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1994-05-12_Minutes 84-657 COMMON COUNCIL MAY 12,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Thursday, the twelfth day of May, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; S. Bedford, Commissioner of Development Services; J. Baird, Manager - Development Division, Planning; P. Asimakos, Planner; B. Steeves, Deputy Building Inspector; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Call To Order Deputy Mayor McAlary called the meeting to order, noting that the purpose of this meeting was to hear presentations on the proposed Pits and Quarries Aggregate Resource Strategy which was submitted to Council on April 5 by the City Manager who, following this public meeting, will prepare a report to Council recommending specific actions in this regard. 1. Brookville Torrvburn Association Consideration was given to a letter from Elizabeth A Cann, Secretary of the Brookville Torryburn Association, requesting an opportunity to speak to Council regarding the Pits and Quarries Aggregate Resource Strategy, as a member of the citizens' committee in this regard. Mrs. Cann of 1133 Rothesay Road addressed Council and, having commented on her involvement in the matter of pits and quarries since 1967 at which time she was selected to represent the people of her area, as well as on the City's actions in this regard, advised that the proposed Strategy addresses all the problems the people of Brookville and Torryburn have had to endure for more than a quarter of a century and continue to do so even today. Mrs. Cann made the observation that these problems are all addressed under section 4.3 Social and Environmental Impacts of the Strategy; and expressed the opinion that, while some revisions will need to be made to the Strategy before it is a completed document, Council must take action in this regard if it wishes to spare the residents in the areas surrounding pits and quarries from the inexorable misery the people of her neighbourhood have been forced to endure since the quarry was first developed in Brookville and Torryburn. (Councillor Rogers entered the meeting during the above presentation.) 2. Galbraith Construction Ltd. Read a letter from Galbraith Construction Ltd. advising that it is in disagreement with the issue "Zoning Designation for Pits and Quarries" in the proposed Pits & Quarries Aggregate Resource Strategy in that, under the list of those pits and quarries which may be considered for re-zoning, its property known as Ping Pong Pond, which is adjacent to the operational gravel pit known as 107 Twilight Avenue owned by Joseph Steele for which no excavation permit has been obtained, is not listed; and requesting that this property be included in the new pits and quarries zone and referred to as 1450 Golden Grove Road (Ping Pong Pond). Mr. R. A Ridgeway of Galbraith Construction Ltd., appeared before Council, and commented on Galbraith Construction Ltd.'s reason for being in disagreement with one specific item in the proposed Strategy relative to Ping Pong Pond, as explained in the above letter. Mr. Ridgeway advised that the Ping Pong Pond property has a vast potential for aggregate supply in the future and that, while excavation permits were obtained through the years 1979 to 1989, in 1990 Galbraith Construction was advised by the Building Inspector that a permit was not necessary if 84-658 COMMON COUNCIL MAY 12,1994 no gravel was to be removed during that year and that, as the Company was obtaining gravel from an alternate source, Galbraith Construction did not apply for a permit until 1992 at which time it was advised that, as the City in the meantime had found out that the entrance road to the subject gravel pit was zoned residential, a permit could not be issued; and expressed the opinion that Ping Pong Pond should be included in the list of areas zoned for gravel pits. 3. Residents Committee. Pits and Quarries StrateQY Consideration was given to a letter from the Residents Committee, Pits and Quarries Strategy, expressing the opinion that, although the proposed Strategy addresses many important issues, there are also unfulfilled aspects of the Strategy and it is imperative for these and other issues mentioned herein to be addressed prior to the advertising or changes to the Municipal Development Plan and appropriate sections of the City's Zoning By-Law which relate to the aggregate resources industry; submitting copies of the Committee's previous correspondence to Council on April 5 with regard to some unresolved issues; and commenting on the need for enforcement of regulations, and the operators' concerns of an economical nature, as well as residents' concern about maintaining the quality of life in communities. Mr. David R. Bowen, Chairman of the Residents Committee, Pits and Quarries Strategy, read from the above-mentioned correspondence, highlighting the Committee's recommendations with respect to the proposed Pits and Quarries Strategy. Deputy Mayor McAlary suggested that Mr. Bowen could apprise the City Manager in more detail of the Committee's recommended changes in the Strategy. (Mayor Higgins entered the meeting and assumed the chair.) 4. River Road Concerned Citizens Committee Consideration was given to a letter from the River Road Concerned Citizens Committee listing issues with which it dealt during its ordeal with excavation activity involving Brookville Manufacturing Co., a division of Moosehead Breweries Ltd., which wanted to remove a test sample of twenty thousand tonnes of calcite (limestone) from its property on Acamac Backland Road, which the Planning Department considered a permitted use; expressing the belief that any potentially-affected home owners must receive warning when projects of such magnitude threaten to negatively impact their quality of life and that Council should assure that priority is given to existing uses and their need to expand and improve, before considering the need for aggregate protection within Saint John and that, although the need for these resources is recognized, this cannot proceed without a detailed study of residential and other needs; and suggesting that the time has come for Council and City staff to take the initiative that recognizes the value of these more residential communities which are rural in nature. Mr. R. Wells of Ketepec addressed Council representing the River Road Concerned Citizens Committee, and read the above letter. 5. Saint John Pit and Quarrv Owners and Operators Read a letter from the Saint John Pit and Quarry Owners and Operators submitting copies of correspondence between the group and Provincial officials with respect to the matter of pits and quarries, and summarizing areas of concern in this regard; and recommending increased enforcement of the existing regulations in the short-term and that City staff continue discussions with the Department of Natural Resources and concerned parties with the intent of developing regulations that can be implemented throughout the Province for the longer term. Mr. J. Bird, noting the delegation of Pit and Quarry Owners and Operators present at the meeting, read the above letter. 84-659 COMMON COUNCIL MAY 12,1994 6. Preserve Bald Hill Committee Consideration was given to a letter from Mr. G. White, Chairperson of the Preserve Bald Hill Committee, advising the intent to make a short presentation on the impact of quarries on the quality of life in Saint John and to repeat requests made at the March 28 Common Council session in regards to the Strategy, as well as to clarify the Committee's position on a number of additional points dealing with pits and quarries. Mr. G. White, representing the Concerned Citizens Group to Preserve Bald Hill, appeared before Council; and, reading from a prepared brief (copies of which were distributed to Council members at this time), including his letter to the Editor of The Evening Times Globe newspaper which he advised he altered so as not to refer to specific zoning issues, expressed the opinion that the present draft of the Strategy is inadequate for the protection of Saint John Residents, and that pits and quarries do not belong in cities, especially in cherished residential neighbourhoods; noted the practice in Fredericton, Nova Scotia and Quebec; and re-iterated the March 28 request to Council for a moratorium on all new proposed pits and quarries within the City of Saint John boundaries until the Gravel Pits and Quarries Aggregate Resource Strategy is implemented, and also requested that the nine issues, as listed in his brief, be included in the Strategy. 7. Garrv Prosser Read a letter from Mr. Garry Prosser asking that he and Mr. Edward Doyle address Council regarding the proposed by-law changes with respect to gravel pits and quarries, with their main topic to be by-law enforcement. Mr. Garry Prosser of Red Head addressed Council about his concern relative to the issue of by-law enforcement, particularly with respect to trucking and illegal commercial activity taking place in the City, the latter from which financial gain must be removed through fines of which a portion should be returned to the City as a means to cost recovery to offset enforcement and prosecution; and commented on problems with topsoil removal and tree cutting in the Red Head area with no permits nor hearings by the Planning Advisory Committee or Council, involving the use of residential streets by tree harvesting equipment and trucks. Mr. Prosser noted past efforts to ensure that sand and gravel pits meet safety standards; suggested that the gravel pit off Loch Lomond Road at the entrance of Champlain Heights could have supported 20 homes, which at a value of $80,000 each at a $1.58 tax, with a tax value to the City of $252,800 over 10 years; and requested a moratorium on new pits and quarries until the Strategy is in place, and that the City start enforcing its by-laws relative to pits and quarries. 8. MarQaret A. Dubee Read a letter from Margaret A. Dubee asking to speak to Council on behalf of residents of East Saint John, including Grandview Avenue and Latimore Lake Road, concerning the Pits and Quarries Aggregate Resource Strategy and the number of pits currently operating in these areas and the ones currently to open or expand as these pits have changed the lifestyle of the residents living in East Saint John and she would like to express their concerns on this issue. Ms. Margaret A. Dubee appeared before Council representing residents of Grandview Avenue, Latimore Lake, Heatherway, Hickey Road and Loch Lomond Road, and expressed concern that the operation of numerous gravel pits and the associated truck traffic has done little to enhance the area and, on the contrary, the noise, exhaust pollution and related dangers of speeding trucks make co-existence between the residents and the industry nearly impossible. Ms. Dubee cited statistics from the early 1960s to date relative to accidents on Latimore Lake Road and Grandview Avenue, and circulated photographs depicting a 1984 situation involving a truck which left the road on a turn on Grandview Avenue; commented on the number of pits in the area, as well on the effects of such pits on the quality of life of the residents; and advised that, while the residents would like to see more stringent rules and regulations, most of all they would like to see the rules and regulations enforced. 84-660 COMMON COUNCIL MAY 12,1994 (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary reassumed the chair.) 9. Saint John Construction Association. Inc. Consideration was given to a letter from Saint John Construction Association, Inc. submitting a copy of its comments relative to the Pits and Quarries Strategy to be presented at this meeting by Mr. M. Washburn, indicating that the Association disagrees with the City's Pits and Quarries Aggregate Resource Strategy in its present form in that it is not based on information supported by technical data and does not adequately or justly serve the needs of the private citizens, the aggregate producers or the City, as a whole; suggesting that there is a need for regulations that address the social and environmental concerns of the City, while at the same time provide for a continuing and uninterrupted supply of low-cost aggregate, which is essential for the City to survive and prosper; commenting on the major area of concern - trucking, as well as on the Association's concern about many of staff's recommendations seeming to be either in conflict with or already covered under existing Provincial legislation which leads to costly duplication of services which is grossly inefficient and adds more cost to the final product, thereby unbalancing the playing field between operators within the City and those outside the City; and recommending that the City wait until the Province has developed the regulations for pits and quarries so as to leave the owners of all pits and quarries in the Province with the same rules and regulations and that, in the meantime, the City should enforce the existing Rules and Regulations which cover most of the concerns that have been raised by the residents and, in the Association's opinion, if enforced would remove their concerns. Mr. M. Washburn presented the Association's brief as submitted above. (The Mayor re-entered the meeting during the above presentation and reassumed the chair, and Councillor Coughlan withdrew from the meeting.) The Mayor thanked those concerned for their presentations at this meeting. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above presentations be referred to the City Manager and appropriate staff for a report to Council. The timing of the anticipated report from the City Manager was questioned, as was the expected completion of the development of the Provincial rules and regulations, and the possibility of Council tabling any applications for re-zoning relative to pits and quarry uses until the City Manager's report is received on the proposed Strategy, as well as the possibility of including in the City's tender specifications that suppliers of sand, gravel and aggregate to the City must meet the pits and quarries standards. (Councillor Coughlan re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Deputy Mayor McAlary Seconded by Councillor Landers RESOLVED that the City Manager and the City Solicitor report to Council within a reasonable time on the possibility of Council tabling any applications for re-zoning relative to pits and quarry uses until the City Manager's report is received on the proposed Strategy. Question being taken, the motion was carried. adjourned. 84-661 COMMON COUNCIL MAY 12,1994 On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk