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2002-04-15_Minutes 89-36 COMMON COUNCIL APRIL 15, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of April, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; 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 Rev. Gordon O'Coin of Calvary Temple offered the opening prayer. The Mayor advised that citizens who wished to take part in the cleanup of Marsh Creek on April 20, 2002 could contact ACAP, and proclaimed Monday, April 22, 2002 as Earth Day in the City of Saint John. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that minutes of the meeting of Common Council, held on April 8, 2002, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re-ZoninQ Of 357 Dufferin Row The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1988 re-zoning of the property situated at 357 Dufferin Row (PID Number 394726), to permit the existing inn to be expanded, including additional guest suites, health spa and cooking school, as requested by Axel and Margerete Begner, and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter expressing concerns about the impact of the proposal on local drainage, considered at the Committee's April 9, 2002 meeting at which Margerete Begner, one of the applicants, expressed agreement with the staff recommendation, and Joanne McGillivray expressed concerns about the safety of the proposed outdoor whirlpool in the rear of the yard; advising that the Committee adopted the staff recommendation with additional conditions that a fence be erected around the whirlpool and the outstanding curbing requirement be completed in conjunction with the project; and recommending that Council amend the Section 39 conditions accordingly. On motion of Councillor Trites 89-37 COMMON COUNCIL APRIL 15, 2002 Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of the subject property situated at 357 Dufferin Row (PID Number 394726), to permit the existing inn to be expanded as proposed, including additional guest suites, spa and demonstration kitchen, subject to the following additional conditions: (a) the proposed outdoor whirlpool shall be walled or fenced to prevent uncontrolled access from the street or from adjacent properties, and such wall or fence shall not be less than 1.5 metres (5 feet) nor more than 1.9 metres (6 feet) in height and shall be maintained in good condition with gate and lock; and (b) the proponent must install the required continuous cast-in-place concrete curbing around the perimeter of the parking lot in conjunction with the proposed expansion of the inn. Question being taken, the motion was carried. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-law Text Amendment & Re-ZoninQ 340 Rothesav Avenue The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-law text amendment to add "special zones SZ#9" to the list of zones in Section 30(1) and its uses and standards as Section 740(9), and the proposed re-zoning of a parcel of land located at 340 Rothesay Avenue (PID Number 308601), having an area of approximately 4,330 square metres (46,609 square feet), from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, as requested by Maritime International Distribution, Inc., and no written objections were received in this regard. 4{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 April 9, 2002 meeting at which Geskeem Weabury appeared on behalf of the applicant and indicated his agreement with the staff recommendation; advising that the Committee, in adopting the motion as set out herein, imposed terms and conditions upon the establishment and operation of a lounge by limiting the number of lounge operations on the subject property to one and requiring the removal of the "old green building" situated on the site; and recommending that Common Council amend the City of Saint John Zoning By-law by: (1) adding the following to the list of zones in Section 30(1): "special zones SZ#9"; (2) adding the uses and standards for the "SZ#9" as Section 740(9); and (3) re-zoning a parcel of land located at 340 Rothesay Avenue (PID Number 308601), having an area of approximately 4,430 square metres (46,609 square feet), from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "By-law Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "special zones SZ#9", its uses and standards, and re-zoning a parcel of land located at 340 Rothesay Avenue (PID Number 308601), having an area of approximately 4,430 square metres (46,609 square feet), from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond 89-38 COMMON COUNCIL APRIL 15, 2002 Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding "special zones SZ#9", its uses and standards, and re-zoning a parcel of land located at 340 Rothesay Avenue (PID Number 308601), having an area of approximately 4,430 square metres (46,609 square feet), from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-591 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-law Amendment To Re-Zone 475 Latimore Lake 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 475 Latimore Lake Road (portions of PID Numbers 335034,327106 and 421727), from "RS- 1M" One and Two Family and Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to "PQ" Pits and Quarries classification, to permit a gravel pit, as requested by Fundy Bay Sand & Gravel Inc., and the following was received in this regard: 5{c) letters of objection were received from Gail Gray and Terrance Gray, a letter of concern from School District 8, and three letters from Margaret Dubee, one in opposition to the proposal, the other two on the Pits and Quarries By-law, and 5{d) a report from the City Manager submitting a letter from Jerome Langille, owner of the existing gravel pit at 460 Latimore Lake Road, which was received subsequent to the Planning Advisory Committee's public hearing, further clarifying his position with respect to his proposal to the Committee to the effect that he would agree to rehabilitate approximately 54 acres (90% of area disturbed) of his pit at 460 Latimore Lake Road, leave a 6:t-acre area at the very back of the working pit for future use, have the 54 acres rehabilitated no later than 4 years from the date of Common Council re-zoning 475 Latimore Lake Road to the new "PQ" zone with rehabilitation to commence from the front of the pit working southward towards the rear of the pit, and to not disturb areas after they have been rehabilitated to conduct "PQ" zone activities (i.e. crushing). 5{b) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, three letters in favour of the proposal and fifteen letters in opposition considered at the Committee's April 9, 2002 meeting at which Stephen Langille, on behalf of the applicant, expressed agreement with the staff recommendation and indicated that his father, the owner of the existing gravel pit at 460 Latimore Lake Road, was willing to undertake a phase-out and rehabilitation of the existing pit over the next few years, except for a five-acre portion at the rear that they would like to retain for aggregate extraction and would be willing to enter into an agreement with the City if the proposed new pit were approved, and a number of concerned citizens attended the meeting in opposition to the proposal, several of whom indicated that they did not want the new pit to be approved unless the existing pit at 460 Latimore Lake Road was completely closed down, rehabilitated and re-zoned out of the "PQ" zone, and also that the Committee, in its review, had a copy of the letter from Lafarge Canada Inc. that was submitted as part of the re-zoning application in support of the proposal. The report advises that the Committee granted the requested variances for reduced setbacks of portions of the pit area and access road, and recommends that Common Council (1) re-zone a parcel of land located at 475 Latimore Lake Road, having an area of approximately 40 hectares, also identified as being portions of PID Numbers 335034,327106 and 421727, from "RS-1M" One and Two Family and Mobile Home Suburban Residential and "RS-1" One and Two Family Suburban Residential to 89-39 COMMON COUNCIL APRIL 15, 2002 "PQ" Pits and Quarries classification; (2) authorize the preparation and execution of an agreement between the City and Jerome Langille, pursuant to Section 101 of the Community Planning Act, requiring that the existing gravel pit located at 460 Latimore Lake Road (PID Number 334565) be rehabilitated over a four-year period; (3) not give third reading to the re-zoning of 475 Latimore Lake Road until the above-mentioned Section 101 agreement is executed; and (4) give serious consideration to the installation of wider shoulders along Latimore Lake Road. Eleanor Golding of 640 Latimore Lake Road advised her opposition to the proposed re-zoning because her basement has flooded, her septic tank cannot be used, and half her lawn has gone from water coming from up back and from the pit as there is nothing to stop the water from coming down, and expressed the view that no more gravel pits were needed unless the mess was cleaned up. Margaret Dubee of 1330 Grandview Avenue, appearing in opposition to the proposed amendment as Co-Chair of the Residents Committee on the Pits and Quarries By-law as well as on her own behalf living handy the subject area, expressed concern that Planning staff would make recommendations to the Planning Advisory Committee on variances to the setback requirements when the re-zoning has not been granted and, if it were, there was no way of telling if the applicant would abide by the new Pits and Quarries By-law which has only been in effect a year, and also the Residents Committee has not yet had an opportunity to work on amendments to the By- law. Ms. Dubee, referring to various section of Planning staff's report, expressed the view that Council should have the Provincial guidelines on operating standards with respect to dust, noise, etc., and reclamation security and rehabilitation requirements in order to approval the re-zoning rather than after, and also that the added traffic and size of the trucks travelling through the area, if this proposal were approved, should be of concern to the Police Force; and commented on the residential nature and quality of life of the area in question and the possibility of residents relocating with the addition of pits; and expressed concern about the safety of children, with more waiting for buses with the closure of the Latimore Lake School, in view of the condition of the Road and sidewalks along only a small portion of it. Ms. Dubee made the observation that there was no guarantee that the old pit at 460 Latimore Lake Road would ever close down and, while the residents have been waiting for twenty-five years for residential properties to be developed there, there would be a very slim chance of anyone wanting to build out front, with gravel trucks driving by and blowing sand and gravel, if the back portion of the pit remained open; expressed concern about safety with trucks coming out at the same time across the Road from both 460 and 475 Latimore Lake Road at the brow of a hill; and suggested that Mr. Langille should move his caretaker's trailer from 460 to 475 Latimore Lake Road and also that, as the City did not have the money to create wider shoulders along Latimore Lake Road, Mr. Langille could improve the portion in front of his own property. Ms. Dubee advised her concern that, with the size of the applicant's property and if he worked from the back to the front of it, it could be that there would be pits starting at Eldersley Avenue going two and a half miles down Latimore Lake Road almost to Hickey Road; expressed the view that, if the re-zoning were allowed, a proper berm should be put in place at the front of the subject property where there is currently a sand berm from which dust blows across the area; and asked Council to turn down the proposal for the quality of life of residents in, and the appearance of, the area. In responding to questions, Ms. Dubee advised that Latimore Lake residents met with Mr. Langille on the above issue at which time they advised him that, if he would agree to completely close 460 Latimore Lake Road and rehabilitate it, they would be prepared to see something open up across the Road, and the Mayor related the contents of the letter from the owner of the 460 Latimore Lake Road property as submitted by the City Manager under agenda item 5(d). Odette McGrath of 31 Lackie Road, spokesperson for the Latimore Lake and Area Residents Association, spoke in opposition to the application to re-zone 475 Latimore Lake Road, referring to various sections and comments in Planning staff's report, and expressed the view that the variances recommended by staff were unreasonable, and agreed with the proponent, if the re-zoning were approved, being required to make application to the Department of Environment and Local Government for a certificate of approval to operate. Ms. McGrath expressed concern that residents would be driven away from the area because they did not have the slightest idea of what the City of Saint John had in store for the Latimore Lake area, as well as about additional flooding and septic tank problems in the area due to watercourse alteration, and a more dangerous situation than before with more children waiting for buses along a 89-40 COMMON COUNCIL APRIL 15, 2002 road with no shoulders and a sidewalk on only one side of a portion of it; and noted the need for measures to be taken to prevent dust and noise from the operation. Ms. McGrath advised the residents' view that the existing pit at 460 Latimore Lake Road should be closed, rehabilitated and re-zoned back to residential before allowing another pit at 475 Latimore Lake Road to open and, if the approach were to rehabilitate approximately 50 acres and have 16 acres remain open as stated, the residents would want this in writing from the owner with a timeframe of no more than two years, as a compromise so the Company could get to its resources in exchange for the closure of the pit that is depleted; and commented on the concern that, if the pit at 460 Latimore Lake Road were not closed down and re-zoned, it could be used again for secondary uses, such as crushing, stockpiling and storage. Ms. McGrath questioned why rehabilitation of the subject site had not been carried out when the temporary permit for its operation had run out, as well as when the activities of Fundy Bay Holdings Ltd. were expected to wind down and the property developed for residential purposes in that the residents had heard statements in the past about pits being closed and it has not happened, referencing the indication that 460 Latimore Lake Road still has valuable sand deposits, and, in terms of the description of gravel as an important community resource that should not be wasted, asked the importance of the residents and who would protect their quality of life. Ms. McGrath also advised of a concern about truck traffic going back and forth across the Road between the subject site and the existing pit at 460 Latimore Lake Road, if the latter did not close and equipment were stored there; and presented slides of aerial views of the Latimore Lake Road area from 1970 through 2002, noting changes in the amount of trees and number of gravel pits, the subject property, the 460 Latimore Lake Road site and junk yards, as well as children on both sides of Latimore Lake Road; and presented a video taken in 1999 to illustrate the condition of Latimore Lake Road, truck traffic in the area and noise associated with a gravel pit operation. Ms. McGrath noted her appearances before Council over the last four years to express the residents' concerns, distributed to the Council members a copy of her property tax assessment on the basis that, if everybody in the City received the kind of discount she did because of gravel pits in their area, the City would be in an even worse financial state, and requested Council to reject the application until further concessions could be made by the operator and the new By-law was enforced. Terrance Gray of 19 Nicolle Road, a member of the Latimore Lake and Area Residents Association, spoke in opposition to the proposed re-zoning, addressing rural areas in general and Latimore Lake in particular, outlining amenities of a rural life style and commenting on what residents did not want in their neighbourhood. Mr. Gray also addressed the property tax issue and how residents living around pits and quarries should be encouraged to appeal their property taxes for sizeable reductions, and advised of calculations based on the amount of taxes paid in the Latimore Lake Road area from the corner of Hickey Road to Eldersley Avenue and all side roads, which indicated that in Latimore Lake alone, property owners paid approximately $293,936.30 and the pits in the area pay only $8,213.51 and, if everybody in Latimore Lake appealed their property taxes and received a 30% reduction, the amount would be $87,936.30; and noted that, if residents in other areas around gravel pits and quarries did the same thing, the City would be facing a devastating loss of tax dollars. Mr. Gray asked Council to deny the re-zoning until some of the pits in the Latimore Lake area were closed. Following a five-minute recess, the Mayor reconvened the meeting. Stephen Langille of 1319 Main Street, Hampton, addressed Council on behalf of Fundy Bay Sand & Gravel Inc., through a three-part computer-aided presentation including (1) an overview of the industry, (2) Fundy Bay Holdings' history and (3) the specifics of the re-zoning of 475 Latimore Lake Road; and, with regard to (1) referenced the recommendation in the Province's report on its study of aggregate reserves in the area between Blagdon near Welsford in 1994 at the time of the City's Pits and Quarries Strategy that Council would need to protect reserves of gravel for the future and to approve new licences for operators in need of gravel reserves to continue their businesses; commented on the difference between quarry rock and pit rock, as well as the status of other pits in the City in terms of being closed, licenced but depleted of gravel and with gravel deposits, and pointed out rehabilitated areas of the City which were formerly pits. Concerning (2), Mr. Langille apprised Council of the Company's background, number of employees and jobs, as well as the status of its pits, and its history in terms of accidents involving its trucks and its hours of operation, advised that the Company operated its pit at 460 Latimore Lake Road according to the rules of the day and developed it with the idea of residential development in the future; and related information on the Company's purchase of the subject property and events subsequent 89-41 COMMON COUNCIL APRIL 15, 2002 to that in terms of re-zoning and temporary permit applications and meetings with City staff and a City-organized mediator Cathy Hayward and Latimore Lake residents leading up to the present application for re-zoning. Dealing with (3), Mr. Langille referenced an aerial view of the subject site owned by Fundy Bay Sand & Gravel Inc. as well as the pit at 460 Latimore Lake Road, the intact tree buffer of 150 metres along the front and side between the proposed excavation site and the six homes abutting the site, and the area which the Province in its study identified as being the only area outside of St. Martins that has primary quality aggregates; advised that the prevailing wind direction was ideal for gravel extraction at the subject location and also the site could not be seen from Latimore Lake Road, and commented on the distances of the proposed site from neighbouring properties, as well as the setback variances, noting the letter from LaFarge in the latter regard. Mr. Langille advised that, with regard to the concern about the driveways at 460 and 475 Latimore Lake Road being opposite each other, if it were the wish of Council and the Committee, he would have no objection to changing the entrance to 460 Latimore Lake Road; and gave reasons for the Latimore Lake Road location being a logical place for new extraction operations, including its proximity to East Saint John's growing commercial and industrial sectors and the economic and environmental benefits associated with trucking distances. Mr. Langille, in dealing with objections to the proposed re-zoning, advised that the property at 640 Latimore Lake Road was uphill from his Company's site, so no water could possibly go from its pit to Mrs. Golding's property, and also that, if the residents wanted berms built in front of the pit so they could not see in, he would have no objection to that, nor did he have a problem with changing the entrance to further up the street so that they would not be opposite each other; disputed the argument with respect to increased truck traffic in that his trucks for the last two years have sat in the yard, as well as the suggestion that there would be more children waiting for buses in that students were currently being bused approximately 1000 or 1200 feet to the Latimore Lake School and in any event his Company has not had a problem with running into people or getting into accidents in 26 years there; and noted the remoteness of the area at 460 Latimore Lake Road that the Company wanted to keep, and the use for sand. As to whether or not Mr. Langille could commit to rehabilitating 460 Latimore Lake Road over two rather than four years, Mr. Langille advised that, while he would like to have it done earlier, he did not know what the market demand would be and he would like to finish emptying the sand deposit out before committing to closing the property down permanently, noting the commitment to rehabilitate 90% of the 6-acre operating area of the pit so the residents would not be getting dust blowing off the sand bank and, once rehabilitated, to not use it for pit and quarry activities; and responded to suggestions on a compromise between what the residents wanted and the applicant's proposal. As to whether or not, if Council tabled the matter for three weeks and asked the City Manager to appoint Deputy City Manager as a facilitator, Mr. Langille would be willing to sit down with Mr. Woods and the residents in this regard, Mr. Langille indicated in the affirmative. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the above matter be laid on the table for three weeks, and referred to the City Manager to appoint the Deputy City Manager to facilitate in this regard. Question being taken, the tabling motion was carried. The Mayor asked the residents to advise Mr. Woods who would be representing them in the above regard. The Mayor, noting the presence at the meeting of people with items on the Council agenda, asked Council to consider at this time items 33 and 34, as well as the City Manager's report under agenda item 20 on which a group of citizens was present. 33. Paul & Stacy Coyle - Request To Address Council Re FloodinQ On Honevsuckle Drive 89-42 COMMON COUNCIL APRIL 15, 2002 The Mayor noted that, as indicated at the April 8, 2002 Council meeting in dealing with Paul and Stacy Coyle's previous request to speak, Council was awaiting a report from the City's insurer; and expressed the understanding that the insurer's report would be coming to Council, probably in Legal Session, next week and Council would like to hear that report before hearing from anybody else. The Mayor advised that she was given the information from the City Manager indicating that any costs for issues involved in this would be paid by the City's insurer; and called for a motion to the effect that Council would not hear from anybody until it had the report from the City's insurer. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that, with regard to the letter from Paul and Stacy Coyle once again asking to speak during open session of Council on April 15, 2002 about flooding on Honeysuckle Drive, they be advised that Council would not hear from them until the City's insurers report has been received. Mr. Nugent expressed the view that the appropriate course of action for Council to take in the above regard was to handle it in the fashion as described by the Mayor. Question being taken, the motion was carried. 34. Arthur Melanson - Residential Parking And Snow Removal Study On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Arthur J. Melanson commenting on the Parking Commission's recommendation regarding snow removal, street cleaning and emergency vehicle; and suggesting that a ban that allows for parking on one side of the street only during winter months should be considered and, as for parking in the Uptown Saint John area, it would send a more positive message if the City allowed for a by-law that supported residency parking from 7 a.m. to 5 p.m. only at no penalty cost to the residents; and advising that he does not object to the Residential Permit Program as such but he does object to accepting the Parking Commission's proposal of extending it as required without a polling of residents, be referred to the Saint John Parking Commission. Question being taken, the motion was carried. 20. Soil Remediation - Spruce Lake Read a report from the City Manager advising that, on November 12, 2001, staff became aware of a fuel oil spill in the compound of the Spruce Lake water treatment plant where approximately 100 gallons of domestic furnace oil had leaked into the ground from the furnace oil tank located next to the caretaker residence, and on November 13 exterior cleanup commenced with excavation of all contaminated soil below the tank location and removal for remediation under the direction of an NBDOE site inspector and, at the inspector's recommendation, Jacques Whitford Environmental Limited was hired to manage the site and remediation in the role of site professional consultants to further investigate the extent of the contamination and provide a site evaluation report based on risk-based screening level criteria (related to the long-term impact on this site) and, as a result of soil sampling around and below the structure, it was determined that there is fuel oil in moderate concentrations remaining below the foundation and floor of the residence structure in the sub-surface soil. The report also advises that, as in accordance with Provincial guidelines it must be demonstrated that this contamination is manageable or remediable and there is low risk of migration into the water table and no present or future risk to human health, several options were explored, with the option of internal excavation of the floor and export of the contaminated soil below having been chosen as the most diligent and economical one, and Jacques Whitford Environmental Limited has submitted a maximum upset cost estimate of $34,700 plus HST to complete this, this cost being in addition to actual contractor fees for civil work to remove contaminated soil as well as soil remediation charges. On motion of Deputy Mayor White 89-43 COMMON COUNCIL APRIL 15, 2002 Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the engagement of Jacques Whitford Environmental Limited to complete the site management for the remediation plan at the Spruce Lake water treatment plant, in accordance with the New Brunswick Department of Local Government and Environment Guideline for the Management of Contaminated Sites. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned until 6:30 o'clock p.m., Tuesday, April 16,2002. Common Clerk