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1998-05-04_Minutes 87-18 COMMON COUNCIL MAY 4,1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of May, AD. 1998, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend George Davis, Pastor of the Saint John Alliance Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on April 27, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the mulch pick-up for citizens on May 9 at Rockwood Park for a donation to the Salvation Army; and proclaimed May 4 to 10 as Elizabeth Fry Week in the City of Saint John in recognition of her efforts in prison reform and her inspiration of the formation of the Elizabeth Fry Society to support women and girls in conflict with the law. Mayor McAlary also proclaimed May 10 to 16 as National Police Week in the City of Saint John. The Mayor recognized the presence at the meeting of Co-Chairs of the Play Ball 98 Committee Andy MacGillivray and Paul McGraw who, having distributed information packages on the 10th Anniversary of Play Ball for St. Joseph's, addressed Council in turn in this regard, extending an invitation for participation in this event to be held at the Forest Hills Ball Fields on Saturday, June 13. It was noted that Mayor McAlary was the Honourary Chairman of the 1998 Play Ball fund-raiser. Mayor McAlary called upon Trevor Holder, Vice President of the United Empire Loyalists Association for the New Brunswick Branch, who commented on the annual flag raising ceremony and the Mayor's reception on May 18 in celebration of Loyalist Day and the City's birthday. The opening of Loyalist House on May 18 was noted. The Mayor noted that there would be no Council meeting on May 11 which is the date of the municipal election, and that the next regular meeting of Common Council would be held on Tuesday, May 19. 87-19 COMMON COUNCIL MAY 4,1998 Mr. Butler apprised Council of the efforts of six City of Saint John Visitor and Information Centre staff in attaining the Canadian Tourism Human Resource Counsel Certification - Tourism Visitor Information Counsellor, a nationally-recognized standard of professional competence in the tourism industry, becoming the first municipal employees in the Province of New Brunswick to achieve this qualification, these six people being Paula Harris, Jeanne Dykeman, Ngaire Nelson, Krista Bjurstrom, Alexis Kinley and Sue Galley; and extended congratulations to them. Tourism Officer Shirley Elliott and Mayor McAlary presented certificates to Mmes. Harris, Dykeman, Nelson, Bjurstom and Kinley. Mayor McAlary noted that two members of Common Council were not reoffering for election; and recognized, in turn, the services to the City of Saint John of Councillors Gould and Knibb, each to whom she presented a plaque in recognition of their contribution to the City, followed by a standing ovation. In accepting their plaques, Councillors Gould and Knibb spoke on their experience in serving on Common Council. 4. Re Public HearinQs On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the matter of holding public hearings in open session of Council prior to Council receiving the recommendation from the Planning Advisory Committee be referred to the City Solicitor and appropriate staff to review the issue and a report to Council with a view to delaying Common Council's public hearing on the matter until such a time that the Planning Advisory Committee's recommendation was available. Councillor Fitzpatrick noted that, with regard to the proposed re-zoning of property on McAllister Drive for which the public hearing was held on March 30, there were people who requested to address Council at the April 27 meeting when Council received the Planning Advisory Committee's recommendation; and expressed the view that holding a public hearing and postponing a decision because of not having the Committee's recommendation frustrated the individuals who would like to speak after the fact and it was not fair to them or to Council to hold a public hearing without the Committee's recommendation. The Mayor asked that staff's report make Council fully aware of the time delay if the suggested process were adopted. Question being taken, the motion was carried. 5. Building By-Law Amendment Re National BuildinQ Code On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the report from the City Manager regarding the Minister of Municipalities, Culture and Housing's indication that, effective May 1, 1998, the Province of New Brunswick would formally adopt the 1995 National Building Code of Canada and, this being the case and pursuant to the Metric Conversion Act, the City of Saint John was obliged to adopt the new Code; and recommending that (1) Common Council give first and second readings to the submitted By-Law to Amend a By-Law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John; and (2) the proposed By-Law be referred to the Planning Advisory Committee for a written response; and (3) receive and file this report -- be received and referred to the Planning Advisory Committee for a written response. Question being taken, the motion was carried. 87 -20 COMMON COUNCIL MAY 4,1998 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", with regard to the 1995 National Building Code, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", with regard to the 1995 National Building Code, be read a second time. Deputy Mayor Chase asked the difference between the 1995 National Building Code and the 1990 Code and if the adoption of the 1995 Code was of a housekeeping nature in order to keep up with the Building Code of Canada or if there were substantive changes to be effected and enforced, to which Mr. Edwards, in offering to make available to Council a copy of the approximate 600-page 1995 National Building Code, advised that the amendment would be both housekeeping as it would keep the City up to date with the current standard in Canada, and make substantive changes, some which would be more and some which would be less restrictive. The Mayor suggested that Council could be advised of the major changes prior to third reading, to which Mr. Edwards advised that he would undertake to do so. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the City Manager's report in the above regard be received and filed. Question being taken, the motion was carried. 6. Purchase Of Municipal Services Easement At 47 Colpitts Avenue Read a report from the City Manager advising of the City's need for an easement and rights to enter upon the property located at 47 Colpitts Avenue owned by Theodore and Josephine Lomax to give the City rights to maintain, repair and replace the existing water and sewerage services to 48 Colpitts Avenue which were inadvertently installed on the Lomax property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of an easement for water and sewer services and rights to enter upon approximately 21 square metres of property owned by Theodore and Josephine Lomax at 47 Colpitts Avenue to maintain, repair and replace existing water and sewer lines, for $800 plus any applicable taxes, 87 -21 COMMON COUNCIL MAY 4,1998 provided that, whenever excavation is made upon the easement, the City shall at its expense restore and replace the asphalt driveway from the point of excavation to the City street line; that the City pay reasonable legal expenses incurred by the owners; and that the Mayor and Common Clerk be authorized to execute all documentation necessary to give effect to this resolution. Question being taken, the motion was carried. 7. Purchase Of Municipal Services Easement at 667 Tippett Drive Consideration was given to a report from the City Manager advising of the City's need for an easement through three Tippett Drive properties to construct, maintain, repair and replace a storm sewer, together with the rights when necessary to enter upon the property to carry out the work required to construct, maintain, repair and replace such a storm sewer, and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of (a) an approximately 34- square metre easement on Tippett Drive for a storm sewer and the rights to enter upon the easement owned by Lawrence and Marion Brown to construct, maintain, repair and replace a storm sewer, for $440 plus any applicable taxes, provided that the concrete slab located within the easement, which must be removed, will be replaced with asphalt and the driveway from the former concrete slab to the street be paved with asphalt; (b) an approximately 57-square metre easement on Tippett Drive for a storm sewer and the rights to enter upon the easement owned by Suzanne Pelletier and Leonce Sonier to construct, maintain, repair and replace a storm sewer, for $900 plus applicable taxes, provided that the utility building located within the easement will be replaced back to its original position if the owners request the same, and the owners will be permitted to maintain the said utility building and fences within the easement provided, however, the building is not to have a concrete foundation or concrete slab floor and, prior to construction, a survey be done of the condition of the foundation of the owner's residence; (c) an approximately 121-square metre easement on Tippett Drive for a storm sewer and the rights to enter upon the easement owned by Edward St. Coeur to construct, maintain, repair and replace a storm sewer, for $705 pus applicable taxes, provided that an existing storm drain on the owner's property be discontinued and the owner be allowed to place fill over this pipe; and (d) the City pay reasonable legal expenses incurred by the owners and the Mayor and Common Clerk be authorized to execute all documentation necessary to give effect to this resolution. ((a) Rescinded July 27, 1998 Bk. 87 Pg. 125 ) Question being taken, the motion was carried. 8. Purchase Of Land For Street RiQht-Of-Wav. 96 CraiQ Crescent Read a report from the City Manager advising that the City was recently made aware of the encroachment of the street on the property located at 96 Craig Crescent, and that Ruth and Terrance Saulnier have accepted an offer of $35 per square metre plus legal expenses for the approximately 6 square metres of land required by the City to eliminate the encroachment; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of approximately 6 square metes of land at 96 Craig Crescent from Ruth and Terrance Saulnier for $35 per square metre plus applicable taxes, and the City pay reasonable legal expenses incurred by the owner, and that the Mayor and Common Clerk be authorized to execute 87 -22 COMMON COUNCIL MAY 4,1998 all documentation necessary to give effect to this resolution. Question being taken, the motion was carried. 9. Subdivision To Create "Skaling Court" And Parcel B & Sale Of Parcel B Consideration was given to a report from the City Manager advising that the new owner of Millidgefield Apartments, SAI Properties Ltd., wants to resolve the encroachment of Unit 6 upon Skaling Court, such matter never settled shortly after the City granted an easement for this encroachment on January 18, 1988 although shortly thereafter a plan illustrating the new Skaling Court was prepared; submitting a copy of a new plan which more accurately illustrates an alignment for Skaling Court which both encompasses the asphalted surfaces of the road and eliminates the encroachment of building Unit 6; and setting out a recommendation for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize (a) by way of subdivision, the creation of a public street known as "Skaling Court" and Parcel B, as generally shown on the submitted plan; (b) the sale of Parcel B to SAI Properties Ltd. for the purchase price of one dollar plus applicable taxes and related land transfer fees; and (c) the Mayor and Common Clerk to execute the required documentation. Question being taken, the motion was carried. 10. HIP Applications #61 & #62 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the following Housing Incentive Program applications: HIP #61 - Sierra Supplies Ltd. for an estimated grant of $12,000 for a development on Martha Avenue; and HIP #62 - Eastcan Trading Ltd. for an estimated grant of $36,200 for a development on Honeysuckle Drive. Question being taken, the motion was carried. 11. Requests For Extension To Water Distribution System On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager referring to the numerous requests over the years for extension of the City's water services, most recently from two areas - Ragged Point Road and Cottage Road where individual citizens seek to have services extended to their homes, and Old Black River Road (adjacent to Cottage Road) which was also been identified as one of a number of other areas for possible extension; advising of the estimated costs associated to provide water and sewerage services to Ragged Point Road and to provide water services to Cottage Road and Old Black River Road; and concluding that the Saint John Water Strategy, slated for completion in September, would include an evaluation of the issue of extensions to the existing water distribution system to areas currently not serviced and, with the help of that study, criteria should then be established by Council policy for evaluating any and all requests for water service extension -- be received and filed and a copy be forwarded to the citizens concerned. Question being taken, the motion was carried. 87 -23 COMMON COUNCIL MAY 4,1998 12. Private Sewage Disposal System At 945 Old Black River Road Consideration was given to a report from the City Manager submitting the following pieces of correspondence further to the request at the last meeting for a written response from Public Health Services with respect to the sewage disposal system at 945 Old Black River Road: (1) the original January 8, 1998 comments made when the re-zoning application was being considered, as included in the staff report concerning the re-zoning; (2) a further comment dated May 1, 1998 concerning the nature of the investigation being undertaken at that time; and (3) a general response dated April 30, 1998 concerning the potential contamination of private wells, as well as a plan prepared to illustrate the relative locations of the property at 945 Old Black River Road, Walter Peterson's property and the present water tower and line; and recommending that this report be received and filed and a copy be forwarded to Mr. Peterson. Councillor Knibb proposed a motion, which was seconded by Councillor Fitzpatrick, to adopt the City Manager's recommendation to receive and file the above report and forward a copy to Mr. Peterson. Councillor Brown expressed the view that the above-mentioned letter of January 8, 1998 from the Public Health Inspector said absolutely nothing in that the Inspector indicated that he was not sure if the two on-site sewage systems were installed to standards, although, based on the fact that he had not received complaints that either was malfunctioning, the situation was a fait accompli, no new buildings or on-site systems were permissable, those that existed did not appear presently to be causing nuisance problems and, with this in view, he did not presently have any grounds for opposing the re-zoning application. Councillor Brown suggested that this had to change or the City would be no further ahead in future situations, and that staff, thorough the City Manager, should open the line of communication with the Board of Health and the Department of the Environment and try to bring to the table a little more structure to this and also that permits granted by the Department of the Environment were part of the City's structure when granting a building permit on these lots, and that nothing should go ahead until the three of them tie together. Upon Councillor Brown's indication that he would like to propose a motion to the latter effect or an amendment to the motion, the Mayor suggested that it would have to a separate motion as it did not go with the motion that was on the floor. Councillor Trites advised his intent to vote against the motion, although it could be withdrawn, as he had much the same concern as that expressed by Councillor Brown, and noted that, as far as indepth knowledge about what was on the site in question was concerned, the May 1, 1998 letter from the Public Health Inspector indicated that, as far as he could determine speaking with the previous health inspector for the area and examining the records, this system was not approved by the Department of Health and Community Services or finally inspected by a representative of the Department before it was covered. Councillor Trites suggested that there was something wrong in terms of the City's ability and the Departments of Health and the Environment's ability or desire to properly protect the groundwater in all areas of the Province, not just the property in question, and that the matter should be referred to the District Medical Health Officer with the City's concern that the present system of inspection and approval, or the ability to carry on without approval, was something that had to be looked at. The proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Brown Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager to start communication among City staff, the District Medical Health Officer and the Department of the Environment to see if there is a way to tie together the application for building and placement of septic systems and the protection of groundwater so that everyone is communicating at the time when development is happening, and also refer the matter to the Cities of New Brunswick Association. 87-24 COMMON COUNCIL MAY 4,1998 Question being taken, the referral motion was carried. 13. Municipal Plan Amendment And Re-Zoning Of 162 And 177-187 Manners Sutton Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Hughes Surveys & Consultants Ltd. on behalf of G.A (Sandy) Robertson, and that the date for written objections expired on April 29, 1998 with written objections having been received from Janet E. Beyea and Donald J. Beyea and Janet and Michael Donahue, as well as a letter from H. Sauerteig in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Hughes Surveys & Consultants Ltd. on behalf of G.A (Sandy) Robertson for a Municipal Plan amendment and re-zoning of property at 162 and 177-187 Manners Sutton Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 15, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillors Trites and Waldschutz withdrew from the meeting as they were not present for the March 30 public hearing for the proposed re-zoning of property at 111-113 McAllister Drive.) 14. Zoning By-Law Amendment To Re-Zone 111-113 McAllister Drive On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 100-469 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land accommodating the first phase of the proposed development (including area for a future street right-of-way) located at 111-113 McAllister Drive, having a frontage of approximately 230 feet on McAllister Drive, a depth of approximately 300 feet, and an area of approximately 1.6 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the use of the site is limited to the proposed Phase 1 development, consisting of a restaurant and associated parking area, together with an area reserved for a future 66-foot street right- of-way adjacent to the Simonds Arena property; (b) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) access to the Phase 1 development from McAllister Drive is limited to the signalized intersection; (e) all utilities, including power and telephone, must be provided underground; (f) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until 87-25 COMMON COUNCIL MAY 4,1998 the required site plan is approved, and such site plan will be attached to the building permit for the development; (h) all site improvements as shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval; and (i) the 66-foot-wide area adjacent to the Simonds Arena property must be developed as a public street by the Exhibition Association when commercial development occurs to the rear of the subject site, to the rear of the Simonds Arena property or on the land currently owned by the Exhibition Association on the opposite side of McAllister Drive. The by-law entitled, "By-Law Number C.P. 100-469 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". (Councillors Trites and Waldschutz re-entered, and Councillor Vincent withdrew from the meeting as he was not present for the April 27 public hearing for the proposed re-zoning of property at 42 Clarendon Street.) 15. Zoning By-Law Amendment To Re-Zone 42 Clarendon Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-470 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 1860 square metres (20,022 square feet) of land situated at 42 Clarendon Street (NBGIC Number 380527), being at the intersection of Clarendon Street and Douglas Street, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto:: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to conditions that would: (a) require the existing driveway in front of the attached garage and the new driveway (for the proposed parking area) from the street parallel to the front facade of the attached garage to be paved; and (b) the work mentioned in clause (a) be completed within six (6) months from the issuance of the required building permit for the proposed apartment building. The by-law entitled, "By-Law Number C.P. 100-470 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Vincent re-entered the meeting.) 16. Planning Advisory Committee - Subdivision Re Municipal Services And Public Utility Easements - 111-113 McAllister Drive On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan for the proposed lot at 111-113 McAllister Drive with respect to any required municipal services easements and public utility easements. Question being taken, the motion was carried. 87 -26 COMMON COUNCIL MAY 4,1998 17. B.S. Scott - Concern Traffic On Broad Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from B.S. Scott expressing concern about the ever-increasing traffic on Broad Street in that, with the re-routing of salt trucks, normal living was almost an impossibility; and expressing the hope that Common Council would endeavour to reduce, not increase, traffic on Broad Street -- be referred to the City Manager. Question being taken, the motion was carried. 18. Garry Prosser Re (a) Water Run-Off, (b) Common Land, (c) Sidewalk Required, (d) Integrity Of Red Head Road FrontinQ - Harbourview Subdivision 18{a) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Garry Prosser asking for attention to a safety and health concern with regard to blocked surface water run-off creating a small pond on City property in Harbourview Subdivision -- be referred to the City Manager. Question being taken, the motion was carried. 18{b) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Garry Prosser asking for a response with regard to the issue of no common land having been allowed in the Harbourview Subdivision -- be referred to the City Manager. Councillor Knibb initially proposed a motion, which was not seconded, to receive and file the above letter. Question being taken, the motion was carried. 18{c) On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the letter from Garry Prosser asking for assurance that a sidewalk would be built opposite the school bus staging area in the Harbourview Subdivision -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 18{d) On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter from Garry Prosser asking for an update on the integrity of the Red Head Road fronting on the 87 -27 COMMON COUNCIL MAY 4,1998 Harbourview Subdivision and a replacement road, both emergency by-pass and a new road -- be referred to the City Manager and the Provincial Government. Question being taken, the motion was carried. 19. Sandra L. Wood - Application To Re-Zone 1925 Golden Grove Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Sandra L. Wood for the re-zoning of property at 1925 Golden Grove Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 15, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 20. Greater Saint John Economic Development Commission, Incorporated - Receipt Of Common Council Resolution April 14. 1998 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Greater Saint John Economic Development Commission, Incorporated, confirming receipt of Common Council resolution of April 14, 1998 authorizing the Commission to undertake certain activities on behalf of the City and adopting the strategies of the Commission, as well as authorizing funding for the Commission for the balance of 1998 -- be received and filed. Question being taken, the motion was carried. 21. Barbara Munroe - Follow-Up To April 27 Presentation Re Extension Of Water Services. RaQQed Point Road On motion of Councillor Waldschutz Seconded by Deputy Mayor Chase RESOLVED that the letter from Barbara Munroe in follow-up to her April 27 presentation to Council regarding the extension of water services down Ragged Point Road; advising that she was still waiting for a response to her questions in her letter considered by Council on March 16 and any other questions she had previously submitted -- be received and filed. Question being taken, the motion was carried. 22. Janet Doiron - Replacement Of Front Lawn - 366 Woodville Road On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that the letter from Janet Doiron of 366 Woodville Road advising that five years ago the City dug up her front lawn in order to replace water and sewage pipes and that, while over the last five years she has on dozens of occasions made calls asking that the lawn be replaced to the state it was in before the work was done, she received no response whatsoever up until last year when she had several calls with the Mayor and had supervisors from the City to her property on one occasion; and requesting that she be given a load of topsoil and lawn seed, although she did not feel it was up to her to repair something that was in excellent condition before the work was done -- be referred to the City Manager. 87 -28 COMMON COUNCIL MAY 4,1998 Question being taken, the motion was carried. 23. Cruise Saint John Meet & Greet Committee - Request For City Participation On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Cruise Saint John Meet & Greet Committee requesting the City of Saint John's participation in its program in 1998 -- be received and filed and Council confirm the City's $5,000 commitment and assistance to the Committee in the cruise ship visits this year. Question being taken, the motion was carried. 23A. Fundy Region Solid Waste Commission Re Diversion Committee Pilot Project On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from Don Shaw, Waste Diversion Coordinator of the Fundy Region Solid Waste Commission, apologizing for his neglect in asking for permission to place signs at the entrances to Champlain Heights for the Fundy Region Diversion Committee pilot project; submitting photographs of these signs, and advising that similar signage was planned for the Lorneville entrance and at the depot locations -- be received and filed and permission be granted for the sign placement. During Councillor Vincent's questions about a tanker truck hauling residual water from the Crane Mountain landfill to a site on Fairville Boulevard, the Mayor made the observation that the above letter was dealing with a recycling project and not particularly with the Crane Mountain site. Councillor Trites, on a point of order, noted that Councillor Waldschutz was given the latitude to introduce blowing and piling of salt and a crossing guard under item 17 which dealt with traffic, and suggested that the same privilege should be extended to other Councillors. The Mayor noted the motion on the floor, and called for the question. Question being taken, the motion was carried. 23B. H. Sauerteig Re East Side Welding Ltd.. 945 Old Black River Road On motion of Councillor Gould Seconded by Councillor Ball RESOLVED that the letter from H. Sauerteig referring to recent correspondence to Council from the City Manager and the City Solicitor regarding East Side Welding Ltd. at 945 Old Black River Road, as well as a presentation by Eric Teed to Council in this regard; and suggesting that a second legal opinion should be obtained before this ends up in court -- be referred to the City Manager for response. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned 87 -29 COMMON COUNCIL MAY 4,1998 and a Committee of the Whole meeting of Council be held. Question being taken, the motion was carried. Common Clerk