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1995-04-18_Minutes 85-235 COMMON COUNCIL APRIL 18,1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the eighteenth day of April, AD. 1995, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Knibb, 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, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; J. Baird, Manager- Development Division, Planning; D. Logan, Purchasing Agent; P. Asimakos, Planner; G. Tait, Fire Chief; G. Watson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 10, 1995, be approved. Question being taken, the motion was carried. 3. Municipal Plan And Zoning By-Law Amendments HiQhway 7 (Crane Mountain) The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land containing an area of approximately 330 acres and fronting on Highway 7 (Crane Mountain) at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301,55043293 and portions of NBGIC Numbers 55086987 and 55087019, from Rural to Heavy Industrial classification; (b) the proposed re-zoning of the same parcel of land from "RF" Rural and "P" Park to "1-2" Heavy Industrial classification; and (c) a proposed Zoning By-Law text amendment with respect to Section 630 to (i) delete the words "subject to subsection (2)(e) & (f), municipal sanitary landfill" and insert the words "subject to subsection (2)(e) & (h), a sanitary landfill", in subsection 630(1)(b); (ii) delete the word "municipal" in subsection 630(2)(e); (iii) delete the words "a municipal sanitary landfill" in subsection 630(2)(f); and (iv) add a new subsection 630(2)(h) to read as follows: "(h) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms.", to (1) permit the development and use of the parcel of land for a sanitary landfill facility, as well as possible recycling and composting facilities, for the Fundy Region; (2) remove the reference to municipal ownership of a sanitary landfill in the "1- 2" Heavy Industrial zone; and (3) delete the requirement that a sanitary landfill in the "1- 2" Heavy Industrial zone be enclosed with a painted, solid fence, and replace it with a requirement for natural buffering and/or constructed earth berms, as requested by Fundy SWAT, and that 3{e) letters of objection have been received from Mrs. Mildred Crawford, Julie Dingwell, Eric M. Smith, Melissa G. Carr, Jim & Beatty Stubbs, and Norman Ferguson; and that letters have also been received from 3{f) PURE SJ with respect to its initiation of a project to review and promote a solid waste alternative plan (SWAP); M9.l the River Road Concerned Citizens Committee suggesting that, whereas Council will grant Mr. Bill Artiss of Fundy SWAT the opportunity to address the issue of 85-236 COMMON COUNCIL APRIL 18,1995 delay of the proceedings in Fundy SWAT's re-zoning application, third parties, such as the River Road community residents as well as those from Lorneville, must be afforded the same opportunity; and 3{h) the River Road Concerned Citizens Committee concerning the Planning Advisory Committee's decision to refuse the Crane Mountain re-zoning application. 3{d) Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's February 21 and March 29 meetings, as well as of presentations, briefs and a petition submitted at the subject meetings and Fundy SWAT's letter in response to issues raised at the February 21, 1995 meeting, and of additional letters and a petition received by the Committee; advising of the details of its meetings with respect to the subject application of Fundy SWAT; and recommending that the application be denied. Mayor Higgins, referring to item 3(g) requesting to address Council on Fundy SWAT's previous request to delay this public hearing, made the observation that this would need eight affirmative votes of Council; and called for a motion to hear the Fundy SWAT representative prior to the public hearing. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Mr. W. Artiss of Fundy SWAT be invited to address Council at this time prior to the public hearing on the above matter. Question being taken, the motion was carried. Mr. W. Artiss, Chairman of Fundy SWAT, appeared before Council and explained that, with regard to Fundy SWAT's letter to Council at its April 10 meeting requesting postponement of this public hearing to give more time for Fundy SWAT to prepare detailed information with respect to alternatives, Fundy SWAT would like time to get more information regarding things raised in the public meetings, including other sites that are already operating containment landfills that are alternatives and the option of revising the idea of maximized recycling as a lot of things have happened with respect to recycling and composting since Fundy SWAT set aside recycling, including the idea of private sector operation in that Fundy SWAT had assumed that a composting facility would be operated by others but that it would operate the recycling facility and the landfill, and the possibility of private sector design, construction and operation of the whole facility has recently been put forward. Mr. Artiss expressed the view that a long-term contract to operate all of the facilities could result in savings that could well make this affordable and, as well, provision of composting and recycling would go a long way towards appeasing the critics by mitigating, if not eliminating, most of the concerns about problems with respect to leachate, ground water and surface water contamination, bears, gulls, coyotes, odour and so on and, to a large degree, aesthetics; and advised that, about ten days ago, Fundy SWAT met with a developer who is prepared to put forward a proposal in this regard for which Fundy SWAT requires about six weeks; and requested that this scheduled public hearing be cancelled and that it be re-advertised for some time in June in order for Fundy SWAT to put forth a proposal based on the latest and best information available. During discussion Mr. Artiss, in response to Council queries, explained that the reference in Fundy SWAT's letter to alternatives relates to the option of taking waste out of the region and the option of either of the Paddy's Hill or Crane Mountain site with recycling and composting added; and Mr. Rodgers explained that, if the application were withdrawn, then obviously Council would do nothing except approve the withdrawal and a new application could be submitted at some point in the future, and that, if a future application contains nothing different from what the Planning Advisory Committee has given its views on already, the Committee would not have to deal with the application; therefore, it is not an automatic situation that the Committee would have to deal with a new application as that would depend on what the application states; and advised that, as explained at the last Council meeting, the application can be withdrawn 85-237 COMMON COUNCIL APRIL 18,1995 but there is no provision for postponement of the public hearing, with the alternative to that being a cancellation of this public hearing and a new date set for a public hearing based on the current application. The Mayor noted the request to address Council in item 3(g). On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Mr. David Bowen, Chairman of the River Road Concerned Citizens Committee, be invited to address Council at this time. Councillor M. Vincent proposed a motion that the public hearing be held, whereupon the motion on the floor was noted. Question being taken, the motion was carried. Mr. David Bowen, Chairman of the River Road Concerned Citizens Committee, expressed the view that, having already dealt with this issue at the Planning Advisory Committee level and after attending the April 6 meeting of Fundy SWAT, it appears clear that this request for delay by Mr. Artiss is a strategic move to transfer the issue to the next Council as the discussion at the Fundy SWAT meeting related to improved odds of the proposals being more likely to be accepted by the new Council, and questioned the request for delay as the meeting did not vote to request the delay, nor was there a quorum of representative members present to make a decision. Mr. Bowen suggested that Fundy SWAT has considered the issues prior to publication of its EIA report which was released to the public in early January 1995 and has known since the EIA hearings of early February of the concerns by area residents regarding alternative sites, additional waste management components and negative impacts of the proposed sites which the residents deem unacceptable with or without recycling at the proposed locations; and asked to proceed with the public hearing and that, upon Council's refusal of the Fundy SWAT application, it is hoped that an appropriate site means of waste management will be pursued. On behalf of Lorneville residents, Mr. Bowen read a statement expressing the opinion that, as Fundy SWAT has had six years to develop its arguments in favour of the current application and Lorneville has lived too long with this uncertainty, a delay will do nothing but waste valuable time and more money and that, if Fundy SWAT is really interested in pursuing the alternatives, Common Council should let the people be heard now and a decision be made now and, if approved, work on alternatives would not be needed and, if not approved, Fundy SWAT could devote a hundred per cent of its efforts toward finding a suitable alternative; and referring to section 910 of the Zoning By-Law dealing with applications refused by Council on the basis that, if Council hears the application and denies it, there is nothing stopping Fundy SWAT from coming back with a better application within a year which would serve the public interest. With respect to a question of reapplication should Council deny the above application, Mr. Rodgers made the observation that, while it would be impossible for him to say now what new conditions there might be in order to justify an application under the section of the Zoning By-Law referenced by Mr. Bowen, Council should be aware that, if the public hearing is cancelled, Council would be dealing with the current application and would be restricted to whatever it allows Council to deal with at a subsequent public hearing, and also that, if Council refuses to go ahead after a public hearing with the re-zoning, the section takes effect with respect to the application not being permitted back for one year unless there is new evidence or new conditions but, overriding all of that, under the Zoning By-Law Council on its own initiative can start a re-zoning process at any time it so wishes. Councillor Knibb asked if a motion would be in order to which Mayor Higgins replied in the negative on the basis of a letter from Mr. Frank J. Hogan (copies of which were distributed to Council members at this meeting) requesting to address Council, and asked for a motion to add the letter to the agenda and grant Mr. Hogan's request. 85-238 COMMON COUNCIL APRIL 18,1995 On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from Mr. Frank J. Hogan of Hogan Law Office advising that he represents the Lorneville Community & Recreation Association in the matter of two proposed sites for a sanitary landfill - Martinon (Crane Mountain) and Paddy's Hill (Lorneville); expressing the understanding that Fundy SWAT has requested a cancellation of the public hearing in relation to a Municipal Plan amendment and re-zoning in this regard; and requesting to address Council before a decision is made on a delay -- be added to the agenda of this meeting, and that Council grant Mr. Hogan's request. Question being taken, the motion was carried. Mr. Frank Hogan, legal counsel for the Lorneville Community & Recreation Association, in addressing Council, made the observation that the uncertainty the Lorneville community is experiencing is real; and suggested that, as part of the terms of reference for the Provincial Environmental Impact Analysis was supposed to be the identification and analysis of alternatives, this work should have been done by now as it involved alternative sites as well as alternative technology, such as a maximum recycling facility. Mr. Hogan expressed the opinion that there are two issues before Council at this time, being the application in relation to two very specific sites and the information concerning other alternatives such as a maximum recycling facility, the latter which could, and may, be a part of any site regardless of what site is chosen; and suggested that, as he does not view that these two issues are connected, there is no reason why Common Council cannot proceed with the hearing and, if the people cannot convince Council that these sites are entirely unacceptable, both socially and environmentally, then Common Council can approve or deny the application; and that, if the public hearing proceeds at this meeting and Common Council refuses the application, there are things which have come up that could be part of a new submission if Fundy SWAT were forced to deal with the alternatives. Mr. Hogan expressed the view that, delaying this further with a set closure of the fall of 1996 for the Spruce Lake dump, would not do anything to advance the real exploration of the alternatives, but what it would do is advance a self-fulfilling prophesy of why there are no other answers or no other solutions than to locate the landfill at Crane Mountain or in Lorneville which, in his opinion, would waste another several months and another sum of money. On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that Common Council proceed with the public hearing immediately. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Knibb, Trites and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Tuesday, April 18, 1995 public hearing of the application of Fundy SWAT for Municipal Plan amendment and re-zoning for a sanitary landfill site at Crane Mountain on Highway 7 at the intersection of Highway 177, and a Zoning By-Law text amendment re Section 630, be cancelled, and that the necessary advertising be authorized for a public hearing in this regard on June 19, 1995 at 4:00 o'clock p.m. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Rogers and M. Vincent voting "nay". Following a brief recess, the Common Council meeting reconvened. 85-239 COMMON COUNCIL APRIL 18,1995 * Added Item On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED the letter from Councillor A. Vincent (copies of which were distributed to Council members at this meeting) regarding the expansion of the Belledune Port, be added to the agenda of this meeting for consideration as item 4A. Question being taken, the motion was carried. 4. Mayor's Remarks Mayor Higgins extended an invitation to Council and citizens to attend Heritage Saint John's first annual meeting at the Aitken Bicentennial Exhibition Centre on April 19; and extended a message of sympathy to the family of the late Mr. Frederick Haycox, who passed away on April 12, the late Mr. Haycox having been employed by the City of Saint John for 47 years as the first Sergeant-At-Mace to Common Council in addition to his position as Executive Assistant. Councillor Coughlan noted that the American Hockey League has awarded Saint John the AHL All-Star Classic to be held in mid-January 1997; and congratulated Mr. Jeff Perry on having been named the AHL CCM Man of the Year for his contribution to the community and charitable functions during the 1994-95 hockey season. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to Saint John Flames member, Mr. Jeff Perry, on having been named by the American Hockey League as the AHL CCM Man of the Year. Question being taken, the motion was carried. Councillor Rogers commented on the forthcoming visit to Saint John of the St. Michael's Boys' Choir on April 26 and 27, and Councillor M. Vincent questioned the placement of a trailer and outdoor facilities near a construction site on Midwood Avenue, the latter on which Mr. Totten commented on the basis that it was brought to his attention yesterday and, while he has not decided on a course of action at this time, he intends to take the matter under advisement and look after it tomorrow. *4A. Belledune Port Expansion Consideration was given to a letter from Councillor A. Vincent asking for Council's support for a resolution requesting a meeting with all MLAs of the area to protest the expansion of the Belledune Port at the expense of the Saint John Port. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the Mayor and City Manager request an emergency meeting with the Liberal Caucus of the area to discuss and protest the expansion of the Belledune Port, and further that Council respectfully notify MLA Elizabeth Weir of its intentions and solicit her support. Question being taken, the motion was carried. 5. Zoning By-Law Amendment Pits & Quarries ZoninQ 85-240 COMMON COUNCIL APRIL 18,1995 Consideration was given to a report from the City Manager referring to the Pits and Quarries Aggregate Resource Strategy on which Council provided the opportunity in May 1994 for anyone to comment, with feedback focused in two areas, the need to improve enforcement of existing regulations with respect to trucking and the operation of pits and quarries and the need for a zoning classification for pits and quarries; commenting on the preparation of the proposed new zoning classification for pits and quarries; and submitting a proposed Zoning By-Law text amendment in this regard. The report advises that the proposed "PQ" Pits and Quarries zone is intended to replace the existing Section 880 "Excavation of Land" of the Zoning By-Law as a new zoning classification and any new application for a pit or quarry, as well as existing pits and quarries, in the City will require a re-zoning to the new "PQ" zone; also advises that, with regard to the request by the Citizens Committee and residents that Council prohibit the development of new pits and quarries until such time as the new zone is valid, it has been determined that the 21-30 day period for advertising the proposed amendment and the requirement of Section 71 to initiate the advertising process within 14 days of Council adopting a prohibition, makes it impossible to meet the proposed June 19 public hearing date of the proposed amendment and that, if Council wishes to adopt a prohibition resolution, the public hearing date would be May 29, although the use of a Section 71 resolution is not recommended; and recommends that Common Council (1) set June 19, 1995 as the date of a public hearing and authorize advertisement for the submitted Zoning By-Law amendment which would create a new "PQ" Pits and Quarries zone, re-zone existing pits and quarries, and delete Section 880 of the Zoning By-Law; and (2) refer the amendment to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council (1) set Tuesday, July 4, 1995 as the date of a public hearing and authorize advertisement for the submitted Zoning By-Law amendment which would create a new "PQ" Pits and Quarries zone, re-zone existing pits and quarries, and delete Section 880 of the Zoning By-Law; and (2) refer the amendment to the Planning Advisory Committee for a report and recommendation. Councillor M. Vincent made the observation that Council, earlier in the meeting set June 19 as the public hearing date for the Crane Mountain issue, whereupon Mr. Totten recommended that the public hearing for the above-proposed amendment be scheduled for July 4, and the initial motion to adopt the recommendation in the above report was changed to reflect the public hearing date change. Question being taken, the motion was carried. (Mayor Higgins withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 6. Tender For Groundwater TestinQ On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of SGS Canada Inc., Saint John, be accepted for the establishment of a two-year supply agreement for the provision of water sampling and testing services at the Spruce Lake landfill site, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 7. Tender For Supply Of Trees On motion of Councillor Knibb Seconded by Councillor Chase 85-241 COMMON COUNCIL APRIL 18,1995 RESOLVED that as recommended by the City Manager, the tender for the supply of trees be awarded to the low tenderers, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 8. Security For Rehabilitation Gravel Pit 55 Willett Avenue On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $100,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 55 Willett Avenue (NBGIC Number 348177). Question being taken, the motion was carried. 9. Security For Rehabilitation Gravel Pit 491 Bayside Drive On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $63,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 491 Bayside Drive (NBGIC Numbers 55022719 and 348029). (The Mayor re-entered the meeting and reassumed the chair.) Question being taken, the motion was carried. 10. Cedar Point Estates Limited SewaQe PumpinQ Station On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) the City agree to cost share the installation of the necessary sewage pumping station in Phase 7, Cedar Point Estates Subdivision, as per Schedule B, Table of Cost Responsibilities of the Subdivision By-Law; (2) the City's share of cost is to be established as 84% of the cost of design, supply and installation of the pumping station as approved by the Chief City Engineer; (3) the sum of $650 per residential building lot be established as a fee per lot for future phases of Cedar Point Estates Subdivision; (4) the above resolutions be incorporated in the subdivision agreements with Cedar Point Estates Limited authorized by Common Council on May 30, 1994; and (5) the sum of $650 per lot be established as a sum to be recovered through the negotiation of sales by City lands and future subdivision agreements serviced by the sewage pumping station. Question being taken, the motion was carried. 11. Traffic By-Law Amendment ParkinQ On Charles Street On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Manager advising that, further to Council's receipt on March 20 of a letter from Charles Street residents about the plowing service and parking tickets issued this past winter, the Traffic Engineer agrees that making the south side of Charles Street no 85-242 COMMON COUNCIL APRIL 18,1995 parking at any time and making the north side of the street parking for residential permit holders only would be appropriate; and recommending that the submitted amendment to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", 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 A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 12. CCO April 10 Inviting The Market Square Corporation To Address Council Consideration was given to a report from the City Solicitor commenting on Common Council resolution of April 10 inviting The Market Square Corporation to attend a meeting of Council in open session to present all factors relating to the Harbour Station development project on the basis that, although Harbour Station is substantially complete and operational, there remains some outstanding issues to be resolved between the City and the contractor which relate generally to claims by the contractor for payment beyond that certified by the consultant and to some items which the consultant has identified as deficiencies in the work of the contractor or its subcontractors that have yet to be remedied; explaining why, in his opinion, a public discussion of the technical and legal aspects of the outstanding issues at this juncture would be inappropriate and could adversely prejudice the ability of The Market Square Corporation to achieve a resolution which is equitable and fair to the City; and recommending that a public discussion between Council and the Corporation regarding any outstanding matters relating to the construction of the Harbour Station complex not be conducted at this time. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the above report from the City Solicitor be received and filed and Council delay any further discussion between The Market Square Corporation and the Council in public session. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 13. Municipal Plan Amendment And Re-ZoninQ 120-124 Adelaide Street Read a letter from the Common Clerk advising that, following the 85-243 COMMON COUNCIL APRIL 18,1995 procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Patrick Hickey of Hickey Property Management have been completed and the date for objections expired on April 12, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the application of Patrick Hickey of Hickey Property Management for a Municipal Plan amendment and re-zoning of 120-124 Adelaide Street 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 June 5, 1995. Question being taken, the motion was carried. (Mayor Higgins withdrew from the meeting as he was not present for the April 10 public hearing of the proposed Municipal Plan and Zoning By-Law amendments with regard to 244 and 250 Duke Street West, whereupon Deputy Mayor McAlary assumed the chair.) 14(a) Municipal Plan Amendment And (b) Re-ZoninQ 244 - 250 Duke Street West On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-373 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two parcels of land located at 244 and 250 Duke Street West (NBGIC Numbers 361873 and 361881), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-373 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. Adjournment On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 85-244 COMMON COUNCIL APRIL 18,1995 Common Clerk