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2021-10-04_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, October 4, 2021 6:00 pm Meeting Conducted by Electronic Participation Pages 1. Call to Order 1.1. Land Acknowledgement 2. Approval of Minutes 2.1. Minutes of September 7, 2021 5 - 23 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Subdivision Application - 1300 IQng Wiliam Road (Recommendation in Report) 24 - 33 5.2. Subdivision Application - 196 Clark Road East (Recommendation in Report) 34 - 46 5.3. Easement for Electric Vehicle Charging Stations at TD Station 47 - 59 (Recommendation in Report) 5.4. Proposed Public Hearing Date — 54 Broad Street and 573 Woodward Avenue 60 - 62 (Recommendation in Report) 5.5. Fleet Replacement Procurement — October 2021 (Recommendation in Report) 63 - 65 5.6. Bilateral Funding Agreement - Various Municipal Buildings (Recommendation 66 - 164 in Report) 5.7. Parks Events and Green Machine Booking Software (Recommendation in 165 - 173 Report) 5.8. Public Transit and Fleet Green Strategy - Consulting Services Award 174 - 179 (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1. Fire Prevention Week - October 3 to October 9, 2021 8. Delegations / Presentations 8.1. Envision Saint John: The Regional Growth Agency Strategic Plan Roll -out 8.2. Saint John Energy 9. Public Hearings - 6:30 p.m. 9.1. Proposed Zoning Bylaw Amendment with PAC report recommending approval and Staff Presentation - 110-128 Waterloo Street (1 st and 2nd Reading) 9.2. Proposed Zoning Bylaw Amendment with PAC report recommending approval and Staff Presentation - 31 Cliff Street (1st and 2nd Reading) 9.3. Proposed Municipal Plan Amendment and Zoning Bylaw Amendment with PAC Report recommending approval and Staff Presentation- 15 Broadway Avenue (1st and 2nd Reading) 10. Consideration of By-laws 10.1. Zoning ByLaw Amendment and Section 59 Conditions - 7 Sherwood Drive (3rd Reading) 10.2. Procedural Bylaw Amendment - Internal Audit Charter (1 st and 2nd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 13.1. Finance Committee: Endorsement of the Strategic Real Estate Capital Reserve Fund Policy 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. Request for Operational Review of SJ SPCA Animal Rescue (Recommendation : Receive for Information) 180 - 181 182 - 195 196-214 215 - 269 270 - 375 376 - 412 413-417 418 - 420 421 - 430 431 - 432 K 15.1.1. Request to Present (Recommendation: Deny request to present. 433 - 433 Letter is self-explanatory) 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment K City of Saint John Common Council Meeting Monday, October 4, 2021 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., Meeting Conducted through Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Legal and Financial Matter 68(1)(c,f) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 6891)(c) Ville de Saint John Seance du conseil communal Lundi 4 octobre 2021 18h Reunion menee par participation electronique Comite Plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30, reunion menee par participation electronique 1.1 Approbation du proces-verbal 68(1) 1.2 Questions juridiques et financieres 68(1)c,f) 1.3 Questions financieres 68(1)c) 1.4 Questions financieres 68(1)c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres 2. Approbation du proces-verbal 2.1 Proces-verbal du 7 septembre 2021 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil K 5.1 Demande de lotissement —1300, chemin King William (recommendation clans le rapport) 5.2 Demande de lotissement —196, chemin Clark Est (recommendation clans le rapport) 5.3 Servitude pour des bornes de recharge de vehicules electriques a la station TD (recommandation clans le rapport) 5.4 Date proposee pour la tenue de I'audience publique — 54, rue Broad et 573, avenue Woodward (recommandation clans le rapport) 5.5 Approvisionnement pour le remplacement du parc automobile — octobre 2021 (recommandation clans le rapport) 5.6 Convention bilaterale de financement — Divers batiments municipaux (recommandation clans le rapport) 5.7 Logiciel de reservation d'evenements clans les pares et de machines vertes (recommandation clans le rapport) 5.8 Strategie d'ecologisation du transport en commun et du parc automobile —Attribution de services de consultation (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la prevention des incendies — du 3 au 9 octobre 2021 8. Delegations et presentations 8.1 Imaginer Saint John : Mise en ceuvre du plan strategique de I'Agence pour la croissance economique et regionale (presentation a suivre) 8.2 Saint John Energy 9. Audiences publiques 9.1 Projet de modification de I'arrete de zonage avec le rapport du comite consultatif d'urbanisme recommandant I'approbation et presentation du personnel—110-128, rue Waterloo (111 et 2e lecture) 9.2 Projet de modification de I'arrete de zonage avec le rapport du comite consultatif d'urbanisme recommandant I'approbation et presentation du personnel — 31, rue Cliff (111 et 2e lecture) K3 9.3 Projet de modification du plan municipal et de 1'arrete de zonage avec le rapport du comite consultatif d'urbanisme recommandant I'approbation et presentation du personnel —15, avenue Broadway (11e et 2e lecture) 10. Etude des arretes municipaux 10.1 Modification de I'arrete de zonage et conditions de I'article 59 — 7, promenade Sherwood (3e lecture) 10.2 Modification du reglement de procedure — Charte de verification interne (1,e et 2e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 13.1 Comite des finances : Approbation de la politique du fonds de reserve strategiclue pour le capital immobilier 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Demande d'examen operationnel de la SPCA Animal Rescue de Saint John (Recommendation : obtenir de l'information) 15.1.1 Demande de presentation (recommendation : refuser la demande de presentation. La lettre est suffisamment explicite) 16.Ordre du jour supplementaire 17. Comite plenier 18. levee de la seance CI Present: Also Present: COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 ; ' i 11l/11►toll 1*011111:»e111WTI :i14*81I►10 COMMON COUNCIL OF THE CITY OF SAINT JOHN TUESDAY SEPTEMBER 7T" 2021 at 6:00 PM 2nd FLOOR COMMON COUNCIL CHAMBERS Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan City Manager J. Collin General Counsel M. Tompkins Commissioner Human Resources S. Hossack Fire Chief & Chief Emergency Management Services K. Clifford Commissioner Utilities & Infrastructure Services B. McGovern Commissioner Growth & Community Services J. Hamilton Chief of Staff & Chief Financial Officer K. Fudge Director Public Works T. O'Reilly Director Legislative Services / City Clerk J. Taylor Deputy City Clerk P. Anglin Administrative Clerk R. Evans 61 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 1. Call to Order 1.1 Land Acknowledgement Councillor Norton read the Land Acknowledgement and called for a moment of reflection. The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastogiyik/Maliseet.The Wolastogiyik/Maliseet along with their indigenous nelghbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources. 1.2 National Anthem Jerry Zhao played an instrumental rendition of 0 Canada on the saxophone. 2. Approval of Minutes Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the minutes of August 23rd, 2021, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the agenda of September 71h, 2021, be approved with the addition of the following items: 17.1 Vaccine or Test Policy 17.2 Settlement to developer "The Atlantic" located at 21 Lower Cove Loop 17.3 Strategy Training Course for Elected Officials IO WIIIf] ► Kalil ilk] ilk] I:40a 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the submitted report M&C 2021-240: CMEI Letter RE: 348 Acamac Backland Road, be received for information. 2 C.1 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 5.2 That as recommended by the City Manager in the submitted Report M&C 2021- 238: Designation of By-law Enforcement Officer, Common Council adopt the following: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14, and amendments thereto (the "Saint John Minimum Property Standards By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 25(1) of the Saint John Minimum Property Standards By- law provides that a by-law enforcement officer appointed by council may notify the owner or occupier of premises, dwelling, dwelling unit or structure by issuing an Order where the condition of the premises, dwelling, dwelling unit or structure does not comply with said By-law; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeffrey Graham is hereby appointed and authorized to notify owners and occupiers where the condition of the premises, dwellings, dwelling units or structures does not comply with the Saint John Minimum Property Standards By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeffrey Graham is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, effective 3 rA COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 immediately, and this designation and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14 and amendments thereto (the "Saint John Minimum Property Standards By-law"), and it may from time to time be necessary to make inspections for the administration and enforcement of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize by-law enforcement officers to enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham, by-law enforcement officer, is hereby appointed as inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on September 10, 2018 and third reading on September 24, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; 4 E:3 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 AND WHEREAS subsections 132(1) and 132(2) of the Local Governance Act provide that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeffrey Graham is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Jeffrey Graham is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law"), and it may from time to time be necessary to make inspections for the administration and enforcement of the By-law; 5 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham, by-law enforcement officer, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law which received first and second reading by Common Council on May 22, 2018 and third reading on June 4, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, provides that within thirty days after the terms of a notice have been complied with or a debt due to a local government or due to the Minister of Finance, as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the local government be affixed; NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, City Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Jeffrey Graham under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the City Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103 and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to make inspections for the administration of the By-law; 6 iK COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a by-law or an order made under this Act; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration and enforcement of the Saint John Building By-law, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to make orders for the administration and enforcement of the By-law; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 8. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and rA 11 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 103, and amendments thereto (the "Saint John Building By-law"), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Building By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 9. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, including the Saint John Dog Control By-law, By-law Number M-13, and the Mobile Home Parks By- law, By-law Number M-20, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By- laws; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby appointed as by- law enforcement officer with respect to the enforcement of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 8 12 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 AND BE IT FURTHER RESOLVED, that Jeffrey Graham is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 10. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act"), includingthe CityofSaintJohn Flood Risk Areas By-law, By-law Number C.P. 11, and The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Jeffrey Graham is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the City of Saint John Flood Risk Areas By-law and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.3 That as recommended by the City Manager in the submitted report M&C 2021- 242: Station 8 Lease Agreement for Elections Canada Use, the City enter into a lease agreement with Elections Canada in the form as attached to M&C No. 2021-242 for the use of Former #8 Fire Station at the corner of Millidge Avenue and University Avenue as a polling station for the September 2021 Federal Election; and that the Mayor and City Clerk be authorized to execute the said lease agreement. 5.4 That as recommended by the City Manager in the submitted report M&C 2021-247: Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act, Common Council appoint Ms. Jennifer Kirchner as a Heritage Officer for the City of Saint John pursuant to Section 54 of the New Brunswick Heritage Conservation 9 13 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 Act. 5.5 That as recommended by the City Manager in the submitted report M&C2021-245: Contract 2021-01 Catherwood Street —Sewer Separation, the contract be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $138,954.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.6 That as recommended by the City Manager in the submitted report M&C 2021- 243: HVAC and Control System Upgrades — Municipal Operations Building 175 Rothesay Avenue, the tender submitted by PMC Energy Ltd, for the HVAC and Control System Upgrades at Municipal Operations Building in the amount of $425,365.45 including HST be accepted, and that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.7 That as recommended by the City Manager in the submitted report M&C 2021- 244: Bang the Table Software Service Agreement, Common Council approve the agreement and authorize the Mayor and City Clerk to execute the Service Agreement (Appendix A) with Bang the Table for the provision of a community engagement platform. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamation 8. Delegations/Presentations 9. Public Hearings- 6:30pm 9.1 Proposed Zoning BVLaw Amendment with Planning Advisory Committee report recommending Rezoning and Staff presentation —1720 Manawagonish Road (15t and 2nd Reading) The Mayor called the Public Hearing to Order. The Mayor called for members of the public wishing to raise objections to the proposed rezoning, with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning, with Mr. Patel presenting. The Mayor closed the public hearing. 10 14 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1,820 square metres, located at 1720 Manawagonish Road, also identified as PID No. 55237200, from Two -Unit Residential (R2) to General Commercial (CG), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1,820 square metres, located at 1720 Manawagonish Road, also identified as PID No. 55237200, from Two -Unit Residential (R2) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning Bylaw Amendment with Planning Advisory Committee report recommending Rezoning and Staff presentation — 867 Millidge Avenue (15t and 2" Reading) The Mayor convened the Public Hearing. The Mayor called for members of the public wishing to raise objections to the rezoning, with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning, with Matt Blaine of Hughes Surveys presenting. The Mayor closed the public hearing. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 603 square metres, located at 867 Millidge Avenue, also identified as PID No. 55224810, from One -Unit Residential (R1) to Two -Unit Residential (R2), be read a first time. IL ED]IIIf] 0EWAilk] ilk] I: 101 Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 11 15 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 603 square metres, located at 867 Millidge Avenue, also identified as PID No. 55224810, from One -Unit Residential (R1) to Two -Unit Residential (R2), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Municipal Plan and Zoning Bylaw Amendment with Planning Advisory Committee report recommending amendments and Staff presentation — 60 Technology Drive (15t and 2nd Reading) The Mayor convened the Public Hearing. The Mayor called for members of the public wishing to raise objections against the rezoning, with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning, with the following presenting: • Melanie Dowd -Martel, Somerset Investments Ltd. • Jeff Cyr, Envision SJ The Mayor closed the Public Hearing. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" deleting Policy LU- 68 and replacing it with "Recognize that the Somerset Business Park has been established west of Somerset Street adjacent to Technology Drive. It shall be the policy of Council to encourage the use of these lands for an appropriate range of technology, knowledge, laboratory, and research -based businesses, as identified in the Zoning Bylaw; amending Schedule A— City Structure, by redesignating a parcel of land with an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Employment Area, Local Centre, and Urban Neighbourhood to Urban Neighbourhood; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Business Centre, Stable Residential, and Local Centre to Medium to High Density Residential, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled "A Law to Amend the Municipal Plan By -Law." Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" deleting Policy LU- 68 and replacing it with "Recognize that the Somerset Business Park has been established west of 12 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 Somerset Street adjacent to Technology Drive. It shall be the policy of Council to encourage the use of these lands for an appropriate range of technology, knowledge, laboratory, and research -based businesses, as identified in the Zoning Bylaw; amending Schedule A— City Structure, by redesignating a parcel of land with an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Employment Area, Local Centre, and Urban Neighbourhood to Urban Neighbourhood; and redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 13.71 hectares, located at 60 Technology Drive, also identified as PID 55144109 and PID 55190458, from Business Centre, Stable Residential, and Local Centre to Medium to High Density Residential, be read a second time. IO ED]IIIf] 0KGJ\ilk] ilk] I: 101 Read a second time by title, the by-law entitled "A Law to Amend the Municipal Plan By -Law." Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID Numbers 55144109 and 55190458, from Business Park Commercial (CBP) to High -Rise Residential (RH), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Radwan, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.71 hectares, located at 60 Technology Drive, also identified as PID Numbers 55144109 and 55190458, from Business Park Commercial (CBP) to High -Rise Residential (RH), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -Laws 10.1 Municipal Plan Amendment, Zoning Bylaw Amendment, Section 59 Conditions — 695 Somerset Street (3rd Reading) Moved by Councillor Lowe, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-26 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land having an area of 3,445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 13 17 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 and PID No. 55147557, from Local Centre to Stable Area classification; amending Schedule B — Future Land Use, by redesignating a parcel of land having an area of 3,445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable Commercial classification, be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 106-26 A Law to Amend the Municipal Plan By -Law," was read in its entirety. Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 106-26 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land having an area of 3,445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable Area classification; amending Schedule B — Future Land Use, by redesignating a parcel of land having an area of 3,445 square metres, located adjacent to 695 Somerset Street, also identified as PID No. 00415497 and PID No. 55147557, from Local Centre to Stable Commercial classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. IL us] IIC0L[4L\ilk] ilk] I:10a Read a third time by title, the by-law entitled, "By -Law Number C.P. 106-26 A Law to Amend the Municipal Plan By -Law." Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-114 A Law to Amend the Zoning By - Law of The City of Saint John," rezoning land having an area of 3,445 square metres, located adjacent 695 Somerset Street, also identified as PID No. 00415497 and 55147557 from General Commercial (CG) to Special Zone No. 4 (SZ-4), be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-114 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on parcels of land having an area of approximately 3,445 square metres, located adjacent 695 Somerset Street, also identified as PID Numbers 00415497 and 55147557: (a) The following uses identified in Special Zone No. 4 (SZ-4) Subsection 14.9(1) Permitted Uses shall not be permitted: • Car Wash • Equipment Sales and Rental, Light 14 iF:1 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 • Recreational Vehicle Sales & Service, Small • Recreational Vehicle Sales & Service, Large • Redemption Centre • Sales Centre, Model Home • Vehicle Body and Paint Shop • Vehicle Rental • Vehicle Sales and Leasing; (b) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the development Officer, illustrating the design and location of buildings and structures, outdoor storage, driveway accesses, vehicle parking, landscaping, signs, exterior lighting, and other such site features; (c) Notwithstanding subparagraph 14.9(2)(iii) and (iv) of the City of Saint John Zoning By-law, the building elevation and site plans shall demonstrate a high level of landscaping and visual screening of the outdoor storage area consisting of the following: i. The outdoor storage area shall be completely enclosed by a minimum 2.5 metre chain -link fence covered by filler strips as per Part 5.5 of the Zoning By-law; and, ii. The front yard of the storage area is to be landscaped with vegetation having a minimum depth of 1.5 metres and minimum height at the time of planting of 2.5 metres as per Paragraph 6.1(k)(i) and (ii) of the Zoning By-law; and, (d) The above elevation and site plans be attached to the permit application for the development of the parcel of land. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-114 A Law to Amend the Zoning By - Law of The City of Saint John," rezoning land having an area of 3,445 square metres, located adjacent 695 Somerset Street, also identified as PID No. 00415497 and 55147557 from General Commercial (CG) to Special Zone No. 4 (SZ-4), be read a third time, enacted, and the Corporate Common Seal affixed thereto. IO WIIIf] 01[eL\ilk] ilk] I:10a Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-114 A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Zoning ByLaw Amendment and Section 131 Agreement — 91 King Street (3rd Reading) Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: 15 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 RESOLVED that the by-law entitled, "By -Law Number C.P. 111-116 A Law to Amend the Zoning By - Law of The City of Saint John," amending Schedule "G", the Zoning By-law of The City of Saint John, by increasing the maximum building height of PID Nos. 00037093 and 00039982, from 28 and 42 metres to 55 metres, be read. MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-116 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. Moved by Councillor Radwan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-116 A Law to Amend the Zoning By - Law of The City of Saint John," amending Schedule "G", the Zoning By-law of The City of Saint John, by increasing the maximum building height of PID Nos. 00037093 and 00039982, from 28 and 42 metres to 55 metres, be read a third time, enacted, and the Corporate Common Seal affixed thereto. IO WIIIf] 0K4L\ilk] ilk] I:10a Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-116 A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that Common Council authorize an Agreement between the City and the Developer pursuant to section 131 of the Community Planning Act for the following public benefits associated with the development: (A) The resurfacing of the upper portion of the City lands known as South Market to highlight the separation between the vehicular and pedestrian realms in order to implement a shared street design. This will include the use of decorative paving materials and may include the use of stamped concrete, subject to the approval of the Development Officer and alignment with the approved design for South Market; (B) The establishment of a canopy between the proposed building and the City Market; (C) Providing permission for the City of Saint John to utilize the loading dock for public uses including the Night Market and pedestrian use. (D) The inclusion of a canopy to be placed over the loading doors and ramp, to enhance the space for public uses. MOTION CARRIED. 11. Submissions by Council Members 16 491 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 12. Business Matters -Municipal Officers 12.1 Compliance Program Overview Moved by Councillor Hickey, seconded by Councillor Stewart: RESOLVED that the submitted report M&C2021-239: Compliance Program Overview, be received for information. IO MII101►Kalil ilk] ilk] I:40a 12.2 Integrated Customer Service Project Update Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the submitted report entitled: Integrated Customer Service Update, be received for information. IO IMI I101►Kalil ilk] ilk] I:40a 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Responses to City of Saint John Position Papers (Recommedation: Receive for Information) 15.1.1 Wayne Long, Liberal Candidate Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from Wayne Long, Liberal Candidate be received for information. MOTION CARRIED. 15.1.2 Mel Norton, Conservative Candidate Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from Mel Norton, Conservative Candidate be received for information. MOTION CARRIED. 15.1.3 Ann McAllister, Green Party Candidate 17 21 COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from Ann McAllister, Green Party Candidate be received for information. MOTION CARRIED. 15.1.4 Don Paulin. NDP Candidate Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the letter from Don Paulin, NDP Candidate be received for information. IL ED]II100K4jAilk] ilk] I: 101 15.2 Annual General Meeting — Pension Board of Trustees (Recommendation: Select member of Council to attend AGM) Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that the Chair of the Finance Committee Councillor G. Sullivan or his delegate be approved to attend the City of Saint John Annual General Meeting — Pension Board of Trustees. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Vaccine and Test Policy Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that as recommended by Committee of the Whole having met on September 71h 2021, Common Council adopt the recommendation: 1. The City of Saint John adopt a Vaccine or Test Policy which stipulates that employees and Members of Common Council who attend the workplace will either show proof of full vaccination, or wear masks and undergo COVID-19 testing; 2. The City Manager determine in which circumstances members of the public who access City owned buildings will be required to voluntarily show proof of vaccination or wear a mask; 3. The City Manager be instructed to develop the Vaccine or Test Policy; 18 WA COMMON COUNCIL / CONSEIL COMMUNAL September 7, 2021 / le 7 septembre 2021 4. The City Manager be authorized to amend the policy as appropriate as COVID circumstances evolve; and 5. The City Manager implement the Vaccine or Test Policy by September 20, 2021. MOTION CARRIED with Councillor Radwan voting nay stating for the public record it is the responsibility on Council to bring forth Policy. 17.2 Settlement to M. Cavanaugh "The Atlantic" located at 21 Lower Cove Loop Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that as recommended by Committee of the Whole having met on September 71h 2021, Common Council authorize settlement of any claim between the City and Mike Cavanaugh Homes Inc. involving the installation of metal cladding on the building located at 21 Lower Cove Loop, in the amount of $40,000.00 including HST payable by the City to Mr. Cavanaugh in return for a Full and Final Release; and further that the Mayor and City Clerk be authorized to execute the necessary documents to effect the settlement. MOTION CARRIED with Councillors Hickey and Sullivan voting nay. 17.3 Strateev Course for Elected Officials Moved by Councillor Harris, seconded by Councillor Killen: Resolved that as recommended by the Committee of Whole having met in Open Session on September 71h, 2021, Common Council approve Council Members registration in the "fioh" Innovating Strategies for Elected officials' course at $299.99 CAD plus tax per participant for Members wanting to participate. MOTION CARRIED. 18. Adjournment Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on September 71h, 2021, be adjourned. IL [01[0]►[GL\ilk] ilk] I:10a The Mayor declared the meeting adjourned at 9:00 p.m. 19 W PLANNING ADVISORY COMMITTEE September 22, 2021 The Cily of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application 1300 King William Road PID 00412189 The Committee considered the attached report at its September 21, 2021 meeting. Mr. Jacob Delisle, of Saint John Energy, appeared before the Committee and expressed agreement with the Staff recommendation. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentation, and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Saint John Energy Subdivision at 1300 King William Road. Respectfully submitted, Brad Mitchell First Vice Chair Attachments Page 1 of 1 24 The City of Saint John Date: September 17, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 21, 2021 SUBJECT Applicant: Saint John Energy Landowner: New Brunswick Department of Energy and Resource Development Location: 1300 King William Road PID: 00412189 (portion) Plan Designation: Heavy Industrial and Rural Resource Zoning: Green Energy (GE) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the acceptance of money in -lieu of Land for Public Purposes dedications. Page 1 of 3 25 Saint John Energy 1300 King William Road September 17, 2021 EXECUTIVE SUMMARY The applicant is proposing to subdivide a parcel of land from a large parent property to create a separate lot for an electrical substation. The electrical substation is a component of the Burchill Wind Energy Project. The application requires the assent of Common Council to money in lieu of land for public purposes. Approval of the application is recommended. RECOMMENDATION That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Saint John Energy Subdivision at 1300 King William Road. DECISION HISTORY The subject site was rezoned in 2020 to the Green Energy (GE) zone in conjunction with the proposed Burchill Wind Project. The project will see wind turbines constructed on Provincial Crown Land in Lorneville with the electricity generated by the project purchased by Saint John Energy. ANALYSIS Proposal The applicant is proposing to subdivide the property to create a new lot for an electrical substation which will be owned by Saint John Energy. The substation is a component of the project which will allow for the wind farm to be connected to the City's electrical distribution network. The proponent is entering into a lease with the Province for the property. Site and Neighbourhood The proposed lot is approximately 1.11 hectares in area and is located along the west side of King William Road between Paddy's Hill Drive and Burchill Road. The parent parcel is a large parcel, owned by the Province, that has had many parcels subdivided from it for industrial development. The broader area contains a mix of undeveloped land and unserviced industrial uses including aggregate extraction uses and an asphalt plant. Municipal Plan and Zoning Development of wind and solar energy projects within the Rural Resource designation is supported by Policy LU-95 of the Municipal Plan. The site was rezoned to Green Energy (GE) in 2020 to support the development of the proposed Burchill Wind Project. The GE zone permits wind energy developments and the substation is considered a component of the wind energy development. Page 2 of 3 26 Saint John Energy 1300 King William Road September 17, 2021 Subdivision The proposed subdivision meets the standards of the Subdivision By-law. The Subdivision By-law requires that as a condition of approval of a subdivision, that either land representing ten percent of the area of the proposed subdivision, or a sum of money representing eight percent of the market value of the land of the proposed subdivision be dedicated to the City. Given the outcome of PlaySJ, the City's Recreation Master Plan, which found that the City had an oversupply of parks and recreation land, the Subdivision By-law places an emphasis on obtaining money -in -lieu of lands for public purposes as opposed to acquiring land in association with new developments. Given this, Staff recommend that money -in -lieu of Land for Public Purposes be assented to. Conclusion Staff support the proposed subdivision with a money in -lieu dedication. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were reviewed. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 10, 2021. APPROVALS AND CONTACT Author I Commissioner Mark Reade, P.Eng., MCIP, RPP I Jennifer Kirchner, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 21-141 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Map Attachment 1: Site Photos Submission 1: Location Plan Submission 2: Tentative Plan of Subdivision Page 3 of 3 27 0 -6-1 0 A0 rill E v 0 0 co Ir- E � r N M I L9 O 7 CD O — O cu L a E CL 0 0 cu E �L u ti CD cu VJ 0 N Q O O co a- 0 N O N <0 \ I \ \ \ �) a m ID Lu OC L- E U) U) U) >1 > C: ry ID U- ID C: a) E U) 0- 7FD 0 a) Lo cv U) —C C) C? E =3 2 -c: 00 U) 0- 0- C) C) C'4 0) .C: 0 N ca 0 ry ca v 0 0 co Ir- E E � r N m Q �E Q = O O a) N > N c [] O (6 w N O E C7 cn U a 10 Z L a D U a w Q� 1, 1 1 1 1 CO U N (6 O CO a M a00 O in a` NOLA O CV O N ,A Uo O c w c s O +- c ro co aJ N MA Q) N O a f _ J t J U) Y p - - •t w w Oad U Rc�tL U) i Q U z w cc r w `I 5 N 7 U) �6 O N = C N O _ J 7 N (6 N U , (6 U N C U) \ 'O U) C 2 N U) U H S O O) m O O N oho N 000 _ ua CL R R N m d co co U UFO O 0 o H O V N C a U LL N o O Q N �aZ J 0 a O W w Em Z'E y5o oEE � - Es �m E OZZ \ w zza N3Em J oo g T� N o m Ea 0 ozv zr o„= IEo¢zo w w o ma000 T� L 4PON PP�J �oiro�sun�8 —N o�MwP96091 6u!�! + t 9 wep!!M + PPl9Z9Z peob E E x� ry�F � W£s m + Poo szs z + + oao szs z E vEv � N - 0 J nF a s 2 P b z P 006 bZs Z + 006 bZs Z a 2 F Y L w W a Y _ PLANNING ADVISORY COMMITTEE September 22, 2021 The City of Saini John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision Application 196 Clark Road East (PID # 00311043) The Committee considered the attached report at its September 21, 2021 meeting. Mr. Gerry Roberts, of Don More Surveys & Engineering Ltd., appeared before the Committee and agreed with the Staff recommendation. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the presentation, and Staff report, the Committee unanimously adopted the Staff Recommendation. RECOMMENDATION: That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Brown Subdivision at 196 Clark Road East. Respectfully submitted, �� Brad Mitchell Vice Chair Attachments Page 1 of 1 34 The City of Saint john Date: September 17, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 21, 2021 SUBJECT Applicant: Stephen Brown Landowner: Stephen Brown Location: 196 Clark Road East PID: 00311043 Plan Designation: Rural Resource, Rural Residential, and Park and Natural Area Zoning: Rural Residential (RR) and Rural (RU) Application Type: Subdivision Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the acceptance of money in -lieu of Land for Public Purposes dedications. The Act also authorizes the Committee to grant reasonable variances from certain requirements of the Zoning By-law. Terms and conditions can be imposed. EXECUTIVE SUMMARY The applicant is proposing to subdivide the property at 196 Clark Road East into two parcels. One parcel is to accommodate an existing dwelling unit, located at 196 Clark Road East. The applicant is seeking to sell the Remainder Lot, which has approximately 50 metres of frontage Page 1 of 5 35 Stephen Brown 196 Clark Road East September 17, 2021 on an unbuilt public right-of-way. Variances are required to provide access to the Remainder Lot and reduce minimum frontage requirements. With the creation of a new lot, assent of Common Council to accept money in -lieu of land for public purposes is also required. Approval of the application is recommended, conditional on any development of the Remainder Lot requiring the construction of the unbuilt public right-of-way to City standard. RECOMMENDATION 1. That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Brown Subdivision at 196 Clark Road East. 2. That the Planning Advisory Committee grant a variance for the Lot marked "Remainder of PID 3311043 — Over 2 hectares" from Section 15(2) of the Subdivision By-law conditional upon any future development of the lot requiring the following improvements to the abutting unbuilt public right-of-way marked "Clark Road East": a. That the unbuilt public right-of-way be extended to provide access in accordance with the City's General Specifications, b. That the unbuilt public right-of-way is to terminate in a cul-de-sac, also in accordance with the General Specifications; and, c. That the cost and responsibility of extending the unbuilt public right-of-way and cul-de-sac is the developer's to bear. 3. That the Planning Advisory Committee grant variances from the standards of the Zoning By-law that would: a. Reduce the minimum lot frontage requirement for Lot 21-1 from 60 metres to approximately 20.61 metres as proposed; and, b. Reduce the minimum lot frontage requirement for the Remainder Lot from 120 metres to 50 metres. DECISION HISTORY Not applicable. ANALYSIS Proposal The proposal is to subdivide the subject property into two lots: "Lot 21-1" and the "Remainder Lot." Lot 21-1 contains an existing dwelling (196 Clark Road East). The larger, Remainder Lot, Page 2 of 5 36 Stephen Brown 196 Clark Road East September 17, 2021 only has frontage on the "Old Westmorland Road," which is an unbuilt public right-of-way, "the Right -of -Way." The purpose of the application is to sell the Remainder Lot. Site and Neighbourhood The subject property located at 196 Clark Road East is unserviced. The property is approximately 37.81 hectares in area, according to Service New Brunswick. Lot 21-1 is proposed to be 5,924 square metres in area and the Remainder Lot is the balance in area. Lot 21-1 is accessed via a 60-metre private driveway. Civic numbers 185 and 200 share access off this private driveway. The City currently plows the private driveway, which also serves as a turnaround area. The Clark Road East and Golden Grove Road neighbourhood consist of unserviced one -unit dwellings and large undeveloped rural lots. Clark Road East is a short, local street that provides access to seven one -unit dwellings. Clark Road East is adjoined by the Right -of -Way, which is little more than a 2-3 meter wide, unimproved trail. The trail travels west approximately 1.5 kilometres parallel to Golden Grove Road and eventually connects with Baxter Road. The land fronting upon the Right -of -Way consists of undeveloped land zoned Rural and a former gravel pit. The Right -of -Way historically appears to have been a stagecoach road and is noted in previous subdivision plans and records as "the Old Westmorland Road."' Municipal Plan Schedule B of the Municipal Plan designates Lot 21-1 as Rural Residential. The Remainder Lot is designated Rural Resource Area and Park and Natural Area. Policy LU-106 of the Municipal Plan provides that new lots in Rural Residential areas may have a minimum lot area less than 4 hectares. In terms of the Remainder Lot, Rural Resource Area lands are intended to facilitate resource related activities, where appropriate, such as forestry operations, wind and solar energy development, agriculture, fisheries, and extraction activities. Limited residential and other land uses may be contemplated. Any future development of the Remainder Lot would be evaluated in terms of the Rural Resource Area policies of the Plan. Policy TM-5 states that Council shall "ensure developers contribute to the cost of on and off -site transportation improvements made necessary as a direct result of the development proposal." Currently, Clark Road East terminates in an informal loop, with two adjoining properties having accesses provided over the private driveway. The extension of the Right -of -Way would improve this situation with a proper turnaround area for City vehicles and provision of access to the Remainder Lot, but at the cost of the developer. This condition would be stamped on the final plan of subdivision. Should the Right -of -Way be extended, to ensure appropriate civic addressing, the extension would be given a new street name other than Clark Road East, or the existing informal loop would be renamed to avoid confusion. ' A similar but unlabeled road network mirroring this portion of "the Old Westmorland Road" appears on an 1862 Topographical map of the Counties of St. John and Kings. Page 3 of 5 37 Stephen Brown 196 Clark Road East September 17, 2021 Subdivision By-law Subsection 15(2) of the Subdivision By-law requires that every lot must abut a public street or such access suitable for the passage of motor vehicles as may be approved by the Committee as being advisable for the Development of land, including a Private Street. In accordance with the By-law, a public street means "a thoroughfare owned by the City of Saint John suitable for the passage of motor vehicles." Although the Right -of -Way is owned by the City, it is unsuitable for the passage of motor vehicles and therefore a variance is required from the Committee in accordance with Paragraph 15(2)(b). Lot 21-1 and the Remainder Lot can meet all other lot standards except for minimum lot frontage standards. These variances can reasonably be supported. The resulting Lot 21-1 is not out of character with the neighbourhood and the large Remainder Lot has more than sufficient lot area to meet the minimum 4-hectare requirement set out by the Municipal Plan for Rural Resource Areas. Lot Standard/Proposed Rural Residential (RR) Zone Lot 21-1 Rural Resource (RU) Zone Remainder Lot Minimum Lot Area 5,350m2 5,824m2 40,000m2 37 Ha +/- Minimum Lot Frontage 60m 20.61 m 120m 50m +/- Minimum Lot Depth 40m -100m 80m -1.8km Land for Public Purposes The Subdivision By-law requires ten percent of the area of a proposed subdivision to be vested to the City as Land for Public Purposes (LPP). Such land dedications must be assented to by Common Council. However, at the discretion of Council, a money in -lieu of LPP dedication may be accepted. The Subdivision By-law encourages the assent of proposed LPP dedications that involve a pedestrian walkway between streets or land required to support the City's Trails and Bikeways Strategic Plan. Otherwise, the Subdivision By-law encourages the acceptance of money in -lieu of LPP dedications for subdivisions that do not offer these benefits. This approach is supported by The City of Saint John Parks and Recreation Strategic Plan (PlaySJ) and the Parks and Recreation service area. Since the proposed subdivision does not meet the land dedication requirements of the Subdivision By-law, staff is recommending the acceptance of a money in -lieu of LPP dedication. The Community Planning Act requires that money in -lieu of LPP dedications represent eight percent, as required by the Subdivision By-law, of the market value of the unimproved land at the time of subdivision. In the case where both lots have already been developed, this amount will be determined based on the estimated unimproved land value of the proposed new lot. Page 4 of 5 38 Stephen Brown 196 Clark Road East September 17, 2021 The Act also requires that money in -lieu dedications be deposited into a special account and that Council expend the money for "acquiring or developing land for public purposes2 and for no other purpose." Conclusion Committee approval of the variances is recommended, conditional on the construction of the unbuilt public right-of-way to City standard should there by any development of the Remainder Lot. The Subdivision By-law encourages the acceptance of a money in -lieu of LPP dedication for the proposed subdivision, which is also being recommended by staff. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 10, 2021. APPROVALS AND CONTACT Author Manager/Senior Planner Andrew Reid, MCIP, RPP Jennifer Kirchner, MCIP, RPP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid@saintjohn.ca Application: 21-133 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Submission 1: Tentative Subdivision Plan 2 Land for public purposes means land, other than streets, for the recreational or other use or enjoyment of the general public (Community Planning Act, 2018). Page 5 of 5 39 �0 ry L U c0 rn E E 0 0 0 0 LO m rn o 0 0 M O 6 0 N O N (h I V o I* p 6 0 o — o L L M M a_ O cf N 2 O 1 O M M 0 >+ O Q LO o LO a_ U CM N Q U) N U) N U) N � U Q (D U_ N � U) CU N J N L.L W 0 ry _Ile C/) tfT./ V J r �F i Willis Rd. Z J 101111, :--�-� /O i= 2 cn N(D/ 0L L 11 cn cu J N LL cu a L c Z cu L cu Vl L O cn N�(D/ L cn N Q L L U U N (D co �� N o (n C/) 0 N O N 0) .C: O N ca W � O LJ_ L U co m N c� fy 0 01- ry U c 0 N U) N >, cn N U Q L O C: U a) ai o o o U) U) d N O N L I MIA-k. - 4A. lit7% 11 F. Y., 1�4: 7,.4' AW ;.w N—,. A6 v� A41w 'N �6 v. A4 141 C. 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' � `� � , '" { a„ a ; Is k :..,y �, �, •:i'� yX��A�k'q+� 4. y�, �"`ro }Fa- sh�,h,., al��,. i �� s�' �;r�' '�1+' COMMON COUNCIL REPORT M&C No. 2021-270 Report Date September 29, 2021 Meeting Date October 04, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Easement for Electric Vehicle Charging Stations at TD Station AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins I John Collin RECOMMENDATION 1. That the City grant an easement to The Power Commission of the City of Saint John generally in the form as attached to M&C 2021-270 for the placement and operation of two Electric Vehicle Charging Stations over PID No. 40048 (the "Premises"), such easement to be approximately 30.0 square metres (324 square feet), as generally shown on the sketch titled "Proposed Dual EV Charging Station —TD Station Parking Lot". 2. That the Power Commission of the City of Saint John, at its own cost, prepare any plan of survey required to depict the easement area and effect the conveyance and pay any and all costs associated with the granting and registering of the easement. 3. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the granting of the easement. EXECUTIVE SUMMARY Saint John Energy (SJE) is partnering with the City for the placement of two electric vehicle charging stations (EVCS) to be located on City property, at TD Station. The two EVCS are to be located adjacent to the City's Sewage Lift Station, fronting onto Station Street (see attached sketch). This is part of a larger program where SJ Energy is partnering with different organizations that will accommodate 99 similar charging stations to encourage the use of electric vehicles. SJE will be responsible for the installation and ongoing maintenance of the Charging Stations with all costs, including power, to be their responsibility. To accommodate this project, the City is being asked to grant an easement in favor of SJE that will enable the placement of the Charging Stations on City lands at TD Station. -2- PREVIOUS RESOLUTION N/A BACKGROUND Saint John Energy is leading a project that will install 99 level 2 chargers in public places across the Maritime provinces. SJE is also partnering with Perth -Andover, Edmundston, Summerside, Antigonish, Mahone Bay, and Berwick to undertake the installations. The Project is partially funded by federal NRCan as part of its Zero -Emission Vehicle Infrastructure Program (ZEVIP), which supports the government's targets for facilitating electric vehicle use. The new level 2 chargers will be publicly available and provide residents with more options to charge their vehicles. It is intended that, initially, there will be a total of 12 charging connections at 6 sites within the City of Saint John. REPORT The charging stations align with the City's Community Energy Plan and staff is supportive of the City hosting 2 of the sites, each site with 2 charger connections and dedicated parking spaces. The locations are TD Station and Sydney Street, selected by City staff and SJE based on: • Commuter traffic patterns • Expected use • Proximity to shopping, dining and entertainment • Visibility and brand awareness potential • Installation costs • Ease of accessibility (driver friendly) • Site maintenance considerations The easement agreement provides that SJE is responsible for all costs and maintenance associated with the two charging stations, including power. The General Manager of TD Station is aware and supportive of this project. SJ Water has been consulted and is aware and supportive of the need to connect power from the EVCS to the City's lift station. A submeter will be installed to record the amount of energy used and SJ Energy will reimburse the City for their usage. The term of the easement agreement is 10 years with automatic renewals of 5 years each. During the initial 10 year term, the Power Commission may terminate the agreement upon 90 days written notice to the City. During the Renewals, either party may terminate the agreement upon 30 days written notice to the other party. A separate report for the Sydney Street site will be presented to Council for consideration at a future date. !E:3 STRATEGICALIGNMENT To explore and create service improvements through innovation, technology and developing partnerships with other organizations. SERVICEAND FINANCIAL OUTCOMES The placement of these two EVCS will illustrate to the public that the City is taking a leadership role along with SJE to address climate change, especially as it relates to the transportation sector. The City will incur no cost associated with these two charging stations and the consideration for the easement is minimal ($2) because the project aligns with the City's Community Energy Plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Planning), Saint John Parking Commission, Risk Management, Infrastructure and Utilities, TD Station General Manager and the General Counsel's office have provided input into the preparation of this report. The General Counsel's office provided input in the drafting of the Easement Agreement and is satisfied with its terms and conditions. ATTACHMENT 1. Sketch of Easement area; and 2. Easement Agreement. !Loll Draft v 10 September 28, 2021 CHARGING STATIONS EASEMENT AGREEMENT (TD Station Site) This Charging Stations Easement Agreement ("Agreement") is entered into as of the day of October, 2021 ("Agreement Date") BETWEEN AND The City of Saint John, a body corporate by Royal Charter confirmed and amended by Acts of the legislative Assembly of the Province of New Brunswick, with registered office at 15 Market Square, Saint John, NB E21- 41-1(the "Grantor") The Power Commission of the City of Saint John, doing business under the name and style of Saint John Energy, a body corporate, whose address is 325 Simms Street, Saint John, NB E2M 31-6 ("SJE"). (collectively referred to as the "Parties" and individually as a "Party") WHEREAS the Parties are entering into this Agreement with respect to certain Electric Vehicle Charging Stations to be installed by SJE on the Grantor's property; NOW THEREFORE THIS AGREEMENT WITNESSES that for and in consideration of the sum of One Dollar ($s.00) and for other good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the mutual covenants and promises set out herein, the Parties agree to as follows: 1. Grant of Exclusive Easement. The Grantor represents that it is the fee simple owner of certain real property located at 99-125 Station Street in the City of Saint John identified as PID 0040048 (the "Property"). The Grantor hereby grants to SJE for the term of this Agreement: (i) an exclusive and irrevocable easement to use and occupy that portion of the Property as more particularly described at Schedule "A" hereto (the "Premises") for the Purpose, as defined below; and (ii) any other necessary easements for access and utilities for the Purpose. 2. Purpose. The Premises may be used exclusively by SJE for any lawful activity in connection with the design, development, construction, installation, maintenance, repair, replacement, removal, security, and operation of electric vehicle chargers and ancillary items, including, without limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures (which may include concrete pads and protective bollards) (collectively, the "Charging Stations"), together with any other uses permitted herein (the 25o876o- 50 Draft v 10 September 28, 2021 "Purpose"), on the terms and conditions set forth in this Agreement. The Grantor warrants the quiet enjoyment of the Premises by SJE forthe Purpose as set out in this Agreement. Term. The term of this Agreement (as extended or renewed from time to time, the "Term") shall commence on the Agreement Date for a period of ten (zo) years and any further renewals in accordance with paragraph 4 herein. 4.. Renewal. Following the expiration of the initial io-year Term, this Agreement will automatically renew for successive 5-year periods, unless terminated by either Party upon at least thirty (3o) days priorwritten notice. During the term of any successive renewal periods, the terms and conditions of this Agreement shall apply. Termination. SJE may terminate this Agreement at its sole discretion at anytime during the Term upon ninety (go) days' written notice to the Grantor. Further, this Agreement may be immediately terminated by either Party under either of the following circumstances: a. the other Party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for ninety (go) business days after receipt of written notice; or b. the other Party becomes insolvent or proceedings are instituted by or against it under any provision of any bankruptcy or insolvency laws. 6. Maintenance of Premises and Taxes. a. The Grantorshall cause the Premises to be maintained in a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. The Grantor shall be responsible for snow removal outside of the Charging Stations, and SJE shall be responsible for snow removal inside the Charging Stations. b. The Grantor shall have no responsibility to maintain the Charging Stations or related SJE equipment, hardware, software, or signage. SJE owns the Charging Stations and the Grantor shall not retain any ownership rights in the Charging Stations and related SJE equipment. Z Installation Activities. a. SJE shall, at its sole cost and expense, be responsible for all installation activities (the "Installation Activities") required to support the operation of the Charging Stations and services therewith, including furnishing and installing all materials, equipment, and labor required for the installation of the Charging Stations. This includes but is not limited to all work related to the development of plans and documents for supplying power to the Charging Stations per SJE standards and all permitting requirements; the hiring and coordination of all vendors and contractors; z5o876o- 51 Draft v 10 September 28, 2021 the installation of electrical equipment, utility lines, hardware, and software; and site preparation, trenching, repaving, and landscaping. Following the installation, SJE shall activate and commission the Charging Stations. b. SJE may, at any time during the Term and in its discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of the Charging Stations (collectively, "Modifications"), whether or not said items are considered fixtures and attachments to the Premises under applicable laws; provided, however, before any such Modifications, SJE shall provide at least sixty (6o) days prior notice to the Grantor and, to be included in such notice, supporting documentation of the Charging Stations' customer utilization justifying the need for any such Modifications. C. Before beginning any Installation Activities, SJE shall provide a copy of the construction schedule, Charging Stations specifications, and installation plans to the Grantor for its approval, which approval shall not be unreasonably delayed or withheld. No work shall begin until plans have been approved by all governmental authorities and all applicable permits and certifications have been obtained from all governmental authorities by SJE. d. With respect to its Installation Activities, SJE shall ensure that it or its designated contractor(s) or service providers perform Installation Activities only during times and days acceptable tothe Grantorand in a manner so as notto unreasonably interfere with the Grantor's business operations. e. Following the Installation Activities and any Modifications, SJE shall ensure that the Premises and any other portion of the Property shall be restored to a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. Should any of the Premises and any other portion of the Property become damaged following the Installation Activities or any Modifications that arose directly from the Installation Activities or any Modifications then SJE shall be responsible for repairing such damage at SJE's expense. f. On completion of any Installation Activities under this Agreement, the Grantor shall not retain any ownership rights of the Charging Stations and related equipment, hardware, software, signage, and supporting equipment and structures atthe Property. g_ The Charging Stations are to be connected to the electrical supply of the Saint John Water Commission facility located immediately adjacent to the Charging Stations (the "Facility") and to the extent necessary, the Grantor will make commercially reasonable efforts to assist SJE in facilitating the connection to SJE's distribution system, including the granting of easements for SJE's distribution lines. 8. Electricity. SJE shall offset the energy cost of the Charging Stations against the metered charges to the Saint John Water Commission for the Facility. Neither the Grantor nor SJE has any responsibility or liability for interruption, curtailment, failure, or defect in the supply z5o876o- 52 Draft v 10 September 28, 2021 or character of utilities furnished to the Charging Stations, unless the cause of the interruption is covered bythe Party's indemnity. g_ Charging Services, Operation and Maintenance. a. The Charging Stations shall be accessible to the general public as well as SJE's subscribers, customers, agents, employees, contractors, vendors, guests, and invitees ("SJE Customers"), who shall be charged in amounts reasonably determined by SJE, and which may change from time to time in SJE's sole discretion. b. SJE shall provide maintenance to the Charging Stations and ensure all equipment is properly checked, tested, and activated for safe and proper operation. The Charging Stations will be connected to a cloud -based network billing and communication system capable of monitoring the Charging Stations for errors, or malfunctions at all times. c. The Charging Stations shall have the abilityto stop flow of power when not in use. The system shall have over -current protection to prevent vehicles from drawing too much power. 10. Access. The Property includes a parking lot available to the public and the Grantor shall allow the public and SJE Customers complimentary access to the Premises at all times during the Term of this Agreement, except during times at which the Grantor must close the parking lot for maintenance, safety, special events, and other unforeseen reasons in the discretion of the Grantor. Otherthan in the case of an emergency, the Grantor shall use best efforts to notify SJE at least forty-eight (48) hours in advance of such a closure. Subject to all other provisions and obligations of this Agreement and applicable permitting requirements, SJE and its employees, contractors, and vendors may access the Premises and Property for Installation Activities according to paragraph 7 herein, and to maintain, inspect, repair, upgrade, or replace any portion of the Charging Stations. 11. Designated Parking Stalls. The Grantor will provide two designated parking stalls adjacent to the Charging Stations and these designated parking stalls shall be for the exclusive use of the public and SJE Customers to access the Charging Stations. 12. Signage and Striping. SJE may paint, place, erect, or project signage, marks, or advertising devices in, on, about, or around the Premises at SJE's sole cost and subject to applicable laws and regulations. At no time may the Grantor place any signage on the Premises or the Charging Stations. The signage shall be consistent with the Grantor's commercial retail theme and style. SJE shall install electric vehicle parking stall pavement striping and markings per the plans approved by the Grantor. All signage and pavement markings must be consistent with industry standards for electric vehicle parking, the City of Saint John requirements, and Provincial and Federal guidelines. SJE shall furnish and install and maintain all materials, equipment, and labor forthe Charging Stations signage and pavement markings. 3 Promotional Activities. During the Term of the Agreement, SJE and the Grantor may promote the availability of the Charging Stations through traditional and/or electronic media, z5o876o- 53 Draft v 10 September 28, 2021 including providing the address to the Property and a description thereof. No Party shall use the other Party's trade or service marks, logos, or other proprietary materials without the prior written consent of the other Party. 14. Restoration of Premises. Upon the termination of this Agreement, SJE shall remove the Charging Stations and all of SJE's other property from the Premises and Property within ninety (go) days. SJE shall return the Premises, and the Property to the extent SJE's work has damaged or altered the Property, to its original condition prior to the execution of this Agreement, reasonable wear and tear excepted. These obligations shall survive the termination of this Agreement and shall not be excused for any reason, including but not limited to termination due to SJE's insolvency. Indemnity. This Agreement is made upon the express condition that a. The Grantor shall indemnify and save harmless SJE from and against any claims, losses, damages, demands or actions rising out of any breach, violation or non- performance of any covenants or conditions in this Agreement required to be fulfilled, observed, and performed by the Grantor. b. SJE shall indemnify and save harmless the Grantor from and against any claims, losses, damages, demands or actions rising out of any breach, violation or non- performance of any covenants or conditions in this Agreement required to be fulfilled, observed, and performed by SJE. C. The Grantor shall be and remain responsible for all costs, expenses, fines, and penalties arising from hazardous waste, hazardous materials, environmental dangers, and environmental damage present priorto SJE occupying the Premises. The Grantor shall be responsible for all costs, expenses, fines, and penalties arising from hazardous waste, hazardous materials, environmental dangers, and environmental damage which arise during the Term and that occur as a result of the negligence, action or inaction of the Grantor, its employees, agents, or assigns. 16. Insurance. a. Minimum Coverage. SJE shall acquire and maintain general commercial liability insurance with respect to the installation, operation, and maintenance of the Charging Stations in the minimum amount of $5,000,000 in accordance with the terms and conditions of this Agreement. b. Limitation of Liability: In no event shall either Party be liable (in contract or in tort, including negligence and strict liability) to such other Party or its directors, officers, agents, and employees forany special, indirect orconsequential damages relating tothis Agreement. The entire liability of each Party for any and all claims of any kind arising from or relating to this Agreement will be subject in all cases to an affirmative obligation on the part of the other Party to mitigate its damages. Except with respect to its indemnification obligations under Paragraph 15, SJE's total liability to the Grantor on an z5o876o- 54 Draft v 10 September 28, 2021 aggregate basis arising out of or in connection with this Agreement, whether in contract or in tort, shall not exceed $5,000,000. 18. Representations, Warranties, and Covenants. SJE and the Grantor each hereby represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary corporate actions and none of the Agreement's provisions violate any term or condition of its governing documents, contracts to which it is a party, or any law, regulation, order, or other applicable legal determination; (c) there is no pending or known threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid, and binding obligation, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors' rights and general principle of equity: (f) that this Agreement and subsequent construction and maintenance of the Charging Stations shall not infringe any pre-existing lease agreements between the Grantor and other parties; and (g) at all times during the Term, it will comply with all applicable Federal, Provincial, and local laws, rules, and regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under the Agreement. ic). Notice. Any notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the Party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally -recognized overnight delivery carrier, with notice of delivery to the recipient Party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the Parties shall be as set forth in this Agreement. Each Party may change its address for notice by giving notice thereof to the other Party. 20. Property Rights; Assignment. This Agreement is binding on and enures to the benefit of the Parties and their respective heirs, successors, assigns, and personal representatives. In the event the Premises is transferred, orthe Grantor ceases to have the requisite level of control over the Premises necessary to fulfill its obligations under this Agreement (each, a "Transfer Event"), the Grantor shall assign its rights and obligations under this Agreement in a timely manner to the person or entity which would be able to comply with the Grantor's obligations following such Transfer Event. Further, the Grantor agrees that any such Transfer Event shall not affect, terminate, or disturb SJE's rightto use of the Premises underthe terms of this Agreement or any of SJE's other rights under this Agreement, so long as SJE is not then in default under any of the terms, covenants, or conditions of this Agreement. In the event the assignment of the Grantor's rights and obligations under this Agreement is not completed, the Grantor shall be responsible for all costs and expenses incurred by SJE to remove the Charging Stations from the Premises and install on other lands as determined by SJE. z5o876o- 55 Draft v 10 September 28, 2021 21. Casualty and Condemnation. If any portion of the Property is damaged by fire or other casualty in a manner that adversely affects SJE's use of the Premises, then either Party may, within thirty (30) days of the date of such fire or other casualty, electto terminate the Agreement by written notice to the other Party. If any portion of the Property is condemned or taken in any manner for a public or quasi -public use that could adversely affect SJE's use of the Premises, then SJE may elect to terminate the Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority. 20. No Agency Relationship. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the Parties for any purpose, and the employees of one Party shall not be deemed to be the employees of the other Party. Except as otherwise stated in this Agreement, neither Party has any right to act on behalf of the other, nor represent that it has such right or authority. 2. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. The Agreement shall be construed and deemed reformed tothe extent necessaryto rendervalid such term and the rights and obligations of the Parties shall be enforced accordingly. 22. Governing Law. This Agreement shall be governed by and interpreted in accordance with the internal laws of the Province of New Brunswick without giving effect to conflict of law rules. The venue shall be in the City of Saint John. No Waiver. No waiver by the Grantor or SJE of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by the Grantor or SJE of the same or any other provision. The Grantor's consent to, or approval of any act shall not be deemed to render unnecessary the obtaining of the Grantor's consent to or approval of any subsequent act by SJE. 24. Remedies. The rights and remedies provided bythis Agreement are cumulative, and the use of any right or remedy by any Party does not preclude or waive its rightto use any or all other remedies. These rights and remedies are given in addition to any other rights a Party may have under any applicable law, in equity or otherwise. Force Majeure. Neither Party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the Party's control. 26. No Third -Party Beneficiaries. This Agreement does not confer any rights or remedies on any person otherthan the Parties and their respective successors and permitted assigns. 1 Integration; Amendments. This Agreement and the Construction Contributions Agreement contain all agreements, promises, and understandings between the Parties, and z5o876o- 56 Draft v 10 September 28, 2021 there are no verbal or oral agreements, promises, or understandings between the Parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the Parties hereto. 28. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document. 2 C). Construction. All documents or items attached to, or referred in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. Each Party has cooperated in the drafting, negotiation, and preparation of this Agreement and nothing herein shall be construed against either Party on the basis of that Party being the drafter of such language. Recording of Agreement. SJE may record Notice of this Agreement with the New Brunswick Land Titles Office orthe New Brunswick Registry Office. IN WITNESS WHEREOF, the Parties execute this Agreement as of the date first above written. THE CITY OF SAINT JOHN By: ------ — -- By: Mayor And: Common Clerk Notice Address: 15 Market Square, Saint John, NB E21- 41-1 SAINT JOHN ENERGY Ray Robinson, President and CEO Notice Address: 325 Simms Street, Saint John, NB E2M 31-6 25o876o- 57 Draft v 10 September 28, 2021 Exhibit A Premises - Site Plan Overhead View of Site (Parking lot with High -Power Chargers) Close-up Overhead View Side view of parking stalls and cabinets Close-up of parking stalls z5o876o- 58 ft ++ QVM c o _ � n J ♦, CL = va L 0 O 0LLI CL O IL fU W y C � m roU t CV cl m 3 COMMON COUNCIL REPORT M&C No. 2021-132 Report Date September 28, 2021 Meeting Date October 04, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date — 54 Broad Street and 573 Woodward Avenue AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearings for the Zoning By- law rezoning application submitted by Matthew Carr for a property located at 54 Broad Street (PIDs 00000372; 00000232 and 55086151); and the rezoning application submitted by NJP Dev. Inc. for 573 Woodward Ave (portion of PID 55220701) for Monday, November 1, 2021 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law amendment application and the rezoning application received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, November 1, 2021. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. Ais] -2- REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part ofthe documentation at the public hearing. The following applications have been received: Name of Location Existing Proposed Zone Reason Applicant Zone Matthew Carr 54 Broad Neighbourhood Urban Centre To convert Street (PIDs Community Residential (RC) the existing (00000372; Facility (CFN) building into a 00000232 multi -unit and residential 55086151); building. Name of Location Existing Proposed Zone Reason Applicant Zone NJP Dev. Inc. 573 Low -Rise Mid -Rise To develop Woodward Residential Residential (RM) three multi - Avenue (RL) unit (portion of residential PID 55220701 buildings. STRATEGIC ALIGNMENT While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services, and economic growth. AI -3- SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None I' COUNCIL REPORT M&C No. 2021-274 Report Date September 28, 2021 Meeting Date October 04, 2021 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Fleet Replacement Procurement — October 2021 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Kevin LougheryI Chris Roberts Michael HugenholtzI Ian Fagan John Collin RECOMMENDATION It is recommended that Common Council award the purchase of one (1) Rubber Tire Excavator at a total cost of $270,363 plus HST to Paul Equipment & Son (2008). EXECUTIVE SUMMARY The City manages a fleet of approximately 285 vehicles/pieces of heavy equipment and each year, the City's Fleet Services Division works with various City departments to identify and replace vehicles/pieces of heavy equipment which have reached the end of their useful service lives. The purpose of this report is to make a recommendation to award the latest tendered vehicles/pieces of heavy equipment which require Common Council approval. The City currently has over 75 vehicles/pieces of heavy equipment past their optimal replacement point (ORP, a calculation based on the age of a vehicle/equipment, the odometer reading, overall condition and maintenance cost) and this year, 36 vehicles/pieces of heavy equipment (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. The rubber tire excavator in this recommendation is to replace unit 456. Unit 456 is a 2008 Volvo which is quickly approaching the end of its useful life with an ORP over 20. It has incurred $228,684.14 in lifetime maintenance cost and the escalating maintenance cost are expected to continue. This piece of equipment W -2- was considered a toolbox via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. PREVIOUS RESOLUTION Not applicable. REPORT The City's Fleet Services Division manages a fleet of four (4) excavators utilized by Public Works and Transportation Services and Saint John Water. Excavators are popular earthmoving pieces of equipment that feature a bucket, arm, rotating cab, and movable tracks or rubber tires. These components provide superior digging power and mobility, allowing this heavy equipment to perform a variety of functions, from digging trenches/ditches with a bucket, breaking rocks/holes via a breaker, to lifting away waste via a thumb and compaction via a compactor attachment. The rubber tire excavator in this report is to replace unit 456, a 2008 Volvo rubber tire excavator, which was purchased on April 22, 2008, and entered into service on September 29, 2008. Unit 456 is quickly approaching the end of its useful life, currently has an ORP of over 20 and has incurred $228,684.14 in lifetime maintenance cost with $81,599.08 occurring in the last four years. The escalating lifetime maintenance cost for this unit is expected to continue and has exceeded the initial purchase price of this unit. This piece of equipment was considered a toolbox via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. The new rubber tire excavator will also come with a 2,500-watt power inverter and Craig rock bucket which are, like for like, for accessories currently on unit 456 and additional pieces of equipment including a vibratory plate compactor, a thumb with controls, and a five thousand (5,000) hour / sixty (60) month protection plus extended warranty. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. A*I -3- SERVICEAND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2021 capital budget. The funds specifically are provided for in the Utility Fund Fleet Reserve, funded from the operating budget. The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for the Rubber Tire Excavator. As such the RFP closed on August 19, 2021 with the following proponents responding by submitting proposals: Brandt Tractor Ltd. Paul Equipment & Son (2008) Strongco Toromont Cat (Maritimes) A review committee, consisting of staff from Supply Chain Management, Saint John Water and Fleet Services reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Proponents Experience 3. Compliance with Specifications 4. Delivery Timeframe 5. Warranty 6. Cost Also, in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial bids were opened and evaluated, and corresponding scores were added to the technical scores. Paul Equipment & Son (2008) proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at the lowest cost. The above processes are in accordance with the City's Procurement Policy and Supply Chain Management support the recommendations being put forth. ATTACHMENTS None ARI COMMON COUNCIL REPORT M&C No. 2021-266 Report Date September 28, 2021 Meeting Date October 04, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Bilateral Funding Agreement- Various Municipal Buildings AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Samir Yammine J. Brent McGovern I John Collin RECOMMENDATION It is recommended that the City enter into an Agreement with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure Program for the following projects: 1) "Municipal Operations Complex - HVAC Replacement"; 2) " St. Patrick Street Pedway"; 3)"City Market Pedway", in the forms as presented to Council at its October 4, 2021 meeting; and that the Mayor and Common Clerk be authorized to execute the said Agreements. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into Agreements with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure Program for the following projects: 1) "Municipal Operation Complex - HVAC Replacement"; 2) "St. Patrick Pedway"; 3) "City Market Pedway". PREVIOUS RESOLUTIONS M&C 2021-051 — Utility and General Fund — Revised 2021 Capital Programs REPORT In 2017, the Government of Canada announced a $33 billion, ten-year funding agreement with the provinces / territories under four different funding streams (public transit, green infrastructure, community cultural and recreation infrastructure as well as infrastructure needs for rural and northern communities). C�� -2- The Province of New Brunswick signed the Bilateral agreement with the Federal Government in March 2018. The agreement provides for more than $673 Million dollars in Federal funding over the next decade. On March 2021, City staff submitted a funding application to the Regional Development Corporation (RDC) for the following projects: • Municipal Operations Complex— HVAC Upgrade • St. Patrick Street Pedway - HVAC Upgrade • City Market Pedway On August 30, 2021, The City received a notification from the Regional Development Corporation that the application was successful, and the City of Saint John has been approved for a grant in the amount of up to $ 132,000 or 80% of the eligible cost toward the three projects. The grant breakdown for the three projects is as follow: • Municipal Operations Centre — HVAC Upgrade $84,000 • Saint Patrick Street Pedway- HVAC Upgrade $24,000 • City Market Pedway_ HVAC Upgrade $24,000 As per the agreement, the three projects must be completed by December 31, 2023. The Bilateral fund will be used toward the design and upgrade of the HVAC system at the following municipal buildings: Municipal Operations Complex, City Market Pedway and St. Patrick Pedway. The proposed HVAC renewal projects will result in the following benefits: • Reduce annual Energy Consumption and Demand load by 93,000 kWh. • Reduce annual energy and maintenance costs by approximately $9,300. • Reduce annual GHG emissions by 25 teCO2. • Reduce the City Capital Investment by $132,000 • Reduce Infrastructure Deficit by $160,000 STRATEGIC ALIGNMENT The report aligns with being fiscally responsible and providing valued service delivery by identifying within the asset management plan municipal infrastructure requirements that can leverage funding available. AYA -3- SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total grant up to $132,000 or 80% of the eligible cost toward the three projects. The total cost for the three projects is approximately $160,000. City contribution is approximately $28,000. Funding is approved under the 2021 General Fund Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Canada — New Brunswick Integrated Bilateral Agreements have also been reviewed by the General Counsel's office. ATTACHMENTS Agreements with the Regional Development Corporation for funding under the Canada — New Brunswick Integrated Bilateral Agreement for Investing in Canada Infrastructure Program for the following projects: City Market Pedway, Municipal Operation Complex- HVAC, St. Patrick Street Pedway. C:�:3 Bruns"wick C A N A D A August 30, 2021 Her Worship Donna Noade Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41.1 SUBJECT: Project No.: 14166 Project Name: Municipal Operations Centre - HVAC Replacement Dear Madam Mayor: I am pleased to inform you that under the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "Municipal Operations Centre - HVAC Replacement" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($84,000) of the eligible expenditures for this project, 80% ($84,000) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($21,000) portion, is $105,000. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. Regional Development CorporatioNSoclUd de d6veloppement r6glonal P O BOYJC P 6D00 Fredericton New BrunswicklNouveau-Brunswick E3B 5HI Canada www.gnb.ca 11 I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA- EBI@gnb.ca. Please feel free to contact Sarah Robichaud, Project Executive, at 506- 453-5644 or sarah.robichaudQgnb.ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, Cade Libby President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form cc: Hon. Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan, Regional Development Corporation Canada BrunNew Nouveau sWiCK INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agreesto enter into Agreements with Recipients for funding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 28 71 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C — Communications Protocol Schedule D — Detailed Claim Form Schedule E — Progress Report Form Schedule F — Completion Documents - F.1 Declaration of Substantial Completion - F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 315% 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. "Effective Date" means the date of last signature of this Agreement. Page 2 of 28 roil "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April 1st of a calendar year and ending on March 3111 of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 rig] 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 301h, 2023 g) Project must be substantially completed by December 3151, 2023, or by December 3111, 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 rLl 4.3 APPROPRIATIONS Notwithstanding New Brunswick's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 5. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 01 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFO on a biannual basis (May 1511 and November 151h) 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the Procurement Act, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. in addition, the Project must also: - Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. - Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 WQ ownership of an Asset for the Asset Disposal Period. b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 NFA 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: aj Aboriginal groups have been notified and, if applicable, consulted; bj If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c} Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d] Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. Page 8 of 28 rE:3 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 31s' of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 315t, 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, Page 9 of 28 r�%7 evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement. a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 10 of 28 E:191 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 E-11I 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 E:YA b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada Page 13 of 28 E:ic3 under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, New Brunswick E36 51­11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI Pnb.ca or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and Page 14 of 28 Evil City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 15 of 28 E-111 SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCIftt DE DNELOPPEMENT RtGIONAL Original signed by: gkvv Cade Libby President if!�!± 1' Date City of Saint John I/We hereby confirm that I/we have the authority to bind the CITY OF SAINT JOHN Original signed by: Donna Noade Reardon Mayor Jonathan Taylor Common Clerk Date Date Page 16 of 28 E:11.1 SCHEDULE A— PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER:14166 PROJECT TITLE: Municipal Operations Complex — HVAC Replacement PROJECT DESCRIPTION This project consists of replacing the City of Saint John's Municipal Operation Complex heating, ventilation and air conditioning (HVAC) unit and control system, which is over 30 years old and has a Nigh risk of failure. The new system will improve indoor air quality, reduce GHG emissions by 38 teCO2, reduce capital expenditures, as well as operating and maintenance costs. ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $105,000 being an amount not exceeding $84,000. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2021-2022 $52,000 Fiscal Year 2022-2023 $32,000 Totals Funding Percentage Canada $84,000 80% New Brunswick $0 $0 $0 0 % Recipient $13,000 $8,000 $21,000 20 % 100% Total $65,000 $40,000 $105,000 New Brunswick will reimburse 80% (80% Canada and 0% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. Page 17 of 28 E:�l ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30th, 2023 and must be substantially complete by December 31st, 2023. Costs incurred after December 3112023 will not be eligible for reimbursement. The Project may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment, Aboriginal consultation and every additional condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/08/05 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2022/05/31 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Retrofits, Repairs and Upgrades Sub -Assets: Public Works Buildings Page 18 of 28 E:1:3 SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit }Mans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before August 3, 2021 and any and all expenditures related to contracts signed priorto Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 311, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 E-lue h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; 1) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 0191 SCHEDULE C— COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. Page 21 of 28 021 c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick word mark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence forCanada. 5. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or Page 22 of 28 My messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.aa.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.photos@ canada.ca along with project name and location. 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. 8. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of Page 23 of 28 019] each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. 9. Advertising Campaigns a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 OLI SCHEDULE D - DETAILED CLAIM FORM _ Regional Development Corporation Claim No: Bl w- SWeau P.o_ Box 6000, Fredericton, Now Brunswick E36 5H7 Final Clam i List all eligible project costs with invoices and cheque numbers on this torn. Include a copy of each invoice and proof of payment. Failure to record and support each cost wX cause a delay in processing. Project Number: 14166 Project Name: City of Saint John -Infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue AQencv 71.43% - municipality 11 22.33% - university ❑ 50% - non-profit organization 100%-other ❑ 0% -none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor For office use only Claim Reviewer Date I� 122320-14.14-34-14 I Project officer Date I� — 122320-14-14 Payment request Payment Authority account Page 25 of 28 Claim Auditor OV SCHEDULE E•PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project #14166 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the .day of 20. 3. That the work: a. Was carried out by (the prime contractor). Between the dates of (start date) and (completion date); b. Was supervised and inspected by qualified staff; c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (City), in the Province of New Brunswick this day of (date). Signature Page 27 of 28 Otl SCHEDULE (F.2). PROJECT COMPLETION REPORT Digital version to be sent at a later date Page 28 of 28 r-U O O 4° O o `O s w ... a cr E °0. '= � y is y C — O W a) v Q ai 'O qp O . �D A by 6a O 0 w a4 ..mow O bU 3 •� * O G+ !'. > �s . c cd V O p � � •� � v O 7 Ir 0 .mow Q .20 a. E 2 p, w F= A C Qaip w y.vi 0 p" 3 C O O, u to ca O p a) .O U a) , C O a) 7, .d C bD z z oca o L+EL O O y 0 Q Q b U U •v q , S. N¢ a> p 96 zaaa:?¢w A Me%] a 0 a d CD • • aa0,z a .�Cm ° o t" N G (QD p w O w G O r� co aex��� � w C O R.th p V] (a m �O N c4 �' O . y ••• fD O vi C C Q. c _n o � w roN rpA y CD w_ W 9 o 0 C 't w m p � A QQ O c` c•r y �'�p � r� G � rA... O C�.r� •�i a pj � y r► (A r h V �, Yd �• iD C CL N c"D.• G w CD,'� �' •xs c s C .0 rn �U- 0 tv n CD O• ci. C F Vl 0 tD � N• � G � � O, �; �' `� � • A C (D, to y C O Co rL X f�A (A • [D (D ((a C O (D to 0 ti N W �p �O CL CD r�O (D 0 n" 80 d b O ON C eo. `tell] BrU11SW 1Ck C A N A D A August 30, 2021 Her Worship Donna Noade Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21_ 41-1 SUBJECT: Project No.: 14167 Project Name: St. Patrick Street Pedway Dear Madam Mayor: I am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "St. Patrick Street Pedway" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($24,000) of the eligible expenditures for this project, 80% ($24,000) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($6,000) portion, is $30,000_ The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices_ All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. Regional Development CorporatloNsocift de dbveloppement r6gional P O Box/C P 6000 Fredenclon New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca 101 I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA- EBICcinb.ca. Please feel free to contact Sarah Robichaud, Project Executive, at 506- 453-5644 or sarah.robichaud agnb,ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, Cade Libby �Z President Enclosure: Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form cc: Hon. Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan, Regional Development Corporation li[oy� Canada New Nouveau Brunswick INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients forfunding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page i of 28 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C — Communications Protocol Schedule D — Detailed Claim Form Schedule E — Progress Report Form Schedule F —Completion Documents F.1 Declaration of Substantial Completion F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 315C, 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. Page 2 of 28 W91111 "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April 11 of a calendar year and ending on March 31s' of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement far the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 iiWei 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 30th, 2023 g) Project must be substantially completed by December 3151, 2023, or by December 315t, 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 li191-1 4.3 APPROPRIATIONS Notwithstanding New Brunswick's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. S. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 `[9tl 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFO on a biannual basis (May 15th and November 15th). 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the ProcurementAct, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 `[@1:] ownership of an Asset for the Asset Disposal Period. b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. if the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 fi[ole.] 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. Page 8 of 28 IlsK 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 31s' of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 315t, 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick and in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, Page 9 of 28 111 evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (i) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 10 of 28 MM 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 1111191 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 ME111 b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. Page 13 of 28 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to Information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, New Brunswick E313 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI nb.ca Page 14 of 28 `M1.1 or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 15 of 28 MIN SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCKTIs DE DNELOPPEMENT REGIONAL Original signed by: 9-// ___ Cade Libby President Date City of Saint John I/We hereby confirm that I/we have the authority to bind the CITY OF SAINTJOHN Original signed by: Donna Noade Reardon Mayor Jonathan Taylor Common Clerk Date Page 16 of 28 Date fiIII E:3 SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER:14167 PROJECT TITLE: St. Patrick Street Pedway PROJECT DESCRIPTION: The project consists of repairing the roof of the existing St. Patrick Street Pedway which connects the Market Square Facility with the Aquatic Center facility. The pedway roof has shown signs of water leaks therefore certain areas need to be repaired to ensure the roof is watertight. The work planned would also include the replacement of the existing air handling unit that is well past its useful life ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $30,000 being an amount not exceeding $24,000. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2021-2022 Funding Percentage Canada $24,000 80% New Brunswick $0 0 % Recipient $6,000 20 % Total $30,000 100% New Brunswick will reimburse 80% (80% Canada and 096 New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. Page 17 of 28 ii§E%7 FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30th, 2023 and must be substantially complete by December 31st, 2023. Costs incurred after December 31st 2023 will not be eligible for reimbursement. The Project may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment. Aboriginal consultation and every additional condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/09/05 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2022/02/28 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Active Transportation Sub -Assets: Other - Ped ways Page 18 of 28 `Wel SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and - The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before August 3, 2021 and any and all expenditures related to contracts signed prior to Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 315t, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 121 h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; I) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 MA SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. Page 21 of 28 `P491 b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (In the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence for Canada. 5. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use of the Canada wordmark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.sa.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to Page 22 of 28 M111 INFC.phgtosC canada.ca along with project name and location. 5. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. 8. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding of each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. 9. Advertising Campaigns Page 23 of 28 `P491 a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 W-1 SCHEDULE D - DETAILED CLAIM FORM n_ Regional Development Corporation Claim No: BNew veau SW1Ck P.O. Box soap, Frederkzton, New Brunswick E38 5NI IBA - COVIDI9 (federal) Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 14167 Project Name: City of Saint John -Infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality 22.33%-university 50%-non-profiitorganizatiion ❑100%-other 0%-none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone For office use only Eligible & supported costs Claim Reviewer Less: previous advance --122-320-14�14 Project Officer Add: current advance I--- 122320.14.14 Payment Authority 9195 CITYSJ Vendor Payment request account r Page 25 of 28 Date Date Claim Auditor HOW SCHEDULE E - PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 `W-13 SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the (title, organization), and as such have knowledge of the matters set forth in this affidavit; 2. That the work identified as Project #14167 as described in Schedule Ain the above- mentioned Agreement has been substantially completed on the day of 20�. 3. That the work: a. Was carried out by (the prime contractor). Between the dates Of (start date) and (completion date); b. Was supervised and inspected by qualified staff; c. Conforms with the plans, specifications and other documentation for the work; and d. Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. Declared at (City), in the Province of New Brunswick this day of (date). Signature Page 27 of 28 ii1184%1 SCHEDULE (F.2) - PROJECT COMPLETION REPORT Digital version to be sent at a later date Page 28 of 28 M9191 =U 40. 0 � ;O alC A rl . O C c� , tl� Lo ° .0 N PCI C � �' '3 • ~ � •� C fl O a� c�i 7 . O Ow Cd O eta 3" o � N � t►r a� G � d .0 p z z PC A o FA Cc 1. At z G u A ,�, rw zr- zo N C. O F+ m O U V ''CO 0. ti D ; o $ �Q zma �¢r A • • • s Q 131 Ft A O b ro b E > ro z a ry> <1) a R Q N Z w $ 5cn - n' .. mn J o o N C N g' o Co o• r0 '3�"" 0 �y � A• N E G c4 B Uq co Vi C G y CD CD �1 0 o CL co (D O w Q y N Q N �a FA A. A raA n k-b A Q 00 0D O O n � R, e%r'D � A r• m fb C L7 .. R A d a QQ A • ' . ., Cos cu N ry (y .�-' c0 y G cR w' C� • O • � C `O O A� �, 'i7 �. 't7 �. (rQ . CD w r•r fD• `C 'Ci CAD ^• N w �_ El O CD,h = CD CwD, 0CD CD :� CD �n ?C y fib F C. e0r .�► w CD, c A Cm . *. o' 1CD 4 �b w" =d q � m O fi O !p ,. (AA .CD o Ua rA •C CA C h ' N r-L o Do, F CD C 0 w o `•, cD m ro h w C c�a ,� to c a w C }.. P)• •ht G rC N A rA N• h w h ,0 C R O CD, O `p =CL C n er Cep, tin U G .o O a �' CD otv, CD to c h co:co comot iC vh, �• h h 0 � O � C zCD 0 v 9 CD N N CD CD k4 CD • CD � to r• C� CD h A_ • ego C S CJI 01 Qq � O• � Cx rA w C:� {tbi �s Ir `19% Brunswick C A N A D A August 30, 2021 Her Worship Donna Noade Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41.1 SUBJECT: Project No.: 14172 Project Name: City Market Pedway Dear Madam Mayor: I am pleased to inform you that under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, your project entitled "City Market Pedway" has been approved. Funds allocated to the project are from Infrastructure Canada (INFC) and the Regional Development Corporation (RDC). You will receive a financial contribution of 80% ($24,000) of the eligible expenditures for this project, 80% ($24,000) INFC and 0% ($0) RDC. The maximum eligible expenditure, including your 20% ($6,000) portion, is $30,000. The funds allocated to your project are subject to terms and conditions outlined in the agreement and schedules of the enclosed Integrated Bilateral Agreement Contribution Agreement. Any claim for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices. All payments will be done by electronic funds transfer. Please complete the attached direct deposit service form. Please be advised that as per the agreement, all communication activities related to the aforementioned project are to be undertaken jointly with the Federal and Provincial Governments. Regional Development CorporatioNSoclW de d6veloppement r6gional P O Box/C P 6000 Fredericton New Brunswick/Nouveau-Srunswick E313 5H1 Canada www.gnb.ca 133 I would appreciate if you could confirm your acceptance of the conditions by signing the enclosed agreement and returning it and the direct deposit service form to RDC at IBA- EBlgnbeca. Please feel free to contact Sarah Robichaud, Project Executive, at 506- 453-5644 or slarah.robichaud cnb,ca if you have any questions or concerns. I look forward to the successful completion of this project. Sincerely, 914� � Cade Libby President Enclosure. Integrated Bilateral Agreement Contribution Agreement Direct Deposit Service Form cc: Hon. Arlene Dunn, Minister of Economic Development and Small Business, Opportunities New Brunswick, Immigration, and Aboriginal Affairs Jennifer Brennan, Regional Development Corporation `Kt"I Canada New mNouveau Brunswick INTEGRATED BILATERAL AGREEMENT CONTRIBUTION AGREEMENT This Agreement is made as of the date of last signature. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Regional Development Corporation ("New Brunswick") AND: CITY OF SAINT JOHN in the Province of New BRUNSWICK ("Recipient") Individually referred to as a "Party" and collectively referred to as the "Parties". WHEREAS CANADA AND NEW BRUNSWICK entered into a funding agreement, the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program, effective March 18, 2018, to establish the terms and conditions whereby Canada will provide funding to New Brunswick for Projects; AND WHEREAS Canada agrees to deliver up to a maximum of $673,217,568 to New Brunswick in four key areas: public transit; green infrastructure; community, culture and recreation infrastructure; and rural and northern communities infrastructure; AND WHEREAS New Brunswick agrees to enter into Agreements with Recipients for funding, namely the present Integrated Bilateral Agreement Contribution Agreement (Agreement); AND WHEREAS this Agreement is made pursuant to the Canada - New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program and therefore all relevant provisions of that Funding Agreement shall apply; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to establish the terms and conditions whereby New Brunswick will provide funding to the Recipient for the Project described in Schedule A. Page 1 of 28 119191 2. ANNEXES AND SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A— Project Description Schedule B — Eligible and Ineligible Expenditures Schedule C —Communications Protocol Schedule D -- Detailed Claim Form Schedule E — Progress Report Form Schedule F — Completion Documents FA Declaration of Substantial Completion - F.2 Project Completion Form 3. INTERPRETATION 3.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this section. "Agreement" means this Integrated Bilateral Agreement Contribution Agreement and all schedules, as may be amended from time to time. "Agreement End Date" means the date at which the final payment is made to the Recipient which will, in any case, be no later than March 311% 2024. "Asset" means any real or personal property or immovable or movable asset, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with contribution funding provided by New Brunswick under the terms and conditions of this Agreement. "Asset Disposal Period" means the period ending five (5) years after a Project is Substantially Completed. "Canada" means the Government of Canada, as represented by the President of the Queen's Privy Council for Canada, Minister of Infrastructure, Communities and Intergovernmental Affairs. "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences. Public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials under this Agreement. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to a Project in return for financial consideration. "Effective Date" means the date of last signature of this Agreement. Page 2 of 28 "Eligible Expenditures" means those costs incurred and paid that are eligible for reimbursement by New Brunswick, with funds from New Brunswick and Canada, as set out in Schedule B that have been approved as part of a Project approval. "Fiscal Year" means the period beginning April 15t of a calendar year and ending on March 3V of the following calendar year. "IBA Funding Agreement" means the Integrated Bilateral Agreement far the Investing in Canada Infrastructure Program, which sets out the roles and responsibilities of Canada and New Brunswick for the delivery of the program, including attached Schedules. "Incurred" means an event or transaction has taken place for which an obligation to pay exists, even if an invoice has not been received, such that the underlying evidence indicates there is little or no discretion to avoid the obligation. The value of the obligation is to be calculated in accordance with recognized Canadian accounting standards. "Joint Communications" means events, news releases, and signage that relate to this Agreement and are collaboratively developed and approved by Canada, New Brunswick and, where applicable, the Ultimate Recipient, and are not operational in nature. "Oversight Committee" means the committee established under the IBA Funding Agreement consisting of representatives from Canada and New Brunswick. "Person" means, without limitation, a person, New Brunswick, an Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. "Project" or "Projects" means the project approved by New Brunswick and Canada under the IBA Funding Agreement as described in Schedule A. "Substantial Completion" or "Substantially Completed" means, when referring to a Project, that the Project can be used for the purpose for which it was intended. 3.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties. No prior document, negotiation, provision, undertaking or agreement in relation to the subject of the Agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express, implied or otherwise, is made by New Brunswick to the Recipient except as expressly set out in this Agreement. 3.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date. Page 3 of 28 ii19YA 4. OBLIGATIONS OF THE PARTIES 4.1 COMMITMENTS BY NEW BRUNSWICK a) New Brunswick agrees to provide funding from Canada and New Brunswick to the Recipient in accordance with Schedule A. b) Subject to paragraph 4.2 c) the Parties agree that New Brunswick's role is limited to providing funding to Projects and that New Brunswick and Canada will have no involvement in the implementation of any Project or its operation. New Brunswick and Canada are neither a decision -maker nor an administrator of the Project. 4.2 COMMITMENTS BY THE RECIPIENT a) The Recipient agrees to complete the Project, claim only for Eligible Expenditures in a diligent and timely manner, and is responsible for any unapproved expenditures and cost overruns. b) The Recipient will be responsible for the costs of producing and installing federal and provincial program signs. Signage costs are an Eligible Expenditure. c) If the Project is not completed or is cancelled, the Recipient agrees to return any previous payments to New Brunswick within thirty (30) days of written notification to that effect. d) The Recipient shall allow any authorized representative of New Brunswick or Canada reasonable access to the project site to assess the Project's progress, to review all records and accounts maintained and to carry out the evaluation process required for the implementation of the IBA Funding Agreement. The Recipient shall provide all records and accounts as requested by New Brunswick. e) The Recipient agrees to bear all operating expenditures of the Project. f) Construction must begin by September 301h, 2023 g) Project must be substantially completed by December 315t, 2023, or by December 3151, 2024 if located in a remote community (Remote community defined as being located 25km outside either Fredericton, Moncton, or Saint John with a population of 5,000 or less) Page 4 of 28 1191:3 4.3 APPROPRIATIONS Notwithstanding New Brunswick's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Legislature of New Brunswick or the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. New Brunswick and Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the program under which this Agreement was made or otherwise, as evidenced by any appropriation act of the provincial or federal Crown's main or supplementary estimates expenditures. New Brunswick and Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. S. FISCAL YEAR BUDGETING a) The amount of contribution funding payable by New Brunswick and Canada each Fiscal Year is set out in Schedule A. b) If the actual amount payable by New Brunswick and Canada in respect of any Fiscal Year is less than the estimated maximum amounts in Schedule A, the Recipient may request that New Brunswick and Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 4 (Appropriations), New Brunswick and Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of New Brunswick and Canada's contribution funding to a Project will require appropriation adjustments or provincial and federal Crown approvals. c) In the event that any requested re -allocation of New Brunswick and Canada's contribution funding to a Project is not approved, the amount of New Brunswick and Canada's contribution payable in accordance with Schedule A may be reduced by the amount of the requested re -allocation. If the contribution payable by New Brunswick and Canada in accordance with Schedule A is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 6. PROJECT IMPLEMENTATION 6.1 The Recipient shall not change the Project scope, timing or location without the prior written approval of New Brunswick. The Recipient will promptly inform New Brunswick should the project be cancelled. Page 5 of 28 iiEcIO.] 6.2 Progress reports (as set out in Schedule E) for all approved projects under the Covid-19 Resilient Infrastructure Stream (CVRIS) will need to be submitted to INFO on a biannual basis (May 15t" and November 15tn) 6.3 The Recipient will be responsible for arranging the engineering design, calling of public tenders, and awarding of the contract to the successful bidder, and overall management of the contract. The Recipient will award and manage all contracts in accordance with their relevant policies and procedures and, if applicable, in accordance with the Agreement on Internal Trade and applicable international and interprovincial trade agreements, and all other applicable laws, including the Procurement Act, SNB 2012, c.20. If New Brunswick determines that a Contract is awarded in a manner that is not in compliance with the foregoing, upon notification to the Recipient, New Brunswick may consider the expenditures associated with the Contract to be ineligible. 6.4 The Recipient agrees to ensure that the Project work shall be carried out in accordance with all federal, provincial, or municipal (local government) rules, regulations and laws governing such work and in accordance with the best general practices then current at the time of construction of the project. In addition, the Project must also: Meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework on Clean Growth and Climate Change. - Meet or exceed the requirement of the highest published accessibility standard in a jurisdiction, in addition to applicable provincial building codes and relevant municipal by-laws. 6.5 The Recipient consents to the participation of New Brunswick or its representative at all public tender openings if requested by New Brunswick. 6.6 New Brunswick reserves the right to request additional information for review and approval purposes, including assessment of risks, or to make a determination as per Sections 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation). 6.7 Repair, restoration or replacement of property that was required to be removed, altered, damaged or destroyed in the course of carrying out the Project will be performed to bring the property to its pre-existing condition, meaning the same condition that the property was in at the time of the removal, alteration, damage, or destruction. Except as may be required by law, the work and materials required to bring the property to its pre-existing condition shall not exceed the quality or quantity as originally existed. Eligible Expenditures will not include any expenditures for enhancements or improvements. 7. ASSETS 7.1 DISPOSAL OF ASSETS a) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and Page 6 of 28 `«91 ownership of an Asset for the Asset Disposal Period. b) If at any time within the Asset Disposal Period, the Recipient sells, leases, or otherwise disposes of, directly or indirectly, any Asset purchased, acquired, constructed, rehabilitated or renovated, in whole or in part, under this Agreement, other than to Canada, New Brunswick, a Local Government, or with New Brunswick's written consent, the Recipient may be required to reimburse New Brunswick any funds received from New Brunswick and Canada for the Project and will notify New Brunswick in writing within ninety (90) business days of the transaction. 7.2 REVENUE FROM ASSETS The Recipient acknowledges that New Brunswick and Canada's contributions to a Project is meant to accrue to the public benefit. The Recipient will notify New Brunswick in writing within ninety (90) business days of the end of a Fiscal Year if any Asset owned by a for -profit Recipient is used in such a way that, in the Fiscal Year, revenues are generated from it that exceed its operating expenses. New Brunswick and Canada may require the Recipient to immediately pay to New Brunswick and Canada a portion of the excess in the same portion as the total cost of the Asset. This obligation will only apply during the Asset Disposal Period. 7.3 REPAYABLE CONTRIBUTIONS Any funding provided to a Recipient that is a private sector body intended to allow the business to generate profits or to increase the value of the business, will be repayable to New Brunswick and Canada. 8. ENVIRONMENTAL ASSESSMENT AND LICENSING 8.1 The Project may be subject to, among others, New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act. That Regulation contains a list of undertakings found in Schedule A of the Regulation, which are required to be registered and screened to determine whether a full Environmental Impact Assessment is warranted. If the project requires registration, a determination on the project must be obtained from the Minister of Environment and Local Government prior to any site work on the Project beginning. 8.2 The Project may also be subject to, among others, Canadian Environmental Assessment Act (2012). This Act contains a list of physical activities found in Regulations Designating Physical Activities of the Act, which are required to be a designated project for an environmental assessment. If the Project is a designated project under the Canadian Environmental Assessment Act (2012), a decision statement must be obtained prior to any site work on the Project beginning. Page 7 of 28 M111il 8.3 If the Project requires registration under New Brunswick Regulation 87-83 Environmental Impact Assessment Regulation — Clean Environment Act and/or is deemed to be a designated project under the Canadian Environmental Assessment Act (2012), no site preparation, vegetation removal or construction will occur for a Project and no funds will be advanced to a recipient for expenditures related to construction work until New Brunswick and Canada are satisfied that all requirements under this act, other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and other applicable agreements between Canada and Aboriginal groups are met and continue to be met. 8.4 The Recipient will obtain all necessary licenses, permits, and approvals required for the Project by applicable legislation, regulations and by-laws be they Federal, Provincial or Municipal. 9. ABORIGINAL CONSULTATION 9.1 Funding for the Project is conditional upon New Brunswick and Canada being satisfied that obligations with respect to the legal duty to consult, and if applicable, requirement to accommodate Aboriginal groups are met. 9.2 No site preparation, vegetation removal or construction will occur for a Project and New Brunswick and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by New Brunswick and Canada, until New Brunswick and Canada are satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirement has been met and continues to be met. If required, New Brunswick and Canada must be satisfied that for each Project: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that New Brunswick and Canada may deem appropriate. 9.3 The Recipient will comply with all obligations (i) under Applicable Law; (ii) as required by regulatory bodies having jurisdiction over the subject matter of the project; and (iii) under common law, to engage in Aboriginal consultation and consider Aboriginal interests. Page 8 of 28 10. CLAIMS AND PAYMENT 10.1 Each claim for reimbursement of Eligible Expenditures shall be submitted on forms herein provided in Schedule D. Claims will include copies of invoices along with all supporting documents, proof of payment of each invoice submitted for reimbursement, and such other documents as may be requested by New Brunswick. 10.2 When any other federal or provincial assistance is given or is to be given in respect of the Project which was not taken into consideration in the original application, the contribution hereunder may be reduced by a corresponding amount. 10.3 New Brunswick reserves the right to withhold any or all reimbursements of Eligible Expenditures until completion documents provided in Schedule F are completed and returned to New Brunswick by the Recipient. 10.4 New Brunswick will not pay interest for failing to make a payment under this Agreement. 10.5 New Brunswick will not pay capital costs for a Project until the requirements under Section 8 (Environmental Assessment and Licensing) and Section 9 (Aboriginal Consultation), if applicable, are, in New Brunswick's opinion, satisfied to the extent possible at the date the claim is submitted to New Brunswick. 10.6 No claim for reimbursement shall be paid by New Brunswick unless it is received on or before January 315t of the year following the Fiscal Year in which the Eligible Expenditure is incurred and, in all circumstances, no later than March 315% 2024. 11. REPORTING The Recipient will provide to New Brunswick at minimum on a biannual basis a Project progress report in a format acceptable to New Brunswick acid in accordance with Schedule E (Progress Report Form); and will submit, in a format acceptable to New Brunswick, a final project report in accordance with Schedule F (Completion Documents). 12. RETENTION OF CONTRIBUTION There will be no retention of contribution for this project. 13. AUDITS The Recipient agrees to allow New Brunswick reasonable and timely access to all its documentation, records and accounts and those of their respective agents or third Parties related to the Project, and all other relevant information and documentation requested by New Brunswick, or their designated representatives, for the purposes of audit, Page 9 of 28 `[191 evaluation, and ensuring compliance with this Agreement. 14. RECORD KEEPING The Recipient will keep proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, and vouchers in respect of the Project, for at least seven (7) years after the IBA Funding Agreement End Date and will provide New Brunswick and their designated representatives with reasonable and timely access to documentation for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 15. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious. b) If a contentious issue arises, the Oversight Committee will examine it and will, in good faith, attempt to resolve the contentious issue as soon as possible, and, in any event, within thirty (30) business days from the receipt of notice of such contentious issue. Where the Oversight Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within ninety (90) business days from the date of referral to the Parties. c) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the contentious issue. d) Any payments related to any contentious issue raised by either Party may be suspended by New Brunswick together with the obligations related to such issue, pending resolution. e) The Parties agree that nothing in this section will affect, alter or modify the rights of New Brunswick to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following event constitutes the "Event of Default" under this Agreement: a) The Recipient has not complied with one ore more of the terms and conditions of this Agreement. Page 10 of 28 MIE!1 16.2 DECLARATION OF DEFAULT New Brunswick may declare default if: a) The Event of Default occurs; b) New Brunswick gives notice to the Recipient of the event, which in New Brunswick's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate to the satisfaction of New Brunswick that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that New Brunswick declares default, New Brunswick may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend or terminate any obligation by New Brunswick to contribute or to continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension or termination; b) Require the Recipient to reimburse New Brunswick all or part of the contribution paid by New Brunswick to the Recipient; or c) Terminate this Agreement. 17. LIMITATION OF LIABILITY In no event will New Brunswick or Canada, its officers, servants, employees or agents be meld liable for any damages in contract, tort (including negligence) or otherwise, for: a) any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project. Page 11 of 28 111511191 18. INDEMNIFICATION The Recipient will at all times indemnify and save harmless New Brunswick and Canada, its officers, servants, employees, or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) any damage to or loss or destruction of property of any Person; or c) any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long-term obligation in relation to this Agreement or the Project, except to the extent to which such actions, by claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick or Canada in the performance or his or her duties. 19. COMMUNICATIONS 19.1 No public announcement of an activity related to the Project shall be made by the Recipient without the prior written consent of New Brunswick. 19.2 The Parties shall comply with the communications guideline set out in Schedule C referred to as the Communications Protocol. 20. GENERAL 20.1 SURVIVAL Any provision in this Agreement which imposes an obligation after the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. 20.2 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer -employee relationship in any way or for any purpose whatsoever between New Brunswick and the Recipient or between New Brunswick and any third party. Page 12 of 28 fl[I:1 b) The Recipient will not represent itself, including in any agreement with a third party, as a partner, employee or agent of New Brunswick. 20.3 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared, in accordance with the public sector accounting standards in effect in Canada. 20.4 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original Agreement. 20.5 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 20.6 AMENDMENTS This Agreement may be amended from time to time on written agreement of the Parties. 20.7 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. Page 13 of 28 fi[lr/ 20.8 FORCE MAJEURE If any of the obligations within this Agreement is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. 21. OTHER 21.1 New Brunswick and the Recipient acknowledge that the financial contribution by Canada under this Agreement and, in consideration of that contribution and notwithstanding that Canada is not a signatory to this Agreement, the Parties agree that the terms of this Agreement applicable to or with respect to Canada, are for her sole benefit. 21.2 Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as an agent for the other. Nothing in this Agreement is to be construed as authorizing the Recipient or any third Party to contract for or to incur any obligation on behalf of either Party or to act as an agent for either Party. 21.3 If there is a conflict between this Agreement and the IBA Funding Agreement, the provisions of the IBA Funding Agreement will apply. 21.4 The Recipient will ensure that no current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or New Brunswick applies will derive direct benefit from the Project's funding, unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 21.5 This Agreement is subject to the provincial Right to information and Protection of Privacy Act as well as the federal Access to Information Act and the Privacy Act. 21.6 In the event of a breach of any of the terms and conditions of this Agreement by the Recipient, no further contributions shall be made by New Brunswick and all previous payments shall be returned to New Brunswick within thirty (30) days of written notification to that effect. 22. NOTICE Any notice provided under this Agreement may be delivered in person, sent by email, facsimile or mail, addressed to: Page 14 of 28 `[E:3 For New Brunswick: Regional Development Corporation P.O. Box 6000 Fredericton, New Brunswick E36 51-11 Phone: 506-453-2277 Fax: 506-453-7988 Email: IBA-EBI@Rnb.ca or such other address, email or facsimile number, or addressed to such other person as New Brunswick may, from time to time, designated in writing to the Recipient; and City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21- 41-1 Phone: (506) 648-3713 Email: cityclerk@saintjohn.ca Or such other address, email or facsimile number, or addressed to such other person as the Recipient may, from time to time, designate in writing to New Brunswick. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 23. COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws, regulations, all requirements of regulatory bodies having jurisdiction over the subject matter of the Project and any common law obligations to consult with, and where appropriate, will engage in Aboriginal consultation and consider Aboriginal interests. 24. GOVERNING LAW This Agreement is governed by the laws applicable in the Province of New Brunswick. 25. SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. Page 25 of 28 SIGNATURES REGIONAL DEVELOPMENT CORPORATION SOCII!T9 DE DNELOPPEMENT RIGIONAL Original signed by: Cade Libby President Chat 04 City of Saint John /We hereby confirm that I/we have the authority to bind the CITY OF SAINT JOHN Original signed by: Donna Noade Reardon Mayor Jonathan Taylor Common Clerk Date Date Page 16 of 28 iiB191 SCHEDULE A — PROJECT DESCRIPTION RECIPIENT: City of Saint John PROJECT NUMBER: 14172 PROJECT TITLE: City Market Pedway PROJECT DESCRIPTION: The project consists in the replacement of the existing heating, ventilation and air conditioning (HVAC) system for the City Market Pedway which connects the City Market to Brunswick Square. The existing HVAC system is well past its useful life and requires a full replacement ELIGIBLE PROJECT EXPENDITURES: The Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program shall contribute a financial incentive of 80% of the aforementioned eligible project expenditures of $30,000 being an amount not exceeding $24,000. Subject to this Agreement, the Recipient shall be responsible for contributing at least 20% of the Eligible Expenditures of the project implemented under this Agreement. Expenditure overruns will not be considered as Eligible Expenditures and will be the responsibility of the Recipient. No contribution shall be made under the Canada — New Brunswick Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program with respect to any expenditure incurred other than the eligible project expenditures. FINANCING OF PROJECT: Funding Source Fiscal Year 2021-2022 Funding Percentage Canada $24,000 80% New Brunswick $0 0 % Recipient $6,000 20 % Total $30,000 100% New Brunswick will reimburse 80% (80% Canada and 0% New Brunswick) of eligible costs on each claim submitted for reimbursement up to the total approved contributions. FEDERAL ENVIRONMENTAL AND/OR IMPACT ASSESSMENT REQUIREMENTS: No. FEDERAL INDIGINOUS CONSULTATION/NOTIFICATION REQUIREMENTS: No. Page 17 of 28 151 ADDITIONAL CONDITION: a) The Recipient will demonstrate to New Brunswick's satisfaction that all funding to complete the Project has been secured, prior to New Brunswick paying eligible costs. b) Unless otherwise agreed to by New Brunswick, the Recipient agrees to retain title and ownership of an Asset for the Asset Disposal Period. c) For your project to be eligible for funding, construction must start before September 30th, 2023 and must be substantially complete by December 31jt, 2023. Costs incurred after December 315t 2023 will not be eligible for reimbursement. The Project may not proceed with construction until Canada and New Brunswick can confirm that the obligations for environmental assessment Aboriginal consultation and every,additional condition have been met. FORCASTED CONSTRUCTION START DATE (YYYY/MM/DD): 2021/08/05 FORCASTED CONSTRUCTION END DATE (YYYY/MM/DD): 2022/02/28 PROJECT CATEGORY OUTCOMES/BENEFITS that will need to be quantified: Category: Active Transportation Sub -Assets: Other - Pedways Page 18 of 28 iW SCHEDULE B — ELIGIBLE AND INELIGIBLE EXPENDITURES ELIGIBLE EXPENDITURES Eligible Expenditures will include the following: a) All costs considered by New Brunswick and Canada to be direct and necessary for the successful implementation of an eligible Project, excluding those explicitly identified in the Ineligible Expenditures section below, and which may include capital costs, design and planning, and costs related to meeting specific program requirements, including completing climate lens assessments and creating community employment benefit plans; and b) The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: - The Recipient is able to demonstrate that it is not economically feasible to tender a Contract; and The arrangement is approved in advance and in writing by New Brunswick and Canada. INELIGIBLE EXPENDITURES Ineligible expenditures will include the following: a) Costs incurred before August 3, 2021 and any and all expenditures related to contracts signed priorto Project approval, except for expenditures associated with completing climate lens assessments; b) Costs incurred after December 31st, 2023 c) Costs incurred for cancelled Projects; d) Costs of relocating entire communities; e) Land acquisition; f) Leasing and, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the Project; real estate fees and related costs; g) Any overhead costs, including salaries and other employment benefits of any employees of the Recipient, any direct or indirect operating or administrative costs of Recipients, and more specifically any costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the Recipient's staff, except in accordance with Section b) of Eligible Expenditures; Page 19 of 28 ilM h) Financing charges, legal fees, and loan interest payments, including those related to easements (e.g. surveys); i) Any goods and services costs which are received through donations or in kind; j) Provincial sales tax, goods and services tax, or harmonized sales tax for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; k) Costs associated with operating expenses and regularly scheduled maintenance work; 1) Costs related to furnishing and non -fixed assets which are not essential for the operation of the Asset/Project; and m) All capital costs, including site preparation and construction costs, until New Brunswick and Canada has confirmed that environmental assessment and Aboriginal consultation obligations as required under Section 8 (Environmental Assessment and Licensing) and 9 (Aboriginal Consultation) have been met and continue to be met. Page 20 of 28 ` 1511 SCHEDULE C—COMMUNICATIONS PROTOCOL 1. Purpose a) This communications protocol outlines the roles and responsibilities of each of the Parties to this Agreement, as well as those of Canada, with respect to communication activities related to the Project. b) This communications protocol will guide the planning, development and implementation of all Communications Activities to ensure clear, consistent and coordinated communications to the Canadian public. c) The provisions of this communications protocol apply to all Communications Activities related to the Agreement and any Projects funded under the Agreement. Such Communications Activities may include, but are not limited to, public or media events, news releases, reports, wen and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. 2. Guiding Principles a) The Parties recognize the importance of managing the delivery of coherent Communications Activities based on the principle of transparent and open discussion and collaboration. b) Communications Activities undertaken in accordance with this communications protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about funded Projects and their benefits. c) The Communications Activities undertaken jointly by Canada, New Brunswick and the Recipient shall recognize the funding of all Parties to the Project. 3. Governance a) The Oversight Committee shall be responsible for monitoring the implementation of this communications protocol. b) New Brunswick is responsible for communication the requirements and responsibilities outlined in this communications protocol to the Recipient and for ensuring their compliance. Page 21 of 28 ill+1199 c) New Brunswick shall communicate to the Recipient any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. 4. Joint Communications a) Canada, New Brunswick and the Recipient will have Joint Communications about the funding of the Project. b) Joint Communications under the Agreement should not occur without the prior knowledge and agreement of all Parties, where applicable. c) All Joint Communications material will be approved by Canada and New Brunswick prior to release, and will recognize the funding of all Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of the Project. The requestor will provide at least 15 business days' notice to the other Parties. If the communications activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative (in the case of an event). f) New Brunswick or the Recipient will be responsible for providing onsite communications and logistics support. Any related costs are eligible for cost -sharing in accordance with the formula outlined in the funding agreement. g) Canada and New Brunswick have an obligation to communicate in English and French. Joint Communications products must be bilingual and include the Canada and New Brunswick wordmark and other Parties' logos. Canada and New Brunswick will provide the translation and final approval on products. h) The conduct of all Joint Communications will follow the Table of Precedence for Canada. S. Individual Communications a) Notwithstanding Section 4 of this communications protocol (Joint Communications), Canada and New Brunswick retain the right to meet its obligations to communicate information to Canadians about the Agreement and the use of funds through their own Communications Activities. b) Canada, New Brunswick and the Recipient may each include general program messaging and examples of projects funded through the Agreement in their own Communications Activities. The authoring Party will not unreasonably restrict the use of such products or Page 22 of 28 li&V messaging by the other Parties, and if web or social media based, from linking to it. c) Canada, New Brunswick or the Recipient may issue digital communications to communicate progress of the Project. d) Where a web site or web page is created to promote or communicate progress on a funded Project, it must recognize federal and provincial funding through the use of a digital sign orthrough the use ofthe Canada word mark and the following wordings, "This project is funded in part by the Government of Canada". The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.ga.ca. Canada will provide and publish guidelines for how this recognition is to appear. The Recipient will also recognize the funding of New Brunswick in a similar manner. e) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual Communications Activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.Photos@canada.ca along with project name and location. 6. Operational Communications a) The Recipient is solely responsible for operational communications with respect to Projects, including but not limited to: calls for tender, or construction and public safety notices. Operational communications as described above are not subject to the federal official language policy. b) Canada does not need to be informed on operational communications. However, such products should include, where appropriate, the following statement, "This project is funded in part by the Government of Canada". As appropriate, operational communications will also recognize the funding of New Brunswick is a similar manner. 7. Media Relations a) Canada and New Brunswick will share information promptly with the other Party should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the overall fund. S. Signage a) Canada, New Brunswick or the Recipient may request a sign recognizing their funding contribution to the Project. b) Where a physical sign is to be installed, unless otherwise agreed upon by Canada, it will be the Recipient that will produce and install a joint physical sign that recognizes funding Page 23 of 28 WFA of each Party at each Project site in accordance with current federal signage guidelines. c) The joint sign design, content and installation guidelines will be provided by Canada. d) The recognition of funding contributions of each Party and the Recipient will be of equal prominence and visibility. e) Digital signage may also be used in addition or in place of a physical sign in cases where a physical sign would not be appropriate due to project type, scope, location or duration. f) Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the federal and provincial contributions and be approved by Canada and New Brunswick. g) The Recipient agrees to inform New Brunswick of sign installations through the Project progress reports referenced in Section 11(Reporting) of this Agreement. h) Where a physical sign is being installed, signage should be installed at each Project site one (1) month prior to the start of construction, be visible for the duration of that Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. i) Signage should be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. 9. Advertising Campaigns a) Recognizing that advertising can be an effective means of communicating with the public, Canada and New Brunswick may, at their own cost, organize an advertising or public information campaign related to the Agreement or eligible Project. However, such a campaign will respect the provisions of this Agreement. In the event of such a campaign, the sponsoring Party or Recipient will inform the other Parties or of its intention no less than twenty-one (21) working days prior to the campaign launch. Page 24 of 28 BFORM'& SCHEDULE D - DETAILED CLAIM FORM Regional Development Corporation P.O. Box 6000, Frederkton, New Brunswick E3B 5H1 IBA - COVIDI9 (federal) Claim No: Final Claim: List all eligible project costs with invoices and cheque numbers on this form Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing Project Number: 14172 Project Name: City of Saint John -infrastructure Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aqencv 71.43% - municipality 22.33% - university 50% - non-profit organization ❑ 100% - other 0 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone eligible & supported costs II Less: previous advance Add: current advance CITYSJ Vendor 122320-14-14-14t4 I� — 122320-14-14 Payment request For office use only Claim Reviewer Project Officer Payment Authority 9195 account Page 25 of 28 Date Date Claim Auditor iiU10.1 SCHEDULE E - PROGRESS REPORT Digital version to be sent at a later date Page 26 of 28 `Ris] SCHEDULE (F.1) DECLARATION OF SUBSTANTIAL COMPLETION Pursuant to the Agreement entered into between the Province, represented by the Minister responsible for the Regional Development Corporation, and City of Saint John, I , a licensed professional or an acceptable equivalent approved by the Province including the President or legal head of the Ultimate Recipient, do solemnly declare as follows: 1. That I am the knowledge of the matters set forth in this affidavit; (title, organization), and as such have 2. That the work identified as Project #14172 as described in Schedule A in the above- mentioned Agreement has been substantially completed on the day of 20. 3. That the work: a. Was carded out by b, C. d. Declared at Signature Y (the prime contractor). Between the dates Of (start date) and (completion date); Was supervised and inspected by qualified staff; Conforms with the plans, specifications and other documentation for the work; and Conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. (date). (City), in the Province of New Brunswick this day of Page 27 of 28 i1.01iil SCHEDULE (F.2) - PROJECT COMPLETION REPORT Digital version to be sent at a later date Page 28 of 28 F oU op c 0 pA R a• �4G 00 QI D -�4 •bA u c' •O N CC bD ccCc 0 0 � O o _ z0 n; A A a A `W l0- I d d . . amp 0a c3y8.co1 0 co Z G :3 [r'a m• A C r N G R N O % C N go �yaf C6 rA N • R a y io A (9 � < iy CA � y ^, co rn a- o 0 m a v a � aa• a oa as A m A -0 c. o I qv? `CL • Q p� C 'd ` 7CD � � f9 • ii •v !r N r. CA ^Y [o N Ft- fA, m. co i7 a (D, a fb 0 C Co 0 A ' ► .C► to � Q C. N Q f�9. � � co !D � � 0 to 08 � � `�� O � � 0 gyp• q ('�. C45 CD � ua � hey ,� cs �•y 4... go' N rA CD .n • te o�'%a c � N w co N 2, C w co y0 Q r•f '* "t3 C d � • C 0 � d A� y .fl Co CCD �; 0 w (9 C [9 0 ftu 0 co [D. = X IAA C tiC9 0 N C 0`�C O y v 9 CD N N CIi CD � � C r� `0 tA C CD N ro a nCD W 9 w Li•L co of `M:�1 Q��; AU-:11-41T J01 _. , COMMON COUNCIL REPORT M&C No. 2021-269 Report Date September 27, 2021 Meeting Date October 04, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Parks, Events and Green Machine Booking Software AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Carrie Smith Jacqueline Hamilton/Amy Poffenroth John Collin RECOMMENDATION RESOLVED that the City enter into a new Schedule to the Agreement with Active Network, LLC for ACTIVENet Site Configuration & Training in the form attached to M&C 2021-105; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY ACTIVENet software is currently being implemented for the booking of City -owned sports facilities. City staff are recommending that the City extend the use of this software for Parks and Event Bookings in outdoor City -owned spaces as well as bookings for the City's Green Machine. PREVIOUS RESOLUTION The purchase of the ACTIVENet software was previously approved with the resolution dated April 19, 2021. REPORT The City of Saint John's Growth and Community Planning service area manages the bookings for Parks and Special Events as well as the City's Green Machine. Software is required to assist with the management of these bookings. City staff from Community Services, Finance and Information Technology had previously vetted and recommended (see Attachment C) the ACTIVENet software to support City -owned facilities bookings. It was determined that the ACTIVENet software would also be a suitable option to support the bookings related to City `W -2- Parks, Special Events and the City's Green Machine. The software is cloud based and there will be no additional licensing costs as the existing agreement does not limit the number of user licenses or sites/services that may be added. STRATEGIC ALIGNMENT Leveraging the existing ACTIVENet software application for Parks and Events Bookings will ensure the efficient booking of outdoor City -owned spaces. In addition, the efficiencies resulting from integration with existing city systems support ongoing efforts for continuous improvement. SERVICEAND FINANCIAL OUTCOMES Should the recommendation in the report be approved, the City would incur a one-time charge for 2-days of Professional Services for implementation and training and would be covered under the 2021 approved General Fund Operating Budget. The cost for the 2 days of Professional Services is $3,808.00 CAD as indicated in the quotation provided (Attachment B). There are no additional licensing costs associated with the ACTIVENet software for the inclusion of Parks and Events Bookings. INPUT FROM OTHER SERVICEAREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the new Schedule to the Agreement with Active Network, LLC, as attached to M&C 2021-105. ATTACHMENTS Attachment A — "New Site Configuration & Training SOW" Attachment B — "ACTIVENet Professional Services Quotation" Attachment C — M&C 2021-105 — "Sports Facility Booking Software" City of Saint John, NB ACTIVENet Site Configuration & Training August 2021 `ff- A -ACTIVE network - Professional Services Included System Configuration Meetings 1. System Training Day— New Site ACTIVENet Configuration 2. System Training Day— New Site ACTIVENet Training Professional Services Outline 1. CITY OF SAINT JOHN — New Site Configuration (Day 1) a. Review of key project goals and objectives b. Review of new site system requirements and configuration needs c. Review of ACTIVENet core system configurations d. Review of ACTIVENet core financial configurations e. Configuration of key Admin User Interface ("AUI") options for new site f. Configuration of key Customer User Interface ("CUI") options for new site g. Configuration of key options relevant to modules being implemented for new site h. Configuration of system "infrastructure" to support services being sold through new site in ACTIVENet i. Configuration of system users and key user profile permissions j. Planning discussions for ACTIVENet go -live 2. CITY OF SAINT JOHN — New Site Training (Day 2) a. Consultant -led training on key AUI workflows for new site b. Consultant -led training on key CUI workflows for new site c. Consultant -led training on key workflows for modules being implemented for new site d. Consultant -led training on key reports for modules being implemented for new site DocuSign Envelope ID: 81A65632-ECBO-4617-88C4-696E47FEB093 ,od?.CTIV netvvvrK, Schedule This is a Schedule pursuant to that certain General Terms (Agreement) entered into between Active Network, LLC (Active) and City of Saint John (Client) with an effective date as of 04/28/2021. Company Address 717 North Harwood Drive, Suite 2500 Dallas, TX 75201 US Prepared By Sharon Kramer Opportunity Owner Marcus Timms Owner Email marcus.timms(ab_activenetwork.com Bill To Name City of Saint John Bill To Contact Carrie Smith Bill To Address PO Box 1971 Saint John, NB E21- 41-1 Canada ACTIVENet - Ser Refresher Service Total 3,808.00 Contract # 00116964 Created Date 8/26/2021 Quote Number 00122128 Currency CAD Contact Name Carrie Smith Phone (506) 658-2911 Email carrie.smith@saintjohn.ca Ship To Contact Carrie Smith Ship To Address 171 Adelaide Street Saint John, NEW BRUNSWICK E2K 1 W9 Canada Total Price CAD 3,808.00 Active reserves the right, and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance. All fees described herein are in consideration of the Software and Services that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User. The payment options we offer may include MasterCard, Visa, American Express and Discover. *Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice. Quote Acceptance Information Signature: Printed Name: Carrie Smith Title: Date: PO# (if applicable): `M] COMMON COUNCIL REPORT M&C No. 2021-105 Report Date April 06, 2021 Meeting Date April 19, 2021 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Sports Facility Booking Software OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy McLennan Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED that the City enter into a three (3) year Agreement with Active Network, LLC to provide software for the booking of City -owned sports facilities; and that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY MaxGalaxy is the software currently used for the booking of City -owned sports facilities; however, the Microsoft Silverlight plug-in required to run this software will no longer be supported as of October 12, 2021. City staff are recommending the City enter into a three-year agreement with Active Network, LLC for the purchase of replacement software. All costs associated with this Agreement will be covered under the approved General Fund Operating Budget. REPORT The City of Saint John's Growth and Community Planning service area manages the bookings for City -owned sports facilities, which currently include: • Ballfields —14 • Multipurpose Fields —13 Tennis Courts — 8 • Arenas — 3 `reel -2- Software is required to manage the booking of these facilities, as well as for financial transactions associated with these bookings. MaxGalaxy is the software currently used for this purpose; however, the Microsoft Silverlight plug-in required to run MaxGalaxy will no longer be supported as of October 12, 2021. City staff from Community Services and Finance compared potential facility booking software solutions, in consultation with the City's Information Technology staff; however, there are limited options available that provide the necessary functionality, while also meeting the necessary requirements for cyber security and integration with existing City systems (i.e., Naviline, used by the City's Finance department). Community Services staff also had some discussion with other municipalities regarding their respective booking software, but it was discovered there were significant differences in requirements due to variations in financial systems being used and other required integrations specific to each municipality. It was determined that the Active Network software being recommended in this report presents the best product offerings to meet the requirements. The recommended software also has additional value-added features, such as integration with the City's facility lighting software (Musco Lighting), functionality that would allow customers to pay invoices online, and automated reporting; these features are not available with the software currently being used. As with the current MaxGalaxy software, Active Network is also cloud -based and would allow users to view facility availability and submit booking requests online. The replacement software being recommended would ensure the continued delivery services for facility users, particularly with respect to scheduling, communications, and financial transactions. The integration with the City's financial system also allows for added efficiencies during the overall processing of bookings. PREVIOUS RESOLUTION N/A. STRATEGIC ALIGNMENT The purchase of this software would ensure the efficient booking of City -owned sports facilities continues, which supports recreation opportunities and Council's Priority of a Vibrant, Safe City. In addition, the efficiencies resulting from integration with existing City systems would support ongoing efforts for continuous improvement. 171 -3- SERVICEAND FINANCIAL OUTCOMES Should the recommendation in this report be approved, the City would enter into a three (3) year agreement with Active Network. The implementation costs and annual payments for this software were anticipated and are included in the 2021 approved General Fund Operating Budget. The required amounts for 2022 and 2023 would be included in the proposed annual General Fund Operating Budgets for those years. The costs for the recommended agreement would be as follows: Table: Costs for Recommended Booking Software (exclusive of any applicable taxes) Implementation Costs (divided into three annual payments) Annual Payment for Software TOTAL: ANNUAL COST TOTAL COST OVER 3-YEAR AGREEMENT $3,584 $10,752 $7,734 $23,202 $11,318 $33,954 As noted in the table above, the total cost to the City over the course of the recommended three-year agreement would be $33,954. There would also be the option to renew the agreement, upon the future approval of Council, for an additional three (3) year term with no increase in the annual payment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Finance, Materials Management, and IT Departments were consulted during the evaluation of potential software and to ensure the recommended software would integrate with existing City systems, while also meeting all requirements from a cyber security perspective. This report has been reviewed by the City's Finance Department and the City's Parks and Recreation Department was also consulted to ensure alignment with the General Fund Operating Budget. The General Counsel's Office has reviewed the Agreement, as attached to MC 2021-105. ATTACHMENTS -4- • Attachment A— "Active Network Schedule" • Attachment B — "Active Network Agreement - General Terms" `IFW COMMON COUNCIL REPORT M&C No. 2021-268 Report Date September 28, 2021 Meeting Date October 04, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Public Transit and Fleet Green Strategy - Consulting Services Award AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Marc Dionne, Kevin J. Brent McGovern, Ian John Collin Loughery, Samir Fagan Yammine RECOMMENDATION It is recommended that the proposal submitted by Wood Environment & Infrastructure Solutions for the City of Saint John Public Transit and Fleet Low Carbon Migration Strategy (also known as the Fleet Green Strategy), in the amount of $83,800 plus HST be accepted. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the City of Saint John Public Transit and Fleet Green Strategy, to Wood Environment & Infrastructure Solutions. The company has extensive professional services experience and working knowledge of assisting transit and fleet municipalities and agencies to transition into green transportation. PREVIOUS RESOLUTION M&C 2019-107- City of Saint John Climate Change Action Plan. REPORT BACKGROUND The City of Saint John has been an early adopter of implementing innovative measures, policies, strategies, plans, etc. to address climate change adaptation and mitigation on the City infrastructures, community as well as the transportation sector. ` FM -2- In 2019, Common Council has approved the City of Saint John Climate Change Action Plan as follows: "It is recommended that Common Council approve the following Climate Change Action Items, subject to the City's Long -Term Financial Plan and required community energy partnerships: 1) City of Saint John Corporate GHG and Energy Action Plan attached at Appendix A and, 2) City of Saint John Community GHG and Energy Action Plan attached at Appendix B and, 3) Corporate GHG Emission Target of 30% by 2025 below 2015 levels and, 4) Community GHG Emission Target of 9% by 2025 and 18% by 2035, below 2015 levels and, 5) City of Saint John Corporate Operation to be Carbon Neutral by 2040 and, 6) City staff to establish a governance structure to manage/monitor the implementation of the community and corporate energy action plan and, 7) City of Saint John shall consider climate change impacts and mitigation measures in all future decision to ensure that residents, the built environment, and infrastructure are protected and, 8) Approve the Declaration on Climate Change." The corporate GHG and Energy Action Plan has identified high-level strategies to reduce GHG emissions in the transportation sector, as the transportation sector represents over 35% of total GHG emissions. To implement a low carbon migration strategy for the transit and fleet, City has submitted a funding application to the Environmental Trust Fund (ETF) in November 2020. In May 2021, the City received a notification from the Province of New Brunswick that the application was successful, and the City of Saint John has been approved for a grant in the amount of up to $ 90,000. The approved funding will be used toward the development of low carbon migration strategy for the City Transit and Fleet. As per the agreement, the project must be completed by March 31, 2022. PROJECT OBJECTIVES The objective of the project is to develop a strategy to migrate City of Saint John public transit and fleet operations towards a lower carbon footprint. The migration strategy will be based on transportation best practices in New Brunswick and Canada, as well as innovative energy management approaches and synergies with existing/future energy infrastructure. It will consider lifecycle costs, social benefits, anticipated regulatory requirements, policy objectives, `R -3- advantages/disadvantages, and limitations of various potential technologies (based on topography and local climate), synergies between existing/future energy infrastructure and potential transportation technologies, population density and expected public transit and fleet usage. It will present a migration strategy, detailed financial analyses, a financing strategy, and a recommended timetable for the migration towards a lower carbon footprint for the City of Saint John public transit and fleet operations. Additionally, the project will investigate the possibility of installing a data collection system on the transit buses to track their positions using Automatic Vehicle Location systems. The purpose of the data collection system is to help the Cityto make better service planning decisions, optimize the size of the transit buses, etc. in order to reduce GHG emissions and operating costs. The final deliverables will consist of the following two documents: 1. Phase 1 Deliverable A public transit and fleet road map including detailed analyses of preferred policies, methods and technologies and the development of a migration strategy with action items during Phase 2. Additionally, the road map will include recommendations on the possibility of installing a data collection system for the transit buses to help the City make informed decisions and increase operating efficiency as well as reduce GHG emissions. This document will present the current and desired future state of City of Saint John public transit and fleet operations, identify, and evaluate potential policies, measures, and technologies to reduce the carbon footprint of public transit and municipal fleet operations (diesel, electric, hybrid -electric, compressed natural gas, hydrogen, and biodiesel), and recommend a preferred technology or technologies for further detailed study during Phase 2. The road map will ensure the preferred measures, approach and technologies will be appropriate for the local conditions and financially sustainable and will focus the detailed analyses of Phase 2. 2. Phase 2 Deliverable A detailed migration strategy and implementation plan. This document will present the results of detailed analyses of the financial, operational, and technical aspects of changing to lower carbon footprint technologies. It will identify and evaluate the issues to be addressed during the -4- transition to lower carbon footprint technologies (i.e., operating and maintenance infrastructure) and present a migration strategy, financing strategy and implementation schedule. The two -phased approach to the project will maximize budget and schedule control and focus the detailed analyses to be performed during Phase 2. It will ensure all City of Saint John stakeholders will have adequate opportunity to provide informed input and consent, which in -turn will minimize risks to project success and allow the Phase 2 scope of work to be refined. SCOPE OF WORK Phase 1 1. Project initiation to confirm the Phase 1 project scope, objectives, deliverables, budget, and schedule. 2. Literature review of available information on greenhouse gas (GHG) emissions, current infrastructure, efficiency, operation and maintenance data, policies, etc. from City of Saint John public transit and fleet operations. This will ensure subsequent tasks will be based on the latest and best -practice GHG assessment methods and techniques. 3. Assess the current GHG emissions for Saint John Transit and Fleet, along with current lifecycle costs and social benefits. 4. Review the latest City of Saint John Public Transit, Fleet, Move SJ and other related plans to define the expected future demand, level of service, GHG emissions, lifecycle cost and social benefits. 5. Investigate the possibility of installing a data collection system for the transit buses to help the City make inform decision and increase operating efficiency as well as reduce GHG emissions. 6. Perform a landscape scan of public transit and municipal fleet operations in New Brunswick (Fredericton and Greater Moncton) and Canada (Halifax, Hamilton, Edmonton, Vancouver, and a city in the Greater Toronto Area) to determine the current public transit and municipal fleet best practices and expected future changes. Current and expected future regulations, policy objectives and GHG targets will be reviewed to identify regulatory and policy changes potentially affecting public transit operations. 7. Perform an options analysis of current public transit and municipal fleet technologies (diesel, electric, hybrid -electric, compressed natural gas and other (biodiesel, hydrogen). The GHG emissions, lifecycle costs, operating requirements (fueling and charging infrastructure, storage, maintenance, and staffing requirements) and operating limitations (maximum grades, minimum temperatures) will be quantified, including any new or upgrade infrastructure required on the fleet and transit buildings. 8. Eliminate policies, methods and technologies that do not align with City plans from further consideration and identify the preferred policies, methods, and technologies for detailed study during Phase 2. `rr� -5- 9. Confirm the proposed recommendations with all City of Saint John stakeholders and obtain informed consent to proceed to Phase 2. 10. Prepare a report (Road Map) outlining the tasks to be performed during Phase 2 of the project by a specialty consultant with specialty expertise in the preferred technology. 11. Presentation to Senior Leadership Team and Council. Phase 2 The following tasks will be performed by specialty consultant with experience in the preferred technology or technologies. The specialty consultant will solicit input from City Departments and staff and perform the tasks listed below. 1. Identify operating and infrastructure requirements of the preferred technologies. 2. Perform detailed analyses of the GHG reductions, life cycle costs and social benefits of the preferred polices, methods and technologies. The analysis will include potential provincial and federal funding available to the City Fleet and Public Transit Low Carbon Strategy. 3. Develop a migration strategy with an implementation schedule to transition the existing public transit and municipal fleet operations to a lower carbon footprint. The strategy will include indicators (regulator, policy, economic, social, and environmental) to allow the City to track the process of implementing the recommended changes. 4. Final Presentation to Senior Leadership Team and Council. STRATEGIC ALIGNMENT The Public Transit and Fleet Low Carbon Migration Strategy is aligned with the City of Saint John Climate Change Action Plan, which was approved by Council on May 6, 2019. SERVICEAND FINANCIAL OUTCOMES The total cost to perform the City of Saint John Public Transit and Fleet Low Carbon Migration Strategy, if awarded to the lowest compliant proponent as recommended, will be $83,800 plus HST. Funding for this project is provided by the Environmental Trust Fund (ETF). The City has received $90,000 toward the completion of the project. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Consulting Services for City of Saint John Public Transit and Fleet Low Carbon Migration Strategy. As such, the RFP closed on September 91n 2021, with three (3) responses. `rE:1 -6- A review committee, consisting of staff from our Transit and Fleet management as well as Asset & Energy Management Division reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality 2. Introduction & Project Appreciation 3. Proponent Profile 4. Proponent Role & Qualifications 5. Approach & Methodology 6. Value Added 7. Financial The committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial proposals were opened and evaluated, and corresponding scores were added to the technical scores. The proposal submitted by Wood Environment & Infrastructure Solutions was ranked highest based on the evaluation criteria and met all the requirements set forth in the RFP. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS NA PROCLAMATION —Fire Prevention Week WHEREAS, The City of Saint John is committed to ensuring the safety and security of all those living in and visiting the City of Saint John; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, smoke alarms detect smoke well before you can, alerting you to danger in the event of fire in which you may have just seconds to escape safely; and WHEREAS, working smoke alarms save lives by providing early warning of fire so you and your family can safely escape; and WHEREAS, Saint John residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Saint John residents will make sure their smoke and carbon monoxide alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS, Saint John first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and public fire safety education; and WHEREAS, Saint John residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2021 Fire Prevention Week themeT"^, "Learn the Sounds of Fire SafetyT`"," effectively serves to remind us it is important to learn the different sounds of smoke and carbon monoxide alarms. U-1191 NOW THEREFORE: I, Donna Noade Reardon, Mayor of Saint John proclaim the week of October 3rd to October 91", 2021 as Fire Prevention Week, and I urge all the people of the City of Saint John to "Learn the Sounds of Fire SafetyT`"," and to support the many public safety activities and efforts of the Saint John Fire Department. IN WITNESS WHEREOF: I have set my hand and affixed the official seal of the City of Saint John. 4. - 1i�% �M77- A is ­. . Ig ril EN I S I O N REGIONAL GROWTH Saint John AGENCY ROADMAP FOR GROWTH Message from the CEO & Board Chair Since our inception on January 1, 2021, Envision Saint John: The Regional Growth Agency has embarked on an ambitious mission to build a roadmap for growth for the Saint John region. From our Board of Directors to every member of our team, collectively, we have been hard at work in laying the foundation and setting in motion a framework that sets the strategic direction to accelerate a new model for economic growth in New Brunswick that is being recognized as a game -changer. We have been moving swiftly and deliberately, setting a pace for the work ahead. With clarity and focus we will drive outcomes that are meaningful by growing the population, increasing the municipal property tax base, and enhancing our regional brand perception. Additionally, we will focus on the intangible outcomes too, like the vitality of our community. Not only will we see the results, but we will feel them. How we grow matters — environmental and social issues will be part of the conversation. When we talk about growth — it's growth where no one is left behind. We are also not so naive to believe that we have all the answers and are singularly tasked for growing the region. Make no mistake —this will take a collective effort — as we build on the momentum of current successes. Everyone has a role to play and alignment with our partners is critical. This strategic vision outlines how Envision Saint John will play that coordinating role for our region; how we serve our community holistically and authentically. We will be quarterbacking this work while our value proposition and guiding principles will keep us focused. Our strategic vision is a living document that we will evaluate and evolve to meet the needs of the ecosystem. This is not a traditional economic growth strategy but a strategic visioning tool that will guide our team and Board as we embark on what could be the most important 10 years in our region's history - always asking "who will we be in one generation?" Our strategic vision will be supported with annual business plans and detailed workplans that outline specific activities that will lead to growth. We will also be linking meaningful Key Performance Indicators (KPIs) to validate and inform the growth opportunities, activities, and outcomes. Amid a global pandemic, New Brunswick has become highly desirable overnight. This global disruption has created a new context for who we are. And this global reset means we are all at the same starting line. Our future is ours for the making — ours for the taking. Let's continue to build on a better future, together. Paulette Hicks Al Walker CEO Board Chair ENVISION SAINT JOHN: j8BREGIONAL GROWTH AGENCY Picture this A generation from now, the Saint John region's population has soared. People are drawn to the community for the great career opportunities and desired quality of life. We are known as global leaders in key business sectors. The Saint John region is recognized on the global stage — our place brand is strong, and our residents are proud ambassadors. The growth has dramatically boosted municipal property tax revenues, enabling more investment in programs and infrastructure. This creates a virtuous cycle of growth as more and more people want to get in on the good thing we have going here. And ultimately, all of our children and grandchildren, if they so wish, will have the opportunity to choose New Brunswick to live and work. Envision our potential. • 1,000,000 people now call New Brunswick home. • Our region has increased its population by 25,000. • The City of Saint John is the thriving core with a strong cluster of employment and culture in the heart of our region. • The skills of our workforce are harmonized with employment opportunities. • Robust provincial and national talent pipelines align with employment opportunities and the quality of our talent pool is the envy of our neighbours. • The growing working population is drawn to the abundance of career opportunities and quality of life. • We are recognized as global leaders in key business sectors - in mature sectors like Energy and Logistics, as well as emerging sectors such as Digital Health. • Our place brand is strong and distinct, and our residents are demonstrating pride of place. • New tourism product populates our coastline, from the Fundy Trail to the Kennebecasis River, and attracts visitors from around the world. • New Brunswick and the Saint John region are recognized on the global stage for our innovation, leadership, and generosity. STRATEIP84VISION 2 Why the Saint John region The Saint John region is a place for people who want more flexibility to focus on what matters to them — leading to a more authentic and fulsome life where they feel they belong. The region, with a vibrant city at its core, is a place where you can discover your personal balance with both urban experiences and natural wonders — allowing you to live a life that inspires. As Canada's first incorporated city, Saint John has the history to understand the importance of acceptance and diversity to the fabric of life - a place where anyone can establish real roots and grow. Saint John is more than a city. It's truly a unique region. Its bond, steeped in history, bolstered by pride of place, and strengthened in a shared vision for future growth. We know if Saint John succeeds the region succeeds. When the region succeeds, New Brunswick succeeds. ENVISION SAINT JOHN: igrDREGIONAL GROWTH AGENCY WHO WE ARE The Regional Growth Agency Envision Saint John was born from a desire to have a single entity charged with fostering growth in our community and realizing that vision. Made up of the urban hub of the City of Saint John and the towns of Grand Bay -Westfield, Hampton, Quispamsis, Rothesay, and St. Martins — each with their own identity yet sharing a common desire for sustainable growth. Now, we are working together collectively to attract growth with a singular purpose. Envision Saint John is strategically led by an independent Board of Directors made up of business and academic leaders along with municipal and provincial investor representatives. ■■ Put simply, we attract growth, we don't create it. STRATE,P%VISION A new type of growth agency Envision Saint John is an agency of today and tomorrow. We have a unique role to play. Envision Saint John will not directly create the jobs that will fuel the Saint John region's economic rebirth. Alignment with our partners is our path forward. We will work collaboratively with a range of local, national, and international partners to create platforms for growth that will build an ecosystem that attracts and sustains the investment our community desires. Put simply, we attract growth, we don't create it. We leverage the power of our own momentum. We will attract growth by delivering an authentic and substantive place brand for those seeking to invest, to live, or to visit. As an agency, we are united in our principles. These values animate and inspire us every day. 5 ENVISION SAINT JOHN: J87REGIONAL GROWTH AGENCY Our value proposition Our guiding principles Service to others In service Create the conditions for success Atmosphere of trusted space Attract change rather than force it Looks at the larger picture — alignment Whole -system view Identifies platforms and players Diversity of participation Shared experimentation Aile Iterative learning and action gMonitors and catalyzes execution Appreciation of all the good in the region Gratitude Recognition and celebration of reaching goals Highlights other's contributions Strength -based approach Lean into natural assets Authenticity Growth mindset Sense of belonging and community STRATEIP%VISION INCREASED POPULATION Entrepreneurship & Business Growth Metrics & Measurement INCREASED IMPROVED BRAND TAX BASE PERCEPTION 7�t4GJERM OUTCOME SP,VEGIC PRIOR Marketing & Sales G RE SERV/C S Investor Relations THE REGIONAL GROWTH AGENCY Growth Readiness Talent Attraction & Pipeline Communications & Stakeholder Services WHAT WE DO Strategic priorities While no single entity can be accountable for all growth outcomes, we have identified three strategic priority platforms that will be the focus of Envision Saint John. These are both overlapping and reinforcing and are foundational for our collective success. GROWTH READINESS Our success will be defined by how well we anticipate and prepare for our region's growth. As an agency, while we will not be accountable for delivering on the readiness, we have the benefit of a whole -system view to steward our region to support our growth agenda. We believe growth readiness is a strategic priority and a call to action to all our partners. A strong city core will be critical as most growth will be centre -out. Growth readiness includes future -back strategies to address labour force, housing, strategic real estate development, access to healthcare, schools, and other community amenities. People and investment select places that tick all those boxes. TALENT ACQUISITION & PIPELINE While our work will be within the context of achieving population growth for the entire region, Envision Saint John recognizes that a more complex strategy is required to grow the working population including immigration, repatriation, and retention. Based on feedback from employers, finding talent is a universal challenge for our region. Envision Saint John will be a catalyst in ensuring we are graduating, upskilling, and attracting the skills and expertise to provide the labour force that the global economy demands. ENTREPRENEURSHIP & BUSINESS GROWTH The City of Saint John is in the enviable position of being home to global headquarters and the birthplace of transformational companies. Envision Saint John, with a view of the whole ecosystem, can foster connections to ensure companies spanning sectors can start up and scale up, obtain access to capital, and build relationships with established businesses. Our role at Envision Saint John is to engage the ecosystem, listen to the entrepreneurs and leaders doing and facilitating this work, and lead the process of designing a high -potential innovation play for our region. By solidifying partnerships with industry, business, government, and academia, Envision Saint John is ensuring that the experts are taking the lead in building and nurturing the entrepreneurial ecosystem. STRATE,PqDVISION Core services Envision Saint John will support these Strategic Priorities by providing four Core Services: METRICS & MEASUREMENT The Agency will curate data and metrics to support growth activities to: Inform decision making Report regional leading and trailing indicators of growth Assess Agency performance Evaluate individual projects and platforms Populate a regional community dashboard MARKETING & SALES Envision Saint John will institute a marketing and sales strategy that delivers the right messaging into the right hands to increase recognition of the region and its key assets. The Agency will also integrate with efforts performed by partner agencies such as Opportunities New Brunswick, Invest in Canada, Tourism New Brunswick, and Destination Canada. Envision Saint John will be an ambassador to raise awareness of the region on a global stage by: Articulating a clear and positive place brand to differentiate and promote our region Amplifying regional success stories and opportunities Developing a set of turn -key materials that will advance the measures -that - matter for each of the key pillars of attraction - people, visitor, business, and investment INVESTOR RELATIONS The full capabilities of the Saint John region can best be realized when the municipal investors and provincial and federal partners are appropriately informed and engaged on opportunities, activities, developments, risks, and results. All need to be bought into the mutual benefit that comes from the success of the region. Likewise, clear, and transparent communications will build a working level of trust among all partners. COMMUNICATIONS & STAKEHOLDER RELATIONS Envision Saint John will have a lead role in keeping stakeholders, partners, and the public at large aware of the opportunities and activities affecting the economic health and sustainability of the region. Envision Saint John will coordinate knowledge sharing and discussions on important topics of the day, the results of which will help form the foundations of future collaborative action. STRATE,P� VISION 9 Potential areas of opportunity We will collaborate with our governmental and industry organizations, academia, and private sector partners to anticipate and leverage potential areas of opportunity while at the same time nurture current success. The sectors below represent areas of opportunity where the Saint John region has either existing industry strength or significant growth potential: • Logistics and Trade • Digital Health • Energy • Tourism • Information and Communications Technology (ICT) • Cybersecurity • Oceans • Forestry • Advanced Manufacturing We have clear competitive advantages in these sectors with many established companies, yet there is also an opportunity for significant growth. The global pace of change is accelerating, and Envision Saint John needs to be able to pivot to tackle new opportunities when they arise. 10 ENVISION SAINT JOHN: V32REGIONAL GROWTH AGENCY HOW WE DO IT Platform Methodology Envision Saint John will map ecosystems and convene strategic platforms for each area of opportunity and help set specific growth goals, projects, and timelines. This platform methodology will provide the framework for everything we do. This is where the magic happens. By bringing the right people to the table and identifying clear objectives, we act as a catalyst and convenor to accelerate the work needed to achieve growth — right now. We will work jointly with stakeholders throughout the region and beyond to ensure we have the pieces in place to deliver on our collective growth agenda. Priority platforms will change and need varying levels of Agency support at any given time. What will be consistent is that each platform will begin with a discovery process within the ecosystem to ensure clarity of purpose and the appropriate engagement from the experts, the experienced, and the engaged. This model in action will demonstrate the power of a collective approach to solving both complex and acute problems and identifying growth opportunities. Criteria for agency engagement When evaluating areas of opportunity to determine allocation of resources and influence, Envision Saint John will be using a combination of the following criteria: • Aligns with our Value Proposition • Aligns with our Guiding Principles • Supports our Strategic Priority platforms • Leverages our Core Services • Partners with ecosystem(s) • Adds value and return on investment (financial, time, resource, etc.) • Reinforced by meaningful data 11 ENVISION SAINT JOHN: J1EBREGIONAL GROWTH AGENCY Defining success Meaningful and specific KPIs will be established. As an agile agency, our iterative and refining process of measurement and evaluation will include: Assessing the validity of the platform model and understanding better what is effective in refining and advancing this model, creating the conditions for its success, and testing alternatives. Increasing the precision of 10-year outcome targets and develop proximate and leading indicators that would signal progress or challenges in moving towards these. Developing, implementing, and refining a performance monitoring system that includes stage specific KPIs, including establishing a baseline, for the following: Envision Saint John's performance Platform performance and outcomes Regional outcomes The collaborative efforts of the Agency and our partners is designed to achieve the following in 10 years: Population Growth Municipal Property Tax Revenue Regional Brand Perception INCREASE BY 25,000 INCREASE BY 30=35% Annual increase STRATE,P�VISION 12 THE EN I S I O N REGIONAL GROWTH Saint John AGENCY www.envisionsaintjohn.com z 2 W oa 0 z a � o Q J r � Vf ILZO 0 D H 0 V } _ d 3 E O O } } a o E _ >, 3 u d s } = O 0. 3 } 3 O •= u } d= a o c E a � = LL a c •a = w d Q Q }0) EN a � a N �� o E } 'u Q GC w06� C7 Z d d 3 a 2 d a O o 4- .C) to E o } u a O LM } IV ,u o� r- O %4-� O �N i 0 Ln `O M o s 3 } O 3 C o a � � o O a .� 8� O 4 O } > i d O — 411 •- u xW �� o za z dd�= - • 0•� w a s 0 V V s O •� `~ ,. ._ � a a > 0 0 d - s .0 O c ._ 0 i O L V L cn a U s (AU O •E. 4m4m A A A A 7 ors ; anf■ E04 mmv O � U a: Di i m u c c 3 .d d a cZ o C } s o d o }s E .0 'a } aNd} E } c ; d } u C u d u a 30 � s A1104, i N E 0 4- i E 4- u u O A A A i 0) C O }O 'N C; W V . 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N w aU s � d a 0 } i 00 O .Uo N 0 o cn oC E F m 0 N 0 A z� M W u LL Lf) O O O O O O CD O 0) 00 O (D O O M 00 O LO NO LO LO m m N M N C N M N M CO � 07 0) (6 (n 0= a_ C0 UJ W J W 0= U Z LL Q o O Q �j J U Z O a L E O cn U C� LU LU O Q O O c 0= L 5 (6 O O � Co i U � 06 0) . U- cn U CD N a z 3W as}as��s zz N N W N��daoN� O-a)a O o � Q•N u � 3c� 3I o C O D s uu0-V) } � Q 0a a �, �� 0 �J O H GOcz lz lz 3: LU N_ N IA } u r o c u a s i a a a u •- i ��a o d a •3 c� - Z a i i d � a d — s } Elmo a a } In Elmo in in W O _ s Q c o wElmo A Elmo O � a � � s � .O � s � a a in W a d o d a &Mv= M-914 me W� N Staff Recommendation for Council Resolution Property: 110 — 128 Waterloo Street Public Hearing: October 4, 2021 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1s' and 2" reading to an Amendment Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG) Other No 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan N N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, hereby discharges the 59 Conditions resolution adopted on November 1, 1999, imposed on the rezoning of a parcel of land located at 124 Waterloo Street also identified as being PID Numbers 00013706; 00013144; 00013136; 00013128 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, hereby discharges the 59 Conditions resolution adopted on June 27, 2016, imposed on the PAN'7 rezoning of a parcel of land located at 112-122 Waterloo Street also identified as being PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.2306 hectares, located at 110-128 Waterloo Street, also identified as being PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887: a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. 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C O N 4-0 m — cm 4-0 +r — (a • — +r - cn cn - U m a)O L t+- N L N co U U .— O N m O J c (n E • cn (a O O O •� (a > .O N 4-0N N 'tn O 'tn O >� > O cm Q cn Co O U a)Q N cn 4-0 N cn N a C/) U O� �N +� E O N E O � 0 N a) a)a) O `� U Cn Q O > c6C� c-�� .o � � E U c 3: O cn cn - to o uj cna) L za) E _v a) o a) a �o a) n LA O L- C) E 0 N a) 0 Q (a .(D CU Q O E x_ 0 cn U L }, o �0 F-U cn (a L - O O U � o M — 0) o �� U L a) a) O co E O �U > O 76 a) Ua) � a--+ a) o OU E }' a) E a) �� UCo 0 0 �a)a) N i O 0 U O U U) QL ca O U O E E CUca co a) a) ca cOa a o cn cn C: O O L ca a) _U a) a) (u cn U (a O N cn D Z3 L o Co U O QL cca a) O E a) U 0 � O '-- U O (D > .� 0 -0 QL a) ca cn � � O O a) a) z3 Q _O (a a) CD- a) a) L a) ca cu PLANNING ADVISORY COMMITTEE September 22, 2021 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By-law Amendment and Variance Application 110-128 Waterloo Street The City of Saint John On August 23, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 21, 2021 meeting. A presentation by Jennifer Kirchner, Growth and Community Services, was provided to the Committee outlining the report and recommendation. Staff also indicated that the applicant had addressed the concerns raised by an adjacent property owner in regards to an existing residential access. The current access will be accommodated in the final site plan for the proposed development. Seth Asimakos (of the Saint John Community Loan Fund) appeared before the Committee and represented the various community organizations that are undertaking this development. Mr. Asimakos indicated that the group agrees with the staff report and recommendation. The Committee voted to approve the Staff Recommendation, which included the approval of a "supported housing facility" as a similar and compatible use to supportive housing, subject to the condition that the occupancy be limited to twelve persons. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, Page 1 of 3 230 Toss 110-128 Waterloo Street September 22, 2021 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on November 1, 1999, imposed on the rezoning of a parcel of land located at 124 Waterloo Street also identified as being PID Numbers 00013706; 00013144; 00013136; 00013128 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). 3. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on June 27, 2016, imposed on the rezoning of a parcel of land located at 112-122 Waterloo Street also identified as being PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.2306 hectares, located at 110-128 Waterloo Street, also identified as being PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887: a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. Respectfully submitted, Brad Mitchell Page 2 of 3 231 Toss 110-128 Waterloo Street September 22, 2021 First Vice Chair Attachments 1 - Staff Report to Planning Advisory Committee dated September 21, 2021 2 — Staff Presentation Page 3 of 3 232 � o`. o 45. awrr Rcr�y darn o'joaum W The City of Saint Jahn Date: September 17, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 21, 2021 SUBJECT Applicant: Toss Landowner: Roman Catholic Bishop of Saint John Location: 110-128 Waterloo Street PIDs: 00013748; 00013730; 00013722; 00013714; 00013706; 00013144; 00013136; 00013128; 55039879; and 55039887 Plan Designation: Medium to High Density Residential Existing Zoning: Neighbourhood Community Facility (CFN) Proposed Zoning: General Commercial (CG) Application Type: Rezoning and Similar and Compatible Use Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, October 4, 2021. The Community Planning Act authorizes the Planning Advisory Committee to permit a proposed use that is otherwise not permitted under the Zoning By-law if, in its opinion, the proposed Page 1 of 9 233 Toss 110-128 Waterloo Street September 21, 2021 use is sufficiently similar to or compatible with a use that is permitted in that zone. Terms and conditions can be imposed. EXECUTIVE SUMMARY The application is to rezone property at 110-128 Waterloo Street from Neighbourhood Community Facility (CFN) to General Commercial (CG) to facilitate the development of a mixed - use commercial and supported housing building. The applicant is in support of the proposed recommendation. In addition, the proposed CG zone allows for supportive housing. However, the applicant's intended use does not fulfill all the requirements of the supportive housing definition within the Zoning Bylaw, which is why the applicant has sought a similar and compatible use approval for the proposed facility. Staff recommend approval of the application subject to a condition limiting the number of occupants to twelve. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013714, 00013722, 00013730, 00013748, 55039879, and 55039887 from Neighbourhood Community Facility (CFN) to General Commercial (CG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on November 1, 1999, imposed on the rezoning of a parcel of land located at 124 Waterloo Street also identified as being PID Numbers 00013706; 00013144; 00013136; 00013128 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). 3. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on June 27, 2016, imposed on the rezoning of a parcel of land located at 112-122 Waterloo Street also identified as being PID Numbers 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887 and which was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at the time (RSNB 1973 as amended). 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.2306 hectares, located at 110-128 Waterloo Street, also identified as being PID Numbers 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887: a. The applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water usage and sewer flows. The developer shall not proceed until they have first obtained the City's written opinion that its municipal infrastructure, storm and sanitary services as well as water services, has adequate capacity to accommodate the proposed development. Page 2 of 9 234 Toss 110-128 Waterloo Street September 21, 2021 b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features. 5. That the Planning Advisory Committee approve a supported housing facility, as a similar and compatible use to supportive housing, at 110-128 Waterloo Street, (PI Ds 00013706; 00013144; 00013714; 00013128; 00013136; 00013722; 00013730; 00013748; 55039879; and 55039887), subject to the condition that the occupancy of the facility be limited to a maximum of twelve. DECISION HISTORY On November 1, 1999, Common Council amended the Municipal Plan By-law and the Zoning By-law (rezoning the site to B-2 — General Business classification) to enable the development of a parking lot at 124 Waterloo Street (PID Numbers: 00013706; 00013144; 00013136; 00013128). Section 39 conditions were imposed to ensure certain development standards were met and to enforce specific operational requirements for the parking lot. On June 27, 2016, Common Council amended the Zoning By-law (rezoning from Urban Centre Residential (RC) to Neighbourhood Community Facility (CFN)) to facilitate the development of a temporary Visitors Interpretive Centre in relationship to the Cathedral Restoration and Waterloo Village Revitalization Projects at 112-122 Waterloo Street (PID Numbers: 00013714; 00013722; 00013730; 00013748; 55039879; and 55039887). Section 39 conditions were established to ensure certain development standards and to enforce specific landscaping improvements. Proposal Toss is proposing to rezone six parcels of land located at 110-128 Waterloo Street from Neighbourhood Community Facility (CFN) to General Commercial (CG) to consolidate the land with four adjacent parcels, in order to facilitate the development of a three -storey mixed -use commercial and supported housing building. The building design is still being undertaken and will be approved by staff at a later date. The applicant is seeking to receive approval for "supported housing" which is a similar and compatible use to "supportive housing", which is a permitted use in the CG zone. The proposed supported housing will feature twelve housing units which include a private washroom and partial kitchen. The housing floor will feature communal laundry facilities, a communal accessible washroom (including a bathtub), and a supervisor office which will provide 24-hour on -site support. As the applicant's intended use does not definitively fulfill all the requirements of the supportive housing definition, they are pursuing the approval for a similar and compatible use. Page 3 of 9 235 Toss 110-128 Waterloo Street September 21, 2021 Site and Neighbourhood The subject properties are located in Waterloo Village, on the northeast corner of Waterloo Street and Richmond Street. The subject site is located across Waterloo Street from the Cathedral of the Immaculate Conception at Saint John. The parcels being proposed for rezoning are currently vacant, but previously contained residential buildings and was most recently a Visitor Information Centre for the Cathedral. The adjacent parking lot will form a portion of the development site and will be partially utilized to provide parking for the proposed development. The surrounding area is incredibly diverse and encompasses a large number of community services, ground floor commercial development and multi -unit residential buildings. The zoning in the area includes residential zoning (Urban Centre Residential - RC), community facility zoning (Major Community Facility — CFM and CFN) and commercial zoning (Mixed Commercial — CM and CG) Municipal Plan and Rezoning Schedule B of the Municipal Plan designates the property as "Medium to High Density Residential." These areas are intended to permit a range of housing types with a focus on providing higher density housing forms including apartments and townhouses. Other compatible uses are permitted in this area, including but not limited to convenience stores, retail uses, community facilities, etc. The Municipal Plan provides criteria for evaluating rezoning applications which seek to establish mixed -use development. Policy LU-48 sets forward four criteria for the assessment of rezoning applications in the Medium to High Density Residential areas. These are paraphrased as follows: a) The property is located on a collector/arterial street as illustrated in PlanSJ or is consistent with mixed -use development as described in a Secondary Plan: • The proposed rezoning aligns with this criterion as follows: o The development site is located on Waterloo Street, which is classified as a collector street in PlanSJ. o The proposed mixed -use development aligns with the goals for mixed -use development established in the Central Peninsula Secondary Plan. b) Proximity to a public transit route and easily accessible by a range of transportation modes: • The property is located on a public transit route and is less than a block away from two transit stops. The property is also located in an area with an extensive sidewalk network which supports active transportation and will provide onsite parking which will be accessed from Exmouth Street. c) Ground Floor Frontage of buildings face collector/arterial streets and is generally devoted to retail and commercial uses: Page 4 of 9 236 Toss 110-128 Waterloo Street September 21, 2021 • The proposed building will front onto Waterloo Street, which is a collector street. The ground floor of the building will contain retail and commercial uses. d) Residential development is generally located on the upper floors of buildings: • The proposed building will contain 12 supported housing units to be located on the third floor of the building. Municipal Plan and Supported Housing The City is currently working with housing experts in order to develop a Housing Needs Assessment and Affordable Housing Action Plan, which will advance the policies established in PlanSJ. Affordable housing is identified as a key focus and priority in the City's Municipal Plan, including section 5.3: "Affordable Housing is the core responsibility of the Government of New Brunswick and the Government of Canada; however, the City will support the provision of affordable housing whenever possible." Policies HS-12 to HS-16 of the Municipal Plan point to a variety of actions the City will undertake to support affordable housing in addition to policies HS-17 and HS-18 which refer specifically to supportive housing. Finally, in Policy CF-40 of the Municipal Plan, Council is encouraged to seek "collaboration between social agencies to support strategic community development in coordination with neighborhood planning." From staffs perspective, the applicant's proposed use of the property upholds the intended land -use designation as well as vision towards inviting additional affordable housing units Central Peninsula Secondary Plan (CPSP) The proposed development is located within the Waterloo Village Neighbourhood in a distinct area known as the Upper Waterloo Village, which is situated along Waterloo Street. This area has a built form that largely consists of two and three storey buildings and is anchored by the Cathedral of the Immaculate Conception. Waterloo Street is noted to have an inconsistent street pattern, due to the gaps created by vacant lots and derelict properties and more suburban style infill which does not maintain the historic street wall. Redevelopment within this neighbourhood should be a combination of mixed -use, commercial and medium to higher density residential development. Through these infill opportunities, the goal is to support the traditional built forms found within the neighbourhood while providing opportunities to beautify and revitalize the neighbourhood, which will help attract further investment and growth. Although the design for the proposed development is still being created, it is intended to be respectful of the established neighbourhood character and to reflect more recent redevelopment including The Social Enterprise Hub. The CPSP establishes a number of urban design and growth concepts which aim to ensure that proposed infill projects are beneficial to the Page 5 of 9 237 Toss 110-128 Waterloo Street September 21, 2021 established area. A brief discussion below will indicate how the proposed development will align with specific design characteristics and growth concepts. Design Characteristics and Growth Concept: Low to mid -rise buildings to reinstate the traditional urban built form of the Waterloo Village neighbourhood. The proposed development will incorporate design choices to ensure its compatibility with the surrounding neighbourhood and to help re-establish the missing built form. The building will be three -storeys in height, which aligns with the traditional built form of the area which ranges from two to three -storeys. The applicant is proposing to reduce the front yard setback, which will allow the structure to align with the adjacent residential building. Existing and infill buildings along Waterloo Street to retain active ground floor uses and upper floor residential uses. • The proposed development will feature commercial and retail uses on the ground floor, thus establishing an active ground floor use. The second floor will feature office space for community non-profit organizations and the third floor will feature 12 supported housing units for women. Structured and on -street parking to accommodate employees, residents and visitors. The development site will maintain the rear portion of the established parking lot and will be incorporating it into the future site plan. This will ensure that the development can accommodate its parking needs and requirements. Lastly, the CPSP determined that certain strategic projects could act as a catalyst for further development within the Plan Area. Big Moves are noted as being catalytic projects that would define and shape key areas of the Central Peninsula and would spur further investment in their vicinity. The Plan identifies the need to reinforce Waterloo Street as the Historic Corridor of Waterloo Village as a Big Move. Despite urban renewal efforts in the mid-201" century, Waterloo Street has maintained its historic pattern of buildings and parcels, which matches the urban character of the South End and Uptown neighbourhoods. Recent developments along the street have maintained the height, scale and rhythm. Vacant lots and parking lots, however, detract from the street's overall character and disrupt the streetscape. Infill development along Waterloo Street is essential to preserving and enhancing the historic street patterns and to reinforce the character of Waterloo Street as the "main street" of Waterloo Village. The proposed development will re-establish the built form at the corner of Waterloo Street and Richmond Street and will eliminate the void created by the existing parking lot. Page 6 of 9 238 Toss 110-128 Waterloo Street September 21, 2021 Zoning Bylaw Supported Housing Through the rezoning, the subject site will be zoned as General Commercial (CG), which allows for, among other uses: accommodations; business office; retail massing and supportive housing. According to article 11.7(3) of the Zoning Bylaw, no dwelling units "shall be located below the second storey of the building." It is the intent of the applicant to place the housing component on the third -storey of the building. When assessing whether the applicant's proposal is permitted under the existing zoning, staff note that the Zoning Bylaw's definition of "supportive housing" differs from the intended use of the applicant. The Zoning Bylaw defines "supportive housing" as: "an establishment licensed or approved by a government agency that provides care and or supervision on a 24-hour basis by professional staff to a maximum of nine residents under the age of nineteen, or to a maximum of nine resident of any age pursuant to the Family Services Act, but not both." The applicant has informed staff that the proposed development will not fully align with the definition of supportive housing. The proposed supported housing project will not be licensed by the Government of New Brunswick but will be utilizing government funding to support its operations. The building will provide twelve individual suites that will support the housing of twelve women. Each unit will provide a certain level of independence through the placement of private washroom and partial kitchen facilities. Shared laundry services and a fully accessible washroom will be included on this floor, along with a common seating area and a dedicated supervisors office space. The second floor of the building will feature office space for associated non-profit organizations, which will help support the operations of the supported housing operations. In addition, this space will include a full kitchen with a dining area and access to an exterior patio. Although the intention is for all meals to be provided to the residents, they will be able to volunteer to assist with meal preparation. Staff acknowledges that the established definition lacks the flexibility needed to respond to the innovations and evolutions occurring in the field of supportive housing and cannot fully capture all expected iterations of an intended use. It is anticipated that this definition and the functionality of the Zoning Bylaw's approach to supportive housing will be reviewed as part of the City's Affordable Housing Action Plan. Given this acknowledgment and the proposal presented for the women's supported housing, the use should be interpreted as a similar and compatible use. Parking Based on the Zoning Bylaw requirements which established parking standards for different land uses, the proposed development will require 26 parking stalls. The property is located within an Intensification Area and is, therefore, only required to provide 80% of the required number of Page 7 of 9 239 Toss 110-128 Waterloo Street September 21, 2021 parking spaces. Based on the parking reduction, the development requires twenty parking stalls. The draft site plan intends to retain 25 parking stalls onsite, which exceeds the Zoning Bylaw requirement. Landscaping The Zoning Bylaw establishes landscaping standards for development within the City. Within a commercial zone, all front and flankage yards are required to be landscaped, in addition to all other areas not occupied by a building, structure, parking area, driveway, walkway or amenity space. A proposed Section 59 condition will require that the future development of the site shall be in accordance to a detailed site plan which is subject to the approval of the Development Officer. The site plan will be required to illustrate the proposed landscaping for the site. The draft site plan indicates that the placement of the building will prevent the establishment of front yard landscaping. Landscaping is shown on other areas of the site including an establishment of a green buffer zone between the rear of the building and the adjacent residential building, and within the side yards of the property. The final landscaping plan to be submitted as part of the development application, will be required to align with the landscaping standards established in the Zoning Bylaw including a minimum of one tree or shrub planting for every forty-five square metres of required yard. As the available areas for landscaping are not located at the front of the property and are largely limited to the rear and sides of the property, staff is not recommending any additional landscaping requirements. Appropriate landscaping within the front yard of the building between the building and the sidewalk along Waterloo Street and the flankage yard between the building and the sidewalk along Richmond Street will be developed as part of the final site plan. The design will ensure that the sight lines at the intersection of Waterloo Street and Richmond Street are maintained. Section 59 Conditions Staff recommends rescinding the existing Section 59 conditions related to the development of the parking lot and the Visitor Interpretive Centre. The two separate sets of Conditions are related to specific site development that will not be applicable to the future redevelopment of the property. Staff is recommending Section 59 conditions which will require the applicant to submit flow calculations, completed by an Engineer, to facilitate the modelling of the water and sewer usage and for the future development of the site to be in accordance with a detailed site plan subject to the approval of the Development Officer. Affordable Housing Action Plan The City is committed to develop an Affordable Housing Action Plan for Saint John, which is intended to be a collaborative exercise between the numerous community agencies, partners, developers, and federal and provincial departments supporting affordable housing in Saint John. The development of the Action Plan was launched in the summer of 2021, with the hope of finalizing the recommendations by mid-2022. While the Plan will seek to action a variety of needed changes toward affordable housing in Saint John, involving numerous existing Page 8 of 9 240 Toss 110-128 Waterloo Street September 21, 2021 processes, organizations, and partnerships, it will also identify actions for the City of Saint John. The Plan is expected to yield recommendations to further enhance the City's existing community planning framework and its commitment and responsiveness to affordable housing. Conclusion The proposal can be supported on the basis that the proposed mixed -use building will align the goals and objectives of both PlanSJ and the Neighbourhood Plan. The infill development will introduce an active ground floor use, re-establish the street wall along Waterloo Street and will provide additional supported housing units. Through the approval of a similar and compatible use, it will support the development of innovative housing forms which will meet the diverse needs of the community. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are recommended. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 10, 2021. The rezoning public notice was posted on the City of Saint John website on September 10, 2021. APPROVALS AND CONTACT Author I Manager Commissioner Jennifer Kirchner, MCIP, RPP I Phil Ouellette Jacqueline Hamilton, MCIP, RPP Contact: Jennifer Kirchner Telephone: (506) 639-7933 Email: Jennifer.Kirchner@saintjohn.ca Application: 21-0140 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan and Neighbourhood Plan Review Submission 1: Draft Site Plan Submission 2: Draft Design Concepts Page 9 of 9 241 N N fQ N a CL 0 0 cu E 0 A fQ Q o o 00 C/) 0- 0 N O N LO 00 0 0 0 0 LO N �j ch v o 0 o 0 `m m 0 0 � 0 0 U_ co O O N Z O O c� (D U) C cv J ID LL U) U O N M 00 O U) N O N M .N m N c a) U) (D U) c a) 0) a) 2 U O a) U) E X a) 2 '3 m ID Q C a) E 07 Q N O L a) i a) a) cv Q E i 0) •C: O N N N Cn O O L 00 N O LO 00 CDp 6To LO N �j ch v o 0 o 0 N a� Q 0) E Q = O OaD N � N c � O N C O - d U d Z LL LL U U U d U (7 m � U U M 17 c� a O U M 00 Q O = OO i) a rn N O o N N LO N X W S N I II!II I ii III 9 S L v L O v 4— m v 4- L O N 4- 4— ca N 4— (1a U O N a--+ c N E 0- 0 N N N 4- 4- O c O 4— L O Q 4— V) O L 4— (3) N � N 4 =3 4- 0 N v) -0 N c = O 4- 0 4— v v ca � v +� � N ca cn L qp O O O 4- 0 N 4— Q j N � 4- H 0 rl- N +' ° s ao Q c c a u +0 O .a° c c ca co O E a) O c s+a�) +�'O O — i = , 6 u cs-0ac 4� a +Ec 4� u0 co O O O o s a u , +1 o 0 v saco 4-1 s ' Q 0� � m a O E 4o =aC�:s Q aco +� +�+�a) _ � E a c-o1 sO o +� -a 4-1c+1 O c > ' -u u c 76Oo 3a) o s4-1 0° s a co c o Q s +� E fu +o E 4�s a) °' s a i41 4-1 c 4 o a a °° o O 4�s � o 'c E o 0 a o o O c + " = 4� a 0 a> E s o a) s 0 vcco� o 4-1 O c a) cCLc 4�c a. s4-1 4; > sao 0 s ,.; seo o s cuo 2 o (u ao c c o o ~ s u u c o s � 0O +�> w+o aoE cc°oc "c6 c O -a — r-w c.� +�> +1 O w°� -0c Oo s > 0 C a a o�0-0 ° a) ) aO -0 -0 E m a -a -0 a M s ago CA > � o ao O ) 4Ua. - -0 4� m--0Q E x a) a) } c 4� 0 a s s +� s s a > .- c 0 41 + a) � +' a) Q a a) -0 M 0 0 s c a) - `° c s � c m — 0 i ° — O +� a) Q 0 •0 } o s s a) o a) +'4-1 v� a 0 a° a a) s O� u o E 0 a 0 -0 a a) a a) m s a s E a) c a Q s c 4 O c a a; c c u a) a) 4' s i a) dA a) a) E u -0 a) a) E —_ a) a) .� —_ O ei M s> s c6 a) a 0 s c-I a) s c s o m c O a s s O s a s x a) i 0 O H > H m H > m +1 1 4. 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Aimee; OneStop Subject: FW: Rezoning By-law Amendmant, and Section 59 Amendment 110-128 Waterloo Street Date: September 15, 2021 2:24:04 PM Paula Hawkins One Stop Development Shop Customer Service Centre Ground Floor— City Hall (506) 658-2911 paula.hawkinsl)saintjohn.ca From: John Taylor <johnandlidwina@bellaliant.net> Sent: September 15, 2021 1:43 PM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning By-law Amendmant, and Section 59 Amendment 110-128 Waterloo Street [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsampleasain -john.ca or contact IT Service Desk at 649-6047. * * To Whom it may concern, With regard to the above mentioned notice, I have a concern. My name is John Taylor, and I am the owner of the adjacent property at 132 Waterloo Street. The aerial view of the properties which is attached to the notice seems to suggest by the red line, that I might lose access to the parking at the back of my building. This access cannot be cut off. John Taylor 9 Sterling Place Quispamsis, NB E2E 4M3 P47.1 Development Shop , 111,1 . V.11• p, - !'! S1(YT1UIiV Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I j(0 �Z l)&TLL-0 I%24_O I APPLICATION # I I FEE PAID I Y I Qj TYPE OF APPLICATION ❑Land for Public Purposes Release Application Fee: S350 ❑ Section 59 Amendment Application Fee: $2,650 ❑ Non -Conforming Use Application Fee: $250 Zoning By-law Amendment Application Fee: $2,650 ❑ Satisfactory Servicing Application Fee: $350 ❑Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. CCU 1�" � 7O G ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registe ner-oFAtiltiorizecf'Age< Additional Registered Owner Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 2021 06 01 got" ((J•�C�o� C 579h �b Cu,Se Diocese of Saint John Charles Somers, CPA, CA Manager — Finance and Administration 1 Bayard Drive Saint John, N.B. E21- 3L5 506-653-6814 (phone) csornersioceseofsaint�ohn,r July 23, 2021 Saint John Community Loan Fund Attention: Seth Asimakos 139 Prince Edward Street Saint John, N.B. Dear Mr. Asimakos: Please take this letter as confirmation that we are in acceptance of your officer to purchase the properties in question related to Exmouth and Waterloo Streets. We are also happy to report to you that the Saint John Parking Commission have relinquished their right to purchase the property so we will be moving forward with the sale of the properties to you and your group. We expect this should suffice your requests from the City of Saint John but should you require anything further please feel free to contact the undersigned via email at csomers diocesecjfsaintjohn.org or by phone at 506-647-5235. Sincerely, Charles Somers, CPA, CA Manager — Finance and Administration PIRI.13 MM11r r �i1q* f - % *4' ';i l LU Fz Q a a 0 m g E 8' b E E E E E E E E E E & E E E o O E m E w E E o A E E E E E E f7 Z V ) Z W W Of Z) a NWN [if Z � Z (� OZ N Z J O� 00 UZ W i Q W Q N9IS30:SS01 U J = J H Q ¢ W W Za: LLJ > C7 J¢ a' Q W LL ( N (U/) W U w U O of Z> N LU U) W O N Q W Q p LL U) U ? 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Rezoning a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879, from Neighbourhood Community Facility (CFN) to General Commercial (CG) as illustrated below 2. Amending the Section 59 conditions imposed on the June 27, 2016 rezoning of the parcel of land, located at 112-122 Waterloo Street, also identified as PI Ds 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879 to permit a revised proposal, and 3. Amending the Section 59 conditions imposed on the November 1, 1999 rezoning of the parcel of land, located at 124 Waterloo Street, also identified as PI Ds 00013706, 00012144, 00013136, and 00013128, to permit a revised proposal. 4C 33 31 ° 3 29 w 16 13 3 2 . 13 112 • 106 15 r 1� 22 PURL REASON FOR CHANGE: To develop a mixed -use building including commercial uses and supportive housing. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(o)-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerkp_saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de Modification de I'arrete de zonage, et modification en vertu de I'article 59 Objet : 110- 128, rue Waterloo Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 octobre 2021 a 18 h 30, en apportant les modifications suivantes : Rezonage d'une parcelle de terrain d'une superficie d'environ 716 metres carres, situe au 110-128, rue Waterloo, egalement identifie des NID 00013748, 55039887, 00013714, 00013730, 00013722, et 55039879, de Zone d'installations communautaires de quartier (CFN) a Zone commerciale generale (CG) comme le montre la carte ci- dessous; 2. Modification des conditions de I'article 59 imposees relativement au rezonage du 27 juin 2016 de la propriete situee au 112-122, rue Waterloo, et portant les NID 0013748, 55039887, 00013714, 00013730, 00013722, et 55039879, pour permettre la preparation d'une proposition revisee; et 3. Modification des conditions de I'article 59 imposees relativement au rezonage du 1 novembre 1999 de la propriete situee au 124, rue Waterloo, et portant les NID 00013706, 00012144, 00013136, et 000131289, pour permettre la preparation d'une proposition revisee. INSERT PHOTO (this is just a note to make sure the photo goes here on the website, no need to actually insert it) RAISON DE LA MODIFICATION: f80:1:1 Afin de developper un immeuble a usage mixte comprenant des usages commerciaux et logement avec services de soutien. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du Iundi au vendredi, sauf Ies jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 KIM BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 1114 Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 716 square metres, located at 110-128 Waterloo Street, also identified as PID Numbers 00013748, 55039887, 00013714, 00013730, 00013722, and 55039879, from Neighbourhood Community Facility (CFN) to General Commercial (CG). all as shown on the plan attached hereto and forming part of this by-law. ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : 1. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 716 metres carres, situe au 110-128, rue Waterloo, egalement identifie des N I Ds 00013748, 55039887, 00013714, 00013730, 00013722, et 55039879, de Zone d'installations communautaires de quartier (CFN) a Zone commerciale generale (CG) toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common EN FOI DE QUOI, The City of Saint John a Seal of the said City to be affixed to this by-law fait apposer son sceau communal sur le the X day of September, A.D. 2021 and signed present arrete le X septembre 2021, avec les by: signatures suivantes : Mayor/Maire Common Clerk/Greffier communal K1.1.13 First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X M-16.1 Staff Recommendation for Council Resolution Property: 31 Cliff Street Public Hearing: October 4, 2021 Item Required: (Y/N) Recommendation Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Zoning by-law to rezone a parcel of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). 3rd Reading Proposed date for 3rd Reading: October 18, 2021 Item: Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law to rezone a parcel of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). Recission of No N/A Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also fPXL07 identified as PID Number 55221071, a portion of PID Number 55226724, and a portion of PID Number 00014621: a) That the there be no net increase in the discharge of combined post development stormwater and sanitary sewer flows from the site for both minor and major storm events beyond the combined stormwater and sanitary sewer flow which currently is discharged from the site during both minor and major storm events. b) That the design of the site prepared by the developer's engineering consultant and implementation of the site servicing by the developer include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectIDs 225134, 225135, and 225136 as noted in the City's GIS system. c) That the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID 0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectIDs 225131, 225132, and 225133 in the City's GIS system. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. Should the landowner be able to demonstrate to the City that these catch basins are not connected to the City's sewer system, this confirmation would satisfy the intent of this condition and relieve the landowner from any work associated with the separation of these three catch basins. d) That a Traffic Impact Statement be completed to assess the traffic impacts of the proposed development, including the proposed driveway to the site from Cliff Street, the impacts of the development 271 on the adjacent intersection of Cliff Street and Waterloo Street, and the drop off/pick up operations for the proposed daycare. If any traffic or transportation system improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. e) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. f) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: • the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Waterloo Street frontage provided at least 50 percent of the required plants are trees, and that the landscaping plan include the retention of existing trees along the Waterloo Street frontage of the site, dependant on the condition of the existing trees. g) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. NO Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A PAFW k 0) a) a) .x E c� cn O U a) N_ .C/) . M SR cn .E CD a� CO VI c� U ry O 75 H U - 0 0 .C: O N N ry s al c- W N 1 ,4Yle lF I1fN �{li i. � Pam 0 CL 0 L a Im 0 CL 0 L a win' ■� P W-m 0 CL 0 L a ■ ■ ■!M-11 1■!!. ■I!!. IRS ■!!11 ■U■� I©!!. ■III I■I!!. ■III■I 1IM SE'lI ■IiII rt �t��r t■ Q .� . A CL O 1� Rs L a ■WHIM 13 0 0 =a LM =1 a� 0 z 08 N t �. jo* . . . . . . . . . . . . ------- AbAILAMI&M, Libl, n m i i II fl I f it i I w co N c _rn x L 115 al [L V) IL CL 000 Z O ¢ O a _0 O U N FL N O � N � O C U Cn C: c -0 U O O _ }' — L O U - N v N N C: N U = ) _ _ �_ O E N 0 C: a) a) m x � O }, cu � .. U U) � C a)N a L O Q o a �� � _ cn o E a a o 0 o v N L _N U to - .E a O a �a X XO M � (6 N � �__ U� O � Q > � N N O � U U N • • • rl -,# *%, 4% b M, ai4� 4 rr m Tg IT�1 .E o n°� a o E V a .Pp u u 1 1 1 (] u { k 1 0 a �O��I cn N N co .0 � O Cfl N O co }, }' N o E E _ C/) U') U L- E O � a) E E � p o U N CY) T . C: a) o c� �� p U) o •— O U O LO E cn a C° 0 QL p .L a 0 � O > c� L a m � C m L a70 U Q O a)) 0 a) x O� p � .- a- E p � c� O E � U U ` O �--+ — N C ^ LL 0 a) U _0 � N � E � > a) v a) a) 0 � i cu L a) cu E L a) cn E Q /1 a--+ N a)0 c cn — -0 E � m a) Q. 0 70 N U .0 U N 0) a) 0 0 cn 3 U >� can o c�a U ^0 Q- ^^x`` W o 1 0 N o `� a cn C a a� E a) U) O o � 0 o 0 cn N U N O ca cn N 0 U co U i 0 0 � Q 0 . � N Z cn () N L 0 a) ca _O m .CL cn J 0 0 0 .cn ^O CL cn L _cn L N CL _O N 0 • , K• m m a cn 0 O >, L a) a) cL 0 0 L— CL Q� — a) c� O a) o L- O O O �L— N O E r 0 0 E cn C: cn U a) O cn O 0- a) O U N O cn L- L- a) O a c� c� a) c� O cn N 0- 0 > a) 0 cm _O U � o 0-0- a) o -C L- 1-0 Q- E a) o� a) .> a) a) -a 0.5 L 0 c 'C E Q O N Q cn N O L cn L a) a 00 cn O cn Q CD 0 0 04 N O LL- a) E a) E O z C cn C6 m 11 cn 0 E cr 0 11 11 nL W aD cn 0 Z 0 c 0 cu L- C6 QL (1) a� 4-0 0 C (1) 0 c m E E 0 m U a Mold (3) LO c O A--+ C� a) U) 0 U Cl) C6 � U O CY) U O 4— O O E O o a ca � L E a)L- DL O O a)cn > O O �� O O m }' cn O C6 C: O 0- O .� U U) -0 co 11 C (1) 0 c m E E 0 m U a Mold LO c O 0 U co a ) E cn O cn O ca 0 cn O 11 U cn cn C6 L � O � v � o o � � 0 0 o � � U � � O .� O O .cn 4) � .Q� a) Q) C� C c- W N 1 ,4Yle lF I1fN �{li i. � PLANNING ADVISORY COMMITTEE September 21, 2021 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 31 Cliff Street (PIDs 55221071, 55226724, and 00014621) The Cily of Saint John On August 23, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 21, 2021 meeting. Mr. Rick Turner, of Hughes Surveys and Consultants, the applicant, appeared before the Committee and noted other members of the project team were in attendance. Mr. Turner expressed general agreement with the Staff Recommendation, noting there were some additional details to be reviewed with City Staff related to the Section 59 condition proposed in 2. c) of the Staff recommendation. This condition relates to separation of three catch basins at the rear of the Cathedral by the Roman Catholic Bishop of Saint John. He noted more discussion is required with the City, prior to the Public Hearing at Common Council, related to the possible complexity of this work given the potential underground infrastructure on the site. He also noted the existing trees along the Waterloo Street frontage of the site would be protected. Responding to questions from Committee members, Mark Reade, Senior Planner noted, there is time for additional discussions with City Staff regarding condition 2 c) as the Section 59 conditions are not imposed until after Third reading of the rezoning which is scheduled for October 18. Mr. Reade also noted the standards of the Urban Centre Residential zone specify certain cladding materials to be used on the front and flankage building facades. No other persons appeared before the Committee and nine letters were received regarding the application. Following consideration of the presentations, letters, and Staff report, the Committee unanimously adopted the Staff Recommendation. The Committee also granted a temporary use approval to Page 1 of 3 294 Hughes Surveys and Consultants 31 Cliff Street September 22, 2021 permit the excavation for the proposed development prior to the approval of the rezoning. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071, a portion of PID Number 55226724, and a portion of PID Number 00014621: (a) That the there be no net increase in the discharge of combined post development stormwater and sanitary sewer flows from the site for both minor and major storm events beyond the combined stormwater and sanitary sewer flow which currently is discharged from the site during both minor and major storm events. (b) That the design of the site prepared by the developer's engineering consultant and implementation of the site servicing by the developer include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectlDs 225134, 225135, and 225136 as noted in the City's GIS system. (c) That the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID 0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectlDs 225131, 225132, and 225133 in the City's GIS system. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. (d) That a Traffic Impact Statement be completed to assess the traffic impacts of the proposed development, including the proposed Page 2 of 3 P"01 Hughes Surveys and Consultants 31 Cliff Street September 22, 2021 driveway to the site from Cliff Street, the impacts of the development on the adjacent intersection of Cliff Street and Waterloo Street, and the drop off/pick up operations for the proposed daycare. If any traffic or transportation system improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. (e) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the ownerldeveloper's engineering consultant to the City for review and approval by the City. (f) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Waterloo Street frontage provided at least 50 percent of the required plants are trees, and that the landscaping plan include the retention of existing trees along the Waterloo Street frontage of the site, dependant on the condition of the existing trees. (g) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. Respectfully submitted, Brad Mitchell First Vice Chair Attachments Page 3 of 3 ,u w 296 The City of Saint John Date: September 17, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: September 21, 2021 SUBJECT Applicant: Hughes Surveys and Consultants Inc. on behalf of Steepleview Developments Inc. Landowner: Roman Catholic Bishop of Saint John Location: 31 Cliff Street PID: 55221071, 55226724 (portion), 00014621 (portion) Plan Designation: Medium to High Density Residential Existing Zoning: Major Community Facility (CFM) and Urban Centre Residential (RC) Proposed Zoning: Urban Centre Residential (RC) Application Type: Rezoning and Temporary Use Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, October 4, 2021. The Zoning By-law authorizes the Planning Advisory Committee to permit, for a temporary period of up to one year, a development Page 1 of 12 297 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 otherwise prohibited by the By-law. The Committee can impose conditions. EXECUTIVE SUMMARY The applicant is proposing to construct a mixed -use building with 56 dwelling units and a day care with two licenses. It is intended that the dwelling units in the building will be split evenly between market rent and subsidized units. The application requires a portion of the development site to be rezoned from Major Community Facility (CFM) to Urban Centre Residential (RC). The applicant has also requested approval of a Temporary Use to allow for excavation to begin in advance of the rezoning approval to provide efficient use of the remaining construction season. Variances and subdivision, all within the jurisdiction of the Development Officer's approval, are also required. Approval of the proposed application is supported by Staff as it conforms to the Municipal Plan and implements the vision for the area as established in the Central Peninsula Secondary Plan. Appropriate conditions related to servicing, traffic and site development are also recommended in conjunction with the rezoning. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID Number 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071, a portion of PID Number 55226724, and a portion of PID Number 00014621: (a) That the there be no net increase in the discharge of combined post development stormwater and sanitary sewer flows from the site for both minor and major storm events beyond the combined stormwater and sanitary sewer flow which currently is discharged from the site during both minor and major storm events. (b) That the design of the site prepared by the developer's engineering consultant and implementation of the site servicing by the developer include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectlDs 225134, 225135, and 225136 as noted in the City's GIS system. Page 2 of 12 298 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 (c) That the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID 0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectlDs 225131, 225132, and 225133 in the City's GIS system. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. (d) That a Traffic Impact Statement be completed to assess the traffic impacts of the proposed development, including the proposed driveway to the site from Cliff Street, the impacts of the development on the adjacent intersection of Cliff Street and Waterloo Street, and the drop off/pick up operations for the proposed daycare. If any traffic or transportation system improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. (e) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. (f) That the development and use of the parcel of land be in accordance with a detailed landscaping plan prepared and implemented by the developer that incorporates the following in addition to the requirements of the Zoning By -Law: the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Waterloo Street frontage provided at least 50 percent of the required plants are trees, and that the landscaping plan include the retention of existing trees along the Waterloo Street frontage of the site, dependant on the condition of the existing trees. (g) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. Page 3 of 12 299 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 3. That the Planning Advisory Committee grant temporary approval to permit the excavation for the proposed development on the parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071, a portion of PID Number 00014621, and a portion of PID Number 00014621, and that this approval be subject to the following conditions: (a) A Development Permit be obtained by the Developer prior to the commencement of the excavation, with the developer required to provide the following information with the application for the Development Permit for the excavation: • drawing(s) showing the extent of the excavation • a Stormwater Management Letter from a Professional Engineer detailing how the stormwater impacts of the proposed excavation will be managed; • an Erosion and Sedimentation Control Plan; and • a Traffic Management/Truck Routing Plan detailing the route trucks will use to access and exit the development and area of the subject site and any necessary traffic management measures. (b) The Developer will also be required to provide fencing or hoarding around the site during the excavation and during the time the excavation is open prior to construction commencing to prevent unauthorized entry into the site. (c) Should the rezoning not be approved, or construction of the development not begin within one year of approval of the rezoning, the excavation must be filled it and topsoiled and hydroseeded in accordance with Section 9.7 of the Zoning By - Law. DECISION HISTORY At their meeting of June 13, 2016, Common Council rezoned a portion of the site (PID 55226724) from CFM to RC in conjunction with the proposed redevelopment of the adjacent former St. Vincent's School into a building containing 57 residential units. ANALYSIS Proposal The applicant is proposing the construction of a five storey, mixed -use building which will include 56 dwelling units, and a day care with two licenses. Two licenses would be required as the daycare is anticipated to have an enrollment of 80 children and the maximum enrollment per license is 60 children. Dwelling units in the building are anticipated to be 50% market rent and Page 4 of 12 300 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 50% subsidized rent. Underground parking will be provided within the building along with a common room for area residents and a meeting room for the Knights of Columbus. Site and Neighbourhood The subject site is in the "Waterloo Village" neighbourhood of the City's urban core area, at the intersection of Waterloo Street and Cliff Street. The surrounding neighbourhood has a variety of non-profit entities, including the Church of St. John & St. Stephen, Rehabitat Inc., the Outflow Ministry, the Coverdale Centre for Women, as well as several commercial businesses and residential land uses. The residential component of the neighbourhood includes a mix of dwelling types. The overall subject site has an area of 4735 square metres with a frontage on Cliff Street being approximately 100 metres, and the Waterloo Street frontage being approximately 30 metres. The site contained the former St. Vincent's Convent which was demolished in 2012. The former St. Vincent's High School, decommissioned in the early 2000s, is located to the west of the site, with the Cathedral of the Immaculate Conception and Bishop's Palace located to the north of the site. Zoning within the area is a mix of Major Community Facility (CFM) and Urban Centre Residential (RC) with commercial uses zoned Mixed Commercial (CM) and Uptown Commercial (CU). Municipal Plan, Secondary Plan, and Rezoning Municipal Plan and Secondary Plan This area of the City is designated Medium to High Density Residential on Schedule B of the City's Municipal Plan. This designation is generally concentrated in three inner-city historic neighbourhoods, including the South End, Waterloo Village, and the Old North End. The land uses contemplated in these areas include "a range of housing types with an emphasis on the provision of higher density housing forms such as apartment, condominium, and townhouse units". The Plan encourages higher density development in urban areas that have easy access to daily amenities, as they tend to make efficient use of land, resources, infrastructure, and public facilities. Developing in these areas helps leverage existing investments the City has already undertaken, and positively contributes to creating more sustainable and vibrant communities. The Plan also promotes the inclusion of affordable housing units in the Medium to High Density Residential land use designation. The Plan recognises that the development of "complete communities" includes a range of residential options that respond to the needs of all residents in the community. The Central Peninsula Neighbourhood Plan (CPSP) envisions mixed use, commercial, and medium to higher density residential developments within the Waterloo Village area. The CPSP also encourages increased mixed -income residential developments to support the transition to a Page 5 of 12 301 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 complete neighbourhood. A Big Move of the CPSP for the Waterloo Village area is to reinforce the role of Waterloo Street as the historic corridor of Waterloo Village. Completion of the missing built form and enhancement of public realm and streetscape along Waterloo Street are initiatives to achieve this goal. A detailed analysis of the proposal in relation to the policies of the CPSP and Municipal Plan are provided in Attachment 2. The proposal conforms to the policies and direction established in the Municipal and Secondary Plans through: • providing a mixed -use development and both market based and subsidized rental units within an Intensification area; • respecting the setbacks and massing established by adjacent buildings; and • reinforcing Waterloo Street as the historic corridor of Waterloo Village by adding a building to complete the missing built form at the Waterloo Street / Cliff Street intersection. Rezoning The proposal requires the rezoning of a 0.39-hectare portion of the site comprising PID 55221071 and a portion of PID 00014621 from Major Community Facility (CFM) to Urban Centre Residential (RC). The proposed Urban Centre Residential (RC) zone is intended for a wide range of serviced urban residential development, primarily located in the City Centre where the largest range of land uses currently exist. A large portion of the surrounding residential properties in the vicinity of the subject site are all located within the RC zone. The building has a height of 17.9 metres, which ranges along the Cliff Street facade from 16.45 metres along Waterloo Street to 19.5 metres adjacent to the former St. Vincent's School. From Staff's review of the design, a step back is not required with the proposed design as the 14- metre elevation is part way through the upper (fifth) storey. Given this, a step back is not required for the proposed design but would be required at the sixth storey. The architect is proposing design approaches to reduce the massing of the building along the Cliff Street facade including: Colour and materials which provide differentiation of the ground storey and portions of the upper storey. Staff note the RC zone standards require front and flankage building facades shall only have cladding comprised of brick, stone, cementitious material, or wood, or any combination thereof. The architect has indicated the cladding design has yet to be finalized, however materials bring reviewed include cementitious siding and stucco. • Horizontal relief of the facade including recessed balconies and the western most portion of the Cliff Street facade which relates to the pattern of relief found on the former St. Vincent's School. Page 6 of 12 302 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 • Cornices which establish an upper datum referencing the cornice found on the former St. Vincent's School and a lower cornice between the fourth and fifth stories. The proportion of transparent areas on the Waterloo Street and Cliff Street facades are approximately 20%, which exceed the minimum 15% required in the RC zone. Development Officer Variances While the standards of the Zoning By-law and specifically the RC zone are mostly met, the proposed building and site design requires three variances from the standards of the Zoning By- law to: • increase the front yard (along the Waterloo Street frontage) from 3 metres to approximately 30.6 metres. • reduce the side yard of the Bishop's Palace from 7.5 metres to 3.2 metres, and • reduce the number of parking spaces from 58 to 44. Section Standard Variance Requested 10.1(3) Maximum Front Yard: 3 metres To increase the front yard (e) along Waterloo Street from 3 metres to approximately 30.6 metres. Staff Response The intent of the maximum front yard is to located buildings closer to the street, which is the built form often found in core urban areas. In this case the increased setback preserves the view planes towards the Cathedral along Waterloo Street. Staff note the adjacent buildings along Waterloo Street, the Bishop's Palace and the Cathedral of the Immaculate Conception have front yard setbacks, measured to the main front walls, of approximately 15 metres. Staff also note the provision of the increased front yard setback also provides additional space for the playground area for the daycare centre. Staff are recommending a Section 59 condition be imposed with the rezoning requiring a landscaping plan for this area and the retention of existing trees along the Waterloo Street frontage. This aligns with the direction of the CPSP to promote additional beautification along Waterloo Street, Given the existing setbacks along Waterloo Street and the preservation of the view plane, the Development Officer considers there to be reasonable grounds to grant the variance. Page 7 of 12 303 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 Section Standard Variance Requested 13.2(2) Minimum Side Yard: 7.5 metres To reduce the side yard of (g) the Bishop's Palace from 7.5 metres to approximately 3.2 metres. Staff Response The Major Community Facility (CFM) zone, the zoning of the Bishop's Palace site, requires larger setbacks, owing to the larger building footprints often found in institutional zones. In this case, the reconfiguration of the property boundaries of the development site will result in a reduced side yard of 3.2 metres for the Bishop's Palace. The Development Officer considers the variance reasonable as the site is in an urban area which often has smaller yard setbacks owing to a compact development pattern. Staff note the reduced side yard setback is within the context of the surrounding neighbourhood. A sufficient separation between the proposed building and Bishop's Palace will still exist with a minimum separation of 8 metres between the two buildings. Given this, the Development Officer considers there are reasonable grounds to grant the variance. Section Standard Variance Requested 4.2 The number parking spaces shall be as follows: To reduce the number of parking spaces from 58 to 44. Dwelling Unit 1 space per unit Affordable Dwelling Unit 0.5 spaces per unit Day Care Centre 1 per 5 children Fraternal Hall 1/20 square metres These are reduced by 20% given the location within an Intensification Area. Staff Response The site is within an urban area with amenities and daily services within proximity. This provides the opportunity to walk to establishments providing daily needs. The site is also located on a transit route, which further reduces the need for residents to require a vehicle. Bicycle parking will be provided within the building. Given this, the Development Officer considers there are reasonable grounds to grant the variance. Proposed Section 59 Conditions Staff recommend standard Section 59 conditions requiring detailed site, building, and landscaping plans for the proposed development to be submitted with the building permit application. Staff note the increased building setback along Waterloo Street provides an opportunity for enhanced landscaping along this street frontage. Staff also note there are existing mature trees along this frontage that should be retained and incorporated into the site landscaping. Given this, Staff recommend a Section 59 condition requiring enhanced landscaping along the Waterloo Street frontage and incorporating the retention of the existing mature trees along this frontage into the site landscaping plan. Page 8 of 12 304 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 The City's Infrastructure Development Service Area has reviewed the proposal with respect to the servicing and transportation aspects of the proposed development. While the City's Drainage By-law requires a "net -zero" approach to stormwater management whereby post - development stormwater flows from a development site are limited to pre -development stormwater flows, this area is served by a combined sewer system. These are sewer systems where stormwater and sanitary sewer flows are conveyed in the same pipe. Given this, Staff are recommending a Section 59 condition limiting the combined post development stormwater and sanitary sewer flows from the site in both a minor and major storm event to the flow which currently leaves the site during both a minor and major storm event. Two additional Section 59 conditions are recommended, requiring the developer and landowner of the property (Roman Catholic Bishop of Saint John) to separate the components of the combined stormwater and sanitary sewer system on the site of the proposed building and remnant lands. There are 9 existing catch basins connected to the City's existing combined system on the lands that are included in the application. Flow from these catch basins is contributing to the existing municipal combined sewer and are limiting new sewer connections, including connection limitations from the proposed development site. These catch basins are as follows: • 3 catch basins located on the former St. Vincent's High School site which forms a portion of the development site, • 3 catch basins located to the rear of the Cathedral, and • 3 catch basins in front of the Bishop's Palace site. Development Site Staff recommend a Section 59 condition requiring the design of the site prepared by the developer's engineering consultant include the engineered design and installation of a separated sanitary and storm sewer for three catch basins located on the former St. Vincent's High School site (PID 55226724). These catch basins are ObjectlDs 225134, 225135, and 225136. Installation of both and a dedicated sanitary sewer and storm sewer on this parcel will enable connection from the development site and remove the contributing stormwater flows from this site associated with 3 existing catch basins. Cathedral Site Staff recommend a Section 59 condition requiring the landowner of the Cathedral site, the Roman Catholic Bishop of Saint John, to undertake an engineered stormwater design and separation on the site of the existing Cathedral (PID #0014621), to eliminate 3 existing catch basins (at the rear of the Cathedral) from contributing flows to the existing the sanitary sewer. These catch basins are ObjectlDs 225131, 225132, and 225133. Staff recommend that this work be completed prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. There may be an opportunity to coordinate a flow reduction strategy in conjunction with the proposed development. Page 9 of 12 305 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 There are three existing catch basins located in front of the Bishop's Palace which also contribute to flows in the City's combined sewer system. The City commits, with appropriate permissions granted from the Roman Catholic Bishop of Saint John, to removing the 3 catch basins prior to occupancy of the proposed mixed -use building or 5 years, whichever is greater. An additional Section 59 condition is also recommended requiring the developer to prepare a Traffic Impact Statement focusing on the proposed driveway to the site from Cliff Street, the impacts of the development on the adjacent intersection of Cliff Street and Waterloo Street and the drop off/pick up operations for the proposed daycare. Should on -street parking spaces be proposed for parking related to children accessing the daycare, the assessment will have to consider the availability of a sufficient number of on -street parking spaces and associated impacts on safety given that this activity coincides with peak morning and afternoon traffic periods. Appropriate amendments to the City's Traffic By-law will also be required. Through the detailed design of the site servicing and building, the developer may be required to provide a private water booster system to provide sufficient water pressure within the building. The developer's engineering consultant will be responsible for determining suitable servicing requirements regarding water pressure for the development. Consistent with the City's Building Permit process, the developer's engineering consultant must resubmit water and sewer flow information to the City to validate modelled results. Temporary Use The applicant has requested approval of a temporary use to allow for excavation related to the building foundation to commence and proceed prior to Common Council's approval of the rezoning. Given the lateness in the construction season, the developer would like to make use of available time and commence excavation for the building and site work as early as possible. This will allow for work to commence on the foundation in a timely manner following issuance of the building permit. While this could normally be accommodated through issuance of a building permit, a building permit cannot be issued until the use is permitted on the entirety of the development site. Given this, a Temporary Use approval is required as the magnitude of the excavation and building construction would not be permitted without the rezoning. Staff are supportive of the temporary use and recommend imposition of the following conditions by the Committee: • A Development Permit is required to be issued prior to the commencement of the excavation and the developer is required to provide the following information with the application for the Development Permit for the excavation: o a Stormwater Management Letter from a Professional Engineer detailing how the stormwater impacts of the proposed excavation will be managed; o an Erosion and Sedimentation Control Plan; and o a Traffic Management/Truck Routing Plan detailing the route trucks will use to access and exit the development and area of the subject site and any necessary traffic management measures. Page 10 of 12 306 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 • The Developer will also be required to provide fencing or hoarding around the site during the excavation and during the time the excavation is open prior to construction commencing to prevent unauthorized entry into the site. Should the rezoning not be approved, or construction of the development not begin within one year of approval of the rezoning, the excavation must be filled in and topsoiled and hydroseeded in accordance with Section 9.7 of the Zoning By -Law. The requirement for a stormwater management letter and erosion and sedimentation control plan is a means of identifying potential measures to be implemented by the developer and contractor to mitigate the impacts of the excavation on the City's infrastructure. Conclusion The proposed development aligns with the Municipal Plan and CPSP and will provide additional housing options within the Waterloo Village neighbourhood. Staff recommend approval of the rezoning subject to Section 59 conditions related to infrastructure, traffic, and site, building and landscaping plans. Approval of a Temporary Use to allow for excavation to commence is also recommended. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed for the application. ENGAGEMENT Proponent The applicant has notified area residents / landowners of the proposed project. The notification package and distribution area are provided in Submission 6. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on September 10, 2021. The rezoning was posted on the City of Saint John website on September 10, 2021. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 21-0121 Page 11 of 12 307 Hughes Surveys and Consultants 31 Cliff Street September 17, 2021 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Catch Basins requiring separation from Combined Sewer System Submission 1: Site Plan Submission 2: Floor Plans Submission 3: Elevation Plans and Renderings Submission 4: Tentative Plan of Subdivision Submission 5: Excavation Plan Submission 6: Developer Neighbourhood Notification Page 12 of 12 308 � , 0,64 Ilk- 13 d E Y LO 00 O O O O rl- LO �j ch v 0 0 o 0 X O O � O O co O O Z O O c� cu a ^D CL ^O W (D 0 cu ^E I..L 0 U) U fQ N Q C) co 0 N 0 N m O LO 00 CDp 6To rl- LO N �j ch v o 0 o 0 `m m 0 0 � 0 0 U_ CO O O N Z O O c� `r m Lp cY) c a� U) (D U) c aD o 2 U a) o U) E ai x J ID LL (B ID Q C N E U) Q O O L (B ; cl cL o O E L .= U) 0- 0- 0 0 N 1� 0) •C: N N N Cn U LO 00 CDp 6To rl- LO N �j ch v o 0 o 0 `m m 0 0 � 0 0 U_ CO O O N Z O O c� U U U fN N i N (6 d M � O U Q O5 0 � a rn N .� O N O N A IE O O L Ln V r1 ro WE r1 N O N cy r-I Q) E Q) Q Q) N No N C7 N m � (A � °o 0 a) 4 °' s O a) m o LLn U +� + c�o Oa c aco sO p oa) IA3 c a) N° 4,4� a) � c "M u N 4 Ln o s U 'uc p 4� 0 i a 0 u v N O s 4� 4� '6 -04' dA Q� O a-C� O� ca) s aa} css 4' a `4 a.scu ° s u > u 6uO > M a) ( s aN mN a) E a) C so a , - M a) -C } as L — C4 sro a) O 04' O +� o o _ o -C n aa)) m p+� c u > 4� CL c 4' O Ote -CE �•p > 4O ci —+3 O a) m Co c" OE N E os.a) •E U +E 'sfO6 o +�4'O Em a, ++� 3 A4- � s ) O _ E +, aE 4�ao o-Co a a) E vL W a) +' s +� (/] a) a) s +' �O +J p i O a) a) vL O 4' a) > vL 3 f6 p 4, u 4, f0 S a) N a) p +, s > f0 a) 'p �O Q s a) 3 f6 as, °A �_ ° O co C s a) a>i a) s 0 O ° Z N Q a) s Q a) s 3 to s 3 °' s 3 dA CL o a) C .� .� _ �_ a) 4' 3 a) co ao v E C '`° �, +� 4� a) pA 3 4� p 3 'O U v� v� CO +� p v u M U p p a) dA C-0 O 1 +, —_ a� 7 p E s Q U a� s a� i v� u 3 i a) O ate, O 4' ° >, vL s +� a) -0 O Lf1 (U dA i v> > ++ C 'a a) Q co c6 °� Q Ln +, .� a) Q 4 s a) a) a) E m o a) an i > ° vi s s 4. 4� E c u f6 o a) u o 3 an � u a-o u aA c— E E °; co aci a co c a O °; ao s O a N o o n3 u a) a) a) ao s co N Q O ° s s s c cCo 3 u > o — s +� c = s O > an — CU �,, a co EA (1) s Oo E s ) p O °° j n L0 a v ° ° u o s E s Ln u 4-1N } °L O 0 EO C vO ai 7 -C U i '6 O (UO 4-1 4� 0 +, X O O M `nO `n O a) Q E p Q p ) LnO" OOp- _ Ea to a) Q c N a) E m aa)) ' ma) uO M > > co 4� �i H 4. 3 cn cn a� Q E a -0 -0co -0+L 4 a) s +� 4� a ) O a) -p C U p � 2 E co E a .� ° E Q s U +' * o> c O O Q c c > N o E O a) 4� c •E > s CL as o �� �� E cs osao c a) -a u U � > a) as b�0 v, c s c E 3 a c c 3 and f6 o a) -Ca) C" 4� C a) a) u U a) +' p E C u a) �, -a c •c +� � = co -a c a) Q a) c .E f6 •� X OU s > co +, a) u a) a) 4' O C E C i0 u O �% +� Z a) _ O j C: > ° O •u i asp 1 O C 4 C vL +, c0 p a) a o 4- vni s N 0 a0 4' f 6 O s °) �' +' E c c O s ao 3 a) Q" Cac) ma) m au `. • + s O a) i' -C u o r43� ccoe W +� v Oc >_� > 6 C pO � w Lu (1) -0 Lu Q 0 00 O 0 a) m N a) u m a) a) U O a C d ro Q U .E 7 C co C co d O O s 0 s s ao z 7 C: c a) a 76 4� C a) U a) s s n 0 o cco c C O O C (6 E C L a) .7 7 Q O > � u a) � m (n 0 Q u p a) OCL H a) a) 4' s ua s O N � o U !E s 4 O Q i 4s 3 4�� ° > ° a 4�s M 4�o s +n Q � �p - 0 u O cn c V) O p O � o p +� 3 s °-0 ° a — 4� E c f6 ° -a E. -a In oE 0U a0 ° 0- ° ° a ° -CE ,�N E f6 a) s co a) ao p a) s Q a) 4�> u 0 -0-O >- co 7 a) f6 dA a) U > > 4O 0 O Q Q O c c co •c +' E 7 O a) Q — a) c6 a u Q > C ON �N a) (0- C p 75 C O o E �> •° O o �a o ao u . u v +� s °c a) c ca o o Q p CL -p ca a) Q 7 a) f6 U U C Q cr- C VI w (6 O as-J as-J +� 4O C u _0 s +' O" .— n +� s > C E a� C C s 4 s x C 0 4, p +' a) E 7 N 'a +' E u � N a) E 4 O E i° C .E + E 'a .�_ vi u C O_ i co 4� a) '� E co: O 4- O O a o E s c a) c s 0 0 o a C s > CO co O Q � a) > C cCL +' ° � c) u > co Q O a E 0 UO 4 j i O� -p f 6 ° 'O +, E s +� v� LO c a) O v� C +' E a) u u_0 dW a) +�+ •� E a) +. +' '6 O U 2 7 C ° s O C f 6 O O X -p C E 'C a a O i Q � p O E i 'p E +� a E O n 4. 7 C O a) Q C a) 7 a) C O_ E 'a M> z :t t co c c CD s w o a) E 0 O 4, a) C 5 O p U to E s 'o Q a) i C +� m +, O 0 C N v� C C O ao .- Q- > ° U W C N Z; E c0 C °U C C a) c0 s > m 0 c s -p +) c C O� 0 E 0 m U O OcLlmn-0 Q M 0 0 a) CL E u � coo s N= s O a) s 4, s E to O v� a) 4, C� O i co + ao a) ao 4� p -p s v, °n 4' a) c C o o a sc � s s� a w p= u a Q a) oN o o c -0° 0 ° c c o za Q p Ln a) E su C a0—E s a) o ai p E a) 0 .c-0 o ' 7 a) } a) O= M M M C C u — >+ 0-0 a) +' O Q 2 4�co u) +, +� c -p s 3 O Q L) �D E s I-. 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R n 2&/ ) 9% k \ { \ § 9 E o > � g & f • e e p a)ƒ 2 c E / 2 -0 / § k % s ƒ \ o / 2 e g \ R } / 2 3 § ± 2$ } 2) f o\ E } t { CL / a)2 ) s / UO c f 7 / / / f ° •) 2 5 m u 2 2%/ n@ \ & B }.\ � / \ -/ •� e E m § m if g n E— 7= \ } \ ® CL '} \ 5 / _ / } 2 u # a § R / \ m m2 5 •- e m E § ± / / / ƒ \ / \ / / -C $ \ \ ( a_ a- G 5 J f \ f L e\ e E E 3 U 5 3-0 -0 m � (D -1--i C/)` r n1 v nL' W ^� r(D v (D 0 E 0 U E 0 0 ca ca Q a) cn cm cr L cn .cn m U Wi s. M O m O N O N O N M - W z _ r IF LLj Ell z o X g z W — a o T — <==�-�y�m=a�€� — mo er I LQI 1��2�1S 0012:JEI1`dM �w o Q= as / E o cn F Submission 2 - Floor Plans LEVEL 1 STEEPLEVI EW APARTMENTS CLIFF ST PRELIMINARY 1 "=16' ROBERT L. BOYCE, ARCHITECT MAR 31, 2021 322 31'S 1/4" 24'-0• 19'-5 1/4• TENANT LOUNGE 1280 sq ft 60 KBALL 600 f KofC OFFICE T L. Cp U JANITOR EXIT - D A OFFICE _ � O MAIL - 0 REMENCE 2 b w ® (UOBBY ;'PUBLIC" LOBBY staff ENTR o'-4" -', VESTIBULE' 5'- 35'-9 1/4"* \ asp (16) 32'-51/2° 948 sf windows 52.5sf 6'-63/4" 22'-101/4• three's (1�16) 1124 sf windows 56sf ®® 00, VJ ®j Nun PRE-s HooL o0 4T HEN J two's ftBr ------------ 602 sf U windows 35sf-' - fours(10) 593sf 1 /4° o twOS+1B� - 695 sf windows 35sf indows 35sf O d 29` 1 3/4" L) STAIR 0 $ 29'-10 1/2" DAYC RE 3f 9142 s infants (6) F windows21s( ) _ 1084 sf -- _ windows 63sf(3) - toddlers (18) infants (6) m zs-„/2 windows 21sf (1) 140 sf IVESTI6ULE OFFICE _ m LIBRARY - 70-6 1/4" D 'eARE 44-3 PLAY MAIN FLOOR (2nd) PRELIMINARY STEEPLEVI EW APARTMENTS 111=16' CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 323 731 SO IFT BED JNIT� C312 914 SO IFT ■ J, iiil (D III NEW 64 sq Ift 14 2 BED +DEN UIl-1-7 1090 sq ft I� LEI I �1 ® «�: ,J ■ ll' 1090 sq ft m 2 BED +DEN U�l 13 A� Lam :_� �_� � 111" III 3rd, 4th, 5th FLOORS PRELIMINARY FOURTEEN UNITS/FLOOR STE E P LEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 324 o I I I W i DEN � I ET O �❑ - I I I � i I I I I I I I ro � I� I I I I I 1 BED DEN UNIT I �860 SQ FT n' UNIT 7 LAYOUT ONE UNIT/FLOOR 1 BEDROOM ° ---9 ----- - --- lul=-- 0 0 1 BAD UNIT DT I I 640 Sq ft I O I O I M I� M Eii I � W � BEDROOM O o 11'-7" x9'-5" O II I W I � I = eaamlo,�m o � rrFF S UNIT 9 LAYOUT THREE UNITS/FLOOR STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT PRELIMINARY MAR 23, 2021 325 UNIT 5 LAYOUT ONE UNIT/FLOOR 0 si r 0 0 a N 13'-6 Z' 2 BED UNIT V C90 914SQFT BEDROOM m o BEDROOM DEN 0 14'-3y41 Z'-23/4 " IT UNIT 6 LAYOUT ONE UNIT/FLOOR PRELIMINARY STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 326 I 1 BED UNIT I 640 q t MOOS1438 I 00 ~ I = q o I i 36x80 ' ---- : _ :(D HTA8 �/-------- o 13'_7 Z„ I ' 1 DEN BEDROOM 2 6 00 ---- I � I U M D 00 I I —77 ° BEDROOM 1 3Sx86 11'-101 BATH 1 ---- , 4� ----- � I I UNIT LAYOUT PRELIMINARY STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 327 ' o o BATH 1 ' 08xSE 11'-10Y4' BEDROOM 1 N M O I I 0 00 --'BED +DEN UN T 1300� SQ FT m 20'-9y4, G DEN ° i 13'-7y2 " I 44'-3"i UNIT 11 LAYOUT ONE/FLOOR STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT BEDROOM 2 12'-7/4' PRELIMINARY MAR 23, 2021 328 0) � L- W ^� �W ry m m _ n O _W W CM O .C/) cn .E Cn CO zz 0 w �> Qw n J Q >W w0 >p W J J ry W W W � W >Q U m 9 d U 0 LCD 1 �L f/ 0 T -I V [F-]� E--ll c C CL cm a O �•N _� a n N Z o N c o OU V Fz J m of N o o C z L � s S � T 6BbSO CZ£ oN / "F/• IaD'O'l Is l906LZS5 Dld OZLb£SZ \ 0 6Z 8C\w/'l •> 70 U) 0 \ � OZLb£SZ Z III W �Y W =o di dio ads. - \ p&w ogo op�6_ Q®®®®®a®®eo0poQ �� III !2 LLj III I W ICI III ffipG3Y9�vo * I F III M� \I Ell 1�1 - W z Iw sE o U o — z a �O g ces T =N = s� ym=6 d g ss� em E 3�3 os=esosa s as �sos- I w o a W 1��2�1S 0012:JEI1`dM �w Q= o / III i 12 � U I i I a w w L � ; LO Ln I cn I m (7 m E E X W OU 4 I'' W - aoO U wd w � — 45 Z G W U _ E E L W 0 X W N _ QJ Z = a x a C � w3 X LL W LL — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — AW-j0-1HOIa 3OIM WZL �.. ..—..—..—..—.. =Wass 3 � m I Submission 6 - Developer Neighbourhood Notification Robert L. Boyce, Architect. HV GHEB Steepleview Developments Inc. Saint John, NB E2L 77 Germain Street Hughes Surveys & Consultants Inc. 16 Roatan Way Tel: (506) 634-8340 575 Crown Street Saint John, NB E2J 0138 Saint John, NB E2L 5E9 Tel: (506) 639-1206 Tel: (506) 634-1717 Description of Application Steepleview Developments Inc. Proposal Steepleview Developments Inc. is proposing the development of a mixed -use building on Cliff Street. This building is planned to have underground parking on Level 1. The access to the parking level is off Cliff Street and in between the former St. Vincent's High School and the proposed building (as shown on the reverse side's site plan and renderings). The uses on Level 2 will comprise of a two -license daycare, a common room and a building managers room. Level 3 through Level 6 will comprise of 56 apartment units. The apartments are planned to be a mix of 50% market units and 50% subsidized units. The proposed site is made up of portions of surrounding parcels of land. The newly proposed limits of the site would be created through the Subdivision process. These parcels are currently zoned either Urban Centre Residential (RC) or Major Community Facility (CFM). Through this proposal we are applying to have the entirety of the proposed site limits rezoned to Urban Centre Residential (RC). Many neighboring properties along Cliff Street and Waterloo Street share the classification of Urban Centre Residential (RC) zone. The proposed development would be classified as a medium to high density residential project. It surpasses the City's minimum target density and is slated to be mixed use as described previously. The building location is very convenient in terms of transportation options. It is extremely walkable, bicycle friendly and is in close proximity to public transit. As such, it is in line with the Municipal Plan of Saint John and in particular meets the intent of the Land Use Policy's 44 through 48 of Chapter 2. For additional information, or to submit any comments or concerns about the proposal for the consideration of the Planning Advisory Committee (PAC) or Common Council the following contact information is provided: Through Hughes Surveys & Consultants Inc. and passed on to the City of Saint John via Rick Turner at rick.turnera-hughessurveys.com or (506) 333-8700. or Through Steepleview Developments Inc. and passed on to the City of Saint John via Representative Kevin McDonald at kevinmcd99agmail.com or (506) 639-1206. or Directly to the City of Saint John via Growth & Community Development Services, City Hall, 15 Market Square, Saint John, N.B. E21L 1 E8 or onestop(cDsaintiohn.ca In any correspondence, please make reference to: "STEEPLEVIEW PROJECT, TO BE LOCATED AT 31 CLIFF STREET" Please provide comments prior to August 10, 2021 IcfC191 STEEPLEVIEW DEVELOPMENTS INC. Viewed from Cliff Street Direction L, . 1 Vision Statement Our mission is built on the principles of caring, striving to provide a home, and a safe, clean and inviting community to people of mixed economic backgrounds. Former St. Vincent's High School H --y I i 1 Viewed from Waterloo Street Direction CTU'CDT IITTTUTAT Cathedral I� STEEPLEVIEW MIXED -USE COMPLEX WITH UNDERGROUND PARKING Bishop's W Palace W 1 � U) J U) �0 i 0 LU '® Q Playground CLIFF STREET ME ail r J e or O 7r2812021 Scan _20210302 (4).png Sisters of Charity of the Immaculate Conception Mr. Kevin McDonald February 5, 2021 16 Roatan Way Saint John, NB E2K 1W9 Dear Kevin and Board members of Steepleview Developments, Inc. C'- The "age of miracles" is not over! The front page of the December 16,2020 edition of the Times Globe confirmed this. "Cliff Street is making a comeback ." (B1) Two projects were announced on that December day. The "resurrected" plan for St. Vincent's High School to be transformed into affordable housing, under the leadership of Housing Alternatives was received by the SJ community with joy! The "newbuild" further down Cliff Street, under the leadership of Steepleview Developments, Inc.,has the partnership of Bishop Christian Riesbeck, and the Roman Catholic diocese of Saint John who gifted the land, the #937 Knights of Columbus, Hamilton's Early Childhood Learning Centre and the provincial Department of Social Development. On behalf of the Sisters of Charity of the Immaculate Conception, we fully support Steepleview Developments Inc. in their outreach for other organizations, families or community members to assist in any way to carry forward the mission and vision of this residence. "Creating a community within a community, within an atmosphere of safety, of acceptance and inclusion." Conway Place, 124 Villa Madonna Road, Rothesay, N3 Mailing Address: PO Box 2266, Saint John, N8, Canada E2L 3V1 Telephone: 506-347-2065 Fax; 506-848-1022 Entail: cpscicCnb.sympatico.ca 338 https:llmaiI.google.com/mail/u10!?ogbI#iabel/Steepleview+Developments+InG./p3?projector=1 1!1 7/28/2021 Scan_20210302(5).png The intention of Steepleview Developments, Inc. lines up perfectly with the recent provincial paper, "A new approach to housing in New Brunswick," which states that Housing is "the corcnerstone to an improved quality of life, where New Brunswickers can grow and thrive." As 5teeplview Apartments become a reality, Waterloo Village will grow and thrive. The Sisters of Charity whose Motherhouse occupied part of this land will be supporting in prayer and some participation financially as "a home for many" becomes a reality. Sincerely, iincerelly, (Vf 4 Mary Beth McCurdy, SCIC Congregational Leader 339 nttps:/1mail.google.com/maillu/0/?ogbl#Iabel/Steepleview+Developments+Inc.lp3?pro}ector=l 111 Knights of Columbus - Council 937 Bishop McMahon Council. Established: 1904 c/o 83 Sewell Street, Saint John, NB E21- 3A3 (506) 642-5815 cormier53@gmail.com January 12, 2021 Steepleview Developments Inc. c/o 16 Roatan Way Saint John, NB E2J 0138 Dear Members of the Board of Directors, It may "go without saying" that our Knights of Columbus Council 937 offers its full support to this wonderful low cost housing project However; as Grand Knight of this historic Council I feel that it may be beneficial to recognize that Council 937 has had a wonderful legacy and record; going back, in fact, to 1904 in support of the Diocese and worthy projects of this kind. Past Grand Knights and Councils have been instrumental in providing "time and treasure" on behalf of our Patron, Michael J. McGivney, and all citizenry in this and many other locations around the Diocese and beyond. In summation, we concur with Bishop Christian Riesbeck that this project should be supported fully and we offer our continued prayer for it's ultimate success] Warm regards, Original Copy signed by Donald G. LeBlanc Grand Knight - Council 937 10011R immaeulatiz Cone ption parish Cathizdral of thiz Immaculato Coneoption 91 Waterloo Street Saint,johri, NB E2L 3P9 ,f'el: (506) 653-6820 Fax: (506) 653--6827 Ezriail: cic@nb.aib1i.co January 18, 2021 Steepleview Developments Inc. 1 Bayard Drive Saint John, NB E2L 3L5 Dear Members of the Board of Directors: It is with joyful anticipation and pleasure on behalf of Immaculate Conception Parish, located on Waterloo Street in Saint John that we give our unwavering support to Steepleview Developments for the construction of your mixed housing project. The development of affordable housing in this area of Saint John in general and the vicinity of the former Motherhouse of the Sisters of Charity and the CYO sites, in particular, will fulfill many needs and be instrumental in rebuilding our part of the City, known as Waterloo Village. The development will repurpose the present vacant sites and provide new homes that some people cannot presently afford, as well as new homes to other Saint John residents at market rent. As people of faith, we strive to provide support to those who are in need and feel that this project not only will fill a void in our community but also provide hope and happiness to the people who will reside there. With every best wish of success, We remain, Very sincerely, Very Rev. Douglas R. McNeill, Rector James A. Whelly, Finance Chair 7/2812021 Scan_20210302(3).png ffinswic C A N A D A February 5, 2021 Mr. J. Kevin McDonald, President Steepleview Developments Inc. 16 Roatan Way Saint John, New Brunswick E2J 0138 Mr. McDonald: Thank you for your letter dated January 12, 2021 outlining your mixed housing project. I'm encouraged to see the partnership that has been developed to address this issue in your community. I've asked Francine Scott who is one of our regional Project Executive to contact you to discuss this project. Again, I thank you for your demonstrated commitment and for your interest in your community. Sincerely, Hon. Gary Grossman Minister responsible for the Regional Development Corporation cc: Francine Scott Regional Development Corpotatlon[SocldW de d6veloppement r4gional P.O. Box1C.P. 6000 Fredericton New BrunswlcklNouveau-Brunswick M 5H1 Canada R www.gnb.ca 342 https://mail.google.com/mail/ulO/?ogbl#label/Steepleview+Developments+Inc.lp3?projector=1 111 irM7NIPAi Gmail - Steepleview Developments Gmail Steepleview Developments Daniel Ellingsen <mybdeyes@gmail.com> To: kevin mcdonald <kevinmcd99@gmail.com> To Our Dear City of Saint John, Councillors and Mayor, kevin mcdonald <kevinmcd99@gmail.com> Thu, Jul 29, 2021 at 1:38 PM My partner Matthew Frigault and I are writing to express our full support for the plan that was broadly outlined in the Steepleview brochure that we received last week. We have been hearing rumours about the Steepleview development on Cliff Street which would bring us more neighbours, childcare and better fulfill the potential of Waterloo Village being called home by an increasingly diverse community. Now, getting to the zoning stage we are feeling our enthusiasm grow further. Cliff street has a long and venerable history as the centre of the Saint John Catholic community during the last century. It also has some of the oldest homes in the City, thanks to the Great Fire having missed our neighbourhood in 1877. We are proud to be part of the revitalization of Cliff Street from a private residential perspective and welcome this new development as further proof of Waterloo Village and Saint John being among the best places in Canada to call home. Please consider our household to be fully in support of this development and the future redevelopment of Saint Vincent School. Yours Truly and with Best Regards, Daniel Ellingsen and Matthew Frigault [Quoted text hidden] 343 https:/Imail.google.com/mail/ul0?ik=43bl df6878&view=pt&search=all&permmsgid=msg-f%3A1706637888621121482&simpl=msg-f%3A17066378886... 111 712812021 Scan_20210302(2).png DIOCESE OF SAINTJOHN One Bayard Drive Sain[_Iohn, B E21.31.5 Canada Tel 006) 6,33-4i802 • Fax {500 653-6859 January 8, 2021 Steepleview Developments Inc. 1 Bayard Drive Saint John NB E2L 31_5 Dear Members of the Board of Directors, It is my great pleasure on behalf of the Diocese of Saint John to give our full support to the mixed housing project that Steepleview Developments is undertaking. Affordable housing in the Saint John area is a definite need. The development you propose will certainly contribute to the revitalization of this historic area of the city close to the Cathedral of the Immaculate Conception. In his recent encyclical Frate!!i Tutti, Pope Francis tells us that, "love of neighbour is concrete and squanders none of the resources needed to bring about historical change that can benefit the poor and disadvantaged." It is for this reason that projects such as these are of vital importance to the Diocese, which has a long history of supporting affordable housing. Your initiative, upon completion will bring about the betterment of the community, and go a long way toward minimizing the economic disparities that exist for housing in our city. This is indeed a worthy endeavour, and we continue to watch with great anticipation as this project unfolds. Please be assured of our continued co-operation and ongoing prayers for your noble efforts. May God pour out his abundant blessings on all involved. Sincerely yours in Christ, Most Rev. Christian Riesbeck, CC Bishop of Saint John Encl. 344 https:llmaid.google,com/maif/u/O/?ogbl#label/Steepleview+Developments+lnc.lp3?projector=1 111 139 Prince Edward St. THE SOCIAL ENTERPRISE Saint John. NB E21- 3S3 t SAINT JOHN Tel 506 652 5600 - Fax 506 652 5603 COMMUNITY LOAN FUND E-rniilseth@loanfund.ca HUB Website www.loanfund.ca BOARD OF: DIRECTORS Chair, Terry Conrod Conrad Strategic Business Consulting August 9, 2021 Secretary, Tim McLaughlin McInnis Cooper p Property Re: Development of Pro ert at corner of Cliff and Waterloo Streets Tanya Chapman To whom It concerns: Chapman and Associates Stacy Darku Please accept this as a formal letter of support for the proposed project at the Teen Resource Centro corner of Cliff and Waterloo Streets led by Steepleview Properties Inc.. Shannon Penny Canadian Red Cross We understand this will be a 56 unit building with 28 affordable and 28 market Ries Van Beek unit apartments. Having increased intensity of good quality housing with 509/. IDEA Centre being affordable will be important for the neighbouhood. We also understand there will be a relocation of an experienced childcare provider in the building, IMPACT PAocialIl which will be another important asset for revitalizing the area. Economic andd Social Inclusion Carp Catherine Donnelly Foundation Connection Works The Saint John Community Loan Fund supports individual and community asset Gerry Fond building, and as a future neighbor to this project, we welcome the initiative and Greater SJ Community Foundation look forward to the addition of both the housing and the daycare in the IDEA Centre McConnell Foundation Waterloo village. Pond Doshpande Centre Sisters of Charity If you require any further information, please contact me by phone at 506-651- Social Development NB 6839. United Way Saint John HuB TENANT COLLABORATION Sincerely ACAP SJ Living SJ Luna Belly Dancing Nails by Christina NB Social Pediatrics Seth Asimakos READ SJ Co -Founder and General Manager SJ Community Loan Fund SJ Human Development Council Saint John Community Loan Fund Around the Block SJ Learning Exchange Creative Squirrel Stone Soup Voila Investing in People Investing in Community 345 The Saint John Non Profit Housing Inc. March 19, 2021 To whom it may concern, am writing this letter in support of the Steepleview Project Committee's proposed mixed income housing project located at the corner of Cliff and Waterloo Streets in Saint John, New Brunswick. This 55 unit project will provide much needed market and affordable housing in the Waterloo Village neighbourhood, a walkable community in close access to public transit, supportive services, and other important amenities. WcEZrely, Narinder P. Singh, CPA, CMA General Manager Saint John Non Profit Housing Inc. From: Planning Admin To: Reade. Mark Subject: FW: Zoning Bylaw Amendment for 31 Cliff Street Date: September 15, 2021 3:28:35 PM Letter of support From: OneStop <onestop@saintjohn.ca> Sent: September 15, 2021 3:24 PM To: Planning Admin <planningadmin@saintjohn.ca>; Burgess, Aimee <Aimee.Burgess@saintjohn.ca> Cc: OneStop <onestop@saintjohn.ca> Subject: FW: Zoning Bylaw Amendment for 31 Cliff Street Paula Hawkins One Stop Development Shop Customer Service Centre Ground Floor— City Hall (506) 658-2911 paula.hawkinsUsaintjohn.ca From: Daniel Ellingsen <mybdeyesna gmail.com> Sent: September 15, 2021 3:19 PM To: OneStop <onestopna saintiohn.ca> Subject: Zoning Bylaw Amendment for 31 Cliff Street [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to snamsample�.sain john.ca or contact IT Service Desk at 649-6047. * * Dear Planning Advisory Committee, My partner Matthew Frigault and I are writing to you in support of the proposed bylaw amendment application for 31 Cliff Street. We own and live in the circa 1850 house at 16 Cliff Street which is across the street and uphill from the proposed Steepleview Housing Project. We are aware of the great need for additional and reasonably priced housing in Saint John. Our neighbourhood seems poised with potential for such development, and this rezoning application would go a long way toward laying the groundwork for such. Yours Truly, Daniel Ellingsen and Matthew Frigault Daniel Ellingsen 250 589 0935 16 Cliff Street Saint John, NB E2L 3A7 Ec1E:3 HUMAN DEVELOPMENT COUNCIL September 22, 2021 To Whom it May Concern, Re. Letter of Support This letter is written in support of the mixed income housing development proposed by Steepleview Developments Inc. ("Steepleview"). The intention of the developer is to construct an apartment complex on the sites of the former St. Vincent's Convent and CYO in the Waterloo Village, one of Saint John's priority neighbourhoods. There is a dire need for affordable housing in the community. While vacancy rates are declining, the amounts charged for rents are increasing. At the same time, over 1,000 applications for affordable housing have been filed with the local office of the Department of Social Development. Steepleview proposes to create 56 units, with half of them available for low- income tenants. The development will provide a welcome addition of affordable units to the local housing continuum. We hope you will look favourably on their proposal. Yours truly, Rand tfiel Executive Director 3rd Floor —Social Enterprise HUB, 139 Prince Edward St., Saint John, NB E2L 3s3 Main Line: 506-6�W73 • www.sjhdc.ca Bevel 011file hop ps-,,- '' II 1. 1 i s „ I i , 1 1 1 Sri'N one stoP@saintjohn.ca Phone:658-2911 Fax:632-6199 General ApplicelMen Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS: 31 Cliff Street T PID#: 55221071 and Portions of PID 1 55226724 & 00014621 Lj HERITAGE AREA: Y { N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N LL APPLICATION #: DATE RECEIVED; ' RECEIVED BY: APPLI NT F5ughes Surveys & Consultants Inc. EMAIL PHONE Z on behalf of Stee lev`sew Developments Inc.. rick.turner@hughessurveys.com (506)634-1717 C? MAILING ADDRESS POSTAL CODE 575 Crown Street, Saint John, NB E21L 5E9 CONTRACTOR /DEVELOPER EMAIL PHONE z Steepleview Developments Inc.. MAIL] NG ADDRESS POSTAL CODE c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21-5E9 V J OWNER EMAIL PHONE Roman Catholic Bishop of Saint John a MAI U Nu ADDRESS POSTAL CODE c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21- 5E9 PRESENT UVacant land portion subject to a right of WR OSED USE: Development of a mixed use facility BUILDING PLANNING INFRASTRUCTURE HERITAGE Ej INTERIOR RENOVATION NEW CONSTRUCTION ®VARIANCE E) STREET EXCAVATION f.__ HERITAGE DEVELOPMENT Q EXTERIOR RENOVATION ACCESSORY BLDG a PLANNING LETTER QDRIVEWAY CULVERT 0 HERITAGE SIGN k=— �ADDITION ❑POOL QPAC APPLICATION aDRAINAG E [j HERITAGE INEILL DECK ❑ DEMOLITION [COUNCIL APP WATER & SEWERAGE HERITAGE DEMO x U w © CHANGE OF USE SIGN OSUBDIVISION OTHER 0 OTHER U ❑ MINIMUM STANDARDS Q OTHER OTHER Details of the proposal for a mixed use development in the Waterloo Village neighborhood is attached 71 o to the Council Application included in this submission. a o U Ln w ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City snitiatives and incentives. General Collection Starement This i founrition i.v hem c,;RtOecd in order firs the C1iv of &unr John to deliver an eciving program I e the collection is finriie^d tel that which is necessarT to deliver the progrrtm / service. L irks% reyrrire:f w do se, by law, the City of Serirrt .Jolrn s,V1 not shrine your personal irndi�nnalion with an,v third parts without vow- e_ipre_es consent_ The legal authority for collecting this infornrcitimr is to he found in the Municipalities Act and the Ris ht to hrfn-InatineI and Protection of Privacy Act_ For further Infomation or queslrans regarding the collection ofpersoncil wforatatloa, please contact the Access & Privacy Q/jicer: cav Nall Bnildin. Sth Flow- 15.41cuket Square Saint John, :YB F.2L d F.8 ccnrunwnrlerk�i(;.citin(/nhrr. ra b66) 658-2862 Ra cry al wn khn I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approvaf(s). f agree to comply with the plans, specifications and further agree to comply with all relevant Cil y By laws and conditions imposed. Hughes Surveys & Consultants Inc. on Steepleview Developme its In behalf of Steepleview Developments Inc - - Kevin McDonald Icnara urner App n a e Owners Authorization Appkant Signature Owners Signature June 23, 2021 June 23, 2021 Date Date 3 eeiilo'p CouncilApplicalic n ent Shop GROWTH & COMMUMTY DEVELOPMENT SERVICES „E CITY OF SAINT JOHN CIVIC ADDRESS 31 Cliff Street, Saint John, E2L 3A3 I APPLICATION # I FEE PAID I Y N TYPE OF APPLICATION ❑ Land for Public Purposes Release Service Fee: $300 ❑ Section 39 Amendment Service Fee: $2,500 ❑ Non -Conforming Use Service Fee: $200 X Zoning By-law Amendment Service Fee. $2,500 ❑ Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. See attached page for Description of Application for the Steepleview Developments Inc. proposed mixed use development,on Cliff and Waterloo Streets. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The proposed lot will be encumbered by a right of way reserved by the Roman Catholic Bishop of Saint John that presently serves as access to various properties. A portion of the property is subiect to a heritaae designation. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Su�,��ys & Consult nts Inc. on behalf of Steep leyiewZey,9fioprinc - RichardTurner See owner's authorization included with application Registered Owner or Aufiiorized Agent Additional Registered Owner Date June 23, 2021 Date council Application Form 20101 /2017 351 6'iilVariance Application op> , ent Shop GROWTH & COMMUNITY DEVELOPMENT SERVICES K k CITY OF SAINT JOHN CIVIC ADDRESS 31 Cliff Street 1 APPLICATION # l FEE PAID I Y N TYPE OF APPLICATION 1771 Tier 1 Variance x Tier 2 Variance ❑ PAC Variance Variances not greater than 25% of a Variances greater than 25`Yo of a Variances considered by the Planning numeric standard numeric standard Advisory Committee Service Fee: $50 plus $10 per Service Fee: $100 plus $20 per Service Fee: $300 plus $60 per additions! variance additional variance additional variance DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. This application is associated with a rezoning proposal consisting of PID 55221071 and Portions of PID 55226724 & 00014521 to form a new lot for development of a mixed use facility. Details about the proposal are outlined in the attached page to the Council Rezoning Application and in the submitted material with this application. Variances identified during review process: 1) Variance to allow a 2 metre side yard setback adjacent to Bishops Palace. 2) Variance for a reduction in required parking. 3) Subject to consultation with city staff a building height variance may be required. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The proposed lot will be encumbered by a right of way reserved by the Roman Catholic Bishop of Saint John that presentIV serves as access to various properties. A portion of the property is subject to a heritage designation. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. on behalf of Steeplevie ev - pmuls Inc. Richard Turner See owner's authorization included with this application Registered Owner or Authorized Agent Additional Registered Owner Date: June 23, 2021 Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Variance Application Form 20101l2017 M eeao'pr entshop I1I_\''`:SBi. IL I�t `.�i I,�t R.t IRt "'r I'R! SSINIFOFLY CIVIC ADDRESS I 31 Cliff Street TYPE OF APPLICATION Instrument Documents requiring Development Officer endorsement for registration Service Fee: $50 Subdivision Application GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN APPLICATION # I I FEE PAID Y l N X Tier 1 Subdivision Lot boundary adjustments, consodidations, and new lots along an existing street Service Fee: $250 plus $50 per new Tier 2 Subdivision Subdivisions involving the construction of a street Service Fee: $500 plus $100 per new building lot DETAILED DESCRIPTION OF APPLICATION Attach the instrument or tentative subdivision plan, whichever is applicable, and any additional documentation to fully describe the application. Tentative subdivision plans must adhere to the requirements of Section 49 of the Community Planning Act of New Brunswick. In the case of a Tier 2 Subdivision, the submission of a preliminary proposal and a Pre -Application Meeting with City staff is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-291 1 for further information. This application is associated with a rezoning proposal consisting of PID 55221071 and Portions of PID 55226724 & 00014621 to form a new lot for development of a mixed use facility. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The proposed lot will be encumbered by a right of way reserved by the Roman Catholic Bishop of Saint John that presently serves as access to various properties. A portion of the property is subject to a heritage designation. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc, on behalf of Steepleview Developments Inc. Rich Turner Registere caner or Aut prized Agent Additional Registered Owner June 22, 2021 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Subdivision Appiication Form 7 M Lllill. L'.7 L' Ur .7H11V 1 durill Charles Somers, CPA, CA Manager — Finance and Administration 1 Bayard Drive Saint John, NB E21L 31-5 Tel (506) 653-6814 • Fax (506) 649-8546 E-mail: csomers@dioceseofsaintjohn.org December 14, 2020 Hughes Surveys & Consultants Inc. Attention: Mr. Rick Turner 575 Crown Street Saint John, N.B. E2L 5E9 Dear Mr. Turner: Subject: Cliff Street Real Estate Development Please take this letter as confirmation that as owners of the Cliff Street properties we give Hughes Surveys & Consultants Inc. full authority for the application of all municipal approvals related to the development of the vacant lands, being two parcels known as the former Convent property and the former CYO property. We are excited about the possibility of having this property developed and also accomplishing a goal of providing housing for those in need so it goes without saying if there is anything else we can provide as part of the application please do not hesitate to contact us. Yours truly, Roman Catholic Bishop of Saint John sj -77 Financial Administration — Manager Charles Somers, CPA, CA RRE1 Description of Application Steepleview Developments Inc. Mixed Use Development Proposal The Project Steepleview Developments Inc. is proposing the development of a mixed -use building on Cliff Street. This building is planned to have underground parking on Level 1. The access to the parking level is by a common right of way off Cliff Street which forms part of the subject property. The right of way is located between the former St. Vincent's High School and the proposed mixed -use building and services a number of properties in the area. The uses on Level 2 will comprise of a two -license daycare, a common room and a building managers room. Level 3 through Level 6 will comprise of 56 apartment units. The apartments are planned to be a mix of 50% market units and 50% subsidized units. With respect to drop off and pickup facilities we propose a short time parking limit be placed along the front of the building (10 to 15 minute maximum). The short term parking limit could be metered or unmetered. The proposed site is made up of PID # 55221071 and portions of PID 55226724 and 00014621. The newly proposed limits of the site would be created through the Subdivision process. These parcels are currently zoned either Urban Centre Residential (RC) or Major Community Facility (CFM). Through this proposal we are applying to have the entirety of the proposed site limits rezoned to Urban Centre Residential (RC). Many neighboring properties along Cliff Street and Waterloo Street share the classification of Urban Centre Residential (RC) zone. Municipal Plan The proposed development would be classified as a medium to high density residential project. It surpasses the City's minimum target density and is slated to be mixed use as described previously. The building location is very convenient in terms of transportation options. It is extremely walkable, bicycle friendly and is in close proximity to public transit. As such, it is in line with the Municipal Plan of Saint John and in particular meets the intent of the Land Use Policy's 44 through 48 of Chapter 2 with regard to density, uses, building programing and proximity to a collector street and transit. South Central Peninsula Secondary Plan The South Central Peninsula Secondary Plan promotes the redevelopment of underutilized land positioned for increased density development In the South -Central Peninsula therefore supports the redevelopment of the proposed project. As it relates to the Waterloo Village neighbourhood the project consists of: • The addition of 56 mixed income apartment units above the active ground floor uses complimented by a number of in -building parking spaces for residents. • A proposed daycare with playground and community room on the ground floor. The mixed income apartments will help ensure the neighbourhood has a mixture of units to accommodate residents of a diverse income background. Regarding the active ground floor uses, the Waterloo Village area within the South -Central Peninsula functions as a complete community. The proposed community room and daycare with playground at the ground floor level will be welcome additions to the area further reinforcing the complete community character of the neighbourhood. RN191 The building design responds to the textual massing of adjacent structures along the Cliff Street block face. It will incorporate colours that will be in keeping with the context of its institutional neighbours in the adjacent Cliff and Waterloo Street block faces. The positioning of the building compliments the setback pattern of the other structures along this block face of Cliff Street. A larger setback has been reserved to keep sight lines open for viewing the Bishops Palace and Cathedral of the Immaculate Conception which is designated as a Provincial Heritage Place under the Heritage Conservation Act. A few specifics about the structure are: • The approximate length of the building along Cliff Street is 58 metres. • Bicycle parking will be within the parking level of the building. • The parking garage door will meet the Urban Design criteria. • The building fagade will have over 15% covered by windows. • The type of cladding on the structure is still under consideration by the proponent. We understand the address of the Convent previously located on a portion of this site was known as Civic # 31 Cliff Street. To retain an aspect of the Convents site history we request that 31 Cliff Street be reserved as the civic address for this project. Respectfully submitted, Hughe rveys & onsultants Inc. Richard Turner - W z _ r iF LLj Ell z o X g z W — a o T — <==�-�y�m=a�€� — mo er I LQI 1��2�1S 0012:JEI1`dM �w o Q= a F LEVEL 1 STEEPLEVI EW APARTMENTS CLIFF ST PRELIMINARY 1 "=16' ROBERT L. BOYCE, ARCHITECT MAR 31, 2021 358 31'S 1/4" 24'-0• 19'-5 1/4• TENANT LOUNGE 1280 sq ft 60 KBALL 600 f KofC OFFICE T L. Cp U JANITOR EXIT - D A OFFICE _ � O MAIL - 0 REMENCE 2 b w ® (UOBBY ;'PUBLIC" LOBBY staff ENTR o'-4" -', VESTIBULE' 5'- 35'-9 1/4"* \ asp (16) 32'-51/2° 948 sf windows 52.5sf 6'-63/4" 22'-101/4• three's (1�16) 1124 sf windows 56sf ®® 00, VJ ®j Nun PRE-s HooL o0 4T HEN J two's ftBr ------------ 602 sf U windows 35sf-' - fours(10) 593sf 1 /4° o twOS+1B� - 695 sf windows 35sf indows 35sf O d 29` 1 3/4" L) STAIR 0 $ 29'-10 1/2" DAYC RE 3f 9142 s infants (6) F windows21s( ) _ 1084 sf -- _ windows 63sf(3) - toddlers (18) infants (6) m zs-„/2 windows 21sf (1) 140 sf IVESTI6ULE OFFICE _ m LIBRARY - 70-6 1/4" D 'eARE 44-3 PLAY MAIN FLOOR (2nd) PRELIMINARY STEEPLEVI EW APARTMENTS 111=16' CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 359 731 SO IFT BED JNIT� C312 914 SO IFT ■ J, iiil (D III NEW 64 sq Ift 14 2 BED +DEN UIl-1-7 1090 sq ft I� LEI I �1 ® «�: ,J ■ ll' 1090 sq ft m 2 BED +DEN U�l 13 A� Lam :_� �_� � 111" III 3rd, 4th, 5th FLOORS PRELIMINARY FOURTEEN UNITS/FLOOR STE E P LEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 360 o I I I W i DEN � I ET O �❑ - I I I � i I I I I I I I ro � I� I I I I I 1 BED DEN UNIT I �860 SQ FT n' UNIT 7 LAYOUT ONE UNIT/FLOOR 1 BEDROOM ° ---9 ----- - --- lul=-- 0 0 1 BAD UNIT DT I I 640 Sq ft I O I O I M I� M Eii I � W � BEDROOM O o 11'-7" x9'-5" O II I W I � I = eaamlo,�m o � rrFF S UNIT 9 LAYOUT THREE UNITS/FLOOR STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT PRELIMINARY MAR 23, 2021 361 UNIT 5 LAYOUT ONE UNIT/FLOOR 0 si r 0 0 a N 13'-6 Z' 2 BED UNIT V C90 914SQFT BEDROOM m o BEDROOM DEN 0 14'-3y41 Z'-23/4 " IT UNIT 6 LAYOUT ONE UNIT/FLOOR PRELIMINARY STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 362 I 1 BED UNIT I 640 q t MOOS1438 I 00 ~ I = q o I i 36x80 ' ---- : _ :(D HTA8 �/-------- o 13'_7 Z„ I ' 1 DEN BEDROOM 2 6 00 ---- I � I U M D 00 I I —77 ° BEDROOM 1 3Sx86 11'-101 BATH 1 ---- , 4� ----- � I I UNIT LAYOUT PRELIMINARY STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 363 ' o o BATH 1 ' 08xSE 11'-10Y4' BEDROOM 1 N M O I I 0 00 --'BED +DEN UN T 1300� SQ FT m 20'-9y4, G DEN ° i 13'-7y2 " I 44'-3"i UNIT 11 LAYOUT ONE/FLOOR STEEPLEVI EW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT BEDROOM 2 12'-7/4' PRELIMINARY MAR 23, 2021 364 U 0 LCD 1 �L 0 T -� [F-]� E--ll CO ~ Z z0 W �> Q W n J >Q W CO W0 >0 W J J ry W W W � W >Q U m 9 d srber1� sscnava Steepleview Developments Inc. 16 Roatan Way Saint John, NB E2J 0138 Tel: (506) 639-1206 Robert L. Boyce, Architect. 77 Germain Street Saint John, NB E21, 2E8 Tel: (506) 634-8340 Description of Application Steepleview Developments Inc. Proposal HUGHEB Hughes Surveys & Consultants Inc. 575 Crown Street Saint John, NB E21, 5E9 Tel: (506) 634-1717 Steepleview Developments Inc. is proposing the development of a mixed -use building on Cliff Street. This building is planned to have underground parking on Level 1. The access to the parking level is off Cliff Street and in between the former St. Vincent's High School and the proposed building (as shown on the reverse side's site plan and renderings). The uses on Level 2 will comprise of a two -license daycare, a common room and a building managers room. Level 3 through Level 6 will comprise of 56 apartment units. The apartments are planned to be a mix of 50% market units and 50% subsidized units. The proposed site is made up of portions of surrounding parcels of land. The newly proposed limits of the site would be created through the Subdivision process. These parcels are currently zoned either Urban Centre Residential (RC) or Major Community Facility (CFM). Through this proposal we are applying to have the entirety of the proposed site limits rezoned to Urban Centre Residential (RC). Many neighboring properties along Cliff Street and Waterloo Street share the classification of Urban Centre Residential (RC) zone. The proposed development would be classified as a medium to high density residential project. It surpasses the City's minimum target density and is slated to be mixed use as described previously. The building location is very convenient in terms of transportation options. It is extremely walkable, bicycle friendly and is in close proximity to public transit. As such, it is in line with the Municipal Plan of Saint John and in particular meets the intent of the Land Use Policy's 44 through 48 of Chapter 2. For additional information, or to submit any comments or concerns about the proposal for the consideration of the Planning Advisory Committee (PAC) or Common Council the following contact information is provided: Through Hughes Surveys & Consultants Inc. and passed on to the City of Saint John via Rick Turner at rick.turnera-hughessurveys.com or (506) 333-8700. or Through Steepleview Developments Inc. and passed on to the City of Saint John via Representative Kevin McDonald at kevinmcd99agmail.com or (506) 639-1206. or Directly to the City of Saint John via Growth & Community Development Services, City Hall, 15 Market Square, Saint John, N.B. E21L 1 E8 or onestop(cDsaintiohn.ca In any correspondence, please make reference to: "STEEPLEVIEW PROJECT, TO BE LOCATED AT 31 CLIFF STREET" Please provide comments prior to August 10, 2021 K%�'7 STEEPLEVIEW DEVELOPMENTS INC. Viewed from Cliff Street Direction L, . 1 Vision Statement Our mission is built on the principles of caring, striving to provide a home, and a safe, clean and inviting community to people of mixed economic backgrounds. Former St. Vincent's High School H --y I i 1 Viewed from Waterloo Street Direction CTU'CDT IITTTUTAT Cathedral I� STEEPLEVIEW MIXED -USE COMPLEX WITH UNDERGROUND PARKING Bishop's W Palace W 1 � U) J U) �0 i 0 LU '® Q Playground CLIFF STREET c C CL cm a O �•N _� a n N Z N o c o OU V Fz of C z L � s S � T 6BbSO CZ£ oN / "F/• IaD'O'l Is l906LZS5 Dld OZLG£SZ � \ V \ \ I I \ M w / \ \ \ \ / / z W o III � =x W � aQ Proposed Zoning By -Law Amendement RE:31 Cliff Street Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Municipal Plan and Zoning By-law at its regular meeting to be held in the Council Chambers on Monday, October 4, 2021, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 0.48 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC), as illustrated below. Na 27 14 3O 34 42 REASON FOR CHANGE: To develop a mixed -use residential and commercial building. 12 9 3r 162 11 133 127 154 148 r146 r 144 144 138 136 132 For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(o-)-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerk(o)-saintiohn.ca 4 31 29 ti 18" f22 16' 10 19YA If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de Modification de I'arrete de zonage, Objet : 31, rue Cliff Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 octobre 2021 a 18 h 30, en apportant les modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 0,48 hectares, situe au 31, rue Cliffe, egalement identifie de NID 55221071 et une partie de NID 00014621 de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre- ville (RC) comme le montre la carte ci-dessous; INSERT PHOTO (this is just a note to make sure the photo goes here on the website, no need to actually insert it) RAISON DE LA MODIFICATION: Pour developper un immeuble residentiel et commercial a usage mixte. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 WX BY-LAW NUMBER C.P. 1114 ARRETE NO C.P. 111-X ARRETE A LAW TO AMEND THE ZONING BY- MODIFIANT L'ARRETE DE ZONAGE LAW DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN ARRETE No C.P. 1114 Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.39 hectares, located at 31 Cliff Street, also identified as PID Number 55221071 and a portion of PID 00014621, from Major Community Facility (CFM) to Urban Centre Residential (RC). Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : 1. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0,39 hectares, situe au 31, rue Cliffe, egalement identifie de NID 55221071 et une partie de NID 00014621 de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre-ville (RC). all as shown on the plan attached hereto - toutes les modifications sont and forming part of this by-law. indiquees sur le plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common EN FOI DE QUOI, The City of Saint John a Seal of the said City to be affixed to this by-law fait apposer son sceau communal sur le the X day of September, A.D. 2021 and signed present arrete le X septembre 2021, avec les by: signatures suivantes : Mayor/Maire Common Clerk/Greffier communal WZ111 First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X WAR Staff Recommendation for Council Resolution Property: 15 Broadway Avenue Public Hearing: October 4, 2021 Recommended First & Second Reading: October 4, 2021 Item Required: Recommendation (Y/N) Municipal Plan Yes That Common Council redesignate on Schedule A of the Amendment Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. Zoning By -Law Yes That Common Council rezone a parcel of land having an Amendment approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). Other No N/A Anticipated Third Reading: October 18, 2021 Item: Required: (Y/N) Recommendation Municipal Plan Yes That Common Council redesignate on Schedule A of the Amendment Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. WV That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. Zoning By -Law Yes That Common Council rezone a parcel of land having an Amendment approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). Recission of No N/A Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814: a. That the following land uses be prohibited: i. Bar, Lounge, or Nightclub ii. Small Recreational Vehicle Sales and Service iii. Large Recreational Vehicle Sales and Service iv. Redemption Centre v. Model Home Sales Centre vi. Service Station vii. Vehicle Repair Garage viii. Vehicle Sales and Leasing b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features, and that such site plan incorporate the following: i. That there be no outdoor storage in the front yard; WAFA ii. That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and iii. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. c. That the above site plan in paragraph (b) be attached to the permit application for the change of use of the parcel of land. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A WI&I 1, I's js 0 O cn L a) a) i 1 �. \ bob- 10 - . J L 0 E i m LO T 4, 0 orf 70 W Q 70 m co W LO r 76 fu 72 U LT E C7 C _ i6 75 C +� c� O Q E o O u O O 0 m 2 C V z � 0 N V V z LL V FJ n c a W O O L a ' .0 O E 0- r 0 cn L � O L O 2-0 O O c0 O -*--a (n L O O O Q E U O E O cL � O Cn L v O O =3 cn J a. Q I` W Q. .0 U O . — a) Cl) v 0 �C/) c �C � L) ca Cl) Q- C- a)• — . ..— .C: CIL C/) +�-+ Q � O -o a) 2) 0 C: Ca) a C6 � � 4— a)Oj-,:o N c: E O O o CU >> U U U cn CU CU L) C: m LO c E -0 a) L- o -4--j C: O =3 C:C/) o U L- QL O O U O U U C6 U U a)A.-O a) (/) � •� •� O C: L. -1---j a- > C6 E a) cn o O -t� E CU O 0E> o �> C= >o 0 o ca v o CU o 0-0- O O n CU > CL C/) ca -6 � O O � 0 CIL CIL I O CM O L- C- N N 4--+ p O O 4-0 p a O � N � U o CL ca U +0 O � O L - N C- a) I C6 QL N O N O C- cy) O L Cl) 4-_+ O C/) o L a)L- C6 _0 0) •V 0 o QLo 0� �� � Q- CU c O � N oN O � E Z LL U) QL U I PLANNING ADVISORY COMMITTEE September 22, 2021 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application 15 Broadway Avenue Tile c ity of Saint 101111 On August 23, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its meeting on September 21, 2021. The applicant, Dick Hickey of HBI_ Rentals Inc., appeared before the Committee in agreement with the staff report and recommendation. No other person appeared before the Committee regarding this application, and no correspondence from the public has been received regarding this application. After considering the matter, the Committee resolved to recommend the rezoning application with the recommended Section 59 conditions by staff. RECOMMENDATION: That Common Council redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. 2. That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. 3. That Common Council rezone a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as Page 1 of 2 390 Rezoning Application 15 Broadway Avenue September 22, 2021 PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814: a. That the following land uses be prohibited: i. Bar, Lounge, or Nightclub ii. Small Recreational Vehicle Sales and Service iii. Large Recreational Vehicle Sales and Service iv. Redemption Centre v. Model Home Sales Centre vi. Service Station vii. Vehicle Repair Garage viii. Vehicle Sales and Leasing b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas, landscaping, signs, exterior lighting, and other such site features, and that such site plan incorporate the following: i. That there be no outdoor storage in the front yard; ii. That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and iii. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. c. That the above site plan in paragraph (b) be attached to the permit application for the change of use of the parcel of land. Respectfully submitted, Frad4 itchell First Vice Chair Attachment Page 2 of 2 06% o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint Jahn Date: September 17, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: SUBJECT Applicant: Landowner: Location: PID: Existing Designation: September 21, 2021 HBL Rentals Inc. HBL Rentals Inc. 15 Broadway Avenue 00299248 & 00300814 Stable Residential Proposed Designation: Commercial Corridor Existing Zoning: One -Unit Residential (R1) Proposed Zoning: Corridor Commercial (CC) Application Type: Municipal Plan Amendment and Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Plan and Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, October 4, 2021. Page 1 of 7 392 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 EXECUTIVE SUMMARY The application involves a request to change the non -conforming use of an existing business at 15 Broadway Avenue to a permitted use in order that a similar business can be established. This request involves incorporating the subject property into the Rothesay Avenue Commercial Corridor, a reasonable change supported by the Municipal Plan. Section 59 conditions are recommended to address neighbourhood compatibility. RECOMMENDATION That Common Council redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Area to Employment Area. 2. That Common Council redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a public street, from Stable Residential to Commercial Corridor. 3. That Common Council rezone a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC). 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814: a. That the following land uses be prohibited: i. Bar, Lounge, or Nightclub ii. Small Recreational Vehicle Sales and Service iii. Large Recreational Vehicle Sales and Service iv. Redemption Centre v. Model Home Sales Centre vi. Service Station vii. Vehicle Repair Garage viii. Vehicle Sales and Leasing b. That the development and use of the parcel of land be in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle Page 2 of 7 393 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 parking, loading areas, landscaping, signs, exterior lighting, and other such site features, and that such site plan incorporate the following: That there be no outdoor storage in the front yard; That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and iii. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. c. That the above site plan in paragraph (b) be attached to the permit application for the change of use of the parcel of land. ANALYSIS Background The subject property had been designated Highway Commercial and zoned "I-1" Light Industrial by the previous Municipal Plan and Zoning By-law. A one -unit dwelling and an automotive body paint repair garage existed on the property in the 1980s. On August 18, 2011, a building permit was issued for the demolition of the dwelling and garage and for the construction of a new commercial building by HBL Rentals Inc. This permit application involved the construction of a 139-square metre, two -storey building containing an office on the second floor and a warehouse on the ground floor for the new contracting business. On January 30, 2012, a new Municipal Plan (PlanSJ) was enacted by Common Council. This Municipal Plan redefined the commercial and residential boundary in the area with a new Commercial Corridor designation along Rothesay Avenue. As a result of the boundary change, the subject property was redesignated to Stable Residential and the Zoning By-law, which was later enacted on December 15, 2014, established One -Unit Residential (R1) zoning for the property. These changes resulted in the existing contracting business becoming a non -conforming use. Proposal The applicant intends to sell the property to a franchisee of Reliable Overhead Doors Ltd. According to the applicant, the new business will operate between 7:00 a.m. until 5:00 p.m., Mondays to Fridays. There will be approximately six to ten staff members associated with the office and warehouse. Typically, there will only be two daily customers expected since the Schedule E: Exceptions of the Zoning By-law, however, does recognize the commercial parking area at 15 Broadway Avenue as a permitted use. Page 3 of 7 394 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 installation of products and services of the new business occurs offsite. There will be eight to ten deliveries to the property during the week by suppliers. The new business owner will not have any outdoor storage in the front yard and intends to landscape the area that was previously used by the current business for such purpose. The new business owner also intends to replace the existing large dumpster near Broadway Avenue with a smaller dumpster. Site and Neighbourhood The subject property is located near the intersection of Broadway Avenue and Glen Road, approximately 87 metres from Rothesay Avenue (Map 1). The property contains a two -storey commercial building. The front yard is comprised of an asphalt parking area with concrete curbing. The parking area can accommodate approximate fifteen vehicles; only four parking spaces are required for the new business. The eastern portion of the front yard has been occupied by a fenced outdoor storage area. A large dumpster and wooden retaining wall is situated in the western portion of the front yard adjacent to the street. A paved loading area is located behind the building. A treed hill is to the rear of the site. An undeveloped 15.24-metre wide public street right-of-way is adjacent to the western boundary of the subject property and a dwelling (9 Glen Road) is adjacent to the east. There are a total of six dwellings along Glen Road, between Broadway Avenue and Simpson Drive. There are six additional dwellings on the other side of Broadway Avenue towards Simpson Drive. Saint Ann's Catholic Church is located to the east (135 Simpson Drive). A number of businesses are within 100 metres of the subject property to the west, including: Defazio Auto Body Ltd. (4 Broadway Avenue), Printworks Custom Apparel (680 Rothesay Avenue), Stirling's Farms Gate Market (666 Rothesay Avenue), Ritchie's Building & Flooring Centre (715 Rothesay Avenue), and Halifax Seed Co. Inc. (664 Rothesay Avenue). Municipal Plan and Rezoning The subject property is designated Stable Residential by the Municipal Plan (Map 2). This designation is associated with lands involving existing neighbourhoods which are generally built - out and are not anticipated to receive major change over the planning period. The subject property is zoned One -Unit Residential (R1), the same zoning as other properties along the northside of Glen Road (Map 3). However, unlike these other residential properties, the subject property has been used commercially since the 1980s (see Background). To recognize the long-term commercial use of the subject property as a permitted use, opposed to a non -conforming use, the applicant is seeking the following amendments to the Municipal Plan and Zoning By-law: Page 4 of 7 395 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 1. Redesignation of the subject property, and a portion of an adjacent undeveloped public street, from Stable Area to Employment Area on Schedule A of the Municipal Plan; 2. Redesignation of the subject property, and a portion of an adjacent undeveloped public street, from Stable Residential to Commercial Corridor on Schedule B of the Municipal Plan; and 3. Rezoning of the subject property from One -Unit Residential (R1) to Corridor Commercial (CC). The undeveloped public street will remain unzoned. The Municipal Plan created a uniform boundary between the local neighbourhood and the Rothesay Avenue Commercial Corridor. The inclusion of the subject property into this Commercial Corridor is reasonable given the presence of other businesses along this portion of Broadway Avenue, which includes Defazio Auto Body Ltd. and Printworks Custom Apparel. Further, the subject property is located at a street intersection (Broadway Avenue and Glen Road), providing better delineation between the Commercial Corridor and the local neighbourhood. This application will also recognize the long-term commercial use of the subject property and the significant investment made by the applicant just prior to the adoption of the Municipal Plan. Given the above observations, and that the request is supported by the policies of the Municipal Plan (Attachment 2), staff recommends approval of the application with Section 59 conditions to address neighbourhood compatibility. Section 59 Conditions The Corridor Commercial (CC) zone accommodates a wide range of vehicle orientated commercial and compatible light industrial uses. To address neighbourhood compatibility between the subject property and the local neighbourhood, especially with respect to the adjacent housing, the following uses are recommended to be prohibited through the imposition of a Section 59 condition: 1. Bar, Lounge, or Nightclub 2. Small Recreational Vehicle Sales and Service 3. Large Recreational Vehicle Sales and Service 4. Redemption Centre 5. Model Home Sales Centre 6. Service Station 7. Vehicle Repair Garage 8. Vehicle Sales and Leasing 2 Schedule A categorizes land in the city based on the degree of change and intensity of development to be received over the planning period and directs where investments are to be made. The City Structure Map (Schedule A) forms the basis for the more detailed Future Land Use Map (Schedule B). Page 5 of 7 396 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 In addition, a Section 59 condition is recommended to ensure that the subject property is developed and maintained in accordance with a site plan approved by the Development Officer, and that such site plan incorporate the following: 1. That there be no outdoor storage in the front yard;3 2. That the front yard be landscaped where a fenced outdoor storage is or was located, and such landscaping be completed no later than October 30, 2022; and 3. That the storage of garbage in the front yard be enclosed in accordance with section 5.4 of the Zoning By-law. The applicant has been advised of the recommended Section 59 conditions. Conclusion The inclusion of the subject property into the Rothesay Avenue Commercial Corridor is considered reasonable and is supported by the Municipal Plan. The recommended Section 59 conditions will address neighbourhood compatibility. ALTERNATIVES AND OTHER CONSIDERATIONS The provisions of section 60 of the Community Planning Act allows for the continuation of non- conforming uses and, with the consent of the Planning Advisory Committee, the change of one non -conforming use with similar non -conforming use. Although non -conforming uses are allowed to continue in accordance with the provisions of the Act, they are not deemed permitted uses by the Zoning By-law. Therefore, it is usually difficult to secure financing from lending institutions when dealing with a property containing a non- conforming use. Therefore, the applicant is requesting to have the subject property incorporated into the adjacent Commercial Corridor. ENGAGEMENT In accordance with the Planning Advisory Committee's Rules of Procedure, notification of the proposal was mailed to landowners within 100 metres of the subject property on September 10, 2021. A public notice concerning the Municipal Plan Amendment and Rezoning application was posted on the City of Saint John website on September 10, 2021. 3 "Outdoor Storage" means the storage of equipment, goods, inventory, materials, merchandise, or other items by locating them on a lot outside of a building, but does not include the storage of garbage, or the display of goods for sale to the public from a commercial business on the same lot. Page 6 of 7 397 HBL Rentals Inc. 15 Broadway Avenue September 17, 2021 APPROVALS AND CONTACT Author I Manager I Commissioner Mark O'Hearn, CPT I Jennifer Kirchner, RPP, MCIP I Jacqueline Hamilton, MCIP, RPP Contact: Mark O'Hearn Telephone: (506) 649-6075 Email: Mark.OHearn@saintjohn.ca APPENDIX Map 1: Site Aerial Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Page 7 of 7 398 Ga �J 75 4 Lr) N O O Q a rp 3 m O ai m i to to O O N L 5 L i O L U a U L O VI J aj LNL Co C/) U (n ® I LL z LL U .O� G� �J O Q r6 3 ra m O m 'v Li c _ _ E co `6 E U i U U U a U a o o o i a 4, U v o cn O U Z cl� ® 0 1 s Q c 0 CL E rr^ �VJ W Y L.1_ 0 cn - 0 O �MyL� LO 0 � 1 Q Attachment 2: Municipal Plan Policy Review Policy Staff Comment Commercial Corridors Commercial Corridors are located along the major thoroughfares in the City that accommodate a diverse range of commercial, light industrial, and community uses. These Corridors have been identified in the Municipal Plan as appropriate locations for intensified land use and investment as they provide major linkages between the Primary Centres, Employment Areas, and Intensification Areas. Policy LU-83 Create the Commercial Corridor land use designation on the Future Land Use map (Schedule B) to identify lands that are predominantly intended to be developed for automobile -oriented service and commercial uses, generally excluding large -format retail uses. Institutional and community facilities and some compatible light industrial uses are also appropriate land uses in this designation; however, new residential uses and major professional offices will generally not be permitted. Policy LU-84 Ensure land development in the Commercial Corridor designation shall include consideration of: a. The provision of appropriate pedestrian, transit and cycling infrastructure to accommodate alternate modes of transportation; b. Quality urban design, landscaping, and streetscaping; and c. The potential to minimize the number of access driveways serving developments and to encourage the development of shared joint access driveways and parking areas. The application seeks to incorporate the subject property into the Rothesay Avenue Commercial Corridor. The existing and proposed commercial businesses on the subject property are consistent with the desired land uses for the corridor. a. Transit is available along Rothesay Avenue, approximately 87 metres from the subject property. b. The property has been developed with an asphalt parking area enclosed with concrete curbing. There is opportunity to replace an outdoor storage area with landscaping and to enclose the storage of garbage in the front yard through the imposition of Section 59 conditions. c. The subject property is served by one driveway that satisfies the requirements of the Zoning By-law. HOV Attachment 2: Municipal Plan Policy Review Policy Policy LU-85 Consider the expansion of Commercial Corridors or the addition of new Commercial Corridors in accordance with the following criteria: a. The Commercial Corridor is focused on a collector or arterial street in the City's transportation system as identified on the Transportation map (Schedule C); and b. Council is of the view that the Commercial Corridor provides a major linkage between a Primary Centre, Employment Area and/or an Intensification Area and is a logical location for the land uses deemed appropriate in this designation. Staff Comment a. & b. The inclusion of the subject property into the Rothesay Avenue Commercial Corridor will not detract from the focus of the corridor along Rothesay Avenue, a major arterial in East Saint John. C[iL! "V ment Shp 2 Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIViC ADDRESS ,��,. <<f APPLICAI ICIIV # FEE RAID Y N TYPE OF APPLICATION ❑Land for Public Purposes Release Application Fee: $350 Section 59 Amendment Application Fee: $2,650 ❑Non -Conforming Use Application Fee: $250 ❑ Zoning By-law Amendment Application Fee: $2,650 Satisfactory Servicing Application Fee. $350 Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. Tfk 5 � � , � ,�ts r. ✓ s , c CVeFv esv S r �r [ENCUMBRANCES scribe any eaments, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, an by authorize the applicant to represent this matter and to provide any additional information that will be necessary for this a I.icaion. 116e— C.vywe! ��&_, Registered Owner or Auth rd Agent ion egistered 0 ne ue i.4_Lee?�t Cate Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. �.ouncn ryynuauun rune <uu uu u i [360 ApplicationGeneral , C7 ,pJ,UC I1Y 5E�:��`IC (TY OF St i AT J(°J vl LOCATION CIVIC ADDRE55 :�f�i� PID it : UbLry 1 �4b ° �✓� 36U/ HERITAGE AREA. Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N APPLICATION #: DATE RECEIVED: F RECEIVED BY: APPLICANT EMAIL PHONE 1/31- . c cif & .,"7 . -e4_ 433 44-'F O MAILING ADDRESS POSTALCODE c lydAte CONTRACTOR EMAIL PHONE 0 1- . Z MAILING ADDRESS POSTAL CODE 1— d tJ OWNER EMAIL PHONE a L1 d MAIL( NG ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE 0INTERIORRENOVATION [—]NEWCONSTRUCTION❑VARIANCE ©STREETEXCAVATION 1:1 HERITAGE DEVELOPMENT F ]EXTERIOR RENOVATION �ACCESSORYBLDG []PLANNING LETTER �DRIVEWAYCULVERT HERITAGE SIGN Q E- ADDITION POOL DRAINAGE ©HERiTAGEINFILL �PACAPPLICA710N El < ❑DECK DOEMOLITION EICOUNCILAPP WATER & SEWERAGE HERITAGE DEMO DCHANGEOFUSE SIGN SUBDIVISION 0OTHEROTHER u MINIMUM STANDARDS OTHER OTHER ti" r fL!-Q 6 r 0 Z o EE a 0 u LL f i consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John wllf not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. for further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer - City Hail Buiidm.- - 15 Market Square Saint John, NB E21- lE8 CommonC lerk(a),,saintjohn.ca I506)658-2862 �brGa3di+bt wne I, the undersigned, hereby apply for the permtf{s) or approval(s), indicated above for the work described on plansr submissions and forms herewith submitted. This application includes ail relevant documentoBon necessary for the applied for permits) or opprovol(sj. i agree to comply with the plans, specifications and further agree to comply Wfh atI evant City ydaws and con imposed. �L n t e Apm, / 4�aQ Appli 1 Nome Pr / Ap 'cant Sig Date C[iZ-1 MI Inbox (300) - breed@mmax- jnh % . Real Property Information % * Matrix F C i planetsno. ca/PL4NETD B/brmain$.startup 4,� _. © New Tah It Microsoft Word - S... ,,; APes It Matrix * Bnmar Property ae... ors ice j Quick search Ground X + 0 — @ X tr 0 Reading list i r ' - ,�_ �❑ Roads +•k _{� �❑ NB Mydrographic Networ • {�' ❑ Civic Address I vU f Parcels (PIS) T m t ` C[irl PROPOSED MUNICIPAL PLAN AMENDMENT RE: 15 BROADWAY AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would: 1 2 Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area, as illustrated below; Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residntial to Commercial Corridor, as illustrated below. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 15, AVENUE BROADWAY Par les presentes, un avis public est donne par lequel le conseil communal de ville de Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. A I'annexe A du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0.29 hectares, situee au 15, avenue Broadway, egalement identifie comme NID 00299248, NID 00300814, et une partie non developpee d'une rue publique, qui passera de secteur stable a secteur d'emploi, comme illustre ci-dessous; 2 A I'annexe B du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0.29 hectares, situe au 15, avenue Broadway, egalement identifie comme NID 00299248, NID 00300814, et une partie non developpee d'une rue publique, qui passera de secteur residentiel stable a corridor commercial, comme illustre ci-dessous. ERB] �a ay. BtoadwayAv. A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall with a remote participation option on Monday, June 28, 2021. REASON FOR CHANGE: To recognize the commercial use on the subject site. Une presentation publique de la modification proposee aura lieu lors d'une reunion ordinaire du Conseil communal, qui aura lieu dans la salle du Conseil a ('hotel de ville, avec option de participation a distance, le lundi 28 juin 2021. RAISON DE LA MODIFICATION Reconnaitre ('usage commercial existant sur le site en question. Written objections to the proposed amendment Les objections ecrites a la modification may be made to the Council, in care of the undersigned, by July 28, 2021. proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le 28 juillet 2021. Enquiries may be made at the office of the Les demandes de renseignements peuvent Common Clerk or Growth & Community titre presentees au bureau du greffier Services, City Hall, 15 Market Square, Saint communal ou aux Services de croissance et John, N.B. between the hours of 8:30 a.m. and de developpement communautaire, Hotel de ville, 15, Market Square, Saint John (N.-B.), ![IR 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk (506) 658-2862 entre 8 h 30 et 16 h 30, du lundi au vendredi, inclusivement, jours feries exclus. Jonathan Taylor, greffier communal (506) 658-2862 HK BY-LAW NUMBER C.P. 106-X A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: Redesignating on Schedule A of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area; and Redesignating on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residential to Commercial Corridor - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X Day of X, A.D. 2021 and signed by: Mayor/Maire ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL ARRETE NO C.P. 106-X Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit : L'arr6te concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par: A I'annexe A du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0,29 hectare situe au 15, avenue Broadway (PID 00299248 et PID 00300814), et une partie non amenagee d'une voie publique, de secteur stable a secteur d'emploi, tel qu'illustre ci-dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier le zonage d'un terrain d'une superficie de 0,29 hectare situe au 15, avenue Broadway (PID 00299248 et PID 00300814), et une partie non amenagee d'une voie publique, de secteur residentiel stable a corridor commercial, tel qu'illustre ci- dessous. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes Common Clerk/Greffier communal First Reading — X Premiere lecture — X Second Reading — X Deuxieme lecture — X Third Reading — X Troisieme lecture — X 411 BY-LAW NUMBER C.P. III -IX ARRETE NO C.P. II I-1X A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an approximate area of 0.25 hectares, located at 15 Broadway Avenue, also identified as PID 00299248 and PID 00300814, from One -Unit Residential (R1) to Corridor Commercial (CC) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by-law IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the X day of X, A.D. 2021 and signed by: La modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifer le zonage d'une parcelle de terrain d'une superficie approximative de 0,25 hectare situee au 15, avenue Broadway (PID 00299248 et PID 00300814), de secteur residentiel d'une unite (R1) a corridor commercial (CC) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes Mayor/Maire Common Clerk/Greffier communal First Reading — X Premiere lecture — X Second Reading — X Deuxieme lecture — X Third Reading — X Troisieme lecture — X 412 Staff Recommendation for Council Resolution Property: 7 Sherwood Drive Public Hearing: Completed on August 23, 2021 Item Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 15` and 2nd reading to an Amendment Amendment to the Zoning by-law to rezone a parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID No. 00324012, from Local Commercial (CL) to Mid -Rise Residential (RM). Other No N/A 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan N N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law to rezone a parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID No. 00324012, from Local Commercial (CL) to Mid -Rise Residential (RM). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act (SNB 2017, c.19), hereby 59 Conditions discharges the resolution adopted on December 23, 2013 imposed on the rezoning of a parcel of land located at 7 Sherwood Drive also identified as being PID Number 00324012 and which was made pursuant to the provisions of Section 39 of the 111191 Community Planning Act in effect at that time (RSNB 1973 as amended). Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act (SNB 2017, c.19), impose the following conditions on the parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID Number 00324012: (a) The property is to be limited to a maximum of seven (7) residential dwelling units; (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features; and, (c) The above site plan is to be attached to the permit application for the development of the parcel of land. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A BY-LAW NUMBER C.P. 111-115 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Rezoning a parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID No. 00324012, from Local Commercial (CL) to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of X, A.D. 2021 and signed by: Mayor/Maire ARRETE NO C.P. 111-115 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : Rezonage d'une parcelle de terrain d'une superficie d'environ 1 218 metres carres, situee au 7, promenade Sherwood et 131, promenade Champlain, egalement identifie comme NID 00324012, de zone commerciale locale (CL) a zone residentielle - immeubles d'habitation de hauteur moyenne (RM) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2021, avec les signatures suivantes : City Clerk/Greffier communal First Reading - August 23, 2021 Premiere lecture - le 23 aout 2021 Second Reading - August 23, 2021 Deuxieme lecture - le 23 aout 2021 Third Reading - Troisieme lecture — 111N'7 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John o�. �a Q Prom. ChaM10xV% V� �o w� �b PXW.- FROM / DE Local Commercial Zone commerciale CL ® RM locale eeOoo TO / A Mid -Rise Residential Zone residentielle — immeubles d'habitation de moyenne hauteur Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Windrose Equity Inc. Location: 7 Sherwood Drive PID(s)/NIP(s): 00324012 Considered by P.A.C./Considers par le C.C.U.: July 20 juillet, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: September 27 septembre, 2021 416 Section 59 Conditions — 7 Sherwood Drive and 131 Champlain Drive That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), impose the following conditions on the parcel of land having an area of approximately 1,218 square metres, located at 7 Sherwood Drive and 131 Champlain Drive, also identified as PID Number 00324012: (a) The property is to be limited to a maximum of seven (7) residential dwelling units; (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features; (c) The above site plan is to be attached to the permit application for the development of the parcel of land; and HIM COMMON COUNCIL REPORT M&C No. 2021-272 Report Date September 29, 2021 Meeting Date October 04, 2021 Service Area Corporate Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Procedural By -Law Amendment — Internal Audit Charter OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emily Gaunce, articling student Melanie Tompkins John Collin RECOMMENDATION It is recommended that Common Council give First and Second Reading to an amendment to the Procedural By -Law which adds the Internal Audit Charter to the list of Financial Policies found in Schedule C to the By -Law. EXECUTIVE SUMMARY The purpose of this report is to present to Council an amendment to the Procedural By -Law which adds the Internal Audit Charter to the list of Financial Policies found in Schedule C to the By -Law, to give effect to Council's decision to do so at its July 26, 2021 meeting. PREVIOUS RESOLUTION At its meeting of July 26, 2021, Council resolved as follows: "RESOLVED that as recommended by the Finance Committee in the submitted report "M&C 2021-220: Internal Audit Services", Common Council approve the attached Internal Audit Charter and approve the addition of the Internal Audit Charter to the Procedural By -Law." STRATEGIC ALIGNMENT N/A C1F-11 REPORT On July 22, 2021, a recommendation to implement an Internal Audit Service at the City of Saint John was presented to the Finance Committee. The Finance Committee agreed with the recommendation and resolved to recommend to Common Council the approval of the Internal Audit Charter and the addition of the Internal Audit Charter to the Procedural By -Law. On July 26, 2021, the Finance Committee presented to Common Council on the Internal Audit Service. The Finance Committee recommended implementing the Internal Audit Service to support the City's strategic goals, projects and plans, good governance and internal controls. Specifically, the Finance Committee recommended the implementation of the Internal Audit Charter, which details the purpose, standards, authority, independence and objectivity, scope and responsibilities of the Internal Audit Service, and the addition of the Internal Audit Charter to the Procedural By -Law. Common Council approved the Finance Committee's recommendations and resolved to approve the Internal Audit Charter and to add it to the Procedural By -Law. The attached amendment adds the Internal Audit Charter to Schedule "C" to the By -Law, which lists the City's financial policies. Adding the Internal Audit Charter to Schedule "C" attracts the requirement of section 17.14 of the by-law which provides that no amendment may be made to any of the financial policies listed in Schedule "C" without a two thirds vote of the total membership of Council, unless the proposed amendment is recommended by the Chief Financial Officer. It is appropriate for Council to give First and Second reading to the attached amendment. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office drafted the amendment to the Procedural By -Law. ATTACHMENTS 1. Amendment to the Procedural By -Law. BY-LAW NUMBER LG-15 A BY-LAW RESPECTING THE PROCEDURES OF COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE NUMERO LG-15 ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John: John edicte: The By-law Respecting the Procedures of Common Council of The City of Saint John, enacted on the 3rd day of May 2021, is hereby amended as follows: 1. By adding the following to Schedule "C" - Financial Policies - immediately after "9) FAS-021 Budget Monitoring Policy": 10) Internal Audit Charter IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of 2021 and signed by: First Reading Second Reading Third Reading Mayor / Maire L'Arrete Concernant le Reglement Interieur du Conseil Communal de The City of Saint John, decrete le 3 mai 2021, est modifie comme suit: 1. Par 1'adjonction de cc qui suit a 1'Annexe « C » - Politiques financieres - immediatement apres (<9) FAS-021 Politique sur le suivi budgetaire » : 10) Charte de 1'audit interne EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2021, avec les signatures suivantes: Common Clerk / Greffiere communal Premiere lecture Deuxieme lecture Troisieme lecture 11K91 eur -41T J01 COMMON COUNCIL REPORT M&C No. 2021-273 Report Date September 29, 2021 Meeting Date October 04, 2021 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Finance Committee endorsement of the Strategic Real Estate Capital Reserve Fund Policy AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Dawn Arbour Kevin Fudge I John Collin RECOMMENDATION It is recommended that the attached Strategic Real Estate Capital Reserve Fund Policy, as approved by Growth Committee on August 17t", 2021, and endorsed by Finance Committee on September 28t", 2021 be approved by Common Council. EXECUTIVE SUMMARY Please see attached Growth Committee Report PREVIOUS RESOLUTION Finance Committee Resolution — September 281, 2021 Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the Growth Committee recommends that Finance Committee endorse, and Common Council approve the Strategic Real Estate Capital Reserve Fund Policy which will establish the governance for the Strategic Real Estate Capital Reserve Fund that was created by Council on May 17, 2021. MOTION CARRIED. Council Resolution - May 171, 2021 Be It Resolved that the Common Council create a Strategic Real Estate Capital Reserve Fund, and that this fund is established from $1,625,899 in received from Develop Saint John as part of its wind down on December 31, 2021. Further Be It Resolved that this fund be restricted for strategic real estate development opportunities in the City of Saint John, and that the City Manager be directed to return to Council with a policy on the parameters for spending from this fund. CPA -2- REPORT Please see attached Growth Committee Report STRATEGIC ALIGNMENT Please see attached Growth Committee Report SERVICEAND FINANCIAL OUTCOMES The City received $1,625,899 in net financial assets from the wind down of Develop Saint John. These were transferred to a new Strategic Real Estate Capital Reserve Fund from the assets received from Develop Saint John. This new policy guides the use for this fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Growth Committee report was drafted in consultation with Growth and Community Services, Strategic Services, the City Manager's Office, and the General Counsel's Office. ATTACHMENTS Strategic Real Estate Capital Reserve Fund Policy 1. Growth Committee Report on Strategic Real Estate Capital Reserve Fund 2. Strategic Real Estate Capital Reserve Fund Policy CPA GROWTH COMMITTEE REPORT Report Date August 12, 2021 Meeting Date August 17, 2021 Service Area Growth and Community Services Chairwoman Killen and Members of the Growth Committee SUBJECT. Growth Committee Report - STRATEGIC REAL ESTATE CAPITAL RESERVE FUND POLICY. docx OPEN OR CLOSED SESSION This matter is to be discussed in Growth Committee Open Session. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David DobbelsteynI Jacqueline Hamilton John Collin Craig Lavigne Phil Ouellette RECOMMENDATION Growth Committee recommends that Finance Committee endorse, and Common Council approve the Strategic Real Estate Capital Reserve Fund Policy which will regulate the Strategic Real Estate Capital Reserve Fund that was created by Council on May 17, 2021 EXECUTIVE SUMMARY As part of the consolidation of the City's economic development agencies into Envision Saint John, the assets of Develop Saint John were returned to the City as part of their wind down. Common Council transferred $1,625,899 in netfinancial assetsthat were returned to the City to a new Strategic Real Estate Capital Reserve Fund. Council directed staff to return with a policy on when, and how this specific fund may be accessed, and what it may or may not be used for. This new draft policy is attached to this report. Cy4c3 -2- REPORT In 2020, Council gave direction to Develop Saint John to officially wind down as corporation. This direction was to facilitate a new regional direction in Economic Development though the creation of Envision Saint John: The Regional Growth Agency. As Develop Saint John was controlled by the City of Saint John, on its wind down on December 31, 2020, all its assets were returned to the City. The remaining funds from Develop Saint John were transferred to their one funder - the City of Saint John, which would have been primarily derived from past revenues from Saint John Industrial Parks. Just prior to its wind down, the City asked the Board of Directors of Develop Saint John to provide the City with the budget of the work that would be required to continue the support Develop Saint John had been offering to the catalytic projects they were helping facilitate, specifically: Fundy Quay, the Central Peninsula Community Hub & Learning Commons, and the Ashburn Interchange In order to support the continued progress on these catalytic projects, as well as support future strategic real estate opportunities, Council created the Strategic Real Estate Capital Reserve Fund and the net financial assets returned by Develop Saint John were transferred to this Fund. At Council's direction, staff have drafted an accompanying policy for this Fund. The policy provides a framework to allow the fund to enable growth for the City through strategic investments in catalytic real estate opportunities. This fund will be used to drive catalytic real estate growth opportunities in tax base, employment, or population growth, or enhance quality of life in a way that will likely trigger further growth. All projects must include a business case that would justify the City's investment in the project, and these will be reviewed by staff and evaluated by Growth Committee. Any projects worth pursuing will be recommended to Common Council for their approval. The new policy gives new resources to the Growth Committee to drive the City's Growth agenda and provides a solid framework for Common Council to approve new and catalytic strategic real estate opportunities for the City. -3- PREVIOUS RESOLUTION Council Resolution - May 17t", 2021 Be It Resolved that the Common Council create a Strategic Real Estate Capital Reserve Fund, and that this fund is established from $1,625,899 in received from Develop Saint John as part of its wind down on December 31, 2021. Further Be It Resolved that this fund be restricted for strategic real estate development opportunities in the City of Saint John, and that the City Manager be directed to return to Council with a policy on the parameters for spending from this fund. STRATEGIC ALIGNMENT Growth and Prosperity "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." Fiscally Responsible "Develop long-term sustainable financial plans and budgets that align capital investment and fiscal capacity with service objectives." SERVICEAND FINANCIAL OUTCOMES The City received $1,625,899 in net financial assets from the wind down of Develop Saint John. These were transferred to a new Strategic Real Estate Capital Reserve Fund from the assets received from Develop Saint John. This new policy guides the use for this fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been drafted in consultation with Growth and Community Services, Strategic Services, the City Manager's Office, and the General Counsel's Office. Staff also consulted with Envision Saint John. ATTACHMENTS Strategic Real Estate Capital Reserve Fund Policy 11PIR Table of Contents 1. POLICY STATEMENT.......................................................................................................................... 2 2. EVALUATION CRITERIA AND PERMITTED USE OF THE FUND.......................................................... 2 3. BUSINESS CASE.................................................................................................................................3 4. RESPONSIBILITIES.............................................................................................................................4 S. FUNDING THE RESERVE....................................................................................................................5 11NO City of Saint John„ Strategic Real Estate Capital Reserve SAINT JOHN 1. POLICY STATEMENT 1.1. This policy outlines the standards and guidelines that govern the management, accounting, and evaluation criteria of the Strategic Real Estate Capital Reserve Fund ("the Fund") as established by Common Council on May 17t", 2021. 1.2. The Strategic Real Estate Capital Reserve is subject to compliance with FAS-003 Operating and Capital Budget Policy as well as FAS-005 Capital Budget Policy. 1.3. The City of Saint John ("the City") established the Fund from the net financial assets that were returned to the City as part of the of the wind-up of Develop Saint John. 1.4. The Fund is to be exclusively used to support strategic real estate development Projects ("Projects") in Saint John. 2. EVALUATION CRITERIA AND PERMITTED USE OF THE FUND 2.1. All Projects must take place in the Saint John City Limits ("Saint John") 2.2. All Projects must be catalytic in nature and give strong evidence that the completion of the Project will lead to increased tax base, employment, or population growth, or considerably increase the quality of life in Saint John ("Growth"). 2.3. The Fund may be used for the acquisition and purchase of land or real estate, provided the City or its controlled entities retain ownership. 2.4. No more than $400,000 should be designated from the Fund for any specific Project, including sub -Projects, however Council may approve a larger amount based on the strength of a business case. 2.5. All Projects must align with PlanSJ. 2.6. Projects must demonstrate how they adhere to one or more of the City's long-term Growth plans or strategies. 2.7. Project proposals must be submitted at least 60 days prior to the Project start date. 2 City of Saint John„ Strategic Real Estate Capital Reserve SAINT JOHN 2.8. Project expenses incurred prior to obtaining Project approval by Common Council are ineligible for reimbursement, unless specifically authorized by Common Council. 2.9. All Projects must demonstrate how they will recognize the City's financial contributions. 2.10. Legal fees are eligible costs but only if managed by the City or a controlled entity. 2.11. Procurement for Projects must align with the procurement policy of the City. 2.12. The Fund may not be used for capital renewal or the purchase of vehicles. 2.13. All Projects must be substantiated by a Business Case ("Business Case"). 3. BUSINESS CASE A Business Case must: 3.1.1. Clearly outline the opportunity for the City and address how the Project will lead to Growth; 3.1.2. Demonstrate good return on investment for the City and include a reasonable Economic Impact Analysis; 3.1.3. Include a detailed budget with timelines for each expenditure; 3.1.4. List roles and responsibilities associated with Project governance; 3.1.5. List confirmed and unconfirmed funding contributions to the Project; 3.1.6. Outline risks and liabilities associated with the Project; 3.1.7. Outline all in -kind and expenditures expected of the City, for both the up -front costs of the Project as well as future maintenance; 3 CK:3 City of Saint John Strategic Real Estate Capital Reserve SAINT JOHN 4. RESPONSIBILITIES 4.1. Common Council: 4.1.1. Has oversight of this policy 4.1.2. Has sole authority to approve expenditures from the Fund. 4.2. Finance Committee 4.2.1. Is responsible for approving the Capital Budget. 4.3. Growth Committee: 4.3.1. Is responsible for evaluating all Projects. 4.3.2. Growth Committee may: 4.3.2.1. Recommend a Project to Common Council for its approval; 4.3.2.2. Reject a Project proposal outright; 4.3.2.3. Request that the Applicant make changes to the proposal; 4.3.2.4. Require an Applicant return to Growth Committee with a Project evaluation at the completion of the Project; 4.4. The City Manager: 4.4.1. Shall ensure compliance with the principles and requirements contained in this policy. 4.5. The Commissioner of Growth and Community Services: 4.5.1. Is responsible for assembling a cross -corporate staff team to carefully review all Projects and accompanying business cases and provide advice and updates to Growth Committee and Council on Projects. 4.6. The Commissioner of Finance: 4.6.1. Will develop and update this policy as necessary and present changes to Council; 4.6.2. Will perform the transfers to and from this reserve as authorized by Council; !9 Cy4%7 City of Saint John„ Strategic Real Estate Capital Reserve SAINT JOHN 5. FUNDING THE RESERVE 5.1. The Fund is established from $1,625,899 in net financial assets returned to the City as part of the Wind -Down of Develop Saint John. 5.2. The City may elect to top -up the Fund as part of the annual budget process for the City upon the recommendation of Finance Committee and approval of Common Council. 5.3. The City may designate the proceeds of the sale of City owned assets, particularly land, to be placed in the Fund. 5 September 29, 2021 Common Council City of Saint John City Hall 15 Market Square Saint John, NB E21- 1E8 Re: Request for Operational Review of the Saint John Shelter Ltd., O/A Saint John SPCA Animal Rescue. An open letter to the residents of the City of Saint John, Many of you want to know why I did what I did. Why did I share our story so publicly? Why did I create a Media storm over the SJSPCA's involvement with Gabe? Many people already know why. They know without a doubt, that without the accountability of the public eye; Gabe would not have been returned home to us. Whatever the reason, we were targeted, and it felt discriminatory from the very beginning. It was a fight for Gabe. It has happened to countless others before us, and we fear that it will continue to happen to others if there isn't real change within the organization. Compassion needs to be at the forefront of any animal rescue organization. For the animals but also for the community they serve. It took bringing a public eye to our situation to create action. This was the only way we were going to be afforded the opportunity to open a dialogue to get Gabe home to us. After Gabe's capture, we had opportunity to have a conversation with the SJSPCA (Acting) Board President, Sara Parsons and NBSPCA President, Robert Hunt. It was expressed that our public posts and pleas created a distrust towards us. I respectfully submitted that the distrust was already present from the very first interaction. The reality is that the distrust of the larger community was present before we ever got involved. That speaks volumes. To be fair, there is no dispute over the care and dedication demonstrated to animals under their care. We see the commitment to providing the best possible environment and care to the animals they choose to serve. We saw, first- hand the dedication and love for animals the staff and volunteers give effortlessly to our most vulnerable population. But there is another side to animal rescue that is seriously lacking. It is the human side. Compassion for the people and community they serve. From the potential adopters who felt dejected by their treatment through the application process, concerned citizens calling about pets endangered or lost in their neighborhood and being denied support or direction, emotional pet owners trying to report a lost pet and being told "it's most likely dead," and owners, like us; being denied their furry family members; the stories are out there. Someone needs to take notice. We rallied to ensure a positive outcome. We were fortunate to have the support and assistance of former SJSPCA Board members; Leslie Rice, Past President (2020— 2021); and Melody McElman, Past 11191 President (2011 — 2017). Board members have had an extremely high turnover rate. There has been 44 board member and 6 Presidents who have left over the last 4 years. That amount of turnover is astounding. Someone needs to take notice. Many others have not been so lucky. My heart breaks for the elderly couple who recently had their cats removed with the understanding that they would be returned once receiving spay/neuter, only to be told when they called for an update that the cats were going to be euthanized and to never call back. Someone please, take notice! There is a reason why there are so many other volunteer organizations and dedicated Facebook pages committed to aiding lost or injured pets. It's because our local Community and Publicly funded organization more often than not refuses to help and it is done so without compassion or regret. The community is left to seek support on their own. It's a disparaging feeling and one I know all too well. Someone needs to take notice. Someone needs to ask why our tax dollars supports an organization that treats the very citizens of Saint John that fund them with such callous and contempt. The manner in which they conduct business reflects our city in the realm of animal welfare and sadly, the reviews are not positive. From the moment Gabe went missing messages from the greater community were clear: Do NOT involve the SJSPCA! It's disheartening to feel that the very organization intended to support our city does not have its citizens best interests at the forefront. You need to take notice. You need to take action! Sincerely, Rose Hogenbirk and Mike Dukes 1119% To whom it may concern: This email is my request to have the attached letter of concern be addressed before open council on the October 4, 2021 Agenda to have city staff look into this matter. It is further requested, if granted, that I may speak on behalf of my letter at a later date in open council, to address the concerns of the operation of the Saint John Shelter named in the contract with the City of Saint John, operating as the Saint John SPCA, regarding my recent personal experience. Concerns should be addressed, especially with our taxpayers money being given to the Saint John Shelter / Saint John SPCA under contract with the City of Saint John for Animal control services. Thank you, Rose Hogenbirk HOV