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1991-07-22_Minutes 83-31 COMMON COUNCIL JULY 22, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of July, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance, J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; 1. Totten, Deputy Commissioner of Finance: W. Butler, Director of Water & Sewerage; S. Bedford, Director of Community Planning; J. McNamee, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; J. Baird, Manager - Development Division; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. The meeting was opened with the reciting of the Lord's Prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on July 15, 1991, be approved. Question being taken, the motion was carried. (Councillors Coughlan, Landers and Rogers entered the meeting) Her Worship the Mayor welcomed the return of Deputy Mayor Gould following a recent hospital admission; referred to the Loyalist Days and International Gathering of the Irish activities being celebrated this week; and encouraged the citizens to visit the New Brunswick Museum to view the Irish Decorative Art Exhibit from the Smithsonian Institute. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that an item regarding the Saint John Fundy Aquatic Club (which was considered earlier in Committee of the Whole), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor M. Vincent noted that during recent efforts to raise funds for St. Joseph's Hospital, the City was honoured to have been assisted by Ferguson Jenkins, who recently became the first Canadian to be inducted into the Baseball Hall of Fame and the Mayor agreed to forward a letter of congratulations to Mr. Jenkins on behalf of Council. (Deputy Mayor Gould withdrew from the meeting due to a possible conflict of interest) The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land known as 300 Sandy Point Road located on the southwest side of Sandy Point Road (NBGIC Numbers 369959, 48637,48645 and 55018824), from Low Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "R-2" One- and Two- Family Residential to "1-1" Light Industrial classification, to permit the continuing use of the property for a landscape contractor's business, as requested by 83-32 COMMON COUNCIL JULY 22, 1991 Frank R. Arbo, Sr., and that a petition containing 37 signatures and letters from Donald May, Mr. and Mrs. Percy Jesso and Barbara and Donald Chipman were received objecting to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee advising that at the Committee's meeting of July 16, 1991, the applicant was present and represented by his solicitor, Mr. William Teed; that Mr. Arbo also spoke to the Committee on his own behalf and three residents spoke in opposition to the application on behalf of a number of residents who were in attendance; that the area residents had concerns related to the applicants landscape contracting business, his method of operation and the condition of his property; and recommending that Common Council hold the public hearing and table any decision on the application in order to give area residents, the applicant and staff time to meet and if possible develop a set of conditions to be attached to the landscape contractors operation which will be acceptable to all parties if a re-zoning was to be recommended. (Councillor A. Vincent entered the meeting) Consideration was also given to letters from John and Lynda Nickerson, Albert E. Hogan, Ernest E. Morrell, Donald Cameron, Mr. and Mrs. Randy Oldfield, Frank Moore, Country P,. Morrell and Josephine A. McNeill (copies of which were distributed to the Council members at this meeting) in favour of the proposed amendments. Mrs. Kathy Chipman of 33 Jack Street appeared in opposition to the proposed re-zoning of the subject property and commented on several points addressed in the staff letter to the Planning Advisory Committee, dated July 16. She noted that the properties in question are in an unsightly condition and are visible to the surrounding homes; that the proposed access road allows 1 '2" of space on either side for the abutting neighbours and is not enough space for a fire lane nor even to allow the owners enough room to shovel snow to get to their back doors; that concern has been expressed by the adjoining residents over erosion of fill placed on the site by Mr. Arbo to expand his usable yard area and that although this was not apparent at the time of the site visit, she noted that more fill has been dumped and levelled on this site and will present photographs taken on July 20th to substantiate this information. Referring to Mr. Arbo's letter to the Committee, dated July 15th, Mrs. Chipman refuted the claim that he had been in the business for 30 years and noted that the residents contend he has been in business 10 to 15 years; that she has photographs and license plate numbers of four half-ton trucks, one van, one boom truck and a car in his yard; that he started with one lot of land and has since bought three others in order to increase his business and when the matter was tabled at the Planning Advisory Committee meeting on July 16th, he ignored the fact and ordered gravel for the access road and would have started work if City Hall had not been notified and issued him a Stop Work Order and noted that the only thing that has stopped him is constant calls to City Hall; that he states he has three outbuildings on his property when in fact there are seven; and that Mrs. Freda Byers, one of the property owners adjacent to the access road, stated at the Planning Advisory Committee meeting that she will purchase the lot of land referred to as the "access road" if this would enable Mr. Arbo to relocate; reviewed excerpts from letters submitted by area residents in opposition to the proposed re-zoning and reiterated that they do not want this application approved and presented photographs taken July 20 of the subject properties for Council's information. Mrs. Valerie Theriault of 298 Sandy Point Road appeared in opposition to the proposed re-zoning and advised that the letter which she will present to Council at this time will outline her concerns; her property is the pie-shaped area surrounded by Mr. Arbo's property, that the road he is using is unsafe for not only the children, but for several reasons and she is suggesting that the property be re-zoned, but Mr. Arbo not be allowed the access road where he wants it - put the road in the middle of his property and hidden by the trees. Responding to a query from Councillor Coughlan as to whether she was opposed to the proposed re-zoning, Mrs. Theriault responded that she is opposed unless another route of access is established as she has proposed. Responding to Councillor M. Vincent's question as to whether she would favour an opportunity for the area residents to discuss the matter further with staff and the applicant, Mrs. Theriault replied in the affirmative and suggested that if a solution cannot be found the application should be denied. 83-33 COMMON COUNCIL JULY 22, 1991 Mr. William Teed, solicitor, spoke on behalf of the applicant, Mr. Frank Arbo, Sr., and pointed out the historical perspective of the property and noted that when Mr. Arbo purchased the property in the 1950's, Sandy Point Road was almost considered being in a rural area with small businesses conducted by homeowners in their back yards; Mr. Arbo acknowledges he has been operating this business contrary to the by-law, however, in the 1950's and 1960's zoning was not looked at in the same way it is today and a small business in a backyard was something one just assumed could be done, and time frame when this operation started must be looked at; the present operation is a small landscaping business, which is seasonal in nature, with five employees plus himself. He has four small storage areas and two trucks used in this business and although he does have other vehicles, they are not used for this business. Referring to the issue raised by Mrs. Theriault of access, he acknowledged that the road presently being used is poor from the visibility point of view; Mr. Arbo has purchased property over a period of time and there is a 16.5 foot access from Sandy Point Road which provides improved visibility, however, Mr. Daley and Mrs. Byers have a concern because their homes are built very close to the property line and noted that if Mr. Arbo was so inclined he could put a fence down both sides of the road to ensure the safety of children; that access seems to be one of the major issues raised by the Planning Department; and that the charge laid against Mr. Arbo (as referred to by Mrs. Chipman) was not for unsightly premises, but he was charged for operating a business contrary to the Zoning By-Law and for which he was fined $25.00 and as a result he is seeking permission to continue the operation. Mr. Teed referred to the petition received by the Common Clerk on May 28th noting that half of the people who signed it no longer object and referred to letters from John & Linda Nickerson, Albert Hogan, Ernest Morrell, Donald Cameron, Frank Moore, Country Morrell and Josephine McNeill. Mr. Teed advised that Mr. Arbo's landscaping business is a small seasonal operation and that it does not take away from the residential nature of the area, and that there is not a lot of activity at the site; the appearance of the property is improving and there is a possible solution of the access problem and he asked that Council give favourable consideration to the application. Her Worship the Mayor read the recommendation of the Planning Advisory Committee and was advised by Mr. Teed that he and the applicant are prepared to meet with the residents and staff and that a tentative date has been set. Responding to a query from Councillor Landers as to whether Mr. Arbo has considered moving into an area zoned for this type of operation, Mr. Teed replied in the negative and noted it is a very small operation, not a large landscaping company, and the cost of land and erecting buildings would not be considered feasible by him and suggested this operation does not detract from the residential nature of the area nor produce a lot of activity. Mr. Frank Arbo, Sr., of 300 Sandy Point Road, appeared in support of his application, noting that he has five or six people working for him and if he has to go out of business he will have to lay the men off; advised that the fill he was spreading a few days ago was on his neighbours property who was having a drainage problem; referred to the problem of opening the proposed access road and noted that in 1970 his wife applied to the City to have the corner of Sandy Point Road improved and was advised it was to be done; stated that if he owns a piece of land he should be permitted to put a roadway out of it and he is willing to put up a fence on each side and is willing to put trees in his back yard; referred to reference to the pile of sand and salt and his conversation with Mr. Roy of the Department of Environment who indicated it was not an environment problem. Responding to a query from Councillor A. Vincent in reference to a $25.00 fine resulting from a charge under the Zoning By-Law, Mr. Rodgers advised that whether Council proceeds with the application or decides not to re-zone, the decision should not be based on a Court decision in 1987, but based on the planning policy and information surrounding that subject matter. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee the above matter be laid on the table pending a meeting between the area residents, staff and the applicant to develop a set of conditions to be attached to the landscape contractors operation which will be acceptable to all parties. 83-34 COMMON COUNCIL JULY 22, 1991 Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". (Deputy Mayor Gould re-entered the meeting) The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area of approximately 720 ha (1,780 ac) (NBGIC Numbers 354415,55029144,55006340,55029151 and 5504451), located at 4180 Loch Lomond Road being the Saint John Airport, from Rural and Open Space to Light Industrial classification; and (b) the proposed re-zoning of the same parcel of land from "RF" Rural to "T" Transportation and "1-3" Light Industrial Park classifications, to permit the Airport to be located in an appropriate zoning classification and the development of a 10 ha (25 ac) Industrial Park proposed on airport lands adjacent to the main terminal entrance and parking areas, as requested by Transport Canada - Saint John Airport, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee, submitting a copy of the staff report and advising that the Committee considered the application at its meeting held on July 16, 1991; that the applicant was represented by Bob Powell of Transport Canada and that while a number of area residents were present, one person had the opportunity to speak to the Committee before the item was tabled; that discussion centered around the exact location of the watershed boundary and that the Committee was of the opinion that, although the staff report did not recommend that any of the watershed lands be re-zoned, the exact location of the watershed boundary should be defined before they deal with the application rather than prior to third reading; submitting a petition and letters expressing opposition to the proposal and recommending that the public hearing be held and any decision on the application be tabled so that the applicant has the opportunity to prepare a legal survey illustrating the exact location of the watershed boundary. Councillor M. Vincent noted that the documentation does not give a definition of the area in question and asked direction from the City Solicitor and stated he has difficulty in addressing the application for re-zoning for a parcel of property for which there is no definition or description. Mr. Rodgers advised that he has examined the maps and plans that were attached to the advertisement and a watershed boundary is shown, and because there is a recommendation for further work to be done in the way of a survey, he has also examined a map of the Environmental Planning and Science Branch of New Brunswick in which the reference to the watershed boundary is referred on the plan and in his opinion that reference is accurate enough for public hearing purposes. He advised that the plan shows the large area that was advertised and Council, if it so wishes in the future after the public hearing is finished, can re-zone a smaller area than advertised. Mr. Dennis Boyle of 1967 Loch Lomond Road appeared in opposition to the proposed re-zoning of the subject property, and spoke on behalf of area residents. He advised that there were a number of letters addressed to the Planning Advisory Committee which were not received by Dr. Paula Tippett in time to submit to the Committee and suggested it would be appropriate to submit them to Council at this time, along with a petition signed by area residents and photocopies of letters received by the Planning Advisory Committee that were not distributed to Council; referred to a statement from Dr. Paula Tippett, former District Medical Health Officer, that the property in question lies between Treadwell Lake and Robertson Lake near the intake pipe for the city water supply located near the dam on Lake Robertson, and that some years ago when the dam was raised to increase the water supply for the City, the water level in Treadwell Lake also rose and this would lead one to believe there is an underground connection to Robertson Lake which extends underneath the proposed industrial park; that the map under discussion shows a line of demarcation, one being the water supply, and he presumes that the surveyor has established a height of land so that everything on one side would flow into Treadwell Lake and on the other into Robertson Lake and the City's water supply; any fluids and contaminants would flow to the low lying areas and therefore dealing with water supplies that are residential and recreational. He further noted that Dr. Tippett states that the water table is very near the surface in the area and residents obtain their drinking water from shallow wells which could become contaminated very easily and therefore, this is not an appropriate 83-35 COMMON COUNCIL JULY 22, 1991 development for the residential area and if a light industrial park is needed it should be located on a more appropriate site, one which will not impose a risk to local wells or the City water supply. Mr. Boyle emphasized that the protection of the environment is primary. Her Worship the Mayor clarified that the Planning Advisory Committee report states that the adjacent watershed area will require further survey work to determine its exact location so that the area re-zoned will not be inside the watershed lands as an industrial park. Mr. Boyle responded that this leads to the objection of the area residents, the watershed would be defined as the watershed for the City water supply and the area for the re-zoning is at a height of land between the two lakes, and any flow has to go downhill and there is more than just the City water supply at stake, there are wells and lakes. Mr. Boyle suggested the City presently has three industrials parks which might provide the same type of services or some other site on the Airport property which is far and away from the watershed, i.e. the far side at Clover Valley and suggested the surveys should include a full hydrographic survey. Councillor Flewwelling advised that Council is lacking information as to the type of industries to be located in the industrial park and was advised by Mr. Bedford that the staff report contains a list of specific industrial uses and staff and the applicant tried to be as specific as possible to limit the number of uses to those which the applicant wishes being those related to the aircraft industry. Mr. Boyle suggested these uses are very broad and all encompassing. The following correspondence in objection to the proposed amendments was submitted to Council at this time: (a) comments from Dr. Paula Tippett; (b) a petition to Council from 13 area residents; (c) a letter to Council from B. Prescott, C. Waters and Jean Tippett; (d) eleven original letters addressed to the Planning Advisory Committee; and (e) photocopies of twenty letters addressed to the Planning Advisory Committee. Dr. Paula Tippett questioned whether a decision will be made on the application tonight or if the residents will have another opportunity to speak and discuss this issue and was advised by Her Worship the Mayor that this is the only public hearing on this issue. Dr. Tippett noted that people in this area rely on private wells for their water supply and that Treadwell Lake is a recreation lake for the area; that they are concerned about traffic and do not feel this is an appropriate development for a residential area; that she was told at the Planning Advisory Committee meeting on July 16th that this matter would be tabled and the residents would be informed when the public hearing would be held and they could speak on it and that the public hearing would be held after the plans had been changed. Mr. Bedford explained that if Council tables the application tonight, the Planning Advisory Committee will be continuing its hearing and the residents will have another opportunity to express their concerns at a future Committee meeting. Councillor A. Vincent stated he is shocked that the Federal Department of Transport did not come to Council first and noted that the City has a splendid industrial park in East Saint John. Mr. Rodgers advised that Council should proceed with the public hearing at this time and the normal procedure of first hearing all parties present should be followed. Speaking on a point of order, Councillor Vincent advised that his comments did not conflict with the legal opinion; at this point Mayor Wayne ruled Councillor A. Vincent's comments out of order. Councillor A. Vincent expressed his opposition to such ruling, whereupon Councillor Knibb proposed a motion of support for the chair, which proposed motion was not seconded. Following a ten minutes recess, called by the Mayor, the meeting resumed, and the public hearing continued. Mr. Ray Woodland of 17 Greenwood Lane on Treadwell Lake spoke in opposition of the proposed re-zoning and noted that a point to remember is that Treadwell Lake is spring fed, it has no inlet or outlet; there are people still drinking the water and if there is any pollution it will mean the end of the Lake. Mr. Harold Coughlan of 20 Treadwell Drive spoke in opposition to the proposed re-zoning with the same concern as Mr. Woodland and stated he was of the understanding that this matter would be tabled and sent back to the Planning Advisory 83-36 COMMON COUNCIL JULY 22, 1991 Committee and suggested that there would be more residents present at this meeting had they realized that the public hearing was to be held tonight. He expressed the opinion that carte blanche re-zoning on the 25 acres is a dangerous move, and control is needed and the residents are concerned about the water tables. He submitted the originals of two letters addressed to the Planning Advisory Committee in opposition to the re-zoning. Mrs. Sarah Robertson, 4283 Loch Lomond Road, spoke in opposition to the proposed re-zoning and advised she lives across the street from the proposed site. She advised that traffic is bad and noted that the new expressway is not a truck route and all traffic will be travelling the Loch Lomond Road and expressed concern for the increase in traffic. Responding to a query from Councillor Gould as to whether she was aware this public hearing was to be held tonight, Mrs. Robertson replied in the negative. Mr. Bob Powell of Transport Canada - Saint John Airport appeared in support of the above application; and explained that Transport Canada has to supply a plan of the watershed boundaries and presented the following items for consideration, namely: (1) that the airport lands in total be rezoned from the Rural to Transportation designation as requested; (2) that the light 25 acre park be re-zoned after Transport Canada has time to put together a proposal, which the Planning staff have identified, with respect to sewer, drainage, hydro, etc., that can be presented to Council and the residents and to ensure them that Transport Canada also has a very strong image in regard to the environment and emphasized that they just had an environment impact study done by the Federal Department of Public Works and they were given a level of 5 on a rating of 1 to 5 and asked that they be allowed 4 to 6 weeks to put a proposal together and have a meeting with the area residents and he assured the residents that they too use water from Robertson Lake and are just as concerned as the residents. (Councillor Coughlan withdrew from the meeting) Councillor Landers proposed a motion, which was not seconded, that the matter be tabled pending additional information being supplied by Transport Canada and a meeting between staff the residents and that the residents be given the opportunity to address Council when the Planning Advisory Committee recommendation is considered by Council. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the above application be laid on the table until such time as Transport Canada submits further details on the application and that the Planning Advisory Committee recommendation that the applicant be afforded the opportunity to prepare a legal survey illustrating the exact location of the watershed boundary be followed; and further that a meeting with the area residents be arranged with the understanding that the public hearing has taken place. Question being taken, the tabling motion was carried with Councillor Landers voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a vacant parcel of land on the southeast corner of Albert Street and Victoria Street, having civic number 56-60 Albert Street, (NBGIC Number 374819), from "RM-1" Three-Storey Multiple Residential to "B- 1" Local Business classification, to permit the construction of a building containing a convenience store and one dwelling unit, as requested by Joseph Anthony Osborne, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee, submitting a copy of the staff report and advising that at its meeting of July 16, 1991, the applicant and his solicitor attended the meeting and spoke in favour of the application; that a large delegation of neighbourhood residents also attended and several spoke in opposition to the proposal; that the Committee received one letter in favour and ten letters and a petition in opposition to the proposals, and recommending 83-37 COMMON COUNCIL JULY 22, 1991 that the application be denied. Consideration was also given to a letter (copies of which were distributed to the Council members at this meeting) from Marilyn MacKnight, 82 Victoria Street, in favour of the proposed re-zoning. Mr. Russell Trecartin of 123 Victoria where he resides and operates a grocery store, appeared in opposition to the proposed re-zoning. He advised that a number of area residents were present in the Council Chamber, and he expressed the concern that if another grocery store is opened across the street from him, he may be forced out of business and states he agrees with the recommendation of the Planning Advisory Committee that the application be denied. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Joseph Anthony Osborne for the re-zoning of property at 56-60 Albert Street be denied. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law amendment with respect to closing Chubb Street, Morgan's Alley and Logan's Alley, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Chubb Street, Morgan's Alley and Logan's Alley, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to Chubb Street, Morgan's Alley and Logan's Alley, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John. On motion of Councillor Rogers Seconded by Councillor Knibb 83-38 COMMON COUNCIL JULY 22, 1991 RESOLVED that as recommended by the City Manager, a grant of $2,500.00 be given to the Saint John Fundy Aquatic Club. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk