2002-11-04_Minutes
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COMMON COUNCIL
NOVEMBER 4, 2002
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fourth day of November AD. 2002, at 5:30 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Chase, Court,
Desmond, Fitzgerald, Fitzpatrick, Teed and Trites
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; P. Groody,
Commissioner of Municipal Operations; J. Baird, Commissioner
of Planning and Development; W. Edwards, Commissioner of
Buildings and Inspection Services; 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 Rev. David Nicholson,
Pastor of Douglas Avenue Christian Church, offered the opening prayer.
2. Approval Of Minutes
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the minutes of the
meeting of Common Council, held on October 28, 2002, be approved.
Question being taken, the motion was carried.
3. Approval of AQenda
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the agenda of this
meeting be approved
Question being taken, the motion was carried.
5. Proclamations
Mayor McAlary proclaimed November 5 to 11, 2002 as Veterans' Week
and Remembrance Week in the City of Saint John.
(Councillor Fitzpatrick entered the meeting.)
The Mayor recognized Councillor Desmond, a member of the Saint John
Parking Commission, who advised of the forthcoming public open house to be held on
November 5, 2002, prior to the Commission's final report to Council on the Residential
Parking and Snow Removal Study of the Saint John Central Peninsula
6. Tender For Self-Contained BreathinQ Apparatus
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, Council accept the written request from Century Vallen, Dartmouth, to
withdraw its tender for self-contained breathing apparatus, and the tender for the supply
of self-contained breathing apparatus and carbon fibre cylinders be awarded to Acklands
Grainger, Saint John, in the amount of $108,345.00, plus tax.
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Question being taken, the motion was carried.
7. Tender For Vans
On motion of Deputy Mayor White
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, the tender from Downey Ford Sales Ltd. in the amount of $26,261.00
plus tax in response to Tender Number 2002-232007T, and the tender from Lorne Brett
Chevrolet Oldsmobile Ltd. in the amount of $32,027.44 plus tax in response to Tender
Number 2002-232008T, be accepted.
Question being taken, the motion was carried.
8. Proposal For Engineering Services - Spar Cove
Road I MillidQe Avenue Street Reconstruction
On motion of Councillor Fitzgerald
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council approve engaging ADI Limited to provide engineering
services for the design and construction management for street reconstruction of Spar
Cove Road from Bridge Street to Millidge Avenue and Millidge Avenue from Spar Cove
Road to Tartan Street, and further that funds in the amount of $34,100, including HST,
be pre-approved from the 2003 Transportation Capital Program to cover the costs
associated with these engineering services.
Question being taken, the motion was carried.
9. Update On 2 Pokiok Road
On motion of Councillor Desmond
Seconded by Councillor Fitzgerald
RESOLVED that the report from the
City Manager updating Council on the issue of the Northern Marine Services Ltd.
property at 2 Pokiok Road, further to Council's direction on June 10, 2002 for the Legal
Department to move this issue from its priority five to a priority one; and advising that
staff of Building and Technical Services and Ralph Hatfield of Northern Marine Services
will be working together over the next few weeks to update the site plan in order to
address the zoning violation and the concerns of the neighbours, be received and filed.
Question being taken, the motion was carried.
10. Catch Basin Standard Frame And Grate
On motion of Deputy Mayor White
Seconded by Councillor Desmond
RESOLVED that the report from the
City Manager responding to a question at the September 30, 2002 Council meeting
regarding the type and style of catch basin frame and grate currently specified and used
by the City of Saint John, and advising that the City's general specifications are currently
under review and all products used are being examined, with recommendations to be
made regarding product standards, be received and filed.
Question being taken, the motion was carried.
11. Provision Of Compensatory StoraQe - 340 Rothesav Avenue
Consideration was given to a report from the City Manager advising that,
further to Common Council resolution of April 2, 2002 authorizing the sale of 12,900
cubic metres of compensatory storage to First Westmorland Shopping Centres Ltd. to
permit a further development to proceed on the Westmorland Road site, the transaction
was not completed as First Westmorland was unable to secure a client and, in August
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2002, First Westmorland informed the Building Inspector that it was not proceeding and
did not wish to purchase compensatory storage from the City and, this being the case,
the City has available 18,940 cubic metres of storage in its retention ponds; and also
advising that 602495 NB Inc. has made application for a building permit to construct a
new car dealership (Mitsubishi) and associated sales lot at 340 Rothesay Avenue and,
because the property is within the flood risk area and will be completely developed with
buildings and parking space, it is not possible for the applicant to provide the needed
storage on its property and it has, therefore, requested that Council authorize the sale of
1,280 cubic metres of displacement to 602495 NB Inc.
On motion of Deputy Mayor White
Seconded by Councillor Fitzgerald
RESOLVED that as recommended by
the City Manager, (1) Council rescind its resolution of April 2, 2002 regarding the sale of
compensatory storage at Westmorland Road to First Professionals, and (2) 602495 NB
Inc. be advised that Common Council will sell compensatory storage calculated at the
rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the
development, up to 1,280 cubic metres, at 347 Rothesay Avenue, and (3) the City
Manager's report in this regard be received and filed.
Question being taken, the motion was carried.
12. Amendment To Council Resolution
Sale Of Property At 340 Metcalf Street
Read a report from the City Manager advising that, further to Council's
resolution of September 16, 2002 for the sale of a portion of property at 340 Metcalf
Street, the closing date passed due to prolonged negotiations with Aliant regarding the
relocation of its infrastructure (poles and overhead lines) located on the subject parcel
and the issues have been successfully resolved in the interim, and recommending an
adjustment in the closing date of the resolution.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council amend its resolution of September 16, 2002 to sell a
1,500 m2:t portion of PID Number 414276 - 340 Metcalf Street to AD. Garland
Professional Corp. by (1) deleting "October 31,2002", and (2) inserting in its place
"November 29,2002", with all other aspects of the resolution remaining unchanged.
Question being taken, the motion was carried.
13. Transit Facility EnerQY Retrofit
Read a report from the City Manager advising of the opportunity to
facilitate actions with regard to potential saving identified through the City's Municipal
Energy Efficiency Program as a result of a review of facilities owned by the Saint John
Transit Commission.
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that as recommended by the
City Manager, Common Council authorize the Commissioner of Finance to provide funds
in the amount of $303,670, plus applicable taxes, to the Saint John Transit Commission
to facilitate its energy retrofit, and the City enter into an agreement with the Saint John
Transit Commission to repay these funds over a period not to exceed ten years, and
further that Common Council authorize the Mayor and Common Clerk to sign said
agreement.
Question being taken, the motion was carried.
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14. Traffic By-law & Parking Meter By-law Amendments
ParkinQ On CoburQ Street And Bayard Drive
Consideration was given to a report from the City Solicitor submitting for
consideration of third reading amendments to the Traffic and Parking Meter By-laws, to
which Council gave first and second readings on October 28, 2002, following a
recommendation from the Parking Commission to achieve a better turnover for Hospital
and doctor visits in the area of St. Jopeph's Hospital on Coburg Street and Bayard Drive.
On motion of Councillor Desmond
Seconded by Councillor Teed
RESOLVED that the by-law entitled, "By-law
Number M-118-15 A By-law To Provide For The Reservation Of Certain Streets Or
Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use
Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", with
regard to parking on Coburg Street and Bayard Drive, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number M-118-15 A By-law To Provide For
The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To
Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of
Mechanical Appliances Or Devices", was read in its entirety.
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-law
Number M-118-15 A By-law To Provide For The Reservation Of Certain Streets Or
Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use
Or Occupation Of The Same By Means Of Mechanical Appliances Or Devices", with
regard to parking on Coburg Street and Bayard Drive, be read a third time and enacted
and the Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number M-118-15 A By-law
To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking
Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same
By Means Of Mechanical Appliances Or Devices".
On motion of Councillor Trites
Seconded by Councillor Desmond
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 Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto",
with regard to parking on Coburg Street and Bayard Drive, be read.
Question being taken, the motion was carried.
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", was read in its entirety.
On motion of Councillor Trites
Seconded by Councillor Desmond
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 Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto",
with regard to parking on Coburg Street and Bayard Drive, be read a third time and
enacted and the Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
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Read a third 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".
15. Planning Advisory Committee - Street Widening, Assent
To Easements & Section 101 AQreement - 351 Norris Road
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that as recommended by the
Planning Advisory Committee, Common Council (1) authorize the Mayor and Common
Clerk to execute a Section 101 Agreement which will contain the following conditions of
the Planning Advisory Committee approval of a subdivision proposal at 351 Norris Road:
(a) that the applicant construct a private driveway from the end of the existing chipsealed
road, for a distance of 300 feet, which he will maintain at his own expense and accept
full responsibility for snow clearance, (b) the said 300-foot private driveway will not be
accepted by the City until it is upgraded to the country road standard of: (i) minimum 18"
of Class "B" base, (ii) minimum of 3" of Class "A", (iii) chipsealed surface, (iv) ditching
and culverts as required, and (v) a suitable turnaround area be established, and such
upgrading will be required prior to any further subdivision adjacent to this right-of-way,
and the cost of upgrading to be shared between the property owners abutting the right-
of-way; and (2) assent to a subdivision plan that would (a) vest portions of the three
residential properties along Norris Road, being identified as PID Numbers 00328864,
00329229 and 00433789, for public street purposes, the said portions of the properties
being only those portions necessary to incorporate the existing chipseal travelled street
and ditch into the public right-of-way, and (b) vest any necessary public utility easements
relating to this subdivision proposal.
Question being taken, the motion was carried.
16. Saint John Industrial Parks Ltd.
Mcilveen Drive Extension Project
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the letter from Councillor
Trites, President of Saint John Industrial Parks Ltd., advising that Saint John Industrial
Parks Ltd. awarded the tender for the construction of the extension of Mcilveen Drive to
Whitebone Way to the low tenderer, Charmac Construction Co. Ltd. for its price of
$1,416,081, and site preparation and road construction work will commence in the next
few weeks, be received and filed.
Councillor Trites advised that the engineering estimate for the above
project was $1,640,000, with the six bids received ranging from the lowest of $1 ,416,081
to the highest of $1,957,000.
Question being taken, the motion was carried.
17. Installation Of UNB President
Read a letter from Councillor Teed advising of his attendance at the
installation of Dr. John McLaughlin as President of UNB at which Dr. McLaughlin
presented the submitted "The President's Perspective - Our University: The Next Five
Years".
On motion of Councillor Teed
Seconded by Councillor Ball
RESOLVED that Council send a letter of
congratulations to President John McLaughlin on his appointment as President of UNB
and that he arranged to have the Installation Ceremony in Saint John City for the first
time in the University's history.
Question being taken, the motion was carried.
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18. Development Of Health Services In City
Read a letter from Councillor Teed referring to the Premier's special
announcement on October 29, 2002 respecting the further development of health
services in the City.
On motion of Councillor Teed
Seconded by Councillor Ball
RESOLVED that Council forward a letter of
appreciation to Premier Bernard Lord and the Minister of Health for the expansion of
health care services and the improved facilities related to the health of the citizens of
Saint John and the Province of New Brunswick.
During discussion Esmonde Barry of Friends of St. Joseph Hospital was
acknowledged for his efforts and the Mayor suggested that a copy of the above letter
should be forwarded to the MLAs of the Saint John Caucus who also played a role in this
issue.
Question being taken, the motion was carried.
19. Concept Of TwinninQ With City In France
Consideration was given to a letter from Councillor Teed regarding the
400th anniversary in 2004 of the founding of Acadia in 1604 by Sieur de Monts and the
naming of the Saint John River on June 24, 1604 by de Monts accompanied by Samuel
de Champlain.
Councillor Teed proposed a motion, which was not seconded, that the
City approve the concept of seeking to be twinned with a city in France which was
closely associated with Sieur de Monts and refer this matter to the 400th Anniversary
Committee for a recommendation as to what municipality would be the most appropriate
with which to seek twinning.
20{a-d) Letters In Support Of Human Development Council
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letters in support of
the Human Development Council from the Faculty of Arts - UNBSJ, Rhiannon Eves,
Jennifer Nicholson, and the Urban Core Support Network, be referred to the budget
process.
Question being taken, the motion was carried.
21. P.R.O. Kids, Saint John Community Connections And
Transportation Committee - Support Of Public Transportation
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that the letter from P.R.O.
Kids, Saint John Community Connections and the Transportation Committee in support
of the public transportation service in Saint John, urging Council to make public
transportation a priority and provide Saint John Transit the necessary funding to
maintain and enhance transportation service to the community, be referred to the budget
process.
Question being taken, the motion was carried.
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22. Jon MacQueen - Recovery Of Money Paid
For Drain FlushinQ - 154-156 KinQ Street East
On motion of Deputy Mayor White
Seconded by Councillor Court
RESOLVED that the letter from Jon
MacQueen referring to his previous letter to Council requesting to be reimbursed $1,806
which he paid for the flushing of a plugged sewage lateral at 154-156 King Street East in
2000 on the basis that, as indicated in the submitted letter from Campbell's Plumbing &
Heating, the lateral was plugged twenty-some feet from the house under the street and
the offending tree was located on City property at the corner of Carmarthen Street and
King Street East, be referred to the City Manager for a report to Council.
Question being taken, the motion was carried.
23. Town Of Rothesay - Development Of Fundy ReQional Council
On motion of Councillor Desmond
Seconded by Councillor Fitzgerald
RESOLVED that the letter from Mayor
William J. Bishop of the Town of Rothesay advising that, further to Common Council's
resolution of September 3, 2002 on the creation of a Fundy regional council, Rothesay is
certainly willing to meet and discuss issues of mutual interest and, if need be, on a
regularly scheduled basis; however, it does not foresee that another level of governance
would advance attainment of each municipality's goals and objectives; and also advising
that he would not be averse to expansion of the mandate of the Mayors' Regional Task
Force that could take into consideration various regional issues, be referred to the
Regional Mayors' Task Force.
Question being taken, the motion was carried.
24. Prince Charles School Playground Committee
Request For FundinQ For PlaYQround
On motion of Deputy Mayor White
Seconded by Councillor Trites
RESOLVED that the letter from Donald
Britten, Principal of Prince Charles School, requesting Land for Public Purposes funding
for a playground for the School, be referred to the City Manager for discussion with Mr.
Britten on the development of a budget for the project that is necessary for Council's
review in considering the request.
Question being taken, the motion was carried.
The Mayor, noting the time of approximately 6:15 o'clock p.m., declared a
recess of the meeting until 7:00 o'clock p.m. this date at which time the public hearing
would be held with respect to proposed Municipal Plan and Zoning By-law amendments
for 11 King William Road.
The Common Council meeting reconvened at 7:00 o'clock p.m.
4(a) Municipal Plan, (b) Zoning By-law
Amendments - 11 KinQ William Road
The Common Clerk advised that the necessary advertising was
completed with regard to (a) a proposed Municipal Plan amendment to redesignate on
Schedule 2-A, the Future Land Use Plan, a parcel of land at 11 King William Road (PID
Number 55159719 - formerly Numbers 286641,55031298 and 55158794), having an
area of approximately 20 hectares (50 acres) and located on the east side of King
William Road immediately north of Highway No.1, from Low Density Residential to Light
Industrial classification, and (b) a proposed Zoning By-law text amendment to add
Special Zone #11 - "SZ#11", its uses and standards, and the proposed re-zoning of the
same parcel of land at 11 King William Road from "RS-2" One and Two Family
Suburban Residential to "SZ#11" Special Zone #11, to permit the development of a truck
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and freight transfer terminal, with repair and maintenance facilities, as well as a limited
range of other uses currently permitted in the "BP" Business Park and "1-1" Light
Industrial zones, as requested by General Freight Carriers Inc., and 4{d) the submitted
letters in opposition and 4{e) the submitted letters in support were received in this
regard.
4{c)
Consideration was also given to a report from the Planning Advisory
Committee submitting a copy of Planning staff's report and letters of objection, concern
and support considered by the Committee at its October 29, 2002 meeting; advising the
people who addressed the Committee in support and in opposition to the proposal, after
which the Committee decided to recommend approval of the proposal subject to the
suggested conditions set out in Planning staff's report which explains that, subsequent to
making the application, the applicant has consolidated the three parcels that comprise
the site into one parcel and the plan of consolidation indicates that the total area of the
site is actually only 15.96 hectares or approximately 40 acres; and recommending that
Common Council (1) redesignate on Schedule 2-A of the Municipal Development Plan,
from Low Density Residential to Light Industrial classification, a parcel of land with an
area of approximately 15.96 hectares (40 acres), located on the east side of King
William Road, immediately north of Highway No.1, having civic address 11 King William
Road, also identified as being PID Number 55159719 (formerly PID Numbers 286641,
55031298 and 55158794); (2) amend the City of Saint John Zoning By-law by (a) adding
the following to the list of zones in Section 30(1): special zones "SZ#11"; (b) adding the
following as Section 740(11): (11) Special Zone #11 (a) Uses - any land, building or
structure may be used for the purposes of, and for no other purpose than, (i) the
following uses: automobile and parts salesroom; banks and similar institutions; business
office; motel or hotel, post office or postal station; retail store, restaurant, tire shop; truck
or car wash; truck and trailer terminal operations, including repair and maintenance
facilities; warehousing customarily served by vehicles of 8 metres or less in length,
excluding a "self-storage" warehouse facility; (ii) the following uses subject to such terms
and conditions as may be imposed by the Committee: car sales lot; service station;
gasoline bar; freight or truck yard terminal; warehouse (general) customarily served by
motor vehicles in excess of 8 metres in length; (iii) subject to Section 830, an accessory
building, structure or use, incidental to a use, building or structure permitted in this zone;
(b) Zone Standards - standards for development in Special Zone #11 shall be as set out
in Section 611 (3) and Section 810 to 910 where this zone shall be considered a "BP"
zone, an "I" zone, or an industrial zone, as the case may be; (3) re-zone the same parcel
of land at 11 King William Road, as described above, from "RS-2" One and Two Family
Suburban Residential to "SZ#11" Special Zone #11, subject to a resolution pursuant to
Section 39 of the Community Planning Act, setting out the following conditions: (a) the
use of the site is restricted to the applicant's proposal to develop a truck and freight
transfer terminal, with repair and maintenance facilities; (b) except for the driveway from
King William Road, the area of the site which may be utilized for the truck and freight
transfer terminal is restricted to a maximum of 25 percent of the site area (approximately
1 0 acres) in the southeast corner of the site; (c) a minimum 30-metre (100-foot) wide
undisturbed treed buffer shall be maintained along the entire northerly and easterly
boundaries of the re-zoned area; (d) the truck marshalling yard must be screened from
Highway 1 by a minimum 15-metre (50-foot) wide undisturbed treed buffer; (e) access to
the site from King William Road must be in a location approved by the N.B. Department
of Transportation; (f) any fuel storage facilities and vehicle washing facilities must be
developed in compliance with all requirements of the N.B. Department of Environment
and Local Government; (g) the developer must pave all driveways and parking areas
with asphalt, and enclose them with cast-in-place concrete curbs where deemed
necessary by the Development Officer to protect landscaped areas and facilitate proper
drainage; (h) all loading and truck marshalling areas must be surfaced with asphalt or
such other all-weather dust-free surface (such as crushed stone) that is of sufficient
strength to carry imposed loads; (i) all disturbed areas of the site not occupied by
buildings, driveways, walkways, parking areas, loading areas or truck marshalling areas
must be landscaped by the developer; U) outdoor lighting must be arranged in such a
fashion as to direct rays of light directly down towards the ground and not in the direction
of the residential neighbourhood lying to the north of the former railway line; (k)
adequate site drainage facilities must be provided by the developer in accordance with a
detailed drainage plan, prepared by the developer and subject to the approval of the
Chief City Engineer or his designate; (I) the site shall not be developed except in
accordance with a detailed site plan, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of buildings, parking areas,
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driveways, loading areas, free-standing signs, exterior lighting, landscaped areas and
other site features; (m) the approved drainage plan and site plan mentioned above must
be attached to the application for building permit for the development; (n) all site
improvements shown on the approved drainage plan and site plan must be completed
within one year of building permit approval; and (0) any additional uses of the site shall
be permitted only if approved by Common Council as a statutory amendment to this
resolution; and (4) in conjunction with the Province of New Brunswick, take the
necessary steps to remove the "truck route" designation of Ocean Westway, from King
William Road to Highway 7.
Carolyn Bennett of 2222 Ocean Westway, appearing in opposition to the
proposed amendments, read a letter (copies of which were distributed to the Council
members at this meeting) outlining her concerns about the proposal with respect to (1)
air quality, (2) blasting, (3) wildlife, (4) the water system, (5) oil, gas and diesel spillage,
(6) traffic, (7) hours of operation, (8) reduction of property value, (9) future plans for 11
King William Road, and (10) lighting; and requested Council to consider the damages
and havoc that General Freight Carrier's terminal would have on her community in
ruining the quality of life and endangering its families.
Susan Roy of 39 Birchwood Place spoke in opposition to the proposal
which would turn land in the area currently zoned residential to industrial, having moved
to the Spruce Lake area which she described as a community with open spaces for
children to run and play, a school close by, air not polluted by industry and quiet and
peaceful in which nature abounds with wildlife, and expressed the view that the
consequence of the change to the Municipal Plan and re-zoning would effectively be that
people in the community would be living in the Spruce Lake Industrial Park expansion
and no further development of residential housing would come that way and from here
on any vacant land would be up for grabs by industrial or commercial operations. Ms.
Roy expressed concern about the various uses of the subject area with the
establishment of a business park and the uncertainty with which the residents there
would be living until the applicant had utilized all of the land, and the effect on the quality
of life of the proposal; a presented slide of the area to illustrate the residential nature of
the area; and expressed concern about the health risk from industrial pollution from truck
fumes, as well as about noise and dust.
Doug Young of 56 Birchwood Place expressed his opposition on the
basis that the proposed amendments would (1) have a detrimental effect on his property
value, (2) take away a beautiful forest from many species of wild animals and birds, (3)
make a quiet residential area into a noisy industrial area, and (4) mean noisy trucks
rumbling all night; and asked that this quiet residential area be left as is.
Margaret Ouellette of 2257 Ocean Westway, speaking in opposition to the
proposed amendments, presented slides of her property, and spoke to her desire to live
her retirement years in a noise-free, pollution-free environment, as well as her view that
the evergreen buffer did not only act as a filter for both noise and air pollution but also
helped to dissipate some of the fog. Ms. Ouellette advised her concern about the hours
of operation of the proposed service depot, property assessments, noise from the
gearing down of trucks, the smell of diesel oil, and also that, as the depot would be
located directly in front of her house, she would be able to see the lights and top of the
building on the subject property; and asked Council to send the industry to the Industrial
Park or choose land not near a residential area.
Pat Dashwood of 30 Colpitts Avenue, in expressing her opposition, asked
Council not to re-zone the residential area to industrial as the residents did not want a
business park nor an extension of the Spruce Lake Industrial Park in their area; and
advised that Highway 1 did not create a problem as homes were far away from the
Highway itself, divided by a heavy-wooded area and rock cliffs, unlike the subject parcel
of land behind Birchwood Place and Ocean Westway at 11 King William Road which, as
indicated in the Planning report, has a distance of 600 feet from residential homes and a
height variance of 25 feet. Ms. Dashwood noted the list of potential uses for the balance
of the subject site if it were re-zoned; commented on the impact the truck traffic would
have on the residential area; and expressed the view that transport trucks and tractor
trailers should not be allowed to reside in residents' backyards.
David O'Toole of 51 Birchwood Place appeared in opposition to the
proposal, presenting a video of trucking companies in the Spruce Lake Industrial Park
which, he advised, was made to show that like businesses belong in industrial parks,
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and expressed the view that the noise and obnoxious fumes that were part of the
transportation companies should not be allowed in and around a residential area due to
health concerns, and residents should come before business concerns.
Barbara Johnson of 57 Bichwood Place advised her opposition to the
proposal on the basis that the land could be used more wisely and she did not want the
trucking company in her residential neighbourhood nor the instability of what was to
come as the re-zoning of the subject property would open the right-of-way for industry in
the eastern section; noted the location of her property directly behind the rail bed and the
proposed facility directly in her backyard; and expressed the view that more affordable
housing was needed in the area. Ms. Johnson referenced sections in Planning staff's
report with regard to the applicant's proposal to change the boundary between the
industrial and residential designations in the area back to the pre-1998 location at the
former railway line, as well as treed buffers; asked that traffic be taken into
consideration; and advised of a petition of 257 names of people in the neighbourhood
who were against the proposal.
Glen Smith of 2261 Ocean Westway appeared in opposition to the
proposal, suggesting a possible land swap involving the subject property and property in
the Spruce Lake Industrial Park and advising that his family had grown accustomed to
living in the area and would like to be able to stay there and he did not want the
proposed operation in his backyard.
Nora Sullivan-O'Toole of 51 Birchwood Place, addressing Council in
opposition to the proposed amendments as a representative of the petitioners on Ocean
Westway / Birchwood Place / Colpitts Avenue, presented slides including an aerial view
of the area, and spoke to the possibility of the residential area being subject to a total
change in character and quality of life, citing City policies with respect to commercial and
industrial, as well as residential, development in the City and relating them to the
applicant's proposal. Ms. Sullivan-O'Toole also spoke to concerns about the effect on
the environment and quality of life of the residents should the proposal proceed with the
lack of a long-term plan for the subject site, the possibility that the re-zoning could lead
to further industrialized and commercialized property re-zoning, the right of residents to
enjoy their properties, industrial pollution, noise pollution, increased traffic, and the effect
on residential and real estate values.
Richard Turner of Hughes Surveys & Consultants Ltd., appearing in
support of the proposal and noting the presence at the meeting of Owner / Manager of
General Freight Carriers Inc. Larry Cox and his business partner Mr. Dykeman,
commented on the recommendations put forth by Planning staff to the Planning Advisory
Committee and with which his client was in agreement, indicating how the staff report
and the proposed Section 39 conditions had been thorough in addressing the residents'
concerns and his client had shown considerable flexibility in regard to the layout of the
proposed operation, the most significant adjustment being to restrict the present
proposal to the southeast corner of the site, which would mean that the operation would
not be immediately behind the residential homes. Mr. Turner advised Mr. Cox's intent to
make a presentation to Council on the operation carried out by General Freight Carriers
Inc., why the location of the Spruce Lake interchange was the right location for the
operation and how difficult it has been to locate a site for it, after which he would
conclude the presentation on behalf of his client.
(Councillors Ball and Fitzgerald withdrew from the meeting.)
On motion of Councillor Trites
Seconded by Councillor Chase
RESOLVED that the Council take a five-
minute recess at this time.
Question being taken, the motion was carried.
The Council meeting when there were present Mayor McAlary, Deputy
Mayor White and Councillors Ball, Chase, Court, Fitzgerald, Fitzpatrick, Teed and Trites,
and asked Mr. Turner to continue with his presentation, and spoke to the importance of
the Council members remaining in the Council Chamber for the entire public hearing so
as to be eligible to vote.
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(Councillor Desmond re-entered the meeting.)
Mr. Turner, continuing with his presentation in support of the proposal,
referenced the pre-1998 industrial re-zoning of the subject property as well as the
indication in the Planning staff report that the subject site, directly adjacent to Highway
1/King William Road interchange was ideally located for non-residential uses due to its
access to the major highway system and, for the same reason, less desirable for
residential development, and also referenced comments put forth by the N.B.
Department of Natural Resources and Energy, the N.B. Department of Environment and
Local Government and the N.B. Department of Transportation as set out in the Planning
staff report. Mr. Turner reviewed a series of sketches (copies of which were distributed
to the Council members at this meeting) to point out the proposed site and proposed
buffer strip, the proximity of the area to be developed relative to the property owners'
overall holdings and Birchwood Place, and photos showing a view of the northern
portion of the buffer strip depicting the foliage adjacent to the trail, and a view of the
treed area taken from a street in Birchwood Place; noted that the proposed facility would
be in excess of 500 feet from any of the residential area concerned; and circulated a
copy of an impact study report prepared for the applicant by a local appraising company
for Council members' perusal of the summary which indicates that, as far as values on
properties and with the buffering provided, there should be no impact on the value -
either positive or negative. Mr. Turner referenced the report prepared by Frank R.
Wilson addressing noise and safety issues associated with development on the subject
property, which was submitted with the Planning Advisory Committee's report;
commented on the difference between the General Freight Carriers Inc. operation and
that of a freight terminal such as the Day and Ross operation on Fairville Boulevard, and
advised that General Freight Carriers Inc. did not do inter-City transport, although it did
travel on some residential streets at present to get to the highway system.
Larry Cox, operator of General Freight Carriers Inc., speaking in support
of his application, apprised Council of the nature of General Freight Carriers Inc.'s
operation as a full-load carrier, and the reason to relocate from 303 Golden Grove Road
in that it had outgrown its present facility - both building and yard space, and advised
that, after an extensive search for a suitable location adjacent to the highway, naturally
eliminating travelling on City streets and in residential areas and school zones, the
subject site was considered a logical location in that, apart from the fact that it was the
only vacant land available from the east to the west boundary of the City that was
located on a four-way interchange which was crucial to his business, it was just off the
interchange with no houses between where the property would be entered or exited to
get to the interchange and basically meaning that they would travel on no other streets
and would not have to pass any houses. Mr. Cox also advised that the normal work
hours at the facility were from 8:00 a.m. to 6:00 p.m. and the service facility operated on
part of Saturday, with 99 percent of its business being direct shipment from the customer
to the consignee, not coming from the facility's yard, other than if destined for service
through the week; and expressed the opinion that, with all the changes made to the
proposal and the proposed location of the facility close to the highway in the southeast
corner, there would be minimal impact on the neighbours.
Mr. Cox, in response to questions, advised that the number of people who
would work on the site would be probably in the area of a dozen to fifteen and that he
had no plans for the remainder of the site at this time and, with respect to what his plans
would be if the proposed re-zoning were not approved, advised that he would more than
likely have to go somewhere beyond the City of Saint John. As to whether or not he
would consider an option to re-zone only 15 of the 40-acre site so as to accommodate its
expansion and future expansion, Mr. Cox indicated that he was probably in a situation
where he would have to look at anything that was offered, within reason, although it
would take more than a few minutes for him to rationalize whether or not that was a
sensible thing for him to do.
Mike Hunter of 629 Tippett Drive, President of the Saint John West
Business Association, appeared in support of the proposed re-zoning of 11 King William
Road and, in noting the presence at the meeting of a number of Association members,
noted (1) the increase in the City's tax base with the expanded facility and larger lot of
land, (2) the indication that it would be difficult to use the subject property as a
residential area, (3) the location of General Freight Carriers Inc.'s major customers
throughout the Provinces of New Brunswick and Nova Scotia and that it trucks to parts
outside of the local area, and (4) General Freight Carriers Inc.'s choice to relocate to the
subject area from its previous location, there being nothing to force it to do so; and
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advised that he saw the change in Ocean Westway to a non-truck route as a positive
thing that could come out of this, and also that Council's re-zoning of the subject site
would go a long way in showing support for other such business ventures within the City
and possibly within the confines of Saint John West.
Charles Crawford of 360 Maple Row, Past President of the Saint John
West Business Association and the owner/operator of a West Side business, advised his
support of the proposal, giving examples of property uses in the subject area along with
the truck traffic there which could cause residents concern about another business
operation in the area; his view being that a commitment by the City to fix the already-
existing problems on Ocean Westway and prove the fact that traffic could be reduced to
residential-style traffic would alleviate the landowners' concerns about the request for re-
zoning.
Hodges Hamm of 199 Horsier Drive, a member of the West Saint John
Business Association and a City realtor appearing in support of the application, spoke to
the situation of the applicant, if the application were denied, trying to dispose of the
subject property for which the best use was earmarked as commercial, even though it
was zoned for residential purposes, because of its easy access to the highway and the
property, as it would need blasting for foundations, would not be appealing to a
residential developer.
Paul Kierstead of Sutton Road, a West Saint John business owner, stated
his support of the proposal as a member of the West Saint John Business Association,
on the basis that Saint John West was a transport hub for commodity, noting transport
companies and primary manufacturers who operate out of West Saint John and
expressing the view that it was a fact of life that West Saint John was in the trucking
business.
Paul Withers of Earle Avenue, appearing in support of the application,
advised that his concern was that the applicant would not get his proposal approved as
he could not imagine the next property owner being as generous as General Freight
Carriers and, if the property were to go to a developer for residential use, it would be
divided into as many lots as possible with no plans for nature trails and buffer zones and
to maximize profits all space would be allocated and existing trees would probably be
eliminated.
The Mayor noted that the public hearing was completed and that Council,
if it wished to move forward, could give first and second readings to the Municipal Plan
and Zoning By-law amendments; however, because of the Land Titles issue and
changes made by Service New Brunswick, Council could no longer pass Section 39
conditions by resolution and that part would have to be referred to the City Solicitor to
come back before third reading with an agreement for the applicant and the City to sign.
On motion of Councillor Trites
Seconded by Councillor Desmond
RESOLVED that the application of
General Freight Carriers Inc. for a Municipal Plan and Zoning By-law amendments with
regard to 11 King William Road be referred to the City Manager and the City Solicitor as
to whether or not the land requested to be re-zoned can be re-zoned in a smaller
portion.
The initial motion was for referral to the City Solicitor, and the mover and
seconder agreed to include the City Manager in the referral motion, there having been a
request by Councillor Fitzpatrick to address how to divide the property if a smaller
portion could be re-zoned, and it was suggested that, if a smaller portion of the property
could be re-zoned, the City Manager could initiate some discussion with the applicant.
As to when an answer would be forthcoming and the appropriateness of Councillors
canvassing residents and business owners as to their desire of such a proposal, Mr.
Nugent advised that, as it would be very unlikely that he would a report next week, it
would be the week following; and suggested that, at this point, members of Council
should refrain from pursuing the merits of the application as the public hearing has been
held and, apart from the responses Council would be receiving from the City Manager
and him, Council members should be basing their decision upon what they heard up
until the conclusion of the public hearing and not be introducing information received
subsequent to that as that would be inappropriate, and obviously contrary to the intent of
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the whole process which is that anybody who wishes to speak for or against the
proposal can appear at this forum at a predetermined time to do so and Council
members can ask questions and, when that was over and done with, make a decision on
information that everybody has shared.
Question being taken, the referral motion was carried with Councillor
Fitzgerald voting "nay".
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk