Loading...
1999-12-06_Minutes 87 -775 COMMON COUNCIL DECEMBER 6, 1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of December, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Deacon Bob Freill of the Catholic Diocese of Saint John, offered the opening prayer. 2. Approval of Minutes On motion of Councillor White Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on November 22, 1999, be approved. Question being taken, the motion was carried. The Mayor called for a motion to add to the agenda of this meeting, as items 9A, 9B and 21A, respectively, Councillor Chase's letter on the waste diversion target, which was on the Committee of the Whole agenda of this date under item 31; a letter from the Saint John Board of Trade in support of composting as an integral component of the Fundy Region Solid Waste Commission's plans for waste diversion (copies of which were distributed to Council members in Committee of the Whole earlier this date); and the City Manager's recommendation on property purchase for the Mark Drive by-pass road project, which was considered in Committee of the Whole earlier this date under item 37. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above-mentioned items be added to the agenda of this meeting. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 241 MillidQe Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the February 1,1971 re-zoning, to "B-1" Local Business classification, of the property at 241 Millidge Avenue (NBGIC Numbers 46987 and 48033), situated at the corner of Millidge Avenue and Spar Cove Road, to permit the establishment and operation of a restaurant, having a dining room liquor license, and to amend a number of site development conditions, including a request for the elimination of the requirement for a fence along the east side of the property line, barrier devices adjacent to Millidge 87 -776 COMMON COUNCIL DECEMBER 6, 1999 Avenue and concrete curbing adjacent to the landscaped area along Millidge Avenue, with the driveway off Millidge Avenue to remain, and 3{c) the submitted letter and petition in opposition to the proposal, as well as 3{d) the submitted letters in support of the proposal were received. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, letters in favour and letters, one with a petition, against the proposal, considered by the Committee at its November 23, 1999 meeting at which the applicants, John and Shauna Scott, appeared to speak in favour of the proposed Section 39 amendment and indicated their agreement with the changes to the site development conditions as recommended by Planning staff, although they would prefer that the restaurant be allowed to have a dining room liquor license, and they also indicated their willingness to close the restaurant at 11 :00 p.m. nightly and that, even without video lottery terminals (VL Ts), they would still like to have a dining room liquor license; and Peter Graham and Dorothy White spoke against the application, their main concern being with respect to the ability to serve alcohol with a meal and the operation of VL Ts; advising that the Committee, having concerns with the use of VL Ts at this location, adopted a revised recommendation which would permit a licensed dining room only if they voluntarily agreed to forego VL Ts; and recommending that Common Council amend the Section 39 conditions imposed on the February 1, 1971 re-zoning to "B-1" Local Business classification of the property situated at 241 Millidge Avenue (NBGIC Numbers 46987 and 48033), as amended on February 15, 1972 and December 7, 1992, by replacing the conditions with the following: (1) the use of the site be limited to residential units, a convenience/grocery store and a pizza franchise restaurant with a maximum of 25 seats; (2) if the owner volunteers to enter into a Section 101 agreement requiring that the restaurant is to be closed by 11 :00 p.m. nightly and that no video lottery terminals be located on the property, the restaurant could be licensed as a dining room under the Liquor Control Act upon execution and registration of the agreement; (3) the site be developed in accordance with a detailed site plan to be submitted to the Development Officer for approval prior to the issuance of any building permit, illustrating the following: (a) a solid fence with a height of not less than 1.2 metres (4 feet), located along the common property line between the subject property and the property identified as civic number 121 Spar Cove Road; (b) a mature tree having a minimum height of 1.5 metres (5 feet) to be planted in the landscaped area, located between the building and Millidge Avenue; (c) one driveway to be located at the most eastern portion of the site with access to Millidge Avenue, to be solely used for residential use; (d) a physical barrier be provided to protect the existing landscaped area along Millidge Avenue; and (e) a raised planter(s) be provided in the non-landscaped area, adjacent to Millidge Avenue; and (4) the site development conditions listed in (3) above be completed no later than June 30, 2000. Marion Graham of 234 Millidge Avenue, appearing in opposition to the proposed amendment, read the letter under agenda item 3(c), which included a petition objecting to the granting of a dining room liquor license to the owner-operator at 241 Millidge Avenue. John Scott, representing Bell Camp Holdings Inc., speaking in favour of his proposal for the subject property, clarified that the concrete curb he wished to remove was between the parking lot area and the landscaped area now grassed in at the front of the building, as he did not think concrete curbing was needed as there was already a chain link fence in place, although if the City wished to have a concrete curbing put there he would do that; and, rather than put something concrete between the sidewalk and Millidge Avenue, he would like to put a barrier of a planter sort to dress it up and create a nicer and better atmosphere, not one of concrete and asphalt, in entering the restaurant. Mr. Scott advised that he delivered letters to anyone who signed the petition on what the plans were for that location; and explained that he wished to apply for a dining room liquor license to serve beer and wine only, which would enable his franchise, the Pizza Shack, to compete on a level playing field with its competitors like Pizza Delight, Mario's and the Pizza Hut where they offer beer or wine with pizza. Mr. Scott advised his willingness to enter into an agreement to close at 11 :00 p.m. just as he does now, and not to have video lottery terminals. During discussion Mr. Scott advised that the Pizza Shack currently on the property was a take-out only and he had difficulty getting day-time business, and also that he was in receipt of letters in support of his proposal in addition to those referenced 87 -777 COMMON COUNCIL DECEMBER 6, 1999 above; and, in the absence of floor and site plans, advised that, of the retail space available now, approximately seventy per cent would remain the convenience store, with the remaining space to be the proposed restaurant. In view of a concern about children entering the convenience store being able to look into the proposed licensed restaurant and view people drinking, Mr. Scott advised that he would have no trouble amending the proposed opened archway to a door system. The lack of a site plan was noted and reference was made to the difference in the Planning Advisory Committee's recommendation to Council and Planning staff's recommendation to the Committee; and, in response to a question as to whether or not a decision which gives the applicant a twenty-five seat restaurant without the liquor license would be an improvement on his current situation, Mr. Scott replied that it would be an improvement but not financially worth it, based on the numbers he received from Pizza Hut franchise owners in terms of a sit-in restaurant versus take-out, and sit-in with a license versus sit-in without a license. Councillor Fitzpatrick proposed a motion, which was not seconded, to deny the request. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that Common Council amend the Section 39 conditions imposed on the February 1,1971 re-zoning to "B-1" Local Business classification of the property situated at 241 Millidge Avenue (NBGIC Numbers 46987 and 48033), as amended on February 15, 1972 and December 7, 1992, by replacing the conditions with the following: (1) the use of the site be limited to residential units, a convenience/grocery store and a pizza franchise restaurant, having a maximum of 25 seats but not including any facilities with a liquor license; (2) the site be developed in accordance with a detailed site plan to be submitted to the Development Officer for approval prior to the issuance of any building permit, illustrating the following: (a) a solid fence with a height of not less than 1.2 metres (4 feet), located along the common property line between the subject property and the property identified as civic number 121 Spar Cove Road; (b) a mature tree having a minimum height of 1.5 metres (5 feet) to be planted in the landscaped area located between the building and Millidge Avenue; (c) one driveway to be located at the most eastern portion of the site with access to Millidge Avenue, to be solely used for residential use; (d) a physical barrier be provided to protect the existing landscaped area along Millidge Avenue; and (e) a raised planter(s) be provided in the non-landscaped area, adjacent to Millidge Avenue; and (3) the site development conditions listed in (2) above be completed no later than June 30, 2000. It was noted that the above motion was Planning staff's recommendation to the Planning Advisory Committee. Councillor Fitzpatrick expressed concern about the enforcement of Section 39 conditions in view of the indication in the Planning staff report that a number of conditions adopted by Council have not been fulfilled by previous owners of the property. Councillor Titus referenced the outstanding Section 39 conditions, as well as Council's lack of jurisdiction to deal with VL Ts; and advised that he would not support the staff recommendation on the basis of Mr. Scott's indication that he would not proceed with his proposal, as financially it would not make any sense without a liquor license. Question being taken, the motion was carried with Councillors Fitzpatrick and Titus voting "nay". On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 4. Municipal Plan Amendment Property At 300 Boars Head Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with an area 87 -778 COMMON COUNCIL DECEMBER 6, 1999 of approximately 3.5 acres, located at 300 Boars Head Road (NBGIC Numbers 51854 and 286146), from Business Park to Low Density Residential classification, to permit re- zoning of the property from "I-R" Restricted Industrial to "IL-1" Neighbourhood Institutional classification, and subsequent development of a senior citizens' residence, as requested by Curry Brandaw Planners. 6. Bv-Iaw Re Halloween On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the letter from Councillor Titus proposing that, on the basis that local government should attempt to be consistent in all matters and no one member of Council is vested with power to regulate, the submitted copy of the City of Bathurst's By-law on Halloween, if approved in whole or in part, be referred to the Legal Department for an opinion and eventual enactment, be received and approved: AND FURTHER that a by-law relating to Halloween be read a first time. Councillor Titus advised that the point he was trying to make was that the above was a matter with which Council would have to deal and make a decision on, but one person could not do so, thus he put the by-law in front of Council to see if it could pass in whole or in part. Councillor Fitzpatrick advised that he would not have a problem referring the matter to the Legal Department, although he did not like the idea of passing a by-law and subsequently referring it, as he had a concern about enforcement. Councillor Court advised that, while he did not have a problem with Halloween being celebrated on October 31 no matter what day of the week it fell on, he did have a question about seven o'clock at night and a problem with enforcement and in determining if someone was fourteen or sixteen years of age as that would require people to carry identification and the Police to identify how old they are. Councillor Chase asked if the mover of the motion would consider amending the by-law so that part 1 would read that Halloween shall be celebrated on the 31st day of October each year except that when Halloween falls on a Sunday when it would be celebrated on Saturday, to which Councillor Titus replied that he would do so if everybody around the Council table agreed on that. Councillor Trites questioned Council's ability to give first and second readings to a document that refers to the City of Bathurst, and suggested that Council was rushing itself by a week or two with regard to this, referencing the indication in the Bathurst By-law that facial disguises will not be permitted in public after 19:00 hours as possibly outlawing every Halloween party in the City. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Solicitor. Councillor White expressed concern about enforcement of a by-law of this nature, and the Mayor advised that she could agree that Halloween would be celebrated on October 31 as long as it was not on a Sunday, although the Police budget would be quite high in order to police the City to ensure that nobody was out after seven o'clock p.m. Councillor Titus expressed the view that this matter should not be referred, and advised that he would amend the proposed by-law to indicate that Halloween shall be celebrated on the 31 st day of October each year. Councillor Vincent spoke against referring the motion, suggesting that Council should move a motion to adopt part 1 of the submitted by-law. Councillor Trites offered to withdraw the referral motion and, in response to the Mayor's question as to whether or not the seconder agreed, Councillor Fitzpatrick indicated in the negative. Question being taken, the referral motion was lost with all Council members present voting "nay". Moved in amendment by Councillor Titus Seconded by Councillor Vincent RESOLVED that the above submitted by- law be amended by striking out the City of Bathurst and replacing it with the City of Saint 87 -779 COMMON COUNCIL DECEMBER 6, 1999 John, and by adopting only part 1 thereof that Halloween shall be celebrated on the 31 st day of October each year. Question being taken, the motion, as amended, was carried with the Mayor and Councillor Fitzpatrick voting "nay". Read a first time a by-law relating to Halloween. The Mayor asked for Council's consideration of item 5 at this time, whereupon Councillor Trites, on a point of order, asked if it were the intent to proceed at this time with second reading of the above-proposed by-law. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that a by-law relating to Halloween be read a second time. Question being taken, the motion was carried with the Mayor voting "nay". Read a second time a by-law relating to Halloween. 5. Fundy Bay Holdings Limited Re Latimore Lake And Area Residents Association's Presentation Stephen Langille of Fundy Bay Holdings Limited appeared to respond to comments made by the Latimore Lake and Area Residents Association at the November 22, 1999 Council meeting. Stephen Langille of 1319 Main Street, Hampton, representing Fundy Bay Holdings Limited, apprised Council of the history of Fundy Bay Holdings Limited, its extraction of sand and gravel from its 460 Latimore Lake Road site, as well as its activities at 475 Latimore Lake Road, referencing the outcome of Fundy Bay Holdings Limited's June and September 1999 applications for temporary permits to extract gravel from the 475 Latimore Lake Road site, as well as its May 1999 application for re-zoning of this property to permit long-term extraction of sand and gravel, the re-zoning having been denied by Council on July 12, 1999, although a letter had been submitted to Council on the Company's behalf requesting to withdraw the application in view of an indication of Community Planning's intent to revisit the pits and quarries aggregate resource study as part of its 1999 work program and the Company felt confident that the 475 Latimore Lake Road location would fit into the regulations of the new pits and quarries strategy. Mr. Langille advised that, while the Latimore Lake and Area Residents Association presented its arguments against re-zoning, the Company was caught unprepared to present its reasons in favour of the re-zoning as the usual method of handling a request to withdraw a re-zoning application was for Council to withdraw it, and noted that the denial of the re-zoning in effect denied the Company the opportunity to apply for re-zoning for twelve months. Mr. Langille, responding to comments to Council on November 22 on behalf of the Latimore Lake and Area Residents Association, expressed the view that, as that there have been gravel pits in the Latimore Lake Road area for decades, if people were leaving the area, it was to look for work not because of pits; noted the number of gravel pits on Latimore Lake Road, advised that a gravel pit could not be rehabilitated until it was excavated down to its finished grade at which it would be ready for future development which was not the case at the 460 Latimore Lake Road pit except for a couple of small areas. Mr. Langille advised that he would like to have a meaningful conversation and discussion with concerned neighbours as to ways Fundy Bay Holdings Limited could lessen the impact of its operation on the neighbourhood; however, no calls had been received from neighbours asking if the Company could change anything or complaining about anything it was doing; and also that he was waiting for a time and date for a meeting with his neighbours that MLA Rodney Weston offered to facilitate. Mr. Langille commented on police frequency in the Latimore Lake Road area and on the issue of accidents involving truck drivers employed by Fundy Bay Holdings, as well as on the effect on his Company of calls to the Department of the Environment and to the Building Inspector indicating that the Company was hauling from an illegal pit. Mr. Langille, in addressing the thirty-day extraction issue, suggested that communication was the problem, and asked if Council would prefer that Fundy Bay Holdings Limited build a road on the other side so as to come out on Loch Lomond Road rather than Latimore Lake Road. Mr. Langille 87 -780 COMMON COUNCIL DECEMBER 6, 1999 encouraged Council to address in the budget the need to widen the shoulders on Latimore Lake Road which is narrow and has no sidewalks; and advised of the Company's offer last week to the Building Inspector to, at its own expense, put a shoulder along the side of Latimore Lake Road on property which the Company owns between the Latimore Lake Road School and Likely Road. Mr. Langille made the observation that, if one of his neighbours had a problem with dust or trucks being started early or such, he would think that that resident would call him instead of calling the police or City staff to complain and, if the City through the Building Inspector and the Planning Department could facilitate meetings and bring forward suggestions of changes the Company could make other than close down, the Company would listen, and he would be willing to meet with citizens and with staff to discuss changes that they may want the Company to make to its operation and continue in business in its neighbourhood. In response to a question about a meeting between the Company and residents of the area, Mr. Langille suggested that they would need a facilitator; and he advised that, on the thirty day issue, he defined this as being the extraction process where material was extracted from the site. Due to a power interruption, the Council meeting adjourned until Thursday, December 9,1999 at 4:30 o'clock p.m. Common Clerk