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1993-06-07_Minutes 84-147 COMMON COUNCIL JUNE 7,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of June, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Brownell, Director of Recreation; M. Jamer, Director of Works; D. Logan, Purchasing Agent;; B. Steeves, Deputy Building Inspector; J. Baird, Manager - Development Division; B. Malone, Planner; P. Hanlon, Operations Engineer; L. Graham, Data Processing; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Michael Trites of Edith Avenue United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meetings of Common Council, held on Tuesday, May 25 and Wednesday, May 26, 1993, be approved. Question being taken, the motion was carried. The Mayor called for a motion to withdraw from the agenda of this meeting the City Manager's report on the City of Saint John brief to the Representation and Electoral Boundaries Commission, and section 4 of the May 25 Committee of the Whole report to Council respecting the former Lipton property at 43-49 Mill Street; and to add to the agenda of this meeting a report from the City Manager (copies of which were distributed to Council members in Committee of the Whole earlier this date) regarding security for the rehabilitation of the gravel pit at 491 Bayside Drive. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the City Manager's report on the City of Saint John brief to the Representation and Electoral Boundaries Commission, and section 4 of the May 25 Committee of the Whole report respecting the former Lipton property at 43-49 Mill Street, be withdrawn from the agenda of this meeting: AND FURTHER that the City Manager's report regarding security for the rehabilitation of the gravel pit at 491 Bayside Drive be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber Mr. Gerry Hudson, Coordinator of the 1 st New Brunswick Senior Friendship Games, who introduced Mrs. Muriel Chittick, Co-Chairman of the Board of Directors for the Province of New Brunswick; Mr. Ritchie Macintosh, Provincial Treasurer; and Mr. Reg Wanamaker, who is in charge of the Games and Game sites; and, in expressing appreciation to the City of 84-148 COMMON COUNCIL JUNE 7,1993 Saint John as the Host City of the Games, commented on the number of participants expected to participate in the Games on June 16 and 17. Mrs. Chittick expressed appreciation to the City and the Recreation Department for the support given the Games, and the Mayor presented the delegation with a cheque in the amount of $12,500, being the remaining portion of the original $20,000 committed by the City to the Games. (Councillors Rogers and Trites entered the meeting during the above presentation. ) The Mayor noted that the City's Environment Committee has again carried out a poster and essay contest in School District 8 as part of Environment Week which commences on this date across Canada, the poster contest being for students of Kindergarten and Grades 1, 2 and 3 to draw a picture to show ways to Reduce, Recycle and Re-Use - an action which helps preserve the environment, and the essay contest being for students of Grades 4, 5 and 6 to write about ways to Reduce, Recycle and Re- Use, with the winners to be given monetary prizes. The Mayor congratulated those involved in the contest, and welcomed to the Council Chamber the contest winners, as well as Mr. Greg Adams, Tree Improvement Supervisor for the Irving Sussex Tree Planting Nursery, who, she advised would be presenting to each of the winners a black spruce seedling produced at the Irving Tree Nursery in Sussex. The Mayor, along with Provincial Environment Minister The Honourable Jane Barry, Mr. MacKinnon and Mr. Adams recognized the following children:- KinderQarten: 1st place winner Amanda Daamen of Glen Falls School, 2nd place winner Michael Sheehan of Crescent Valley School, and 3rd place winner Tashia Phillips (absent) of Lakewood School; the following students of St. Rose Kindergarten Class, taught by Rachel Malone, Amanda Beckwith, John Brideau, Christopher Butler, Jed Cabilete, Natalie Chevarie (absent), Matthew Craft (absent), Shawn Craft, Jill Cullen, Joshua Gaudet (absent), Kyle Israel, Bronwyn Kierstead, Benjamin Lawrence, Breanne McSorley, Erin Melanson, Christina Quondom, Kathleen Ryan, Justin Sullivan, Angelica Thibodeau, Larry Vautour and Rachel Wheaton; Grade 1: 1st place winner Kelcy Merzetti of Loch Lomond School, 2nd place winner Danika Smit of Island View School and 3rd place winner Andrew Burgess of Island View School; Grade 2: 1st place winner Tonja Schata of Havelock School, 2nd place winner Sarah Jones of St. Martins School, and 3rd place winner Matto Mildenberger of St. Martins School; Grade 3: 1st place winner Frances Whittle of Island View School, 2nd place winner Gillian Brookins of St. Patrick's School, and 3rd place winner Candace Hall of Grand Bay Elementary School; Grade 4: 1st place winner Karyn Coates of Woodlawn School, 2nd place winner Angela Negus of Havelock School, and 3rd place winner Laura Ritchie of Millidgeville North School; Grade 5: 1st place winner Tiffany Thornton of Loch Lomond School, 2nd place winner Jared Peters of St. Patrick's School, and 3rd place winner Danny Wilband of Loch Lomond School; and Grade 6: 1st place winner Robbie Thomas of St. Patrick's School, 2nd place winner Vanessa Furlong of St. Patrick's School, and 3rd place winner Jillian Nelson of M. Gerald Teed School. Provincial Environment Minister The Honourable Jane Barry, in presenting a cheque to the City for $200,000 representing part of the Province's share of ongoing funding for the closure of the Spruce Lake landfill, noted the importance in waste reduction of greater participation in composting activities, tire shredding and the beverage containers program, and recognized the contribution of the members of Fundy SWAT in their solid waste management efforts. Ms. Brenda Farren addressed Council concerning the joint efforts of Loyalist City Festival and the Victorian Order of Nurses to host the First Annual Von Loyalist Ball to be held on June 12, and noted the Loyalist City Festival to be held July 18 to 24; and Mr. Cliff Warner, Chairman of the VON, commented in this regard. Deputy Mayor McAlary presented the Mayor with the National Access Awareness New Brunswick Award from the Premier's Council on the Status of Disabled Persons recognizing the City of Saint John for its efforts to improve access and participation by citizens with disabilities to municipal services and programs; and commended Susan Fitzpatrick of the City's Recreation Department and Gail MacLean of the Saint John Ability Advisory Committee for their efforts in promoting National Access Awareness Week of May 30 to June 5 in Saint John. Deputy Mayor McAlary presented the Mayor with a T-shirt promoting the fund-raising event Play Ball For St. Joseph's Hospital to be held on June 19. 84-149 COMMON COUNCIL JUNE 7,1993 On motion of Councillor Landers Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to Erminie Cohen of the City of Saint John on her appointment to the Canadian Senate. Question being taken, the motion was carried. The Mayor advised that the Common Council minutes of May 26, 1993 inadvertently refer to Councillor Trites as the Cities of New Brunswick Association's representative on the Maritime Municipal Training and Development Board, and that the minutes will be corrected to indicate that Councillor Trites is a representative of the New Brunswick elected officials on the Board. 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 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from Mixed Use (Residential and Commercial) to Institutional classification; and (b) the proposed re-zoning of the same parcel of land from "BR" Business Residential to "IL-1" Neighbourhood Institutional classification, to permit the existing church and parsonage to continue, as requested by Shekhinah Temple Inc., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's June 1 meeting at which the applicant expressed agreement with the staff recommendation and no one appeared in opposition; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Mixed Use (Residential and Commercial) to Institutional classification, the property at 13-15 Main Street (NBGIC Number 374694); and (2) the same property be re-zoned from "BR" Business Residential to "IL-1" Neighbourhoood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a church and parsonage, and that now written objections were received in this regard. Pastor Stephen E. Gough of the Shekhinah Temple appeared on behalf of the applicant to address any concerns Council might have with respect to the above application. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from Mixed Use (Residential and Commercial) to Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the by-law entitled "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from Mixed Use (Residential and Commercial) to Institutional classification, be read a second time. Question being taken, the motion was carried. 84-150 COMMON COUNCIL JUNE 7,1993 Read a second time the by-law entitled, "A Law To Amend the Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from "BR" Business Residential to "IL-1" Neighbourhood Institutional 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. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb 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 the property at 13-15 Main Street (NBGIC Number 374694), located on the north side of Main Street approximately 25 feet from Bridge Street, from "BR" Business Residential to "IL-1" Neighbourhood Institutional 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 Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to (1) renumber Section 630(2)(c) as Section 630(2)(c)(I), and (2) add a new Section 630(2)(c)(ii) to read: "notwithstanding (I) or (d) a beverage room, club or lounge may be located at 532 Rothesay Avenue (NBGIC #303610).", to permit the Greco Pizza and Donair Restaurant to be licensed as a lounge under the Liquor Control Act, as requested by Trondel Holdings Ltd. (Greco Pizza & Donair), and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 1 meeting at which the applicant was present; and recommending that Common Council amend the City of Saint John Zoning By-Law by: (1) renumbering Section 630(2)(c) as Section 630(2)(c)(1); and (2) adding a new Section 630(2)(c)(ii) to read: "notwithstanding (I) or (d) a beverage room, club or lounge may be located at 532 Rothesay Avenue (NBGIC #303610).". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) renumbering Section 630(2)(c) as Section 630(2)(c)(I); and (2) adding a new Section 630(2)(c)(ii) to read: "notwithstanding 84-151 COMMON COUNCIL JUNE 7,1993 (I) or (d) a beverage room, club or lounge may be located at 532 Rothesay Avenue (NBGIC #303610).", be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (1) renumbering Section 630(2)(c) as Section 630(2)(c)(I); and (2) adding a new Section 630(2)(c)(ii) to read: "notwithstanding (I) or (d) a beverage room, club or lounge may be located at 532 Rothesay Avenue (NBGIC #303610).", 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 Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the proposal adopted on July 3, 1973 as part of the North End Renewal Scheme, as amended on September 25, 1978, for a parcel of land at 141 Chesley Drive (NBGIC Number 55006043), to permit the development of a professional and general office building having a maximum height of three storeys and a maximum gross floor area of 30,000 square feet (the existing approved policy for the subject site permits a maximum 20,000 square foot, one-storey building for office uses and service industries), as requested by Fundy Cable Ltd., and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that the applicant's architect attended the Committee's June 1 meeting and expressed agreement with the recommendation in the Planning Department's report, a copy of which is submitted, and that Colin Whitcomb, representing Uptown Saint John Inc., indicated that his organization does not necessarily oppose the development but feels that a market survey should be required before an increase in office space is permitted, such issue addressed in the submitted report; and recommending that Common Council amend the existing approved conditions for the parcel of land having civic number 141 Chesley Drive (NBGIC Number 55006043) to read as follows:- (a) development of the site shall be limited to the proposed office building with a maximum gross floor area of approximately 30,000 square feet and a maximum height of three storeys, developed in a manner which is generally in accordance with the applicant's proposal; (b) paved parking facilities shall be provided at a minimum standard of one space per 57 square metres (600 square feet) of gross floor area and shall be enclosed with poured-in-place curbs and adequately drained; (c) a maximum of one driveway entrance to the property shall be permitted; (d) signage shall be limited to facia signage and a maximum of one freestanding sign, all in accordance with drawings prepared by the applicant and approved by the Development Officer indicating dimensions and location of all signs; (e) all areas not occupied by buildings, parking areas, driveway and sidewalks shall be landscaped in accordance with a site plan prepared by the applicant and approved by the Development Officer; and (f) no building permit shall be issued (except on site preparation) until a site plan is approved by the Development Officer, and all site work shown on the plan shall be completed within one year of approval of the building permit for the development. 84-152 COMMON COUNCIL JUNE 7,1993 Mr. Colin Whitcomb, General Manager of Uptown Saint John Inc., appeared before Council and clarified that his presence was not to object to Fundy Cable's proposed development for the lands on Chesley Drive but rather to request that the developer of the project submit to the conditions to the Municipal Development Plan and complete an analysis demonstrating that the proposed project will not, if developed, result in a decline in the economic viability, vigour and vitality of the Central Business District, and to answer questions related to the amount of vacant office space which currently exists in Saint John, the absorption rate of that office space, the new opportunities that will create office demand in the community and other developments that have already been approved that will also come into the market in the coming years and thus affect supply and demand. Mr. Whitcomb expressed concern about the effect the proposed 30,000 square foot office commercial complex might have in that existing property owners in the community are fighting to compete and businesses are downsizing, and there is currently, in the Uptown alone, over 180,000 square feet of vacant commercial office space; and took exception to the indication in the submitted Planning Department report that prospective tenants to the proposed development would not locate in the Uptown and would want 3,000 to 5,000 square feet of continuous floor space at reasonable lease rates which cannot be found in the Uptown, on the basis of the vacant Calp's building on King's Square North and the Central Guaranty Trust building on Union Street, each which has space which has come on the market recently or is soon to become available and each which could provide the floor space required to satisfy these prospective tenants, and at the reasonable lease rates noted in the submitted report. Mr. Whitcomb suggested that, rather than resulting in new economic growth in Saint John, the new development would result in a reshuffling of the current debt of office tenancies and perhaps even more vacancies in the Uptown; expressed concern that the Fundy Cable proposal will, if developed, and particularly if developed with the previously-approved Thorcor and Brunswick Data proposals, create on Chesley Drive a commercial node of City-wide or even regional significance, that is a commercial node with over 100,000 square feet of available commercial space; and asked Council to recognize the policies of the Municipal Development Plan and request that the applicant take the initiative, as Uptown Saint John Inc. is doing, and complete an analysis of the market impact of its project before proceeding further. During discussion Mr. Whitcomb explained that Uptown Saint John Inc. is concerned with the direction in which the community is growing in that, if development on the periphery continues to be encouraged, it could have harmful effects on the Uptown and, as a community, it is necessary to evaluate if this is the direction in which the community should grow and, ultimately, if more and more such proposals are approved, a vacant Uptown, with no life and vibrancy could result; therefore, while the situation is a long way from that, he would hope that development which could lead to that would not be encouraged; and the Mayor noted the indication in the submitted Planning report that, for a development of the proposed size, the developer does not require to have a study done. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the existing approved conditions for the parcel of land having civic number 141 Chesley Drive (NBGIC Number 55006043) to read as follows:- (a) development of the site shall be limited to the proposed office building with a maximum gross floor area of approximately 30,000 square feet and a maximum height of three storeys, developed in a manner which is generally in accordance with the applicant's proposal; (b) paved parking facilities shall be provided at a minimum standard of one space per 57 square metres (600 square feet) of gross floor area and shall be closed with poured-in-place curbs and adequately drained; (c) a maximum of one driveway entrance to the property shall be permitted; (d) signage shall be limited to facia signage and a maximum of one freestanding sign, all in accordance with drawings prepared by the applicant and approved by the Development Officer indicating dimensions and location of all signs; (e) all areas not occupied by buildings, parking areas, driveway and sidewalks shall be landscaped in accordance with a site plan prepared by the applicant and approved by the Development Officer; and (f) no building permit shall be issued (except on site preparation) until a site plan is approved by the Development Officer, and all site work shown on the plan shall be completed within one year of approval of the building permit for the development. Question being taken, the motion was carried. 84-153 COMMON COUNCIL JUNE 7,1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of approximately 36 hectares (88 acres) located adjacent to Midwood Avenue and Bayside Drive and having NBGIC Numbers 346445 and 348474 (part), from Low Density Residential to Heavy Industrial classification, to permit the property to be used as a process water treatment plant by Irving Paper Limited, as requested by Irving Paper Limited, and that a letter of objection has been received in this regard from David Griffin. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 1 meeting at which the applicant made a presentation in support of the proposal and responded to specific questions from the Committee, and presentations were also made by five individuals who had a variety of concerns and questions about the proposal; advising that the Committee considers the proposed process water treatment plan to be similar, or compatible with, the uses permitted in the Heavy Industrial zone, and imposed conditions, which respond to some of the concerns expressed, and listing, for Council's information, the conditions imposed by the Committee. The report recommends that the Municipal development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to Heavy Industrial classification, an area of approximately 36 hectares (88 acres), as illustrated, having NBGIC Numbers 346445 and 348474 (part). Mr. Louis Sharkey of 389 Red Head Road appeared in opposition to the proposed amendment; clarified his position in that he recognizes the Irving mill as a viable industry in East Saint John, that it employs many people and that the treatment of the effluent would be a positive impact on Little River; and advised that, with respect to his number one concern that the outfall would be on the beach, he now is of the understanding that this has been denied and the outfall now has to go offshore into the water. Mr. Sharkey also advised that his second issue of concern is the long-term effect on water in the area in that it has been identified now at this early stage that the possibility exists, although low, of a possible contamination of wells in the area, and that the normal water testing procedures do not identify many of the chemicals outside certain perimeters; noted that his property is of low elevation in correspondence to the proposed lagoon and that the exact hydraulic connections between the lagoon and the ocean have not been one hundred per cent established; and, with respect to what is in the effluent, made the observation that the applicant's engineer at the Planning Advisory Committee made the suggestion that a synthetic liner could not be used because the chemicals in the lagoon would probably eat the liner; and concurred that a clay base probably is a better base because it does have the ability to reseal and that a liner, while a secondary safety measure, would also help the clay base. Mr. Sharkey, in commenting on his concern about the safety of his drinking water, advised that he cannot afford to carry out testing over the year, nor would he want his privacy invaded by having somebody else coming to his residence very 6 months to do the testing and would consider it an invasion of his privacy; questioned the effect of the proposed lagoon on the Marsh, suggesting that the lagoon could be located in a nearby industrial park; and noted that submitted with the correspondence relevant to this public hearing is a copy of his letter in response to the advertisement for the public presentation. Mr. Sharkey further advised that he does not know, as the Harbour Study has not yet been released, the effect on Hazen Creek, nor does he know where he stands on this project as far as the discharge line is concerned; and concluded that, while he has quite an investment in the property he owns, he does not know what it is worth as it stands now. The Mayor noted recommendation (2)(f) of the Planning Advisory Committee with respect to the outfall discharge; and, with regard to Councillor Landers' question as to whether or not Mr. Sharkey would be more comfortable if an environmental impact assessment process was done prior to Council's approval of the proposed amendment, Mr. Sharkey replied that he would not want the process to go forward just on the basis of the problems he is experiencing in view of the minimal 84-154 COMMON COUNCIL JUNE 7,1993 opposition to the proposed amendment at this meeting and the expenditure of tax payers' money which would be required to carry out an environmental impact study. Ms. Wanda Harrison of 115 Midwood Avenue spoke in opposition to the proposed Municipal Plan amendment and the construction of the water treatment plant because of her concern about the health, quality of life and her and her family's enjoyment of their property, as well as how the plant would affect the air quality in the area and the odour, fog and noise that the plant would produce. Ms. Harrison also expressed concern that she may have problems renting the other apartment in her two- family dwelling because of the proposed plant, and that the property values will decrease thereby resulting in her having trouble selling her home without losing money; suggested that she probably would not have purchased her home had she known about the proposed plant; and stated that she really does not want the plant built in her back yard. Mr. Garry Prosser of Red Head appeared before Council in opposition to the proposed amendment; commented, on the basis that there seemed to be confusion about the Environmental Impact Assessment (EIA) process, on the matter; and, reading from a report which he advised was received from the Environment Department, made the observation that the suitability of the site from a social land-use perspective should be addressed by the City as part of the Municipal Plan amendment application as this aspect is not within the mandate of the EIA review process, and that social economic factors, such as property values, are not evaluated as part of any initial environmental impact review and that financial compensation nor expropriation is not within the authority of the EIA regulation. Mr. Prosser expressed the understanding that the EIA process is now somewhat stalled and the Province is asking the City to deal with the Municipal Plan amendment and, based on that, the Minister will rule on the EIA; in other words, it will be screened out, meaning that the project will be allowed with certain terms and conditions, or it will be screened in, meaning a continuation of the EIA process where a public meeting would be held and property values would finally be considered. Mr. Prosser expressed the opinion that, while it is true that the proposed treatment plant would be so much better than the raw waste being dumped into Little River, this should not be the basis on which to decide this land use application in that better does not mean acceptable; and also that, in agreeing with the comment that what is better for the larger community must be looked at, this should not be done until every impact is reviewed against the smaller community and no resident should be forced to lose anything and become a casualty to industry under the mask of what is good for the larger community. Mr. Prosser suggested that, while it was indicated at the Planning Advisory Committee that no other site is acceptable, if the technology exists to pipe the raw effluent four kilometres on the West Side, it certainly exists in this situation as well, running in any direction, and it simply means that the consultants have not looked in the right places nor thought of the environment as a priority; and also suggested that this lagoon belongs one half mile in the woods in any direction as some other lagoons have been built, noting that this would mean that it would be built closer to his place of residence which he would find more acceptable than where it is proposed right now. Mr. Prosser, referring to an indication that the paper mill would have to shut down if Council does not approve the amendment as there is a 1995 deadline, noted that the Federal law in this regard was known in its early stages in 1989; expressed concern that the Public Utilities Board has ruled that the pipeline to the lagoon is not covered by the Pipeline Act even though it states that corrosive materials are included, and the proposed pipeline is designated so that only major leaks would be detected, while minor leaks could be undetected and contaminate an area without the applicant's knowledge and, while monitor wells will eventually pick up on a leak, it would do so only after an unknown amount toxic effluent would have leaked out. Mr. Prosser asked if construction of the incoming pipe line would cause any business interruption or inconvenience at the two industrial parks, and force traffic, especially truck traffic, through Champlain Heights; advised that he finds it very displeasing, for legal purposes, should the discharge line tie into the City's discharge line, that, if there were a problem for example with Mr. Sharkey's well or an environmental problem, a long legal battle could result, and also that it is known whether or not the final discharge line will comply with the new guidelines laid out in the Harbour study; expressed concern, if there is to be a flume visible at the point of discharge, about where it will go and from where it will be visible, if only for aesthetics, as it is likely to be different in colour than the Bay and could have some impact, as well as about the foam at the point of discharge, the cost to the City of its temporary removal of explosives that are stored at the adjacent location during construction of the proposed facility and if any of the cost is being recovered, and about the long-term effects of chemicals in the discharge and where the discharge point is to be; explained his concern about the Planning Advisory Committee's recommendation 84-155 COMMON COUNCIL JUNE 7,1993 about the undisturbed tree area between the lagoon and residential property; and, referring to his letter to Council of August 26, 1992 about trees that were cut down at the head of Midwood Avenue within this buffer zone to allow access for putting in monitoring wells, suggested that these roads will now serve as a vacuum or tunnel effect for any air- borne effluent to come out at the head of Midwood Avenue in that, if it is not possible to plant trees in that area of 8 to 10 metres high to overcome the tunnel effect, smaller trees because of the height differential would carry the effluent accordingly. Mr. Prosser noted confusion about what would be going into the proposed lagoon in that, while the matter did not come to Council, it was indicated at the Planning Advisory Committee level that a truck wash facility will also be emptying its effluent into this lagoon and that a future waste oil recycling plant is planned; also expressed concern that, as the lagoon will be constructed with only a clay base, that would contain the effluent; and asked for clarification on whether or not the clay is to come from any other site as it does not seem to form part of the application, if it is the lagoon area and what vegetation is to be removed. Mr. Prosser asked about the possibility of faults or cracks in the bedrock at the subject site which could expose leachate to ground water and get into the drinking wells and, with regard to the approximately 10 homes that are on wells, what actually the surface water drainage basin is and what effect the lagoon would have on this; questioned the possibility of the weight of land mass eventually reversing the ground water flow direction which could impact infiltration of salt water into the ground water flow; and also asked if the applicant would assume full responsibility if the flow rate is reduced at any well and no longer acceptable to the owner, as well as responsibility for any well that becomes contaminated by salt water and is not usable. Mr. Prosser noted a number of atmospheric emissions of a lagoon which are of concern, including fog, foam and odour; expressed the understanding that the proposed lagoon is to be located only 100 meters away from homes in the area; and also noted the lack of reference in the submitted Planning report to the issue of property values and the possibility of decreased property values. Mr. Prosser expressed the hope that, regardless as to what decision Council makes at this meeting, each and every Councillor would ask the Minister of the Environment for a full environmental impact assessment on the lagoon on the basis that the land use issues are important and significant and there are major impacts, which should be a cause to request an EIA. Councillor Chase suggested that it would be very helpful to this process if Council were to benefit from Mr. Prosser's research by being provided with a written out categorical list of his questions and his statements so that, as the process proceeds, the answers can be provided to the questions and refutations can be supplied to his statements. Mr. David Griffin of 1315 Red Head Road appeared in opposition to the proposed amendment and asked, in view of the size of the pond being proposed, if there is a future use for the pond besides the Mill and if the Refinery is to also dump into it, to which the Mayor replied that presently the only use is for Irving Paper and, if at any time in the future the applicant anticipates anything else, the applicant would have to come before Council for permission. Mr. Bruce Drost, counsel for Irving Paper Limited, addressed Council on behalf of the applicant in support of the proposed amendment and introduced Mr. Mike Parker, General Manager of Irving Paper, Mr. John Wonnacott, Project Manager for the construction of the treatment facility, and Mr. Bill Borland, who oversees the environmental issues for the Mill. Mr. Drost referred to a model of the proposed process water treatment plant; and made the observation that the application before Council is to make the Municipal Plan consistent with the existing zoning of the subject site which is zoned appropriate for the proposed type of installation and certainly the use proposed by the applicant for the subject land is very consistent with current use of land surrounding the site which is also zoned for Heavy Industrial use and includes Saint John Shipbuilding, Irving Paper, New Brunswick Power, the Irving Oil Refinery, the Grandview and McAllister Industrial Parks, and the City of Saint John sewerage treatment facility. Mr. Drost noted that the pulp and paper industry is highly regulated through Federal and Provincial Government approvals to operate and that, if Irving Paper did not meet Provincial air and water quality regulations for example, it could not continue to run; and that, last year, the Federal Government introduced new regulations which govern the content of effluent, or processed water as it is known in the industry, discharged by pulp and paper mills; and advised that, while these regulations were effective immediately, Irving Paper has approval from the Federal Government to operate in its current configuration until the end of this year, and its process water treatment project was announced shortly after the new regulations were made public and, as is the case with 84-156 COMMON COUNCIL JUNE 7,1993 many paper mills across the country, it will be impossible to have the new treatment facility built and operational before the end of 1993 so an application has been made for an extension which will, if granted, allow the mill to operate until the end of 1995. Mr. Drost expressed the opinion that the announcement of the Irving treatment plant is good news for Saint John in that the proposed facility will take the semi-treated water, which is currently discharged into Little River, further treat it and put the clean water into the Bay of Fundy completely by-passing Little River; in other words, the treatment facility will address an ongoing pollution situation in Saint John, that being the discharging of partly- treated effluent into Little River; and explained that, as Federal Government regulations are only one part of the question in that the other levels of government also have a role to play in this process, Irving Paper Limited has registered the project with the Provincial Department of the Environment under the Environmental Impact Assessment regulations as it is required to do and has not heard the Department's decision with respect to whether or not a full environmental impact assessment will be required. Mr. Drost requested that the Municipal Plan be amended so that the applicant can proceed with construction when the other approvals have been received. Councillor M. Vincent asked if, in the event all the questions asked at this meeting are not covered, the applicant would be prepared to address these questions at this meeting in conjunction with the residents of the area who are present at this meeting and with City staff, and provide answers; to which Mr. Drost replied that the applicant has already had two public meetings and has announced that it will have at least one additional public meeting, although the applicant does not yet know what the Environment Minister's final decision will be as to the environmental issue, whether she screens the applicant in or out, and she has posed at least one additional question to do with the discharge and cannot make her decision until she has that information; and advised that he does not think that, if Council finds positively on this matter, the Minister will consider that the end of the mater and give approval. Mr. Drost noted that many of the questions asked at this meeting have been answered in the Planning Department's report to the Planning Advisory Committee and that, with regard to Mr. Sharkey's concern about the drinking water, the Department of the Environment will require monitoring wells at the site so that, should there be any release from the site, it would be detected far before it ever got near his ground water, and that the applicant's hydrological studies indicate that the water moves away from his house and toward the Marsh, and also that the Marsh will not be disturbed as the project is not being built in the Marsh. Mr. Drost concluded that many of the questions will be answered during this presentation and they will, on an ad hoc basis, hopefully respond to the rest. Mr. Mike Parker, General Manager of Irving Paper Limited, explained what takes place within the Irving Paper facility, how it affects the environment and the plans for the proposed treatment plant; apprised Council of the process used to make paper at the Mill; and circulated samples of the type of paper currently being made at Irving Paper, wood chips and dried pulp. Mr. Parker explained that the problem the applicant is trying to address is the overflow from the clarifier which is now going into Little River in that the pollution problem comes from the natural ingredients in wood chips, such as the resins, the fatty acids and the extractive that are naturally in wood which are toxic; and that this new facility will allow Irving Paper Limited to meet the new regulations and remain in business. Mr. John Wonnacott, Co-Ordinator of the construction of the proposed treatment facility for Irving Paper Limited, referenced Mr. Parker's observation that Irving Paper operates a clean mill with wood chips and wood pulp coming into the mill and paper going out and that, with the announcement of the new regulations, Irving Paper has been able to determine how best to bring the mill into conformity with these new rules; and, having explained that the additional clarifier will allow greater removal of the suspended solids from the water coming out of the mill which is primary treatment, circulated a sample of the processed water as it currently appears after this treatment. Mr. Wonnacott, referring to the model, appraised Council of whether the water will enter and exit the water treatment facility on the site in question, having gone through the primary clarifiers and pumped through a pipe line from the mill site to the facility; and advised that the pipe line will be one hundred per cent buried and constructed of high- density polyethylene with some steel sections where it crosses the roads. Mr. Wonnacott commented on the manner in which the treatment facility creates conditions which assist and speed up the natural break-down process so that the water is clean and put back into the environment; also advised that, having recently received notification from the Environment Department that this discharge should be a saltwater outfall, engineering studies are being conducted at this time to determine the best 84-157 COMMON COUNCIL JUNE 7,1993 method to accomplish this, and a variety of options are being looked at; and further advised that, whatever is done, pedestrian access along the beach will not be blocked wherever the outfall pipe is laid. Mr. Wonnacott made the observation that the facility, when constructed and from most perspectives, will be blocked from view by the trees and natural topography and invisible certainly from the residents in the Midwood Avenue and Red Head Road area driving from Bayside Drive; advised that treatment systems of this type are very passive and run quietly and do not cause disturbances that most people would notice and that wildlife, such as ducks, has been found in some of the similar facilities visited making their homes in parts of the lagoon, and also that access to the work site during construction will not be at Midwood Avenue but that alternate access will be accomplished so that residents are not disturbed by the movement of equipment and material; and noted that the facility is about 440 feet from the nearest residence and that, as a result of input received at public meetings previously held, the layout of the plant was reconfigured to put it as far away from the neighbours as possible, which is as far back as it can go without being pushed into the Marsh. Mr. Wonnacott explained that the treatment will make the discharge one hundred per cent cleaner than the new and very strict Government regulations require, in other words it will be twice as good as it has to be by law, and that the semi-treated processed water currently discharged into Little River is considered toxic to fish because it contains naturally-occurring elements from trees such as resins and fatty acids and that, after the facility is constructed, the surrounding topography will be landscaped with trees and grass planted so that it blends into the existing geography and the applicant will make sure that there is a natural stream between the facility and Midwood Avenue, and that there are also plans to improve the landscaping and other aesthetics of the little River surrounding the mill. In response to issues raised at this meeting by persons in opposition to the facility, Mr. Wonnacott re-iterated the applicant's intention to install monitoring wells relevant to the concern about well water; with regard to the topic of synthetic liner as being corroded by the effluent, explained that in no means did he intend in his Planning Advisory Committee presentation to leave that impression and that, as his personal preference in choosing a clay liner which is a natural material and a synthetic one, he prefers the clay liner, although in the detailed design process a synthetic or clay liner or, conceivably both, will be picked according to the design requirements; concerning the issue of an epoxy lining for a steel pipe line relevant to the West Side, clarified that on the West Side there is a large head differential from the pump house, which would be close to the river, as far up to about the K-Mart Mall and that first section of the pipeline is under quite high pressure and, as steel is the better material from which to make the pipe, the normal way to protect steel is to have an epoxy lining not to protect it from particularly corrosive material but simply rust, so the epoxy coating is continuous throughout any section where steel is used as a pipeline material, not for leak protection, but simply to provide for long-term erosion, and commented on the manner in which the pipeline would be constructed to cross the roads. Mr. Wonnacott addressed the issues of fog, foam and odour based on the example of over 25 similar lagoons in all different environments across Canada and over 180 other installations around North America. Mr. Drost concluded the presentation on behalf of the applicant by re- iterating that the application is to amend the Municipal Plan, and not are-zoning application, and that this Irving land is zoned for industrial use; and expressed the view that the proposed facility is very positive for the mill and the area and will put zero discharge into Little River, put the mill in compliance with new regulations, and set it up so that the effluent does not take oxygen out of the water which is the problem with the current situation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, an area of approximately 36 hectares (88 acres) located adjacent to Midwood Avenue and Bayside Drive, as illustrated, having NBGIC Numbers 346445 and 348474 (part), from Low Density Residential to Heavy Industrial classification, be read a first time. Councillor Landers expressed concern about proceeding with the proposed amendment prior to the EIA being completed; and Mr. Baird noted that earlier in the process staff advised Council that the Provincial Department of the Environment was not yet at a stage where it could respond to the specific questions with respect to a 84-158 COMMON COUNCIL JUNE 7,1993 variety of environmental issues; referenced the Department's comments on a variety of these issues as indicated in the Planning Department's report to the Planning Advisory Committee; and advised that the current stage is that the Technical Review Committee has examined the environmental information and provided its input and the next step at the Provincial level is for a determination by the Minister and she has not yet made her determination. Question being taken, the motion was carried with Councillor Landers voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, an area of approximately 36 hectares (88 acres) located adjacent to Midwood Avenue and Bayside Drive, as illustrated, having NBGIC Numbers 346445 and 348474 (part), from Low Density Residential to Heavy Industrial classification, be read a second time. Question being taken, the motion was carried with Councillor Landers voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land use Plan, three parcels of land located at 85,89 and 91 Paradise Row (NBGIC Numbers 28696,28688 and 28670), and having an area of approximately 44,200 square feet, from Medium Density Residential to District Centre Commercial classification, to permit the property to be re-zoned to the "B- 2" General Business zone and developed as a parking area for Brenan's Funeral Home, as requested by The Brenan Group Ltd. (Brenan's Funeral Home). Read a letter from Mayor Wayne submitting a letter from Saint John and Western District Crime Stoppers requesting that the City of Saint John reconsider its request for funding. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that a grant of $1,500 be approved for Saint John and Western District Crime Stoppers. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne referring to subsection (19)(a) of Section 880 of the Zoning By-Law which prohibits the stripping, excavation or otherwise removal of topsoil from a lot or other parcel of land, and expressing the view that this has been detrimental to the Municipal Operations Department as well as to land owners; and requesting that the City Manager and staff from the Works Department do a review of the Zoning By-Law to see if 84-159 COMMON COUNCIL JUNE 7,1993 appropriate changes can be made to accommodate both the City and land owners - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender which meets all of the tender requirements, submitted by Hoffmans Ltd., in the amount of $68.40/pair, be accepted for the supply of safety work boots. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of William and Sons Ltd., in the amount of $19,985, be accepted for the supply and installation of aluminum roof coating at the Rothesay Avenue maintenance garage. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender of Jordive Ltd. be accepted for the supply of T.V. sewer inspection services for the Water and Sewerage Department as follows:- A. video inspection or cleaning of sewers $54.50/hr; B. video inspection $1.26/m. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (A) the tender for the supply of motorized equipment be awarded as follows:- Tender No. 93-083 Brunswick Chrysler Plymouth Ltd. $ 31,296.00 Tender No. 93-085 Bayview International Trucks Ltd. $ 60,257.00 Tender No. 93-086 Bayview International Trucks Ltd. $ 72,835.00 Tender No. 93-087 Wallace Equipment Ltd. $154,300.00 Tender No. 93-088 Downey Ford Sales Ltd. $ 28,108.00 Tender No. 93-089 Central Western Star Trucks Ltd. $ 38,700.00 Tender No. 93-090 BWS Mfg. Ltd. $ 26,300.00 Tender No. 93-091 BWS Mfg. Ltd. $ 10,870.00 Tender No. 93-093 Downey Ford Sales Ltd. $ 15,222.00; and (B) the Mayor and Common Clerk be authorized to sign a total cost bid agreement with respect to Bid No. 93-087 for a period of 7 years or 10,500 hours. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) Consideration was given to a report from the City Manager referring to Common Council's approval on August 31, 1992 of the sale of City-owned properties at 59 and 77 Ludlow Street to Redpath Realty Ltd., and Council's subsequent approval on October 26, 1992 of Housing Through Infill Development (H.I.D.) funding for Acadia Development Ltd., an associate company; and recommending that, as the conditions of the sale and the approval of the H.I.D. grant require that both matters be dealt with in the name of the one company, that Council amend its October 26 resolution. 84-160 COMMON COUNCIL JUNE 7,1993 On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Common Council amend its resolution of October 26, 1992 whereby the Housing Through Infill grant application approved for Acadia Development Ltd. is transferred to an associate company, Redpath Realty Ltd. Question being taken, the motion was carried. Read a report from the City Manager referring to Common Council resolution of March 1, 1993 authorizing the necessary advertising to close the walkway off Dexter Drive and follow the closing to sell it to Carl and Cathy Blanchard, such walkway having been closed as a public street by order of Common Council on May 3, 1993; advising that a letter has been received from Carl Blanchard indicating that his property at 140 Dexter Drive has been sold to Steven Leavitt and that all future correspondence on the sale of the land should be directed to Mr. Leavitt, and also that a letter has been received from Steven Leavitt indicating that he has purchased the property at 140 Dexter Drive from the Blanchards and he wishes to proceed with the acquisition of the land as negotiated with Mr. Blanchard; and recommending an amendment to the March 1 Council resolution. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of March 1, 1993 be amended by changing section 2 of the recommendation concerning 140-150 Dexter Drive to read that the land be sold to Steven Leavitt rather than Carl and Cathy Blanchard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $65,000 be accepted from Standard paving Maritime Limited as security to ensure the rehabilitation of the gravel pit at 913 Latimore Lake Road (NBGIC Number 333526). Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-30 Newmans Brook Sewer Renewal Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated May 21, 1993 Final holdback release. $156,965.00 155,954.90 Nil 116,747.50 39,207.40 2,564.97 $ 39,207.40 Question being taken, the motion was carried. 84-161 COMMON COUNCIL JUNE 7,1993 On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Higgins and Wilson Refrigeration and Air Conditioning Ltd., in the amount of $31,888 (all taxes included), be accepted for the replacement of the condenser at the Hilton Belyea Arena. Question being taken, the motion was carried. Read a report from the City Manager advising that the security amount of $30,000 adopted by Common Council resolution of May 17 as security to ensure the rehabilitation of the gravel pit at 990 Grandview Avenue was incorrect and should be revised to $7,500; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $7,500 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 990 Grandview Avenue (NBGIC Number 337964), and that Common Council resolution of May 17, 1993 in this regard be rescinded. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice from the Saint John Regional Hospital, in the amount of $26,400, for ambulance charges for the first 3 months of 1993. In response to Council queries, Mr. Woods expressed the understanding that the amount represents the differential between the call rate that the Province would have charged and the rate that was in effect when the City was negotiating with the Province on the matter of ambulance service; and confirmed that the above amount was not budgeted for by the City; and Mr. Totten explained that, in the fall of 1992, the City, the Province and the Regional Hospital began discussion with respect to a transfer of responsibility for the ambulance service from the City of Saint John to another operator during which time the City expressed a desire to not fund the operation and indicated to the Province that, if it provided certain conditions, the City would remove itself as the operator and the Province would then proceed to negotiate with the Region Two Hospital Corporation; and that, in late 1992 when the City, in fact thought a deal had been struck, at a public session, the Region Two Hospital Corporation announced that the rates would increase to $100 and that the City of Saint John, at that point in time, indicated that it was not prepared to remove itself as the operator until it received further assurances and when, between January and the end of March the City retained its responsibility as operator, the rates were not increased; and also advised that the Regional Hospital had made the point clear at that point in time of its intent to bill the City of Saint John because, as the Hospital was not the operator, it could not increase the rate, which is why the City is now faced with the above bill, which will be the last from the Regional Hospital. The Mayor and Councillor Rogers expressed opposition to payment of the invoice on the basis that, unlike other municipalities in the Province, the City of Saint John funded its ambulance service. Question being taken, the motion was carried with the Mayor and Councillors Rogers and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager explaining the reasons why staff is not in favour of a composting program between the City of Saint John and the New Brunswick Environment Department at the City Market, which was proposed in a letter from the Provincial Environment Minister 84-162 COMMON COUNCIL JUNE 7,1993 considered by Council on May 10; and advising that, while in theory this is a good suggestion, it is not a practical application for the City Market, and that, if such a technology exists that will support an indoor composting programming, staff will reconsider its position providing space can be made available - be received and filed. Councillor Landers noted the Environment Minister's comments earlier in this meeting about the benefits of composting, and asked how the City could dismiss the suggestion so quickly without trying it; and the Mayor, in referring to the reasons for the above recommendation, noted that the City has a composting site at Rockwood Park. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager commenting on a course of action relative to tire recycling, which was proposed in a letter from the Provincial Environment Minister considered by Council on May 10; and recommending that the City of Saint John not begin a tire recycling program for the Spruce Lake landfill - be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor Landers voting "nay". Consideration was given to a report from the City Manager clarifying some of the issues raised at the May 26 public hearing with respect to the proposed Smoking By-Law, which was given first and second readings on April 26, with respect to the $75,000 renovation limit, with no change suggested; the occupant load, with no change suggested; a concern that the By-Law does not provide for any non-smoking area in small bars and restaurants, with the suggestion that Council could consider a further amendment which would continue to exempt both existing and new small bars and restaurants from the equipment requirements in the By-Law, but require that a 25% area be required for non-smokers, consistent with other bars and restaurants; the effective date of the By-Law of June 1, with the recommendation that the effective date be changed to September 1 to provide staff with time to develop the implementation process; and an appeal process, the Legal Department's advice being that the Act does not provide for an appeal process whereby an individual property own can request exemption from the By-Law; and recommending that Common Council give third reading to the Smoking By-Law, dated April 21, 1993, with the exception that the effective date be changed to September 1, 1993. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the above recommendation of the City Manager be adopted: AND FURTHER that the by-law entitled, "By-Law M-117 A By-Law Respecting Smoking In Indoor Public Places In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number M-117 A By-Law Respecting Smoking In Indoor Public Places In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $62,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 491 Bayside Drive (NBGIC Numbers 55022719 and 348029). Question being taken, the motion was carried. 84-163 COMMON COUNCIL JUNE 7,1993 The Mayor noted the presence in the Council Chamber of Mr. J. McNamara and asked that Council consider his letter, which is on the agenda of this meeting, at this time. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from J.M. (Jack) McNamara of 41 Barbara Crescent asking that parking be allowed on one side of Barbara Crescent from 7:00 a.m. to 1 :00 a.m. and no parking be allowed from 1 :0-0 a.m. to 7:00 a.m. - be referred to the City Manager for action. Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a resolution, adopted at the May 10 Legal Session of Common Council. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that the City Solicitor or his designate be authorized to respond to the Notice of Application filed in the Court of Queen's Bench by C.U.P.E. Local 61 which deals with the scheduling of work in the Major Crimes Unit, formerly known as the "GIS". Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk submitting a resolution adopted at the Tuesday, May 25 Legal Session of Common Council. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the City Solicitor, the City indemnify the Saint John Horticultural Association, its members and directors against all costs, claims, and damages of every nature, kind, jointly and severally, in connection with the action to obtain possession of the premises occupied by the New Brunswick Fish & Game Protective Association (Saint John Branch) Inc. (Fish & Game Association) at the Lily Lake Pavilion. Question being taken, the motion was carried. Read 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, May 25, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent and your Committee submits the following recommendations, namely:- 1. That as recommended by The Saint John Jeux Canada Games Foundation, Inc., Messrs. Richard Oland, Harry Gaunce and James MacMurray of Saint John be reappointed to the Board of Governors for a term ending December 31, 1995 or until their successors are appointed. 2. That as recommended by the City Manager calls for development proposals be issued for the sale and redevelopment of the fire stations at 298-300 Main Street North and 20 Church Avenue. 3. That as recommended by the City Manager, Mrs. Stella Richard of 456 Milford Road be advised that the land at 460 Milford Road is a reserved street and not available for sale. 84-164 COMMON COUNCIL JUNE 7,1993 5. That as recommended by the City Manager Mrs. Beryl Marley be advised that the City is not interested in acquisition of the property at 7 Spar Cove Road at this time. June 7, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie. E. Wayne, C h air man. On motion of Councillor Chase Seconded by Councillor McAlary RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. (Councillor Landers withdrew from the meeting as she was not present for the May 25 public hearing relative to the proposed Municipal Plan amendment and re- zoning of 47-51 Baxter Road.) Consideration was given to a report from the Planning Advisory Committee regarding the application of Raymond MacMurray for a Municipal Plan amendment and re-zoning of property at 47-51 Baxter Road, which was tabled at the public hearing of Tuesday, May 25, with no readings given; advising that the Committee considered the application once again at its June 1 meeting at which the applicant was in attendance but no other individuals appeared, and the submitted letters of objection were received; also advising that staff has reviewed the applicant's revised proposal in that he has stated that he no longer plans to construct a four-bay addition to the existing autobody repair shop and only wants to subdivide the subject property into two lots, one for the existing residence and the other for the autobody shop, which would allow him to sell the residence and retain the autobody shop; further advising that the Committee has approved the necessary variances to allow the applicant to subdivide the site, and the applicant is satisfied with the subdivision and is aware of the Committee's decision to recommend to Council denial of the proposed Municipal Plan amendment and re-zoning of the subject property; and recommending that (1) a Municipal Plan amendment to change the designation from Low Density Residential to Light Industrial classification be denied; and (2) the proposal to re-zone the property from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification be denied. 84-165 COMMON COUNCIL JUNE 7,1993 On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, (1) the application of Raymond MacMurray for a Municipal Plan amendment to change the designation of the property at 47-51 Baxter Drive, from Low Density Residential to Light Industrial classification, be denied; and (2) the proposal to re-zone the subject property from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, be denied. Question being taken, the motion was carried. (Councillor Landers re-entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the petition from residents of Summit Drive and McNamara Drive up to Woods Avenue requesting the installation of a sidewalk and the closing of the ditches with the proper installation of pipe for drainage, and also that the blind knoll on Summit Drive at the crosswalk leading to the School be removed as it is a dangerous area for children and adults alike - be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. The Mayor proclaimed June 17 as Peace Day in the City of Saint John in recognition of the Sri Chinmoy Oneness-Home Peace Run through the City on that day. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk