2008-03-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Thursday, March 27, 2008
Regular Meeting
1. Call to Order -Prayer
Special Meeting 5:00 p.m.
1.1 North of Union Street Development
City of Saint John
Seance du Conseil communal
Le vendredi 27 mars 2008
1. Ouverture de la seance, suivie de la priere
Seance extraordinairel7 h
1.1 Le developpement du secteur situe au nord de la rue Union
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March 25, 2008
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors,
North of Union Development -Action Plan
The Development -Components
The City of Saint John has identified the need for a new Police Headquarters to meet the
operational requirements of the Police Force. The Province of New Brunswick has
identified the need for a new integrated Justice building that would modernize and
centralize their court operations in the City of Saint John.
Four additional components have been identified. First, the need for a single Holding
Facility to avoid unnecessary duplication. Second, a common Public Plaza to bring
Justice and Police facilities together as `a development' and create a truly public place.
Third, the need to link the development to the existing pedway system in order to provide
ready access for pedestrians. Fourth, the need for a public Parking Garage to
accommodate the employees of the Police Facility and the Justice Facility, clients
seeking service at these facilities and those who currently park on the lands to be used for
the development.
Map #1 indicates the development area, as it now exists, outlined in red. The City owned
properties are outlined in yellow. Negotiations with the remaining property owners have
been put on hold pending the outcome of Council's deliberations.
The purpose of this report is to propose amulti-step path forward that anticipates several
activities taking place concurrently. This approach provides for a series of decision points
by Common Council along the development path as opposed to a go-no-go decision for
the full development. These decisions will include the method of competitive bidding,
any land acquisitions, building designs, award of tenders, funding agreements with the
Province of NB and the role of the private sector. This will allow Council to maintain
control over the process without undue and costly delays being incurred in the project.
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The Desired Outcomes -What are we trying to achieve?
The idea of the North of Union development arises from a desire to take full advantage of
an $80,000,000 public investment in this area of the Uptown by the Province and the City
to;
• trigger additional renewal in the uptown,
• secure a new Police HQ that meets the operational requirements of the police
force
• use high quality development to set the bar for further renewal in the area
• encourage new private sector investment in the surrounding area,
• create needed public facilities that are a lasting source of pride in the community,
• build on the substantial public infrastructure in the area (Arts Centre, Pedway etc)
to demonstrate confidence in the future of the City, and
• ensure that taxpayers get the maximum return on their public investment.
Construction of the new Police HQ will also address many longstanding operational
shortcomings that arise in the current multi-story office location. To meet public
expectations the police service requires a modern facility designed to support and
enhance service delivery.
The police force presently occupies space in four buildings throughout the City of Saint
John. There have been six (6) independent building studies that have each indicated that
the present facilities are inadequate. In total, approximately 85 issues have been listed in
the past reports such as; poor design issues, substandard detention cells, unsafe
identification laboratory, no shooting range for required use of force training, serious and
unsafe circulation issues for all users of the facilities, incompatibility with adjacent users,
unsafe handling and storage of exhibits, spaces which should be extremely public are not
very public, spaces which should be extremely secure are not secure and serious morale
issues for employees. These are some of the concerns/issues that contribute to a very
unproductive work environment.
The new facility must be;
• Operationally viable
• Enhance community/police interaction
• Provide necessary safety and security
• Satisfy essential technical requirement
• Be conducive to the needs of clients, victims ,witnesses, suspects and others
While the community outcomes and operational needs are the main drivers in this
undertaking there is also a need to ensure that vehicular traffic patterns, pedestrian
access, public amenities, off-street parking, public transit, as well as the scale, style and
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character of the new buildings are well planned, well integrated, fully serve their intended
purpose and meet community expectations.
Action to Date -Land, Consultants, Concepts, Public Input, Province NB
The members of the Council appointed Steering Committee have been meeting regularly
with their provincial counterparts. Meetings have been held with Ministers, Deputy
Ministers and the Premier in an effort to move the project forward. The Committee also
meets regularly with City staff and the various consultants to coordinate efforts and
provide direction on outstanding matters.
Provincial and municipal staff representatives have also been meeting on a recurring
basis to address a range of issues including; project scheduling, identifying project
components, developing project costs, determining cost sharing arrangements
coordinating architectural and project management efforts, procuring property and
clarifying zoning and other bylaw requirements.
The City has also negotiated the acquisition of a number of properties as part of the land
assembly required for this development to proceed and are still in discussions with
respect to a number of other properties. As well, a number of professional consultants
have been engaged as the development concept has taken shape including;
Com onent Consultant En a ed B
Police HQ DFS Architects , Police Commission
Plaza and Public S aces Glenn Group City of Saint John
Development
Coordination TOSS Solutions City of Saint John
Traffic Anal sis ADI City of Saint John
Public Consultations Cities and Environment
Group City of Saint John
Parkin Structure Ralph Bond Parking Commission
Justice Buildin Murdock Boyd /ADI Province of New Brunswick
Public Input -Process, Themes, Ideas
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Given the identified outcomes and the level of public investment in new infrastructure, it
is evident that this project has the potential to fundamentally change the character of the
area North of Union. As a result, Council directed that a public engagement process be
undertaken to solicit ideas and comment on the proposed development.
The public engagement process is meant to provide an opportunity for a broad range of
interested citizens, interest groups and stakeholders to learn about the development,
provide comment, submit ideas, raise concerns and voice their opinion(s). The result is
not meant to reflect only the ideas and concerns of specific individuals or groups but
rather to yield a synthesis of the dominant themes and ideas presented during the
sessions. As with any broad based consensus building exercise, some trade-offs and
compromises are necessary. The summary of common ideas and input is then used as a
tool to further adjust and refine the development concept.
The City conducted four public meetings, solicited on-line comments and held a series of
individual stakeholder meetings as part of the public engagement process. The level of
participation was positive and the results were encouraging and informative.
Some of the dominant themes included a desire for;
^ Open spaces, including green space that meets the needs of many people
^ Use of quality designs and construction materials
^ Residential development that brings people downtown
^ Parking facilities that integrate, not dominate any potential development
^ Locating the Parking structure on the escarpment
^ Transportation options including pedestrian routes, and bicycle friendly roads
^ The integration of heritage buildings -including building a development that
will be a heritage building of the future
^ A celebration of Arts and Culture
^ Vibrant streetscapes that encourage pedestrian traffic
^ A sustainable development that takes into consideration the environment and
green design and building
^ Retaining land for future expansion of the Arts Center
^ Retaining a narrow traffic corridor on Union Street
The staff from the Cities and Environment Group at Dalhousie University have
previously reported on the results of the workshop portion of the public consultation.
Their observations led to a series of recommendations in the form of `Big Ideas" and
`Design Guidelines'.
The Big Ideas presented were created to guide development in Uptown Saint John and were
generated through an interactive workshop process with the public. As their report states,
"These ideas are based on the notion that the Uptown is already a unique and vibrant area,
and that by building on these strengths and respecting the historical significance of the area,
new development will encourage more people to come to the Uptown to work, live and play.
In doing so, the Uptown will become a complete neighbourhood comprised of residential,
commercial and service-oriented development."
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The "Big Ideas" are set out below for Council's convenience.
OPEN SPACES
New open space should be created that meets the needs of many people and connects existing
infrastructure to a variety of interesting places (e.g., the waterfront). These safe and
accessible spaces will provide opportunities for people to meet and gather at different times
of the day, and throughout the different seasons.
INTENSITY AND DIVERSITY OF USE
It is important to attract a variety of people (e.g., young, old, families, low income, young
professionals, etc.) to Uptown Saint John. Providing a mix of good-quality housing types
(affordable and market), green developments and more services and amenities will lead to a
thriving neighbourhood and community.
PARKING
Parking must not dominate any development. Parking should be concentrated close to
transportation hubs at access points along the highway. This strategy will ensure city streets
are more pedestrian and bicycle friendly.
TRANSPORTATION
The Uptown should build active transportation infrastructure into all future development to
ensure safe and comfortable pedestrian and bicycle environments. Combined with a focus on
local and regional transit options, this will make it easier to live car free.
HERITAGE
The heritage buildings in the Uptown help us celebrate the history of our city. These
buildings will act as catalysts for innovative infill, reuse and revitalization that can
accommodate a variety of different uses. Buildings constructed today are the heritage
buildings of the future.
ARTS AND CULTURE
The Arts Centre located in the Carnegie building is an important focal point that will
strengthen the Uptown's connection to the arts community. The Carnegie building will be the
anchor from which other facilities and services can grow (i.e., arts corridor).
SUSTAINABILITY
New development in the Uptown will serve as a leading example of sustainable and green
design. This development will not only provide opportunities for people to connect with their
surroundings, but will provide a healthy environment where people can work, live and play
without having to travel great distances. An emphasis on sustainable development will
contribute to a strong and thriving community.
Streets are places of intensity, variety and human interaction. They must celebrate our
culture and identity. Streets must be walkable, comfortable and beautiful, and should
also be destinations in their own right. They must attract and support a variety of uses
throughout the day and night. A continuous, transparent and porous streetwall with
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appropriately sized buildings will create streets that are interesting, comfortable and
accessible to pedestrians.
PROCESS
Creating a shared vision for the Uptown will give community members an idea of what
development to say `yes' to and will also give the community the confidence to say `no' to
bad development. The Uptown is in need of a comprehensive community-based land use plan
that will capture the ideas and dreams of community members through an open public
consultation process. In addition, the public's visions and ideas must become formally
legislated policy to ensure ideas become reality.
Their report also included two specific recommendations, namely;
• Accept the Big Ideas, Guide to Public Improvements, Design Guidelines and the
Concept Plan in principle and use these as the basis for developing a more detailed
site plan and set of design guidelines for the North of Union project.
Endorse ongoing public engagement and involvement in the development and
implementation of planning strategies and policies for Uptown Saint John and the
North of Union site.
Common Council received a presentation from the Cities and Environment Group and
their report was referred to the City Manager for a report back at a Special Meeting of
Council.
Stakeholder Meetings
In addition to the public consultations, City representatives held a series of individual
stakeholder sessions. These included meetings with representatives from Vito's
Restaurant, the Stone Church, Clark Drummie, John Howard Society, Elizabeth Frye
Society, Housing Alternatives, the Human Development Council and Correction Services
Canada, Enterprise Saint John, Uptown Saint John and the Saint John Board of Trade.
The key inputs from these sessions included;
• Strong support for transit services and need to manage traffic
• Strong support for the police complex development-fits like a hand in a glove
We have a very inefficient way of providing parking-one level surface parking in
the uptown area
• There should be a residential component to the development
• Do not dwarf the Stone Church with future development -maintain site lines
• Do not ignore social support needs of citizens living in the area
• Place structured parking on the Sewell St hill
• The project needs to be reflective of the past-our history
Design the Police facility with a museum component inside to celebrate the
history of our police service
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• Given the clustering of justice services in the immediate area it is the right thing
to do
• There are approximately 12 related criminal justice services in the immediate
area-police/justice is the right fit
• Common sense approach with respect to the police/justice complex, long overdue
• Pedways are great, we need more, please connect the new development with the
existing pedway system
• This project is important for those who have already invested in the area-finally
get a return on their investment
Business owner willing to share in costs
• Property owners willing to pay costs associated with pedways if it benefits their
business
Do not remove the CFBC building
• The block has been vacant (empty parking) for over 25 years, finally something
that makes sense-just make it happen
New Development Approach
In practical terms, application of the identified Big Ideas and Design Guidelines and the
overall community input necessitated a reconfiguration of the development plan from that
originally presented in order to better meet public expectations.
The proposed new development configuration takes these factors into consideration. The
most significant changes include;
• Relocation of the Police HQ to an area south of the Arts Center to allow for
possible future expansion of the Arts Center or some other possible development
• Transfer of the parking structure to the Sewell St escarpment to minimize the foot
print of the development in the area and ensure full utilization of the facility. In
addition, this location may create a development opportunity on the parking
structure deck(either residential or commercial) that staff do not feel would be
possible at a location on the north side of Station Street adjacent to Harbour
Station
• Increased emphasis on public transit, bike paths and pedestrian ways including a
green space component with a pedestrian emphasis
• Inclusion of significant public spaces around the individual structures including
the potential for an Art Park
• Change in the potential pedway connection from Union St to the Harbour Station
link across the escarpment
• Preservation of the CFBC building and Synagogue
• Retention of the street fronts on Wellington Row
• Rehabilitation of the Arts Center
• Limiting the width of the Union Street traffic corridor
• Application of the Design Guidelines
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While the individual building designs and final configurations have yet to be determined
the following approach is proposed for each major component.
The 113,000 sq. ft. Justice Building is to be situated on the site of the existing YM-
YWCA. The new building will allow the consolidation of court, probation services and
prosecution services in one location. It will be a prominent structure that would be highly
visible as traffic approaches the uptown area. It would, in turn, have a secure
Underground link to the Police Headquarters that would be used to service a single
Prisoner Holding operation and facilitate prisoner handling between the buildings as
well as necessary Police/Justice staff interaction on a daily basis.
The Police HQ, a 69,000 sq. ft. two storey building owned by the City of Saint John, is
removed from the rear of the Arts Center and is to now be situated generally in the area
between Union St and the Arts Centre. While fully developed as a secure structure it
would have the appearance of an inviting commercial or office building and include
public spaces, appropriate facades on the street fronts and will be equipped with all
required public amenities. The architecture of both new buildings would complement the
style and character of the surrounding neighbourhood.
This new location will likely require a reconsideration of the police building schematic
design if a smaller footprint is to be used. While some trade-offs are necessary in any
major development, the result in this case must not compromise the operational
requirements of the Police Force. The recommendations contemplate a review of their
impact and a subsequent report to Council.
Energy conservation and environmental factors will be considered/integrated in the
architectural design. LEED certification will be sought for the Police and Justice
buildings to demonstrate the community's sensitivity to environmental considerations
and to take advantage of new energy conservation technologies.
The Police and Justice facilities would face onto a high quality common Public Plaza
that would surround the Arts Center and encourage pedestrian access between the
buildings and serve as an informal outdoor gathering space in an aesthetically appealing
environment. A significant Public Art component would be incorporated into the Plaza.
The Arts Center would continue to serve as the focal point of the development and
reinforce the role of both the Justice and Police buildings as public facilities in a public
space. Rehabilitation of the Arts Centre would be required to fully complement the new
development. This work would be included in any Call for Proposals. Surface parking for
those with limited mobility would be provided adjacent to the Arts Center while public
parking for events and staff would be provided in the new garage.
An area to the rear of the Arts Center would be reserved for future expansion or simply
be made available for other possible developments that may be proposed through the
process. In addition, preservation of the CFBC building and Wellington Row frontages
could permit further exploration of the Arts Corridor concept. However, the building and
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lands on Wellington Row may also prove to be of interest to the private sector for mixed
use development. Additional complementary development is exactly the goal that
Council had agreed to pursue when it embarked on exploring this opportunity
A Transit Lay-by will need to be situated on or near the development to encourage the
use of public transit by both employees and citizens and minimize on-street and off-street
parking needs. Widened sidewalks and bicycle paths will encourage on-street activity.
A multi-storey Parking Garage, possibly operated by the Parking Commission (financed
and constructed by the City and/or the Private Sector), would be located to the west of the
Stone Church on the escarpment off Carleton Street. Consideration was given to the
concept of locating the structure west of Harbour Station, however this was rejected
given its distance from the uptown, the lack of ready access to the Harbour Station site,
the disconnect from the other development components, the financial risk of not securing
enough clients to support the $15.OM investment and the advantage of redirecting traffic
to Station and Sewell Streets and maintaining Union St at 2-3 lanes.
The design of the parking structure will incorporate the guidelines and will be
aesthetically appealing. The required parking for the Justice facility would be provided
on a contractual basis with the Province in this garage. The garage would also provide
vehicle access to Sewell and Carleton Street so as to minimize traffic in the vicinity of the
development. In addition, the parking structure would serve to accommodate hourly
parking in the uptown, overflow parking for events at Harbour Station and service future
development in the adjoining areas. The parking structure could also serve as a platform
for future development in the area.
The Streetscapes will be developed in conformity with the Guidelines with a strong
emphasis on visual site lines, greenery, seating areas, lighting, mobility and safety.
Finally, it is also proposed that a Pedway Connection linking the parking structure and
the existing pedway network be constructed near the Harbour Station entrance. This
would facilitate access to the Inside Connection and Uptown Merchants for the over 500
employees in the complex and allow citizens easy access to services in the facilities.
It is hoped that soliciting a call for development proposals from the private sector will
yield additional Mixed-use Residential and Commercial developments as integral parts
of the public sector investment.
While the result of incorporating the Big Ideas and Design Guidelines from the public
engagement process into a new development plan or configuration may improve the
aesthetics and livability of the area, staff are concerned that it may also compromise the
intended outcome of the development to the extent that there will no longer be a direct
pedway connection from the parking facility across Union St to the commercial core.
It was intended that the location of the Parking Structure and Pedway would serve as a
spring board for additional private sector investment east of the development. There is
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greater uncertainty now about the potential for development in the Peel to Wellington
Row block given the new location of the Parking and Pedway elements.
Provincial Participation -Cost Sharing, Coordination
The City of Saint John has conducted extensive negotiations with the Province of New
Brunswick on the opportunities for cost sharing (plaza), elimination of duplication
(secure link and holding facilities) and the provision of public parking. (correspondence
attached)
Staff will be submitting for Common Council approval an MOU;
• Defining the project elements (Plaza, Parking, Secure Link, Holding Cells)
to be jointly funded including operational responsibilities
• Setting out the terms of agreement on the operational and capital cost
sharing of each component
• Setting out the terms of agreement on responsibility for design and
construction of shared elements
• Setting out an agreed upon completion schedule
Cost sharing the various components with the Province brings opportunities for
substantial cost savings for the taxpayers however it also brings with it a requirement to
ensure that the shared facilities are ready for occupancy at the same time. This has
implications for the scheduling of the work and the method of competitive bidding that is
employed.
Financial Implications
A key concern is the capacity of the City to absorb this level of capital expenditure and
the consequent impact on the tax rate. The following are `Order of Magnitude'
projections of the construction cost of the various components. It is important to note that
more detailed budget costs cannot be determined until the designs are near completion.
The actual costs will not be known until the tender process is completed.
Component Projected Cost
(2008 $) Province of New
Brunswick City of Saint
John Private
Sector
Police HQ $23.0 M $.85M $22.15M -----
(building, fees, (50%, detention, link)
land,
furnishin s)
Plaza 1.SM $.SOM $1.OM ------
(lump sum contribution
related costs)
Civil Work 1.7M ----- 1.7M ------
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Parking
(500 @ $30I~ 15.OM 4.SM
(estimated 150 @
$30,000 financed) 10.5M
(worst case) TBD
Land Assembly 3.OM ----- 3.OM
Justice
Building 47.OM 47.OM
(includes Parking,
Plaza, Holdin ) ---- TBD
Pedway 1.OM ---- 1.OM TBD
Arts Center
Restoration 1.8M ---- 1.8M -----
Legal,
Consultants .SOM .50M
Total 47.OM 41.65M
The initial investments for the City are the Police HQ, Civil work and Public Plaza
components at a combined projected cost of $24-25M. The construction of the Pedway
and Parking components will involve the private sector and the cost sharing by the City
will have to be determined as part of a formal RFP process. The improvements to the
Arts Center will have to be considered in light of any proposed expansion.
The Commissioner of Finance has completed a financial impact analysis on the basis that
24.5 million dollars would be invested by the City over the 2007-2010 timeframe. The
analysis concludes that the carrying cost of the related long term debt would equate to
approximately a 3 cent increase in the tax rate. This actual effect would depend largely
on the level of tax base growth during this period and the level of transfer payments from
the Province of New Brunswick.
Competitive Bidding Process -Tender vs An Alternative Procurement Method
(APM)
There is a rare opportunity to use this level of public sector investment in Saint John as a
platform to trigger new development in the uptown core, set the standard for future
development in the area for many decades and to leverage additional private sector
investment as part of this development. This is particularly true now given the revised
plan and the opportunities that may now exist on lands between Peel Street and
Wellington Row. Public input suggests a willingness and desire to see this area become
more residential in nature.
This level of public investment is substantial enough to draw the interest of large scale
developers. Additional investment from the private sector could come in the form of new
commercial and/or mixed use residential construction as part of the public sector
development.
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Direction from Council on the preferred approach to seeking competitive bids for the
development is required. Alternatives include - Individual Tenders, PPP, RFP,
Expressions of Interest and Joint Tenders. The need to meet the design and construction
timelines will greatly influence the preferred approach. The goal is to get the best value
for the taxpayer both in the short-term and the long-term.
The City has previously advanced the idea that a single Call for Proposals be issued for
all the components on the basis that this will result in better coordination during
construction, reduced costs through economies of scale, better cost control during
construction, greater likelihood for value added projects being proposed by developers
and the possibility that new ideas and approaches to construction and financing can be
realized from experienced large scale developers.
Provincial staff have expressed reservations about using a single development proposal
including the risk of cross subsidization between project components, the difficulty in
making qualitative decisions when dealing with developer proposals, the extended
timelines using this approach and the limited flexibility in the designs of the two
buildings given their unique operational requirements. Concerns were also expressed that
perhaps this sort of approach would prohibit small local companies from participating
and that it would only attract the large national developers.
Given the provincial decision not to proceed with a single development proposal, a
coordinated but independent bidding process will be required in order to meet the
established time lines. Essentially the Province and the City will seek separate
competitive bids for their respective components with common completion dates.
The City could proceed to direct Tender calls for the public components. This would be a
traditional bidding process that could be conducted in a timely manner. The lowest
qualified bidder(s) would be awarded the contract(s) by Council and construction would
proceed based on the City specifications, with City inspection, and with City quality
control and supervision. Unfortunately, this method does not encourage any immediate
additional private sector investment in the area, which is one of the key outcomes. In
addition the time to be spent on this project by various City and Police Commission staff
will be significant and last over an extended period of time.
Instead, it is proposed that a two stage process be employed by the City to best ensure
that the public investment yields additional value from the private sector. This would
involve issuing a call for Expressions of Interest and Qualifications for 1) construction of
the Police HQ, 2) provision of all civil work, 3) completion of the public spaces and
Plaza and 4) construction of the Parking Structure, 5) restoration of the Carnegie Building
and 6) extension of the Pedway. A short list of qualified bidders would then be invited to
submit detailed proposals for the City components and identify what additional value
they can bring to the development in the form of residential and or commercial
development. The proposals would be evaluated against specified criteria and a
recommendation would be submitted to Council.
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The actual structuring of the proposal call will require the assistance of outside expertise
in order to fully protect the City's interests. Expertise will also be needed to assist with
the evaluation of the various proposals.
The potential financial benefits of a two step process versus a straight tender are not
expected to be significant. The City must either finance the debt repayment in the case of
a Tender Call or cover the associated capital costs in the form of lease payments under
the Alternative Procurement Option. The real value arises in our ability to specify
construction deadlines, minimize capital financing charges during construction, control
risks of cost escalation during construction, use private sector expertise during
construction and potentially realize additional private sector development.
Council needs to understand that the Two Step Process will require significant up front
soft costs (legal, professional expertise, etc). Beyond advice related to the preparation of
the Request for Expressions of Interest and Qualifications, considerable time and
expertise will be required to prepare all of the necessary legal documentation and
contracts that will dictate the relationship between the City and the selected Developer.
Responsibility of each party with respect to each component will need to be clarified. In
other words, for each component, the parties will need to address the following questions
in a formal agreement; who is responsible for detailed design (excluding Police HQ), for
construction, for future operations, for repairs and maintenance, for financing, for
warranties and a host of other issues.
This upfront work, while costly, is absolutely necessary to ensure that responsibilities are
clearly defined and that once the parties sign off on the agreements, construction can start
immediately with the goal of being "on budget, on time and in compliance with the
design and quality specifications as agreed." Obviously if these goals are not met then the
developer is going to be subject to certain agreed upon penalties.
Award of a proposal is a Council decision. Council may ultimately determine that the
results of the Proposal Call method cannot be supported in which case a traditional tender
approach would be employed.
Time Lines -Coordination with Province NB
Both the justice and police facilities must have access to the detention facilities as part of
their daily operations. It is therefore a requirement that both the Police and Justice
facilities be ready for occupancy on or about the same date. The Province has announced
its intention to use a P3 process for the Justice facility. The indicated time line for their
process is as follows;
• Expressions of Interest -May/June 2008
~ Complete Design
• Request for Proposal -Nov/Dec 2008
• Break Ground -April 2009
• Occupancy -September 2010
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In order to coordinate the key occupancy date the following schedule is proposed for the
Police HQ component:
• Schematic Design -April/May 2008
• Design Development -June/August 2008
• Contract Development - Sept/Nov 2008
• RFP -Dec 2008
• Construction - Apri12009
• Opening -Sept 2010
At present, the Police Force occupies rented space in the City Hall building. Under the
current lease, the City must notify the landlord of its intention to remain in this facility.
Notification must be sent to the landlord before April 30`h, 2008 that the City intends to
continue to occupy its current space occupied by Police for a two year period beyond
April 30, 2009. The net rent payable during year one is $7.00 per sq/ft and $7.50 in year
two. Given this timeline, the City must take steps now with respect to the continued
tenancy of the Police Department in this building.
The Municipal Plan
The Municipal Plan identifies this area, including the adjacent escarpment as part of the
Uptown Regional Centre. Part 6 of the Plan was updated in 1994 to formally adopt the
Uptown Strategy. Many of the policies in the strategy has been re-enforced by Vision
2015 and the Design Guidelines recently presented to Council as a result of the
consultation process.
Appendix 3 provides a copy of some of the specific policies and a copy of the Future
Land Use map for reference, but the opening statement of the strategy is particularly
relevant to the North of Union discussion. It states:
Successful city-centres create a positive environment for economic opportunity. Business
development and employment opportunities are only part of the storey. City-centres must
also respond to the community's cultural and social needs; and there must be provision
for residential activity, vehicle and pedestrian systems, heritage assets, public spaces,
private investment, and other considerations
More particularly the North of Union area is identified as a mixture of High Intensity and
Low Intensity Mixed Use development. This is consistent with the existing zoning which
permits a wide range of business, residential, cultural as well as institutional uses.
The Uptown has an economic significance to the City which must be supported and
nurtured. Worth noting are the policy areas in the plan that are also front and centre in the
North of Union discussions; the need for quality design, encouragement of residential
development provision of open spaces, recognition of our heritage resources, support for
transit and other alternative transportation modes. It should also be noted that there are
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also policies supporting a compact urban form for higher intensity development including
the extension of the pedway system and new parking structures to meet increased parking
demands.
The development North of Union can play a significant role in moving the City closer to
meeting many of these policy objectives. The Uptown Strategy and the Guidelines
developed to date all point to a quality urban environment with a mix of uses and scale.
The conceptual plan to be developed as the next step, will be guided by these policies and
the guidelines.
The Risks
Not Proceeding at This Time
In addition to the need to have common occupancy dates, there are also practical
considerations that must be addressed. Our architects have advised us that delays in
proceeding to construction will result in cost increases due to rising material costs, and
increased labour costs due to the increased level of construction activity in the area. Some
of these impacts are already evident in the marketplace.
As well, the provision of underground services (water, sewer, power, communications),
completion of the public spaces and Plaza around the various components of the
development, and the related street closures point to the need for tight coordination on
site so as to avoid costly re-work in the development area.
Should the City not be able to site, construct and occupy the Police HQ facility by April
30, 2011 the City is also exposed to a demand for higher rental rates from our current
landlord. The City does not have a contractual right to occupy the Police space beyond
this date
Proceeding
The outcome of the Proposal Call in the form of new private sector investments cannot be
predicted with certainty. There is a risk that all that the City may achieve at this time are
the developments that are to be funded by the public sector. It was always anticipated that
public monies would trigger additional private investment. Public controversy, economic
circumstances, alternate investment opportunities, legal structure, interest rates,
profitability and a host of other factors will ultimately determine the level and nature of
private sector interest in this development.
Mitigation
The risks inherent in proceeding with this type of multi-component development can be
mitigated by establishing a series of decision points for Council as opposed to simply
adopting a go vs. no-go decision for the full development at the outset. In this manner,
Council can continue to monitor progress and ensure that expectations are being met,
costs are affordable and that the process is in fact yielding the desired outcomes. This
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approach also allows for the development concept to continue forward in line with the
established deadlines for completion.
The key decision points are;
• Approved Recommendations included in this report
• Authorize the Police Commission to proceed with final design
• Authorize any future land acquisition
• Authorize MOU with the Province of New Brunswick re cost sharing
• Authorize EOI and Approve Short List of Bidders
• Authorize issuance of RFP
• Authorize Award of Contract to proponent
Ongoing Public Engagement
A key recommendation flowing from the Public Input was the need for and expectation
of ongoing citizen involvement in the key aspects of the development. These would
include opportunities for feedback on the revised configuration, input on the proposed
designs for the various components and input on the developer proposals.
The Cities & Environment team was direct in their assessment that the legitimacy and
credibility of the public engagement process will rest on the actions of the Council as it
moves forward with the development. At the same time it is important to consider that
there is a need to make timely decisions in order to protect the taxpayers' financial
interests.
It is proposed that concurrent with the timelines identified earlier in this report the public
be provided with opportunities to be able to provide input on the proposed development.
Specifically the following steps should be taken at a minimum to engage the community
throughout the development process:
1. Public Input on final designs for each of the major public components and
new design concept for the site. (Police Facility, Parking Garage, Public
Plaza)
2. Public Input regarding proposals for development of the area from the private
sector.
3. Public Input regarding art components to be associated with the new
development.
4. Continued work on the development of design guidelines for city. The Urban
Design Committee appointed by Council in 2007 will be reporting shortly on
a process to develop design guidelines that will include the opportunity for
public consultation and input.
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Conclusion:
Common Council, supported by the Police Justice Committee and with the benefit of
having received significant public input is equipped to resolve an issue that has been
before every previous Council since the Police Department was required to occupy this
City Hall building in the early 1970 in order to ensure that this building could become a
reality. From a community and development perspective it was the correct decision to
make at the time. However, it is no secret that the decision has hindered the effective and
efficient operation of the Police Force as well as having contributed to a number of
related concerns for the safety for other tenants, employees and citizens who by necessity
must frequent this building.
In 2004, Common Council established, as one of its priorities, the task of finally
proceeding to resolve the concerns related to an inadequate Police Headquarters. As this
report has identified, a tremendous amount of work has been accomplished and public
input received. Your City Manger, supported by staff who have been directly involved
since Common Council adopted this as its priority, has concluded that in order to move
forward with wide spread community support and fulfill the desired outcomes, Common
Council should act on the following recommendations.
Recommendations;
a) With respect to the Development Plan
a. That City of Saint John reconfirm its desire to approve a Development
Concept that would result in the construction of Justice Facility, a Police
Facility and the required Parking Facility in the area which is now been
commonly referred to as "North Of Union".
b. That Council confirms its position that the preferred Development
Concept includes the Justice Facility being constructed on the lands
commonly known as the YMCA site,
c. That Council approves the construction of the Police Facility in the block
generally bounded by Hazen, Chipman, Peel and Union Streets (may
include portions of existing Right of Ways).
d. That Council approves the construction of a Parking Facility on what is
commonly referred to as the Carleton Street Escarpment.
b) With respect to Public Consultations
a. That Common Council will require that any development proposal to be
considered must address, and be sensitive to, the "Big Ideas" and "Design
Guidelines" that were developed as result of receiving public input.
b. That any development proposal, when received, be not only evaluated
against these "Big Ideas" and a list of other criteria to be developed, but
must also be evaluated with respect to the developers commitment to
ongoing public consultation as part of the Development Planning Process,
c. That the Public be provided with opportunities for input on final designs
for each of the major public components and new design concept for the
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18
site. (Police Facility, Parking Garage, Public Plaza), input regarding
proposals for development of the area from the private sector and input
regarding art components to be associated with the new development.
c) With respect to the requirements of the Police Facility
a. That Common Council request the Police Commission to have their
Architects of record revisit their program and conceptual plans to
determine if it is possible to
i. Have the facility be located generally within the block as identified
without significantly diminishing the operational efficiencies
ii. Pay particular attention to the views expressed regarding
streetscapes during the public consultations and in particular the
`Design Guidelines.'
iii. Once the Police Commission has approved a revised conceptual
design, submit the design to Council for authority to proceed
d) With respect to the Police tenancy in City Hall
a. That the City of Saint John formally notify the existing owners of the City
Hall building prior to April 30, 2008 that the City is exercising its option
to extend its occupancy related to the Police Space until April 30, 2011
e) With respect to developing an effective Alternative Procurement Method;
a. That Common Council authorize the City Manager, working with the
City's Purchasing Agent and City Solicitor to embark on a process of
inviting submissions for professional expertise related to the following:
i. Preparing a Call for Expressions of Interest and Statement of
Qualifications.
ii. Assistance in the review and short listing of possible Developers
iii. Preparation of the final Request for Proposal with an established
Evaluation Process
iv. Preparation of the final contract documents in consultation with the
City Solicitor
fl With respect to the issue of Tender versus An Alternative Procurement
Process
a. That Common Council authorize the City Manager to proceed on the basis
of using an Alternative Procurement Process that would result in
i. A Call for Expressions of Interests and Statement of
Qualifications as the initial step,
ii. Followed by a Short Listing Exercise based on criteria to be
established
iii. Issuance of a Call for Proposals to qualified Development
Companies or Consortiums
iv. That the Call for Proposals will stipulate the City's desire to have
the respondents indicate options related to the design (excluding
Police HQ), construction, financing and perhaps ongoing
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maintenance of any of the components of the development or
part(s) thereof namely, the Police HQ, the Parking Structure,
Rehabilitation of the Carnegie Building, all Civil Works, the Plaza
and Public Spaces deemed critical to this development.
g) With respect to Discussions with Property Owners in the Area
a. That Common Council direct the City Manager to cease making any
further offers on properties in the general area without prior direction from
Council sitting in Committee of the Whole
b. That the City Manager be directed to communicate to any property owner
in the area who is in possession of an offer from the City Manager, that
they have until April 30t" to accept the offer (subject to Council approval)
as presented or the Offer is off the table.
c. That Council request the Saint John Parking Commission to take any
reasonable steps to acquire any additional lands that would allow for a
properly designed Parking Facility on the proposed escarpment site.
h) With respect to Negotiations with the Province of New Brunswick
a. That the City Manager, in conjunction with the Police Commission, be
directed to work toward finalizing the following:
i. A Formal Memorandum of Intent related to the cost sharing of
certain elements (Plaza, Public Space, Parking, Secure Link,
Holding Cells) of the development including,
ii. Agreement with respect on going responsibilities for each of these
components including maintenance, upkeep and staffing and,
iii. Agreement with respect to responsibility for design and
construction of these shared elements and,
iv. Agreement with respect to scheduling and completion dates
Respectfully submitted,
Patrick,~Voods CGA
Deputy ity Manager
Terrence L. Totten FCA
City Manager
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20
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Appendix 3 Part 6 Muncipal Plan: Uptown Strategy
Various Part 6 policies re Uptown development
BUSINESS RETENTION
6.4.1.2 "It is a policy of the City to undertake initiatives which provide a positive
environment for retention of businesses Uptown. "
OFFICES
6.4.1.5 "It is a policy of the City to actively pursue the establishment of office activities Uptown. "
RESIDENTIAL
6,4.1.6 "It is a policy of the City to actively promote the Uptown as a residential
opportunity. Seniors, immigrants, students and double income couples are groups which
may find Uptown living particularly attractive. "
NEW INVESTMENT
6.4.1.7 "It is a policy of the City to identify and aggressively pursue business developing
opportunities which attract new investment and new ideas to the Uptown. "
COMPACT FORM
6.4.2.2 "It shall be the policy of the City to ensure that the Uptown maintains a compact urban form.
This will be achieved by developing a number of areas designated High Intensity Mixed Use, and
maintaining a compact Low Intensity Mixed Use. "
PUBLIC SPACE
6.4.2.3 "It shall be the policy of the City to require that opportunities for open space or greenspace
for public use be identified and provided where possible, when developing or redeveloping sites
Uptown. "
MIXED USE
6.4.2.4 "It is the policy of the City to encourage mixed use development in the Uptown, to the extent
that various land uses are compatible. The major land use activities Uptown will be compatible. The
major land use activities Uptown will be commercial, office, retail, institutional, attractions, and
residential. Uses supportive of these main activities, including assembly, warehousing and value-
added processes may be accommodated where the environmental and community impacts are of a
limited nature consistent with the mixed use character of the Uptown. "
22
HERITAGE RESOURCE
6.4.3.1 "It is a policy of the City to continue to capitalize on our rich heritage resources
by building on the values and craftsmanship of past generations, as expressed in many of the
buildings of the Uptown, and by encouraging high quality development compatible with our cityscape
and maritime heritage. This provides Uptown with a special image and a framework for quality
development in the future.
SECURITY OF INVESTMENT
6.4.3.3 "It is a policy of the City to "encourage security of investment "for developments
Uptown by implementing programs which ensure that development and redevelopment are well
designed and are positive additions to the urban environment, and by ensuring consistency of
administration. ".
PEDWAY OPPORTUNITIES
6.4.3.4 "It is a policy of the City to encourage and facilitate service business and retail development
opportunities both internal to the pedway system, and outside on street frontage. "
RESIDENTIAL OPPORTUNITIES
6.5.2.2 "It shall be the policy of the City of Saint John to develop a program of action to encourage
the construction and maintenance of quality housing in the peninsula and undertake a proactive role
in the identification of development opportunities. "
BALANCED NEIGHBOURHOODS
6.5.4.2 It shall be the policy of the City of Saint John to encourage the development of residential
neighbourhoods throughout the peninsula which are relatively balanced in terms of social and
economic characteristics.
LARGE-SCALE DEVELOPMENT
It shall be the policy of the City to encourage the development of large scale residential buildings
proposed for the Uptown to locate in the "high intensity mix" areas indicated on Schedule 6-A.
23
Part 6 Uptown Strategy Future Land Use
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24
Minister
Supply
and Services
New ~rNouv~au
Brunswick
C A N A D A
Mayor Norm McFarlane
City of Saint John
P.O. Box 1971
Saint John, N. B. E2L 4L1
March 18, 2008
Re: Saint John Courthouse
Your Wo ip: ~~,~~,
Ministre
Appro~~isionnement
et Services
We are writing to update you pursuant to your meeting on January 9, 2008 with Minister
Roly MacIntyre and subsequent meetings between our officials to confirm our
understanding with respect to moving forward on the Justice complex.
At our meeting of January.9t", there was a high level discussion noting that our Justice
project and the City of Saint John's Police complex were complementary and that there
was a need and a mutual benefit to coordinate our efforts. We also discussed various
processes to achieve the desired outcome.
As stated in our meeting, the Province will be proceeding with a Request for Proposal to
build and lease our courthouse. There is a need to develop a steering committee to work
out the technical and regulatory issues between our projects and to pinpoint physical
interfaces between our projects to avoid delays in design and construction. There also
needs to be a business arrangement worked out regarding shared facilities such as the
plaza, parking and detention facilities. We have assigned Mr. Scott Gibson to represent
the Province to this end. Mr. Gibson will work with your officials to coordinate the
design and construction activities of the Province to ensure that the uptown development
will be a successful venture and one that the Province and City can be proud of for years
to come.
ur truly,
Ja K 'r
Mi iste of Supply, and Services
- P.O. Box 6000 Case postale 6000
Fredericton Fredericton
'I'el./Telephone : (506) 453-6100 New Brunswick Nouveau-Brunswick
Fax/relecopieur2L06) 462-5049 Canada E3B 5H1 Canada E3B SHI