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2024-06-24_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, June 24, 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 2. Approval of Minutes 2.1 Minutes of June 10, 2024 5 - 15 2.2 Minutes of June 17, 2024 16 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Assent to Money -in -lieu of Land for Public Purposes, 71-77 Visart Street 20 - 22 (Recommendation in Report) 5.2 Proposed Public Hearing Dates for 949 Grandview Avenue, 3277 WestFeld 23 - 25 Road and 199 Union Street (Recommendation in Report) 5.3 Employee Engagement and Wellness (Recommendation in Report) 26 - 57 5.4 Amendment to Schedule A - City of Saint John Housing Accelerator Fund 58 - 88 2024-2026 Action Plan — CMHC Agreement #27,097,302 (Recommendation in Report) 5.5 Amending the Section 131 Agreement for 99 King Street (Recommendation in Report) 5.6 Fleet Replacement Procurement — June 2024 (Recommendation in Report) 5.7 Contract 2023-26: Charlotte Street (Union Street to King Square South) — Storm Sewer Installation and Street Reconstruction (Recommendation in Report) 5.8 Council Community Fund Application (Councillors Hickey, Stewart, Lowe) - SJ West Days (Recommendation: Approve the Application) 5.9 Council Community Fund Application (Councillors Hickey and Lowe) - PULSE (Recommendation: Approve the Application) 6. Members Comments 7. Proclamation 7.1 Indigenous Survivors Day - June 30, 2024 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. 11 12 9.1 Proposed Zoning By -Law Amendment with Staff Presentation and Planning Advisory Committee report - 2400 Westfield Road (1st and 2nd Reading) 9.2 Proposed Zoning By -Law Amendment with Staff Presentation and Planning Advisory Committee report - 15 O'Brien Street (1 st and 2nd Reading) Consideration of By-laws 10.1 Municipal Plan Amendment - 901 Foster Thurston Drive (3rd Reading) 10.2 Zoning By -Law Amendment with Section 59 Conditions - 435 Woodward Avenue (3rd Reading) 10.3 Zoning By -Law Amendment with Section 59 Conditions - 50 Heather Way (3rd Reading) 10.4 Zoning By -Law Amendment - Text Amendment re: Excavation and Filling (3rd Reading) Submissions by Council Members Business Matters - Municipal Officers 89 - 104 105 - 107 108 - 113 114 - 119 120 - 124 125 - 125 126 - 161 162 - 191 192 - 194 195 - 197 198 - 202 203 - 204 K 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 R. Rancart: Request to Present re Job Growth and Low Income Housing 205 - 206 (Recommendation: Refer to the CA® for follow-up) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended Appointments to Committees 207 - 207 18. Adjournment K City of Saint John Common Council Meeting Monday, June 24, 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 Employment Matter 68(1)(j) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Nominating Committee 68(1)(b) 1.6 Financial Matter 68(1)(c,d) 1.7 Land Matter 68(1)(d) 1.8 Financial Matter 68(1)(c) 1.9 Government Matter 68(1)(e) Ville de Saint John Seance du conseil communal Lundi 24 juin 2024 18h 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 TV Rogers 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 relative a 1'emploi 68(1)(j) 1.3 Question financiere 68(1)(c) 1.4 Question financiere 68(1)(c) 1.5 Comite de nomination 68(1)(b) 1.6 Question financiere 68(1)(c,d) 1.7 Question fonciere 68(1)(d) 1.8 Question financiere 68(1)(c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance territoriale 1.2 Hymne national 2. Approbation du proces-verbal K 2.1 Proces-verbal du 10juin 2024 2.2 Proces-verbal du 17juin 2024 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Assentiment a I'octroi d'une somme d'argent en remplacement d'un terrain a des fins publiques, 71-77 rue Visart (recommandation clans le rapport) 5.2 Dates proposees pour les audiences publiques concernant le 949 avenue Grandview, le 3277 chemin Westfield et le 199 rue Union (recommandation clans le rapport) 5.3 Mobilisation et bien-etre des employes (recommandation clans le rapport) 5.4 Modification de I'annexe A — Plan d'action 2024-2026 du Fonds pour accelerer la construction de logements a Saint John —Accord SCHL n° 27 097 302 (recommandation clans le rapport) 5.5 Modification de I'accord au titre de I'article 131 pour le 99 rue King (recommandation clans le rapport) 5.6 Remplacement du parc —juin 2024 (recommendation clans le rapport) 5.7 Contrat 2023-26 : rue Charlotte (rue Union au carre King Sud) — Projet d'installation d'egouts pluviaux et de refection de la rue (recommandation clans le rapport) 5.8 Demande de fonds communautaire (conseillers Hickey, Stewart, Lowe) — Jours Saint John Ouest (recommandation : approuver la demande) 5.9 Demande de fonds communautaire (conseillers Hickey et Lowe) — PULSE (recommandation : approuver la demande) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee des survivants autochtones — 30 juin 2024 8. Delegations et presentations 9. Audiences publiques K3 9.1 Proposition de modification de I'arrete de zonage avec presentation du personnel et rapport du comite consultatif d'urbanisme — 2400 chemin Westfield (11e et 2e lectures) 9.2 Proposition de modification de I'arrete de zonage avec presentation du personnel et rapport du comite consultatif d'urbanisme —15 rue O'Brien (1,e et 2e lectures) 10. Etude des arretes municipaux 10.1 Modification du plan municipal — 901, promenade Foster Thurston (3e lecture) 10.2 Modification de I'arrete de zonage avec les conditions en vertu de I'article 59 - 435 avenue Woodward (3e lecture) 10.3 Modification de I'arrete de zonage avec les conditions en vertu de I'article 59 - 50 voie Heather (3e lecture) 10.4 Modification de I'arrete de zonage — Modification de texte concernant Excavation et remplissage (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 15.1 R. Rancart : Demande de presentation concernant : Croissance de I'emploi et logement social (recommandation : renvoi a I'administrateur en chef pour le suivi) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Nominations recommandees aux comites 18. Levee de la seance CI COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 10, 2024 AT 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 (www.saintjohn.ca) or on Rogers TV. Present: Acting Mayor / Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen 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: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Brent Harris Also Present: Chief Administrative Officer 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 Commissioner Growth & Community Services A. Poffenroth Director External Government Liaison & Communication L. Caissie Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy City Clerk P. Anglin Call to Order 61 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 1.1 Land Acknowledgement Councillor Ogden 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 May 27, 2024 Moved by Councillor Hickey, seconded by Councillor Stewart RESOLVED that the minutes of May 27, 2024, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Norton, seconded by Councillor Radwan: RESOLVED that the agenda for June 10, 2024 be approved with the addition of 17.1 Amended and Restated Membership Agreement with Envision; 17.2 160 Thorne Avenue — Timeline Update and Changes to Agreement of Purchase and Sale; 17.3 Request for Expression of Interest for Former West Saint John Tourist Bureau at civic #1509 Saint John Throughway; 17.4 Land Exchange Agreement with Timothy and Donna Collins of Upper Loch Lomond; 17.5 Venue Management Agreement for Trade and Convention Center; 17.6 Legal Proceeding against BGC Engineering Inc. (West Wells) — Litigation Update and Torys' Retainer; and 17.7 Patio Licenses for Market Square Boardwalk. MOTION CARRIED 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-150: Low Carbon Economy Fund (LCEF) Fourth Amending Agreement — Municipal Buildings Energy Retrofit Project, Common Council approve the Fourth Amending Agreement under the Low Carbon Economy Fund for the Municipal Buildings Energy Retrofit Project in the form and upon the terms and conditions as submitted; and that the Mayor and City Clerk be authorized to execute the said Amending Agreement. C.1 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 5.2 RESOLVED that as recommended in the submitted report M&C 2024-152: Community Development Fund Agreement: Canada Games Aquatic Centre Upgrades, the City enter into an Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the following project: Canada Games Aquatic Centre Upgrades, Project No. 17566, in the form and upon the terms and conditions as submitted; and that the Mayor and City Clerk be authorized to execute the said Agreement. 5.3 RESOLVED that the submitted report M&C 2024-159: Public Information Session: Charlotte Street (Union Street to King Square South) Storm Sewer Installation and Street Reconstruction Project be received for information. 5.4 RESOLVED that as recommended in the submitted report M&C 2024-155: Designation of By -Law Enforcement Officer, Common Council appoint Benn Purinton as a by-law enforcement officer for various City By -Laws, the appointments being more fully described in the attachment to the submitted report. Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 7.1 Acting Mayor Sullivan declared June 12, 2024, as Nigerian Democracy Day in The City of Saint John. 7.2 Acting Mayor Sullivan declared June 20, 2024, as World Kidney Cancer Day in The City of Saint John. 7.3 Acting Mayor Sullivan declared June 20, 2024, as World Refugee Day in The City of Saint John. 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 9.1 Proposed Municipal Plan Amendment with Planning Advisory Committee report and Staff Presentation — 901 Foster Thurston Drive Ost and 2nd Reading) Commissioner Poffenroth introduced the proposed Municipal Plan Amendment with respect to a parcel of land located at 901 Foster Thurston Drive, to include the site within the Primary Development Area to allow for the site to be serviced with municipal services. Senior Planner M. Reade reviewed the submitted staff presentation. r� COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 Acting Mayor Sullivan called the Public Hearing to Order The Acting Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Acting Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Acting Mayor Sullivan closed the public hearing. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by -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 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); and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 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), 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 Hickey, seconded by Councillor Radwan: RESOLVED that the by -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 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); and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 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), 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." 9.2 Proposed Zoning By -Law Amendment with Planning Advisory Committee report and Staff Presentation — 50 Heather Way (1 st and 2nd Reading) Commissioner Poffenroth introduced the proposed Zoning By -Law Amendment with respect to a parcel of land located at 50 Heather Way to permit a residential development with a mix of townhouses and multiple unit buildings. Senior Planner M. Reade reviewed the submitted staff presentation Acting Mayor Sullivan called the Public Hearing to Order. E:3 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 The Acting Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Acting Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: • Bill Dunnet the applicant Acting Mayor Sullivan closed the public hearing. Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 9.15 hectares, located at 50 Heather Way, also identified as PIDs 55124358, 00456640, 00456657, 00456665, and 55190227, 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 Lowe, 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 9.15 hectares, located at 50 Heather Way, also identified as PIDs 55124358, 00456640, 00456657, 00456665, and 55190227, from Two -Unit Residential (R2) 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." 9.3 Proposed Zoning By -Law Amendment with Planning Advisory Committee report and Staff Presentation — 435 Woodward Avenue (1 st and 2nd Reading) Commissioner Poffenroth introduced the proposed Zoning By -Law Amendment with respect to a parcel of land located at 435 Woodward Avenue to permit the construction of two 10-unit buildings. Planner Thomas Lewallen outlined the submitted staff presentation. Acting Mayor Sullivan called the Public Hearing to Order. The Acting Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Acting Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. 5 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 Acting Mayor Sullivan closed the public hearing Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 from Neighbourhood Community Facility (CFN) 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 Radwan, seconded by Councillor Hickey: 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 piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 from Neighbourhood Community Facility (CFN) 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." 9.4 Proposed Zoning By -Law Text Amendments — Excavation and Filling — with Planning Advisory Committee report and Staff Presentation (1 st and 2nd Reading) Commissioner Poffenroth introduced the proposed Zoning By -Law Amendment which would adopt amended provisions related to the excavation and filling of land by a public utility or a local, provincial, or federal government. Senior Planner M. Reade reviewed the submitted staff presentation Acting Mayor Sullivan called the Public Hearing to Order. The Acting Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Acting Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. Acting Mayor Sullivan closed the public hearing. Moved by Councillor Radwan, seconded by Councillor Killen: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Section 9.7 by deleting subparagraph 9.7(1)(c)(ii) and replacing it with "(ii) Any work performed by a public utility or a local, provincial, or federal government"; and amending Section 9.7 by deleting subparagraph 9.7(2)(c)(ii) and ito] COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 replacing it "(ii) Any work performed by a public utility or a local, provincial, or federal government", 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 Norton, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Section 9.7 by deleting subparagraph 9.7(1)(c)(ii) and replacing it with "(ii) Any work performed by a public utility or a local, provincial, or federal government"; and amending Section 9.7 by deleting subparagraph 9.7(2)(c)(ii) and replacing it "(ii) Any work performed by a public utility or a local, provincial, or federal government", be read a second time. MOTION CARRIED Read a second time by title, the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -Laws 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal CAO McGovern provided an update on the housing advocacy project. The City is on track to meet the targets for building permits with affordable housing units under the the Housing Accelerator Fund. The South End and North End catalytic school projects have received funding from the province for the Community Hubs in both schools. Public Engagements for enhancements to Rainbow Park, Turner Brewer Memorial, and the South End School will commence in July. The City's investments in the Industrial Parks and the governance structure of the Saint John Industrial Parks (2024) Ltd. as a non-profit Board is established, and the board member appointments are underway. The redevelopment of Fundy Quay, Market Slipp and Ihtoli-maqahamok is proceeding. Commissioner of Infrastructure Ian Fogan provided an update on the infrastructure progress. The patio closure was a response to the alternative solution to provide for a safe space while testing of the components being rejected by the Fire Marshall. The fire system and sprinkler system are now active. Final signoff by the Fire Marshall is required. Moved by Councillor Hickey, seconded by Councillor Radwan 11 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 RESOLVED that the verbal update from the Chief Administrative Officer on select Catalytic Projects and Advocacy be received for information. MOTION CARRIED. 12.2 Cleanup of Unsightly Premises on Prince Street Commissioner Poffenroth introduced the recommendation from the Community Standards Program. Manager Community Standards Program, Benn Purinton outlined the enforcement measures taken and the resulting clean-up of the property. Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that the update on the clean-up completed on the property located at 480 - 488 Prince Street be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 C. Donovan: Request to Present — Slowing measures at King Street East and Carmarthen Street (Recommendation: Refer to CAO to have Traffic Engineer communicate with the requester) Moved by Councillor Hickey, seconded by Councillor Norton: RESOLVED that the correspondence from C. Donovan with respect to slowing measures at King Street East and Carmarthen Street be referred to the CAO to have the Traffic Engineer communicate with the requestor. MOTION CARRIED 15.2 Citizen Letters: 1671 Sandy Point Road (Recommendation: Refer to the Growth Committee) Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the citizen letters regarding 1671 Sandy Point Road be referred to the Growth Committee. MOTION CARRIED. 15.3 WE Believe Request to Present (Recommendation: Refer to Growth Committee for a presentation) Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the Request to Present from WE Believe be received for information. 12 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Amended and Restated Membership Agreement with Envision Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the resolution of Council adopted at its April 29, 2024, meeting regarding an Amended and Restated Members Agreement with Envision Saint John be amended by deleting the words "April 29, 2024" and replacing them with "June 10, 2024". MOTION CARRIED. 17.2 160 Thorne Avenue — Timeline Update and Changes to Agreement of Purchase and Sale Moved by Councillor Lowe, seconded by Councillor Norton: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the City enter into an Amended and Restated Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at its meeting held June 10, 2024 with 511978 N.B. Inc. for the parcel of land located at 160 Thorne Avenue (PID 55174106), and that the Mayor and City Clerk be authorized to execute the said Agreement and any documents ancillary thereto or necessary to effect the transaction. MOTION CARRIED. 17.3 Request for Expression of Interest for Former West Saint John Tourist Bureau at civic #1509 Saint John Throughway Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the City deem the property at civic #1509 Saint John Throughway, PID 55011720, as surplus to its needs. MOTION CARRIED. 17.4 Land Exchange Agreement with Timothy and Donna Collins of Upper Loch Lomond Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the City of Saint John enter into an agreement with Timothy and Donna Collins to exchange a portion of PI D 55055644 for another piece of land, identified as PI D 349647, and further that the Mayor and City Clerk be authorized to execute the agreement and any other documents necessary to effect the transaction. MOTION CARRIED. 13 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 17.5 Venue Management Agreement for Trade and Convention Center Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, Common Council approve the following: That the City enter into a Venue Management Agreement with Global Spectrum Facility Management, Limited (doing business as OVG 360), in the form as presented to Committee of the Whole at its meeting held June 10, 2024, for the purpose of providing management services at the Saint John Trade and Convention Center, and that the Mayor and Clerk be authorized to execute the said Venue Management Agreement and any other documents ancillary thereto; and 2. That the City enter into a Funding Agreement with the Regional Development Corporation in the form as presented to Committee of the Whole at its meeting held June 10, 2024, for the purpose of receiving a financial contribution of up to $31,300.00 for the TCC Management Agreement Study, and that the Mayor and Clerk be authorized to execute the said Funding Agreement and any other documents ancillary thereto. MOTION CARRIED. 17.6 Legal Proceeding against BGC Engineering Inc. (West Wells) —Litigation Update and Torys' Retainer Moved by Councillor Hickey, seconded by Councillor Stewart: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the City increase the Torys retainer for legal services required in relation to the South Bay Wellfield by a maximum of $633,000.00 plus HST and disbursements. MOTION CARRIED with Councillor Lowe voting nay. 17.7 Patio Licenses for Market Square Boardwalk Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 10, 2024, the City enter into a License Agreement with each of: a) Saint John Beer Market Inc.; b) 750559 NB Inc.; c) Fog Cutter Inc.; and d) Cro-Bel Inc.; (collectively the "Licensees") generally in the form as presented to Committee of the Whole at its meeting held June 10, 2024, for the purpose of allowing the Licensees to operate the new enclosed patio spaces at Ihtoli-maqahamok and that the Mayor and City Clerk be authorized to execute the said License Agreements and any other documents ancillary thereto. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on June 10, 2024, be adjourned. 10 14 COMMON COUNCIL / CONSEIL COMMUNAL June 10, 2024 / le 10 juin 2024 MOTION CARRIED. The Acting Mayor declared the meeting adjourned at 7:47 p.m. 11 15 COMMON COUNCIL / CONSEIL COMMUNAL June 17, 2024 / le 17 juin 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 17, 2024 AT 5:30 PM COMMITTEE OF THE WHOLE ROOM, 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 Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton (virtual) Councillor Ward 1 Joanna Killen 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 Also Present: Chief Administrative Officer B. McGovern Legal Counsel J. Boucher Chief Financial Officer K. Fudge Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Commissioner Growth & Community Services A. Poffenroth Director External Relations L. Caissie Commissioner Public Works and Transportation Services M. Hugenholtz City Clerk J. Taylor Deputy City Clerk P. Anglin COMMON COUNCIL / CONSEIL COMMUNAL June 17, 2024 / le 17 juin 2024 1. Call to Order 1.1 Land Acknowledgement Councillor Hickey 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 2. Approval of Minutes 3. Approval of Agenda Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda for June 17, 2024, be approved with the addition of 17.1 Non -Disclosure Agreement; and 17.2 Spruce Lake Industrial Park Expansion. MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 10. Consideration of By -Laws 11. Submissions by Council Members 12. Business Matters — Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 2 17 COMMON COUNCIL / CONSEIL COMMUNAL June 17, 2024 / le 17 juin 2024 16. Supplemental Agenda 17. Committee of the Whole 17.1 Non -Disclosure Agreement Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on June 17, 2024, the City enter into a Non -Disclosure Agreement with Invest in Canada in the form generally as presented to Committee of the Whole at its meeting held June 17, 2024, and that the Mayor and Clerk be authorized to execute the said Non -Disclosure Agreement and any other documents ancillary thereto. MOTION CARRIED. 17.2 Spruce Lake Industrial Park Expansion Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that as recommended by the Committee of the Whole, having met on June 17, 2024, Common Council approve the following: (a) That the City enter into an Agreement of Purchase and Sale with 657700 NB Ltd. in the form as attached to M&C 2024-165, for the purpose of acquiring a parcel of land at the Spruce Lake Industrial Park, and that the Mayor and Clerk be authorized to execute the said Agreement of Purchase and Sale and any other documents ancillary thereto or necessary to effect the transaction; (b) That Common Council approve the draw of $750,000.00 from the Strategic Land Reserve and $750,000.00 from the General Capital Reserve to fund the purchase of the above -noted property; 2. That the City authorize the signing of a letter authorizing the Regional Development Corporation to access the city -owned parcel of land identified as PID 55233456 generally in the form presented to Committee of the Whole at its meeting held June 17, 2024, and that the Mayor and Clerk be authorized to execute the said permission letter and any other documents ancillary thereto. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting of Common Council held on June 17, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 5:36 p.m. iF:3 COMMON COUNCIL / CONSEIL COMMUNAL June 17, 2024 / le 17 juin 2024 COUNCIL REPORT M&C No. 2024-0170 Report Date June 13, 2024 Meeting Date June 24, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Assent to Money -in -lieu of Land for Public Purposes, 71-77 Visart Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner / Chief Administrative Dept.Head Officer Yeva Mattson Amy Poffenroth / J. Brent McGovern Pankaj Nalavde RECOMMENDATION That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed Subdivision at 71-77 Visart Street. EXECUTIVE SUMMARY The proponent has applied to subdivide the site at 71-77 Visart Street, also known as PID 00411769, to create a lot for the development of four accessible, affordable units. Assent of the Money -in -lieu of Land for Public Purposes by Common Council is recommended by Staff. DECISION HISTORY PID 00411769 contains 2-20 Chevron Street and 169-171 Lansdowne Avenue, which are part of a CHMC housing project from the 1950's called the Rifle Range. REPORT The site is located in the City's North End in a former CHMC housing project called the Rifle Range. The site currently conforms to the zoning standards and the subdivision will see the formal separation of the existing residential buildings from the new lot which will contain an approved building project of four new affordable and accessible dwelling units. The City of Saint John typically accepts money -in -lieu of Land for Public Purposes, as opposed to land dedication for the creation of new lots, unless the land acquisition would support specific projects outlined in PlaySJ and the development of identified active transportation corridors. K91 -2- In this case, Staff recommend the acceptance of money -in -lieu of Land for Public Purposes. STRATEGIC ALIGNMENT The proposed development aligns with Common Council's priority of Grow and Belong. SERVICEAND FINANCIAL OUTCOMES Money -in -Lieu requirements are calculated based on the assessed value of the land prior to its development. The funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are dispersed through a grant program that supports the enhancement of existing parks and recreation services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The current subdivision proposal has been reviewed by the City's Infrastructure Development and Building Inspection Service Areas. No concerns were raised related to the proposed subdivision. The City's Parks and Public Spaces Service area concurs with the acceptance of money -in -lieu. ATTACHMENTS Tentative Plan of Subdivision 21 4Z5\9Ma\95vfL%\s9a�Ey0L\-9Loz 3nI1�Y \�H E _ - o •a C Z Q j � m _0 s O o _ o E _ o N "'' Z cn �cn�n °°cd - m e 3 `' e -o U) c rnb°ii Piacea� E = _ ° E 3 a o S i a U f4 Eo _ o� �j e �E¢ o£ 'L az a8E Q° aa LL� z Y o I I I I (W�diN vo es n this ° r----- Lansdowne Avenue46 y oo" O --- 176' S683 I I o� V m �N Edo a � I 356°4610" c. 35.3 6Z'8t� C� i o0 U ) 0.90 � I I� —6.35 I I I I I I I I I 4 81 I I OOZ � I I .80 puona�no8 II!4o-+ny� E> _ Z Lio�� �o o U7 BLU E Z PP��0�0� d I ood6g��000�� o ac�x COMMON COUNCIL REPORT M&C No. 2024-168 Report Date June 20, 2024 Meeting Date June 24, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Proposed Public Hearing Dates for 949 Grandview Avenue, 3277 Westfield Road and 199 Union Street AUTHORIZATION Primary Author Director Commissioner Chief Administrative Officer Jennifer Kirchner Pankaj Nalavde Amy Poffenroth J. Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearings for the Zoning By- law Rezoning Application submitted by 3D Property Management Inc. for 949 Grandview Avenue (PID: 000340497), the Rezoning application submitted by Janice K. Seely for 3277 Westfield Road (PID: 00295048) and the Zoning By -Law Amendment Application submitted by 724745 NB Inc. for 199 Union Street (PID: 55108997) for Monday, August 19, 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 Monday, August 19, 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 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. W -2- REPORT In response to the motion above, this report indicates the applications received and recommends appropriate public hearing dates. Details of the applications are 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 3D Property 949 Two -Unit Mid -Rise To facilitate the Management Grandview Residential Residential construction of a Inc. Avenue (PID: (R2) and (RM) multi -unit apartment 000340497) Mid -Rise building Residential (RM) Janice K. 3277 Rural Neighbourhood To legalize an existing Seely/Seely Westfield Settlement Community supportive facility Lodge Inc. Road (PID: Residential Facility (RM) 00295048) (RS) Name of Location Amendment Reason Applicant 724745 NB 199 Union Schedule I: Amending the Active Ground Floor Use Inc. Street (PID: Active Map from Required to Encouraged for 55108997) Ground Floor the property. This will allow the ground Use floor to be used for residential purposes. 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. 0&1 -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None OR COMMON COUNCIL REPORT M&C No. 2024-163 Report Date June 10, 2024 Meeting Date June 24, 2024 Service Area Human Resources Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Employee Engagement and Wellness AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Blessing Njoku Katherine Shannon Stephanie Hossack J. Brent McGovern RECOMMENDATION It is recommended that Common Council grant authority to the Chief Administrative Officer (CAO) or his delegate to approve the purchase of goods to be awarded to City employees as part of employee engagement and wellness initiatives with an annual maximum amount not to exceed $5,000, funded through the approved annual Human Resources operating budget. This authorization will be in accordance with the Strategic Procurement Policy, FAS-011, adopted by Common Council on June 19, 2023. EXECUTIVE SUMMARY The City of Saint John is committed to fostering a workplace culture of engagement, wellness and appreciation. To support this commitment, corporately organized events will be held annually to recognize employees for their contributions to the organization. During such events, a nominal gift may be awarded to demonstrate the City's appreciation and recognition of employees' contributions. With Council's adoption of the recommendation specified in this report, the CAO or his delegate may approve the purchase of nominal gifts for employees, to a maximum of $5,000 annually. PREVIOUS RESOLUTION N/A REPORT As an employer, the City of Saint John seeks to promote employee engagement and well-being. Improvement in employee engagement and a focus on employee well-being may generate numerous benefits, including but not limited to 41.1 -2- enhanced ability of employee attraction and retention; lower absenteeism; and improved employee morale. Throughout a calendar year, corporate events will be held to recognize employee contributions, show appreciation, and promote well-being. During such events employees may be awarded nominal gifts to demonstrate employer appreciation. Such events are limited in number throughout a calendar year. Where applicable, goods purchased will be branded with the City's Big Heart Small City logo. STRATEGIC ALIGNMENT Employee engagement and well-being initiatives are aligned with Common Council's priorities of Belong and Perform. SERVICEAND FINANCIAL OUTCOMES The annual cost of purchasing goods for the purpose of recognizing employee contributions during employee engagement and well-being initiatives will not exceed $5,000. The funding will be supported through the approved annual Human Resources operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from the City's Procurement Department and this recommendation will be in accordance with the provisions of the City of Saint John Strategic Procurement Policy, FAS-011 adopted by Council on June 19, 2023. ATTACHMENTS WA SAINT ►OHN Title: FAS-011 Strategic Procurement Policy Subject: Strategic Procurement Policy Category: Finance and Administrative Services Policy No.: FAS-011 M&C Report No.: M&C 2023-156 Effective Date: June 19, 2023 Next Review Date: (3 Years) Area(s) this policy applies to: All areas Office Responsible for review of this Policy: Finance and Administrative Services Related Instruments: Policy Sponsors: Chief Financial Officer Document Pages: This document consists of 30 pages. Revision History: Policy Date: 2011-12-05 Report: M&C 2011-317 Common Clerk's Annotation for Official Record Date of Passage of Current Framework: June 19, 2023 1 certify that this Policy was adopted by Common Council as indicated above. June 21, 2023 Common Clerk Date Date Created: Common Council Approval Date: Contact: 2023-06-06 June 19, 2023 Finance and Administrative Services laj Strategic Procurement Policy z� Wel TABLE OF CONTENTS Section 1— Purpose and Principles Section 2 — Interpretation and Application Section 3 — Ethical Conduct and Conflict of Interest Section 4 — Roles and Responsibilities Section 5 — Establishment of Supply Arrangements Section 6 — Procurement of Deliverables Section 7 - Social Procurement Section 8 — Supplier Relations and Contract Management Section 9 — Procurement Record -Keeping Section 10 — Compliance Monitoring and Reporting 31 091 STRATEGIC PROCUREMENT POLICY SECTION 1- PURPOSE AND PRINCIPLES 1.1 Purpose The purpose of this policy is to detail the principles, procedures, roles, and responsibilities for the City's Procurement operations. The City recognizes that the taxpayers expect and have the right to receive a high level of services at the best value. The City is committed to maintaining a high standard of professionalism in the management of its public resources. The strategic objectives of the City's business practices are reflected in this policy. This policy establishes the accountability to ensure that economically, socially and environmentally responsible acquisitions include goods, services, inventory, vehicles, equipment, infrastructure, construction, and capital expenditures. The City will take the necessary actions to ensure it complies with applicable trade agreements, legislated requirements, and best procurement practices in the public sector. All competitive opportunities will be open where required, fair, and transparent. This policy applies to the procurement of all goods, services and construction for the City. This policy and its corresponding Procurement Procedures Manual is administered by Supply Chain Management under the direction of the CAO. 1.2 Principles — Strategic Procurement Policy Statement The City benefits from the alignment of its administrative and operational duties to meet its long-term objectives. The City wants to ensure best value is realized in all its procurement activities. This policy is one of the means by which the City can affect social and economic development to achieve best value for its citizens. Through procurement actions, the City can achieve best value for its citizens which can result in social, environmental and economic benefits. This policy will assist in obtaining best value and alignment with existing corporate plans (including but not limited to the City's Climate Action Plan, Ten -Year Strategic Plan and Ten -Year Financial Plan). The City is committed to conducting its Procurement operations in accordance with the following principles: (a) compliance and consistency with applicable legislation, trade agreements, policies, and procedures; (b) open, fair, and transparent processes that afford equal access to all qualified Suppliers; 4 1 P a g e 31 (c) reciprocal non-discrimination and geographic neutrality with respect to its trading partners in accordance with trade treaty obligations; (d) achieving best value through consideration of the full range of Procurement Methods and the adoption of commercially reasonable business practices; (e) effective balance between accountability and efficiency; (f) ensuring adherence to the highest standards of ethical conduct; (g) establishing standardization of goods, equipment, and technology wherever possible to realize best value; (h) procuring goods and services with due regard to the use of responsible products without compromising a healthy, safe, relevant, and aesthetically acceptable learning and working environment; (i) procuring the necessary quality and quantity of goods and services in an efficient, responsive, and cost-effective manner; (j) ensuring that administrative effort and expense are to be commensurate with the value of the purchase; (k) ensuring that the City is not unduly exposed to risk in all procurement -related transactions; (1) ensuring business processes are conducted with fairness, integrity, accountability, and transparency; and (m) ensuring that all procurement awards and contracts are free of any conflicts of interest or bias. 1.3 Role of Supply Chain Management Supply Chain Management is responsible for the purchase of goods and services, and the procurement of construction contracts for all City departments, except for the procurement of infrastructure construction contracts and professional services required by Utilities and Infrastructure Services. Infrastructure construction contracts and professional services will be coordinated through the Supply Chain Management department. Supply Chain Management is the City's link to the vendor community on all matters related to the procurement of goods, services and construction. Supply Chain Management shall prepare, or assist with the preparation of, all bid documents, related reports and recommendations for consideration, approval or award by the CAO, or designate, and/or Common Council on all procurement related matters. The City will consider other leading sustainability practices and may incorporate these emerging strategies into the City's policies where it is deemed to be appropriate and aligns with the City's strategic objectives. Supply Chain Management oversight and support services include, but are not limited to: 1. deploying procurement strategies and tactics which ensure value for money in all transactions; 5 1 P a g e WA 2. determining the procurement method which is most appropriate for the market conditions and facilitating the competitive bid processes and procedures; 3. ensuring supplier performance is meeting or exceeding the City's expectations; 4. compliance with all specifications for all acquisitions; 5. processing all contracts as per the signing authorities for contracts; 6. considering environmental, economic and strategic values when making recommendations or decisions; 7. supporting other departments with policy compliance and best practices; 8. providing professional procurement advice and services, including the recommendations on type of bid solicitation method; 9. monitoring compliance with this policy, the Procurement Procedures Manual and any applicable legislation and trade agreements; 10. notifying Commissioners or Directors, of non-compliance with this policy, the Procurement Procedures Manual and applicable legislation and trade agreements; and 11. notifying the CAO and/or Common Council of non-compliance. Commissioners are responsible for procurement activities within their departments and divisions and are accountable for achieving the specific objectives of the procurement policy. 1.4.1 Requirement for Approved Funds With respect to subsection 2.3.2 the authority to award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within the Budget(s). Where goods and services are routinely purchased or leased on a multi -year basis, the authority to award a Contract is subject to all of the following conditions: 1. the identification and availability of sufficient funds inappropriate accounts for the current year within the Budget(s). 2. the requirement for the goods or services will continue to exist in subsequent years and, in the opinion of the Chief Financial Officer, the required funding can reasonably be expected to be made available, and 3. the Contract has a provision in it that the supply of goods or services in subsequent years is subject to the approval by Common Council of the Budget estimates to meet the proposed expenditures. 1.4.2 Acquisitions Outside of Approved Budget Where a requirement exists to initiate a project for which Deliverables are required and funds are not contained in appropriate accounts within Common Council approved Budget(s) to meet the proposed expenditure, the Commissioner shall, prior to the commencement of the purchasing process, submit a report, through the CAO, to Common Council containing: 61 Page 091 1. information surrounding the requirement to contract; 2. the terms and conditions of the proposed Contract; and 3. information on the availability of the funds within existing Budget(s), which were originally approved by Common Council for other purposes or on the requirement for additional funds. 1.5 Common Council Approved Contracts Notwithstanding any other provision of this policy, the following shall be subject to Common Council approval: 1. any Contract prescribed by legislation to be made by Common Council; 2. where the Bid price is higher than the approved Budget(s) and the necessary adjustments cannot be made; 3. where authority to approve has not been expressly delegated; and 4. where a Contract is a result of a public private partnership ("P3") opportunity. 1.6 Prohibitions The following activities are prohibited: 1. the division of contracts, purchases, or changes to the scope of work to avoid the requirements of this policy. 2. the award or approval of a Contract without the appropriate authority to do so; 3. purchase by the City of any goods or services for personal use by or on behalf of any member of Common Council, appointed officers, employees of the City or their immediate families unless specifically authorized by Common Council; 4. purchase by the City from any member of Common Council, appointed officers, employees of the City or their immediate families or from any other source that could result in a conflict of interest; 5. the use of personal credit cards for City purchases where a City Purchasing Card is available; 6. making commitments to other parties or acquiring items through a Contract which extends beyond approved funding availability; 7. the award of a Contract where Supply Chain Management has determined that the provisions of this policy have not been adhered to and has so advised the person responsible for the procurement; 8. any transaction which could result in the creation of an employee - employer relationship. 71 Page SECTION 2 - INTERPRETATION AND APPLICATION 2.1 Defined Terms Terms used in this policy are defined in the following Glossary of Terms: GLOSSARY OF TERMS insert head of organization, CAO definition. "Bid" means a submission in response to a Solicitation Document, and includes tenders, proposals, quotations, or other responses. "Bidder" means a Supplier that submits a Bid, and includes proponents and respondents. "Budget(s)" means a Common Council approved annual General Fund Operating and Capital Budgets and Saint John Water Operating and Capital Budgets, including authorized revisions. "CAO" means the Chief Administrative Officer of the City of Saint John, New Brunswick. "City" means the City of Saint John, New Brunswick. "Common Council" means the City of Saint John Common Council. "Competitive Process" means the solicitation of Bids from multiple Suppliers. "Contract" means a commitment by the City for the Procurement of Deliverables from a Supplier, which may be evidenced by an agreement executed by the Supplier and the City, or a Purchase Order issued by the City to the Supplier. "Contract Administrator" means an employee assigned to the management of a Contract. "Deliverables" means any goods, services, or construction, or combination thereof. "Invitational Competition" means a Competitive Process in which an invitation to submit Bids is issued to at least three Suppliers. "Legal Services" means the City's legal advisors. "Low -Value Procurement" means any Procurement of Deliverables with a value below the Low -Value Procurement Threshold set out in the Procurement Policy, except where the Procurement is made through an existing Standing Offer or Qualified Supplier Roster. 0 W "Low -Value Procurement Threshold" means the maximum value for a Procurement of Deliverables that the City may procure without proceeding with an Open Competition. "Master Framework Agreement" means a master agreement entered into between the City and the prequalified Suppliers that have been included on a Qualified Supplier Roster. "Non -Standard Procurement" means the acquisition of Deliverables through a process or method other than the standard method required for the type and value of the Deliverables. Non-standard Procurement methods include: (a) acquiring Deliverables directly from a particular Supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required; and (b) soliciting Bids from a limited number of Suppliers without conducting an open prequalification process when an Open Competition would normally be required. "Open Competition" means the solicitation of Bids through a publicly posted Solicitation Document. "Open Competition Threshold" means the minimum value for a Procurement of that the City must procure using an Open Competition as prescribed by applicable Acts and Trade Treaties. "Open Framework Competition" means the Competitive Process used to establish a Qualified Supplier Roster and provide for an ongoing application process during the term of the Qualified Supplier Roster. "Performance Evaluation Report" means a report evaluating a Supplier's performance. "Procurement" means the acquisition of Deliverables by purchase, rental, or lease. "Procurement Manager" means the individual officer or employee who is responsible for Supply Chain Management. "Procurement Method" means the bid solicitation format and includes but is not limited to: Request for Quotations (RFQ) Request for Proposals (RFP) Negotiated Request for Proposals (NRFP) Invitation to Tender (ITT) "Procurement Oversight Committee" ("POC") means the committee established by the City under the Procurement Policy for the purposes of considering and making determinations on procurement -related matters. "Procurement Plan" means the plan developed by a Service Area at the outset of an Invitational Competition or Open Competition. a 01.1 "Procurement Procedures Manual" means the compilation of specific details pertaining to various procurement processes. "Procurement Value" means the maximum total value of the Deliverables being procured, and it must include all costs to the City, including, as applicable, acquisition, maintenance, replacement, and disposal; training, delivery, and installation; and extension options, less applicable rebates or discounts and exclusive of sales taxes. "Purchase Order" means the City's written document issued by a duly authorized employee of the City to a Supplier formalizing all the terms and conditions of the purchase and supply of the Deliverables identified on the face of the Purchase Order. "Purchasing Card" means a credit card provided by the City to authorized officers and employees for use as a payment method to purchase directly from Suppliers where permitted under the Procurement Policy and in accordance with any cardholder agreement and applicable procedures. "Qualified Supplier Roster" means a list of Suppliers that have participated in and successfully met the requirements of a Request for Supplier Qualifications ("RFSQ') and have therefore been prequalified to perform discrete work assignments involving the delivery of a particular type of deliverable. The Suppliers that qualify for inclusion on the Qualified Supplier Roster will enter into a Master Framework Agreement and will be eligible to participate in Roster Competitions, as and when the goods or services are required. "Request for Information" or "RFI" means a market research initiative for the collection of data for the purposes of future Procurement planning. "Roster Competition" means an expedited, invitational competition between Suppliers that have been included on a Qualified Supplier Roster for the selection of a Supplier to perform a discrete work assignment during the term of the roster. "Service Area" means the branch, department, division, or unit of the City that is requisitioning the purchase of the Deliverables. "Service Area Head" means an individual officer or employee who is responsible for a specific Service Area. "Service Area Lead" means the Service Area employee assigned primary responsibility for a procurement. "Social Value" means a procurement outcome which has a positive impact on inclusive employment practices, small to medium-sized businesses, supplier diversity, workforce development and environmental stewardship. "Solicitation Document" means the document issued by the City to solicit Bids from Bidders. "Standing Offer" means a written offer from a pre -approved Supplier to supply Deliverables to the City, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a predefined dollar limit. The Standing Offer does not create a contractual commitment from either party for a defined volume of business. The commitment to 101 Page Kul purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier. "Supplier" means a person carrying on the business of providing Deliverables. "Supply Chain Management" means the branch, department, division, or unit responsible for purchasing Deliverables for the City. 2.2 Application This policy applies to the Procurement of all Deliverables with the exception of the exclusions set out below: SCHEDULE OF EXCLUSIONS 2.2.1. Excluded Acquisitions and Expenditures This policy does not apply to: (a) Contracts or agreements for the sale, purchase, lease, or licence of land or existing buildings. (b) the acquisition of the following Deliverables: i. services of expert witnesses or factual witnesses used in court of legal proceedings; ii. goods intended for resale to the public; iii. goods purchased on a commodity market; iv. works of art; and V. subscriptions to newspapers, magazines, or other periodicals. (c) Contracts or agreements relating to hiring of employees or employee compensation or reimbursement of employee expenses. Procurement includes the acquisition of Deliverables by purchase, rental, or lease. 2.3.1 Spending and Approval Authorities Spending and approval authorities are as follows (excluding tax): Approved Operating Approved Capital Title Budget Budget Amount Amount Common Council Greater than $150,000 Greater than $500,000 111 Page M-11 Chief Administrative Officer $150,000 or less $500,000 or less Commissioners $100,000 or less $100,000 or less Directors $25,000 or less $25,000 or less Line Manager $15,000 or less $15,000 or less Foreman, Supervisor, Admin or Designate $7,500 or less $7,500 or less 2.3.2 Contract Award Authority Delegation Pursuant to By-law No. LG-21, a "By-law Respecting Delegation of Authority to Award or Approve Contracts", Council delegated its authority to approve or award contracts to its CAO, Commissioners and Directors within the spending limits authorized under this policy and subject to compliance with any other applicable terms and conditions of this policy. 2.4 Low Value Procurement Threshold As referred to in this policy, the Low Value Procurement Threshold is set at $15,000 plus taxes. 2.5 Emergency Purchases Notwithstanding any other provisions of this policy, where an emergency exists and prior approval of the Procurement Manager cannot be obtained, a Service Area Head, or their designate, may authorize any officer or employee to acquire required Deliverables in an expedited manner. If the expenditure is not within the approved budget envelope and/or the amount of the purchase exceeds the spending and approval authorities set out in this policy the Service Area Head must provide a report to Common Council providing the relevant details surrounding the application of this section. For the purposes of this policy, an emergency exists when an unforeseeable situation or event occurs that is a threat to any of the following: (a) public health and/or safety; (b) the maintenance of essential services; or (c) the welfare of persons or public property; 121Pag? Situations of urgency resulting from the failure to properly plan for a Procurement do not constitute an emergency. When using this section, the Service Area Head, or their delegate, shall ensure that a formal contract (when necessary) and other required procurement records are created prior to the acquisition of the goods or services, or, where not feasible in cases of extreme urgency, as soon thereafter as is reasonably possible. For greater certainty, Section 3 — Ethical Conduct and Conflict of Interest shall apply to emergency purchases and Conflicts of Interest must be avoided in relation to all purchases including emergency purchases. 2.6 Related Documents The following documents are to be read in conjunction with this policy: 1. The City of Saint John Procurement Procedures Manual under the Procurement Policy 2. The City of Saint John Procurement Card Policy 3. The New Brunswick Procurement Act and Regulation 2014-93 4. The Agreement on the Opening of Public Procurement for New Brunswick and Quebec 5. The Canadian Free Trade Agreement 6. The Canada -European Union Comprehensive Economic and Trade Agreement SECTION 3 - ETHICAL CONDUCT AND CONFLICTS OF INTEREST 3.1 Conduct and Conflicts of Interest For the purposes of this section, "Conflict of Interest" includes: (a) when applied to the activities of the City and its consultants and service providers: (i) a conflict between one's private interests and one's public, fiduciary, or contractual duties in relation to any procurement activity; or (ii) engaging in any conduct that may give another party an unfair advantage in a procurement process; or (b) in relation to a bidding process, a Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including, but not limited to: (i) having, or having access to, confidential information of the City in the preparation of its Bid that is not available to other Bidders; (ii) having been involved in the development of the Solicitation Document, including having provided advice or assistance in the development of the Solicitation Document; (iii) receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Solicitation Document; (iv) communicating with any person with a view to influencing preferred treatment in the bidding process (including, but not limited to, the lobbying of decision -makers involved in the bidding process); or (v) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive bidding process or render that process non-competitive or unfair; or 131Pag? (c) in relation to the performance of its contractual obligations, a Supplier's other commitments, relationships, or financial interests: (i) could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or (ii) could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations. The City's Procurement activities must be conducted with integrity, and all individuals involved in the City's Procurement activities must act in a manner that is consistent with the principles and objectives of this policy and avoid any Conflict of Interest. All participants in a Procurement process, including any outside consultants or other service providers participating on behalf of the City, must declare any perceived, potential, or actual Conflicts of Interest and, must recuse themselves from participating in any manner in a Procurement Process to which the perceived, potential, or actual conflict of interest applies. For greater clarity, it is the responsibility of all members of Common Council to disclose any perceived, potential or actual procurement -related conflict of interest and, when the conflict is raised by a member of Common Council, to address that conflict in accordance with the procedures established by Common Council. 3.2 Supplier Conduct and Conflicts of Interest The City requires its Suppliers to act with integrity and conduct business in an ethical manner. All Suppliers participating in a Procurement process or providing Deliverables to the City must declare any perceived, potential, or actual conflicts of interest and must conduct themselves in accordance with the Supplier Code of Conduct set out below. The City may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices. 141 Page !II SUPPLIER CODE OF CONDUCT The City requires its Suppliers to act with integrity and conduct business in an ethical manner. The City may refuse to do business with any Supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage, or fails to adhere to ethical business practices. Suppliers are responsible for ensuring that any employees, representatives, agents, or subcontractors acting on their behalf conduct themselves in accordance with this Supplier Code of Conduct. The City may require the immediate removal and replacement of any individual or entity acting on behalf of a Supplier that conducts themselves in a manner inconsistent with this Supplier Code of Conduct. The City may refuse to do business with any Supplier that is unwilling or unable to comply with such requirement. A. ILLEGAL OR UNETHICAL BIDDING PRACTICES Illegal or unethical bidding practices include: (a) bid -rigging, price-fixing, bribery or collusion, or other behaviours or practices prohibited by federal or provincial statutes; (b) offering gifts or favours to the City's officers, employees, appointed or elected officials, or any other representative of the City; (c) engaging in any prohibited communications during a Procurement process; (d) submitting inaccurate or misleading information in a Procurement process; and (e) engaging in any other activity that compromises the City's ability to run a fair Procurement process. The City will report any suspected cases of collusion, bid -rigging, or other offences under the Competition Act to the Competition Bureau or to other relevant authorities. B. CONFLICTS OF INTEREST All Suppliers participating in a Procurement process must declare any perceived, potential, or actual conflicts of interest. The term "conflict of interest," when applied to Suppliers, includes any situation or circumstance where: (a) in the context of a Procurement process, the Supplier has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to: 15 1 _►1P i. having, or having access to, confidential information of the City that is not available to other Suppliers; ii. having been involved in the development of the Procurement document, including having provided advice or assistance in the development of the Procurement document; iii. receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Procurement document; iv. communicating with any person with a view to influencing preferred treatment in the Procurement process (including but not limited to the lobbying of decision - makers involved in the Procurement process); or V. engaging in conduct that compromises, or could be seen to compromise, the integrity of an open and competitive Procurement process or render that process non-competitive or unfair; or (b) in the context of performance under a potential Contract, the Supplier's other commitments, relationships, or financial interests: i. could, or could be seen to, exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgment; or ii. could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations. Where a Supplier is retained to participate in the development of a Solicitation Document or the specifications for inclusion in a Solicitation Document, that Supplier will not be allowed to respond, directly or indirectly, to that Solicitation Document. C. ETHICAL BUSINESS PRACTICES In providing Deliverables to the City, Suppliers are expected to adhere to ethical business practices, including: (a) performing all Contracts in a professional and competent manner and in accordance with the terms and conditions of the Contract and the duty of honest performance; (b) complying with all applicable laws, including safety and labour codes (both domestic and international as may be applicable); and (c) providing workplaces that are free from harassment and discrimination. 16 1 SECTION 4 - ROLES AND RESPONSIBILITIES 4.1 Role and Responsibilities of Common Council It is the role of Common Council to establish policy and approve expenditures through the City's budget - approval process. Through this policy, Common Council delegates to the City's officers and employees the authority to incur expenditures in accordance with approved budgets through the Procurement of Deliverables in accordance with the rules and processes set out in this policy. Common Council may provide strategic direction and guidance on major projects prior to the commencement of the Procurement process; however, Common Council will not generally be involved in the day-to-day Procurement operations or individual Procurement processes, except to the extent that the approval of Common Council is required under this policy or in the event that an exception to this policy is required. 4.2 Roles and Responsibilities of Officers and Employees Specific responsibilities pertaining to all stages of a Procurement process, from the initial identification of requirements through to the management of Contracts with Suppliers, are detailed in this policy. In addition to those specific responsibilities, the general roles and responsibilities delegated to the City's officers and employees are set out below. 4.2.1 Procurement Manager It is the role of Supply Chain Management to lead the City's Procurement operations. In fulfilling this role, the Procurement Manager, or designate, is responsible for: (a) ensuring the consistent application of this policy and the provision of Procurement services to the Service Areas efficiently and diligently; (b) in collaboration with Service Areas, developing an annual procurement plan to help facilitate proactive procurement planning across the organization and to help identify major projects requiring the creation of project -specific oversight steering committees; (c) developing Procurement strategies and continually analyzing business requirements and spending patterns to identify opportunities for more strategic sourcing, including the creation of new Qualified Supplier Rosters to consolidate purchasing opportunities and to reduce instances of emergency procurements and Non -Standard Procurements; (d) monitoring and reporting non-compliance and conflicts of interest in accordance with this policy; (e) researching, developing, maintaining, updating, and communicating Procurement procedures, and templates; (f) addressing any issues or concerns that arise in respect of a Procurement process and seeking guidance, support, and advice of Legal Services, as required; and 171 Page (g) developing an annual procurement training plan for the organization and providing appropriate orientation, training, and tools to employees involved in Procurement activities. 4.2.2 Service Area Heads It is the role of the Service Areas to ensure that their requirements for Deliverables are met in accordance with the principles and objectives of this policy. In fulfilling this role, Service Area Heads are responsible for ensuring that their Service Area complies with this policy, encouraging sound Procurement practices and ensuring the provision of appropriate education and training to employees involved in Procurement activities. Service Area Heads will be held accountable for any decision to proceed with a Procurement process or transaction that is not conducted in accordance with this policy or does not have the approval of Supply Chain Management. 4.2.3 Service Area Employees Employees of all Service Areas are responsible for complying with this policy. Service Area employees involved in Procurement activities must understand their obligations and responsibilities under this policy, and they should consult with Supply Chain Management in respect of any questions regarding the application or interpretation of this policy or adhering to any established procurement procedures. 4.2.4 Supply Chain Management Employees Employees of Supply Chain Management are responsible for complying with this policy and ensuring this policy is applied consistently. Supply Chain Management employees must understand their obligations and responsibilities under this policy, and they should consult with the Procurement Manager in respect of any questions regarding their application or interpretation. 4.2.5 Legal Services It is the role of Legal Services to provide legal advice and assistance on the City's Procurement activities and its relationships with Suppliers. In fulfilling this role, Legal Services is responsible for: (a) advising the Procurement Manager as required on legal issues arising from Procurement activities and reviewing and approving specific Solicitation Documents and related documentation referred for legal review by the Procurement Manager; (b) providing advice on the finalization of Contracts and agreements and reviewing and advising on proposed changes to the City's standard terms and conditions, legal agreements, and Solicitation Document templates; and (c) providing legal advice and counsel to the City in the event of a Contract dispute or legal challenge flowing from a Procurement process. 181 Page !l+91 4.3 Procurement Oversight Committee The CAO may establish a Procurement Oversight Committee ("POC") for the purpose of: (a) making determinations relating to Conflict of Interest; (ii) Non -Standard Procurement; (iii) bid protests; and (iv) supplier suspension; (b) providing oversight as the steering committee for all Open Competitions, unless a project -specific oversight steering committee is created for a specific procurement; (c) monitoring and reporting non-compliance with this policy; and (d) providing input on other Procurement matters that may be referred to it by the Procurement Manager. The POC will include the Procurement Manager and at least two other senior -level officers or employees of the City and will also include the Service Area Head responsible for the specific Procurement in question. Legal Services will provide guidance and advice to the POC, as required. For greater clarity, if the CAO does not establish a POC, reference in this policy to POC shall be interpreted to mean CAO. SECTION 5 - ESTABLISHMENT OF SUPPLY ARRANGEMENTS 5.1 Recurring Requirements Before initiating a procurement, Service Areas must consider the availability of existing supply arrangements. If the Deliverables will be required on a frequent or regularly recurring basis, and there is no existing supply arrangement, the Service Area must consult with Supply Chain Management about the possibility of establishing a Standing Offer or Qualified Supplier Roster. 5.2 Standing Offers Standing Offers may be established for standardized Deliverables to be purchased by all Service Areas, where: (a) the requirements for Deliverables are recurring and predictable over an extended period of time; (b) the requirements are standard and clearly defined at the time of establishment of the Standing Offer; and (c) it is possible to fix pricing for the Deliverables for the duration of the Standing Offer. 191 Page The establishment of a Standing Offer does not create a contractual commitment to procure Deliverables from the Supplier. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a Purchase Order to the Supplier. The Procurement Manager is authorized to establish Standing Offers through Invitational and Open Competitions as required. The competitions will be managed by Supply Chain Management, with the co- operation and involvement of subject -matter experts from the relevant Service Area(s). If multiple Standing Offers are established for the same goods or services, clear ranking methodologies and call-up procedures must be specified. 5.3 Qualified Supplier Rosters Qualified Supplier Rosters may be established to prequalify Suppliers that will be eligible to compete for discrete work assignments involving the delivery of a particular type of Deliverables, as and when required. The establishment of a Qualified Supplier Roster does not create a contractual commitment to procure Deliverables from any of the Suppliers. When Deliverables are required, a Roster Competition will be conducted for the purposes awarding a contract to one of the qualified Suppliers. The Procurement Manager is authorized to conduct Open Framework Competitions to establish Qualified Supplier Rosters. The Open Framework Competition will be managed by Supply Chain Management, with the co-operation and involvement of the Service Area(s). 5.4 Co-operative Purchasing The City may participate in co-operative or joint purchasing initiatives with other entities where such initiatives are determined to be in the best interests of the City. If the City participates in such co-operative or joint purchasing initiatives, the City may adhere to the policies of the entity conducting the purchasing process, provided that such policies comply in spirit with this policy and with generally applicable legal requirements. If the City is leading a co-operative orjoint purchasing initiative, this policy will be followed. SECTION 6 - PROCUREMENT OF DELIVERABLES 6.1 Procurement Planning Effective Procurement planning is essential to ensuring an effective result and to limiting risk to the City. Service Areas must ensure that they leave sufficient time to plan for a procurement, including time for: (a) developing proper specifications and business requirements; (b) obtaining internal reviews; (c) conducting a Competitive Process, as required; and 201Page (d) obtaining necessary approvals. 6.2 Market Research Where the Service Area is uncertain about the Deliverables required or where there is insufficient internal knowledge about the market, the Service Area must consult with Supply Chain Management about the feasibility of conducting a Request for Information ("RFI") process. If it is determined that an RFI is needed, that RFI process must be openly posted in order to gather market research from prospective Bidders. It must not be used as a prequalification tool. 6.3 Procurement Value It is important to accurately estimate the value of the Procurement to determine the appropriate Procurement method and ensure compliance with the requirements of this policy. 6.4 Contract -Splitting Subdividing, splitting or otherwise structuring Procurement requirements or contracts in order to reduce the value of the Procurement or in any way circumvent the requirements or intent of this policy is not permitted. 6.5 Initiating Procurement Unless specifically permitted under this policy, Service Areas are not permitted to procure Deliverables or engage with potential Suppliers regarding the Procurement of Deliverables without the involvement of Supply Chain Management. 6.6 Procurement Authorization Before any Procurement process begins, proper authorization of the Procurement and delegation of authority to procure must be obtained in accordance with 2.3.1. 6.7 Standard Procurement Methods Depending on the nature, value, and circumstances of the procurement, the City may procure Deliverables through the following standard Procurement methods. The various thresholds for the different methods of procurement shall be as established and maintained by the POC. 6.7.1 Existing Supply Arrangement 6.7.1.1 Ordering from Standing Offer When a Standing Offer is available, its use is mandatory for all Service Areas. To purchase from the Standing Offer, the Service Area must submit an authorized requisition to Supply Chain Management. A purchase order referring to the Standing Offer details should be created and sent to the Supplier. The 211 Page !E:3 Purchase Order referencing the Standing Offer and reflecting the pre -negotiated prices and terms and conditions of the Standing Offer will be created and issued to the Supplier by the Procurement Manager. 6.7.1.2 Roster Competition If the Deliverables are available under an existing Qualified Supplier Roster, they must be acquired through a Roster Competition. Roster Competitions will be managed by Supply Chain Management, with the co-operation and involvement of the Service Area. 6.7.2 Low -Value Procurement Where the Procurement Value is below the Low -Value Procurement Threshold and the Deliverables are not covered under an existing Standing Offer or Qualified Supplier Roster, Service Areas may make Low - Value Procurements without the involvement of Supply Chain Management. It is the responsibility of the Service Area to determine if there is an existing Standing Offer or Qualified Supplier Roster for the required Deliverables before making a purchase. When available, the Deliverables must be purchased in accordance with the terms of the Standing Offer For Low -Value Procurements, the Service Area is only required to obtain one quote and may acquire the Deliverables using a corporate purchasing card or by submitting a requisition to the Procurement Manager. Where practical, departments are encouraged to obtain multiple quotes to ensure they are obtaining best value. Quotes may be obtained through advertisements or Supplier catalogues or by contacting the potential Supplier(s) by telephone or email. The Service Area Head is responsible and accountable for Low -Value Procurements and may authorize specific individuals within the Service Area to make Low -Value Procurements and may assign specific spending authority limits. If a Service Area anticipates making multiple Low -Value Procurements of the same Deliverables and the total value of those purchases may exceed the applicable Low -Value Procurement Threshold, the department must contact Supply Chain Management to discuss the possibility of setting up a Standing Offer or Qualified Supplier Roster or consolidating the Procurement to avoid contract splitting. Supply Chain Management is available to assist Service Areas with Low -Value Procurements, and Service Areas may request that Supply Chain Management conduct an Invitational Competition for any Low -Value Procurement. 6.7.3 Invitational Competition An Invitational Competition, in which Bids are solicited from a minimum of three Suppliers, is the standard method of Procurement when the Procurement Value is between the Low -Value Procurement Threshold and the Open Competition Threshold. 221Pag-e Invitational Competitions will be managed by Supply Chain Management, with the co-operation and involvement of the Service Area. Open Competition may be conducted in lieu of an Invitational Competition, where the Procurement Manager, in consultation with the Service Area, determines that it would be in the City's best interest. 6.7.4 Open Competition An Open Competition, in which Bids are solicited from all interested Suppliers through a publicly posted Solicitation Document, is the standard method of Procurement when the Procurement Value equals or exceeds the Open Competition Thresholds. Open Competitions may include two -stage Procurement processes in which a prequalification process is conducted by soliciting and evaluating submissions from all interested Suppliers in order to establish a short list of prequalified Suppliers that will be eligible to submit a Bid in response to a second -stage Solicitation Document. A two -stage Procurement process may be used whenever determined appropriate by the Procurement Manager, in consultation with the Service Area. Open Competitions will be managed by Supply Chain Management, with the co-operation and involvement of the Service Area. 6.8 Non -Standard Procurement Non -Standard Procurement means the acquisition of Deliverables through a method other than the standard method for the type and value of the Deliverables, as set out above under Section 6.7. Details pertaining to Non -Standard Procurements can be found in the Procurement Policy Manual. Non-standard Procurement methods include: (a) acquiring Deliverables directly from a particular Supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required, including but not limited to emergency purchases; and (b) soliciting Bids from a limited number of Suppliers without conducting an open prequalification process when an Open Competition would normally be required. Under no circumstances will a Non -Standard Procurement be used for the purpose of avoiding competition among Suppliers or in a manner that discriminates against, or advantages Suppliers based on geographic location. For greater certainty: (a) the Service Area Head will remain responsible for ensuring Open Competition, or at minimum, Invitational Competition, whenever feasible even in circumstances where direct awards would otherwise be recognized under the applicable trade treaties; and (b) the Conflict of Interest rules will apply to all Non -Standard Procurements. 231Page 67i] 6.9 Contract Award and Finalization Contracts must be awarded in accordance with this policy. A Contract may be entered into through the execution of a legal agreement and/or the issuance of a Purchase Order evidencing the contract. The Contract must be entered into prior to the delivery or provision of the Deliverables. The Procurement Manager has delegated authority to issue Purchase Orders on behalf of the City. Agreements must be signed by the Mayor and Common Clerk. No Contract may be entered into, either through the issuance of a Purchase Order or the execution of an agreement, unless: (a) approved funding in an amount sufficient to cover the Procurement Value is available; (b) the Procurement process was conducted in accordance with this policy; and (c) all required authorizations have been obtained. SECTION 7 - SOCIAL PROCUREMENT 7.1 Social Procurement Values Where possible and practicable, to achieve best value for taxpayer dollars, the acquisition of Deliverables may include the following values and criteria when planning for and sourcing its requirements: 1. Sourcing of environmentally and ecologically responsible products and equipment, leveraging low carbon options; 2. Respect for the values of inclusivity, diversity, equity, culture, and fair labour practices; 3. Support of diverse organizations or organizations that have a social impact The criteria and process will be outlined in the Procurement Procedures Manual to assist in the proper execution of these values. 7.2 Social Procurement Above the Open Competition Threshold Any social procurement objective above the applicable Open Competition Thresholds must be supported by a plan approved by Common Council prior to its implementation that confirms, among other things: 1. the jurisdictional basis for the City to implement the objective under authority delegated by the provincial government; 241Page 51 the trade -treaty authority for the City to implement the objective under programs established by the federal or provincial government based on the powers granted to those senior levels of government under the trade treaties; the public policy rationale supporting the objective, including a clear definition of measurable outcomes that the objective is intended to achieve; and 4. operational details for the implementation of the objective in the form of evaluation and award criteria and contract performance requirements that ensure the transparency and defensibility of evaluation and award decisions and contract administration practices in compliance with existing public procurement standards. 7.3 Social Procurement Below the Open Competition Threshold A Service Area may implement social procurement objectives for Contracts valued below the applicable Open Competition Thresholds as a pilot project and shall report the results of that pilot project to Common Council within a year of its implementation. For greater clarity, any below -threshold Contracts that include social procurement objectives will remain subject to the provisions of this policy, including but not limited to Section 3 — Ethical Conduct and Conflict of Interest,and any such pilot project shall at minimum address factor number four identified in the prior paragraph and shall be approved by the POC before being implemented by the Service Area. SECTION 8 - SUPPLIER RELATIONS AND CONTRACT MANAGEMENT 8.1 Debriefings Where the City has conducted an Open Competition, the City shall provide a debriefing to all unsuccessful Suppliers upon request. 8.2 Procurement Protests Suppliers may formally protest the outcome of a Procurement process. Procurement protests must be managed and responded to in accordance with directions provided by the POC. 8.3 Contract Management All contracts for Deliverables must be managed by the Service Area. Master Framework Agreements will be managed by Supply Chain Management. 8.4 Contract Extensions or Amendments Contract extensions and amendments must not be used to expand a Contract beyond what was contemplated under the terms of the Contract and the original Procurement process or to circumvent the need to procure additional Deliverables through a Competitive Process in accordance with this policy. 251Page 61 During the course of a contract, additional work may arise that could not be anticipated during the project planning process. Contract amendments for adjustments to the scope of the Contract may be approved if the adjustment is for work that is directly connected or incidental to the original Contract scope. The expansion or extension of a Contract to procure Deliverables that were not contemplated in the original Procurement is a Non -Standard Procurement and, if the total cumulative value of the additional Deliverables equals or exceeds the Open Competition Threshold, the Non -Standard Procurement must be approved by the POC. Where a Contract is amended or extended more than once, the total cumulative value of the additional Deliverables includes the value of all previously approved amendments and extensions and the value of the proposed amendment or extension. If a Contract amendment results in a net increase to the Contract value previously approved, the amendment must be approved in accordance with 2.3.1. All amendments to an existing Contract must be appropriately documented. Legal Services should be consulted regarding all matters pertaining to Contract interpretation and application, and for any changes, extensions, renewals, or amendments required to be made to any executed contract. 8.5 Contract Disputes All potential Contract disputes with Suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a Contract is silent on dispute resolution, the Service Area should ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with Suppliers concerning a Contract dispute must be maintained by the Service Area. A Contract can be terminated prior to its expiry date only with the involvement of Legal Services. 8.6 Supplier Performance The performance of a Supplier under Contract must be monitored and tracked by the Service Area. Details pertaining to managing supplier performance can be found in the Procurement Policy Manual. 8.7 Supplier Suspension Suppliers can be suspended from participating in future Procurement processes based on determinations made by the POC and as allowed for by the New Brunswick Procurement Act and Regulation 2014-93. SECTION 9 - PROCUREMENT RECORD -KEEPING 9.1 Supplier Information The City must ensure that Supplier information submitted in confidence in connection with a Procurement process or Contract is adequately protected. Supply Chain Management and the Service Areas must 261Page 6V ensure that all Bids and contracts are kept in a secure location and are only accessible by those individuals directly involved with the Procurement or management of the contract. 9.2 Procurement Records The maintenance, release, and management of all Procurement records must be in accordance with the City's policies and procedures on document management and access to information. Supply Chain Management is responsible for ensuring that all documentation relating to a Procurement is properly filed and maintained in a Procurement project file. Documentation and reports regarding Procurement processes and Contract awards (including Non -Standard Procurements) and data necessary to trace the process conducted electronically must be maintained for a minimum period of at least seven years from the Contract award date, or such longer period as may be required under the City's document management policies. SECTION 10 - COMPLIANCE MONITORING AND REPORTING 10.1 Compliance Monitoring Non-compliance with this policy may expose the City to the risk of Supplier complaints, reputational damage, Bid disputes, and legal challenges, and may comprises the integrity, fairness, openness, and transparency of the process. The Procurement Manager is responsible for monitoring compliance across the organization. Based on the results of compliance monitoring, reports outlining instances of non-compliance may be issued by the Procurement Manager to the relevant Service Area Head. The Service Area Head must address the identified compliance concerns and submit a written confirmation of actions taken to the Procurement Manager. Ongoing concerns with respect to compliance will be subject to internal audit and to the additional reporting requirements outlined herein. 10.1.1 Non -Compliance Defined For the purposes of this section, non-compliance includes: (a) a breach of any purchasing card policies and procedures; (b) a breach of any codes of conduct involving a Procurement; (c) executing a purchase of any kind, including a new purchase, a purchase made through a contract amendment, or a purchase made under an expired contract, without first obtaining the necessary funding authorization and other applicable approvals; (d) commencing performance of a contract prior to the formal approval and execution of that contract; 271Pag? 6'il (e) directly awarding a contract, or engaging in restrictive tendering, in instances where Open Competition is required, without first obtaining formal approvals for any such exception to Open Competition practices; (f) obtaining procurement approvals based on inaccurate or incomplete information or based on material misrepresentations or omissions; (g) failing to adhere to requirements of the procurement policy, including non-compliance relating to conflict of interest, proper advanced planning, contract splitting, sole sourcing, and recordkeeping; or (h) failing to adhere to the due process standards applicable to the government tendering process, including standards relating to transparency, procedural fairness, non-discrimination, and the protection of confidential supplier information. 10.1.2 Duty to Report and Rectify Service Area Heads are required to observe and address non-compliance with this policy within their Service Areas. Where instances of non-compliance are identified, the Service Area Head is expected to notify the Procurement Manager and obtain advice: (a) with respect to mitigating potential risks to the City arising from the non-compliance; and (b) to ensure future non-compliance is avoided. The Procurement Manager shall record all reported non-compliance to the Procurement Oversight Committee on a quarterly basis and shall, in consultation with that committee: (a) develop recommendations for rectification of any such non-compliance; and (b) provide a report to Common Council on an annual basis of any non-compliance issues not resolved or without a remediation plan in place. 10.1.3 Procurement Oversight Committee Once established by the CAO, the Procurement Oversight Committee ("POC") shall meet at minimum on a quarterly basis, and more frequently as required, to address non-compliance incidents and develop non- compliance remediation measures that may include, based on the severity of the breach: (a) the requirement that the individual(s) involved in the breach complete prescribed procurement remediation training; (b) the suspension of the individual(s) involved in the breach from any future procurement -related activities including the use of the purchasing cards or any other involvement in the procurement process; (c) additional disciplinary measures as may be appropriate based on consultation with Human Resources and Legal Services; 281Page 6191 (d) a report to law enforcement authorities where the breach in question is of a criminal or quasi - criminal nature, and, for greater certainty, such breaches may include but are not limited to potential breaches of the Criminal Code or Competition Act. 10.2 Audit All Procurement activities will be subject to audit as prescribed by the CAO. 10.3 Reporting The Procurement Manager will prepare and submit to Common Council an annual report summarizing the City's Procurement activities, including: (a) Non-standard Procurements; (b) instances of non-compliance as described above; and (c) procurements over $100,000. 291Page 67� 301 Page 61FA COMMON COUNCIL REPORT M&C No. 2024-167 Report Date June 18, 2024 Meeting Date June 24, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Amendment to Schedule A - City of Saint John Housing Accelerator Fund 2024-2026 Action Plan—CMHC Agreement #27,097,302 AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Carrie Smith Amy Poffenroth/Pankaj Nalavde J. Brent McGovern RECOMMENDATION That Council authorize the City's HAF Project Manager to accept via email the amendment to Schedule "A" of the Housing Accelerator Fund Contribution Agreement between the City and CMHC dated as outlined in the email correspondence attached to this M&C 2024-167, and that the Mayor and Clerk be authorized to execute the said Amendment or any other documents ancillary thereto. EXECUTIVE SUMMARY The City of Saint John entered into an agreement with Canada Mortgage Housing Corporation (CMHC) for the Housing Accelerator Fund (HAF) on January 2, 2024, to provide $9.18 million in funding to the City to implement its HAF Plan, which was approved by Common Council in July 2023. The purpose of this report is to recommend an amendment to Schedule A to adjust milestone dates under Initiative 4 - Capitalize Affordable Housing and Initiative 7- E-Permitting for the One Stop Development Shop due to an error identified for two milestone start dates. PREVIOUS RESOLUTION On December 18, 2023, Common Council authorized the Mayor and Clerk to execute the Housing Accelerator Fund Contribution Agreement with the Canada Mortgage and Housing Corporation, generally in the form as presented to the Committee of Whole at its December 18, 2023, meeting. 611:3 -2- REPORT Staff identified two Milestone dates within Schedule A of the Housing Accelerator Fund Contribution Agreement between the City and CMHC that required revision. The table below outlines the revisions made to the appended Amended Schedule A. Initiative -1 Milestone Ir Current Dates a Revised Dates 4. Capitalize 2. Non -Profit sector Start: Start: Affordable engagement and 2024-12-02 2024-01-02 Housing best practice review Completion: Completion: 2024-04-01 2024-04-01 7. E-Permitting 2. RFP Development Start: Start: for the One Stop and Issuance 2024-04-02 2025-04-02 Development Completion: Completion: Shop 2025-07-15 2025-07-15 Pursuant to Section 12.9 of the Agreement, the parties have agreed to effectuate the amendments to Schedule A of the Agreement via the exchange of e-mailed communications. Staff has received an email with the revised agreement and has been asked to respond with acceptance of the revised Schedule A. Staff has reviewed the revisions provided by CMHC and recommend that these revisions be approved by Council and once approved will respond accordingly to confirm the change. STRATEGIC ALIGNMENT Council Priorities Common Council has established five priorities for their 2021-2026 term. Affordable Housing aligns with the following Council Priorities: Grow: Population Growth o Grow our population at a rate of 2% annually by the end of Council's term. Belong: Livable Neighbourhoods o Facilitate a mix of affordable housing in all of our neighbourhoods. Action is needed to increase the supply of housing and meet anticipated demand due to population growth goals and other demographic factors. Municipal Plan The HAF Plan supports the implementation of the Municipal Plan's vision of smart growth and complete communities, where the city's neighbourhoods are comprised of mixed income living and offer a range of diverse housing choices to meet different life cycle needs. 611%] -3- The HAF Plan expedites the delivery of the Municipal Plan's neighbourhood revitalization program through initiatives that target key intensification areas, primary corridors, and opportunities to add "gentle density." The Plan further aligns with the General Housing Policies of the Municipal Plan (HS-1-11), Affordable Housing (HS-12- 16), and Secondary Suites (HS-20-21). 10-Year Strategic Plan The HAF Plan supports the 10-Year Strategic Plan (2023-2027+)'s population growth target of an additional 15,000 residents over 10 years. To adequately respond to this growth target, housing starts will need to double. The HAF Plan expedites several additional objectives and actions, including growing the tax base, sale of City landholdings, development of a North End Neighbourhood Plan, expansion of incentive programs, implementation of the Affordable Housing Action Plan, and obtaining external funding for infrastructure investment. Affordable Housing Action Plan The HAF Plan implements the 2022-2027 Affordable Housing Action Plan's objectives, in particular as it relates to cultivating a more responsive housing system and expanding the supply and range of affordable housing options. SERVICEAND FINANCIAL OUTCOMES There are no impacts to service or financial outcomes resulting from the proposed changes to the Schedule A of the Housing Accelerator Fund Contribution Agreement between the City and CMHC INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The report and Contribution Agreement have been reviewed by the Office of General Counsel. Diligent and proactive management of the Agreement will be critical, in particular related to reporting requirements. During the first two years, staff will be reporting on progress toward meeting each milestone in the agreement, along with providing other information and attestations as outlined in the agreement. It is only in the final reporting year that the City's progress toward meeting the HAF 1,124 target will be measured, as CMHC recognizes time will be required to deploy initiatives and create results. Should the target not be fully reached, the Agreement indicates that the fourth and final advance could be reduced (4.1(iv)). Adjustments to milestone dates have been reviewed with Growth and Community Services Staff and other departments as applicable. Ais] -4- ATTACHMENTS 1. City of Saint John -Amended Schedule A - 2024-06-10 2. Email from CMHC 2024-06-11 3. Housing Accelerator Fund Contribution Agreement 2024-01-02 AI SCHEDULE A Approved Action Plan Section A - Initiatives Initiative 1 1. North End Secondary Plan Start Date 2024-02-01 Completion Date 2026-02-01 Expected Results 30 estimated permitted units that the Initiative will incent. Milestone 1 Project Charter Start Date 2024-02-01 Completion Date 2024-06-15 Milestone 2 RFP Start Date 2024-02-01 Completion Date 2024-06-15 Milestone 3 Infrastructure Modeling Start Date 2024-02-01 Completion Date 2024-08-01 Milestone 4 Community Improvement Plan and Infill Strategy Start Date 2024-06-15 Completion Date 2025-07-15 Milestone 5 Infrastructure Roadmap Start Date 2024-07-01 Completion Date 2025-09-01 Milestone 6 Adoption of CIP and Infill Strategy Start Date 2025-07-30 Completion Date 2025-12-27 Milestone 7 Communications and Awareness Start Date 2026-01-05 Completion Date 2026-02-01 Initiative 2 2. Housing Concierge Program Start Date 2024-01-02 HAF Contribution Agreement —October 26, 2023 I'M Completion Date 2025-01-01 Expected Results 50 estimated permitted units that the Initiative will incent. Milestone 1 Project charter Start Date 2024-01-02 Completion Date 2024-04-08 Milestone 2 Incentive program Start Date 2024-01-02 Completion Date 2024-08-01 Milestone 3 Implementation and roundtable Start Date 2024-01-02 Completion Date 2025-01-01 Initiative 3 3. Unlock Gentle Density Start Date 2024-01-02 Completion Date 2025-05-31 Expected Results 70 estimated permitted units that the Initiative will incent. Milestone 1 Project scoping and staff capacity building Start Date 2024-01-02 Completion Date 2024-05-11 Milestone 2 Award RFP for schematic plans and builder education Start Date 2024-01-02 Completion Date 2024-06-15 Milestone 3 Development of incentive grant program and permit fee reimbursement Start Date 2024-01-02 Completion Date 2024-08-01 Milestone 4 Adoption of Subdivision amendments Start Date 2024-06-01 Completion Date 2024-12-01 Milestone 5 Development of schematic plans and builder education Start Date 2024-06-15 Completion Date 2024-12-01 HAF Contribution Agreement —October 26, 2023 W Milestone 6 Adoption of program and staff training Start Date 2024-12-01 Completion Date 2025-05-01 Milestone 7 Communications rollout Start Date 2025-05-02 Completion Date 2025-05-31 Initiative 4 4. Capitalize Affordable Housing Start Date 2024-01-02 Completion Date 2024-12-01 Expected Results 30 estimated permitted units that the Initiative will incent. Milestone 1 Complete project charter Start Date 2024-01-02 Completion Date 2024-04-01 Milestone 2 Non-profit sector engagement and best practice review Start Date 2024-01-02 Completion Date 2024-04-01 Milestone 3 Develop amendments to Affordable Housing Grant Program Start Date 2024-01-02 Completion Date 2024-06-15 Milestone 4 Refine and implement Grant Program Start Date 2024-04-01 Completion Date 2024-12-01 Initiative 5 5. Leverage Public and Underutilized Land Start Date 2024-01-02 Completion Date 2025-04-01 Expected Results 50 estimated permitted units that the Initiative will incent. Milestone 1 Complete project charter, stakeholder engagement and scoping of root problem Start Date 2024-01-02 Completion Date 2024-06-01 HAF Contribution Agreement —October 26, 2023 AElI Milestone 2 Development of enriched GIS inventory of public and underutilized lands Start Date 2024-04-01 Completion Date 2024-12-15 Milestone 3 Land Acquisition and Disposition Policy Start Date 2024-06-01 Completion Date 2025-02-01 Milestone 4 Adoption of inventory tool and policy and communications Start Date 2025-02-01 Completion Date 2025-04-01 Initiative 6 6. Zoning By-law Reform Start Date 2024-01-02 Completion Date 2025-04-01 Expected Results 55 estimated permitted units that the Initiative will incent. Milestone 1 Complete project charter and onboarding of staff/consultant Start Date 2024-01-02 Completion Date 2024-03-31 Milestone 2 Background analysis and RFP Award Start Date 2024-04-01 Completion Date 2024-07-01 Milestone 3 Increase density in proximity to post -secondary education institutions and primary corridors Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 4 Increase the as -of -right number of permitted units within fully serviced residential zones to four. Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 5 Increase the maximum height allowance in the Mid -Rise Residential zone (RM) to five to six storeys. Start Date 2024-07-02 Completion Date 2025-02-01 HAF Contribution Agreement —October 26, 2023 Milestone 6 Increase the maximum number of dwelling units permitted within residential intensification areas to six, as appropriate Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 7 Permit garden suites and secondary suites within all residential zones as appropriate Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 8 Public engagement and adoption of amendments Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 9 Staff training - front counter and planners Start Date 2025-02-02 Completion Date 2025-04-01 Initiative 7 7. E-Permitting for the One Stop Development Shop Start Date 2024-12-01 Completion Date 2026-05-31 Expected Results 0 estimated permitted units that the Initiative will incent. Milestone 1 Needs Analysis Start Date 2024-12-01 Completion Date 2025-04-01 Milestone 2 RFP development and issuance Start Date 2025-04-02 Completion Date 2025-07-15 Milestone 3 Award RFP Start Date 2025-07-15 Completion Date 2025-10-31 Milestone 4 Staff training and implementation Start Date 2025-10-31 Completion Date 2026-05-31 Initiative 8 8. Governance Reform HAF Contribution Agreement —October 26, 2023 C�� Start Date 2024-01-02 Completion Date 2026-04-01 Expected Results 0 estimated permitted units that the Initiative will incent. Milestone 1 Complete project charter Start Date 2024-01-02 Completion Date 2024-04-01 Milestone 2 RFP Start Date 2024-02-01 Completion Date 2024-04-01 Milestone 3 Development of model Start Date 2024-04-01 Completion Date 2025-04-01 Milestone 4 Implementation Start Date 2025-04-02 Completion Date 2026-04-01 Section B — Targets i.The Recipient agrees to a Housing Supply Growth Target of 1,124 permitted housing units. ii.The Recipient agrees to the following Additional Targets: • 0 multi -unit housing units in close proximity to rapid transit • 164 missing middle housing units • 805 other multi -unit housing units • 9.03 percent of the Housing Supply Growth Target are affordable units. Section C - Housing Needs Assessment Report Select one applicable statement. [_] The Recipient recently (within two years of the 2022 federal budget announcement (April 7, 2022)) completed a Housing Needs Assessment Report and there is a reoccurring scheduled review date included in the report. The Recipient requested that the Housing Needs Assessment Report requirement be waived. There is no requirement to complete or update a Housing Needs Assessment Report. OR [ X ] The Recipient has recently (within two years of the 2022 federal budget announcement (April 7, 2022)) completed a Housing Needs Assessment Report, but it will need to be updated to include a reoccurring scheduled review date. The Recipient will add a reoccurring scheduled review date. OR [_] The Recipient does not have a Housing Needs Assessment Report. The Recipient will complete one and HAF Contribution Agreement —October 26, 2023 Cal include a reoccurring scheduled review date in the report. HAF Contribution Agreement —October 26, 2023 CKi 6/18/24, 4:40 PM RE: Amendment re: Housing Accelerator Fund (HAF) Contribution Agreement- City of Saint John (CMHC File No.: [27,097,302]) Tue 2024-06-11 4:33 PM 0 1 attachments (900 KB) City of Saint John - Amended Schedule A - 2024-06-10.pdf, [ 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 the IT Service Desk.** We are writing with respect to the contemplated amendments to Schedule A of the HAF Contribution Agreement (the "Agreement"), which was entered into on January 02, 2024. Pursuant to Section 12.9 of the Agreement, the parties have agreed to effectuate the amendments to Schedule A of the Agreement via the exchange of e-mailed communications. By way of this email, CMHC hereby consents to amending the Agreement by deleting Schedule A, in its/their entirety, and replacing it/them with the attached revised Schedule A. The attached schedule(s) shall form part of the Agreement and all other terms and conditions provided in the Agreement shall remain unchanged and in full force and effect. The amendments outlined in this email shall become effective upon receipt by CMHC of the Recipient's written consent. As such, we kindly ask that the Recipient provide its written consent to the amendments outlined in this email by replying to this email using the following text: We acknowledge receipt of CMHC's email below and confirm that we have read and understood the email and the revised Schedule A and agree to be bound by the terms and conditions outlined therein. We agree that the Agreement is hereby amended with the replacement of the revised Schedule A and that all other terms and conditions provided in the Agreement remain unchanged and in full force and effect. We trust the foregoing satisfactory. Please do not hesitate to contact the undersigned should you have any questions or wish to discuss this matter further. Sincerely, CANADA MORTGAGE AND HOUSING CORPORATION 69 https:///AAMkAGYxMjJkYmJkLTNkMjMtNGEzYi1 hNDM3LTQxNDhhZGUyZDNiMgBGAAAAAADUg4A6kAUWTK%2B0... 1 /2 6/1 Canada Mortgage and Housing Corporation Societe canadienne d'hypotheques et de logement cmhc.ca I schl.ca By 2030, everyone in Canada has a home that they can afford and that meets their needs. D'ici 2030, tout le monde au Canada pourra se payer un logement qui rdpond 6 ses besoins. NOTICE: This email message, including any attachments, is confidential, subject to copyright and may be privileged. Any unauthorized use or disclosure is prohibited. AVIS: Le present message, incluant toute piece jointe, est confidentiel, protege par des droits d'auteur et peut contenir des renseignements privilegies. L'utilisation ou la communication non autorisee de ces renseignements est interdite. 70 https://outlook.office.com/mail/inbox/id/AAMkAGYxMjJkYmJkLTNkMjMtNGEzYil hNDM3LTQxNDhhZGUyZDNiMgBGAAAAAADUg4A6kAUWTK%2B0... 2/2 HOUSING ACCELERATOR FUND CONTRIBUTION AGREEMENT THIS AGREEMENT is made between CANADA MORTGAGE AND HOUSING CORPORATION ("CMHC") and City of Saint John ("Recipient") (collectively the "Parties" and individually a "Party") with respect to the geographic and local area known as City of Saint John (the "Community"). WHEREAS: A. Canada faces a severe shortage of homes reducing the availability and affordability of housing. B. To address the housing shortage, among other measures, the Government of Canada introduced a housing accelerator fund ("HAF") in the 2022 federal budget that is intended to create more supply of housing at an accelerated pace and enhance certainty in the approvals and building process. C. CMHC is delivering HAF on behalf of the Government of Canada. D. CMHC is an agent of His Majesty in right of Canada pursuant to the Canada Mortgage and Housing Corporation Act, R.S.C.1985, c. C-7, as amended, and is entering into this Agreement in that capacity and pursuant to the National Housing Act, R.S.C. 1985, c. N-11, as amended. E. The Recipient has applied to receive funding under HAF and, in support of its application, has submitted a proposed action plan that sets out the action items, initiatives and targets that the Recipient will undertake and/or achieve to remove systemic barriers to housing supply and boost supply in the Community. F. CMHC has approved the Recipient's application, including the proposed action plan, on the condition, inter alio, that the Recipient enters into this Agreement with CMHC. NOW THEREFORE for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Interpretation 1A Definitions In this Agreement, including in the Schedules hereto, the following terms shall have the following meanings: (i) "Additional Targets" means the additional targets for housing types listed in Section B(ii) of the Approved Action Plan. (ii) "Applicable Laws" means, with respect to any person, property, transaction or event, all present or future applicable laws, statutes, regulations, rules, orders, codes, treaties, conventions, judgments, awards, determinations and decrees of any governmental, regulatory, fiscal or monetary body or court of competent jurisdiction in any applicable jurisdiction. (Ili) "Business Day" means any day other than a Saturday, a Sunday, or a statutory, civic or bank holiday in the Province of Ontario and/or in the province or territory where the Community is located. (iv) "Capital Project" means a project of a capital nature funded or partially funded by HAF Funding. (v) "Effective Date" means the date the Recipient executes this Agreement. HAF Contribution Agreement — October 26. 2023 71 (vi) "Housing Needs Assessment Report" means a report informed by data and in-depth research that describes the current and future housing needs of the Community. (vii) "Housing Supply Growth Target" means the total number of projected net new housing units set out in Section B(i) of the Approved Action Plan. 1.2 Schedules The following schedules are attached to, and form part of this Agreement as well as such other schedules as may be added with the Parties' approval (each, a "Schedule"): Schedule A Approved Action Plan Schedule B HAF Funding In the event of inconsistency between a Section or Sections of this Agreement and any Schedule, the Schedule prevails. 2. Term of the Agreement This Agreement will be effective for the period commencing on the Effective Date and ending on the fourth anniversary of the Effective Date (the "Term"), provided that the expiry of the Term will not relieve the Recipient from completing any obligations under this Agreement, which remain outstanding as of the fourth anniversary of the Effective Date, including but not limited to, any reporting obligations. 3. Approved Action Plan and Commitments 3.1 The Parties agree that the Recipient has submitted a proposed action plan that has been approved by CMHC, and the relevant provisions of the approved action plan are included in Schedule A (the "Approved Action Plan"). 3.2 Section A of the Approved Action Plan sets out the various initiatives and action items that the Recipient has committed to undertake and complete (together, the "Initiatives"). 3.3 Section B of the Approved Action Plan sets out the Housing Supply Growth Target and the Additional Targets that the Recipient has committed to achieve. 3.4 The completion of the Initiatives, the achievement of the Housing Supply Growth Target and the Additional Targets, and the submission of a Housing Needs Assessment Report are collectively referred to in this Agreement as the "Commitments". 3.5 The Recipient will undertake and complete the Initiatives and the Housing Needs Assessment Report, as applicable, by no later than the second anniversary of the Effective Date, or within the timelines set out in the Approved Action Plan under Schedule A, or as otherwise permitted by CMHC. 3.6 The Recipient will achieve the Housing Supply Growth Target and the Additional Targets by no later than the third anniversary of the Effective Date or as otherwise permitted by CMHC, as outlined in the prescribed reporting forms to be provided to the Recipient by CMHC (the "Prescribed Reporting Forms"). 3.7 The Recipient agrees to undertake and complete the Commitments subject to the terms and conditions of this Agreement. HAF ContrlbUtiOn Agreement— October 26, 2623 roil 3.8 The approval of the Approved Action Plan by CMHC does not relieve the Recipient from performing its own due diligence to ensure that it has the necessary authority to undertake the Commitments. 3.9 The Recipient is solely responsible for obtaining any approvals which may be required to implement the Commitments in the timeline necessary to meet the deadlines for completion, as set out in this Section 3. 4. Conditions to HAF Funding 4.1 Subject to the satisfaction of the following conditions by the Recipient, which conditions apply to each advance, CMHC agrees to advance HAF funding to the Recipient in the amount and pursuant to the advance schedule set out in Schedule B ("HAF Funding"): (i) The Recipient is in compliance with the terms and conditions of this Agreement; (ii) The Recipient has delivered all reporting required up to the date of the advance and CMHC, acting reasonably, is satisfied therewith; (iii) CMHC, acting reasonably, is satisfied with the Recipient's progress on the implementation and achievement of the Commitments; and (iv) As a condition of the fourth advance only, the Recipient has achieved the Housing Supply Growth Target and the Additional Targets. 4.2 The Recipient acknowledges that payment of an advance by CMHC is not a determination by CMHC that the Recipient has complied with the foregoing conditions of funding for that advance. CMHC may reduce or withhold future advances where it is determined that the Recipient was not in compliance with the conditions of funding at the time of an advance. S. Use of HAF Funding S.1 The Recipient may use HAF Funding for any of the following purposes (each of which is a "Permitted Use"). Investments in HAF action plans: - any initiative included in the Approved Action Plan Investments in affordable housing: - construction of affordable housing - repair or modernization of affordable housing - land or building acquisition for affordable housing Investments in housing -related infrastructure: - drinking water infrastructure that supports housing - wastewater infrastructure that supports housing - solid waste management that supports housing - public transit that supports housing - community energy systems that support housing - disaster mitigation that supports housing - brownfield redevelopment that supports housing - broadband and connectivity that supports housing - capacity building that supports housing - site preparation for housing developments Investments in community -related infrastructure that supports housing: local roads and bridges that supports housing sidewalks, lighting, bicycle lanes that supports housing - firehalls that support housing - landscaping and green space that supports housing HAF Contribution Agreement— October 26, 2023 3 rig] 5.2 The Recipient agrees that it will not use any portion of HAF Funding for any purpose, including any Capital Project, which is not a Permitted Use and that the Recipient will promptly return any portion of HAF Funding used for a purpose which is not a Permitted Use. 5.3 The Recipient acknowledges and agrees that it must spend HAF Funding prior to the fourth anniversary of the Effective Date and that, at CMHC's request, it will promptly return any portion of HAF Funding that it has not spent by the fourth anniversary of the Effective Date to CMHC. 5.4 The Recipient will report on its use of HAF Funding in accordance with the reporting requirements set out in Section 6.1 5.5 if the Recipient proposes to use HAF Funding for an Initiative or a Capital Project, which constitutes a project that is to be carried out, in whole or in part, on federal lands (as such terms are defined in the Impact Assessment Act), then the Recipient agrees that it will notify CMHC in writing of such proposed use and will not use the HAF Funding for such purpose until it has received confirmation from CMHC that the requirements of the Impact Assessment Act have been met. 6. Reporting 6.1 The Recipient will report to CMHC in the following intervals using the Prescribed Reporting Forms: (i) no later than 6 months following the Effective Date: submission of a signed attestation; prior to each subsequent advance and within 30 days following the first, second and third anniversary of the Effective Date, respectively: submission of a signed attestation, a progress report on each of the Commitments, a report on the permit data and a report on the use of HAF Funding; and (iii) within 90 days following the fourth anniversary of the Effective Date: submission of a report on the use of HAF Funding, and al I such reports will be submitted through an electronic upload into the portal established by CMHC or such other delivery method required by CMHC from time to time. 6.2 The Recipient acknowledges and agrees that: (i) CMHC may, in its sole discretion and acting reasonably, change the deadline for the submission of the reports, with prior written notice; (ii) CMHC may, in its sole discretion and acting reasonably, request additional reports from those listed in Section 6.1; and (iii) once submitted to CMHC, the Recipient will make the reports Fisted in Section 6.1 public in an open, transparent, effective and timely manner through means deemed appropriate by the Recipient, acting reasonably. For greater certainty, the Recipient must make each report public within one year from the date of submission to CMHC. 6.3 In addition to the reporting listed in Section 6.1, the Recipient will update CMHC, no less frequently than twice per year, with any new material information known to the Recipient regarding any previously disclosed Capital Project or any new Capital Project. HAF Contribution Agreement — October 26, 2023 rL� 7. CMHC's Riehts 7.1 If the Recipient is not able to satisfy the conditions for an advance set out in Section 4.1, then CMHC may, in its sole discretion, withhold HAF Funding or reduce HAF Funding. 7.2 The Recipient's eligibility for HAF Funding does not constitute an assurance that it will be approved for other forms of CMHC funding or other federal assistance. 7.3 HAF Funding may be combined with financial support from other CMHC or federal programs unless restricted in such other programs. 7.4 HAF Funding will not be considered as local or provincial/territorial cost -matching under the existing CMHC-Provincial/Territorial Bklateral Agreements, if applicable. 7.5 If the Recipient (or a representative thereof) commits fraud, misconduct, criminal acts, gross negligence, misrepresentation or willful misconduct in respect of any matter related to this Agreement, then CMHC may immediately terminate this Agreement and declare HAF Funding to be repayable to CMHC in whole or in part and may exercise any other rights and remedies it has by operation of law or equity. 7.6 if the Recipient (or a representative thereof) does not comply with the terms and conditions of this Agreement and does not remedy such non-compliance within the timeframe requested by CMHC, acting reasonably, then CMHC may immediately terminate this Agreement and may exercise any other rights and remedies it has by operation of law or equity. 7.7 CMHC and any of its officers, employees and agents, each acting reasonably, shall have the right to request any information relating to the Recipient's compliance with this Agreement during the Term and for a period of two years following the expiry of the Term. 8. Recipient's Representations and Warranties The Recipient represents and warrants to CMHC, as of the Effective Date, that: (i) all information provided to CMHC in the Approved Action Plan, application and any supporting documentation is true and correct; (ii) it has the requisite power, authority and capacity to execute, deliver and perform its obligations under this Agreement and this Agreement constitutes a legal, valid, and binding obligation of the Recipient; and (iii) it has obtained all necessary approvals and other actions whatsoever required as of the Effective Date in connection with the execution and delivery of this Agreement except for any approvals required to implement any Commitments which the Recipient has yet to obtain. The Recipient acknowledges that CMHC is relying on such representations and warranties without independent investigation. 9. Costs The Recipient is responsible for its own costs and expenses incurred in connection with the preparation, execution and enforcement of this Agreement. HAF Contribution Agreement October 26, 2023 r10 10. Liability and Indemni 10.1 CMHC shall not be liable to the Recipient or any other party in relation to HAF Funding. To the extent the Recipient engages or retains any third party in respect of its obligations under this Agreement, the Recipient shall remain liable to CMHC for the fulfillment of its obligations under this Agreement. 10.2 The Recipient agrees to indemnify and save harmless the Government of Canada, CMHC, its officers, directors and employees against all claims, demands, actions, suits or other proceedings of any nature whatsoever arising from or as consequence of or relating to (a) any breach by the Recipient of its obligations, or any misrepresentation by the Recipient under this Agreement; or (b) any act or failure to act on the part of the Recipient in connection with HAF Funding whether or not CMHC is named as a party. 11. Official Languages The Recipient acknowledges and understands that CMHC is governed bythe Official Languages Act (R.S,C.,1985, c.31(4th Supp.), as may be amended (`Official Languages Act") and follows related Treasury Board policies. The Recipient agrees to co-operate with CMHC to take any measures necessary to ensure compliance with the Official Languages Act. 12. General 12.1 This Agreement, including the Schedules, comprise the entire agreement entered into between the Parties with respect to the subject matter hereof. 12.2 The Parties acknowledge that, pursuant to the Financial Administration Act (Canada) and, for greater certainty, notwithstanding any other provisions of this Agreement, the obligations of CMHC to make any advance under this Agreement, including HAF Funding, are subject to there being a Parliamentary appropriation for the fiscal year in which the advance is to be made. CMHC has no liability in case of no or insufficient appropriations for HAF Funding or any part thereof. 12.3 Nothing in this Agreement will fetter the discretion of the Recipient's elected council as to future decisions by the elected council. To the extent that future council approvals are required to implement any Initiatives or Commitments, then it will be the responsibility of the Recipient to ensure such council approvals are actively pursued. 12.4 Delivery of notice under this Agreement shall be effective on the day following transmission by e-mail to the Parties at the e-mail addresses set out on the signature pages of this Agreement. 12.5 The parties acknowledge that CMHC may wish, at its discretion, to participate in any public communications relating to this Agreement undertaken by the Recipient. Prior to any public communications (including announcements), the Recipient must (i) notify CMHC in writing of any such communications at least thirty (30) Business Days prior to such communications and (ii) if so requested by CMHC in writing, permit CMHC to participate in such communications. Notwithstanding the foregoing, it is understood that this Section does not apply to any public communications arising from the reporting obligations outlined in Section 6.2 (iii) above. 12.6 If requested by CMHC, the Recipient shall publicly acknowledge CMHC's and the Government of Canada's HAF Funding in a manner acceptable to CMHC, acting reasonably. 12.7 CMHC and/or the Government of Canada may publicize details of the Recipient's use of HAF Funding, including any Capital Project, and by signing this Agreement, the Recipient consents to such disclosure and will cooperate with CMHC and/or the Government of Canada as appropriate to facilitate such publication. HAF Contribution Agreement— October 26, 2023 6 MCI 12.8 Without limiting the reporting obligations found within this Agreement, the Recipient will cooperate with CMHC and provide such additional information in respect of the Recipient's obligations under this Agreement as CMHC may reasonably require from time to time. 12.9 This Agreement may be amended only by written agreement of CMHC and the Recipient, including, for greater certainty, amendments by exchange of e-mailed communications between the Parties that expressly includes the consent of each Party to the amendment. 12.10 The Recipient shall not assign this Agreement without the written consent of CMHC. 12.11 The Recipient shall comply with all Applicable Laws, regulations, and all requirements of regulatory bodies having jurisdiction over the subject matter of the Agreement. 12.12 This Agreement will be governed by and construed in accordance with the laws of the province or territory where the Community is located and the federal laws of Canada applicable therein. 12.13 The Parties' rights and obligations, which by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 12.14 If, for any reason, a provision of this Agreement that is not a fundamental term is found by a court of competent jurisdiction to be or to have become invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all other provisions of this Agreement will continue to be valid and enforceable. 12.15 The failure of CMHC to insist on strict compliance with one or more of the terms of this Agreement shall not constitute a waiver of its right to enforce those terms at a later date. No provision of this Agreement shall be deemed to have been waived as a result of a breach by either Party of the provisions of this Agreement, unless such waiver is in writing and signed by CMHC. Any such waiver shall not be deemed a waiver for a subsequent breach of the same or any other provision of this Agreement. 12.16 Nothing in this Agreement is to be construed as authorizing one Party to contract for or incur any obligation on behalf of the other or to act as agent for the other. No Party will use the name, logo or marks of the other Party without the prior express written consent of that other Party, except as otherwise provided for in this Agreement. 12.17 Any reference to "Applicant" or "applicant" in the application has the same meaning as the "Recipient" as defined in this Agreement. 12.18 If the date for the doing of any act hereunder falls on a day other than a Business Day, such date shall be extended to the first Business Day following such day. 12.19 This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single Agreement. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf or any other electronic means shall be effective as delivery of a manually executed counterpart of this Agreement. The words "execution," "signed," "signature," "delivery," and words of like import in or relating to this Agreement shall be deemed to include a scanned and electronically transmitted copy of a "wet ink" signature, any electronic symbol or process attached to, or associated with, a contract or other record and adopted by an individual with the intent to sign, authenticate or accept such contract or record on behalf of a party, whether delivered by facsimile, e-mail, orthrough an information system (each an "Electronic Signature"), deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper -based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Laws. HAF Contribution Agreement -- October 26, 2023 7 MA 12.20 Any reference in this Agreement to gender includes all genders and words importing the singular include the plural and vice versa. The division of this Agreement into Sections and Schedules and the insertion of headings are for convenient reference only and are not to affect or be used in the construction or interpretation of this Agreement. HAF Contribution Agreement— October 26, 2023 [Signature pages follow] M-11 IN WITNESS WHEREOF the Parties agree to the terms and conditions of this Agreement as of the Effective Date. CANADA MORTGAGE AND HOUSING CORPORATION For Name: Chris Woodcock Title: Director, Client Development and Government Relations Email: HAF-FACL@cmhc-schl.gc.ca I have the authority to bind the corporation. CMHC signature page for Housing Accelerator Fund Contribution Agreement between CMHC and City of Saintlohn HAF Contribution Agreement October 26, 2023 Mel City of Saint John Name: Title: i�e, o v�o��6_v1 CIQr�1 Email:[ ko,nno_.C-ecAo�n S�L�r�,a�n.ct,] t ���e- av�.��-y le,d &SA\AI I have the authority to bind the Recipient. The Recipient has executed this Agreement on the a day of ) aA o ar l 2024 2 Recipient signature page for Housing Accelerator Fund Contribution Agreement between CMHC and Recipient I This e-mail address is for receipt of written notices pursuant to Section 12.4 and other communication under this Agreement. Accordingly, the e-mail address should be the e-mail address designated by the Recipient for the receipt of such communications. It will be up to the Recipient to ensure this e-mail address is monitored for such purposes. 2 Recipient to insertthe date that it signs the Contribution Agreement. HAF Contribution Agreement —October 26, 2023 10 E:ii] SCHEDULE A Approved Action Plan Section A - Initiatives Initiative 1 1. North End Secondary Plan Start Date 2024-02-01 Completion Date 2026-02-01 Expected Results 30 estimated permitted units that the Initiative will incent. Milestone 1 Project Charter Start Date 2024-02-01 Completion Date 2024-06-15 Milestone 2 RFP Start Date 2024-02-01 Completion Date 2024-06-15 Milestone 3 Infrastructure Modeling Start Date 2024-02-01 Completion Date 2024-08-01 Milestone 4 Community Improvement Plan and Infill Strategy Start Date 2024-06-15 Completion Date 2025-07-15 Milestone 5 Infrastructure Roadmap Start Date 2024-07-01 Completion Date 2025 09-01 Milestone 6 Adoption of CIP and InM Strategy Start Date 2025-07-30 Completion Date 025-12-27 Milestone 7 Communications and Awareness Start Date 2026-01-05 Completion Date 2026-02-01 Initiative 2 2. Housing Concierge Program Start Date 024-01-02 HAF Contribution Agreement — October 26, 2023 11 Ei1iI Completion Date 2025-01-01 Expected Results 50 estimated permitted units that the Initiative will incent. Milestone 1 Project charter Start Date 2024-01-02 Completion Date 2024-04-08 Milestone 2 Incentive program Start Date 2024-01-02 Completion Date 2024-08-01 Milestone 3 implementation and roundtable Start Date 2024-01-02 Completion Date 2025-01-01 Initiative 3 3. Unlock Gentle Density Start Date 2024-01-02 Completion Date 2025-05-31 Expected Results 70 estimated permitted units that the Initiative will incent. Milestone 1 Project scoping and staff capacity building Start Date 2024-01-02 Completion Date 2024-05-11 Milestone 2 Award RFP for schematic plans and builder education Start Date 2024-01-02 Completion Date 2024-06-15 Milestone 3 Development of incentive grant program and permit fee reimbursement Start Date 2024-01-02 Completion Date 2024-08-01 Milestone 4 Adoption of Subdivision amendments Start Date 2024-06-01 Completion Date 2024-12-01 Milestone 5 Development of schematic plans and builder education Start Date 2024-06-15 Completion Date 2024-12-01 HAF Contribution Agreement —October 26, 2023 12 Ell, Milestone 6 Adoption of program and staff training Start Date 2024-12-01 Completion Date 2025-05-01 Milestone 7 Communications rollout Start Date 2025-05-02 Completion Date 2025-05-31 Initiative 4 4. Capitalize Affordable Housing Start Date 2024-01-02 Completion Date 2024-12-01 Expected Results 30 estimated permitted units that the Initiative will incept. Milestone 1 Complete project charter Start Date 2024-01-02 Completion Date 2024-04-01 Milestone 2 Non-profit sector engagement and best practice review Start Date 2024-12-02 Completion Date 2024-04-01 Milestone 3 Develop amendments to Affordable Housing Grant Program Start Date 2024-01-02 Completion Date 2024-06 15 Milestone 4 Refine and implement Grant Program Start Date 2024-04-01 Completion Date 2024-12-01 Initiative 5 5. Leverage PublGc and Underutilized Land Start Date 2024-01-02 Completion Date 2025-04-01 Expected Results 50 estimated permitted units that the Initiative will intent. Milestone 1 Complete project charter, stakeholder engagement and scoping of root problem Start Date 2024-01 02 Completion Date 2024-06-01 HAF Contribution Agreement — October 26, 2023 13 E:ic' Mi estone 2 Development of enriched GIS inventory of public and underutilized lands Start Date 2024-04-01 Completion Date 2024-12-15 Milestone 3 Land Acquisition and Disposition Policy Start Date 2024-06-01 Completion Date 2025-02-01 Milestone 4 Adoption of inventorytool and policy and communications Start Date 2025-02-01 Completion Date 2025-04-01 Initiative 6 6. Zoning By-law Reform Start Date 2024-01-02 Completion Date 025-04-01 Expected Results 55 estimated permitted units that the Initiative will incent. Milestone 1 Complete project charter and onboarding of staff/consultant Start Date 2024-01-02 Completion Date 024-03-31 Milestone 2 Background analysis and RFP Award Start Date 2024-04-01 Completion Date 2024-07-01 Milestone 3 Increase density in proximity to post -secondary education institutions and primary corridors Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 4 Increase the as -of -right number of permitted units within fully serviced residential zones to four. Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 5 Increase the maximum height allowance in the Mid -Rise Residential zone (RM) to five to six storeys. Start Date 2024-07-02 Completion Date 025-02-01 HAF Contributi on Agreement —October 26, 2023 14 Ei11 Milestone 6 Increase the maximum number of dwelling units permitted within residential intensification areas to six, as appropriate Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 7 Permit garden suites and secondary suites within all residential zones as appropriate Start Date 024-07-02 Completion Date 2025-02-01 Milestone 8 Public engagement and adoption of amendments Start Date 2024-07-02 Completion Date 2025-02-01 Milestone 9 Staff training -front counter and planners Start Date 2025-02-02 Completion Date 2025-04-01 Initiative 7 7. E -Permitting for the One Stop Development Shop Start Date 2024-12-01 Completion Date 2026-05-31 Expected Results 0 estimated permitted units that the Initiative will incent. Milestone 1 Needs Analysis Start Date 2024-12-01 Completion Date 2025-04-01 Milestone 2 RFP development and issuance Start Date 2024-04-02 Completion Date 2025-07-15 Milestone 3 Award RFP Start Date 2025-07-15 Completion Date 2025-10-31 Milestone 4 Staff training and implementation Start Date 2025-10-31 Completion Date 2026-05-31 Initiative 8 8. Governance Reform HAF Contribution Agreement — October 26, 2023 1s E-111 Start Date 2024-01-02 Completion Date 2026-04-01 Expected Results 0 estimated permitted units that the Initiative will intent. Milestone 1 Complete project charter Start Date 2024-01-02 Completion Date 2024-04-01 Milestone 2 RFP Start Date 2024-02-01 Completion Date 2024-04-01 Milestone 3 Development of model Start Date 2024-04-01 Completion Date 2025-04-01 Milestone 4 implementation Start Date 2025-04-02 Completion Date 2026-04-01 Section B—Targets i.The Recipient agrees to a Housing Supply Growth Target of 1,124 permitted housing units. ii.The Recipient agrees to the following Additional Targets: • 0 multi -unit housing units in close proximity to rapid transit 164 missing middle housing units • 805 other multi -unit housing units • 9.03 percent of the Housing Supply Growth Target are affordable units. C - Housing Deeds Assessment Report one applicable statement. _] The Recipient recently (within two years of the 2022 federal budget announcement (April 7, 2022)) complete Housing Needs Assessment Report and there is a reoccurring scheduled review date included in the report. The 2cipient requested that the Housing Needs Assessment Report requirement be waived. There is no requirement P complete or update a Housing Needs Assessment Report. ) The Recipient has recently (within two years of the 2022 federal budget announcement (April 7, 2022)) ,ipleted a Housing Needs Assessment Report, but it will need to be updated to include a reoccurring schedu ed iew date. The Recipient will add a reoccurring scheduled review date. R HAF Contribution Agreement— October 26, 2023 16 EiTi.7 L] The Recipient does not have a Housing Needs Assessment Report. The Recipient will complete one and include a reoccurring scheduled review date in the report. HAF contribution Agreement —October 26, 2023 E-1yl SCHEDULE 8 HAF Funding Subject to compliance with the terms and conditions of this Agreement, the Recipient will be eligible for HAF Funding in the amount of $ 9,182,646.80. HAF Funding will be disbursed in four separate advances as follows: ADVANCES CMHC FISCAL YEAR An First Advance 2023/24 $ 2,295,661.70 (Effective Date — March 31, 2024) Second Advance 2024/25 $ 2,295,661.70 (April 1, 2024 — March 31, 2025) Third Advance 202S/26 $ 2,295,661.70 (April 1, 2025 — March 31, 2026) Fourth Advance 2026/27 $ 2,295,661.70 (April 1, 2026— March 31, 2027) HAF Contribution Agreement —October 26, 2023 is E:1:3 COUNCIL REPORT M&C No. 2024-166 Report Date June 10, 2024 Meeting Date June 24, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Amending the Section 131 Agreement for 99 King Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner / Dept Chief Administrative Officer Head Yeva Mattson Amy Poffenroth / J. Brent McGovern Pankaj Nalavde RECOMMENDATION That Common Council assent to amending the Section 131 Agreement for 99 King Street as follows: a) That Section 1(b) of the agreement be amended to reflect the revised location of the awning as identified in the attached Site Plan; and b) That Section 2 of the agreement be deleted. EXECUTIVE SUMMARY The proponent has applied to amend the Section 131 Agreement for 99 King Street regarding the proposed public use of the loading bay and the location of the proposed awning. Assent of Common Council is recommended by Staff. DECISION HISTORY In 2021, a Zoning By -Law amendment to Schedule G: Central Peninsula Maximum Building Heights was completed. The amendment increased the maximum building height for the property identified as 99 King Street to 55 metres. As part of this amendment, Common Council authorized an Agreement between the City and the Developer for a Section 131 Agreement, which was associated with proposed public benefits for the project. The public benefits included: E-lue -2- a) The resurfacing of the upper portion of the City lands known as South Market to highlight the separation between the vehicular and pedestrian realms in order to implement a shared street design. This will include the use of decorative paving materials and may include the use of stamped concrete, subject to the approval of the Development Officer and alignment with the approved design for South Market; b) The establishment of a canopy between the proposed building and the City Market; c) Providing permission for the City of Saint John to utilize the loading dock for public uses including the Night Market and pedestrian use; d) The inclusion of a canopy to be placed over the loading doors and ramp, to enhance the space for public uses. The applicant entered into a Section 131 Agreement January 12, 2022. A copy of the Agreement is attached to this report. REPORT The subject site is located in the City's Uptown, fronting onto Charlotte Street, King Street, and South Market and will be developed as a mixed -use commercial and residential building. As part of the detailed design of the proposed building, changes have occurred that will require an amendment to the Section 131 Agreement in order to facilitate the issuance of a building permit for the proposed development. The applicant has applied for an amendment to Conditions 1 (b) and Condition 2 of the Section 131 Agreement. Condition 1 (b) outlines the location of the awning or canopy to be located between the new building and the City Market. Due to design changes, the applicant is proposing to limit the location of the awning to the parking entrance and associated pedestrian entrance located near the rear of the South Market building fagade. Condition 2 is associated with the use of the loading dock which was originally incorporated within the structure at the corner of Charlotte Street and South Market. Detailed design of the structure has eliminated the internal loading dock and has replaced it with an established loading zone to be located on South Market. Due to the change in the design, Condition 2 of the agreement, which would have permitted the loading dock to be used by the City for public use, is no longer feasible. This requires the elimination of Condition 2 of the agreement. Staff has reviewed the proposed amendments and is of the opinion that the proposed changes to the Section 131 Agreement will not impact the overall integrity and public benefit of the project, and that the amendments are the result of necessary design changes that occurred 0I91 -3- during the detailed design of the project. Staff recommend that Common Council assent to the proposed amendments to the agreement. STRATEGIC ALIGNMENT The proposed development aligns with the following elements of the City's 10-Year Strategic Plan: • Grow our property tax base by 3% annually, including at least 1% of new build assessment. • Grow our population to 85,000 from current population of 70,000. SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office reviewed and consented to the recommendation. ATTACHMENTS January 12, 2022 Section 131 Agreement — 99 King Street Application Package 021 7 0C s C;;�?aa -0a-0y (A111695.. S'Z_ This Development Agreement made in duplicate as of the 2-day of January, 2022, BY AND BETWEEN (the "Agreement"): Parcel Identifier: 00039982 and 00037093 Developer: WJL Holdings Inc. 1121 Kennebecasis Drive Saint John, New Brunswick E2K 5A7 City: The City of Saint John City Hall Building 15 Market Square, P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Background A. An application was submitted to the City of Saint John (the "City") seeking the rezoning of two parcels of land having an area of approximately 1709 square meters located at 85-87 and 91 King Street, identified as PIDs and 00037093 and 00039982, in the City of Saint John (collectively, the "Lands"). B. The application referred to in paragraph A sought to amend Schedule "G" of the Zoning By -Low of the City of Saint John, By-law number CP-111, to increase the maximum building height from 28 meters and 42 meters to 55 meters for the Lands, C. The City gave third reading to the requested redesignations in accordance with the Community Planning Act, SNB 2017, c. 19, (the "Act") at an open session meeting held on September 7, 2021, and passed By -Law Number C.P. 111-1 16 "A Law to Amend the Zoning By -Law of The City of Saint John." D. Pursuant to s. 131(1) of the Act, the City accepted conditions proposed by the Developer for public benefits associated with the development and said conditions are contained in the body of this Agreement. IT IS HEREBY AGREED AND WITNESSED that the Developer for and in consideration of the City amending the By -Law as outlined at paragraph C, and the City entering into this Agreement as well as other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, agree as follows: 92 Conditions The Developer shall be solely responsible for the following: a. resurfacing of the upper portion of the City -owned lands known as South Market Street to highlight the separation between the vehicular and pedestrian areas in order to implement a shared street design. The Developer's responsibility shall begin at Charlotte Street and extend westward to the rear of the property line for 85-87 King Street, as identified in yellow on the Site Plan attached hereto as Schedule "A". This shall include the use of decorative paving materials and may include the use of stamped concrete, subject to the approval of the Development Officer and alignment with the approved design for South Market Street; and b. establishing a canopy between the proposed building and the City Market from Charlotte Street extending westward to the rear of the property line for 85-87 King Street, as identified in yellow on the Site Plan attached hereto as Schedule "A". The Developer shall provide the City with design specifications for the canopy which shall be of high -quality material and consistent with the approved design for South Market Street. 2. The City shall have the opportunity to use the loading dock, during non -business hours, of the proposed building for public purposes, including the Night Market and pedestrian use, upon written request to the Developer and on the condition that the loading dock is not otherwise in use by the Developer, tenants, or other occupiers of the building. A canopy shall be placed over the loading doors and ramp, to enhance the space for public use. The City and the Developer may enter into further agreements regarding the use of the loading dock by the City, which agreements shall be satisfactory to both parties, acting reasonably. For greater certainty, in no way shall this Agreement, or any future agreement entered into by the City and the Developer regarding use of the said loading dock for public purposes, be construed as the Developer granting to the City an easement, right of way or any other rights running with the land. Default and Enforcement 3. Any alleged failure to comply with the material terms of this Agreement shall be delivered in writing by the party alleging the default to the defaulting party ("Notice"). The terms of the Notice shall include the nature of the default, how the default may be remedied, and a commercially reasonable timeframe for the default to be remedied. 93 4. Upon expiration of the timeframe given in the Notice to remedy a default, without the default being remedied, the City shall be at liberty to enforce this Agreement. Enforcement action by the City may include, but is not limited to, a call on any letter of credit given by the Developer to the City or other security to arrange for the remedial steps identified in the Notice to be taken, without any further notice being given to the Developer. General Terms 5. Any notice, direction, or other document required or permitted to be given pursuant to this Agreement to any party shall be in writing and shall be sufficiently given if delivered personally, sent by prepaid registered mail, or if transmitted by facsimile or other form of recorded communication tested prior to the transmission to each party: a. In the case of the City at: 15 Market Square P.O. Box 1971 Saint John, New Brunswick E21- 41-1 Attention: City Clerk b. In the case of the Developer at: 1121 Kennebecasis Drive Saint John, New Brunswick E2K 5A7 Attention: Percy Wilbur b. Any notice delivered to the party to whom it is addressed as provided at paragraph 5 herein shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such a day is not a business day then the notice shall be deemed to have been given and received on the next business day. Any notice mailed shall be deemed to have been given and received on the third business day following the mailing. Any notice transmitted by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, and successors or assigns. B. The parties shall act with reasonable diligence to do all such things and provide all such reasonable assurances as may be required to complete this Agreement, and each party shall provide such further documents or instruments required by 94 any other party as may be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its provisions. 9. If any covenant or provision of this Agreement is prohibited in whole or in part, such covenant or provision shall be ineffective to the extent of such prohibition without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from their Agreement to the extent of such prohibition. 10. Except as specifically provided for herein, nothing herein, express or implied, is intended or shall be construed to confer upon or to give any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 11. Neither party is responsible for any loss, detention, default, damage or delay in fulfilling the obligations under this Agreement caused by or resulting from reasons beyond its reasonable control, such as acts of god or war, public health emergencies, epidemics and pandemics, including the coronavirus pandemic (COVID-19), flood, fire, or explosion, shortage of water, power, facilities, materials and supplies, breakdowns in or the loss of production, strikes, lockouts, riots, embargoes, inability to obtain necessary labour, materials or manufacturing facilities due to such causes or delays of subcontractors and suppliers of each party furnishing materials or supplies due to one or more of the foregoing causes. In an event of a force majeure, each party is allowed a reasonable period of time to fulfil the obligations under this Agreement having regard to the applicable circumstances. 12. This Agreement and the rights, obligations, and relations of the parties shall be governed by the and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based upon any provision of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. 13. This Agreement may be signed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute one and the same instrument. [Signature Page to Follow) 95 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the to day of January, 2022. SIGNED, SEALED & DELIVERED In the presence of: 0 Common Council Resolution: September 7, 2021 W/L Holdings Inc. Per: Schedule "A" Site Plan Denoting Developer's Obiiaations for Street Paving and Canoov 97 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land titles Act, S.N.B.19181, c14.1, s.55 Deponent: Percy Wilbur 1 Germain Street, Suite 1500 Saint John, NB E21- 4H8 Office Held by Deponent: President Corporation: W/L Holdings Inc. Place of Execution: Saint John, New Brunswick 1 Date of Execution: January , 2022. I, Percy Wilbur, the deponent, make oath and say, 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the corporate has no seal; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. DECLARED TO at the City of Saint John, in the County of Saint John and Province of New Brunswick, on the-1 day of January, 2022 BEFORE MEA Michael A. Gillis Commissioner of Oaths Being a Solicitor Percy Wilb r Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s.55 Deponent: Jonathan Taylor 2nd Floor, City Hall Building 15 Market Square, P.O. Box 1971 Saint John, NB E2L 41_1 Office Held by Deponent: Common Clerk Corporation: The City of Saint John Other Officer Who Executed the Instrument: Donna Noade Reardon 3rtl Floor, City Hall Building 15 Market Square, P.O. Box 1971 Saint John, NB E21_4L1 Office Held by Other Officer Who Executed the Instrument: Mayor Place of Execution: Saint John, New Brunswick Date of Execution: January -40 2022 I, Jonathan Taylor, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. The seal affixed to the foregoing instrument is the Common Seal of The City of Saint John and that it was so affixed by Order of the Common Council of the said City; 4. That the instrument was executed at the place and on the date specified above. SWORN to at the City of Saint John, in ) the County of Saint John, in the Province } of New Brunswick, this 70 day of ) Janbuy 22, before me: �puuiruuruuu,,, ) aap�EL/�fiy ) ��;•'' �4 Jacqueline M. Boucher 0 ; NOrY9 =0G nathan Taylo a Commissioner of Oaths Z f Being a Solicitor pq IC 99 Parcel Identifier: Owner: CERTIFICATE OF EFFECT 00039982 and 00037093 W/L Holdings Inc. 1121 Kennebecasis Drive Saint John, New Brunswick E2K 5A7 THIS IS TO CERTIFY THAT the intended effect of the registration of the attached AGREEMENT on the current Certificate of Registered Ownership for the specified parcel is as follows: Add Encumbrance: The City of Saint John Agreement Holder INSTRUMENT. Agreement Date: JANUARY 20, 2022 Subscriber: Jacqueline -Boucher The City of Saint John 15 Market Square Saint John, New Brunswick E21- 1E8 OUR FILE NO.4324 100 Development Shop II.%N\1'.(, 61111)I.t, I'\IR\SlRt(.IiRI- SAINTtaHN OneStop@sainljohn.ca Phone:658-2911 Fox:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS: T99 KING ST., Saint John, NB E2L 1G5 PID#: 00039982,00037093 Uj HERITAGEAREA: Y/ N INTENSIFICATION AREA: Y/ N FLOODRISKAREA: Y/ N APPROVED GRADING PLAN: Y/ N APPLICATION #: DATE RECEIVED: I— RECEIVED BY: APPLICANT EMAI L PHONE PERCY WILBUR (W/L Holdings Inc.) percywilbur@gmail.com +1 506-643-1336 z 0 MAI LI NG ADD R ESS POSTAL CODE 1121 Kennebecasis Dr, Saint John, NB. E2K 5A6 rf, CONTRACTOR EMAIL PHONE O 1 z MAI LI NG ADDRESS POSTAL CODE z <C U OWNER EMAIL PHONE Q PERCY WILBUR (W/L Holdings Inc.) percywilbur@gmail.com +1 506-643-1336 MAI LING ADDRESS POSTAL CODE 1121 Kennebecasis Dr, Saint John, NB. E2K 5A6 PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE Q� INTERIOR RENOVATION []NEW CONSTRUCTION VARIANCE �STREETEXCAVATION �HERITAGEDEVELOPMENT EXTERIOR RENOVATION []ACCESSORY []PLANNING -]DRIVEWAY �HERITAGESIGN ADDITION POOL �PACAPPLICATION DRAINAGE �HERITAGEINFILL Q DECK DEMOLITION COUNCILAPP WATER & SEWERAGE HERITAGE DEMO Y �CHANGE OFUSE 11 SIGN SUBDIVISION OTHER OTHER V MINIMUM STANDARDS 11 OTHER �✓ OTHER The request to remove the loading dock from the 131 Agreement 0 z 0 Y Cl- 0 E2 � The location and redesign of the canopy U V) W 0 01 consent to the City of Saint John sending tome 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 1E8 CommonClerk@saintj ohm. ca (506) 658-2862 I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes oil 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. PE CY WILBUR Ap licant ame //� '- fl6 Id ' W , S Applicant Si nature 202 6-04 Date -C Amendment to the Section 131 Agreement for 99 King Street Developer: W/L Holdings Inc. 112the location and redesign of the canopy1 Kennebecasis Drive Saint John, New Brunswick E2K 5A7 City: The City of Saint John City Hall Building 15 Market Square, P.O Box 1971 Saint John, New Brunswick E21- 4L1 Dear Sir/Ma'am, Regarding the loading dock area, we are requesting is a removal of the shared use of the loading area from the 131 Agreement, as the loading dock area is being eliminated from the design. Canopy Location - We have included the proposed canopy location spanning over South Market Street connecting the new building and the Market Building. The original agreement had written that the canopy over South Market Street would extend from Charlotte Street to the rear of the property line for 85-87 King Street. Creating a canopy over the entire East portion of South Market Street seemed excessive, so we have proposed a much smaller area and propose to design the canopy as a gateway to the outdoor Market area on the West portion of South Market Street. The canopy proposes to connect the entrance / exit of the new building and an entrance / exit for the Market Building. Revisions to Loading Dock Area - Upon addressing some City concerns regarding the street frontage of the new building and loading dock area along Charlotte Street, it is proposed to use South Market Street as a dual loading area for the new building located at 99 King Street and the Market Building. We are requesting to remove the shared use of the previous loading dock area from the Section 131 Agreement, as this loading dock area has been redesigned and will no longer be part of the design of the proposed building. The new proposed building frontage along Charlotte Street will extend to the corner of South Market Street and Charlotte Street and create a more consistent commercial frontage along Charlotte Street to replica the existing historical Charlotte Street frontage. It also eliminates the need for a recessed loading dock area that fronts Charlotte Street, which was problematic from the city perspective. Please find attached the corresponding site plan drawing for the amendment to Section 131 agreement submission. Thanking you Yours Sincerely, Percy Wilbur 102 m o8 �rcm O 4�� C a'mz� K � �Tda- ^ z4at9�wT W O>� N vti OF y-ai Ci �V o3C^G �mcvm ��aa= E 3� w V Do � mo // / CNPRLp"CT � b w z ca CO Z O Lu jL a� N\WI-1.1ZY . ' o i' ''. I' ''. 00.' PROPER 30• VO LLJ `t \` O 0 Z ZJ \; m F ;. \` W h z ddd V C w C A 103 , I» r\ Z 0� W (f LU N!° I ;) Z il :! 9 7 ( .! ] | ( z w 2 � \|§ { !}j !�{\ COUNCIL REPORT M&C No. 2024-175 Report Date June 18, 2024 Meeting Date June 24, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Fleet Replacement Procurement —June 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 four (4) 43,000LB. Cab and Chassis Single Axle Trucks with attachments at a total cost of $1,398,720.00 plus HST to Viking-Cives Ltd. EXECUTIVE SUMMARY The City of Saint John manages a fleet rolling stock of approximately 290 units. Each year, the City's Fleet Management Division works with various City departments to identify and replace units which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest proposed units which require Common Council approval. The City currently has over 75 units past their optimal replacement point (ORP, a calculation based on the age of a unit, the odometer reading, overall condition and maintenance cost) and this year, 36 units (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. PREVIOUS RESOLUTION Not applicable. liWee -2- REPORT Of the 290 rolling stock units, Fleet Management manages six (6) 43,000LB. Cab and Chassis Single Axle Trucks with attachments utilized by Public Works and Transportation Services. These units perform a wide variety of tasks including plowing and salting in the Winter and assist with asphalt, landscaping, excavation, demolition, and construction projects during the Summer. The four (4) units in this recommendation are to replace four (4) units in Public Works and Transportation Services (PWT); 601, 603, 606, and 611. These units are considered toolboxes via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. $41' _ __=.;a0 $3= --.:_'0 _ D0 $200,5--= =0 � Lifetime � Last 3 Years —ORP 4 Single Axle Trucks- Maintenance % ORP 11 601 - 2014 INTL. SINGLEAXLE $345, 656.08 $180,342.33 26 603 - 2011 INTL. 606 - 2014 INTL 611- 2008 INTL SINGLE AXLE SINGLE AXLE SINGLE AXLE $364,125.31 $365,570.17 $269,608.86 $93,690,15 $151,083.85 $89,367.05 28 26 34 40 35 30 25 20 15 10 5 0 The minimum specifications used in this RFP process have been previously utilized for past purchases and should allow for a closer standardization of the fleet, should reallocation be required. The tentative delivery date on the new four (4) units is approximately 40 weeks. Of the four (4) units being replaced, all will be sent directly to auction. 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. SERVICEAND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet units, approved in the 2024 capital budget. The funds specifically are provided for in the General Fleet Reserve, funded from the respected operating budgets. `191.1 -3- The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for 43,000LB. Cab and Chassis Single Axle Trucks with attachments. As such the RFP closed on May 22, 2024, with the following proponents responding by submitting proposals: Viking-Cives Ltd. Applied Pressure Inc. 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. Quality and Completeness of Proposal 2. Compliance with Minimum Specifications 3. Delivery 4. Service Response Time 5. Value Added 6. Cost Also, in accordance with the City's standard procedures, the committee members evaluated the proposal based on the proposals' technical merits. Following this, the financial bid was opened and evaluated, and corresponding score was added to the technical score. Viking-Cives Ltd.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at the lowest cost. The above processes are in accordance with the City's Strategic Procurement Policy and Supply Chain Management support the recommendations being put forth. ATTACHMENTS None `[9tl COUNCIL REPORT M&C No. 2024-172 Report Date June 19, 2024 Meeting Date June 24, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Contract 2023-26: Charlotte Street (Union Street to King Square South) — Storm Sewer Installation and Street Reconstruction AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jill DeMerchant Ian Fogan/ Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that: Contract No. 2023-26: Charlotte Street (Union Street to King Square South) — Storm Sewer Installation and Street Reconstruction be awarded to the lowest tenderer, Galbraith Construction Ltd., at their tendered price of $3,079,445.28 (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. 2023-26: Charlotte Street (Union Street to King Square South) — Storm Sewer Installation and Street Reconstruction project to the low tenderer. PREVIOUS RESOLUTIONS October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Budget, approved. April 17, 2023: M&C 2023-098 - 2023 General Fund and Utility Fund Capital Budget Update, approved. October 30, 2023: M&C 2023-233 — Charlotte Street Reimagination Project — Traffic and Parking By-law Amendments, 15t and 2nd Readings approved. `DU] -2- REPORT The approved 2023 General Fund Capital Program includes funding for the reconstruction of Charlotte Street between Union Street and King Square South. The work generally includes the installation of new storm sewer, new traffic signal infrastructure, new bike lanes, new concrete curb and sidewalk, brick medians, tree pits, and decorative light poles, as well as a street reconstruction. TENDER RESULTS Tenders closed on June 121h, 2024, with the following results, including HST: 1. Fairville Construction Ltd. $ 3,682,952.05 2. Galbraith Construction Ltd. $ 3,079,445.28 3. TerraEx Inc. $ 3,231,991.63 The Engineer's estimate for the work was $2,875,345. ANALYSIS The tenders were reviewed by staff and all were found to be formal in all respects except for the tender from TerraEx Inc. The tender from TerraEx Inc. contained an error in an extension of a unit price which was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, item 2.11(u)(i). The error was corrected, and the correct total was used for evaluation purposes and reported above in the tender results. 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 General Fund Capital Program. The transportation and storm sewer components of this project are partially funded by the Integrated Bilateral Funding program (Other Share). The new traffic light components of this project are entirely funded by the City. Assuming 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. In determining the overall budget for the storm and transportation components of the project, a breakdown of Other Share (73.33%) and City Share (26.67%) was used based on the approved 2023 Capital Program. This allocation was determined by considering the City Share as 26.67% of the overall budget. Estimates have been included in the Project Net Cost for materials and services for Saint John Energy to remove and reinstate streetlights and electrical infrastructure within the project area including street lights, conduit and pull 109 -3- boxes. The project net cost also includes the pre -purchased of traffic signal equipment that will be provided to the Contractor for installation once they arrive. The analysis is as follows: Budget $ 1,756,130.48 Project Net Cost $ 3,159,931.25 Variance (Shortfall) - $ 1,403,800.76 The variance for the storm sewer and transportation project components only is a projected shortfall of $1,768,156.18. There is a projected surplus of $364,355.42 for the traffic light components only. The resulting overall project shortfall including all project variables is $1,403,800.76. For the storm and transportation project components the shortfall for the 2023 General Fund is $471,567.25 City Share (26.67%) while $1,296,588.93 Other Share would come from the overall Integrated Bilateral Fund envelope. There is a surplus within the traffic light components of the project, this surplus will be used to offset a portion of the City Share shortfall ($471,567.25 - $364,355.42 = $107,211.83). The remaining $107,211.83 City Share shortfall will come from the already approved Council recommendation as part of M&C 2023-098 to transfer up to two million dollars from the General Fund Capital Reserve to 2023 General Fund Capital projects requiring additional funding as part of an overall plan to allow overages to be offset with available funding. Ili1414V=9: 1►107: 1ilk] 1►[eti]9 D [aLRI111 [a]Irel►Mto] ►11: MaN 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, MOVE, GREEN AND PERFORM as the project includes reconstructing sections of Charlotte Street that are currently in poor condition while leveraging Other Share funding. The project aligns with MoveSJ and the Central Peninsula Secondary Plan where it was recommended to install bike lanes along Charlotte Street with the goal of improving access for all transportation modes along the street. The reconstruction of Charlotte Street (Union Street to King Square South) includes the installation of a new storm sewer which will allow for full separation of sanitary sewer and storm sewer flows within the project limits, the installation of new traffic signal equipment at the intersection of Charlotte Street and King Square North, and the reconfiguration of the streetscape. The street reconstruction design achieves a more livable environment in the Southern Peninsula. 110 -4- A few noteworthy improvements include: • Updated street cross-section — The street cross -sections on Charlotte Street from Union Street to King Square South are being updated to support the installation of the bike lane. The vehicle lane widths will be reduced and the street cross -sections between King Square South and King Street and between King Street and King Square North will be reduced from two vehicle lanes to one and from three vehicle lanes to two, respectively. • Bike lane installation —A new 1.8 m wide bike lane will be included on the west side of Charlotte Street. The Central Peninsula Secondary Plan and Move SJ have identified Charlotte Street from Broad Street to Union Street as being a "complete street", which would include the installation of dedicated bike lanes. Several Traffic By-law amendments are required to support the installation of the bike lane. Council has approved 15t and 216 readings of these by-law amendments (October 30, 2023, M&C 2023-233) and it is staff's intention to return to Council for the third reading of the Traffic By-law amendments once this project is nearing completion and the bike lane is ready for use. • Curb extensions — Curb extensions will be installed in the Charlotte Street / King Square North and Charlotte Street / King Square South intersections. These extensions will improve pedestrian safety by reducing the crossing distances for pedestrians as well as making pedestrians about to cross King Square North and South more visible to motorists. This is achieved by moving the crossing point away from the curb, and from any parked vehicles, to a location that is more in line with the motorist's field of vision. The curb extensions will also enhance safety through traffic calming which results from the reduced street cross-section (asphalt width) at the intersections. Existing curb extensions at the intersection of King Street / Charlotte Street will be enlarged as a result of the reconfiguration of this intersection. • On -street parking — The existing on -street parking between Union Street and King Square South will be removed as part of the project. These changes to on -street parking were part of the community engagement process staff conducted via the Shape Your City platform. Results of this community engagement have been previously reported to Council on October 30, 2023 (M&C 2023-233). • Pedestrian access ramps —Access ramps will be installed on the sidewalks at pedestrian crossings that are flush with the asphalt roadway surface. This will remove any barriers to access by all users of the pedestrian transportation infrastructure. Tactile warning surface indicators will also be installed at all crosswalks. • Relocation of transit stop — Following consultation with Saint John Transit Staff, it was decided that the existing transit stop on the west side of Charlotte Street between King Street and King Square South would be relocated to the south side of King Square South. The reason for this 111 -5- relocation is to eliminate potential conflicts between cyclists in the bike lane, vehicles both on the street and exiting the adjacent parking lot, transit users crossing the bike lane to enter the bus, and transit buses themselves near the existing transit stop location. • Landscape improvements — The removal of the vehicle lane between King Square North and King Square South will allow for the introduction of more greenspace along King Square. The curb line along the square will be moved approximately 3m to the west, allowing for grass to be installed behind it that will tie into the existing grass in the park. This "greening" is in line with the Central Peninsula Secondary Plan and Council's priorities. • Intersection upgrades — The two existing signalized intersections within the project area (at King Square North and King Street) will be upgraded. The traffic signals at Charlotte Street / King Square North will be renewed with new detection equipment and signal phasing that will support more efficient movement for all transportation modes. The Charlotte Street / King Street intersection will be reconfigured to stop -control on King Street and free -flow on Charlotte Street. This reconfiguration will promote improved levels of service for all modes and provide right-of-way to pedestrians at the intersection. • Enhanced pedestrian crossing — A new, enhanced pedestrian crossing will be constructed on the northern cross -walk in the Charlotte Street / King Street intersection. This crossing will feature solar powered rectangular rapid flashing beacons (RRFB). The presence of the RRFB and the reduced crossing width achieved from the lane reduction along this section will improve the safety for pedestrians at this cross -walk. Staff included this enhanced pedestrian crossing in order to provide a cross -walk into the park equipped with Accessible Pedestrian Signals. SERVICEAND FINANCIAL OUTCOMES The surface infrastructure along Charlotte Street, including traffic signals, street lights, concrete curb & sidewalk, and brick medians, is currently in poor condition and requires replacement. This infrastructure renewal effort will improve the appearance and function of the streetscape, and accessibility for all transportation modes along the street. The proposed breakdown to address the projected funding shortfall for the various project components is noted above. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was reviewed by the Finance Department and Public Works and Transportation. The tendering process for this project was completed in accordance with the City's Strategic Procurement Policy and Supply Chain Management supports the recommendation being put forth. -6- A Public Information Session for this project was held on June 131h , 2024. ATTACHMENTS N/A MR] Council Community Fund Application Form A — EXTERNAL FORM 2024 Council Community Fund Application FORM A The Information you provide on this form will be used to assess eligibility and consideration for the award of funds at a Common Council meeting. Program Description Through the Council Community Fund Policy (the Fund) Council Members may apply for funding for projects or events that enhance the vibrancy and wellbeing of the residents of the City or minor capital expenditures to improve infrastructure. The Fund supplements Council's existing Community Grants program, allowing a timely and flexible approach to requests for smaller initiatives that align with Council priorities that would not otherwise coincide with the timing of the Community Grants Program.. Successful projects will advance one of Council's five priority areas Grow, Green, Belong, Move and Perform. 19� 0 ell) Application and Eligibility for Community -Based Organizations Applications must comply with the City of Saint John Council Community Fund Policy. For a complete description of application and eligibility criteria please review the Council Community Fund Policy. <hyperlink> Applications are always open for submissions during the calendar year. Community -Based Organizations (CBOs) must be a registered non-profit or registered charitable organization holding its principal activities within the City of Saint John. Application must also demonstrate that your proposal: • is based in the City of Saint John • will spend the funding within the financial year in which it is awarded. Applications have a funding limit of $1500 per Council Member. FORM A. Name of the Council Member submitting this application: David Hickey, Greg Stewart, Gerry Lowe ` E111 Council Community Fund Application Form A — EXTERNAL FORM Name of Community -Based Organization: SJ West Days Non-profit status: (registered non-profit number, registered charitable organization number) Carleton Community Centre. Non-profit number: 716236328 Name and Title of CBO individual responsible for the management of the Funds Jennifer Brown — Executive Director, Carleton Community Centre Phone Number: 506-658-2920 Email Address: SaintJohnWestDays@gmail.com Address: 120 Market PI, Saint John, NB E2M OE1 Tell us a bit about your group (what does your group do?) SJ West Days is being hosted August 14-18th in West Saint John. Tell us about what you want to do (describe the project / event / and any small capital asset request to support the project/event) These funds would support hosting their schedule of events for the weekend. GfIN'7 Council Community Fund Application Form A — EXTERNAL FORM Where is the location of your project / event? West Saint John What do you think the benefits will be to people living in the city? Significant benefits for West Saint John. This is a great community gathering. How does your project / event contribute to addressing the priorities of Common Council? I BELONG How much will your proposal cost? What do you need to carry out your project or event what is the estimated cost? Breakdown of costs Amount Sponsorship for SJ West Days $1500 $20 000 Total cost SJ West days TOTAL: $1500.00 Please confirm the amount of funds ou are requesting: 1500 $500 each Estimated completion date: Will you be able to complete the project / event Yes and obtain any small capital assets within the financial year in which it is requested? I Estimated completion date: I August 18, 2024 1 `sr -I Council Community Fund Application Form A — EXTERNAL FORM To Be Acknowledged by the individual responsible for managing the Funds for the Community -Based Organization named above. Accountability: r cknowledge that if funds are provided by the City of Saint John, I will accept sponsibility that the funds will be used for the stated purpose and within the timeline stated above. acknowledge that I will be responsible for keeping all receipts and/or invoices relating to the project or event above and completing an Outcome Report within 45 days of the project or event completion date. Liability Waiver for Community Based Organization Fund Recipients By submitting this application, I hereby acknowledge and agree that neither the City, its council, nor any of its members, agencies, officers, employees, or agents shall be held liable or responsible for any injury, including death to any person or for any claims, damages, liabilities, losses, costs, or expenses, including legal fees, arising out of or in connection with the use, allocation, distribution, or expenditure of the Council Members Discretionary Community Fund. I, as an authorized signatory or representative who has legal authority to bind the Community - Based Organization, agree to indemnify and hold harmless the aforementioned entities from all claims, damages, liabilities and losses incurred in relation to or resulting from the use of the allocated funds. eVIny 'tr r0wrt Printed name of authorized signatory Signature of authorized signatory a 215 Zo Zq Date MIN Council Community Fund Application Form A — EXTERNAL FORM Your privacy: We will use the information you provide on this form for the award of funds. The award of funds is reported publicly. All information held by us is liable to disclosure under the Right to Information and Protection of Privacy Act unless it is exempt. City Clerk acknowledgement: (To be completed by City Clerk or their designate) I acknowledge that the proposal described above meets the eligibility requirements of the Council Community Fund Policy (CCFP) and may proceed to the next public meeting of Common Council. `SF:3 `mLel Council Community Fund Application Form A — EXTERNAL FORM 2024 Council Community Fund Application FORM A The Information you provide on this form will be used to assess eligibility and consideration for the award of funds at a Common Council meeting. Program Description Through the Council Community Fund Policy (the Fund) Council Members may apply for funding for projects or events that enhance the vibrancy and wellbeing of the residents of the City or minor capital expenditures to improve infrastructure. The Fund supplements Council's existing Community Grants program. allowing a timely and flexible approach to requests for smaller initiatives that align with Council priorities that would not otherwise coincide with the timing of the Community Grants Program. Successful projects will advance one of Council's five priority areas Grow, Green, Belong, Move and Perform. Application and Eligibility for Community -Based Organizations Applications must comply with the City of Saint John Council Community Fund Policy. For a complete description of application and eligibility criteria please review the Council Community Fund Policy. <hyperlink> Applications are always open for submissions during the calendar year. Community -Based Organizations (CBOs) must be a registered non-profit or registered charitable organization holding its principal activities within the City of Saint John. Application must also demonstrate that your proposal: • is based in the City of Saint John • will spend the funding within the financial year in which it is awarded. Applications have a funding limit of $1500 per Council Member. FORM A. Name of the Council Member submitting this application: ` el Council Community Fund Application Form A - EXTERNAL FORM Name of Community -Based Organization: Non-profit status: (registered non-profit number, registered charitable organization number) Name and Title of CBO individual responsible for the management of the Funds KC,VA LCSr_ Phone Number: Email Address: Address: Can wt"4 Tell us a bit about your group (what does your group do?) t 5 ✓6ciJ5 - 11-11 OV-1-tv 4 (tCWV'-�O 0V"V W41 510h u`t r r( In(fJW^R' �ecV.VI "i (IC�jIC evr aj 5e t�ov eL`°1pyp�. Tell us about what you want to do (describe #lie project I event / and any small capital asset request to support the project/event) ,v� +t'V_V nr©jerf CVJ pWPC bVVV-J'W. 0 121 Council Community Fund Application Form A — EXTERNAL FORM Where is the location of your project I event? 25"( wej+w l � 51t. What do you think the benefits will be to people living in the city? How does your project 1 event contribute to addressing the priorities of Common Council? T)�Lo w6 , G How much will your proposal cost? What do you need to carry out your project or event what is the estimated cost? Breakdown of costs Amount l �✓ a' a --t10920 TOTAL: O Please confirm the amount of funds you are requesting: Estimated completion date: ffeff. . ZpZLA �_D-p Will you be able to complete the project I event (leil No and obtain any small capital assets within the financial year in which it is requested? Estimated completion date; To Be Acknowledged by the individual responsible for managing the Funds for the Community -Based Organization named above. `�A Council Community Fund Application Form A — EXTERNAL FORM Accountability: acknowledge that if funds are provided by the City of Saint John, I will accept responsibility that the funds will be used for the stated purpose and within the timeline stated above. acknowledge that I will be responsible for keeping all receipts and/or invoices relating to the project or event above and completing an Outcome Report within 45 days of the roject or event completion date. Liabilitv Waiver for Communitv Based Orqanization Fund Recipients by submitting this application, I hereby acknowledge and agree that neither the City, its council, nor any of its members, agencies, officers, employees, or agents shall be held liable or responsible for any injury, including death to any person or for any claims, damages, liabilities, losses, costs, or expenses, including legal fees, arising out of or in connection with the use, allocation, distribution, or expenditure of the Council Members Discretionary Community Fund. 1, as an authorized signatory or representative who has legal authority to bind the Community - Based Organization, agree to indemnify and hold harmless the aforementioned entities from all claims, damages, liabilities and losses incurred in relation to or resulting from the use of the allocated funds. Printed name of authorized signatory Signature o authorized signatory ?Mk-Ob- Date Your privacy: We will use the information you provide on this form for the award of funds. The award of funds is reporters publicly. All information held by us is liable to disclosure under the Right to Information and Protection of Privacy Act unless it is exempt. HOW Council Community Fund Application Form A — EXTERNAL FORM City Clerk acknowledgement: (To be completed by City Clerk or their designate) acknowledge that the proposal described above meets the eligibility requirements of ✓ the Council Community Fund Policy (CCFP) and may proceed to the next public meeting of Common Council. PROCLAMATION WHEREAS. The City of Saint John acknowledges the enduring historical injustices faced by Indigenous peoples, rooted in colonization, forced assimilation, and systemic injustices_ WHEREAS: The designation of June 30 as Indigenous Survivors Day provides a significant opportunity to recognize and honor the resilience, strength, and cultural heritage of Indigenous communities that have endured historical traumas, including the 60s Scoop, the Millennium Scoop, birth alerts, and the enduring legacy of residential schools. WHEREAS. By establishing June 30 as Indigenous Survivors Day, the City of Saint John aims to create a crucial platform for healing, education, and dialogue. This initiative seeks to raise awareness about the unique struggles faced by Indigenous peoples, emphasizing the need for understanding and support. WHEREAS. This observance serves as a solemn reminder of the ongoing challenges confronted by Indigenous people and communities. WHEREAS. Through the implementation of Indigenous Survivors Day on June 30, 2024, the City of Saint John reaffirms its dedication to honoring Indigenous survivors, promoting healing, and actively contributing to the construction of a more equitable and inclusive city for all. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim June 30, 2024 as Indigenous Survivors Day in the City of Saint John_ In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 125 Staff Recommendation for Council Resolution Property: 2400 Westfield Road Public Hearing, 1s' and 2nd Reading: June 24, 2024 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). Other No 3rd Readinq: Tentative date is Julv 8, 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 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). Recission of Yes That Common Council rescind the conditions imposed on the Previous s. 39/s. May 3, 2016 rezoning of the property located at 2400 59 Conditions Westfield Road, also identified as PID 00290585. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No W-1 WIN PLANNING ADVISORY COMMITTEE 'V1 May 23, 2024 The City of Saint John Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning and Section 59 Amendment Application 2400 Westfield Road On April 15, 2024, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 22, 2024 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed Rezoning and Section 59 Amendment. Richard and Janice Hunt, the proponents, appeared to speak in favor of the application and agreed with staff recommendation. No other members of the public appeared before the committee to speak in favour or opposition and one letters in favor was received regarding the application. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). 2. That Common Council rescind the conditions imposed on the May 3, 2016 rezoning of the property located at 2400 Westfield Road, also identified as PID 00290585. Page 1 of 2 128 Janice and Richard Hunt 2400 Westfield Road May 22, 2024 Respectfully submitted, Brad Mitchel Chair Attachments Page 2 of 2 129 o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint John Date: May 16, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: May 22, 2024 SUBJECT Applicant: Janice and Richard Hunt Landowner: Derek Logan Location: 2400 Westfield Road PID: 00290585 Plan Designation: Rural Settlement Existing Zoning: Rural General Commercial (CRG) Proposed Zoning: Rural Settlement Residential (RS) Application Type: Rezoning and Section 59 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law and amendments to the Section 59 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, June 24, 2024. EXECUTIVE SUMMARY The applicant is applying to rezone the site at 2400 Westfield Road from Rural General Commercial (CRG) to Rural Settlement Residential (RS) and to rescind the existing Section 59 Conditions. The application will enable the commercial space to be removed and converted back into the existing single-family dwelling. Approval of the application is recommended. Page 1 of 4 130 Janice and Richard Hunt 2400 Westfield Road May 16, 2024 RECOMMENDATION 1. Rezoning a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS). 2. That Common Council rescind the conditions imposed on the May 3, 2016 rezoning of the property located at 2400 Westfield Road, also identified as PID 00290585. DECISION HISTORY In December 2004, the subject site was rezoned from Neighbourhood Institutional "IL-1" to General Business "B-2" to allow for the conversion of the former church into a cabinetry shop and associated showroom and one -unit dwelling. At the time of the rezoning, Section 59 conditions were applied: a) The use of the property be restricted to the applicant's proposal involving a cabinetry shop with associated showroom and dwelling; b) The building, and in particular the proposed cabinetry shop be established and maintained at all times in a manner acceptable to the Building Inspector and Fire Chief; c) The hours of operation be restricted to 7:00 a.m. to 6:00 p.m. Monday through Saturday; d) No addition to the building occur without the approval of the Planning Advisory Committee; e) The damaged portions of the existing parking area be repaired with asphalt no later than September 1, 2005. ANALYSIS Proposal The applicant is proposing to rezone the subject site to Rural Settlement Residential (RS) to allow for the conversion of the existing building to a one -unit dwelling. The building consists of one cabinetry shop and associated showroom with a one -unit dwelling. Section 59 conditions of the property limit the property to the current use and do not allow for the structure to be used solely for residential purposes. There would be no changes to the exterior beyond the removal of the commercial signage. Site and Neighbourhood The subject site is located on Westfield Road in the northwest portion of the City. The immediate and broader residential neighbourhood is of low -density zoning which supports one - and two -unit homes. There are also some scattered rural general commercial sites as well as institutional uses, including a community centre, across the street from the subject site. The area is located outside of the Primary Development Area and all sites are on well and septic which are regulated by the province. Municipal Plan and Rezoning Municipal Plan The site is designated as Rural Settlement in the Municipal Plan. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The Page 2 of 4 131 Janice and Richard Hunt 2400 Westfield Road May 16, 2024 proposal conforms to the policies established within the Municipal Plan, which supports low density residential. The proposed development is compatible with the vision established within the Municipal Plan, as the proposed development is: • consistent with the character and form of the existing community. • low density residential The proposal will enable the removal of vacant commercial space, enabling the structure to be re-established as a fully residential use. This aligns with the low -density housing and the community character of the neighbourhood. Zoning The Rural Settlement Residential (RS) Zone accommodates low -density residential uses in the form of one- and two -unit dwellings. The RS zone is compatible with the surrounding development pattern and the proposed conversion of the commercial space to residential would be in compliance with the RS zone standards. Section 59 Conditions The RS zone is a low -density zone that would limit the subject site to a maximum of two -units. While the applicant has proposed to convert the commercial space into a single one -unit residence, there could be potential in the future to add a second unit, a garden suit, or a secondary suite. This is compatible with the surrounding neighbourhood development pattern and would need to meet the RS zone standards as well as being required to meet the requirements of the National Building Code of Canada. The owner would also be required to apply for a Change of use Permit which will allow Building to review floor plans and conduct an inspection of fire separation and safety. Staff recommend not requiring any Section 59 conditions to restrict the site as the requirements of the Zoning Bylaw and the Building Code act as structures to limit the development of the site beyond the existing or future use. Conclusion The proposed rezoning to allow for the development of a one -unit dwelling in the former commercial space aligns with the policies established in the City's Municipal Plan and conforms to the City's Zoning By-law. The proposed rezoning will facilitate the use of the property as a low -density dwelling which would conform to the character and form of the existing community and require no exterior changes to the building. Staff are recommending approval of the rezoning and the rescinding of former Section 59 conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. Page 3 of 4 132 Janice and Richard Hunt 2400 Westfield Road May 16, 2024 ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on May 6, 2024. The public hearing notice was posted on the City of Saint John website on May 16, 2023. APPROVALS AND CONTACT Manager Director Commissioner Jennifer Kirchner, RPP, MCIP Pankaj Nalavde, RPP, MCIP Amy Poffenroth, PEng MBA Contact: Yeva Mattson Telephone: (506) 721-8453 Email: yeva.mattson@saintjohn.ca Application: 24-0051 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 4 of 4 133 — T �' � a ; �. \, * � * ~' '� � -� " �� __ _ • "v "'t °�. �. , � y '� J �� - O, • L � �.. �Y : (�� o � /� _ ter. — � j5l t _ �� � � y � �� ✓Y�% �. f J� 't � .. 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P �' f ....\ / 'ti � f s 'i. / r� .�''. f I ;r � .. � _ .�f, ,. },r . f �_ -� F i— 1 �- + }/ _ ���y .'*` FJ.' yk E 5� � F _ l -� � 4 1, o F �'� .Y'� 70 m ryo 0 a) l T a) O N f6 a'LAV'33N 31000I �Ib 4,u � 0 Z O J W m (dA IT O i O LO m Cl) N� Q N L E 70 o c� z. aD (D -0 aD i M � L W L Z) M a_ Z) U L l D M vJ n y cf Q O l^� L- IT IT n N O N V N V 70 m 0 ryo 70 IN T a--i a) O N E Y I� E U m O O U U O U `m o j U (n U Uv m � m L() O O O a O o m U `m M r O O W O O x x m O O W m o co z LL U U) CD U L.L (B � L Z; E E o �- (D E 0 � U O o a� aD U) o (D C� -r- c � Z z .E O N V uw IT �a J� F rvt•r Surrounding Neighborhood looking South along Westfield Road (subject site to far left) `Ec1:3 Attachment 2: Municipal Plan Policy Review Municipal Plan Policy 2400 Westfield Road Assessment Policy LU-101 Create the Rural Settlement Area designation on the This proposal aligns with the goal of low -density housing Future Land Use map (Schedule B). Council intends that with private on -site water and wastewater. The proposed lands within the Rural Settlement Area designation are to development would be a one -unit residential dwelling be developed in a way that is consistent with the which reflects the neighbourhood development pattern. character and form of the existing community. The development of low density housing with private on -site water and wastewater systems is permitted, as are appropriate commercial uses, community facilities, home occupations, and parks. Policy UD-16 Ensure that where new development and significant This development will not require any changes to the redevelopment in Rural Settlement and Rural Residential exterior of the building, which will ensure the design of Areas is permitted, it will be compatible with the existing the building is compatible with the character of the area. character of the area and respect and enhance the surrounding natural environment. f t= : F-- - sr SHOWROOM ELEVATED PLATFORM (1(r APPROX.) lw,r WOOD STORAGE OFFICE ey-t6ortr44 M1,191 23 lir peoposubp -31 WIT. 141 -"amw- : From: Colette Keith Sent: Sunday, May 12, 2024 12:24 PM To: OneStop <onestop@saintjohn.ca> Subject: 2400 Westfield Road You don't often get email from colettekkeith(cboutlook.com. Learn why this is important [ 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 spainsampleasaintjohn.ca or contact the IT Service Desk. * * To Whom it May Concern: We received notice of rezoning for 2400 Westfield Road. We live at 2344 Westfield Road and have no issues with this proposed rezoning; we look forward to welcoming our new neighbours. Best, Colette & Kenneth Keith `N I O O N ON LO a O CO O N c O co N cn N ^L LL U O LA 0 a O x a a M•i 71�lellll Ik10 If , MME �37 a o � O N O � � N co � O coco o � co — U O .� O U C 4—P O + Q co Q o ° a) z i � U 4 4� O J N 0 O U W rl }� W Cn O - E CU L L Cn O O ca +-I � � U O, .co O N U) U (1) (3) (1) DC DC C) Developlent shopjk.___�y _ Irre:,I_'.'1 ltl'l'.141-ZD pI":1r1==CA.71'I I ri, 1 I: 1_ General Appocau0n Form C,R.0WTH & COMMUNITY SE VIC-0 [ iT*( C)r- S-An%i l jr m r-j LOCATION CIVICADDRESS : • _ PID #: i cI & c X-, n LU HERITAGE AfIFtA Y f N INTENSIFICATION AREA: Y/ N FLO.OD.- RISK AREA- Y f N APPROVED GRADING PLAN: V J N ;; APPLICATION x#: DATE R:ECE_ IVEO: RECEIVED BY: APPLICANT EMAIL PRONE6-,q7 Z3`1f 7o y 5 Ca MAILING ADDRESS POSTAL.CODE pp + [/�^ j�1 r oC CONTRAICTOR EflQp:IL PHONE D 1 MAILING ADDRESS POStAl CODE d _ J OWNER EMAIL PHONE IZ iz MAILING ADDRESS POSTAL CODE PRESENT USE: t - PROPOSED USE: - 1 , } BUILDING _ _ _ _ PLANNING INFRASTRUCTURE- HERITAGE IMTRI130REhIG11lArIpIV NEW COiV5TRl1CT10N �VARIANCE 1:151FiEETE7(LAVATION HERITAGEDEVELOPMENT ®"FUQR':f;EN0VATtON [JA[CESSOAvl3L4G C]PL4NNINGLt:I lE7R [j DRIVEWAY CULVERT OHERITASE51GN nADDiTION OPOOL EIPACAPPLICATiON 0-diRmNAGC �HERITAGEIN.FILL aE DECK nDEMOLM.ON ®COUNCiLAAPP WATER&SEVWERAGE �14FRITAGEDEMQ El Y u ?�� [1iAiVG13C1F U5€ ❑51.C+N BOMSION 1]DTHER OTHEdt�"NIMUNtSTANDAROS ❑OTHER VOTHER /r /i r+ - 0 r� 0 az n �I cartsentto the City of Saint Joh,rl sendingto me commercial elertronlc messages,!rom time to time, regarding pity inttlaiives and incentives. General I:oAection Statement This infntmation Ii being collected In ortlt'r rot the City ef;Sii ii iehn 16 depw an exlstlhg pm$ram / mvlce; Piz edltenio,, !s 11mited to tRat which Is netess" to.CWiverthr pros atn AMU -Unless re#u#red to do 5c by Jaw: the. City of Sault John. will not '.ham your pU�na1:' J111atmatlon with arty third,pasty without•y it express consant. The legal b4thoNty form lldh% wi lnforrualtan Is to be tpuntl In dig wluntrrpallun M and' Me Bight to IrrtosrrlaJnR and ProWtlpn or,Rnvacy tact f&,r f J1tbef Irrratflt040 or._tP s;forts regarding theu0u-bonalpersvinAlRrormau*on; please curttacttheAcyesd&PYTWvg0111 r. City Eigtl;liti ding . " 15 MerkrrSgwr Siam[ laPlrt. his E3I. f fdt Carcmt�rrtGtrrlr(�isatr4jolSq,ca �j tlh) 559.2RQ' . .. Yl.TAtelnr 1. ►he. uncfenrarted: .hereby opply, for the jn rr i#jgl :or aWvvd(sli Indreoled above for the work descabed or ,plans. 'subrr hsldrrs arid' rorrxts r?erewJth subfnjK&cL rhls oaVlcatian IncJvdes. Of relevarlf acmertigfroiP rzecpss€rry Mr 7J1i' opprreJ fear perrmJffsl or or�pr*vcrl(s) agree fo compfy w4h 'fhe PIarc specftalions a0la furfh@r owee rc romp� w;)h CW retevcmJCity Bylaws and ccRdJti[rr7s impo,; ed y Dc A � iW 81O tuw Gomil A90110fion GROWTH & COMMUNITY SERVICI=S CITY OF SAINT JICHN CKC ADDRESS I APPLICATION FEE PAID Y I N TYPE OF APPLICATION LJ Land for Public PUrloases Release. Service Fes, $:300 Section9 Ame>1citlterxt S+arvice Fee' :$2.6,50 ElNon -Conforming Use Seivire Fee. $LU+. f' Zoning By-law Amendment Service Fee S2.550 F1Satisfactory Servicing Sern;e Raw- $2do QZoning Bye-law Amendment with a Municipal Plan Amendment S&VECe.Fee. $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to. existing-Q4x%on 39 editions, zoning, or Municipal Plan designation teeing requested.Attach site plans, building elevations, floor plans, and olhar documentation to.fully describe the appticAbon. The submission of a preliminary proposal and a Pre -Application Meeting is ertvaursgad piiorto seeking approvai. Please contact tl to Or* -Stop Development Shop a (506) 658-2911 far further inkmToficin_ f ENCUMBRANCES Describe any easernents, restrictive covenants, aria MerbrKuTtanaes affec*V The land. AUTHORIZATION As of the data of this application, I, 'the undersigned. am the registered ownef of the IwW described in Phis apokotion or the authorized agent; thereaf, and l have examined the contents of this applicabon and hereby certify that the information submitted with the application is correct insofar as I have knovviedcge of these facts. and I hereby auft6ze ttre,applicant. to represent this matter and to provide itlrxtal information that will be necessary for this application. 1 " Registe or Authorized Agent 1• Adc'Mional Registered Owner The information contained in this appfrcatiun and any documentation, incktding plam dmtrGfrtgs, reports, and studies, provtiled io support of this applicatioavAll becorne part of the public record. W1511 a�-tdent±pl - !jlncll} 7 Pq";J`J Lksi Price; $449,9010 PID #' 00290585 PAN*: 415045S9 Title : AdOr'e55: 2400 Wgitfkslil httI Municipality: Shiart.]ohn, EZM 633. Region: Saint Sohn Oistict: West & IMhu"woh Lot sde' 1.3 Acres A.bv ode SQFTG: 1,236 Garage: Yes Schools: V (St Rate: 11-7ul-2013 MLSiPJ 4: Ni OSS427 Status: A;;,.; 'Year &IilUDesc: 1943 / Approx Land Titles: Yes Ccuunty: Saint Sohn Sut*Gistrlct' South Bay/Martfnon Total Finish 5QFTe. 2,008 Zoning; Days On Market: 238 C3M: 236 ulblb is Welcome to this charming home that offers the perfect blend of residentlal Ilving and commercial pussibilitlesi Situated on a spacious got, this property Features a delightful two -bedroom, two -bathroom home with an attached workshop and a versatile storefront, offering endless opportunities for entrepreneurs and hobbyists alike. The home's outdoor features are equally impressive, with " above- ground pool and wrap -around deck that offers ample space for outdoor entertaining, and relaxatfon.Theres even an outside washroom anti 3 changing rooms on the pool deckl The attached workshop and store front area unique addition to this property, making it perfect for those looking to run a home -based business, pursue creative endeavors, or Qimpty have a dedicated space for hobbies and projects. The versatility of these spaces allows for endless possibilities and entrepreneurial ventures. Convenientty located in a desirable neighbourhood, this home offers easy access to nearby amenities, schools, shopping centers, and recreational facilities. Whether you're seeking a comfortable residence with additional workspace or an opportunity to bring your entrepreneurial dreams to life, this property offers the best of both worlds. ipon't miim the chance bo make this remarkable property your own! schedule a showing today and explocs the poterWat this home has to offer. Directions: Type: Single Family exterior: Vinyl style;, 1.5 Storey Fndtn/Bsmnt: Concrete, Partlaliy Finished, Walkout Flooring: Exterior Features. Deck, Pool Above Ground, Privacy Interior features: Set Bath, Laundry - Main Floor Roof: Asphalt Shingle Accessory Building: Storage Shed, Workshop Land Features: Cleared, Corner Locatian, Landscaped, Streaam/pond Waterjftmbing: Drilled, Well Sewer: Septic Heating/MechanicAl: Baseboard, Electt,ic, Heat Pump Services: Electric&y - W"kgM 200 ANP _Driveway: Circular, Gravel, Parking Spaces Garage Type,, Attached nCCeSS: Year hound Municipal Road Garage Details: Rent,ji EquipmeW. Water Heater, Heat Pump Land Use: inclusions; Refrlgeratvr, Stove, Dishwasher, Microwave, Garage Door OpMew(s), cool - Above Groundr Storage Shed Bedruorns; I N 1 Bathrooms: 1\ i Rental income: Potential Waterfrpnt Features: Road: PCOS: Tres Survey: Sign: *as Documents.: Property Disclosure Cond Stmt Floor Rpnkn size Floor Room 5rze Main Floor Foyer. III ".x 6' $" Main Roos Living Room 21' " x 19' 5" Main Floor Kitch" 19' V -o Is' S ' Main Floor Primary Bedroom 19' 72' x 13' B" Halo Floor Berth (pieces 1-6) 9' " n 5' 4" Malet Floor Derr/Office 10' 2" k 10' 8" Male 'Floor 'Workshop 52' 5" x 26` S" Basem+ent/Looter Level Bedroom 16` V X 12` 2" BasementlLowex Level Bath (pieces 2-4) 7 " It W so Assessment: 245,990 iaxe9: 6943.56 (2023) Listing Company: COLPWFI.L faANKER SELL PEC kr,&tTr 04, Mar, 2024. Compliments of: MADISON DAIGLE-COLDWEL.L BANKER SELECT REALITY COLDWELL BANKER SELECT kEALTY Phone: (506) 847�-�.0.�5"`22 i:rOallt ri ;; L_ rupFl. itsi-F GrouA.r'� The Information contained on this listing fam is from sources believed to be reliable. However, it may be incorrect. This Information should nat be relied upon by a buyer without personal verification. The agents, managers and satespeople:of — The Sainf1pbrh_lteral Estaft Board assurne rhd r�etsibiiity for Its accuracy, f t= : F-- - sr SHOWROOM ELEVATED PLATFORM (1(r APPROX.) lw,r WOOD STORAGE OFFICE ey-t6ortr44 i &V 23 lir peoposubp -31 WIT. 157 -"amw- : w 9 4 L 0 Ll PROPERTY LINES PER SNB PROPERTY ASSM'T ONLINE M6 W11-13 Proposed Zoning By -Law Amendment RE: 2400 Westfield Road Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chambers on Monday June 24, 2024, at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (RS) as illustrated below. 9 Av. N.,._ AVAO C3. Rer°'dnt Rd. 1 CA. Boirrr�nr Rtl P F� Cro r A`hsrov€ C n 1 G- 6 °e �82 REASON FOR CHANGE: To convert the existing building into a one -unit dwelling For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(a)saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerk�saintiohn.ca If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 Projet de modification de I'arrete de zonage Objet : 2400 rue westfield Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 24 juin 2024 a 18 h 30, en apportant les modifications suivantes : Rezonage d'une parcelle de terrain d'une superficie d'environ 5,261 metres, situe au 2400 rue westfield, egalement identifie comme le NID 00290585, de zone commerciale generale rurale (CRG) a zone residentielle de peuplement rural (IRS), tel qu'illustre ci- dessous. INSERT PHOTO (this is just a note to make sure the photo goes here on the web site, no need to actually insert it) RAISON DE LA MODIFICATION: Permettre une maison unifamiliale. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier communal a I'adresse CommonClerk(a)-saintiohn.ca. Les objections a I'amendement peuvent titre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 IiRis] BY-LAW NUMBER C.P. 111-X A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-X 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 5,261 square metres, located at 2400 Westfield Road, also identified as PID 00290585, from Rural General Commercial (CRG) to Rural Settlement Residential (IRS). - 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 July, A.D. 2024 and signed by: Mayor/Maire 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 5,261 metres, situe au 2400 rue westfield, egalement identifie comme le NID 00290585, de zone commerciale generale rurale (CRG) a zone residentielle de peuplement rural (IRS). - 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 juillet 2024, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 161 Staff Recommendation for Council Resolution Property: 15 O'Brien Street Public Hearina: June 24. 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Zoning By -Law which rezones a parcel of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711 from General Commercial (CG) to Two -Unit Residential (R2). Other No 3d Readina: Tentative Date is Julv 8. 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to the Amendment Zoning by-law which rezones a parcel of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711 from General Commercial (CG) to Two -Unit Residential (R2). Recission of No That Common Council, pursuant to the provisions of Section 59 Previous s. 39/s. of the Community Planning Act, rescind the conditions imposed 59 Conditions on the September 26, 2022, rezoning, for the parcel of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711, stating: a. That the development of the site be limited to the applicant's proposal for a mixed -use development incorporating two buildings with uses limited to the following: i. The southern building, located adjacent to Wilson Street having a maximum of 50 dwelling units and 4 live -work units. IiM the northern building be limited to a maximum of 50 dwelling units. b. That notwithstanding subparagraph 11.7(3)(c)(i) of the Zoning By -Law, dwelling units may be located below the second storey of the proposed buildings. c. 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 including front yard landscaping in conformance with the Zoning By -Law and side yard landscaping as illustrated on the site plan submitted with the application. d. The above plans referenced in (c) be attached to the permit application for the development of the parcel of land. e. That pedestrian access to and from the development is facilitated by connecting to the sidewalk on O'Brien Street. 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 parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. h. Should the location of the building sprinkler connections necessitate the installation of an additional fire hydrant, this hydrant installation will be at the expense of the developer. `W i. That concrete curb and sidewalk be extended by the developer along the Wilson Street frontage of the site. j. That prior to issuance of any building permits for the proposed development, a Traffic Impact Statement be completed by an engineering consultant engaged by the developer at the developer's expense to review the traffic impacts on the existing roadway network and any required improvements to the existing road network including traffic calming measures. Any improvements identified by the Traffic Impact Statement be the developer's responsibility and cost to complete. Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No `[:�l o`. o 45. awrr Rcr�y darn o'Joavm W The City of Saint John Date: May 16, 2024 To: Planning Advisory Committee From: Growth & Community Services Meeting: May 22, 2024 SUBJECT Application: 24-0044 Application Type: Rezoning and Section 59 Applicant: Jordan Van Thiel Landowner: Jordan Van Thiel Location: 15 O'Brien Street PID: 00415711 Plan Designation: Stable Residential Existing Zoning: General Commercial (CG) Proposed Zoning: Two -Unit Residential (R2) Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, June 24, 2024. EXECUTIVE SUMMARY The applicant is requesting to rezone the subject site from General Commercial (CG) to Two - Unit Residential (R2) to align the zone to the existing duplex. The applicant is also requesting to remove all Section 59 conditions placed on the subject site, 15 O'Brien Street, that were tied to a development proposal that never materialized and spanned across the subject site and the neighbouring property 730 Wilson Street. Approval of the application is recommended. Page 1 of 5 165 Jordan Van Thiel 15 O'Brien Street May 16, 2024 RECOMMENDATION That Common Council rezone a piece of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711 from General Commercial (CG) to Two -Unit Residential (R2). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the September 26, 2022, rezoning for the parcel of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711. DECISION HISTORY On September 26, 2022, Common Council approved the rezoning of 15 O'Brien Street from Two -Unit Residential (R2) to General Commercial (CG). This rezoning was associated with a large-scale residential development project that was to incorporate 15 O'Brien Street and 730 Wilson Street. As a result of the rezoning, Common Council imposed Section 59 conditions on 15 O'Brien Street and 730 Wilson Street that reads as follows: That the development of the site be limited to the applicant's proposal for a mixed -use development incorporating two buildings with uses limited to the following: • The southern building, located adjacent to Wilson Street having a maximum of 50 dwelling units and 4 live -work units. • the northern building be limited to a maximum of 50 dwelling units. 2. That notwithstanding subparagraph 11.7(3)(c)(i) of the Zoning By -Law, dwelling units may be located below the second storey of the proposed buildings. 3. 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 including front yard landscaping in conformance with the Zoning By -Law and side yard landscaping as illustrated on the site plan submitted with the application. 4. The above plans referenced in (c) be attached to the permit application for the development of the parcel of land. 5. That pedestrian access to and from the development is facilitated by connecting to the sidewalk on O'Brien Street. 6. 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. Page 2 of 5 166 Jordan Van Thiel 15 O'Brien Street May 16, 2024 7. That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development. 8. Should the location of the building sprinkler connections necessitate the installation of an additional fire hydrant, this hydrant installation will be at the expense of the developer. 9. That concrete curb and sidewalk be extended by the developer along the Wilson Street frontage of the site. 10. That prior to issuance of any building permits for the proposed development, a Traffic Impact Statement be completed by an engineering consultant engaged by the developer at the developer's expense to review the traffic impacts on the existing roadway network and any required improvements to the existing road network including traffic calming measures. Any improvements identified by the Traffic Impact Statement be the developer's responsibility and cost to complete. ANALYSIS Proposal The applicant is seeking to rezone the subject property from General Commercial (CG) to Two - Unit Residential (R2), and to rescind the existing Section 59 conditions. This application will enable the existing duplex to be a legal use, as opposed to its current status as a legal non- conforming use. Site and Neighbourhood The subject site is in the Greendale neighbourhood situated between Fairville Boulevard and Manawagonish Road. Being located squarely between Manawagonish Road to the north and Fairville Boulevard to the south, the subject site sits between the dividing line of commercial activity and residential neighbourhood. Municipal Plan and Zoning The subject site and the residential aspect of the neighbourhood are designated Stable Residential. Neighbourhoods located within the Stable Residential designation are within the Primary Development Area, are generally on municipal services, and have the potential to accommodate additional development at a scale and density consistent with the surrounding context. Given the existing building is a duplex and there are no intentions of redevelopment, the subject site aligns with the Stable Residential designation. The subject site is zoned General Commercial (CG). While the residential aspects of the neighbourhood are predominantly One -Unit Residential (R1) and Two -Unit Residential (R2), the broader commercial lands are zoned General Commercial (CG) and Regional Commercial (CR). The original zoning of the property was R2, and was rezoned on September 26, 2022, to CG to facilitate a larger development that also incorporated the property located at 730 Wilson Street. Page 3 of 5 167 Jordan Van Thiel 15 O'Brien Street May 16, 2024 The development that would have occupied both 15 O'Brien Street and 730 Wilson Street is no longer possible as the development partnership has ceased to exist. The two properties are separately owned, and the proposed rezoning and rescinding of the Section 59 Conditions will only impact 15 O'Brien Street. Rezoning the subject site to R2 would align with both the existing and historical zoning of the area as well as the Municipal Plan. Infrastructure and Protective Services The City's Infrastructure Development, Building and Fire, and Emergency Management Service Areas also reviewed the proposal. No concerns were raised by the City's Service Areas. Conclusion The proposed rezoning aligns with the policies established in the City's Municipal Plan and conforms to the City's Zoning By-law. Staff are recommending the rescinding of all existing Section 59 conditions. ENGAGEMENT In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on May 6, 2024. Page 4 of 5 168 Jordan Van Thiel 15 O'Brien Street May 16, 2024 APPROVALS AND CONTACT Author Manager Director Commissioner Thomas Lewallen Jennifer Kirchner, MCIP, RPP Pankaj Nalavde Amy Poffenroth Contact: Thomas Lewallen Telephone: (506) 649-6075 Email: thomas.lewallena-saintiohn.ca APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Submission 1: Letter of Intent Attachment 1: Site Photography Attachment 2: Municipal Plan Review Page 5 of 5 169 Dear Members of the City Council, I am writing to request the rezoning of 15 O'Brien Street back to Residential R2 zoning. Having recently been sold to a young family, the property holds significant sentimental value for them. This family is eager to establish roots in our community and raise their children on the same block where they themselves grew up. Rezoning the property to Residential R2 would allow them to realize this dream and contribute positively to the vibrancy and stability of our neighborhood. Moreover, reverting the property to Residential R2 zoning aligns with the overall character and composition of our community. The surrounding area primarily consists of residential homes, and restoring this property to its intended designation would maintain the cohesive nature of our neighborhood. I firmly believe that supporting young families in our community is crucial for its continued growth and prosperity. By rezoning 15 O'Brien Street to Residential R2, we demonstrate our commitment to fostering an environment where families can thrive and create lasting memories. In conclusion, I urge the City Council to approve the rezoning of 15 O'Brien Street, back to Residential R2 zoning. Doing so will not only fulfill the aspirations of the new homeowners but also uphold the integrity and residential charm of this beloved neighborhood. Thank you for considering this matter. I trust that you will make the decision that best serves the interests of our community. Jordan Van Thiel, `reel m N to n I �o y > LO 0', 6 O 7 0 0 0 � U r— LO C\ N o o — 0 0 o o 0 0 0-0 a) 70 c co J N L LL y� L Q 0 L n U N CO y > LO 6 O p 7 0 0 0 U r- Ln N N o o -0 0 0 0 0 0 0 0 O J�' t 1 4 � N (D O) u C C � C C N N r� c c 0 o O z �J LL 0 0 J N o\ 0) C N \P/v4'4i N r � OL N J�c Ys ,J c c� C LA G) LA LA Q oa c C C m a 2 N a) s C: s C s a s dc0 v U i O s 4� 14 O — u cco -- () cV s o 0 o s O c s pp s O u _ co +�+ C N .— U VI Q a) c tab— c O co a••. co a) C 4� '>• 3 O > C Z) co ate•+ o s c > ao co v o () o }' co a c a) � +� x 3 c > aui > 3o s 3 s 4 x 0 .� f 6 3 a) x a) °' a+' a>i cos ° a o s s s -Cp 0 M c o oCO+� Z � w a) ao n c 'x Oc Q — C X pA a) Q H-0 N I Q -6 H Z H co -0 U -6 a) a�: 4- U � O a) a ECL s O 0 -C 4-1 s 4+ O O O 4� -6 a) C O U C o 4� E 0 a) E Q i n o C ° vi 3 af6i a) � c a) m 4 > u -0 O a) O > U n a) � Q vi +, U co i U i 00 > C 7 O °� O QC- o 4�s 0 p co co 4' 3 s C a) C +_�+ U > a) U O s i 4�-0 i S E m O N a) 4� " E •� ° ° ° 0_ a co o U 4� -0 0 C p 4� C M i C O co o f6- 00 c c L.L_ co s Q O O co C C co Q .Q Q ~ ~ O Q 4+ U 'C co i C 6 C dA (o U dA E � i O 16 O CL ° _ _� ° ° C C N pp a) u dA p .° s f6 0 -a E c o c co > a) a) O s s +� co p c U ++ p C a) i i co Q 4, a) 4, i O >� Q >� i a) Q Ln U 4s c +�+ C O a) c ' >, p u a) p co co u O 4� a) 0 C O -6 a) a) u dA dA 0 C an C -6 coo OCL C C co a) C C in co 0 c vL c C O OU O U N Q- a) 4' cC6 •0 co co a) c -a s O 4�a) C Q a) C E ou C u s 4 U C s co co In vi ° E a) c E co Q 0 3 co u O �_ 0- O Q O O E C u 4� 4 > > > 3 > E X C '6 4= p U Q Q C N 4• 4' C C coo �> a) O u a) O co > co O 4� co 4� s ao c 0,no, ai o w M 0 0 0 a) s _ oaco >, >, pc,a " o s sE uU s o 0psc cvo-0 u C ° () -a oa) o °) o u co d oQ co •i i H= H co o a 0 Ln o o�o Q Q C Q E Q a m O .2 — O co O a) 0_ a) a a Q C > pU com U -6 a) .: LO PLANNING ADVISORY COMMITTEE May 23, 2024 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning and Section 59 Amendment for 15 O'Brien Street On April 15, 2024, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 22, 2024, meeting. The City of Saint John The applicant was not in attendance. There were no members of the public present who wished to speak. Committee Chair Brad Mitchell called for a motion to approve the Zoning By-law and Section 59 amendments and they were unanimously approved. RECOMMENDATION: That Common Council rezone a piece of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711 from General Commercial (CG) to Two -Unit Residential (R2). 1. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the September 26, 2022, rezoning for the parcel of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID Number 00415711. Respectfully submitted, Brad Mitchell Chair Attachments Page 1 of 1 176 �� � '�, `,Try( � fn>A�L ���1 �'�,�, i i i •r/+' � 1 +�1 � f ON WIN. I r r ;IL r aP Q q fr WON,1 r ; / ^c;�•4'k'Q°.,'- ��dNrrE�S��r "�y x��-�,���-;:. rh �`' . �f;` �IyG�1�t 4�`�''''s�n � f $ty 7'• is aS� p� 1 �re� i ; b W z 0 u 0 a w H S. (7 � �* N-1 f_ ..3 ti I oo 72 cl N O � N .,� O r O co O O U � 4-J CO Cn O O U) CL 4-J U) co O 4� • CU U) CU (1) 3: L. O O 4-J N Z cn � i E %J0 U Oco 4� O =3 > 0. :416 (n O 0 N U ry ON O Lr) C 0 � E U • O C/) CD N � N �X • � O O ry Developrent Shop r)I.,���INc, �ulr.lJlNc, t;�lxnsttzuc.rt!Rr sAnvrJoxty OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : � 5 913rien St, Saint John, N B PID # : LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL APPLICATION #: DATE RECEIVED: Q "' RECEIVED BY: APPLI CANT EMAIL PHONE Jordan Van Thiel jordanvanthiel@shaw.ca 250 532 3622 Z 0 MAI LING ADDRESS POSTAL CODE Q 1335 Bear Mountain Parkway, BC CONTRACTOR EMAIL PHONE 0 N/A z — H MAI LING ADDRESS POSTAL CODE Z Q U J OWNER EMAIL PHONE Q Jordan Van Thiel Jordanvanth iel@shaw.ca 250 532 3622 MAI LING ADDRESS POSTAL CODE 1335 BEar Mountain Parkway. BC V91B 6R2 PRESENT USE: CD Section 59 specific use PROPOSED USE: Rezone back to R2 Two Unit Residential BUILDING PLANNING INFRASTRUCTURE HERITAGE Q I NTERI OR RENOVATION [:] NEW CONSTRUCTION R VARIANCE 0STREET EXCAVATION 1:1 HERITAGE DEVELOPMENT Q EXTERIOR RENOVATION [:]ACCESSORYBLDG PLANNING LETTER [:]DRIVEWAY CULVERT HERITAGESIGN H ADDITION POOL �PACAPPLICATION DRAINAGE �HERITAGEINFILL J Q DECK DEMOLITIONCOUNCIL APP WATER & SEWERAGE HERITAGE DEMO Y THANGEOFUSE SIGN SUBDIVISION OTHER OTHER U DMINIMUM STANDARDS OTHER OTHER I am seeking a rezoning of the property back to Two -Unit Residential (R2) and a rescinding of the conditions o ec Ion b9 conditions) tha were imposed on this HIU throughthe rezoning process. I his property Is to be detached Z O Y from the CD 7onRnQ and Sectmon 59 on 730 Mlson St, but is not requesfing the same for 730 Wilson St- 0 H O U w Please see the attached letter confirming sale of the property along with the purchase a reement executed to validate that the zoning must comply to close the sale. ❑� I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John 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 E21, IE8 CommonClerk@saintjohn.ca (506)658-2862 I, the undersigned, hereby apply for the permit(s) or approval(s), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approvall's). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. JordanVanThiel Applicant Name v plicant Signature March 7, 2024 Date eeaq7p ut S�Shop� Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 15 O'Brien St, Saint John, NB APPLICATION # I FEE PAID I Y N TYPE OF APPLICATION ❑Land for Public Purposes Release Application Fee: $350 ZSection 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. I am seeking a rezoning of the property back to Two -Unit Residential (R2) and a rescinding of the conditions (Section 59 conditions) that were imposed on this PID through the rezoning process. This property is to be validate that the zoning must comply to close the sale. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Jordan van Thiel Registered Owner or Authorized Agent March 7, 2024 Date Mischelle van Thiel Additional Registered Owner March 7, 2024 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 01 187 Rezoning RE: 15 O'Brien Street Public Notice is hereby given that the Common Council of The City of Saint John intends to amend Zoning By-law at its regular meeting to be held in the Council Chambers on Monday, June 24, 2024, at 6:30 p.m., by: 1. Rezoning the property 15 O'Brien, also identified as PID 00415711, from General Commercial (CG) to Two -Unit Residential (R2). 24 12 I / 757 I� 7.9 'bc' 71 790 1 .I_ I 69 Gromdale 20 4n �� i ;8 700 714 5n� 730 29 REASON FOR CHANGE: To align the zoning with the existing duplex. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(o)-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 `E:1:3 Rezonage et I'annulation des conditions de I'article 59 Objet : 15 rue O'Brien Par les presentes, un avis public est donne par lequel le conseil communal de La Ville de Saint John indique son intention de modifier I'Arrete de zonage, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 24 juin 2024 a 18 h 30, en apportant Ies modifications suivantes : 1. Rezonage de la propriete 15 rue O'Brien, egalement identifiee sous le NID 00415711, de la zone Commerciale generales (CG) a zone Residentielle bifamiliale (R2). 224 /Z,,� 4 7. 47 7sn Ise / 7s7 759 I 5i 7557 / 755 790 171 77s Gremdale im fl :•Ilfi ]7V 714 5a� 730 25 RAISON DE LA MODIFICATION: Aligner le duplex existant avec un zonage approprie. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier communal a I'adresse CommonClerk(usaintiohn.ca. Les objections a I'amendement peuvent titre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Si vous souhaitez obtenir des services en frangais, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 `E:1%7 BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 3,118 square metres, located at 15 O'Brien Street, also identified as PID 00415711 from General Commercial (CG) to Two -Unit Residential (R2). all as shown on the plan attached hereto and forming part of this by-law. ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : 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 3,118 metres carres, situe au 15 rue O'Brien, egalement identifie comme NID 00415711, du zone commerciale generale (CG) a la zone residentielle bifamiliale (R2). toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the 24th day present arrete le 24 juin 2024, avec les of June, A.D. 2024 and signed by: signatures suivantes: Mayor/Maire City Clerk/Greffier de la Ville iiRX First Reading — June 24, 2024 Second Reading — June 24, 2024 Third Reading — July 8, 2024 Premiere lecture — 24 juin 2024 Deuxieme lecture — 24 juin 2024 Troisieme lecture — 8 July 2024 `LeSI Staff Recommendation for Council Resolution Property: 901 Foster Thurston Drive Public Hearing, 1" and 2nd Reading held on June 10, 2024 3rd Reading: June 24, 2024 Item: Required: Recommendation (Y/N) Municipal Plan Yes 1. That Common Council give 3rd reading Amendment to an Amendment to the Municipal Plan which redesignates on Schedule A of the Municipal Development Plan, a parcel of 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). 2. That Common Council give 3rd reading to an Amendment to the Municipal Plan which redesignates on Schedule B of the Municipal Development Plan, a parcel of 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). Zoning By -Law No Amendment Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No BY-LAW NUMBER C.P. 106-33 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: I Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 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) classification; 2 Amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 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). - 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 - June 10, 2024 Second Reading — June 10, 2024 Third Reading - ARRETE N° C.P. 106-33 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conseil communal, The City of Saint John a edicte ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifie par: I La modification de 1'annexe A — Structure de la municipalite, afin de faire passer In designation dune parcelle de terrain d'une superficie d'environ 7,93 hectares, situee an 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); 2 La modification de 1'annexe B — Utilisation future des sols, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 7,93 hectares, situee an 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). - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arre"te. 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 communal Premiere lecture - le 10 juin 2024 Deuxieme lecture - le 10 juin 2024 Troisieme lecture - 193 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending the Primary Development Area Modifiant la zone primaire de developpement �L O O V- O E L 0 Q M re Dr. ch. Sana Pony FROM / DE Outside P DA A 1'exterieur de ZPD Applicant: 647102 NB Ltd. Location: 901 Foster Thurston Drive PID(s)/NIP(s): 55242945 TO / A Inside PDA A 1'interieur de ZPD Considered by P.A.C./Considers par le C.C.U.: May 22 mai, 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: June 11 juin, 2024 194 Staff Recommendation for Council Resolution Property: 435 Woodward Avenue Public Hearing, 1" Reading and 2nd Reading was held on June 10, 2024 3rd Reading: June 24, 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 piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). Recission of No Previous s. 39/s. 59 Conditions Section 59 No 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 8,988 square metres, located at 435 Woodward Avenue, also identified as PID 00049916 stating: a. Access to the site on both Woodward Avenue and Boars Head Road must incorporate traffic calming elements, to be reviewed by City staff, to reduce instances of cut -through traffic. Section 59 No Agreement Section 131 No Agreement Other No BY-LAW NUMBER C.P. 111-165 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a piece of land having an area of approximately 8,988 square metres, located at 435 Woodward Avenue, also identified as PI D 00049916 from Neighbourhood Community Facility (CFN) 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 " day of June, A.D. 2024 and signed by: ARRETE NO C.P. 111-165 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 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 8,988 metres carres, situe au 435 avenue Woodward, egalement identifie comme NID 00049916, du zone des installations communautaires de quartier (CFN) a la zone residentielle 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 " juin 2024, avec les signatures suivantes: Mayor/Maire City Clerk / Greffier communal First Reading - June 10, 2024 Premiere lecture - le 10 juin 2024 Second Reading — June 10, 2024 Deuxieme lecture - le 10 juin 2024 Third Reading - June 24, 2024 Troisieme lecture - le 24 juin 2024 196 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 0 W L L Q C A �: O Av. O O N Q, ay. Woodward 0 v �h. g °ars Head Ra ti.. FROM / DE TO / A Neighbourhood Community Facility Mid -Rise Residential Zone residentielle - Zone d'installations CFN RM immeubles communautaires de hauteur moyenne de quartier 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: Housing New Brunswick Location: 435 Woodward Avenue PID(s)/NIP(s): 00049916 Considered by P.A.C./Considers par le C.C.U.: May 22 mai, 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: June 11 juin, 2024 197 Staff Recommendation for Council Resolution Property: 50 Heather Way Public Hearing, 1" Reading and 2nd Reading were completed on June 10, 2024 3rd Reading: June 24, 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 approximate area of 9.15 hectares, located at 50 Heather Way, also identified as PID Numbers 55124358, 00456640, 00456657, 00456665, and 55190227, from Two -Unit Residential (1112) to Mid -Rise Residential (RM). Recission of Yes That Common Council rescind the Section 39 conditions Previous s. 39/s. imposed on the March 17, 2008, rezoning of the property 59 Conditions located at 50 Heather Way, also identified as PID Numbers 00456640, 00456657, 00456665, 55190227 and 55124358. 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 9.15 hectares, located at 50 Heather Way, also identified as PID Numbers 00456640, 00456657, 00456665, 55190227, and 55124358: (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) That a landscaping plan(s) be prepared for the development by the proponent, for the approval of the Development Officer, demonstrating landscaping of the site and including the following elements: liRU] • Landscaping of the front yards of the proposed townhouse and multiple -unit buildings, 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. (c) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. (d) 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. (e) That the location of water and sanitary sewer main connections to existing infrastructure be subject to the approval of Saint John Water and Infrastructure Development. Section 59 No Agreement Section 131 No Agreement Other Yes 1. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted subdivision plan, including any required Local Government Services Easements and Municipal Drainage Easements. 2. That Common Council accept money -in -lieu of Land for Public Purpose dedication in relation to the proposed subdivision. 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including any necessary temporary turnarounds. `Pl%7 Weill BY-LAW NUMBER C.P. 111-166 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Rezoning a parcel of land having an area of approximately 9.15 hectares, located at 50 Heather Way, also identified as PIDs 55124358, 00456640, 00456657, 00456665, and 55190227, from Two -Unit Residential (112) 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: ARRETE NO C.P. 111-166 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par : Rezonage d'une parcelle de terrain d'une superficie d'environ 9,15 hectares, situee au 50 voie Heather egalement identifie des NIDs 55124358, 00456640, 00456657, 00456665, and 55190227, 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 - June 10, 2024 Premiere lecture - le 10 juin 2024 Second Reading — June 10, 2024 Deuxieme lecture - le 10 juin 2024 Third Reading - Troisieme lecture - 201 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 Two -Unit Residential Zone residentielle R2 ® RM bifamiliale 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: Dunnett's Landscaping Ltd. Location: 50 Heather Way PID(s)/NIP(s): 55124358, 00456640, 00456657, 00456665, 55190227 Considered by P.A.C./Considers par le C.C.U.: May 22 mai, 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: June 11 juin, 2024 202 Staff Recommendation for Council Resolution Subject: Zoning By -Law Text Amendments — Excavation and Filling Public Hearing, 1" and 2nd reading held on June 10, 2024 3' Reading: Scheduled for June 24, 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: 1. deletes subparagraph 9.7(1)(c)(ii) and replacing it with the following words: "(ii) Any work performed by a public utility or a local, provincial, or federal government; or" 2. deletes subparagraph 9.7(2)(c)(ii) and replacing it with the following words: "(ii) Any work performed by a public utility or a local, provincial, or federal government; or" Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No WIN BY-LAW NUMBER C.P.111-167 ARRETE No C.P. 111-167 A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN JOHN Be it enacted by The City of Saint Le conseil communal de The City of John in Common Council convened, as Saint John, etant reuni, edicte ce qui suit: follows: The Zoning By-law of The City of L'Arrete de zonage de The City of Saint John enacted on the fifteenth day of Saint John, edicte le 15 decembre 2014, est December, A.D. 2014, is amended by: ainsi modifie : 1. Section 9.7 is amended by deleting 1. L'article 9.7 est modifie par la subparagraph 9.7(1)(c)(ii)and replacing suppression de 1'alinea 9.7(1)(c)(ii) et it with the following words: son remplacement par ce qui suit: (ii) Any work performed by a public utility or a local, provincial, or federal government; or (ii) les travaux effectues par une entreprise de services publics on par un gouvernement local, provincial on federal; 2. Section 9.7 is amended by deleting 2. L'article 9.7 est modifie par la subparagraph 9.7(2)(c)(ii) and replacing suppression de 1'alinea 9.7(2)(c)(ii) et it with the following words: son remplacement par ce qui suit: (ii) Any work performed by a public utility or a local, provincial, or federal government; or" - 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 * day of *, A.D. 2024 and signed by: Mayor/Maire (ii) les travaux effectues par une entreprise de services publics on par un gouvernement local, provincial on federal; - tomes les modifications sont indiquees sur la carte ci-jointe qui fait partie du present arre"te. 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 : Common Clerk/Greffier communal First Reading - June 10, 2024 Premiere lecture - le 10 juin 2024 Second Reading - June 10, 2024 Deuxieme lecture - le 10 juin 2024 Third Reading - Troisieme lecture - 204 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Saturday, June 15, 2024 2:09 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ 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 spamsamplea-saintiohn.ca or contact the IT Service Desk.** Submitted on Sat, 06/15/2024 - 02:09 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Rodelle Last Name: Rancourt Address: Day Time Phone Number: Email If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Request Topic of Presentation: Job growth and Low -Income housing Purpose for Presentation (what is the ask of Council): A vacant Variety store across my street is attracting drug dealing and the north end is experiencing a rise of home invasions. My plan would help reduce the crime in our area and create jobs and affordable accommodation. W9191 Background Information: I am a Social Media Marketing student with a certificate in Health Office Assistant. I've been a resident of Saint John for three years now. I love the city and would like to help improve it. My plans are very innovative and I would like to have a formal meeting to discuss the potential. Are you making a request for funding? Yes WIN June 24, 2024 Members of Council: Subject: Recommended Appointments to Committees The Committee of the Whole, having met on June 24, 2024, makes the following recommendations: North End Advisory Committee: to appoint Deputy Mayor John MacKenzie and Councillor Barry Ogden from June 24, 2024 to the end of their current term of Council; to appoint Tamara Kelly as the ONE Change representative for a three-year term from June 24, 2024 to June 24, 2027; to appoint Anne Driscoll as the Crescent Valley Resource representative for a three-year term from June 24, 2024 to June 24, 2027; and to appoint Steve Belyea, Anne McShane, Melissa Wakefield, Kelly Baker, Graeme Stewart -Robertson, Evan Miller and Jamiu Abdulraheem each for a three-year term from June 24, 2024 to June 24, 2027. Saint John Community Arts Board: to appoint Brittany Ewart for a three-year term from June 24, 2024 to June 24, 2027. Saint John Free Public Library Board: to appoint Elizabeth Krajewski for a three-year term from July 27, 2024 to July 27, 2027. Nominating Committee: to appoint both Councillor Greg Stewart and Councillor Greg Norton from June 24, 2024 to May 31, 2025. Saint John Industrial Parks: to appoint Bruce Wright, John Runcie, Mike Rekrutiak, Edwin Bernard, Cameron Hughes, James Finch each for a three-year term from June 24, 2024 to June 24, 2027; to appoint Lois Vincent for a one-year term from June 24, 2024 to June 24, 2025; and to appoint Councillor Lowe and Councillor Killen from June 24, 2024 to the end of their current terms on Council. Sincerely, Mayor and Chair of the Nominating Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vww+w,saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 ---ter 18015A