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2023-03-06_Agenda Packet--Dossier de l'ordre du jour
�B City of Saint John Common Council Meeting AGENDA Monday, March 6, 2023 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 February 21, 2023 5 - 15 2.2 Minutes of February 27, 2023 16 - 18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Amendment to Urban Development Incentive Grant Agreement — 35 Cliff Street 19 - 82 (Steepleview Development Inc) (Recommendation in Report) 5.2 Name Change in License Agreement (Recommendation in Report) 83 - 145 5.3 Contract No. 2022-14: Rockwood Park Redevelopment Project Phase III 146 - 149 (Recommendation in Report) 5.4 Engineering Services — Retail Drive Intersection Realignment 150 - 153 (Recommendation in Report) 5.5 Materials Testing and Construction Inspection Services for 2023 and 2024 154 - 157 (Recommendation in Report) 5.6 2023 Engineering Inspection Services (Recommendation in Report) 158 - 160 5.7 Evaporative Condenser System Upgrades — Stewart Hurley and Charles 161 - 163 Gorman Arena (Recommendation in Report) 5.8 Street Naming (Recommendation in Report) 164 - 169 6. Members Comments 7. Proclamation 7.1 International Day for the Elimination of Racial Discrimination - March 21, 2023 170 - 170 7.2 Kidney Month - March 2023 171 - 171 8. Delegations / Presentations 8.1 Human Development Council: New Brunswick's 2022 Child Poverty Report 172 - 180 Card 9. Public Hearings - 6:30 p.m. 9.1 Proposed recission of former Section 39/59 Condition with Planning Advisory 181 - 222 Committee report and Staff Presentation - 1382 Hickey Road 9.2 Stop Up and Close - portion of Newport Crescent (1st and 2nd Reading) 223 - 225 10. Consideration of By-laws 10.1 By -Law respecting the Powers and Duties of the Chief Administrative Officer 226 - 231 of The City of Saint John (3rd Reading) 10.2 Zoning By -Law Amendment with Section 59 Conditions - 54-58 Broad Street 232 - 235 and 57 Broadview Avenue (3rd Reading) 10.3 Zoning By -Law Text Amendment for Converted Accommodation (3rd Reading) 236 - 239 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 12.2 Community Grants Program 2023 240 - 245 P► 13. Committee Reports 13.1 Growth Committee: Affordable Housing Grant Program — Policy Amendment 246 - 257 13.2 Growth Committee: Community Services Reserve 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 258 - 273 15.1 C. and M. Osborne: Feedback on Waste Wise Program (Recommendation: 274 - 278 Refer to CAO) 15.2 Request for Sponsorship - SJ Union Basketball (Recommendation: Receive 279 - 279 for Information) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Rapid Housing Initiative Round 3 - Projects Stream Submission 280 - 282 18. Adjournment K City of Saint John Common Council Meeting Monday, March 6, 2023 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: 5:00 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 6 mars 2023 18h 2e etage de la salle du conseil communal, 1-16tel de ville Un moyen de communication electronique sera utilise lors de cette reunion. Le public peut assister a la reunion en personne clans la salle du Conseil ou de fa�on virtuelle sur le site Web de la ville (www.saintiohn.ca) ou sur Rogers TV Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 17 h — Comite plenier a huis clos - salle de conference du 2e etage 1.1 Approbation du proces-verbal 68(1) 1.2 Questions financieres 68(1)(c) 1.3 Questions financieres 68 (1)(c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des terres 1.2 Hymne national 2. Approbation du proces-verbal 2.1 Proces-verbal du 21 fevrier 2023 2.2 Proces-verbal du 27 fevrier 2023 K 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Amendement a I'accord de subvention pour incitatifs au developpement urbain — 35, rue Cliff (Steepleview Development Inc) (recommendation clans le rapport) 5.2 Changement de nom clans le contrat de licence (recommendation clans le rapport) 5.3 Contrat n° 2022-14 : phase III du projet de reamenagement du parc Rockwood (recommendation du rapport) 5.4 Services d'ingenierie - reamenagement de ('intersection de la promenade Drive (recommendation clans le rapport) 5.5 Services d'essais de materiaux et d'inspection de la construction pour 2023 et 2024 (recommendation clans le rapport) 5.6 Services d'inspection technique de 2023 (recommendation clans le rapport) 5.7 Amelioration des systemes de condenseurs evaporatifs - arenas Stewart Hurley et Charles Gorman (recommendation clans le rapport) 5.8 Toponymie des rues (recommendation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee internationale pour I'elimination de la discrimination raciale - 21 mars 2023 7.2 Mois national du rein - mars 2023 8. Delegations et presentations 8.1 Human Development Council: rapport 2022 sur la pauvrete des enfants au Nouveau -Brunswick 9. Audiences publiques 9.1 Proposition d'annulation de I'ancienne condition de I'article 39/59 en lien avec le rapport du Comite consultatif d'urbanisme et la presentation du personnel —1382, chemin Hic3key 9.2 Arret et fermeture — partie du croissant de Newport (11e et 2e lectures) 10. Etude des arretes municipaux 10.1 Arrete concernant les pouvoirs et les fonctions de I'administrateur en chef de la ville de Saint John (3e lecture) 10.2 Modification de I'arrete de zonage avec conditions de I'article 59 - 54-58, rue Broad et 57, avenue Broadview (3e lecture) 10.3 Modification du texte de I'arrete de zonage pour la conversion de structures d'hebergement en logements (3e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour de I'administrateur en chef sur certains projets catalyseurs et la defense des interets (verbal) 12.2 Programme de subventions communautaires de 2023 13. Rapports deposes par les comites 13.1 Comite de la croissance : programme de subventions pour le logement abordable - modification de la politique 13.2 Comite de la croissance : services communautaires - reserve 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 C. et M. Osborne : retroaction sur le programme Lo-logique (recommendation : s'adresser a I'administrateur en chef) 15.2 Demande de parrainage pour I'equipe de basketball : Saint John Union (recommendation : obtenir de ('information) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Rapid Housing Initiative Round 3 — Projects Stream Soumission 18. levee de la seance CI COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 21, 2023 AT 6:15 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris 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: Councillor Ward 1 Greg Norton Also Present: Chief Administrative Officer (CAO) B. McGovern Chief Financial Officer Commissioner K. Fudge General Counsel M. Tompkins Director Human Resources K. Shannon Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Director Growth & Community Services D. Dobbelsteyn Commissioner Public Work And Transportation M. Hugenholtz Director External Relations L. Caissie Director Legislative Services / City Clerk J. Taylor Administrative Officer R. Evans Deputy Clerk P. Anglin Call to Order 61 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 1.1 Land Acknowledgement Councillor Killen 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 February 6. 2023 Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that the minutes of February 6, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Stewart, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda for February 21, 2023, be approved with moving item 8.1 after the Consent Agenda and the addition of items from Committee of the Whole 17.1 Proposed Sale of Surplus Lands near Taylor Lake; 17.2 Third Party Claim re Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023; 17.3 Braydon Road Encroachment by Debly Resources Inc.; 17.4 Creating Affordable Neighbourhoods Fund (CANF) Transfer; 17.5 Catalytic Multipurpose Recreational Facility; 17.6 Nominating Committee Recommended Appointments to Committees, and the addition of item 15.2 Ticket Request — Federal Minister of Transit Luncheon. MOTION CARRIED 4. Disclosures of Conflict of Interest Councillor Stewart declared a conflict of interest with item 17.2. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-35: Proposed Public Hearing Date — 228 Lancaster Avenue Common Council schedule the public hearing for the Zoning Bylaw Rezoning application submitted by 0408017 NB Ltd (Luke Simpson) for 228 Lancaster Avenue (PID: 00033357) for Monday, April 3, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. C.1 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 5.2 RESOLVED that as recommended in the submitted report M&C 2023-36: Traffic Pain Purchase, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2023 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $166,358.94 plus HST. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-33: Building Safer Communities Fund Contribution Agreement with Public Safety Canada, the City of Saint John enter into the Funding Agreement with Public Safety Canada as attached to M&C Report 2023-33 dated February 15, 2023 for Funds received through the Building Safer Community Fund and that Mayor and City Clerk be authorized to execute same. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY 8.1 Heritage Awards for 2022 Jamie Watson, Chair Heritage Development Board, announced the 2022 Heritage Award winners: Fagade Rehabilitation Award: • 80 Sydney Street, Barbara Kliffer • 156 Sydney Street, Leslie Jeffrey • 162 Sydney Street, Scott Mitchell & Jillian English • 170 Prince William Street, NB Education Heritage Recovery Award: • 269 Charlotte Street, Historica Heritage Stewardship Award: • 5 Alexandra Street, Jon Fraser & Carrie Stevenson • 152 Watson Street, Christopher Osborne & Melissa Osborne • 79-81 Sydney Street, JC Brooks Property Group Ltd. Commitment to Craft Award: Black River Woodworking Ting Painting —William Leaman 6. Members Comments Members commented on various local events. r� COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 7. Proclamation 7.1 The Mayor proclaimed the week of February 201" to February 261", 2023, as Heritage Week in the City of Saint John. 7.2 The Mayor proclaimed March 2023 as Multiple Myeloma Awareness Month in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings - 6:30pm 9.1 Proposed Zoning By -Law Text Amendment for Converted Accommodation with Planning Advisory Committee recommendation and Staff Presentation (1 st and 2nd Reading) The necessary advertising was completed with regard to the proposed Zoning By -Law amendment to establish a new land use definition "converted accommodation" to enable the conversion of an existing accommodation establishments into dwelling units, and to add the use to the Uptown Commercial (CU), Business Park Commercial (CBP), Commercial Corridor (CC), and General Commercial (CG) zones. The proposed use will facilitate the conversion of accommodation structures into dwelling units in a number of commercial zones. This will help facilitate the development of new dwelling units, including affordable housing units to meet the City's established housing needs. Consideration was given to a report from the Planning Advisory Committee in which the committee recommended approval of the amendment. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: • Stephen Brittain, Applicant Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending section 3.1; adding section 9.22; amending section 11; amending subsection 11.1(1); amending subsection 11.4(1); amending subsection 11.5(1); and amending subsection 11.7(1), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Hickey E:3 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending section 3.1; adding section 9.22; amending section 11; amending subsection 11.1(1); amending subsection 11.4(1); amending subsection 11.5(1); and amending subsection 11.7(1), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning By -Law Amendment — 54-58 Broad Street and 57 Broadview Avenue with Planning Advisory Committee recommendation and Staff Presentation (1st and 2nd Readina) The necessary advertising was completed with regard to the proposed Zoning By -Law amendment amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Consideration was given to a report from the Planning Advisory Committee in which the committee recommended approval of the amendment with Section 59 conditions. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting: • Seth Asimakos on behalf of the Applicant Kaleidoscope Social Impact. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC), 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 Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 rezoning a parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC), 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 — portion of Newport Crescent with Planning Advisory Committee recommendation and Staff Presentation (1 st and 2nd Reading) The necessary advertising was completed with regard to the proposed Zoning Bylaw amendment amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8910 square metres, also identified as a portion of Newport Crescent from unzoned street (CFN) to Mid -Rise Residential (RM). Consideration was given to a report from the Planning Advisory Committee in which the committee recommended approval of the amendment with Section 59 conditions. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with the following presenting: • Dawn Lamb resident Millidge Avenue. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. • Carly Forester on behalf of the Applicant Kindred Works. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8910 square metres, also identified as a portion of Newport Crescent from unzoned street (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 Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 8910 square metres, also ito] COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 identified as a portion of Newport Crescent from unzoned street (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." 10. Consideration of By-laws 10.1 Chief Administrative Officer By -Law (1st and 2nd Reading) Consideration was given to the submitted report M&C 2023-039: Chief Administrative Officer By -Law. Moved by Councillor Sullivan, seconded by Councillor Killen: RESOLVED that the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John," be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John," be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "By -Law No. L.G.-19 A By -Law respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John." 11. Submissions by Council Members 11.1 Options to Support Day Care Development (Councillor Killen and Councillor Ogden) Moved by Councillor Ogden, seconded by Councillor Killen: RESOLVED that City staff identify options to support the current development efforts of adding additional daycare spaces in Saint John and the CAO report back to Growth Committee. MOTION CARRIED. Councillor Sullivan withdrew from the meeting. 12. Business Matters — Municipal Officers 11 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 12.1 2023 Initiatives Plan (Deferred from February 6, 2023) The CAO presented the 2023 Initiatives Plan that outlines staff workplan outcomes for 2023. Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that the 2023 Initiatives Plan be received for information. MOTION CARRIED. 12.2 Council Member's Notice of Motion Responding to question, the General Counsel advised that the purpose of the proposed motion is to prepare motions that are acceptable and pass. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that as recommended in the submitted report M&C 2023-40: Council Member's Notice of Motion, Common Council approve the Notice of Motion process outlined in M&C 2023-40, including the Notice of Motion template and the best practices for drafting a motion; and further, that the General Counsel be directed to prepare the necessary amendments to the Procedural By-law to give effect to this revised Notice of Motion Process, for Council's consideration. MOTION CARRIED with Councillors Radwan and Ogden voting nay, stating the proposed process for Council motions is undemocratic and will cause delay. 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Compassionate Grief Centre - Celebration for a Cause Event (Recommendation: Refer to Clerk to purchase tickets for interested members of Council) Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that the Compassionate Grief Centre - Celebration for a Cause Event - Ticket Purchase request, be referred to the Clerk to purchase tickets for interested members of Council. MOTION CARRIED. 15.2 Federal Minister of Transit - Luncheon February 28, 2023 (Recommendation: Refer to Clerk to purchase tickets for interested members of Council) Moved by Councillor Harris, seconded by Councillor Ogden: RESOLVED that the Federal Minister of Transit -Luncheon February 28, 2023 - Ticket Purchase request, be referred to the Clerk to purchase tickets for interested members of Council. 12 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Proaosed Sale of Surplus Lands near Tavlor Lake Moved by Councillor Hickey, seconded by Councillon Radwan: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023, Common Council approve the following: 1. The City declare a 14.2 ha. portion of PI D 354720, identified as lot 21-01 on the attached Tentative Subdivision Plan dated October 12, 2022, surplus to its needs in accordance with the Policy regarding the Acquisition or Disposal of Property; 2. The City enter into an Agreement of Purchase and Sale with 726328 NB Inc. generally in the form as attached to M&C 2023-34 for the sale of the said Lot 21-01 and the granting of a right-of-way over City owned PI D 55018899 for access to the said lot 21-01; and 3. The Mayor and the Clerk be authorized to execute the said Agreement of Purchase and Sale and any documents ancillary thereto or necessary to effect the transaction. MOTION CARRIED Having declared a conflict -of -interest Councillor Stewart withdrew for discussion item 17.2 17.2 Third Party Claim re Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023 Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023 Common Council authorizes the General Counsel or her designate to issue a Third Party Claim against Shannon Caldwell in the matter of Anna Caldwell v. The Corporation of the City of Saint John, Court File No. SJC-6-2023. MOTION CARRIED with Councillor Harris voting nay. Councillor Stewart re-entered the meeting. 17.3 Braydon Road Encroachment by Debly Resources Inc. Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023 Common Council approves that the City enter into a Settlement Agreement with Debly Resources Inc. ("Debly") generally in the form as attached to M&C No. 2023-42 for the settlement of all claims stemming from the encroachment by Debly on City -owned lands located at or near the Braydon Road and identified as PID 00351916; and that the Mayor and Clerk be authorized to execute the said Settlement Agreement and any documents ancillary thereto. MOTION CARRIED 13 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 17.4 Creatina Affordable Neiahbourhoods Fund (CANF) Transfer Moved by Councillor Killen, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023, Common Council approves that the City enter into a Release Agreement with the Canada Mortgage and Housing Corporation and Envision Saint John: The Regional Growth Agency related to the Creating Affordable Neighbourhoods Fund Agreement, generally in the form as attached to M&C 2023-43 and that that the Mayor and Clerk be authorized to execute the said Release Agreement and any documents ancillary thereto. MOTION CARRIED 17.5 Catalvtic Multipurpose Recreational Facilit Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023, Common Council approve an expenditure of $110,000 plus HST for consultant support related to the scoping and costing work for the Catalytic Multipurpose Recreational Facility funding application. MOTION CARRIED 17.6 Nominatina Committee Recommended ADDointments to Committees Moved by Deputy Councillor, seconded by Councillor Killen: RESOLVED that as recommended by the Committee of the Whole, having met on February 21, 2023, Common Council approve the following appointments to committees: City of Saint John Shared Risk Pension Plan: to reappoint Michael Duncan for a 4-year term from February 21, 2023, to February 20, 2027; Fort LaTour Authority: Notwithstanding the policy adopted by Common Council on October 29, 2012, regarding appointments to agencies, boards, and commissions, to reappoint Beth Kelly Hatt for a 1-year term from March 3, 2023 to March 2, 2024; Heritage Development Board: to reappoint both Adam Pottle and Melissa Wakefield for 3-year terms from February 24, 2023, to February 23, 2026, and March 3, 2023 to March 2, 2026, respectively; and to appoint Jill Bambury from February 21, 2023 to February 20, 2026; Lord Beaverbrook Rink: to reappoint Mark Hughes from February 24, 2023, to February 23, 2026; Planning Advisory Committee: to reappoint each of Anne McShane, Peter Pappas, and Brad Mitchell for 3-year terms from January 1, 2023, to January 1, 2026; PRO Kids: to appoint both Marcy Barnes and Hebatalla Mohamed for 3-year terms from February 21, 2023, to February 20, 2026; and to appoint Gary Crossman from March 6, 2023 to March 5, 2026; to 14 COMMON COUNCIL / CONSEIL COMMUNAL February 21, 2023 / le 21 fevrier 2023 Rockwood Park Endowment Fund: to appoint Jennifer Goguen for a 3-year term from February 21, 2023, to February 20, 2026; and to reappoint Michael Harris for a 3-year term from February 24, 2023 to February 23, 2026; Saint John Community Arts Board: to appoint Neil Bonner and Sarah Harris each for 3-year terms from February 21, 2023, to February 20, 2026; to appoint Ann Mowatt for a 3-year term from March 6, 2023 to March 5, 2026; and to reappoint Dahlia Das for a 3- year term from July 6, 2023 to July 5, 2026; Saint John Energy: to appoint Eric Poirier for a 3-year term from February 24, 2023, to February 23, 2026; and notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to reappoint both James Shaw and Shelley Courser for 3-year terms from March 13, 2023 to March 12, 2026, and March 25, 2023 to March 24, 2026 respectively; Saint John Free Public Library: to appoint Emilie Bourque, Jill Davis LeBlanc, and Julia Wright each for 3-year terms from February 21, 2023, to February 20, 2026; Saint John Substandard Properties Appeal Committee: to refer to the Growth Committee to have the Provisions Governing the Procedure and Operation of the Substandard Properties Appeal Committee examined. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie: RESOLVED that the meeting of Common Council held on February 21, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:50 p.m 11 City Clerk 15 COMMON COUNCIL / CONSEIL COMMUNAL February 27, 2023 / le 27 fevrier 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 27, 2023 AT 5:00 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: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Ward 3 Gerry Lowe Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Chief Financial Officer Commissioner K. Fudge Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J Hamilton Director Public Works & City Traffic Engineer T. O'Reilly Director External Relations L. Caissie Director Legislative Services / City Clerk J. Taylor Administrative Officer R. Evans Deputy Clerk P. Anglin Call to Order COMMON COUNCIL / CONSEIL COMMUNAL February 27, 2023 / le 27 fevrier 2023 1.1 Land Acknowledgement Councillor Norton 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 High School Choir performed O Canada by video. 2. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the agenda for February 27, 2023 be approved with the addition of item 7.1 Catalytic Multipurpose Recreational Facility — Professional Fees. MOTION CARRIED. 3. Disclosures of Conflict of Interest 4. Consent Agenda 4.1 RESOLVED that as recommended in the submitted report M&C 2023-46: 2023: Field, Arena Floor and Tennis Court Rates, Common Council: 1. Approve a 3% rate increase for the 2023 Field, Arena Floor and Tennis Court rates as listed in table 1 of M&C Report 2023-46. This option will allow time for a complete review of the Recreation Subsidization Policy; and, 2. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2019-332 (Attachment `A'). 4.2 RESOLVED that as recommended in the submitted report M&C 2023-44: Low Carbon Economy Fund (LCEF) Third Amending Agreement — Municipal Buildings Energy Retrofit Project, Common Council approve the Third 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 attached; and that the Mayor and City Clerk be authorized to execute the said Amending Agreement. 4.3 RESOLVED that as recommended in the submitted report M&C 2023-45: Low Carbon Economy Fund (LCEF) Third Amending Agreement — District Energy System (DES) Project, Common Council approve the Third Amending Agreement under the Low Carbon Economy Fund for the District Energy System (DES) Project in the form and upon the terms and conditions as attached; and that the Mayor and City Clerk be authorized to execute the said Amending Agreement. 17 COMMON COUNCIL / CONSEIL COMMUNAL February 27, 2023 / le 27 fevrier 2023 Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 5. Members Comments Members commented on various local events. 6. Consideration of Issues Separate from Consent Agenda 7. Committee of the Whole 7.1 Catalytic Multipurpose Recreational Facility— Professional Fees Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on February 27, 2023, Common Council approve an expenditure of $120,000 plus HST for consultant support related to the scoping and costing work for the Catalytic Multipurpose Recreational Facility funding application. MOTION CARRIED. 8. Adjournment Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the meeting of Common Council held on February 27, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 5:15 p.m. 3 City Clerk iF:3 COMMON COUNCIL REPORT M&C No. 2023-52 Report Date March 02, 2023 Meeting Date March 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Amendment to Urban Development Incentive Grant Agreement — 35 Cliff Street (Steepleview Development Inc) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Andrew Reid Jacqueline Hamilton J. Brent McGovern RECOMMENDATION That the City of Saint John enter into an amending agreement with Steepleview Developments Inc., as attached to M & C Report 2023-52, for an urban development incentive grant, and that the Mayor and City Clerk be authorized to execute the agreement. EXECUTIVE SUMMARY The Steepleview Development project initially was on track for construction beginning in early 2022 but was delayed due to unanticipated increases in construction costs. The municipal urban development incentive grant is an important component to this project. The proponent has indicated that the project is back on track and will be proceeding in the spring of 2023. To ensure all terms and conditions of the grant agreement are being met, staff are recommending an amendment to the grant agreement to change a stipulated start date of May 15, 2022 to August 31, 2023. No other changes to the grant agreement are proposed. PREVIOUS RESOLUTION On April 23, 2019 Common Council amended the Urban Development Incentives Policy. The existing grant agreement between the City of Saint John and Steepleview Developments Inc. falls within this 2019 policy, which is attached to the executed grant agreement. On March 21, 2016, Common Council adopted the Urban Development Incentives Policy and Urban Beautification Grant Policy. 11111061 -2- REPORT In November 2021, Steepleview Developments Inc., a non-profit organization, applied for an urban development incentive grant to assist with the development of a 56-unit multi -residential building located at 35 Cliff Street. The application was approved as per the policy and a grant agreement executed between the proponent and City in January 2022. Per the conditional letter of approval, the project is eligible to receive a grant of up to $591,600 upon completion over a 5 year period, subject to new tax revenue received as a result of the redevelopment, a $50,000 grant due to construction challenges, and $10,000 grant to offset the cost of the building permit due to the inclusion of affordable housing as part of the project. After experiencing a delay in construction during 2022 due to construction cost increases, the proponent is proceeding with a Spring 2023 start date. While excavation and site work were undertaken in 2022, the proponent failed to meet the technical policy definition of project start date for infill development projects, which is defined as the following: "For Infill Development Projects, project start date means the date at which the pouring of the footings or foundation has begun." Staff recommend the attached amendment to the grant agreement, changing the start date from May 15, 2022 to August 31, 2023. The proponent is supportive of the new start date. Should the proponent fail to meet the start date, the grant agreement may be revisited with Common Council at that time. The project will provide much needed new purpose-built rentals in the city on a vacant lot in Waterloo Village, which is an area incentivized for urban redevelopment. The project is a mixed income development, consisting of 28 affordable units and 28 market rent units and will also deliver a new daycare centre. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Urban Development Incentives align with the following Council Priorities, in addition to the goals of the Central Peninsula Secondary Plan. Grow: Population Growth - Grow our population at a rate of 2% annually by the end of Council's term. Economic Growth - Achieve 3% annual property tax base growth and ongoing work to increase the target. K91 -3- Belong: • Livable Neighbourhoods Facilitate a mix of affordable housing in all of our neighbourhoods. SERVICEAND FINANCIAL OUTCOMES Urban Development Incentives are budgeted for through the "Building Incentive Reserve," which is a $350,000 annual contribution under Growth and Community Services General Fund Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and the General Counsel's Office were consulted in the preparation of this report and amended grant agreement. ATTACHMENTS 1. Attachment 1 - Amending Agreement — Steepleview Developments Inc and the City of Saint John 2. Attachment 2 - January 261h, 2022 Grant Agreement — Steepleview Developments Inc and the City of Saint John 3. Schedule A— Letter of Conditional Approval 21 THIS AMENDING AGREEMENT made this day of March, 2023. BY AND BETWEEN: STEEPLEVIEW DEVELOPMENTS INC., a company duly incorporated under the laws of the Province of New Brunswick, having its registered office at 16 Roatan Way, Saint John, New Brunswick, E2J 0138, hereinafter the "Developer" OF THE FIRST PART and THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at 15 Market Square, Saint John, New Brunswick, E2L 1 E8, hereinafter the "City" OF THE SECOND PART WHEREAS at its meeting held the 215t of March 2016, the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant, Construction Challenges Grant and Building Permit Grant) for a development on a property bearing PID 55221071 and portions of 55226724 and 00014621 (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS as required by the Policy, the Developer entered into a Grant Agreement (the "Grant Agreement") with the City on January 26, 2022; and WHEREAS the Developer received a Letter of Conditional Approval from the City dated April 27, 2022, which is attached hereto as Schedule "A"; and WHEREAS the Project was delayed due to the impacts of world events unforeseen at the time the Grant Agreement was finalized; NOW THIS AMENDING AGREEMENT WITNESSETH that the parties agree as follows: Paragraph 3 of the Grant Agreement is deleted and replaced with the following: Construction of the Project shall begin within two (2) months of the date of execution of this Amending Agreement or on or before August 31, 2023, whichever is the later date. 22 In all other respects the provisions of the Grant Agreement referenced in the third recital remain unchanged. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. SIGNED, SEALED AND DELIVERED ) STEEPLEVIEW DEVELOPMENTS INC. in the presence of: Per: Per: THE CITY OF SAINT JOHN Donna Noade Reardon, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: March , 2023 23 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, , of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the , of Steepleview Developments Inc, the Developer named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of Steepleview Developments Inc„ is the corporate seal of Steepleview Developments Inc, named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature " " subscribed to the said instrument is my signature and I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of 12023. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of ,2023 Commissioner of Oaths Being a Solicitor 24 GRANT AGREEMENT THIS AGREEMENT made in duplicate thisaO dd y of January 2022. BY AND BETWEEN: STEEPLEVIEW DEVELOPMENTS INC. of the City of Saint John and Province of New Brunswick, a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the 21st of March, 2016, the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant, Construction Challenges Grant, and Building Permit Grant) for a development on a property bearing PID 55221071 and portions of 55226724 and 00014621 (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: 1. The development for which the Grants contemplated in this Agreement shall be paid is outlined in the prescribed application form, site plan and drawings attached hereto as Schedule "A" (hereinafter the "Project'). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 25 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 15th of the year this Agreement is executed, whichever is the later date. 4. Projects that are phased in nature, i.e. will require more than one building permit, must be completed and in receipt of an occupancy permit according to the following schedule: PtOjM Type Required Completion Da�e Projects with estimated Construction Costs below[napplicatiOn. pleted by November 1three years following the submission of 52,000,000. Projects with estimated Construction Costs greaterpleted by November i five years following the submission of an than $2,000,000. cation. 5. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the list of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant (Percentage of Grant x Incremental City Taxes calculated annual) 1 90% 2 80% 3 60% 4 40% 5 20% 6. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law, and, c. availability of sufficient resources in the Development Incentives Reserve Fund, as provided in the City's annual operating budget and/or replenished per the mechanism set out in the Policy. 7. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in 26 any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. Residential Construction Challenges Grant 8. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer a Residential Construction Challenges Grant in the amount of $50,000 following the receipt by the Developer of an occupancy permit or certificate of successful completion under the City's Building By -Law. 9. The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. the City completing an inspection which confirms that the relevant incentive program eligibility criteria have been met; and b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law. 10_ The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 11. Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed. Building Permit Grant 12. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer for its Non -Market Housing Project a Building Permit Grant in the amount of $10,000 following receipt by the Developer of an occupancy permit or certificate of successful completion pursuant to the City's Building By -Law. 13. The City's obligation to pay the Building Permit Grant is conditional upon: a. the City completing a final inspection confirming that the relevant program eligibility criteria have been met; and b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law. 14. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the 27 Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 15. Prior to the payment of any grants contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. Termination 16. The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, c. Common Council, by resolution, rescinds the Policy. 17.This Agreement may not be assigned without the written consent of the City. 18.This Agreement shall be governed by the laws of the Province of New Brunswick. 19. No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 20. Each party shall be responsible for paying its own costs and expenses incurred in connection with the execution and delivery of this Agreement. 21.This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. 28 IN WITNESS WHEREOF the parties hereto have caused these presence to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: STEEPLEVIEW DEVELOPMENTS INC. eveo. -- Per- 'Y' Name: Joseph Kevin MacDonal `moo: In a> ; 2014 Title: President �:,• ? .• .o THE CITY OF SAINT JOHN f ,ti Mayor /.ram ' ammon Cle Common Council Resolution: 29 SCHEDULE A (Application Forth) 30 Please note the following before completing this form: Complete all re;evant fields unless marked If App!Icable" or your application will not be considered. The following attacl=ents are required to deem the application complete: o Floor Plans and/or Elevation Drawings o Autfiorization from Property Owner o Construction Challenge Cost estimates Rapplicable) b Building P&rhitApplicatlon o Project5chedule - lega[names of property owners are required, - All costs associated with the preparation and submission of en OppBcation is the responsibility of the applicants. - Construction Cost Challenges Grants and Building Permit Grants are received, reviewed, and approved on a first -come, first -serve basis uhtil annual budgets are exhausted. The City may request an Independent audit of the Construction Challenges Costs at the expense of the applicant. The City's acceptance of an ap(litation does not guarantee eligibility. Once determined eligible, projects are required to enter into a grant agreement with the City. For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eNgibinty. Application Steps r ' � 3u]mssrnN 6 Q City Flan Building IDth F13or -15 Market squore SOW John, N5 £1i.1 E8 ") W-2012 31 (cussi disponible en froriCois) !. Grants Q Residential Density Grant �( Construction Challenges Grant ® Building Permit Grant 2. project Type and Construction Challenges (if applicable) Choose one project type and cheek any challenges that apply, Estimates are required in the form of a cost to ronstruct budget approved by a professional architect, engineer, or accountant with attached invoices, T Vacant Buliding Redevetoomen¢ f 3. Applicant/Propety Owner Information rorerty owner Name of Registered Roperty Owner Roman Catholic 31shop of Saint John in the process of being transferred to Steepleview Developments Inc. C/O Steep)eview Developments Inc. Mailing Address (with Postal Code) 16 Roatan Way, Saint John, NB E2J OBb At',: Kevin McDonald Home Telephone Number Work Telephone Number 50& 639-1206 Fax Number E-mail kevinmcd99@grrail.com Applicant (if Applicable) ' Eligible methods may include the following: The construction or upgrading of a service room; the constructiun of a fire separation greater than 1 hour; the construction of a fire wall: and non-combustible constriction. 32 Name of Applicant J. Kevin McDonald (Chair) on behalf of Steepleview Developments Inc. Mailing Address (with Postal Cqde) CIO 16 Roalen Way, Saint John, NO E2J 088 Home Telephone Number Work Telephone Number 506-672-9152 50&639-1206 Fax Number E-mail kevinmed990 Inall.com 4. Property -information Location 31 Cliff Street, Saint John, NO -;PID 55221071 and poitions of 55226724 and 00014621. Civic N Street PID Existing Use Vacant Land Proposed Use Nixed income housing / Daycare! Knights of Columbus community room 5. Property Tax Current annual property tax Tax exempt Estimated property takes paid follOwing project completion. $90-100,000 Is this property in tax arrears, Ifso how much? (if applicable) _ 6. Estimated Cost of Construction 1) 5000 cu. m, of rock at $60 per cu. m: $250,000 2) Sewer separation - $70.000 Total for both rock excavd9on and sewer work= $320,000 Estimated Cost of Construction Challenges Note: Structures are induded insewer separation estimale. Estimated Cost of consttuction $12,000,000 7. Project Description Describe what you proposeto construct and det5ifthe history of the property, Including If there have been any demol tions. (Attach additional pages If necessary). 33 A multi story mixed income apartmerd building with a daycare and Knk&& of Columbus community room are __ -.- _d An indoor perking starasfe and surface oarkinir wiA ebo be developed. Bedrock p ,moval and separating a cambineci sewer are part of the proJect scope. The frrtget3 is ar perfy that previously was the location of a comrent and the CYO which we e demolished. we anticipate there may be remnants of the fotmdations shU existing on site which may �narease a pme ,cos o rerrsove , Are you applying for financial assistance under the Affordable Rental Housing Program of the Prov,nce of New Brunswick? Yes N NODJ If yes, how many units are eligible? 28 Now many units are not eligible? 28 Is your property located within a Heritage Conservation District? Yes ❑ No [X]. 8. Project Schedule: Date of 8uiidin; Pa,mit Scbmissloft- Estimated Project Star Date: November 202i cstirna:®o Proiect Completion Date: Earliest November 2022. If delays Maryk 2023. S. Authorization '9011, if the applicant Is NOT the owner, the Owner's signature or authorization (in writing) to submit this aPPreation is required '-ignanfr+of {, , — Signature of ihmZ' lrr�lff�.C&"�' LT - Date _Ji Cam_ Date For Office Use Only iteviawedey: Dale: V_ Project Number: Eligibility Confirmed: Yes ❑ No ❑ I wa;t List Number 34 10. Applicant's Checklist Complete Application Form - Submit attachments (Floor Plans, Elevations) Authorization from Property Owner Provide estimate of Construction Challenges Cost (if applicabie) signed off by Engineer, Accountant or architect Submit Copy of Building Permit Project Schedule---""-" Receive Letter confirming Eligibility and Payment Estimates SignErant Agreemetit Project CoMpleted - Submit Occupancy Permit Submit Construction Challenges Receipts (if ap"licable) -- — 35 36 ENGINEERING byHoughton BESIBREB By EXPERIENCE December 14t0 2021 One Stop Development Shop Attn: Andy Reid, Planner Via Email: andy.reidgsaintjohn.ca RE, Steepleview Development - Urban Development Incentive Grant Application Mr. Reid; The purpose of this letter is to provide a,preliminaty estimate of the Costs of Construction Challenges in support of the Urban°Development Incentive Grant Application -on behalf of Steepleview Developments Inc. for the proposed developmenvat 31�CIiff Street. Our preliminary estimates for construction costs that are eligible for -the grant include: • Rock Excavation; o Approximately 5000 cubic meters for site grading and foundation excavation at $50 per cubic meter • Approximate'totai cost: 5250,000.00 • Sewer servicing where only combined sewer exists o including supply and installation of manhole structures and sewer piping ■ Approximate.total cost: $70,000.00 1 trust that this letter meets the needs,af the grant application at this time. if you have any questions please contact the undersigned. Best Regards, Jaco Ipatrick Civil Engineering Lead Engineering`By Houghton 506-607-0709 Jacob®ebyh.ca 1942 Manawagonish Road, Saint John N8, E2M SHS www.engineeringbyhoughton.ca 37 ----- - tij fit g rr 7 771 4:ZLOO r�7L ST REET Frl 11 its li sill A if Ifill! 1 i pp r+ 7fJ8 Submission 2 - Floor Plans LEVEL 1 PRELIMINARY STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 31, 2021 39 MAIN FLOOR (2nd) PRELIMINARY STEEPLEVIEW APARTMENTS 1"=16' CLIFF ST ROBERT L. BOYCE, ARCHfTECT MAR 23, 2021 40 3rd, 4th, 5th FLOORS PRELIMINARY FOURTEEN UNITS/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 41 UNIT 7 LAYOUT ONE UNIT/FLOOR UNIT 9 LAYOUT PRELIMINARY THREE UNITS/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 42 ONE UNIT/FLOOR ONE UNIT/FLOOR PRELIMINARY STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 43 BEDROOM 2 BEDROOM e = DEN BATH UNIT LAYOUT PRELIMINARY [S;TLL'EEFFPLEVIEW APARTMENTS f�0���2TI BOYCE, ARCHITECT MAR 23, 2021 44 UNIT 11 LAYOUT PRELIMINARY ONE/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 45 �C/) Dm mm ;or- rr Om Om Co* D Om ZZ f cn cn cr 3 N� O� W m rn G O ca O CL X CD Q CD M. Cn N 46 Al -- T ray , ppy� MIT' 15_+Jil� .• l.it!l ij illl�b T - . � - ail. � "''-':s - "�°::s' , � e .,'k. Y y-•� SCHEDULE B (Urban Development Incentive Policy) 50 8AINTJOHN Subject: Urban Development Incentive Grant Policy Category: Policy Poll No.:16-77.1 M&C Report No.: Effective Date: Next Review Date: January 2020 Area(s) this policy applies to: Financial incentives Office Responsible for review of this Policy: Growth and supporting development in the Central Peninsula Community Development Related Instruments: Polity Sponsor: Commissioner of Growth and Urban Beautification Grant Policy Community.Development Services Document Pages: This document consists of 29 pages. Revision History: Common Clerk's Annotation for Official Record i certify that the —insert Title -Policy Statement was adopted by resolution of Common Council on Month -Day -Year I certify that the —insert Title -Policy was approved by the City Manager on Month -day -Year Common Clerk Date Contact: Andrew4teid Telephone: 506-GS9-4"7 Email: and .reid@saint'ohn.ca 51 2 CONTENTS PolicyStatement............................................................................................. 3 ...................................................... 1. Description of Program.................................................................. 3 .................................................................. 1.1 Development Incentive Reserve Fund ................................ 3 ............................................................................ 2. The Residential Density Grant .................................................. 5 ............................................................... 2.1 Eligibility Amounts......................................................................... 5 .................................................................. 2.2 Residential Density Grant Criteria .................................. 6 ............................................................... General Requirements................................................................ 6 ....................................................................... Specific Requirements......................................................................... 3. Construction Challenges Grant .................................... 8 .......................................................................................... 3.1 Eligibility Amounts................................................................................................. 8 ........................................ 3.2 Construction Challenges Grant Criteria....................................................... g ............................................... General Requirements......................................................................... 8 ..................................................... SpecificRequirements.............................................................................. .............8 ........................ 4. The Building Permit Grant............................................................................... 4.1 Eligibility Amounts..................................................................................... 4.2 Grant Criteria.......................................................................................... .... ........... ......9 .... ....... ............................. 5. Application Review, Approval and Disbursement of Grants ............................. ........10 .............................................. ApplicationRequirements..................................................................................................................................10 Review and Payment of Grants..................................................................... ....10 Administration and Evaluation of Applications..................................................................................................11 GrantAgreement............................................................................................................................11 Other...................................................................................................................................................................11 6. Program Monitoring and Review............................................................................................................... .......12 7. Definitions...................................................................................... ............. .........13 ............ Schedule 1— Eligibility Boundary- Central Peninsula / Infill and Vacant Building Projects .........................................16 Schedule 2 — Eligibility Boundary: Upper Floors Redevelopment ....................................... .......17 ................................. Schedule3 —Application Form............................................................................................................................ 18 Schedule 4 — Grant Agreement Template................................................................................................ ...23 ................ 52 POLICY STATEMENT The City of Saint lohn (the "City"] supports the revitalization of the Central Peninsula to achieve the growth targets defined in PianSJ. The purpose of the Urban Development Incentive Policy (the "Policy"( is to establish a financial incentive program to encourage developers and property owners to Invest In strategic areas within the Central Peninsula (Uptown, South End, and waterloo Village), as defined by Schedule 1 in this Policy and the goals and objectives of any future Neighbourhood Plan, by creating residential units through either new construction or the redevelopment of existing buildings. 1. DESCRIPTION OF PROGRAM The purpose of the Urban Development Incentives Program Is to provide financial incentives to assist with development of three types of projects that may not have otherwise occurred: (1) infill, (2) vacant buildings, and (3) upper floors. The foundation of the program and requisite for eligibility is the Residential Density Grant, which seeks to catalyze new residential growth by making use of underutilized property. Stacked on top of this grant, there are two additional grants available to assist with the cost of developing on the Central Peninsula: the Construction Challenges Grant and Building Permit Grant. The Residential Density Grant is to be funded through the Development Incentive Reserve Fund. The Construction Challenges Grant and Building Permit Grant will be funded through an annually approved budget to be accessed by eligible projects on a first -come, first -serve basis until funds are exhausted. The goals of the grants are as follows: • The Residential Density Grant is to increase residential units on the Central Peninsula through strategic types of development. • The Construction Challenges Grant Is intended as a supplementary grant for projects to address costs due to the unique challenges of developing on'the Central Peninsula. • The Building Permit Grant offers a grant to offset the cost of obtaining a Building Permit for Non -market housing projects undertaken on the Central Peninsula. 1.1 DEVELOPMENT INCENTIVE RESERVE FUND (1) A Development Incentive Reserve Fund shall be established to finance the Urban Development Incentives Program and will operate under the following provisions: a) The calculation provided in section 2.1 "Amount Con"uted to the Development Incentive Reserve Fund" from each development project receiving funding through this program will be directed to the Development Incentive Reserve Fund each year to pay for the Residential Density Grant; b) Where a surplus is generated by the Residential Density Grant, the surplus shall be returned to the City's general operating budget. A surplus will be calculated as the amount remaining in the Development Incentive Reserve Fund for a project that will not be required to be paid out; 53 c) Where an approved project will not be completed within the calendar year of application, money owing from the City's general operating budget for the Construction Challenges Grant and Building Permit Grant shall be carried forward into the next year. If a grant agreement is terminated, the grant funding previously committed shall be returned to the City's general operating budget. d) Where the estimated costs for the Construction Challenges Grant are less than specified by an approved grant agreement, any residual grant funding not issued for the project will be returned to the City's general operating budget. e) For any eligible infill project, where more than 50% of the ground Floor Area of an existing building on a property was demolished by the same property owner within two years of an application, the tax revenue of the building prior to demolition shall be deducted from the amount paid to the Development Incentive Fund. f) Payment of grant applications received from January 1, 2016 and September 1, 2018 will be paid out according to executed grant agreements made under the former Urban Development Incentive Polity, approved by Common Council on March 21" 2016, 54 2. THE RESIDENTIAL DENSITY GRANT The Residential Density Grant is the foundation of the incentive program and requisite to obtaining access to the additional grants within this policy. The grant is intended to strategically reduce financial barriers and leverage new private sector investment by offsetting the cost of improvements to properties. Success of the grant program will be evaluated based on the ability to encourage increased residential density, reinvestment in heritage assets and underutilized building stock, core area beautification; and, positive return on municipal investment. 2.2 ELIGIBILITY AMOUNTS Calculation of the Residential Density Grant is based on the formula described below in Table A. The grant is based on the value of the building permit at the time of application. The formula provides an estimate of what the grant is calculated to be but may vary depending on the Amount Contributed to the Development Incentive Fund, as described in the Table B below. (1) Payments will be made over a five15) year term based on the following formula: Grant Base Amount formula= Building permit value x (% of commercial portion of building x 0.025 t % of residential portion of building x 0.015) The Grant Base amount calculated is applied to the table below to determine estimated schedule of payments over the 5 year period. Table —A- Estimated Residential Density Grant ent Schedule Grant Year Percentage of Grant Estimated Payout 1 90% Percentage of Grant x Grant Base Amount (calculated annually) 2 80% 3 60% 4 40% 5 20% (2) The amount paid out cannot be more than the amount contributed to the Development Incentive Fund as calculated below: Table B • Amount contributed to the Developient Incentive Reserve Fund Grant Year Percentage of Grant Actual payout 1 ',:Ift Percentage of Grant x 2 80% Incremental City Taxes 3 60% (calculated annually). 4 40% 5 20% 55 2.2 RESIDENTIAL DENSITY GRANT CRITERIA GENERAL REQUIREMENTS (1) To be eligible for the Residential Density Grant, projects must meet all criteria (1-5) of one of the three project types (infill, upper floors, vacant building) outlined below within the Specific Requirements section below. (2) Projects are subject to the Urban Design Guidelines set out in any future Central Peninsula Neighbourhood Plan. (3) Should a project be submitted respecting a property that is in arrears respecting real property tax payments, such property shall be ineligible for consideration for a Residential Density Grant until such arrears are paid in full. SPECIFIC REQUIREMENTS The Specific Requirements Table provides the specific criteria required based on the type of project undertaken. Objectives of each type of project are as follows: Infill Development: Intended to encourage new construction on vacant lots in the Central Peninsula. These types of projects provide strategically designed grants that help to offset costs and improve the financial return on developing in the Central Peninsula. The City hopes to encourage new development that increases residential density, promotes quality development and adds to the vibrancy of urban neighbourhoods. Upper Floors Redevelopment: Intended to support reinvestment in the commercial core of the Central Peninsula through residential intensification of vacant or undeveloped upper floor spaces. These types of projects provide strategically designed grants to developers that target the financial challenges of converting the upper floor spaces of the historic mixed use building stock of the Central Peninsula. The City hopes to reinvest in the preservation of its historic building stock and to enhance the vibrancy of the Uptown area as it is defined by Schedule 2 of this Policy. Vacant Building Redevelopment: Intended to encourage reinvestment in projects that address instances of urban blight and encourage increased residential density. These types of projects provide strategically designed grants that target buildings that have experienced high levels of vacancy resulting in a cycle of financial loss and the deterioration of the building. The City hopes the redevelopment of these buildings will provide quality housing. 56 criteria / infill Development Upper"Floors Redevelopment vacant Building t6ject Type Redevelopment 1. Eligibility a. Located within the a. Located within the area as a. Located within the area as Boundaries area as shown on shown on Schedule 2. shown on Schedule 1. Schedule 1. 2. Vacant Land b. The project must be a. The project must meet one a. The building has been vacant and Vacant located on a lot that of the following criteria: for more than one (1) calendar Buildings has been vacant for a year. minimum of one (1) 1. The upper floor is currently calendar year.= used for warehousing or storage, or, H. The upper floor is currently - vacant and comprised of Uninhabitable Floor Space. 3. New c. The project must a. The project must create a a. The project must create a Residential create a minimum of 2 minimum of 1 new residential minimum of 1 new residential Units new residential units2. unit. unit. 4. Additional d. Infill Development a. A minimum of 20% of the a. The project must meet one of Requirements projects must be project redeveloped floor the following criteria: located on their own space must be residential, PID(s), except where 1. The building has a residential the development is an property assessment of less addition to an existing than $35,000 per unit, or building. $70,000 for a single unit dwelling. ii. The building's prior use or design was for an Institutional Land Use. Ill. The building has a minimum 20% Uninhabitable floor space. S. Construction NA a. The project has a minimum a. The project has a minimum construction cost of $50,000 construction cost of $50,000 'Subject to the exception that if the building was demolished and redeveloped with multiple PIDs of which a minimum 50%of the PIDs being developed have been vacant for a minimum of 1 calendar year and the PIDs being developed have a minimum lot frontage of 5.5 metres and a minimum lot area of 165 square metres. 2 Subject to the exception that if the building has a height greater than 4 storeys, the building floor area must be comprised of a minimum of 40% residential floor space. 57 I CONSTRUCTION CHALLENGES GRANT The Construction Challenges Grant is intended as an add -on to the Residential Density Grant for projects which incur costs due to key challenges which are above and beyond standard residential construction projects. Applicants may be eligible to receive partial reimbursement of construction cost challenges upon the completion of the project. These challenges must be estimated in advance and evidenced by receipts. Consistent with the project type applied for under the Residential Density Grant, applicants may be eligible for challenges related to infill, upper floors, or vacant building projects. 3.1 ELIGIBILITY AMOUNTS Projects which involve one or more of the construction challenges as outlined in the Specific Requirements Section are eligible for the Residential Construction Challenges Grant. (1) The Residential Construction Challenges Grant will pay 25% of construction challenge costs, to a maximum of $50,000, or 5% of total construction costs, whichever is less. (2) Evidence for construction challenge work shall be provided by the applicant upon the completion of the project and the final grant amount shall be determined at this time. 3.2 CONSTRUCTION CHALLENGES GRANT CRITERIA GENERAL REQUIREMENTS (1) To be eligible for the Construction Challenges Grant, projects must be eligible for a Residential Density Grant (2) The project type selected under the Residential Density Grant shall determine any eligible construction challenges (applicants are limited to no more than one project type). (3) Eligible Challenges are outlined in the Specific Requirements Table section below. SPECIFIC REQUIREMENTS The table below provides guidance on specific challenges eligible as per the type of project. Challenges/ IMill Upper Floors Vacant Building Project Type Development Redevelopment Redevelopment The breaking and removal of rock outcrops as part of site preparation in ✓ excess of $10,000 or 5% of project costs, x x whichever is higher. Remediation of contaminated soils. ✓ x x Extension of sewer services where only ✓ combined sewers exist x x Installation of new or full replacement of sprinkler systems for any floor of the x building. Construction that will bring the building within Secondary Egress standards of the x ✓ Bull ding By-law. Installation of a new elevator x ✓ Construction that will bring building within x ✓ ✓ 58 fire separation standards of the Building B -law.3 Removal of asbestos or lead paint. x Cutting of new windows through brick or Atone. x `� ✓ Structural or foundation repairs In excess of $20,000. x x ✓ Replacement of knob and tube electrical. x x 4. THE BUILDING PERMIT GRANT The Building Permit Grant is intended to provide targeted assistance to Non -Market Housing projects, as defined by this Policy, as a means of incentivizing mixed -income properties on the Central"Peninsula. 4.1 ELIGIBILITY AMOUNTS (1) The Building Permit Grant provides a grant equal to 80% of the cost of the building permit fee for the Project to a maximum of $10,000. 4.2 GRANT CRITERIA (1) The Building Permit Grant is only available for projects eligible for the Residential Density Grant. (2) The Building Permit Grant is only available for Non -Market Housing projects. 3 Eligible methods may include the following: The construction or upgrading'of a service room; the construction of a fire separation greater than 1 hour; the construction of a fire wall, and nbn-Combustible construction. 59 10 5. APPLICATION REVIEW, APPROVAL AND DISBURSEMENT OF GRANTS APPLICATION REQUIREMENTS (1) Applications for the Urban Development Incentive Program shall be made by completing Schedule 3, in compliance with all applicable eligibility criteria. (2) Applications shall be made prior to the project start date. Should a project commence prior to an application being made, the project will be ineligible for a grant under this Policy. (3) Applications shall include a building permit application appended to Schedule 3 — Application Form; however, all other criteria being met, an application may be submitted in advance of a building permit for the purposes of being added to a waiting list for one (1) month, thereby reserving any eligible construction challenges grant and/or building permit grant, after which time the application will be removed from the waiting list. (4) Applications must be submitted the same calendar year as a building permit application and the building permit shall be appended to the application form. (5) Projects shall generally be completed within two years, in accordance with the building permit. Projects submitted in more than one building permit phase may be allotted more time as per the executed Grant Agreement. (6) Legal names of the property owner(s) are required and if an applicant is acting on behalf of the owner, property authorization from the owner of the property, (7) All costs associated with the preparation and submission of an application under this Policy is the responsibility of the applicant The City shall not pay any costs incurred by an applicant in the preparation and submission of an application under this Policy, or any costs incurred in relation to the execution and delivery of a grant agreement. REVIEW AND PAYMENT OF GRANTS (8) Prior to payment of any grants) under this Policy, the City may withhold payment should it be determined that the property taxes and/or water and sewage fees for the property have not been paid in full. (9) Construction Challenges Grants and Building Permit Grants will be received, reviewed, and approved on a first -come, first -serve basis until annual budgets approved by Council for this Policy have been exhausted or the Policy has been discontinued as the case may be. (10) Construction Challenge Cost estimates shall be evidenced by: a) A cost to construct budget approved by a professional architect, engineer, or project accountant; or b) Where an applicant Is completing the approved work themselves and claiming only material costs, 1 set of cost estimates from a building supply store. 11 (11) Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed. (12) The City may request an independent audit of the Construction Challenges Costs at the expense of the applicant. ADMINISTRATION AND EVALUATION OF APPLICATIONS (13)Growth and Community Development Services shall administer the Urban Development Incentive Program with the support of the Urban Development Incentive Review Committee. a) The role of the Development Incentive Review Committee (DIRC) is to confirm eligibility of applications in the context of the Policy criteria contained herein and as demonstrated by Schedule 3 and -any supporting attachments such as plans, elevations, and building permits. b) The DIRC will consist of five technical staff members from one or more of the following City departments: Growth and Community Development Services, Finance and Administration, and Communications. A representative from DevelopS) may also be assigned to the Committee. c) Technical staff members of the DIRC will be determined by the Commissioner of Growth and Community Development and members -of the Committee may be removed or assigned by the Commissioner. GRANT AGREEMENT (14)Applicants who meet the eligibility requirements must enter into a Grant Agreement in the form as attached in Schedule 4 to this Polity in order to receive the grants contemplated by this Policy. The Cty's obligation to pay the grants to an applicant is subject to the terms and conditions outlined in the grant agreement. (15) The Mayor and Clerk of the City are hereby authorized to execute grant agreements with applicants In the form as attached in Schedule 4 to this Polity when it is determined by those administering this Policy that an applicant meets ail of the eligibility requirements of a grant program outlined in this Policy. OTHER (16) For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eligibility. (17) The City may terminate this Policy and close the incentive program to all new applications at any point in time and for any reason. (18) Should an -applicant not be capable of meeting any of the criteria outlined in this Policy, a supplementary report, application, and grant agreement may be submitted to Common Council for consideration. 61 12 6. PROGRAM MONITORING AND REVIEW (1) This Policy is intended to be monitored on an annual basis in the form of review, evaluation, and tracking of key performance indicators. a. Review will be conducted by the Development Incentive Review Committee and comprise an overview of grants issued, value of construction, new tax revenue, future grant commitments, status of the Development Incentive Fund, and housing assessment of the Central Peninsula. If deemed necessary changes are required, a report will be made to Growth Committee and/or Common Council. (Year) $S Paid CMtt / ESL Value of Est. New Annual To be Paid Work Tax Revenue out (Completed on ) TgtaI Grs Vacant Sulfding Grants Upper Floor Grants Will Grants b. Evaluation of the program will inform annual budgeting for the program and any changes to the grants and eligibility criteria contemplated by the program. c. Annual key performance indicators shall be submitted to the Cltys dashboard for tracking program performance and consist of Grants Committed, Leveraged Investment, Number of New Residential Units, and Target of Leveraged Investment. 62 13 7. DEFINITIONS The following definitions apply to this Policy: Basic Facilities: Facilities as required under sections 7 and 9 of By-law Number M-14 A By- Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises. Construction Costs: Construction costs are the total cost of the construction of the building, including site preparation, mechanical and electrical components. Construction costs do D—ol include: a) The cost of any engineering or design work; b) The cost of purchase of a building, land or assembly of land; c) The cost of demolition of existing structures; d) Soft costs such as legal services, financing charges, marketing and any other similar activities; e) Fees for municipal applications, approvals & permits, I Provincial or Municipal Taxes paid during planning, construction, sale or operation of the project, including the payment of arrears to render a project eligible for funding under this Policy; and, g) The cost of constructing accessory buildings or structures. Development Incentive Reserve Fund: This reserve fund will be used to set aside the funding requirements forthe Residential Density Grants based on the" Amount Conmbuterl to the Development Incentive Reserve Fundw formula. First Storey: The first building storey above grade Flankage Facade: The face of a building, with multiple sides fronting onto a street, which does not contain the Main Entrance. Floor Area: The total of all floor areas of a. building or structure above and below grade measured between the exterior faces of the exterior walls of the building at each floor level, but does not include any area designed for parking. Front Facade: The face of the building that fronts on a street and contains the Main Entrance Infill i)evelopntent Projects: New building developments located on Vacant Lots. Institutional land Use: Means the following uses listed and defined within By-law Number C.P.111, The Zoning By-law of the City: • CommunityArena; • Community Centre • Community Policing Office; • Correctional Services; • Crisis Care Facility, • Cultural Establishment; • Day Care Centre; • Emergency Services Facility; • Hospital; • Library • Place of Worship; • Recreation Facility; • Rehabilitation Centre; • School(9-12); • Schooi.(K-g); • Supportive Facility; • Supportive Housing; • Technical or Vocational School; and • University or College. 63 14 Main Building: The building intended to accommodate the main use or uses permitted on a lot. Main Entrance: The primary entrance used for entering and exiting the building which fronts on the street used for the civic address of the building. Market Housing Projects: Means housing projects undertaken that are not receiving financial assistance under the Affordable Rental Housing Program of the Province of New Brunswick. Market housing projects exclude the following uses: A) Rooming houses; B) Special care facilities; Q Group homes; And D) Projects receiving the Province of New Brunswick's Rental Residential Rehabilitation Assistance Program funding. Non -Market Housing Projects: Means housing projects that are receiving financial assistance under the Affordable Rental Housing Program of the Province of New Brunswick. Non -market housing projects exclude the following uses: A) Housing developments where less than 50% of units are subsidized; B) Special care facilities; Q Group homes; D) Rooming houses; E) Office space for a not -for -profit corporation. Project Floor Area: The total Floor Area being redeveloped as part of a development project Project Start Date, Infill Development Projects: For Infill Development Projects, project start date means the date at which the pouring of the footings or foundation has begun. Project Start Date, Upper Floors and Vacant Building Redevelopment Projects: For upper floors and Vacant Building redevelopment projects, project start date means the date at which all interior demolition associated with the proposed redevelopment has been completed and work for which a building permit was required and obtained has commenced. Projects with a construction cost greater than $1,0W,000 may identify project phases for the purpose of determining the Project Start Date. Where phases are identified the Project Start Date means the date which all interior demolition associated with the proposed redevelopment has been completed and work for which a building permit was required and obtained has commenced the first phase of the project. A phase may not be less than 20% of the Project Floor Area. Project Type: Means one of three project types, as defined by the Residential Density Grant: Infill Development, Upper Floors Redevelopment, and Vacant Building Redevelopment. Applications may be eligible for no more than one project type and the project type selected on Schedule 3 shall determine eligible construction challenges for that project type. 64 iR7 Reconstruct: To build or make something again where the structural integrity, functionality or physical appearance has been compromised beyond the extent of regular maintenance of the building. Substantial and Persistent Vacancy: When a building experiences vacancy rates at a level and duration of time that threatens its long term financial viability and physical maintenance. Townhouse: A building containing two or more dwelling units arranged side by side each with an independent exterior entrance and separated vertically by a common wall extending from the foundation to the roof. Uninhabitable Floor Space: Floor space proposed for residential conversion or upgrading that lacks Basic Facilities or is substantially damaged to the extent that new facilities must be installed .or building components must be replaced or reconstructed to meet the following minimum requirements of By-law Number M•14 A By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises: Q Section 7, Cooking Facilities; 11) Section 9, Toilet, Wash and Other Sanitary Facilities; iii) Section 11, Fire Protection Measures; iv) Sectlon 12, Egress; and v) Section 16, Doors and Windows. Vacancy Rate: The sum of all months each residential unit of a building is unoccupied calculated as a percentage of the total number of units multiplied by 12. Vacant Building: A building that is not used or occupied by an owner or tenants of that owner. Vacant Lot: land that does not contain a Maln Building. 65 1s SCHEDULE 1- ELIGIBILITY BOUNDARY: CENTRAL PENINSULA / INFILL AND VACANT BUILDING PROJECTS "wk7n rti• T- :r p Dowdovnow P oopm so 17 SCHEDULE 2 - ELIGIBILITY BOUNDARY: UPPER FLOORS REDEVELOPMENT Em UPW Floors Redo W..M R .W.. Bo u cky 67 18 SCHEDULE 3 - APPLICATION FORM Please note the following before completing this form: Complete all relevant fields unless marked "If Applicable" or your application will not be considered. The following attachments are required to deem the application complete: o Floor Plans and/or Elevation Drawings o Authorization from Property Owner o Construction Challenge Cost estimates (if applicable) o Building Permit Application o Project Schedule Legal names of property owners are required. All costs associated with the preparation and submission of an application is the responsibility of the applicants. Construction Cost Challenges Grants and Building Permit Grants are received, reviewed, and approved on a first -come, rirst-serve basis until annual budgets are exhausted. The City may request an independent audit of the Construction Challenges Costs at the expense of the applicant. The City's acceptance of an application does not guarantee eligibility. Once determined eligible, projects are required to enter Into a grant agreement with the City. For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eligibility. Application Steps 1 mdMpiona st IAWkWM m 1 City Hall Building 10th Hoot -15 Market Square Saintlohn, NS E211E8 OneSto saintahn.ca (506) 658-2912 19 (oust! disponible en fronFois) 1. Grants ❑ Residential Density Grant ❑ Construction challenges Grant ❑ Building Permit Grant 2. Project Type and'Construction Challenges (if applicable) Choose one project type and check any challenges that apply. Estimates are required in the form of a cost to construct budget approved by a professional architect, engineer, or accountant with attached invoices. 3. Applicant/Property Owner information Property owner Name of Registered Property owner Mailing Address (with Postal Code) Nome Telephone Number Work Telephone Number Fax Number E-mail 4 Eligible methods may include the following: The construction or upgrading of a service room; the construction of a fire separation greater than 1 hour; the construction of a fire wall; and non-combustible construction. 99 21 7. Project Description Describe what you propose to construct and detall the history of the property, including if there have been any demolitions. (Attach additional pages if necessary). Are you applying for financial assistance under the Affordable Rental Housing Program of the,Province of New Brunswick? Yes ❑ No ❑ If yes, how many units are eligible? How many units are not eligible? Is your property located within a Heritage Conservation District? Yes ❑ No ❑. S. Project Schedule: Date of Building Permit Submission: Estimated Project Start Date: Estimated Project Completion Date: 9. Authorization NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date Date 'For Office Use Only Reviewed By: Date: Project Number: Eligibility Confirmed: Yes ❑ No ❑ Watt List Number: 70 22 10. Applicant's Checklist Complete Application Form - Submit attachments (Floor Plans, Elevations) - Authorization from Property Owner - Provide estimate of Construction Challenges Cost (if applicable) signed off by Engineer, Accountant or Architect - Submit Copy of Building Permit - Project Schedule Receive Letter confirming Eligibility and Payment Estimates Sign Grant Agreement Project Completed - Submit Occupancy Permit - Submit Construction Challenges Receipts (if applicable) 71 23 SCHEDULE 4— GRANT AGREEMENT TEMPLATE GRANT AGREEMENT [2019]. THIS AGREEMENT made in duplicate this day of ' BY AND BETWEEN: of the and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings;,and WHEREAS the Developer has applied for a the following grants: for a 72 24 development on a property bearing PID (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: 1. The development for which the Grant[s] contemplated in this Agreement shall be paid is outlined in the prescribed -application form, site plan and drawings attached hereto as Schedule "A" (hereinafter the "Project"). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 16th of the year this Agreement is executed, whichever is the later date. 4. Projects that are phased in nature, i.e. will require more than one building permit, must be completed and in receipt of an occupancy permit according to the following schedule: Projects with estimated Construction Costs below plated by November I three years folkrMngthe submission of $2,000,000. n appllcation. Projects with estimated Construction Costsgreater mpleted by November 1 flve years following the submission of an than $2,000,000. pplltation. S. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the 10 of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant (Percentage of Grant x Incremental City Taxes calculated annually) 73 25 9 90% 2 80% 3 60% 4 40% 5 20% 6. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt Of an occupancy permit or a certificate of successful completion pursuant to the City's Building Bj4aw; and, c. availability of sufficient resources in the Development Incentives Reserve Fund, as provided in the City's annual operating °budget and/or replenished per the mechanism set out in the Policy. The City and the Developer acknowledge and agree that the City may choose at Its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. [Residential Construction Challenges Grant] S. [The City shall, pursuant to the terns and conditions identified herein, pay to the Developer a,.Residential Construction Challenges Grant in the amount of [$_ __ _ 1 following the receipt by the Developer of an occupancy permit or certificate of successful completion under the City's Building By-Law.j 74 25 9. [The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. the City completing an inspection which confirms that the relevant Incentive program eligibility criteria have been met; and b. the Developer being In receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law.] 10. [The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to, allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City.] 11.[Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed.] [Building Permit Grant] 12. [The City shall, pursuant to the terms and conditions identified herein, pay to the Developer for Its Non -Market Housing Project a Building Permit Grant in the amount of $ following receipt by the Developer of an occupancy permit or certificate of successful completion pursuant to the City's Building BY -Law.] 13.[The City's obligation to pay the Building Permit Grant is conditional upon: a. the City completing a final inspection confirming that the relevant program eligibility criteria have been met; and 75 27 b. the Developer being in receipt of an occupancy permit or a certificate Of successful completion pursuant to the City's Building By-law.] 14. [The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development incentives Reserve Fund,by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that It shall have no legal recourse against the City.jtax 15. Prior to the payment of any grant[s] contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. Termination 16.The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, c. Common Council, by resolution, rescinds the Policy. 17. This Agreement may not be assigned without the written consent of the City. 18.This Agreement shall be governed by the laws of the Province of New Brunswick. 76 28 19.No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 20. Each party shall be responsible for paying its own costs and expenses incurred in oonnection with the execution and delivery of this Agreement. 21.This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. 77 29 IN WITNESS WHEREOF the parties hereto have caused these presence to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: Per: Name: Title: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 78 SCHEDULE C (Affidavit of Corporate Execution) 79 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Joseph Kevin McDonald of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: - I. THAT I am the President of Steepleview Developments Inc., the Developer named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of Steepleview Developments Inc., is the corporate seal of the said Steepleview Developments Inc., the Developer named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Joseph Kevin McDonald" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of January 2022. SWORN TO before me at the the City of Saint John in the Province of New Bmnswick this day of January 2022, Commissioner of Oaths Being a Solicitor 0 27/04/2022 Re: Development Incentive Grant — Letter of Conditional Approval Joseph Kevin Macdonald 16 Roatan Way Saint John, NB E2J OB8 Via email: kevinmcd99(a,2mail.com Dear Mr. Macdonald Please note that we have received your application and are pleased to advise you that your project is eligible for a Residential Density Grant, Construction Challenges Grant, and Building Permit Grant administered through the Urban Development Incentive Grant Program, for 35 Cliff Street. Estimated Grant Payment Based on your application, estimates for these grants have been provided below. Estimated Residential Density Grant Payment Schedule Grant Year Percentage of Grant Estimated Payout 1 90% $183,600.00 2 80% $163,200.00 3 60% $122,400.00 4 40% $81,600.00 5 20% $40,800.00 Note: Estimated payout for the Residential Density Grant cannot exceed the actual payout, which is calculated annually based on the percentage of grant multiplied by the incremental city taxes received for the property. Incremental city taxes means any additional property tax received one year following completion of the project. Estimated Construction Challenges and Building Permit Grant Grant Year Percentage of Grant Payout Upon Project Completion 100% $60,000 E:1iI Total Estimated Grant Amount: $ 651,600.00 Grant Agreement We have sent you a hardcopy of the executed grant agreement. Please keep this for your records. Your project must be completed as outlined in your application, and meet all conditions outlined in the Grant Agreement and the requirements of the Development Incentive Policy. Project Completion At the completion of your project and issuance of Occupancy Permit, you must provide evidence of all Construction Challenges by filling out the attached Grant Summary Form, providing: An itemized summary of the invoices / receipts with amounts incurred for the work outlined in your application; Legible photocopies of all invoices / receipts included in the itemized summary on the form, with proof of payment, should be attached to the form; Photographs of the completed work. Upon successful review of your Grant Summary Form, the City will release a grant cheque payment within 60 days of your submission for the Construction Challenges and Building Permit Grant grant. Payment of the Residential Density Grant shall begin in July one year following the completion and re -assessment of your proj ect (No receipts are required for any work not related to construction challenges). If you require a hardcopy of this letter and the summary form, please let us know and send your mailing address. We are looking forward to seeing the positive results of your project! If you have any questions or concerns, feel free to contact me at 506-658-4447. Sincerely, Andrew Reid Planer, MCIP RPP Growth and Community Services PO Box 1971 Saint John, NB T Job E21, 4L1 EN 82 _fir17j ,Fj 1 COUNCIL REPORT M&C No. 2023-62 Report Date February 28, 2023 Meeting Date March 06, 2023 Service Area Public Safety Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Name change in license agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Peter W. Ehler Kevin Clifford Brent McGovern RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached "Agreement Change Order" to amend the License Agreement between the City of Saint John, Irving Oil Refining G.P. and Irving Oil Operations G.P. EXECUTIVE SUMMARY The City of Saint John entered into a license agreement with Irving Oil Refining G.P. and Irving Oil Operations G.P. on January 1, 2014, which governs the relationship between the two entities as it pertains to the shared training facility located at 688 Grandview Avenue, Saint John, N.B. This agreement has been a productive and cost saving public -private partnership. The existing terms and conditions of the agreement are not amended by the agreement change order other than reassigning the rights and obligations from Irving Oil Refining G.P. and Irving Oil Operations G.P. to Irving Oil Limited. This change was necessitated by the dissolution of Irving Oil Operations G.P and Irving Oil Refining G.P. with transfer of all their interests to IOL. PREVIOUS RESOLUTION Common Council authorized the original agreement to which this change pertains. E:ic3 -2- STRATEGIC ALIGNMENT Grow: Providing professional, specialized training opportunities in Saint John is supportive of business growth in Saint John Green: The facility is a clean burning gas facility reducing live fire environmental impacts Perform: Increases customer service by improving and maintaining emergency response skills sets. Facility is a successful, capital reducing, cost-effective public/private partnership. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Agreement Change Order has been reviewed by the General Counsel Office. ATTACHMENTS i) Original License Agreement ii) Agreement Change Order E:il SUPPLIER: IRVING ENTITY: AGREEMENT TITLE: AGREEMENT REF NO.: ORIGINAL AGREEMENT DATE: IRVING AGREEMENT CHANGE ORDER City of Saint John Irving Oil Refining G.P. License Agreement 05/26/2014 CHANGE ORDER NO: CHANGE ORDER DATE 01 10/20/2022 This Change Order amends the License Agreement and shall be incorporated into and be a part of the License Agreement. CO 1.0 REASON FOR CHANGE: Consent of assignment to the License Agreement, Assignment 10.2 Impacted Areas ® Terms & Conditions ❑ Rates ❑ Scope ❑ Budget ❑ Schedule CO 2.0 DESCRIPTION OF CHANGE: The undersigned hereby consents to: (1) all rights, obligations and interests of Irving Oil Refining G.P. in the License Agreement between Irving Oil Refining G.P. and City of Saint John dated May 26, 2014 being transferred to Irving Oil Limited by way of assignments effective January 1, 2023. (2) The assumption by Irving Oil Limited of all rights, obligations and interests of Irving Oil Operations G.P. in the License Agreement, such assumption of all rights, obligations and interests by Irving Oil Limited having occurred on January 1, 2022. CO 3.0 GENERAL CO 3.1 Except as otherwise expressly provided in this Change Order, the License Agreement shall remain in full force and effect in accordance with the terms and provisions thereof and is hereby ratified and confirmed by the parties hereto. CO 3.2 Capitalized terms not otherwise defined in this Change Order will have the meanings ascribed to them in the License Agreement. Headings are for the convenience of the parties only and are not to be considered when interpreting this Change Order. CO 3.3 This Change Order may be executed in counterparts, each of which shall be deemed to constitute an original and together shall constitute one and the same instrument. Signatures delivered by facsimile or by electronic document transmission (.pdf) are deemed for all purposes to be original counterparts of this Change Order. E:16'7 [Signature Page to Follow] C�laMQ21:Z6]aI.I=ii6]V901 MWAVAI 011 OFFICER OF THE CORPORATION OFFICER OF THE PARTNERSHIP OFFICER OF THE PARTNERSHIP CITY OF SAINT JOHN E:11.1 LICENSE AGREEMENT THIS AGREEMENT made as of the 15Y day of January, 2014. BY AND BETWEEN: IRVING OIL REFINING G.P., a general partnership under the laws of the Province of New Brunswick whose partners are Irving Oil Operations General Partner Limited, a body corporate under the laws of the Province of New Brunswick, and Irving Oil Operations G.P., a general partnership under the laws of the Province of New Brunswick, whose partners are Irving Oil Limited and Highlands Operations Limited, each bodies corporate under the laws of the Province of New Brunswick (hereinafter "IOR") OF THE FIRST PART -and- THE CITY OF SAINT JOHN, in the County of Saint John and the Province of New Brunswick, a body corporate by Royal Charter, confirmed and amended by acts of the Legislative Assembly of the Province of New Brunswick (hereinafter the "City") OF THE SECOND PART WHEREAS iOR is the registered owner of the Property (as defined herein); and WHEREAS the City has purchased the Training Structure (as defined herein) which will be used as a fire training tool; and WHEREAS the City has determined that the Property is an adequate site for the Training Structure because of the Property's location, size and configuration; and WHEREAS IOR may from time to time require fire emergency management and emergency response training services from the City; and 11Page E-1yl WHEREAS IOR and the City want to collaborate in the placement and subsequent use of the Training Facility (as defined herein) on the Property; NOW THEREFORE, for and in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE 1- DEFINITIONS 1.1 Definitions For the purpose of this Agreement, the following terms have the following meanings, unless otherwise expressly provided: a. "Agreement" means this License Agreement. b. "Assessment" means an inspection of the Training Facility conducted jointly by the IOR fire chief and the City's Division Chief of Training for the Fire Department both before and after the use by IOR or by the City of the Training Structure. c. "Crandall Drawing" means the engineering drawing prepared by Crandall Engineering Ltd. and which is attached hereto as Schedule C. d. "Effective Date" has the meaning set forth in Section 3.1. e. "Fire Chief" means the head of the Fire Department of the City. f. "Industrial Structure" means the industrial portion of the Training Structure as shown on the engineering drawings prepared by Fire Training Structures LLC attached hereto as Schedule B. g. "Licensed Premises" means that portion of the Property highlighted in yellow on the sketch attached as Schedule A-1. 21 r.1e,- E:f:3 h. "Municipal Structure" means the municipal portion of the Training Structure as shown on the engineering drawings prepared by Fire Training Structures LLC attached hereto as Schedule B. i. "Parties" means, collectively, IOR and the City (as represented by its Fire Department) and "Party" means IOR or the City. j. "Person" means any individual, corporation, company, partnership (whether general or limited), partner, joint venture, syndicate, association, firm, estate, trust or other entity. k. "Property" means that Land Titles parcel of land bearing Service New Brunswick Property Identification Number 55184840 located at civic address 690 Grandview Ave which is depicted on the Service New Brunswick map attached hereto as Schedule A. I. "Term" has the meaning set forth in Section 3.1. m. "Training Building" has the meaning set forth in Section 4.3. n. "Training Facility" means the combination of the Training Structure, the Training Grounds and the Training Building. o. "Training Grounds" means that area of the Licensed Premises excluding the footprint of the Training Building and the Training Structure. p. "Training Structure" means the combination of the Municipal Structure and the Industrial Structure. q. "Utility Costs" means cost to supply potable water and sewer services to the Training Facility. E-lue ARTICLE 2 —LICENSE 2.1 License a. The Parties hereto agree that this Agreement is to be and constitutes a License for the use of the Licensed Premises as set out herein. This Agreement is not a lease and IOR and the City are not, and shall not be deemed to be, landlord and tenant. b. By this License, IOR hereby grants, subject to the terms and conditions of this Agreement, permission and license to the City, its employees, workers, contractors, and agents, invitees and customers to enter onto and upon and exit the Property on foot and with vehicles, equipment and machinery for the following purposes: i) To access the Licensed Premises; ii) To place on the Licensed Premises and use the Training Structure generally in the location as depicted on the Crandall Drawing; iii) To operate on the Licensed Premises a fire training facility and the training division of the City's Fire Department in accordance with the terms and conditions set out herein. 2.2 License Conditions a. Subject to the rights of IOR provided for herein, the City shall have unrestricted access to the Licensed Premises and enjoy unrestricted use of the Training Facility during the initial Term of this Agreement and during any renewal Term. b. The City covenants and agrees that its use of the Training Facility will be limited to Emergency Management and Emergency Response training and the operation of the training division of the City's Fire Department. c. IOR may use the Industrial Structure in accordance with paragraphs d. and e. hereof, free of charge on the express condition that IOR shall promptly repair and pay for any and all damages caused to the Training Structure as a result of IOR's use, as determined by the Assessment. For clarity, damages to the Training Structure for the purpose of this section 2.2 c. shall exclude normal wear and tear. d. IOR may have access to and use of the Industrial Structure Monday to Friday, every week during the Term, provided it obtains prior permission to do so from the City, and 4 1 P a g e 0191 provided that doing so does not interfere with the City's use and/or operation of the Municipal Structure. e. IOR shall have unrestricted access to and use of the Industrial Structure on weekends and holidays. The weekend and holiday use of the Industrial Structure by IOR shall not prevent the City's use of the balance of the Training Facility, including the use of the Training Building, provided it is safe to do so, as determined by the Fire Chief or his designate. f. It is understood and agreed that, whenever IOR is training on the Industrial Structure, City personnel may participate in the IOR training exercises at no cost to the City. ARTICLE 3 —TERM OF THE LICENSE AGREEMENT 3.1 Term a. This Agreement shall be for a period of twenty (20) years, commencing January 15t, 2014 (the "Effective Date") and ending December 315t, 2033, unless terminated as hereinafter provided. b. Provided that neither Party is in default and provided that this License Agreement has not been terminated pursuant to the termination provisions herein, either Party may, upon giving the other Party 60 days written notice before the expiry of the then current Term (whether initial or a renewal Term), extend this Agreement for 4 individual periods of 5 years each, upon the same terms and conditions as herein contained with the provision that the fourth (0) renewal Term shall not have any renewal option. 021 ARTICLE 4 — IOR OBLIGATIONS 4.1 Ground and Site Preparation Prior to the Training Structure being placed on the Licensed Premises, IOR shall: a. At its sole cost, design, construct and connect a 6 inch water transmission lateral and a hydrant on the Training Grounds, from Grandview Avenue, in accordance with the Crandall Drawing. b. At its sole cost, design, grade and compact land and place compact gravel around the proposed Training Structure to accommodate heavy vehicles, as generally illustrated on the Crandall Drawing. c. At its sole cost, undertake test -pit / soil analysis and share the results with the City. d. At its sole cost, place all footings for the Training Structure in accordance with engineering drawings which will have been provided by the City. e. At its sole cost, design and extend a buried single phase power line from the nearest practical utility pole to the Training Facility, in accordance with the Crandall Drawing. f. At its sole cost, place a propane fuel tank, an electric vaporizer of appropriate size, and a buried 3 inch propane transmission line(s) to the south side of the Training Structure, in accordance with the Crandall Drawing. g. At is sole cost and to the satisfaction of the Chief City Engineer and the City's Development Officer, acting reasonably, design and construct site drainage controls, landscaping and site security. 4.2 Offloading and Erection Under the supervision of a representative of Fire Training Structures LLC, the fabricator of the Training Structure, IOR shall, at its sole cost, offload and erect the Training Structure to the satisfaction of the Fire Chief, acting reasonably. 6f a; N.." My 4.3 Training Building a. For the exclusive use of the City during the Term, IOR shall, at its sole cost, purchase, place, maintain and service a 60' X 36' +/- mobile training classroom/office building (the "Training Buildina') on the Licensed Premises on or before July 15, 2014. b. At its sole cost, IOR shall connect to the Training Building, pay for and maintain the services of potable water and sewerage during the Term (whether initial or any renewal Term). c. During the first ten (10) years of the Term, and at its sole cost, IOR shall maintain the Training Building, which maintenance shall include exterior work, to ensure the appropriate cleanliness and curb appeal to IOR standards. d. During the Term (whether initial or any renewal Term), IOR may use the classroom within the Training Building for exercise planning and debriefing on weekends and holidays only, provided it is not already occupied and used by the City during such times, as determined by the Fire Chief or his designate, in consultation with IOR's fire chief. e. At the beginning of year it of the Term and no later than January 30, 2024, IOR shall deliver to the City a Bill of Sale for the Training Building in consideration of the sum of one dollar ($1.00) of lawful money of Canada. 4.4 Property Taxes During the Term (whether initial or any renewal Term)JOR shall pay all property taxes levied against the Property, including any increase in the property taxes associated with the erection of the Training Structure and/or Training Building on the Licensed Premises. 4.5 Utility Costs During the Term (whether initial or any renewal Term), IOR shall pay for the Utility Costs associated with the Training Facility. 0191 4.6 Burn Props a. !OR may, at its sole cost and for its own training purposes, place or integrate burn props, props or fixtures onto the Industrial Structure, provided that the cost of purchasing, placing, integrating, maintaining and removing the said burn props, props, or fixtures is borne exclusively by IOR. b. IOR shall, at its sole cost, promptly repair and pay for any damages to the Training Structure resulting from IOR's use of the burn props, props or fixtures referred to in paragraph a. hereof as determined by the Assessment. c. The City may, at its sole cost and for its own training purposes, place or integrate burn props, props or fixtures onto or under the Municipal Structure and, subject to IOR's consent (such consent not to be unreasonably withheld, conditioned or delayed) onto or on the Industrial Structure, provided that the cost of purchasing, placing, integrating, maintaining and removing the said burn props, props, or fixtures is borne exclusively by the City. d. The City shall, at its own cost, repair and pay for any damages to the Industrial Structure resulting from the City's use of burn props, props or fixtures referred to in paragraph c. hereof as determined by the Assessment. 4.7 Additional Structures IOR may, with the City's consent, which consent shall not be unreasonably withheld or delayed, have additional training structures and props installed on the Training Grounds to enhance its training capacity, provided that the placement and use of said additional structures and props shall not negatively impact the City's use and operation of the Training Facility and the City's operation of the training division of the City's Fire Department. 4.8 Third Party Training It is understood and agreed by and between the Parties that the City may offer and provide Emergency Management and Emergency Response training on a "for profit basis" to Persons other than IOR in and on the Training Facility, provided such training does not negatively interfere with IOR's unrestricted use of the Industrial Structure on weekends and holidays. 8 1 P a g e 4.9 Concrete Pavement on Licensed Premises IOR may, with the City's consent and at its sole cost, design and place concrete or asphalt on a portion or on the entirety of the Training Grounds. If and when IOR exercises this discretion, the cost related to the concrete or pavement directly associated with the City's sole use shall be paid by the City through additional free yearly training, the value of which training shall equate the cost of the concrete or ashpalt for the City's use, as determined by the Fire Chief, in his discretion, exercised reasonably, in consultation with IOR. The value of the additional free yearly training contemplated in this section 4.9 shall be added to the yearly free training value set out at section 7 hereof, and shall be set out in an amending agreement signed by IOR and the City. 4.10 Additional Site Drainage Control Work In the event that, in IOR's opinion in consultation with the City, additional site drainage control work is required to mitigate the impact of water run-off occurring during the use by the City and by IOR of the Training Facility or arising from the placing of concrete on a portion of the Training Grounds, the Parties covenant and agree to share the cost of the work as follows: a. The cost sharing will be calculated pro rata based on whose training requirements or concreted area on the Training Grounds contributed to the need for additional site drainage controls. b. The City's portion of the cost will be paid by providing to IOR free Emergency Management and Emergency Response training of a market value, to be determined by the Fire Chief, equal to the City's share of the said cost. c. The value of the additional free yearly training contemplated in this section 4.10 shall be added to the yearly free training value set out at section 7 hereof, and shall be set out in an amending agreement signed by IOR and the City. 4.11 Assessment An Assessment shall be conducted each and every time IOR uses the Industrial Structure for training purposes. 91P-ie.0 0V 4.12 Standard of Care The Parties hereby covenant and agree to provide and perform services to each other honestly and in good faith and in accordance with prudent commercial practices customary in the industry. ARTICLE 5 — CITY OBLIGATIONS 5.1 Training Structure a. The City shall, at its sole cost, purchase, manage, and operate the Training Structure as generally illustrated in the Fire Training Structure LLC drawings dated July 4, 2013 and October 3, 2013 attached hereto as Schedule B and on the Crandall Drawing. b. The City shall cause the Training Structure to be painted the same or a similar colour as the one used on IOR's new emergency services building located on the Property. 5.2 Training Structure Representative The City shall, at its sole cost, arrange and pay for a representative of Fire Training Structures LLC, the fabricator of the Training Structure, to supervise the off-loading, assembly and erection of the Training Structure. 5.3 Training The City shall, at its sole cost, during the Term, develop, sustain and deliver a high level of competency certified and accredited training curriculum that meets applicable National Fire Protection Association (NFPA) standard(s) and make same available to [OR. 5.4 Certifications and Accreditations During the Term, the City shall, at its sole cost, obtain and maintain the applicable training certifications and accreditations, either in house or through a third party (i.e. Nova Scotia Firefighters School). 5.5 Electricity Costs AIP')E-, During the Term, the City shall pay all electricity costs associated with the Training Structure and the Training Building. 5.6 Addition of New Pro s The City may, with IOR's consent, which consent shall not be unreasonably withheld or delayed, have additional training structures and props installed on the Training Grounds to enhance its training capacity, provided that the placement and use of said additional structures and props shall not negatively impact 101's unrestricted use of the industrial Structure on weekends and holidays as provided herein. 5.7 Parking for third Party Training The City hereby covenants and agrees that, unless IOR specifically permits otherwise, all vehicles of Persons, other than IOR, taking training from the City at the Training Facility, will be parked on the Licensed Premises. 5.8 Controlled Access a. Except as it relates to personnel employed by [OR, or an affiliate of IOR, or any of the agents, contractors or invitees of IOR, the City shall control access to the Training Facility and be responsible for the actions of Persons on or accessing the Training Facility. b. The City shall develop and put in place a policy governing the use of the Training Facility by Persons other than IOR and its affiliates, or any of its employees, agents, contractors or invitees. This policy shall be subject to the approval of IOR, which approval shall not be unreasonably withheld or delayed. 5.9 Assessment An Assessment shall be conducted each time the City uses the Training Structure for training purposes. 5.10 Liens The City shall not in any way encumber, mortgage or allow any liens to arise or be filed against or attach to the Property. MA 5.11 Environmental Issues The City covenants and agrees that if it, or any of its customers (other than IOR or its affiliates, or their employees, agents, contractors and invitees) causes any spills, releases or environmental issues on the Property, it shall, at its sole cost, cause same to be remedied pursuant to applicable legislation. 5.12 Industrial Structure Upon expiry of the Term, the City shall deliver to IOL a Bill of Sale for the Industrial Structure in consideration of the sum of one dollar ($1.00) of lawful money of Canada. ARTICLE 6—TERMINATION AND EXPIRY 6.1 Termination a. Notwithstanding Section 3.1, during the Term (whether the initial or any renewal Term), a Party may terminate this License Agreement by providing 24 months prior written notice to the other Party. b. Any financial, training or other obligations of the City to IOR arising from this or any related agreement, extinguish with the termination of this Agreement by IOR pursuant to this section 6.1. In the event the City terminates this Agreement pursuant to this Section 6.1, the City shall remain obligated to IOR in respect of any unused or unamortized value of free training, the value of which shall be either paid to IOR or provided to IOR by way of free training services in accordance with the principles of this Agreement. c. Any obligation of IOR to the City arising from this or any related agreement, extinguish with the termination of this Agreement pursuant to this section 6.1. 6.2 Termination for Material Breach A Party may terminate this License Agreement upon not less than 15 days' prior written notice to the other Party in the event of a breach by such Party of any of its material obligations, but without prejudice to the rights of the Parties accrued with respect to this Agreement prior to such notice of termination; provided however that, if the defaulting Party cures the breach of which it has been so notified within the said 15 day period, or, if the breach 12IPage is one that cannot be cured within 15 days, the defaulting Party commences to cure such breach and diligent pursues the curing of such breach, this Agreement will not terminate but will continue in full force and effect. 6.3 Obiieations Upon Expiry The City, at its sole cost and expense, shall have 24 months from the expiry of the Term (whether initial or any renewal Term) or upon termination, to remove the Municipal Structure, the Training Building and related appurtenances from the Licensed Premises and to relocate the training division of the City's Fire Department (provided, however, the City shall have no right to remove the Training Building before it has title to the Training Building pursuant to Section 4.3(e) of this Agreement). The City shall not be responsible to pay any of the cost related to the removal of footings, buried services and unique site improvements associated with the Training Facility. ARTICLE 7 — CONSIDERATION FOR THE LICENSE 7.1 Consideration a. As consideration for the within license granted by IOR to the City, the City shall provide to IOR free Emergency Management and Emergency Response Training yearly, for the first 10 years of the Term, of a value of $73,691.33, subject to adjustment in accordance with paragraphs b. and c. hereof, at the rates outlined in Schedule D. b. The rates outlined in Schedule D reflect current market rates, which shall be adjusted annually at the Fire Chiefs discretion, acting reasonably, to reflect changes in market value, provided, however, the rates to be used for the purposes of this Agreement shall be less than the rates the City charges to any third party customer receiving Emergency Management and Emergency Response Training from the City. c. The value set forth in paragraph a. and the number of years for which such free training will be provided may be adjusted in accordance with Sections 4.9 and 4.10 hereof. d. Subject to paragraph c above, each year during the first 10 years of the Term, the value of the Emergency Management and Emergency Response training provided to IOR by the City which exceeds the yearly free training value stated at paragraph a. 061 hereof shall be paid by IOR to the City at the rates set out in Schedule D (as adjusted). e. Subject always to paragraph c. above, if, during any given year of the first 10 years of the Term, IOR does not use the full value of free training set out at paragraph a. hereof, IOR shall benefit from a training credit from the City for the unused portion of the said free training value, which credit may be carried forward for the first 10 years of the Term. f. Subject to paragraph c. above, starting at year 11 of the Term and for every year of the Term and any renewal Term thereafter, IOR shall pay to the City the rates in accordance with Schedule D (as adjusted), for any and all Emergency Management and Emergency Response training the City may provide to IOR. 8. INSURANCE AND LIABILITY 8.1 Liability Insurance a. The City shall obtain and maintain throughout the Term (whether initial or any renewal Term) of this License Agreement third party liability insurance in an amount of not less than Ten Million ($10,000,000.00) Dollars. b. Such insurance must name IOR as additional named insured as its respective rights and interests may appear and must include a severability of interests' clause and a full waiver of subrogation in favour of those parties named as additional named insured. c. The City shall not do or permit to be done any act by which any policy of insurance might be suspended, reduced, impaired or cancelled. If the City is or becomes unable, at any time during the Term, to obtain any type of insurance specifically required under this Section 8.1 as a consequence of the non -availability of same in the insurance market or otherwise, The City shall forthwith advise IOR and proceed to obtain such insurance as might then be available that is similar in coverage and effect to the non -available insurance and any other type of insurance that would at such time be reasonably obtained by a prudent person or organization engaged in the operation of a fire training facility. The insurance at the time it is required to be maintained or affected must be in full force and effect and no event or circumstance must have occurred and there must be no omission to disclose a fact that would in iitell] either case entitle an insurer to avoid or otherwise reduce its liability under any of the policies of insurance required pursuant to this Section 8.1. d. IOL shall obtain and maintain in force throughout the Term (whether initial or any renewal Term) of this License Agreement third party liability insurance in an amount of not less than Ten Million ($10,000,000.00) Dollars. e. Such insurance must name the City as additional named insured as its respective rights and interests may appear and must include a severability of interests' clause and a full waiver of subrogation in favour of those parties named as additional named insured. f. IOR shall not do or permit to be done any act by which any policy of insurance might be suspended, reduced, impaired or cancelled. If IOL is or becomes unable, at any time during the Term, to obtain any type of insurance specifically required under this Section 8.1 as a consequence of the non -availability of same in the insurance market or otherwise, IOR shall forthwith advise the City and proceed to obtain such insurance as might then be available that is similar in coverage and effect to the non -available insurance and any other type of insurance that would at such time be reasonably obtained by a prudent person or organization engaged in the operation of a fire training facility. The insurance at the time it is required to be maintained or affected must be in full force and effect and no event or circumstance must have occurred and there must be no omission to disclose a fact that would in either case entitle an insurer to avoid or otherwise reduce its liability under any of the policies of insurance required pursuant to this Section 8.1. 8.2 Indemnity and Release a. IOR shall indemnify and save harmless the City, and the employees, servants, agents, licensees and invitees (collectively, "Representatives") of the City, from and against all actions, causes of actions, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City, or injury, including injury resulting in death, to persons, including the City's Representatives, caused by, resulting from or attributable to the negligent act or omission of IOR or any of their employees, servants, or agents in the performance of this Agreement. b. The City shall indemnify and save harmless IOR and its affiliates and their Representatives from and against all actions, causes of action, proceedings, claims and demands brought against [OR and its affiliates, and from and against all losses, 151Page iito]I costs, damages or expenses suffered or incurred by IOR, by reason of any damage to property, including property of IOR and its affiliates, or injury, including injury resulting in death, to persons, including the Representatives of IOR and its Affiliates, caused by, resulting from or attributable to the negligent act or omission of the City or any of its employees, servants, or agents in the performance of this Agreement. c. Each of IOR and the City, for itself and its successors and assigns, (the "Releasor", as the case may be) and to the fullest extent permitted by law, hereby releases and forever discharges the other, its employees, officers, agents, successors and assigns, (the "Releasee", as the case may be) from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, which are or may be in any way related to or connected or associated with the Training Facility, except as provided in Section 8.2.a. or 8.2.b. above. Notwithstanding anything to the contrary contained in this Agreement, the City and IOR shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. ARTICLE 9 — DISPUTE RESOLUTION 9.1 Mediation a. Despite anything contained in this Agreement to the contrary, in the event that a dispute or difference arises with respect to this Agreement that cannot be resolved by negotiation between the parties and the parties agree that they do not wish to terminate this Agreement, then in such event the parties agree to use the services of a single, experienced, qualified mediator to attempt to resolve their dispute or difference and, failing agreement on the procedure to be followed, the mediation shall be conducted in accordance with the National Mediation Rules of the ADR Institute of Canada Inc. b. In the event that mediation does not result in a resolution of the dispute or difference and the parties agree that they do not wish to terminate this Agreement, then in such event any unresolved issue may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. c. The cost of mediation and/or other dispute resolution process shall be borne equally between the parties, except that each party shall bear the cost of their own counsel and witnesses, and one-half the cost of the mediator or arbitrator. 161PIc= iiloy� ARTICLE 10 W GENERAL TERMS AND CONDITIONS 10.1 Binding Effect This Agreement is binding upon and enures to the benefit of the Parties and their respective successors and permitted assigns. 10.2 Assignment Neither Party may assign or transfer this Agreement, either in whole or in part, without first obtaining the written consent of the other Party, which consent may be withheld in the sole discretion of such other Party; provided, however, a Party may not unreasonably withhold its consent to a proposed assignment or transfer by one other Party to an affiliate of such other Party. 10.3 Relocation a. IOR may, at its sole cost and expense, relocate the Training Facility and related appurtenances within the Property, or to another property, with the consent of the City, such consent not to be unreasonably withheld or delayed. b. The City may withhold consent if the location, size and configuration of a property where IOR proposes to relocate the Training Facility is not suitable to the City, in the Fire Chief's sole discretion, acting reasonably. 10.4 Waiver Failure by a Party to give notice of any breach or default under this Agreement, or any failure to insist upon the strict performance of any of the terms of this Agreement, does not constitute waiver of any such breach or default or of any of the terms hereof. No breach or default is waived and no duty to perform is altered or modified except by a written instrument. One or more waivers or failures to give notice of breach or default are not to be considered a waiver of a subsequent or continuing breach of the same covenant or agreement. 10.5 Notices All notices, offers, acceptances, approvals, consents, waivers, requests, demands and other communications hereunder or under any certificate or other instrument delivered in connection with the herein license (collectively, "notices") must be in writing, addressed as provided below and delivered in person or sent by facsimile or a recognized overnight delivery service. All notices are deemed to be properly given or made upon the earliest to occur of (i) actual delivery, (ii) two (2) days after being sent by overnight delivery service or (iii) one (1) day 17I--Age iiNQ after being sent by facsimile (followed promptly by the sending of the original of such notice by overnight delivery service as aforesaid). For the purpose of notice, the addresses and facsimile numbers of the Parties are as set forth below: In the event of notice to IOR: Irving Oil Refining G.P. 340 Loch Lomond Road Saint John, N.B. E2L 4H6 Attention: EHS Director Fax: 506.202.4002 Email: alison.brown@irvingoil.com In the event of notice to The City of Saint John: City of Saint John 15 Market Square Saint John, NB E21- 1E8 Attention: Fire Chief Fax: 506.658.2916 Email: kevin.clifford@saintjohn.ca and to: City of Saint John 15 Market Square Saint John, NB E21- 1E8 Attention: The Common Clerk Fax: 506.674.4214 10.6 Governing Law All disputes arising out of, or relating to the performance, interpretation, breach, termination or invalidity of this Agreement are to be governed by and interpreted in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein (without reference to its conflicts of law principles). 10.7 Entire Agreement This Agreement is the complete and final agreement of the Parties with respect to the subject matter hereof and supersedes any prior agreements or undertakings, whether written or oral, with respect to such subject matter. ISIPage li[9LI 10.8 Headings The division of this Agreement into articles, sections and paragraphs and the use of headings are for the convenience of reference only and do not affect the interpretation or construction of this Agreement. 10.9 Amendments The provisions of this Agreement may not be amended, modified or waived except by a written instrument executed by the Parties. 10.10 Severabilitv Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction does not invalidate the remaining provisions hereof. 10.11 Miscellaneous 19 J V . 1 a. During the preparation of its annual training calendar (or at whatever interval the training calendar is developed), the City will confer with IOR to ascertain IOR's upcoming training needs, giving IOR first option to block dates for the use of the Industrial Structure portion of the Training Structure and first option to book seats in any courses offered by the City, to be delivered at the Training Facility. b. The Municipal Structure shall be deemed a chattel of the City. fiWO IN WITNESS WHEREOF the Parties have caused this License Agreement to be executed as of the date first mentioned. IRVING OIL REFINING G.P. By its partners: Irving Oil Operations General Partner Limited per Name (Print):.4-r+ Fiennhnk� Title: rt : - Date: Yktia- per Name (print): --� A Title: �✓ Date: _ aw- , 1-U 2& Irving Oil Operations G. P. By its partners: Irving Oil Limited: per II Name (Print): Title: P(C Date: 24 It 201Page THE CITY OF SAINT JOHN a01� 119Z-1 pe Name Print): tea W&tS Title: :2-eA5uec-e- Date: 1 Highlands Operations Limited per l . Name (Print): 1 c,�V 4 Title: 3)('s, v-v�+ Date: III". Ga ? ?A q' 5 fiIIYA Attachments: Schedule A — SNB map of the Property Schedule A-1— licensed Premises Schedule e — Fire Training Structure LLC Drawings for the Training Structure Schedule C — Crandall Drawing of the Training Ground Schedule D—Training Programs and Current Market Rates 22IF ar; N A Map Scale 1 I`chelle cartographlque 1 : 3335 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. MOme si cette carte nest peut-litre pas libre de toute erreur ou omission, toutes les pr6cautions ont M6 prises pour en assurer la meilteure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract6re officiMt ne doit donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. SCHEDULE B Fire Training Structure LLC Drawings for the Training Structure 211Page 111 I Jill '113 A I II 41 A -- pp - �� a1xC �� YY di .1111L1 U11 �� �� III111111111111 U141 Ill llrlllll1111 O1. d o_ 111111 tl++l-i+i {�FI4-1W4 �- 1 4D�111 — {5Tt1Y MYTIYT ++1.,�7,I I IIIIIIIIIIIIII �-. I -. . 3 4k3' 1�JI�i�ii '� -i -; "f- ,I ITIn _ 1111111Irll-r- 1 � I 111111111111111 k+� _ IIIIIIIIIIII111 �r-r-r-�•r-r- ey111 i I J", Y z4Q Y N� M� 11111; IIII+II 1 Tnr3�l}nrn1 1111114�-f�lIfa11}L1!111 1 1 - IL Tlt L ° +IiiFe+4iiNl �x A IIIIr Rlllll; I" II IFI fllllll \3J--1 � LTLtt}tf].I a g — IYk r A ° m' FIRE TRAINING STRUCTURES L.L.C. �I CITY OF SAINT JOHN 3233 E CORONA AVENUE LIVE FIRE EMERGENCY SERVICES PHOENK AZ SSO40 PE INDUSTRIAL PLATFORM T. 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CITY OF SAINT JOHN AVENUE a LIVE FIRE EMERGENCY SERVICES UO TRAINING FACILITY REUNITS.COM SCHEDULE C Crandall Drawing of the Training Facility 221Page �I �4 fill F-1 I B a 6 R 0 C [$ YS t U Z 0 a L- viz R R R _ w W ew%111 LD LD 8 C o as c Z Is it Mg _ 0 zcs a I [sit w o A I CURN w C ` Z _ W W Ck: E f A E o 7d J a y3i H �QI y 4 ■■ 0 LD z! 5; a Q A F FE i ■v C all , A I 15 11 0 Y L Z CL jr z waaa83 a zE (kf 0 N MY � r' I Zvi � S - I dig C7 u z I1 I 4 0LZ N y z Q�asi � z af a aa z a c 8 � " a.l - • r � o W f r! 1 E 6 0 �� J V J Baas O w wo N Ln Z� Q 4 �2 gill 0 d g z fill g .4�.g R `r= �7ha i I�&�I 0 _z a z III C III � II 6 g� ❑o o � 4 ❑ R s 1011 . a = f v d d a 8 �Sl Z w �sHi�s N S H I 1;1 �;iI�YE - W J Q p1 i i YEy i YY+! Q s R=1f,.Mr'Y t I ad f cqo C-1) • z Lu ul j all 9 1 a 11111 gl� A%3 cc C :LZ W9�iB v w ��fMll � a r z Q ' $ $ I $ p G o a l .- 1. 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Prices are in 2013 dollars. Table is to be adjusted annually. 251Pae*, COUNCIL REPORT M&C No. 2023-047 Report Date February 27, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Contract No. 2022-14: Rockwood Park Redevelopment Project Phase 111 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin O'Brien Ian Fagan / Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that Contract No. 2022-14: Rockwood Park Redevelopment Project Phase III be awarded to the low Tenderer, Dexter Construction Co. Ltd. at their tendered price of $1,577,823.00 (including HST) as calculated based upon 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 2022- 14: Rockwood Park Redevelopment Project Phase III to the low tenderer. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303; 2022 General Fund and Utility Fund Capital Budgets. November 29, 2021: M&C 2021-334; Revised 2019-2023 Canada Community — Building Fund (Formerly the Gas Tax Fund) Capital Investment Plan & General Fund Capital Program - Revision I, approved. May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund (Revision 2) — 2022 Capital Programs. -2- REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for design and construction management for the partial implementation of phase III of the Rockwood Park Master Plan. The work includes upgrading/renewal of the existing roadway, culverts, retaining walls, lighting, decking, and trail improvements along Fisher Lakes Drive and around the Duck Pond. The work also includes protection measures for pedestrians at the rock -climbing Stonehammer Geosite. 19:1►101:1Ca113:6910161 Tenders closed on February 215t, 2023, with the following results, including HST: 1. Dexter Construction Co. Ltd. $1,577,823.00 2. Galbraith Construction Ltd. $1,877,398.00 3. L. Sanford and Sons Ltd. $1,900,599.19 4. Eclipse Construction Services Ltd. $2,123,102.40 The Engineer's estimate for the work was $1,552,879.50, including HST. ANALYSIS The tenders were reviewed by staff and all the tenders except for L. Sanford and Sons Ltd. and Eclipse Construction Services Ltd. were found to be formal in all respects. The tender from L. Sanford and Sons Ltd. contained an error in mathematics that was corrected in accordance with Division 2.11 u) (i) as well as two conflicts between a written and numerical bid price that were corrected in accordance with Division 2.11 u)(ii). The tender from Eclipse Construction Services contained three conflicts between a written and numerical bid price that were corrected in accordance with Division 2.11 u) (ii). The corrected tender prices for each of these tenders are reported above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. -3- FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2022 General Fund Capital Program (Canada Community — Building Fund funding). Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 1,840,000.00 Project Net Cost $ 1,677,095.12 Variance (Surplus) $ 162,904.88 Ili1414V=9: 1►107: 1ilk] 1►We] 0Ka] 0RI1: 14aIus] ►[4to] ►11: TT4aN The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, GREEN, BELONG and MOVE as the project involves reconstructing a section of Rockwood Park that is currently in poor condition with Other Share funding. The project will also improve access to the park, accentuate the parks features, and promote a safe and secure environment for pedestrians and cyclists. SERVICEAND FINANCIAL OUTCOMES The current condition of the Duck Pond area is poor and in need of rehabilitation. The renewal of the area will promote the park's use and attract residents and visitors to the area. An amount of $1,677,095.12 of the total $1,840,000 Canada Community Building Fund Funding is included in the 2022 General Fund Capital Program for engineering design and construction management services, and construction for this project. The remaining amount of $162,904.88 will be used to upgrade a portion of the Kiwanis Play Park in Rockwood Park as part of a separate project. `[E:3 -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Tendering process for this project was completed in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. During the design phase of the project, staff consulted with Public Works and Transportation Services, the Saint John Horticultural Association and the Saint John Ability Advisory Committee. A public consultation session was also held for this project. ATTACHMENTS N/A `L'�7 COMMON COUNCIL REPORT M&C No. 2023-054 Report Date February 28, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Engineering Services — Retail Drive Intersection Realignment AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin O'Brien Ian Fagan / Michael Baker I J. Brent McGovern RECOMMENDATION It is recommended that the proposal from EXP Services Inc., for engineering design services for the Retail Drive Intersection Realignment project in the amount of $144,865.50 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The work on the Retail Drive intersection realignment project involves the realignment of the offsetting intersections of Retail Drive and Ashburn Lake Road with Rothesay Avenue. The single intersection will improve access and safety for all users of the transportation infrastructure. The purpose of this report is to recommend that Council award the contract for Engineering Services for the Retail Drive Intersection Realignment project to EXP Services Inc. PREVIOUS RESOLUTION October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Programs, approved. December 12, 2022: M&C 2022-380 — Integrated Bilateral Agreement Contribution Agreement and authorization for staff to conduct direct negotiations with EXP for the Retail Drive project, approved. `P191 -2- REPORT The approved 2023 General Fund and Utility Fund Capital Programs include funding for design services for the realignment of the two intersections of Retail Drive and Ashburn Lake Road with Rothesay Avenue. Ashburn Lake Road and Retail Drive intersect Rothesay Avenue approximately 60 metres apart, with both intersections being controlled by traffic signals. The realignment of these two intersections where they meet Rothesay Avenue will create several benefits including: • Elimination of one set of traffic signals; • Improves safety for all users of the transportation infrastructure; • Improves safety at an adjacent rail crossing with installation of gates and rail pre-emption at the adjacent single set of traffic signals; • Improves access and safety for pedestrians of all abilities with the installation of signalized crosswalks complete with Accessible Pedestrian System and Tactile Warning Surface Indicators; • Improves capacity to handle increased traffic flow as taxbase growth continues; and • Increases localized sanitary and storm water infrastructure capacities to handle current and future flows. EXP Services Inc. (EXP) has completed the most recent preliminary design work for the realignment of the Retail Drive/Rothesay Avenue and Ashburn Lake Road/Rothesay Avenue intersections. For this reason staff sought approval from Council to negotiate directly with EXP to complete the design and provide construction management services during construction. It is expected that construction will take place in the years of 2024 and 2025. A Request for Proposal (RFP) was developed for engineering services which detailed the scope of work for EXP to carry out and included the following components: ♦ Part A - Site Surveys, Preliminary Investigation and Data Collection ♦ Part B - Preliminary Design, Cost Estimates and Design Report ♦ Part C—Conduct Public Consultation Process ♦ Part D - Detailed Design ♦ Part E - Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F - Construction Management 151 -3- EXP submitted their proposed project team, work plan, schedule, and fees to complete all the work identified above. Staff completed its review of the submission and evaluated the proposed fee for the project. Staff negotiated an acceptable fee for this project with the consultant for submission to Council. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, GREEN, MOVE and PERFORM. The realignment of the Retail Drive and Ashburn Lake Road with Rothesay Avenue will support tax base growth, improve movement of all modes of transportation and improve public safety. The alignment of the intersection realizes one of the recommendations in the Council approved Move SJ, the City's Transportation Plan. SERVICEAND FINANCIAL OUTCOMES The proposed cost of work for EXP to provide engineering design and construction management services for the Retail Drive Intersection Realignment project is $558,438.85, including HST. This includes the estimation that construction will be completed in 44 weeks, beginning in 2024 and with the majority of the construction taking place in 2025. An amount of $8,457,388 ($5,189,848 Other Share and $3,267,540 City Share) is included in the approved Integrated Bilateral Agreement for the design and construction of the intersection realignment project. In the 2023 Capital Programs there is $230,000 of General Fund funding available as well as $60,000 of Utility Fund funding available to complete design services. EXP's proposal to complete design period services only (Parts A through D of the proposal) is $144,865.50, including HST, therefore there is adequate funding available to cover the design costs. EXP's submission also includes fees for construction management services which will be completed in 2024 and 2025. Staff will not proceed with these services until the 2024/2025 Capital Programs are approved by Council. At such time, staff will return to Council to recommend awarding the remaining construction management services (Parts E and F of the proposal). In order to achieve more favourable pricing these costs were included in EXP's proposal. The costs incurred by the Consultant will be paid in accordance with the terms of the RFP at the rates submitted and accepted in the Consultant's proposal. `% -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The engagement process and recommendation for award of the Retail Drive Intersection Realignment Project has been reviewed with Supply Chain Management. ATTACHMENTS N/A fIW COUNCIL REPORT M&C No. 2023-56 Report Date February 28, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Materials Testing and Construction Inspection Services for 2023 and 2024 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahoney Ian Fogan/Michael J. Brent McGovern Hugenholtz/Michael Baker RECOMMENDATION It is recommended that the proposal from Gemtec Consulting Engineers and Scientists Ltd., for Material Testing and Construction Inspection Services for 2023 and 2024 in the amount of $1,299,240.10 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award the Materials Testing and Construction Inspection services for asphalt concrete, Portland cement concrete and soils compaction for the years 2023 and 2024 to Gemtec Consulting Engineers and Scientists Limited. PREVIOUS RESOLUTION October 17, 2022: M&C 2022-317 — 2023 and 2024 General and Utility Fund Capital Programs, approved. WISH -2- REPORT BACKGROUND The approved 2023 General Fund Capital Program and 2023 Public Works and Transportation Services Operating Budget included funding for the Materials Testing and Construction Inspection Services. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: ♦ Asphalt Concrete Testing, Inspection, and Engineering Technical Services ♦ Portland Cement Concrete Field and Laboratory Testing, Inspection, and Engineering Technical Services; and ♦ Soils and Granular Materials Compaction, Testing, Inspection and Engineering Technical Services. In each of these three areas there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties requiring sophisticated lab equipment and facilities. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base/sub-base aggregate for road construction, retaining wall construction and other projects. With a comprehensive terms of reference document developed by staff, a public call for proposals was made for Materials Testing and Construction Inspection Services. The Request for Proposal (RFP) closed on February 81h, 2023, with responses received from the following three consulting engineering companies: • Gemtec Consulting Engineers and Scientists Limited, Saint John, NB • Stantec Consulting Ltd, Saint John, NB • Brunswick Engineering & Consulting Inc, Saint John, NB A Review Committee consisting of staff from Supply Chain management and Utilities and Infrastructure Services was formed to evaluate submissions. Each member completed an independent review of the submissions and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. -3- The evaluation process uses the expertise of a variety of staff from Supply Chain Management and Engineering to ensure a thorough review of the various submissions. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub -consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology— Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Cost— Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Committee selected the submission of Gemtec Consulting Engineers and Scientists Limited, as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Gemtec Consulting Engineers and Scientists Limited, met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost-effective bid for the project. `PV -4- POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick fee guideline 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 The proposed cost of work from Gemtec Consulting Engineers and Scientists Limited, to provide Materials Testing and Construction Inspection Services for this project is $1,299,240.10 including HST, based on estimated quantities. This cost is based on providing the requested services for a period of 2 years ($643,045.50 in 2023 and $656,194.60 in 2024). The cost to cover these services are included in the General Fund Capital Program Budgets and Public Works and Transportation Services Operating Budget INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Material Testing and Construction Inspection Services. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation committee members. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A `N' FA _fir17J lrh1 COUNCIL REPORT M&C No. 2023-61 Report Date March 01, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: 2023 Engineering Inspection Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven Ian Fogan / Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that Council authorize staff to establish supply agreements with the seven (7) consulting firms identified in the report, at the hourly rates provided in this report totaling $655,000 plus HST for the provision of engineering inspection services for the 2023 Capital Construction projects being designed by City staff. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements with the seven (7) consulting firms totaling $655,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTIONS M&C 2022-317 — October 17, 2022 - 2023 and 2024 Draft General and Utility Fund Capital Budget, approved; M&C 2021-303 - November 15, 2021; 2022 General Fund and Utility Fund Capital Budgets, approved; M&C 2021-334 - November 29, 2021; Revised 2019-2023 Canada Community — Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision 1, approved `N'1:3 May 30, 2022: M&C 2022-191; Utility Fund (Revision 1) and General Fund (Revision 2) — 2022 Capital Programs. STRATEGIC ALIGNMENT This report aligns with Council's Priorities of GROW by investing in key infrastructure upgrades and PERFORM by utilizing additional resources in order to complete projects within specific timeframes so the City can take advantage of various funding programs. REPORT Council has approved the 2023 Water & Sewerage Utility Fund Capital Program at $13,612,455 including HST and the 2023 General Fund (Transportation, Parks and Urban & Rural Storm) Capital Program at $25,384,205 including HST. These programs include a total of twenty-seven (27) construction projects. A portion of the projects in the 2023 Capital Programs are being designed "in- house" by City staff and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately eleven (11) "in-house" City staff designed projects during the 2023 construction season. Some of the projects that are anticipated to be constructed in 2023 were approved in the 2022 Capital Programs. In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to nine (9) local consulting firms that have the appropriate resources of staff capable of providing engineering inspection services on municipal type projects. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so, as has been consistently done in the past, staff averaged the rates and established one hourly rate for each of the three levels of inspectors: Junior, Intermediate and Senior as follows: Classification Hourly Rate Junior Inspector $89 Intermediate Inspector $94 Senior Inspector $103 The hourly rates, in addition to covering the labour costs, also include all miscellaneous expenses (car, cellular telephone, digital camera, computer, printing services, etc.) and do not include HST. liB10.1 Seven (7) firms submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. Once the submitted rates were averaged and one hourly rate was chosen for each classification, the following seven (7) firms confirmed they would provide inspectors at the above noted rates: • Brunswick Engineering & Consulting Inc. • CBCL Limited • Engineering By Houghton • Englobe Corp. • EXP • GEMTEC Consulting Engineers and Scientists Limited • Stantec Consulting Ltd. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven (7) consulting firms. SERVICEAND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2023 construction projects is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2023 construction projects to be approximately $655,000 plus 15% HST. Funds to cover the cost of the engineering inspection service are included in the approved Capital Program project budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Request for Proposal document and this report have been reviewed with the City's Supply Chain Management Department and they support the recommendation being put forth. ATTACHMENTS N/A _fir17j ,Fj 1 COMMON COUNCIL REPORT M&C No. 2023-055 Report Date February 28, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Evaporative Condenser System Upgrades —Stewart Hurley and Charles Gorman Arena OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jason Barton Samir Yammine/Ian Fo an J. Brent McGovern RECOMMENDATION It is recommended that the tender submitted by Black & McDonald Limited, for the Evaporative Condenser System Upgrades at the Stewart Hurley and the Charles Gorman Arena in the amount of $124,680.00 (plus HST) be accepted. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Evaporative Condenser System Upgrades at the Stewart Hurley and the Charles Gorman Arena to the lowest compliant bidder. PREVIOUS RESOLUTION 1►M STRATEGIC ALIGNMENT The Evaporative Condenser System Upgrades at the Stewart Hurley and the Charles Gorman Arena is clearly aligned with the Council's Priorities to invest in sustainable City services and municipal infrastructure as well as with the Asset Management Policy to minimize risk to the Level of Service (LOS). REPORT The existing evaporative condenser systems at the Stewart Hurley Arena and the Charles Gorman Arena are 21 years old and beyond their expected useful life. The scope of work consists of the following. • Provide all labour, materials, equipment, accessories, etc., necessary to complete the upgrade of the evaporative condensers at the Stewart Hurley and Charles Gorman arenas. • Supply and install one (1) new evaporative condenser at the Stewart Hurley Arena (BAC Model VCL-058) • Supply and install one (1) new evaporative condenser at the Charles Gorman Arena (BAC Model VCL-058) • Each Evaporative Condenser to include Thermosetting Hybrid Polymer for corrosion protection as well, to include an auxiliary circuit for compressor glycol cooling. • All welding, piping, fittings, hardware, permitting, removal and disposal, and start-up and commissioning, necessary to provide complete and operational systems. SERVICEAND FINANCIAL OUTCOMES The total cost to complete the Evaporative Condenser Upgrades at the Stewart Hurley and the Charles Gorman Arena in the amount, if awarded to the lowest bidder as recommended, will be $130,023.78 Including HST Rebate. The Cost of this project is funded under the City's General 2022 Capital Program. The analysis is as follows: Capital Budget: $120,000.00 Project net cost: $130,023.78 Variance (Over Budget): $10,023.78 The Engineer's Estimate for this project is $120,000.00+HST. The $10,023.78 will be managed within the broader General Fund Capital program. fi"M INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A public tender call was issued on January 24, 2023, and closed on February 14, 2023. Two (2) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE* Black & McDonald Limited $ 124,680.00 Cimco Refrigeration, A Division of Toromont Industries Limited $ 155,297.94 *Exclusive of HST Staff of Supply Chain Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A flW D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-59 Report Date March 01, 2023 Meeting Date March 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Street Naming AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that Council amend the list of Official Street Names and approve the following changes: 1. Add the name "chemin Campus Ring Road"; 2. Add the name "allee Residence Lane"; and 3. Add the name "voie Abraham B. Walker Way". EXECUTIVE SUMMARY There are several buildings, located on the UNBSJ campus, without unique civic addresses. In order to be able to assign unique civic addresses to each building, to reduce confusion for emergency service providers, staff has asked UNBSJ representatives to suggest unique street names for the access roads leading to these buildings. The UNBSJ representatives have proposed "chemin Campus Ring Road", "allee Residence Lane" and "voie Abraham B. Walker Way" as street names for these access roads. These street names meet NB 9-1-1 guidelines and are therefore acceptable. PREVIOUS RESOLUTION RESOLVED February 8th, 2021 that staff be directed to engage stakeholders and community groups for the purpose of creating a process and timeline that would bestow recognition of Abraham Beverley Walker's contribution to the City of Saint John. `[:�I -2- REPORT All buildings on the University of New Brunswick Saint John campus currently have the same civic address of 100 Tucker Park Road. This can cause confusion for emergency service providers when responding to emergency calls. Because of the nature and configuration of the numerous buildings located on the UNBSJ campus, each building should have its own unique civic address. In order to be able to assign unique civic addresses to the buildings, the various access roads first need to have unique street names. A few years ago, staff had begun discussions with UNBSJ representatives in order to have them suggest unique street names for the access roads leading to the various buildings. However, the process had been put on hold because of several planned reconfigurations to access roads and new buildings that were to be constructed on UNBSJ property, which would then have required street renaming and civic address changes, which could have increased confusion. With the planned access road reconfigurations complete and buildings constructed, staff restarted the process last year and met with UNBSJ representatives once again to seek unique street names for the access roads to the buildings on campus. The UNBSJ representatives have proposed "chemin Campus Ring Road", "allee Residence Lane" and "voie Abraham B. Walker Way" as street names for the access roads (see Schedule A: UNBSJ Proposed Street Names). The proposed street names do not currently exist in Saint John, nor in neighbouring communities and therefore meet NB 9-1-1 guidelines for street names. UNBSJ representatives have provided background information to support the proposed street name dedicated to Abraham Beverley Walker (see Schedule B: Abraham Beverley Walker). STRATEGIC ALIGNMENT Ensuring street names meet NB 9-1-1 guidelines aligns directly with Council's "Move" priority by offering safe, accessible travel options. SERVICEAND FINANCIAL OUTCOMES The costs to the City of Saint John, associated with installing new street name signs, are approximately $1,000. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation Services were consulted and will cover the costs for street signs from their operating budget. -3- ATTACHMENTS Schedule A: UNBSJ Proposed Street Names Schedule B: Abraham Beverley Walker -4- Schedule A: UNBSJ Proposed Street Names ■ f./ -5- Schedule B: Abraham Beverley Walker "Abraham Beverley Walker was a civil rights pioneer in New Brunswick and North America and deserves recognition for his notable achievements," says Dr. Paul J. Mazerolle, UNB president and vice-chancellor. "Walker was not only the first Canadian -born Black lawyer but an alumnus of UNB Law as its first Black student." Born on Aug. 23, 1851, in Belleisle, New Brunswick, to farmer William Walker and Patience Taylor. Walker's loyalist ancestor was among the first black people to settle on the Kingston Peninsula, upriver from Saint John, in 1786. He is best known as a lawyer, journalist and activist. As a teenager, Abraham Walker worked as a stenographer and toured Canada with noted phrenologists Orson Squire Fowler and Samuel Roberts Wells. Walker went on to study at the National University in Washington D.C. before returning to Saint John to study in the legal office of George Godfrey Gilbert. In June 1881, Walker was admitted as an attorney of the Supreme Court of New Brunswick. In October 1882, Walker was the first Black student to enroll at Saint John Law School — now UNB's faculty of law. "We are pleased that such a notable UNB Law alumnus is being recognized on the UNB Saint John campus," says UNB Law Dean Michael Marin. "In 2021, UNB Law created the Abraham Walker Scholarship for a Black student in the first year of the JD Program. It makes sense that we continue to honour his legacy to New Brunswick and UNB Saint John." After being admitted to the bar in 1882, Walker opened his own law office on Princess Street in Saint John, which ultimately failed due, in part, because of racism. Despite being highly educated and influential, Walker faced insurmountable discrimination and systemic racism. For example, he was excluded from local events for solicitors. In 1895, the Afro -Canadian community of Saint John nominated Walker for a Queen's Counsel appointment, which was ultimately denied. Historical documents indicate that Walker attributed this to racial discrimination. Walker asked Attorney General Andrew McKeown for an appointment for as a provincial King's Counsel but was also denied. Walker was a man ahead of the times. He fought for racial equality and is what we would today consider a civil rights activist. He advocated for universal suffrage and spoke against governments for their racism. Peter Little, author of Abraham Beverley Walker: Lawyer, Lecturer, Activist, credits Walker with having said: "A man should not be measured by his race, or his colour, or his creed, but by the size of his soul, his heart, or his mind." -6- Walker founded and edited Neith, the first African -Canadian literary magazine, which focused on racial issues and gave a forum to Black writers in and out of Atlantic Canada. Neith, although lasting only a few issues, once again, due to racism and lack of readership, is credited as a primary source of radical Black politics within Canadian discourse. He lectured extensively across North America, and, while lecturing in Ontario, Walker became ill with tuberculosis, which ultimately led to his death in 1909. Until recently, despite being a Saint John local, Walker had become a forgotten part of New Brunswick history. In 2019, the Government of New Brunswick honoured him with an Order of New Brunswick. In 2021, the New Brunswick Black History Society Unveiled a headstone to mark Walker's grave in the Church of England cemetery on Thorne Avenue in Saint John. In 2022, a plaque with Walker's story was installed at the Saint John Law Courts. The Qty of 5WFL( John PROCLAMATION WHEREAS: The City of Saint John is committed to the belief that equal opportunity and treatment should exist for all people; and WHEREAS: Every resident of the City of Saint John has the right to realize their potential, regardless of race, colour, national, or ethnic origin, and live at all times in conditions of dignity, respect, and peace; and WHEREAS: The General Assembly of the United Nations has designated March 21 as the International Day for the Elimination of Racial Discrimination; and WHEREAS. In Canada, this date is an opportunity to reflect on the fact that while progress has been made, Indigenous Peoples, racialized communities and religious minorities in Canada continue to face racism and discrimination every day. It is also a day to re -commit our efforts to combat all forms of racial discrimination, injustice, systemic racism and hate to ensure a world where everyone is respected, safe, and has equitable access to contribute meaningfully to all aspects of society. WHEREAS: It is important for people everywhere to strengthen and consolidate their voices against racism, to mobilise against all forms and manifestations of racial discrimination and injustice, and to ensure a safe environment for those who speak up WHEREAS. The elimination of racism and racial discrimination can be accomplished through the understanding and respect and the dignity of all people and is the social and moral responsibility of each person. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim Tuesday, March 21', 2023 as International Day for the Elimination of Racial Discrimination in The City of Saint John. In witness whereof I have set my hand and affixed the official seal of theMayor of the City of Saint John. 170 WHEREAS. Each day one in ten Canadians learn that their kidneys have failed, and this number is on the rise with 45% of new kidney patients under the age of 65. Their survival will depend on dialysis treatments or a kidney transplant. In 2022 kidney disease was the loth leading cause of death in Canada. WHEREAS: The Kidney Foundation of Canada is the only national health charity serving the needs of people living with kidney disease through funding research, educational and emotional support programs, promoting access to high quality health care, and, actively promoting awareness of and commitment to kidney health and organ donation. WHEREAS. March 9th, 2023 is World Kidney Day. The Kidney Foundation, Atlantic Branch aims to raise awareness of the importance of our kidneys to our overall health and to reduce the frequency and impact of kidney disease and its associated health problems. NOW THEREFORE. I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the month of March 2023 as Kidney Month in The City of Saint John. I urge all residents to become aware of their own kidney health and learn about the role the kidneys play, warnings signs to look for, as well as awareness of organ donation registry. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 171 N L O 0 N CL w% w U �+ C: O � a L W W Z C,� M N 0 N L U L co N L WE 0 LO r0 1� r� k� V C3) J r--+ LL Q1 1-4 CD LE N pT1 O1 T-q } • 4 h� l Y n• p N N L L } OL CL Q 0 C o q ii = co a �41 0 O J +7 0 N O Q N 0 N �i [V v a J N 7^, Cj f ui cz LL ' V a c� rL •j V Q V 02 � J a— LL cz (� O U) (Z R3 a) z2 L■ a NO co Ln r m r co CV T I— C6 r M N e-- s.C7 C7 r tC7 Cp 00 cfl T LO A I 1 T I I A O CD LC7 C7 C"J CV T I CN — LO -C3 cz I co as Q � LL O N o C� a Q QQ6 d CN E � Q CN Ln Ln L E M e"I .90 LL Ca O O — M N •--+ LL C 0 1%.. o o N 0-0 _ N 0 LS j (1) rj O)Q N 4- r-j U L n, rt, cV E Cl) r• V4 N co rM N r- r4 co N LT N r~ 0 C'4 Q Ln 0 Ln 4 N N r1 O N NN v O N co r4 O h O N Q N LO I- Or CIO 0 Q Q U] w E Q U C U C CL. 0 *-j U (t CDL N a) L cm is co 10 Cos 0 ifl O O V7 OL CL b O u u u v c r� a v c n w o cc as � ci a7 n.\oH Ln U? NNfV LL Q>O>O O N > rp�C� E a° a � — 0eo � _ L CL L o N 4 U�CNU Ln - d 6 ? 7 C, N OL La a r�O O ® a c a 4 > O > fi: o a Od p 0 ro a. a � o La 0 c a > asa.c dca v O v) �0 aOM CN � (O-Z ° r o; O'0 > > 0,2 N Ln�C6� r� a" a0 C: L t t:C 6. *� > oa> `B ti>cic°L ,0�N.--4 �pL ?..� -100 U p s O cri a oa>> ra�0.`y i W ram, ZF rc O t > Q Q tlY a U 0 ca V 0 2 U) L�� M_ L .© f� • i r h j N N L C C L CD C C_] i V 0 2 Z w Z0V W 0 2 � V FO 16�9 O V] S/ U V) c D z m L V— L 0 CL a) cc i N 0 CL Z Q 2 z W CL 0 J W W 0 11 11 m z 0 0 C U l) -0 �0 -2 _0 1— u1 co a) U V C (7 ClLo )O I 0 co Staff Recommendation for Council Resolution Property: 1382 Hickey Road Public Hearing: March 6, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law No Amendment Recission of Yes That Common Council, pursuant to Section 59 of the Previous s. 39/s. Community Planning Act, hereby rescind a portion of the 59 Conditions resolution adopted on January 6, 2003, imposed on the rezoning of the property located at 1382 Hickey Road and identified as PID 55007066, which was made pursuant to the provisions of the Community Planning Act in effect at the time (RSNB 1973 as amended) by removing the following: x) The use of the site for the operation of a self storage warehouse facility is subject to the following additional conditions: a. The location of the facility is restricted to the southeastern portion of the site, to the area rear of the existing car wash building, and; Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No PLANNING ADVISORY COMMITTEE February 23, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 59 Amendment 1382 Hickey Road On January 23, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 22, 2023 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. The representatives of the applicant, U-Haul Co. (Canada) Ltd., were in attendance and chose not to speak on behalf of the application. No other members of the public appeared to speak in favor or opposition. RECOMMENDATION: That Common Council rescind the condition X(A) imposed on the January 6, 2003, rezoning of the property located at 1382 Hickey Road, also identified as PI D 55007066. -6-1A�i . The City of Saint )ohn Page 1 of 2 182 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 23, 2023 Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 2 of 2 183 The City of Saint John Date: February 16, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: February 22, 2023 SUBJECT Applicant: U-Haul Co. (Canada) Ltd. Landowner: Ri-Mar Properties Ltd. Location: 1382 Hickey Road PID: 55007066 Plan Designation: Commercial Corridor Zoning: Commercial Corridor (CC) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, March 6, 2023. EXECUTIVE SUMMARY The applicant is seeking an amendment to the existing Section 59 conditions imposed on the property to allow for further development of the existing self storage facilities in addition to the existing car wash. The former section 59 conditions limited the development of self -storage facilities to the southeastern portion of the site. Staff recommends rescinding the Section 59 conditions that limit the development of the self - storage facilities to the southeastern portion of the property. Page 1 of 6 184 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 16, 2023 RECOMMENDATION 1. That Common Council, rescind the condition X(A) imposed on the January 6, 2003, rezoning of the property located at 1382 Hickey Road, also identified as PID 55007066. DECISION HISTORY On January 6, 2003, Common Council rezoned the site at 1382 Hickey Road from "B-2" General Business to "SZ-12" Special Zone classification to open a car wash and self -storage facility. The rezoning was approved, with Section 59 conditions related to the proposed use and which restricted the self -storage facilities to the southeastern portion of the property. The restriction on the location of the self -storage facilities was based solely on the site plan submitted by the applicant for the development, which limited the development to the eastern portion of the site. It has been common practice to create Section 59 Conditions that tie a specific development proposal and associated site plan to a successful rezoning process. There were ten section 59 conditions in total, but the applicant only seeks to rescind condition X(A). The conditions imposed on the property are as follows: Except as indicated in condition (x)(b) the developer must pave all parking areas, vehicle, maneuvering areas and driveways with asphalt and enclose them with cast -in - place concrete curbs to protect the landscaped areas and to facilitate proper drainage; Adequate drainage facilities must be provided by the developer, including catch basins where necessary, in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City engineer or his designate, and the approved drainage plan must be attached to any application for building permit for the development; iii. The developer must landscape all disturbed areas of the site not occupied by buildings, driveways and walkways, parking or loading areas, including the City street right-of-way to the edge of the City sidewalk iv. The landscaping along the front lot line of the developed portion of the site must have a minimum width of 3 m (10f) inside the front lot line, except where interrupted by a permitted driveway and except where a variance to permit a smaller landscaped area has been granted by the Planning Advisory Committee; V. Telephone and electrical wires must be installed underground from the existing overhead facilities on the street to any building site vi. The exact location of any access driveway is subject to the approval of the Chief City Engineer or his designate; Page 2 of 6 185 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 16, 2023 vii. The site shall not be developed except in accordance with a detailed site plan and a detailed building elevation plan, prepared by the developer and subject to the approval of the DO, indicating the location, design and exterior materials of all buildings, the location and treatment of parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above, and the approved site plan and building elevation plans must be attached to any application for building permit for the development viii. All site improvements as shown on the approved site plan and drainage plan must be completed within one year of building permit approval; ix. The use of the site for the operation of a car wash is subject to the following additional conditions: a. The proponent shall only use cleaning agents which are biodegradable and approved by the NB department of Environment and Local government, and no petroleum solvents shall be used or permitted on site; b. No washing of engines or other articles which are, or are likely to be, contaminated with oil or grease shall take place at the site; c. The proponent shall install and maintain a wastewater treatment system within each wash bay consisting of; i. An asphalt or concrete surface graded to a catch basin located within this surface, followed by ii. A sand and grit interceptor followed by iii. An oil/water separator iv. And which discharges to the municipal Sanitary sewer system d. All wash water shall be disposed of through the wastewater treatment system; e. The proponent shall periodically clean accumulated sand and grit from the wastewater treatment system; and f. The maximum allowable wastewater discharge concentration is: BOD 25 mg/I, suspended solids 25 mg/, surfactants 5 mg/I, oil and grease 15 mg/I X. The use of the site for the operation of a self storage warehouse facility is subject to the following additional conditions: a. The location of the facility is restricted to the southeastern portion of the site, to the area rear of the existing car wash building, and; b. The vehicular circulation area within the self -storage compound must be surfaces with asphalt or other all-weather dust -free surfaces (e.g. crushed stone) of sufficient strength to carry imposed loads. ANALYSIS Proposal The applicant is proposing to construct an addition to the existing self -storage facilities by expanding the development into the southwestern portion of the site. The buildings would be of a similar design to the existing facilities, in order to establish a cohesive site design. The Page 3 of 6 186 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 16, 2023 development would also see a commercial building and a parking lot created in the northwestern portion of the site. The existing business is operating at capacity and requires a physical expansion to allow for the growth identified by the business owner, U-Haul. Site and Neighbourhood The subject property is located on the south side of Hickey Road, just south of Loch Lomond Road and Bruce Street. The property has an area of 14,654 square metres, including the existing self storage facilities and a car wash. The existing commercial buildings are situated on the eastern portion of the subject property. Lands along this portion of Hickey Road and Loch Lomond Road are designated General Commercial (CG) and Commercial Corridor (CC). These include a hardware store, a small local grocery store, a Tim Hortons, a Grecos, a Motorsports store, and a variety of small local businesses. The immediate area surrounding the subject property contains a mix of Two -Unit Residential zoning, a large site zoned Major Community Facility (CFM), and some large sites zoned Future Development. Despite residential zoning being in the area, no residential property directly abuts the site. The closest residential property sits west of the site and is separated from the development site by city owned land designated Future Development. In addition to the physical separation, an elevation difference between the development site and the adjacent land creates an additional physical separation and visual buffer between the commercial and residential uses. Due to the presence of wetlands in the area, there is no development to the south or northeast of the proposed site. The site itself is outside the 30-metre buffer zone for wetlands as regulated by the Province. Section 59 Amendment Application In 2003, the property was rezoned to permit a car wash and self -storage facility. Section 59 conditions were imposed on the car wash, standards for all parking areas, and restrictions on where the self -storage facility could be developed. There were also standard conditions placed on the property in association with storm water management and drainage requirements, as well as the requirement for detailed site plans to be submitted as part of the building and development permit application. The landowner is seeking approval to amend the existing Section 59 conditions to allow for the expansion of the existing self -storage use to include the remaining portions of the property. Municipal Plan and Zoning The surrounding properties located along Hickey Road and Loch Lomond Road are designated as Stable Commercial. Stable Commercial designated areas are lands that include a number of existing neighbourhood commercial areas and while not expected to see great change, have the potential for greater mixed -use development. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. Page 4 of 6 187 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 16, 2023 Policy LU-69 allows for a range of commercial uses to exist which are likely to evolve over time. Redevelopment of a property is permitted in compliance with the requirements of the Zoning Bylaw, provided the proposal does not negatively affect surrounding land uses. Rescinding the former condition restricting self -storage facilities to the southeastern portion of the property would allow for further development of an established use on the site. This will not have a negative impact on the neighbourhood, as it is a use that has been in operation on this property for approximately 20 years. Policy LU-70 which is concerned with ensuring that significant new development and redevelopment in areas designated Stable Commercial is permitted only when certain criteria are met. Relevant criteria include: • The proposed land use is desirable and contributes positively to the neighbourhood. • The proposal is compatible with surrounding land uses. • The development proposal is in a location where all necessary water and wastewater services, protective services, and appropriate transportation infrastructure including public transit is provided. • Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; and • A high -quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan. The proposed expansion of the self storage facilities and development of the western portion of the site does meet these criteria through the expansion of an existing permitted use. The expansion of the facilities will see a continuity in high quality design that will help the expanded development fit the character of the site and adds additional parking that will support the overall function of the property. Self storage facilities are appropriate commercial uses in this area, and the proposed expansion would be in alignment with the intention of the Stable Commercial designation, allowing for the opportunity to expand an existing use on an appropriately zoned site. Section 59 Conditions Since the rezoning of the subject area in 2003, Section 59 conditions have been imposed on the use and development of this parcel. This application provides the opportunity to rescind one of these conditions surrounding the restriction of the placement of self -storage facilities to allow for further development. Staff do not recommend any additional conditions be placed on this property, as the existing conditions, and Zoning By-law standards, provide sufficient direction related to the development of the site. No major issues were raised by the different service areas, and they are supportive of the proposed removal of the Section 59 condition X(A). Page 5 of 6 188 U-Haul Co. (Canada) Ltd. 1382 Hickey Road February 16, 2023 Conclusion The construction of an addition to the existing self storage facility is an appropriate development proposal for the site. The use is permitted within the Corridor Commercial zone, and will support the ongoing operation and expansion of an existing commercial business. Staff are recommending the rescinding of condition X(A). ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. PUBLIC 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 February 1, 2023. The Public Notice for the proposed Section 59 Amendment was posted on the City of Saint John website on February 8, 2023. APPROVALS AND CONTACT Manager I Commissioner Jennifer Kirchner, RPP, MCIP I Jacqueline Hamilton, MCIP, RPP Contact: Yeva Mattson Telephone: (506) 649-6075 Email: yeva.mattsona-saintiohn.ca Application: 22-0277 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 6 of 6 189 9a� It a �. 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(n U co o N Y o a ai 1 U r O n (6 I 0 U O O n r m o W x w W U U) ^ _ � ^ J N � O C O C C N N E _ -03 O C O LL U (j U U U •� c li E E O U E E O U a� a� E E E a) i o -a L O U L O o) a) C� O U L co O N U U N N Q O U d co N O N M N . - �i O E E >N '� Y E U (6 U U U O N o U _T U U U � 4n co a N m O_ U_ LO � r (6 O 0 O N c� � N O O m W x x m O .N W N U O U) y-+ �U co LL E U +� N � N E E N U U L i Q O co '2 cj VJ G r y- y--� o D -0 N co 0 0� J � � N J a)� JQ' (n LL M N O N N ATTACHMENT 1: SITE PHOTOGRAPHY Photo: Subject Site looking South East over proposed parking lot — existing self storage units visible Photo: Subject Site looking East from sidewalk towards Car Wash `&ON Photo: Subject site looking south at current self storage facilities Photo: Looking South across Hickey Road at proposed site for parking lot and expansion of self storage facilities. `e%L'I 3 4, O 3 c E 0 a) +1 a) E c =_ c 0 3 a) 4 u O E °' sao aci s o a) co 3 a°Ai co CL a) a) s O co �, a) E s E Q 4+ c 7 +, +� u E 3 ate, Q Q O0 > E C 4-1a) O a) _� u O 0 ate+ a) O O a) c° E -Ca co c v -a E a>i -0> ss'LQ (D s ° o E s a) ate), os a an -a C ° v� O Q 4-1 •� s cn C u 'p 3 4�o N +, N E a) 41 dA co a) -0to N c6 — a) a) > - s 4-1C c) Q O i c E = •U X a) C :t+ S C 3 VI 3 Q c i E (/) a) C s a) +� C C co C a) i 1O co 4� O 3 2 C a) dA 4-1 c3o a�a)'o •+� 4 Cc po > d s '74 xo s O o u 4-1 4� u 0 Q-E O 3>•a) °' J� � c Q � o X u 4� c pa) 4-1 0 • °a)° 7-c O °' a) Ea0 -Co c4-1Q u � c 4, +� o '7c� Ln s> H �u CL c Q O ooE ` ' O i Q Q7 � c 3a Q u C O• co u a) -p s +' +1 E u •E CC N OQ u } O 4� O Q a)O X a) u Q E u O C.O a)4-1 a)Q +C� Q a) o cn E a EE `^ a °a) C a O X o EQ�40) N °Z Q s a O -C (In O a O u p �a) C 0 O Ln Ln U a) +O 4 -C 4- U 4- p +s i i u __ EA O O O 0 'ao a) E u 'ac6 i EN— a) 4-1CdN� C Oa) E a 'O Q 'sXp -a) c p OU O •O C C U C o O O 0 4-1 w ' O a) 0�pC u a) p> OQ ,O rc a) s 'n Q C 0 a) s +� uO 0QQ C'O ~EOu � N Q +' Q Q -4' 'A o ° s s> -C 4- m -C o 4� o -C-C Q 0s0 ma) " > p 4� M 4� O> O o u 4• 4- 4• o aA 00 a) va -ap a) 4EU ri � O0 O EL t a) co -d u Qn C a) +' a) 0 •O C s 4� � 0 � C 4s Q a cco 'O 4� O (6 — X -a C O co -p S a) C E .0 m °' E c1 4-1+� co c: +� 3 '°° 4� c ao C ao s 3 C a) a) +� E _ E •`° Q co co 41 co 0 Q c a) -° E co a) c 7 a) -0 o U o V " a) O 3 0 o 0 •� C O u •` E s u u ao i m — u a" O u a) O a) c a) M"n 4� `n a) O a, 0 E E s 0 O CU Q p a) +1 U > v� +� a) a) 4� U U i U co a) a) +1 U 3 c V c a) 0 u Nc co co +� 4-1 U 'L a) N . 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Q AW � 0 E-1--a C:) 0 C: O cn Lu � 0 cn L L C: J O M N O N N O o � N }' O C: N O .. cn O cn (a um C C DocuSign Envelope ID: 315EB12A-ADC4-4778-8815-03809D5080B3 o p1ment Shpwi�ia��;ir.l n r>>�c, ['\tp \"tR11("ItIRP sAnvTloi-nv onestop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : T1382 Hickey Road, Saint John, New Brunswick E2J 4E3 PID # : 155007066 LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) i APPLICATION #: DATE RECEIVED: 9 "' RECEIVED BY: APPLI CANT EMAIL PHONE U-Haul Co. (Canada) Ltd. RJohnson@uhaul.com 1-602-263-6555 z 0 MAI LING ADDRESS POSTAL CODE a 2727 N. Central Ave. Phoenix, AZ 85004 CONTRACTOR EMAIL PHONE N/A z — H MAI LING ADDRESS POSTAL CODE Z Q U J OWNER EMAIL PHONE aRi-Mar Properties Ltd. andrew@macdonaldapplicators.ca 506-633-1981 MAI LING ADDRESS POSTAL CODE 10 Mcllveen Drive Saint John, NB E2J 4Y7 PRESENT USE: self -storage PROPOSED USE: self -storage expanded location BUILDING PLANNING INFRASTRUCTURE HERITAGE Q R I NTERI OR RENOVATION [:]NEW CONSTRUCTION VARIANCE �STREET EXCAVATION 1:1 HERITAGE DEVELOPMENT Q EXTERIOR RENOVATION [:]ACCESSORYBLDG PLANNING LETTER [:]DRIVEWAY CULVERT HERITAGESIGN H ADDITION POOL IZIPAC APPLICATION DRAINAGE HERITAGE INFILL Q r_jJ DECK DEMOLITION COUNCILAPP WATER & SEWERAGE HERITAGEDEMO U w FiCHANGE OF USE SIGN SUBDIVISION OTHER OTHER 2 U DMINIMUM STANDARDS OTHER OTHER w O z O Y H 0 O zz U w ❑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 authorityfor 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 ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E2L I E8 commonclerk(cbsainti ohn. ca (506) 658-2862 rue<Aratsalorrann 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 approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. U-Haul Co. (Canada) Ltd. per: Matthew F. Braccia, Vice -President, I have authority to bind the corporation. Applicant Name DocuSigned by - Applicant Signature 7063AF3AC66C43c_ December 15, 2022 Date f��i[I DocuSign Envelope ID: 315EB12A-ADC4-4778-8815-03809D5080B3 DPLANNING Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1382 Hickey Road, Saint John, New Brunswick E2J 4E3 APPLICATION # I FEE PAID I Y N TYPE OF APPLICATION Land for Public Purposes Release Service Fee: $300 Section 59 Amendment Service Fee: $2,650 Non -Conforming Use Service Fee: $200 Zoning By-law Amendment Service Fee: $2,650 Satisfactory Servicing Service Fee: $200 Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. We apply to remove the following restriction that is registered on title to this property: "the use of the site for the operation of a self -storage warehouse facility is subject to the following additional conditions. the rear of the existing car wash building..." Filease see the attached site plan and construction plans. We intend o apply for building permits In Felatien te these plans afteF S. 59 FeStFietien is Femeved with Fespeet to the leeatien of self SteFage faeolity. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. Please see attached current PID # 55007066 Please see attached Instrument # 18330473 Registered Resolution re Amendment to Zoning ByLaw 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. Registered Owner or Authorized Agent Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Ph saRel-. :1. 'n'. ". 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O O LL I t .• I _ I .l` 1 1 I Y I I � t � in X ➢ E n O^ 00 m C C > EEEEEq E a s CD m f6 r o5 _ N 00 co x E o - E o - o N N _ } � O � O 0 �© �o �© �0' �m �o �0 M8 �11 LL I W I � I � I m I ¢ I in < 7, �i Hit! -,;*i -0 o 00 1= 17— M LU CO > LU w LU T5 E z T 0- i5 o -M P"lUE q C"i U) 23�is E co 00 O LU Cl) N z -2 LL fo , !-HE4HL s M. A A IM t 7W_ a "H M. 0 77-2.FT._jaq 11. �M fl� f 7 7 " . 1 ---------- ------------ i4 — ��� �e I I + - III it — — -- ------------------ I 1 62 —IN in < Posted: Wed, Feb 8, 2023 at 10:04 AM AST Nptice PROPOSED SECTION 59 AMENDMENT RE: 1382 Hickey 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 March 6, 2023, at 6:30 p.m. by: li 1. Amending the Section 59 conditions imposed on the January 6, 2003 rezoning of the property located at 1382 Hickey Road, also identified as PID 55007066, to permit further development. REASON FOR CHANGE: To permit further development of self -storage facilities. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at cammonderk.' 4?ho,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 co hn.c� If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 222 V2 STREET CLOSING NEWPORT CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Closing of Roads, Streets or Highways In The City of SaintJohn" at its regular meeting to be held in the Council Chambers on Monday, March 6, 2023 at 6:30 p.m. to permanently close the following street: NEWPORT CRESCENT: All that portion of Newport Crescent, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 3,471 square metres as shown on a Plan of Survey titled, "Portion of Newport Crescent, City of Saint John, Saint John County, Province of New Brunswick," prepared by Dillon Consulting. and dated November 14, 2022 attached hereto. (INSERT PLAN) For details on how to participate in the Public Hearing, to inspect the amendment and plan, or to register to participate please contact the Office of the City Clerk at cityclerk@saintjohn.ca. Written objections to the proposed amendment may be delivered to Mr. Jonathan Taylor, City Clerk at: i) P.O. Box 1971, Saint John, N.B., E2L 41-1; or ii) cityclerk@saintjohn.ca If you require French services for a Common Council meeting, please contact the office of the City Clerk at (506) 658-2862. FERMETURE DE RUE CROISSANT NEWPORT 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 relatif a la fermeture des chemins, des rues ou des routes clans The City of Saint John » lors de la reunion ordinaire qui se tiendra le lundi 6 mars 2023 a 18 h 30 afin d'interrompre la circulation et de fermer la route suivante : CROISSANT NEWPORT: Toute la partie de la croissant Newport, une rue publique clans la ville de Saint John, comte de Saint John, clans la province du Nouveau -Brunswick, dune superficie d'environ 3,471 metres carres comme le montre le plan d'arpentage intitule « Partie du plan d'arpentage indiquant la croissant Newport, ville de Saint John, comte de Saint John, province du Nouveau - Brunswick v, prepare par Dillon Consulting et date du 14 novembre 2022, joint aux presentes. (INSERER LE PLAN) Pour savoir comment participer a I'audition publique, inspecter la modification et le plan de la rue ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier municipal a I'adresse cityclerk@saintjohn.ca. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention de M. Jonathan Taylor, greffier municipal, a I'une des coordonnees suivantes : i) C.P. 1971, Saint John (N.-B.) E2L 41-1; ii) cityclerk@saintjohn.ca. Si vous exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier municipal au (506) 658-2862. (r8�j BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Be it enacted by the Common Lors dune r6union du conseil Council of The City of Saint John as communal, The City of Saint John a d6cr&6 follows: cc qui suit: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 7 immediately after Section 6 thereof, as follows: 7 The City of Saint John does hereby stop up and close permanently the following street: NEWPORT CRESCENT: All that portion of Newport Crescent, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 3,471 square metres as shown on a Plan of Survey titled, "Portion of Newport Crescent, City of Saint John, Saint John County, Province of New Brunswick," prepared by Dillon Consulting. and dated November 14, 2022 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the *** day of ***, A.D. 2023 and signed by: Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», d6cr&6 le 11 mars 2019, est modifi6 par 1'ajout de Particle 7 imm6diatement apr&s Particle 6, comme suit: 7 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la rue suivante : CROISSANT NEWPORT: Tome la partie de la croissant Newport, une rue publique dans la ville de Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'environ 3,471 metres carr6s comme le montre le plan d'arpentage intitul6 « Partie du plan d'arpentage indiquant la croissant Newport, ville de Saint John, comt6 de Saint John, province du Nouveau -Brunswick », pr6par6 par Dillon Consulting et date du 14 novembre 2022, joint aux pr6sentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le ** **** 2023, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - 224 LU _ t: G �Z m w W OW o a - > V d d 3 _ N � CO LUIX - -- ..5 o - - g - E N , CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting the Powers and Duties of the Chief Administrative Officer of The City of Saint John By-law Number LG-19 An uncertified copy of this by-law is available online Arrete relatif aux attributions du directeur general de The City of Saint John Arrete numero LG-19 Une copie non certifiee de 1' arrete est disponible en ligne WOU -2- TABLE OF CONTENTS Section Description Recitals 1 Title 2 Definitions 3 Interpretation 4 References 5 Designations 6 Powers & Duties TABLE DES MATIERES Page Article Designation Pr&ambule 3 1 Titre 3 2 Definitions 4 3 Interpretation 5 4 Rd&rences 5 5 Designations 5 6 Attributions Page 3 3 4 5 5 5 PGOAM -3- RECITALS WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will establish and define the powers and duties of the chief administrative officer; AND WHEREAS, section 81 of the Local Governance Act, S.N.B. 2017, c. 18, provides that the chief administrative officer of a local government has the powers and duties that the council prescribes by by-law or resolution; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this by- law was discussed, was provided in accordance with the provisions of the Local Governance Act. NOW THEREFORE, the Common Council of The City of Saint John, enacts as follows: Title 1 This By-law may be cited as the Chief Administrative Officer By -Law (hereinafter the `By-law"). Definitions PREAMBULE ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a etablir et definir les attributions du directeur general; et ATTENDU QUE, Particle 81 de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que le directeur general d'un gouvernement local exerce les attributions que prescrit le conseil par voie d'arrete ou de resolution; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur la gouvernance locale. A CES CAUSES, le conseil communal de The City of Saint John edicte : Titre 1 Le present arrete peut etre cite sous le titre Arrete du directeur general (ci-apres « 1'arrete » ). Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s'appliquent au law. present arrete. "Acting CAO" means a member of the Executive Leadership Team of the City authorized, in writing, by the CAO to act in such capacity; (directeur general par interim) "CAO" means the chief administrative officer of the City and includes the Acting CAO; (directeur general) directeur general par interim » designe un membre de 1'equipe de direction de la municipalite autorise, par ecrit, par le directeur general a agir en cette qualite; (Acting CAO) directeur general » designe le directeur general de la municipalite et comprend le directeur general par interim; (CAO) "City" means The City of Saint John; o municipalite » designe The City of Saint John; (municipalite) (City) PIN:] "Common Council" means the elected municipal council of the City. (conseil communal) Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by- laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. conseil communal » designe les membres elus du conseil municipal de la municipalite. (Common Council) Interpretation 3 Les regles d'interpretation suivantes s'appliquent au present arrete comme suit: a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent etre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. OR] -5- References 4 The term "City Manager" when used in any by-law, resolution, policy, program or other document of the City, or any contract, agreement, purchase order or other instrument to which the City is a party, shall mean the CAO under this By-law. Designations 5 The CAO shall designate an Acting CAO for any period of absence and shall inform the Mayor and Common Council of said designation. Powers & Duties 6(1) The CAO shall exercise the powers and perform the duties and functions established under this By-law. 6(2) Subject to any applicable collective agreement or statute, the CAO is authorized to hire for all staff positions of the City. 6(3) Subject to any applicable collective agreement or statute, the CAO is authorized to approve payment in lieu of notice for termination of employment of a City employee if the amount of said payment falls within the City's budget. 6(4) Subject to any applicable collective agreement or statute, the CAO is authorized to approve severance pay to a City employee if the amount of said pay falls within the City's budget. References 4 Lorsqu'utilise dans tout arrete, resolution, politique, programme ou autre document de la municipalite, ou tout contrat, entente, bon de commande ou autre instrument auquel la municipalite est partie, le terme « directeur municipal » designe le directeur general en vertu du present arrete. Designations 5 Le directeur general designe un directeur general par interim pour toute periode d'absence et informe le maire et le conseil communal de cette designation. Attributions 6(1) Le directeur general exerce les attributions etablies en vertu du present arrete. 6(2) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a embaucher pour tous les postes de la municipalite. 6(3) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a approuver le versement d'une indemnite tenant lieu de preavis pour la cessation d'emploi d'un employe de la municipalite pourvu que le montant dudit versement entre dans le budget de la municipalite. 6(4) Sous reserve de toute convention collective ou loi applicables, le directeur general est autorise a approuver l'indemnite de depart d'un employe de la municipalite pourvu que le montant dudit versement entre dans le budget de la municipalite. P49191 IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By-law the day of , A.D. 2023 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2023, avec les signatures suivantes : Mayor/Maire City Clerk/ Greffier de la municipalite First Reading - February 21, 2023 Premiere lecture - le 21 fevrier 2023 Second Reading - February 21, 2023 Deuxieme lecture - le 21 fevrier 2023 Third Reading - Troisieme lecture - 231 Staff Recommendation for Council Resolution Property: 54-58 Broad Street and 57 Broadview Ave Public Hearing: Held on February21, 2023 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue, also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Other No 3rd Readina: March 6. 2023 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 400 square metres, located at 58 Broad Street and 67 Broadview Avenue, also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC). Recission of Yes That Common Council rescind the Section 59 conditions Previous s. 39/s. imposed on the November 15, 2021, rezoning of the 59 Conditions property located at 54 Broad Street, also identified as PID Numbers 00000232 and 55086151. 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 1025 square metres, located at 54-58 Broad Steet and 67 Broadview Avenue also identified as PID P19% Numbers 00000232 and 55086151 and a portion of PID Numbers 55083067 and 00000224: 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, and that the elevation and site plans be attached to the permit application for the development of the parcel of land. b. 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. c. Should any municipal infrastructure improvements be required to service this proposal; it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, 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. Section 59 No Agreement Section 131 No Agreement Other No P4dc3 BY-LAW NUMBER C.P. 111-146 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 parcel of land having an area of approximately 400 square metres, located at 58 Broad Street and 67 Broadview Avenue also identified as a portion of PIDs 55083067 and 00000224 from Neighbourhood Community Facility (CFN) to Urban Centre Residential (RC) 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 March, A.D. 2023 and signed by: ARRETE NO C.P. 111-146 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 400 metres carres, situe au 58, rue Broad et 67 avenue Broadview, egalement identifie comme une partie des NIDs 55083067, et 00000224, de Zone d'installations communautaires de quartier (CFN) a Zone eesidentielle du centre-ville (RC) 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 mars 2023, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - February 21, 2023 Premiere lecture - le 21 fevrier 2023 Second Reading - February 21, 2023 Deuxieme lecture - le 21 fevrier 2023 Third Reading - Troisieme lecture - 234 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 d St' rue 6roa m c� m N a� ,,oad1J `e10 Av FROM / DE TO / A Neighbourhood Urban Centre Residential Community Facility CFN RC Zone residentielle Zone d'installations du centre-ville communautaires 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: Kaleidoscope Social Impact Location: 54-58 Broad Street & 67 Broadview Avenue PID(s)/NIP(s): 55086151, 00000232, 55083067 (portion), 00000224 (portion) Considered by P.A.C./Considers par le C.C.U.: February 7 fevrier, 2023 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: March 1 mars, 2023 235 Staff Recommendation for Council Resolution File/Application: Zoning By -Law Text Amendment — Converted Accommodation Public Hearing, 1" and 2nd Reading were held on February 21, 2023 3rd Reading - March 6, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to By -Law Number Amendment C.P. 111-XX a Law To Amend The Zoning By -Law of The City of Saint John. Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No 09Z.1 BY-LAW NUMBER C.P.111-145 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE NO C.P. 111-145 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John, 6tant r6uni, 6dicte ce qui suit : 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, 6dict6 le 15 d6cembre 2014, est December, A.D. 2014, is amended by: ainsi modifi6 : Amending Section 3.1 by adding the definition for "converted accommodation" as follows in alphabetical order: "converted accommodation means a building originally constructed as an accommodation that has been partially or fully converted into a multi -unit dwelling." 2. Adding Section 9.22 as follows: "Where permitted by this By-law, an accommodation building may be converted, in part or in full, into a multi- unit dwelling subject to the following requirements: (a) The building shall have been erected before January 1, 2023; (b) The building shall be serviced by municipal sanitary sewer and municipal water; (c) In accordance with section 6.3, amenity space shall be provided for any conversion establishing six or more dwelling units; (d) In accordance with Part 4, there shall be at least one on -site parking space for each dwelling unit in addition to those required for any other uses of the lot; (e) No animal shelter; bar, lounge or nightclub; cannabis processing facility; garden suite; industrial use, special; kennel; redemption centre; secondary suite; service station; vehicle body and paint shop or vehicle repair garage is permitted in any building on the lot." 1. L'article 3.1 est modifi6 par adjonction de la definition du terme « h6bergement transform6 » qui suit: h6bergement transforms » Batiment construit a l'origine pour servir d'hsbergement qui a depuis 6t6 partiellement on entierement transform6 en habitation multifamiliale. 2. Le nouvel article 9.22 qui suit est ajout6 : La o6 le pr6sent arr6t6 le permet, un batiment servant d'hsbergement pent e"tre transform6, entierement on partiellement, en habitation multifamiliale, sous r6serve des conditions suivantes : a) le batiment doit avoir 6t6 6difi6 avant le I' janvier 2023; b) le batiment doit e"tre desservi par les rsseaux municipaux d'6gouts et d'alimentation en can; c) conformsment a Particle 6.3, un espace d'agrsment doit titre am6nag6 dans le cas de tome transformation 6tablissant six logements on plus; d) conform6ment a la partie 4, it doit y avoir an moins un emplacement de stationnement sur les lieux pour chaque logement en plus de ceux exig6s pour les autres usages exerc6s sur le lot; e) les refuges pour animaux, bars, salons -bars on boites de nuit, installations de transformation du cannabis, pavillons jardins, usages industriels particuliers, chenils, centres de remboursement, logements accessoires, stations - service, ateliers de d6bosselage et de peinture de v6hicules et garages de r6paration de v6hicules ne sont 237 3. Amending Section 11 by adding to Table 11-1 the following words under the following headings: Use Zone Permitted Converted CC, CU, CBP, CG Accommodation 4. Amending Subsection 11.1(1) by adding the words "Converted Accommodation" immediately before the words "Cultural Establishment" 5. Amending Subsection I IA(1) by adding the words " Converted Accommodation" immediately before the words " Day Care Centre" 6. Amending Subsection 11.5(1) by adding the words "Converted Accommodation" immediately before the words "Day Care Centre" 7. Amending Subsection 11.7(1) by adding the words "Converted Accommodation" immediately before the words "Day Care Centre" IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the * day of *, A.D. 2023 and signed by: Mayor/Maire permis dans aucun batiment situ6 sur le lot. 3. L'article 11 est modifis par adjonction, an tableau 11-1, de cc qui suit sous les rubriques suivantes : Usage Zone ou permis H6bergement CC,CU,CBP,CG transforms 4. Le paragraphe 11.1(1) est modifis par insertion de « hsbergement transforms; » immsdiatement avant installation de communication; v. 5. Le paragraphe IIA(1) est modifie par insertion de « hsbergement transforms; » immsdiatement avant installation de communication; ». 6. Le paragraphe 11.5(1) est modifis par insertion de « hsbergement transforms; v immsdiatement avant installation de communication; ». 7. Le paragraphe 11.7(1) est modifis par insertion de « hsbergement transforms; v immsdiatement avant institution fmancisre; v. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prssent arr6t6 le 2023, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - February 21, 2023 Premiere lecture Second Reading - February 21, 2023 Deuxisme lecture Third Reading - Troisisme lecture le 21 fsvrier 2023 le 21f6vrier 2023 238 239 COMMON COUNCIL REPORT M&C No. 2023-60 Report Date March 02, 2022 Meeting Date March 06, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Grants Program 2023 AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jennifer Kirchner Jacqueline Hamilton J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: Approve the recommendations of the Community Grants Committee for the granting of funding to the successful applicants for the 2023 Community Grants Program, as indicated in M&C Report 2023-60. EXECUTIVE SUMMARY The Community Grants Program was adopted by Common Council in 2014 for the purpose of providing financial support for the operational needs of community organizations, projects, and/or special events. A Community Grants Evaluation Committee was created and is now comprised of two community members, two members of Common Council, and two City of Saint John staff. The evaluation process considers community needs, the social impact of the organization's service, project, or event; its history in serving the community, its alignment with Council Priorities, and its organizational strengths and financial responsibility. There is a funding envelope of $184,000 designated for the 2023 Community Grants Program, which is included in the approved 2023 General Fund Operating Budget. The Community Grants Evaluation Committee's primary task is to review, evaluate, and identify funding allocations according to adopted program guidelines and report back to Common Council with recommendations. While the task of selecting the successful recipients of the grant is always a challenging exercise, the Committee is very excited with the extensive and Q,IK -2- valuable programming and supports the grant will unlock in the Saint John community throughout 2023. REPORT The 2023 Community Grants Evaluation Committee evaluated 33 grant applications for organizational support, community projects, and special events, totaling over $380,547 in requests. The City of Saint John's Community Grants Program aims to provide not a handout but a 'hand up' to the many organizations who give back to the community one hundredfold. Saint John is fortunate to benefit from a vibrant and diverse community sector, which provides valuable programming and supports to residents. The City's commitment to Community Grants is indicative of the vital role community groups play in Saint John and the broader value proposition we collectively offer to those who live in our City. Upon the approval of Common Council, funds granted to the recommended applicants will translate into outstanding benefits for the Saint John community. To highlight just a few, the City of Saint John will support: • Organizations, programs, and events that support diversity, equality, and inclusiveness. • Advocacy and services for citizens and children living in poverty, including food security, shelter, and skill development. • Community/Seniors Centres and other community spaces that offer a safe and affordable place to gather in our communities. • Art, music, and entertainment to nurture performers and artists, as well as citizens. • Celebrations that recognize cultural diversity. • Resources and support for newcomers. • Educational opportunities for youth. MI -3- The Committee is pleased to recommend grant funding for the following applications for 2023: Application Grant Allocation Bee Me Kidz $12,500 Big Brothers Big Sisters $10,000 CHROMA $10,000 Denis Morris Community Centre $6,000 First Steps Housing $7,500 Human Development Council $15,000 Jewish Historical Museum $3,650 KMB Outing Association $6,000 L'Arche $7,500 Martinon Community Clubhouse $6,000 Outflow Ministries $12,500 Portland United Church $1,000 PRUDE $15,000 READ Saint John $3,000 Red Latin Southwest $2,350 Seniors Resource Centre $6,000 Shining Horizons $12,000 SJ Newcomers $20,000 Sphere Adventure Programs $3,000 Stonehammer Geopark $4,000 Tucker Park $8,000 West Side Days $10,000 We Believe $3,000 TOTAL $184,000.00 The following applications are not recommended to receive funding from the 2023 Community Grants Program: • Brilliant Labs • Forest Hills Church • Fundy Gymnastics • Junior Achievement • Marathon by the Sea • SJ Model Railroaders -4- • NB Medical Education • Saint John Soccer Club • SJ Tool Library • Thistle St. Andrew As mentioned earlier in this report, there are various criteria upon which all applications are scored. This evaluation, along with a review of the application's eligibility for the program, form the basis for the Evaluation Committee's funding recommendations. It must also be recognized that there is a finite envelope of funding available. As a result, applications may have significant merit and potential benefits to the community; however, they may not be approved based on the evaluation outcomes of all applications submitted in any given year. Any successful applicants in 2023 will be required to sign a memorandum of understanding prior to receiving their funding, which will require a commitment to submit an end -of -year report and return any unused funding. PREVIOUS RESOLUTION March 7, 2022- RESOLVED that as recommended in the submitted report M&C 2022-061: Community Grants Program 2022, Common Council approve the successful applicants for the 2022 Community Grants Program, as follows: • You Can Ride Two - $1,000 • Hillcrest Church - $1,500 • NB Music Festival - $2,000 • West Side Trail - $2,000 • United Colours of Fashion - $4,000 • L'Arche - $5,000 • SJ Tool Library - $5,000 • CHROMA - $6,000 • KBM - $6,000 • Lorneville Community Centre - $6,000 • Martinon Community Centre - $6,000 • Milford Community Centre - $6,000 • Seniors Resource Centre - $6,000 • Tucker Park Recreation - $6,000 • Sophia Recovery Centre - $6,500 • Saint Johns Trojans - $7,000 • Outflow Men's Shelter - $10,000 • Sistema - $10,000 Pz191 - 5 - • Elizabeth Fry Society - $10,500 • Bee Me Kidz - $11,000 • Shining Horizons - $11,000 • Human Development Council - $15,000 • PRUDE - $15,000 • SJ Newcomers Centre - $19,500 STRATEGIC ALIGNMENT The Community Grants Program aligns with Common Council's Priorities to support opportunities for growth and prosperity, and to foster a vibrant city through investment in arts, culture, and recreation experiences that create asense of community pride. Supporting a community -based model for the delivery of recreation opportunities is also a key principle of Play SJ. SERVICEAND FINANCIAL OUTCOMES The 2023 General Fund Operating Budget included a total envelope of $184,000 for the Community Grants Program. Should the recommendations outlined in this report be approved by Common Council, the total envelope would be dispersed. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • The Community Grants Evaluation Committee provided the funding allocation recommendations indicated in this report. • The Community Grants Program is administered by the City ofSaintJohn Growth and Community Services. ATTACHMENTS 1. Appendix -Summary Table of Applications Received for 2023 Community Grants Program QUE11 APPENDIX SUMMARY TABLE OF APPLICATIONS RECEIVED FOR THE 2023 COMMUNITY GRANTS PROGRAM Bee Me Kidz 20,000 12,500 Big Brothers Big Sisters 24,999 10,000 Brilliant Labs 15,000 0 CH RO MA 20,000 10,000 Denis Morris Community Centre 10,000 6,000 Forest Hills Church 5,000 0 First Steps Housing 20,000 7,500 Fundy Gymnastics 5,000 0 Human Development Council 24,999 15,000 Jewish Historical Museum 3,650 3,650 Junior Achievement 5,000 0 KBM Outing Association 10,000 6,000 L'Arche 10,000 7,500 Marathon by the Sea 10,000 0 Martinon Community Clubhouse 6,500 6,000 SJ Model Railroaders 2,500 0 SJ Medical Education 51200 0 Outflow Ministries 15,000 12,500 Portland United Church 1,000 1,000 PRUDE 20,000 15,000 READ Saint John 12,000 3,000 Red Latin Southwest 4,000 2,350 Saint John Soccer Club 5,000 0 Seniors Resource Centre 6,000 6,000 Shining Horizons 24,999 12,000 SJ Tool Library 9,000 0 SJ Newcomers 22,575 20,000 Sphere Adventure Programs 13,625 3,000 Stonehammer Geopark 6,000 4,000 Thistle St. Andrews 2,500 0 Tucker Park 18,000 8,000 West Side Days 20,000 10,000 WE Believe 3,000 3,000 TOTAL 380,547 184,000 COMMON COUNCIL REPORT M&C No. 2023-51 Report Date March 02, 2023 Meeting Date March 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Affordable Housing Grant Program — PolicyAmendment AUTHORIZATION Primary Author Commissioner/Dept. Chief Growth Head Administrative Committee Officer Chair Andrew Reid Jacqueline Hamilton J. Brent Councillor McGovern Joanna Killen RECOMMENDATION Growth Committee recommends that Common Council amend the Affordable Housing Grant Program Policy, as presented to Growth Committee on February 22, 2023, to ensure viable projects are not excluded from consideration on technicality. EXECUTIVE SUMMARY Growth Committee met on February 22nd, 2023 to consider an amendment to the Affordable Housing Grant policy. Staff are requesting that the Affordable Housing Grant policy be slightly amended by adding a modified statement [as highlighted], to ensure that projects which are currently undergoing a planning approval process, but demonstrate a high level of project readiness, can be given due consideration by the Evaluation Committee during the scoring process. "6.1 Project Readiness Projects are prioritized by their "shovel readiness."A project must meet the following: a. For a project to be considered for the Affordable Housing Grant, all planning approvals [must have been applied for or] be in place. Prior to execution of a grant agreement with the City, planning approvals include confirmation that the project is in compliance with the Municipal Plan and Zoning By-law..." -2- PREVIOUS RESOLUTIONS On January 10, 2023, Common Council adopted the Affordable Housing Grant Program. REPORT Following the adoption of the Affordable Housing Grant Program, the first Grant Cycle was opened between January 101h to February 81h. The intention of the Grant Program was to prioritize municipal commitment of grant funds towards those projects that would have the largest impact and be at the highest level of readiness to proceed. The policy was adopted by Common Council as a standalone policy to distribute an $800,000 envelope of funding received from the Regional Development Corporation. Under Section 6.1 of the Policy, Project Readiness is defined as the following: "6.1 Project Readiness Projects are prioritized by their "shovel readiness." Prior to application, a project must meet the following: a) For a project to be considered for the Affordable Housing Grant, all planning approvals must be in place. Planning approvals include confirmation that the project is in compliance with the Municipal Plan and Zoning By-law..." Given the three to four month process required for a Municipal Plan or Zoning By-law amendment, the policy sought to eliminate projects without these approvals at the application intake stage. The policy, however, does not adequately address projects which have a zoning by-law amendment in process. The proposed amendment seeks clarity on this aspect. During the first grant cycle, several applications received involved projects which were undergoing a Zoning By-law amendment process prior to the February 81h closure date. These projects have a high level of readiness and meet the intent of the policy, and therefore should not be screened out on the technicality of 6.1(a). Staff are requesting that the Grant policy, therefore, be amended to ensure that these projects can be given due consideration by the Evaluation Committee during the scoring process, given that the projects align with the objectives of the Grant policy. "6.1 Project Readiness Projects are prioritized by their "shovel readiness. "A project must meet the following: a) For a project to be considered for the Affordable Housing Grant, all planning approvals must have been applied for or be in place. Prior to execution of a grant agreement with the City, planning approvals include Q,IVA -3- confirmation that the project is in compliance with the Municipal Plan and Zoning By-law..." STRATEGIC ALIGNMENT 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. SERVICEAND FINANCIAL OUTCOMES This amendment will not result in any service or financial outcomes. There is the potential that the amendment may help the municipality evaluate a broader list of applications which will in turn leverage additional grant programs such as the Rapid Housing Initiative. The Affordable Housing Grant program will utilize a one-time investment of $800,000 in operating funds as established in the 2022 budget adjustment. The $800,000 fund is a portion of funding that was allocated to the City from the Regional Development Corporation in the Spring of 2022. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Policy amendment was reviewed by Growth and Community Services, Finance, and the General Counsel Office. ATTACHMENTS Attachment 1—Amended Affordable Housing Grant Program Q, 11:3 SAINT ►OHN Title: Affordable Housing Grant Program Policy Subject: Affordable Housing Grant Program Category: Growth and Community Services Policy No.: GCS- M&C Report No.: 2023-002 Effective Date: 10 January 2023 Next Review Date: 01 January 2024 Area(s) this policy applies to: Growth and Community Office Responsible for review of this Policy: Services Growth and Community Services Related Instruments: Policy Sponsors: M&C 2022-304 Affordable Housing Action Plan Commissioner of Growth and Community Services M&C No 2022-195 Finance Committee: Regional Development Corporation (RDC)/Federal Government Public Transit and Housing Fund Document Pages: This document consists of 7 pages. Revision History: Common Clerk's Annotation for Official Record Date of Passage of Current Framework:_ I certify that this Policy was adopted by Common Council as indicated above. Common Clerk Date Date Created: Common Council Approval Date: Contact: 2023-01-09 2023-01-09 Growth and Community Services Contents 1. Program Background................................................................................................................................1 2. Policy Statement.......................................................................................................................................1 2.1 Policy and Program Evaluation...........................................................................................................1 3. Definitions.................................................................................................................................................1 4. Goals..........................................................................................................................................................2 5. Affordable Housing Grant Overview......................................................................................................... 2 5.1 Grant Description................................................................................................................................3 5.2 Grant Cycles........................................................................................................................................ 3 5.3 Eligible Expenditures...........................................................................................................................3 5.4 Disbursement of Grant Funds.............................................................................................................4 6. Project Eligibility Requirements................................................................................................................4 6.1 Project Readiness................................................................................................................................4 6.2 Project Eligibility..................................................................................................................................4 7. Grant Evaluation Criteria..........................................................................................................................5 7.1 Grant Committee................................................................................................................................5 7.2 Evaluation Criteria...............................................................................................................................5 7.3 Bonus Evaluation.................................................................................................................................6 8. Administration..........................................................................................................................................6 9. Budgeting and Payment of Grants............................................................................................................7 M9,191 City of Saint John Affordable Housing Grant Program Policy 1. Program Background The following program provides a framework for increasing the number of affordable housing units in Saint John's residential inventory. The program is aligned with Federal and Provincial Programs and implements the objectives of the City's Affordable Housing Action Plan. 2. Policy Statement The City of Saint John supports the development of affordable housing throughout the City's Primary Development Area, as defined by the Municipal Development Plan. The purpose of the Affordable Housing Grant Program (AHGP) is to increase the number of affordable rental units on the City's housing market and ensure those units remain affordable, long term. 2.1 Policy and Program Evaluation The AHGP will be monitored throughout each grant cycle for number of affordable housing units committed. At the end of the first grant cycle, Staff will provide an update to Growth Committee that provides the total number of affordable units, the breakdown of unit structure, and the estimated timeline for construction and occupancy. 3. Definitions "Affordable Housing Rental Program" means the Program administered by the Province of New Brunswick's Department of Social Development to provide capital grant funding towards the creation of new housing units for low- and moderate -income households in New Brunswick. "Affordable housing unit" is defined by the Province of New Brunswick's Social Development Department (SD) through its Affordable Housing Rental Program and/or Canada Mortgage and Housing Corporation (CMHC). CMHC programs range in depth of affordability. In the case of CMHC's Rapid Housing Initiative, affordable housing unit means a unit that provides a minimum depth of affordability where tenants pay no more than 30% of their before -tax income on housing costs and the unit remains affordable for a minimum of 20 years. Affordable unit must meet, at minimum, the definition of CMHC's Co -Investment Fund, where affordable housing unit means a unit that must be less than 80% of the Median Market Rent and be maintained for a minimum of 20 years. "CMHC/Federal Funding Programs" means the suite of funding offered by Canada Mortgage and Housing Corporation which includes but is not limited to the National Housing Co -Investment Fund and Rapid Housing Initiative. "Construction costs, material or labour" means the total cost of construction of the building including site preparation, mechanical and electrical components. 251 "Non-profit developer" means a corporation no part of the income of which is payable to or otherwise available for the personal benefit of any proprietor, member, or shareholder thereof. "For -profit developer" means a registered corporation that develops and provides housing. "Townhouse" means a building containing two or more dwelling units arranged side by side each with an independent exterior entrance and separated vertically by a common wall extending from the foundation to the roof. "Vacant building" means the building has been vacant for at least one year and was either (1) previously used as an institutional building, or (2) has a minimum of 20% floor space that lacks basic facilities or is substantially damaged to the extent that the new facilities must be installed or the new components must be replaced or reconstructed to meet the By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises. 4. Goals Success of the AHGP will be determined by the number of affordable housing units to which the Program contributes and depth of their affordability. The Affordable Housing Grant Program is designed to achieve the following outcomes: • Address the following gaps in the local housing continuum identified in the Affordable Housing Action Plan: Supportive/special needs housing, housing to the most vulnerable households, and affordable rental housing; • Fulfilling the Affordable Housing Action Plan's principle of promoting public investment for public benefit; • Effective and meaningful distribution of funds to shovel -ready projects; • Supporting non-profit housing projects in providing long-term affordable housing options; • Incentivizing the use of the Province's Affordable Rental Housing Program; and, • Incentivizing deeply affordable housing units 5. Affordable Housing Grant Overview The Affordable Housing Grant provides additional funding to projects approved under the Province of New Brunswick's Affordable Rental Housing Program and CMHC funding Programs. It is designed to provide additional funds to non- and for -profit developers via a "top up" grant to be used to directly impact the success and sustainability of the affordable dwelling unit. The Affordable Housing Grant will prioritize projects that meet the project readiness definition described in section 6.1 and are experiencing fiscal constraints. PM 5.1 Grant Description The Affordable Housing Grant consists of two tiers of grants based on non- and for- profit developers. Each tier provides a baseline grant and opportunity to access additional funding for innovative solutions to identified market gaps or issues. a) Tier 1: Non -Profit Development A Tier 1 grant base amount of $10,000 per affordable unit to a maximum of $200,000 per project is available to any non-profit developer that meets the program's eligibility requirements. An additional $50,000 is available in bonus funds for market gap solutions. Market gap solutions are determined by the City's Grant Committee. b) Tier 2: For -Profit Development A Tier 2 grant base amount of $8,000 per affordable unit to a maximum of $160,000 per project is available to any for -profit developer that meets the program's eligibility requirements. An additional $50,000 is available in bonus funds for market gap solutions. Market gap solutions are determined by the City's Grant Committee. 5.2 Grant Cycles a) Grant Cycle 1 opens after Council's adoption of the AHGP and closes after 30 days. b) Grant Cycle 1 prioritizes projects according to the highest point value awarded in Section 7.1 and 7.2. If there are remaining funds that have not been committed after 30 days, a second cycle will open and run for 90 days before closing and so on until all funds are committed. c) Funds may be committed during the second and subsequent grant cycles, previous to the 90 day cycle closing to ensure an expedited process for shovel -ready projects. 5.3 Eligible Expenditures a) The following expenditures are eligible under the Affordable Housing Grant: • Construction costs, materials; • Construction costs, labour; • Construction costs, other; at the discretion of the City's Staff Committee; • Consultant fees for professional services (e.g. drawings and design); and • Shared amenity costs such as appliances for shared laundry facilities, appliances or equipment for shared spaces like community rooms, storage or bicycle lockers, or other expenditures at the discretion of the City's Staff Committee. The cost of individual unit furnishings including furniture and appliances are not eligible. PW 5.4 Disbursement of Grant Funds a) The Affordable Housing Grant is disbursed upon completion of the project and issuance of an occupancy permit. b) Substantial revisions to the building permit submission attached to the application form, including but not limited to the reduction in number of affordable units, may void the application or require the application be resubmitted. 6. Project Eligibility Requirements 6.1 Project Readiness Projects are prioritized by their "shovel readiness." A project must meet the following: a) For a project to be considered for the Affordable Housing Grant, all planning approvals must have been applied for or be in place. Prior to execution of a grant agreement with the City, planning approvals include confirmation that the project is in compliance with the Municipal Plan and Zoning By-law. b) The project must be aligned with the overall vision and objectives of the City's Affordable Housing Action Plan. c) Projects are encouraged to attach their building permit application to the grant application. The project will be considered ineligible should an applicant not obtain a building permit for the project within 12 months of applying for a grant, provided the applicant has participated in a pre -application meeting. d) Projects which have undertaken site preparation work or obtained a building permit but have not advanced past the pouring of foundations are eligible to apply for an Affordable Housing Grant. e) Confirmation of project readiness will be determined by City Staff at the time of the grant application. 6.2 Project Eligibility Each project shall meet the following criteria prior to entering into a grant agreement for an Affordable Housing Grant with the City of Saint John: a) The project shall be located within the Primary Development Area as defined by the City's Municipal Plan; b) The project shall be located within an Intensification Area as defined by the City's Municipal Plan or within a 1 kilometre radius of a transit stop; !9 Ne"I c) The project shall be appropriate to the area as determined by compliance with the Municipal Plan and Zoning By-law; d) Proof of funding sources including confirmation of Federal or Provincial funding and/or confirmation of funds from a Canadian Financial Institution shall be provided. The project must have received a letter of support through the Province's Affordable Rental Housing Program or a letter of intent through a CMHC Funding Program. e) The Grant Committee reserves the right to determine whether the application is complete or incomplete. 7. Grant Evaluation Criteria 7.1 Grant Committee Each Affordable Housing Grant Application is evaluated by a committee of Staff. The role of the Committee is to confirm eligibility of applications and evaluate each application in the context of the Policy criteria contained within this policy. a. The Committee shall be comprised of, at minimum, one Staff from the Department of Finance; one Staff from the One Stop Development Shop; two Staff from Growth and Community Development Services; and one Staff that represents the City's Legal Counsel. Membership in the Committee is not to exceed 7 Staff. b. Members of the Committee shall be approved or removed by the Commissioner of Growth and Community Services. c. The Grant Committee will meet to review applications as needed at the closing of the first grant cycle, and as needed during each subsequent grant cycle according to the evaluation criteria. d. Funding will be committed in the order of the projects that score the highest number of points according to the evaluation criteria. Eligible projects that are not selected during the first cycle may be added to a waitlist and will be evaluated against projects in the subsequent grant cycle. 7.2 Evaluation Criteria To determine priority of funding per each grant cycle, each application will be evaluated under the following point structure. a. Affordable Unit Count (1 point per unit) b. Project is located within an Intensification Area as defined by Schedule A of the Municipal Plan (5 points) c. Application includes a building permit submission with full set of drawings, including site plan and floor plans or letter of commitment from the Department of Social Development (5 points) 7.3 Bonus Evaluation An additional $50,000 is available per project to support innovation and market gap solutions. a. Three Bedroom Units or Townhouses A project proposing one or more affordable three -bedroom units or townhouse units are eligible for an additional $2,500 per unit up to a maximum of $50,000. (1 point per three -bedroom or townhouse unit) b. Retrofitting Existing Buildings A project which retrofits a vacant building into affordable units is eligible for an additional $5,000 per unit up to a maximum of $50,000. (0.5 point per retrofitted unit) c. Accessibility Standards A project which achieves better than minimum standards for accessibility towards new development or retrofitting is eligible for an additional $2,500 per unit up to a maximum of $50,000. (1 point per each additional accessible unit on top of provincial requirement) d. Energy Efficiency Project seeking to provide a high degree of energy efficiency to ensure long term affordability by meeting 2017 National Energy Code requirements will receive up to $50,000. (3 points) e. Other Other gaps identified by the applicant may be considered by the Committee for a maximum of $2,500 per unit up to a maximum of $25,000. 8. Administration a. Applications for the Affordable Housing Grant shall be made by completing an application form (Attachment 1 —Application Form). b. Applications may be approved subject to the approval of a building permit. c. The Committee's decisions on applications are final. d. Applications and grant disbursement are subject to fund availability. e. Legal names of the property owner(s) are required and if an applicant is acting on behalf of the owner, property authorization from the owner of the property. f. Applications will not be considered if construction has already commenced on the project, as defined by the date at which the pouring of the footings or foundation has begun. C: g. Once a building permit has been applied for, the developer shall enter into a grant agreement with the City that outlines the terms of the grant disbursement. The agreement may consider additional requirements the City determines to be necessary to secure the long-term affordability of the eligible dwelling units (Attachment 2 — Grant Agreement Template). h. All costs associated with the preparation and submission of an application under this Policy are the responsibility of the applicant. The City shall not pay any costs incurred by an applicant in the preparation and submission of an application under this policy, or any costs incurred in relation to the execution and delivery of a Grant Agreement. Fulfillment of bonus criteria which was applied for may be audited at the expense of the applicant upon project completion. 9. Budgeting and Payment of Grants a. The total grant cannot comprise more than 50% of the overall construction costs as determined at the time of building permit application; b. The City will only enter into a Grant Agreement the total value of which does not exceed $250,000 per project. c. Notwithstanding Section 5.4(a), disbursement of funds may occur earlier, prior to issuance of an occupancy permit, should a special need arise. A business case must be provided to the Grant Committee. The terms and conditions of disbursement will require Common Council approval through a unique grant agreement. d. Should a grant expire, the funds allocated to that project will revert to the Grant Reserve Fund and the next eligible project will be evaluated. e. Prior to payment of any grant under this Policy, the City may withhold payment should any of the following be determined: i. The property taxes and/or water and sewage fees for the property have not been paid in full, or, ii. The property is in violation of City By-laws including but not limited to the Building By- law, Zoning By-law, or Municipal Plan. III P49YA COMMON COUNCIL REPORT M&C No. 2023-57 Report Date February 28, 2023 Meeting Date March 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Community Services Reserve AUTHORIZATION Primary Commissioner/Dept. Chief Administrative Growth Committee Author Head Officer Chair David Jacqueline Hamilton J. Brent McGovern Councillor Killen Dobbelsteyn RECOMMENDATION Growth Committee recommends that Common Council establish a Community Services Reserve Fund from $800,000 in initial seed funding that was budgeted as part the 2023 Operating Budget and that Common Council approve the Community Services Reserve Policy as attached to M & C 2023-57, which will guide the use of this fund. EXECUTIVE SUMMARY As part of 2023 Budget deliberations, upon the recommendation of the Finance Committee, Council allocated $800,000 for a Community Services Reserve. This report outlines existing reserves under the oversight of the Growth Committee, and ultimately the authority of Common Council and recommends the adoption of a Community Services Reserve policy to assist the City in the use of this fund to implement Common Council's priorities, particularly as they relate to enhancing quality of life in Saint John. At its meeting of February 23rd, 2023, Growth Committee requested that staff present the policy to Council for endorsement with an amendment to funding limits. This change is outlined in the INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS section of this report. The proposed Community Services Reserve policy is attached to this report. PIRI.13 -2- PREVIOUS RESOLUTION Growth Committee endorsed the Recommendation at its open session meeting on February 22nd, 2023 and referred the policy to Council for approval. REPORT As part of 2023 Budget deliberations, upon the recommendation of the Finance Committee, Council allocated $800,000 for a Community Services Reserve. Staff have created a draft policy based on the feedback of Council from the 2023 Budget process and various departments at that time. During these deliberations it was discussed that this reserve would enable the City to take action on implementing new actions and programming related to affordable housing, dangerous buildings, minimum standards, and social programs among others. Staff have also conducted a summary review of existing reserves that are overseen by the Growth Committee to ensure alignment, and to avoid overlap of reserve. The summary of that review is attached to this report. Community Services Reserve Established: March 2023 - proposed Type: Operating Reserve Approximate Unrestricted Funds: $800,000 How is the reserve renewed: To be determined after 24-month review period. Summary A fund created by Council to enhance Quality of Life initiatives and support the City's community and social inclusion agenda in the City of Saint John Select Criteria: The purpose and exclusive use of this reserve is for supporting innovation, piloting & testing new one-time initiatives intended to improve quality of life and enhance inclusion or community development in Saint John. ("Projects") All Projects must give strong evidence that the completion of the Project will lead to increased quality of life in Saint John or will advance the city's interests in promoting inclusion and community development as confirmed by Growth Committee ("Community Services Agenda"). The Fund may be used to advance Council's Community Services Agenda by: • Funding the investigation and implementation of new municipal models or existing services that enhance capacity specifically related to housing development, homelessness, community enhancement, inclusion, K&I -3- community centres, or other services whose delivery advances the City's Community Services Agenda as identified by the Growth Committee. • Developing or resourcing existing, or new municipal strategies that specifically advance Council's Community Services Agenda. • Supporting non -recurring third -party Projects provided it does not contravene the City's Grant Policy FAS — 023 No more than $250,000 should be designated from the Fund for any specific Project, unless recommended by Growth Committee on the merits of a substantiated business case "Business Case". Other Reserves: See - Summary of Reserves under the oversight of Growth Committee as attached to this report. Other Grants • In addition to funding through the reserves, Council has the ability to support projects that align with their priorities through existing and grant programs such as: o Heritage Grants - $80,000 o Community Arts Board Grants — $70,000 o Land for Public Purposes Grant — Up to $50,000 o Unspecified Grants * — $234, 000 o Development Incentives** - $220,000 New/ Changes in 2023 o Affordable Housing Grant Program- $800,000 in available funds. o Unspecified Grants*—$234,000 ■ $184,000 for Community Grants —some as 2022 ■ $20,000 for permanent ethnocultural grant program as identified the in the newly approved Saint John Immigration Strategy ■ $30,000 — for flexibility for Council to fund external requests to support diversity and inclusion initiatives that fall outside of existing programs o Development Incentives** - $220,000 ■ Beautification Grants - $60,000 for North End and Central Peninsula, with a minimum of $30,000 reserved for North End projects. ■ Urban Development Incentives - $160,000 M091 -4- STRATEGIC ALIGNMENT GROW We enable population and business growth by focusing on key infrastructure investments, strategic communications, service delivery, and partnerships to achieve growth initiatives that align with the principles of smart growth in PlanSJ BELONG We enhance the quality of life and social well-being in a safe place to live; offering recreation, arts, and cultural opportunities that align with PlanSJ, PlaySJ and other related plans PERFORM We ensure the City is accountable for results in delivering public service by adhering to its plans, policies, procedures, and best practices. SERVICEAND FINANCIAL OUTCOMES Council Allocated $800,000 in the 2023 Operating Budget to be used for the Community Services Reserve This new Community Services Reserve policy guides the use for this fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report has been drafted in consultation with Growth and Community Services, Strategic Services, General Counsel Office and the office of the Chief Administrative Officer. Growth Committee reviewed the matter at its open session meeting on February 22nd, 2023, and endorsed the Policy while directing staff to bring the policy to Council with an amendment to the funding limit with a substantiated business case. This amendment is illustrated here: Original 2.7. No more than $250,000 should be designated from the Fund for any specific Project. PM -5- Revised 2.7. No more than $250,000 should be designated from the Fund for any specific Project, unless recommended by Growth Committee on the merits of a substantiated business case "Business Case". ATTACHMENTS • Community Services Reserve — Policy • Summary of Reserves under the oversight of Growth Committee KIM SAINT ►OHN Title: Community Services Reserve Policy Subject: Community Services Reserve Policy Category: Growth and Community Services Policy No.: M&C Report No.: 2023-57 Effective Date: March 6, 2023 Next Review Date: March 6, 2025 Area(s) this policy applies to: Cross Corporate Office Responsible for review of this Policy: Growth and Community Services Related Instruments: Policy Sponsors: FAS-003 Operating and Capital Reserves Policy Commissioner of Growth and Community Services FAS 023 - Grant Policy Document Pages: This document consists of 7 pages. Revision History: Common Clerk's Annotation for Official Record Date of Passage of Current Framework:_ I certify that this Policy was adopted by Common Council as indicated above. Common Clerk Date Date Created: Common Council Approval Date: Contact: 2023- 03- 01 Growth and Community Services City of Saint John Community Services Reserve SAINT JOHN Contents 1. POLICY STATEMENT..........................................................................................................................3 2. EVALUATION CRITERIA AND PERMITTED USE OF THE FUND.......................................................... 3 3. BUSINESS CASE.................................................................................................................................5 4. RESPONSIBILITIES.............................................................................................................................6 S. FUNDING THE RESERVE....................................................................................................................7 2 City of Saint John Community Services Reserve SAINT JOHN 1. POLICY STATEMENT 1.1. This policy outlines the standards and guidelines that govern the management, accounting, and evaluation criteria of the Community Services Reserve ("the Fund") as established by Common Council. 1.2. The purpose and exclusive use of this reserve is for supporting innovation, piloting & testing new one-time initiatives intended to improve quality of life and enhance inclusion or community development in Saint John. ("Projects") 1.3. The City of Saint John ("the City") established the Fund with $800,000 from the 2023 Operating Budget P#W%1ILR1_11111[7►R11311AS/_T_1►17»113L I I I I a ite-L1 1a9: 9,11017 2.1. All Projects and activities this reserve will fund must take place in the Saint John City Limits ("Saint John"). 2.2. All Projects must give strong evidence that the completion of the Project will lead to increased quality of life in Saint John or will advance the city's interests in promoting inclusion and community development as confirmed by Growth Committee ("Community Services Agenda") 2.3. The Community Services Reserve is subject to compliance with FAS-003 Operating and Capital Reserves Policy. 2.4. Projects must demonstrate strong alignment with key City of Saint John strategic plans such as Council Priorities 2021-2026, PlanSJ, City of Saint John 10-Year Strategic Plan, Secondary Plan for the Central Peninsula, PlaySJ, the Succeed and Stay Immigration Strategy, the Affordable Housing Action Plan, etc. 3 PURL City of Saint John Community Services Reserve SAINT JOHN 2.5. The Fund may be used to advance Council's Community Services Agenda by: 2.5.1. Funding the investigation and implementation of new municipal models or existing services that enhance capacity specifically related to housing development, homelessness, community enhancement, inclusion, community centres, or other services whose delivery advances the City's Community Services Agenda as identified by the Growth Committee. 2.5.2. Developing or resourcing existing, or new municipal strategies that specifically advance Council's Community Services Agenda. 2.5.3. Supporting non -recurring third -party Projects provided it does not contravene the City's Grant Policy FAS — 023 2.6. The Fund may not be combined with any other municipal reserves to support Projects. 2.7. No more than $250,000 should be designated from the Fund for any specific Project, unless recommended by Growth Committee on the merits of a substantiated business case "Business Case". 2.8. Third -party organizations may not apply for this Fund, though Common Council may elect to use funds from this reserve to support the Community Services Agenda via a formal agreement with a controlled entity of the City, or an incorporated non-profit organization. 2.9. Projects that are funded through this reserve may only be resourced from the Fund for up to one year unless authorized by a subsequent resolution of Common Council. This subsequent resolution may only be provided after receiving the specific recommendation of the Growth Committee who must conduct an evaluation of a Project's specific initial outcomes. 2.10. The Fund may not be used to top up existing municipal grant programs (i.e. Community Grants, Land for Public Purposes Grant, Affordable Housing Grant, Heritage Grant, Community Arts Grant, Ethnocultural Grant), or incentives for existing municipal incentive programs. 2.11. The reserve may not be used to offset or waive fees collected by the City. !9 PUT-1 City of Saint John Community Services Reserve SAINT JOHN 2.12. Procurement for projects must align with the procurement policy of the City. 2.13. While not the primary intent of this fund, with a substantiated business case this Fund may be used provide a grant for third party capital projects that align with the City's Community Services agenda. 3. BUSINESS CASE A Business Case must: 3.1.1. Clearly outline the opportunity for the City and address how the Project will enable the City's Community Services Agenda; 3.1.2. Demonstrate good return on investment for the City and include a reasonable Economic Impact Analysis or demonstrate clear Social Return on Investment; 3.1.3. Include a detailed budget; 3.1.4. List confirmed and unconfirmed funding contributions to the Project; 3.1.5. Outline risks and liabilities associated with the Project; 3.1.6. Outline all in -kind and expenditures expected of the City, for both the up -front costs of the Project as well as future maintenance; 5 KIM City of Saint John Community Services Reserve 4. RESPONSIBILITIES 4.1. Common Council: 4.1.1. Has oversight of this policy. 4.1.2. Has sole authority to approve expenditures from the Fund. 4.2. Growth Committee: ce- .. SAINT JOHN 4.2.1. Is responsible for evaluating and recommending any and all Projects. 4.3. The Chief Administrative Officer: 4.3.1. Shall ensure compliance with the principles and requirements contained in this policy. 4.4. The Commissioner of Growth and Community Services: 4.4.1. Is responsible for assembling a cross -corporate staff team to carefully review all Projects (and accompanying business cases) and provide advice and updates to Growth Committee and Council on Projects. 4.5. The Commissioner of Finance: 4.5.1. Will perform the transfers to and from this reserve as authorized by Council; C: M1.1.13 City of Saint John Community Services Reserve SAINT JOHN 5. FUNDING THE RESERVE 5.1. The Fund is established from $800,000 in funds allocated as part of the 2023 Operating Budget. 5.2. The Growth Committee will review the activity of the fund within 24 months of the establishment of this policy and make a recommendation to Common Council as to whether the Community Services Reserve should be topped up as part of the City's annual budget process or permitted to deplete. FA 18036.1 Summary of Reserves under the oversight of Growth Committee As of February 15, 2023 Growth Reserve Established: December 2017 Type: Operating Reserve Approximate Unrestricted funds available: $325k How is the reserve renewed: Operating budget top -up Summary A permanent reserve established by Council, to resource the City's Growth Agenda Select Criteria: • Flexible reserve to allow the City, upon the recommendation of the Growth Committee to make operational expenditures to broadly support the City's growth agenda. • Expenditures are typically non -recurring, unless exempted by Council, such as with the ENCORE program, or if funding is spread through multiple years, e.g., SJLIP Agreement. • Fund can be used to temporarily expand and enhance municipal program delivery from various municipal programs that align with Council's growth agenda as identified by the Growth Committee. • Past practice has been that the reserve can be used to hire or retain City staff or consultants, as long as the cost is not recurring. Examples of projects that have received funding since 2017: • Growth Agenda o Fair Taxation Analysis o Value Proposition Exercise • Supporting the initial development of, or expanded capacity of various municipal programs & entities. o Real Estate Alignment Exercise --) Establishment of DevelopSJ o Community Standards Program o Vacant and Dangerous Buildings o Establishment of Population Growth portfolio o Saint John Local Immigration Partnership o Economic Development Alignment Exercise o Financial Support to the Saint John Sea Dogs I 181091 • Top -Ups to specific grant programs due to demand o Urban Development Incentives o Heritage Grant Program o Beautification Program • Improving assets o Marketing and Signage "Communicating Growth" o Growth Renderings o City Market Sea Can Bar • Municipal ENCORE Program — Covid Recovery o Spotlight; o Tourism Incentive Program; o Sidewalk Cafe Program; o Free Parking, o Open Streets, etc. • Immigration o Saint John Immigration Strategy o Succeed and Stay Agreement • Support to Large Scale Events, e.g., Memorial Cup • Affordable Housing o Rapid Housing Initiative 271 Strategic Real Estate Capital Reserve Established: August 2021 Type: Capital Reserve Approximate Unrestricted Funds Available: $1.5M How is the reserve renewed: Sale of City Property or Operating Budget top -up Summary This fund is used to drive catalytic real estate growth opportunities in tax base, employment, or population growth, or enhance quality of life in a way that will likely trigger further growth. Council created the Strategic Real Estate Capital Reserve Fund from the net financial assets ($1.6M) returned to the City of Saint John by Develop Saint John upon its winddown. Select Criteria: • All Projects must take place in the Saint John City Limits ("Saint John") • All Projects must be catalytic in nature and give strong evidence that the completion of the Project will lead to increased tax base, employment, or population growth, or considerably increase the quality of life in Saint John ("Growth"). • The Fund may be used for the acquisition and purchase of land or real estate, provided the City or its controlled entities retain ownership. • No more than $400,000 should be designated from the Fund for any specific Project, including sub -Projects, however Council may approve a larger amount based on the strength of a business case. • Legal fees are eligible costs but only if managed by the City or a controlled entity. • The Fund may not be used for capital renewal or the purchase of vehicles. • All Projects must be substantiated by a Business Case ("Business Case") Examples of projects that have received funding since 2021. • Saint John Industrial Parks o SJIP Revitalization Project - Value Chain Analysis o Marketing enhancements and vegetation management • Strategic Land Acquisition WN Discover Saint John Reserve Established: July 2022 Type: Operating Reserve Approximate Unrestricted Funds: $0 How is the reserve renewed: Non-renewable Summary: This fund was created from the net financial assets ($418k) returned to the City of Saint John by Discover Saint John upon its winddown. As the funds came from the City's Destination Marketing Organization, it was felt that it was appropriate that the fund would be used to support initiatives that would attract visitors to the City. Select Criteria: • Proposal must demonstrate strong alignment with key City of Saint John strategic plans, including Council Priorities 2021-2026, Secondary Plan for the Central Peninsula, Plan SJ, City of Saint John 10-Year Strategic Plan (currently only in draft form). • Proposal must outline how the outcomes of the initiative will deliver a positive impact and contribute to additional or enhanced quality -of -life offerings to the Saint John community. This impact must highlight the nature of the new or enhanced service offering, the target audience, and the scale of the impact in the Saint John community. In addition, impact also encompasses how the new or enhanced offering integrates or supports marginalized residents who face additional barriers in accessing such offerings. Finally, impact also includes how a proposal contributes to our community's environmental sustainability and broader efforts to reduce Saint John's carbon footprint. • Proposal must illustrate an economic impact, including total investment, employment, spin-off activity, among others. • For projects larger than $50,000, the City will require a business plan to accompany the proposal. Examples of projects that have been committed funding since 2022. Saint John Theatre Company • Courthouse Project 41 PAFW From: Chris Osborne To: Service (Customer Service); Common Clerk Subject: Open Letter to Council and Staff Re: Feedback on Waste Wise Program Date: February 18, 2023 11:59:55 AM [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Hello, Please forward my letter to the next session of common council and to the staff responsible for looking after the garbage collection program. I am writing today to provide feedback regarding the new Waste Wise Garbage collection program. I have been a life-long resident of Saint John, along with my Wife, 3 young children, my elderly Mother (81 yrs) and my elderly Aunt (82 yrs), my Uncle and my Father In Law and Mother In Law and others. Having been part of the program now for several months I believe I can provide some insights and suggestions for improvement which my extended family and I have become aware of. While the idea of curbside collection of recyclables is a good one, however in practice it is deeply flawed. For context; I live in a single family home, my neighbours are mostly multi -family homes, some of up to four (4) or six (6) units. I also own two rental properties; one two -unit and one a single family home. My Mother and Aunt live together in a single family home in Lancaster. My Uncle and his wife live in a small single family home in the Milford area. My Father in Law lives in a two unit building, and is surrounded by two (2), three (3) and four (4) unit buildings in the Sea Street area. My Mother -In -Law lives in a large multi -unit development in the north End off Millidge Ave. My letter draws on all of their experiences and conversations, as well as my own, and also those of friends and acquaintances. This topic is one which comes up frequently between us as an extended family, and with friends and acquaintances. It is a source of frustration and depression. Many comments surrounding the lack of services, reduction of services and costs. So often I hear people say "what can I do", "nobody will listen", etc. They are tired and defeated in some cases. Therefore I feel that I must write this letter both on my families behalf and others who feel that the system is flawed and who have given up and won't engage anymore with the system. 1. Bins are fragile, especially in cold weather. Two neighbours and one of our little recycling bins have been destroyed already. Two on the bins here are now cracked. Whether or not this was due to rough handling by collection workers, or being blown around we cannot determine, but to say the plastic is brittle in cold weather would be very accurate. A Rubbermaid Rough Tote bin would be better as the plastic they are made from contains a high amount of plasticizers, making it tough 1►XL1 even in the cold of winter months. 2. Small recycling bins are missing lids. We have to hoard the plastics and paper products inside our house now, as many of the bins in our neighbourhood are lacking lids. 3. The small blue and green recycling bins are too small and light. Part one; they blow away in a strong wind. This dumps debris all over the place and in some cases damages the bins. Part two; The bins are unreasonably small. with a family of three children and two adults with no pets we struggle to make everything fit. Three garbage days myself and the tenants next door placed flattened cardboard next to the bins and it was not collected as we were told it would be. The same thing occurred at my mother's house on Lancaster Avenue. I had several boxes from a flooring purchase in particular which measured 12"x24" and these were not taken away, even though they were flattened and placed against the side of the little bin. The lack of large Blue Bins at strategic collection points across the city, means I now need to hoard these boxes for weeks, burn them, or let them get wet and put them in the compost cart. None are good options. 4. Lack of Large Blue Bins. This is a MAJOR issue, and likely the one which needs to be addressed first and foremost. Firstly; Tenants of larger apartment buildings who used to recycle are now not able to at all. With increasing urban density as a stated goal and objective of the city and council, I would expect that there would also be more consideration that this will increase the tonnage sent to the landfill. Of course this change would direct the recyclables stream from these larger apartments into the garbage bags and bins collected and paid for by private individuals or companies, thereby shouldering the costs back through to the landlords and thereby also the tenants, which is unfair and immoral and brings about higher rents, another issue that is important for governments of all levels to try and address. Further this greatly impacts the environment in a negative way. While it cost -saves for the city, it means much more recyclables will end up in the landfill from the ever growing list of large apartment complexes. Secondly; anyone who has a large family, or tends to purchase more products, does a small renovations like flooring, etc, will produce more cardboard, paper and plastic waste than the little curbside bins can handle. As a growing family of three children, two in diapers and two adults, we are constantly trying the cram everything into the tiny bins, but it just keeps piling up. The lack of the big blue bins has meant recyclables, especially food packaging from the supermarkets tends to lay around the house in bags, boxes or bins. In turn this has created for us and our neighbours a severe rodent problem. We now need to spend more money on mouse poison and traps for our basement than we ever have. In short, the people NEED the Big Blue Bins back at strategic locations around the city! 5. Rodents. As mentioned above; we now have rodents as part of our daily lives, something which we never experienced before this. As a family who religiously PArV recycled and separated everything possible it is beyond frustrating to find ourselves having to hoard recyclables for two weeks, when before we would make stops at the big blue bins every other day while running errands. Additionally we had our garbage collected weekly, which meant less chance for birds, raccoons, rats and mice to get at our bags. Our garbage cans used to have straps to keep the rodents at bay, but these new brown bins are easy for Racoons to topple and feast upon. With them comes rats and mice. With racoons and other rodents comes feces and disease. Our health and safety is being put as risk by collection on a bi-weekly basis. As mentioned above, never before have we had to buy so much mouse poison. In one instance near Christmas we went through a bag of approx. 8 blocks of poison in just one week! The problems are real and serious. I cannot overstress the increase in rodents we are seeing in the West Side since this program began in the fall. I'm sure this holds true across the city, as we have an abundance of older and heritage buildings, which make our city colourful and attractive looking, but also require a higher level of maintenance and servicing, including in terms of garbage collection. If you are unfamiliar with some of the plagues brought about by rodents, along with the usual black death and other diseases, I would recommend a read regarding mites carried by rodents and birds, they're worse than bedbugs. 6. Bi-Weekly Collection. Our neighbourhood on the West side was always a weekly collection area, and with good reasons. Multi -family buildings and older structures which were less secure against rodent infiltration, combined with some families who have poor hygiene standards combine to make weekly collection and necessity. As mentioned above rodents have become and ever increasing problem in our neighbourhood, as well as on Lancaster Ave where my Aunt and Mother reside. The lack of big blue bins to dump sometimes fragrant recyclables in and moreover the lack of weekly collection has caused the rodent population to explode. Combine this with more people working from home, having more children and the warm weather this winter, it becomes a perfect storm for rodents to thrive. Secondly; with a growing family of three small children, aged 5, 3 and 1, with plans for a 4th child in the future, and we have two in diapers, it means we struggle and fail to fit all the garbage generated into the one small brown bin. My Mother who lives nearby with my Aunt has incontinence issues and this creates a lot of waster in diapers and pads. 7. Added costs. The added costs of bag tags on young families and seniors is unfair, given that we already pay the highest property taxes in all of the Province of New Brunswick. In particular shouldering those costs onto the elderly, who have fixed incomes and health issues is unjust. With increasing inflation rates, mortgage rates, etc. it adds to an already bleak picture of being unable to afford to live, work and grow old here in Saint John. Another small bleeder which drains the finances. There should be no limitations on the amount of garbage or recycling one can put to the curb, as in the end it means a cleaner and healthier city in which to work, grow, play and live. 8. Lack of recycling for certain products. Another factor at play is the lack of KFU recycling for certain plastics, films, bags and especially vinyl building materials as well. Having renovated and sold several homes over the last decade I was shocked to learn that many plastic products cannot be recycled. For example a big one is vinyl siding and windows. This all ends up in the Construction and Demolition area of the landfill. There needs to be some further investigation and brainstorming on what can be done to separate out and divert these vinyl and plastic products from being buried in the ground. 9. "Take it to the Dump". I've seen this thrown in the faces of many people online who questioned the changes made to the garbage collection program. It is hurtful and doesn't help solve the problems in any way. The expectation for people to drive 20 minutes each direction or more, out of the city limits to Crane Mountain, just to take normal items to the dump is unrealistic. Who has the time in our hectic work -a - day world? Moreover, many people don't drive, or even own a vehicle in the city! Others can't afford the added costs with fuel prices so high and then the landfill at Crane Mountain charges for whatever you do bring. People are already struggling to live, keep shelter over their heads and provide a life for their children here. None of these suggestions to force the people to spend more to get less services makes sense. Buying bag tags is another expense, and at $2 per bag is not affordable in the least when multiplied out over the run of the year. Cost, Cost, Cost. If we keep increasing the costs and difficulties in getting rid of garbage and recyclables then who will want to take pride in their neighbourhood or want to live here in SJ? I watch now as every garbage day debris blows around our neighbourhood, whether caused by strong winds, or rodents. Please consider the impacts and hardships of people in our community who are less well off than yourselves when making these decisions. Life is tough for many, please help lift the burden and provide a good unlimited service which will make our city cleaner and greener at the same time. 10. Rough handling by new machines on the trucks. Three of the large green compost carts in my network of family and friends have been crushed or smashed by the new arm on the garbage trucks. In one case I witnessed the neighbours green compost cart rammed and crushed against the curb in a horizontal fashion while being placed back down. This resulted in a wobbly wheel, twisted bin and the hinge point of the lid popping loose on one side, making the cart now vulnerable to birds and rodents as there is an open corner of the bin. We suspect, but are not sure this rush to get the job done is in part how the little bins are becoming cracked and broken in cold weather, though they are very fragile when it's very cold. 11. Illegal Dumping. While I have not witnessed any illegal dumping I have heard many of my friends speak of the issue. My family and I believe that the restrictions placed upon the amount and frequency of garbage collection and recyclables collection will no doubt increase this issue. 12. The new system should compliment. There have been a few people who have also said that the new system of curbside collection should compliment the old PxrA system, be an addition to, not a substitute for. I agree. Weekly collection and return of large centralized blue bins in particular. No bag limits or limits on the amount of recyclables. Should we not be encouraging MORE recycling, not less in a pigeon- hole type system? Our taxes are high, so can we not have high -quality services and more workers on staff to preform them for those high taxes? To summarize; We need tougher, heavier recycling bins with lids, increased collection limits, increased frequency of collection, more types of plastics to be recycled and above all the return of the large blue bins. With regards to the increased collection limits, a better approach would be to simply return to weekly collection of garbage and recycling city-wide, as was the case decades ago. This will aid in reducing illegal dumping, and reduction in rodent populations and thereby disease. Lets make the city cleaner and greener, without laying the burdens on the residents. Best regards, Chris & Melissa Osborne PXE3 My name is Randy Loatman. I am the Manager of business and basketball operations for the SJ Union. We are a part of the ECBL, a premier professional basketball league in the maritime provinces. We are excited to bring back basketball to Saint John. Our mission is to help build and give back to the community. We are going to do that by participating in youth sports programs, creating educational initiatives with local schools and our local businesses! With that being said, the success of our organization is largely dependent upon product and financial support that we get from our corporate and individual sponsors. We would love to have the opportunity to have you as one of our sponsors. Our goal is to build our presence and relationship with our sponsors who share our vision in building our local community. I will be happy to discuss any alternatives you may want to consider making this mutually beneficial for your company and the SJ Union. Levels of Sponsorship $500 - you get two bowl level season tickets, digital placement on the website and at the arena and 10 per cent off merchandise, $1,000 - (the most popular item), you get two sideline seats, digital placement online and in the arena, a Your Daily Slice feature article, early ticket access to the championship tournament and 10 per cent off merchandise. $2,000 - You get all the $1,000 package, but your seats are courtside. Sincerely, Randy Loatman Manager of Operations, SJ Union (506) 645-0341 randy.loatman@icloud.com P��1 M&C No. 2023-53 Report Date March 02, 2023 Meeting Date March 06, 2023 Service Area Growth and Community Development Services SUBJECT: Rapid Housing Initiative Round 3 — Projects Stream Submission EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The City of Saint John Affordable Housing Action Plan recognizes the need for greater government support to address housing gaps of those requiring supportive housing and those in most severe housing need, i.e., facing homelessness. Very limited market options at the income levels of these two housing gaps mean there is a significant role for provincial government and local non-profit organizations to address the need through accommodation, services, or assistance. The third round of Canada Mortgage and Housing Corporation's (CMHC) Rapid Housing Initiative (RHI) was launched in November 2022 to provide capital funding towards local government or non-profit housing projects that target populations who are the most in need. The Cities Stream ($500m) guarantees funding to 42 pre -determined local governments. The Projects Stream ($1 Billion) requires local governments and non-profit housing providers to submit projects for consideration of funding. As Saint John was not selected through the Cities Stream, the City of Saint John has chosen to bring forth projects through the Projects Stream for consideration as a level of government. While the City of Saint John is not a housing provider, our community has the benefit of a robust and dynamic non-profit housing sector. To increase the chances of successfully obtaining CMHC funding under this highly competitive nationwide initiative, the City has worked in collaboration with the non-profit housing sector to put together the strongest possible suite of applications through the Projects Stream fund. The non-profit sector has responded strongly to a call for expressions of interest from the City to collaborate on a local government RHI application. This collaboration has yielded a greater coordination of local housing efforts within the non-profit sector, marshalling of municipal resources and alignment of provincial funding programs. While there is no guarantee in securing funding through CMHC, it is certain that the need in Saint John is high, and the non-profit sector is a key partner in helping to address this need. Following solicitation of expressions of interest from the non-profit housing sector, an impartial evaluation process was led by team of senior city staff and supported by third -party consultants with expertise in affordable housing, finance, and contract law. This vigorous evaluation process identified organizations capable of delivering RHI projects according to the strict parameters set by the RHI and sought to mitigate legal and financial risks to the City and ultimately to taxpayers, all while ensuring Saint John has the greatest likelihood of obtaining federal funding to build much needed affordable housing. The four selected partner organizations' projects chosen by Common Council represent a cumulative one hundred and twenty-three (123) potential affordable housing units that could be built in Saint John to help address housing affordability for those requiring supportive housing or in most severe housing need. If one or more of the City's applications is successful, the City will enter into back - to back legal agreements with CMHC and the non-profit developer to flow funds quickly to get projects constructed, and to ensure that the affordable units created will remain affordable for a minimum of twenty years. Common Council extends its gratitude to the following organizations who have partnered with the City on its applications to CMHC and put forward excellent affordable housing projects for financial consideration through the Rapid Housing Initiative: I. Kaleidoscope Social Impact (39 units, 58 Broad Street/Broadview Avenue) II. Unified Saint John Housing Co -Op (12 units, 53-57 Victoria Street) III. Housing Alternatives (60 units, 1155 Fairville Boulevard) IV. John Howard Society (12 units, 21 Troop Street) COUNCIL RESOLUTION That Common Council: 1. Direct the Chief Administrative Officer to submit applications to Canada Mortgage Housing Corporation (CMHC) Rapid Housing Initiative Round 3, Project Stream, on behalf, and with consent of the following non-profit organizations to all terms and conditions of the city: V. Kaleidoscope Social Impact (39 units, 58 Broad Street/Broadview Avenue) VI. Unified Saint John Housing Co -Op (12 units, 53-57 Victoria Street) VII. Housing Alternatives (60 units, 1155 Fairville Boulevard) VIII. John Howard Society (12 units, 21 Troop Street) 2. Further direct the Chief Administrative Officer to negotiate back-to-back agreements, and any amendments or consents arising from them, with the identified non-profit housing organizations, to distribute CMHC Rapid Housing Initiative funding should the applications be successful, and return to Council with said agreements for approval; and, f t'fi1 3. Authorize the Mayor and Clerk to execute a CMHC Integrity declaration on behalf of the City of Saint John, generally in the form as attached to M&C 2023-53. WV1I