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1993-10-12_Minutes 84-298 COMMON COUNCIL OCTOBER 12, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twelfth day of October, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; J. Johnson, Building Inspector; D. Logan, Purchasing Agent; J. Baird, Manager- Development Division, Planning; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Philip Ward of St. Luke's Anglican Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held October 4, 1993, on be approved. Question being taken, the motion was carried. The Mayor proclaimed October 18 to be Cooperative Housing Day; October 17 to 24 to Foster Parents Appreciation Week; October 17 to be Columbus Day, with the request that all members of the Knights of Columbus Councils from the Saint John area participate in the church parade on that day; and October as Renovation Month in the City of Saint John. The Mayor encouraged citizens to support the United Way Campaign; extended an invitation, on behalf of the District 8 Board of School Trustees and Common Council, to the official opening of the Millidgeville Community Centre and the M. Gerald Teed Gymnasium on October 13; and noted that the City of Saint John will be hosting the Cities of New Brunswick Association meeting on October 15 and 16. (Councillor Landers entered the meeting during the above remarks.) The Mayor welcomed to the Council Chamber Mr. Carl White who addressed Council concerning Touch Bowl '93, the Canadian Touch Football Championships, to be held in Saint John on October 29 to 31, involving upwards of 64 teams. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that a letter from the 3 Mile Beverage Room (1978) Ltd. (copies of which were distributed to Council members in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), having an area of approximately 2,600 square feet, from High Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "RM-1" Three-Storey Multiple Residential 84-299 COMMON COUNCIL OCTOBER 12, 1993 to "B-2" General Business classification, to permit the property to be used as a parking area for the adjacent funeral home, as requested by Fitzpatrick's Funeral Service Ltd., and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendments. 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 October 5 meeting at which the applicant was present and had no concerns about the staff recommendations and no one appeared in opposition to the application and no letters were received; advising that the Committee also granted variances for landscaping and location of off-street parking; and recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from High Density Residential to District Centre Commercial classification, a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765); and (2) the same parcel be re-zoned from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification. On motion of Councillor Knibb Seconded by Councillor Rogers 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, a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), from High Density Residential to District Centre Commercial 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 Rogers 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, a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), from "RM-1" Three- Storey Multiple Residential to "B-2" General Business classification, 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 M. Vincent Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 6-14 Richmond Street (NBGIC Number 12765), from "RM-1" Three- Storey Multiple Residential to "B-2" General Business classification, be read a second time. 84-300 COMMON COUNCIL OCTOBER 12, 1993 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 Rogers Seconded by Councillor Gould 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) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land approximately 6 acres in size with a frontage on both Westmorland Road and McAllister Drive, also being part of NBGIC Number 307397, from Major Institutional to District Centre Commercial classification; and (b) the proposed re-zoning of the same area of land from "P" Park to "SC" Shopping Centre classification, to permit the development of an un-enclosed neighbourhood service mall, as requested by the Exhibition Association of the City and County of Saint John, and that letters in opposition were received from Yvonne M. LeBlanc and Jean Urquhart. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters of objection considered at the Committee's October 5 meeting at which the applicant was represented by Mr. John Dixon of Greenarm Corporation, who spoke in favour of the application, Mrs. Jean Urquhart spoke in objection to the proposal and Mr. John Mason of Uptown Saint John Inc. appeared with concerns regarding the market study that was carried out for the project in that he would like to see a comprehensive and independent market study which might reflect the market trends for all parts of the City; and recommending that (1) Common Council amend the Municipal Development Plan by redesignating on Schedule 2-A, from Major Institutional to District Centre Commercial classification, an approximately 6-acre portion of a parcel of land with frontage on both McAllister Drive and Westmorland Road, being part of NBGIC Number 307397; and (2) Common Council re-zone the same 6-acre area of land from "P" Park to "SC" Shopping Centre classification subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following: (a) development of the re-zoned area shall be limited to the proposed unenclosed mall with an area of no more than 46,000 feet of space, in accordance with the applicant's proposal; (b) drainage of the site will be constructed in accordance with a detailed drainage plan which will be prepared for the applicant, by a registered engineer, licensed to practice in the Province of New Brunswick, and approved by the Chief City Engineer; (c) location of access will be generally in accordance with the proposal, however, detailed location, design and reinstatement to be approved by the Chief City Engineer; (d) parking area shall be paved and enclosed with poured-in-place concrete curbs; (e) all utility services will be located underground; (f) all area not occupied by buildings, parking areas, driveways, loading areas and sidewalks shall be landscaped in accordance with a plan prepared by the applicant and approved by the Development Officer, such plan to illustrate a minimum of 20 feet of landscaped area between the road allowance and the parking area; (g) no building permit (except site preparation) shall be issued without the plans required in (b), (c) and (f) being submitted and approved as required; and (h) all work required in (b), (c), (d) and (f) must be completed within one year of building permit approval. Mr. John Mason, a member of the Executive and Board of Uptown Saint John Inc., appeared before Council and, having clarified that he was not present to speak either for or against the proposition for 201 McAllister Drive, advised that he was present to comment on the quality of the research report provided by John Williams & Associates and thereby to call into question the basis for staff and Planning Advisory Committee recommendations to Council in that, based on the research that has been provided by the applicant to date, Uptown Saint John Inc. does not believe that the proposed new development adds additional business opportunities to the community, and believes that the research report does not provide proof that the proposed new development will not result in a decline of the economic viability, vigour and vitality of 84-301 COMMON COUNCIL OCTOBER 12, 1993 the Central Business District, such proof required according to Council's policies which require a developer to demonstrate that any new proposition does not adversely affect the Uptown area. Mr. Mason expressed the view that the evidence provided by the applicant to support the new project appears to be outdated in that it refers to a second hundred thousand square foot development in two buildings while the proposed new development is proposed to be only 46,000 square feet; and that the Williams' report has one major flaw in that it assumes that the proposed new development is a stand- alone project, not even mentioning the effects of the adjacent retail centres at McAllister Place and Parkway Mall, thus failing to recognize that the area at the intersection of Westmorland Road and McAllister Drive is becoming a retailing destination and is drawing from a much larger trading area, including the Uptown, than identified in the report; and gave as examples that, in view of the existing twenty-two pharmacies in the Saint John area, the Williams' report does nothing to acknowledge that the market is currently being well served by these existing businesses, and that section 3.0 of the report refers to focus primarily on uptown workers which is not so in that Uptown Saint John Inc.'s entire marketing has been to draw, indeed from the entire Province, to the Uptown area and not specifically the office workers Uptown. Mr. Mason made the observation that the Planning staff report does not acknowledge that new retail space follows existing traffic and retail space; commented on current economic and retail trends in Saint John which may not support the need for additional retail space in Saint John; re-iterated that Uptown Saint John Inc. does not wish to speak in favour of or against this particular proposal but it does have serious concern with the information being used to support it and which may be used in the future to support other projects in the City; and recommended that, as it may be unfair to rely on an applicant to prepare an objective impact assessment of a proposed project, the City of Saint John, with Uptown Saint John Inc.'s participation to the degree that it shares in the community, undertake an independent and impartial analysis of current retail supply and demand in the community, from which an informed decision could be made as to the compounded impact of new developments proposed in the City. During discussion it was noted that the submitted Planning report advises that the Greater Saint John Economic Development Commission has indicated that the present enclosed malls of McAllister and Parkway are regional destination shopping facilities as is the Uptown and there is very little in common between this proposed strip mall and its neighbours other than location. The Mayor, during the above discussion, noted the time of 7:45 p.m. in that notice had been given to Mr. Clayton G. Barfoot and Ms. Noreen Barfoot to appear at this meeting at 7:45 p.m. regarding the property at 201-207 King Street West, and asked if Mr. or Ms. Barfoot, or their representatives, were present at the meeting. Mrs. Jean Urquhart of 55 Golden Grove Road appeared in opposition to the above proposal and, having distributed to Council members a copy of a letter in opposition from Henny-Elizabeth Kraglund (copies of which were also submitted to Council by the Planning Advisory Committee), explained her opposition based on three reasons, namely: (1) there are already three malls in the area; (2) drainage; and (3) traffic. Mrs. Urquhart advised that, when the flood risk area was surveyed by the City, her property was not taken into consideration and it is below the level. The Mayor asked if it would be in order, at this time, to deviate from the normal process and have staff comment on the matter of drainage, to which Mr. Rodgers replied that the public hearing should continue and staff could comment at the end of the public hearing. Mr. John Dixon, a Principal of Greenarm Corporation, 371 Queen Street, Fredericton, N.B., addressed Council in support of the project as a developer and construction and real estate manager who hopes to be the developer and owner of this project, Exhibition Square; apprised Council of Greenarm Corporation's experience; and expressed agreement with both the Planning report and the recommendation of the Planning Advisory Committee. Mr. Dixon commented on the proposed 46,000 square foot unenclosed mall and landscaping and, with regard to drainage, advised that it is the intention to collect all surface water associated with the site in a catch basin system and deliver it to the City of Saint John storm sewer system which will be in turn delivered to Marsh Creek, and that, in fact, the drainage will be improved in the area with the construction of this project. Mr. Dixon made the observation that the project will not infringe or interfere with the existing ball diamond in the area and, 84-302 COMMON COUNCIL OCTOBER 12, 1993 having noted that John Williams & Associates is familiar with the City of Saint John and has carried out work in the City of Saint John in the past, noted that the Williams' market study concludes that the project will not impact on the City of Saint John's Central Business District, and that the reality of the situation is that this project will only add six or seven per cent to the retail area existing now at the subject intersection. Mr. Dixon commented on the benefits associated with the proposed $3 million retail development in terms of the creation of 50 person years of work in direct construction jobs, a payroll in the Saint John area of approximately $1.3 million, the creation of 50 or 60 full and part-time jobs, a significant increase in the municipal tax base with no increase in the City's infrastructure costs, the provision and reinforcement of McAllister and Westmorland as a regional shopping area, and the provision of space for national retailers not presently located in Saint John who wish to locate in an unenclosed mall thus increasing the regional and the greater regional shopping impact of the City of Saint John. Mr. Dixon expressed the opinion that the proposed project is considered to be the best use of the land, will allow for orderly development of the land, is the right project in the right location at the right time, and it will benefit the City of Saint John. Mr. Dixon, in response to Council queries, advised that, while he does not think it appropriate to release the details of names of retailers with whom he is negotiating, his firm is negotiating with a national retailer in the electronics service area, national food people and specialty retailers who are looking for more drive-up locations with easy access rather than the enclosed mall and who want to be in an area of regional malls which, in turn, strengthens the regional malls, and suggested that this could be why the regional malls are happy with the proposal; and also advised that, if the project is approved, Greenarm has no plans to expand the mall and is negotiating with the Exhibition Association for a specific 6-acre parcel of land that will allow only a 46,000 square foot shopping mall. With regard to the proximity of the parking lot to adjacent homes, Mr. Dixon made the observation that there will be at least a baseball field between the parking lot and the homes; and, concerning flood problems in the area, re-iterated that the development will improve the flood conditions in the area and that he would assure the residents that no water will be delivered from the site to the area of the residents and that nothing would be done to aggravate the existing flooding situation in the area, but rather that will be doing something to improve it. Mr. John McNair, a Director of the Exhibition Association of the City and County of Saint John, appeared in support of the project, and, in stressing that the national retailers referenced by Mr. Dixon are not presently in the area and are not willing to look at the Uptown Saint John area, advised that, in view of the extreme financial situation the Exhibition Association is currently in, if this project does not proceed, the Exhibition Association will be left with a very difficult decision, perhaps one that may be made for it, in that the Association, as it is currently known, cannot continue in its present financial situation. Mr. McNair also advised that the Exhibition Association currently employs seven full-time and over two hundred part-time persons, and that this project is critical for the Association and its long-term success. Mr. McNair clarified that, with regard to Mr. Dixon's reference to being the owner of the project, the property owner would continue to be the Exhibition Association with Greenarm having a long-term lease on the land, and that the Association has no intention of selling any of its property in the subject area. Mr. Robichaud confirmed Mr. Dixon's observation that the flooding situation in the area will be improved, not worsened, as water on the site will be stored and released at a very slow rate and that, while presently all of the water on the proposed site flows north across Golden Grove Road and into Marsh Creek, staff is directing the developer to direct the water to the City's storm system which will discharge it into Burchills Brook and, by so doing, this flow will enter Marsh Creek further down the brook which by-passes two areas of restriction, the culvert at Simpson Drive and the culvert crossing on Rothesay Avenue; and also that the site is so small that it is doubtful that the impact of the drainage area on Marsh Creek could be measured, even if it did flow directly into the Creek, but this will definitely improve it. With respect to Mrs. Urquhart's reference to flooding of her property, Mr. Robichaud advised that, in the winter time, a peculiar condition happens that large blocks of ice flowing down the drainage course block culverts or restrict the flow in the brook and, if there is a very heavy downpour, there could very easily be flooding even though virtually everything has been done to prevent it from happening; and, with regard to the cost of installations that will improve the flood problem in the area with this developer, 84-303 COMMON COUNCIL OCTOBER 12, 1993 advised that the developer will be responsible for such cost and confirmed that the City will be responsible only for the costs normally associated with a development of this nature. On motion of Councillor Trites 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, an approximately 6-acre portion of a parcel of land with frontage on both McAllister Drive and Westmorland Road, being part of NBGIC Number 307397, from Major Institutional to District Centre Commercial 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 McAlary 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, an approximately 6-acre portion of a parcel of land with frontage on both McAllister Drive and Westmorland Road, being part of NBGIC Number 307397, from Major Institutional to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 6-acre portion of a parcel of land with frontage on both McAllister Drive and Westmorland Road, being part of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre 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 Trites 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 an approximately 6-acre portion of a parcel of land with frontage on both McAllister Drive and Westmorland Road, being part of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. With regard to Mrs. Urquhart's reference to a flooding problem, the Mayor suggested that the City Manager should be asked to have Messrs. Robichaud and Johnson visit Mrs. Urquhart's home to see if there is a special problem with drainage and determine if there is something the City can do to assist in this regard. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City 84-304 COMMON COUNCIL OCTOBER 12, 1993 of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the City Manager be asked to assemble the appropriate staff to meet with Mrs. Urquhart and possibly Mrs. LeBlanc, if necessary, to determine if there are any special problems in the area which should be addressed. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the property to the rear of 428, 430, 432 and 434 Rothesay Avenue (NBGIC Number 306431), from "RS-2" One- and Two- Family Suburban Residential to "1-1" Light Industrial classification, to permit the construction of an addition to a warehouse, as requested by Haldor (1972) Ltd., and that written objections were received from Velzora Todd, Kenneth F. Todd, Lulu Hodgin, Evelyn Tidd, Hattie Chapman, Darlene Oldford and Glendon H. Anthony, Debbie McKinnon, Hartley G. Logan, Richard W. McKinnon, Frances I. Baird and Kathleen Shaw; as well as from Donald Willar and Margaret Willar (copies of which were distributed to Council members at this meeting). Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's meeting at which the applicant was present in agreement with the staff report and offered to construct a fence in response to concerns of residents, and two persons who also submitted copies of letters already submitted to Council appeared in opposition, with many of the concerns related to the condition in which the property has been kept; advising that eleven identical letters of objection were received, and that the Committee adopted staff's recommendation except condition (d) which it deleted and replaced with a new condition (d) to incorporate the agreed-to fencing; also advising that the area to be re-zoned is illustrated on the submitted sketch and is less than was originally advertised; and recommending that a portion of the property (as illustrated) to the rear of 428,430,432 and 434 Rothesay Avenue, also having NBGIC Number 306431, be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions:- (a) a landscaped buffer be developed with a minimum depth of 7.5 metres (25 feet) and including the embankment as illustrated on a site plan to be approved by the Development Officer; (b) the landscaped buffer be maintained by the applicant; (c) no access of any kind be provided or developed through the landscaped buffer area required in (a); (d) a board- on-board fence be erected and maintained adjacent to the property at 1 Oakland Street and extend up the driveway on the subject property and a chain link fence be erected at the top of the embankment, both to be illustrated on the site plan required in (a); and (e) the required site improvements in (a) and (b) be completed by August 31, 1994. Mrs. Velzora Todd of 14 Oakland Street spoke in opposition to the proposed re-zoning and, having noted that the reasons for objecting are explained in the submitted letters, advised that, ideally, she would like the property to stay residential. Mrs. Todd noted the Section 39 conditions recommended by the Planning Advisory Committee relevant to the landscaped buffer; and expressed concern about truck traffic in the meantime, as this buffer does not have be completed until August 31, 1994. Mrs. Todd advised that there are also some questions about a paint and body shop that was built on the subject piece of residential land very handy to the houses as they get the dust and fumes from the sanding and painting; and suggested that, as the City allowed the shop to be built, the City should see that the problem is corrected so that the residents do not get the dust and paint fumes as they believe it to be a health hazard, and also that there is concern about a propane tank being a possible danger 84-305 COMMON COUNCIL OCTOBER 12, 1993 factor. Mrs. Todd also referred to the recommended Section 39 condition for the erection of a board-on-board fence, and circulated photographs depicting the manner in which the property has been bulldozed back to the point where the residents feel it is dangerous right now, as well as photographs showing the swamp or flood area that was partially filled in; and expressed the opinion that, even if the board fence went across the back of the body shop, it would stop any truck and tractor traffic from going through and down Oakland Street. Mrs. Todd also expressed concern that, as Haldor purchased from the Provincial Government a portion of the swamp area directly in back of the homes and all the water flows into that swamp, this area might be filled in or used to place the junk which is currently located on the Provincially-owned property, as shown in the photographs. Responding to Council queries, Mrs. Todd suggested that a board-on- board fence should go across the area of the body shop and the warehouse so as to prevent trucks and heavy equipment from going through, and confirmed that the four main areas of concern relate to the traffic, fumes and dust from the body shop, the fence, and the issue of the swamp. Mrs. Debbie McKinnon of 9 Oakland Street appeared in opposition to the proposal and, having noted that the area residents had no previous opportunity to address the matter of the body shop as apparently the property was already believed to be zoned light industrial, advised that the paint fumes from the body shop are very strong and it has been necessary for her to take her children in doors from the back yard. Mrs. McKinnon also advised that her main concern is the chain link fence that will be over the area that has been cut back to allow for the foundation to the addition to be put in, as it is probably 20 to 30 feet high, with quite a drop-off; and that, with regard to the proposed implementation date of August 31, 1994, suggested that she would hope that would be done within 30 days because, over the winter time, it would be a concern with respect to children in the area. Mrs. McKinnon expressed concern that the property is in the flood risk area, and asked if the City will cease digging trenches in the holding area now that a portion of the Provincial property is owned by Haldor; and also asked if the City would be aware if the remainder of the Provincial land in the area goes up for sale. Mrs. McKinnon further advised that, having discussed the matter of the board-on-board fence that would be abutting number 1 Oakland Street with the resident, she would not be interested in having a big board fence running along side her property, but it would be better to have a chain-link fence along the back of the property at the end of the landscaped area. Mr. James F. Watt, Vice President of Operations, Haldor (1972) Ltd., addressed Council in favour of the proposal; noted that the three separate parcels of land all front on Rothesay Avenue, with two running back to an extension of Oakland Street which is private property known as Oakland Lane which serviced the former Millionaires Club; and explained that, while investigating for another reason, it was found that building permits had been granted to Haldor in error as the measurement back from Rothesay Avenue was not far enough to take in the three constructed buildings which happened over a period of time from 1980 on; therefore, Haldor applied first for a temporary building permit to add the addition to Leon's Furniture warehouse as the space is needed for the Christmas period, and was granted the permit which runs until August 1994, with the understanding that if the re-zoning were turned down, the addition to the building would be removed, and subsequently Haldor applied for re- zoning for the three parcels of land to encompass the three buildings. Mr. Watt made the observation that the applicant had no problem with, and has agreed to, the Planning Advisory Committee's request to reduce the width of the property to be re- zoned at the Oakland Street boundary back about a hundred feet or so, as all the applicant wants to do is bring the three buildings into conformity with the Zoning By- Law; and advised that the applicant will within 30 days be putting a chain link fence on the top of the berm as a safety factor and, with regard to the other fence recommended by the Planning Advisory Committee, this is a board fence which would impair the view of some of the residents of Oakland Street and that he will meet with the residents, if the re-zoning is approved, in understanding where they want the fence. Mr. Watt also advised that, with regard to unloading cars or trucks accessing the property from Oakland, he has no problem as the applicant has never, that he knows of, brought trucks in to service any industry on the property and, while he understands from the residents that trucks came through there some years ago which he cannot confirm or deny, the applicant has not trucked over that property, and the only crossing of the area in question has been by private citizens on bikes or on foot; however, if a fence 84-306 COMMON COUNCIL OCTOBER 12, 1993 would put to rest any of the fears of the citizens, the applicant is willing to abide by that. Mr. Watt suggested that the rest of the matter appears to be basically a housekeeping job to clean up an error on both the part of the developer and the City in issuing permits, not realizing that the land was residential; and further advised that the applicant did not start building until it had the temporary permit and has abided by everything of which he knows. Mr. Watt responded to Council queries concerning the applicant's purchase of land from the Province which, he advised, does not have any bearing on the proposed re-zoning as it is not included in the subject parcel of land; the City's issuance of temporary building permits; the concern about fumes from the body shop, which he advised will be looked into, only having been made aware of this a week ago this date; and the location of the swamp in relation to the subject property which he advised is located adjacent to the east of the property in question. With regard to the issuance of building permits, Mr. Baird explained that the phrase temporary permit is not appropriate in that the Community Planning Act allows the Planning Advisory Committee to approve a development for a temporary period, not to exceed one year, for any development that it is otherwise not permitted by the Zoning By-Law, and that the Committee at the end of September considered an application to approve of the development of an addition to Leon's Warehouse store on condition that the applicant, Leon's Warehouse, take all financial liability for removing that addition if the subject re-zoning application is not approved, and that the applicant did that in September of this year. Concerning the matter of the property being residential, Mr. Baird advised that the addresses for the various properties, being the Leon's Warehouse the Leon's Furniture Factory and the car body shop, are addresses on Rothesay Avenue and, as indicated on the submitted map, these addresses represent areas somewhat larger than the individual lots of which there is quite a number, and that all of the properties fronting on Rothesay Avenue are in the appropriate zone and, in fact, even a portion of the Warehouse building is in the appropriate zone and, when building permit applications were received, they were reviewed to see where the properties are located and what zone they are located in and, based on the information staff had at that time and examining the maps, it was determined that the proposals fell within the light industrial zone and building permits were issued, and that that happened, as indicated in the submitted report, between 1985 and 1990; and explained that staff, having received a detailed survey plan illustrating these variety of lots and the location of the buildings on the lots which indicated that many of the buildings extend over property lines, was only then able to determine, in fact, where all the buildings are in relation to the variety of redundant property lines and find that the zoning line was not at the foot of the hill as staff had originally thought it was but, in fact, was through a portion of the level land fronting on Rothesay Avenue. Mr. Johnson, in response to concern about increased water run off backing up onto Glen Falls properties, advised that the Flood Risk Area By-Law requirements were reviewed at each of the application stages, and the buildings, to the best of his recollection, are not actually in the flood risk area; therefore, legally, under the By-Law, such property could be filled in; and Mr. Robichaud advised that staff is aware of drainage problems in the area and that he made note during the above presentations to ensure that drainage in the subject area is not disturbed and to keep a much closer eye on the area in view of the proposed development. Mr. Baird, in response to a query as to what would happen should the proposed re-zoning not be approved, advised that staff has not really examined the detail of what would come next in that the only issue the applicant did undertake was with respect to the addition; however, what clearly would not be required to happen is many of the improvements being recommended as Section 39 conditions of the re-zoning; and, in response to the suggestion that Council should be able to require the owner to bring the property into a condition appropriate for a residential zone, he made the observation that staff, having become aware of the error that was made and considering whether or not the subject property is appropriate for residential development or more appropriate to be developed in conjunction with the adjacent properties fronting on Rothesay Avenue, easily came to the conclusion that it was most appropriate to be developed in conjunction with the level properties fronting on Rothesay Avenue at the same elevation and because of the errors of commercial uses already located in the area; however, cognizant of the concerns of the adjacent property owners, conditions are recommended. Deputy Mayor McAlary suggested that perhaps the matter could be tabled for one week as Council is not clear of all the facts relevant to the flood risk area 84-307 COMMON COUNCIL OCTOBER 12, 1993 and drainage, and the Mayor asked that such a motion be held as there are other Council members who wish to speak. During discussion Councillor Trites suggested that it might be appropriate for Council to proceed with first and second readings of the proposed amendment, with the City Solicitor in the interim prior to consideration of third reading to report on the liability should the City not proceed with the re-zoning and require the applicant to remove buildings because of the City's mistake in issuing building permits; the applicant meet with the residents to determine the type and location of the fencing; and the applicant be asked if he would be willing to have the date changed on Section 39 condition (d) to November 30, 1993 to ensure that the fences are in place by the end of November, and obviously the landscaping would have to wait until the spring. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be referred to the City Manager and the City Solicitor for further consideration and a report to Council. Question being taken, the referral motion was carried. Notice had been given to Mr. Clayton G. Barfoot and Ms. Noreen Barfoot to appear to show cause, if any, why Common Council should not find the property located at 201-207 King Street West (NBGIC Numbers 361220 and 361212) to be unsightly; and a letter from Mr. Ronald L. Galbraith of 213 King Street West regarding the condition of the subject property was received in this regard. No person was present in this regard. Consideration was given to a report from the City Manager regarding the unsightly condition at 201-207 King Street West (NBGIC Numbers 361220 and 361212), which has been the subject of a number of complaints from area residents and has been inspected on a number of occasions and the owners advised in writing to clean up their property, to no avail; advising that the subject properties are both vacant lots on which the junk and debris has apparently been left by persons other than the owners and that, although the owners have been advised several times since November of 1991 that they are responsible to keep the property from becoming unsightly, they have not corrected the situation and the property is currently unsightly; also advising that a Notice to Appear before this meeting of Common Council was served on one of the owners on September 14, 1993, and a copy was sent to the other owner by registered mail September 14, 1993; and submitting a copy of the Notice. The report recommends that Common Council adopt the submitted resolution by virtue of the Unsightly Premises By-Law. Mr. Johnson circulated photographs of the subject property noting that they show the two vacant lots on King Street West, described in the above report; and advised that the owners, having been asked to clean the property up, advised that they would allow the City to clean it up at the City's expense but were not prepared to clean it up themselves. Mr. Johnson noted that Council's authorization is requested to provide the owners with an order to clean the property up and, in the event they fail to do so, authorize staff to clean the property up at the owners' expense. On motion of Councillor McAlary Seconded by Councillor Rogers RESOLVED that the following resolution be adopted, namely: "WHEREAS the property at 201-207 King Street West (New Brunswick Geographical Information Corporation Parcel Numbers 361220 and 361212 on the attached Schedule "B") in the City of Saint John, New Brunswick, is in an unsightly condition because of the following items being upon the property: the body of a brown Ford automobile, various automobile parts, rubbish and refuse including metal and wood and glass pieces and containers, household appliances and a toilet bowl; AND WHEREAS the records of the Saint John County Registry Office show the owners of this property to be Clayton G. Barfoot and Noreen V. Barfoot, the 84-308 COMMON COUNCIL OCTOBER 12, 1993 said property being described in the Schedule "A" attached hereto and in the deed to them from Gerald and Terry Magee per Mortgagees which is dated May 12, 1992 and was recorded on May 15, 1992 in book 1572 at pages 316-325 as number 378069: BE IT RESOLVED that Clayton G. Barfoot and Noreen V. Barfoot are hereby required to remedy the said unsightly condition of their property within twenty (20) days after a notice from the Building Inspector of the City of Saint John is served upon them by removing the unsightly items from the property: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve a notice upon Clayton G. Barfoot and Noreen V. Barfoot requiring them to remedy the unsightly condition within twenty (20) days after the service of the notice upon them: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John and such persons and equipment as he may require to help him are hereby authorized to enter upon the property to remove the unsightly items in the event that Clayton G. Barfoot and Noreen V. Barfoot do not comply with this notice, and the Building Inspector shall dispose of the unsightly items in such reasonable manner as may be appropriate; in the event that he is able to sell the unsightly items, then any money received shall be applied first to any removal and disposal costs incurred by the City and any excess shall be paid to Clayton G. Barfoot and Noreen V. Barfoot: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a court action to recover any costs which the City incurs in remedying the unsightly condition in the event that Clayton G. Barfoot and Noreen V. Barfoot do not comply with the Building Inspector's notice.". (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. Ms. Yvonne LeBlanc of 27 Golden Grove Road addressed Council, on behalf of the persons whose signatures appeared on the previously-submitted petition, concerning the base sound of the music coming from the 3 Mile Tavern, with the request that the sound be lowered to a reasonable level to allow people in the Glen Falls area to sleep nights between 10:30 p.m. to 2:30 a.m.; and read the previously- submitted report commenting on other problems in the area of the Tavern. (Councillor Trites re-entered the meeting during the above presentation.) Consideration was also given to the letter from Mr. Peter C. Bardsley, President of 3 Mile Beverage Room (1978) Ltd., advising how he is addressing some of the concerns raised by residents living near his business on Golden Grove Road, and that he is well aware of Mrs. LeBlanc's concerns and has been working at solving these problems; requesting Council to grant the City Manager the power to negotiate with him on a lease and/or purchase option on a slightly increased piece of property between McAllister Drive and the end of his property on Golden Grove Road, which would allowhim to provide ample parking for his patrons and keep them away from the nearby houses; and also advising that he will keep the City Manager posted on the result of the acoustic audit. During discussion, Mr. Totten advised that staff will meet with Mr. Bardsley, hopefully, before the end of this week, and will try to expedite the process and report to Council as soon as possible; however, there is not a ten-day solution to this issue but rather a plan that has to be worked out with Mr. Bardsley as he is putting forth a number of recommendations dealing with street closures, surveying and the completion of the road construction; and Mrs. LeBlanc, referencing a submitted copy of a newspaper excerpt on Third Street teenage dances at the 3 Mile Tavern, questioned the legality and propriety of children being in a tavern. On motion of Councillor Trites Seconded by Councillor McAlary 84-309 COMMON COUNCIL OCTOBER 12, 1993 RESOLVED that the presentation of Mrs. Yvonne LeBlanc, concerning problems in the area of the 3 Mile Tavern, and the letter from Mr. Peter C. Bardsley, President of 3 Mile Beverage Room (1978) Ltd., be referred to the City Manager for a full report to Council. The Mayor noted that Council, according to procedure, normally does not consider a motion on a presentation until later in the meeting. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract PC00001 0056 William & Sons Limited Supply/install aluminum roof coating Rothesay Avenue Original contract amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated October 5, 1993 Holdback release. $19,985.00 19,985.00 Nil 16,987.25 $ 2,997.75 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 93-5, Brookview Crescent- Westfield Road Storm Sewers Kevin H. Steele Contracting Ltd. Original estimated value of work Total work done, Estimate Number Three Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Three, dated October 5, 1993 Final holdback release. $ 13,245.47 $91,875.75 86,532.27 Nil 73,286.80 13,245.47 866.53 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Akzo Salt Ltd. be accepted for the supply and delivery of highway salt for the 1993-94 season, at a cost of $35.12 per tonne. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that as recommended by the 84-31 0 COMMON COUNCIL OCTOBER 12, 1993 City Manager, the low tender of Del Equipment Ltd., in the amount of $23,750 (plus taxes), be accepted for the supply and installation of one (1) only front and wing plow attachment. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of Les Equipments Colpron Inc., in the amount of $8,425 each (plus taxes), be accepted for the supply of two (2) tow-type salters. Question being taken, the motion was carried. Read a report from the City Manager advising that, with regard to the request to Council on October 4 of the Saint John Learning Exchange for a contribution of $1,500 toward the cost of renting Harbour Station, clearly staff's position must be that the City should not establish a precedent of subsidizing rates that have been established by the Saint John Regional Exhibition Centre Commission after due consideration has been given to establishing a rate structure for Harbour Station which was deemed necessary and appropriate to encourage use of the facility as well as to recover costs; noting that a request for the City to become involved in supporting the efforts of a community support group such as the Learning Exchange is not uncommon as Council routinely deals with a number of such requests; suggesting that there are corporations in the community which may very well want to become involved in sponsoring such a worthwhile event as that proposed by the Learning Exchange; and submitting a recommendation in this regard. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, in light of the concerns with respect to the City's financial position in 1994, the Saint John Learning Exchange be advised that the City is unable to commit to being a corporate sponsor for its fund-raising event. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of ESNR Operations, Ltd., in the amount of $27,800 (plus taxes), be accepted for the servicing of the City's Musquash transformer. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the letter to Council on September 27 from Uptown Saint John concerning a proposed expansion of the Business Improvement Area boundaries, the proposed boundary expansion includes six properties: Harbour Station, two properties which comprise the Smythe Street parking lot (one owned by the Port Corporation, the other by the City), a transformer site owned by the Power Commission, a shoreline lot owned by the Port Corporation, and the Red Rose Tea building site which is comprised of 15 separate lots, but for purposes of this report may be considered one property; suggesting that, as the Saint John Parking Commission is a user of the two properties owned by the City and the Port Corporation at Smythe Street (the Smythe Street parking lot) and will discuss the proposed boundary expansion on October 28, Council should consider the Commission's comments prior to confirming its final response to Uptown Saint John Inc.'s application; commenting on the apparent advantages for properties included in the BIA boundary, and concluding that, with the possible exception of Harbour Station, there is a clear financial and public benefit to including City-owned properties in the proposed BIA boundary expansion and it is anticipated 84-311 COMMON COUNCIL OCTOBER 12, 1993 that any cost would be more than offset by leverage of agreement and private-sector funds and by future development which may be facilitated. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council submit a preliminary comment to Uptown Saint John Inc. that the proposal for expansion of the BIA boundary be amended to exclude the Harbour Station property, until such time as the status of the BIA levy on Harbour Station is resolved. Question being taken, the motion was carried with Councillor Rogers voting "nay". 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 September 27, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Acting City Manager, Council approve an extension of the leachate collection piping system by extending the terms of the current closeout contract with Galbraith Construction Ltd., providing approval can be secured with the Provincial Department of the Environment to cost share this work on a 50/50 basis. Tuesday, October 12, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. Councillor Knibb suggested that the above motion should make reference to the Spruce Lake landfill site. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the Acting City Manager, Council approve an extension of the leachate collection piping system at the Spruce Lake landfill site by extending the terms of the current closeout contract with Galbraith Construction Ltd., providing approval can be secured with the Provincial Department of the Environment to cost share this work on a 50/50 basis. 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 October 4, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, a 10-foot portion of land adjoining the property at 240 Mark Drive owned by Mark McNamara be sold to him 84-312 COMMON COUNCIL OCTOBER 12, 1993 under the following terms and conditions: (1) the purchase price to be $1,000; (2) Mr. McNamara to be responsible for all costs of survey and subdivision necessary to create the parcel; and (3) the parcel of land to be sold to Mr. McNamara is to be consolidated with his adjoining property. 2. That as recommended by the City Manager, Common Council forward to Mr. Khalid Malik of Rockwood Park Waterslides Ltd. the submitted response to his letters dated August 12 and September 23, 1993. 3. That (1) Common Council approve the name change of the Major Tournament Committee to Venue Saint John; (2) Common Council approve the submitted Terms of Reference for Venue Saint John; and (3) the following persons be appointed to Venue Saint John:- J. W. (Joe) Flynn, Chairman; Carl White, Norman McFarlane, Bernard Lunney, Tom Mantle and Tensie Kierstead. Tuesday, October 12, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase 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. Consideration was given to a report from the Planning Advisory Committee advising that it again considered the application of Bev Mills for a Municipal Plan amendment and re-zoning of 1414 Hickey Road, which was tabled at the public hearing of September 27, and that the applicant was present at the Committee's October 5 meeting and was in agreement with the submitted Planning staff report, and no one appeared in opposition to the application; also advising that the area to be re- zoned is illustrated on the submitted map and is less than was originally advertised; and recommending that (1) Schedule 2-A of the Municipal Development Plan be amended by redesignating, from Low Density Residential to District Centre Commercial classification, a portion of a parcel of land, having a width of 70 feet on the western side of the lot, extending from the street line to the rear lot line, located at 1414 Hickey Road and being part of NBGIC Number 55007058; and (2) the same area be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions:- (a) a parking area to accommodate a maximum of 8 vehicles be provided, and the board-on-board fencing and landscaping to a width of at least 2 metres (6.6 feet) be installed around the parking area, except for provision of an access on the east side as illustrated on a site plan to be approved by the Development Officer; (b) siding be installed on the repair garage; (c) the hours of operation be limited to Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon; and (d) the required site improvements be completed by August 31, 1994. 84-313 COMMON COUNCIL OCTOBER 12, 1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, a portion of a parcel of land, having a width of 70 feet on the western side of the lot, extending from the street line to the rear lot line, located at 1414 Hickey Road and being part of NBGIC Number 55007058, from Low Density Residential to District Centre Commercial classification, be read a first time. Councillor Trites asked whether or not, if the site improvements included in Section 39 condition (d) are not completed by August 31, 1994, the re-zoning would revert automatically to residential or if Council would be required to take such action, to which Mr. Baird replied that Council action would be required. Councillor Trites asked that, prior to third reading, the City Solicitor and Planning staff report to Council on whether or not a condition could be included that, if the site improvements are not made by August 31, 1994, the site automatically reverts to its initial zoning. 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 Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, a portion of a parcel of land, having a width of 70 feet on the western side of the lot, extending from the street line to the rear lot line, located at 1414 Hickey Road and being part of NBGIC Number 55007058, from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning portion of a parcel of land, having a width of 70 feet on the western side of the lot, extending from the street line to the rear lot line, located at 1414 Hickey Road and being part of NBGIC Number 55007058, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. 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 McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning portion of a parcel of land, having a width of 70 feet on the western side of the lot, extending from the street line to the rear lot line, located at 1414 Hickey Road and being part of NBGIC Number 55007058, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. 84-314 COMMON COUNCIL OCTOBER 12, 1993 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 Coughlan RESOLVED that the application of Mr. Keith Haley for the re-zoning of 82 Mecklenburg Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 22, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. William Reynolds expressing the opinion, in view of Common Council resolution of September 27 again refusing to assume the responsibility of removing the snow from the Lime Kiln Road, that Council has been supplied with many inaccuracies concerning this topic; and commenting further in this regard -- be laid on the table for one week. Councillor Knibb withdrew his motion to receive and file the above letter in view of the Mayor's request that the matter be tabled for one week. In response to the Mayor's query as to whether or not anything in Mr. Reynolds' letter is different from Mr. Robichaud's understanding of the situation when he indicated that the City should not plow Lime Kiln Road, Mr. Robichaud advised that there has been no change. Councillor Coughlan suggested that Council should be provided with an explanation at the next meeting. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor M. Vincent voting "nay" Common Clerk