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2000-11-20_Minutes 88-244 COMMON COUNCIL NOVEMBER 20, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of November, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors 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; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; A Martin, Assistant Deputy 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 Canon Wally Corey of St. Mary's & St. Bartholomew's Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on Tuesday, November 14,2000, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment To Re-Zone 1384 Old Black River Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1384 Old Black River Road (part of NBGIC Number 422063), having an area of approximately 4350 square metres (46,824.54 square feet), from "RS-2" One and Two Family Suburban Residential and "RS-1 M" One and Two Family and Mobile Home Suburban Residential to "RF" Rural classification, to establish vehicle access to a proposed gravel pit on an adjacent property already zoned "RF" Rural, such access to enable excavated gravel to be removed from the adjacent parcel of land, as requested by Thomas Developments Ltd., and 3{c) letters of objection, including a petition, were received from Linda Jardine, Rose McCutcheon and Kenneth Davis. 3{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's reports considered by the Committee at its August 22 and November 15, 2000 meetings, as well as letters with respect to the proposed re-zoning; advising of the Committee's adoption of the staff recommendation after a short recess to consider the staff report and issues raised by those who spoke; and recommending that Common Council deny the application for re-zoning. Pamela Dempsey of 34 Nason Road, speaking in opposition to the proposed re-zoning as a spokesperson for Old Black River Road and as one whose family homestead was located in the area, addressed concerns about the effect of a gravel pit operation in terms of property values, emotional upset, environmental impact, truck traffic and pedestrian and motorist safety, noise, the drinking water supply, fish and wildlife, and disruption of a peaceful, quiet community. Ms. Dempsey commented on the condition of Old Black River Road in its lack of sidewalks and blind knoll issue and her 88-245 COMMON COUNCIL NOVEMBER 20, 2000 concern about the effect of heavy equipment on the road, as well as on the rock ledge on the property in question which runs adjacent to her family's home at 1374 Old Black River Road; and asked Council to deny the proposal. Randolph Beckwith of 1292 Old Black River Road addressed Council in opposition to the proposed re-zoning on the basis of the disruption to those living in the area and that the road structure would not support trucking, and recommended that Council deny the application. Linda Jardine of 114 Cottage Road advised her objection to the proposed re-zoning, asking Council to vote against it if it considered the safety and wellbeing of the residents of the City to be its number one mandate in that the only thing the community concerned has is its relative safety, and also to listen to the citizens' pleas for their quality of life. Mary Anne Chamberlain of 11 Bundy Lane, appearing in opposition to the proposed re-zoning, expressed concern that her residence was only fifteen feet from the proposed access road which would go between her house and the house across the road, and advised that she could not see gravel trucks passing between the two houses as they were too close, expressing the view that it would be unsafe for small children to walk along the road to the bus stop on Bundy Lane. Raymond Millberry of 1374 Old Black River Road advised his opposition to the proposed re-zoning due to the effect it would have on his house which was adjacent to the property in question and, according to the applicant, exceeds on the subject property, and also the effect on his well. Danny Hawboldt, appearing in opposition to the proposed re-zoning, advised that, as a truck driver for eight years, he could not figure out how two trucks could pass each other as there was no room for them to do so and also, as the area in which he resided was black mud, the proposed road would sink out of sight when gravel was hauled out of the subject pit. John Colwell, President of Thomas Developments Ltd., appearing in support of his application, referred to other gravel pits which he operated and subsequently rehabilitated over the years and the lack of access by truck to his property because of its residential zoning classification, suggesting that there was no area in the City where gravel could be hauled without the presence of children, schools and buses, and expressing his concern about owning a 170-acre parcel of land which he could not access or develop, and was his livelihood which also keeps twenty people working. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, the application of Thomas Developments Ltd. for the re- zoning of property located at 1384 Old Black River Road be denied. Question being taken, the motion was carried. On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 4(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 477 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 September 7, 1999 re-zoning of the property situated at 477 Millidge Avenue (NBGIC Number 55147797, formerly NBGIC Number 55115059), to permit a revised proposal to allow for the establishment of a car and truck wash operation, as requested 88-246 COMMON COUNCIL NOVEMBER 20, 2000 by Peter Pappas for NJP Developments Incorporated, and a letter from Stephen Halsall (copies of which were distributed to Council members at this meeting) was received expressing concerns with respect to the proposal. 4{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's reports considered at the Committee's October 3 and November 15, 2000 meetings, as well as a copy of one letter received regarding the above application; advising of the Committee's adoption of the recommendation, as well as its approval of the establishment of the proposed car wash operation (conditional use) with the suggested conditions; and setting out a recommendation in this regard. Nancy Gordon of 441 Millidge Avenue appeared in opposition to the proposed amendment for the reason that the more the area concerned was being filled in the more her house was being flooded out; and circulated photographs to show the extent of this flooding which, she advised occurred after having spent thousands of dollars digging up her property, moving her house and installing drain tile; and, during discussion, she explained that she had no objection to what was proposed as long as her property did not get flooded. Richard Turner of Hughes Surveys and Consultants Limited, in support of the application, advised that his client was in favour the Planning Advisory Committee and staff recommendation; and addressed Ms. Gordon's concern with respect to flooding, referring to the site servicing and drainage plan submitted with the Committee's above-mentioned report and explaining the action to be taken to improve the water flow through the subject property, even though elevation checks indicated that the basement level of the house in question would be substantially higher than the subject site and is up the hill from it. John Pappas, speaking in support of the proposal on behalf of the owner, NJP Developments Incorporated, referenced the proposed use of the property, when it was re-zoned from one-family residential to business about a year ago, for professional business, entailing a number of units to house such things as a doctor's office and a take-out, and that concerns, such as traffic, were addressed at that time; and expressed the view that the amended use would actually reduce the amount of traffic to the subject property. Mr. Pappas advised that the two Planning Advisory Committee meetings to consider the amendment in question provided an opportunity to fully canvas the concerns of the residents and the concerns were not at all to the intended amended use which gave rise to the above application but rather the issue of the drainage, as well as an opportunity for Planning staff in consultation with the consultant to adequately address the issues as outlined in the above report. On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions imposed by Common Council on September 7, 1999 regarding a commercial development at 477 Millidge Avenue be amended to permit the establishment and operation of a car or truck wash operation. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 88-247 COMMON COUNCIL NOVEMBER 20, 2000 5(a) Zoning By-law Amendment To Re-Zone Land Adjacent To 1 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of all (or that portion not already zoned "B-2" General Business) of a parcel of land located adjacent to 1 Golden Grove Road (NBGIC Number 55146427), having an area of approximately 2000 square metres (1/2 acre), from "P" Park to "B-2" General Business classification, as requested by PCB Holdings Ltd., and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 15, 2000 meeting at which Peter Bardsley, the applicant, indicated he was in general agreement with the Section 39 conditions as proposed by staff but requested that the deadline for completion of the site work be extended by two months, from July 31, 2001 to September 30, 2001, which would also require that the expiry date for the letter of credit be adjusted to November 30, 2001, and that the Committee adopted the staff recommendation with the changes requested by the applicant; and recommending that Common Council re-zone all (or that portion not already zoned "B-2" General Business) of a parcel of land located adjacent to 1 Golden Grove Road (NBGIC Number 55146427), having an area of approximately 2000 square metres (1/2 acre), from "P" Park to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the owner must maintain the parking area and the entrance driveway with asphalt pavement; (b) the owner must enclose the paved areas with continuous cast-in-place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; (c) curbing of the driveway must extend onto the City right-of-way to join with the street side curb and sidewalk; (d) the owner must provide adequate site drainage facilities (including catch basins, where necessary) in accordance with a detailed drainage plan, prepared by the owner and subject to the approval of the Chief City Engineer or his designate; (e) the owner must landscape all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas, and the landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk; (f) the site must be developed and maintained in accordance with a detailed site plan, prepared by the owner and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, free-standing signs, exterior lighting, landscaped areas and any other site features; (g) the site plan indicated in condition (f) must be submitted to the Development Officer no later than January 31, 2001; (h) the owner must complete all improvements shown on the approved site and drainage plans no later than September 30, 2001; (i) the applicant must provide security, in the form of cash or letter of credit, in an amount to be determined by the Building Inspector and with an expiry date no earlier than November 30, 2001, to guarantee completion of all work illustrated on the approved site and drainage plans; and U) the development of the site must not be subsequently altered except in accordance with a revised site plan, prepared by the owner and subject to the approval of the Development Officer, and any resulting approved changes to the site development must be completed within one year of approval of the revised site plan. Peter Bardsley appeared in support of his application and indicated his agreement with the above recommendation. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning all (or that portion not already zoned "B-2" General Business) of a parcel of land located adjacent to 1 Golden Grove Road (NBGIC Number 55146427), having an area of approximately 2000 square metres (1/2 acre), from "P" Park to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. 88-248 COMMON COUNCIL NOVEMBER 20, 2000 Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning all (or that portion not already zoned "B-2" General Business) of a parcel of land located adjacent to 1 Golden Grove Road (NBGIC Number 55146427), having an area of approximately 2000 square metres (1/2 acre), from "P" Park to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. 6(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 25-29 Golden Grove Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the May 2, 1994 re-zoning of the property situated at 25-29 Golden Grove Road (NBGIC Numbers 300098, 301598, 307462 and 55099030), to permit a revised parking lot layout, as requested by PCB Holdings Ltd., and no written objections were received in this regard. 6{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's November 15, 2000 meeting at which Peter Bardsley, the applicant, indicated his agreement with the staff recommendation except for the recommended denial of the second driveway on Golden Grove Road and he requested that the deadline for completion of site work be extended by two months, from July 31,2001 to September 30, 2001, which would also require that the expiry date for the letter of credit be adjusted to November 30, 2001; advising of the Committee's adoption of the staff recommendation concerning the proposed Section 39 amendment, with the changes requested by the applicant with respect to the driveways and site work deadlines; and setting out a recommendation in this regard. Peter Bardsley appeared in support of his application, and indicated his agreement with the above recommendation. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the conditions imposed on the May 2, 1994 re-zoning of the property situated at 25-29 Golden Grove Road (NBGIC Numbers 300988,301598,307462 and 55099030), by: (a) amending condition (d) to permit one driveway on Simpson Drive, and two driveways on Golden Grove Road; (b) deleting condition (i), the requirement that a board-on-board fence shall be erected and maintained between the subject property and the adjacent property located at 9 Simpson Drive; and (c) adding the following as conditions (i), 0), (k) and (I): (i) the site plan indicated in condition (g) must be submitted to the Development Officer no later than January 31, 2001; OJ the owner must complete all improvements shown on the approved 88-249 COMMON COUNCIL NOVEMBER 20, 2000 site plan no later than September 30, 2001; (k) the applicant must provide security, in the form of cash or letter of credit, in an amount to be determined by the Building Inspector and with an expiry date no earlier than November 30, 2001, to guarantee completion of all work illustrated on the approved site and drainage plans; (I) the development of the site must not be subsequently altered except in accordance with a revised site plan, prepared by the owner and subject to the approval of the Development Officer, and any resulting approved changes to the site development must be completed within one year of approval of the revised site plan; and (2) Common Council deny the requested amendment to the Section 39 condition that would delete the curbing requirement. Question being taken, the motion was carried. On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 7. Mayor's Remarks Mayor McAlary proclaimed November 20, 2000, as National Child Day in the City of Saint John. (Councillor White withdrew from the meeting.) 8. Traffic By-law Amendment Re Truck Routes Consideration was given to a report from the City Solicitor responding to questions raised at the last meeting further to the Saint John Board of Police Commissioners' recommendation that the Traffic By-law be amended so as to increase the penalty for a violation of the truck route provisions from $10 to $35, such questions relating to the range of fines that a municipality may impose for a violation of municipal traffic by-laws and as to whether or not the by-law could provide for fines to increase for a second or further violation of the truck route provisions of the by-law; and submitting an amendment that would provide the increase recommended by the Board. The report sets out guidelines pertaining to the successful prosecution of violations outlined in the Traffic By-law, further to the recommendation of Assistant Deputy Chief A. C. (Bert) Martin in his report to the Board, which was included with the Board's report to Council on November 14,2000, of certain initiatives, such as having the Legal Department provide the Force with procedural guidelines; and advises that these guidelines will be forwarded to the Police Force. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that a by-law entitled, "A By-law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to fines for violation of the truck route provisions, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law To Amend A By-law Respecting Traffic On Streets In The City Of Saint John Made 88-250 COMMON COUNCIL NOVEMBER 20, 2000 Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to fines for violation of the truck route provisions, 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 9. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, November 14,2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That as recommended by the Nominating Committee, Howard L. Cogswell be appointed to the Preservation Review Board for a term to expire August 2001, replacing David Colwell who has resigned. November 20, 2000 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary C h air man. 9.1. Appointment To Preservation Review Board On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. (Councillor Desmond withdrew from the meeting.) 10. Planning Advisory Committee - Land For Public Purposes Dedication. 2850 Loch Lomond Road On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted revised photo-reduced tentative 1. E. Desmond Estate Subdivision plan of 2850 Loch Lomond Road, showing a land for public purposes dedication of approximately 4 hectares (9.88 acres) along the Little River; and (2) authorize the Mayor and Common Clerk to execute the necessary right-of-way documents in accordance with the approval and conditions imposed by the Planning Advisory Committee at its November 15, 2000 meeting concerning the establishment of easements over the subject property. (Councillors Vincent and White re-entered the meeting.) Question being taken, the motion was carried. (Councillor Desmond re-entered the meeting.) 88-251 COMMON COUNCIL NOVEMBER 20, 2000 11. Planning Advisory Committee - Assent To Municipal Services Easements. 463 Rothesay Avenue On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced Canadian National Railway Company subdivision plan of 463 Rothesay Avenue, and to any required municipal services easements. Question being taken, the motion was carried. 12. Multicultural Association Of Saint John, Inc. Improvements To Fort Howe Blockhouse On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that the letter from Multicultural Association of Saint John, Inc. referring to its Fort Howe Blockhouse Committee which has been operating on a voluntary basis during the summer for the past four years and to action required in replacing four beams on the south face of the Blockhouse which are showing signs of rot, in applying some form of preservative of a neutral shade to the outside of the Blockhouse, and proper caulking at the Blockhouse, at an estimated cost of $1,200, $600 and $200, respectively; and requesting approval by the City of this very modest sum, be referred to the City Manager. Councillor Court suggested an amendment to the motion so as to approve $600 for the preservative to which the Mayor indicated that the City Manager could act within his authority with the referral motion. Question being taken, the motion was carried. 13. Horst SauerteiQ - Crane Mountain Landfill On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the letter from Horst Sauerteig referring to his various letters to Council concerning the legality of the Community Environmental Monitoring Agreement for Crane Mountain landfill, and outlining his argument once more, be referred to the City Manager, the City Solicitor and the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk