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2024-03-18_Agenda Packet--Dossier de l'ordre du jour
�B City of Saint John Common Council Meeting AGENDA Monday, March 18, 2024 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of March 4, 2024 6 - 16 2.2 Minutes of March 11, 2024 17 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Scheduling of a Public Hearing for a Heritage Conservation Areas By -Law 20 - 21 Amendment (Recommendation in Report) 5.2 Cancellation of a Public Hearing Date —1670 Hickey Road (Recommendation 22 - 23 in Report) 5.3 Fleet Replacement Procurement — March 2024 (Recommendation in Report) 24 - 26 5.4 2024 Engineering Inspection Services (Recommendation in Report) 27 - 29 5.5 Community Development Fund Agreement: Market Place West Park 30 - 38 Revitalization Project (Recommendation in Report) 5.6 Community Development Fund Agreement: City of Saint John — Forest Hills 39 - 47 Playground Upgrades (Recommendation in Report) 5.7 Community Development Fund Agreement: The City of Saint John — Harbour 48 - 56 Passage Stairs (Union Street) (Recommendation in Report) 5.8 Community Development Fund Agreement: Rockwood Park Redevelopment 57 - 65 Project Phase III (Recommendation in Report) 5.9 Community Development Fund Agreement: City of Saint John — Reversing 66 - 74 Falls Trail Lookoff Access (Recommendation in Report) 5.10 Response to a Proposed Motion from November 27, 2023, by Councillor Brent 75 - 86 Harris (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Purple Day for Epilepsy Awareness - March 26, 2024 87 - 87 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment- 241-281 Douglas Avenue 88 - 109 10.2 Zoning By -Law Amendment - 1 Bayard Drive (3rd Reading) 110 - 112 10.3 Traffic By -Law Amendment - Topeka Street Commercial Vehicle and Trailer 113 - 121 Parking (1 stand 2nd Reading) 10.4 Traffic By -Law Amendment - Residential Parking Permit Fee Increase (1 st and 122 - 126 2nd Reading) 10.5 Saint John Skateboard By -Law Amendment (1 stand 2nd Reading) 127 - 131 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports K 13.1 Civic Commemoration Committee: Commemorative Designation — Parker's 132 - 135 Comer 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Friends of Rockwood Park: Request to Present re 1671 Sandy Point Rd 136 - 139 (Recommendation: Refer to Growth Committee for presentation) 15.2 A. Nose: Request to rescind Council resolution re: Declaration of 1671 Sandy 140 - 140 Point Road as surplus property (Recommendation: Receive for Information) 15.3 C. Kilpatrick: 1671 Sandy Point Road (Recommendation: Receive for 141 - 141 Information) 15.4 B. Elward: Rockwood Park (Recommendation: Receive for Information) 142 - 142 15.5 D. Ainsworth: Rockwood Park (Recommendation: Receive for Information) 143 - 143 16. Supplemental Agenda 17. Committee of the Whole 17.1 Catalytic Multipurpose Recreational Facility 144 - 144 17.2 Termination of Lease City Market: Slocum & Ferris 145 - 145 18. Adjournment K City of Saint John Common Council Meeting Monday, March 18, 2024 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Personal Matter 68(1)(b) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 18 mars 2024 18h30 2e ETAGE DE LA SALLE DU CONSEIL COMMUNAL, HOTEL DE VILLE Nous utiliserons un moyen de communication electronique lors de cette reunion. Le public peut assister a la reunion en personne clans la salle du Conseil ou virtuellement sur le site Internet de la ville (www.saintiohn.ca) ou sur Rogers TV Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 1.2 Questions personnelles 68(1)(b) 1.3 Question financiere 68(1)(c) 1.4 Question financiere 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 4 mars 2024 2.2 Proces-verbal du 11 mars 2024 K 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Programmation d'une audience publique pour une modification du reglement sur les aires de conservation du patrimoine (recommendation clans le rapport) 5.2 Annulation d'une date d'audience publique — 1670 Hickey Road (recommendation clans le rapport) 5.3 Remplacement de la flotte — mars 2024 (recommendation clans le rapport) 5.4 Services d'inspection technique de 2024 (recommandation clans le rapport) 5.5 Accord sur le Fonds de developpement communautaire : Projet de revitalisation du parc de la place Market de I'ouest (recommandation clans le rapport) 5.6 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Amelioration du terrain de jeu de Forest Hills (recommandation clans le rapport) 5.7 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Escaliers du Passage du port (rue Union) (Recommendation clans le rapport) 5.8 Accord sur le Fonds de developpement communautaire : Projet de reamenagement du parc Rockwood — phase III (recommandation du rapport) 5.9 Accord sur le Fonds de developpement communautaire : Ville de Saint John — Acces au belvedere des chutes reversibles (recommandation clans le rapport) 5.10 Reponse a une proposition de motion du 23 novembre 2023 du conseiller Brent Harris (recommandation : reception aux fins d'information) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee lavande de sensibilisation a I'epilepsie — 26 mars 2024 8. Delegations et presentations 3 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Proposition de modification du plan municipal — 241-281 Douglas Avenue 10.2 Proposition de modification du reglement de zonage — 1, rue Wilton (3e lecture) 10.3 Modification de I'arrete relatif a la circulation — stationnement des vehicules commerciaux et des remorques clans la rue Topeka (Ire et 2electure) 10.4 Modification de I'arrete relatif a la circulation — Augmentation des frais de permis de stationnement residentiel (Ire et 2e lecture) 10.5 Modification du reglement relatif a la pratique de la planche a roulettes de Saint John (Ire et 2e lecture) 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Rapports deposes par les comites 13.1 Comite de commemoration civique : Designation commemorative — Parker's Corner 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 Amis du parc Rockwood : Demande de presentation concernant le 1671 Sandy Point Road (recommendation : Renvoyer a la commission sur la croissance pour presentation) 15.2 A. Nose : Demande d'annulation de la resolution du Conseil concernant ce qui suit : Declaration du 1671 Sandy Point Road comme bien excedentaire (recommendation : reception aux fins d'information) 15.3 C. Kilpatrick : 1671 Sandy Point Road (recommendation : reception aux fins d'information) 15.4 B. Elward : Parc Rockwood (recommendation : reception aux fins d'information) 15.5 D. Ainsworth : Parc Rockwood (recommendation : reception aux fins d'information) CI 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Installation recreative polyvalente catalytique 17.2 Resiliation du bail — City Market : Slocum & Ferris 18. levee de la seance 61 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 4, 2024 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor -at -Large Gary Sullivan Also Present: Acting Chief Administrative Officer (CAO) M. Hugenholtz General Counsel M. Tompkins Chief Financial Officer K. Fudge Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services A. Poffenroth Manager Employee & Labour Relations D. McQuade -Clark Director Parking, Parks & Recreational Facilities M. Dionne Deputy Clerk P. Anglin Administrative Assistant K. Tibbits Call to Order C.1 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 1.1 Land Acknowledgement Councillor Radwan 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 20, 2024 Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the minutes of February 20, 2024, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the agenda for March 4, 2024, be approved with the addition of 17.1 Results of Request for Expressions of Interest re: City -owned land at 160 Thorne Avenue; 17.2 City Market Lease with Charlotte Street Bakery; 17.3 City Market Lease with Jo's Samosas; and 17.4 Stage at Ihtoli-maqahamok (Market Slip). MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillors Stewart and Radwan declared a conflict of interest on Item 5.3 Street Vesting — 469 Rothesay Avenue. Councillor Harris declared a conflict of interest on Item 12.2 Community Grants Program 2024. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2024-063: Designation of By -Law Enforcement Officer —Lauren Williams, Common Council appoint Lauren Williams as a by-law enforcement officer for various City Bylaws, the appointment being more fully described in the attachment to the submitted report. r� COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 5.2 RESOLVED that as recommended in the submitted report M&C 2024-059: 181- 183 Union Street — Removal of Land Use Agreement the City execute a Discharge in favour of VNB Enterprises, owners of 181-183 Union Street, Saint John (PID # 0012187), to remove the land use agreement registered on January 28, 2000 as Document Number 10795590 on page 533 of Book 2096 in the Registry Office of the City and County of Saint John and that the Mayor and Clerk be authorized to execute the said Discharge and any other document necessary to effect the transaction. 5.3 Refer to Item 14.1 5.4 RESOLVED that as recommended in the submitted report M&C 2024-051: Canadian Corps of Commissionaires NB & PEI Division 2024 Service Agreement the City enter into an Agreement for Security and Related Services with the Canadian Corp of Commissionaires N.B. & P.E.I. Division, Inc. in the form attached to M&C No. 2024-051; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. 5.5 RESOLVED that as recommended in the submitted report M&C 2024-058: Regional Development Corporation Funding Agreement: City of Saint John — Outdoor Ice Rink and Seating (Construction Funding) the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Outdoor Ice Rink and Seating, which is included within the Public Space at Market Slip and Harbour Passage Extension project, in the form and upon the terms and conditions as attached to M&C No. 2024-058; and that the Mayor and City Clerk be authorized to execute the said Agreement. 5.6 RESOLVED that as recommended in the submitted report M&C 2024-068: Azure Ingestion Expenditures Common Council approve the projected 2024 expenditures for Azure ingestion from Bulletproof ULC (Bulletproof) in the amount of $185,000 plus HST. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of Item 5.3 which has been identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations / Presentations 9. Public Hearings — 6:30 p.m. 9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report and Staff presentation — 1 Bayard Drive (1st and 2nd Reading) Commissioner Poffenroth introduced the proposed amendment to the Zoning By -Law to rezone a parcel of land at 1 Bayard Drive from Major Community Facility (CFM) to Urban E:3 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 Centre Residential (RC) to convert the building into multi -unit residential. The Planning Advisory Committee and staff recommendation are aligned. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning with no one presenting. Mayor Noade Reardon closed the public hearing. Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) 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 Radwan, 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 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) 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. 10. Consideration of By -Laws 10.1 Street Closing By -Law — Red Head Road and Hewitt Road (31d Reading) Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" regarding a portion of Red Head Road and Hewitt Road by adding thereto Section 10 immediately after Section 9 thereof, be read. MOTION CARRIED. The by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" was read in its entirety. COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 Moved by Councillor Stewart, seconded by Councillor Killen: RESOLVED that the by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John" regarding a portion of Red Head Road and Hewitt Road by adding thereto Section 10 immediately after Section 9 thereof, be read a third time, enacted and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads, Streets or Highways in The City of Saint John." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Chief Administrative Office Update on Select Catalytic Projects and Advocacy Verbal Acting CAO M. Hugenholtz provided project updates on "The Gathering Space", the Central Peninsula School and Community Hub (South End School), and the new North End School and Community Hub. Mr. Hugenholtz commented on the Affordable Housing file including advancement of the Rapid Housing Initiative known as the Barrack Green residences which intends to bring 39 affordable housing units to Broadview Street; and the Steepleview Development project which will bring 56 new units of which 28 are affordable, and a day care, to Cliff Street in Waterloo Village. Staff continues to work on the project planning process for the City's Housing Accelerator fund action plan. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the Chief Administrative Officer update on select Catalytic Projects and Advocacy be received for information. MOTION CARRIED 12.2 Community Grants Program 2024 (Councillor Harris withdrew from the meeting) Referring to the submitted report, L. Lambert provided an overview of the submitted recommendation. The Community Grants Committee was tasked with allocating $214K of funding. The committee evaluated 47 grant applications for organizational support, community projects, and special events, totaling over $682K in requests. Moved by Councillor Stewart, seconded by Councillor Ogden: RESOLVED that as recommended in the submitted report M&C 2024-062: Community Grants Program 2024, Common Council approve the recommendations of the Community Grants Committee for the granting of funding to the successful applicants for the 2024 Community Grants Program, as indicated in M&C report 2024-062. MOTION CARRIED ito] COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 (Councillor Harris re-entered the meeting) 12.3 Dominion Park Phase 2 Update M. Dionne provided an update on Phase 2 of the Dominion Park project. $450K has been earmarked for the next phase of the Dominion Park project in the 2024 capital budget, money of which is contingent upon the City receiving an additional $450K from other levels of government. The Dominion Park Community Association is requesting a six-month window to raise additional funds to make even greater enhancements towards the project. They are cognizant of the fact that this will delay construction until 2025. Moved by Councillor Harris, seconded by Councillor Norton: RESOLVED that as recommended in the submitted report M&C 2024-071: Dominion Park Phase 2 Update Common Council: 1. Endorse the request from the Dominion Park Community Association to allow a 6- month time period, starting from the date of this Council meeting, for fundraising efforts towards the revitalization of Dominion Park; and, 2. The City enter into the Memorandum of Understanding in the form as attached to M&C No 2024-071 with The Greater Saint John Community Foundation and the Dominion Park Community Association Inc. to facilitate the processing of public donations in support of the overall "Dominion Park Revitalization Project" with no specific scope of work defined and that the Mayor and City Clerk be authorized to execute the said MOU and any other documents ancillary thereto. MOTION CARRIED. 13. Committee Reports 13.1 Growth Committee: 2024 Menahaesk (Saint John) Powwow On behalf of the Growth Committee, Deputy Mayor MacKenzie commented on the 2024 Menahqesk (Saint John) Powwow to be held at TD Station in the fall of 2024. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2024-070: 2024 Menahqesk (Saint John) Powwow, Common Council allocate up to $50,000 from the Community Services Reserve to support the coordination of the 2024 Menahqesk (Saint John) Powwow. MOTION CARRIED 13.2 Growth Committee: Sophia Recovery Centre Fundina Reauest On behalf of the Growth Committee, Deputy Mayor MacKenzie discussed the Sophia Recovery Centre funding request. Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that as recommended by the Growth Committee in the submitted report M&C 2024-057: Sophia Recovery Centre Funding Request, Common Council authorize the City 11 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 of Saint John enter into a formal funding agreement for an amount of $50,000 with the Sophia Recovery Centre Inc., drawing the funds from the Community Services Reserves in 2024. MOTION CARRIED. 13.3 Civic Commemoration Committee: Recommendation from Civic Commemoration Committee to name trail system in Shamrock Park "Don Cooper Trail" Councillor Hickey commented on the naming of the trail system in Shamrock Park "Don Cooper Trail" on behalf of the Civic Commemoration Committee. Moved by Councillor Hickey, seconded by Councillor Ogden: RESOLVED that as recommended by the Civic Commemoration Committee in the submitted report M&C 2024-067: Recommendation from Civic Commemoration Committee to name trail system in Shamrock Park "Don Cooper Trail", Common Council adopt the commemorative name "Don Cooper Trail" as the commemorative designation for the trail system in Shamrock Park; and the CAO be directed to facilitate the launch of this name through communications and a wayfaring sign in this area. MOTON CARRIED 13.4 Finance Committee: Market Place West Ballfield Storm Sewer Separation Proiect Councillor Norton commented on the Market Place West Ballfield Storm Sewer Separation Project on behalf of the Finance Committee. Moved by Councillor Norton, seconded by Councillor Killen: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2024-072: Market Place West Ballfield Storm Sewer Separation Project, Common Council endorse the reallocation of $250,000 within the approved 2024 General Fund Capital Program from the Stormwater Strategy Project and add this funding to a new capital project titled Market Place West Ballfield Storm Sewer Separation Project. MOTION CARRIED 13.5 Finance Committee: Capital Reserves Required for Dredging at the Lancaster Lagoon On behalf of the Finance Committee, Councillor Norton reviewed the recommendation related to capital reserves required for dredging at the Lancaster Lagoon. Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2024-073: Capital Reserves Required for Dredging at the Lancaster Lagoon, Common Council endorse the approval of the allocation of capital reserve funding ($1,720,000) to the 2023 Utility Fund Capital Budget for dredging at the Lancaster Lagoon (to be completed as part of the Lancaster Lagoon Aeration System Renewal project). The funds are to be added from the Utility's Potable Capital Reserve. MOTION CARRIED 12 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 13.6 Finance Committee: Market SliD Dockina Svstem On behalf of the Finance Committee, Councillor Norton commented on the Market Slip Docking system and the submitted recommendation. Moved by Councillor Norton, seconded by Councillor Ogden: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2024-074: Market Slip Docking System, Common Council approve an adjustment to the 2024 Capital budget to reflect the use of $210,000 for the installation of the floating docks system on the Fundy Quay side of the market slip; and, approve the transfer of $210,000 from the $500,000 transferred into 2023 Capital Reserves for additional Recreation Asset Investments. MOTION CARRIED. 13.7 Finance Committee: Council Communitv Fund On behalf of the Finance Committee, Councillor Norton discussed the proposed Council Community Fund Policy. Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that as recommended by the Finance Committee in the submitted report M&C 2024-075: Council Community Fund, Common Council approve the draft Council Community Fund Policy. A suggestion was put forward to replace the minimum amount of $500 per application and a recommendation that there be no more than three applications per year by each member of Council to allow for more flexibility to the policy. A friendly amendment to the motion was accepted by both Councillor Norton and Councillor Lowe. Moved by Councillor Norton, seconded by Councillor Lowe: RESOLVED that Common Council approve the Council Community Fund Policy with an amendment to subsection 2.1 to replace the language "the minimum amount of financial support is $500 per application" with "there shall be a maximum of three (3) applications per year per Council member' as well as an amendment to subsection 4.2 to replace the language "Recommend to Common Council the approval of applications that meet the Policy at a minimum of $500 per application" to "Recommend no more than three (3) applications per year to Common Council". MOTION CARRIED. 14. Consideration of Issues Separated from Consent Agenda (Councillors Stewart and Radwan withdrew from the meeting) 14.1 Street Vesting — 469 Rothesay Avenue Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: 13 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 RESOLVED that as recommended in the submitted report entitled "Street Vesting — 469 RothesayAvenue", Common Council assent to the submitted subdivision plan (Trivirtus & City of Saint John Subdivision) with respect to the proposed vesting of the Ashburn Lake Road and Rothesay Avenue public street right-of-way. (Councillors Stewart and Radwan re-entered the meeting) 15. General Correspondence 15.1 A. Pottle: Charlotte and Sydney Street Bicycle Lanes (Recommendation: Receive for Information) Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the correspondence from A. Pottle: Charlotte and Sydney Street Bicycle Lanes, be received for information. MOTION CARRIED. 15.2 R. Collins: City of Saint John Preferred Pharmacy Provider Contract (Recommendation: Receive for Information) Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the correspondence from R. Collins: City of Saint John Preferred Pharmacy Provider Contract, be received for information. MOTION CARRIED. 15.3 D. MacFarlane: Request for Silencing Train Whistles in Compliance with Noise By - Law (Recommendation: Receive and file the letter and CAO to respond to resident advising of work plan initiative) Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the correspondence from D. MacFarlane: Request for Silencing Train Whistles in Compliance with Noise By -Law, be referred to the Chief Administrative Officer to respond to the resident advising of the work plan initiative and that the correspondence be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Results of Request for Expressions of Interest re: City -owned land at 160 Thorne Avenue Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council approve the City enter into an Agreement of Purchase and Sale generally in the form as presented to Committee of the Whole at its meeting held March 4, 2024, with 511978 N.B. Inc. for the parcel of land located at 160 Thorne Avenue (PID 55174106) and that the Mayor and City Clerk be authorized to execute the said 14 Agreement of Purchase and Sale and any transaction; and that the City retain a Local infrastructure located within the subject lands. COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 other documents necessary to effect the Government Services Easements for its MOTION CARRIED. 17.2 City Market Lease with Charlotte Street Bakery Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that Common Council approve the City enter into a lease generally in the form as presented to Committee of the Whole at its meeting held March 04, 2024, for stalls "B and C" and ancillary spaces in the City Market with RoseLynn Foods Ltd., dba Charlotte Street Bakery; and that the Mayor and City Clerk be authorized to execute any necessary documents. MOTION CARRIED. 17.3 City Market Lease with Jo's Samosas Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that Common Council approve the City enter into a lease generally in the form as presented to Committee of the Whole at its meeting held March 04, 2024, for stall "2" and ancillary spaces in the City Market with Jo's Teahouse Samosas, dba Jo's Samosas; and that the Mayor and City Clerk be authorized to execute any necessary documents. MOTION CARRIED. 17.4 Stage at Ihtoli-magahamok (Market Slip) Moved by Councillor Lowe, seconded by Councillor Harris: RESOLVED that Common Council approve the City enter into the License Agreement generally in the form presented to Committee of the Whole at its meeting held March 4, 2024, with 750561 N.B. Inc for the purpose of providing events, concerts, and general programming to the City facility called "Ihtoli-maqahamok — The Gathering Space," and that the Mayor and Clerk be authorized to execute the said License Agreement and any other documents ancillary thereto. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the meeting of Common Council held on March 4, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:10 p.m. to 15 COMMON COUNCIL / CONSEIL COMMUNAL March 4, 2024 / le 4 mars 2024 11 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2024 / le 11 mars 2024 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 11, 2024 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: 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 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Councillor Ward 3 David Hickey Also Present: Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Financial Director C. Lavigne Commissioner Utilities & Infrastructure Services I. Fogan Fire Chief R. Nichol Commissioner Human Resources S. Hossack Director External Affairs L. Caissie Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Call to Order 17 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2024 / le 11 mars 2024 1.1 Land Acknowledgement Mayor Noade Reardon 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 Agenda Moved by Councillor Stewart, seconded by Councillor Sullivan: RESOLVED that the agenda for March 11, 2024 be approved with the addition of 17.1 Saint John Energy Corporatization. MOTION CARRIED. 3. Disclosures of Conflict of Interest 4. Committee of the Whole 4.1 Saint John Energy Corporatization Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole, having met on March 11, 2024 Common Council approve the following: That the City petition the Province for a Private Bill that will corporatize the Power Commission of the City of Saint John; and 2. That the City advertise the necessary Notice of Legislation pursuant to the Standing Rules of the Legislative Assembly. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Killen: RESOLVED that the meeting of Common Council held on March 11, 2024, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:05 p.m. iF:3 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2024 / le 11 mars 2024 COMMON COUNCIL REPORT M&C No. 2024-088 Report Date March 14, 2024 Meeting Date March 18, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Scheduling of a Public Hearing for a Heritage Conservation Areas By - Law Amendment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Acting Director Chief Administrative Officer Jennifer Kirchner David Dobbelsteyn J. Brent McGovern RECOMMENDATION RESOLVED That Common Council set the public hearing date of May 13, 2024 to consider an amendment to the HC-1 Saint John Heritage Conservation Areas By - Law concerning the removal of 241 Douglas Avenue (PID: 00379230) from the Douglas Avenue Heritage Conservation Area. The amendment will also incorporate clarifying language around the encroachment of the New Brunswick Museum onto 281 Douglas Avenue (PID: 55222129). EXECUTIVE SUMMARY An application has been received by Diamond Schmitt Architects that is requesting an amendment to HC-1 Saint John Heritage Conservation Areas By -Law, in order to remove 241 Douglas Avenue (PID: 00379230) from the Douglas Avenue Heritage Conservation Area. The amendment will also incorporate clarifying language around the encroachment of the New Brunswick Museum onto 281 Douglas Avenue (PID: 55222129). The submission will be reviewed by the Heritage Development Board on April 3, 2024 and they will provide a recommendation to Common Council. This report is submitted to set the public hearing date for the proposed amendment. PREVIOUS RESOLUTION N/A REPORT City Staff has received an application proposing an amendment to the Heritage Conservation Areas By-law to remove 241 Douglas Avenue (PID: 00379230) from K91 -2- the Douglas Avenue Heritage Conservation Area. This amendment would facilitate the demolition of the existing structure on the property, thus allowing the redevelopment of the property as part of the proposed New Brunswick Museum expansion. City Staff are also proposing for the amendment to incorporate clarifying language around the encroachment of the New Brunswick Museum onto 281 Douglas Avenue (PID: 55222129). This application is considered a by-law amendment, which is heard through Common Council. Staff is recommending Common Council set a public hearing for May 13, 2024. STRATEGIC ALIGNMENT The proposed amendment aligns with Council's priority "Belong" and "Grow". SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A 21 COMMON COUNCIL REPORT M&C No. 2024-086 Report Date March 14, 2024 Meeting Date March 18, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Cancellation of a Public Hearing Date —1670 Hickey Road AUTHORIZATION Primary Author Acting Director Chief Administrative Officer Jennifer Kirchner David Dobbelsteyn J. Brent McGovern RECOMMENDATION RESOLVED That Common Council cancel the public hearing for the Section 59 Amendment application submitted by Joyce E. Barrett for 1670 Hickey Road (PID: 55221790) that was scheduled for Tuesday, April 2, 2024, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the necessity to cancel the public hearing for the Section 59 Amendment application previously scheduled, as the proposed development concept is being refined and will require additional planning applications. At a future date, staff will bring forward a report to set a new public hearing date. PREVIOUS RESOLUTION AND DECISION HISTORY At its meeting of February 20, 2024 Common Council scheduled a Public Hearing date of April 2, 2024, for the Section 59 Amendment application submitted by Joyce E. Barrett for 1670 Hickey Road (PID: 55221790) At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. WA -2- REPORT In response to the motion above, this report indicates that the applicant is redesigning their development concept. Due to this, the scope of the application is altered, and additional planning applications will be required. Staff is requesting to cancel the scheduled public hearing date, with a new public hearing date to be established at a future Common Council Meeting. STRATEGIC ALIGNMENT While the holding of public hearings for Section 59 Amendments are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 3% annual property tax base growth and ongoing work to increase the target. SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None W COUNCIL REPORT M&C No. 2024-092 Report Date March 5, 2024 Meeting Date March 18, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Fleet Replacement Procurement — March 2024 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Chief Administrative Officer Kevin Loughery/ Michael Hugenholtz/ J. Brent McGovern Chris Roberts Ian MacKinnon / Chief Nichol RECOMMENDATION It is recommended that Common Council award the purchase of one (1) 2024 E-One Typhoon Pumper at a total cost of $1,378,831.33 plus HST to 1200 Degres Techno Feu Inc. EXECUTIVE SUMMARY The City manages a fleet of approximately 289 vehicles/pieces of heavy equipment (twelve (12) of which are fire apparatus utilized by the Saint John Fire Department) and each year, the City's Fleet Services Division works with various City departments to identify and replace vehicles/pieces of heavy equipment which have reached the end of their useful service lives. The purpose of this report is to make a recommendation to award the latest tendered vehicles/pieces of heavy equipment which require Common Council approval. The City currently has over 93 vehicles/pieces of heavy equipment past their optimal replacement point (ORP, a calculation based on the age of a vehicle/equipment, the odometer reading, overall condition and maintenance cost) and this year, over 30 vehicles/pieces of heavy equipment (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. The pumper in this recommendation is to replace unit 031, a 2004 E-One Rescue Pumper with an ORP index of 37. ME -2- PREVIOUS RESOLUTION Not applicable. REPORT The City's Fleet Services Division manages a fleet of twelve (12) fire apparatus; seven (7) pumpers, three (3) aerials and two (2) tankers utilized by the Saint John Fire Department. The National Fire Protection Association (NFPA) states that a pumper fire truck is "[a] fire apparatus with a permanently mounted fire pump of at least 750 gpm (3000 L/min) capacity, water tank and hose body whose primary purpose is to combat structural and associated fires." The pumper in this report is to replace unit 031, a 2004 E-One Rescue Pumper, which was purchased on May 9, 2006, and entered service on July 22, 2006. Unit 031 has a current odometer reading of 259,826 kilometers and is quickly approaching the end of its useful life with an ORP of over 37. It has incurred $401,318.25 in lifetime maintenance costs with $70,758.94 occurring in the last 24 months. The total lifetime maintenance cost for this unit has surpassed the initial purchase price and the escalating maintenance costs are expected to continue with continued operation. The tentative delivery date on the new pumper is twenty-six (26) weeks. The specifications developed for this proposed replacement are aligned with our existing fleet, to ensure ease of transition and training for staff. This piece of equipment was considered a toolbox via the Continuous Improvement Fleet Utilization projects and deemed necessary for service delivery. PREVIOUS RESOLUTION Not applicable. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICEAND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2024 capital budget. The funds specifically are provided for in the Fire Fund Fleet Reserve, funded from the operating budget. i►R -3- The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — PUBLIC WORKS AND TRANSPORTATION SERVICES AND SUPPLY CHAIN MANAGEMENT Supply Chain Management facilitated the Request for Proposal (RFP) process to solicit proposals for the pumper. As such the RFP closed on February 7, 2024, with three (3) proponents responding by submitting proposals: 1. Dependable Emergency Vehicles Brampton, ON 2. 1200 Degres Tech no Feu St. Francois -Du -Lac, QC 3. Safety Source Fire Inc. Dartmouth, NS A review committee, consisting of staff from Supply Chain Management, Fleet Services and the Saint John Fire Department reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Minimum Specifications 3. Delivery 4. Service Response Time 5. Cost Also, in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial bids were opened and evaluated, and corresponding scores were added to the technical scores. 1200 Degres Techno Feu Inc.'s proposal was selected as the best proposal based on an overall rating of the evaluation criteria offering a strong overall solution for the City at a cost acceptable to staff. The above processes are in accordance with the City's Strategic Procurement Policy and Supply Chain Management supports the recommendation being put forth. ATTACHMENTS None MCI COUNCIL REPORT M&C No. 2024-066 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. 2024 Engineering Inspection Services AUTHORIZATION Primary Authotian missioner/Dept. Head Chief Administrative Officer Mikel LesterFogan/ hael Baker J.BrentMcGovern RECOMMENDATION It is recommended that Council authorize staff to establish supply agreements with the five (5) consulting firms identified in the report, at the hourly rates provided in this report, for up to $700,000 plus HST in total, for the provision of engineering inspection services for the 2024 Capital Construction projects. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements with the five (5) consulting firms totaling $700,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTIONS October 17, 2022: M&C 2022-317; 2023 and 2024 General and Utility Fund Capital Budget, approved. April 17, 2023: M&C 2023-098; 2023 General Fund and Utility Fund Capital Budget Update, approved. October 30, 2023: M&C 2023-238; Revised 2024 General and Utility Fund Capital Programs, approved. WA -2- REPORT Council has approved the 2024 Water & Sewerage Utility Fund Capital Program at $11,452,048 including HST and the 2024 General Fund (Transportation, Parks, and Urban & Rural Storm) Capital Program at $20,095,354 including HST. These programs include a total of twenty-eight (28) construction projects. A portion of the projects in the 2024 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 twelve (12) "in-house" City staff designed projects during the 2024 construction season. Some of the projects that are anticipated to be constructed in 2024 were approved in the 2022 and 2023 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. Hourly rates were submitted by consultants that were interested in providing the City this service. One hourly rate for each of the three levels of inspectors was determined (Junior, Intermediate and Senior). The hourly rates were determined based on the parameters detailed in the RFP document. Junior, Intermediate and Senior rates are as follows: Classification Hourly Rate Junior Inspector $101 Intermediate Inspector $109 Senior Inspector $113 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. Six (6) firms submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. Once one hourly rate for each level of inspector was determined, the following five (5) firms confirmed they would provide inspectors at the above noted rates: • CBCL Limited • Engineering By Houghton • EXP • GEMTEC Consulting Engineers and Scientists Limited • Stantec Consulting Ltd. 4.11 -3- The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the five (5) consulting firms. 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. SERVICEAND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2024 construction projects is difficult to predict as there are several 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 have estimated the overall value of the engineering inspection services for 2024 construction projects to be approximately $700,000 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 Wel COUNCIL REPORT M&C No. 2024-080 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement — Market Place West Park Revitalization Project AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Mikel Lester Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Market Place West Phase III Revitalization Project in the form and upon the terms and conditions as attached to M&C No. 2024-80; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction of the Market Place West Phase III Revitalization Project. 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. January 09, 2023: M&C 2023-004; Contract No. 2022-16: Market Place West Phase III Revitalization, approved 10191 -2- REPORT RDC will reimburse the City for a portion of the City's costs associated with the construction for the Market Place West Phase III Revitalization Project. The City has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $166,700.00 toward the services required to execute the construction of the Market Place West Phase III Revitalization Project. As per the agreement, the project must be completed, and all claims received by RDC by March 31st, 2024. The work involves an extension of Harbour Passage through the park, park seating, the relocation of the City owned Labour Bell, landscape improvements in the square, the addition of parking spaces, and new curb, sidewalk, and asphalt. STRATEGIC ALIGNMENT This project aligns with Council's Priorities for GROW, GREEN, BELONG, PERFORM and MOVE as the project involves upgrading the existing Market Place West Park that is currently in need of site improvements to be made. The project will also extend Harbour Passage, accentuate Market Square's features, and promote a safe and secure environment for pedestrians and cyclists. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $166,700.00 towards the project. As a result of the proposed 60% / 40% funding model, the City will be responsible for 60% of the project costs related to construction. Within the City's approved 2022 General Fund Capital Program, the Market Place West Phase III Revitalization Project was to be funded with $391,597 from Other Share funding (Canada Community Building Fund (CCBF)) and $43,403 from City Share funding. The City is planning on using the RDC funding from this agreement to offset a portion of the project costs related to construction. The City will utilize the funding saved as a result of this RDC funding to add light fixtures and required wiring to the project scope. Light fixtures were removed from the original scope of work as there was insufficient funding available at that time. Additional City Share and CCBF funding that is saved as a result of the RDC funding will be reallocated to fund potential shortfalls within the 2022 General Fund Capital Program projects or within the overall CCBF funding program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office. 31 -3- ATTACHMENT 1) Project No: 17141 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Market Place West Park Revitalization. WA New'-AmNouveau Brunswick C A N A D A February 29, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17141 Project Name: The City of Saint John - Market Place West Park Revitalization Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $166,700 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024. Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada 33 Terms and Conditions No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the project. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC maybe subject to release under the Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023, are not considered eligible expenses under this offer. If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr,fgnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at (506) 476-0608 or francine.scott(aD-gnb.ca. We look forward to the successful completion of this project. Sincerely, XJoe4lDicakinson President Enc. cc: Hon. Rejean Savoie, Minister responsible for the Regional Development Corporation Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17141 — Market Place West Park Revitalization Mayor: City Manager: Date: W Appendix A Project 17141 The City of Saint Jonn - Market Place West Park Revitalization Total Approved Contribution 2023-2024 Community Development Fund $166,700 Project Total: $166,700 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Market Place West Park Upgrades Total $416,943 $416,943 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. 01-1 Bew.�hNouveafu unswick Regional Development Corporation P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Community Development Fund Claim No: Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 17141 Project Name: The City of Saint John- Market Place West Park Revitalization Deserption of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university 50% - non-profit organization o 100% - other ❑ 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122320-14-14 122320-14-14 Payment request For office use only Claire Reviewer Project Officer Payment Authority 4275 37 account Date Date Claim Auditor W C t w m ate. arc CD w m CD yyKo�, ra o o � , :�: ,Oy ►Os O ,���, �+ q ms cD UQ Z CD CD ,. , y �CD o a. � a cD K r'' cz . ao 0� A •CCD n CD o �' o 'C', Y 0 A CD c�D v (D y d N rt 0 u y a uq v4 CD r. `e m ra z CD O e•r �� •ro CD Ay O ID �K cr CD y OAll sv C � CD � ��pp�•e-. KN CD CryD A rA. ;o COD, wo QQ O W O t C, .�• ti eD W V A% CD 'Lo3 0 .• CD �. O O � = .a -- CD CD O CAD• CD Q rA PIZ L CD ptv �� A J9 �w CD �e o� otv Q Cb d 00 CDOil •a p b Q A A lM CD C.7 � � W as O O aOd � W N d on 0 0 �•1• o � n g' o 0 0 y R MW 7 I� Q rj 9.11 D '� r r I l jl COUNCIL REPORT M&C No. 2024-081 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement: City of Saint John — Forest Hills Playground Upgrades AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Mikel Lester Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Forest Hills Playground Upgrades Project in the form and upon the terms and conditions as attached to M&C No. 2024-81; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction of the Forest Hills Playground Upgrade Project. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. 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 16, 2022: M&C 2022-162 — Contract No. 2022-783001P — Design, Supply, and Build Playground Development — Forest Hills School May 30, 2022: M&C 2022-191: Utility Fund (Revision 1) and General Fund (Revision 2) — 2022 Capital Programs, approved. 061 -2- REPORT RDC will reimburse the City for a portion of the City's costs associated with the construction for the Forest Hills Playground Upgrades Project. The City has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $139,900.00 toward the services required to execute the construction of the Forest Hills Playground Upgrades Project. As per the agreement, the project must be completed, and all claims received to RDC by March 31st, 2024. The work at the City's District Park located at the Forest Hills School includes upgrading/renewal of a large portion of the existing playground that is currently past its useful life. STRATEGIC ALIGNMENT This project aligns with Council's priorities of GROW and BELONG as the project involves upgrading one of the City's district playgrounds. The upgrades would make the playground safer and more inviting to children and their parents. The upgrades to the playground improve the quality of life for the neighboring communities and the playground includes accessible and inclusive features. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $139,900.00 towards the project. As a result of the proposed 60% / 40% funding model, the City will be responsible for 60% of the construction costs for the project. Within the City's approved 2022 General Fund Capital Program, the Forest Hills Playground Upgrade Project was proposed to be funded by $435,000 of Other Share funding coming from the Canada Community Building Fund (CCBF) funding program. The City is planning on using the RDC funding from this agreement to offset a portion of the project costs related to construction. The CCBF funding saved as a result of this RDC funding will be reallocated to fund potential shortfalls in approved CCBF funded projects or the addition of new projects to be funded through the CCBF program. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office. -3- ATTACHMENT 1) Project No: 17142 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Forest Hills Playground Upgrades. !II BNew. Nouveau runswick C A N A D A February 29, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17142 Project Name: The City of Saint John — Forest Hills School Playground Upgrades Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $139,900 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024. Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada 42 Page 2 Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the project. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under the Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023, are not considered eligible expenses under this offer. !IK3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(a--)gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at (506) 476-0608 or francine.scott@.gnb.ca. We look forward to the successful completion of this project. Sincerely, Joel Dickinson President Enc. cc: Hon. Glen Savoie, MLA Saint John East Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17142 — Forest Hills School Playground Upgrades Mayor: City Manager: Date: Appendix A Project 17142 The City of Saint John - Forest Hills School Playground Upgrades Total Approved. Contribution 2023-2024 Community Development Fund $139,900 Project Total: $139,900 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Forest Hills School Playground Upgrades Total $349,829 $349,82a The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. :111 Regional Development Corporation Claim No: New%hNouveau P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Brunswick Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: Project Name: 17142 The City of Saint John- Forest Hills School Playground Upgrades Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university 50% - non-profit organization 100% -other 0% -none The undersigned hereby certifies that: i a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122-320-14-14 122320-14-14 ' Payment request For office use only Claim Reviewer [late Project Officer Date Payment Authority 46 account elaim Auditor �pup 4. a o o Q at X1, • A co a> a+ •bD �° v V 0 'm p 2• 3 v moo• �cd •O > " 't CD ,Q O R. 0d ' u O O ., C 0 0.0 ^ V 44 +� w _ID � A b. v w ri v Dr ci a� � U � 3 a °Q co U ID O Q > s. N •O O 0 s� ei v y '00 72 z�z�o•� O O N 0 �.zraa.�Qw d A w A 0 !Vl D '� r r I l jl COUNCIL REPORT M&C No. 2024-085 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement — The City of Saint John — Harbour Passage Stairs (Union Street) AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Holly Young Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding under the New Brunswick Community Development Fund for the Harbour Passage Stairs (Union Street) Project in the form and upon the terms and conditions as attached to M&C No. 2024-085; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction of the Harbour Passage Stairs (Union Street) Project. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. 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, approved. August 31, 2024: Contract No. 2023-24: Harbour Passage (Union Street), approved in accordance with By-law Number LG-21. REPORT !E:3 -2- RDC will reimburse the City for a portion of the City's costs associated with the construction of the Harbour Passage Stairs (Union Street) Project. The City has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $72,000 toward the services required to execute the construction of the Harbour Passage Stairs (Union Street) project. As per the agreement, the project must be completed, and all claims received to RDC by March 31St, 2024 ($59,200) & March 315t, 2025 ($12,800). The approved 2022 General Fund Capital Program includes funding for design, construction management and construction of Greening/Branding and Beautification Projects. This work, at Harbour Passage — Union Street, includes the supply & installation of steel frame stairs, steel handrail, paimmng, stair decking and treads. The existing stairway is in poor condition. This project was chosen because it is a key connection point to Harbour Passage and was in need of repair. STRATEGIC ALIGNMENT This project aligns with Council's Priorities for GROW, GREEN, BELONG, PERFORM and MOVE as the project involves upgrading the existing Harbour Passage Stairs at Union Street that is currently in need of site improvements to be made. The project will maintain Harbour Passage and continue to promote an environment for pedestrians and cyclists. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $72,000.00 towards the project. As a result of the proposed 60%/40%funding model, the City will be responsible for 60%of the project costs related to construction of the new stairs. Within the City's approved 2022 General Fund Capital Program, the Harbour Passage Stairs (Union Street) project was fully funded by City share funding related to the Greening/Branding/ Beautification project. The City is planning on using the RDC funding from this agreement to offset a portion of the project costs related to construction. The City Share funding saved as a result of this RDC funding will be reallocated to fund potential shortfalls within the 2022 General Fund Capital Program projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS -3- The RDC Contribution Agreement has been reviewed by the General Counsel's office. ATTACHMENT Project No: 17132 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Harbour Passage Stairs (Union Street). 67i] New,�Nouveau Brunswick C A N A D A February 29, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17132 Project Name: The City of Saint John — Harbour Passage Stairs (Union Street) Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $72,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024 and March 31, 2025 for the work completed in each fiscal year. Regional Development Corporation/Societe de developpement n5gional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca L J Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the contract. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under the Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023, are not considered eligible expenses under this offer. 61 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(aD-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at (506) 476-0608 or at francine.scott6d)-mb.ca. We look forward to the successful completion of this project. Sincerely, Joel Dickinson President Enc. CC" Hon. Rejean Savoie, Minister responsible for the Regional Development Corporation Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17132 - Harbour Passage Stairs (Union Street) Mayor: City Manager: Date: l•V Appendix A Project 17132 The City of Saint John - Harbour Passage Stairs (Union Street) Total Approved Contribution 2023-2024 Community Development Fund $59,200 2024-2025 Community Development Fund $12,800 Project Total: $72,000 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Construction of Union Street Stairs (Harbour Passage) $180,147 Total $180,147 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. 6'51! Regional Development Corporation Claim No: NewihNouveau P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Brunswick Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: Project Name: 17132 The City of Saint John- Harbour Passage Stairs (Union St) Description of casts Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university 50% - non-profit organization 100% - other ®0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add. current advance CITYSJ Vendor 122320-14-14 122-320-14-14 — Payment request For office use only Claim Reviewer Project Officer Payment Authority 4276 account Date Date Claim Auditor . ( � f 0 p 0 0 O i•y O O N O .4 U Y 'U O ;I a� rn E� -0 o ► a �� � "L7 «ice cd � o o c� 0 a a 0 a� PC 4a M O 0 i IM w Z 6] w zo v a A 0 A ti A w q 67� D '� r r I l jl COUNCIL REPORT M&C No. 2024-087 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement: Rockwood Park Redevelopment Project Phase III AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jill DeMerchant Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the construction of the Rockwood Park Redevelopment Project Phase III in the form and upon the terms and conditions as attached to M&C No. 2024-087; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the construction of the Rockwood Park Redevelopment Project Phase III. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. 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, approved. March 6, 2023: M&C 2023-047 — Contract No. 2022-14: Rockwood Park Redevelopment Project Phase III, approved 6'tl -2- REPORT RDC will reimburse the City for a portion of the City's costs associated with the construction of the Rockwood Park Redevelopment Project Phase III. The City has been approved for a financial contribution in the amount of 37% of the eligible expenditures or $490,000.00 toward the services required to execute the construction of the Rockwood Park Redevelopment Project (Phase III). As per the agreement, the project must be completed, and all claims received by RDC by March 31st, 2024. The project involves roadway improvements along Fisher Lakes Drive which includes the installation of cross culverts, storm sewer, and street lighting, and the extension of a new multiuse trail on either side of the road. The project also involves upgrades to the access gate on Fisher Lakes Drive, replacement of the deck at the Interpretation Centre, enhancement of the existing north side trail along Duck Pond, as well as the installation of a new picnic area and Performance Pavilion adjacent to the pond. Enhancement to the Stonehammer Geosite and to the landscaping features around Duck Pond are also included in the project. STRATEGIC ALIGNMENT This project 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 City of Saint John will receive a total financial contribution in the amount of 37% of the eligible expenditures or $490,000.00 towards the project. As a result of the proposed 63% / 37% funding model, the City will be responsible for 63% of project costs related to construction. Within the City's approved 2022 General Fund Capital Program, the Rockwood Park Redevelopment Project Phase III was to be funded by $1,840,000 of Other Share funding coming from the Canada Community Building Fund (CCBF) funding program. The scope of work for this project also included renewal of sections of the Rockwood Park playground. The City is planning on using the RDC funding from this agreement to offset a portion of the project costs related to construction. The CCBF funding saved as a result of this RDC funding will be reallocated to fund a combination of an increased scope of work related to renewal of sections of the Rockwood Park playground, offsetting potential shortfalls in approved CCBF funded projects or the addition of new projects to be funded through the CCBF program. 611:3 -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office. ATTACHMENT Project No: 17140 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Rockwood Park — Phase III. 611%] BNew%d�nswNouveau ruick C A N A D A March 7, 2024 Her Worship Donna Reardon Mayor of The City of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17140 Project Name: The City of Saint John — Rockwood Park - Phase III Dear Mayor Donna Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $490,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. • Any unused funding committed in this fiscal year will expire at March 31, 2024. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2024. Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca Her Worship Donna Reardon March 7, 2024 Page 2 of 3 Terms and Conditions 1. No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the project. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC may be subject to release under the Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023, are not considered eligible expenses under this offer. Her Worship Donna Reardon March 7, 2024 Page 3 of 3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(a)-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at 506-476-0608 or at francine.scott(c)-gnb.ca. We look forward to the successful completion of this project. Sincerely, qx Joel Dickinson President Enc. cc: Trevor Holder, MLA for the riding of Portland -Simonds Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17140 — Rockwood Park - Phase III Mayor: City Clerk: Date: 11- Appendix A Project 17140 The City of Saint John - Rockwood Park - Phase III Total Approved Contribution 2023-2024 Community Development Fund $490,000 Project Total: $490,000 Regional Development Corporation will reimburse 37% of eligible costs up to the total approved contribution. Eligible Cost(s) Construction $1,184,360 HST (28.57 %) $57,139 Construction Management Services $148,938 Total $1,390,437 Ineligible Cost(s) HST $142,856 Total $142,856 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. Objectives OC_UpgradeCapitalAssets W Bunswick Regional Development Corporation Claim No: ew�Nouveau P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: Project Name: 17140 The City of Saint John- Rockwood Park - Phase III Description of costs Name of Supplier Cheque No. Cheque Amount Invoice Total HST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality 11 22.33% - university 50% - non-profit organization o 100% - other ® 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122320-14-14 122Z20-14-14 Payment request For office use only Claim Reviewer Project Officer Payment Authority 4275 account Date Hate Claim Auditor AElI rA C 9 • tTl y �Dr CD Im CD 0 r•� "�i• a ti O y A "C �] y O O 10 CD ¢ h o CDUz �.�CDC y .. -, a �U S4 CD o `C n o �. CD C Z 9 A CD ID C3 a CD Q, O 1=CD h 'C W \ d cD d CD �J ria f6 tv A R. � O 0 O ti -9 ro ti as S7 CD CD K w CD CD cCDD OCD•Y O �* p <D �. O ►s N i. C8D V1 'rAT `+ (D O C �* O 0 7Q O N R+ O D .j n N fD tS+ O D b CD ° DN u CD a✓ a CD Q.�D C•�'O• 7v"O-t - oa• H �? Q o ms CD ° ra d CD " C E K � - fD CD CA A R. 2 CD o �. .�CD o'0.o F-o o ° 0 � 0 N CD b N r,r CD O N CD A CD °a' a O � Q CD O• OeD D W 00 D �r CD o O C O O rA D ca �O hr� ARI D '� r r I l jl COUNCIL REPORT M&C No. 2024-090 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Community Development Fund Agreement: City of Saint John — Reversing Falls Trail Lookoff Access AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Gerry Mattsson Ian Fogan/Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an agreement with the Regional Development Corporation (RDC) for funding to complete the design and construction of the Reversing Falls Trail Lookoff Access project in the form and upon the terms and conditions as attached to M&C No. 2024-090; and that the Mayor and City Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an Agreement with RDC for funding under the Province of New Brunswick Community Development Fund to complete the design and construction of the new Reversing Falls Trail Lookoff Access project. PREVIOUS RESOLUTIONS April 17, 2023: M&C 2023-98 — 2023 General Fund and Utility Fund Capital Budget Update, approved October 30, 2023: M&C 2023-238 — Revised 2024 General and Utility Fund Capital Programs, approved REPORT RDC will reimburse the City for a portion of the City's costs associated with the construction of the of the Reversing Falls Trail Lookoff Access project. The City has been approved for a financial contribution in the amount of 40% of the eligible expenditures or $271,000 toward the services required to execute the construction of the of the Reversing Falls Trail Lookoff Access project. As per the C�� -2- agreement, the project must be completed, and all claims received by RDC by March 31", 2025. The approved 2023 and 2024 General Fund Capital Programs currently include City Share funding (2023 — $250,000) (2024 - $430,000) for design, construction management and construction of the Reversing Falls Trail Lookoff Access project. The Reversing Falls Trail Lookoff Access replaces an existing wooden staircase that is beyond its useful life with a meandering trail which is accessible. Construction of the new trail includes a new trail head with updated parking and pedestrian crossing. The new trailhead layout will facilitate slower traffic along Riverview Avenue West. It is anticipated that the construction of the Reversing Falls Trail Lookoff Access project will be completed in summer/fall of 2024. STRATEGIC ALIGNMENT The project aligns with Council's priorities to GROW, GREEN, BELONG and MOVE as it will improve access to the lookoff below Reversing Falls. The project will also accentuate the area's features and promote a safe and secure environment for pedestrians. In addition, through exploring funding opportunities such as this RDC funding, the City leverages viable opportunities to include features that may not have been affordable under the original budget. SERVICEAND FINANCIAL OUTCOMES The City of Saint John will receive a total financial contribution in the amount of 40% of the eligible expenditures or $271,000.00 towards the project. As a result of the proposed 60% / 40% funding model, the City will be responsible for 60% of the project costs related to construction of the trail. Within the approved 2023 and 2024 General Fund Capital Programs is City Share funding for design, construction management and construction of the Reversing Falls Trail Lookoff Access project. The City is planning on using the RDC funding from this agreement to offset a portion of the project costs related to construction. The additional RDC funding allows the City to include features in the design that may not have been affordable under the original project budget. Any City Share funding saved as a result of this RDCfunding will be reallocated to fund potential shortfalls within the 2023 or 2024 General Fund Capital Program projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RDC Contribution Agreement has been reviewed by the General Counsel's office and no concerns have been noted. AYA -3- ATTACHMENT 1) Project No: 17109 — Agreement with the Regional Development Corporation for funding under the Province of New Brunswick Community Development Fund for the City of Saint John — Reversing Falls Trail Lookoff Access. C:�:3 BNew%!Nouveau runswick C A N A D A March 7, 2024 Her Worship Donna Reardon Mayor of Saint John P.O. Box 1971 15 Market Square Saint John, New Brunswick E2L 41_1 SUBJECT: Project No.: 17109 Project Name: The City of Saint John — Reversing Falls Trail Lookoff Access Dear Mayor Reardon: We are pleased to inform you that the above -noted project has obtained support from the Regional Development Corporation (RDC). A financial contribution up to $271,000 for The City of Saint John (the Applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Reimbursement Procedures Claims for reimbursement of the contribution must be supported by copies of invoices and proof of payment of those invoices on forms herein provided. Electronic copies may be obtained at: www.gnb.ca/rdc. All payments will be made by electronic funds transfer. Please complete the attached Direct Deposit Service form. All claims must be received by RDC on or before March 31, 2025. Regional Development Corporation/Societe de developpement regional P.O. Box/C.P. 6000 Fredericton New Brunswick/Nouveau-Brunswick E3B 5H1 Canada www.gnb.ca 19. Her Worship Donna Reardon March 7, 2024 Page 2 of 3 Terms and Conditions No public announcement of funding or milestone events such as official openings and ribbon -cuttings shall be made by the Applicant without the prior written approval of RDC. 2. The Applicant shall not change the project scope, purpose or eligible costs without prior written approval of RDC. 3. RDC may refuse further disbursements if there is a materially adverse change in the financial position of the Applicant or status of the project. 4. The Applicant shall not sell or dispose of any assets purchased under this agreement for a period of 36 months following the completion of this project without prior written approval from an authorized representative of RDC. 5. The Applicant shall keep, for 36 months following project completion, all accounting books, records and statements pertaining to project costs and make these available for auditing and provide any statistical data required by RDC. 6. The Applicant shall allow any authorized representative of RDC reasonable access to the project site(s) and information. 7. The Applicant shall indemnify and save harmless the provincial government from and against all claims, demands, losses, damages, costs of any kind based upon any injury to or death of a person or damage to or loss of property arising from any willful or negligent act, omission or delay on the part of the Applicant or its servants or agents in carrying out the project. 8. The Applicant must adhere to all labour and environmental laws and regulations. 9. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom. 10. Information and documents provided to RDC maybe subject to release under the Right to Information and Protection of Privacy Act. 11. RDC acknowledges the obligation to make the required payments under this agreement. However, payment of this contribution is subject to appropriation of sufficient funds by the legislature of the Province of New Brunswick. 12. Any costs incurred prior to April 1, 2023, are not considered eligible expenses under this offer. 1'L9] Her Worship Donna Reardon March 7, 2024 Page 3 of 3 If you are in agreement with the terms and conditions of this offer, please sign and return it and your Direct Deposit Service form to RDC at rdc-sdr(ab-gnb.ca. Please note that failure to do so within 45 days renders this offer null and void. All inquiries with respect to the project are to be forwarded to Francine Scott at 506-476-0608 or francine.scott(EDgnb.ca. We look forward to the successful completion of this project. Sincerely, Joel Dickinson President Enc. cc: Hon. Rejean Savoie, Minister responsible for the Regional Development Corporation Francine Scott, Project Executive This offer accepted on behalf of The City of Saint John for Project: 17109 — Reversing Falls Trail Lookoff Access Mayor: City Clerk: Date: 71 Appendix A Project 17109 The City of Saint John — Reversing Falls Trail Lookoff Access Total Approved Contribution 2023-2024 Community Development Fund $30,000 2024-2025 Community Development Fund $241,000 Project Total: $271,000 Regional Development Corporation will reimburse 40% of eligible costs up to the total approved contribution. Eligible Cost(s) Design $94,405 Site Preparation $116,725 Landscaping $299,675 Lighting & Misc. $47,500 Contingency $92,780 HST (28.57%) $27,905 Total $678, 990 The portion of Harmonized Sales Tax (HST) refunded by Canada Revenue Agency is considered ineligible. Regional Development Corporation Claim No: New ��Nouveau P.O. Box 6000, Fredericton, New Brunswick E3B 5H1 Brunswick Community Development Fund Final Claim: List all eligible project costs with invoices and cheque numbers on this form. Include a copy of each invoice and proof of payment. Failure to record and support each cost will cause a delay in processing. Project Number: 17109 Project Name: The City of Saint John- Reversing Falls Trail Lookoff Access Description of costs Name of Supptter Cheque No. Cheque Amount Invoice Total FIST Total Eligible & supported costs (total -HST refund) % of HST refunded by Canada Revenue Aaencv 71.43% - municipality ❑ 22.33% - university ❑ 50% - non-profit organization ❑ 100% - other El 0% - none The undersigned hereby certifies that: a. the invoices above represent eligible project costs that have been paid in full and the work completed; and b. no other public financial assistance has been received or is to be received for the part of the project against which this reimbursement is claimed. Signature Print Name Date Title Company Telephone Eligible & supported costs Less: previous advance Add: current advance CITYSJ Vendor 122&20-14-14 122320-14-14 Payment request For office use only elaim Reviewer Date Project Officer Date Payment Authority 4275 account Claim Auditor 73 l=, N C O Ow owCJ G C4 U o g:w ` aow oA w U R G� ..V. ice. A aq O = V o ' 0 0 w° ° o Qr NO U," El N N C) cd N cd 0 ° O O .� , 5 cd .0 0 o 0 5 , 0 cat ;.. � "' � 1� v - A c4 oO o o -Z o ° U 2 a� w .� a �. � F a, �n E-■ A t, z IO z b 42, Z r p a Cl ° a a w o b o ee W 4� n N y A o U O O O o U !c O SO y 0 o o ;0.mo0 cd A LS qp rJ i+ N . U N sp y 4r cd In O E, E. Z � Z cd cd Q c� bA r. � 2 �w Q,; o y 0 o cd 0 0', 0 o -� V � ; o S9 y N « , E � Co a a4 -cs . zwa °'¢w d A d q rL! COMMON COUNCIL REPORT M&C No. 2024- 089 Report Date March 12, 2024 Meeting Date March 18, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Response to a Proposed Motion from November 27, 2023, by Councillor Brent Harris AUTHORIZATION Primary Author Commissioner Chief Administrative Officer Jennifer Kirchner/ Amy Poffenroth J. Brent McGovern David Dobbelsteyn RECOMMENDATION RESOLVED That Common Council receive and file this report for information. EXECUTIVE SUMMARY The purpose of this report is to provide Common Council with follow up information associated with a referral motion regarding the submission by Councillor Brent Harris at the November 27, 2023, Meeting of Common Council concerning Proposed Amendments to the Zoning By -Law and Municipal Plan. Since the referral motion, the City has entered into an agreement with CMHC for the Housing Accelerator Fund which address many of the proposed amendments by Councillor Harris. Beginning this summer, staff intend to start bringing forward amendments to streamline development and that conform to the City's obligations through the Housing Accelerator Fund Plan In summary, staff's views of the six ideas proposed are as follows: 1. Staff is supportive of permitting 4 units as -of right in all residential areas as appropriate, and will begin a process for this as part of the Housing Accelerator Action Plan 2. Staff is supportive of permitting 6 units as -of -right in intensification areas and will begin a process for this as part of the Housing Accelerator Action Plan 3. Staff is supportive of exploring the removal of 'public hearings' at PAC for applications where they do not hold final decision -making power and when such hearings are not legally required. Staff will explore this option as part of the City's efforts to streamline development approvals through 01 -2- the Housing Accelerator Fund Plan. Staff are unsupportive of eliminating Public Hearings at Common Council meetings. 4. Staff suggest that prior to any decision by Common Council to waive parking minimums, the issue should first be studied, such as through the PLAN SJ review, or parking studies. 5. Staff is supportive of rationalizing certain zone types and will begin a process for this as part of the Housing Accelerator Action Plan. 6. Generally speaking, staff is not supportive of allowing high -density mixed use as of right in all commercial zones with some exceptions. PREVIOUS RESOLUTION At the Monday, November 27, 2023, meeting of Common Council, the following resolution was presented. Resolved that Common Council aligns with emerging best practices around zoning and housing creation by amending our municipal plan and zoning plan to do the following: • Allow up to 4 units on single-family homes or duplex lots. • Allow up to 6 units along rapid transit routes. • Petition the province to eliminate the requirement for public hearings where neighbourhood plans or community plans have alignment with the proposed development. • Eliminate Parking minimums to allow for developers to decide what level of parking service that is required. • Rationalize zoning in Saint John to allow to reduce zone types. • Change all commercial zoning to high -density mixed use by right. The motion was not voted on, a referral motion took precedence. Moved by Councillor Sullivan, seconded by Councillor Ogden: RESOLVED that the proposed amendments to the Zoning By -Law and Municipal Plan submitted by Councillor Harris be referred to the Chief Administrative Officer for a staff report. MOTION CARRIED with Councillors Harris and Radwan voting nay. REPORT Development within the City of Saint John is guided by overarching planning documents including PlanSJ (the City's Municipal Plan) and ZoneSJ (the City's Zoning By -Law). The Municipal Plan provides an overarching land use framework 01.1 -3- that indicates land uses such as residential, commercial, and industrial uses. The document also provides more detailed planning direction through the development of Secondary Plans, which focus on neighbourhood planning within specific geographic areas. The Zoning By -Law provides specific development regulations that ensure that development meets the standards established for a variety of land uses. While these standards are designed to create a singular set of requirements for development, site specific exceptions are considered through the issuance of Variances, based on the technical review and approval of the City's Development Officers. It should be noted that while the current Municipal Plan and Zoning By -Law were established in 2011 and 2014 respectively, they have been amended and updated multiple times since their creation, in order to support planning best practices and to react to emerging development trends in the City. Of note was the adoption of the Central Peninsula Secondary Plan in 2020 and the series of Zoning By-law amendments that have taken place in 2022 and 2023 which have provided enhanced flexibility for a variety of residential land uses including Converted Dwellings, Converted Accommodations, Crisis Care Facilities and Supportive Housing and Facilities. The City has entered into a new agreement with CMHC for the Housing Accelerator Fund, and some of the City's new commitments address the proposed amendments by Councillor Harris. Proposed Amendments 1. Allow up to 4 units on single-family homes or duplex lots. Staff Perspective: Staff is generally supportive of the intent of the motion. Housing Accelerator: This is a commitment of the City for Initiative 6 in the City's HAF Plan and will be addressed in Summer 2024. The City of Saint John's Zoning By -Law currently provides for a diverse range of residential land uses that allow as -of -right low -density development in our R1 (One -Unit Residential) and R2 (Two -Unit Residential) zones. Through these permitted land uses, it enables every residential property in the City to essentially be developed with two dwelling units, although in different configurations. Some of the specific land uses that currently exist in our Zoning By -Law include: • The as -of -right development of Secondary or Garden Suites on any residential property containing a single-family dwelling. No -4- • The conversion of houses built prior to 1967 into 6-unit residential buildings in the majority of residential zones. This accounts for 6,044 properties (or 51.2%) within the R1 and R2 zones. • The inclusion of supportive housing and supportive facility— minor, within all residential zones, which allows for more diverse housing options that require more specialized care or support for those with diverse needs. As part of the City's Housing Accelerator Fund Action Plan, the City's Initiative 6 — Zoning By -Law Reform, will build on the strength of the existing Zoning By -Law and the past housekeeping amendments that have been undertaken by Community Planning staff in the last few years. One of the key milestones (Milestone 4) in this Initiative will be to increase the maximum number of dwelling units permitted in urban residential areas to four as appropriate. This will focus on the existing R1 and R2 properties within the City, which are traditionally serviced by municipal infrastructure and developed to an urban standard. To further build on this commitment, an additional milestone (Milestone 6) will be undertaken concurrently which will increase the maximum number of dwelling units permitted within residential intensification areas to six as appropriate. This will again focus on lands currently zoned R1 and R2. It should be noted that these Milestones directly align with the goal to End Exclusionary Zoning, as identified in CMHC's 10 Housing Accelerator Fund' best practices. 2. Allow up to 6 units along rapid transit routes. Staff Perspective: Staff is generally supportive of the intent of the motion. Housing Accelerator: Initiative 6: Increase the maximum number of dwelling units permitted within residential intensification areas to six as appropriate. The City Housing Accelerator Plan agreement addresses the City's willingness to increase density in areas of the City where it makes sense, specifically within residential intensification areas as outlined in Plan SJ. The City intends to begin this process beginning in Summer of 2024. These areas of the City are served by Saint John Transit and are within the Primary Development Area. While the City of Saint John has a growing Transit system, it does not meet the frequency and volume required to meet the definition of Rapid Transit perCMHC's ' CMHC "Resources for Housing Accelerator Fund Applicants", October 23, 2023. Resources for Housing Accelerator Fund Applicants I CMHC (cmhc-schl.gc.ca) N-11 -5- assessment. As such, this was not a strict requirement of our Housing Accelerator Fund Action Plan. In the more urban areas of the City, our existing Transit routes typically follow major commercial corridors and align with areas with higher density residential development or zoning to allow for future multi -unit development to occur. This is particularly true forthe City's three main transit lines. Some Transit routes travel within established lower density neighbourhoods which are largely zoned R1 and R2. With the above -mentioned changes to the Zoning By -Law, we will see these lower -density areas increase to allow either 4 or 6 units on each property. Other Transit Routes serve our rural areas, or transverse these areas in order to reach notable sites such as the airport. In these areas, any residential development is privately serviced by septic and well systems and are not designed to support increased density. 3. Petition the Province to eliminate the requirement for public hearings where neighbourhood plans or community plans have alignment with the proposed development. Staff Perspective: Staff is partially supportive of the intent of the motion. • Staff is supportive of exploring amending the practice of holding 'public meetings' at Planning Advisory Committee (PAC) meetings for applications where PAC is not the final decision maker, such as for applications that must go to Common Council for a subsequent public hearing and decision. • Staff is unsupportive of advocating for legislative changes that would eliminate public hearings at Common Council meetings. Housing Accelerator: Discussion of public hearings is not a strict requirement of the City's HAF plan, but are related to the Action on Governance Reform, and the idea of removing 'Public Hearings' at PAC will be explored by staff as part of the housing keeping amendments the City is making to streamline development approvals beginning this Summer. In late November 2023, the British Columbia government changed their planning process to provide municipalities the option of not holding a public hearing when a proposed rezoning permits residential development consistent with an existing Official Community Plan (in the case of Saint John, this would be PlanSJ) or when 0611 -6- it relates to a small-scale multi -family housing development.' The concept is to streamline housing approvals in the face of marathon Public Hearings that have reached multiple days in length and to help process housing applications quicker in order to deal with the housing crisis. Public Hearings are a standard legislative requirement for many planning processes including Municipal Plans, Zoning By-laws (including rezonings), and Section 59 Conditions. The Community Planning Act guides these processes in New Brunswick and outlines the basic requirements for Public Hearings. A Public Hearing must occur during a Common Council Meeting as part of the By -Law process. The decision to eliminate the requirements for Public Hearings lay in the hands of the Provincial Government. This would require changes to the Community Planning Act and broader considerations of the role of public engagement and consultation in community planning. Public Hearings provide an invaluable opportunity for neighbours and other stakeholders to engage with a decision - making authority, such as Common Council and to share with them their views on how a proposed development will impact them or their properties. While there is a risk of Public Hearings becoming a venue for Nimbyism (Not in My Back Yard) it is important for decision makers and developers to understand public feedback around developments and approve, amend, or reject proposals as appropriate in response to such feedback. While Saint John wants to be seen as Pro Development, advocating for legislative changes that would eliminate Public Hearings could be seen as silencing community interests. With respect to the motion about eliminating public hearings where neighbourhood plans or community plans have alignment with the proposed development, staff observe that these plans were not written with such clarity, and such alignment would not be clearly self-evident. The Plans presume that all future proposed amendments would be reviewed by registered professional planners, PAC, and Council. Generally speaking, a planning application for a rezoning or a Plan amendment is made because, by definition, the application does not conform with existing plans or the Zoning By-law. As such, staff still recommend public hearings at Council Meetings. Staff is undertaking an assessment of when public input at PAC meetings is appropriate and when it would not be required. The Community Planning Act z Davidson, Kira. "New BC Housing Legislation Brings Changes to the Public Hearings Process." British Columbia Law Institute. December 15, 2023. New BC Housing Legislation Brims Changes to the Public Hearings Process - British Columbia Law Institute (bcli.org) E:191 -7- specifies that Common Council is supposed to seek the written views of the Planning Advisory Committee before making many land use decisions. PAC can give its views of planning matters to Common Council with or without having conducted a'public hearing'. Although in -person public feedback is highly valued by PAC members for its depth and usefulness in shaping their recommendations to the Common Council, the current practice of soliciting in -person public input for decisions where PAC isn't a final authority, like rezoning applications, goes beyond what the Community Planning Act legally mandates. Staff will be exploring amendments to this current practice as part of the City's amendments to streamline development approvals this summer. 4. Eliminate Parking minimums to allow for developers to decide what level of parking service that is required. Staff Perspective: Staff recommend that Council wait on making decisions on parking minimums until the issue is further studied to insure there are no deleterious effects to the City or residents. Housing Accelerator: Parking Minimums will be explored as part of the development of the North End Secondary Plan, reviewed as part of the review of PLAN SJ in 2026 and through the upcoming Uptown Parking Study. The City's Zoning By -Law currently establishes parking requirements for a variety of uses allowed within our community. This includes parking standards for commercial, industrial and community uses that need to provide parking for staff and visitors who may not live within proximity to the location or may be visiting outside of the normal Transit Service hours. Regarding residential development, one (1) parking stall is required per dwelling unit. Despite this standard, there are several exceptions to this rule. The Zoning By -Law identifies a large portion of the Central Peninsula as a parking exemption area. This permits development to occur without the provision of parking. This is a viable option as this portion of the City is compact and walkable, heavily served by Transit, has a mechanism for on -street parking (via residential parking passes and metred parking) and has a variety of public and private parking lots that can support residents, workers, and visitors. It should be noted that aside from the Residential Parking Permit Program, there are very few possible controls to manage on -street parking demand for a development that underestimated or under -provided onsite parking opportunities. E:1iI -8- Other portions of the City, largely aligned with intensification areas, are identified as Parking Reduction Areas. These areas allow developments to provide 80% of the parking needed for the proposed use. These areas typically align with some of the more established, higher density neighbourhoods within the City that are served by Transit and have on -street parking. Affordable Housing is unique in the Zoning By -Law as the parking standard is 0.5 parking stalls per dwelling unit. For those projects in a Reduction Area, this allows for an increased reduction. There could be negative consequences to waiving parking minimums if a developer constructed a new residential area that was not served or underserved by Saint John Transit. Either the City would need to accept that people who cannot afford a vehicle would struggle to live there, or the City could be forced to spend significant costs on Transit service to provide improved access to that area so that people who cannot afford vehicles could also live in those buildings. In addition to those opportunities mentioned above, further parking reductions can be considered on a site -by -site basis through the application of a Variance. These Variances, which are reviewed and approved by the Development Officer, assess the site to determine if further reductions or even the elimination of parking requirements can be supported. This takes into account a variety of factors such as proximity to transit stops, availability of on -street parking, and the identified needs of the tenants. Most of these requests are for areas that have the infrastructure and services needed to support the reduction and still provide necessary accessible parking stalls. It can be noted that the vast majority of residential development projects are being proposed with parking and are either meeting the existing parking standards or requesting minor variances. Those sites that do seek larger variances are typically the conversion or renovation of existing residential structures in the Central Peninsula, North End and Lower West neighbourhoods. Large scale changes to our parking requirements will need to be thoroughly assessed to determine the implications of these changes, as it can be assumed that many residents and workers in the City will still rely on cars for their regular transportation needs. Some topics that would need to be considered are: • The availability of on street parking (free, metred and permit based) and the ability to absorb the additional drivers seeking parking places. -9- • The location and availability of public and private paid parking lots/parkades and whether this will cause demand for more standalone facilities to be constructed across the City. • The impact of the provision of services such as street snow removal and sidewalk plowing. o Street snow removal will be critical to ensure the ability of Saint John Transit to operate during more extreme weather events. o The snow clearing of sidewalks would be critical to ensure that all sidewalks and pedestrian routes are fully cleared and salted before people leave for work and appointments. • The impact on the Aging Population as well as those with Accessibility challenges and limitations which have different needs than the general population. This could include: o The ability for healthcare support services to find parking near clients' homes. o Impact on Accessible Parking provisions and availability. o Impact on ability to attend necessary appointments. o Impact on ability to live independently. The City has committed to undertaking a parking study for the Central Peninsula which will help assess the parking needs and demands for the area. This will help inform staff about the existing and projected need for parking in the area and can help determine if the existing combination of a parking exemption area and reduction area are working or if problems will arise. This is critical as the Central Peninsula is the single area of the City that has the best variety of parking and transportation alternatives to serve the public. As the City moves forward with work under the Housing Accelerator Fund Action Plan, there are opportunities to look at our parking standards. With the development of the North End Neighbourhood Plan, there is an opportunity to assess development standards for the area and consider specific parking exemptions or reductions similar to those undertaken for the Central Peninsula. Consideration can also be given to changing the parking requirements for Affordable Units if there is a desire to support a further reduction or complete elimination for those projects (excepting requirements for accessible parking stalls). Ultimately, a broad scope removal of parking minimums would likely not be feasible as it assumes that all areas of the City have equal access to alternative parking choices, have regular and timely access to public transportation and can E:ic3 -10- walk to the places they need to go. Consideration would be best by approaching this on the neighbourhood level (e.g. As part of the new Neighbourhood Plans) or looking to lower parking requirements based on specific land uses (e.g. Affordable Housing). 5. Rationalize zoning in Saint John to allow to reduce zone types. Staff Perspective: Staff is generally supportive of the intent of the motion. Housing Accelerator: This is a commitment of City for Initiative 6 in the City's HAF Plan and will be addressed in Summer 2024. As part of the City's Housing Accelerator Fund Action Plan, the City's Initiative 6 — Zoning By -Law Reform, will provide an opportunityto make changes to the Zoning By -Law, with several specific milestones earmarked. As part of this process, the R1 and R2 zones will be consolidated, to formalize a zone that allows a 4 unit maximum on most urban residential properties. Some of these lots will instead be rezoned to RL (Low -Rise Residential) in order to facilitate a 6 unit maximum. While undertaking this review, staff will also be able to assess the viability of combining the CR (Regional Commercial Zone) and CR-R (Regional Commercial Residential) zone, which is mentioned below. In addition, traditionally upon the completion of a full review of a Municipal Plan, the Zoning By -Law is in turn reviewed and updated to reflectthe updated planning direction for the City. At that time, the assessment would include a review of the functionality of the existing zones, determination if zones should be combined and/or determining if emerging trends require other significant changes. This could result in further streamlining of zones. 6. Change all commercial zoning to high -density mixed use by right. Staff Perspective: While staff understand intent of the motion, they are generally opposed: • There are some commercial zones that already permit residential use, including medium and high density residential. • Some commercial zones are inappropriate for residential or mixed used and permitting such use could lead to considerable complaints from either residents, or businesses, or both, due to conflicting uses, or would mixed use would eliminate helpful buffers that keep residents separated from industry. Housing Accelerator: The City's Initiative 6 — Zoning By -Law Reform, can provide an opportunity for Community Planning staff to assess the viability of combining Evil -11- the CR and CR-R zones to provide an as of right framework to incorporate residential development into these types of commercial areas. Commercial zones vary depending on the type of land uses they permit. Some commercial zones are designed to support commercial uses that serve a very local area and have limited impact on surrounding properties. These zones are designed to be compatible with residential uses and provide services and businesses that can easily be incorporated into a neighbourhood. Examples of commercial uses include uses such as hair salons, day care centres, medical clinics, and bakeries. Other commercial zones are designed to support commercial uses that are vehicle oriented and compatible with light commercial industrial uses. These zones, including our Corridor Commercial (CC) zone are not typically considered compatible with residential uses and often contain permitted uses that cannot be located on the same lot or within a certain distance of residential properties/dwelling units. These zones are often located on our major throughfares, adjacent to rail -lines and may be located next to established industrial properties. When considering adding uses to existing zones, it is important to ensure that the existing permitted uses can continue to be supported. This is often of particular importance when considering adding commercial uses into industrial areas and when considering adding residential uses into commercial areas. While a diversity of uses may seem beneficial, it can develop a land use conflict within a specific zone and essentially prevent a permitted use from occurring. The City's existing Zoning By -Law promotes and encourages mixed commercial and residential uses. This is often a successful way of ensuring residents live in vibrant and active neighbourhoods that help meet their needs. Of the eleven existing commercial zones, the following zones do not permit dwelling units. • CAE (Adult Entertainment Zone) o This zone contains uses that are fundamentally incompatible with residential uses including Adult Entertainment Facilities. • CC (Corridor Commercial Zone) o This zone contains vehicle oriented commercial and compatible light industrial uses, some of which have restrictions for co -location or proximity to residential development. o This zone is also often located adjacent to rail lines and industrial properties, and provide a critical physical buffer and separation E:16'7 -12- between the rail lines and industrial uses and the residential buildings. • CW (Waterfront Commercial Zone) o This is a zone that accommodates interim uses and site preparation. In order to develop the site, a rezoning to a specific zone is required. An example of this scenario would be the Fundy Quay site which underwent site design and rezoning to support a site -specific project. • CR (Regional Commercial Zone) o This zone exists alongside the CR-R (Regional Commercial Residential) Zone which was designed to provide consideration for residential development within a large format commercial area such as the East Point Commercial Area. As part of the City's Housing Accelerator Fund Action Plan, the City's Initiative 6 — Zoning By -Law Reform, can provide an opportunity for Community Planning staff to assess the viability of combining the CR and CR-R zones to provide an as of right framework to incorporate residential development into these types of commercial areas. SERVICEAND FINANCIAL OUTCOMES The initiatives established within the City's Housing Accelerator Fund Action Plan will provide the budget to undertake Zoning By -Law reform. A large-scale review of PlanSJ is intended to commence in early 2026 and will be financed through the City's Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services, Public Works and Transportation, General Counsel Office and the Office of the Chief Administrative Officer provided input on this report. ATTACHMENTS None E:11.1 r� 'The city of saint John PROCLAMATION WHEREAS: Purple Day is a global effort dedicated to promoting epilepsy awareness in countries around the world; WHEREAS: Epilepsy is one of the most common neurological conditions, estimated to affect over 50 million people worldwide and 42 people in Canada are diagnosed every day; WHEREAS: One in ten persons will have at least one seizure during his or her lifetime; WHEREAS: The public is often unable to recognize common seizure types, or how to respond with appropriate first aid; and, WHEREAS: Purple Day will be celebrated on March 26 annually to increase understanding, reduce stigma and improve the quality of life for people with epilepsy throughout the country and globally. NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim March 26, 2024 as "Purple Day" in The City of Saint John, in an effort to raise awareness of epilepsy in Canada. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 87 March 7, 2024 Her Worship Mayor Donna Noade Reardon and Councillors SUBJECT: Proposed Municipal Plan Amendment — 241-281 Douglas Avenue A Public Presentation was made on February 5, 2024 of a proposed amendment to the Municipal Development Plan that would: 1. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 584.42 square metres, located at 241 Douglas Avenue, also identified as PID 00379230, from Stable Area and Park and Natural Area to Stable Area; 2. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 829.18 square metres, located at 247 Douglas Avenue, also identified as PID 55172860, from Stable Area and Park and Natural Area to Stable Area; 3. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 960.21 square metres, located at 249 Douglas Avenue, also identified as PID 00379255, from Stable Area and Park and Natural Area to Stable Area; 4. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 16,773.37 square metres, located at PID 00377937, from Stable Area, and Park and Natural Area to Stable Area; 5. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 694 square metres, located at 281 Douglas Avenue, also identified as a portion of PID 55222129, from Park and Natural Area to Stable Area; 6. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 584.42 square metres, located at 241 Douglas Avenue, also identified as PID 00379230, from Stable Residential and Park and Natural Area to Major Community Facility; 7. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 829.18 square metres, located at 247 Douglas Avenue, also identified as PID 55172860, from Stable Residential and Park and Natural Area to Major Community Facility; (PO SAINT JOHN R.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.I? 1971 Saint John, N.-B. Canada E2L 4L7 E:1:1 8. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 960.21 square metres, located at 249 Douglas Avenue, also identified as PID 00379255, from Stable Residential and Park and Natural Area to Major Community Facility; 9. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 115.88 square metres, located at 255 Douglas Avenue, also identified as PID 55222012, from Stable Residential to Major Community Facility 10. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 544.57 square metres, located at 261 Douglas Avenue, also identified as PID 00377945, from Stable Residential to Major Community Facility; 11. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 546.77 square metres, located at 263 Douglas Avenue, also identified as PID 00358481, from Stable Residential to Major Community Facility; 12. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 16,773.37 square metres, located at PID 00377937, from Stable Residential, Park and Natural Area and Major Community Facility to Major Community Facility; and 13. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 694 square metres, located at 281 Douglas Avenue, also identified as a portion of PID 55222129, from Park and Natural Area to Major Community Facility to permit the expansion of a museum. The required advertising has been completed and attached you will find a copy of the public notice, application, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, May 13, 2024 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor City Clerk (P4-1 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 E-lue ee ip, rent Sho Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 241, 247, 249, 261 & 263 Douglas Avenue APPLICATION # FEE PAID Y N TYPE OF APPLICATION Land for Public Purposes Release Application Fee: $350 ❑Section 59 Amendment Application Fee: $2,650 ❑ Non -Conforming Use Application Fee: $250 ❑ Zoning By-law Amendment Application Fee: $2,650 ❑Satisfactory Servicing Application Fee: $350 Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (5061658-2911 or CneStop@` saintjohn.ca for further information. Rezoning and municipal plan amendment as required for 5 residential properties undergoing strategic acquisition by the Province of NB (please see supporting materials for additional will - - --- NBM to it's historic home of 277 Douglas Avenue (also known as "The Provincial Museum" building) ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The civic address 255 Douglas Avenue (PID 55222012) between 249 and 261 Douglas Avenue is owned by the City of Sainto n and provides access to an existing municipal services easement adjoining trie rear of the prnperty A private sewer easement is also present on the property of 247 Douglas Avenue. AUTHORIZATION As of the date of this application, 1, 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 fort 's ap lication. See Supporting Materials ✓ �br i Registered Owner or Authorized Agent Additional Registered Owner Note: Consent has been received from each property owner. Signed consent letters are included within the documentation Sof this application. Date 7 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. uouncu Appocaaon rorm zuzi uo ui f 1961r, U-- 0- P'l-il'unt 8 16- j a,\\IN'G c? `t' DIN 1. `4 Kati rRl `l`t f.;Rl SAINT JOHN OneStop@saint;ohn.ca Phone:658-2911 Fax:632-6199 General 1-1 rmtl_ GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : 241, 247, 249, 261 & 263 Douglas Avenue PI D # : Various (see supporting materials attached) N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N LLLL APPLICATION #: DATE RECEIVED: H Vt RECEIVED BY: APPLICANT EMAI L PHONE 506-643-2351 Z O MAILING ADDRESS POSTAL CODE a 277 Douglas Avenue E2K 1 E5 CONTRACTOR EMAIL PHONE � NA z i- MAILING ADDRESS POSTAL CODE Z Q J OWNER EMAIL PHONE aVarious (see supporting materials attached) MAILING ADDRESS POSTAL CODE PRESENT USE: Residential PROPOSED USE: Museum BUILDING PLANNING INFRASTRUCTURE HERITAGE INTERIOR RENOVATION ❑NEW CONSTRUCTION ❑VARIANCE �ISTREETEXCAVATION II HERITAGE DEVELOPMENT Q ❑EITERIORRENOVATION ❑ACCESSORYBLDG []PLANNING LETTER []DRIVEWAY CULVERT ❑HERITAGE SIGN F- ❑ADDITION ❑POOL ❑✓ PACAPPLICAT10N ❑DRAINAGE ❑HERITAGE INFILL Q❑DECK ❑DEMOLITION ❑COUNCILAPP ❑WATER&SEWERAGE ❑HERITAGE DEMO uj ❑CHANGE OF USE ❑SIGN ❑SUBDIVISION ©OTHER ❑✓ OTHER u ❑MINIMUM STANDARDS ❑OTHER ❑OTHER LL Rezoning and municipal plan amendment as required for 5 residential properties undergoing strategic acquisition by the Province of (please see supporting material's foradditional z Yinformatiom). The Now Brunswiek 0Museum The properties will be eemselidated with that e)eetjp*ed by f- (NBM) and will facilitate construction of the proposed museum addition. The pro-'ect will W return the NBM to it's historic home of 277 Douglas Avenue (also known as "The Provincial Museum"ui ing). ❑I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy officer: City Hall Building 4. 15 Market Square Saint John, NB E2L IE8 CommonC lerknsaintj ohn. ca (506)658-2862 Tb, cnr 0(—i nnn I the undersigned, hereby apply for the permits) or approval;s), Iindicated above for the work described on plans, submissions and 6 forms herewith submitted. This application includes all relevant 5 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 IT osed. L pplicant-tga. i1 v pp f iignoture 5 ---2,0;1- 1� Date 91 diamond schmitt 384 Adelaide Street West, Suite 100 Toronto, ON M5V 1R7 t: 416 862 8800 1050 West Pander Street, Suite 2010 Vancouver, BC V6E 3S7 t: 604 674 0866 1776 Broadway, Suite 2200 New York, NY 10019 t: 212 710 4329 www.dsai.ca info@dsai.ca Jennifer Kirchner Manager, Community Planning / Gestionnaire, Service D'Urbanisme City of Saint John I Ville de Saint John Cell / Cellulaire: (506) 639-7933 January 10, 2024 New Brunswick Museum - Re -zoning, Municipal Plan Amendment & Heritage De -designation Request Dear Jennifer, We have been working with the Board of the New Brunswick Museum on the preliminary planning and design for the exciting new museum project to be located at the original Douglas Ave. site. Please find below an outline of the purpose and rationale for this re -zoning, municipal plan amendment and heritage de -designation application. The outline includes project summary, proposed zoning, municipal plan amendment and heritage de -designation, site selection summary, design intent and community consultation strategy. Please find attached the following supporting documents and drawings: • List of properties forming application • Council Application • General Application • Consent letters from property owners • Request for heritage property de -designation • Parking Recommendations Report for the New Brunswick Museum • Traffic Impact Statement • Conceptual Sanitary & Water Demand • Site Plan • Site Plan — Demolished • Shadow Studies • Building Elevations* • Massing perspective* *Preliminary conceptual massing perspectives and elevations are included to indicate the general size, shape, and siting of the new museum. The design is being further developed and will integrate suggestions received during the Community Consultations sessions. Updated elevations and renderings will be provided as the design becomes more detailed. ON diamo6 schmit Project Summary The purpose of this planning application is to secure required re -zoning and Municipal Plan amendments for six (6) contiguous residential properties along Douglas Ave. Four (4) of the properties in question have reached an agreement for the transfer of ownership as part of a strategic acquisition of lands that will facilitate revitalization of the "Provincial Museum" building for the New Brunswick Museum (NBM). The other two (2) properties included in this application were previously acquired by The Department of Transportation and Infrastructure (DTI). In addition to the rezoning and Municipal Plan amendments, this application also requests the removal of 241 Douglas Avenue from the Douglas Avenue Heritage Conservation Area. The properties included in this application will be consolidated with that of the Museum building (owned by the Province of New Brunswick) to form a single property and facilitate construction of the proposed addition to the existing Museum building. The design intent of the proposed addition will be presented in the following sections of this application to demonstrate alignment with the City of Saint John's growth and development goals and the Municipal Plan amendment process. The Museum's history in Saint John can be traced to the 1840's and is Canada's longest continuing museum facility. However, in 2022, the Market Square exhibition space (home of the NBM since 1996) was closed and there is presently no exhibits in operation until construction of the new facility has been completed. In January of last year, the NBM released a request for proposals for the design of a new facility to securely preserve and showcase New Brunswick's natural and cultural history. In early April 2023, it was announced Diamond Schmitt Architects (DSA) was selected to design the new facility. Since that time, the consultant team (DSA and EXP) has been diligently working toward breaking ground on the project; currently expected to begin in Spring 2024. The Archives & Research Library, Humanities & Natural History collection storage which has continued to operate from the Douglas Avenue "Provincial Museum" building has begun the process of relocating to a new off -site facility as the NBM prepares the building for the proposed renovation and addition. This significant project will not only stabilize the existing c.1930 building but return the museum to their original home as well. In doing so, securing the New Brunswick Museum's legacy for the next 100 years. Proposed Zoning and Municipal Plan Amendment The properties affected by this application are as follows: • 241 Douglas Ave. (PID 00379230) • 247 Douglas Ave. (PID 55172860) • 249 Douglas Ave. (PID 00379255) • 261 Douglas Ave. (PID 00377945) • 263 Douglas Ave. (PID 00358481) • 255 Douglas Ave. (PID 55222012) 019] diamorr, schmitt Rezoning This application requests rezoning the six (6) properties (noted above) from Mid -Rise Residential (RM) to Major Community Facility (CFM). Rezoning will facilitate land consolidation required to build a state-of-the-art addition on the existing "Provincial Museum" building. Please refer to supporting materials for additional information on the proposed design. Comparison of the existing zoning to the proposed is demonstrated in the chart below. Mid -Rise Residential (RM) Major Community Facility (CFM) FRONT YARD 6m 5m REAR YARD 6m 7.5m SIDE YARD 1.5-2.5M 7.5M (DEPENDING ON RESIDENTIAL TYPOLOGY) FLANKAGE YARD 3.5m 7.5M MAXIMUM BUILDING 11 M 24M HEIGHT The development scale associated with the CFM zone is not unprecedented along Douglas Avenue. Similar land use and scale of building have existed previously along the corridor (ie. King George School and the Observatory, St. Peters Church). The neighbouring "Provincial Museum" museum property is already zoned CFM, as is Harbourview High School. Municipal Plan Amendment In addition to the proposed rezoning, this application also requires a Municipal Plan amendment; reassigning the residential lands (six properties previously identified) to Major Community Facility use. This request is supported by several policies under the Plan. Context Per the Municipal Plan (the Plan), Douglas Avenue is a "character corridor," identified as a place for ongoing investment in quality streetscaping and urban design, character corridors strengthen the quality of place in significant areas of the city. This investment along Douglas Avenue intends to maintain quality of the public realm (as it relates to the heritage context), as well as attract high quality development in the adjacent intensification areas. In addition to being along an important character corridor, the properties affected by this application are also part of a stable 0L! diam , schmi residential area that adjoins a large natural area to the west and heavy industrial to the east. The residential land use along Douglas Avenue is punctuated by two (2) historic institutional uses (The NB Museum and Harbourview High School), also designated Major Community Facilities under the Municipal Plan. Supported Rationale As noted by the Plan, stable Areas are intended to grow and evolve through minor change. The proposed renovation and addition to the "Provincial Museum" building is simply expanding the existing land use along Douglas Avenue thus reinstating the New Brunswick Museum to its historic home. Per the requirements of the CFM land use, key development/urban design goals and policies of the Plan, the proposed design intends to: • Contribute positively to the neighbourhood through high quality development and design excellence. • Use landscape design strategies that will enhance the site/ public realm and buffer the proposed addition from neighbouring residences. • Provide a universally accessible facility with an enhanced pedestrian arrival experience as well as better connection to the broader public realm along Douglas Avenue a new street facing entrance. • Leverage the existing transit corridor along Douglas Avenue, as well as active recreation (bike lanes) and connection to the South - Central Peninsula via Harbour Passage offered by the choice of site. • Demonstrate respect for the existing "Provincial Museum" building via setbacks, street wall, architectural massing, and materiality. • Leveraging existing topography to minimize changes to the existing context (ie. natural drainage patterns, existing areas of conservation and natural areas). • Contribute to the NBM's commitment to the cultural heritage of New Brunswick by rehabilitating the existing "Provincial Museum" building. • Providing a dedicated bus/ delivery areas at the interior of the site to minimize visual and traffic impacts to the neighbourhood. Economic Prosperity Tourism is a vitally important driver of the local and regional economy. As a key cultural asset, the New Brunswick Museum is an attractive destination for visitors, and residents alike. Furthermore, not only do schools and children benefit from the educational programming available, but museum spaces are popular event spaces (for weddings, conferences, etc.). Investment in the new facility ensures the NBM is retained in Saint John while also enabling its continued growth and operational success. OR diam , schmi Major community facilities such as The New Brunswick Museum, contribute significantly to the quality of life, cultivating a strong sense of place and connection to history and our natural world. Moreover, a modern museum is more than space for a collection of objects, it provides a home for social engagement, education, culture, innovation, technology and more. Purpose built along Douglas Avenue almost 100 years ago, the residents of Saint John have never known the City without The New Brunswick Museum. The NBM site was strategically positioned at the top of Bentley Street, creating a view corridor between the site and Uptown. This project honors that 100 year old strategic decision, reinstalling the facility in its historic home. Request for De -designation — 241 Douglas Avenue Douglas Avenue is a broad tree lined street well known for the grand heritage homes that line it. They range in architectural style, however Italianate, Second Empire and Queen Anne are most prevalent. Constructed c.1881, the residence at 241 Douglas Avenue is an example of the vernacular Italianate style. The house is two storeys' tall and features a prominent entry tower massing with a pavilion style hipped roof at the top. Ornamentation on the street facing fagade is generally consistent with the Italianate style, while other ornamentation— is of a simplified character consistent with a vernacular interpretation of the Italianate style. The Italianate style was hugely popular during the late 19th century in Canada. The style today is ubiquitous to the Douglas Avenue heritage conservation area, as well as the City's other heritage areas . By comparison, the existing "Provincial Museum," is a late example of Beaux-Arts style designed by H. Claire Mott (son of preeminent Saint John -based architect H.H. Mott). The Museum building is unquestionably his most notable project. Defining heritage value of a building is not solely based upon architectural analysis. It is a holistic exercise informed by place (context), condition, evolution over time, and most importantly to this case - past and current importance to its community. The public importance of a purpose-built museum building (that is also of substantive architectural value) cannot be understated. 241 Douglas Avenue is a good candidate for de -designation from the Douglas Avenue heritage conservation area when its heritage value is weighed against that of the Provincial Museum building, and the future public benefit having the NBM reinstated in its former home considered. Through a trade-off, the broader value (heritage and beyond) provided to the community by revitalizing the Provincial Museum building provides a sound argument for de -designation. diam , schmi Site Selection Process A Site Selection process was completed in the summer of 2023 and resulted in the selection of the historic Douglas Avenue site. Over the past 180 years, the Museum has acted as a custodian of the natural and human history of New Brunswick and its surrounding regions. By revitalizing the existing building and preserving its unique character, the Museum stays true to its ethos while also enriching the new museum experience and preserving a piece of history for the Saint John and New Brunswick community. The selection of the new museum site on Douglas Ave was a result of a thorough analysis and consideration of fundamental criteria that were weighted to ensure the success of the museum. The criteria considered included urban design connectivity, community benefits, economic considerations, site servicing, municipal planning objectives, site capacity, archaeological sites etc. Ultimately, the Douglas Ave. site was chosen as its merits relating to funding, operational and architectural criteria superseded any other possible sites. The Douglas Ave. site allows for seamless integration of the site design with adjacent parks and urban reserves, offering a significant benefit to the community. Additionally, the site provides excellent connectivity to Uptown Saint John through existing transit, cycle, and pedestrian routes, including the Harbour Passage, aligning perfectly with the planning goals of the City of Saint John. One notable feature of the Douglas Ave site is the breathtaking views it offers. To the west, there are stunning views of the Saint John River, while to the east, views of uptown Saint John, the Saint John Harbour, and beyond to the Bay of Fundy. The selection of the Douglas Ave site ensures that these remarkable views will once again be accessible to the entire community. New Brunswick Museum Design Intent The new design of the New Brunswick Museum will not only serve as a home for the museum but also as a destination venue for all New Brunswickers. The Facility will be the home of the NBM for the next century and beyond. The new Museum will play a crucial role in providing a safe and secure location for provincial collections and museological functions while also providing vibrant new exhibitions and public spaces. The new museum will be a first -choice destination for both the community and visitors, it will not only benefit tourism but will also serve as an inspiration for all age groups, igniting their creativity and curiosity. Through the selection of the Douglas Ave location, the existing museum building will be revitalised, and its re -use will be prioritized to enhance its existing qualities. The original museum building built in 1934 will be restored and principally maintained, as well as the south fagade of the King George Hall. The presence of the existing front steps will be retained and enhanced as a public benefit, while the placement of a new entrance will reveal the Otl diam , schmi inherent architectural qualities of the existing building. The design approach will embrace the heritage of the original museum building while providing a contemporary addition that will meet the current and future needs of the museum. The integration of the facility into the landscape will be done sensitively, ensuring a harmonious relationship between the exterior elements of the site and the interior public space. The design will also prioritize the creation of inviting and accessible places and streetscapes. Safety, comfort, and enjoyment of the public realm will be enhanced, allowing for year-round interaction and enjoyment. The views, both at grade and from the rooftop terrace will offer visitors an experience, showcasing the Saint John River and harbor views. The new museum will respect and reinforce the existing and planned context in which it is located. This will be achieved through appropriate setbacks, landscaping, building entrance, massing, architectural style, and building materials. By doing so, the design will seamlessly integrate into the surrounding neighborhood and enhance the physical character of the area. The new addition to the Douglas Ave building will be sited to avoid any identified archaeological sites and it will avoid any encroachment on the Victoria Square Park. The new frontage will be articulated and setback from the street with consideration for the existing streetscape proportions and rhythm. Site services, loading and large group arrivals will be done seamlessly and discreetly on the north side of the museum, screened to mitigate disruption to Douglas Avenue streetscape. The new museum building will seek to embrace its existing context while offering a contemporary perspective. Through an inviting design, commitment to sustainability, and integration with the public realm, the museum will be an inspiring landmark that enhances the public experience and fosters a sense of community and connection. Community Consultations The community consultation strategy aims to foster local and Province -wide interest and enthusiasm for the new facility. The first round of community consultation sessions took place between September 9th and 28th, 2023. The Board of Directors of the New Brunswick Museum and the project design team engaged in sessions that took place in locations across the province and on Zoom, ensuring accessibility for as many individuals as possible. The locations included Saint John, Fredericton, Edmundston, Campbellton, Bathurst, Caraquet, Miramichi, Moncton, Province -wide Zoom. The goal was to provide an opportunity for citizens across New Brunswick to voice their opinions and contribute to the future of the NBM. The consultation sessions provided an opportunity for individuals to share their perspectives and contribute to the decision -making process. During the sessions participants engaged in interactive discussions, shared their ideas, and learned more about the project's overall mission and preliminary design concepts for the revitalized museum. The discussions were centered diam , schmi around crucial aspects such as the history and key characteristics of the site, urban design, community building elements, the relationship of museum interior spaces to the landscape and views, feature elements, materials, as well as public art. A community consultation summary report is being prepared and will be provided to the City, to accompany this planning application. 061 diam , schmi Properties Forming/ Pertaining to the Application 241 Douglas Ave. (PID 00379230) *See letter of consent attached 247 Douglas Ave. (PID 55172860) *See letter of consent attached 249 Douglas Ave. (PID 00379255) *See letter of consent attached 261 Douglas Ave. (PID 00377945) *See letter of consent attached 263 Douglas Ave. (PID 00358481) *See letter of consent attached 255 Douglas Ave. (PID 55222012) e� £s � N o - o F o E E E _ 0 i a N A E o E F O ❑ I, I it 5�� E /� CD \ E :: -�} Q � �\ / :.. p � � � /�. z 0 0 moa N Q M o w J ui N =EE -- - _ 000 = i m co 0 ry ry z �o DI Ol I � 3 I ,W ZZb�uI. PIIn9-dSOM�2Jd-�I�IEZ/LZ2J�nasnyy ;plMsur�g MaN9l�l EZ//a oO Nsa Po]�V PROPOSED MUNICIPAL PLAN AMENDMENT RE: 241 - 281 DOUGLAS AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would: Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 584.42 square metres, located at 241 Douglas Avenue, also identified as PID 00379230, from Stable Area and Park and Natural Area to Stable Area; 2. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 829.18 square metres, located at 247 Douglas Avenue, also identified as PID 55172860, from Stable Area and Park and Natural Area to Stable Area; 3. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 960.21 square metres, located at 249 Douglas Avenue, also identified as PID 00379255, from Stable Area and Park and Natural Area to Stable Area; 4. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 16,773.37 square metres, located at PID 00377937, from Stable Area, and Park and Natural Area to Stable Area; 5. Redesignate on Schedule A of the Municipal Development Plan, land having an approximate area of 694 square metres, located at 281 Douglas Avenue, also identified as a portion of PID 55222129, from Park and Natural Area to Stable Area; 6. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 584.42 square metres, located at 241 Douglas Avenue, also identified as PID 00379230, from Stable Residential and Park and Natural Area to Major Community Facility; 7. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 829.18 square metres, located at 247 Douglas Avenue, also identified as PID 55172860, from Stable Residential and Park and Natural Area to Major Community Facility; 8. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 960.21 square metres, located at 249 Douglas Avenue, also identified as PID 00379255, from Stable Residential and Park and Natural Area to Major Community Facility; 9. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 115.88 square metres, located at 255 Douglas Avenue, also identified as PID 55222012, from Stable Residential to Major Community Facility; ` 91111 10. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 544.57 square metres, located at 261 Douglas Avenue, also identified as PID 00377945, from Stable Residential to Major Community Facility; 11. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 546.77 square metres, located at 263 Douglas Avenue, also identified as PID 00358481, from Stable Residential to Major Community Facility; 12. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 16,773.37 square metres, located at PID 00377937, from Stable Residential, Park and Natural Area and Major Community Facility to Major Community Facility; and 13. Redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 694 square metres, located at 281 Douglas Avenue, also identified as a portion of PID 55222129, from Park and Natural Area to Major Community Facility, as illustrated below. f1rr� A public presentation of the proposed amendment will take place at a regular meeting of Common Council, to be held in the Council Chamber at City Hall on Monday, February 5, 2024. REASON FOR CHANGE: To permit the expansion of a museum. `Wee Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 6, 2024. Enquiries may be made at the office of the Common Clerk or Growth & Community Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 6:00 p.m., Monday through Thursday, inclusive, holidays excepted. Jonathan Taylor, Common Clerk (506) 658-2862 1[9Z-1 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 241-281, AVENUE DOUGLAS Par les presentes, un avis public est donne par lequel le conseil communal de ville de Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit: A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 584,42 metres carres, situee au 241 Avenue Douglas, egalement identifie comme NID 00379230, qui passera de secteur stable et parc ou aire naturelle a secteur stable; 2. A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 829,18 metres carres, situee au 247 Avenue Douglas, egalement identifie comme NID 55172860, qui passera de secteur stable et parc ou aire naturelle a secteur stable; 3. A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 960,21 metres carres, situee au 249 Avenue Douglas, egalement identifie comme NID 00379255, qui passera de secteur stable et parc ou aire naturelle a secteur stable; 4. A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 16773,37 metres carres, situee au NID 00377937, qui passera de secteur stable et parc ou aire naturelle a secteur stable; 5. A I'annexe A du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 694 metres carres, situee au 281 Avenue Douglas, egalement identifie comme une partie de NID 55222129, qui passera de parc ou aire naturelle a secteur stable; 6. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 584,42 metres carres, situee au 241 Avenue Douglas, egalement identifie comme NID 00379230, qui passera de secteur residentiel stable et parc ou aire naturelle a etablissements communautaires majeurs; 7. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 829,18 metres carres, situee au 247 Avenue Douglas, egalement identifie comme NID 55172860, qui passera de secteur residentiel stable et parc ou aire naturelle a etablissements communautaires majeurs; 8. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 960,21 metres carres, situee au 249 Avenue Douglas, egalement identifie comme NID 00379255, qui passera de secteur residentiel stable et parc ou aire naturelle a etablissements communautaires majeurs; 9. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 115,88 metres carres, situee au 255 Avenue Douglas, egalement identifie comme NID 55222012, qui passera de secteur residentiel stable a etablissements communautaires majeurs; ` YA 10. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 544,57 metres carres, situee au 261 Avenue Douglas, egalement identifie comme NID 00377945, qui passera de secteur residentiel stable a etablissements communautaires majeurs; 11. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 546,77 metres carres, situee au 263 Avenue Douglas, egalement identifie comme NID 00358481, qui passera de secteur residentiel stable a etablissements communautaires majeurs; 12. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 16773,37 metres carres, situee au NID 00377937, qui passera de secteur residentiel stable, parc ou aire naturelle et etablissements communautaires majeurs a etablissements communautaires majeurs; et 13. A I'annexe B du plan d'amenagement municipal, modifier la designation d'un terrain d'une superficie de 694 metres carres, situee au 281 Avenue Douglas, egalement identifie comme une partie de NID 55222129, qui passera de parc ou aire naturelle a etablissements communautaires majeurs comme illustre ci- dessous. Une presentation publique de la modification proposee aura lieu lors d'une reunion ordinaire du Conseil communal, qui aura lieu dans la salle du Conseil a I'hotel de ville, le lundi 5 fevrier 2024. `W-,] RAISON DE LA MODIFICATION: Pour permettre I'agrandissement d'un musee. Les objections ecrites a la modification proposee peuvent titre presentees au Conseil, aux soins du soussigne, d'ici le 6 mars 2024. Les demandes de renseignements peuvent titre presentees au bureau du greffier communal ou aux Services de croissance et de developpement communautaire, Hotel de ville, 15, Market Square, Saint John (N.-B.), entre 8 h 30 et 18 h, du lundi au jeudi, inclusivement, jours feries exclus. Jonathan Taylor, greffier communal (506) 658-2862 `[ole.] Staff Recommendation for Council Resolution Property: 1 Bayard Drive Public Hearing, 1" and 2nd Reading Completed: March 4, 2024 3rd Reading: Tentative date March 18, 2024 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No lisK BY-LAW NUMBER C.P. 111-162 A LAW TO AMEND THE ZONING BY- LAW OF THE CITY OF SAINT JOHN ARRETE NO C.P. 111-162 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Lors d'une reunion du conseil Common Council convened, as follows: communal, The City of Saint John a decrete ce qui suit : The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2,737 square metres, located at 1 Bayard Drive, also identified as PID 00015610, from Major Community Facility (CFM) to Urban Centre Residential (RC). 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 2737 metres, situe au 1 promenade Bayard, egalement identifie comme le NID 00015610, de Zone de grandes installations communautaires (CFM) a Zone residentielle du centre-ville (RC). - all as shown on the plan attached hereto - toutes les modifications sont and forming part of this by-law. indiquees sur le plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of March, A.D. 2024 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X mars 2024, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier communal First Reading - March 4, 2024 Premiere lecture - le 4 mars 2024 Second Reading - March 4, 2024 Deuxieme lecture - le 4 mars 2024 Third Reading - Troisieme lecture - 111 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE Je i REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE ,Prom. Bayard Dr TO / A Major Community Facility Urban Centre Residential Zone de grandes CFM RC Zone residentielle installations communautaires du centre-ville Applicant: Jill Higgins Location: 1 Bayard Drive PID(s)/N IP(s): 00015610 Considered by P.A.C./Considers par le C.C.U.: February 21 fevrier, 2024 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: March 5 mars, 2024 112 f{F j err J. COMMON COUNCIL REPORT M&C No. 2024-083 Report Date March 11, 2024 Meeting Date March 18, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Topeka Street Commercial Vehicle and Trailer Parking AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Tim O'Reilly Michael Hugenholtz J. Brent McGovern RECOMMENDATION City Staff recommends Common Council authorize 1st and 2nd Readings of the Amendment to the Saint John Traffic By-law, By-law Number MV-10.1, in the form attached to M&C 2024-083. EXECUTIVE SUMMARY Saint John households sometimes need to make use of on -street parking for their cars or small trucks. Occasionally, a single commercial vehicle such as a larger truck is also parked on the street. In these situations, a balance is maintained not warranting City intervention despite occasional concerns. A unique situation has emerged on a block of Topeka Street and a few connecting blocks where a concentration of commercial vehicles (work trucks) and utility trailers are parked on -street for extended periods of time. This situation has upset the balance normally maintained on a neighbourhood street. Area home and property owner responses to a City survey have confirmed significant concern warranting recommended City intervention. A new section is recommended to be added to the City's Traffic By -Law that would prohibit parking of commercial vehicles and trailers for more than 30 minutes on these street blocks. Given the unique circumstances, it is not expected this new by-law section would be used for many other neighbourhood streets. PREVIOUS RESOLUTION N/A REPORT MR] -2- City staff began to receive significant and sustained community concern with a concentration of large trucks, snow clearing equipment, enclosed construction trailers, open trailers containing recreation equipment, and even a large transport truck on a block of Topeka Street (Graham Street to Courtenay Avenue). The problem has extended to other connecting street blocks including Graham Street (Jean Street to Wilton Street) and Courtenay Avenue (Jean Street to Wilton Street). All these blocks of streets are highlighted red in the aerial photograph to the right. City staff believes this equipment is linked to businesses operated from one residential property on Topeka Street. Instead of this equipment being parked on a commercial or industrial property with adequate off-street parking, it is instead parked on -street given the residential property where the businesses are operated from contain smaller driveways (typical of a single-family home). Through consultation with the City's Growth & Community Services team, there are no apparent violations of land use rules related to the property in question being zoned residential. In addition, land use rules, even if any are violated, generally do not authorize enforcement efforts to extend out to the public Right - of -Way. Instead, the public Right -of -Way is managed using alternate by-laws stemming from different Provincial legislation, such as the City's Traffic By -Law that stems from the Provincial Motor Vehicle Act. The City's Traffic By -Law does not have the provisions currently to address this community concern adequately. Loading Zones are defined in the by-law to limit long term parking by commercial vehicles. However, these zones are not available for parking by non-commercial (household) vehicles and therefore simply extending this provision to blocks of Topeka and surrounding street blocks would prohibit on -street parking by other households that require it. Not all trailers, at least among those that are part of the concern in the neighborhood, are classified as commercial vehicles and therefore a parking restriction for the Topeka area would need to also specify trailers and a specific type of trailer (pole trailers); both are defined in the Provincial Motor Vehicle Act. The Traffic By -Law Amendment recommended with this report would prohibit long term parking of commercial vehicles and trailers on the identified street blocks. Short term (30 minute) parking by commercial vehicles would still be permitted for offloading/loading for households (i.e. deliveries, moving vans, oil or propane deliveries, etc.). Non-commercial vehicle parking would be unaffected. SURVEY OF PROPERTY OWNERS -3- Although City staff has heard directly or indirectly from several residents impacted by the trucks and trailers, staff wanted to: 1. Ensure the concerns about the trucks and trailers were indeed shared by many impacted property owners, 2. Ensure all property owners were fairly provided an opportunity to voice support of one of several options that solved the concerns (including a status quo option), and 3. Ensure each property owner was educated with the potential benefits and detriments of each option to inform their selection. A total of 42 property owners on the street blocks highlighted red on the first page of this report were mailed the letter and survey that is attached to this report (in both English and French). For brevity, neither the contents of this letter nor survey will be repeated in this report. Survey results support City staff's recommendation to Council. A total of 19 surveys were completed, which represents 45% of the properties mailed the survey. Almost 70% (13 of 19) responses supported prohibiting parking by commercial vehicles for more than 30 minutes. Only 21% of the respondents believed parking regulations should not be changed at all. STRATEGIC ALIGNMENT This report aligns with Common Council's BELONG priority as the recommendation enhances quality of life along residential streets. SERVICEAND FINANCIAL OUTCOMES Installation of on -street parking restriction signage is required, which will be managed within the City's General Fund Operating Budget. Enforcement efforts will likely be required but should reduce over time, with revenues offsetting some or all the investment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Property owners were provided with an opportunity for input through a survey as referenced previously in this report. The City's Growth & Community Services Department investigated compliance and enforcement options using land use rules. `sM -4- The City's Parking Division provided advice on the practicality of enforcing the recommended Traffic By -Law Amendment. The City's General Counsel Office provided advice on the recommended Traffic By - Law Amendment, including placing the amendment in proper translated form. ATTACHMENTS • Letter and survey provided to area property owners • Traffic By -Law Amendment for Common Council's consideration `sr -I January 10, 2024 Dear Resident of Topeka Street, Graham Street, or Courtenay Avenue, RE: INPUT OPPORTUNITY FOR POTENTIAL ON -STREET PARKING CHANGES ON TOPEKA STREET, GRAHAM STREET, COURTENAY AVENUE The City of Saint John is planning on adjusting on -street parking regulations on Topeka Street from Graham Street to Courtenay Avenue, on Graham Street from Jean Street to Wilton Street, and on Courtenay Avenue from Wilton Street to Jean Street because of some community feedback. Before we take any recommendations to Saint John Common Council for consideration, we are interested in feedback you and your neighbours on these street blocks would like to share with us. From the feedback we have heard so far, we understand the main concerns are generally that larger vehicles parked on these street blocks are narrowing the street too much or generally not fitting in with the purpose of these residential streets. We have developed several parking restriction options that would address these concerns (all or in part). We provide below a description of each option plus some pros and cons of each option. We ask that you select which option you would prefer. We have included a "status quo" option if you prefer nothing should change. • OPTION 1: Semi-monthly Alternate Side Parking December 1 to May 31 — Pros of this option include preventing parking on both sides of the street during the winter and spring months when streets are particularly narrow as a result of snow, allowing more effective street plowing and street sweeping services, and providing more capacity for on -street parking June through November for residents that rely on on -street parking. Cons of this option include continued risk of narrow streets June through November as larger vehicles would be permitted to park on both sides of the street, reduced on -street capacity December through May for those who rely on on -street parking more, and residents needing to remember to switch which side they park vehicles on twice per month. • OPTION 2: No Parking on one side of these street blocks — Pros of this option include assurance streets are never too narrow as a result of vehicles parking on both sides of the street and no need to remember to switch parking sides (unlike alternate side parking). Cons include reduced on -street parking capacity for residents who rely on it more and, with parking never switching sides, this option may not be favourable to residents on one side of these street blocks. • Option 3: Prevention of commercial vehicle parking for longer than 30 minutes — Pros of this option include allowing residents with non-commercial vehicles to continue to park on both sides of the street (maintains greater on -street parking capacity), continues to allow short term (30 minute) commercial vehicle parking for occasional deliveries to residents (such as heating oil deliveries), and prevents long term commercial vehicle parking that has caused street narrowing and other concerns from residents. Cons of this option include preventing any residents on this street from parking commercial vehicles long term that may have relied on this option and puts added demand on City parking enforcement resources. • Option 4: Status quo — This option would result in no changes to parking restrictions on the street. We would like to know which of these four options you prefer and why. You can provide your input in one of two ways: 1. By e-mail to topekastreetparking@saintjohn.ca, or 2. By handwriting your responses on the survey attached to this letter and either hand delivering to our Customer Service Centre at 15 Market Square or by mailing to: The City of Saint John PO Box 1971 Saint John, NB E2L41-1 Attention: Tim O'Reilly If you choose to e-mail us your response, please ensure at least the following information is provided to consider your input: • Your name and address • You indicate which option you prefer by indicating Option 1, or Option 2, or Option 3, or Option 4. Only one response per residential unit will be accepted. Only responses received by February 14, 2024 will be considered. Sincerely, Timothy D. O'Reilly, P.Eng., M.Sc.E. Director, Public Works PO- Box 1971 C. P 1971 5ain# Jahn, NR Saint John, N-=B- C)nada EZL4L1 Canal UL40 SAINT JOHN rwr.s�i1 tiohn.ca INPUT OPPORTUNITY FOR POTENTIAL ON -STREET PARKING CHANGES ON TOPEKA STREET, GRAHAM STREET, COURTENAY AVENUE JANUARY 2024 Question 1: What is your name? Question 2: What is your address`? Question 3: What is your phone number and/or e-mail address ? Question 4: Which of the four options described in the attached letter do you prefer the City choose: Circle one OPTION 1 OPTION 3 OPTION 2 OPTION 4 Question 5: Do you have any other input or suggestions to provide on this subject? You can either hand deliver this survey to our Customer Service Centre at 15 Market Square or mail it to: The City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Attention: Tim O'Reilly `§&'1 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit : A By-law of The City of Saint John entitled "A By-law respecting the Traffic On Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 7' day of October, A.D. 2019, is hereby amended as follows: Par les presentee, 1'arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. The following subsection is added 1. Le paragraphe suivant est ajoute immediately after subsection 5(7): immediatement apres le paragraphe 5(7) : "5(8) No person shall stop, stand, or park a commercial vehicle, trailer, or pole trailer in a parking zone designated in Schedule "R" to this By-law, at any time, unless the commercial vehicle, trailer or pole trailer is there for not more than thirty (30) minutes and merchandise is either loaded into it or unloaded from it." 5(8) Il est interdit d'arreter, d'immobiliser on de stationner un vehicule utilitaire, une roulotte on une semi-remorque a poutre telescopique dans une zone de stationnement designee a 1'annexe « R» du present arrete, en tout temps, sauf si le vehicule utilitaire n'y demeure que pour une duree maximale de trente (30) minutes, et ce, aux fins de chargement on de dechargement de marchandises. » 2 "Schedule R — 30-Minute Commercial 2. L'annexe « R» — Stationnement d'un Vehicle Parking" is added with the following vehicule utilitaire pour une duree de 30 minutes est words under the following headings: ajoutee par 1'adjonction des mots suivants sous les titres suivants : Street Side Limits Rue Cote Limites Topeka St. Both Graham Street to rue Topeka des de la rue Graham a Courtenay Ave. deux 1'avenue Courtenay cotes Graham St. Both Jean Street to rue Graham des de la rue Jean a la Wilton Street deux rue Wilton cotes Courtenay Ave. North Wilton Street to L'avenue nord de la rue Wilton a Jean Street Courtenay la rue Jean IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2024 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present airete le 2024, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 120 121 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2024-091 Report Date March 13, 2024 Meeting Date March 18, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Traffic By -Law Amendment - Residential Parking Permit Fee Increase AUTHORIZATION Primary Author Commissioner/Dept. Head I Chief Administrative Office Jill Good Michael Hugenholtz / Marc Dionne li.BrentMcGovem RECOMMENDATION RESOLVED that Common Council give 1st and 2nd Readings to the Amendment to the Saint John Traffic By-law, By-law Number MV-10.1, in the form attached to M&C 2024-091. EXECUTIVE SUMMARY The Residential Parking Permit Program allows residents of the South -Central Peninsula to apply for a permit that makes it easier for residents to find curbside parking on their own street by exempting permit holders from the two-hour parking limit that is otherwise enforced. There are currently over 1,200 on -street residential parking spaces in the South - Central Peninsula which are broken into 6 zones, lettered A through F, outlined in schedule N of the Traffic By-law. The current permit cost $60.00 (HST included) annually and is one permit per vehicle. Residential permits expire on April 30t" each year (for example; May 1, 2023 to April 30, 2024) and can be prorated monthly there after based on the time remaining for the residential permit period. The residential parking program currently generates on average $60,000 in revenue annually, it would be projected that an increase to the residential parking permit to $75 tax included, would yield and additional $15,000 revenue for 2024. PREVIOUS RESOLUTION Not applicable. `PA -2- REPORT The Residential Parking Permit Program allows residents of the South -Central Peninsula to apply for a permit that makes it easier for residents to find curbside parking on their own street by exempting permit holders from the two-hour parking limit that's otherwise enforced. The permit does not guarantee a parking space, but it frees up spaces, so more are available for those with permits. Permit holders are exempt from the 2-hour limit -but are still subject to all other traffic regulations such as parking meter regulations, alternate side parking, and signs prohibiting or restricting parking, stopping, or standing. There are currently over 1,200 on -street residential parking spaces in the South - Central Peninsula (taking into account alternate side parking regulations), which are broken into 6 zones outlined in schedule N of the Traffic By-law. Residential Parking Permits can be purchased through the Hotspot app and/or website, which allows customers the ability to apply online. While preference is that payment be made through Hotspot, a cash payment option is available at the Integrated Customer Service Centre at City Hall. To date, for the 2023-2024 season there have been almost 1,000 permits purchased with the majority of permits being purchased in April 2023 for the entire year, 68% of which were purchased through the Hotspot app/website. Previous to 2004, residential parking permits were set at a rate of $60 for the year. In 2004, a study was completed on snow removal and residential parking, which resulted in the expansion of the residential parking area. There was an increase in the number of permits allowed in new residential areas and so at that time it was decided that permit costs would be lowered to $30 plus tax. Year Fee Monthly Pro -Rated Fee 1987-2004 $53.10 + $6.90 HST (13%) _ $60.00 $4.43 + .57 HST (13%) =$5.00 2004-2015 $30.00 + $ 3.90 HST (13%) _ $33.90 $2.50 + .38 HST (13%) =$2.88 2015-2016 2016-2019 $42.48 + $5.52 HST (13%) _ $48.00 $42.48 + $6.37 HST (15%) _ $48.85 $3.54 + .46 HST (13%) =$4.00 $3.54 + .53 HST (15%) =$4.07 2019- 2023 $52.17 + $ 7.83 HST (15%)= $60.00 $4.35 + .65 HST (15%) =$5.00 2024 (Proposed) $65.22 + $9.78 HST (15%) = $75.00 $5.43 + .81 HST (15%) =$6.25 Over time, due to growth in the South -Central Peninsula, the demand for residential parking has increased and so has the increased cost of service delivery as it relates to administrative and enforcement costs of the program. The estimated cost of providing the Residential Parking Program is $65,000. This includes by-law enforcement officer costs, ticket supplies and administrative software that provides a modern streamlined approach using digital permits, licence plate recognition technology, and an online application option. `P491 -3- It is for these reasons, that the proposed cost of the residential parking permit be increased for the 2024-2025 season to $65.22 plus $9.78 HST = $75 per permit. As mentioned, the residential parking program currently generates on average $60,000 in revenue annually, it would be projected that this increase would yield an additional $15,000 revenue for 2024. The City continues to see strong population growth and new development in the South Central Peninsula that is putting pressure on the limited number of on - street parking spaces. The number of residential parking permits in many of the zones are nearing or are already above available capacity. One of the ways to preserve the existing capacity is through price signals: increasing the cost of on - street parking permits will make it more likely that people will use any available off-street parking spots, and also make people think twice about owning more than one vehicle. Over the next year, the City of Saint John will be completing a Parking Study. This study will include a full review of the current Parking service. It will have a focus on the South -Central Peninsula and include current parking practices and capacities. The study will provide both strategic short term and long-term recommendations for future growth and innovative parking improvements, in alignment with MoveSJ and other related plans. There will be further consideration given to residential parking permit pricing and changes to the program can be expected to be made to ensure alignment with best practices. STRATEGIC ALIGNMENT This report aligns with Council's Priority to perform by leveraging viable opportunities to generate alternate/new sources of revenue. SERVICEAND FINANCIAL OUTCOMES This would result in an increase to Parking revenue. ME -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office drafted the attached Amendment to the Saint John Traffic By-law. Growth and Community Services have reviewed are in support of the By-law amendment. ATTACHMENTS Amendment to the Saint John Traffic By-law, By-law Number MV-10.1 `M1 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Traffic On Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 71h day of October, A.D. 2019, is hereby amended as follows: Par les presentes, 1' arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. Subsection 24(6) is repealed and replaced 1. L'paragraphe 24(6) est abroge et remplace with the following: par ce qui suit : "24(6) The annual fee for a residential zone «24(6) Les frais annuels relatifs a l'obtention d'un parking permit shall be $75.00 including permis de stationnement dans une zone applicable taxes." residentielle soot de 75 $, taxes applicables incluses. » IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2024 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2024, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - `IK-1 COMMON COUNCIL REPORT M&C No. 2024- 082 Report Date March 08, 2024 Meeting Date March 18, 2024 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Saint John Skateboard By-law Amendment AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Office Barb Crawford Michael Hugenholtz J. Brent McGovern Marc Dionne RECOMMENDATION It's recommended that Common Council authorize 1st and 2nd Readings of the Amendment to the Saint John Skateboard By-law, By-law Number M-27, in the form attached to M&C 2024-082. EXECUTIVE SUMMARY The City of Saint John enforces a By-law regulating the use of skateboards and other recreational equipment on streets, sidewalks and parks. A proposal was received requesting amendments to the Station 1 skateboard park signage as well as the By-law to permit the use of scooters within the park. This modification aims to enhance inclusivity, catering to a broader demographic including younger and older individuals. Such a change aligns with the City's commitment to fostering recreational spaces that accommodate varied interests and demographics, promoting community engagement and physical activity. PREVIOUS RESOLUTION N/A REPORT The City of Saint John enforces a By-law regulating the use of skateboards and other recreational equipment on streets, sidewalks and parks. Included in the By- law is reference to the Station 1 Skatepark. We prioritize inclusivity as a fundamental aspect of our community development initiatives. Saint John aims to create an environment where all residents, regardless of age, gender, ability, or background, feel welcomed and represented. MAN -2- This commitment extends across various aspects of city life, including recreational facilities, public spaces, and civic engagement opportunities. It's proposed that the Station 1 Skatepark be renamed to the Station 1 All Wheels Park. The proposal to rename Station 1 Skatepark to Station 1 All Wheels Park indicates a step towards inclusivity and accessibility within Saint John's recreational infrastructure. By adopting a more inclusive name, the park aims to reflect its commitment to accommodating various wheeled activities, including skateboarding, scootering, and biking. This renaming initiative not only acknowledges the evolving interests and preferences of the community but also emphasizes the park's role as a welcoming space for individuals of all ages and skill levels. STRATEGIC ALIGNMENT The proposed By-law aligns with Common Council's priority of BELONG and MOVE. BELONG: We value a welcoming community The City prioritize fostering a welcoming community ethos, evident in initiatives such as renaming the Station 1 Skatepark to Station 1 All Wheels Park, reflecting inclusivity and accessibility in our recreational spaces. MOVE: We value sustainable transportation choices. Renaming of the Station 1 Skatepark to Station 1 All Wheels Park reflects the park's role as a welcoming space for individuals of all ages and skill levels. SERVICEAND FINANCIAL OUTCOMES The proposed by-law amendment is not expected to generate revenue. When residents follow conditions set out in any By-law, it reduces the need for the City to allocate resources for enforcement activities. This translates to operational efficiency and reduced expenses. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the proposed amendment. ATTACHMENTS Amendment to the Saint John Skateboard By-law, By-law Number M-27 fIN1:3 A BY-LAW TO AMEND A BY-LAW RESPECTING THE USE OF SKATEBOARDS AND OTHER RECREATIONAL EQUIPMENTS WITHIN THE CITY OF SAINT JOHN, BY-LAW NUMBER M-27 Be it enacted by the Common Council of the City of Saint John as follows: A By-law of the City of Saint John entitled "A By-law Respecting the Use of Skateboards and Other Recreational Equipments within The City of Saint John, By-law M-27, enacted on the 261h day of August, A.D. 2013, is hereby amended as follows: 1. The definition of "Station SkateparV in paragraph 2 repealed and replaced with: 1 ARRETE MODIFIANT L'ARRETE RELATIF A L'UTILISATION DES PLANCHES A ROULETTES ET AUTRES EQUIPEMENTS DE LOISIRS DANS THE CITY OF SAINT JOHN, ARRETE NUMBRO M-27 Lors d'une reunion du conseil municipal, The City of Saint John a d&cr&t& ce qui suit : Par les presentes, 1' arrete de The City of Saint John intitul& « Arret& relatif a 1'utilisation des planches a roulettes et autres 6quipements de loisirs dans The City of Saint John, Arret& num&ro M-27 », d&cr&t& le 26' jour d'aout 2013, est modifi& comme suit: 1. La definition de is « PLANCHODROME DE LA STATION I » au paragraphe 2 est abrog&e et remplac&e par ce qui suit : "Station 1 All Wheels Park" means the All Wheels Park located at the TD Station site bounded by Station Street in the City" (Rouli parc de la Station 1); 2. Subsection 5(2) is repealed and replaced with the following: "Skateboards are only permitted in the Station 1 All Wheels Park." 3. Subsection 5(3) is amended by deleting the following words: ROULI-PARC DE LA STATION I » designe le rouli-parc situ& sur le site de Station TD d&limit& par la rue Station daps la MUNICIPALITE (Station I All Wheels Park); 2. Le paragraphe 5(2) est abrog& et remplac& par ce qui suit: Les PLANCHES A ROULETTES soot seulement permises daps le ROULI-PARC DE LA STATION 1. » 3. Le paragraphe 5(3) est modifi6 par la suppression des mots suivants : iP40.1 -2- "but for certainty, is not permitted in the Station 1 Skatepark" 4. Schedule A is repealed and replaced with the following: 1. Station 1 All Wheels Park 2. Harbour Passage 3. Rockwood Park, including all Sidewalks and paved pathways within the park 4. The designated area within Market Place West forming part of Parcel Identifer 00361675. 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 that day of A.D. 2024 and signed by: mais pour plus de clarte, n'y est pas autorisee au PLANCHODROME DE LA STATION I » 4. L'annexe « A » est abrogee et remplacee par ce qui suit: 1. ROULI-PARC DE LA STATION 1 2. Passage du Port 3. Parc Rockwood, y compris les TROTTOIRs et les voies pavees dans le parc 4. La zone designee d l'interieur de la place Market Ouest faisant partie du numero d'identification de la parcelle 00361675. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le 2024, avec les signatures suivantes : Mayor / maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - ` 191 -3- 131 Dr r 1 l COMMON COUNCIL REPORT M&C No. 2024-078 Report Date March 06, 2024 Meeting Date March 18, 2024 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Commemorative Designation — Parker's Corner AUTHORIZATION Primary Author Commissioner Chief Administrative Officer Kate Wikott Amy Poffenroth J. Brent McGovern RECOMMENDATION Civic Commemoration Committee recommends Common Council: 1. Adopt the commemorative name "Parker's Corner" as the commemorative designation for the sidewalk space located at Carmarthen and Mecklenburg streets. 2. Direct the CAO to facilitate the launch of this name through communications and interpretive signage in this area. EXECUTIVE SUMMARY In July 2023, Council adopted the Street and Public Space Naming Policy Statement, which empowered the Civic Commemoration Committee to guide and advise Council through the naming of public streets, assets, and spaces including but not limited to roads, parks, buildings, rinks, fields, beaches, and plazas. At the regular meeting of the Civic Commemoration Committee in February 2024, members were presented with the request to designate the corner of Carmarthen and Mecklenburg Streets "Parker's Corner". The Committee discussed facilitating this project to commemorate and recognize Parker Cogswell and his family for their work in fostering a safe, welcoming, and inclusive community. This recommendation is in line with the Committee's Terms of Reference to improve on the City of Saint John's commemoration and recognition of past and existing residents, and to create opportunities to educate and celebrate Saint John's commitments to equity, diversity, and inclusion for all. `9% -2- Motion: Staff and Council to recognize the corner through a street sign marker. Moved by C Killen 2nd by K Downey PREVIOUS RESOLUTION RESOLVED that as recommended in the submitted report M&C 2023-193: Street and Public Space Naming Policy, 1. Common Council adopt the following Street and Public Space Naming Policy Statement: • The City of Saint John recognizes that the names of streets and public spaces are critical for municipal addressing and emergency response purposes. • The City acknowledges that the names of streets and public spaces reflect community values by demonstrating how the city chooses to collectively recognize and honor the past. The City may use commemorative street and place naming as a tool to create an inclusive and diverse culture. • The City will streamline the operational guidelines to address requests from residents, staff, and developers who request to name a new or pre- existing street or public spaces. • The City will empower staff and the Civic Commemoration Committee to guide and advise Council through the naming of public streets, assets, and spaces including but not limited to roads, parks, buildings, rinks, fields, beaches, and plazas. 2. Common Council direct the CAO to implement the use of the Street and Public Space Naming Policy by staff and relevant committees. RESOLVED March 7th, 2022, Adopt the Terms of Reference for the Civic Commemoration Committee and direct the Civic Commemoration Committee to bring forth recommendations to Common Council no later than August 2022 for the naming of the new public space in and around Funday Quay. RESOLVED February 8th, 2021, that, as recommended by the City Manager in the submitted report M&C 2021- 022, Council will direct staff to establish a Civic Commemoration Committee by early 2022 that, through the implementation of a consultation and communications plan, would prepare a policy, application, and guidelines addressing public street and place names, street name changes, and commemorations in Saint John with the intent to promote inclusion and diversity. `Edc3 -3- REPORT On October 101h, 2020, Saint John lost Parker Cogswell to his battle with cancer. Parker was a longstanding member of the South End community known for his sociability and friendship. Since his passing, Parker's neighbours around his Mecklenburg Street home have dubbed the corner where his garden reaches Carmarthen Street " Parker's Corner." Neighbours, friends, and family have come to use this space in the City's right of way as a gathering point to celebrate Parker's life and their tight community. Parker's mother, the late Judith Meinert-Thomas, was a champion of the 2SLGBTQIA+ community. It was through her love of Parker that Judith helped build the City's Pride community, including the first Pride parade in 2003. Though there are intersections that have been allocated "names" either by the province or the community, for example Simms Corner, Kanes Corner, and Purdys Corner, this is not a municipal process. The Committee is not suggesting by way of this recommendation that the city embarks on naming street corners going forward. This initiative goes beyond commemorating an individual; rather it acknowledges the work of the community to make Saint John more accepting and inclusive. Because of the significant actions Mr. Cogswell's family took to build up and empower the Pride endeavours in Saint John, and as it is within the Terms of Reference of the Committee to "Improve on the City of Saint John's commemoration and recognition of past and existing residents... a special focus will also be to ensure greater commemoration of women and other underrepresented residents who have contributed to the culture of Saint John through the efforts of the Committee", the Committee brings forth this recommendation. STRATEGIC ALIGNMENT Grow - Aligning with the principles of smart growth and PlanSJ Belong - Enhance the quality of life and social well-being in a safe place to live. Perform - Plans, policies, procedures, and best practices. SERVICEAND FINANCIAL OUTCOMES A communication strategy for the roll out of this designation will be developed with staff. Staff will work with the Saint John Pride committee to facilitate an unveiling of the designation. This will take place during the Pride events in August 2024. The cost of signage is relatively minor and Parks and Recreational Facilities will facilitate the installation of the sign. -4- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This process was completed in consultation and input from internal staff and stakeholders, including GIS, Planning, Arts and Culture, Parks and Recreational Facilities, Community Services, The Cogswell Family, and the Civic Commemoration Committee. ATTACHMENTS N/A `K191 FRIENDS OF ROCKWOOD PARK INC. SainlJohn NB Joan Pearce Friends of Rockwood Park Inc 352 Pelton Road Saint John NB E2K 5H7 March 6 2024 Mayor and Councillors Saint John City Hall 15 Market Square Saint John NB E21- 4L1 Dear Mayor Reardon and Common Councillors, Friends of Rockwood Park Inc. were shocked to learn that at the council meeting of February 20, 2024, the council passed a motion to declare #1671 Sandy Point Road, a part of Rockwood Park, as surplus land. This is not "surplus land" it is park land, a part of Rockwood Park. It was acquired for the purpose of being a park and it continues to be used by a multitude of residents and visitors as a park. It is promoted by the City of Saint John Recreation and Parks website as, "a City hub for outdoor activities and entertainment year round. Over 55 trails and footpaths will guide you through unspoiled wilds. The park features a golf course, camping sites, stables, wellness spa, and freshwater lakes for fishing, swimming, boating, and skating." Perhaps, the current members of council are not aware of the history of this piece of Rockwood Park. In 1959 this property belonged to John O'Leary. In 1971- the city acquired the property from the estate of John O'Leary. According to the Common Council minutes dated Sept 21, 1970, the city decided to purchase 17.5 acres of land from the Estate of John O'Leary. It states that "... this purchase being made in continuation of the City's policy of acquiring all lands bounded by the Sandy Point Road and Foster Thurston Drive for the long-range development of Rockwood Park." In 2005 a portion of this property was sold to a neighbouring property owner, apparently to provide a buffer zone. 2005- city advertised for a development proposal, no acceptable proposals received �elimvLndyiSC+ppwby Ekanor9dcomatd Courtesy of mcdom ddan. tom • 2007- city advertised for a development proposal, no acceptable proposals received • 2008-December 8 Common Council adopted a resolution that deemed this land surplus to the City's needs and authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price. This was the first time that this portion of park land was deemed surplus and offered up for sale. Controversy and public opposition including a moratorium on anything occurring at the site continued for several years. In 2011 The site was deemed Rockwood Park and boundaries of the park were made. Then in 2018 the city proposed a motion to rezone the 5.18-hectare parcel of Sandy Point Road parkland to allow for potential development. City staff proposed up to 60 housing units — a mix of semi-detached houses and apartments — could have been built on the Sandy Point Road land. This is the second time the property was deemed surplus. Again there was huge public outcry in opposition and the rezoning was not passed. So here we are again in 2024, for the third time, the park land is deemed surplus and possibly up for sale. Noted from the Council meeting of February20, 2024. • There was no rationale presented to councillors in the public session to justify deeming #1671 surplus park land. What about this land that makes it surplus for park use? • The vote on the motion was taken in the absence of 3 councillors who may have changed the result. Because the Mayor, who only votes in the case of a tie, wasn't present, the deputy mayor, who does have a vote, wasn't able to because he was chairing the meeting and Councillors Harris and Killen were absent. Surely when an important decision which affects so many park users and such a large section of park land is made, the entire council should make the decision. Friends of Rockwood Park Inc. respectfully ask that the Mayor and councillors rescind this motion at a future session of council when the full council is present. Friends of Rockwood Park Inc. would like to present our rationale for this request at a future meeting at a public session of Common Council. Respectively submitted on behalf of the members of Friends of Rockwood Park. / - 4S,;7- - / SS 7 137 From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: Wednesday, March 6, 2024 12:02 AM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Webform submission from: Request to Present to Council Form [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplea-saintiohn.ca or contact the IT Service Desk.** Submitted on Wed, 03/06/2024 - 00:01 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: joan Last Name: pearce Name of Organization/Group (where applicable): Friends of Rockwood Park Inc Address: Day Time Phone Number: Email If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Request Topic of Presentation: #1671 Sandy Point Road, Saint John, NB IilEc1:3 Purpose for Presentation (what is the ask of Council): We will be asking that council rescind a motion taht was voted at the February 20, 2024 council meeting that deemed 1671 Sandy Point Road, part of Rockwood Park, surplus land. Background Information: This is the third time that this parcel of parkland has been deemed surplus.. This motion is the third try and is concerning to us. The fact that it appears to come up every 6-8 years indicates, we feel, a total lack of concern and some disrespect by council for the hundreds of park users who enjoy the wilderness part of the park. 2008-December 8 Common Council adopted a resolution that deemed this land surplus to the City's needs and authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price. This was the first time that this portion of park land was deemed surplus and offered up for sale. Controversy and public opposition including a moratorium on anything occurring at the site continued for several years. In 2011, The site was deemed Rockwood Park and boundaries of the park were made. Then in 2018 the city proposed a motion to rezone the 5.18-hectare parcel of Sandy Point Road parkland to allow for potential development. City staff proposed up to 60 housing units — a mix of semi-detached houses and apartments — could have been built on the Sandy Point Road land. This is the second time the property was deemed surplus. Again there was huge public outcry in opposition and the rezoning was not passed. So here we are again in 2024, for the third time, the park land is deemed surplus and possibly up for sale. At the Feb. 20, 2024 council meeting, no staff report was presented, there was no discussion or questions by councillors so that the public could understand why it was voted in by a vote of 4 for and 3 against. We would like to present the history of this parcel of Rockwood Park and to justify why it should not be deemed surplus. Are you making a request for funding? No `[C1:7 March 10, 2024 To: Mayor Reardon and Common Councillors, c/o Common Clerk City of Saint John PO Box 1971, Saint John, NB E2L 4L1 Request to rescind the council resolution; the City declared 1671 Sandy Point Road (PID 00418129) as surplus This resolution to declare 1671 Sandy Point Road as surplus is appalling. 1671 Sandy Point Road is a part of Rockwood Park, not a stand-alone piece of land that can be separated from the rest of the park. It is designated as Park and Nature Area / Zone P, and it is not ready for sale for the purpose of re -development. In fact, this land has never been developed before. The land looks as it is today as a result of the City clearcutting in an attempt to sell in 2003. The City has been calling it surplus, and came up with multiple plans to sell it, but each time they aborted the plan after they were met with a huge public outcry. If anything, the City should be considering remediating the land to its original parkland state. How did the Growth Committee come to the conclusion that it is surplus to the City this time? Before voting on this motion — witch was in an essence; either or not, the City takes the parkland away from its citizens—, more in-depth discussions should have taken place. I would like the Mayor and councillors to consider rescinding the motion and discuss further, then a new vote on the motion be taken when the full council was present. Respectfully, Atsko Nose 1687 Sandy Point Road Saint John, NB E2K 5E8 ` 191 From: cindy kilpatrick <ckilpat@hotmail.com> Sent: Friday, March 8, 2024 10:07 AM To: MacKenzie, John <john.mackenzie@saintjohn.ca>; Norton, Greg <greg.norton@saintjohn.ca>; Reardon, Donna <donna.reardon@saintjohn.ca>; Sullivan, Gary <gary.sullivan@saintjohn.ca>; Common Clerk <commonclerk@saintjohn.ca>; Killen, Joanna <joanna.killen@saintjohn.ca>; Harris, Brent <brent.harris@saintjohn.ca>; Ogden, Barry <barry.ogden@saintjohn.ca>; Radwan, Paula <paula.radwan@saintjohn.ca> Cc: Joan Pearce <pearcer@nbnet.nb.ca> Subject: 1671 Sandy Point Road [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to 3pamsample(d-)saintiohn.ca or contact the IT Service Desk.** Dear Mayor and councillors, I was very disappointed to recently see #1671 Sandy Point road included in a list of city owned lots that were being moved to a list of surplus land. I agree with Gary Sullivan, Barry Ogden and Paula Radwan , that parkland is not surplus land. That lot and area are important to the park and environmentally sensitive as it borders Harrigan lake. It also exits at a blind corner on a busy road. I cannot believe this lot is up for discussion and possibly for future sale again. Many city residents clearly stated several times they want it to remain part of Rockwood Park. I can only hope that another vote, when all councillors and the mayor are present, will keep it as parkland. It should be made legally part of Rockwood park permanently and never considered for sale nd development again. Thank you. Cindy Kilpatrick. 60 Candlewood lane Millidgeville. IiE1 From: Betty Elward <bettyelward@gmail.com> Sent: Friday, March 8, 2024 12:48 PM To: Common Clerk <commonclerk@saintjohn.ca> Subject: Rockwood park You don't often get email from bettyelward(cDgmail.com. Learn why this is important [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplea-saintiohn.ca or contact the IT Service Desk.** The so called surplus land is park of Rockwood and should be left as is . People use the park for hiking and biking and should be there for all to use `% From: Denise Ainsworth <denise1746@gmail.com> Sent: Sunday, March 10, 2024 5:54 PM To: MacKenzie, John <john.mackenzie@saintjohn.ca>; City of Saint John Mayor's Office <mayor@saintjohn.ca>; Harris, Brent <brent.harris@saintjohn.ca>; Sullivan, Gary <gary.sullivan@saintjohn.ca>; Killen, Joanna <joanna.killen@saintjohn.ca>; Norton, Greg <greg.norton@saintjohn.ca>; Ogden, Barry <barry.ogden@saintjohn.ca>; Hickey, David <david.hickey@saintjohn.ca>; Lowe, Gerry <gerry.lowe@saintjohn.ca>; Radwan, Paula <paula.radwan@saintjohn.ca>; Stewart, Greg <greg.stewart@saintjohn.ca> Cc: Common Clerk <commonclerk@saintjohn.ca> Subject: Rockwood Park [ 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 3pamsample(a-)-saintiohn.ca or contact the IT Service Desk.** Dear Mayor and Council, I was disheartened to see that 1671 Sandy Point Road (adjacent to Harrigan Lake in Rockwood Park (RWP)) has once again been deemed "surplus" which again puts this land at risk for development. The various attempts over the years to sell & develop this land had been successfully overturned by previous Councils due to a public outcry each and every time. It was clear from those past attempts that the residents of Saint John and the users of the park do not want to see the greatest asset this city has lost to encroaching development. I wish to thank Councillors Sullivan, Radwan & Ogden for their vote against the surplus branding. I hope that those Councillors who were not present at that meeting will be given a chance to express their view on the matter. To the councillors who have agreed to the "surplus" designation, 1 ask you to reconsider and see the value in keeping the park "natural and intact." And somebody (anybody) please find a way to permanently protect this section and all of the existing park for future generations to enjoy. Denise Ainsworth Candlwood Lane Saint John, NB Sent from my iPad M&C No. 2024-084 Report Date March 07, 2024 Meeting Date March 18, 2024 Service Area Public Works and Transport ion SUBJECT: CATALYTIC MULTIPURPOSE RECREATIONAL FACILITY EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL For Council's mandate one of the catalytic infrastructure projects identified was the development of a new multipurpose recreational facility. Funding has been put into a capital reserve to fund this project. The purpose of this report is to seek approval to draw funds from those reserves to undertake a study to advance the work on this important initiative. COUNCIL RESOLUTION Approve the withdrawal of up to $200,000 from reserves to undertake a feasibility study for the development of the proposed multipurpose recreational facility. `[E1I M&C No. 2024-077 Report Date March 14, 2024 Meeting Date March 18, 2024 Service Area Growth and Community Development Services SUBJECT. Termination of Lease City Market: Slocum & Ferris EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Slocum & Ferris has been a beloved member of this community and for decades, a staple within the Saint John City Market for the past 129 years. Slocum and Ferris has had many iterations and owners over the decades, and in 2021 after a prior closure of the business during the pandemic, the business was purchased by new owners. The City was informed that the business would be closing its doors permanently as of Saturday, March 9, 2024 and the City is formally terminating the lease in light of that decision. The City Market remains the heartbeat of Uptown Saint John, and with new vendors moving into the Market and a new strategic plan that is beginning to be implemented the future is very bright for the Market and its tenants. The City wishes Corey Dugas (operator of Slocum and Ferris) well in his future endeavors. The City Market will begin working to attract a new and vibrant tenant to fill the void left by the departure of such a valued business at the Market. COUNCIL RESOLUTION 1. The City of Saint John terminate the City Market Lease (the "Lease") with 731360 N.B Ltd., dba Slocum & Ferris in stalls 16, 17, and ancillary spaces effective March 19, 2024; 2. The Mayor and City Clerk be authorized to execute the documents necessary to effect the Termination. Mal