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2007-11-05_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire City of Saint John Common Council Meeting Monday, November 5, 2007 Supplemental Agenda Re : 9.3 Letter in support of proposed re-zoning 282 Douglas Avenue Re : 9.3 Letter regarding proposed re-zoning 282 Douglas Avenue Re : 10.3 Letter objecting to Uptown Saint John - BIA Expansion Re : 5.12 Replacement letter - Proposals for a Mobile Resource Management Solution 13.2 Committee of the Whole Report - Motocross Track - Ocean Westway City of Saint John Seance du conseil communal Le lundi 5 November 2007 L'ordre du jour supplementaire AlinE~a 9.3 Lettre d'opposition au rezonage de 282 Douglas Avenue Alinea 9.3 Lettre relativement au rezonage de 282 Douglas AvenueAlinea 10.3 Lettre d'opposition au Arrete relatif a la zone d'amelioration des affaires de Uptown Saint John Alinea 5.2 Remplacement du rapport, Propositions relatives a une solution mobile de gestion des ressources 13.2 Rapport du comite plenier relativement au Motocross Track - Ocean Westway ~C\) ~~~ ~~ Blakeney Henneberry Murphy /51'"'[:R5 8~ William J. Blakeney, B.A. (Hons.), LL.B Direct Line: (416) 408-4225 e-mail: blakeneY(w.litigation.ws Ms. Sarah Herring Planning Advisory Committee City of Saint John 15 Market Square, 10th Floor Saint John, New Brunswick E2L 1 E8 October 31, 2007 VIA COURIER Dear Ms. Herring: RE: 282 Douglas Avenue Rezoning Application Project No. 07-398 We are in receipt of your letter dated October 15, 2007 and thank-you for same. We greatly appreciate your advising us with regards to the pending proposal to rezone the historic property at 282 Douglas Avenue from SZ20 "Special Zone 20" to RN-IF "Multiple Residential" Infill. As you may be aware, my wife Ruth Henneberry and I are the owners of the adjacent property located at 280 Douglas Avenue. We were unfortunately unable to attend at the meeting of the Planning Advisory Committee on Tuesday, October 30, 2007. We understand that a public hearing will be held by Common Council on Monday, November 5, 2007. 8 King Street East, Suite J 501 . Toronto. Ontario M5C 185 · Phone: 4 J 6-408-4400 · Fax: 416-408-4900 . WWW.litigation.wS Practising In Association 2 Due to our involvement in the ongoing Residential Schools litigation III Ontario, it is unlikely that we will be able to attend that meeting either. It is my understanding from speaking with some of the people present, that representations were made with regard to our position on the application. Under the circumstances, I thought it would be prudent to drop you a line and let you know our perspective. I grew up in the North End of Saint John, New Brunswick. Both my wife and I are lawyers, and members in good standing of the Law Society of New Brunswick. We purchased the property at 280 Douglas Avenue in the spring of 2006, at about the same time that the Hospice purchased 282 Douglas Avenue. The directors and staff at the Hospice have become very good friends and we are very supportive of their endeavors. It was quickly apparent when the Hospice took over at 282 Douglas Avenue that it was going to be much too small for the intended purpose of serving as a day centre for terminal patients. It was difficult to see how more than 3 or 4 individuals could ever be accommodated in the house. We were pleased to see them locate a new building that is more amenable to their purposes. We also appreciate that there is some urgency for Hospice in selling the property as winter approaches. We have been very fortunate to have exemplary neighbours on the other side as well. Peggy Wright is a landscape designer and has turned her home at 276 Douglas Avenue from a rather derelict looking building, to a beautiful single family home. Since purchasing 280 Douglas Avenue, we have converted it from a three unit bed and breakfast, back to a single family dwelling. We allow community access to the Victorian gardens at the back of the property, which have been popular with local residents as a place to have wedding pictures taken or enjoy the view of the harbour. When we purchased the property, we were made aware of the strict restrictions on zoning in the area pursuant to the Douglas Avenue Preservation Area. Most of the homeowners on that stretch of Douglas 3 Avenue (across from the museum) have gone to great efforts to restore their properties to the original late Victorian standards. We have done the same with 280 Douglas Avenue, ensuring that the interior is consistent with the original "arts and crafts" era and furnishing it with period pieces. The property at 282 Douglas Avenue is one of Saint John's most famous landmark properties. From an architectural and historical perspective, it is much a much more significant building than either 280 or 276. It is the house that is featured in all of the famous Isaac Erb photographs of Douglas Avenue, when Lancaster still had streetcars, horses, and buggies. Its likeness is prominently on display at the archives and museum. Accordingly, everyone in the neighbourhood has passionate feelings about its future. The interior of the house is stunning. The previous owners went to great efforts to restore the ground floor and most of the second floor. The building also has a quaint brick garage in the back, which we understand encroaches slightly on the adjacent property on the south side. The old photographs suggest that the landscaping at the back of the property was once a pretty Victorian garden. It is located at the bottom of a slight hollow. The garden was a major attraction for our friends at Hospice. It was anticipated that patients would be able to use the area at back of the house together with our garden at 280 Douglas A venue. Over the past week, we have received correspondence from Susan Fullerton who is intending to develop the property as a multi-unit apartment building. We have seen many of the buildings that Susan has renovated in the uptown area of Saint John and been very impressed. She has taken derelict buildings, which were an eye-sore or inferior tenement dwellings and turned them into little inns that provide decent accommodations for transient workers. I have great respect for everything that she has accomplished to date, both with Susan's Victorian Properties and Chipman Hill Suites. I believe that 4 she is doing her best to address the concerns of her neighbours In this application. She has offered to meet with us to discuss her plans and we were unfortunately unable to hook up when we were home last week. The greatest concern expressed by local residents is the fact that to accommodate eleven bachelor apartments, the building will require substantial interior renovation. The conversion proposed will transform it irrevocably from a Victorian mansion into a modem apartment building. As a precedent for scope of renovation and development, it will effectively signify the end of the Douglas A venue Preservation Area, for better or worse. The major concern expressed regards the parking extension at the back. Ordinarily, when a parking lot of such a size is proposed, we would be provided with a geotechnical report that would address the potential impact on the surrounding environment. In twenty years of practice, I have never seen a municipal zoning proposal that involves earthworks of this scope where the only documentation submitted was a hand drawn sketch. There should be a construction design report prepared by a qualified engineer, who could show how drainage patterns would be accounted for. Because the gardens at the rear of the building were located in a hollow, the parking lot will have inevitable impact on the adjoining properties. Without a soils report or a construction design plan, it is difficult for anyone to support or oppose the proposal as it now stands. I anticipate that the neighbouring property owners will have to negotiate with both the City and the developer, if and when drainage issues arise. Over the course of the last year, we have had very pleasant and informative contact with the City of Saint John with regards to the restrictions on heritage properties in the Douglas Avenue Preservation Area. These have centered on the municipal decision to ensure that the original houses, landscapes and gardens are maintained as much as possible in their original Victorian state. 5 Regardless of Council's decision on 282 Douglas Avenue, it is our intention to continue to maintain our property to the original heritage specifications and to do our best to maintain what is left of the original gardens. Thank-you for your consideration in this matter. Yours very truly, William J. Blakeney WJB/lm I\ ,()) ~ Susan Fullerton Page 1 of2 From: To: Sent: Subject: "Chipman Hill Suites" <suites@chipmanhill.com> "Tiny&Sue" <flar@nb.sympatico.ca> November 5, 2007 8:07 AM Re: Hospice Property 282 Douglas Ave Dear Mr and Mrs. Cunningham; Thank you for your VER Y encouraging email. I really appreciate it. I have had a lot of opposition from a couple of the neighbours whose objection seems to center on nostalgia, which is a very difficult concept to defeat. Chipman Hill Suites would be a very good neighbour. I understand that there is a lot of drug selling activity in the park. We hope to be able to assist the police in dealing with this, if we are able to purchase the building. The Council meeting this evening will render the final decision concerning whether or not we will be able to have the building re-zoned. If the decision by Council is "no", then we will not appeal, and we will quietly disappear from the Douglas A venue scene. If this is the case, I thank you once again for your encouragement and wish you well. Should Council agree to rezone the building so that we may purchase it. I hope that you will attend a neighbourhood "open house" that we will be having shortly after we take posession. It would be very nice to meet you both. Thank you again for your kind letter. This is a day when I can use all the encouragement I can get. I am really concerned about the Council meeting this evening. Sincerely Susan Fullerton Chipman Hill Suites ----- Original Message ----- From: Tiny&Sue To: suites@chipmanhill.com Sent: Monday, November 05,20077:51 AM Subject: Hospice Property 282 Douglas Ave Thank you for letter of October 26, 2007 notifying us of your intent to purchase the property at 282 Douglas Avenue. Please be advised that we have no objection to your purchase and conversion of the property, provided the exterior of the building remains true to the other properties in the immediate area. You indicate that some neighbours list parking as a concern, and it is, especially in the winter when snow removal is an issue. Some occupants of neighbouring properties ipark on the Avenue, refusing to utilize the off street parking provided for them and this hinders the plows making a clean sweep of the street. However, we are satisfied you have made adequate provision for your guests. We see the purchase of the Hospice building by Chipman Hill Suites as a positive one for our neighbourhood and support the rezoning proposal for the property. 05/11/2007 yours truly, Mr. & Mrs. Ivan Cunningham 302 Douglas Avenue No virus found in this incoming message. Checked by A VG Free Edition. Version: 7.5.503/ Virus Database: 269.15.21/1109 - Release Date: 04/11/200711:05 AM Page 2 of2 05/11/2007 \()I ? ;lY- I FOURTH FLOOR HOLDINGS LTD. P.O. BOX 6850, STATION A SAINT JOHN, N.S. E2L 4S3 TELEPHONE: (506) 633-3809 DELNERED BY HAND Patrick Woods, Common Clerk City of Saint John 8th Floor, City Hall P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Sir: RE: 40 Wellington Row 24 Wellington Row 30 Wellington Row 32 Wellington Row 29 Sewell Street 33 Sewell Street 35 Sewell Street 37 Sewell Street 39 Sewell Street November 5,2007 PID 00037838 PID 00037879 PID 00037861 PID 00037853 PID 00038604 PID 00039784 PID 00039776 PID 00039768 PID 00039677 The undersigned, on behalf of Fourth Floor Holdings Ltd., wishes to express its objection to the expansion of Uptown Saint John to include the above-noted properties. WMJ/pjf Yours truly, FOURTH FLOOR HOLDINGS LTD. ~ Willard M. Jenkins President ~~',\~REPORT TO COMMON COUNCIL M & C - 2007-353 City of Saint John 5 November 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposals for a Mobile Resource Management Solution BACKGROUND: The City of Saint John has long recognized the need to better manage its mobile resources, both human and mechanical. To this end it has searched for some form of vehicle and equipment identification, location and management system. In some areas this translates into a simplistic GPS system, in other areas a combination vehicle location and vehicle management through timely activity reporting was required and finally, a form of mechanical performance and maintenance information gathering was identified. In 2007 all of these needs were brought together by the City's Information Systems and Support Department under one umbrella initiative and were expanded to include the needs identified by Saint John Transit and the Saint John Police Force. As stated the various stakeholders have very different expectations and needs for a Mobile Resource Management Solution and very early on it was considered doubtful that all of these needs could or would be addressed, with a single source solution, to everyone's satisfaction. In the simplest of terms; Transit was looking for a system that not only identified the location of each of its buses but would provide interactive access for the public in order to check schedules and ETA's for the next bus to a specific stop. Saint John Police Force in addition to locating vehicles, desired an interactive system that would provide feed back to the PSCC regarding officer safety. PAGE THREE ANALYSIS.. .Cont'd; The committee members, both on an individual bases and as a group, selected the Grey Island response for a number of reasons; *The written response was the most complete, comprehensive and well written submission received. It delivered the information in an orderly and easy to comprehend fashion. *The Grey Island bid reflected their substantial experience in responding to the needs of not only private sector fleet operators but to the special needs of a public sector and emergency services group as well. *The Grey Island solution is more than an A VL or GPS system, because of their extensive experience with public sector groups the Grey Island solution will interface with a wide variety of product delivery systems for sand, salt, water etc. *Grey Island is completely conversant with the needs of a vehicle maintenance application and has demonstrated an ability to not only deliver critical information on a wide variety of applications now, but to grow with the City to meet future needs. *Grey Island recently purchased a California based system that is widely used in the U.S. known as "Next Bus". This software application in conjunction with their other products and when installed on Saint John Transit's bus fleet will provide complete and comprehensive information about vehicle location, operating conditions and schedule compliance. *While cost is not a determining factor when awarding a proposal submission, Grey Island's approach to this project is that of a partnership relationship that will allow for the gradual acquisition of the technology while providing the potential for future growth and development as dictated by need. * As a part of its due diligence, the staff committee contacted a number of municipalities where various aspects of the systems quoted are installed. In each and every case Grey Island received high praise for the quality of its systems, its support staff and post implementation support. It is for these, and many other reasons, when considered as a single source solution, that the evaluation committee overwhelmingly recommended Grey Island for award of this project. PAGE FIVE FINANCIAL IMPLICATIONS...Cont'd; Funds to cover the initial cost of a Mobile Resource Management Solution are available as follows; 1) Saint John Transit - to be funded through Federal Capital Transit Trust Fund initiatives available to public transportation authorities, 2) Pilot project for 20 Municipal Operations vehicles - funds available from the LS.S. Capital Budget, 3) Necessary up grade to some of the older fleet vehicles - Municipal Operations operating budget, 4) Monthly vehicle charges for vendor hosted solution - from the annual operating budgets for each participating user department. INPUT FROM OTHERS: The project evaluation committee has recognized, give the logistics of this project, ie; given the time, facilities and resources required for its complete implementation, that it cannot reasonably be accomplished in one year, and therefore the award of this proposal call should be on the bases of appointing the successful bidder as the "Official Supplier" of Mobile Resource Management Solutions. And further, that all future purchases of hardware, software and support should be pre-approved and authorized for acquisition from the official supplier, up to the limits identified within the annual Capital Budget and specifically identified for this project, without the requirement of further competitive bidding. The committee recommends that the term of this role of Official Supplier should commence upon award of this proposal by Council and remain in effect for a period not to last beyond the 31 5t day of December 2010. RECOMMENDA TION: It is recommended that; . The proposal for the supply of a new Mobile Resource Management Solution be awarded to Grey Island Systems Inc., and . Based on this award that Grey Island Systems Inc. be named by the City of Saint John as the Official Supplier of Mobile Resource Management Solutions for a period ending December 31 5t 20 10, and . Future purchases of hardware, software and support are pre-approved for direct acquisition from the Official Supplier of Mobile Resource Management Solutions up to the Council approved limits, in the Annual Capital Budget and specifically identified for this project, and . If necessary, the Mayor and Common Clerk be authorized to sign any required contact documents. Proposal2007-58360lP Mobile Resource Management Solution List of Respondents Grey Island Systems Toronto, Ont International Road Dynamics Inc Saskatoon, Sask Sungard H.T.E. Lake Mary, Florida Rogers Montreal, PQ . f") \..) , \~ \ t City Solicitor's Office Bureau de l'avocat municipal P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L 1 www.saintjohn.ca The City of Saint John Section 10.2(4)(0 and (2;) COMMITTEE-OF- THE-WHOLE November 2,2007 Common Council of The City of Saint John Your Worship and Councillors: Re: Motocross Track - Ocean Westway At a meeting of Common Council held on October 22, 2007, I committed to reviewing the evidence collected to date by the Saint John Police Department (the "Police") and the Building Inspector's Office with respect to the above- noted matter and report back to Common Council respecting the strength of this evidence. This commitment followed my October 18, 2007 opinion to Committee of the Whole that recent case law supports proceeding against Mr. Williams, one of the registered owners of the parcel of land upon which the motocross track has been constructed (which is identified by PID # 00287474 and hereinafter referred to as the "Property"), under By-Law Number c.P. 110 - The Zoning By-Law of the City of Saint John (the "Zoning By-Law"). The substance of my October 18, 2007 opinion to Common Council (the "Zoning Opinion") is reproduced below for ease of reference: ... /2 Common Council November 2, 2007 City Solicitor Page 2 Re: Motocross Track - Ocean Westway Opinion: As a preliminary observation, I note that the ultimate success of prosecution or other legal action under the Zoning By-Law depends significantly on the sufficiency and quality of the evidence marshaled by the City. The City Solicitor's Office is in the process of reviewing the evidence recently collected by the Police Department and the Building Inspector's Office. The City Solicitor's Office is also in receipt of evidence from affected residents of the Monte Cristo subdivision. Having reviewed the relevant case law, as well as the applicable provisions of the Zoning By-Law and the Community Planning Act, I have identified two possible remedial options available to the City respecting the motocross track that is situated on the Property. First, the City may elect to prosecute Mr. Williams under the Zoning By-Law in Provincial Court on the basis that the use of the Property as a motocross track is not a permitted use, nor is it an accessory or incidental use under the RF-Rural zoning designation. Should Common Council elect to proceed with this option and should such prosecution be successful, Mr. Williams would face a fine ranging between $140.00 and $320.00. Such a fine would only have a deterrent effect against future incidents of non-compliance with the Zoning By-Law at the Property, as the Provincial Court lacks the remedial jurisdiction to order the cessation of future motocross activities on the Property. Second, the City may elect to apply to the Court of Queen's Bench under subsection 94( 1) of the Community Planning Act for an order requiring Mr. Williams to cease using the motocross track on the Property in the future. Should this more permanent remedy be favoured by Common Council, it would be necessary for such course of action to be approved by resolution. Of the two options described above, I recommend that Common Council pursue the latter; however, there are some risks associated with this option that merit further explanation. It has long been the practice of the City Solicitor's Office to provide offending parties with notice of non-compliance with the Zoning By-Law prior to seeking the remedies available by way of application to the Court of ... /3 Common Council November 2, 2007 City Solicitor Page 3 Re: Motocross Track - Ocean Westway Queen's Bench. The intention behind this practice is two-fold - to provide the offending party with an opportunity to voluntarily comply with the Zoning By-Law and to avoid subsequent arguments grounded in fairness from the offending party should the matter ultimately proceed to the Court of Queen's Bench. I wish to advise Common Council that a notice of non-compliance with the Zoning By-Law is being prepared today by the City Solicitor's Office with a view to serving same upon Mr. Williams on Friday, October 19, 2007 (the "Notice"). Should Common Council elect to proceed with an application to the Court of Queen's Bench in circumstances where no fresh instances of motocross track use on the Property occur following the service of the Notice (which is a real possibility considering that the close of the motocross season is fast approaching), it may diminish the City's prospects of securing an order prohibiting the future use of the motocross track on the Property. Consequently, it is my view that we wait for a short while before such a decision is made in order to see whether use occurs subsequent to service of the Notice. Finally, I wish to point out that if the City unsuccessfully proceeds with an application to the Court of Queen's Bench, it could be ordered to pay a portion of the legal costs incurred by Mr. Williams in responding to such application. Common Council may wish to accept these risks and elect to proceed with an application to the Court of Queen's Bench because the potential resulting benefit would be an order prohibiting Mr. William's continued future use of the motocross track on the Property. It is likely that the City Solicitor's Office could proceed to a hearing of an application before the Court of Queen's Bench this winter and, if successful, have an order in place prior to the recommencement of motocross activities at the Property in the Spring of 2008; however, this anticipated timeframe would largely depend on the availability of the Court of Queen's Bench to hear this application. The Evidence: Further to the Zoning Opinion, I wish to advise Common Council that the Building Inspector's Office served Mr. Williams with notice of non- compliance with the Zoning By-Law on October 19, 2007. Since that time, use of the motocross track has been minimal according to the Police and the ... /4 Common Council November 2, 2007 City Solicitor Page 4 Re: Motocross Track - Ocean Westway residents of Monte Cristo subdivision (and surrounding areas) with whom the City Solicitor's Office has been in direct contact. This, however, may be attributable to the wind-down of the motocross season andlor the poor weather we have been experiencing on Tuesdays, Thursdays and Saturdays, being the days of the week that the motocross track is typically in use. This week, a review was conducted of all evidence provided to date by the Police and the Building Inspector's Office to the City Solicitor's Office. This review demonstrated that there is still evidence in the possession of the Police (including evidence collected directly from the residents of Monte Cristo subdivision and surrounding areas) and the Building Inspector's Office that has not yet been submitted to the City Solicitor's Office for our review. Appropriate requests and follow-ups have been made regarding this evidence. The City Solicitor's Office has also reviewed evidence that it has received directly from the residents of Monte Cristo subdivision (and surrounding areas). We have reviewed the first installment of this evidence, which consists exclusively of photographs collected between May and early September, 2007. We have been advised that the balance of this evidence will be provided to the City Solicitor's Office by the end of this week. Based on our review of evidence received to date by the City Solicitor's Office from the Police, the Building Inspector's Office and the residents of Monte Cristo subdivision (and surrounding areas), we do have some concerns regarding whether such evidence is sufficient to meet the requirements for prosecution or for an application to the Court of Queen's Bench for the relief permitted under subsection 94(1) of the Community Planning Act. More specifically, we note that the records collected by the Police lack the level of detail that we would like to see (i.e. missing names, times and other particulars in several instances) and they have not provided any supplementary photographic or video evidence of their observations. In part, this arises from the fact that the primary focus of the Police's efforts over the summer was related to noise, not zoning. We expect that some but not all of these concerns may be overcome once all collected evidence has been reviewed by the City Solicitor's Office and we have an opportunity to interview the representatives of the Police and the Building Inspector's Office who have been involved, as well as the residents of Monte Cristo subdivision (and surrounding areas). In short, the City Solicitor's Office is prepared to do its best with the evidence that has been, and will continue to be, collected. .../5 Common Council November 2, 2007 City Solicitor Page 5 Re: Motocross Track - Ocean Westway As noted in the Zoning Opinion, "Common Council may wish to accept these risks and elect to proceed with an application to the Court of Queen's Bench because the potential resulting benefit would be an order prohibiting Mr. William's continued future use of the motocross track on the Property." To summarize, these risks include the possibility of cost consequences (probably not exceeding $2,000.00) should the City unsuccessfully proceed against Mr. Williams under the Zoning By-Law and the related concern that Mr. Williams may feel emboldened should the matter proceed by way of application to the Court of Queen's Bench and he be successful. Should the City successfully proceed, the Court of Queen's Bench may order that Mr. Williams cease using the motocross track that he has constructed on the Property in the future because it is not a "permitted use" under the RF-Rural designation set out in the Zoning By-Law. Such an order could be secured this winter depending on the scheduling availability of the Court of Queen's Bench and provided that Mr. Williams did not stall the matter by raising procedural roadblocks. I will discuss this correspondence in further detail with Common Council in Committee on November 5, 2007 and have prepared the following resolution should Common Council decide to direct the City Solicitor's Office to proceed with an application to the Court of Queen's Bench under subsection 94(1) of the Community Planning Act. RESOLVED that Mr. 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 in accordance with subsection 94(1) of the Community Planning Act for an Order that will: 1. Require Allan A. Williams and Edgar Alan Williams to immediately cease using or permitting the use of their property at 2086 Ocean Westway (identified by PID 00287474) (hereinafter the "Property") as a motocross track/by motocross cycles, and 2. Require Allan A. Williams and Edgar Alan Williams to refrain from using or permitting the use of the Property as a motocross tracklby motocross cycles in the future, and .../6 Common Council November 2,2007 City Solicitor Page 6 Re: Motocross Track - Ocean Westway 3. Require Allan A. Williams and Edgar Alan Williams to, within 60 days or within such other time as the Judge may allow, demolish the motocross track that has been constructed on the Property, and 4. Authorize the City to cause the demolition of the motocross track on the Property in the event that Allan A. Williams and Edgar Alan Williams do not comply with the order to do so from the Court of Queen's Bench, and 5. Require Allan A. Williams and Edgar Alan Williams to pay to the City of Saint John court costs in such an amount as the Judge may allow. Respectfully Submitted, /{ 1VC{((/'tLT JO~ L. Nugent . City Solicitor