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2024-02-20_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Tuesday, February 20, 2024 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 1.3 Heritage Awards 2023 5 - 19 2. Approval of Minutes 2.1 Minutes of February 5, 2024 20 - 28 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Thome Avenue Rail Crossing Safety Improvement - Federal Funding 29 - 53 (Recommendation in Report) 5.2 Proposed Public Hearing Date for 730-740 Foster Thurston Drive and 1670 54 - 55 Hickey Road (Recommendation in Report) 5.3 Diversity, Equity, and Inclusion Policy Statement (Recommendation in Report) 56 - 58 5.4 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 59 - 62 5.5 Fleet Replacement Procurement — February 2024 (Recommendation in Report) 63 - 65 5.6 Community Development Fund Agreement: City of Saint John — Millidgeville 66 - 74 Boat Ramp Rehabilitation (Construction) (Recommendation in Report) 5.7 Contract No. 2023-13: St. Paul Street (Winter Street to End) - Water, Sanitary, 75 - 78 and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) 5.8 Public Information Session: Garden Street (City Road to Coburg Street) — 79 - 81 Infrastructure Renewal and Street Reconstruction (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Heritage Week - February 19 to February 25, 2024 82 - 82 8. Delegations / Presentations 8.1 Empowering Women in Business 83 - 110 9. Public Hearings - 6:30 p.m. 9.1 Public Hearing for Street Closure for Portions of Red Head Road and Hewitt 111 - 121 Road (1st and 2nd Reading) 10. Consideration of By-laws 10.1 Public Presentation - Proposed Municipal Plan Amendment - 901 Foster 122 - 133 Thurston Drive 10.2 Traffic By -Law Amendment - Sydney Street (Duke Street to Broad Street) (1 st 134 - 142 and 2nd Reading) 10.3 Municipal Plan Amendment and Zoning By -Law Amendment with Section 59 143 - 151 Conditions - 1440 Loch Lomond Road (3rd Reading) 10.4 Zoning By -Law Amendment with Section 59 Conditions - 172 City Line (3rd 152 - 155 Reading) 10.5 Vehicles for Hire By -Law Amendment (3rd Reading) 156 - 156 10.6 Street Closing By -Law - Retail Drive (3rd Reading) 157 - 158 11. Submissions by Council Members 12. Business Matters - Municipal Officers K 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Lease of Ground Floor Space off Saint Patrick Street to Solid Rock Ventures Inc. 17.2 Conditional Agreement of Purchase and Sale - 26-28 Retail Drive 17.3 Strategy for Divestment of Four City Owned Properties 17.4 City Market New Lease with the Wild Carrot 18. Adjournment 159 - 159 160 - 160 161 - 161 162 - 162 K City of Saint John Common Council Meeting Tuesday, February 20, 2024 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: 4:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Land Matter 68(1)(d) 1.3 Financial Matter 68(1)(f) 1.4 Land Matter 68(1)(d) 1.5 Land Matter 68(1)(d) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) 1.8 Legal Matter 68(1)(f) 1.9 Employment Matter 68(1)(j) 1.10 Government Relations Matter 68(1)(e) 1.11 Legal Matter 68(1)(f) 1.12 Security Matter 68(1)(h) 1.13 Government Relations Matter 68(1)(e) 1 Ville de Saint John Seance du conseil communal Mardi 20 fevrier 2024 18h30 2e etage de la Salle du conseil communal, 1-16tel de Ville Nous utiliserons un moyen de communication electronique lors de cette reunion. Le public peut assister a la seance en personne clans la Salle du Conseil ou la regarder sur le site Internet de la ville (www.saintiohn.ca) ou sur Rogers TV. 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 — C16ture du comite plenier — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 68(1) 1.2 Question fonciere 68(1)(d) 1.3 Question financiere 68(1)(c) 1.4 Question fonciere 68(1)(d) 1.5 Question fonciere 68(1)(d) 1.6 Question financiere 68(1)(c) 1.7 Question financiere 68(1)(c) 1.8 Question juridique 68(1)(f) 1.9 Emploi 68(1)(j) 1.10 Relations gouvernementales 68(1)(e) 1.11 Question juridique 68(1)(f) 1.12 Question de securite 68(1)(h) 1.13 Relations gouvernementales 68(1)(e) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres K 1.2 Hymne national 1.3 Prix du patrimoine 2023 2. Approbation du proces-verbal 2.1 Proces-verbal du 5 fevrier 2024 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Amelioration de la securite du passage a niveau de I'avenue Thorne — Financement federal (recommendation clans le rapport) 5.2 Proposition de date d'audience publique pour Ies 730-740 Foster Thurston Drive et 1670 chemin Hickey (recommendation clans le rapport) 5.3 Declaration de la Politique de diversite, d'equite et d'inclusion (recommendation clans le rapport) 5.4 Appel d'offres pour des melanges de beton bitumineux (recommandation clans le rapport) 5.5 Remplacement de la flotte— fevrier 2024 (recommandation du rapport) 5.6 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Remise en etat de la rampe de mise a I'eau de Millidgeville (construction) (recommandation clans le rapport) 5.7 Numero de contact 2023-13 : Paul (de la rue Winter a la fin) — Renouvellement des reseaux d'eau, d'assainissement et d'egouts pluviaux et reconstruction de la rue (recommandation clans le rapport) 5.8 Seance d'information publique : Garden Street (de City Road a Coburg Street) - Renouvellement de ('infrastructure et reconstruction de la rue (Recommendation : Recevoir pour information) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine du patrimoine — du 19 au 25 fevrier 2024 8. Delegations et presentations 8.1 Autonomiser Ies femmes d'affaires 3 9. Audiences publiques 9.1 Audience publique pour la fermeture de rues sur des portions du chemin Red Head et du chemin Hewitt (1" et 2e lecture) 10. Etude des arretes municipaux 10.1 Presentation publique — Proposition de modification du plan municipal — 901 Foster Thurston Drive 10.2 Modification de I'arrete relatif a la circulation — rue Sydney (de la rue Duke a la rue Broad) (11e et 2e lecture) 10.3 Modification du plan municipal et modification de I'arrete de zonage avec conditions en vertu de I'article 59 - 1440, chemin Loch Lomond (3electure) 10.4 Modification de I'arrete de zonage avec conditions de I'article 59 - 172 City Line (3e lecture) 10.5 Modification de I'arrete relatif aux vehicules de location (3e lecture) 10.6 Arrete relatif a la fermeture des chemins — Retail Drive (3e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Location d'un espace au rez-de-chaussee de la rue Saint Patrick a Rock Solid Ventures Inc. 17.2 Convention conditionnelle d'achat et de vente- 26-28 Retail Drive 17.3 Strategie de cession de quatre proprietes appartenant a la Ville 17.4 City Market nouveau bail avec la Wild Carrot 18. levee de la seance CI bbo cd x �-I t4 -r-I u 'o a) v -rl > 10 N f� r I a) 4 4-1 a) rt a a) U �4 ro r-I o o r-i 4-) r-i r� 4-) -r-I o a) w -H rl o a� h u O A O a-) ,� rl a) U) -P >1 a) [!) a) (10 U) r r4 U) rc: rd +- a� m a� � a h � M O N z 0 .H 4J 0 -1 4J CO N N N Ecu CO a)U) -_ � .� ,� ro E rl d M V N re 0 10 ro u a) J + z 0 H a� 04 4J w N 0 Y E a O7 (n '0 S4 a N Cl) +J N f0 U 4 J C 3 --_ _ 3� C F-I 0-0 g O +J N C, 3� p c U) _ o LO J se 0) 3 > 00 10 L 4J U H n - a i4 aB d N 4J H Q +J H 10 „ 00 N x r- r x 0 U E }� L (1) o ■� ■ L Co a }+ (6 r TOM 1�1 IOC.. fi i II TOM IV IV w V VON _ ■� L r N I O C� W w a a� b a� CIO �i irmw"-,.w Ln ca Ln O r �i M il E L E Cj) CL 0 (D I ISO I w V _ L � •� N L a .� N r U Ul COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 5, 2024 AT 6:30 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Deputy Mayor John MacKenzie Councillor Ward 1 Joanna Killen Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Chief Financial Officer K. Fudge Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Acting Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Call to Order Q91 COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 1.1 Land Acknowledaement Councillor Harris read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, 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 The Saint John Symphony Youth Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of January 22, 2024 Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the minutes of January 22, 2024 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the agenda for February 5, 2024 be approved with the addition of 17.1 Access License Agreement with Saint John Energy for Solar Energy Projects. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-028: Designation of a By -Law Enforcement Officer — Olamilekan Balogun, Common Council appoint Olamilekan Balogun as a by-law enforcement officer for various City By-laws, the appointment being more fully described in the attachment to the submitted report. 5.2 RESOLVED that as recommended in the submitted report M&C 2024-033: Designation of a By -Law Enforcement Officer — Brian Brown, Common Council appoint Brian Brown as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law, the appointment being more fully described in the attachment to the submitted report. 5.3 RESOLVED that as recommended in the submitted report M&C 2024-0332: Designation of By -Law Enforcement Officer — Tyler Thomas, Common Council appoint Tyler Thomas as by-law enforcement officer for the Saint John Parking By-law and Saint 21 COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 John Traffic By-law, the appointment being more fully described in the attachment to the submitted report. 5.4 Forwarded to 14.1 Moved by Councillor Harris, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively, items 5.1-5.3, with the exception of item 5.4 which has been pulled for discussion as item 14.1, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report and Staff Presentation — 172 City Line (1st and 2nd Reading) Acting Commissioner Growth and Community Services A. Poffenroth introduced the proposed amendment to the Zoning By -Law which amends Schedule "A" the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6174 square metres, located at 172 City Line from Integrated Development (ID) to Mid - Rise Residential (RM) to convert the existing building into a multiple unit dwelling. Staff and PAC are aligned with respect to the recommendation. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the application with no one presenting. The Mayor called for members of the public to speak in favor of the application with the following presenting: • Eric de Jong City Line Holdings Ltd. the Applicant • Jody Kliffer Real Estate and Development Manager Envision Saint John citing the need for housing in the current housing crisis. Mayor Noade Reardon closed the public hearing. Moved by Councillor Hickey, seconded by Councillor Ogden: 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 6174 square metres, located at 172 City WA COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM), 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" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 6174 square metres, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM), 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 Municipal Plan and Zoning By -Law Amendment with Planning Advisory Committee report and Staff presentation — 1440 Loch Lomond Road (1st and 2nd Reading) Acting Commissioner Growth A. Poffenroth introduced the proposed amendment to the Municipal Development Plan and the Zoning By -Law for 1440 Loch Lomond Road to permit residential development. Staff and PAC are aligned with respect to the recommendation. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the application with the following presenting: • Seamus Hanley resident Old Lake Trail citing the lack of diversity of single-family homes being included in development. • Edward Miller resident Douglas Avenue citing the lack of community facing entrances, car centric development. • Trudy Hanley resident Old Lake Trail citing the lack of diversity to include single- family homes. The Mayor called for members of the public to speak in favor of the application with the following presenting: • Eric de Jong City Line Holdings Ltd. the Applicant • Jody Kliffer Real Estate and Development Manager Envision Saint John citing the need for housing in the current housing crisis. Mayor Noade Reardon closed the public hearing. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" W COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable 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 Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area classification; and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "A Law to Amend the Municipal Plan By - Law." Moved by Councillor Hickey, seconded by Councillor Stewart: 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 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM); and rezoning a parcel of land having an area of approximately 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), 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 Hickey, seconded by Councillor Sullivan: 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 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM); and rezoning a parcel of land having an area of approximately 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read a second time. MOTION CARRIED. 0z! COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 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 Public Presentation — Proposed Municipal Plan Amendment re: 241-281 Douglas Avenue Acting Commissioner of Growth and Community Development A. Poffenroth advised of the public presentation for a proposed rezoning and amendment to the Municipal Development Plan for five residential properties undergoing strategic acquisition by the Province of New Brunswick. The properties will be consolidated with that occupied by the New Brunswick Museum and will facilitate construction of the proposed museum addition. The Public Notice of the 30-day review period was read into the record 10.2 Traffic By -Law Amendment re: McNamara Drive (31d Readina) Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By - Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "L-2" — 40 km/h Speed Limits by adding McNamara Drive, be read. MOTION CARRIED. The by-law entitled "By -Law Number MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" was read in its entirety. Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number MV-10.1 A By -Law to Amend a By - Law respecting the Traffic on Streets in The City of Saint John and amendments thereto" amending Schedule "L-2" — 40 km/h Speed Limits by adding McNamara Drive, be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number MV-10.1 A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John and amendments thereto." 10.3 Vehicles for Hire By -Law Amendment (1 st and 2nd Readin Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" be amended by repealing and replacing Section 10(1)(i) paragraph(iii) with "in 2020 and all subsequent years, ten (10) years old or newer", be read a first time. MOTION CARRIED OR COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 Read a first time by title, the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John." Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John" be amended by repealing and replacing Section 10(1)(i) paragraph(iii) with "in 2020 and all subsequent years, ten (10) years old or newer', be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled "By -Law No. M-12 A By -Law respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in The City of Saint John." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal The CAO provided an update on two infrastructure projects, Ihtoli-maqahmok (Market Slip), and the two new school developments. Updates on advocacy projects - affordable housing and post -secondary education were also provided. Moved by Councillor Norton, seconded by Councillor Hickey: RESOLVED that the Chief Administrative Officer update on select catalytic projects and advocacy be received for information. MOTION CARRIED 12.2 Waste Wise First Year Anniversary Results Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that as recommended in the submitted report M&C 2024-029: Waste Wise First Year Anniversary Results Common Council receive and file this report and Council approve a presentation by Circular Materials at a future meeting date. MOTION CARRIED 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 2024 Field Arena Floor and Court Rates Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that the 2024 Field Arena Floor and Court Rates be frozen for the current year and await the forthcoming subsidization policy recommendation. 41.1 COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 MOTION DEFEATED with Councillors Hickey, Norton, Lowe, Stewart and Sullivan voting nay. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that as recommended in the submitted report M&C 2024-027. 2024 Field, Arena Floor and Court Rates, Common Council approve a 3% rate increase for the 2024 Field, Arena Floor and Tennis Court rates as listed in table 1.0 of M&C Report 2024-027. MOTION CARRIED WITH Councillors Harris, Radwan and Ogden voting nay. 15. General Correspondence 15.1 D. Hersey: By -Law request related to use of pellet puns (Recommendation: Refer to CAO for review and appropriate follow-up) Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the D. Hersey by-law request related to the use of pellet guns be referred to the Chief Administrative Officer for review and appropriate follow-up. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Access License Agreement with Saint John Energy for Solar Energy Projects Moved by Councillor Radwan, seconded by Councillor Harris: RESOLVED that the City enter into an Access License Agreement in the form as presented to Committee of the Whole at its meeting held February 5, 2024, with the Power Commission of the City of Saint John (Saint John Energy) for access to city -owned lands identified as PIDs 51771 (700 Woodward Ave), 331330 (1800 Loch Lomond Road), and 55058945 (707 Samuel Davis Drive), (collectively referred to as the "Sites") and that the Mayor and Clerk be authorized to sign the said Access License Agreement and any other documents ancillary thereto. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on February 5, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:35 p.m WA COMMON COUNCIL / CONSEIL COMMUNAL February 5, 2024 / le 5 fevrier 2024 K-11 COMMON COUNCIL REPORT M&C No. 2024-46 Report Date February 12, 2024 Meeting Date February 20, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Thorne Avenue Rail Crossing Safety Improvement - Federal Funding AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Tim O'Reilly Michael Hugenholtz J. Brent McGovern RECOMMENDATION That the City enter into the Agreement for Grade Crossing Improvements, generally in the form as attached to M&C 2024-46, with His Majesty the King In Right of Canada, as represented by the Minister of Transport for Canada, for the purpose of securing funding under the Rail Safety Improvement Program, and that the Mayor and Clerk be authorized to execute the said Agreement for Grade Crossing Improvements and any other documents ancillary thereto. EXECUTIVE SUMMARY The City of Saint John contributes to the functioning and safety of the 18 rail crossings of public roadways in our community. The City became responsible to improve the safety of the rail crossing on Thorne Avenue, just west of Thorne/Bayside (Kane's Corner). The improvement involved installing a physical centre median on the west side of the rail crossing to assist in preventing motorists from crossing the rail tracks when a train is approaching. City staff worked with both the responsible railway and federal and provincial regulators to both develop the safety improvement plan and seek infrastructure capital funding from the Federal Rail Safety Improvement Program (RSIP). The City was successful in a funding application. This report recommends Council endorsement of a draft funding agreement that is required, in part, to secure this funding. PREVIOUS RESOLUTION N/A Wel -2- REPORT The City of Saint John, as a road authority, is responsible for aspects of rail crossings. Responsibilities are defined in part by Federal Grade Crossing Regulations. These regulations indicate road authorities are responsible for the design, construction, and maintenance of road approaches to rail crossings. City staff participated in consultations associated with functioning of the rail crossing on Thorne Avenue, just west of Bayside Drive, in 2022. The topic of the consultations involved the need to improve protections that would prevent a motorist from entering the rail crossing when a train was approaching. This rail crossing included rail gates at the time of the consultations that protected five travel lanes. Consultations involved the responsible rail company (New Brunswick Southern Railway, NBSR) as well as representatives of regulators at both the federal (Transport Canada) and the provincial (Department of Transportation & Infrastructure) levels. At the conclusion of the consultations, it was determined that a change to the eastbound road approach was required. The change involved the introduction of a centre median to support shortened rail gate arms. The shortened arms would protect four travel lanes and the added median would protect the fifth (centre) lane. Because the median would be built on the road approach, the City was the party responsible to construct the median as per the cited federal regulations. City staff was made aware of the Federal Rail Safety Improvement Program (RSIP) that would, with a successful application, secure federal funding for the installed median. The City proceeded to install a centre median using temporary curbing to abide by the City's obligation in a timely way. The temporary centre median is picture below. City staff also proceeded with an application to the RSIP. The funding application included a request to secure 80% of the funding for the temporary median as 10191 -3- well as the design and construction of a permanent (concrete curbing) median. City staff worked with NBSR to include their costs of modifying the rail gates as part of the RSIP application. City staff was recently advised the City's funding application was approved. The RSIP requires formal adoption of a resolution supporting the funding request before a funding agreement is finalized and ratified. Common Council is being requested to endorse the draft agreement, attached to this report. Pending the final agreement presented to the City is confirmed to be materially unchanged from the attached version (including via review by the General Counsel Office), the resolution in this report provides the necessary authority for the Mayor and City Clerk to ratify the final agreement. STRATEGIC ALIGNMENT This report supports two Council priorities: • MOVE: Continued provision of safe transportation • PERFORM: Exploring opportunities for cost sharing SERVICEAND FINANCIAL OUTCOMES This project will assure the City of Saint John remains in compliance with its obligations under the Federal Grade Crossing Regulations. The total project cost is estimated at $202,524.00. City staff offset the City's 20% contribution toward the installation of the temporary median in the 2022 General Fund Operation Budget. The same will be accomplished for the 20% share of the design and construction costs in the 2024 and 2025 operating budgets, respectively, as part of the overall program of improving road safety. The permanent median will be planned to be constructed in 2025, if not sooner. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached draft funding agreement and advised on the recommendation of this report. ATTACHMENTS Draft Federal Funding Agreement for Council's consideration 31 ! agk CANADA — CITY OF ST-J N RAIL SAFETY IMPROVEMENT PROGRAM AGREEMENT FOR GRADE CROSSING IMPROVEMENTS This Agreement is made as of the date of last signature BETWEEN: HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of Tranoort ("Canada") AND continued or incorporated pursuant to the Bylaw(s) No ...................... (the "Recipient"), individually referred to as a "Party' and collectively referred to as the "Parties". RECITALS WHEREAS the Minister of Transport is responsible for the Program entitled the Rail Safety Improvement Program ("Program"); WHEREAS the Recipient has submitted to Canada a proposal for the funding of the Project which qualifies for support under the Rail Safety Improvement Program; AND WHEREAS the Recipient is responsible for carrying out the Project and Canada wishes to provide financial support for the Project and its objectives; NOW THEREFORE, the Parties agree as follows: 1. INTERPRETATION 1.1 DEFINITIONS In addition to the terms defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this Section. "Agreement" means this contribution agreement and all its schedules, as may be amended from time to time. "Agreement End Date" means September 30, 2027. "Asset" means any real or personal property or immovable or movable asset acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terns and conditions of this Agreement. "Asset Disposal Period" means the period commencing from the Effective Date and ending on the Agreement End Date. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to the Project in return for financial consideration. "Declaration of Completion" means a declaration in the form substantially prescribed in Schedule E (Declaration of Completion). "Effective Date" means the date of last signature of this Agreement. "Eligible Expenditures" means those costs incurred that are directly related to the Project and which are considered eligible by Canada and may include cash -equivalent expenditures associated with In -Kind Contributions as set out in Schedule A (Eligible and Ineligible Expenditures). 'Fair Value" means the amount that would be agreed upon in an arm's length transaction between knowledgeable, willing parties who are under no compulsion to act. "Final Claim Date" means no later than March 31, 2026. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "Guide" means the Guide to Railway Charges for Crossing Maintenance and Construction prepared by the Canadian Transportation Agency, applicable to the year that the work was completed. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) P "In -Kind Contributions" means non -monetary contributions of goods, services or other support provided by the Recipient, or to the Recipient by a third party for the Project, for which Fair Value is assigned, but for which no payment occurs. The associated cash - equivalent expenditures may be considered Eligible Expenditures in accordance with Schedule A (Eligible and Ineligib'e Expenditures) "Project" means the project as described in Schedule B (The Project). "Project Application Date" means the date Canada received the Recipient's application to the Program as described in Schedule B.2 (Project Budget and Cashflow). "Project Completion Date" means the date at which all funded activities of the Project under this Agreement have been completed and which must be no later than March 01, "System" means a secure, self-contained, collaborative web application developed by Canada for the management and monitoring of federal contribution agreements. "Third Party" means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. "Total Financial Assistance" means funding from all sources towards Eligible Expenditures of the Project, including funding from the Recipient and federal, provincial, territorial, and municipal governments as well as funding from all other sources, including In -Kind Contributions. 1.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty express. implied or otherwise, is made by Canada to the Recipient except as expressly set out in this Agreement. 1.3 DURATION OFAGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date subject to early termination in accordance with this Agreement. 1.4 SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A- Eligible and Ineligible Expenditures Schedule B - The Project Schedule C - Certificate(s) of Compliance for Claims Schedule D - Communications Protocol Schedule E - Declaration of Completion 2. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide funding to the Recipient for the Project. 3. OBLIGATION OF THE PARTIES 3.1 CONTRIBUTION BY CANADA a) Canada agrees to pay a contribution to the Recipient of not more than eighty percent (80%) of the total Eligible Expenditures for the Project but only up to a maximum of one hundred sixty two thousand, nineteen dollars ($162,019.00). b) Canada will pay the contribution in accordance with the terms and conditions of this Agreement and the Fiscal Year breakdown in Schedule B.2 (Project and Cashflow). Canada's contribution cannot be reallocated between the projects for the duration of this Agreement unless otherwise accepted by Canada. c) If Canada's total contribution towards the Project exceeds eighty percent (80%) of the Project's total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred percent (100%) thereof, Canada may recover the excess from the Recipient or reduce its contribution by an amount equal to the excess. RSIP ITR City of St. John Contribut.on Agreement (2023-2025) 091 d) The Parties acknowledge that Canada's role in the Project is limited to making a financial contribution to the Recipient for the Project and that Canada will have no involvement in the implementation of the Project or its operation. Canada is neither a decision -maker nor an administrator to the Project. 3.2 COMMITMENTS BY THE RECIPIENT a) The Recipient will complete the Project in a diligent and timely manner, within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement. b) The Recipient will be responsible for all costs of the Project including cost overruns, if any. c) The Recipient will not reallocate funds between the Projects, unless otherwise accepted by Canada d) The Recipient will inform Canada promptly of the Total Financial Assistance received or due for the Project. e) The Recipient will repay to Canada any payment received for disallowed costs, unexpended contributions and overpayments made under and according to the terms and conditions of this Agreement. f) The Recipient will ensure the ongoing operation, maintenance, and repair of any Asset in relation to the Project as per appropriate standards, during the Asset Disposal Period. g) Canada may request that the Recipient declare to Canada any amounts owing to the federal Crown, under legislation or contribution agreements that constitute an overdue debt. The Recipient recognizes that any such amount owing is a debt due to the federal Crown and may be set-off by Canada in accordance with Section 18.6 (Set-off by Canada). g) The Recipient will inform Canada immediately of any fact or event that could compromise wholly or in part the Project. h) Upon Canada's request and throughout the term of the Agreement, the Recipient will promptly provide Canada with updates to the Project status and the Project expenditures and forecasts set out in Schedule B (The Project). 3.3 APPROPRIATIONS AND FUNDING LEVELS Notwithstanding Canada'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 Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. 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 or the federal Grown's main or supplementary estimates expenditures. Canada will promptly advise the Recipient of any reduction or termination of funding once it becomes aware of any such situation. 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. 3.4 FISCAL YEAR BUDGETING a) The amount of the contribution payable by Canada for each Fiscal Year of the Project is set out in Schedule B.2 (Project and Cashfiow). b) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is less than the estimated amount in Schedule 13.2 (Project and Cashfiow), the Recipient may request that Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Section 3.3 (Appropriations and Funding Levels), Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of Project funding will require appropriation adjustments or federal Crown approvals. c) In the event that any requested re -allocation of Project funding is not approved, the amount of Canada's contribution payable pursuant to Section 3.1 (Contribution by Canada) may be reduced by the amount of the requested re -allocation. If the contribution payable by Canada pursuant to Section 3.1 (Contribution by Canada) 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 RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 34 as appropriate. 3.5 CHANGES DURING THE LIFE OF THE PROJECT a) Where a change to this Agreement is contemplated, the Recipient will submit to Canada a request for a change. b) Where the change is approved by Canada and in accordance with Section 18.14 (Amendments): the representatives of the Parties identified in Section 18.16 (Notice) will execute the corresponding amendment to the Agreement in the System for insignificant changes to the Project; or ii. the Parties will execute the corresponding amendment to the Agreement for significant changes to the Project. c) Canada will determine whether the change is significant or insignificant. 3.6 INABILITY TO COMPLETE PROJECT If, at any time during the term of this Agreement, one or all of the Parties determine that it will not be possible to complete the Project for any reason, the Party will immediately notify the other Party of that determination and Canada may suspend its funding obligation. The Recipient will, within thirty (30) business days of a request from Canada, provide a summary of the measures that it proposes to remedy the situation. If Canada is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 15 (Default) and Canada may declare a default pursuant to Section 15 (Default). 3.7 GUIDELINES The Recipient will complete the Project, or cause the Project to be completed, in accordance with all applicable laws, regulations and prevailing industry standards for such design and construction and all applicable building and design codes. 4. RECIPIENT REPRESENTATIONS AND WARRANTIES The Recipient represents and warrants to Canada that: a) the Recipient has the capacity and authority to enter into and execute this Agreement by resolution of its Board of Directors, dated b) the Recipient has the capacity and authority to carry out the Project; c) the Recipient has the requisite power to own the Assets; d) this Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms and conditions; e) all information submitted to Canada as set out in this Agreement is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) any individual, corporation or organization that the Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing Canada on the Recipient's behalf, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; g) the Recipient has not and will not make a payment or other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, or corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act; h) there are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. The Recipient will inform Canada immediately if any such action or proceedings are threatened or brought during the term of this Agreement; and i) the Recipient is in good standing under the laws of the jurisdiction in which it is required to be registered. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) W 5. [INTENTIONALLY OMITTED] 6. CONTRACT PROCEDURES 6.1 AWARDING OF CONTRACTS a) The Recipient will ensure that Contracts are awarded in a way that is transparent, competitive, consistent with value -for -money principles, or in a manner otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. b) If Canada determines that the Recipient has awarded a Contract in a manner that is not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Contract to be ineligible. 6.2 CONTRACT PROVISIONS The Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to ensure that: a) the Third Party 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 six (6) years after the Agreement End Date and that the Recipient has the contractual right to audit them; b) all applicable labour, environmental, and human rights legislation are respected; and c) Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the Project and will have free access to the Project sites and to any documentation relevant for the purpose of audit. 7. ENVIRONMENTAL AND IMPACT ASSESSMENT 7.1 REQUIREMENTS UNDER APPLICABLE ENVIRONMENTAL OR IMPACT ASSESSMENT LEGISLATION a) The Recipient agrees that no construction, physical activity or site preparation may be carried out in relation to the Project, and no funds or additional funds for any Eligible Expenditure for the Project will be payable by Canada to the Recipient, unless and until the requirements under the applicable federal environmental or impact assessment legislation are met and continue to be met. b) Canada may consent in writing that the construction, physical activity or site preparation be carried out for the portion of the Project not subject to federal environmental or impact assessment and funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 7.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS The Recipient will comply with, to the satisfaction of Canada and at the Recipient's own expense, any conditions related to the Project referred to in paragraph 7.1 (Requirements Under Applicable Environmental or Impact Assessment Legislation) and will ensure access to Project sites, facilities, and documentation in accordance with paragraph 11.6 (Access). 7.3 CHANGES TO PROJECT OR OTHERWISE a) If, as a result of changes to the Project or otherwise, Canada is of the opinion that requirements under the applicable federal environmental or impact assessment legislation are required for the Project, the Recipient agrees that construction of the Project or any other physical activity that is carried out in relation to the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds for any Eligible Expenditure for the Project will become or will be payable by Canada to the Recipient unless and until those requirements are met and continue to be met. b) Canada may consent in writing that the construction, physical activity or site RSIP — iTR — City of St. John Contribution Agreement (2023-2025) 36 preparation be carried out for the portion of the Project not subject to federal environmental or impact assessment and funds or additional funds for any Eligible Expenditure will be payable by Canada for the portion of the Project not subject to federal environmental or impact assessment. 8. INDIGENOUS CONSULTATION The Parties agree that the legal duty to consult does not arise for the Projects. 9. CLAIMS AND PAYMENTS 9.1 PAYMENT CONDITIONS a) Canada will not pay interest for failing to make a payment under this Agreement. b) Canada will not pay any claims submitted after the Final Claim Date, unless otherwise accepted by Canada. c) Canada will not pay any claims until the requirements under Section 7 (Environmental and Impact Assessment) and Section 8 (Indigenous Consultation), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada. 9.2 PROGRESS CLAIMS a) The Recipient will submit progress claims to Canada covering the Recipient's Eligible Expenditures in a form acceptable to Canada. Each progress claim must include the following: i. a certification by a senior official designated in writing by the Recipient in the form set out in stating that the information submitted in support of the claim is accurate; ii. a breakdown of Eligible Expenditures claimed, in accordance with Schedule B.2 (Project and Cashfiow); iii. documentation to support the Eligible Expenditures claimed that is satisfactory to Canada. b) Canada will make a payment upon review and acceptance of a progress claim, subject to the terms and conditions of the Agreement. 9.3 FINAL CLAIM AND FINAL ADJUSTMENTS a) The Recipient will submit a final claim to Canada by the Final Claim Date covering the Recipient's Eligible Expenditures in a form acceptable to Canada. The final claim must include the following: i. a certification by a senior official designated in writing by the Recipient in the form set out in Schedule C.2 (Certificate of Compliance for Final Claim) stating that the information submitted in support of the claim is accurate; ii. a breakdown of Eligible Expenditures claimed, in accordance with Schedule B.2 (Projects and Cashfiow); iii, confirmation of the Total Financial Assistance in accordance with Section 3.2 c) (Commitments by the Recipient) in the form set out in SchedWe C.2 (Certificate of Compliance for Final Claim); iv. a completed Schedule E (Declaration of Completion) in accordance with Section 9.5 (Declaration of Completion); V. upon request by Canada, any of the documents referenced in Schedule E (Declaration of Completion); and vi. documentation to support the Eligible Expenditures claimed that is satisfactory to Canada. b) Upon receipt of the Final Claim, but before issuing the final payment, the Parties will jointly carry out a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. RSIP — ITR — City of St John Contribution Agreement (2023-2025) KYA 9.4 WITHHOLDING OF CONTRIBUTION Canada may withhold up to percent ( -%) of its contribution towards Eligible Expenditures claimed under the Agreement. Any amount withheld by Canada will be released when the final adjustments have been completed under Section 9.3 (Final Claim and Final Adjustments) and the Recipient fulfills all its obligations under this Agreement. 9.5 DECLARATION OF COMPLETION a) Prior to executing the Declaration of Completion, the Recipient will request confirmation in writing from Canada as to whether the Declaration of Completion lists all relevant documents. b) The Declaration of Completion must be signed by an authorized official of the Recipient as deemed acceptable by Canada, and it must list all relevant documents as determined by Canada. 9.6 THE SYSTEM The System will be used to process claims and payments, monitor the Agreement and adjust and amend Schedule B (The Project) under this Agreement in accordance with Section 3.5 (Changes to the Project) and 18.14 (Amendments)_ 10. [INTENTIONALLY OMITTED] 11. AUDIT, EVALUATION AND MONITORING FOR COMPLIANCE 11.1 RECIPIENT AUDIT Canada may, at its discretion, conduct a Recipient audit related to this Agreement during the term of this Agreement and up to two years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Section 18.3 (Accounting Principles). 11.2 [INTENTIONALLY OMITTED] 11.3 EVALUATION The Recipient agrees to cooperate with Canada in the conduct of any evaluation of the Program during or after the term of this Agreement. 11.4 CORRECTIVE ACTION The Recipient agrees to ensure that prompt and timely corrective action is taken in response of any audit findings and recommendations conducted in accordance with this Agreement. 11.5 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 six (6) years after the Agreement End Date. 11.6 ACCESS The Recipient will provide Canada and its designated representatives with reasonable and timely access, at no cost, to the Project sites, facilities, and any documentation for the purposes of audit, evaluation, inspection and monitoring compliance with this Agreement. 12. COMMUNICATIONS 12.1 COMMUNICATIONS PROTOCOL The Parties will comply with Schedule D (Communications Protocol). 12.2 RECOGNITION OF CANADA'S CONTRIBUTION The Recipient will acknowledge Canada's contribution in all signage and public communication produced as part of the Project or Agreement, in a manner acceptable to Canada, unless Canada communicates in writing to the Recipient that this acknowledgement is not required. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 38 12,3 PUBLIC INFORMATION The Recipient acknowledges that the following may be made publicly available by Canada: a) its name, the amount awarded by Canada, and the general nature of the Project; and b) any evaluation or audit report and other rev2ews related to this Agreement. 12.4 OFFICIAL LANGUAGES a) The Recipient will ensure that basic information is available in both official languages. b) The Recipient will communicate in such a manner as to address the needs of both official language communities. 13. INTELLECTUAL PROPERTY a) All intellectual property that arises in the course of the Project will vest in the Recipient. b) The Recipient will obtain the necessary authorizations, as needed, for the implementation of the Project, from third parties who may own the intellectual property rights or other rights in respect of the Project. Canada will assume no liabihty in respect of claims from any third party in relation to such rights and to the Agreement. 14. DISPUTE RESOLUTION a) The Parties will keep each other informed of any issue that could be contentious by exchanging information and will, in good faith and reasonably, attempt to resolve potential disputes. b) Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the issue. c) Any payments related to the issue in dispute will be suspended, together with the obligations related to such issue, pending resolution. d) The Parties agree that nothing in this section will affect, alter or modify the rights of Canada to terminate this Agreement. 15. DEFAULT 15.1 EVENTS OF DEFAULT The following events constitute Events of Default under this Agreement: a] the Recipient has not complied with one or more of the terms and conditions of this Agreement; b) the Recipient has not completed the Project in accordance with the terms and conditions of this Agreement; c) the Recipient has submitted false or misleading information to Canada or made a false or misleading representation in respect of the Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Recipient, to Canada's satisfaction; d) the Recipient has neglected or failed to pay Canada any amount due in accordance with this Agreement. 15.2 DECLARATION OF DEFAULT Canada may declare a default if`7 i In Canada's opinion, one or more of the Events of Default occurs; ii. Canada gave notice to the Recipient of the event which constitutes an Event of Default; and iii. the Recipient has failed, within thirty (30) business days of receipt of the notice from Canada, either to remedy the Event of Default or to notify Canada and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 061 Default. 15.3 REMEDIES ON DEFAULT In the event that Canada declares a default under Section 15.2 (Declaration of Default), Canada may exercise one or more of the following remedies, without limiting any remedy available to it at law: a) suspend any obligation by Canada to contribute or continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) terminate any obligation of Canada to contribute or continue to contribute funding to the Project, including any obligation to pay any amount owing prior to the date of such termination; c) require the Recipient to reimburse Canada all or part of the contribution paid by Canada to the Recipient; d) terminate the Agreement. 16. LIMITATION OF LIABILITY AND INDEMNIFICATION 16.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 16.2 LIMITATION OF LIABILITY In no event will 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. 16.3 INDEMNIFICATION The Recipient will at all times indemnify and save harmless 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 Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of the Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties. 17. ASSETS a) Assets acquired, purchased, constructed, rehabilitated or improved, in whole or in part, through the course of the Project will be the responsibility and remain the property of the Recipient. b) The Recipient will ensure that any Asset will be preserved, maintained, and used for the purposes of the Project, and that no Asset will be sold, leased, encumbered or otherwise disposed of, directly or indirectly, during the Asset Disposal Period, unless the Recipient notifies Canada in advance and in writing, and Canada consents to such Asset disposal. c) Upon alternate use or disposal of any Asset, which includes selling, leasing and RSIP -- ITR — City of St. John Contribution Agreement (2023-2025) 40 encumbering, or otherwise disposing of, directly or indirectly, during the Asset Disposal Period, the Recipient will reimburse Canada, at Canada's discretion, all or part of the contribution paid under this Agreement by Canada to the Recipient. 18. GENERAL 18.1 PUBLIC BENEFIT The Parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. 18.2 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 18.3 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 finnnr lly accepted accounting practices and principles in effect in Canada as defined in the Chartered Professional Accountants (CPA) Canada Handbook - Accounting or, where applicable, the CPA Canada Public Sector Accounting Handbook. 18.4 DEBTS DUE TO THE FEDERAL CROWN Any amount owed to Canada under this Agreement by the Recipient will constitute a debt due to the federal Crown, which the Recipient will reimburse Canada forthwith on demand. 18.5 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN Debts due to the federal Crown by the Recipient will accrue interest in accordance with the federal Interest and Administrative Charges Regulations. 18.8 SET-OFF BY CANADA Any debt due to the federal Crown by the Recipient may be set-off against any amounts payable by Canada to the Recipient under this Agreement. 1&7 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it that is not otherwise available to the public. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 18.8 CONFLICT OF INTEREST 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 applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 1 &9 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 Canada and the Recipient or between Canada and a Third Party. b) The Recipient will not represent Itself, Including in any agreement with a Third Party, as a partner, employee or agent of Canada. 18.10 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and any Third Party contains a provision to that effect. RSIP ITR - City of St. John Contribution Agreement (2023-2025) 10 !II 18.11 ASSIGNMENT The Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by the Recipient to assign any of the rights, duties or obligations of this Agreement without Canada's express written consent is void. 18.12 COUNTERPART SIGNATURE This Agreement and all documents contemplated by or delivered under or in connection with this Agreement may be executed and delivered in any number of counterparts (including by electronic signature, facsimile or other means of electronic transmission, such as by electronic mail in "PDF" form), with the same effect as if all Parties had signed and delivered the same document, and all counterparts shall together constitute one and the same original document. 1&13 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. 1 & 14 AMENDMENTS This Agreement, including its schedules, can only be amended in writing by the Parties. Notwithstanding, insignificant changes made to Schedule B (The Project) in accordance with Section 3.5 (Changes during the Life of the Project) may be done through the System. 18.15 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. 18.16 NOTICE a) Any notice, information or required documentation provided for under this Agreement must be delivered in person or sent by mail, email, messenger or facsimile to the identified representatives of the Parties at the following coordinates, unless otherwise specified by Canada: Canada: Director, Transportation Infrastructure Program Transport Canada Place de Ville, Tower C, 1911 Floor 330 Sparks Street Ottawa, Ontario K1A ON5 Email: TC.RSIP-PASF.TC—@tc.gc.ca Recipient: Donna Noade Reardon, Mayor 15 Market Square, Saint John, NB E21- 4L1 b) Such notice will be deemed to have been received: i. in person, when delivered, ii. if sent by mail, email or facsimile, when receipt is acknowledged by the other Party; ill. if sent by messenger or registered mail, when the receiving Party has signed the acknowledgment of reception. c) If a Party changes its representative or the coordinates for that representative, it will RSIP - ITR -- City of St. John Contribution Agreement (2023-2025) 11 42 advise the other Party as soon as possible. 18.17 COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws and regulations and all requirements regulatory bodies having jurisdiction over the subject matter of the Project. 18.18 GOVERNING LAW This Agreement is governed by, and is to be interpreted in accordance with, the applicable federal laws and the laws in force in New Brunswick. The Parties attom to the jurisdiction of the Courts of New Brunsw,ck and all courts competent to hear appeals from the Courts of New Brunswick. 18.19 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 12 :1191 19. SIGNATURES This Agreement has been executed on behalf of His Majesty the King in right of Canada by the Minister of Transport and on behalf of City of f4—A�W by Donna Noade Reardon, Mayor. HIS MAJESTY THE KING IN RIGHT OF City of-W- CANADA S� I t H -% Per: TERESA STEPHENS DIRECTOR, Per: Donna Noade Reardon, Mayor TRANSPORTATION INFRASTURCTURE PROGRAMS Date Data RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 13 44 SCHEDULE A - ELIGIBLE AND INELIGIBLE EXPENDITURES SCHEDULE A.1: ELIGIBLE EXPENDITURES Eligible Expenditures must: - be reasonable and directly related to the Project, as determined by Canada; must not exceed the rates described in the Guide to Railway Changes for Crossing Maintenance and Construction (the "Guide"); - be `ncurred between the Project Application Date and the Project Completion Date; and - consist of the following categories of expenditures. • Staff salaries and benefits; • Purchase and lease of capital assets, technology, equipment and supplies; • Professional services, including accounting, translation. audit and consulting; • Planning, design and evaluation; • Engineering and environmental reviews and follow-up measures; • Expenditures related to construction and rehabilitation of assets (including fees paid to general contractors, labourers and power supply companies, materials, licenses, permits, and the rental of construction machinery and equipment); • Licenses and permits; • Expenditures for Indigenous consultations, specifically Project -related consultation activities pursuant to the Crowns legal duty to consult; • Administrative expenditures (including general administration expenditures, rent, insurance, office equipment rental, and membership fees); • Travel expenditures (including the cost of accommodations, vehicle rental and kilometric rates, bus, train, airplane or taxi fares, allowances for meals and incidentals)_ Travel and per diem expenses cannot be more than the rates and allowances determined in the Travel Directive of the National Joint Council_ available at the following link: http_//www.nic- cnm.o c.ca/d irectiveAndex.php?did=10&dla bel=travel- vova-qe*l ang=ana&me roe=2&slabel=index; • Other costs that are, in the opinion of the Minister or his/her delegated representative, considered to be direct, reasonable, and incremental for the successful implementation of the Project and have been approved in writing prior to being incurred. Eligible Expenditures can be cash -equivalent expenditures associated with In -Kind Contributions. These expenditures may be reimbursed so long as the following three criteria are met: 1) The associated costs are deemed as Eligible Expenditures and have been approved by Canada; 2) The associated costs are not a donation received from a third party; and 3) The associated costs are related to goods, services or other support that would otherwise be purchased and paid for by the Recipient as essential for the Project. In -Kind Contributions received from a third party are considered donations and may form part of the total Eligible Expenditures of the Project, but are not reimbursable. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 1A :111 SCHEDULE A.2: INELIGIBLE EXPENDITURES The following expenditures shall be considered ineligible, and therefore will not be considered in the calculation of the total eligible expenditures of the Project: • Costs incurred before the Project Application Date or after the Project Completion Date; • Excess overhead charges; o Recipients are eligible to include up to 15% of the total TC contribution in overhead costs. A cut-off is imposed to ensure that Canada's contribution goes primarily to direct costs, i.e., costs that are completely attributable or directly tied to implementation of the Project and the achievement of the Project/Program outcomes. • Cost overruns that cause the federal contribution to exceed the amount outlined in the funding agreement; • Maintenance costs; • Expenditures for provincial sales tax and Goods and Services Tax, or the Harmonized Sales Tax, where applicable, for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; • Purchase of land and/or buildings, related real estate fees, and vehicles; • Leasing of land, buildings, equipment and other facilities, except for equipment directly related to the completion of the Project; • Financing charges and interest payments on loans; • Expenditures that have been reimbursed from other sources of funding, federal statutes or funding programs; and; • Personal mileage to and from Recipient's employees' homes. RSIP — ITR — City of St. John Contribution Agreement (2023-2025) 15 46 SCHEDULE B —THE PROJECT SCHEDULE B.1: PROJECT DESCRIPTION Project Description: The Project involves grade crossing improvements in the City of Saint John n the Province of New Brunswick as described in the Schedule B.2 (Project and Cashflow) Objective(s): The objective of the Project is to enhance public safety at the public grade crossing described in Schedu'e B.2 (Project Budget and Cashflow) to reduce the risk of collisions, fatalities and injuries. Activities: The Project consists of improvements to the crossings described In Schedule B.2 (Project and Cashflow) through undertaking the following activities: • New sensors, detectors, and intelligent transportation system • Improve signage in the form of variable message sign upstream from the Fail crossing • Interconnect with traffic signals • Install "Railway crossing ahead" sign Project Outcomes: In order to illustrate how the Project will contribute to rail safety, the Recipient will collect performance data and report on the following performance indicators that the Project will contribute to: • Number of locations with rail safety improvements to reduce collisions, fatalit'es, and injuries. • Number of locations that had their existing waming system upgraded. • Number of locations where additional lights were installed. This data is collected only for the purpose of performance measurement and reporting to Canadians. RSI P — ITR -- City of St. John Contribution Agreement (2023-2025) 16 # � )§ �§ ■m R CDa I 2& $$ I§ m � co ■� §LL � kElL k to �eq a �2 wo � k 8 ■ �2� \ § 2 ��� k ■ �k� 8 ■ gem � �■ �A � \ k ��� � 2 ■ �E2 2 R � E � % f°k� ) fR $to § &� §w I 2 /�\ § 6 R .2acj 0_m— , CO, $ K 5 ES=;& 2 )m%dam / ) \a`fP '§ ; f L / k � 10 N. r�o� kk)\k 'a 0 % $ 0'0 3 &-S0E Z1. k Aa222 I tm E �/2a eta ZaE£; ■■«« k e z � a a F, fl, SCHEDULE C - CERTIFICATE(S) OF COMPLIANCE FOR CLAIMS SCHEDULE C.t: CERTIFICATE OF COMPLIANCE FOR PROGRESS CLAIM [INSTRUCTION FOR RECIPIENTS' PLEASE DO NOT COMPLETE THIS CERTIFICATE AT THE TIME OF SIGNING THE AGREEMENT. THIS CERTIFICATE IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING CLAIMS FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES] In the matter of the Agreement entered into between His Majesty the King in right of Canada. as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name), concerning the [PROJECT NAME] Project (the "Agreement"). I, (Name), of the City/Town of Provincerrerritory of , declare as follows: 1. That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION1 dated [DATE)_ 3. t have read and understood the Agreement and the progress claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certtficate and to ensure that the information contained herein is true and accurate. 4. The expenditures claimed are Eligible Expenditures in accordance with the Agreement. 5. The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in al I respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. Dated, this day of 20T Signature RSIP - Recipient Name - Contribution Agreement (20XX-20XX) 18 SCHEDULE C 2: CERTIFICATE OF COMPLIANCE FOR FINAL CLAIM [INSTRUCTION FOR RECIPIENTS: PLEASE DO NOT COMPLETE THIS CERTIFICATE AT THE TIME OF SIGNING THE AGREEMENT. THIS CERTIFICATE IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING CLAIMS FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES] In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name)r concerning the [PROJECT NAME] Project (the "Agreement"). 1, (Name), of the CityfTown of ProvincefTenitory of follows: , declare as 1 _ That I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. 2. 1 am duly authorized by the Recipient to give this Certificate under [RECIPIENT INSERTS THE COMPLETE REFERENCE TO THE BY LAW OR INTERNAL POLICY AUTHORITY THAT ALLOWS THEM TO PROVIDE THIS CERTIFICATION] dated [DATE]. 3. 1 have read and understood the Agreement and the final claim submitted by the Recipient thereunder dated the same date as this Certificate and have knowledge of the business and affairs of the Recipient and have made such examinations or investigations as are necessary to give this Certificate and to ensure that the information contained herein is true and accurate. 4_ The Recipient, at the date of this Certificate, has performed all covenants under the Agreement that are required to be performed by it on or prior to that date. 5. The expenditures claimed are Eligible Expenditures in accordance with the Agreement 6. All representations and warranties of the Recipient contained in the Agreement are true and accurate in all respects at the date of this Certificate as though such representations and warranties had been made at the date of this Certificate. 7. The Project as defined in the Agreement has been completed. jlfapplicable, add:] 8. The Project, to the best of my knowledge and belief, conforms to the applicable federal environmental or impact assessment legislation. flf applicable, add:] 9. All applicable mitigation measures, accommodation measures and follow-up measures required to be performed during the Project implementation as a result of Indigenous consultations have been implemented. 10. The Total Financial Assistance received or due for the Project in accordance with Section 3.2 c) (Commitments by the Recipient) is as follows: [INCLUDE ALL TOTAL FINANCIAL ASSISTANCE RECEIVED OR DUE] 11. This Certificate of Compliance does not preclude any rights of Canada to verify, audit or inspect as per the terms and conditions of the Agreement. 12. The Recipient is not entitled to payment of any amount under the Agreement, other than any amount requested by the Recipient in accordance with the Agreement on or prior to the date of this Certificate. Dated, this day of 20. Signature IRS IP — Recipient Name — Contribution Agreement (20XX-20XX) 19 50 SCHEDULE D - COMMUNICATIONS PROTOCOL GENERAL 1. Canada and the Recipient agree to undertake joint communications activities and products that will enhance opportunities for open, transparent, effective and proactive communications with citizens through appropriate, continuous, and consistent public information activities that recognize the contribution of the Parties and, where applicable, any other contributor. 2. The mechanisms for such communications and public information activities and products will be determined by Canada. 3. All public information material in relation to this Agreement will be prepared jointly and in both official languages and will equitably reflect the. funding of all contributors to the Project. This requirement is not needed for tendering documents; the Recipient will carry out any tendering processes in accordance with its own policies, guidelines and governing laws. COMMUNICATING WITH THE PUBLIC Public Information Products The Parties may jointly develop information kits, brochures, public reports, social media messages and website material for the public about the Project. News Releases A joint news release may be issued when the Agreement is signed and/or at appropriate milestones such as the start of Project work or completion of the Project. A news release may include quotations from a federally, provincially, or municipally elected official or, where applicable, any other contributor. Canada must agree on these quotations. Press Conferences, Public Announcements and Other Joint Events The Parties will co-operate in organizing press conferences, announcements or official ceremonies. Canada should also agree on the messages and public statements at such events. No public announcement for the Project under this Agreement wdl be made by the Recipient or, where applicable, any other contributor, unless Canada has been informed of it at least thirty (30) business days in advance. Either Party may organize a joint press conference. The requestor will give the other Party reasonable notice of at least thirty (30) business days of such a press conference, public announcement or joint event. jUse the "Signage" paragraph if applicable to your Program, or after consultation with your Communications Advisor on a Project -by -Project basis] Signage Prior to the implementation of the Project under this Agreement, the Recipient will advise Canada if it will produce and install a sign to recognize federal funding. Any Signage will be supplied, erected, and maintained by the Recipient. This sign must follow Federal Identity Program guidelines, in both official languages specifying that the Project is financed by contributions from the Government of Canada and the Recipient, and must be reviewed and approved by Canada COMMUNICATION COSTS The eligibility of costs related to communication activities that provide public information on this Agreement will be subject to Schedule A (Eligible and Ineligible Expenditures) and must be agreed to in advance by Canada. RSIP — Recipient Name — Contribution Agreement (20XX-20XX) 20 51 SCHEDULE E -- DECLARATION OF COMPLETION [INSTRUCTION FOR RECIPIENTS: PLEASE DO NOT COMPLETE THIS DECLARATION AT THE TIME OF SIGNING THE AGREEMENT. THIS DECLARATION IS ONLY TO BE COMPLETED AND SIGNED AT THE TIME OF SUBMITTING THE FINAL CLAIM FOR REIMBURSEMENT OF ELIGIBLE EXPENDITURES) In the matter of the Agreement entered into between His Majesty the King in right of Canada, as represented by the Minister of Transport, and [RECIPIENT] (the "Recipient"), represented by (Name), concerning the [PROJECT NAME] Project (the "Agreement"). I, (Name), of the City/Town of Province/Territory of , declare as follows: 1. 1 hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. a) I have received the fotkiwing documents for the [PROJECT NAME] Project: [LIST NAME OF RELEVANT DOCUMENT(S), e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.) signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] b) Based on the above documents and the representations made to me by the professionals identified in section 2(a) above, I declare to the best of my knowledge and belief that the Project has been completed, as described in Schedule B.1 (Project Description)„ as defined in the Agreement, on the day of the 20_. [Insert #3, if applicable:) I have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with the guidelines referenced in Section 3.7 (Guidelines) of the Agreement: [LIST NAME OF RELEVANT DOCUMENT(S), e.g. Certificate of Completion, Certificate of Performance, Occupancy Permit, etc.] signed by (Name), a (Profession, e.g. professional engineer, professional architect or other applicable professional) for the Project. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] [Insert #4, if applicable.-] I have received the following documents and based on these documents and representations made to me by the professionals identified below, l declare to the best of my knowledge and belief that the Project conforms with, as applicable, the (LIST THE APPLICABLE ENVIRONMENTAL REVIEW OR ASSESSMENT e.g., the Canadian Environmental Assessment Act, 2012 Impact Assessment Act or Northern Regime): I . [LIST NAME OF RELEVANT DOCUMENT(S)] signed by (Name), an (Profession, e.g. environmental consultant or other applicable professional). ii. [ADD SAME TEXT AS IN i FOR EACH DOCUMENT] RSIP — Recipient Name - Contribution Agreement (20XX-20XX) 21 52 5. All terms and conditions of the Agreement that are required to be met as of the date of this declarabon have been met. becared at (Cityrrown), in (Prov:ncerrerritory) this I day of 20 Signature RSI P - Recipient Name - Contribution Agreement (20XX-20XX) 22 6v COMMON COUNCIL REPORT M&C No. 2024-048 Report Date February 15, 2024 Meeting Date February 20, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Proposed Public Hearing Date for 730-740 Foster Thurston Drive and 1670 Hickey Road AUTHORIZATION Primary Author Acting Director Acting Chief Commissioner Administrative Officer Jennifer Kirchner David Amy Poffenroth J. Brent Dobbelsteyn McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law Rezoning application submitted by Murdock & Boyd Architects for 730-740 Foster Thurston Drive (PIDs: 00052746; 551150809; 55150791; and 00052654) and for the Section 59 Amendment Application submitted by Joyce E. Barrett for 1670 Hickey Road (PID: 55221790) for Tuesday, April 2, 2024 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 Rezoning applications received and to recommend an appropriate public hearing date for this application. The next available public hearing date is Tuesday, April 2, 2024. 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 REPORT 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. 6'il -2- In response to the motion above, this report indicates the application received and recommends an appropriate public hearing date. Details of the application is available in the Common Clerk's office and will form part of the documentation at the public hearing. Name of Location Existing Proposed Reason Applicant Zone Zone Murdock & 730-740 Rural (RU) Major To facilitate the Boyd Foster Community expansion of Architects Thurston Facility (CFM) the Glenn C Drive (PIDs: arpenter 00052746; Centre. 55150809; 55150791; 00052654) Name of Location Zone Reason Applicant Joyce E. 1670 Hickey Neighbourhood To facilitate an addition onto an Barrett Road (PID: Community existing special care facility . 55221790) Facility (CFN) While the holding of public hearings for proposed Zoning By-law amendments and rezonings 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: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 3% annual property tax base growth and ongoing work to increase the target. 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 6191 f{F j err J. COMMON COUNCIL REPORT M&C No. 2024-042 Report Date February 14, 2024 Meeting Date February 20, 2024 Service Area Human Resources Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Diversity, Equity, and Inclusion Policy Statement AUTHORIZATION Primary Author I Commissioner/Dept. Head Chief Administrative Officer Dianne McQuade -Clark I Stephanie Hossack J. Brent McGovern RECOMMENDATION: It is recommended that Common Council adopt the following Diversity, Equity, and Inclusion (DEI) Policy Statement pertaining to diversity, equity, and inclusion for the City of Saint John's workforce and volunteers acting on behalf of the City, The City of Saint John, as an Employer, values diversity, equity, and inclusion in the workplace. We strive to create a workplace where differences in background, experiences, and views are understood, respected, and accepted by all. We celebrate our differences and consider them to be organizational strengths. Further, Common Council directs the Chief Administrative Officer to develop and implement a workforce policy on diversity, equity, and inclusion with authorization to make changes to the policy as required. EXECUTIVE SUMMARY The purpose of this report is to bring forward a DEI Policy Statement applicable to the City's workforce and volunteers who act on behalf of the City. The purpose of the DEI Policy Statement is to establish the foundation for the development of a DEI Policy and initiatives to be undertaken to support diversity, equity, and inclusion across the workforce and within the workplace. The DEI Policy Statement and subsequent policy will foster cohesiveness amongst employees to promote a healthy work environment where differences in background, experiences and views are respected and accepted. The benefit of fostering such a culture in the workplace will extend to the community and affect how employees and volunteers interact with the residents of Saint John. PREVIOUS RESOLUTION N/A 67� -2- REPORT Many organizations, whether in the public or private sectors have invested in and implemented diversity, equity, and inclusion policies and actions over the past decades. These organizations do so for a number of reasons; employee morale and engagement, attraction and retention of talent, increased productivity through greater inclusivity, higher social consciousness, or creating a culture shift. Whatever an organization's reasons for implementing such a policy, most recognize that the workplace is more diverse and want to harness the value of difference in background, experiences, and views. The City of Saint John' DEI Policy Statement, and subsequent policy, applies to all employees and any volunteers serving on behalf of the City of Saint John. All City employees and volunteers are expected to demonstrate respect and inclusivity in accordance with the policy statement to create and sustain a respectful and welcoming work environment for all. At the core of the DEI Policy Statement are three primary goals. These goals represent the ideal state of achieving a diverse, equitable, and inclusive workplace that we continue to strive for: 1. To have a respectful and welcoming workplace free of any discrimination, biases, and barriers. 2. To attract and retain a talented and skilled workforce that is reflective of the diversity within our community. 3. To recognize and respect the needs of diversity of employees by having all programs and communications created with a diversity and inclusive lens. Embracing a diverse, equitable, and inclusive workplace is a journey that all City employees must be dedicated to take to learn and grow as an organization. As a nation, Canada continues to grow as a diverse and inclusive country and society, and it is important that the City, as an Employer, undertake deliberate and meaningful actionsthat continue to improve understanding and acceptance in the workplace for all. STRATEGIC ALIGNMENT The DEI Policy statement aligns with Common Council's priority of Belong. SERVICE AND FINANCIAL OUTCOMES Although the purpose of the development and implementation of a DEI Policy Statement does not focus on increased workforce productivity, the collaborative effect of understanding and acceptance of others' backgrounds, experiences and 6'tl -3- points of view should drive enhancement in service to the different communities employees serve in Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The DEI Policy Statement was reviewed by, and input sought from Growth and Community Services, Community Inclusion team to ensure alignment with the City's community inclusion plans. A presentation was also made to the Abilities Advisory Committee early in the development of the DEI Policy Statement. ATTACHMENTS N/A 611:3 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2024-044 Report Date February 08, 2024 Meeting Date February 20, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Tender for Asphaltic Concrete Mixes AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer John Muscarenhus Michael Hugenholtz J. Brent McGovern RECOMMENDATION It is recommended that the seasonal tender for the supply of asphaltic concrete mixes be awarded as follows: • Pre -Construction Season (April 22nd, to May 2nd, 2024) - NRB Construction Company Ltd. • Construction Season (May Construction Company Ltd. 3rd, to November 5th, 2024) — NRB • Post Construction Season (November 6th, 2024, to plant close) — NRB Construction Company Ltd. EXECUTIVE SUMMARY Every year the City of Saint John issues a tender for the supply of asphaltic concrete mixes to secure a source of asphalt for its various roadway maintenance initiatives. The tender closed on February 6th, 2024, with two bids meeting the City's requirements. The bid received from NRB Construction Company Ltd. is the lowest bid for the "before/after" and during construction season. On average, asphalt prices have stabilized in 2023; but are still 31% higher than in 2022. Every effort is being made to adjust the program delivery to reflect such an increase in unit costs. However, it may result in a reduced amount of work performed within the allotted budget constraints which is $249,000 less than what was budgeted for in 2023 PREVIOUS RESOLUTION This is an annual maintenance program. 611%] -2- REPORT Each year the City of Saint John tenders for the establishment of a supply agreement for the provision of asphaltic concrete mixes to guarantee a supply of asphalt. This product is used by Public Works and Transportation Services for a variety of tasks, including asphalt restoration of utility cuts, roadway and sidewalk repairs, roadway overlays, and miscellaneous maintenance projects. Traditionally there are three seasons for asphalt: the normal construction season when production is at its peak and the product is readily available; and the pre -post - construction seasons, when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre -season, another price for the construction season, and a third price for the post -season. In this instance, City staff recommends the bidder with the earliest opening date for the pre -construction season coupled with the lowest bid for all "seasons". The City of Saint John makes use of the Ontario Ministry of Transportation performance grade asphalt cement price index in all its asphalt -related tenders. In summary, an end -of -season adjustment is made for each monthly change in the MTO Price Index and applied to the asphalt at the time of purchase, with the Tender Opening date being the base month. Adjustments are only made if month -over - month price fluctuations are greater than 5%. This is a way for the City to share in some of the risks of price fluctuations, leading to lower overall prices for asphalt as the suppliers are not required to include this risk in their pricing. STRATEGIC ALIGNMENT This report best aligns with the following Council priorities: • MOVE: offering safe and accessible movement of people and goods on roads, • PERFORM: seeking cost -competitive asphalt prices, responding to customer inquiries related to road maintenance including pothole patching, and adjusting the program plan in the face of a significant rise in asphalt unit costs. SERVICEAND FINANCIAL OUTCOMES The total estimated value of the 2024 supply contract is approximately $1,014000 for all Public Works and Transportation Services' roadway maintenance programs ($325,000 for the patchwork, roadway and sidewalk maintenance, and $689,000 for the Saint John Water cut reinstatement program). Asphalt costs have risen significantly since 2022, and the funding in our operating budget has not kept pace. Our planned programs will need to be adjusted accordingly. This could result in the -3- elimination of the asphalt overlay program for the 2024 construction season as was communicated with the presentation of the draft budget in June of last year. After our first budget analysis for 2024, we intend to review our options to reinstate the overlay program, as it assists in the maintenance of our priority 3 and 4 roadways. The 31% increase over 2022 in asphalt costs can also result in costs above the allocated budget to reinstate Saint John Water Cuts as these can't be left open. To mitigate the price increase, City staff intends to undertake more of a "blended pavement management strategy" that includes, Pothole repairs, Skin patching (Sand/Seal), & Milling Overlays on low -traffic back roads. The purchase of asphaltic concrete mixes is a planned expenditure and funds to cover the programs are included in the 2024 Operating Budget. The supply agreement does not require us to purchase any minimum amounts so there is no risk to the City with purchasing less in response to the increased unit prices. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on January 23rd, 2024, and closed on Tuesday, February 61", 2024, with two compliant bids received. The results of the tender (excluding HST and haulage rates) are: City of Saint John Tender Summary 2024-561001T Asphaltic Concrete Mixes Tender Opening: 2:30:00 P.M., Tuesday, February 6th"i 2024 NRB CONSTRi:CTION CO'1IP.A\`Y LTD. GAL BR-MTH CON STRL"CTIOS LTD. Before Season Construction After Season Before Season Construction After Season Season Season Start date till Nov.6- till Close Start date Ill Nov (^+till Close May 2nd May 31— Nov5th May 2"d. May 31 till Nov_5th 1 SUPERPAVE 19,5mm 1TONNE 120.00 105.00 120.00 140.00 120.00 140.00 .3 to <.3 million ESALS 2 SUPERPAVE 9.5mm,-FONNE 130.00 112.DO 130.00 145.DO 123.OD 14D.00 .3 to <3 million ESALS 3 SUPERPAVE 4.76mm1T0NNL 145.00 137.00 145A0 165.00 160.09 170.00 _3 to <3 million ESALS OPENING DATE April 22, 2024 April 22, 2024 CLOSING DATE November 29, 2024 December 6, 2024 Supply Chain Management and Public Works & Transportation Services staff have reviewed the tenders and found them to be complete and formal in every regard. Staff believe that all tenderers have the necessary resources and expertise to perform the work. Since NRB Construction Company Ltd. commences their asphalt plant operation at the earliest, April 22n6, 2024, all items awarded reflect the lowest bidder within the pre/post and during the construction period, namely. • The low tender bidder for the "Before Season" and "After Season" is NRB Construction. AI -4- • The low tender bidder for the "During construction season" is NRB Construction. The above process is in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS N/A I' COUNCIL REPORT M&C No. 2024-056 Report Date February 14, 2024 Meeting Date February 20, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Fleet Replacement Procurement — February 2024 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Chief Administrative Officer Kevin Loughery/ Chris Roberts Michael Hugenholtz/ Ian MacKinnon J. Brent McGovern RECOMMENDATION It is recommended that Common Council award the purchase of two (2) Tandem Refuse Packers at a total cost of $966,390.00 plus HST to Saunders Equipment Ltd. EXECUTIVE SUMMARY The City manages a fleet of approximately 289 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 93 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, over 30 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 tandem refuse packers in this recommendation are to replace unit 643, a 2016 Freightliner Packer with an ORP index of 24, and unit 648, a 2016 Freightliner Packer with an ORP index of 25. In both cases, the lifetime W -2- maintenance costs have exceeded the initial purchase price of each of these units. PREVIOUS RESOLUTION Not applicable. REPORT The City's Fleet Services Division manages a fleet of eleven (11) sanitation packers; ten (10) tandem refuse packers and one (1) mini packer utilized by Public Works and Transportation Services. Sanitation packers are popular vehicles specifically designed to collect and compact residential refuse, compost, and recyclables. The first tandem refuse packer in this report is to replace unit 643, a 2016 Freightliner Packer, which was purchased on October 6, 2014, and entered service on April 9, 2015. Unit 643 has a current odometer reading of 206,683 kilometers and is quickly approaching the end of its useful life with an ORP of over 24. It has incurred $277,289.62 in lifetime maintenance costs with $84,893.39 occurring in the last 24 months. The second tandem refuse packer in this report is to replace unit 648, a 2016 Freightliner Packer, which was also purchased on October 6, 2014, and also entered service on April 9, 2015. Unit 648 has a current odometer reading of 204,717 kilometers and is quickly approaching the end of its useful life with an ORP of over 25. It has incurred $313,284.70 in lifetime maintenance costs with $105,072.32 occurring in the last 24 months. The escalating lifetime maintenance costs for both units are expected to continue and have surpassed the initial purchase prices of these units. These pieces of equipment were both considered toolboxes via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. The new tandem refuse packers in this recommendation are like -for -like replacements. 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 2024 capital budget. The funds specifically are provided for in the General 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 — PUBLIC WORKS AND TRANSPORTATION SERVICES AND SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for Tandem Refuse Packer. As such the RFP closed on February 7, 2024, with only one proponent responding by submitting a proposal: COMPANY NAME RFP PRICE* Saunders Equipment Ltd. $966,390.00 *Excluding HST A review committee, consisting of staff from Supply Chain Management, PWT and Fleet Services reviewed the submission 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 The proposal from Saunders Equipment Ltd. met all the technical requirements at a cost acceptable to staff. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS None ARI COUNCIL REPORT M&C No. 2024-030 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement: City of Saint John — Millidgeville Boat Ramp Rehabilitation (Construction) AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Mikel Lester Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Millidgeville Boat Ramp Rehabilitation Project in the form and upon the terms and conditions as attached to M&C No. 2024-030; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction portion of the Millidgeville Boat Ramp Rehabilitation project. PREVIOUS RESOLUTIONS October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. January 9, 2022: M&C 2023-005 - Community Investment Fund Agreement: City of Saint John — Improvements (Design Services) — Millidgeville Boat Ramp Renewal, approved October 30, 2024: M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved January 8, 2024: M&C 2024-007; Community Investment Fund Agreement: City of Saint John — Millidgeville Boat Ramp Rehabilitation (Phase 2) C�� -2- REPORT RDC will reimburse the City for a portion of the City's costs associated with the construction for the Millidgeville Boat Ramp Rehabilitation Project. The City has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $190,000.00 toward the services required to execute the construction of the boat ramp upgrades as designed. As per the agreement, the project must be completed, and all claims received by RDC by March 31st, 2025. The proposed project is to rehabilitate the existing deteriorated asphalt boat ramp, upgrading it with a new concrete boat ramp fitted with a floating dock and aluminum pedestrian gangway. The new boat ramp will improve safety, accessibility, and ease of operation for boaters. It is anticipated that the design and tendering of the project will be completed in early to mid 2024, with construction of the boat ramp to be completed in late summer of 2024, however this estimated timeline is contingent on favorable weather, water levels, and procurement of goods and services. STRATEGIC ALIGNMENT The project aligns with Council's priority to BELONG and PERFORM as it will improve recreation programming while improving users' quality of life by providing improved accessibility to our oceans/rivers. In addition, through exploring funding opportunities such as the RDC funding, the City leverages viable opportunities to improve its infrastructure. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $190,000.00 towards the project. As a result of the proposed 60% / 40% funding model, the City will be responsible for 60% of the construction costs for the project. Within the City's approved 2024 General Fund Capital Program, the Millidgeville Boat Ramp Rehabilitation project was proposed to be funded by a $210,000.00 Other share and a $315,000.00 City share. The difference between RDC's contribution and the City's Capital Program Other share ($190,000 vs $210,000) for this project is because the City will receive the HST rebate directly from the Canadian Revenue Agency as it is not an eligible expense in the RDC funding agreement. AYA -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office. ATTACHMENT 1) Project No: 17077 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John - Millidgeville Boat Ramp Upgrades. C:�:3 New'ANouveau Brunswick C A N A D A January 24, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E21L 4L1 SUBJECT: Project No.: 17077 Project Name: The City of Saint John — Millidgeville Boat Ramp Upgrades Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $190,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.qnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2025. Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca Page 2 Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the contract. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to December 1, 2023 are not considered eligible expenses under this offer. Page 3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdrCaD-gnb.ca. Please note that failure to do so within 46 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at 476-0608 or francine.scott@gnb.ca. We look forward to the successful completion of this project. Sinc ely, Cade Libby President Enc. cc: Trevor Holder, MLA Saint John Portland Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17077 — Millidgeville Boat Ramp Upgrades Mayor: CAO: Date: 71 Appendix A Project 17077 The City of Saint John - Millidgeville Boat Ramp Upgrades Total Approved Contribution 2024-2025 Community Development Fund $190,000 Project Total: $190,000 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Engineering $60,957 Sanitary work $24,050 Storm sewer work $2,150 Access $116, 765 Concrete $114,400 Misc. & contingency $138,200 HST (28.57%) $19,564 Total $476,086 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. Objectives OC_U pg radeCa p italAssets roil Regional Development Corporation: claim No: New%,l�Nouveau P.O. Box 6000, Fredericton, New Brunswick E3B 6H1 Brunswicl� Community Development Fund 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: Project Name: 17077 The City of Saint John- LAllidgeville Boat Ramp Upgrades Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total H:ST { Total Eligible & supported casts (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality �l 22.33% - university J 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. l j Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122-320-14-14 122320-14-14 Payment request For effiee use only Claim Reviewer Project Officer Payment Authority 4275 account Date Date Claim Auditor rig] a cVp � 40. a a d 12, 4) y : d � o y v too o . be� v v, .NN, c v 0 � 0U 'S, � � �•o brio 0 � ,O m g �� mom' O U Cs at 'rn �+ A w `� ° i w w pop. c U o O U CD o00 x' xCI-4 zoz�`� 0 0 o c d • • • • A A rLl _fir17J lrh1 COUNCIL REPORT M&C No. 2024-037 Report Date February 14, 2024 Meeting Date February 20, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Contract No. 2023-13: St. Paul Street (Winter Street to End) - Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction AUTHORIZATION Primary Authort1an missioner/Dept. Head Chief Administrative Officer Holly Young Fogan/ hael Baker J.BrentMcGovern RECOMMENDATION It is recommended that Contract No. 2023-13: St. Paul Street (Winter Street to End) - Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction be awarded to the lowest tenderer, Steele Trucking Ltd., at their tendered price of $808,352.83 (including HST) as calculated based on estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract No. 2023-13: St. Paul Street (Winter Street to End) - Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction project to the low tenderer. PREVIOUS RESOLUTIONS January 22, 2024: M&C 2024-015 — Public Information Session: St. Paul Street (Winter Street to End) - Water, Sanitary, and Storm Sewer Renewal and Street Reconstruction, approved. October 17t", 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. REPORT The 2023 approved Water & Sewerage Utility Fund and General Fund Capital Programs include funds for the reconstruction of St. Paul Street (Winter Street to End). The work on St. Paul Street includes the replacement of the existing water MID -2- main and sanitary sewer, installation of a new storm sewer for separation, and full street reconstruction. The work also includes new concrete curbs and sidewalk, grass median, roadway granular material, asphalt, trees, and street signage. TENDER RESULTS Tenders closed on January 301h, 2024 with the following results, including HST: 1. Steele Trucking Ltd. $ 808,352.83 2. Fairville Construction Ltd. $ 813,987.25 3. MIDI Construction Ltd. $ 825,452.75 4. Friars Excavation Ltd. $ 828,062.10 5. Galbraith Construction Ltd. $ 892,428.75 6. L. Sanford and Son Ltd. $ 897,172.32 7. L.C.L. Excavation (2006) Ltd. $ 927,411.75 8. TerraEx Inc. $ 945,144.75 The Engineer's estimate for the work was $1,005,761.25. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects except for the tenders from Friars Excavation Ltd. and from TerraEx Inc. Upon detailed review following the Tender Opening, the tenders submitted by Friars Excavation Ltd. and TerraEx Inc. each contained an error in mathematics. In accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.11 (u)(i), the errors in mathematics were corrected and the correct total was used for evaluation purposes and reported above in the tender results. Based on reference checks completed by staff, staff are of the opinion that the low tenderer has the necessary resources and ability to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2023 Water & Sewerage Utility Fund and General Fund Capital Programs. Other Share funding for the project will come from the Canada Community Building Fund (CCBF). Assuming the award of the Contract to the low tenderer, an analysis has been completed, which includes the estimated amount of work to be performed by the Contractor and Others. The analysis is as follows: Budget $ 1,059,000 Project Net Cost $ 795,845 Variance (Surplus) $ 263,155 01-1 -3- Ili1414V=9: 1►107: 1ilk] 1►We] &0]►RI1: 14aIus] ►Kkil►1111R a This recommendation aligns with the Council's policy for the tendering of construction contracts, adhering to the City's General Specifications and specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, GREEN, and PERFORM as the project involves reconstructing sections of a city street currently in poor condition while leveraging Other Share funding. The work also includes installing a new storm sewer, allowing for separation of sanitary sewer and storm sewer flows within the project limits. The street reconstruction design incorporates elements to promote a more livable environment. A few of the noteworthy improvements are: • Sidewalks - Replacement of aging sidewalks with new concrete curb and sidewalk will improve pedestrian infrastructure, while enhancing the quality of life for members of the community. • Pedestrian Crossings - Will be included on the sidewalks flush with the asphalt roadway surface, to ease access for all users of the pedestrian transportation infrastructure. • Grass Median and Trees - The addition of a grass median provides greenspace between the road and the property line or sidewalk thereby enhancing the public space along St. Paul Street. • Newly planted street trees. The grassed median and trees align with the vision established in the Council's priorities. • While the existing end of street could not provide for a cul-de-sac due to an existing large retaining wall supporting Burpee Avenue, the design provides continuity with the existing conditions, supports the work of operational requirements, and will be improved with grubbing and clearing where possible. Planned cost sharing through the CCBF Program supports the PERFORM council priority. By leveraging funding opportunities, the City leverages viable opportunities to improve its infrastructure. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure along St. Paul Street (Winter Street to End), is currently in poor condition and requires replacement. This infrastructure renewal effort reduces the likelihood of future service disruptions for residents, addressing potential failures in the existing infrastructure. Additionally, the project includes the separation of stormwater and sanitary sewer flows within the project limits further contributing to the overall improvement of the area's infrastructure. No -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was reviewed with Public Works and Transportation. The tendering process for this project was completed in accordance with the City's Procurement policy and Supply Chain Management supports the recommendation being put forth. Staff consulted with the Saint John Ability Advisory Committee on the planned work for St. Paul Street (Winter Street to End). ATTACHMENTS N/A N-11 COUNCIL REPORT M&C No. 2024-047 Report Date February 14, 2024 Meeting Date February 20, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Public Information Session: Garden Street (City Road to Coburg Street) — Infrastructure Renewal and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer John Campbell Ian Fogan/Michael Baker Brent McGovern RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of the Public Information Session that will be held in relation to the Garden Street (City Road to Coburg Street) — Infrastructure Renewal and Street Reconstruction project. PREVIOUS RESOLUTIONS May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund (Revision II) — 2022 Capital Programs, approved. October 3, 2022: M&C 2022-308 — 2022 Bilateral Program Projects — Reserve Funding & Pre -Approval of 2023 Utility Program Funding, approved. October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. April 17, 2023: M&C 2023-98 - 2023 General Fund and Utility Fund Capital Budget Update, approved. December 11, 2023: M&C 2023-268 — Contract 2022-05 Garden Street (City Road to Coburg Street) Infrastructure Renewal and Street Reconstruction, approved. 0611 -2- REPORT The approved 2022 and 2023 Water & Sewerage Utility Fund and General Fund Capital Programs include a project for the design and construction of water, sanitary and storm sewer renewal and street reconstruction for Garden Street, between City Road and Coburg Street. The Tender for Garden Street closed on November 71h, 2023 and the Contract was awarded to Terraex Inc. at the December 11, 2023 Council Meeting. Construction is expected to begin in early May 2024 and continue until October 2024. This project will have a considerable impact on traffic and residents in this area during construction. There will be long-term lane closures, detours and a full closure of Garden Street between Hazen and Coburg Streets. It is for these reasons that staff have decided to hold a Public Information Session to allow residents and businesses an opportunity to view the project drawings, ask questions and give their feedback. The following Public Information Sessions will be held: Garden Street (City Road to Coburg Street) Tuesday, February 271h, 2024 4pmto8pm Grace Presbyterian Church —101 Coburg Street This report is being provided for the information of Council and to extend an invitation to any Councillor who may wish to attend the Public Information Session. The Public Information Session will be advertised on the City's website, and a notice will be delivered door to door in the project area. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, MOVE, GREEN AND PERFORM as the project includes reconstructing a City street that is currently in poor condition while leveraging Other Share funding. SERVICEAND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the water and sewer infrastructure will reduce the likelihood of future service disruptions to the local businesses and residents. The storm water and sanitary sewer flows will be separated on Garden Street, pedestrians will be able to walk on new concrete sidewalks, and cross at new, signalized intersections. The asphalt road resurface will be new, with grass medians added where possible. E:ii] -3- The approved 2022 and 2023 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for the design and construction of the project. "Other Share" funding for the project will come from the Integrated Bilateral Funding Program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS E-11I PROCLAMATION WHEREAS: The second week in February is provincially recognized as a time to celebrate our heritage; and WHEREAS: The third Monday in February is National Heritage Day in Canada: and WHEREAS. The complex histories which we have inherited from our ancestors play a vital role in providing a unique identity to our City; and WHEREAS: Our built heritage provides us with a legacy to maintain, to enrich, and to hand down to future generations; and WHEREAS: Our diverse cultural landscapes continue to play a vital role in developing the rich social fabric of our city; and WHEREAS: This year's theme: Discover our innovations / Decouvres nos innovations urges us to celebrate the innovators among us today and those whose contributions have shaped our present; NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the week of February 19' — 25' as Heritage Week in the City of Saint John and urge all citizens to support and participate in cultural activities occurring throughout the City. 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Public Hearing for Street Closure for Portions of Red Head Road and Hewitt Road AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille Melanie Tompkins, K.C. J. Brent McGovern RECOMMENDATION That Council provide 1st and 2nd reading to the proposed Amendment to "A By - Law Respecting the Closing of Roads, Streets or Highways in the City of Saint John", the purpose of which is to close a 1,441 square meter portion of a public street known as Red Head Road and a 695 square meter portion of a public street known as Hewitt Road. REPORT The owners of the property at 1530 Red Head Road have requested that the City initiate the process to stop -up and close two adjoining portions of public street, one being Red Head Road, having an area of 1,441 square meters and the other being Hewitt Road having an area of 695 square meters for the purpose of consolidating it with an adjoining property at 1530 Red Head Road (PID 00468827). These two areas are landscaped and serve no benefit to the developed portions of the two streets. They are essentially remnant sections of right-of-way when Red Head Road was reconfigured to meet Hewitt Road during the time when Red Head Secondary Access Route was developed. The purpose of this report is to provide the context for the public hearing scheduled for February 20, 2024. PREVIOUS RESOLUTION At its meeting held January 22, 2024, Council resolved as follows: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a portion of Red Head Road, having an area of 1,441 square meters and a portion of Hewitt Road having an area of 695 square meters, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Red Hed Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick" (attached), be set for Tuesday, February 20, 2024 at 6:30 p.m. in the Council Chamber, 111 -2- 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above, 3. In the event that Common Council gives Third Reading to the By -Law Amendment as stated above, that the City sell the property to Ronald and Brenda Daigle for a purchase price of $2,400.00 plus H.S.T. if applicable, and that the purchaser be responsible for: a. any plan of survey required to initiate the process for the stop -up and closure for a portion of Red Head Road and Hewitt Road, and b. any fees or administrative processes to effect the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. ATTACHMENTS 1. Council Report (M&C No. 2024-13), 2. Public Notice, 3. Street Closing By-law; and 4. Plan of Survey. `N COMMON COUNCIL REPORT M&C No. 2024-13 Report Date January 16, 2024 Meeting Date January 22, 2024 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Attachment 1 - 2024-01-16_CCREP_Stop Up and Closure of Portion of Red Head Road.docx and Hewitt Road AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille Melanie Tompkins J. Brent McGovern RECOMMENDATION 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a portion of Red Head Road, having an area of 1,441 square meters and a portion of Hewitt Road having an area of 695 square meters, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Red Hed Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick" (attached), be set for Tuesday, February 20, 2024 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; 3. That, if Common Council gives Third Reading to the proposed By -Law Amendment as noted above that the City sell the property to Ronald and Brenda Daigle for a purchase price of $2,400.00 plus H.S.T. if applicable, and that the purchaser be responsible for: a. any plan of survey required to initiate the process for the stop -up and closure for a portion of Red Head Road and Hewitt Road; and b. any fees or administrative processes to effect the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute any documents necessary to effect the transaction. EXECUTIVE SUMMARY The owners of the property located at 1530 Red Head Road have requested that the City of Saint John convey two portions of public street, one being Red Head Road, having an area of 1,441 square meters and Hewitt Road having an area of 695 square meters for the purpose of consolidating it with their adjoining property. The two areas of public streets being proposed for stop up and closure are no longer travelled by the public, are landscaped, and serve no benefit to the `m[g] -2- developed portions of the two streets. They are remnant sections of right-of-way stemming from the reconfiguration of the intersection of Red Head Road and Hewitt Road when Red Head Secondary Access Route was developed. The purpose of this report is to seek Council's approval to initiate the stop -up and closure process and seek Council's approval to sell the lands to the adjoining property owner if the decision is made to stop up and close the street. PREVIOUS RESOLUTION N/A REPORT The owners of the property located at 1530 Red Head Road have requested that the City of Saint John convey two portions of public street, one being Red Head Road, having an area of 1,441 square meters and Hewitt Road having an area of 695 square meters for the purpose of consolidating it with their adjoining property. These portions of the streets being proposed for closure are currently unused portions of the street right-of-way and are landscaped. They have not been used as a public right-of-way since Red Head Road was reconfigured to intersect with Hewitt Road during the Red Head Secondary Access project. Public Works and Transportation are supportive of the request to close these two areas of unused street right-of-way as they serve no purpose to the continued maintenance or operation of these two streets. There is no other public infrastructure on the lands to be conveyed and staff are supportive of the request from the adjoining property owners. STRATEGIC ALIGNMENT This report aligns with the City's priority of Perform and Grow. SERVICEAND FINANCIAL OUTCOMES The proponent will be responsible for all costs related to the process to consider a stop -up and closure for the two portions of street right-of-way. As the area intended to be conveyed is only capable of being used for additional landscaped area, a nominal value for these two areas of $2,400.00 would be paid to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation have indicated there is a municipal ditch in this area that would need to be maintained. This surface drainage system and suitable surrounding land for future maintenance of the ditch is not within the area to be considered for closure. ATTACHMENTS 1. Location map; and 2. Plan of Survey. By -Law Number LG-4 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John re: Red Head Road and Hewitt Road Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Closing of Roads, Streets or Highways In The City of Saint John" at its regular meeting to be held in the Council Chambers on Tuesday, February 20, 2024 at 6:30 p.m. to permanently close the following street RED HEAD ROAD AND HEWITT ROAD: All that portion of Red Head Road and Hewitt Road. being public streets in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising Red Head Road, having an area of 1,441 square metres and Hewitt Road having an area of 695 square metres as shown on a Plan of Survey titled, "Showing portion of Red Head Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated August 29, 2023 attached hereto. FIM jz h ' 57 For details on how to participate in the Public Hearing, to inspect the amendment and plan, or to register to participate please contact the Office of the City Clerk at intjQbn,ca. Written objections to the proposed amendment may be delivered to the City Clerk at: 1. P.O. Box 1971, Saint John, N.B., E21. 41-1; or 2, cityclerk@saintjohn.ca If you require French services for a Common Council meeting, please contact the office of the City Clerk at (506) 658-2862. `R 2!2 BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune r6union du conseil Council of The City of Saint John as communal, The City of Saint John a d6cr&6 follows: cc qui suit: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 10 immediately after Section 9 thereof, as follows: 10 The City of Saint John does hereby stop up and close permanently the following street: RED HEAD ROAD AND HEWITT ROAD: All that portion of Red Head Road and Hewitt Road, being public streets in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising Red Head Road, having an area of 1,441 square metres and Hewitt Road having an area of 695 square metres as shown on a Plan of Survey titled, "Showing portion of Red Head Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated August 29, 2023 attached hereto. 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 ***, A.D. 2024 and signed by: Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par l'ajout de Particle 10 imm6diatement apr&s Particle 9, comme suit: 10 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : RUE RED HEAD ET RUE HEWITT : Tome la partie des rues Red Head et Hewitt, qui sont des rues publiques dans la ville de Saint John, dans le comt6 de Saint John et la province du Nouveau -Brunswick, comprenant la rue Red Head, d'une superficie de 1 441 metres carr6s, et la rue Hewitt, d'une superficie de 695 metres carr6s, comme indiqu6 sur le plan d'arpentage intitul6 « Showing portion of Red Head Road and Hewitt Road, City of Saint John, Saint John County, New Brunswick)), pr6par6 par Hughes Surveys & Consultants Inc. et dat6 du 29 aont 2023, annexe a la pr6sente. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2024, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - 116 E �.I. 0 a c X laQ m' m N o 72° 6 i;gm mE� o�` E Tmz°EEC Na2v _ y Z ' z � S 2 S � C vC oE�E�a pO rnnnnnn p���Lp mUl o G a Z w d O* �• -E E v O (\ 9 _ �E Y 7 C O N c co a pw N U a$ `•�- 6 G c, o 3 a a E W E o . a o m E z o a a a E m C L 3 C.) O a.oK 3 c nl ro- 3 a 14, �. >7 01 m .tt ��.. "'. 5traetJGocUNe Pvpr4ves SQ., fir+, \ \` �Oa..i Qd d Red He '9 34e rue _-- \ g € eo= iA =0 F— �eppoow'oop�ao� 9 � o� v e W gggs� .Q�p¢'egi _ tJ 8 N Q t O TO: Curtis Langille City of Saint John FR: Brenda & Ron Daigle RE: Your email dated Feb. 5. 2024 Pertaining To 1530 Red Head Road Meeting Feb 20t", 2024 Thank you for your email today. As I mentioned when I called your office today, neither myself nor my husband will be attending the meeting. As you are aware, I am a cancer patient and am still in treatment. I did get more results, some of which I was not expecting, and will not divulge that here. My husband will be with me. I do, however, want to point a few things out for your information: (1) We have only been appoached by one neighbour. (2) We do have an adjoining property neighbour that has been our neighbour for many years. When this neighbour returned home after Hughes had put in the stakes, I received a call asking what was going on. (3) I responded that we were looking to purchase that portion of land. (4) In terms of the ditch, we have been here over 25 years and water has never been flowing through that ditch. It pools up on heavy rain and seeps into the soil — just in two small areas. Those areas are in front of our property. (5) If we were to do anything with that ditch, it would be to line it with rock which would not impede the flow of water. The reason for this is that maintaining the grass in the ditch is difficult with the grass growing there which is hard to cut. (6) When the road was changed, the City put a large ditch which goes around the properties. It was designed to handle all the water run off which it does. `§F:3 The main reason we wish to purchase that land is because our driveway ends at our property line and the section from our property line to the road belongs to the city. We need to own that section of driveway so we wont be land- locked. If you need further information, don't hesitate to contact Ron or I. Mel -----Original Message ----- From: Frankie Kasirye <chibbuka77@hotmail.com> Sent: Tuesday, January 23, 2024 5:42 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Closing of Hewitt Road ? [ 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 spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Hello there, Please do not close off Hewitt road, when the Red Head Road by the dykes is impassable or if its too icy on a winter day, that is the road most of us use, like a week ago when we had the the storm surge that closed off Red Head Road Hewitt Road is what most of us used who didn't own Trucks or SUVs, why in this world would u Close it off, Frankie Kasirye. `1001 Dear Sir or Madam, I am vehemently opposed to the permanent closing of the intersection of Red Head Road and Hewitt Road for the following reasons: 1. Red Head Road is sometimes closed to all traffic due to storm surge flooding, leaving residents with Hewitt Road as the only means of leaving or returning to the area. In fact, Red Head Road was closed for about a day and a half already this month. With the increasing impact of climate change, the frequency of these closures will only increase. 2. Further, access to the area for emergency vehicles, mainly fire and ambulance, will be detrimentally affected, putting residents at increased risk. The City could potentially cause an increase in my already expensive home insurance, opening itself to litigation brought by the entire community. 3. The traffic on Red Head Road is already restricted for large trucks, i.e., those with a gross weight over 4500 kg. My understanding is that this restriction is in place mainly to reduce additional damage to the bridge between Midwood Avenue and Battery Road. The proposed closure could result in additional commercial truck traffic, not reduce or eliminate. While a very small part of me would be happy to see this road closure and the elimination of some speeders from Red Head Road, the potential dangers of having a single emergency route does not justify the closure. We were all witness to the terrible tragedy of the fires near Halifax, and the ensuing chaos and panic caused to residents because there was a single ingress and egress road. We don't need to repeat that scenario in Saint John. In summary, closing the intersection of Red Head Road and Hewitt Road is complete lunacy. Sincerely, Stephen A. McPherson 121 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 901 FOSTER THURSTON DRIVE 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. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to Park and Natural Area (within the Primary Development Area), as illustrated below; 2. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 7.93 hectares, located at 901 Foster Thurston Drive, also identified as PID 55242945, from Park and Natural Area (outside of the Primary Development Area) to Park and Natural Area (within the Primary Development Area), as illustrated below. i 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 on Tuesday, February 20, 2024. REASON FOR CHANGE: To include the site within the Primary Development Area to allow for the site to be serviced with municipal services. `PA Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 21, 2024. Enquiries may be made at the office of the Common Clerk or Growth & Community Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 6:00 p.m., Monday through Thursday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk (506) 658-2862 `10491 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 901, PROMENADE FOSTER THURSTON 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 la designation d'un terrain d'une superficie de 7,93 hectares, situee au 901, promenade Foster Thurston, egalement identifie comme NID 55242945, qui passera de parc et aire naturelle (hors du principal secteur de developpement) a parc et aire naturelle (dans le principal secteur de developpement), comme illustre ci- dessous; 2. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 7,93 hectares, situee au 901, promenade Foster Thurston, egalement identifie comme NID 55242945, qui passera de parc et aire naturelle (hors du principal secteur de developpement) a parc et aire naturelle (dans le principal secteur de developpement), comme illustre ci- dessous. 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, le mardi 20 fevrier 2024. RAISON DE LA MODIFICATION: Inclure le site dans le principal secteur de developpement afin de permettre que le site soit desservi par des services municipaux. Les objections ecrites a la modification proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le 21 mars 2024. Les demandes de renseignements peuvent titre presentees au bureau du greffier communal ou aux Services de croissance et de developpement communautaire, Hotel de ville, 15, Market Square, Saint John (N.-B.), entre 8 h 30 et 18 h 00, du lundi au jeudi, inclusivement, jours feries exclus. Jonathan Taylor, greffier communal (506) 658-2862 `M1 DOWto f ontShop p I'1<1'�`�]:�t.; t,IJft.1�1tiG L,1'12 \`>7Rt!CTt'RE SAINT]OHN OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Perm GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS: 901 Foster Thurston Dr Saint John NB PID#: 155242945 W Ln HERITAGEAREA: Y/ N INTENSIFICATION AREA: Y/ N FLOODRISKAREA: Y/ N APPROVED GRADING PLAN: Y/ N Z) LL APPLICATION #: DATE RECEIVED: `^ RECEIVED BY: APPLICANT EMAIL PHONE 647102 NB Ltd erin.schryer@originsnlc.com 506 608 8333 z ° MAILING ADDRESS POSTAL CODE a 658 Gondola Point Rd Rothesay NB E2E 1 L6 CONTRACTOR EMAIL PHONE ° 0 Tidal Renovations davis@remax-sjnb.com 506 333 0282 z — MAILING ADDRESS POSTAL CODE z 212 Gondola Point Rd Rothesay NB E2E 2A3 U OWNER EMAIL PHONE a same as above applicant MAILING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE a -]INTERIOR RENOVATION ❑NEW CONSTRUCTION []VARIANCE ❑STREET EXCAVATION HERITAGE DEVELOPMENT Q Q < ❑EXTERIOR RENOVATION -]ACCESSORY BLDG []PLANNING LETTER ❑DRIVEWAYCULVERT ❑ HERITAGE SIGN -]ADDITION ❑POOL CAPPLICATION ❑DRAINAGE ❑HERITAGEINFILL Q ❑DECK WCOUNCILAPP ❑DEMOLITION ❑WATER&SEWERAGE ❑HERITAGE DEMO Y ❑CHANGE OF USE ❑SIGN ❑SUBDIVISION ❑OTHER ❑OTHER U ❑MINIMUM STANDARDS ❑OTHER ❑OTHER W O z 0 Y n- 0 U V) w 0 ❑1 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 will 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 Hall Building 15 Market Square Saint John, NB E2L I E8 CommonClerk n saintjohn.ca (506)658-2862 The aq C($A . wk. I, the undersigned, hereby apply for the permit(s) or approvol(s), indicated above for the work described an plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Name App Icant Signature Date Wk-1 he'appr ent Shop N.%NNI kl ��I�L.�. IN RA IRI -(AI R.I. SAINT IOHN Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 901 Foster Thurston Dr Saint John APPLICATION # FEE PAID I 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. Please see attached Ref 23034 - Planning Report ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. Standard roadside and utility easements are applicable. 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. egistered Owner or Akithorized Agent se) ate Additional Registered Owner 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 01 127 506.433.4427 (Sussex) 506.652.7358 (Saint John) info@dmse.ca www.dmse.ca Ref: 23034- Plan ning Report January 30, 2023 Mark Reade, P.Eng., RCIP, MCC Senior Planner Growth & Community Services — City of Saint John VIA E-Mail: mark.reade@saintjohn.ca Re: The Park - Connection to Municipal Services This proposed development is located on the former Cherry Brook Zoo property and involves the repurposing of several existing buildings and the addition of a new building to convert the use of the site to a daycare facility. The use is a permitted use in the context of the Municipal Plan and Zoning by-law. The purpose of this application is to allow this existing site to access the existing municipal services located adjacent to the site in Foster Thurston Drive. I N - Mo O SURVEYS & ENGINEERING LTD. Council recently approved a process to subdivide this property and transfer this property to the applicants for the purpose of developing this daycare facility. Historically the zoo property operated on private on -site well and septic system. This system has now been out of service for a number of years, and provincial regulations would require the installation of a new system or the connection to a municipal services system. It is the desire of the applicant to connect to the existing municipal system located in Foster Thurston Drive adjacent to the site. `f��:3 Municipal Plan The Schedule A of the Municipal Plan designates this area as being outside the Primary Development Area. The policies in the Municipal Plan indicate alignment with this area being included in the Primary Development Area. Section 9.1 of the Municipal Plan lists eight goals relative to Municipal Services and Infrastructure. Goal one states: Section 9.1 - Municipal Services and Infrastructure Goals: Goal # 1 - Maximize the use of existing municipal infrastructure to improve efficiency and minimize costs for the residents of the City. Policy MS-2 Discourage infrastructure expansions unless a sound business case that benefits both the City and the developer is provided, or it can be clearly demonstrated there is no existing infrastructure to accommodate the use, and that the use is deemed to be in the interest of the overall community. This site is adjacent to the intersection of Sandy Point Road and Foster Thurston Drive. There are existing water and sewer services located in this intersection. The extension of the Primary Development Area to include this site and the servicing of this site results in the connection of new development to existing municipal infrastructure with no extension or upgrades to the existing public infrastructure. This is a win -win for the City and for the developer. The Developer receives municipal services and the City receives a new connection to its existing infrastructure with no capital costs. T 506.433.4427 4-60 Maple Avenue, Sussex, NB E4E 2N5 T 506.652.7358 520 Somerset Street, Saint John, NB E2K 2Y7 www.dmse.ca info _dmse.ca 1111840.1 Policy MS-4 Require the developer to confirm there is adequate capacity. Policy MS-5 Limit unserviced development in the City, shifting the priority for new development to be fully serviced with municipal services, and to take place within the Primary Development Area. Policy MS-35 Limit unserviced development to minimize associated environmental, health and economic costs. Projected development flows have been supplied to Saint John Water and modeling of the existing water and sanitary services has been completed and Saint John Water supports this connection of this development to these services and strongly discourages the installation of an on -site solution to development. Closing We trust this is sufficient for your present needs. Please feel free to contact the undersigned at 506.636.2136 or at at(cDdmse.ca for any additional information or clarification. Yours truly, Don -More Surveys & Engineering Ltd. Andrew Toole, NBLS, P.Eng. T 506.433.4427 4-60 Maple Avenue, Sussex, NB E4E 2N5 T 506.652.7358 520 Somerset Street, Saint John, NB E2K 2Y7 www.dmse.ca info(a)dmse.ca m A r w I m a Z � m � _ 0 — o w o II' ` - - - uojsmyl jajso:j tt g� � nx 1 �s m w N o c m m _ 8 O�� § as a s %&g3z a H�ap#isii;$aEp@4e m 40, — o a D D -� m b § 4 �Fe95 a $a aria r ait Z b _< n m z c� s m a �' 2 f Z p m �7 z i ' ai ggg git g a �s �o z m (n C) D e { 3 N G� m -i v d I �'I i i i g �f! s P 3asg �,•�," w nl Hit zc g 3w€ i '4iQ4�ia�aa Z oQp� 1 1 Ills ,a i� Hill m �— 0 ti L W ti 0 H TO VJ O O O G W, N O N O N (Y) COUNCIL REPORT M&C No. 2024-041 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Sydney Street (Duke Street to Broad Street) — Traffic By-law Amendment (1st and 2nd Readings) AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Kevin O'Brien Michael Hugenholtz Tim O'Reilly Brent McGovern RECOMMENDATION City Staff recommends Council authorize 1st and 2nd Readings of the Amendment to the Saint John Traffic By-law, By-law Number MV-10.1, in the form attached to M&C 2024-041. EXECUTIVE SUMMARY The purpose of this report is to recommend to Council that the Saint John Traffic By-law be amended to remove the alternate side, on -street parking on Sydney Street from Duke Street to Broad Street and that this section of Sydney Street only permit parking on the west side of the street. This Amendment to the Saint John Traffic By-law will allow for the installation of a northbound bike lane on the east side of the street. PREVIOUS RESOLUTION N/A REPORT Council priorities, MoveSJ and the Central Peninsula Secondary Plan have all identified the need for a more balanced transportation system that accommodates and improves access for all users. Sydney Street, from Union Street to Broad Street, has been identified as a key corridor for the inclusion of dedicated bike lane infrastructure. `BEI -2- The approved 2023 General Fund and Utility Fund Capital Programs both include funding for the renewal of the underground infrastructure and full street reconstruction on Sydney Street from St. James Street to Queen Square North. The design for this project is underway and it is planned that this work will go out to tender in early 2024. The approved 2024 General Fund and Utility Fund Capital Programs include funding for the design for the full reconstruction of Sydney Street from Broad Street to St. James Street. The design work will be completed in 2024 and it is anticipated that construction will take place in 2025. Given the timing of these reconstruction projects for Sydney Street from Broad Street to Queen Square North, staff looked at options to incorporate dedicated bike lane infrastructure into the redesign of the sections of Sydney Street included in both projects. The options reviewed included alternating side bike lanes, a dedicated bike lane on the east side of the street with alternate side on -street parking and a dedicated bike lane on the east side of the street with on -street parking permitted on the west side of the street only. The proposed alternating bike lanes would alternate sides twice per month on the same schedule as the current alternate side on -street parking. When on -street parking was permitted on the east side of the street the bike lane would be on the west side of the street. The bike lane would then switch to the east side of the street when the on -street parking switched to the west side of the street. The main concern with this option was that the current New Brunswick Motor Vehicle Act requires cyclists to ride on the right-hand side of the roadway. By utilizing an alternating side bike lane approach, cyclists would be riding on the left-hand side of the roadway for half of each month, which is not in compliance with the Act. Based on the requirements of the Motor Vehicle Act, staff investigated the installation of a dedicated bike lane on the east side of Sydney Street. The review of this option included both maintaining the alternate side on -street parking and limiting the on -street parking to the west side of the street only. If alternate side on -street parking is maintained with a dedicated bike lane on the east side of the street, for half of the month vehicles would be parked on the left side of the painted line delineating the edge of the bike lane, which would be approximately two metres off the curbline. This is not a typical arrangement in the City and there were concerns that vehicles would actually be parked adjacent to the curbline in the dedicated bike lane rather than the designated parking lane for half of the month. This would require cyclists utilizing the dedicated bike lane to veer out around parked cars. This configuration also introduces more risks to `K191 -3- cyclists being impacted by vehicle doors as passengers exit vehicles. This option would also require additional street width to accommodate the alternate side on - street parking lanes, vehicle travel lane and a bike lane. Due to the potential increased risk to cyclists, staff did not see this option as feasible. The third configuration reviewed by staff consisted of a dedicated bike lane on the east side of the street and on -street parking permitted only on the west side of the street. This option complies with the Motor Vehicle Act, separates cyclists from interacting with parked vehicles and allows for reduced asphalt street width. By maintaining parking on the west side of the street only, curb extensions can be utilized, which improves the safety for pedestrians at crosswalks and provides a traffic calming element. For these reasons staff are recommending this option. Although there are currently only reconstruction projects included in the approved capital programs for Sydney Street between Broad Street and Queen Square North, staff believes it would be prudent to extend the bike lane and change where on -street parking is permitted up to Duke Street at this time. This will allow for continuous bike lane infrastructure to be installed between Broad Street and Duke Street, which furthers the goal of having a dedicated bike lane on Sydney Street from Broad Street to Union Street. As indicated above, should Council proceed with first and second reading of the proposed Amendment to the Saint John Traffic By-law, staff would plan to proceed to tender the Sydney Street (St. James Street to Queen Square North) project in early 2024. It is staff's intention to return to Council for the third reading of the proposed Amendment to the Saint John Traffic By-law once the contract to complete the work has been awarded by Council and the successful contractor has mobilized to the site. STRATEGIC ALIGNMENT This report aligns with Council Priorities GROW, MOVE, GREEN AND BELONG, as the project includes the installation of a new dedicated bike lane on Sydney Street from Broad Street to Duke Street. This provides a more balanced transportation corridor and will improve access and safety for all users of the transportation infrastructure on Sydney Street. The Sydney Street bike lane also aligns with MoveSJ as it contributes to connected and continuous cycling facilities that support increased use of Active Transportation. The northbound bike lane on Sydney Street, together with the planned southbound bike lane on Charlotte Street, and connections to Harbour `Ki.1 -4- Passage to the south, creates a continuous cycling route through the peninsula with connections to other parts of the city. SERVICEAND FINANCIAL OUTCOMES Adopting this Amendment to the Saint John Traffic By-law will allow for the installation of a dedicated bike lane on the east side of Sydney Street from Duke Street to Broad Street. The removal of the alternate side on -street parking on Sydney Street from Duke Street to Broad Street will not result in the loss of potential on -street parking spaces. Currently, on -street parking is permitted on the west side of Sydney Street for half of each month. This proposed change would result in year-round parking on the west side of the street. The Parking Division of Public Works and Transportation Services was consulted on this proposed Amendment to the Saint John Traffic By-law and no objections or concerns were raised. As communicated with the development of MoveSJ, choices between use and function of City streets will need to be made from time to time given the limited width available. In the case of this section of Sydney Street, the planned street upgrades will result in further road narrowing, with associated traffic calming and asphalt inventory reduction benefits, as well as additional space made available for pedestrians and cyclists. There will be a financial impact for operations to change signage and add asphalt markings for the dedicated bike lane for the sections of Sydney Street between Broad Street and Duke Street that are not within the reconstruction limits for 2024. The required signage and pavement markings will be included in the scope of work for the reconstruction project in 2024. As was completed for the 2024 General Fund Operating Budget for other AT facilities, recommendations will be made for the 2025 budget to ensure sustained funds are identified to maintain the bike lane on Sydney Street. There will be minor impacts to snow clearing operations on Sydney Street due to the removal of alternate side parking. When snowfall accumulation warrants, a South -Central Peninsula Overnight Winter Parking Ban will be called to allow for the clearing of the parking lane. Between parking bans, twice per month, streets with alternate side parking can receive snow clearing service; this opportunity `19YA -5- would be lost on Sydney Street with loss of alternate side parking. This could result in the build-up of snow and ice on that side which over time could start to impact the width available for the driving lane. There are tools available to manage this, namely by posting a local parking ban along this section of street to enable snow and ice removal. It is anticipated that this would not be a frequent occurrence, however, and that the overall benefits of the recommended approach outweigh any possible negative impacts. Although indications are that the loss of alternate side parking is not expected to be detrimental, associated loss of this opportunity should be acknowledged and considered with the associated positive trade-off outcomes. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation Services provided input. The General Counsel's Office drafted the attached Amendment to the Saint John Traffic By-law. ATTACHMENTS Amendment to the Saint John Traffic By-law, By-law Number MV-10.1 `Ec1:3 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Traffic On Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 71h day of October, A.D. 2019, is hereby amended as follows: 1. Schedule "A-1" — Parking for Specified Times 08:00 to 17:00 is amended by deleting the following words under the following headings: Street Side Limits Time Sydney St. Both Duke St. to 2 hrs. Queen Square South Sydney St. Both Saint Andrews 2 hrs. St. to Broadview Avenue 2. Schedule "A-1" — Parking for Specified Times 08:00 to 17:00 is amended by adding the following words under the following headings: Street Side Limits Time Sydney St. West Duke St. to Broad Street 2 hrs. Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. L'annexe « A-1 » — Stationnement a des heures precisees 8 h a 17 h est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites Duree rue Sydney des de la rue Duke 2 h deux a la place cotes Queen Sud rue Sydney des de la rue Saint 2 h deux Andrews a cotes 1' avenue Broadview 2. L'annexe « A-1 » — Stationnement a des heures precisees 8 h a 17 h est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Cote Limites Duree rue Sydney ouest de la rue Duke A la rue Broad 2 h Sydney St. Both Broad St. to 2 hrs. Broadview Ave. 3. Schedule "B" — No Parking Anytime is amended by adding the following words under the following headings: Street Side Limits Sydney Street East Duke Street to Broad Street 4. Schedule "G" — Alternate Side Parking is amended by deleting the following words under the following headings: Street Limits Sydney Street Princess Street to Broadview Avenue 5. Schedule "G" — Alternate Side Parking is amended by adding the following words under the following headings: Street Limits Sydney Street Princess Street to Duke Street Sydney Street Broad Street to Broadview Avenue 6. Schedule "N" — Streets for Residential Zone Parking Permits is amended by deleting the following words under the following headings: rue Sydney des de la rue Broad 2 h deux a 1' avenue cotes Broadview 3. L'annexe « B » — Interdiction de stationner en tout temps est modifie par l' adj onction des mots suivants sous les titres suivants : Rue Cote Limites rue Sydney est de la rue Duke a la rue Broad 4. L'annexe « G » — Stationnement en alternance est modifie par la suppression des mots suivants sous les titres suivants : Rue Limites rue Sydney de la rue Princess d l'avenue Broadview 5. L'annexe « G » — Stationnement en alternance est modifie par 1' adj onction des mots suivants sous les titres suivants : Rue Limites rue Sydney de la rue Princess a la rue Duke rue Sydney de la rue Broad a 1' avenue Broadview 6. L'annexe « N » — Rues concernant les permis de stationnement dans une zone residentielle est modifie par la suppression des mots suivants sous les titres suivants : ` 191 Zone E Street Side Limits Sydney St. Both Duke St. to Broadview Ave 7. Schedule "N" — Streets for Residential Zone Parking Permits is amended by adding the following words under the following headings: Zone E Street Side Limits Sydney St. West Duke St. to St. Broad Street Sydney Street Both Broad Street to Broadview Avenue 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 , A.D., 2024 signed by: Zone E Rue Cote Limites rue Sydney des deux de la rue Duke a cotes F avenue Broadview 7. L'annexe « N » — Rues concernant les permis de stationnement daps une zone residentielle est modifie par 1'adjonction des mots suivants sous les titres suivants : Zone E Rue Cote Limites rue Sydney ouest de la rue Duke a la rue Broad rue Sydney des deux de la rue Broad d cotes l' avenue Broadview EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2024, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - `N Staff Recommendation for Council Resolution Property: 1440 Loch Lomond Road Public Hearing, 1" and 2nd Reading: Held on February 5, 2024 3rd Reading: February 20, 2024 Item: Required: Recommendation (Y/N) Municipal Plan Yes 1. That Common Council give 3rd reading to an Amendment Amendment to the Municipal Plan that would re- designate, on Schedule A of the Municipal Development Plan, a parcel of land with an approximate area of 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area. 2. That Common Council give 3rd reading to an Amendment to the Municipal Plan that That Common Council re -designate, on Schedule B of the Municipal Development Plan, a parcel of land with an approximate area of 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential. Zoning By -Law Yes 1. That Common Council give 3rd reading Amendment to an Amendment to the Zoning By -Law which rezones a parcel of land having an approximate area of 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM). 2. That Common Council give 3rd reading to an Amendment to the Zoning By -Law which rezones a parcel of land having an approximate area of 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (1112) to Mid -Rise Residential (RM). Recission of No 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 ii[!CI conditions on the parcel of land having an area of approximately 10.1 hectares, located adjacent to 1440 Loch Lomond Road, also identified as PID Number 55094981 and a portion of PID Number 00313031: (a) 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; (b) Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including but not limited to similar colours, siding materials and door and window proportions and trim, subject to the approval of the Development Officer. (c) That a landscaping plan be prepared for the site by the proponent, for the approval of the Development Officer, demonstrating landscaping of the site and including the following elements: Landscaping along the Loch Lomond Road and new Public Street frontage of the area of the site where the four multi -unit buildings will be located, which includes the planting of a minimum of one tree or shrub for every 45 square metres of required front yard, provided at least 50 percent of the required plants are trees. (d) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. (e) That any proposed changes to the development that would result in an increased sanitary sewage flow or water demands be reviewed by Saint John Water to determine that the sanitary sewer and water supply `[E1! system have adequate capacity to accommodate any proposed change. (f) 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. (g) That the developer provides a Wetland and Watercourse Alteration Permit, should one be required by the province, or written confirmation that one is not required, to the Development Officer at the time of Building Permit application for portions of the project that are within 30 metres of a watercourse or wetland. (h) That the developer be responsible for the costs associated with the installation of a crosswalk incorporating a Rectangular Rapid Flashing Beacon (RRFB) at the intersection of Loch Lomond Road and the proposed new Public Street serving the development. Section 59 No Agreement Section 131 No Agreement Other Yes 1. That Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design for the proposed development with respect to the vesting of the new Public Street serving the site from Loch Lomond Road and any Local Government Services Easements to be determined during detailed design, including those for the relocation of the trunk sanitary sewer, 2. That Common Council accept money -in -lieu of Land for Public Purposes for the proposed subdivision and any future subdivision related to the proposed townhouse development or the subdivision of the proposed multiple unit buildings onto individual lots. `[le BY-LAW NUMBER C.P. 106-31 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: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Area classification; 2 Amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Urban Reserve to Stable Residential; - all as shown on the plans 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 * day of *, A.D. 2024 and signed by: First Reading - February 5, 2024 Second Reading — February 5, 2024 Third Reading - ARRETE No C.P. 106-31 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte cc qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par: 1 La modification de 1'annexe A — Structure de la municipalite, afin de faire passer la designation dune parcelle de terrain d'une superficie d'environ 3,68 hectares, situee au 1440, rue Loch Lomond, egalement identifie comme NID 55094981, qui passera de Reserve urbaine a Secteur stable; 2 La modification de 1'annexe B — Utilisation future des cols, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 3,68 hectares, situe au 1440, rue Loch Lomond, egalement identifie comme NID 55094981, qui passera de Reserve urbaine a Secteur residentiel stable; touter les modifications sont indiquees sur les plans ci joints et font partie du present arr&. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2024, avec les signatures suivantes : Mayor City Clerk/Greffier communal Premiere lecture - le 5 fevrier 2024 Deuxieme lecture - le 5 fevrier 2024 Troisieme lecture - `IN GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "A" Modifiant Annexe «A» FROM / DE Urban Reserve Reserve urbaine Applicant: Slopeside Holdings Location: 1440 Loch Lomond Road PID(s)/NIP(s): 55094981 TO / A Stable Area Secteur stable Considered by P.A.C./Considers par le C.C.U.: January 16 janvier, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: February 8 fevrier, 2024 148 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule "B" Modifiant Annexe « B» FROM / DE Urban Reserve Reserve urbaine Applicant: Slopeside Holdings Location: 1440 Loch Lomond Road PID(s)/NIP(s): 55094981 TO / A Stable Residential Residentiel stable Considered by P.A.C./Considers par le C.C.U.: January 16 janvier, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: February 8 fevrier, 2024 149 BY-LAW NUMBER C.P. 111-161 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: ARRETE NO C.P. 111-161 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 : The Zoning By-law of The City of Saint John enacted on the fifteenth day of L'arrete sur le zonage de The December, A.D. 2014, is amended by: City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : 1. Rezoning a parcel of land having an area of approximately 3.68 hectares, located at 1440 Loch Lomond Road, also identified as PID 55094981, from Future Development (FD) to Mid -Rise Residential (RM). 2. Rezoning a parcel of land having an area of approximately 6.42 hectares, located at 1440 Loch Lomond Road, also identified as a portion of PID 00313031, from Two -Unit Residential (R2) 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. 2024 and signed by: Rezonage d'une parcelle de terrain d'une superficie d'environ 3.68 hectares, situee au 1440 rue Loch Lomond, egalement identifie comme NID 55094981, de Zone d'amenagement futur (FD) a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM). 2. Rezonage d'une parcelle de terrain d'une superficie d'environ 6,42 hectares, situee au 1440 rue Loch Lomond, egalement identifie comme une partie de NID 00313031, de Zone residentielle bifamiliale (R2) 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 2024, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - February 5, 2024 Premiere lecture - le 5 fevrier 2024 Second Reading - February 5, 2024 Deuxieme lecture - le 5 fevrier 2024 Third Reading - Troisieme lecture - 150 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 FROM / DE TO / A Two -Unit Residential Zone residentielle R2 bifamiliale Future Development Zone d'amenagement FD futur Mid -Rise Residential RM Zone residentielle - immeubles de hauteur moyenne 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: Slopeside Holdings Location: 1440 Loch Lomond Road PID(s)/NIP(s): 55094981, 00313031 (portion) Considered by P.A.C./Considers par le C.C.U.: January 16 janvier, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: February 8 fevrier, 2024 151 Staff Recommendation for Council Resolution Property: 172 City Line Public Hearing, 1" and 2nd reading: February 5'h, 2024 3rd Reading: February 20, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No 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 6174 square metres, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM). Recission of Yes That Common Council, rescind the conditions imposed on Previous s. 39/s. May 3, 2016, rezoning of the property located at 172 City 59 Conditions Line, also identified as PID Numbers 00365247, 00364877, 55087175, 55087183, and 55087191. 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 6174 square meters, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, respectively. a) Any development of the site shall be in accordance with a detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. This detailed landscaping plan must include the following: i. Landscaping along the City Line frontage including the retention of the existing mature tree if possible; 1. Landscaping along City Line Frontage shall include the planting of one tree or shrub for every 45 square metres of required yard IiW provided at least 50 percent of the required plants are trees. ii. Landscaping and/or alternative screening along the boundaries of the site, including along boundaries abutting residential properties. Section 59 No Agreement Section 131 No Agreement Other No `V BY-LAW NUMBER C.P. 111-160 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-160 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une reunion du conseil Common Council convened, as follows: communal, The City of Saint John a decrete ce qui suit : 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 of area of approximately 6174 square metres, located at 172 City Line, also identified as PIDs 00365247, 00364877, 55087175, 55087183, and 55087191, from Integrated Development (ID) to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. Uarrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 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 6174 metres, situe au 172 City Line, egalement identifie comme le NID 00365247, 00364877, 55087175, 55087183, 55087191, de Zone d'amenagement integre (ID) a Zone residentielle — Immeubles d'habitation de hauteur moyenne (RM) conformement a une resolution par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont - all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John a Saint John has caused the Corporate Common fait apposer son sceau communal sur le Seal of the said City to be affixed to this by-law present arrete le X fevier 2024, avec les the X day of February, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - February 5, 2024 Premiere lecture - le 5 fevrier 2024 Second Reading - February 5, 2024 Deuxieme lecture - le 5 fevrier 2024 Third Reading - Troisieme lecture - 154 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 00 �o i r4 d hcdNP St e yam: 61 Off' a� coOr Mac`1 FROM / DE Integrated Development Zone de developpement ID RM i nteg re TO / A Mid -Rise Residential Zone residentielle - immeubles de hauteur moyenne 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: Erik de Jong Location: 172 City Line PID(s)/NIP(s): 00365247, 00364877, 55087175, 55087183, 55087191 Considered by P.A.C./Considers par le C.C.U.: January 16 janvier, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: February 14 fevrier, 2024 155 BY-LAW NO. M-12 A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION AND LICENSING OF OWNERS AND OPERATORS OF VEHICLES FOR HIRE IN THE CITY OF SAINT JOHN ARRETE NUMERO M-12 ARRETE MODIFIANT L'ARRETR PORTANT REGLEMENTATION DES ACTIVITES DES PROPRIETAIRES ET EXPLOITANTS DE VEHICULES DE LOCATION ET DE L'OCTROI DE PERMIS AUX PROPRIRTAIRES ET EXPLOITANTS DE VRHICULES DE LOCATION DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit: A By-law of The City of Saint John entitled "A By-law Respecting the Regulation and Licensing of Owners and Operators of Vehicles for Hire in the City of Saint John", enacted on the 30' day of July, A.D. 2018, is hereby amended as follows: 1 Section 10(1)(i) paragraph (iii) is repealed and replaced with the following: "in 2020 and all subsequent years, ten (10) years old or newer;" 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 , A.D. 2024 and signed by: Par les presentes, 1'arrete de The City of Saint John intitule « Arrete portant reglementation des activites des proprietaires et exploitants de vehicules de location et de 1'octroi de permis aux proprietaires et exploitants de vehicules de location dans The City of Saint John », decrete le 30 juillet 2018, est modifie comme suit: 1. Le paragraphe 10(1)(i)(iii) est abroge et remplace par ce qui suit: en 2020, et pour tome annee subsequente, au plus dix (10) ans; » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2024, avec les signatures suivantes Mayor / Maire City Clerk / Greffier de la municipalite First Reading February 5, 2024 Premiere lecture - le 5 fevrier 2024 Second Reading - February 5, 2024 Deuxieme lecture - le 5 fevrier 2024 Third Reading Troisieme lecture - 156 BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune r6union du conseil Council of The City of Saint John as communal, The City of Saint John a d6cr&6 follows: cc qui suit: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 9 immediately after Section 8 thereof, as follows: 9(1) The City of Saint John does hereby stop up and close permanently the following street: RETAIL DRIVE: All those portions of Retail Drive, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising two portions of Retail Drive, being Part "A" having an area of 3,165 square metres and Part " B" having an area of 116 square metres as shown on a Plan of Survey titled, "Showing Portions of Retail Drive Parts "A" and " B", City of Saint John, Saint John County, New Brunswick," prepared by Don -More Surveys & Engineering Ltd. and dated May 15, 2023 attached hereto. Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par 1'ajout de Particle 9 imm6diatement apr&s Particle 8, comme suit: 9(1) Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : PROMENADE RETAIL: Tomes les parties de la promenade Retail, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, compos6e de deux parties, dont la partie « A » d'une superficie d'environ 3 165 metres carr6s et la partie « B v d'une superficie de 116 metres carr6s, comme le montre le plan d'arpentage intitu16 « Parties "A" et " B" du plan d'arpentage, ville de Saint John, comt6 de Saint John, province du Nouveau -Brunswick », pr6par6 par Don - More Surveys & Engineering Ltd. et dat6 du 15 mai 2023, joint aux pr6sentes. 9(2) Section 9(1) shall come into force on a 9(2) Le paragraph 9(1) entre en vigueur a date to be set by resolution of Council. une date fix6e par resolution du conseil. 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 ***, A.D. 2023 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2023, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - June 12, 2023 Premiere lecture - le 12 juin 2023 Second Reading - June 12, 2023 Deuxi6me lecture - le 12 juin 2023 Third Reading - Troisi6me lecture - 157 m �y � as � # �"�• m �� J � v, 4 t aS W Ca' s85 a nw N ma d I `v a ��a� �a a� ;�; •�� i � � i �t as # a ' � ft8 s A' Er loll m m ri Q� caa $ y r U a _ rOi CL I P-N PR NE.„ye.q „� ��S '•w/ Vim,. a9i � 4 N��P`Jr. -N� U pVC V I jr e I., jiq4 e s <f pdww,Y 4rq AW�r�b 41 9 n R A�R ERRHIMkFRRIO R RI a �,.. � �•+�$�''s�raR33$3a$8ii!$�i�iaicRxn=i�i's.� � �3d co M&C No. 2024-038 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area Corporate Services SUBJECT: Lease of Ground Floor Space off Saint Patrick Street to Rock Solid Ventures Inc. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Rock Solid Ventures Inc. has been leasing space in the uptown area since early 2023 for the "Beer Bread" restaurant. The City owns a small adjoining parcel of land off St. Patrick Street. Rock Solid Ventures Inc. has asked the City to lease a small interior floor space portion of this City owned property to be used as the entrance to, and in conjunction with, the space leased for the Beer Bread restaurant. The purpose of this report is to seek Council's approval to enter into a Lease Agreement with Rock Solid Venture Inc. COUNCIL RESOLUTION That The City of Saint John enter into the Lease Agreement with Rock Solid Ventures Inc., generally in the form as presented to Committee of the Whole at its February 20, 2024 meeting, for the lease of a 4.32 square meter (46.5 square foot) portion of PID 39206 off Saint Patrick Street, and further that the Mayor and City Clerk be authorized to execute the said Lease Agreement. `P10.1 M&C No. 2024-054 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area General Counsel SUBJECT. Conditional Agreement of Purchase and Sale — 26-28 Retail Drive EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Aligning the intersections of Ashburn Lake Road and Retail Drive at Rothesay Avenue into a single intersections has been a long-standing priority for the City. In order to realign this intersection, the City needs to acquire certain properties. One of the required properties is PID 309005 and the owner of that property has agreed to sell it to the City. COUNCIL RESOLUTION That the City enter into an Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at its meeting held February 20, 2024, with Carl Ellemburg, for the purchase of the lands and buildings located at 26-28 Retail Drive, bearing PID 309005, and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents necessary to effect the transaction. M&C No. 2024-039 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area General Counsel SUBJECT: Strategy for Divestment of Four City Owned Properties EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Staff recently conducted an internal review of the City's land assets and identified five properties that may be ready for sale for the purpose of re -development. These parcels were considered by Growth Committee at its meeting held November 21, 2023, and the Growth Committee endorsed the recommendation that 1671 Sandy Point Road, 400 Lowell Street, 608 Millidge Avenue, 100 Boars Head Road and 21 Troop Street be declared surplus to the City's needs. At its meeting held January 22, 2024, Council deemed 21 Troop Street as surplus to the City's needs. The purpose of this report is to have Council declare the remaining four properties surplus to the City's needs. COUNCIL RESOLUTION That the City declare the following four, underutilized properties, as surplus to its needs: a. 400 Lowell Street (PID 00394940); b. 608 Millidge Avenue (PID 55221709); c. 1671 Sandy Point Road (PID 00418129); and d. 100 Boars Head Road (PIDs 0042622 and 00042614). M&C No. 2024-045 Report Date February 13, 2024 Meeting Date February 20, 2024 Service Area Growth and Community Development Services SUBJECT: City Market New Lease with the Wiid Carrot EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL City staff is recommending the approval of a new lease for the owner of The Wild Carrot in a newly renovated space in the City Market, allowing them to expand and grow their business. The recommendation will see them moving into the newly combined spaces, stalls "E and F" on the North side of the Market between the former Wild Carrot space and North Market Seafood. COUNCIL RESOLUTION 1. NOW THEREFORE BE IT RESOLVED that the city terminate the current lease with A Whale of a Cafe, dba The Wild Carrot, under previous resolution from M&C 2020-240 for stall "D" and ancillary spaces in the City Market, with such termination to take effect only upon the completion of the ongoing construction in stalls "E and F"; and 2. FURTHER BE IT RESOLVED that the city enter into a lease generally in the form as presented to Committee of the Whole at its meeting held February 20, 2023, for stalls "E and F" and ancillary spaces in the City Market with A Whale of a Cafe, dba The Wild Carrot; and 3. FURTHER BE IT RESLOVED that the Mayor and City Clerk be authorized to execute any necessary documents. fi"M