Quarries zone, as opposed to the present "permitted as of right" in the rural and industrial zones. 10. Policies and procedures which recognize provincial initiatives in this area. Most, but not all, of these issues have been discussed with industry and citizens previously. Next Steps: Excavations issues in the past have resulted in strongly held and divergent positions being taken by the various interests. This will likely continue to be the case. Staff has already begun to prepare a detailed package of recommendations to address the issues enumerated earlier. This package will be presented to Council in September. Consultation with citizens cannot realistically be initiated until the beginning of the school year when vacations are typically over. Those individuals and groups which participated previously will be contacted as well as others who have expressed interest more recently. Changes in policies and standards in this area will require formal public hearings following this consultation as both the Municipal Plan and Zoning By -law contain 1 Report to Common Council August 6, 1999 Page 3 provisions on excavation. It is anticipated that these hearings could occur later in the fall. The present policies and standards concerning excavation date from the 1970's and require updating. There have been earlier attempts to revise these standards in the early 1980's and most recently in 1995. Agreement with either the industry or residents has been difficult and little of substance has been finalized in formal amendments. It is proposed to bring a realistic package to Council in the fall of this year for adoption. The views of both the public and industry will be sought, but in the final analysis certain changes will be required. When specific proposals are required these will be forwarded to Council for review. 1= 1 This report be received and filed. Respectfully submitted, 6 J- MCIP mmunity Terrence Totten, C.A. City Manager JRB /rnrnf Report to Common Council August 5, 1999 Page 3 The present policies and standards concerning excavation date from the 1970's and require updating. There have been earlier attempts to revise these standards in the early 1980's and most recently in 1995. Agreement with either the industry or residents has been difficult and little of substance has been finalized in formal amendments. 4 It is proposed to bring a realistic package to Council in the fall of this year for adoption. The views of both the public and industry will be sought, but in the final analysis certain changes will be required. When specific proposals are required these will be forwarded to Council for review. COMMENDAi.T'ION: This report be received and.filed. Respectfully submitted, Terrence Totten, C.A. City Manager I i _I The Pits and Quarries Aggregate Resource Strategy has been prepared in response to Common Council's request to review the development process for pits and quarries in the City of Saint John. This document recommends a number of policies and actions which will help to guide the development of pits and quarries in a manner which is compatible with other forms of urban development. The most important recommendation is that a Pits and Quarries Zoning designation be established. This new zone would contain many of the standards of the existing section of the Zoning By Law dealing with pits and quarries, Section 880, and also includes a number of new standards to guide the development and operation of pits and quarries in the City. Aggregate extraction has taken place in Saint John for many years dating back to the 1700's. A readily available supply has allowed Saint John to continue to be a supplier of aggregate to the building industry. The study area, covers a radius of approximately fifty miles from the City center (City Hall), and includes the entire City of Saint John and the majority of neighbouring suburban communities. This radius was set as the current upper limit at which aggregate can be economically supplied to the City of Saint John, the greatest market in southern New Brunswick. Any farther from a major market area and transportation costs begin to make aggregate less affordable for construction purposes. This planning process has involved a partnership between two levels of government, the City of Saint John and the Provincial Department of Natural Resources and Energy (DNRE). Ongoing input has been gained through a committee of residents and a committee of pit and quarry operators who have helped staff and themselves gain a greater understanding of the issues. DNRE have provided information on the potential aggregate resource base within the study area. This information comes from a compilation of previously published reports, resource mapping and site investigations. The DNRE report concludes that, "the greater Saint John region has sufficient sand and gravel resources, which could presumably meet most local aggregate demands at current and projected levels of consumption for decades." With cultural constraints taken into consideration it is estimated that the study area has a sand and gravel resource base of approximately 530 million tons (478 million tonnes). It is estimated that "the region appears to hold bedrock resources adequate to meet demand for many decades to come". Excluding areas that are perceived to be unavailable because of cultural constraints, the total estimated primary and secondary bedrock reserves within the study area are 7.5 billion tons (6.8 billion tonnes). Forty percent of these reserves, or 468 million iii tons (422 million tonnes) are less than 25 km from the city center. Over 90% of this total estimated bedrock resource base is outside the city limits. Using a twenty year history of aggregate consumption in New Brunswick as a trend indicator, the future demand for aggregate has been forecast to continue to be approximately 14% of Provincial consumption. Accordingly, aggregate consumption for the City by the year 2002 is forecast to be 1.58 -million tonnes per annum.1bis represents a 25% increase over the current annual demand. The largest percentage of aggregates by volume are used for road construction and road resurfacing (84%). Aggregates for concrete, to be used in the construction industry, is the next largest use (7%). All other uses of aggregates are a relatively small portion of total aggregate consumption, although impacts and benefits of extraction of the product may be significant when limited to specific are-as of the Province. Based on the demand projections, preliminary information suggests that there is a sufficient undeveloped aggregate resource base in the study area to adequately meet the needs of the construction industry for many decades. This conclusion is based on the condition that appropriate measures are implemented to protect these resources from conflicting land uses. To ensure that the supply of aggregates remains available for future development it is recommended that a regional land use planning approach be adopted. Regional land use policies will ensure sources of supply are preserved for future use when supplies at operating sites become depleted. The positive and negative impacts of developing the resource were identified with the assistance of the residents and operators committees. The greatest positive impact of aggregate resource development in the region is the provision of an affordable supply of quality aggregate to the development and road building industry to facilitate the development of our community. It was recognized by both committees, that the development of pits and quarries can and has had a negative impact on adjacent land uses. The negative impacts identified by residents most frequently focused on truck traffic to and from excavation sites, the nuisance issues from the excavation activity on site, and property values. These impacts effect the quality of life for those who live adjacent to pits and quarries and along the truck routes to the excavation sites. Management alternatives to mitigate these impacts have been recommended in Section 5.0. These recommendations, if adopted, will guide the development of pits and quarries in the City and study area and provide the basis for amendments to the City's Municipal Development Plan and Zoning By Law. The management recommendations were developed to reach the following objectives. First, it is recognized that there is a need to have an affordable iv supply of aggregate for the development industry. Second, it is recognized that in order to maintain resource availability, undeveloped resource areas should be protected. Third, the development of these resource areas must be undertaken in a manner which minimizes negative impacts on adjacent land uses. One means towards achieving all three is to ensure protected resource areas are separated from other forms of non compatible development. Fourth, the need to have progressive rehabilitation for existing and new operations is a necessity in maintaining an attractive, safe, and sustainable community. The last section of the strategy deals with topsoil removal, currently a use of land which is not permitted within the City and one which the Province's CLURE recommend not be permitted outside of the City. This section addresses a number of concerns which have come to the City's attention over the past few years regarding the excavation of topsoil for commercial sale. Topsoil removal has similarities, as a use of land, to the excavation of sand and gravel pits and also has a potential negative impact on the natural environment. Therefore it was considered appropriate to deal with the issue in this strategy. Topsoil is not uniformly distributed throughout the City and therefore the need to provide suitable topsoil to are-as where it does not exist must be addressed. It is recommended that topsoil removal be permitted in specific areas and only in accordance with appropriate standards to control negative impacts. Partly due to the shortage of naturally occuring topsoil, the manufacture of topsoil is a growing business in Saint John and can provide a suitable alternative. Companies providing this alternative are now perfecting the mix which includes the use of materials which may otherwise be added to the waste stream. It is recommended that the manufacture of topsoil be a permitted method of providing topsoil in accordance with appropriate development standards. In conclusion, this report provides a comprehensive review of the aggregate and topsoil industry in the study area and provides the basis for decision making for the future development of the community of Saint John. The input gained from the public, industry, Department of the Environment and the contribution made by the Provincial Department of Natural Resources and Energy has contributed greatly to the quality of this report. All those who have participated have in this study have gained a greater appreciation of the issues and for the need to have a sustainable and regional approach to aggregate resource development in the study area. The recommendations from this report will form the basis of further public discussion and the development of final Municipal Development Plan policies and Zoning By-law standards to be adopted by Council. As was expected, v however, there is not a concensus on all of the specifics of Municipal Plan and Zoning By Law amendments and therefore a further detailed report will be required for amendment purposes and the final steps of this process. Vi 1q, REPOffF, TO COMMON COUNCIL elln City of Saint John August 5, 1999 Her Worship Shirley McAlary and Members of Common Council • 6� v W am • Zoning Violation — 303 Milford Road Unsightly Premises —10 Mary's Place FiT34T.Ifel-N• MLN At the meeting of June 28, 1999, Common Council referred to the City Manager a number of requests from Mrs. Jane Barry. In particular, Mrs. Barry asked to be updated on the zoning of the property behind Milford Road overlooking the Irving Pulp Mill, and asked that the City investigate the unsightly condition on the short street in the Dominion Park Beach area known as Mary's Place. F-A ki Y__A W&i 303 Milford Road — Council may recall that at that same meeting the Building Inspector sought and received Council's approval to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an order which will require that the violation of the Saint John Zoning By-law at 303 Milford Road (NBGIC, Parcel # 405373) Saint John, NB, cease within such time as the judge may direct. The City's Legal Department is currently in the process of preparing that application. M & C99-289 - 2 - August 5, 1999 10 Mary's Place, — Mary's Place is a short dead-end street adjacent to Dominion Park Beach. There is a parcel of property on that street (NBGIC Parcel # 55011365) upon which a dilapidated garage filled with a variety of debris is located. The owner of that property, Edward St. Coeur, has been contacted and has made arrangements to meet with staff of the Building Inspector's Office on August 17, 1999, to discuss possible remedies to the unsightly condition. Your City Manager recommends this report be received and filed and a copy of the report be forwarded to Mrs. Barry. Respectfully submitted, Wm. Edwards, Manager J. Claude MacKinnon, P 11 or Commi '6ner E nviro � fnent & DevelQ64 Terrence Totten, CA City Manager WE/Ijv Attachments Services mEruiki TO COMMON COUNCIL June 24, 1999 CAID City of Saint John Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: Designation of Building Inspector for Enforcement Proceedings Violations of the Zoning By-law have been continuing at the following properties for some time: 0•-Tu It We wish to proceed to the Court of Queen's Bench for Orders which would require that the owners of the properties in question comply with the by- laws. In order to pursue alleged violations which require an application made to the Court of Queen's Bench, it is necessary that Common Council adopt a resolution designating the current building Inspector, William Edwards to initiate and proceed with the application. M & C 99 -236 - 2 - June 24, 1999 Your City Manager recommends that the following resolutions be adopted: WHEREAS the property that is located at 303 Milford Road (NBGIC parcel number 405373), Saint John, N. B., is zoned Neighbourhood Institutional (IL-1) under the Saint John Zoning By-law, but is being used for the parking and/or storage of equipment and vehicles and machinery, and WHEREAS the use of a property for the parking and/or storage of equipment and vehicles and machinery is not permitted in a Neighbourhood Institutional (IL-1) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 303 Milford Road (NBGIC parcel number 405373), Saint John, N. B., cease within such time as a judge may direct. TTMEREAS the property that is located at 2243 Loch Lomond Road (NB,GIC parcel number 328187), Saint John, N. B., is zoned One and Two Family Suburban Residential (RS-1) under the Saint John Zoning By-Jaw, but the garage that is located on it is being used as an automobile body repair shop, and WHEREAS an automobile body repair shop use is not permitted in a One and Two Family Suburban Residential (RS- 1) zone, THEREFORE, be it resolved that Building Inspector William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick for an Order which will require that the violation of the Saint John Zoning By-law at 2243 Loch Lomond Road (NBGIC parcel number 328187), Saint John, N. B., cease within such time as a judge may direct. Jane Barry Your Liberal Candidate in Saint John Lancaster Telephone.,, 633-0920 Facsimile: 633-0921 e-Mail: jane.barry n net.n :.ca Energy Integrity Enthusiasm 7 7 7 7-77, 9M]"Immme Miss Shirley McAlary & Members of Saint John Common Council P.O. Box 1971 Saint John,N.B. E21- 4.1 Dear Mayor McAlary & Members of Council, Some residents of Milford Road have recently approached me with regard to heavy equipment which is stored behind Milford Road overlooking the Irving Pulp Mill. There is a float which I believe is sometimes used by the St. Mary's band in parades and other equipment stored there as well as material being dumped. Could you kindly update me on the zoning in this area and if activities on this property meet with your approval. Thank you for your consideration. Sincerely yours. Jan, Barry • cc.- Terry Totten, City Manager Miss Shirley McAlary & Members of Saint John Common Council P.O.Box 1971 Saint John,N.B. E21- 41-11 Dear Mayor McAlary & Members of Council, lir - NUMNERKOZ It has come to my attention recently that unsightly buildings and debris exist on a short street in the Dominion Park Beach area known as Mary's Place. Neighbours are anxious that the property be cleaned up and that the buildings be demolished. I understand that the owner is Ivan St. Coeur, although this has not been verified. I would appreciate if your building inspector would look into this situation and thank you for your assistance. Sincerely yours, cc: Terry Totten, City Manager I 1 -0 . 0 AW&FOLW11111111 - - 98 Main Street West, Saint John, �N B , July 20, 1999 City of Saint John Mr. William Edwards P. O. Box 1971 Saint John, N.B. E2L 41-1 Dear Sir: It uas my understanding that the City would dump all the fill on the property when they did the job of installing the pipes at Dominion Park, but instead it was hauled t---s other locations so I believe this is part of the problem. I will be in Saint John on the 17th of August and I will be willing to meet with you at the site to look over the situation. Yours truly, Edward St. Coeur 506 395-2321 '' ° REPORT 710 COMMON COUNCIL a: ,! 1 M August 6, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council Your Worship and Councillors: Enforcement Action at 941 Golden Grove Road ,I City of Saint john. At its meeting of June 28, 1999, Council referred correspondence from Mr. Carl K. Collins of 1300 Golden Grove Road to the City Manager. Mr. Collins' letter dated June 16, 1999 expressed concern regarding enforcement action with respect to 941 Golden Grove Road. mNer.VP%Y..q Existing City Policy The Building and Technical Services Department handles all complaints and concerns from citizens in a systematic procedure. When a complaint is received by a phone call or letter, the information is forwarded to the appropriate inspector for an initial inspection. The initial inspection includes an inspection of the property and contact with the owner when possible. If there is no apparent violation, a letter is sent to the complainant stating that no violation was found. If it appears a violation exists at the property, a series of three violation notices will be sent to the property owner explaining the violation and outlining the required action to be taken to bring the property into compliance. The inspector contacts the owner whenever possible. If no resolution is possible after the notices have been sent, the file is forwarded to the By -law Enforcement Officer for review. He /she makes contact with the owner to encourage voluntary compliance. If, at that time, the By -law Enforcement Officer is satisfied that the situation will not be resolved voluntarily, MC99 -281 2 August 6, 1999 a report requesting appropriate legal action is sent to the Legal Department outlining details of the violation and the various attempts to receive voluntary compliance. Enforcement Action. The Building and Technical Services Department has been dealing with this property for approximately seven years. Starting in 1992, a number of complaints have been received with respect to derelict vehicles and a possible vehicle repair operation located on the property. Throughout the seven years, Building and Technical Services staff have investigated and sent violation notices. The owner has also been contacted on a number of occasions to discuss compliance with the by -laws. At various times throughout the enforcement process, the owner of the property has complied with our requests. The property is monitored on a regular basis, and complaints are dealt with as they are received. However, at no time have the inspectors been able to gather sufficient evidence to conclude that a repair business is operating at this location. On August 4, 1999, the By -law Enforcement Officer inspected the property and spore with individuals on -site. There were approximately five derelict vehicles on -site, however these could not be seen from Golden Grove Road. The individuals indicated that their hobby is "four - wheeling" and the derelict vehicles are used for parts for their trucks. There was no auto repair work going on at the time of inspection, and there was no evidence that a business is operating at that location. Personnel of Building & Technical Services will continue to monitor this property and take appropriate steps if and when required. i. Your City Manager recommends that this report be received and filed. Respectfully Submitted, Wm. Edwards, P. Eng. Manager, Building and Technical Services J. ClaWe MacKinnon, P ent apd Development Services Terrence Totten, City Manager REPOR]r TO COMMON COUNCIL 17A 1.11 rel 1$6 1 �, �10, August 4, 1999 Her Worship Shirley McAlary and Members of Common Council Your Worship and Councillors: Temporary Use (Gravel Extraction), 475 Latimore Lake Road ��pnlg d, h, Cif of Saint John At the June 12, 1999 meeting, Council instructed staff to bring a report for Council's consideration addressing a number of issues relating to the temporary use (gravel extraction) of 475 Latimore Lake Road. At the public hearing respecting the application to rezone the subject property, several questions were raised by residents opposed to the rezoning and by Common Council. This report deals with those questions related to Community Planning and the Building Inspector's Office. The following chronology enumerates the events concluding with the public hearing for the rezoning application held on July 12, 1999. * Monday, April 12, 1999 - Fundy Bay begins hauling material to the future Wal-Mart site from their pit located at 460 Latimore Lake Road. ® Tuesday, April 20, 1999 - Building Permit Issued. Phasel - Site Development First Westmorland Shopping Centre. Fundy Bay Holdings continue trucking sandy fill from their gravel pit located at 460 Latimore Lake Road. * Tuesday, May 18, 1999 - Rezoning application received by Community Planning, placed on Common Council agenda for May 25; scheduled for Public Hearing July 12, 1999. M & C 99-278 - 2 - August 4, 1999 • Monday, May 17, 1999 • Tuesday, May 18, 1999 • Thursday, May 20, 1999 Fundy Bay excavated material • Wednesday, May 26, 1999 from 475 Latimore Lake Road. • Friday, May 28, 1999 9,> • Saturday, May 29, 1999 • Wednesday, May 26, 1999 - Complaint received by Deputy Building Inspector. • Thursday, May 27, 1999 - Investigation by Assistant Building Inspector. No activity, access road blocked off. • Monday, May 31, 1999 - Building Inspector met with Mr. Stephen Langille at 460 Latimore Lake Road, Lengthy discussion regarding the rezoning process. Mr. Langille was informed of the actions that would be pursued by by-law enforcement personnel should Fundy Bay continue to remove aggregate without proper approvals. • Tuesday, June 1, 1999 - Temporary Use application received by Community Planning; scheduled for PAC meeting June 22, 1999. The PAC would normally consider the matter of the rezoning at the July 6 meeting. It was decided that both the temporary use and rezoning application be considered at the committee's June 22 meeting. • Wednesday, June 9, 1999 - Building Inspector received a phone call from Mr. Langille at approximately 9:00am. Mr. Langille called to inform the Building Inspector that he had excavated from 475 Latimore Lake Road for approximately one hour that morning. A particular situation had arisen at the Wal-Mart site which required a small amount of gravel. Mr. Langille indicated that he would not excavate any further on that property until he had secured necessary approvals. • Tuesday, June 22, 1999 - PAC recommended against the rezoning application but granted a temporary use, subject to conditions. "it was moved and seconded to approve the temporary use application for a limited period of thirty days, provided that no excavation occur at the gravel pit at 460 Latimore Lake Road when the temporary pit at 475 Latimore Lake Road is being excavated." There were no additional conditions imposed. • Thursday, June 24, 1999 - The Building Inspector and the Development Officer met with Mr. Langille and his solicitor to discuss the ambiguous wording of the PAC approval, The meeting was at the request of Fundy Bay. Subsequent to the meeting, Fundy Bay applied for a permit. • Friday, June 25, 1999 - A permit was endorsed by the Development Officer and issued by the Building Inspector. The permit was delivered Monday, June28, 1999. • Monday, July 5, 1999 - Excavation began at 475 Latimore Lake Road. • Monday, July 12, 1999 - Rezoning application dealt with by Common Council. M & C 9• -278 -3- Auaust 4, 1999 W-MINIM Notwithstanding the foregoing chronology, there remain a number of questions which require clarification. 1) Why did the Building Inspector issue a development permit for a period of 90 days when the Planning Advisory Committee had approved excavation for 30 days? (see attached) The wording of the PAC resolution is ambiguous at best. "It was moved and seconded to approve the temporary use application for a limited period of thirty days, provided that no excavation occur at the gravel pit at 460 Latimore Lake Road when the temporary pit at 475 Latimore Lake Road is being excavated". There were no additional conditions imposed by the PAC. The Community Planning Act provides that the PAC can permit a use of land for a temporary period of up to one year for a use that is not permitted in that zoning. The PAC also has the authority to impose conditions on any temporary approval. In this circumstance the only condition imposed was that both pits not be used at the same time. The intent was to limit the numbers of trucks entering and leaving pits along that stretch of Latimore Lake Road. Conditions that were not imposed include the standards set out in Section 880 of the Zoning By-law which include hours of operation, prohibition of Sunday operations, security deposits, rehabilitation requirements, etc. Because these conditions were not imposed, the Building Inspector has no authority to unilaterally require these additional conditions. At the meeting subsequent to the PAC decision the applicant, in conjunction with the Building Inspector and the Development Officer, attempted to come to agreement on exactly what was and what was not permitted. The applicant's initial position was that the temporary approval for 30 days meant any 30 days (of the applicant's choice) within the one- year temporary approval authority of PAC. Further, a day consisted of 24 hours, including Sundays. City staff on the other hand believed that the 30 days was meant to be 30 consecutive working days, Monday through Saturday between the hours of 7:00am and 8:00pm. The applicant explained that his current obligations in terms of aggregate supply would not require, and in fact, could not accommodate 30 consecutive days of operation at 475 Latimore Lake Road. The applicant then proposed that he would use his temporary 30-day approval on days of his choice but agreed to be finished that work within six months. City staff did not support that position either. In an effort to come to consensus the M & C 99-278 - 4 - August 4, 1999 following was agreed to by the applicant, the Development Officer and the Building Inspector; that being, The temporary approval is for 30 days within a three-month period, with a minimum of five-day excavation intervals. The hours of operation were to be from 7:00am to 8:00pm, Monday through Saturday, and the applicant was to contact the Building Inspector's Office at the beginning of each five-day interval. Further, the applicant agreed that no excavation would be done at his licensed pit at 460 Latimore Lake Road while he was excavating at 475 Latimore Lake Road. As of the date this report was prepared, the applicant has expended 10 days. 2) What was done in terms of enforcement of the Zoning By-law prior to temporary approval? Prior to PAC approval of June 22, 1999, consultant's records indicate that the property in question had been excavated for six days. The Building Inspector's Office became aware of the activity at the end of the fourth day. The Building Inspector then met with the owner of the pit who agreed to stop excavation at 475 Latimore Lake Road until PAC had dealt with his application. In terms of by-law enforcement, it has been the City's position that voluntary compliance be sought in every circumstance before proceeding with more formal enforcement actions. Because the owners of the property had stopped excavating, and agreed to refrain until his application was dealt with, no stop work order was issued as compliance had already been obtained. 3) Now is it that the PAC could deal with both a rezoning and a temporary approval of the same property at the same meeting? The PAC notification, citizen's concerns, planning issues to be considered in the temporary approval and the rezoning process, are very similar. It would have been difficult for the residents, as well as the Committee, to consider these matters on two separate dates. To ensure a full understanding of the issues by all concerned, one report was prepared for consideration at the June 22 meeting. 4) Can the property owner reapply to PAC for amended conditions (i.e., an extension) of the temporary within the one-year approval authority? M & C9• -278 -5- August 4, 1999 While these matters have not been specifically considered by the City Solicitor, similar types of applications have been reviewed. It is staff's view that the property owner could make an application to amend the conditions of their temporary approval. However, it should be noted that the area residents have initiated an appeal to the Provincial Planning Appeals Board regarding both the jurisdiction of the Committee and impact of the approval. E I q IN There are nine members of the Planning Advisory Committee. Any five members constitute a quorum. NAAMM 401 N-111 Your City Manager recommends this report be received and filed. Respectfully submitted, Wm. Edwards, P. Eng. M/I,anage�-. Buildi Technical Se es LA.Iul Terrence Totten, CA City Manager WE/Ijv Attachments �m DEVELOPMENT PERMIT 9, 1,9 �0 o: City of Saint John OWNER Fundy Bay Holdings Ltd. ADDRESS 346 Douglas Ave. PHONE Saint John, N.B. E2K lE7 LESSEE ADDRESS PHONE CONTRACTOR ADDRESS PHONE LOCATION 475 Latimore Lake Road NBGIC # 327106 CURRENT USE Vacant Land DESCRIPTION OF WORK Temporary excavation of gravel as per PAC conditions of June 22, 1999 meeting. CONDITIONS: No excavation permitted at existing pit located at 460 Latimore Lake Road while material is being excavated at 475 Latimore Lake Road. Temporary approval is for 30 days within a 3 month period with minimum 5 day excavation intervals. Building Inspector to be notified prior to beginning of excavation for each interval period. All gravel roads used by vehicles excavating or hauling excavated materials shall be treated with water, calcium chloride or other dust control . products acceptable to the Department of the Environment. The slope must be maintained as prescribed in the Zoning By -Law of the City of Saint John, N APPROVED BY BUILDING DATE REPORT TO a� W" HIRM&N I; M & C 99 -294 August 9, 1999 co , . r 11 111 111 !111 r ZI r r , r City Market Higher Temperatures & Humidity - Interim Report ia City of saint John During the Council Open Session on July 26, 1999, Councillor Carl A. White raised the issues and concerns of City Market tenants and customers related to problems of high temperatures and humidity in the City Market. The staff of Parks Department and facility Management were aware of these problems and have been working with the tenants of the City Market prior to July 26, 1999. Several meetings took place and all possible options were discussed to find both short and long -term solutions. As Council is aware, the 124 -year old City Market has no central air conditioning system and mainly relies on outside cooler air through the ventilation system. Recent hot and humid weather has added to the existing ventilation problems caused by the construction of an atrium at the Gennain Street entrance and solariums. along North and South Market Streets. An increased number of compressors within the market is further aggravating the situation. As an interim solution, staff have taken the following steps: 1. City Market doors are now kept open during the night, (with security guards on duty), in order to provide natural cooling. 2. New reversible ceiling fans are installed. ,Report to Common Council August 9, 1999 Page 2 3. Size of exhaust fans is being increased to boost ventilation by 60 %. 4. Solar reflection film (sunguard) is being tested to cut heat gain through skylights and glass enclosures.. Services of a mechanical engineer will be engaged to investigate and recommend long terra solutions, along with cost estimates. Staff will keep working closely with the City Market tenants and monitor temperatures. However, there are no effective short -term solutions if the outside higher temperatures persist during the month of August. Once a mechanical engineer completes a review of the existing conditions and possible solution(s), staff will submit a more detailed report and recommendation to resolve heating /cooling issues within the City Market. Your City Manager recommends that this report be received and filed. Terrence Totten, C.A. CITY MANAGER REPORT TO COMMON COUNCIL :414901zly's WAMOON Her Worship Mayor Shirley A. McAlary and Members of Common Council Via City of Saint John. Your Worship and Members of Common Council: I WON 1=1 tm At the last meeting of Council, the attached request was referred to staff for a report and recommendation. Since the time of request, staff has contacted the author of the letter. As a result, staff has agreed to "mark and paint the asphalt surface" as requested by the group. For its part, the group intends to pursue other sources in an effort to secure materials to beautify the cement wall behind the school. That this/.eport be rece�,V��d and filed. Resppttfully-aubmitted, Terrence L. Totten, CA CITY MANAGER Enc. 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. JUL 19 10 MY Sincerely, waaltvt&_4� Constable Robert Buck, South Central Community Officer Henrietta Bums, Vice-Principal St. John the Baptist-King Edward School REPORT TO COMMON COUNCIL August 5, 1999 OPEN SESSION M&C #99-292 Her Worship Mayor Shirley A. McAlary and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Request of the Animal Rescue League OP City of Saint John At the last meeting, Council referred the attached request to staff for a report and recommendation. Staff has had discussions with Ms. Roxanne Ogden regarding the project. At that time, Ms. Ogden was advised that staff would have difficulty recommending that the City provide a grant for this purpose. However, during discussion, Ms. Ogden indicated that it would be of tremendous help if the City could assist with the movement of topsoil and gravel to the site. At the time of the writing of this report, staff was reviewing work schedules to determine if indeed the City could be of some assistance to the Animal Rescue League. Council will be subsequently advised if the City has been able to be of some assistance. V rolo Terry Totten, CA City Manager filed. 134 Taylor Avenue, Saint John, N.B. E2K 3E6 * Phone 634-7033 ® Fax 634-6101 Mayor Shirley McAlary & City Councillors City of Saint John SUBJECT: ARL PROJECT July 12, 1999 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, C Roxanne Ogden Manager �M � LA L L U-=> ro ti U F � � a r R_ CA S b m e h f� Ll F iLl P-0 A VZ- Q W - 9° S O v �ro r C 5 ro � a cr T '0 > Z M o a a � i4 m as C3 n„ LM CJ e S l s C G N � fYi G° c N d� e1 2"If -1P REPORT TO COMMON COUNCIL M&C99 -276 August 9, 1999 HER 'WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL Lot 97-1, Paradise low ,., ,.i City, of saint John Council, at its meeting of March 1, 1999 accepted the proposal from Corporation 1906 Inc. for the sale and development of Lot 97 -1, Paradise Row. This sale arose as a result of Proposal Call REFM 994A. As per the terms of the Proposal Call, the sale was to close within 90 days of Common Council's acceptance of the proposal. More specifically, the sale of Lot 97 -1, should have been completed on or before May 30, 1999. Although the City has been prepared to complete this transaction for several months, the buyer, for various reasons is not. As Council is aware, the buyer is in the midst of rezoning the subject parcel to a commercial zonne. The final reading for the rezoning has been withheld pending the submission of an updated site development plan by the buyer /applicant. David Lunney of Corporation 1906 Inc. is confident that this matter will be resolved to his satisfaction shortly and has asked for an extension of the closing date for the sale of the subject parcel. The purpose of this report is to present this request to Council for consideration. Report to Common Council August 9, 1999 Page 2 I. Strate2ie Plan Conformity /Existing City Policy Land not needed for a current or future municipal purposes can be publicly offered for sale. As per City policy, the subject property was publicly offered for sale. Corporation 1906 Iric. submitted the only bid that met the criteria of the proposal call. This bid was subsequently accepted by Council. It has been the practice of the City not to extend closing dates without a valid reason or an additional deposit. In this instance, the buyer has offered to provide an additional 5 % deposit with his request to extend the closing date. 2. Input From Other Sources Previously, the solicitor acting on behalf of Corporation 1906 Inc. had requested the closing date for Lot 97 -1, Paradise Row be extended to on or before August 31, 1999. At the time of the request, staff chose not to present this matter to Council because of a lack of substantial reason (i.e. the pending rezoning application was not a sufficient reason to go to Council with Corporation 1906 Inc.'s closing date extension request). However, last week, the solicitor for Corporation 1906 Inc. presented an updated request to the City. In consideration for Council's agreement to extend the closing date for the sale of Lot 97 -1, Paradise Row to on or before September 30, 1999, Corporation 1906 will increase their non- refundable deposit to $5,760 (up from $2,880). The Solicitor for Corporation 1906 Inc. has already provided staff with the required cheque. Based upon a number of conversations with the buyer and his solicitor, staff of Real Estate and Facility Management are confident the sale will proceed. Legal has advised that since the sale did not close on or before May 30, 1999, as set out in the proposal call, Council approval for a new closing date must be obtained. Report to Common Council August 9, 1999 Page 3 3. Financial Implications If the sale proceeds as planned the City will receive $57,600 by way of land sale revenues. If for some reason the sale does not proceed, the City will have collected $5,760 by way of a forfeited deposit. i� 1. Your City Manager recommends that Common Council amend its resolution of March 1, 1999, pertaining to the sale of Lot 97 -1, Paradise Row by: Deleting "upon the terms and conditions of Proposal Call REFM99 -1A" and replacing it with "upon the terms and conditions of Proposal Call REFM 99 -.1 A, except for paragraph 10 "; 2. Deleting "with a bid deposit of $2,880 to be held as a down payment on the property" and replace it with, "with a deposit of $5, 760 to be held as a non - refundable down payment on the property "; That the closing date be on or before September 30, 1999; and 4. All other aspects of the resolution be the same. Respectfully submitted, F Sid Lodhi, P. Eng. Manager Real Estate and Facility Management J. Claude MacKinnon, P. Eng.. Vl Commis k6ner viro ment & Develop nt Services Terrence Totten, C.A. City Manager C P CIO \C} Y SOME SET °o °I pyn �.� e Somerset street b B� ]] al 0 a Lot A o �'l f a � S ° O A o f)a a a r 55117699 n �tSX�'�4 �`' � ti 551A3051 ALft d +' SQ a S� QQ4 �b213 i shaded area represents 9 Paradise Ro Proposal Call, 1 M I II I& r r ; The Common. Council of the City of Saint John, has authorized the issuance of a proposal call for the sale and development of the Urban Renewal land along Paradise Row. The subject land was acquired as part of the North land Urban Renewal Scheme and /or the Viaduct Agreement. The terms and conditions of these two agreements stipulate that surplus lands are to be disposed of as approved by the Urban Renewal Partnership. The Partnership consists of CMHC - 50 %, the Province of New Brunswick (MCH) - 20% and the City of Saint John 30 %. An appraisal of the subject land has been undertaken and the results noted herein. The noted appraised market values will ,constitute the upset price. The terms and conditions for the sale and development of the subject land are attached hereto and shall form part of the "Offer of Purchase and Development ". Purchase and Development of Land Proposal.REFM 99-JA Page 2 Paradise Row In preparation of the disposal of this land, The City of Saint John closed a portion of Munroe's Alley and consolidated eight (8) parcels to create a 7,167 m2 lot along Paradise Row. The subject lot contains 120 m of street frontage along Paradise Row, 40 m along Millidge Street, and 65 in along Munroe's Alley. The lot has two distinct elevations. The eastern portion of the lot is readily accessible from Paradise Row, while the western portion of the lot is more accessible from Millidge Street or Munroe's Alley. The rear of this lot climbs sharply towards Somerset Street. Water and sewer services exist along Paradise Row and Millidge Street. The subject land has recently been appraised. The appraised market value for the subject land is 555,000. This value will form the upset price for the sale and development of this land. The Paradise Row land is zoned Three Storey Multiple Residential (RM -1). This zone permits the following uses: a one family dwelling, a two family dwelling, a multiple dwelling and a number of conditional uses subject to the approval of the Planning Advisory Committee. More information on zoning can be obtained by calling the Community Planning Division of the City of Saint John (658 -2835) The City is receptive to the concept of rezoning the subject lands. However, any rezoning applications resulting from this Proposal Call will be judged on its own merits and subject to the normal procedures for such applications. The Common Council of the City of Saint John is not explicitly or implicitly obligated to approve any such application arising from this Proposal Call Purchase and Development of Land Proposal REFM 99 -1A Page 3 1. Proposals will be -evaluated based upon price and best use of the land, as deemed appropriate by the City. The projected time frame for the start of construction, phasing and servicing are also important decision factors. However, land use and sale price will be the prevalent factors in the award of this proposal. 2. The highest or any bid /proposal is not necessarily accepted. An upset price has been established for the subject property, as noted herein. Bids which are below the upset price will be rejected. 3. A bid deposit of not less than five (5 %) percent of the proposed purchase price must accompany each bid. The bid deposit merit take the form of a certified cheque made payable to the City of Saint John. Bid deposits from unsuccessful bidders will be returned to the bidder after City staff report the results of this proposal to Council, The bid deposit from whom. Council has authorized the sale of land will be retained by the City as a down payment on the said land. 4. Full payment is due on transfer of title which shall be within 90 days of the public Common Council Meeting, at which the proposal is accepted. Failure on the part of the successful bidder to complete the transaction will result in a forfeiture of the deposit. 5. Within 30 days of the acceptance of the proposal by Common Council, the purchaser may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit will be returned. 6. It is the purchaser's responsibility to cheep the availability, integrity and location of municipal and public utility services. The City will deal with applications for lateral installation and other costs associated with a potential development in the same manner as if the property was owned by others. 7. The City's objective for selling this property is to generate new tax revenues for the City of Saint John, as well as to meet the City's obligations to the Urban Renewal Partnership. In the Form of Proposal, please outline the proposed use /development for the subject property(ies). State your start and completion dates for the proposed development, the estimated value of construction, and other proposed land improvements. Failure to provide this information will result in the rejection of your bid, 8. The proposed development of the property must be in accordance with all City bylaws and regulations. 9. If rezoning or a variance is required and if Common Council so agrees, an option to purchase the property can be granted, on terms and conditions to be negotiated. Purchase and Development of Land Proposal REFM 99 -IA Page 4 10. The City reserves the right to reacquire the subject property(es) for the sale price (and no additional amount) if development has not commenced within 12 months, or as agreed to by Council. 11. All sales are subject to HST and normal land transfer adjustments which will be made at the time of closing. Any site selections fees or real estate commissions that may become payable as a result of a sale of the land (noted herein) will be the responsibility of the Buyer. 12. During the proposal opening, only the Bidders names and addresses will be read. 13. The subject property is to be sold on an "As Is" "Where Is" basis. The City of Saint John offers no warranty as to the suitability of the building or environment conditions of the subject property. 14. The Form of Proposal when accepted by Common Council, shall constitute a contract of purchase and sale binding upon the parties hereto. 15. The Form. of Proposal when accepted, shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 16. Unless unauthorized by Common Council, the Form of Proposal cannot be assigned. 17. This Form of Proposal or any amendment thereof, is subject to the approval of the Common Council of the City of Saint John, 18. Proposals received by fax will not be accepted. 19. Questions may be addressed to Dan LeBlanc, Real Estate and Facility Management at 658 -2869, Purchase and Development of Land Proposal RE"FII 99 -.1A Page S 1 4W , R, la, 'cQ'SAL'tSTJ'ia, Submissions are to be mailed or hand delivered (not faxed) in a sealed envelope and marked on the outside - "Proposal for the Purchase and Development of Land - City of Saint John" REFM 99 -1A to; Sid Lodhi, P. Eng., Manager Deal Estate and Facility Management City of Saint John, NB PO Box 1971,15 Market Square 11'x' Floor, City Hall Saint John, NB E2L 4L1 Proposals are to be received in the Real Estate and Facility Management Division prior_ to 4:00 p.m., 'Thursday, February 11, 1999. Late proposals or proposals delivered to the wrong location will be rejected and returned unopened, to the sender. A. I /We acknowledge and agree that the purchase and sale of land arising from this submission is subject to the terms and conditions specified in this Proposal Call. I hereby offer the amount of $ + HST for the purchase and development of the vacant lot identified as Lt _97 -1, PARADISE ROW, as generally shown on the attached plan. A certified cheque, payable to the City of Saint John, in the amount of 5% of the offer is enclosed as part of this submission. B. I /We propose to use /develop the subject property as follows: C. I /We plan to start construction on or before: D. I /We estimate that construction will be completed on or before: E. The estimated value of the construction is $ F. I /We plan to perform the following improvements to the land which are estimated at: $ G. Any other remarks, please attach a letter. COMPANY: ADDRESS: NAME: (PRINT) SIGNATURE TEL. NO.: FAX NO.: DATE: CERTIFIED CHEQUE ENCL. 5% OF BID PRICE REPORT TO COMMON COUNCIL REPORT TO COMMON COUNCIL 0� M1 Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Councillors: Improvements to King's Square through Partnerships C141 City, of Saint John Over the past few years, staff and Council have received a number of letters and complaints about various aspects of King's Square, ranging from vandalism to lack of seating. Council previously approved $10,000 from the Stockford Memorial Fund to improve the flowerbeds, bench and garbage receptacles and replacement of some large trees lost in last year's ice storm. However, staff chooses not to expend those funds until such time as a partnership could be developed. Staff of Recreation and Parks was approached by Uptown Saint John Urban Design Committee in hopes of partnering with the City to provide more enhancements to King's Square in a joint year 2000 project. Staff in turn approached the Preservation Review Board to become a partner since King's Square is in the preservation area. Recreation and Parks Staff in consultation with the Preservation Review Board developed a list of projects for King's Square that would greatly enhance the Square and assist in preventing vandalism. Uptown Saint John submitted a request for funding to the Province's Community Improvement Program based on this idea and were successful in securing $28,997 towards the project. The entire project which was submitted is estimated to cost $100,000. The proposed project involves a partnership with City of Saint John, Uptown Saint John and the Preservation Review Board. The overall intent of the project is to enhance King's Square in the year 2000 and at the same time address a number of ongoing issues happening in King's Square. The project will involve the installation of permanent benches, cleaning, re-pointing and vandal proofing monuments, providing recognition to Report to Common Council Improvements to King's Square Page 2 Fannie Stockford for her generous donation, replacing lost trees and upgrading the bandstand by providing flood lighting. The breakdown would be as follows: 32 permanently installed benches .. . . . . ........................................... _ ............... 32,000 Purchase of 10 to 20 heritage waste receptacles ...................................... ...... _ 6,000 Memorial for Fannie Stockford and a history of King's Square re-pointing of monuments ............................................................................. 5,500 Anti-vandalism treatment for monuments ............. _ ..... .... ............................. 3,500 Horticultural enhancements, tree replacement...................__.. .........,..............21,000 Flood lights for bandstand ......... ......... __ ......... __ ................... .......... ....... 24,000 Total $ As part of the anti-vandalism measures, the planter at the top of King Street will be made skateboard proof. IF 1111 I ii`il The Community Recreation and Open Space Strategy encourages the partnerships of various groups working towards a common goal for a common good, supports enhancing existing facilities and promotes historical preservation, In order for staff to expend funds from the Stockford Memorial Fund and to secure funding from the Land for Public Purposes Fund, approval must be given from Common Council, At present, there is a commitment of $28,997 from Uptown Saint John and a $10,000 commitment from the City of Saint John through the Stockford Memorial Fund. To meet the requirements of the project and additional $61,000 is required. The Stockford Memorial Fund which is designated to King's Square maintenance and improvements could be tapped for an additional $18,997 to match the funding from Uptown Saint John and the remaining $42,006 could be provided from the LPP fund to cover the costs of the new installations such as benches, garbage receptacles and trees. If Council would prefer to use the entire Stockford Memorial Fund, this would provide an additional $56,000 and all that would be required from the LPP fund would be $5,000. Staff would prefer not to deplete the Stockford Memorial Fund all at once and would support using additional funds from the LPP fund. 0 k 107.11111110 It is recommended that Common Council: Report to Common Council Improvements to King's Square Page 3 Support the three way partnership to enhance King's Square as one of a number of year 2000 projects, and that; 2. An additional $18,997 be provided from the Stockford Memorial Fund to be used in conjunction with the already approved $10,000 towards the project, and that; 3. The amount of $42,000 be approved from the Land for Public Purposes Fund to provide the balance of the funding for the project. ;I Respec Ily submitted 2- Terrence Totten, CA City Manager 07/25/99 11'48 MOH 4 5066582802 NO.157 P002/002 Minister MLH1iC11)3/ties mi.kigtrc W1111C LI)AIC"IN New [14ouveauQ Birunswick Mr. Colin Whitcomb, President Uptown Saint John Inc. 40 King Street Saint John, New Brunswick F-21- 1 G3 ME= In regard to your application for Boautification Assistance under our Department's Community Improvement Program, I am pleased to inform you that we will commit to a financial incentive of 40 percent of the eligible costs of the project to a maximum of $ 28,997. This maximum has been reduced to 80 percent of your request clue to the high demand for funds under the Program. This commitment is subject To the terms and conditions outlined in the attached contract, which must he signed and returned to the address indicated in the contract. Further, all claims must be made on the enclosed claim fo(m and accompanied with a copy of each invoice and cancelled cheque before December 31, 1999. Yoor application has been assigned the project number noted above. For our budget purpose it is imperative that you submit a process report by July 31, 1999. We ask that you quote This number in all tutura correspondence. Thank you for your interest in our program and good luck in your efforts to improve the Central Area of your community. Sincerely, Joan MacAlpine Enclosures: Schedule "A" Claim form cc; Mayor Shirley McAlarV Tel li'deplinlic : 11.0. NIX 6000 ('she Im.stak: 6000 1"TCEICOCIM) Fredcliclon NvW Anioswick N(Illuvall-11flinsw1c]L REPORT TO COMMON COUNCIL August 5, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Land Exchange/Adjustment of Simpson Drive Right-of-Way and Section 39 Amendment 77 Glen Road (Former Daly Convenience Store) U., M, is ilil�ll C h, City of Saint John In 1989 the Section 39 conditions applicable to the above-noted property were replaced with a Section 39 agreement which provided for the construction and operation of a new convenience store in accordance with an approved site plan, subject to a number of conditions. After the new store was built it was discovered that the site development was not in accordance with the approved plans and, in fact, portions of the building and fence were encroaching upon the Simpson Drive right-of-way. The owner submitted an application for amendment to the Section 39 agreement in February of 1991, requesting that the development be approved "as built". Implicit in this application was a request that the City permit the encroachment on the Simpson Drive right-of-way to continue. Staff and the Planning Advisory Committee recommended that this request be denied and that a solution to the building encroachment be found which is satisfactory to the Chief City Engineer and Development Officer. An adjustment of the right-of-way was suggested as a possible solution. Council tabled the application to permit discussions between the applicant and City staff concerning the Committee's recommendations. Report to Common Council August 5, 1999 Page 2 ANALYSIS: The new owner of the convenience store, East Coast Convenience Stores Ltd., has made arrangements with the two property-owners on the opposite side of Simpson Drive (W. Pederson Ltd. and N.B. Supply and Services) to provide the necessary adjustment to the right-of-way. The attached tentative plan has been submitted which, if approved, would: vest an approximately 246-square-metre portion of the W. Pederson Ltd. property (shown as Parcel A) and an approximately 144-square-metre portion of the Province's land (shown as Parcel B) as a public street; create Parcel C, an approximately 265-square-metre portion of the existing public street, to be closed and consolidated with the East Coast Convenience Stores Ltd. property to form Lot 96-1. Before such a plan can be approved by the Development Officer and filed in the Registry Office, the following approvals are required: adoption of a by-law to close the portion of the existing public street (Parcel Q; and assent of Common Council with respect to the vesting of Parcels A and B as a public street (a recommendation from Planning Advisory Committee will be required before Council can give its assent); approval by Common Council to convey Parcel C to East Coast Convenience Stores Ltd. in exchange for Parcels A and B. In addition, the matter of the discrepancy between the existing site development and the plans attached to the Section 39 agreement needs to be resolved. Although the 1991 application (tabled in April 1991 but officially still active) has already been through the public hearing process, the amount of time that has transpired would suggest that it be readvertised for a new public hearing and referred once again to the Planning Advisory Committee. The owner's solicitor has submitted a new application for amendment to the Section 39 agreement, which has also been placed on Council's August 9, 1999 agenda. It would be desirable to have these matters considered as concurrently as possible. The earliest date on which the required public hearings could occur would be September 20, 1999, However, a hearing date of October 4, 1999 is suggested to allow sufficient time for the street closing process to be initiated (i.e. the advertising of Common Council's intention to consider the passing of a by-law to stop up and close a portion of Simpson Drive). This will also provide sufficient time to permit the applicant's surveyor to verify the exact dimensions of the proposed Parcel C in relation to the recent curb and storm sewer work Report to Common Council August 5, 1999 Page 3 which has been completed on Glen Road. Minor adjustments to the dimensions of Parcel C and/or relocation of the curb in the area of the intersection (at the applicant's expense) may be required. Strategic Plan Conformily/Existin&City Policy It is the goal of the City to facilitate development while protecting the interest of the public. The proposed land exchange will remove the encroachment of the existing building and maintain a sufficient public street width for Simpson Drive. 2. Ipput from Other Sources This matter has been reviewed by Building and Technical Services, Real Estate and Facility Management, Engineering, Civic Hydro and NBTel, who all concur with the recommendation. Civic Hydro and NBTel have advised that a public utility easement will need to be retained over a portion of Parcel C in order to accommodate an existing pole and wires. Civic Hydro has also advised that there is an existing pole on the opposite side of the traveled portion of the street which may need to be moved in the future if the traveled portion of the street is realigned. Engineering has advised that a municipal services easement will need to be retained by the City for the portions of the storm sewer that cross Parcel C. 3, Financial Implications N/A It is recommended that Common Council, 1. Authorize advertising of its intention to consider an amendment to the by-law to stop-up and close the portion of Simpson Drive identified as Parcel C on the attached tentative plan, with the Public Hearing to be held on October 4, 1999; 2. Refer the proposed Section 39 amendment to the Planning Advisory Committee for a report and recommendation and authorize advertising for a public hearing on the matter, to be held on October 4, 1999; Report to Common Council August 5, 1999 Page 4 3. In the event that the by -law to step -up and close that portion of Simpson Drive is enacted, authorize the exchange of Parcel C in return for Parcels A and B. 4. Authorize the Mayor and Common Clerk to sign all necessary documents with respect to the above matters. Respectfully submitted, Sid Lodhi, P.Eng. Manager Real to & Facility Management R. Baird, MCIP Commupity Planning Terrence Totten, C.A. City Manager 1?UG-03-99 09100 FROMzCLARK & COMPANY David W. 02d; B.A.,LLB. I=Iiz C. tddy, E.A_ Li B LY-ANL W�B-Mua, MA, LLB. StcPh3= 7 II=Ipscjn6 BBA, LLB. August 3, 1999 gU , VIA FACSWILE: 506-658-2937 City of Saint John Community Planing Department P.O. Box 1971 Saint John, New Brunswick EM 4LI Attention: Ran daff G. Pollock Dear Mr. Pollock: P.Q. Box z445, Sw,,,A" 81 Regan Sweet FREDMC-rON, N.R, E33 5E3 Tcl. (506) 457-2797 P= (506)451-21i3 emsit'. ctarkw @ nbneLnb.ca Re.- East Coast Convenience Stores Ltd Proposed Land Exchange and Adj ustin ent of Simpson Dr. Further to our recent telephone conversation, please accept this letter as our formal request for a land exchange and Meet closure. To summarize, our clients, East Coast Convenience Stores Ltd., is the owner of the real property having civic address 77 Glenn Road, Saint John. East Coast operates a convenience store on this site. Unfortunately, it has been discovered that a piece of the convenience store building located on the lot encroaches onto Simpson Drive- The lot and the encroachment are shown on the attached draft subdivision plan prepared by Kirstead, Quigley& Roberts Ltd, Land Surveyors. In order to resolve this issue we would Eke to acquire from the City the piece, of land on which the building encroaches. As this would have an effect on Simpson Dr., we propose that this piece be exchange for two other parcels ofland, which East Coast is in the process of acquiring, on the west side of Simpson Road, Simpson Drive could then be slightly rerouted, the "old" portion of the Drive being formally closed. Our suggestion can be better understood with reference to the attached tentative plan. AUG-03-99 OSiOO FROM :CLARK & COMPANY Randy Pollock Page 2 August 3, 1999 On the attached plan are three parcels &howrx as Parcels 'W', "B", which Fast Coast is in the process Of acquiring, and Parcel "C, on which the building encroaches. We suggest that Parcels "R' and ' " be transferred from Fast Coast in exchange for Parcel "C' from the City of Saint John. We also propose that Simpson Drive be rerouted and closed as shown on the plan_ If this tentative plan meets with the City's approval, we would ae to have a final plan prepared, showing the subdivided lots. Kindly advise as to whether or not we Should have a final plan prepared_ In closing, we note that there are amendments to the existing Section 39 Agreement that must be made prior to the above occurring. Please forwazd an outline the amendments that the City requires to our office together with any necessary application forms, and advise as to the City's position on our proposal. We look forward to working with you in resolving this matter. if there is anything further you require, feel free to contact the undersigned. Yours truly, CLA)qL & COMPANY Stephanie J. Thompson SJT/alh/373-2 a jf Eg AUG-Or3-85 05:01 FRQMlGLAkK 4b Fl�►, Mal REPORT TO COMMON COUNCIL M & C 99 -274 August 9, 1999 r dt lf� City of Saint John Purchase of Land Required for the .Realignment of Magazine Street & Metcalf Street _ # 1 The 1999 Capital Budget includes the realignment of Magazine Street and Metcalf Street. The project includes the removal of the rock and concrete retaining wall in front of the former St. Peters and Dufferin Schools. In order to carryout this project, land is required from two property owners. foursquare Gospel Church of Canada is the owner of the former St. Peters School property, NB 059673 Ltd (Saint John Medical Clinic) is the owner of the former Dufferin School property. Foursquare Gospel Church of Canada has accepted an offer of $330 for approximately 100 square meters of land required for the realignment. As part of the acceptance of this offer, the City will pay costs of legal services incurred by the Church, to a maximum of $300. NB 059673 Ltd has accepted an offer of $2,130 for approximately 213 square meters of land required for the realignment. The City will install a concrete curb at the top of the slope and install a new driveway to the property. The City will also pay for legal services incurred by NB 059673 Ltd, to a maximum of $300. men", I F:�1 1. Strategic Pan. Conformity /Existing City Policy Improvements to Magazine Street and Metcalf Street are included in the 1999 Capital Budget. Report to Common Council August 9, 1999 Page 2 2. Input From Other Sources The Engineering Department requested that Real Estate & Facility Management negotiate the purchase of necessary land for re- alignment. 3. Financial Implications Funds for the purchase of land for this project are included in the Capital Budget. Your City Manager recommends that Council: a) authorize the purchase of approximately 100 square meters of land located on Magazine Street from Foursquare Gospel Church of Canada for the agreed upon price of $330; plus legal costs not to exceed $300; b) authorize the purchase of approximately 213 square meters of land located on Metcalf Street from NB 059673 Ltd for the agreed upon price of $2,130; plus legal costs not to exceed $300; and C) authorize the preparation and filing of a subdivision plan vesting the land referred to in recommendations (a) and (b) as a public street. Respectfully submitted, Sid Lodhi, P. Eng. Manager Real Estate and Facility Management J. Claud acl�inn�on, P. '' g. . o�cnm' signer En- ment e e Services Terrence Totten, C.A. City Manager � \ � Z� Zy/ � / � \ \ � : \ � / / 7 / / ~ / \ \ © ) } \ d } ��� -- .. ��7 \� _ L D .0 4- 0 0 CL 0 0 L L 0 cr c V) 0 to Lu L 0 M 04- 0 LL 0 -_,m GEE= G 4 U-) co 0 r-- ✓ 10 L[ � C7 N If it Ln li NU 11 -j to Lu 4- _lz L 0 C) (1 ) . ' .C- -F- -"t ,c 0 >) 0 c 0 c 0 c z (D >i (D 4- C 0 0 -C c F- 0 L L 0 0 CL 0 -0 (D CL C 0 0 4- Aw. U-j 0 0 Ln L 0 04- CD LL 0 -_,m ✓ 10 4- _lz L 0 C) (1 ) . ' .C- -F- -"t ,c 0 >) 0 c 0 c 0 c z (D >i (D 4- C 0 0 -C c F- 0 L L 0 0 CL 0 -0 (D CL C 0 0 4- Aw. U-j 0 0 Ln J. To the COMMON COUNCIL of the City of Saint John The Committee of the Whole . 0 . ., Your Committee reports that it sat on Monday, July 26, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the fallowing recommendations, namely: 1. That the remuneration for the incumbent occupying the position of Commissioner of Finance and Commissioner of Corporate Services be set at Step 6, Grade 9 of the Management Classification table, effective November 3, 1998. 2. That as recommended by the City Manager, Common Council (a) authorize the purchase of approximately 807 square feet of land on Birchmount Road from Alvin and Lois Perkins for $37 per square foot, for the purpose of widening the Road; (b) authorize the preparation and filing of a subdivision plan to vest the land as a public street; (c) refer this item to the Planning Advisory Committee for a report and recommendation on item (b); (d) authorize the payment to Alvin and Lois Perkins, not to exceed $300, for cost which they may incur related to the City's purchase of this land; and (e) authorize the Mayor and Common Clerk to execute any documents necessary to give effect to this resolution. 3. That as recommended by the City Manager, Common Council (1) authorize the sale of 3 Angus Court (NBGIC Number 55117600) to Gloria Barker for the purchase price of $13,500 plus applicable taxes and closing costs; the deposit of $675 be held as a down payment of the property, and the sale close on or before September 30, 1999; and (2) authorize the sale of Lot 98 -6, Latimore Lake Road, to Wayne and Cheryl Webb for the purchase price of $15,000 plus applicable taxes and closing costs, and the sale close on or before September 30, 1999; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. office of the Common Clerk August 17, 1999 Mr. Alvin Perkins 31 Birchmount Road Saint John, NB E2M 61-3 Dear Sir: Mary L. Munford P.O. Box 1971 506 658-2862 Common Clerk Saint John New Brunswick Canada E2L 41-1 City of Saint John At a meeting of the Common Council, held on August 9, 1999, the following resolution was adopted, namely:- " RESOLVED that as recommended by the City Manager, Common Council (a) authorize the purchase of approximately 807 square feet of land on Birchmount Road from Alvin and Lois Perkins for $.77 per square foot, for the purpose of widening the Road; (b) authorize the preparation and filing of a subdivision plan to vest the land as a public street; (c) refer this item to the Planning Advisory Committee for a report and recommendation on item (b); (d) authorize the payment to Alvin and Lois Perkins, not to exceed $300, for cost which they may incur related to the City's purchase of this land; and (e) authorize the Mayor and Common Clerk to execute 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 / )� S ,s' - Office of the Mary L. Munford F.O. Sox 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 is August 17, 1999 City of Saint John Ms. Gloria Barker 19 Buena Vista ,Avenue Saint John, NB E2M 2S7 1PO7-IR7iLTAFrFTriT At a meeting of the Common Council, held on August 9, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the City Manager, Common Council (1) authorize the sale of 3 Angus Court (NBGIC Number 55117600) to Gloria Barker for the purchase price of $13,500 plus applicable taxes and closing costs; the deposit of $675 be held as a down payment of the property, and the sale close on or before September 30, 1999; and (2) authorize the sale of Lot 98 -6, Latimore Lake Road, to Wayne and Cheryl Webb for the purchase price of $15,000 plus applicable taxes and closing costs, and the sale close on or before September 30, 1999; and further that the Mayor and Common Clerk be authorized to execute the necessary documents." Please contact Lynda Farrell of the City's Legal Department at 658 -2860 to complete the details of this transaction. Yours truly, At"rIl- V Constance Mosher Assistant Common Clerk CM:sc office of the Mary L. Munford Common Clerk Common Clerk August 17, 1999 Wayne & Cheryl Webb 1067 Latimore Lake Read Saint John, NB E2L 3W2 Dear Sir /Madam: P.O. Box 1971 506 658 -2862 Saint John New Brunswick Canada E2L 4L1 R� l0`! . City of Saint Johan At a meeting of the Gammon Council, held on August 9, 1999, the following resolution was adopted, namely:- "RESOLVED that as recommended by the City Manager, Gammon Council (1) authorize the sale of 3 Angus Court (NBGIC Number 55117600) to Gloria Barker for the purchase price of $13,500 plus applicable taxes and closing costs; the deposit of $675 be held as a down payment of the property, and the sale close on or before September 30, 1999, and (2) authorize the sale of Lot 98 -6, Latimore Lake Road, to Wayne and Cheryl Webb for the purchase price of $15,000 plus applicable taxes and closing costs, and the sale close on or before September 30, 1999; and further that the Mayor and Common Clerk be authorized to execute the necessary documents." Please contact Lynda Farrell of the City's Legal Department at 6582860 to complete the details of this transaction. Yours truly, a Z gt Z/ Coce Mer Assistant Common Clerk CM:sc Planning Advisory Committee August 4, 1999 Your Worship and Councillors: P.O. Box 1971 606 658-2800 Saint John New Brunswick Canada E L 4L I SUBJECT: Exchange of Land for Public Purposes 101 Roars Head load . 1 city of saint loin The Planning Advisory Committee considered the attached report at its August 3, 1999 meeting. There were no presentations made at the meeting, and given the nature of the application no public notification was given. After considering the matter, the Committee resolved to adopt staff recommendation, which is setout below for your convenience. ., 1. 0 relo That Common Council assent to the attached photo - reduced subdivision plan that would vest a parcel of land having an area of 688 square metres (7,406 square feet) as Land for Public Purposes. Respectfully submitted, F G. A. (Sandy) Robertson s Vice- Chairman ffu"s Attachment Community P.O. Box 1971 506 658 -2835 Planning Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4LI DATE: AUGUST 3, 1999 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING FOR: MEETING OF AUGUST 3, 1999 Mark O'Hearn Planning Officer SUBJECT: Exchange of Land for Public Purposes 101 Boars Head Road City of Saint John On April 7, 1999 the Planning Advisory Committee considered the attached report. The Committee resolved to recommend the staff recommendation, which included the release of an existing Land for Public Purposes parcel situated at 259 Boars Head Road for an equal area of land in the vicinity of proposed Lot 99 -17, On April 12, 1999 Common Council resolved to approve the L.P.P. exchange. Recently, our office received the final subdivision plan that would vest the proposed parcel of land. This parcel is identified as Land for Public Purposes. While the intent was discussed in the report, on the advice of the Legal Department, a revised recommendation would be appropriate in order to accept this parcel as L.P.P.. Given the nature of this matter, no notification has been provided to area residents. There were no resident letters received when the original application was considered earlier this year. That Common Council assent to the attached photo - reduced subdivision plan that would vest a parcel of land having an area of 688 square metres (7,406 square feet) as Land for Public Purposes. o CIL ri 059 lff v o N; iff 0 0 j: 0 cn -0 --6 0 Ln CL C, C)) -omu o ri 059 lff v o N; iff Community P.O. Box 1971 506 658 -2835 Punning Saint John 506 658 -2837 (Fax) New Brunswick Canada E2L 4L1 DATE: APRIL 1, 1999 TO: PLANING ADVISORY COMMITTEE FROM: COMMUNITY PLANING FOR: MEETING OF APRIL 7, 1999 Mark O'Hearn Planning Officer -,.,NJ City of Saint John Name of Applicant: Spectrum Enterprises Limited Name of Owner: Spectrum. Enterprises Limited Location: 101 Boars Head Road NBGIC: 55089940 Municipal Plan: Low Density Residential Millidgeville Secondary Plan: Development Area D: Boars Head Road Zoning: Existing: "R -IB" One Family Residential Proposed: "R -2" One and Two Family Residential Proposal: To rezone an area of land along a public street in order to construct one and two - family dwellings. Type of Application: Rezoning and Subdivision Spectrum Enterprises Limited Page 2 101 Boars Head Road April 1, 1999 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on proposed amendments to the Zoning Bylaw of the City of Saint John. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, April 12, 1999. The Act also authorizes the Committee to advise Common Council in regards to Land for Public Purposes dedications. ANNUMM STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone an area of land located at 101 Boars Head Road, having an area of approximately 4500 square metres (48,439 square feet), also identified as being a portion of NBGIC #55089940, from "R -1B" One Family Residential to "R -2" One and Two Family Residential. 2. That Common Council exchange an existing Land for Public Purposes parcel situated at 259 Boars Head Road, also being identified as NBGIC 455056709, for an equal area of land in the vicinity of proposed Lot 99 -17, and that the Mayor and Common Clerk be authorized to execute the necessary documents. •i On February 9, 1999 the Planning Advisory Committee considered an application from Spectrum Enterprises Limited to subdivide the subject property into seventeen (17) serviced residential lots. The Committee recommended the assent of the subdivision, including the proposed future street and any necessary municipal services or public utility easements. The Committee, as requested by the proponent, recommended that a cash -in -lieu of Land for Public Purposes dedication be accepted instead of the previous proposal to vest land (Lot "A "). There were also several depth variances for proposed Lots 99 -14 to 99 -17 granted by the Committee. Spectrum Enterprises Limited Page 3 10 1 Boars Head Road April 1, 1999 Engineering has no objection to the proposed rezoning. Building and Technical Services has no objection to the rezoning of the subject property to permit one and two - family dwellings. Real Estate and Facility Management has not submitted any comments regarding this application. Saint John Energy has not submitted any additional comments. NBTel has existing facilities along this portion of Boars bead Road to service the proposed development. These existing facilities will have to be extended via underground conduit. Details, design and costs will be determined when final approval is granted. Fundy Cable has not submitted any comments regarding this matter. Parks and recreation has no objection to the requested Land for public Purposes (L.P.P.) exchange. Subject Property and Neighbourhood The subject property is situated on the southside of Boars Head Road in Millidgeville (see attachments). The property is approximately 1.3 hectares (3.2 acres) in area. The site is low -lying and has remained undisturbed. A municipal works depot and the Air Canada. Call Centre are across the street, and further west are two vacant industrial lots. A number of dwellings to the northwest on the same side of Boars Head Road. Specifically, there are three semi - detached dwellings and ten one- family homes. There are also three semi- detached buildings to the west of Caledonia Drive. Municipal Development Plan and Rezoning Reguest The Municipal Development Plan has designated the area as Low Density Residential. The Millidgeville Secondary Plan has setout specific policies relating Spectrum Enterprises Limited Page 4 101 Boars Head Road April 1, 1999 to the development of this area of the community. These policies encourage a residential mix consisting of one and two- family dwellings and townhouses. This is considered in keeping with the area's proximity to a major collector street, several institutions, and its relative closeness to uptown Saint John. The applicant is seeking permission to rezone a portion of the subject property from "R-113" One Family Residential to "R-2" One and Two Family Residential. This will allow for the construction of one and two - family (semi - detached) dwellings on proposed Lots 11 to 17. Presently, the property is split -zoned and only allows for the possibility of two - family construction on proposed Lots "A" to 99 -10 (see attached tentative subdivision plan). The rezoning application and subsequent residential development is compatible to the area and consistent with the policies of the Secondary Plan. Therefore, approval of the rezoning request can be recommended. Land for Public Purposes xchanU In February 1999, the Planning Advisory Committee considered an application from the Developer for the subdivision of the subject property into seventeen (17) serviced residential lots. The applicant originally proposed to vest a parcel of land adjacent to proposed Lot 99 -1 (Lot "A ") to satisfy the Land for Public Purposes requirement. Later, the proponent requested a cash -in-lieu dedication for the proposed subdivision. Common Council agreed to accept a cash -in -lieu dedication. After further consideration, the Developer is now seeking permission to exchange proposed Lot 99 -17 with the existing Land for Public Purposes parcel at 259 Boars Head Road (NBGIC 455056709). A different Developer vested this existing L.P.P. parcel to the City in 1986 during a previous phase of the Stanley Gardens Subdivision. If the exchange were approved, the Developer would complete the sidewalk and curbing and other services across the frontage of the existing L.P.P. parcel to the end of proposed Lot 99 -16. This would result in a finished street frontage for a substantial portion of Boars Head Road, opposed to having an area unfinished between the new development and the existing dwellings to the west. In addition, this lot was to be exchanged for an area within a larger subdivision to the rear, if that area develops. Spectrum Enterprises Limited 101 Boars Head Road Page 5 April 1, 1999 The existing L.P.P. parcel is 680 square metres (7,320 square feet). Proposed Lot 99-17 is only approximately 612 square metres (6,588 square feet), a difference of 68 metres (732 square feet). Parks and Recreation has no objection to the relocation of the existing L.P.P. parcel. Staff can support this exchange provided the new L.P.P. dedication is at least the same area as the existing parcel. This condition is contained in the recommendation. CONCLUSION: The applicant is seeking approval to rezone a portion of the subject property from "R -1B" One Family Residential to "R-2" One and Two Family Residential, The purpose of this request is to allow for the construction of both one and two-family dwellings. The Millidgeville Secondary Plan supports the proposed rezoning. Approval for the rezoning can be recommended. The application also involves the exchange of an existing L.P,P. parcel for one of the proposed new lots. Provided the new lot has the same area as the existing L.P.P. parcel, staff can support this land exchange. us R -/iB a as R- I R 6 % Z ­l, R- A Y- �ZIL mom, itAr uj cq INS, CY) It cn I Fh I'm 4M is ccb z Mayor Shirley McAlary and Members of Common Council City of Saint John R0. Box 1971 81' Floor, City Hall Saint John, N.B. Ell_ 4L1 ATTENTION: Mary Munford, Common Clerk Bu6cless R,eSoulu Celitic 40 Kmg smer ENTERPRISE 1�n, lAn, N,,, lmns, U Canada F2L PC 3 SAINT JOHN Telephone (5M) 658-28-- Tod Fret 1 800561-287 hicsirflilt (506) 658-28-2 E-niait cconainicAibiicmiLa� aujulm Dear Mayor McAlary and Members of Common Council: As per our Letters Patent, the Commission is required to meet jointly with the Councils of the participating Municipalities "during the month of September in each year to report, and to present and submit for approval the company's proposed budget for its next fiscal year." On behalf of the Board of Directors of the Greater Saint John Economic Development Commission, I would like to advise you and the Councils of Grand Bay-Westfield, Quispamsis and Rothesay that this meeting has been scheduled for Wednesday, September 29, 1999. The meeting will be held at the Mary Oland Theatre, New Brunswick Museum, Please RSVP to Sue Allen, Executive Assistant, at 648-4648. We look forward to the opportunity to review with Councils the Commission's activities and highlights from 1999 and present the proposed budget for the year 2000. A more formal agenda will be available prior to the meeting. Your very truly, Grand Bay-Westfield - Quisparnsis - Rothesay - Saint John WYOF The Marco Polo Project • P.O. Box 7109 - Saint John. New Brunswick - Canada, E21- 4S5 7 AA 'X. MAYOR and COUNCIL.' CITY of SAINT JOHN DEAR COUNCIL, I thought you would find the enclosed letter of interest. Sincerely A3 Barry Ogden Al c' Z- 4 z RECEIVED CMDR CLERKI OPM.E CAW OF -iP1-,!Wm1T 11 CNIArM, 4, ? IV Pk Office of the y Cabinet du 1 v Secretary , of State . ,k, secrtaire d'L tat (Parrs)° (Pares) Ottawa, Canada K1AOM5 Mr. Barry Ogden The Marco Polo Project Post Office Box 7109 Saint John, New Brunswick E2L 4S5 The Honourable Sheila Copps, Minister of Canadian Heritage, has forwarded to the Honourable Andy Mitchell, Secretary of State (Parrs), your letter of March 31, 1999, regarding Marco Polo National Historic Site. I am replying on behalf of Mr. Mitchell. Please excuse the delay of this response. The Minister and Secretary of State appreciate your suggestions with .respect to signage and a monument at the Site. In the enclosed document entitled The Marco Palo from Legend to Reality, recommendations for conservation are encouraged, including training and education as well as underwater plaques for divers. It is anticipated that many of these suggestions will be implemented at the Site to better ensure its protection. The Marco Polo will be featured on a series of interpretive panels on sea stories to be placed at Cavendish. These will encompass images of the ship, informative text and a strong message on the protection of this important site. Your interest in Canada's cultural heritage is appreciated, and I trust that this information is helpful. Please accept our best wishes. Enclosure o ,f.0 Your incerely, J om Cormier Executive Assistant ....... .... The Marco Polo from legend to reality \rcheolo,-,ical evaluation of the wreck oftlic IhII-L'O P010 (56NI) Damcl La Roclic Underwater Archaeological Services Federal Archeology Offi ce Ottawa r) The career of the Marco Polo has already been the subject of rather extensive historical research as part of a Historic Sites and Monument Board study to commemorate the vessel's career. This acknowledgement of the Marco Polo's career can be seen as a testament both to the success of a Canadian vessel at the international level and to the perfection of the shipbuilding art in Canadian shipyards in the mid- I 9th century. In this report, we will be focussing primarily on the latter aspect of the information on the Marco Polo, since we will be examining the state of the remains of the vessel itself. Although the information gathered is not extensive, the evidence found does reveal some of the vessel's basic characteristics, as well as indications of the changes that the vessel underwent during its international career. It is worth noting that originally this vessel was probably built only to transport raw materials, the purpose for which it was used during its first two years (wood and cotton). The vessel was then refitted for passenger service between Liverpool, England and Melbourne, Australia between 1852 and 1866. It was then reconverted into a cargo vessel and continued to undertake transoceanic voyages between 1866 and 1883. With such a background, the vessel should have some interesting characteristics and bear traces of the many modifications and adaptations it under-went during the years spent plying the oceans of the world. Today only archeology can allow us to detect these concrete traces of its appearance and attempt to uncover the mystery of the Marco Polo's long career and its internationally acclaimed feats. I refer the reader to the thirty-two page- age_n'd"_a_­­_____'__ paper written in 1990 by Norman -Anick'-f5i the essential details on the vessel's career and the history of transatlantic navigation in the second part of the 19th century. ' Norman Anick, "The Marco Polo", Historic Sites and Monument Board of Canada Agenda Paper, 1990-67, pp. 855-887. [Date wrong in French text - TR.] I 2 In order for the reader to fully appreciate the details of the archeological evaluation, it is first necessary to understand certain basic information about the vessel itself The Marco Polo was built and launched from James Smith's shipyard in Courtenay Bay, near Saint John, New Brunswick in 1851. At the time she was built, the ship's length aloft was 184"lo feet, its extreme breadth was 363'io feet, and the depth amidships between the keel and main bridge was 294'io feet. The keel was 178 feet long. Its net tonnage was 1,625 new tonnes, or 1,400 old tons The ship had three decks and three masts. The height between decks was 7 feet, 7 inches, It is interesting to note for further reference that wood double lodging knees, one pair of hanging knee, 5 pairs of staple standards, 24 pairs of iron hanging knees were used. Of these iron knees 20 pairs had riders attached extending down to take two bolts into the substantial part of the floors.' When it was inspected by Lloyds in Liverpool in 1851, the ship's hull had a mixed wood-bronze fastenings and was covered with copper sheets.' One of the best descriptions that we have of the vessel, if a bit overblown, comes from a journalist for the London Illustrated News in February 1853, after the vessel broke the record for a round trip from Liverpool to Melbourne: "The distinguishing feature of the Marco Polo is the peculiarity of her hull. Her lines fare and aft are beautiful, her bearings are brought well down to the bilge; thus, whilst she make amidships a displacement that will prevent unnecessary careenings ", she has an entrance as sharp as a steamboat and a run as clean as can be conceived Below the draught line her bows are hollow; but above she swells out handsomely, which gives ample space on the topgallant foc'sle - in fact, with a bottom like a yacht, she has above water all the appearance of frigate. The Marco Polo is a three-decker, and having been built expressly for passenger trade is nothing short in capacity or equipment. Her height between deck is 8feet and no pains have been spared in her construction to secure thorough ventilation. In strength she could not be melled Her timbering is enormous. Her deck beams strength -In �uggge baulks ofpitch pine, Her timber are well formed andpounderous[?], The stem and stern frame are of choicest material. The hanging and lodging knees are all natural crocks and are fitted to the greatest nicety. The exterior 2 Information taken from the report of the Lloyd's inspection conducted in Liverpool on October 14, 1851, after its maiden voyage, ' The information contained in the October 1851 Lloyd's report contrasts with the statement that the keel of the vessel was given an (initial?) sheathing of copper after the iron fastenings were replaced by bronze. It would be surprising if the sheathing had been replaced after only one trip. Also, note the difference in deck height, See Stammers M.K., The Passage Makers, Brighton, Teredo Books, 1978, p. 373. planking and ceiling is narrow and while there has been no Jack of timber there has been no Profusion of labour. "' I should add that the ship was classed 6A I in the inspection report prepared in October 185 1, This document is the only inspection report still to survive in the Lloyd's archives, 3. LOCATION The site of the wreck Of the Marco Polo has been known for many years. In fact, the story of the shipwreck has become such an integral part of local legend that it is difficult to separate fact from fiction when discussing the vessel. The remains of the Marco Polo are located off Cavendish, on the north coast of Prince Edward Island (Fig. 1-2).�This village -is_ farpo.u,s-because it contains a house connected with Lucy Maud Mon o Anne of Green Gables — and --o-'-- W,_Tqry, who is the author of the international best-seller by writing an article , coincidentally, began her career at the age of seventeen, in 1891, for 'the Montreal Witness entitled "The Wreck of the Marco Polo". The story, which appeared eight years after the shipwreck, relates- e �" facts -'-c-o'-n--n-e—c' ­_ shipwreck of the Marco Polo. ted with the Cavendish is also bounded by Prince Edward Island National Park, whose outstanding beaches attract many vacationers (Fig.3). It was off one of the beaches of e to of Cavendish at e Marco Polo foundered in 1883. The ship I � the town that th lies northeast of the sandy beach, almost on a line with the old road from the town to the beach, which is itself an extension of Highway 13 (FigA). The remains of the vessel fie more or less on a north-south axis and at almost right angles to the Cavendish beach. The ship lies an estimated 325 metres off shore. The coordinates of the north buoy, which is attached to a metal portion of the wreck, are accurate to within 5 metres; they are Lat. 46 30 11.57, Long. 63 23 11.61. The buoy lies close to the vessel's axis. The coordinates of the south buoy, which is also attached to a metal portion, are Lat. 46 30 10.85, Long. 63 23 10.78. The metal piece lies 3.25 m east of the vessel's is e measured distance between the two buoys is 27.60 in (Fig-5). ax . Th 4 Quoted in Michael K. Stammers, The Passage Makers, Teredo Books, 1978, pp. 372- 373. It must be remembered that the journalist probably did not tour the entire ship to examine the structure, or he would have noted the 46 pairs of iron hanging knees. These details appear in the 1851 Lloyd's inspection report. 3 8 trapezoidal In shape, these reinforcing metal pieces, which measured 64 x 56 x 34 cm and were 1.5 cm in width, were held together by bronze pins and indicate the piece's real width. When it dried out, the waterlogged wood shrunk considerably. The bronze pins at the base are roughly 0.34 m long, while a pin located further up the polygon is 0.43 rn long. Given the shape and dimensions of the fastenings and the associated attachments, we tend to believe that the fragment is not necessarily part of the rudder but probably came from one or the other end of the vessel. Such fastenings would have been particularly useful toward the rear of the vessel, where the stress of the rudder adds to the stress of the pieces used to build the stempost. The fragments of wood still contain the tacks used to attach the protective copper sheathing, 6. ANALYSIS OF THE UNIQUENESS AND IMPORTANCE OF THE REMAINS OF THE MAIRCO POLO The technical details, related to the uniqueness and importance of the remains of the Marco Polo, are to be found in the literature on the vessel itself, as well as in literature on vessels built in the same period in Canada, and New Brunswick in particular. Some details also relate to observations made on site and to the possibilities for future surveys. �_.... T11) We know the species of wood used in the construction of the vessel as a result of the Lloyd's documents and other sources. According to these sources, the species used in the construction were yellow pine and pitch pine, hackmatack, black birch, and oak", The stempost and stempost were oak, but the keelson was pine. The frames were made of hackmatack and black birch. The beams were made of pine, but they were reinforced on the upper deck with hackmatack knees. Microscopic analysis of an initial sample taken from the ceiling revealed that the wood was a variety of grey pine (Pinus banksiana Lamb). A second sample taken from a frame was identified as a kind of spruce (Picea), but it could be white spruce (Picea glauca (Moench) Voss), black spruce (Picea mariana (Mill) B.S.P.) or red spruce (Picea rubens Sarg). It is impossible to narrow it down from the wood cells. Another sample taken from an element of the keel-keelson assembly south of the central portion was pine of the same kind as previously mentioned. A "' The identification of the species of wood was part of the information contained in the Lloyd's inspection report of October 14, 185 1. sample identified as part of the keel-keelson assembly, this time taken from the other (northern) end, appeared to be hackmatack, or Larix laricina (Du Rai Koch)". Two samples were taken from a collection Of Pieces possibly from the area of the sternpost for identification. In both cases it proved to be white oak (Quercus spp). At this stage, it seems obvious that the species mentioned in the documentary sources are found in the construction and are almost all types and species native to New Brunswick, The only exception is the oak, which could have been imported from the forests of the US or southern Ontario and Quebec. However, the analyses revealed that at least one other unlisted species, spruce, was used. It would be interesting to undertake extensive sampling to establish the exact combination of species, determine what effect this could have had on the hull's perfon-nance and longevity, and find the discrepancies with the official inspection documents. 6,2 SOME DETAILS OF THE CONSTRUCTION AND THEIR IMPORTANCE 6.2.1 THE ASSEMBLY OF KEELSONS Although we have no clear idea of the keel-keelsons configuration, we feel it is essential to put the emphasis on the vessel's axial structure in upcoming documentation activities, The combination and assembly of these master pieces plays a primordial and essential role in the vessel's longevity. 6.2.2 THE IRON KNEES It was established during this initial evaluation of the vessel that iron knees were used to reinforce the bonds between the beams and the hull sides. As we noted, they were apparently installed during the initial construction. As early as the late 1830s, Lloyd's indicated that vessels built in the colonies had to have beams held together by iron knees in order to get an A classification. It seems that the builder, Smith, was prepared to conform to this recommendation in order to get a better price for his vessel. The Marco Polo thus exceeded the obligatory classification standards that Lloyd's applied starting in 1858," Similar iron knees were found on Branch I t Wood analysis were completed by Louis Lafl&che from the Historic Sites Conservation " Eileen Marcil, The Charle�m �, p. 236. I the Jhelurn, a vessel built in Liverpool in 1849, and on the Eg,,i,, built in Saint John, 10 New Brunswick, in 1859. Both now lie in Stanley Harbour in the Falkland Islands. 13 6-23 THE IRON FR.,A11v1E RIDERS Similarly, the use of iron frame riders was undoubtedly a response to the same imperative to conform to Lloyd's highest classification criteria. Until recently, researchers believed that the majority of the vessels built during the same period as the Marco Polo, and until 1858, were not provided with iron fastenings until they had made their first voyage, either to Greenock or to Liverpool. 11 It seems that the Marco Polo was an exception to this rule, if we can rely on the 1851 inspection report, which reports that these elements were already in place in the vessel. 6.2.4 THE IRON MASTS The presence of a section of iron mast raises many questions. The 1851 inspection report on the Marco Polo provides no information on the vessel's masts. The report does however indicate that both the standing and running rigging at that time were hemp. Although we do not have the construction plans available to confirm this, It would be astonishing if a vessel designed and built in New Brunswick in 1851 already had iron masts. It is, nevertheless, true that the first patents for designs of iron masts date from 1809 and 1820. They graduafl became more ppular until by 1860 they were widely used," It is more likely that the vessel's y original wooden o masts were nevertheless mention that sources indicate that the vessel's rigging was reduced to a barque ri changed as a result of the kind of damage that was a normal part of a vessel's career. We should and its lower yards were shortened by 12 feet in 1874." g f-2.5 THE BOX-SHAPED STRUCTUR7a It is difficult to identify such partial remains without knowing the artifact's exact Position in the vessel. We can however glean a clue to the object's identity from the plans of the Jhelum, which show a metal reservoir located on the bottom a little behind the main mast on the port side." This 13 Michael Stammers, John Kearon, 11V_Ael=, Wolfeboro Falls, NH, Allan Sutton Publishing Inc., 1993, pp. 76-77. 14 E. Marcil, op. cit., p. 236. 15 David R. MacGregor, Lymington, NH, Nautical Publishing Co. Ltd., 1973, pp. 162, 164. 16 M.K. Starnmers, op. cit., P. 379. ' 7Michael Stammers, John Kearon, Jht_&gJ=, Wolfeboro Falls, NH, Allan Sutton Publishing Inc., 1993, Plans. AII Placement corresponds roughly to the location of the visible structure on the Marco Polo. A fuller knowledge of the hull would help us in identifying the structure and lead to further discoveries. The copper sheathing is not clearly visible on the hull, although indications of its presence can be seen on the outside of the port section (Fig.25), It would be interesting to determine the condition of the metal sheathing that is currently hidden under the seabed sediment, but can be seen in a few places on the outside of the hull. An analysis of samples could tell us what alloy was used, copper, brass or zinc. It would also be interesting to see whether we could detect the presence of felt or tar paper under the sheathing. 7, RECOMMENDATIONS WITH RESPECT TO FUTURE RESEARCH With this first phase of the investigation of the site and vessel completed, we can say that the remains of the Marco Polo are sufficiently extensive and well preserved to recornmend that the documentation of its characteristics in terms of naval construction continue. This vessel, whose career was of recognized national importance, possesses a very great documentary potential, particularly since the exact reasons for its nautical performance remain unknown. The most A-, archaeology can do is rebuild the frame at various points of the hull to check it against the half S model in the Mariners Museum, Newport News, Va., which has been identified as that of the Marco Polo. Moreover, the exceptiong!2!1���ull -which_ra&ed_up sands of sea miles in the gl�est waters on the globe, must be the result of a quite unusual construction _t­h`at_ e must document and Publi-c'-g—e In practical terms, we must complete the basic information on the extent of the non-visible remains, which would allow us to locate the remains of the donkey boiler or steam pump. In ref order to determine the extent, it will be necessary to do manual or geophysical soundings. it will 5 also be necessary to find the elements of the bow and the windlass, which are apparently separated from the main concentration of remains, closer to shore. S In pragmatic terms, we will have to concentrate our efforts on recording the curvature of the f timbers and frames at various points of the remains in order to establish the basis for an evaluation of the vessel's shape. We could also collect samples of ballast stones in order to identify their origin and by the way check if the the stones would not be an iceborn deposit. It will also be necessary to examine the possibility of excavating for some elements of the keelson in order to more clearly establish the relationship among its various elements. 4, 14 CPI MrM r.� ' a ' � ;' � it % :1 av • ,�, . .__ a • � __� '� i I I A r a L Fig.2 Hydrographic map showing the wreck's location Awn. tit r 00,77 NOW? "Q.3 Q.4 l4n(gamic %ie\% of the sea oker the %\t-cck near the bezich� 56NI 5%' ( 'cler Waddell, Parks Canada) rr y 1 V i Pump Scale 5 fl I Chain mound,^ br Fig. 5 Sketch of the remains scx, (Charles Moore), end? , .. ., _ Federation of Canadian 1N tunic ipalities Federation cana ienne ales municipalit6s Ll July 29, 1999 Deprity Mivur Sam Synard e Ms. Mary L. M u nford Ma,ysrow], wfoundhmd akC La r,d,, PreSidriit City Clerk President City of Saint John 15 Market Square Councillor Joanne Monaghan P.O. Box 1971 Kitimat, Briitsli L,olur bia Saint John, New Brunswick FiratVicc- President lliclll. is Fice.- Presldenw E21 4L1 Caatmcillor Jack Layton [dear Ms. Munford: Tarclnto, Oniario Second nice- Presldcnt Deuxtrnwvice- president Reference. FIN98.408 -Tax Deductibility for Campaign Donations `Werrnanjohnschmat The City of Saint John submitted Resolution FIN98.,4.08 - Tax Calm -_Albs -ta Deductibility for Campaign Donations in October 1998. It was Tiiil i Vice - President Troisi6nc virt President adopted at the December meeting of the National Board of [Directors of FCM. Mairc SUg�PEeai €t Claude Cautin Quchcc (Qtithec) Ministerial correspondence was sent to the Honourable Paul Presidentsclrtant Martin, Minister of Finance. His response dated July 19 of this year is fast h- csidoit attached for your information. James W. Knight Eheciltive Director Dne..cteur general REG gy rt,CE 24, rue Clarence Street, Oua�wa, Ontario KIM 5P3 Telephone T6.16phone: (613) 241 °5221 ° Fax,T'16copicur: (613) 24.1 -"444 Internatian it Offiee Bureau international: wvoF Tcicphonc ielephonc (613) 241 -8484- Fax,Tflecopieun (613) 241-x'11' �cW tctn.ca r P1 I Minister of Finance Ministre des Finances Ottawa, Canada K1 A OG5 Mr. Claude Cantin President Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Dear Mr. Cantin: Thank you for your letter of January 18, 1999 regarding tax assistance for registered political contributions. I welcome having this chance to respond and I regret the lengthy delay in doing so. I have carefully reviewed your remarks. First, I would like to re-emphasize the basic points that I set out in previous correspondence. The federal political contributions tax credit reflects the desire to encourage greater grass-roots involvement by all Canadians in the federal political process. Tax assistance is provided entirely from federal tax revenues — provincial revenues are not reduced when a taxpayer benefits from the federal political contributions tax credit. Provincial governments have similar programs to provide encouragement to residents of their respective provinces to participate in the provincial political process. Similarly, these are funded only from provincial income tax revenues. Municipalities lie in the area of provincial responsibility and therefore decisions to. introduce any tax-based incentives to participate in the municipal political process should appropriately rest with the provincial governments. As noted, the federal political contributions tax credit affects only the federal revenue base while its provincial equivalent affects provincial revenues. Parallel treatment by municipalities would provide relief from municipal revenues. This is an area of provincial interest. Let me now turn to the issue of special federal financial arrangements with municipalities. It Is true that the federal government has made a number of special arrangements with municipalities in the past. However, it is important to note that these arrangements were made not to provide municipalities with any specific advantage, but to treat them fairly. One of the examples you used in your letter was the payments by the federal government in-lieu of municipal property taxes. The federal government provides municipalities with grants in-lieu of tax to offset any disadvantage from the fact that Uanada i - -2- municipalities cannot tax the Crown and, therefore, federal property in their tax base is exempt. The same rationale also applies with the treatment of municipalities under the Goods and Services Tax (GST), your second example. The rebate for municipalities under the GST system was established to ensure that the federal sales tax burden on these entities did not increase as a result of the GST reform, In summary, both of these arrangements were made to prevent financial loss to municipal governments. Direct federal support for municipal political contributions would not fit this criterion and consequently would not be consistent with established federal policy. Consequently, I cannot agree to your suggestion of permitting a tax Credit for municipal campaign contributions. I trust the foregoing will be of assistance, Please accept my best wishes. Sincerelv, The Honourable Paul Martin, P.C,, M.P. The Monourable Paul Martin, P.C., M.P. Minister of Finance ]-iouse of Commons NUry sappliaot Claude Cantin KlA OA6 Qkj�hcc (Qui'bec) President Pr"ident Dear Mr. Martin: Deputy Mayor Sam Synard In its meeting in Laval, Quebec on December 5, 1998, the National ,MarysEuwn, Nvwfi)undland and Labrador Firtt Board of Directors of the Federation of Canadian Municipalities adopted V4<x-llrcsidunr Premier vice- prt' �ide or the appended resolution concerning tax deductibility for municipal campaign donations. Conm d1or Joanne Monaghan Kminx Brimh Columbia We have submitted resolutions of similar intent in the past and Sccwid Vice-President Dcuxi6m vice-prv%iduntc your responses being since municipal institutions are provincial 'made responsibility, therefore such a provision must be in provincial law, Cotnicdlor Jack Layton We do not share your viewpoint on this matter. Twonto, Ontario Third Vice President There are countless arrangements whereby the Federal Tres] Blue vice-pr&&nc Government has acted strongly in respect to municipal tax issues. For Dcpar% Mayorjae Eadie example, the Federal Government has provided that it will make Winnipcg. Manitoba payments in-lieu of municipal property taxes. The Federal Government lla,t-Prc,idcnt has also committed to legislation special arrangements for municipal Pr6kdent s,,ronE governments under the bST. The fact of provincial constitutional James W Knight responsibility for municipal institutions clearly does not prevent the Ex�cunve Dirvctor Federal Government from involvement in municipal matters. d�ircrtcur general G liv-n the emerging importance of munici.p-1 the country, we think it would be most appropriati) f., t).e Federal 'Government to provide some Federal Income Tax support for municipal campaign contributions. CC/jwk/jr Yours sincerely, Claude Cantin 24, rue Clarence Street, Ottawa. Ontwio K IN 5P3 TeiephoneMfl6phone: (613) 241 -5221 • FaxiUlocopjeur; (6 13) 241 -7440 fnternational Officc/Burcau international: FIN9,8.4.08 Ifidis I �"T �qff WHEREAS campaign costs personally incurred by candidates offering for public office at the municipal level can be substantial; WHEREAS candidates must of necessity rely on campaign contributions from ordinary citizens in order to defray the costs of offering for public office; WHEREAS contributions to federal and provincial campaigns are eligible for a tax credit and contributions in support of municipal candidates are not eligible for a tax credit under the provisions of the Income Tax Act, and WHEREAS contrary to the public good', this limitation acts as a real financial deterrent for those citizens considering a candidacy for public office as well as those citizens desirous of making a campaign contribution; BE IT RESOLVED that the Federation of Canadian Municipalities petition the Government of Canada to amend the Income Tax Act to permit a credit for campaign contributions given to candidates for municipal office. - City of Saint John, New Brunswick )Q04W- IF." I l�� ii ill! 11I I 33 Smythe Street, #903 Saint John, NI3 E2L 5A2 Mayor Shirley McAlary and Members of Common Council P.O. Box 1971 Dear Mayor McAlafy and Members of CommoiTxmm-J. Perhaps something like a senior patrol could be organized whereby seniors in shifts could patrol the area and also keep skateboarders and cyclists off the boardwalk. They could. be given uniforms — blue pants and a blue shirt for the summer, for example. I'm sure there are seniors who would love to do this or maybe volunteers could be asked to do lt This idea, carried to fruition, would vastly improve the boardwalk for both residents and tourists. Thank you for taking the time to consider this idea, Sincerely, R lvmmow CLERr's OQFMRr , M'111 211 Oml � I V A 4 W F r MAYOR &COUNCIL ' City of Saint John. I am rather new to your city and I have noticed when you develop areas you do not request trees or landscaping by developers. I lure in Forest Hills and I have noticed there was not one new tree planted with all the new development on Mcallister give, some of the city works areas leave much to be desired, When I lived in Halifax and ,Fredericton the treed streets stood out and when I visited Moncton I saw beautiful business parrs, I believe the benefits far out way the costs in these ratters. I remain,` _ c. Jack Campbell, �fMountain Itoael M H � mj COMMON , C I ' "" �Vv F "A WP- jF) Eric L. Teed, ,; D i 127 Prince William Street, Saint Sohn, New Brunswick, E2L 2B4 Tel: (506) 634 -7324 Fax: (506) 634 -7423 August 5, 1999 Common Council City of Saint John P.Q. Box 1971 Saint John, New Brunswick E2L 4L I Your Worship and Councillors: I have learned that in 1901 when there was a Royal Visit to Saint Sohn, there were elaborate decorations in the City of Saint Sohn. I enclose photocopies of the same. I suggest that for the year 2000 a major arch at the intersection of King and Germain would be a real attraction for the City. Similarly an arch like that shown on the former Mill Street showing a ship could be one for the foot of King Street. I bring these to your attention because these would be not only unusual, but would be significant for the year and would be a drawing card for others in the Province of New Brunswick to come and see. Et,T /emw Enclosures ,207 . CLERK'S OFFICE ql 1999 -A fT -Jr r 01 CO U U ca V 01) ro cz cz 7Z7 cz u cl u u — 'C —i- co v —tz 7D 0 0 q U cl W Cl a 4d Ld (n .0 -i -j tz L/� Cl av m Q) ct 7- —1-. 7:3 4-1 Q.) 4-1 4--j 03 1-4 4--J U Qj 7:3 (quo—, M -r -mr, 0 n C) v 73 0 v bb V ea ­0 -T.S 0 LL to it 0 7-- Qj 0 u M rl U t W " — b-0 ON Qj 0 o Ln V v 77,n 0 L ix 0 —X as al v Ln > L/I 0 C's 0 0"3 LL ct cz I --w 0 nt O 0,0 C) U 0 0 I --w 0 nt O 7 NEW BRUNSWICK POWER CNERGIE NOUVEAU-BRUNSWICK City of Saint John Common Clerk Office P.O. Box 1971 Saint John, NB E2L 4LI Attention: Ms. Mary Munford City Clerk Dear Ms. Munford: P.O. Box 2000 Fredericton, NB E3B 4X1 Telephone No. (506) 458-4029 Fax No, (506) 458-4000 August 3, 1999 RE: Request for Purchase of Land Bayside Drive, City of Saint John NB Power is in the process of subdividing it's property at Courtenay Bay Plant located along Bayside Drive into 2 lots, being Lot 99-1 and Lot 99-2 as shown on the attached plan. Lot 99-2 is being leased. Lot 99-1 is retained by NB Power. At the present time, access to both lots is on Lot 99-2. We require a separate access to Lot 99-1. Please consider this a formal request from NB Power to the City for the purchase of Lot 79-2 which is a portion of PID #449363. We propose to use this land for access to Lot 99-1. As a separate access to Lot 99-1 is required in the very near future would you please review our request and let me know as soon as possible if this can be done. Your cooperation in this matter is greatly appreciated. If you have any questions and require additional information please do not hesitate to contact me. /es, xc- Mr. John Williamson Yours truly, NB POWER Elaine Scott/ Coordinator, Real Estate 6( ---------- psi 9.144M 4.> . 96. 59 40. 59 06 0 69+cv SWITCHYARD 138kV SWITCHYAR AT 1390 52'40"—,,,, 3.14m 't _X_ - - - - 0 0 POINT No. Ati'Llff POINT No. Ati'Llff NORTHING-