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2023-02-06_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, February 6, 2023 5:30 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (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 January 23, 2023 2-8 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Staff Appointment under the Saint John Building By-law (Recommendation in 9 - 11 Report) 5.2 Planning Advisory Committee: Proposed LPP Release - 0 Boyaner Crescent 12 - 21 (Recommendation in Report) 5.3 Retention of External Consultant for Rapid Housing Initiative Application 22 - 30 Financial Due Diligence (Recommendation in Report) 5.4 Environmental Trust Fund Letter of Offer, Re: Step 2 GUDI Assessment for 31 - 37 South Bay Wellfield (Recommendation in Report) - 3 wells 5.5 Contract 2022-02: Beach Crescent — Sanitary Lift Station Modifications 38 - 41 (Recommendation in Report) 5.6 MC 2023 - 029 Rogers Amendment for SIM LTE-M for Saint John Water 42 - 55 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Section 59 Amendment - 661 Dever Road 56 - 122 9.2 Proposed Zoning By -Law Amendment - 157 Starburst Lane 123 - 274 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Homelessness Strategy (Councillor Hickey) 275 - 276 12. Business Matters - Municipal Officers 12.1 2023 Field, Arena Floor and Tennis Court Rates 277 - 305 12.2 2023 Initiatives Plan 306 - 329 12.3 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Name Change H & S Meats in City Market 330 - 330 17.2 2023 Insurance Renewal 331 - 333 18. Adjournment K City of Saint John Common Council Meeting Monday, February 6, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:45 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JANUARY 23, 2023 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 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Also Present Chief Administrative Officer (CAO) B. McGovern General Counsel M. Tompkins Commissioner Human Resources S. Hossack Deputy Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J Hamilton Finance Controller C. Lavigne Commissioner Public Works and Transportation Services M. Hugenholtz Director External Relations L. Caissie Director Legislative Services / City Clerk J. Taylor Administrative Officer R. Evans Deputy Clerk Patricia Anglin Call to Order K COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 1.1 Land Acknowledgement Councillor Sullivan read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John High School Choir under the direction of Trish Gallagher sang O Canada by video. 2. Approval of Minutes 2.1 Minutes of January 9. 2023 Moved by Councillor Stewart, seconded by Councillor Killen: RESOLVED that the minutes of January 9, 2023 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the agenda for January 23, 2023, be approved with the addition of the following items: 16.1 Big Brothers Big Sisters Fundraising Event, Celebrate Mentoring Luncheon 17.1 Rehabitat Inc. Boar's Head Road Development — Option Extension 17.2 Development Proposal from John Howard Society on Troop Street 17.3 Information Technology Purchase 17.4 Rapid Housing Initiative — Due Diligence MOTION CARRIED. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 RESOLVED that as recommended in M&C 2023-014: Proposed Public Hearing date for 1382 Hickey Road and Rescheduling of 92-94 Bon Accord Drive, Common Council schedule the public hearing for the Zoning By-law Section 59 amendment application submitted by U-Haul Co. (Canada) Ltd. for 1382 Hickey Road (PID: 55007066) for Monday, March 6, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB.; and that Common Council reschedule the public hearing for the Zoning By-law Rezoning application submitted by Zhao Jian for 92-94 Bon Accord K3 COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 Drive (PID: 00446310) from Monday, February 6, 2023 to Monday, April 3, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.2 RESOLVED that as recommended in M&C 2023-010: Amendment for Bell Ethernet Connection Change the City enter into Amendment 1 to Bell Ethernet Services Schedule with Bell Aliant in the form attached to M&C No. 2023-010; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. 5.3 RESOLVED that as recommended in M&C 2023-019: Acquisition of Easement at 41 Crown Street, the City enter into an Agreement of Purchase and Sale in the form generally as attached to this M&C report with T. J. Tab Holding Inc. for the acquisition of an easement for municipal services over and along a property identified as 41 Crown Street (PID No. 00017905 and 55097091); and that the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. 5.4 RESOLVED that as recommended in M&C 2023-012: Renew Data Integration Consulting Statement of Work, the City renew the Data Integration Consulting Statement of Work Project Change Request document with Softchoice in the form attached to M&C No. 2023-012; 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 M&C 2023-021: Master Service Agreement for Professional Services with De/oitte LLP the City enter into the Master Service Agreement in the form as attached to M&C No. 2023-021 with Deloitte LLP to provide audit services for the year ending December 31, 2022, and that the Mayor and City Clerk be authorize to sign the said Master Service Agreement and any other documents ancillary thereto. 5.6 RESOLVED that as recommended in M&C 2023-020: Printing Service Agreement with Saint John Energy 2023-2024 Common Council approve the Printing Service Agreement with Saint John Energy for the printing and mailing of the Saint John Water bills and payroll T4s, T4As and the Pension Pay Advices for one year term from February 01, 2023 to January 31, 2024 and that the Mayor and City Clerk be authorized to sign the submitted agreement. 5.7 RESOLVED that as recommended in M&C 2023-015: City of Saint John — Forest Hills Ball Park Lighting Renewal Additional Required Work Common Council approve the following: 1) the tender award amount of Contract 2022-082301 P Forest Hills Ball Park Lighting Renewal previously awarded to Able Electric (2016) Ltd on July 111", 2022, be increased from $597,000+HST to $726,751.83 plus HST as outline in this report; and 2) The capital budget be adjusted by re -allocating $133,201.08 from the District Energy project to the Forest Hills Ball Park Lighting Renewal. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. C! COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations/Presentations 9. Public Hearings - 6:30pm 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 155 Market Place (PID: 0036259) Commissioner Hamilton provided an overview of the City's Demolition of Vacant, Dilapidated and Dangerous Building program aimed to ensure public safety. Referring to the submitted report M&C 2023-011: Demolition of Vacant, Dilapidated and Dangerous Building at 155 Market Place (PID: 0036259), Technical Services Engineer Benn Purinton advised Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building located at 155 Market Place. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. The Mayor read the cautionary demolition statement as follows: "The information which has been provided in the Council Agenda Packet includes the report of the Building Inspector stating that the building located at 155 Market Place (PID: 0036259) is a hazard to the safety of the public by virtue of its being amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes present evidence to the contrary, i.e., that the building is structurally sound and not dilapidated? No one came forward to present evidence. Moved by Councillor Stewart, seconded by Councillor Radwan: RESOLVED that as recommended in the submitted report M&C 2023-011: Demolition of Vacant, Dilapidated and Dangerous Building at 155 Market Place (PID: 0036259), the building located at 155 Market Place, PID# 00363259, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation: and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and 61 COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 13. Committee Reports 13.1 Finance Committee: Letter to the Minister of Local Government and Local Governance Reform Referring to the submitted report M&C 2023-17: Letter to the Minister of Local Government and Local Governance Reform, Chair of the Finance Committee Councillor Sullivan provided an overview of the Finance Committee recommendation concerning the multiplier based on the unsatisfactory results of applying the multiplier. Moved by Councillor Sullivan, seconded by Councillor Killen: RESOLVED that as recommended by the Finance Committee, Common Council send a letter to the Minister of Local Government and Local Governance Reform in support of the Expert Panel recommendations on Equalization as well as to request the elimination of restrictions on setting the Non -Residential and Heavy Industrial multiplier. MOTION CARRIED UNANIMOUSLY. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 M. Cheney: Request to Present re: Universal Basic Income (Recommendation: Receive for Information) Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the correspondence from M. Cheney: Request to Present re: Universal Basic Income be received for information. MOTION CARRIED. 15.2 Saint John Board of Police Commissioners: Election of Officers 2023 (Recommendation: Receive for Information) Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that the correspondence from the Saint John Board of Police Commissioners: Election of Officers 2023 be received for information. MOTION CARRIED. 16. Supplemental Agenda Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the Procedural By -Law rules be suspended to allow the addition of an additional item to the agenda. C.1 COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 MOTION CARRIED. 16.1 Big Brothers Big Sisters Event Celebrate Mentoring Luncheon Moved by Councillor Harris, seconded by Councillor Sullivan: RESOLVED that the City Clerk be directed to purchase tickets to interested members of Council wishing to attend the Celebrate Mentoring Luncheon on Thursday January 26tn 2023 at the Delta. MOTION CARRIED. 17. Committee of the Whole MOTION CARRIED. 17.1 Rehabitat Inc. Boar's Head Road Development — Option Extension Moved By Deputy Mayor MacKenzie, seconded by Councillor Radwan: RESOLVED that the City enter into the Amended and Restated Option Agreement in the form as presented to Committee of the Whole at its meeting held January 23, 2023, with Rehabitat Inc. to extend the term of the original Option Agreement to March 31, 2023, and that the Mayor and Clerk be authorized to execute the Amended and Restated Option Agreement and any other documents ancillary thereto, or necessary to complete the transaction. MOTION CARRIED. 17.2 Development Proposal from John Howard Society on Troop Street Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the City grant an Option Agreement, in the form as generally presented to Committee of the Whole at its meeting held January 23, 2023, to the John Howard Society of New Brunswick Fundy Region Inc. over City -owned lands on Troop Street, identified as PIDs 55055230 and 00424238, and that the Mayor and City Clerk be authorized to execute the Option Agreement and any other documents ancillary thereto, or necessary to effect the transaction. MOTION CARRIED. 17.3 Information Technology Purchase Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the City enter into a Software License Agreement with Zoho Corporation in the form as generally presented to Committee of the Whole at its meeting held January 23, 2023; and that the Mayor and City Clerk be authorized to execute the said Software License Agreement and any documents ancillary thereto. MOTION CARRIED. 17.4 Rapid Housing Initiative — Due Diligence r� COMMON COUNCIL / CONSEIL COMMUNAL January 23, 2023 / le 23 janvier 2023 Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole having met on January 23, 2023, Council allocate up to an additional $40,000 from the Growth Reserve to support the City's application for affordable housing to the CMHC Rapid Housing Initiative. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the meeting of Common Council held on January 9, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 6:48 p.m. E:3 f{F j err J. COMMON COUNCIL REPORT M&C No. 2023-25 Report Date January 30, 2023 Meeting Date February 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Staff Appointment under the Saint John Building By-law AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Amy Poffenroth Jacqueline Hamilton J. Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing the Deputy Building Inspector under the Saint John Building By-law, By- law Number BC-1. EXECUTIVE SUMMARY As a result of staff changes in the Growth and Community Services Department, it is necessary to approve the attached resolution, appointing the Deputy Building Inspector under the Saint John Building By-law. PREVIOUS RESOLUTION N/A REPORT As a result of staff changes in the Permitting and Development service area of the Growth and Community Services Department, updated designations for the administration and enforcement of the Saint John Building By-law, By-law Number BC-1 are required at this time. More particularly, Christopher McKiel is being appointed as the Deputy Building Inspector and previous appointments are being rescinded. STRATEGIC ALIGNMENT This report aligns with Council's "Growth", "Belong" and "Perform" Priorities. -2- SERVICEAND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has drafted the attached resolution. ATTACHMENTS Resolution iN COMMON COUNCIL / CONSEIL COMMUNAL February 6, 2023 / le 6 fevrier 2023 RESOLVED, that as recommended by the Chief Administrative Officer, the following resolution be adopted: WHEREAS the Common Council of The City of Saint John has enacted a by-law pursuant to the authority of the Building Code Administration Act, S.N.B. 2020, c. 8, and amendments thereto, (the "Building Code Administration Act"), namely the Building By- law, By-law Number BC-1 and amendments thereto (the "Building By-law"), and it is necessary to appoint building inspectors, acting building inspectors, deputy building inspectors and city inspectors for the administration and enforcement of this By-law; NOW THEREFORE BE IT RESOLVED, that Christopher McKiel's appointment as acting deputy building Inspector is hereby rescinded; AND BE IT FURTHER RESOLVED, that Pamela Bentley's appointment of deputy building inspector is hereby rescinded; AND BE IT FURTHER RESOLVED, that Christopher McKiel is hereby appointed as deputy building inspector, effective immediately, and this appointment shall continue until he ceases to be an employee of the Growth and Community Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 11 PLANNING ADVISORY COMMITTEE January 18, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed LPP Release 0 Boyaner Crescent The Committee considered the attached report at its January 17, 2023 meeting. The City of Saint John Andrew Toole, of Don -More Surveys and Engineering, appeared before the Committee on behalf of the purchaser and expressed agreement with the staff recommendation. In response to a question from the Committee, Mr. Toole noted that except for a drainage swale access through the site will not be restricted. Mr. Curtis Langille of the City of Saint John's Real Estate Service Area appeared before the Committee and expressed support for the recommendation. No other persons appeared before the Committee and no letters were received regarding the proposal. RECOMMENDATION: That the Planning Advisory Committee concur with Common Council regarding the sale of a City owned parcel, previously vested to the City as Land for Public Purposes (LPP), located at 0 Boyaner Crescent, also identified as PID Number 55193593. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 1 of 2 12 Dunnett's Landscaping Boyaner Crescent January 18, 2023 Page 2 of 2 13 The City of Saint Jahn Date: January 12, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 17, 2023 SUBJECT Applicant: Dunnett's Landscaping Landowner: City of Saint John Location: 0 Boyaner Crescent PID: 55193593 Plan Designation: Stable Residential Zoning: Two -Unit Residential (R2) Application Type: Land for Public Purposes Release Jurisdiction: The Community Planning Act requires the consent of the Planning Advisory Committee when considering the divesting of Land for Public Purposes. EXECUTIVE SUMMARY The applicant is seeking to purchase a property that was vested as Land for Public Purposes (LPP) in 2008 as part of the Hartland Estates Subdivision. The parcel is located off of Boyaner Crescent, with 3.65 metres of public street access between civic addresses 182 and 190. Due to its topography, location and limited access, the parcel has remained undeveloped since it was acquired by the City in 2008. The Applicant proposes to construct drainage paths over PID 55193593 for the purposes of directing potential surface water run-off away from Dunnett Drive and Boyaner Crescent properties. Page 1 of 3 14 Dunnett's Landscaping 0 Boyaner Crescent January 3, 2023 Staff recommends that the Planning Advisory Committee consent to the divesting of this LPP. RECOMMENDATION That the Planning Advisory Committee consent to the divesting of Land for Public Purposes regarding the sale of a City owned parcel, previously vested to the City as Land for Public Purposes, located at 0 Boyaner Crescent, also identified as PID 55193593. DECISION HISTORY The subject property at 0 Boyaner Crescent, also known as PID 55193593, was vested as Land for Public Purposes (LPP) in 2008 as part of the Hartland Estates Subdivision. ANALYSIS Proposal The applicant has approached the City seeking to purchase the property at 0 Boyaner Drive. The applicant intends to use the property for directing potential surface water run-off from adjacent development. The property is zoned two -unit residential (RM) but due to the limited frontage of 3.65 metres onto a public street, it limits its development potential. Site and Neighbourhood The subject property is located near Heather Way. It is located on Boyaner Crescent with a 3.65 metre access from the public street and adjacent to property off of the unfinished Dunnett Drive. The property is entirely forested and contains a small creek. The area to the south is vacant land including the undeveloped Dunnett Drive. The site is zoned Two -Unit Residential (R2) with adjacent lands on Boyaner Crescent zoned Two -Unit Residential (R2). To the south, the undeveloped land surrounding Dunnett Drive is zoned Mid -Rise Residential (RM) and the adjacent property to the East is zoned Future Development (FD). 0 Boyaner Crescent does not require a rezoning in order to facilitate the use of the property for storm water management, as the proposed use is allowed in any zone. Municipal Plan The Municipal Plan (Plan) recognizes that parks and community facilities contribute to advancing the environmental, social, and financial pillars of sustainability, which are all critical building blocks of complete communities. At the same time, the Plan recognizes that the City currently has more of some types of facilities and parks than a city of its size can efficiently support. Therefore, one of the Plan's community facility goals is to prioritize and right -size local parks, recreation, and community facilities through the development of a parks and recreation strategic plan in order to pursue more strategic investment with respect to community facilities in serving the needs of the community. The City of Saint John Parks and Recreation Strategic Plan (Strategic Plan) was adopted in 2013. Based on industry standards and community demographics, the Strategic Plan determined that there was a 210 percent oversupply of parkland (1,191 hectares existing versus 567 hectares required). Page 2 of 3 15 Dunnett's Landscaping 0 Boyaner Crescent January 3, 2023 The Strategic Plan promotes a strategic approach to parkland development and encourages the development of "a strategy to repurpose or divest of surplus parks" (Policy CF-6 of the Municipal Plan), prioritizing certain parks, especially those within Intensification Areas and associated with schools, and encourages the City to only accept LPP in limited circumstances. In alignment with this Strategic Plan, Real Estate Services has identified the land as surplus and is facilitating the proposed sale of the land to the applicant. Conclusion Staff recommend that the consent to the sale of the subject site. Real Estate Services has determined the property is surplus and the Municipal Plan and PlaySJ support the divestment of surplus parkland. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 3, 2023. APPROVALS AND CONTACT Manager Jennifer Kirchner RPP, MCIP Contact: Yeva Mattson Telephone: (506) 721-8453 Email: Yeva.Mattson@saintjohn.ca Application: 22-0257 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Page 3 of 3 16 a i. 1 i rw •.. Ito +4 a + A�`.�� lk ol lit ., m aay;eaH 3 Heather Ne d m 4 N N O N N V, .7i=-m1 ti I -1--i U N L- C) L- C:/� `v / ` MO W `v n Q .0 .C: I L `0. i d�,ei �e E 0 T co r E U N � � N N O N N J fB LL I I N N O N N s 1 t. � 4 L� a Heatherl?Neaatrer 3 o aay;eaH c Heather Ne m .lay;eaH o CL d� -J T -ti Ne 40 i A LC T O � 0 L Z o ^F`` W W L O LL rn J N O) S= � (B i_ � ' o (B i_ 70 N O O N N N O N N 7 =i1 �w x COMMON COUNCIL REPORT M&C No. 2023-30 Report Date January 30, 2023 Meeting Date February 06, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Retention of external consultant for Rapid Housing Initiative application financial due diligence AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Craig Lavigne/Jodie Forgie Kevin Fudge Brent McGovern RECOMMENDATION That the City enter into the Engagement Letter attached to M&C 2023-30 with Grant Thornton LLP for the purpose of having consultant support on the Rapid Housing Initiative application and that the Mayor and Clerk be authorized to sign the said Engagement Letter and any other documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is to seek approval of the engagement letter provided by Grant Thornton LLP to provide financial risk advisory services for rapid housing initiatives as a part of Affordable Housing Action Plan adopted by the Common Council on October 03, 2022. Grant Thornton LLP will assist the City with the due diligence on project viability, costing and affordability of units for the project to mitigate any unforeseen risks. Total estimated professional fees capped at $18,458 including administration fees and taxes. PREVIOUS RESOLUTION January 23, 2023 - That Common Council allocate up to an additional $40,000 from the Growth Reserve to support the City's application for affordable housing to the CMHC Rapid Housing Initiative. December 06, 2022 - That $25,000 be allocated from the Affordable Action Housing Reserve to support the hiring of a consultant to prepare the City's application. WA -2- REPORT On October 03, 2022, Common Council adopted the Affordable Housing Action Plan. On December 06, 2022, Council directed staff to prepare an application for CMHC's Rapid Housing Initiative (RHI) Grant in partnership with the City's non-profit development community. The City has received expressions of interest for several distinct high quality affordable housing projects with significant number of affordable units between them. The City has retained the services of SHS Consulting, to help with the evaluation of the projects and to prepare the City's application to CMHC. Due to the rapid timelines of the RHI, various departments including the General Counsel's office, Finance, and Growth and Community Services have limited capacity to properly evaluate projects and mitigate risk to the City without significantly impacting the 2023 Workplan. In order to mitigate risk to the City as intermediary in the process and ensure the projects are viable, within project cost, and affordability of units would remain in place, the City needs to conduct additional financial and legal due diligence throughout the RHI process to ensure that the projects are truly viable, the proponent has the means and expertise to complete the projects, there is a long term plan for operation of the units, and the risk to the City and ultimately taxpayers is mitigated as far as possible. In order to meet the CMHC's deadline, to reduce City's risk in the RHI process and evaluate each project application, Staff is recommending that Council approve the engagement letter provided by Grant Thornton LLP to provide financial risk advisory services to the City. STRATEGIC ALIGNMENT This report aligns with being fiscally responsible and reducing risks associated with the process to the City with the help of external professional services due to shorter project timelines. SERVICEAND FINANCIAL OUTCOMES Total professional fees have been capped at $18,458 including administration fees and taxes for the professional services provided to the City during RHI process. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services, Finance, General Counsel's Office and the office of the Chief Administrative Officer have been involved in the City's RHI submission. ATTACHMENTS Engagement letter provided by Grant Thornton LLP dated January 24, 2023 for providing financial risk advisory services to the City. W aGrantThornton February 1, 2023 City of Saint John Kevin Fudge Chief Financial Officer 15 Market Square Saint John, NB E2L 41_1 Dear Mr. Fudge, Grant Thornton LLP 1 Germain st, Suite 1100 Saint John, NB E2L 4V1 T +1 506 634 2900 This letter (the "Engagement") sets out the terms on which Grant Thornton LLP ("Grant Thornton", "we", "us" or "our") has been retained by the City of Saint John, affiliates, and subsidiaries (the "City", the "Client", "you" or "your") to render services in connection with financial risk advisory services. The services to be carried out by Grant Thornton pursuant to this Engagement are herein referred to as the "Services". 1 Scope of services 1.1 The Services provided under this Engagement will be as follows: (a) confirm the objectives of the project with the Growth team and the Finance team, which at a high level consist of: i. support the City in establishing financial evaluation criteria alongside current housing development consultant; ii. support the City in evaluating the proposals solicited (approximately 6 applicants); iii. support the City in establishing Bid Security Requirements; iv. support the City in providingfinancial input in the third party agreements; (b) attend meetings and calls to identify potential financial risks and associated mitigation opportunities; (c) assist with the due diligence of the proposals received to review the applicants for financial risks; and, (d) coordinate with external legal counsel regarding preparation and review of the definitive legal documentations. 1.2 The duties and responsibilities of Grant Thornton under this Engagement shall be limited to those Services expressly set out herein but shall not include Grant Thornton providing tax, legal, regulatory, accountancy, or other specialist or technical advice or services other than as otherwise expressly set out above. The Services provided by Grant Thornton hereunder shall be delivered in accordance with and subject to all regulatory requirements as may be applicable. Audit • Tax • Advisory 24 Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. 0 GrantThornton 2 2 Fees 2.1 Time Costs: GTLLP will invoice the City monthly and the City shall pay fees determined on the basis of time spent on this Engagement. 2.2 Our fees are based on the amount of actual professional time expended on the assignment, plus out-of-pocket disbursements, if any (at cost) and applicable HST. In addition, we will bill an administration fee of seven (7) percent of professional fees, to cover items such as copies, postage, supplies, computer and technology usage, software licensing, research and library databases, and similar expense items. 2.3 Based upon review of the documents and information provided to us to date and our knowledge as to the City's project, we estimate our fee for professional time to be capped at $15,000, plus administration fees and taxes. 2.4 If we encounter any unusual circumstances that would require us to expand the scope of the Engagement or encounter difficulties that would interfere with our progress, we will discuss this with you before significant additional fees are incurred. 3 Timetable 3.1 We are prepared to commence our work as soon as we are in possession of a signed engagement letter. 3.2 Our performance of the Services is dependent upon you providing us with accurate and timely information and assistance, as we may reasonably require from time to time. You shall use reasonable skill, care, and attention to ensure that all information we may reasonably require is provided on a timely basis and is accurate and complete. 3.3 You shall also notify us if you subsequently learn that the information provided is incorrect or inaccurate or otherwise should not be relied upon. The inability to disclose to us or supply us with the agreed upon information in a useable form within a suitable timeframe may extend our completion time. 4 Termination 4.1 Grant Thornton or the Client may terminate this Engagement at any time in accordance with the termination provisions set forth in the Terms and Conditions, provided that: a the Client shall immediately pay or cause to be paid to Grant Thornton all fees earned and expenses incurred to date, payable pursuant to the "Fees" contained in Section 2, and unpaid as of the date of termination; and b the provisions of this "Termination" section shall remain in force regardless of any such termination. 5 Representations, warranties and covenants 25 Audit • Tax • Advisory Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. GrantThornton 5.1 The Client represents, warrants, and covenants to Grant Thornton that all information provided by the Client will be accurate and complete in all material respects and not misleading and will not omit any material facts or information. 6 Release and indemnification 6.1 You agree to release, indemnify and hold harmless Grant Thornton, its affiliates and their respective directors, officers, partners, principals, employees, contractors and representatives from any and all claims, liabilities, costs and expenses arising out of or based upon: (a) any misstatement or omission in any material information or representation supplied or approved by you or your respective employees, representatives, contractors or advisors, or (b) any other matter related to or arising out of the Engagement, except to the extent finally determined to have resulted from our gross negligence, wilful misconduct or fraudulent behaviour. 7 Limitation of liability The City agrees: 7.1 to indemnify, defend and hold GTLLP harmless against any and all losses, claims, damages or liabilities to which GTLLP becomes subject arising in any manner out of or in connection with this Engagement, unless it is finally judicially determined that such losses, claims, damages or liabilities resulted directly from the gross negligence, wilful misconduct or fraudulent acts of GTLLP; 7.2 that in no event shall the total liability of GTLLP under this Engagement, no matter the nature of the claim or action, be it negligence, breach of contract, breach of warranty, strict liability, misrepresentation, tort or any other legal theory, exceed the amount of fees actually received by GTLLP; 7.3 GTLLP agrees to indemnify, defend and hold the City harmless from and against any and all claims, liabilities, costs and expenses arising out of or based upon the Services provided by GTLLP under this Engagement to the extent such claims, liabilities, costs and expenses are finally determined to have resulted from the gross negligence, wilful misconduct or fraudulent acts of GTLLP; 7.4 In any action, claim, loss or damage arising out of the Engagement, you agree that GTLLP's liability will be several, and not joint and several and you may only claim payment for GTLLP of GTLLP's proportionate share of the total liability based on degree of fault as finally determined. Any action against us must be commenced on or before the date which is the earlier of i) eighteen months from the completion of the Services; and ii) the date by which an action must be commenced under any applicable legislation other than limitation legislation. 26 Audit • Tax • Advisory Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. 0, GrantThornton 8 Standard terms and conditions 8.1 The Terms and Conditions, attached hereto as Schedule "A", form part of and are hereby incorporated by reference into this Engagement. If you are in agreement with the foregoing, please indicate your acceptance by signing and returning this letter, whereupon it shall constitute a binding agreement between you and Grant Thornton LLP. We look forward to working with you and bringing the Engagement to a successful completion. Should you have any questions or concerns about any aspect of the Engagement, please do not hesitate to contact us. For and on behalf of: Grant Thornton LLP Paul Fudge CPA (US), CPA, CF Partner, NB Practice Leader & Partner Advisory Services Accepted and agreed to as of the 24th day of January, 2023. City of Saint John By: Name: Dated: 27 Audit • Tax • Advisory Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. GrantThornton Appendix A Standard terms and conditions Except as otherwise specifically stated in the Engagement, the following general terms and conditions apply to and shall form part of the Engagement. Responsibilities — Grant Thornton shall use all reasonable efforts to complete the Services within the time -frame, if any, stipulated in the Engagement. Grant Thornton shall not be liable for failures or delays in performance of the Services that arise from causes beyond its control, including the untimely performance by the Client of the Client's obligations and responsibilities as set out in the Engagement. Information and announcements - The Client shall cause to be provided or provide Grant Thornton with all material information in its possession or control or to which it has access and such other information, as Grant Thornton deems relevant for the purposes of completing the Services contemplated by the Engagement. The Client shall also provide, where applicable, access to its directors, officers or professional advisers as required by Grant Thornton in order for it to complete the Services. The Client undertakes that if anything occurs after the supply of any such information or documents which would render same inaccurate, untrue, unfair or misleading it will promptly notify Grant Thornton and shall take all such steps as Grant Thornton may require to correct such information or documents. Independent contractor — Grant Thornton shall provide all services as an independent contractor and nothing in this Engagement shall be construed as to create a partnership, joint venture or other similar relationship with the Client or any other party. Neither the Client nor Grant Thornton shall have the right, power or authority to obligate or bind the other in any manner. Subcontracting — The Client agrees that Grant Thornton may authorize, allow or require its affiliates and contractors to assist in the performance of the Services and to share in Grant Thornton's rights under the Engagement, including any protections available hereunder, provided that such party(ies) shall commit (as applicable) to be bound by the obligations set forth in the Engagement. Non -solicitation — In addition to any further non - solicitation rights as may be defined within the Engagement, the Client agrees that it shall not solicit for employment or hire any of the partners, principals, employees or consultants of Grant Thornton or GT Affiliates who are involved in the performance of the Services during the term of the Engagement and for a period of twelve (12) months thereafter, without our express written consent. Confidentiality — Subject to any further rights of disclosure so defined within the Engagement, all information which Grant Thornton receives from the Client or the Client's directors, officers, agents, advisors or counsel in connection with the performance of the Services and which is for the time being confidential ("Confidential Information"), will be held in strict confidence, provided that Grant Thornton shall be free to, without the requirement to seek any further consent or authorization from the Client, make disclosures (a) as a result of any applicable law, court or other order binding upon it, under the laws of, or pursuant to any governmental action (including requests and orders), regulatory requirement, or professional standard obligations (including disclosure to a provincial institute of chartered accountants); (b) make disclosures of such information to any professional advisers, consultants and/or contractors, including GT Affiliates it may consult in connection with the Engagement and the performance of the Services; (c) to other GT Affiliates for the sole and express purpose of adhering to Grant Thornton International Ltd annual compliance review and (d) make disclosures with the Client's consent. Notwithstanding anything to the contrary contained within the Engagement, Grant Thornton shall not be obligated to treat as confidential, or otherwise be subject to any restrictions on use, disclosure or treatment as contained within the Engagement, any information disclosed by the Client which, (i) is rightfully known by Grant Thornton on a non -confidential basis prior to its disclosure by the Client; (ii) is independently developed by Grant Thornton without reference to or use of the Client's Confidential Information; (iii) is or later becomes publicly available without violation of the Engagement; and (iv) is lawfully obtained by Grant Thornton from another party. Grant Thornton International Ltd - Grant Thornton is a Canadian member of Grant Thornton International Ltd., a global organization of member firms in over 100 countries. Member firms are not members of one international partnership or otherwise legal partners with each other. There is no common ownership, control, governance, or agency relationship between member firms. Assisting Firms — Grant Thornton is a Canadian member of a worldwide network of individual partnership and companies, each of which is a separate and independently legal entity. Unless otherwise stipulated within the Engagement, this Engagement is with Grant Thornton. In the course of providing the Services, we may at our sole discretion, draw upon the resources of or subcontract a portion of the Services to another entity (including a partnership) which may carry on business under the name which may include within its name "Grant Thornton" or be another member firm of the worldwide network of Grant Thornton International Ltd. member firms (hereinafter "GT Affiliates"). Unless a GT Affiliate is contracted by you to provide any of the Services which are subject to this Engagement, the provision of those Services remain the responsibility of Grant Thornton and the Client agrees that it will not bring any claim, whether in contract, tort (including negligence) or otherwise against any GT Affiliate in respect of this Engagement Audit • Tax • Advisory 28 Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. 0 GrantThornton or the Services defined herein. In these circumstances, any GT Affiliate that deals with you for the purpose of completing the Services does so on behalf of Grant Thornton. The provisions of this clause have been stipulated for the benefit of GT Affiliates. GT Affiliates will have the right to rely on this clause as if they were parties to the Engagement and will have the right (subject to the discretion of the courts) to a stay in proceedings if you bring any claim against any GT Affiliates in breach of this clause. Working papers/reports — The advice or opinions of Grant Thornton, including all materials, reports, information, data, and work created, developed or performed by Grant Thornton during the course of the Engagement ("the Grant Thornton Materials") shall belong to Grant Thornton, with the exception of final tax returns (if applicable), original contracts, other documents of title held to the Client's order and any documents the return of which the Client has stipulated, on or prior to their release to Grant Thornton (the "Client Materials"). Notwithstanding the foregoing, Grant Thornton may retain a copy of any or all of the Client Materials (including Confidential Information) as required by Grant Thornton, in its sole discretion, to meet any obligations imposed by professional standards. Conflict of interest — Grant Thornton, its associated entities and GT Affiliates are involved in a wide range of financial advisory activities out of which conflicting interests or duties may arise. Within Grant Thornton, its associated entities and GT Affiliates, practices and procedures are maintained to restrict the flow of information and thereby manage or assist in managing such conflicts in a proper manner. Nothing within this Engagement will be interpreted to preclude Grant Thornton, its associated entities or GT Affiliates from engaging in any transaction or representing any other party at any time or in any capacity, provided that Grant Thornton shall not, knowingly provide services to another party under circumstances which would place Grant Thornton in a direct conflict of interest during the term of the Engagement without the Client's prior written consent. In the event Grant Thornton becomes conflicted, as determined in its discretion, Grant Thornton shall be permitted, but not obligated to, terminate this Engagement without any additional liability to the Client, upon fourteen (14) days prior written notice. Access to and disclosure of information — Grant Thornton is committed to the protection of personal information. During the course of planning, performing and reporting the result of the Services or as otherwise permitted under this Engagement, Grant Thornton, its employees, partners, contractors, consultants, and GT Affiliates may need to obtain, use and disclose Client information (including Confidential Information and personal information) in the possession of, or under the control of the Client. The Client acknowledges this potential use and/or disclosure and agrees that it is responsible for obtaining, where required under applicable law or regulation, a court order or consent from any party (including third parties) in order to permit Grant Thornton, its employees, partners, contractors, consultants, and/or GT Affiliates, to access, obtain, use and/or disclose Client information (including Confidential Information and personal information) accessed by us or provided to us by the Client or a party authorized by the Client for the purposes of completing the Services, other disclosure so defined within the Engagement or for those additional purposes as more fully explained within Grant Thornton's privacy policy, as it may be amended from time to time and available at www.grantthornton.ca. Electronic communication — Grant Thornton and the Client may need to electronically transmit confidential information to each other and to other entities engaged by either party during the Engagement. Electronic methods include, but are not limited to, telephones, cellular telephones, external hard drives, electronic mail and facsimiles. These technologies provide for a fast and convenient way to communicate. However, all forms of communications have inherent security weaknesses and the risks of compromised confidentiality cannot be eliminated. Notwithstanding the inherent risks, the Client agrees to the use of such electronic methods to transmit and receive information (including confidential information), between Grant Thornton and the Client and between Grant Thornton and outside specialists, contractors or other entities engaged by either Grant Thornton or the Client. The Client further agrees that Grant Thornton shall not be liable for any loss, damage, expense, inconvenience or harm resulting from the loss, delay, interception, corruption or alteration of any electronic communication due to any reason whatsoever. The Client also agrees that Grant Thornton professionals shall be authorized to connect their computers to the Client's IT network, subject to any specific restrictions the Client provides to Grant Thornton. Connecting to the Client's IT network or the internet via this network, while at the Client's premises, will be primarily for the purpose of conducting normal business activities, and those relating to the completion of the Services. Expenses — If applicable, the Client will reimburse Grant Thornton for all reasonable out-of-pocket expenses incurred by Grant Thornton in entering into and performing the Services, whether or not it is completed, including but not limited to, travel, telecommunications costs, fees and disbursements of other professional advisers, and other disbursements customary in engagements of this nature. Normal administrative expenses are charged on the basis of a percentage of professional costs. The administrative fee is equal to 7% of the total professional fees invoiced during the Engagement. All other out-of-pocket expenses will be charged at cost as incurred by Grant Thornton. Taxes — All fees and other charges payable to Grant Thornton do not include any applicable federal, provincial, or other goods and services tax or sales tax, or any other taxes or duties whether presently in force or imposed in the future. All sums payable to Grant Thornton hereunder shall be paid in full without withholding or deduction. Billing — All invoices issued by Grant Thornton hereunder are due within 30 days of the invoice date. Interest will be charged on all overdue accounts at a rate of 1.5% per month (18% per annum) until paid. Fees paid or payable to Grant Thornton under this Engagement are non-refundable and shall not be subject to set-off. Unless otherwise directed by Grant 29 Audit • Tax • Advisory Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. 0 GrantThornton Thornton, all fees, expenses and other sums will be billed and payable in Canadian Dollars. Termination — Either the Client or Grant Thornton may terminate the Engagement upon fourteen (14) days prior written notice to the other party. In addition to the foregoing, Grant Thornton may also terminate the Engagement in the event of a breach of any term of the Engagement by the Client which is not cured by the Client within ten (10) days of receipt of written notice as to the breach. Upon termination for any reason, the parties shall return each other's confidential information, except that Grant Thornton may retain one copy for its working papers and one copy of the Client Data may also be retained by Grant Thornton even if same may contain confidential information of the Client. In addition to its rights of termination provided herein and notwithstanding anything to the contrary in the Engagement, Grant Thornton shall also have the right upon five (5) days prior written notice to the Client to (i) suspend or terminate its Services in the event the Client fails to pay Grant Thornton any amount due to it under the terms of the Engagement; or (ii) terminate its Services in the event Grant Thornton discovers any information which Grant Thornton determines, in its sole discretion, may affect its reputation, integrity, or independence. In the event of termination, the Client agrees to compensate Grant Thornton for all time expended and costs incurred up to and including the date of termination. Severability — Each provision of this Engagement is severable and if any provision (in whole or in part) is or becomes invalid or unenforceable or contravenes any applicable regulations or laws, the remaining provisions and the remainder of the affected provision (if any) will not be affected. Assignment — No assignment shall be made by either party of their respective obligations under this Engagement without the prior written consent of the other party. Publication — Under no circumstances without the express prior written consent of Grant Thornton, shall the Client disclose, release, use, make reference to, or quote Grant Thornton's name, logo or any Deliverable (whether written or verbal) within any press release, press conference, website update, media release or any other form of public disclosure ("Disclosure Document") other than for litigation purposes, but only to the extent and in the manner that such use is contemplated by the Engagement. In the event the Client wishes to seek Grant Thornton's consent as required by the Engagement, the Client shall provide to Grant Thornton a copy of such Disclosure Document for prior approval, which approval may be unreasonably withheld. Client representations, warranties and covenants - The Client represents, warrants and covenants to Grant Thornton that: a. the execution, delivery and performance of the Engagement has been duly authorized and does not conflict with or violate any contractual, statutory, common law, legal, regulatory or other obligation by which the Client is bound; and b. the Engagement is the legal, valid and binding obligation of Client, enforceable in accordance with its terms. Grant Thornton representations, warranties and covenants Grant Thornton represents, warrant and covenants to the Client that Grant Thornton will provide the Services described within the Engagement in a professional and competent manner. Grant Thornton makes no other representation or warranties and explicitly disclaims all other warranties and representations whether expressed or implied by law, usage of trade, course of dealing or otherwise. Surviving provisions — The Client's obligations in respect of confidentiality, payment of fees and expenses, limitation of liability and Release and Indemnification as outlined within the Engagement and these terms and conditions shall survive termination of the Engagement. Governing law and forum — The Engagement, including these terms and conditions shall be governed by and construed in accordance with the laws of the Province in which the Engagement was signed by Grant Thornton. Other matters — The failure of either party to insist on strict performance of the Engagement, or to exercise any option herein, shall not act as a waiver of any right, promise or option, but the same shall be in full force and effect. No waiver of any term or provision or of any breach or default shall be valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any other term or provision or any subsequent breach or default of the same or similar nature. Complete agreement - This Engagement, including these terms and conditions and any schedules, sets forth the entire understanding of the parties relating to the subject matter hereof and supersedes and cancels any prior communications, understandings, and agreements between the parties. This Engagement may not be amended or modified except in writing between the parties and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 30 Audit • Tax • Advisory Grant Thornton LLP. A Canadian Member of Grant Thornton International Ltd. COMMON COUNCIL REPORT M&C No. 2023-26 Report Date January 30, 2023 Meeting Date February 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Environmental Trust Fund Letter of Offer, Re: Step 2 GUDI Assessment for South Bay Wellfield- 3 wells OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Pierre LeBlanc Ian Fagan / Kendall J. Brent McGovern Mason RECOMMENDATION RESOLVED that the City enter into an Environmental Trust Fund Letter of Offer with the Department of Environment and Local Government for the project titled "Step 2 GUDI Assessment" in the form attached to M&C No. 2023-26; and that the Mayor and City Clerk be authorized to execute said Offer and any documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is to recommend that the Mayor and City Clerk be authorized to sign the attached Environmental Trust Fund Letter of Offer for the Step 2 GUDI Assessment for South Bay Wellfield - 3 wells. PREVIOUS RESOLUTIONS November 14, 2022: M&C 2022-340 — 2023 Utility Fund Operating Budget, approved. February 07, 2022: M&C 2022-037 — Environmental Trust Fund Letter of Offer, Re: GUDI Assessment for South Bay Wellfield- 3 wells. 31 -2- REPORT The City of Saint John operates 3 production wells as part of the South Bay Wellfield. Water quality from all three production wells are regularly tested and this water quality data is submitted to the New Brunswick Department of Environment and Local Government ("NBDELG"), as per the requirements of the Potable Water Regulation under the Clean Water Act. Groundwater under the direct influence ("GUDI") of surface water refers to groundwater sources where conditions are such that microbial pathogens can travel from nearby surface water to the groundwater source. The NBDELG has developed a protocol to determine whether a groundwater source is GUDI, defined as: " ....... any water beneath the surface of the ground with: • Direct hydraulic connection to the surface or surface water by way of local geology and well construction; or • Significant and relatively rapid shifts in water characteristic such as temperature, turbidity, conductivity, pH, and other parameters which closely correlate with climate or nearby surface waters; or • Significant occurrence of insects or other macro -organisms, algae, organic debris, or micro-organisms including large -diameter pathogens such as Giardia lamblia or Cryptosporidium". The objective of the groundwater source screening is to identify obvious non-GUDI or GUDI wells, and potentially GUDI wells that may require further assessment in the future. This screening includes an on -site inspection to evaluate the physical condition of the source and the source setting (location, land use, etc.), along with a review of available information such as well construction details, well logs, water chemistry and related reports. An analysis completed in 2015 provided a favorable conclusion that the 3 production wells included in the South Bay Well Field are considered non-GUDI. The NBDELG indicated that typically approximately 5 years' worth of data is ideal for GUDI assessment, and the re -assessment would now be beneficial as more operational data is now available. This funding from the Environmental Trust Fund would allow Saint John Water to complete the next step of the investigation that was started in 2022. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for PERFORM and GREEN as it demonstrates environmental stewardship and leadership by protecting our natural environment while also being Financially Responsible by securing 75% funding from other sources. WA -3- SERVICEAND FINANCIAL OUTCOMES The $9,150 funding allocated through the Environmental Trust Fund is estimated to cover 75% of the cost of the Step 2 GUDI Assessment for South Bay Wellfield with the remaining balance being included in the Saint John Water 2023 operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has reviewed the Environmental Trust Fund Letter of Offer and the Recommendation of this report. ATTACHMENTS Environmental Trust Fund Letter of Offer — Project Title: Step 2 GUDI Assessment BNew. Nouveau runswick C A N A D A December 20, 2022 Pierre LeBlanc City of Saint John 175 Rothesay Avenue Ave North Saint John, NB EV 2134 Subject: Environmental Trust Fund Letter of Offer Project Title: Step 2 GUDI Assessment Project No.: 220384 Recipient: City of Saint John Award Amount: $ 9,150 (75% of eligible expenses) I am pleased to extend this letter of offer to you for the above -mentioned project. The goals of this project are consistent with the Environmental Trust Fund (ETF) Priority Areas and as such will contribute to important environmental objectives. Designated staff within the Department of Environment and Local Government (ELG) will be following the project to ensure that the proposed project outcomes are achieved. With respect to your application to the Environmental Trust Fund (ETF), an offer of financial assistance is hereby authorized by the Department of Environment and Local Government, hereafter referred to as the "Department" for the project herein contained subject to the following conditions. For the purposes of this project, the project expenses and criteria are as follows: Eligible Project Expenses and Criteria: • that the work be carried in accordance with the document called "Groundwater Under the Direct Influence of Surface Water (GUDI) Screening" • maximum reimbursement for each well is 75% of eligible expense, up to a maximum of $9,150 • must work closely with Department staff - Mallory Gilliss Environincirtand Local GovemmentlEnvironnement etGouvemtmom iocaux Page 1 of 4 P.O. BoadG.P. M Fredericton New BrunewieldNouveau4bunowick E38 5ll4 Ganadd 220384 In addition to the foregoing, this offer is subject to the following terms and conditions: 1. This offer is governed by the laws of the Province of New Brunswick. 2. No contributions shall be made by the Department from the ETF with respect to any costs incurred other than the eligible project costs. The Department may approve eligible costs other than those set out above, but no costs except those specifically approved in writing by the Department will be considered eligible project costs for the purposes of this offer. The total Environmental Trust Fund contribution to the project will not exceed the original Environmental Trust Fund award. 3. No changes shall be made in the scope, specifications and budget of the project without written consent from the Department. 4. Financial claims requesting re-imbursement for expenditures may be submitted as required. Each financial claim must be submitted using the claim portal at the following website: https://www.eigegl.gnb.ca/ETF-FFE/en/Application/Index. Copies of invoices and proof of payment, such as cancelled cheques or bank statements, must be attached in PDF format. 5. A 10% holdback of project funding will be applied until the final report, Priority Area Measures (if applicable) and all financial back-up, including proof of expenditures, have been received by the Department. Expenses incurred after March 31, 2023 will not be reimbursed. 6. The final financial claim must be received by the Department no later than March 17, 2023. 7. A final report must be provided to etf-ffe@gnb.ca by March 1, 2023. The report must include a description of the project, how it was carried out, project outcomes and Priority Area Measure(s) delivered. 8. Any written material developed and printed for public distribution that promotes responsible environmental activities that may have regulatory requirements must be reviewed by the Department prior to publication. 9. In the event of an intentional breach of any of the terms and conditions of this Letter of Offer by the Recipient, no further contributions shall be made by the Department and all previous payments shall be returned to the Department within 30 days of written notification to that effect. Page 2 of 4 W 220384 10. The New Brunswick Wordmark and the slogan "Your Environmental Trust Fund at Work" shall be displayed in a prominent location on all documents, signage and other printed media related to the project. The logo can be found at: http://www2.gnb.ca/content/-Qnb/en/departments/government services/wordmark gu idelines.html or phone: (506) 457-4947. 11. The project site shall be accessible to Departmental staff on a continuing basis. Project records shall be made available to the Department for the purposes of auditing the financial records at a time mutually agreed upon. All records must be retained for audit purposes for a period of seven years following final payment on the project. 12. The Recipient must receive prior approval for any public announcement concerning the project, from the Department of Environment and Local Government. 13. The Recipient will at all times indemnify and save harmless New Brunswick, its officers, servants, employees, or agents, from and against all actions, whether in contract, tort or otherwise, claims and demands, losses, costs, damages, suits or other proceedings by whomsoever brought or prosecuted in any manner based upon or occasioned by any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by, in connection with or arising directly or indirectly from this contract, or a project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings relate to the negligence or breach of this Agreement by an officer, servant, employee or agent of New Brunswick in the performance of his or her duties. 14. This offer is to remain open until January 20th, 2023. To indicate your acceptance, please return this Letter of Offer, signed by an authorized person to Levis Theriault, Department of Environment and Local Government, PO Box 6000, Fredericton, NB E313 51-11. It is important to note that any form of conditional acceptance of this offer renders the offer null and void. Page 3 of 4 36 220334 15. Is your organization eligible to receive an HST rebate from the Canadian Revenue Agency? Yes If yes, recoverable HST percentage: No ka Awad; /assistant Deputy Minister rtment of Environment and Local Government This offer accepted this day of Signature of Recipient Name and title of Recipient (please print) Signature of witness Name and title of witness (please print) (month) (year) Kul Page 4 of 4 D '� r r I l jl COUNCIL REPORT M&C No. 2023-031 Report Date February 01, 2023 Meeting Date February 06, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT: Contract 2022-02: Beach Crescent — Sanitary Lift Station Modifications AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer John Campbell Ian Fogan / Michael Baker J. Brent McGovern RECOMMENDATION It is recommended that Contract 2022-02: Beach Crescent — Sanitary Lift Station Modifications be awarded to the low tenderer, Fairville Construction Ltd., at negotiated tendered price of $2,762,084.30 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2022-02: Beach Crescent — Sanitary Lift Station Modifications to the low tenderer. PREVIOUS RESOLUTIONS October 21, 2019: M&C 2019-266 - Disaster Mitigation and Adaptation Funding, approved. May 4, 2020: M&C 2020-123 — Engineering Services: DMAF Sanitary Lift Station Improvements, approved. July 26, 2021: M&C 2021-221— Utility and General Fund — 2021 Capital Programs Revision III, approved. May 30, 2022: M&C 2022-191 - Utility Fund (Revision 1) and General Fund (Revision 11) — 2022 Capital Programs, approved. K1:3 -2- REPORT BACKGROUND The approved 2021 and 2022 Utility Fund Capital Programs include City Share and Other Share funding for design and reconstruction of the Beach Crescent Sanitary Lift Station above future flood level to provide for reliable collection of wastewater. 19:1►10]:1Ca113:6 10161 Tenders closed on December 13, 2022, with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $2,881,684.38 2. Terraex Inc., Saint John, NB $2,896,683.25 The Engineer's estimate for the work was $2,284,526 including HST. ANALYSIS The tenders were reviewed by Staff and all were found to be formal in all respects. Whereas the lowest compliant tender exceeded the budget, the City entered into negotiations with the low bidder in accordance with Division 2.9.02 Over -Budget Bids, to reduce the project scope and arrive at an acceptable reduction in bid price. Through negotiations Fairville Construction's bid price was reduced by $119,600.08 (including HST) which results in a revised bid price of price of $2,762,084.30 (including HST). Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their adjusted tender. FINANCIAL IMPLICATIONS The City has approved funding for this project under the 2021 and 2022 Utility Fund Capital Program budgets. The following table illustrates the approved funding within the two Capital programs. 061 -3- Capital Year Project Description Other Share Utility Share WWPS Beach Crescent: Reconstruction lift station above flood level to provide 2021 for reliable collection of wastewater, $340,000 $510,000 including design and construction management services. Phase A. Project to be partially funded under DMAF. WWPS Beach Crescent: Reconstruction lift station above flood level to provide 2022 for reliable collection of wastewater, $605,000 $1,250,000 including design and construction management services. Phase B. Project to be partially funded under DMAF. Total $945,000 $1,760,000 Assuming award of the Contract to the low tenderer at the negotiated revised bid price, an analysis was completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget Envelope $ 2,705,000.00 Project net cost $ 2,840,868.00 Variance (Shortfall) $ 135,868.00 The $135,868 shortfall will need to be funded through an existing surplus within the DMAF funding program due to a previous project being awarded under budget. To ensure the City is maximizing the available DMAF Funding (60% City Share / 40% Other Share) the updated project funding breakdown will be as follows. • City Share = $1,704,520.80 (60% of the Overall Project Net Cost) o Note: $55,479.20 of City Share is projected to be unused. • Other Share = $1,136,347.20 (40% of the Overall Project Net Cost) o The Other Share needs to increase by $191,347.20 to ensure the City is maximizing its Other Share funding. POLICY —TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications, and the specific project specifications. STRATEGICALIGNMENT This report aligns with the City's Priorities of GROW by investing in key infrastructure upgrades and PERFORM by adhering to plans, policies, procedures, and best practices with respect to managing the City's infrastructure assets. SERVICEAND FINANCIAL OUTCOMES The reconstruction of the Beach Crescent Sanitary Lift Station will ensure that rising water levels, as a result of climate change, will not damage nor negatively impact the future operation of this asset. There is a sufficient surplus of DMAF funding (Other Share) available within the Agreement, due to a previous project being awarded under budget, therefore increasing the Other Share funding by $191,347.20 should be followed in order to maximize the available Other Share funding available to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The tendering process for this project was completed in accordance with the City's Procurement Policy and Supply Chain Management supports the recommendation being put forth. Finance also reviewed the report to ensure the DMAF Funding requirements were adhered too and the adjustment of funding for this project adhered to Capital budget policy. ATTACHMENTS N/A !II COUNCIL REPORT M&C No. 2023 - 029 Report Date February 1, 2023 Meeting Date February 6, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Rogers Amendment for SIM LTE-M for Saint John Water OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Hugh Kwak Stephanie Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the City enter into an Amendment to Master Enterprise Customer Agreement with Rogers Communications Canada Inc. in the form attached to M&C No. 2023-029; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. EXECUTIVE SUMMARY Saint John Water is planning to test a new cellular connection technology called LTE-M to monitor flow meters at remote locations. This Amendment will allow Saint John Water to issue LTE-M SIM cards to enable a new cellular connection for monitoring flow meters at several remote locations. In the event of a successful pilot, Saint John Water will extend this technology to other remote locations to use cost- effective connections as needed. PREVIOUS RESOLUTIONS At the meeting of October 13, 2020, Common Council resolved: That as recommended by the City Manager in the submitted report M&C 2020-227: Mobility Service Provider — Contract Award, Common Council approve the following : 1. That the City enter into a three (3) year term Enterprise Agreement with Rogers Communications Canada Inc. for the provision of mobility services, which includes voice and data :1 PA, 2 services, and the supply of related mobile devices such as phones, tablets, modems, and Push -to -talk (PTT) devices (as submitted), and 2. That the Mayor and Common Clerk be authorized to execute the submitted Enterprise Agreement. REPORT Saint John Water is planning to pilot the first cellular Wireless Telemetry device to monitor flows at remote locations where traditional communication methods are not cost effective to install and maintain. To use this technology a SIM LTE-M card is required to access the cellular network. SIM LTE-M is designed for Machine -to -Machine communication to transmit and receive larger amounts of data on flow monitoring devices, while conserving battery/power in these devices. Saint John Water's pilot site will be on flow meters on Hickey Road, downstream of the east water treatment plant providing a verification of volume of water treated. STRATEGIC ALIGNMENT As outlined in Council Priorities under Perform, the City is looking for strategic approaches to improve performance. Changing the connection method to monitor flow meters increases efficiency in the performance of system stability and ensures a cost-effective solution for the City. SERVICEAND FINANCIAL OUTCOMES The initial cost of a SIM LTE-M card is $0.50 plus HST. Operating costs are $2.35-$5.25 plus HST per month for a data plan depending on usage. Installing a traditional communication method has a cost of over $20,000 per site. With a successful pilot, there is a significant one-time cost saving to implement a traditional communication method with minimal operating costs. The budget for this pilot is allocated in the approved 2023 Saint John Water operational budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has reviewed the Amendment to Master Enterprise Customer Agreement and the recommendation of this report. The Saint John Water service area has reviewed this report and agrees to its contents. ATTACHMENTS Amendment to Master Enterprise Customer Agreement DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 r•� AMENDMENT ROGERS, CUSTOMER � MASTER ENTERPRISE CUSTOMER AGREEMENT 1. This Amendment dated as of January 13, 2023 between Rogers Communications Canada Inc. ("Rogers") and City of Saint John (the "Customer") forms part of the Master Enterprise Customer Agreement entered into between the Customer and Rogers on or about October 21, 2020 as may have been previously amended (the "Agreement'), pursuant to which the parties agreed to the terms and conditions under which Rogers would provide certain Services to the Customer. 2. To the extent that the terms of the Agreement are in conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall govern. Where applicable, the defined terms in the Agreement shall have the same meaning in this Amendment. 3. By this Amendment, the Schedule(s) and Product Quotation attached hereto are hereby incorporated into the Agreement. 4. This Amendment amends the Agreement as stated above, which Agreement otherwise continues in full force and effect in all respects. The following individual is hereby identified by the Customer as the primary Customer contact for the purposes of authorizing activity or changes on the Customer's account: Business Authorized User Name Stacey Brown Business Authorized User Email I stacey. brown @sai ntjoh n. ca The parties hereto have caused this Amendment to be executed by their duly authorized representatives. City of Saint John Rogers Communications Canada Inc. Per: Name: Title: Signature Date: City of Saint John Per: Name: Title: Signature Date: DocuSigned by: Per: �"rray �avtnis�C, 21 cs29oocceo4ee Name: Troy Harnish Title: Director of sales Signature Date: 1/31/2023 Rogers Communications Canada Inc. DocuSigned by: Per: [AUYit--Kt, fia�s 24- Name: Marie-7osee Tougas Title: Manager, Deals & contract Management Signature Date: 2/1/2023 Agreement #: 00573472.0 Page 1 of 12 Version: V:20221111 © 2022 Rogers Communications !EI DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 Schedule Rogers Control Centre Services This Schedule sets out provisions with respect to the Customer's subscription to the Services described herein as provided by Rogers Communications Canada Inc. ("Rogers"), details of which are stipulated in the Product Quotation. This Schedule is an attachment to and forms an integral part of the Customer's Master Enterprise Customer Agreement (the "Agreement") with Rogers. The Customer agrees to be bound by the terms and conditions set out in the Agreement, which include without limitation this attachment and any other attachments to the Agreement. 1. Definitions. The following definitions are used in this Schedule. Other terms capitalized terms used herein and not defined below have the meanings set out in the Agreement. 1.1. "Account" — means an instance associated with a unique account ID. 1.2. "Advantage" — means one of the service tiers of the Rogers Control Centre Services covered by the features outlined in this Schedule. 1.3. "APN" — means access point name, a non -mobile host terminal that supports or provides access to data and applications. Generally, the APN will be configured on the Rogers Facilities and the Jasper network connecting to the Rogers Control Centre. An APN: (i) allows for the dynamic assignment of IP addresses to Equipment during active sessions; and (ii) adds routing table entries to allow these specific ranges of IP addresses to access host IP addresses connected to the Rogers Control Centre via a virtual private network (VPN) connection. 1 A. "Billable SIMs" — A device is considered billable when it is in an Activated SIM state for some portion of the billing cycle. Rogers Control Centre will also bill for a non -Activated device if that device is fulfilling a commitment. SIM states are described in the User Guide. 1.5. "Committed Number of SIMs" — means the minimum number of active SIMs which Customer is committing to per billing cycle for the stated Service Term. 1.6. "Device" — means wirelessly-enabled IoT equipment that is authorized by Rogers for use on the Rogers Wireless Network. A Device does not include a smartphone or unrestricted tablet. 1.7. "Essential" — means one of the service tiers of the Rogers Control Centre Services covered by the features outlined in this Schedule. 1.8. "IoT" — means internet of things 1.9. "Minimum Revenue Commitment" — means the monthly amount that Customer commits to be charged by Rogers, regardless of the number of SIMs activated for the Services. 1.10. "Rogers Control Centre" — means the web -based tool offered as a service described in the User Guide. 1.11. "Service Tier" — means the Essential or Advantage tier of the Rogers Control Centre Services. 1.12. "SIM Status" — means the state into which a SIM is placed using the Rogers Control Centre self -serve features or automation rules. SIM status determines the ability to establish data connectivity on the network and affects whether the device is billable. 1.13. "Technologies" — means the current technologies used by Rogers to provide the Services such as 3G, 4G, LTE, LTE-M, NB-IoT, 5G NSA as well as any technology Rogers may use in the future. 1.14. "Third Party Facilities and/or Services" — means facilities and/or services made available to Rogers and/or Customer from a third party vendor appointed by Rogers to enable Rogers to provide the Services to Customer hereunder and include the Rogers Control Centre. 1.15. "User Guide" means the user guide (posted on the Rogers Control Centre "Help" tab "Downloads" section), as such user guide may be modified from time to time and provided to Customer upon request. Agreement #: 00573472.0 Page 2 of 12 Version: V:20221111 O 2022 Rogers Communications :111 DocuSign Envelope ID: FACDE30E-94FD-4966-AFBO-A930090347A8 2. Description. This Schedule pertains specifically to IoT connectivity services provided through the Control Centre Platform supplied by Rogers to the Customer (the "Rogers Control Centre Services"). The Rogers Control Centre Services are provided over the Rogers Wireless Network and Rogers' roaming partners, when applicable. 3. Terms and Conditions. 3.1. End Users. This Schedule applies to all End Users who have access to the Rogers Control Centre platform and services associated thereto. Customer is responsible for all user activity in connection with the Rogers Control Centre Services or Customer's account. 3.2. Coverage. Rogers' network coverage and Technologies used by Rogers can be found here: https://www.rogers.com/consumer/wireless/network-coverage. The coverage map accessible via the above -mentioned link is a general representation of Rogers' wireless coverage where indicated. The areas shown are approximate. Actual coverage area may vary from map graphics. Coverage may be enlarged or reduced in scope from time to time by Rogers in its sole discretion. Charges are based on the location of the site receiving and transmitting the signal, not the location of the subscriber. Customer acknowledges that Rogers may, in its discretion and without notice to Customer, from time to time, make changes in any aspect of Rogers' wireless network, provided however that if the change pertains to the decommissioning of any Technology, Rogers will provide Customer with a prior written notice of at least twelve (12) months prior to the effective date on which Rogers will decommission such Technology. 3.3. Approved Use. The Rogers Control Centre Services SIMs may only be used for IoT use cases purposes and any other uses, including for cellular phones or tablets, are strictly prohibited. 3.4. Price Plans & Platform Fees. The Rogers Control Centre Services are sold in a variety of price plans and platform service tiers. The price plan(s) purchased by the Customer and the associated platform fees are set out in the Product Quotation. 3.5. Device Certification. All Customer devices must be tested and approved by Rogers Engineering. Devices are only considered for testing once all regulatory approvals including PTCRB and Industry Canada (IC) has been obtained. Radio modules/ modems embedded or used in any device must also be PTCRB and IC approved and tested and approved by Rogers. For custom devices not already approved by Rogers, an additional charge may be applicable and will quoted in a Product Quotation. 3.6. Pricing Eligibility. Customer may only change from one Rogers Control Centre Services price plan to another price plan on the same Service Tier. Following a price plan change, the Rogers Control Centre Services pricing will take effect on the next billing cycle on the Essential Service Tier and within the same billing cycle on the Advantage Service Tier. Where the Rogers Control Centre Services pricing set out on the Product Quotation includes pricing elements that must be customized on Rogers' billing system prior to the Customer's IoT SIMs being able to migrate or activate on such customized pricing, the Service Effective Date for the Rogers Control Centre Services shall be the date on which Rogers notifies the Customer that such customized pricing is available. Unless otherwise set out in the Product Quotation, the Customer will not be eligible for any retroactive credit representing the difference between the Customer's previous pricing for their IoT services and the new Control Centre Services pricing. 3.7. Committed Number of SIMs. Where a Committed Number of SIMs is set out in the Product Quotation for the Rogers Control Centre Services, and timeframe is not specified in the Product Quotation, the Customer has ninety (90) days from the date the pricing set out in the Product Quotation is available to be loaded on the Customer's IoT SIMs (the "Commitment Date") to activate the Committed Number of SIMs. If the Committed Number of SIMs is not met by the Commitment Date, Rogers will automatically bill the difference between the Billable SIMs and the Committed Number of SIMs at the default price plan rate. If i) the Committed Number of SIMs is not met by the Commitment Date, or ii) the activated number of IoT SIMs falls below the Committed Number of SIMs at any time after the Commitment Date; then the pricing set forth in the Product Quotation shall be subject to change at Rogers' sole discretion. Agreement* 00573472.0 Version: V:20221111 Page 3 of 12 © 2022 Rogers Communications DocuSign Envelope ID: FACDE30E-94FD-49B6-AFRO-A930090347A8 3.8. Minimum Revenue Commitment. Where a Minimum Revenue Commitment is set out in the Product Quotation, such Minimum Revenue Commitment will commence to be billed by Rogers from the first full bill cycle following the contract signature (meaning the date the Customer executes their commitment to purchase the Services provided pursuant to this Schedule). 3.9. Discount Eligibility. Where the Customer's pricing for Rogers Control Centre Services has been discounted, as reflected in the Product Quotation, such discounting is subject to the Customer attaining the Committed Number of SIMs (as set out in the Product Quotation) by the Commitment Date and maintaining the Committed Number SIMs for the duration of the Service Term for Rogers Control Centre Services. In the event the Customer does not attain or maintain the Committed Number of SIMs, Rogers reserves the right to remove any such discounting on the Customer's existing IoT SIMs and on any IoT SIMs subsequently activated by the Customer. 3.10. Ordering the Services. Rogers Control Centre Services may from time to time be ordered by the Customer for the Customer's internal use by using the self -serve features of the Rogers Control Centre platform. The Customer acknowledges and agrees that it shall be liable for all amounts owing to Rogers for IoT SIMs along with all associated fees. 3.11. Termination Fees. Should the Customer terminate the Rogers Control Centre Services for any reason other than for cause as permitted under the Agreement, or if Rogers terminates the Rogers Control Centre Services for cause as permitted under the Agreement, the Customer shall pay to Rogers, as liquidated damages and not as a penalty, an amount which is equal to the sum of: i) one hundred percent (100%) of the remaining Minimum Revenue Commitment from the effective date of termination to the end of the Service Term (plus applicable taxes); one hundred percent (100%) of the monthly charges remaining for the Committed Number of SIMs from the effective date of termination to the end of the Service Term; calculated by multiplying the default plan's monthly Service Fee by the number of Committed number of SIMs multiplied by the number of months remaining in the Service Term (plus applicable taxes); and fifty percent (50%) of the monthly charges remaining for any APN from the effective date of termination to the end of the Service Term for the APN. Such termination liability shall be payable on the effective date of any and all terminations. 3.12. Data Rounding and Rating. Actual billed rates for data usage may vary from those quoted as a result of, without limitation, rounding, minimum message length, and usage patterns. Customer agrees that, to the extent there is any dispute as to the amount of data transmitted to and from a SIM in a particular period of time, then the amount of data transmitted as calculated by Rogers' systems shall govern. 3.13. Data Pooling. For all SIMs on identical pooling plans under the same Account, the SIMs will automatically pool together giving the Customer access to draw data from the pool for a monthly fee, plus applicable overage charges. Different pooling plans cannot pool together. 3.14. Data Protocols/Transmission. Transmission Control Protocol/Internet Protocol overhead characters shall be added to all data transmissions which characters shall be included in the calculation of data usage. Compression may impact the total amount billed to Customer's account. The application may resend data packets to ensure complete delivery and Customer will be billed for these resent packets. Retransmissions by the application will be counted. The Customer will be charged for all data usage sent through the Rogers Wireless Network, including any advertisements that appear on the Customer's device(s), regardless of whether such device(s) actually receives the information or whether Customer initiated the data session. To ensure complete delivery, the Rogers Wireless Network may resend data packets. Customer will be billed for these resent packets. 3.15. SMS Protocols/Transmission. Calculation of the actual price will take into account certain criteria such as rounding, compression or minimum usage. Customer will be charged for all SMS usage sent through Rogers' Network regardless of whether the SIM actually receives the information or whether Customer initiated the SMS. To ensure complete delivery, the Rogers Network may resend SMS. Customer will be billed for these resent SMS. If an SMS has not been delivered by the Rogers Network, within the period of time specified within Rogers' defined SMS delivery schedules, it will be deleted. The fees set forth in this Schedule are set forth exclusive of taxes. Customer shall be responsible for the payment of all applicable taxes relating to such fees. Agreement #: 00573472.0 Version: V:20221111 Page 4 of 12 O 2022 Rogers Communications DocuSign Envelope ID: FACDE30E-94FD-4986-AFB0-A930090347A8 3.16. Service Limitations. The Rogers Control Centre Services are made available to End Users only when Customer Equipment is in operating range of the Rogers Facilities. In addition, the Rogers Control Centre Services may be temporarily refused, interrupted, or limited at any time because of: i) limitations to the Rogers Facilities; ii) limitations to the Third Party Facilities and/or Rogers Control Centre Services; iii) transmission limitations caused by atmospheric, topographical, or other factors outside of Rogers' reasonable control; iv) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of the Rogers Control Centre Services and/or the Third Party Facilities and/or Rogers Control Centre Services; v) unavailability of sites, locations or areas in Rogers' network footprint during the progressive roll -out of a new Technology or vi) regulatory order or decision. Individual data transmissions may be involuntarily delayed for a variety of reasons, including atmospheric conditions, topography, weak batteries, system over -capacity, movement outside a geographic location in which the Services and/or Third Party Facilities and/or Rogers Control Centre Services are available from time to time and gaps in coverage within said geographic locations. Customer acknowledges that not all types of devices, price plans, equipment and SIM's function on all Technologies. 3.17. Limits on Rogers Liabilitv for Emercrencv Services Provided on a Mandatory Basis. This section applies only to the provision of emergency services on a mandatory basis. For the purposes of this provision "Customer" means the Customer and its end users. In respect of the provision of emergency services on a mandatory basis, Rogers is not liable for: i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogers' network from Customer's property or premises or recorded by Customer Equipment or Rogers Equipment; ii) damages arising out of Customer's act, default, neglect or omission in the use or operation of equipment provided by Rogers; iii) damages arising out of the transmission of material or messages over the Rogers Wireless Network on Customer's behalf which is in any way unlawful; iv) any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from Customer's facilities and equipment. Furthermore, except in cases where negligence on Rogers part results in physical injury, death or damage to Customer's property or premises, Rogers' liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) Customer would otherwise be entitled to receive as a refund for the provision of defective service under the Agreement. However, Rogers' liability is not limited by this section in cases of deliberate fault, gross negligence or anti -competitive conduct on Rogers' part or in cases of breach of contract where the breach results from Rogers' gross negligence. 3.18. No Warranty. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ROGERS CONTROL CENTRE SERVICES AND ALL DEVICES, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES ARE PROVIDED BY ROGERS "AS IS" AND "AS AVAILABLE" AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY ROGERS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (1) ANY INTERRUPTIONS OR DISRUPTIONS OF THE ROGERS CONTROL CENTRE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE ROGERS CONTROL CENTRE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (11) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE EQUIPMENT USED TO PROVIDE THE ROGERS CONTROL CENTRE SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTOMER'S USE OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE ROGERS CONTROL CENTRE SERVICES OR THE THIRD PARTY SERVICES; (VI) Agreement #: 00573472.0 Page 5 of 12 Version: V:20221111 © 2022 Rogers Communications 48 DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE ROGERS CONTROL CENTRE SERVICES. FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSTOMER'S CONNECTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. 3.19. Roaming Availability and Limitations. Rogers will, to the extent permitted under the roaming agreements it has entered into with third party network operators (the "Roaming Agreements"), provide certain roaming services to End Users provided this feature is enabled on the Customer's Account. Roaming in Canada (also referred to as Extended Coverage) is provided to Customer at no additional charge. Certain types of SIMs may not benefit from Extended Coverage. Roaming is subject to the restrictions that may exist in the Roaming Agreements. Rogers may in its sole discretion suspend roaming privileges to any End User if it discovers or suspects that the roaming services are being used in a fraudulent manner or contrary to the provisions of this Section. Roaming End Users may only roam incidentally to their use of the Rogers Control Centre Services in Canada and cannot roam on the networks of third party network operators on a permanent basis. As a result, the majority of an End Users' monthly usage must occur on the Rogers wireless network. If the majority of an End Users' monthly usage occurs while roaming, Rogers may restrict or limit such End User's access to roaming on an ongoing basis. Notwithstanding the foregoing, permanent use is allowed in Saskatchewan for Internet of things to the extent however that Customer's head office or operating headquarters are located outside of Saskatchewan. Rogers will notify Customer reasonably in advance if the conditions pertaining to permanent roaming in Saskatchewan change as a result of changes to Rogers' agreements with the Canadian network operator with whom Rogers has arrangements in place for permanent roaming in Saskatchewan. Rogers agrees to use commercially reasonable efforts to provide Customer with prior or prompt subsequent, notification of any such suspension of roaming service; provided, however, that Rogers shall have no liability arising out of any failure to notify Customer. Rogers shall be entitled from time to time and at any time, at its sole discretion, to add, modify or remove territories where roaming shall be available to End Users. Customer acknowledges that not all features and/or functionalities are available in each territory where roaming is available and roaming in certain territories is only available for use with Customer Equipment using certain Technologies. Rounding rules and minimum usage conditions vary from one Roaming Agreement to another. 3.20. Registration. As a condition to using the Rogers Control Centre Services, each administrative user of the Rogers Control Centre Services may be required to register and select a unique password and user name ("User ID"). Customer shall ensure that each of such users provides accurate, complete, and updated registration information. A user may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than such user without appropriate authorization. 3.21. Ropers Control Centre Services Tiers. Customer will be onboarded on either the Essential Service Tier or the Advantage Service Tier of the Rogers Control Centre platform as outlined in the Product Quotation. The features of the Service Tiers are set out in this Schedule. Migration between Service Tiers is not available. 3.22. Activation/Deactivation. i) Customer will utilize the Rogers Control Centre platform to activate, deactivate and perform maintenance. ii) Business automation rules drive the transition from one SIM Status to another SIM Status, as detailed in the User Guide. The Essential tier of the Rogers Control Centre platform has limited access to automation rules iii) Where certain functions cannot be performed using the Rogers Control Centre platform because such functions are not configured in the Rogers Control Centre platform, Customer acknowledges and agrees that Rogers shall have no obligation to make those functions available to Customer. iv) The Rogers Control Centre Services may not be used illegally, for the purpose of creating or enhancing services that compete with the Rogers Control Centre Services or in a manner that either infringes on a third party's intellectual property rights or in Rogers' reasonable opinion potentially disrupts lawful use of the Rogers Control Centre Services by others. Rogers reserves the right to suspend use of the Agreement #: 00573472.0 Version: V:20221111 Page 6 of 12 © 2022 Rogers Communications DocuSign Envelope ID: FACDE30E-94FD-49B6-AFRO-A930090347A8 Rogers Control Centre Services if Rogers in good faith believes that any of the usage guidelines referred to in the preceding sentence have been violated. In case of suspension, Rogers will use reasonable, good faith efforts to provide advance notice (emergencies excepted) and to make suspension as selective and brief as practical. v) Customer shall, at its sole cost and expense, be responsible for acquiring and maintaining any computer systems and/or telecommunications connections required to activate, deactivate and perform maintenance activities on SIMs and perform the designated maintenance services and/or other activities using the Rogers Control Centre Services. Customer shall be solely responsible for any cost or expense resulting from Customer's use of the Rogers Control Centre Services, including costs or expenses resulting from any errors made by Customer in connection with activations or deactivations. vi) Customer acknowledges that functions of the Rogers Control Centre Services may be added, deleted or modified from time to time and that enhancements thereto may be provided upon written notice thereof to Customer provided that any deletion or modification will not affect the core functionality of the Rogers Control Centre Services. vii) Rogers reserves the right at any time and at its sole discretion to cease making available the Rogers Control Centre Services and replace it with another solution and amend this Schedule to include modified terms and conditions as a result thereof, upon reasonable written notice to Customer. 3.23. APN. i) Where the Customer requests a Custom APN, Rogers will install and maintain one or, at Customer's request, more custom APNs for Customer during the Service Term outlined in the Product Quotation. Customer shall pay to Rogers the rates set forth in Section 3.34 below with respect to each such APN for the full Service Term. Each APN shall have a minimum of two (2) nodes. Alternatively, Customer may use a common APN specifically built to be used for Rogers Control Centre Services. ii) Customer shall be responsible for any and all connections and transmissions facilities required from Customer's host system to the ingress point of the Rogers network. With respect thereto, Customer shall pay the applicable carrier(s) supplying the required private and fixed line connections and the transmissions facilities relating thereto, the applicable monthly and other fees relating thereto in the amount determined by such carrier(s) from time to time. iii) Customer will install and maintain during the Service Term outlined in the Product Quotation, at its sole cost, any required connection(s) (of a type approved by Rogers) between Customer's host system and the Rogers Facilities. 3.24. Usage Alerts. It is the responsibility of Customer to monitor and manage Customer's device usage using the self -serve platform features. Automation rules capabilities may differ between Essential and Advantage tiers. It is the Customer's responsibility to understand the rules applicable for each tier and to configure the desired account accordingly. Rogers will refuse to credit Customer's account as a result of Customer's failure to monitor and manage Customer's Account. 3.25. Rogers Control Centre Price Plans. The Rogers Control Centre price plans available are described in the Product Quotation. 3.26. Minimum Billable Period. For each activated SIM, Customer agrees to pay the applicable monthly fees for a minimum period of 1 month from the date of activation. 3.27. Minimum Revenue Commitment. Where a Minimum Revenue Commitment is set out in the Product Quotation, such Minimum Revenue Commitment will commence to be billed by Rogers from the first full bill cycle following the contract signature (meaning the date the Customer executes their commitment to purchase the Services provided pursuant to this Schedule). 3.28. Roaming Rates (from outside of Canada). i) U.S.: $0.25/MB. ii) International: International roaming is disabled by default unless Rogers has provided an international roaming rate to Customer in the Product Quotation. For the Essential Service Tier, the above rates are only applicable if the Customer has enabled the Additional Rate Plan Zone Essential Add -On Feature or the Essential Gold package. Agreement #: 00573472.0 Version: V:20221111 61191 Page 7 of 12 C 2022 Rogers Communications DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 3.29. SIMs. i) Unless otherwise set out in the Product Quotation, the following fees and minimum order size quantities will apply to the SIM purchased by Customer: TABLE 1: SIM Fees and Minimum Order Size ii) Customer shall pay to Rogers an activation fee of $4.00 per SIM when a SIM moves to an Activated state. iii) The fees set forth in paragraph (i) above are subject to change from time to time, without notice. 3.30. Rogers Control Centre Platform Fees. Platform features are enabled on a per Account basis and charged to each Billable SIM on the Account, per billing cycle. 3.31. Rogers Control Centre Platform Essential Tier Fees. TABLE 2: Control Centre Essential Base Platform Fees Inclusions: • SIM lifecycle management (Self -serve platform) • Rate plan changes effective at next billing cycle • Diagnostics • SIM ordering • Data Service Provisioning • Access to applicable REST APIs • Essential Automation • Additional Rate Plan Zone • SMS Service Features • Voice Service Features • Analytics • Authorized device access (IMEI Whitelisting) Agreement #: 00573472.0 Version: V:20221111 $0.00 Page 8of12 © 2022 Rogers Communications 51 DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 3.32. Rogers Control Centre Platform Advantage Tier Fees. TABLE 3: Control Centre Advantage Base Platform Fee Inclusions: a) Access to applicable REST APIs b) Data, SMS, Voice Services Features' c) Diagnostics d) Immediate rate plan changes e) SIM lifecycle management (Self -serve platform) f) SIM Ordering g) Standard Automation h) Advanced Automation i) Analytics j) Authorized device access (IMEI Whitelisting) k) I Address Range Restrictions must be enabled upon request and requires the execution of and $0.50 3.33. Customer Device Certification. For custom devices not already approved by Rogers in accordance with Section 3.5 the following applies: TABLE 4: Custom Devices 3.34. Custom APN. i) Customer shall pay to Rogers for each APN: a) a build fee of $5,000.00 for the set-up of any APN; and b) an ongoing monthly fee of $500.00 for the Service Term set out in the Product Quotation. Any "last mile" connectivity charges are the sole responsibility of Customer. ii) Custom APN Changes. Customer shall pay to Rogers for each custom APN change: a) a build fee of $2,000 for the set-up of a change involving the implementation of a dedicated circuit; and b) a build fee of $1,500 for the set-up of a change which does not involve the implementation of a dedicated circuit. i. Any "last mile" connectivity charges are the sole responsibility of Customer. 3.34.1. VPN. Customer shall pay to Rogers for each VPN requested by Customer to enable additional services (e.g. SMPP bind or RADIUS proxy). The pricing for any such VPN and for additional services will be set out in a Product Quotation. Any "last mile" connectivity charges are the sole responsibility of Customer. 3.34.2. Voice Calling. Voice calling functionality is, by default, disabled by Rogers for Rogers Control Centre SIMs to ensure no voice traffic is generated by End Users. The Customer may enable voice traffic on any particular Account but, under the Essential Service Tier, the Customer must purchase as an add -on either the Voice Service feature or the Essential Gold package. 3.35. SMS. SMS functionality is, by default, disabled by Rogers for Rogers Control Centre SIMs to ensure no Agreement #: 00573472.0 Page 9 of 12 Version: V:20221111 © 2022 Rogers Communications 52 DocuSign Envelope ID: FACDE30E-94FD-49B6-AFRO-A930090347A8 SMS traffic is generated by End Users. The Customer may request the enabling of SMS traffic on any particular Account. 3.36. Additional Rate Plan Zone requirement. Customer may not have more than two (2) rate plan zone on the Essential Service Tier. 3.37. Platform Feature Descriptions. The User Guide provides the description of the above capabilities. 3.38. End User License Agreement. Customer agrees to abide by the terms and conditions of the End User License Agreement, which you are required to accept prior to being provided access to the Services. The EULA is available to view at: https://www.cisco.com/c/en/us/about/legal/cloud-and-software/end user license agreement.html Agreement #: 00573472.0 Version: V:20221111 Page 10 of 12 O 2022 Rogers Communications 6V DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 Product Quotation Product / Services Name city Unit CC - IoT Data Connectivity Rate f Per SIM 1 Card Platform Fee: Advantage - Card per Base Package (required) month CC - IoT Data Connectivity Rate 1 Per SIM Card 1 MB Per SIM - CDN LTE Card per Data for IoT, Pooled, CC month Advantage platform, Month to Month (Overage $2.35 / MB) i 50 MB Per SIM - CDN LTE-M 1 Per SIM Data for IoT, Pooled, CC Card per Advantage platform, Month to month Month (Overage $0.25 / MB) Monthly Recurring Service Term Notes V Charges (MRC) (in months} ;A _ $2.35 $5.25 10 MB Per SIM - CDN LTE-M 1 Per SIM $3.75 Data for IoT, Pooled, CC Card per Advantage platform, Month to month Month (Overage $0.75 / MB) Product / Services Name Qty Unit List Price CC - IoT Data Connectivity Rate 1 Each $40.00 Card CC IoT SIM Card (2FF, 3FF, 4FF) pack of 20 SIMs I 0 36 36 I 36 Non -Recurring Notes Charges (NRC) i $40.00 IOT NRC Subtotal:. $40.00 _. - ------ - ----- ------ -.-�_. - Internet of Things Notes: Additional terms and conditions that apply to the Products / Services listed above are set out in the applicable Schedule(s) attached hereto. Where Professional Services are listed above, the scope, payment milestones and additional terms and conditions are set out in a Statement of Work attached hereto. Professional Services quoted will be fulfilled during Business Hours. Professional Services required outside Business Hours must be quoted additionally. Agreement #: 00573472.0 Version: V:20221111 61511 Page 11 of 12 © 2022 Rogers Communications DocuSign Envelope ID: FACDE30E-94FD-49B6-AFBO-A930090347A8 General Notes: This Product Quotation is subject to Rogers' approval and is valid for Customer's acceptance for sixty (60) days from its date of issuance. The provision of Services pursuant to this Product Quotation is subject to the terms and conditions of Rogers' Master Enterprise Customer Agreement entered into by the Customer and Rogers, or, in the absence of a Master Enterprise Customer Agreement between Rogers and the Customer, the provision of Services pursuant to this Product Quotation is subject to the terms of the legal agreement in place between the Customer and Rogers that relates to the Services quoted herein. Capitalized terms set out in this Product Quotation which have not been defined herein shall have the meanings ascribed to them under the Master Enterprise Customer Agreement. Unless otherwise indicated, all charges and fees on this Product Quotation are in Canadian dollars and do not include applicable taxes. The Customer shall be responsible to pay all applicable taxes. Canadian dollar equivalent amounts for foreign currency calculation on invoices are based on a monthly average exchange rate. Exchange rates are subject to change without notice. The Parties, by their duly authorized representatives, acknowledge having reviewed and understood the terms and conditions set out herein. City of Saint John Rogers Communications Canada Inc. DocuSigned by: Cfirb, C16 A47 sI Per: Per: Troy Harnish Name: Name: Title: Title: Director of sales 1/31/2023 Signature Date: Signature Date: City of Saint John Rogers Communications Canada Inc. DocuSigned by: i.aY1t.—,If OSt,t., fibtv�a.S Per: Per: Ez--- Name: Name: 76133F259C3461... Marie-7osee Tougas Title: Title: Manager, Deals & contract Management Signature Date: Signature Date: 2/1/2023 Agreement #: 00573472.0 Page 12 of 12 Version: V:20221111 C 2022 Rogers Communications 55 Staff Recommendation for Council Resolution Property: 661 Dever Road Public Hearing: February 6, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law No Amendment Recission of Yes That Common Council repeal the Section 39 conditions Previous s. 39/s. imposed on the August 5, 1994, rezoning of the property 59 Conditions located at 661 Dever Road, also identified as PID Number 55106819 as amended on January 21, 2004, September 9, 2008, and April 23, 2012. Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1.01 hectares, located at 661 Dever Road also identified as PID Number 55106819: a. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features. b. That a landscaping plan be prepared for the site, for the approval of the Development Officer. C. Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including, but not limited to similar colours, siding materials and door and window proportions and trim. 67� d. The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. e. That the final design of the site incorporates a sidewalk along the private access to be maintained by the developer providing a connection to the existing sidewalk along Dever Road. f. Access to the property shall be generally as shown on the submitted site plan, with the exact location of the driveway entrance being subject to the approval of Infrastructure Development and the Development Officer, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway. g. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the city. h. An engineered stormwater plan and design brief are required to be submitted by the developer to the City for review and approval. That the stormwater management plan submitted for the proposed development must achieve a zero net increase from the site (i.e. limit post -development discharge to the existing pre -development discharge with no increase in stormwater flow directed to the receiving municipal downstream system). Notwithstanding the requirements of CG zone and paragraph 11.7(3)(c) of the Zoning By -Law, dwelling units are permitted below the second storey of a building and are permitted to have external entrances. 6'tl j. That the developer provide a connection to the adjacent sports complex, subject to the approval of the Development Officer. Section 59 No Agreement Section 131 No Agreement Other No 611:3 It, o s. o. • .4 • k O E Q O a=+ L O Q L a) a) 7 O N � L Q ? a) O E a) .L o a) O U E 0) (6 E C: a) U 'x N 'in a) C U . cn }, L � O }, N U " N O cn _r_ -_ Q _ O cn .C: I cm a� !% - -- ------- co - - ---- ----- 0 CIE 0 L a ■ a ■ ma 0110— ■1 CL O .r APO"' L i .. , r 0 CL 0 L a 0 CL 0 L a �y4iX p M F 7-6 y35` "1 sl M 0 (U C) �e o v 0 a v r� a� C O CL z Z o _ U) CL :v 0 a E E M c c cc r to { li 5 3. F �.6 INN FW6,�,.5i �i 44 Fes. liwi- k; i{ k 4 y. i a. rc Lt Z i IL06 E I J Al ':, a - E t Oq N E Q _O N _0 E 0) c U E 'cn +-0 cn a) �_ a) D X N cn U +-� N a) o � U Q ca cu 70 o 70 � 0 Q ca E ca a)m O 0 AS E cn c � U 0) L � n U Q N 0 4-0}' � ca 0 U � � C � N N cu� O N a) rn N Q C� c a) c: 00 N (� >, O N U X +-+ 0 0 N U cu cn N 'L U � O 70 Q (u 0 00 0) -a.- ca cn o a)O o �5 C: N >% 0) a)Q J OX �i (u +-! a J J N CD U 70 cLE 0 � o U) n Q L) a V 0 0 N co 0 (D 0 (.0 (D L Cjra F E m -D mo LL 45 LL L-L I U) O N a)O ate-+ .� cn 0 O N +� Q C: O O t+- — N cm N C: E += cn Co E N E O O U cn 0 CD Co (n >- _0 ca o � U Q .O _� a)OU N N O N v L cm (D �-• (DE E E .� .� O cn 0 E O OU O cn cn - (D fa (D U � 0 N L -0 a)� o 'U _cu 4-0 a)E o-o a O E L Ft .>_ a)c�a C) Co U o o C o-0 X UJ Q _ }, :3 E L 4-0 O M 4- • • • CD CD Z () o Mi i _ca n i .QL ca U 70 C/) C: C/) J U 70 U � C ca N .� a) L- cu U) U > a) C O o C/) CL C N c ca 0 (a U^ O O w cu 'cu CY) CY) CU .Fn cu ca .CD m r) O cu • U) U U) 0 0 0 I W W^ O U >QL C Q— O � O U aj U L) O U Oc' 0 va) Via) QCU V '� U O 4->% Cl) O O O m Cl) Cl) LU CL QL Q- � M o ^ o � � O 0 � � O c 0 r c m E E 0 m CY) LO O N 0) 0 IZ- QL U) m U) (D U) D .0) a ca c)A (D .U) O IZ- U .E L O n I cn C- m n 0 W . \ nn' O W C� QL O X O � o += QL .o o E o ca a) > a) a) -t E a) Ecn o cn CD E Ca o a O U U ._ C.� o a) ca 4� ry � o CU�� c� ca O �--' O C) O O � U � a) o mo a� o o Q U � E • - ------- --- co N% - - ---- ----- PLANNING ADVISORY COMMITTEE January 18, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment Application 661 Dever Road On December 12, 2022, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 17, 2023, meeting. N'n11 C The City of Saint John Mr. Jonathon Rasenberg, of Teneo Ventures Limited, appeared before the Committee and expressed agreement with Staff Recommendation. Mr. Rasenberg noted he is managing the proposed development as the general contractor on behalf of the owners. The proposed development will have a mix of one, two and three -bedroom units, with the one -bedroom units responding to affordability and the three -bedroom units providing space for larger families. In response to questions from the Committee, the applicant noted the cladding materials for the proposed residential buildings will match those detailed in the elevation drawings and renderings. Mr. Rasenberg also responded to questions from Committee members related to affordable housing, noting they are targeting 10 to 12 affordable housing units dependent on the project financing. He also noted they are reviewing both Provincial and Federal financing programs. Mr. Greg Theriault appeared before the Committee, noting he is a parent of a child in the existing daycare on the subject site. Mr. Theriault noted that while the City requires additional housing, services such as daycare centres are also required and impacting the viability of a daycare centre in the existing building to allow for a pharmacy is irresponsible given there are five existing pharmacies in the area. Mr. Rasenberg reappeared before the Committee, and in response to questions from the Committee noted he is not party to discussions between the building owner and the current tenant related to the lease. Page 1 of 4 82 Teneo Ventures Limited 661 Dever Road January 17, 2023 The Committee adopted a motion to reopen the meeting to presentations from the Public to allow Ashley King, the owner of Butterflies and Bumblebees Day Care Centre and current tenant of the building, to appear before the Committee. Ms. King told the committee that she was taken by surprise by the owner of the building's decision to terminate her lease, and noted there is a lack of available commercial space on the City's west side. Also she noted that her lease with the building owner requires the building owner to provide her with six month's notice of cancellation of the lease, which leaves her business where she cares for 48 children in jeopardy. In response to questions from the Committee, City Staff noted the leasing relationship is not a land use matter and is outside the jurisdiction of the Committee. No other persons appeared before the Committee and three letters were received regarding the application. Following consideration of the presentations, letters, and Staff report, the Committee adopted an amended Staff Recommendation with an additional recommended condition that the developer provide a connection to the adjacent sports complex, subject to the approval of the Development Officer. RECOMMENDATION: That Common Council repeal the Section 39 conditions imposed on the August 5, 1994, rezoning of the property located at 661 Dever Road, also identified as PID Number 55106819 as amended on January 21, 2004, September 9, 2008, and April 23, 2012. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1.01 hectares, located at 661 Dever Road also identified as PID Number 55106819: a. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features. b. That a landscaping plan be prepared for the site, for the approval of the Development Officer. Page 2 of 4 83 Teneo Ventures Limited 661 Dever Road January 17, 2023 c. Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including, but not limited to similar colours, siding materials and door and window proportions and trim. d. The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. e. That the final design of the site incorporates a sidewalk along the private access to be maintained by the developer providing a connection to the existing sidewalk along Dever Road. Access to the property shall be generally as shown on the submitted site plan, with the exact location of the driveway entrance being subject to the approval of Infrastructure Development and the Development Officer, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway. g. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. h. An engineered stormwater plan and design brief are required to be submitted by the developer to the City for review and approval. That the stormwater management plan submitted for the proposed development must achieve a zero net increase from the site (i.e. limit post -development discharge to the existing pre -development discharge with no increase in stormwater flow directed to the receiving municipal downstream system). i. Notwithstanding the requirements of CG zone and paragraph 11.7(3)(c) of the Zoning By -Law, dwelling units are permitted below the second storey of a building and are permitted to have external entrances. j. That the developer provide a connection to the adjacent sports complex, subject to the approval of the Development Officer. Respectfully submitted, Page 3 of 4 84 Teneo Ventures Limited 661 Dever Road January 17, 2023 Alex Weaver Crawford Chair Attachments Page 4 of 4 85 The City of Saint john Date: January 12, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 17, 2023 SUBJECT Applicant: Teneo Ventures Ltd. Landowner: Greendale Holdings Limited Location: 661 Dever Road PID: 55106819 Plan Designation: Stable Residential Existing Zoning: General Commercial Application Type: Section 59 Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to Section 59 conditions imposed on a property. Common Council will consider the Committee's recommendation at a public hearing on Monday, February 6, 2023. EXECUTIVE SUMMARY The applicant has applied to amend the Section 59 conditions imposed on past applications for the site to permit a pharmacy on the lower level of the existing commercial building and to permit residential development on the western portion of the site. The proposed residential development will consist of a total of 54 units in four buildings served by a private access. Page 1 of 9 86 Teneo Ventures Limited 661 Dever Road January 12, 2023 Approval of the application is recommended with a revised suite of Section 59 conditions to govern development on the subject site. RECOMMENDATION 1. That Common Council repeal the Section 39 conditions imposed on the August 5, 1994, rezoning of the property located at 661 Dever Road, also identified as PID Number 55106819 as amended on January 21, 2004, September 9, 2008, and April 23, 2012. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1.01 hectares, located at 661 Dever Road also identified as PID Number 55106819: a. The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features. b. That a landscaping plan be prepared for the site, for the approval of the Development Officer. c. Exterior elevations of buildings within the development are to have a cohesive design incorporating elements including, but not limited to similar colours, siding materials and door and window proportions and trim. d. The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. e. That the final design of the site incorporates a sidewalk along the private access to be maintained by the developer providing a connection to the existing sidewalk along Dever Road. f. Access to the property shall be generally as shown on the submitted site plan, with the exact location of the driveway entrance being subject to the approval of Infrastructure Development and the Development Officer, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway. g. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be Page 2 of 9 87 Teneo Ventures Limited 661 Dever Road January 12, 2023 submitted by the owner/developer's engineering consultant to the City for review and approval by the City. An engineered stormwater plan and design brief are required to be submitted by the developer to the City for review and approval. That the stormwater management plan submitted for the proposed development must achieve a zero net increase from the site (i.e. limit post -development discharge to the existing pre -development discharge with no increase in stormwater flow directed to the receiving municipal downstream system). Notwithstanding the requirements of CG zone and paragraph 11.7(3)(c) of the Zoning By -Law, dwelling units are permitted below the second storey of a building and are permitted to have external entrances. DECISION HISTORY In 1994, Common Council amended the Municipal Plan designation and zoning of the subject site to permit the development of a medical clinic, subject to the following Section 39 conditions: a) The use of the property is limited to the applicant's proposal for medical/professional offices and related activities; b) All parking areas, loading areas, aisles, manoeuvring areas and driveways shall be paved with asphalt and, where deemed necessary by the Development Officer, enclosed with poured-inplace concrete curbs to protect landscaped areas and facilitate proper drainage; c) Adequate site drainage facilities must be provided and must meet the requirements of the Engineering Department, and a drainage plan is required; d) Access to the property shall be generally as shown on the submitted site plan, the exact location of the driveway entrance is subject to the approval of the Engineering Department, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway; e) All disturbed areas of the site which are not occupied by buildings, driveways, walkways and parking or loading areas shall be landscaped, and the landscaping shall include a hedge or similar planting strip along the east side lot line (abutting the senior citizens' apartments), as required by the Zoning By-law; f) The site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, including those listed above, and no Page 3 of 9 88 Teneo Ventures Limited 661 Dever Road January 12, 2023 building permit will be endorsed by the Development Officer (except site preparation and foundation) until the site plan is approved, such site plan to be attached to the building permit for the development; and g) During construction and all times thereafter, the site shall be accessed directly from Dever Road and not from the Arena property. In January of 2002, Common Council amended the Section 39 conditions on the property at 661 Dever Road to include as a permitted use an athletic or health club, provided it is located within the gym section of a physiotherapy clinic that existed at the time. In September of 2008, Common Council further amended the Section 39 conditions to permit a senior citizens' activity centre within the existing commercial building on the subject site. The most recent Section 39 Amendment was approved by Common Council in April 2012 to allow for a day care centre as a permitted use. ANALYSIS Proposal The applicant is proposing to covert the lower lever of the existing commercial building located in the eastern portion of the site from a day care centre to a pharmacy. Approval is also being sought to construct a residential development consisting of 54 dwelling units in the western potion of the site. The residential development would consist of four buildings each housing between twelve and fourteen dwelling units. Although designed to look like townhouses, the proposed buildings are multiple unit dwellings as they incorporate separate units on the lower and upper stories, similar to the design of the buildings located at the southeast corner of Waterloo Street and Golding Street. The residential development would provide 27 one -bedroom units, 19 two -bedroom units, and 8 three -bedroom units. Construction of the residential component of the development is anticipated to commence later in 2023 with the construction of two of the residential buildings. Target markets for the development include single seniors, young professionals, young families, new immigrant families, and working professionals. The proponent has submitted an application to the Province for 12 units of affordable housing with the final number of affordable units to be included in the project subject to the Provincial and CMHC approval processes. Staff note the owners of the proposed development are local and include the current property owner and the operators of the proposed pharmacy. Site and Neighbourhood The subject site is a 1.1-hectare parcel located on the south side of Dever Road on the City's West Side. The site contains a two -storey commercial building located on the eastern portion of the site, which includes medical offices and a daycare. Prior to 1994, the site was formerly part of a much larger parcel owned by the Province of New Brunswick, extending from Dever Road Page 4 of 9 89 Teneo Ventures Limited 661 Dever Road January 12, 2023 to Manawagonish Road, including Barnhill School. The subject site has approximately 120 metres of frontage along Dever Road. The elevation of the site ranges from 36 metres in the northwest corner of the site along Dever Road to 42 metres in the central portion of the site. To the east of the subject site is the St. Rose Parish senior citizens' apartment complex. The Peter Murray Arena abuts the site to the west. Provincial lands are located to the south and rear of the subject site. The City maintains public tennis courts and other open space recreation areas on the provincial land directly adjacent to the subject site, which are accessed from the arena property. The adjacent arena and school properties are zoned Neighborhood Community Facility (CFN), with the property to the east of the subject site zoned Mid -Rise Residential (RM). A warehouse, transportation terminal and rail yard are located to the north, across Dever Road, and are zoned Transportation (T). The site is proximate to the Saint Rose and Barnhill schools located south of the subject property. Recreation facilities including sports fields, an arena, playground, and dog park are located adjacent to the site. Commencing January 15, the area will be served by Saint John Transit's new FLEX transit service which provides on -demand transit versus a dedicated scheduled transit route. This service will be available Monday to Friday from 6:30 am until 6:30 pm, and on Saturdays from 10 am until 6 pm. The site is also within one kilometre of the established commercial centre along Fairville Boulevard which contains various commercial and retail establishments including a library. Municipal Plan The site is designated as Stable Residential in the Municipal Plan. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. Key findings indicate that the built form and density is compatible with the surrounding neighbourhood and aligns with the policy direction provided in the Municipal Plan. The proposed development would be considered infill development of a vacant parcel of land utilizing existing municipal services, which conforms to a key direction established in the Municipal Plan. Staff note the area is designated as Stable Residential in the Municipal Plan. While a density target is not provided for Stable Residential areas, the site density of 98 units per hectare, generally corresponds with the thresholds established for medium density development in the Municipal Plan given the 35 to 90 units per hectare density range for Low to Medium Density Residential areas and a minimum density level of 45 units per hectare in Medium to High Density Residential areas. Staff also note there is limited context in which to compare the density to the surrounding neighbourhood along Dever Road and note the institutionally zoned land to the west and south separates the site from lower density areas in the Greendale Subdivision. The proposal also aligns with other Policy directions for the Stable Residential designation including: Page 5 of 9 90 Teneo Ventures Limited 661 Dever Road January 12, 2023 • Compatibility with Existing Development— Physical separation is provided from the low -density areas of residential development in the Greendale Subdivision to the south by the Barnhill School and the Peter Murray Arena properties. • Adequacy of Servicing and Transportation — Water and sanitary sewer capacity exists for the proposed development and Dever Road is served by transit. As the site is located within the Primary Development Area, it represents the infill of a site along an arterial roadway corridor where services exist. • Building Design - While the architectural finishes including cladding and window and door treatments are subject to detailed design, the massing of the proposed buildings is consistent with contemporary multiple unit building designs found within the City. • Impact on Intensification Areas - The site is located on a collector roadway and is located approximately 310 metres west-northwest of the Main Street West Intensification Area. The adjacent Intensification Area is a Mixed Use Centre that is appropriate for re - urbanization through mixed commercial and medium to higher density residential development. This, combined with the limited new multi -unit residential construction in this area of the City, and the broader West Side area is not expected to detract from the intention to direct most of the new residential development to the Primary Centres, Local Centres, and Intensification Areas. The proposal represents an opportunity to introduce additional density into a suburban context located on the City's West Side to meet the demands of future population growth and evolving housing needs in this area of the City and the broader community. Housing provided by the development can provide affordability and choice for many sectors of the market including seniors seeking to downsize from their single unit dwelling and provide housing in proximity to employment nodes in West Saint John including the Lorneville Industrial Park and Fairville Boulevard Regional Retail District. From the above summary and the analysis of conformance with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the density, the proposed uses, and the building forms in the proposed development. Zoning and Section 59 Amendment The subject site is zoned General Commercial (CG) and this underlying zone permits residential development (dwelling units) and a range of commercial uses. Currently, only a limited suite of commercial uses is permitted on the site through the original rezoning and subsequent amendments to the Section 59 conditions. These uses include medical/professional offices, an athletic or health club, a senior citizens' activity centre, and a day care centre. The application seeks to add a retail pharmacy (provided through the retail general use in the CG zone) to the lower level of the existing commercial building. Currently the existing Section Page 6 of 9 91 Teneo Ventures Limited 661 Dever Road January 12, 2023 59 conditions permit a limited suite of commercial uses compared with the broader scope of permitted uses within the underlying General Commercial (CG) zone. Given the number of past applications seeking additional uses beyond those approved in the original 1994 rezoning, staff are of the opinion that there is merit in providing a broader range of permitted uses in line with the underlying zoning of the site beyond those currently provided for through existing conditions and the two additional uses sought through the application. The CG zone has restrictions on certain land uses which are not compatible with residential areas such as vehicle repair garages; bars, lounges, and night clubs; and cannabis retail. These restrictions are based on proximity to lots containing schools and proximity and adjacency to residentially zoned properties. Given this, Staff do not recommend a Section 59 condition placing a limitation on the permitted uses beyond those permitted by the underlying General Commercial (CG) zone. This will provide for additional permitted uses within the existing building in addition to the existing permitted uses of a medical clinic and day care centre. With respect to the proposed residential development, staff note the CG zone does not provide for dwelling units to be located below the second storey of the building and have a dedicated external entrance unless the subject lot is located within 30 metres of a residential zone. In this case, ground floor residential units and residential units having external entrances are permitted with the current site configuration as the subject site is both adjacent to a residentially zoned property and within 30 metres of another residentially zoned property. However, these permissions may not apply in the future should the site be further subdivided into individual lots for the proposed residential buildings. To provide for the proposed residential uses to be permitted should the site be further subdivided, Staff recommend a Section 59 condition to allow for dwelling units be permitted below the second storey and permitted to have external entrances notwithstanding the prohibition in the CG zone. Except for side and rear yard setbacks, the proposed development conforms to the standards of the CG zone. The reduction in side and rear yards can either be dealt with through refinements to the design prior to the building permit stage or through the issuance of a Development Officer variance prior to construction when final design drawings are submitted with the required Building Permit application . Servicing and Traffic A preliminary review of servicing and infrastructure modelling has been completed by Infrastructure Development and Saint John Water indicate no concerns with traffic or water and sewer capacity related to the proposed development. Consistent with the City's stormwater ,management requirements post development stormwater flows from the site cannot exceed pre -development flows. Other Recommended Section 59 Conditions In addition to the conditions discussed above, Staff are recommending additional conditions be imposed in accordance with Section 59 of the Community Planning Act. These conditions include considerations relating to access, pedestrian connections, and building design. Page 7 of 9 92 Teneo Ventures Limited 661 Dever Road January 12, 2023 • Landscaping Plan — A condition is recommended to require a landscaping plan, for the approval of the Development Officer, which details the landscaping to be completed by the developer, including the plantings required by the Zoning By -Law along the Dever Road frontage of the site. • Pedestrian Connectivity — Staff recommend a condition requiring a sidewalk to be provided along the proposed Private Access connecting to the existing sidewalk along Dever Road. • Access — Existing Section 59 conditions require that access to the property shall be as shown on the submitted site plan, with the exact location of the driveway entrance subject to the approval of City Staff, and that the existing concrete curb, sidewalk, and median landscaping be reinstated Staff recommend retention of this condition. • Required Infrastructure Upgrades —Staff are recommending a condition that should any infrastructure upgrades be required, that these upgrades be the Developer's responsibility and cost to complete. A standard condition relating to stormwater management requirements is also provided. • Detailed Plans — Staff are also recommending the standard condition requiring the development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, and submitted with the permit application for the development of the parcel of land. Building Elevations - The General Commercial zone does not regulate fagade materials or building design elements such as cladding or window percentages. Staff have recommended a Section 59 condition requiring exterior elevations of buildings within the development employ a cohesive design utilizing design elements including, but not limited to similar colours, siding materials and door and window proportions and trim. Staff note that detailed engineering plans for the development will be subject to review and approval by the City. Staff are of the opinion the proposed Section 59 conditions meet the intent of the Municipal Plan and will ensure the development is compatible with the surrounding neighbourhood. The variances required to support the proposed development are also considered reasonable. Given this, approval of the Section 59 amendments recommended. Conclusion The proposed development conforms to the policy direction in the Municipal Plan and meets the standards provided in the Zoning By -Law. The proposed density and building forms fit within the context of the surrounding neighbourhood. Approval of the proposed development is Page 8 of 9 93 Teneo Ventures Limited 661 Dever Road January 12, 2023 recommended through the amendment of the existing Section 59 conditions and subject to standard Section 59 conditions and conditions related to specific design elements for the proposal. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives are proposed. ENGAGEMENT Proponent The proponent has indicated they have canvassed homes in the residential neighbourhood to the south of the proposed development. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 3, 2023. The rezoning was posted on the City of Saint John website on January 11, 2023. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 22-0264 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plans, Floor Plans, Elevations and Renderings Page 9 of 9 94 I� O O V JZ CD (r) m U co I)w O O Y z ti45 J � a Oi +L Q Ca c rn O o - t E C=) co m E E E E E 0 0 o 0 0 0 U) U) 40, 4a ► 'job, 0 _ C U) 0 0 0 CN o N v J N L.L 0 ry \W\ W r) T—CD CD O I O c cu cm rn N O U) 0 fN O1 E N N N � � U) O 0 (6 N (0 N Q C N E N Q N O i N N (5 N U) d N (6 CV o E 7 0- d N U) O N O N 0) •C: O N ry ^W W r) ''r co co r _ t�# J B 4 O O o 0 c (B E E LO 0 o ti �CY) LL o Z.) U � H N N C 7 O m C O N (6 c O O U rn c O N rn U) N 0 O i O O N (n d c � � O � N � N Q 0 � 7 O (n 0- U N .. 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Radtke, Travis From: Anita Theriault <anita.rosteck@gmail.com> Sent: January 4, 2023 8:58 AM To: OneStop Subject: 661 Dever Rd Development [ 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 spa msample@saintjohn.ca or contact IT Service Desk at 649-6047.** I am writing to express my opposition to a proposed zoning change to 661 Dever Rd. on the west side. Finding a licenced daycare in Saint John is nearly impossible. This daycare in particular provides an essential service for nearly 50 families who live in our community. Some so close they walk to pick up and drop off their kids. Putting this daycare out of business for "retail space" would be a crime to our neighbourhoods and send the wrong message to developers and to Saint Johner's on what we are willing to give up for a few extra dollars of property tax. We have plenty of empty retail space on the west side, some of it within walking distance to the daycare. We do not need more of it. Another aspect of this proposal is that the existing building where the daycare is does not need to be demolished to allow for the development. I would think it would be reasonable to re -zone to allow for General Dwelling so the units can be created but the current building must remain as it is and for essential service (doctor's office and daycare). The city should be protecting daycares as essential service providers and looking for ways to encourage the opening of new daycares, not closing the doors of the ones we already have. Saint John should be a place where you do not need to choose between work and staying home with your kids. I am strongly opposed to the re -zoning of 661 Dever Rd. Thank you, Anita Rosteck Saint John Resident Anita 1 119 Radtke, Travis From: Greg Theriault <gregtheriault@hotmail.com> Sent: January 3, 2023 10:03 PM To: OneStop Subject: 661 Dever Rd Development [ 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 spa msample@saintjohn.ca or contact IT Service Desk at 649-6047.** I am writing to express my opposition to a proposed zoning change to 661 Dever Rd. on the west side. Finding a licenced daycare in Saint John is nearly impossible. This daycare in particular provides an essential service for nearly 50 families who live in our community. Some so close they walk to pick up and drop off their kids. Putting this daycare out of business for "retail space" would be a crime to our neighbourhoods and send the wrong message to developers and to Saint Johner's on what we are willing to give up for a few extra dollars of property tax. We have plenty of empty retail space on the west side, some of it within walking distance to the daycare. We do not need more of it. Another aspect of this proposal is that the existing building where the daycare is does not need to be demolished to allow for the development. I would think it would be reasonable to re -zone to allow for General Dwelling so the units can be created but the current building must remain as it is and for essential service (doctor's office and daycare). The city should be protecting daycares as essential service providers and looking for ways to encourage the opening of new daycares, not closing the doors of the ones we already have. Saint John should be a place where you do not need to choose between work and staying home with your kids. I am strongly opposed to the re -zoning of 661 Dever Rd. Thank you, Greg The riault Saint John Resident 1 120 Radtke, Travis From: Jen Galbraith <gpsfamily134@yahoo.ca> Sent: January 12, 2023 8:38 PM To: OneStop Subject: Response to Section 59 Amendment 661 Dever Road (PID 55106819) Categories: Travis [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** I am writing in response to the section 59 Amendment Application for 661 Dever Road (PID 55106819). Our notice was received January 3, 2023. We are NOT in favour of the application for Amendment for several reasons/concerns listed below. We are located at 134 Clover Court. The buildings will be in our backyard with 2 to 3 story units looking down into our back yard. We will lose all privacy that years of growing our natural Cedar tree fence lining our property will no longer provide privacy. The planned BBQ area is really a smoking area where the smell of Marijuana and cigarette smoke will be in my yard daily and possibly all day. I will no longer be able to hang my clothes outside as I work in childcare and cannot smell like Marijuana. The smell also makes me nauseous; therefore, making me unable to enjoy our back yard. I have a 12 year old I also do not want to be exposed to that daily. There will not be enough parking to accommodate visitors from the housing units; therefore, we will have cars lined up parked behind our property and using the back of the Peter Murry Rink as parking taking it from people accessing the back door of the rink and causing more traffic and noise behind our home. The information we received at our door from the developer boasts of the dog park behind it. This leads me to think dogs will be allowed in the units if that is a selling feature causing more dogs to use the dog park. We already hear dogs barking day and night with more dogs from the units would only cause more barking. Again, we are unable to enjoy our property outside in our yard. Our property links the rink to the road we live on and currently is used without permission from individuals wanting quick access to Clover Court or Dever Road. With affordable housing units behind our property it leads to the potential of more individuals using our property as access to Clover Court or to the housing units without permission affecting our privacy once again. Putting up a fence is a cost we should not have to deal with because of the new housing units. The pharmacy could have a methadone clinic and I do not want that in my back yard or at risk individuals roaming my backyard and neighborhood. An additional entrance to the housing units will be dangerous on the blind hill that is already dangerous with an entrance to the rink and doctor's clinic. 121 The value of our home will drop with apartments in our backyard. I also have concerns about garbage and rodents with that many units. How will the new city garbage pick up restrictions be enforced? If dumpsters are used, they will attract rodents. As an Early Childhood Educator who does NOT work at the childcare being closed due to the Application, I can see the hardship it will cause 40+families who will stress, struggle and most likely will be unable to find daycare for their child/ren. The developer said when he approached our home that he will work hard to find the daycare a new space but he does not realize how difficult it is to get a new spaced licensed through the government and the restrictions and regulations that make it almost impossible to start a new childcare centre. Currently in the childcare sector, there is a shortage of daycare spaces available and a major shortage in infant childcare. This childcare centre is one of the few West Saint John childcare centres that provides infant care before 15 months of age. Closing the centre risks the reopening of these spaces in a new facilty if by some miracle a building is found and meets the strict childcare licensing standards to be established as a new childcare facilty. Therefore; six infant childcare spaces located West Saint John are at risk of no longer being available. If the owner is forced to close and does not have a centre licensed to transition the families to, the staff as well as the owner's livelihoods are in jeopardy. More than 7 staff will no longer have a job and cause financial hardship on them and their families and their own children. Staff will search for employment elsewhere. When the owner is licensed and able to re -open (based on the slim chance of finding property West Saint John to accomdate 40+families) she will struggle with finding staff as there is also a shortage of certified experienced childcare workers applying at childcare centres. It is a struggle for all Childcare Centre owners to find qualified reliable staff should the current staff find employment elsewhere in the transition. What affects us most is the loss of our privacy with high buildings looking down onto our property and the smell of Marijuana as one can only assume new units will be non smoking forcing tenants outside to smoke Marijuana and cigarettes in the BBQ area. Regards, Property owners of 134 Clover Court Martin Pitre and Jennifer Galbraith Residing in our home our 12 year old and 22 year old Sent from Yahoo Mail on Android `A Staff Recommendation for Council Resolution Property: 157 Starburst Lane Public Hearing: February 6, 2023 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 15T and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (Rl) to Community Neighbourhood Facility (CFN). Other No Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1st and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes a. Should any municipal infrastructure improvements Conditions be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; b. The development and use of the parcel of land be in accordance with site plan, prepared by the `1P491 proponent and subject to the approval of the Development Officer, illustrating the location of the proposed fence, required outdoor play areas, and the 8 proposed parking stalls; c. That the subject site be limited to a Day Care Centre; d. That the Day Care Centre be limited to a maximum of 30 children; Section 59 No Agreement Section 131 No Agreement Other No { `3 f r 1F-r, , `j H I COUNCIL REPORT M&C No. 2023-27 Report Date February 02, 2023 Meeting Date February 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Council Supplementary Report-157Starburst lane.docx OPEN OR CLOSED SESSION This matter is to be discussed in Open Session of Common Council. AUTHORIZATION Primary Author Commissioner City Manager Yeva Mattson Jacqueline Hamilton Brent McGovern RECOMMENDATION That Common Council adopt the following amended staff recommendation: 1. That Common Council rezone a portion of a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (1111) to Community Neighbourhood Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021: a. Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; b. The development and use of the parcel of land be in accordance with site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of the proposed fence, required outdoor play areas, and the 8 proposed parking stalls; `ml -2- c. That the subject site be limited to a Day Care Centre; d. That the Day Care Centre be limited to a maximum of 30 children; EXECUTIVE SUMMARY During the January 17, 2023, meeting of the Planning Advisory Committee (PAC), the Committee reviewed the rezoning application for the property at 157 Starburst Lane. PAC approved staff recommendation but indicated they if the applicant were to arrange alternative offsite parking for staff and submit an updated site plan maximizing onsite parking, that Council could consider an increase to the proposed limit of 30 children. This report provides an overview and assessment of the updated information submitted by the applicant. Staff are recommending an amendment to the proposed Section 59 conditions by adding condition b which relates to detailed site plans, specifically a fence proposed by the applicant for privacy and safety. Staff are not recommending an amendment to the proposed child limit as the existing traffic concerns remain. PAC RECCOMENDATION On January 171h, 2023, Planning Advisory Committee reviewed the application to rezone 157 Starburst Lane. They voted in favour of the staff recommendation as follows: 1. That Common Council rezone a portion of a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021: a. Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and b. A design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; c. That the subject site be limited to a Day Care Centre; d. That the Day Care Centre be limited to a maximum of 30 children. REPORT On January 171h, 2023, the Planning Advisory Committee was presented with an application to rezone 157 Starburst Lane, in order to facilitate the development of a Day Care Centre. Staff's recommendation was to limit the number of children attending the Day Care Centre to 30 children. This recommendation was `PU -3- based on the limited onsite parking being proposed for the site, which would have only provided 4 parking stalls for use by both staff and parents. Concerns were raised by the applicant over the maximum occupancy being proposed, as her business would no longer be considered financially viable and she would be forced to choose which families would retain with her business. Local residents raised concerns over the limited onsite parking and safety concerns associated with the street design and functionality, including it being a dead-end street, with severely limited turn -around capability. They were concerned about the impact of the increased traffic and the safety of children if parents were attempting to drop-off or pick-up their kids while parked on the street. During the meeting, PAC considered the feedback provided by both the applicant and members of the community. PAC acknowledged the concerns of the neighbourhood in regard to parking and traffic safety, and the impact the 30 child cap would have on the applicant. Ultimately PAC voted in favour of the staff recommendation to allow for the rezoning with attached section 59 conditions concerned with the use of the site and the maximum occupancy capped at 30 children. PAC, however, determined that if the applicant were to arrange for offsite parking for her 10 existing staff, and if she could update her site plan to enhance onsite parking capacity, that staff should reassess the cap of 30 and potentially recommend to Council an increased child cap. It was felt that by removing staff parking from the site, and by enhancing onsite parking, that it could potentially address some of the concerns raised by the public. The additional information was submitted and its assessment was undertaken through the creation of this supplementary report, which reviews the proposed changes to parking and the impact on the overall traffic concerns. Parking The original site plan provided for 4 parking spaces onsite at 157 Starburst Lane, which would include two tandem parking stalls and two drop-off/pick-up stalls that would allow for parents to use to turn around. The ability for parents to utilize onsite parking is critical as it provides a mechanism for them to turnaround and vacate the street. Starburst Lane is a dead-end street that lacks a functional turnaround space and is further congested by the ability for on street parking on both sides of the street. The Zoning By-law requires 1 parking stall per 5 children for a Day Care Centre. The updated site plan provides 8 parking spaces onsite, which greatly improves the provision of parking onsite in comparison to the original site plan. Of the 8 parking stalls, 5 would be easily utilized by parents for the drop-off/pick-up MAN -4- times. These parking spaces would provide a method for leaving the site, which would reduce some of the concerns related to the road design in related to turning around on the street. The Traffic Impact Statement stated that 4-6 vehicles were present at peak times, which better aligns with the 5 unencumbered stalls being provided. With the additional parking spaces, it would functionally provide parking spaces for a 40-child daycare, based upon the established Zoning By-law requirements. A variance to the parking requirement would be required for any increase beyond a 40-child maximum. This variance would be processed by the Development Officer. The site -plan revision does help align the parking provision in comparison to other Day Care sites around the city, although other sites have better access to the property, and did not have the same traffic concerns and road design limitations that are found on the Starburst site. In addition, the applicant has secured an agreement with the Dennis Morris Community Centre, located 600m away, to provide off -site parking for 10 staff. Through this agreement, it enables the Day Care Centre to have 18 dedicated parking spaces available to staff and parents. Despite the increase in parking spaces, the site still does not meet zoning requirements for a Day Care of the proposed size the applicant is pursuing, for which it would need 10 spaces. Off -site spaces are not considered as part of the zoning requirement as the Zoning by-law requires only on -site spaces be considered. The increase in spaces does now meet the requirement of the maximum 30 occupancy that staff had recommended. The off -site parking has also been deemed not viable by City's Traffic Engineer as it does not help with the functionality of the street. Unmaintained sidewalks in the winter and low plowing priority would create a challenging walking environment for staff in the winter as they walk the 600m from the off -site parking at the Dennis Morris Community Centre to the proposed site on Starburst Lane. Through consultation with the City's Enforcement staff and General Counsel, it was determined that there is no mechanism to enforce on the use of off -site parking for staff, and use of this arrangement would be solely through an honour system. Due to these challenges, staff cannot consider this off -site parking arrangement as a viable solution to the parking and traffic concerns for the site. PAC requested that for consideration of an increased child cap, that both off -site parking arrangements for staff and a revised site plan be submitted and assessed by staff. While the applicant has submitted the required information, staff do not see it as viable to raise the maximum occupancy number. Traffic and Infrastructure liW-13 -5- 157 Starburst Lane is a dead-end street without a properly installed turnaround at the end of the street. The street is priority 4 for plowing in the winter and Starburst Lane and the broader neighbourhood are not serviced by a sidewalk plow. With the width of the street and lack of turnaround, all large trucks including snowplows, garbage trucks, deliver vans, etc. must back down the street as the street design prevents them for being able to safely turn around. This existing issue will be compounded during drop-off/pick-up times for the proposed development. The City's Traffic Engineer has stated that the location of the proposed development is expected to cause several negative effects from a transportation perspective. He stated that Common Council should give consideration to these negative effects when considering the potential approval of the rezoning. A Traffic Impact Statement was completed by a professional engineer and submitted by the applicant at the request of the City. The focus of the review was to envision how drop-off and pick-up operations will be facilitated at the site and how it will affect the traffic of the neighbourhood. The request to have dedicated on -street parking is not supported by staff because the City does not dedicate on -street parking to a specific property. Common Council may establish a short term (time -based) parking restriction via a Traffic By -Law change, but this would not be associated with a specific property and it can be used by other motorists. The Traffic Engineer has indicated that there is no indication on how the greater demand for on -street parking for this proposed development would impact the ability for existing residents to use on -street parking. Any possible issues would be compounded if the recommendation to restrict on -street parking on the opposite side of the street was undertaken. Staff also note that heavy reliance on on -street parking impacts the efficiency and/or ability to provide public services, particularly in regard to snow removal. The applicant has indicated that the current number of staff for the existing facility is 10 and that with an agreement for off -site parking, the staff have agreed to park off-street and walk to the Day Care Centre. The City's Traffic Engineer has stated that they don't believe that relying on an off -site location to satisfy parking or any of the drop-off/pick-up demand can be considered a practical solution, as it could not be guaranteed that the proposed users will completely utilize the off -site location. This is of a noted concern as none of the sidewalks connecting the off -site parking location to the proposed development are serviced during the winter and the only trail in the vicinity is also unmaintained all year round. As mentioned earlier in the report, consultation with other Service Ares has also indicated that off -site parking cannot be enforced, and it is therefore not being considered as a Section 59 Condition. -6- The Traffic Statement, with the proposed 48 child occupancy, has determined that the average amount of time spent during the morning drop-offs and evening pick-ups was 5 minutes per vehicle and that the maximum number of vehicles that were occupying drop-off and pick-up spaces was 4 during the morning peak and 6 during the evening peak with the no more than 2 vehicles parked in drop-off and pick-up spaces during the majority of the time. The revised site plan with 5 unencumbered spaces will create enough stalls to largely meet the expected traffic demand as determined by the Traffic Impact Statement with peaks of 4-6 cars during drop-off/pick-up and help with the functionality of turning around on the property. The City's Traffic Engineer, however, notes that while the additional unencumbered spaces are expected to significantly decrease the risk of the need for on -street drop-off they will not eliminate the need nor the risk of vehicles accessing the site needing to turn around at the end of this dead-end street or in a neighbouring driveway. As is the case with most traffic studies, there is no guarantee that the actual traffic demand will match predicted demand relative to supply, and any drop-off or pick-up demand that outpaces the on -site spaces, will transition the use of on - street parking and the need to secure turnaround locations. While parking has been arranged off -site, it does not negate the parking requirement for on -site parking and while the existing site plan increasing the parking capacity, existing traffic concerns cannot be eliminated. In addition, it is also noted that widening a driveway access increases the points of potential conflict between vehicles accessing the property and road users on the street. In the case of Starburst Lane, this risk is mitigated with the reduced traffic flow expected on a residential dead-end street but is elevated due to the number of vehicles that will be backing in or out of the spaces. In addition, there is an increased risk for pedestrians attempting to walk past the wider driveway access, particular for children who do to their size often are located within a driver's blind spot. Other neighbourhood Day Care Centres around the city of similar scale in similar neighborhoods have faced traffic and parking concerns as well. In most of these situations though, the streets are not dead -ends and allow for through traffic, alleviating issues with turnarounds. Other sites also had more on -site parking and had larger indoor and outdoor play space. Many also had restrictions on maximum occupancy or restrictions on the age of children attending. Variance To address concerns about drop-off/pick-up and turnaround, the applicant has proposed widening the access to the property to allow for 4 of the stalls to be side by side instead of tandem. The Zoning By-law allows for a 7.6m access on this property and the applicant is proposing to widen that to approximately 15m. This variance would be processed by a Development Officer. `[till -7- Revised Site Plan The attached revised site plan increases the proposed onsite parking from the original 4 stalls to the current proposed 8 (including 5 unencumbered spaces). This revised site plan helps to address some of the PAC and public concerns about lack of parking and the lack of space for drop-off/pick-up. The plan also contains a newly proposed fence which would encircle the property and would help reduce the risk of children interacting with vehicular traffic. During the Committee meeting PAC members and members of the public raised concerns around the safety of children. The proposed fence would allow not only for screening between the Day Care Centre and neighbouring residents but would help to prevent any children from entering the parking areas or street. Staff have recommended adding a condition to require the proposed fence be included in the site plan to be submitted by the applicant. Conclusion The proposed development conforms with the policy direction of the Municipal Plan to create complete communities and is supported by the City's Municipal Plan. While the proposal conforms with the Municipal Plan, the scale of the proposed Day Care Centre raises some concerns regarding the potential impact on the existing residential neighborhood, especially regarding Parking and Traffic. The recommendation of 30 children maximum for occupancy was made based on limitations of the site for parking and access as well as traffic concerns related to the design and functionality of the street. The recommendation was also based on a review of existing Day Care Centres across the city in regards to the scale, parking provisions, and traffic/road network. While the applicant has partially addressed the parking concerns through the creation of more on -site parking spaces to reduce the required variance, and have secured off -site parking spaces for staff, concerns remain in regards to any increased demand for on -street parking and the largely impact on the functionality of the road. Design limitations of the street and the low priority for service provision in the area (snow plowing, no sidewalk snow removal), create existing conditions that would be difficult to address. There is also large concerns from Traffic that have not been addressed by the revised parking, including turnaround, safety, and functionality of the street. While the new site plan with enhanced onsite parking and the arrangement of offsite staff parking has helped lower the impact, there will still be a large impact on the neighbourhood that can be better mitigated with the maximum occupancy of 30 children. Staff recommend approval of the PAC recommendation with amended section 59 conditions related to fencing and landscaping being included in the site plan required by the applicant and that First and Second Reading be given to the proposed rezoning. 131 -8- STRATEGIC ALIGNMENT The proposed approach aligns with the Common Council's priorities of Grow and Belong. The development also conforms to the Municipal plan and meets all requirements of the Zoning By -Law. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Feedback was solicited from Infrastructure Development Services and the City's Traffic Engineer, as well as Enforcement Services and General Counsel. ATTACHMENTS Revised Site Plan `19% r o -� 4 3� V) 4 � 9 d 6 6 Q J I 133 PLANNING ADVISORY COMMITTEE January 18, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 157 Starburst Lane On December 12, 2022, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 17, 2023 meeting. The City of Saint John Ashley King, the applicant, appeared before the Committee and expressed disagreement with the staff recommendation, saying she agreed with the rezoning of the property, but did not agree with recommended Section 59 conditions that would cap the occupancy at a maximum of 30 children. Mrs. King indicated that she would be unable to choose 30 out of the 48 families currently served by the Day Care, nor would it be financially viable to run the Day Care with under 40 children, which would lead to the Day Care closure if given a cap of 30 occupancy. Responding to questions from the committee, Mrs. King spoke of how licensing could take six months to a year and that the wait list of children for her business currently stands at 64 children. She stated she believes she will be approved by the province for 48 children based on her experience. She also spoke to how she believes the parking and drop-off space is adequate and safe. When reviewing sites, she exhausted all other options for commercial space on the West Side and could not find anything more suitable than the proposed site. Staff answered questions related to provincial licensing and the traffic and parking concerns mentioned in the Staff Report. Gordan White, a resident of Starburst Lane, appeared before the committee and spoke in opposition to the proposal. Mr. White raised concerns with traffic, Page 1 of 5 134 Ashley King 157 Starburst Land January 23, 2023 parking, and safety. He also spoke of how he fears for the children with dangers such as large vehicles, such as snow plows, having to back out of the street, a low priority (priority 4) for plowing, and impatient drivers on a narrow street. He raised concerns about current residents being unable to use the street and potential congestion during emergencies. Mr. White also mentioned a petition signed by neighbors that had not been submitted. Mathew Armstrong, a parent of a child attending the Day Care, approached the committee to express support for the application. His daughter attends the Day Care which has provided significant benefits to his family. Penelope Miller, a resident of the wider neighborhood, expressed opposition to the proposal. She expressed support for Day Cares but stated this was not the location for one. She raised concerns over the lack of transit and over the fact that winter conditions and low priority for plowing often force residents to walk on the streets, specifically students who catch a school bus near the Dennis Morris Community Center. Vicky Cullinan, a resident of Starburst Lane, approached the committee and spoke in opposition of the development. She elaborated on traffic conditions, stating that all large trucks, including garbage trucks, must back out of the street as there is no space to turn around. Pam Jackson, a resident of Starburst Lane, expressed opposition to the proposal. She read her daughter's letter aloud which stated concerns about traffic and safety, especially of the youth who reside on the street and use it to play. Andrea Leblanc, a resident of the wider neighborhood and who has a child attending the Day Care, spoke in support of the application. She stated she has faith in Mrs. King to operate this Day Care safely, that childcare is desperately needed in the city and this need will only increase if this application were not approved. Staff clarified, when asked by the Committee, that the 30 occupancy cap recommended is based on traffic and parking concerns, but PAC or Council may make amendments or changes to the staff recommendation. Madelaine Thompson, a resident of Starburst Lane, spoke in opposition of the development and indicated that the Dennis Morris Centre and the closed Milford school are more appropriate options that could accommodate a Day Care, and asked whether they had been considered. Jeremy Doucette, a parent of a child in the Day Care, approached the committee in support of the development. He raised concerns over the city not having an Page 2 of 5 135 Ashley King 157 Starburst Land January 23, 2023 adequate number of childcare spaces and lack of a plan to address the lack of spaces. He acknowledged that traffic and parking can be an annoyance, but that development is needed especially for an essential service. Dave McGowan, a resident of the larger neighborhood, spoke in support of the proposal. He acknowledged that parking is a concern, but if the option of off -site parking is available it is reasonable, as many people in uptown have similar parking situations. Norman Boucher, a resident of Starburst Lane, approached the committee to speak in opposition of the development. He spoke of concerns about property values in the neighborhood and the impact a Day Care would have on a quiet neighborhood. Greg Theriault, a parent of a child in the Day Care, approached the committee in support of the proposal. Jasmin Horde, a staff member at the Day Care, spoke in support of the development. She stated that if there was available off -site parking that staff would be willing to use that instead on on -site or on -street parking. She also spoke of faith in the parents and staff to have as little impact on the neighborhood as possible regarding traffic and parking. Kenny King, husband of the applicant, spoke in support of the development. He stated that the province decides on enrollment capacity and they abide by that, but a cap of 30 is not financially viable. He also stated they could rework the current site plan to increase parking on -site. Karen Gashan, a parent of a child attending the Day Care, spoke in support of the application. Mrs. Gashan stated that if the Day Care were to close she would be forced to leave the workplace as there are no other available spaces for her children. She is on a waitlist for her son and will not have a child care space for him until December 2024. Committee members noted to the public that the process involves a Public Hearing before Common Council where they have another opportunity to speak in support or opposition. Committee members also discussed traffic and parking concerns, including the opportunity for the applicant to arrange for off -site parking for all staff of the proposed Day Care. Members of the Committee noted they were of the opinion that the Province should set the maximum occupancy as it falls within their jurisdiction, while other members of the Committee noted that they did not think this was the correct location for a Day Care, especially one of this scale. Page 3 of 5 136 Ashley King 157 Starburst Land January 23, 2023 No other persons appeared before the Committee. Fifty-two letters were received regarding this proposal, with thirty-three letters in support and nineteen letters in opposition. Following consideration of the presentations, letters, and Staff report, the Committee adopted Staff Recommendation (3 opposed). The Committee also noted they would like to see the applicant pursue off -site parking for staff and a reworked site plan to increase on -site parking. During discussion between Staff and the Committee, it was noted that should the Day Care be able to establish an agreement regarding off -site parking for it's staff and resubmit site plan with access and parking concerns addressed, the maximum occupancy cap could be reconsidered. The committee also requested that should the applicant decide to move ahead with the development that the city's traffic engineer revisit the site's accessibility to ensure safe for the surrounding residents and the children of the Day Care. RECOMMENDATION: That Common Council rezone a portion of a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021: a. Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; b. That the subject site be limited to a Day Care Centre; c. That the Day Care Centre be limited to a maximum of 30 children. Page 4 of 5 137 Ashley King 157 Starburst Land January 23, 2023 Respectfully submitted, ex Weaver Crawford Chair Attachments Page 5 of 5 138 The City of Saint John Date: January 12, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: January 17, 2023 SUBJECT Applicant: Ashley King Landowner: Christopher Patrick Taylor & Deborah Ann Marlene Palmer Location: 157 Starburst Lane PID: 00408021 Plan Designation: Stable Residential Existing Zoning: One -Unit Residential (R1) Proposed Zoning: Community Neighbourhood Facility (CFN) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law Common Council will consider the Committee's recommendation at a public hearing on Monday, February 6, 2023. EXECUTIVE SUMMARY The applicant is proposing to rezone a parcel of land from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN) to allow for the development of a Day Care Centre. Page 1 of 10 139 Ashley King 157 Starburst Lane January 12, 2023 Staff recommend approval of the rezoning, subject to recommended Section 59 conditions. The proposed conditions limit the use of the site to a Day Care Centre and limit the maximum number of children allowed in the Day Care Centre to thirty. RECOMMENDATION 1. That Common Council rezone a portion of a parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PI D Number 00408021, from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 862 square metres, located at 157 Starburst Lane, also identified as PID Number 00408021: a. Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; b. That the subject site be limited to a Day Care Centre; c. That the Day Care Centre be limited to a maximum of 30 children. DECISION HISTORY There are no relevant past decisions related to the subject site. ANALYSIS Proposal The applicant is proposing to rezone a parcel of land from One -Unit Residential (R1) to Community Neighbourhood Facility (CFN) to allow for the development of a Day Care Centre. This would require the conversion of the current single -unit residential building into a Day Care Centre. Floor plans provided by the applicant detail four main play areas for different age groups, as well as a kitchen, infant nap room, two bathrooms, office, and a cubby room. In addition, there is a basement that would act as storage and office space. An outdoor fenced in play area would be created in the backyard of the property. While the applicant has not indicated dimensions for the play area, they are subject to the minimum requirements established by the Province regarding childcare facilities. The Province will undertake its own review of the room dimensions as part of the necessary licensing process. The facility would operate from 7am-6pm, Monday through Friday and would be closed on weekends and holidays. The proponent operates the existing Butterflies and Bumblebees Day Page 2 of 10 140 Ashley King 157 Starburst Lane January 12, 2023 Care Centre on Dever Road, which needs to relocate, and they are proposing to transition the 48 current children to 157 Starburst Lane. In addition to the requirement to rezone the site, the applicant will have to satisfy all requirements established by the Province of New Brunswick as part of the required licensing and approvals process. The Province analyses the internal size of the proposed Day Care Centre as well as the outside play area. The space provided by the applicant for the Day Care Centre will determine the maximum number of children as well as the corresponding ages of the children. The requirements from the Province also determine how many staff are required for the Day Care Centre, which is derived from the age profiles of the children attending the facility. Site and Neighbourhood The subject site is located in the community of Milford, northeast of Green Head Road. The site is currently developed with a single -unit residential dwelling. The surrounding area contains a mix of low -density residential development. The site itself is zoned One -Unit Residential (R1) and sits on a dead-end road that has the potential to connect with Balmoral Court in the future. Currently the street serves 14 dwellings, with vacant land located to the north near where a future road extension could occur. The broader area contains a mixture of low -density residential zoning including One -Unit Residential, Two -Unit Residential (R2), and Mini -Home Park Residential (RP) with the Dennis Morris Community center zoned Community Neighbourhood Facility (CFN) on the corner of Balmoral Crescent and Green Head Road. Undeveloped residential land also surrounds the western and northern side of Starburst Lane. The subject site and neighbourhood are now serviced by Saint John's new FLEX transit service which means there are no scheduled rides or stops but riders can request a bus at any time or stop along the former route 13 and travel from stop to stop within the zone, or transfer at common stops on Routes 1, 15 or 12. This service will be available Monday to Friday 6:30 am until 6:30 pm. There is a sidewalk located on the west side of Starburst Lane that connects down to Green Head Road and further to Dever Road. The closest public playground is Lou Murphy Park, a 1.6 km walk from the subject site, or Dominion Park Beach which is 1.9km walk from the subject site. The Dennis Morris Community Centre is 600m by sidewalk from the subject site and also contains a playground. The closest Day Care Centres to this property are Bright Horizons at 914 Dever Road, 2.3km from the proposed site, and Little Harvard at 531 Dunn Ave and Little Harvard at 576 Havelock Street, 3.2 km and 3.4 km respectively from the proposed site. These Day Care Centres have a capacity of one -hundred -and -twenty-five spaces between them, but only 6 vacant spaces available, all of which are for after -school care. Across the city there are only forty available Day Care spaces and some of those are only for after -school care. With Bumblebees and Butterflies having to move from their current space, this puts 45 Day Care spaces at risk of being lost, all of which are allocated for pre-school age children which is in high demand. Page 3 of 10 141 Ashley King 157 Starburst Lane January 12, 2023 The proposed Day Care Centre is a use which is compatible with residential uses, as they provide childcare options within neighbourhoods. Each Day Care Centre should be considered in regard to impact to the existing neighbourhood and ensuring that conditions are established to mitigate potential land use conflicts. A restriction on capacity may lower the number of childcare spaces available, but would help ensure that the use can be incorporated into the current neighbourhood context. Municipal Plan and Rezoning Municipal Plan The site is designated as Stable Residential in the Municipal Plan. Neighbourhoods under this designation are located within the Primary Development Area and are connected to City Services. These areas have the potential to accommodate additional development at a scale and density consistent with the surrounding context and character. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The proposed development is considered appropriate and would provide childcare for the community, which is a critical component of a complete community. The proximity to residential areas is considered an important location criterion for childcare facilities. Policy LU-125 allows for the establishment of a Day Care Centre within the Stable Residential Area, as the policy provides latitude for childcare centres to be situated in locations that are deemed acceptable to Common Council. As the rezoning of the proposed site to Community Neighbourhood Facility (CFN) is at the discretion of Common Council, compliance with this policy is provided through the successful completion of the rezoning process. The proposal represents an opportunity to introduce local services into a suburban context and meet the demands of future population growth and childcare in this area of the City. From the analysis of conformance with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan based on the proposed uses and the building forms in the application. The scale of the proposed Day Care Centre raises some concerns regarding the potential impact on the existing residential neighbourhood. The size of the typical Day Care Centres contemplated for a residential neighbourhood within the City is typically smaller that the proposed 48 children this space would provide. Measures to mitigate potential negative impacts of a large-scale Day Care Centre operation are necessary to preserve the residential feel of the neighbourhood. Although there are similar sized Day Care Centres in other residential neighbourhoods in the city that have more than 40 children, there are differences between these sites and the one proposed for this development. The size of the other sites, including outdoor play space, indoor space, and parking is generally larger and can support the needs of an increased number of staff and children. The table below provides a comparison of Day Care Centres located on the West Side, as well as a side on the East Side which is similar to the proposed development. Page 4 of 10 142 Ashley King 157 Starburst Lane January 12, 2023 Location Zone Lot Size Parking Maximum # Of Spaces Children WEST SIDE PROPOSED CFN 826 m2 4 spaces 48 BUMBLEBEES AND It's located in a residential Staff recommend BUTTERFLIES neighbourhood zoned R1 and 30. 157 Starburst Lane R2. LITTLE HARVARD CFN 1355 m2 9 spaces 45 531 Dunn Avenue It's located in a residential neighbourhood that is largely zoned R2. LITTLE HARVARD CFN 700 m2 8 spaces 60 576/578 Havelock It's located in a residential Section 59 Street neighbourhood that is largely Condition indicated zoned R2. that 50% have to be after school kids FAMILY TIES PLAY CG (General Commercial) 1858 m2 15 spaces 49 CARE It's located in a residential 251 Ludlow Street neighbourhood that is largely zoned R2. BRIGHT HORIZON R2 with a conditional 2062 m2 6 spaces 22 914 Dever Road (secondary) use as a Day Care. This is carried forward from the previous Zoning By-law (2011). It's located in a residential neighbourhood largely zoned R1. ANGELS R WEE DAY RM and is a non -conforming 381 m2 0 spaces. 24 CARE use having been approved Granted 325 Prince Street under a previous Zoning By- through a law (1996). It's located in a variance. residential neighbourhood largely zoned R2 and RM. MOST COMPAIRABLE DAY CARE (EAST SIDE) CHERYLS HOME CFN 850 m2 5 spaces, 45 AWAY FROM HOME It's located in a residential with 2 50% have to be 79 Edith Avenue neighbourhood largely zoned access after school kids R2. points aged 5-12. Cheryl's Home Away from Home at 79 Edith Avenue provides the closest comparison based on lot size and with a maximum occupancy of 45 children. From a review of air photo information, the Edith Avenue property has a slightly larger building footprint, a much larger outdoor play area, and large u-shaped drop off area which contains 5 parking spaces. This is a variance from the 12 spaces required per the Zoning By-law. This Day Care Centre also has a Section 59 condition that limits the occupancy to 45 children and requires that 50% of the childcare spaces Page 5 of 10 143 Ashley King 157 Starburst Lane January 12, 2023 be solely used for after school care. The provision of after -school care spaces would reduce the traffic generated during the morning drop-off period and would lessen the staffing needs of the operation, as the staff to child ratio changes based on the age of the children. While Edith has the larger maximum occupancy number of 45 for a similar site, staff are recommending that Starburst puts the capacity at 30 children due to the fact Edith has the condition around the age of children meaning half their occupancy spends approximately a quarter of the time younger children would in the space which alleviates traffic and noise. While Starburst could theoretically have a similar condition, the applicant in this situation does not provide after -school care with all the clients being under school age, which means such a condition would not meet the needs of the applicant. While Day Care Centres are generally considered to be appropriate in residential areas and the number of children occupying a centre is determined by the Provincial Government which will not complete an analysis of this application until after renovations, given the size of the proposed site and the onsite parking limitations, it is appropriate in this neighbourhood context to limit the number of children at the Day Care Centre. This will limit the number of parking spaces required for the Day Care Centre and reduce the amount of client traffic to and from the site. A Day Care Centre is compatible with the vision established within the Municipal Plan, as it: • Provides densification in an area with existing municipal services. • Does not detract from the densification of Intensification Areas as it seeks to expand an established neighbourhood. Staff note the property will not see any changes to the external building and thus continues to align with the neighbourhood design context and built form. The proposal represents an opportunity to introduce additional density into a suburban context to meet the demands of future population growth and evolving housing needs in this area of the City and the broader community. From the analysis of conformance with the Municipal Plan Policies (Attachment 2), staff are of the opinion that the proposed development achieves the intent of the Municipal Plan if given Section 59 conditions to address concerns regarding the impact to the surrounding residential community. Zoning By -Law The site is zoned One -Unit Residential (R1) and the applicant has proposed to rezone the land to the Community Neighbourhood Facility (CFN) Zone, which is an appropriate zone for a Day Care Centre in a neighbourhood context. The proposal, as presented, conforms to the standards of the CFN zone with the exception of the parking requirements. The Zoning By -Law requires 1 parking space per 5 children for a Day Care Centre. The site can accommodate four parking spaces, two which are to be used by staff and the other two which are to be used by parents dropping off and picking up their children. Page 6 of 10 144 Ashley King 157 Starburst Lane January 12, 2023 The applicant has proposed to allow 48 children in the Day Care Centre with 7-9 staff members, which would require 10 parking stalls on -site according to the Zoning By-law. Due to limitations of current site design, there is no room to expand the proposed parking. On - street parking is available on Starburst Lane on both sides of the street but cannot be dedicated to a specific site and is not meant to replace the requirements of on -site parking required by the zoning by-law. A variance is required to reduce the number of parking stalls to the four spaces being proposed on the site plan. This variance can be processed by the Development Officer if the rezoning is completed. Staff are proposing a limit of 30 children maximum be allowed which would reduce the required number of parking stalls from ten to six on -site spaces. A variance to change that to the four proposed on -site stalls would be a reasonable variance. Infrastructure and Traffic A Traffic Impact Statement was completed by a professional engineer and submitted by the applicant at the request of the City. The focus of the review was to envision how drop-off and pick-up operations will be facilitated at the site and how it will affect the traffic of the neighbourhood. Starburst Lane is a two-lane, two-way, local dead-end street that permits parking on both sides with a concrete sidewalk along its west side. The traffic study, based on the current site with the proposed occupancy, has determined that the average amount of time spent during the morning drop-offs and evening pick-ups was 5 minutes per vehicle and that the maximum number of vehicles that were occupying drop-off and pick-up spaces was 4 during the morning peak and 6 during the evening peak with the no more than 2 vehicles parked in drop-off and pick-up spaces during the majority of the time. Due to limitations of the site, there would only be 2 on -site parking spaces provided for staff, which would be blocked in by drop-off and pick-up spaces, but which was deemed acceptable by the study. 2 drop-off/pick-up spaces will be reserved on -site at the end of the driveway which would also serve as a turn -around to exit the site. The recommendations of the study were to have two on -site parking spaces (for staff use), two on -site drop-off/pick-up spaces, and then to use off -site street parking for the overflow for those using the proposed Day Care Centre. The study also indicated that dedicated on street parking stalls should be provided in front of 157 Starburst Lane and in front of an adjacent property, and that parking be prohibited on the east side of the street as a mechanism to reduce congestion. On -street parking would be required for all overflow associated with drop-off/pick-up spaces and for additional staff needs. The applicant has indicated that the current number of staff for the existing facility is 7-9 individuals, which indicates that 5-7 staff will be required to park on the street during business hours. While provincial regulations only require 4-6 staff depending on the age of the children in attendance, this is still more staff than on -site parking spaces being provided. Although recommended by the Traffic Impact Study, on -street parking spaces located within a Public Street right-of-way cannot be allocated for the exclusive use of a specific property. Infrastructure Development notes that through an amendment to the City's Traffic By-law, Page 7 of 10 145 Ashley King 157 Starburst Lane January 12, 2023 Council may establish a short-term parking time restriction to limit the use of an on -street parking area for drop-off/pick-up. However, such a change and the proposal to restrict parking on the east side of Starburst Lane to ease potential traffic congestion associated with the proposed development would require the consideration of Public Works and Transportation Staff and Common Council through an amendment to the Traffic By -Law. Through the analysis above, Traffic and Infrastructure has concluded that the recommendations in the Traffic Impact Statement cannot be undertaken and that the lack of parking is a major concern. Other neighbourhood Day Care Centres around the city have faced similar traffic and parking concerns. For example, 79 Edith Avenue had a Development Officer variance to allow a reduction in the required parking from 12 spaces to 5 spaces due to limited onsite space. In these situations, while a parking variance has been granted, it has been in conjunction with restrictions of the maximum number of children allowed in the Day Care Centre as well as the age groups allowed to reduce the traffic flow to the location. These are solutions that cannot be replicated at this site Regarding public and active transportation, the subject site is now serviced by Saint John's new FLEX transit service which means there are no scheduled rides or stops but riders can request a bus at any time or stop along the former route 13 and travel from stop to stop within the zone, or transfer at common stops on Routes 1, 15 or 12. This service will be available Monday to Friday 6:30 am until 6:30 pm. In addition, there is a sidewalk located on the west side of Starburst Lane that connects down to Greenhead Road and further to Dever Road. These alternative types of transportation could be utilized by staff to reduce the parking needs of the Day Care Centre. Fire and Emergency Services Fire and Emergency Management Services is supportive of the overall concept and notes the development must meet or exceed all requirements of the 2015 National Building and Fire Codes. Fire safety plans will be required for the construction and occupancy stages of the project and the building design is subject to review and approval by the Provincial Office of the Fire Marshall as required by the provincial Fire Prevention Act. Proposed Section 59 Conditions Staff recommend a Section 59 condition limiting the use of the site to a Day Care Centre and limiting the maximum occupancy of children to 30, which will address the limited parking and potential impacts to the neighbourhood. While a traffic impact statement has been made by a professional engineering group, Traffic and Infrastructure have determined that many of their recommendations cannot be undertaken and there is a major concern around available parking. The Zoning By-law requires a minimum of 1 parking space per 5 children in a Day Care Centre. While a Development Officer variance can be considered to reduce the number of required spaces, the variance must be reasonable and have a limited impact on the surrounding neighbourhood. Page 8 of 10 146 Ashley King 157 Starburst Lane January 12, 2023 The applicant has proposed 48 children at the site which would require 10 parking spaces, but due to the limitations of the site, only 4 spaces can be provided onsite. There is the possibility of off -site street parking but to help address concerns over the impact that street parking and traffic would have on the neighbourhood, staff recommend limiting the number of children to help decrease the number of parking spaces needed and to limit the traffic impact on the dead-end street. The proposed Section 59 condition of limiting maximum occupancy has been utilized in similar Day Care Centres located throughout the City, largely for those situated in residential neighbourhoods with limited means to provide onsite parking. Conclusion Staff recommend rezoning to establish the proposed Day Care Centre within the existing building as the placement of a Day Care Centre within a residential neighbourhood is considered a compatible use. To address the lack of onsite parking and potential impact of the use on the road network and neighbourhood integrity, staff also recommend the inclusion of section 59 conditions limiting the maximum number of children to 30. While Day Care Centres are generally considered to be appropriate in residential areas and the number of children occupancy is determined by the Provincial Government, given the site limitations in regard to parking and for the provision of drop-off/pick-up areas, it is appropriate to limit the number of children at the Day Care Centre to limit the impact on the surrounding properties. This will limit the number of parking spaces required for the Day Care Centre and will reduce the amount of client traffic to and from the site. Staff recommend that assent be given to the proposed rezoning with Section 59 conditions regarding the maximum number of occupancy to 30 children. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 3, 2023. Notice of the rezoning was posted on the City of Saint John website on January 9, 2023. The applicant also conducted community engagement and engaged with residents to ask about concerns regarding the proposed rezoning and development. APPROVALS AND CONTACT Manager I Commissioner Jennifer Kirchner, RPP, MCIP I Jacqueline Hamilton, MCIP, RPP Contact: Yeva Mattson Telephone: (506) 721-8453 Page 9 of 10 147 Ashley King 157 Starburst Lane January 12, 2023 Email: yeva.mattson@saintjohn.ca Application: 22-0260 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 10 of 10 148 _ 5 J � 5 'y5 iy •',y 'yy 5 5iy 'yy y 5 5 5 5 5 5 y 5y 5 FU i Q .C: N I co cn i co (n LO 4 TV 6t a E 00 O O T LO N v N O N O 0 C7 a- ry T- C14 cu a- 00 Lo > c > �E O _ N O o .E N N O N N U L ^� n `:tf v) � U N (D 0- 0 0- C/) m /^ n CL .0 .C: 1 7-5 Km E Y 5 E U F, O U U U N 0 U _T U U � U 0 a L U N - N 0 m � p o 0 C7 `m 0 N r O m W O `x x m O W (1) U) D 70 c� J N LL N N O N N W,, :!L LO Attachment 1: Site Photography Photo: Subject Site (looking towards parking, drop-off, and toddler entrance based on site plan) Photo: Subject site (looking at infant entrance based on site plans) `M Photo: Starburst Lane looking North (towards dead-end) Photo: Starburst Lane looking South (Towards Riverhill Drive) MV 3 a) a) O N -p ao +, � 4O U s+ c s -a +s s co N � °' o C o 0 3 C +� � c Q- a) r� E s � a a) O o O� a) an — co +� -� U co o c +� a) N U c O v� 7 U co u 7 +� '6 CLO v� CL f6 O °� o C _aa) W s p o .� N o +, c — s EO a) Q co s +- O 4-1U E co O,, +1 �' 'a u u co U ca C s v_� OM o s c 4-14-1'0 E c >p 0 I 0 N ao as-' a) N > � a) p co co N ° } 'a 7 ° cn co Z ca ° co s E > s a) > ) s CL ° >cNsco ai ia E o Z u p ° p4-1 4-1 a U N° O °s 5 Q > Q N �° cv s .� s o o> m o o � o � a� > o 'a�i 4-1 Q)c a o E O a o s .° x oa- a) c E° � C a) (a N w s uO �6oa .+n OL 4-1._ s L 4-1O Q 4-1S ate, a) i O a) 'a N O + C +, � a) C VI > a) f6 _ UO a) s O s +� -p p 7 a) s 4-1' a) >. m -p E p dA U H u u a) a) > (UO -0-aj -0'6 J Oa) a) C 'p f6 7 C VI — v� a) E Q f6 C a) •� +' A `� O Q ton fp S i ton � � ttA 4-1 i Q E E p L p Q- Q O-0 p a) O � }' +� C z Q E O � c0 +, C U p O Q dA 7 O Q 'a 7 Q O Q i O O O� s '> O c0 O s 0 s s N v) a) p >. 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U •X _� � � ca 0 U 0 co v o O IE 4--j CL 0 i cn `� CL U O CL ('a L •— Q H H V O m I u � � O O � ca � ro Ul) O O �■■r � � CAA o 0 0 -0 •— � Q ca cry M � V V O .� O cn U LU Un cu Q) N O N M 0 N O1 i C� c� ca � +- N 0.0 Lr) Q � O CL C� CL O �m m Ul-0 V V O V) Q c 0 c m E E 0 a� 0 N N U a 8 a O wo From: OneStoo To: Mattson. Yeva Cc: Plannina Admin Subject: FW: Rezoning for Daycare - Ashley King Date: December 29, 2022 1:27:49 PM Attachments: imaae002.ona Email in favor. Sincerely, t-&- IRWwr SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant/Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: LeBlanc, Andrea <Andrea.LeBlanc@dfo-mpo.gc.ca> Sent: December 29, 2022 11:19 AM To: OneStop <onestop@saintjohn.ca> Cc: ashley_king2001@hotmail.com Subject: Rezoning for Daycare - Ashley King [ 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 snamsamnle(cr�.s�aint�john.ca or contact IT Service Desk at 649-6047. * * Good morning, I am writing to you today to show my support for rezoning 157 Starburst Lane to allow for a daycare center to relocate— Butterflies and Bumblebees owned and operated by Ashley King. I am a resident of the neighborhood, living on Riverhill Drive for most of my life and my 2.5 year old daughter is also enrolled at Butterflies and Bumblebees. One of the biggest comments that I always hear from my neighbors is: "I saw the kids walking with daycare today, it made my day to see them .." This area is a family community/neighborhood, a daycare in the mix would provide smiles and happiness to the residents, as well it would help all of us working parents know that their kids are in good hands in a great area. My elderly grandparents and 2 uncles live on Riverhill Drive and they are in support of seeing a Daycare in our community. I hope that you take the time to review Ashley's application in depth and give her the support she required to continue to provide this service to so many thankful families. Kind Regards, �UP, Design & Review Specialist, Aids to Navigation Canadian Coast Guard / Government of Canada andrea.leblanc(@dfo-mpo.gc.ca / Tel: 902-448-7670 anad'W `rc1 From: OneSton To: Mattson. Yeva Subject: FW:: Rezoning of 157 Starburst Lane/Daycare Closure Date: January 9, 2023 1:17:31 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, p4--- SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Karen Gatien <gatien13@hotmail.com> Sent: January 4, 2023 7:09 PM To: OneStop <onestop@saintjohn.ca> Subject:: Rezoning of 157 Starburst Lane/Daycare Closure [ 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 snamsa=leasaintjohn.ca or contact IT Service Desk at 649-6047. * * I am writing to express my support for the rezoning of 157 Starburst Lane to a commercial zone for the purpose of moving Butterflies and Bumblebees Learning Centre to the premises. I am writing to you as a very concerned parent of a child that currently attends the daycare and of a baby who is on their waiting list. MAN I would like to start by saying that while this rezoning request may not be ideal, all other options have been exhausted. There are little to no commercial real estate properties available on the west side let alone any that are suited to house a daycare. It is absolutely essential that Butterflies & Bumblebees daycare be located on the west side. The reasons for which reasons include but are not limited to: travel time, cost of transportation and fuel, maintaining the existing sense of community the children have with local business (example Dorians, Tim Hortons etc.), building relationships of the children in the area. Additionally the west side locations allows for ease of access to this essential service, this is critical given one of the main traffic routes is closed due to bridge construction for 8 months of the year. There is no denying that rezoning this property could result in challenges for the surrounding neighbours, however there will be costly and long lasting ripple effects of closing the day care. Effects which will also negatively affect their community. The impact a closed daycare will have on the already taxed daycare situation in the city, will most certainly impact the community, local businesses, the day care owners, the parents of the children who attend the daycare, the day care employees and most of all the children who attend the daycare. In addition to the children who currently attend the day care, Butterflies and Bumblebees currently have 61 children on their baby waitlist. By not rezoning this property, the day care will be forced to close, resulting in the current attending children as well as the 61 waitlisted children be added to the bottom of a waitlist at an already taxed and challenged day care facility. As you may know the ratio allowance is only 3 babies to 1 adult which has resulting in slow moving waitlists. This will result in a waiting period that will exceed the 6 months until my second child is expected to attend and I am expected to return to work. The system is stressed to the extent that the owner of Butterflies and Bumblebees was the second person I informed I was pregnant to ensure my son would be added to their waitlist immediately. The current situation related to day care access has reached a critical point wherein other daycares in the area have stopped compiling waitlists. The backlog of children waiting to be accepted is resulting in children aging out before they would be admitted to a daycare. The average waitlist daycares in the city is 1-2 years. If those waitlists were to increase by 113 it would result in consequences including parents being forced to leave the workforce, and significant disruption the learning and development of the children currently attending Butterflies and Bumblebees. The reality of this situation is, without the rezoning of this property there will be over 40+ families who will be so greatly impacted it would have life altering consequences. While this may sounds like an exaggeration I assure it is not. The repercussions of the closure on these families and the employees of the day care will be felt for years. Myself and my husband both work full time in an office where working from home with a baby and a small child is simply not an option. If this daycare were to close we would have no other option than for one of us to leave the workforce. As anyone in this current economy can attest, that is simply not an option, we simply cannot afford to be a single income family while paying for a mortgage, ever increasing property taxes, groceries, utilities, insurance etc. This impacts not only my family but also Saint John as this would decrease taxes paid, money spent in the community and leaves my employer short staffed. This would be a similar situation for many of the 40+ families. The magnitude of this closure will not just be felt by the families of the daycare but also the surrounding communities. They support local business via fundraisers (Java Moose as an example), purchasing food ( pizza from Dominos and treats from Tim Hortons), and buying toys from local vendors. They helped create Christmas decorations for Dorians Christmas display, they have sent Christmas cards to veterans, the daycare employs a number of workers, and allows parents to work. Paramount to this, this potential closure most greatly impacts the children. If the daycare were to close the children who have been together since they were babies and have developed close bonds will be split up. They have a community within the daycare and have developed relationships that have lasted the majority of their life. Their lives will be upended by having to go to a new strange environment they are not accustomed to or having to stay home with their parents where they will be isolated from their friends and other children. This will impact their mental and social development. Saint John needs not only more daycares, it needs this daycare. The owners and staff go far beyond what is required to run a daycare. They treat the children as their own, I could not imagine sending my children anywhere else. If the rezoning is denyed it will have a negative net effect on hundreds of people and the economic impact of Saint John. Sincerely Karen Gatien 506-657-6830 `rrA `rE:1 From: OneStoo To: Mattson. Yeva Subject: FW: Ashley King - Butterflies & Bumblebees Date: January 4, 2023 8:38:30 AM Attachments: imaae001.ona Another letter. Sincerely, ( 4 —�— SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Erin Miller <ELBrewing@hotmail.com> Sent: January 3, 2023 6:57 PM To: OneStop <onestop@saintjohn.ca> Subject: Ashley King - Butterflies & Bumblebees [ 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 snamsa=leasainfjohn.ca or contact IT Service Desk at 649-6047. * * Good evening, I am writing to you as a parent of a child currently attending Butterflies & Bumblebees Early Learning Center. It has come to my attention that the current owner, Ashley King, is being evicted from her current location due to an apartment development, and is seeking the rezoning of 157 Starburst Lane so she can convert it to an Early Learning Center. I agree that housing is a major issue in our city, however the need for childcare is a major issue as well. I know just how few spaces are abailable for children because my 4 year old son currently attends this daycare while my 20 month old son is still awaiting a space to open up at one of the daycares centers he in on a waiting list for, including Butterflies & Bumblebees. I am a 36 year old woman who, up until getting pregnant with my second child, worked since turning 15. Now I cannot return to the workforce due to the lack of childcare spaces already available in this city. The home on Starburst Lane is a fantastic location for a daycare and it would allow for Ashley and her great group of educators to continue to look after our children and not add multiple more children to wait lists throughout the city. Without the approval of this rezoning, many parents will be left with no choice but to leave the workforce and stay home with their children. This is not something that would benefit our city in any way, I think you will agree. I beg of you to please consider the larger picture when making your rezoning decision for the house located at 157 Starburst Lane, Saint John. Thank you for your time, Erin Miller Very concerned parent `E:ii1 From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King - Butterflies and Bumble Bees Daycare Date: January 10, 2023 10:48:07 AM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 10:46 AM To: Radtke, Travis <Travis.Radtke@saintjohn.ca>; Planning Admin <planningadmin @saintjohn.ca> Subject: FW: Ashley King - Butterflies and Bumble Bees Daycare From: Sarah Collins <sarahemcollinsna gmail.com> Sent: January 9, 2023 11:39 AM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King - Butterflies and Bumble Bees Daycare [ 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 snalnsam 1> e �saintjohn.ca or contact IT Service Desk at 649-6047. * * Good day, I'm an writting as a full time working mother of 2 little girls that depend on this daycare. If the new location is rezoned my children will have care when I can not as I work full time, they will stay with the only friends they have ever know, they will keep their routine, they are so loved and receive the up most of care from the workers at this Center. I work in, shop in and have lived the majority of my life in Saint John, we need this Myself and a lot of other family's struggle to find child care in this city and if this Center closes there will be around 50 family's that will be drastically impacted. Please , let this be rezoned, for our children. Thank you From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King - Daycare rezoning Date: January 10, 2023 10:13:30 AM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 9:49 AM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King - Daycare rezoning From: Bishop, Krisanne (Saint John) <kbishopna coxandpalmer.com> Sent: January 9, 2023 11:13 AM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King - Daycare rezoning [ 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 snalnsam 1> e �saintjohn.ca or contact IT Service Desk at 649-6047. * * Good morning: I am writing to you today in support of Ashley King's request to rezone property located in Milford for the Butterflies and Bumblebees daycare. I am sure that council is aware of the childcare shortage in the city at present. When I was on maternity leave in 2020, 1 was not able to secure a daycare spot until 3 weeks before I was scheduled to return to work, and I consider myself lucky. This was not for lack of trying. I had put myself on waitlists over a year earlier and was not hearing back from anyone until I got the call from Ashley. When I was coming back after my second child, the situation had only gotten worse. The city cannot afford to lose daycare spots. More importantly, women cannot afford to lose daycare spots. If I had not gotten a spot at Butterflies and Bumblebees, I would have had to delay my return to work, cutting my household income in half. This pandemic, and the lack of childcare available has driven women out of the workplace and that needs to be taken seriously. Ashley and Kenny run an exceptional daycare. They are caring, and diligent and I trust them completely with my children. Their service allows me to have a career without the stress of wondering whether my children are being properly cared for. I know that they are. I understand that Ashley has been working hard to find a space that will work. She has explored commercial options with a realtor with no luck, unable to find something that she can make work within the parameters set for her by the province. This home is the only option she has found, and I think it is a great one. I ask that you please consider all of the families affected by your decision, and rest assured that Ashley has done her due diligence and will continue to work hard to comply with any requests that you have. Thank you, Krisanne Bishop she/her Lawyer I Cox & Palmer P 506 633 2742 E kbishop(a coxandpalmer.com F 506 632 8809 Brunswick Square, 1500 - 1 Germain Street, Saint John, NB E21L 4V1 This email (including any attachments) is confidential and is intended only for the use of the addressee(s). The contents may contain personal and/or privileged information. Receipt of this e-mail by anyone other than the intended recipient(s) does not constitute waiver of any privilege. If you have received this email in error, do not distribute, copy, disclose, or use this email. Please notify the sender immediately, and delete all versions of this email and any attachments. `E:ic3 From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King and the re -zoning of 157 Starburst Lane Date: January 10, 2023 12:39:02 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:14 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King and the re -zoning of 157 Starburst Lane From: Kristen J. Fulton <kfultonna stewartmckelvey.com> Sent: January 9, 2023 3:18 PM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King and the re -zoning of 157 Starburst Lane [ 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 snalnsam 1> e �saintjohn.ca or contact IT Service Desk at 649-6047. * * Good afternoon, I am writing in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). My son, Miles, attends Butterflies and Bumblebees daycare which is currently located 661 Dever Road in Saint John. Ms. King has informed all of the parents of children who attend this facility that the daycare's landlord is selling the current facility and she has been in the process of locating an alternate location for some time. If this location is not re -zoned, the daycare facility will close permanently. My son has attended the facility since he was 12 months old. Our experience over the past year with Ms. King and her staff has been wonderful. Our son truly loves his daycare and the staff who provide him care. It is imperative for the families who attend this daycare to have continued access to child care services, which are nearly impossible to secure in the City of Saint John. We urge you to approve this application so that Miles (and the 48 other families who attend the facility) can continue to receive daycare services in a safe, supportive environment which is close to his home. Regards, Kristen 4YSTEWART Mc ELVE L AV. Y::F-RS • A'VOC ATS Kristen J. Fulton Associate D: 506.632.2791 C: 506.639.1215 kfu Ito n (a)stewa rtmcke Ivey. com stewartmckelvey.com *********************************** This e-mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records. Ce courriel (y compris les pieces jointes) est confidentiel et peut etre privilegie. La distribution ou la divulgation non autorisee de ce courriel est interdite. Sa divulgation a toute personne autre que son destinataire ne constitue pas une renonciation de privilege. Si vous avez regu ce courriel par erreur, veuillez nous aviser et eliminer ce courriel, ainsi que les pieces jointes, de votre systeme informatique et de vos dossiers. `F-1191 `E:N From: Plannino Admin To: Mattson, Yeva Subject: FW: Ashley King rezoning application Date: January 10, 2023 12:40:19 PM -----Original Message ----- From: OneStop <onestop(osaintjohn.ca> Sent: January 10, 2023 12:23 PM To: Planning Admin <planningadmin(0sain1john.ca>; Radtke, Travis <Travis_Radtke@saintjohn.ca> Subject: FW: Ashley King rezoning application -----Original Message ----- From: Rachelle Fulton <rachelle_fulton(a hotmail.com> Sent: January 9, 2023 10:13 PM To: OneStop <onestop(osaintjohn.ca> Subject: Ashley King rezoning application [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample(osaintjohn.ca or contact IT Service Desk at 649- 6047. * * Hello, My name is Rachelle Armstrong and I'm writing in support of Ashley King and her application to rezone the residential dwelling at 157 Starburst lane to allow this space to become the new home for Ashley's early childhood education center named Butterflies and Bumblebees. Ashley and her staff has truly made this center one that I am proud to say my daughter attends. I have seen so much progress in her education as they make sure to include all the different curriculum objectives. It has helped her develop socially as she gets to see all her friends everyday. It has been a constant for her that she truly enjoys and loves to go to. When deciding about this application, I want you to think of us, the families that this center services. There are approximately 48 families, and many of us rely on this childcare to be able to work. If this does not get approved, many of us will suffer as wait lists are long at approved early childhood education centres. Some may have to leave the workforce if they cannot find appropriate childcare for their child if this center has to close its doors due to not having a dwelling for the center_ These families will suffer financially and emotionally. Our children will suffer as this center and it's staff has been a constant for them in this ever changing world that has been hit by the pandemic over the last couple of years. My child has made friends in her class that she will miss dearly if they are not allowed to stay together. Next I ask you think of the staff of the center. These staff members are devoted to providing a very warm and welcoming atmosphere that focuses on childhood learning. These staff members work hard everyday to provide exceptional care for our children, and there is no question that they succeed at this. My daughter comes home everyday with a smile on her face and a wave goodbye to her educators. They have welcomed us in and we feel like family. They are always so thoughtful, kind and helpful should I have any questions regarding my child. These staff are able to use their education and are provided with a great place to work and will lose their position if this rezoning application does not go through_ This would be another hit to our workforce here in New Brunswick and financial stress while awaiting another career opportunity. Lastly, I want you to think of Ashley King. This woman saw a need for childcare on the west side of Saint John, and decided to become a small business owner and open up a childcare center. She has won awards for how exceptional her center is run and that is a testament to her and her achievements. She has been there to answer any questions I might have as new policies and procedures have been put into place these past years and ensures she keeps everything up to date as possible_ This center truly has an amazing owner who is very professional, but also exceptionally kind and caring when it comes to the families she services. When finding out that her current residence for her center would no longer be available due to someone purchasing the current building, she has worked tirelessly to find somewhere that fits all the criteria she requires, while also staying on the west side_ She has found a dwelling that checks all the boxes, except that it is a residential space instead of one that can house this center. To lose all the hard work she has put in to make this center thrive would be a true loss if she cannot find a dwelling for it. The loss of the current dwelling of this center is not something that could have been avoided but this rezoning would provide the relief needed to her that she will continue to be allowed to have a successful business. Please strongly consider this application for rezoning and approve it as without it, the future of this center is uncertain. The future of our children and their families childcare needs depend on it. The staff and owners financial responsibilities depends on it. Thank you for your time, Rachelle Armstrong `E:1:3 From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King- Rezoning Application Date: January 10, 2023 12:38:58 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:13 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King- Rezoning Application From: Hilary Shannon <hilary.shannonna live.com> Sent: January 9, 2023 2:27 PM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King- Rezoning Application [ 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 spamsampleasaintjohn.ca or contact IT Service Desk at 649-6047. * * Hello, I am writing in support of Ashley King and her application for rezoning of the new location of her daycare, Butterflies and Bumblebees. My daughter attends the daycare and it is of the upmost importance to me as well as the other parents and employees of the daycare that the rezoning application be approved. There is a critical shortage of daycare facilities and openings for children in this city but especially on the west side and surrounding areas. My daughter was on a waitlist for a year and a half at four other facilities before her spot at Butterflies and Bumblebees became available. If the daycare were to close that would leave 48 families now scrambling to find care in a system where the lists are already years long. I can speak to the way the daycare is run. Ashley and her staff are incredibly professional. My oldest attended a few different daycares before starting school and I can honestly say I have never seen one run so well. The centre is always impeccable clean which includes the outside play area as well. I personally see no downside to allowing the daycare to operate in this new location. I grew up in the neighborhood and know it to be very family friendly so I would assume having a daycare in the area would be of benefit to its residents. iIE:1:7 Thank you for taking the time to consider my support of the rezoning application submitted by Ashley King. Sincerely, Hilary Shannon iIRM From: Plannino Admin To: Mattson, Yeva Subject: FW: Ashley King rezoning Date: January 10, 2023 9:09:23 AM -----Original Message ----- From: OneStop <onestop?a saintjohn.ca> Sent: January 10, 2023 9:06 AM To: Planning Admin <planningadmin(0sain1john.ca>; Radtke, Travis <Travis_Radtke(0saintjohn.ca> Subject: FW: Ashley King rezoning -----Original Message ----- From: Kate -Lyn <brooks.kateghotmail.com> Sent: January 9, 2023 10:11 AM To: OneStop <onestop(osaintjohn.ca> Subject: Re: Ashley King rezoning [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample(osaintjohn.ca or contact IT Service Desk at 649- 6047. * * Hello, Ashley King is the owner/operator of the early childhood education (ECE) centre that my children attend. Butterflies and bumblebees is a beautiful, engaging, and nurturing environment for the 40+ children that attend. If her rezoning request was denied it would leave families without childcare, parents unable to work, the wonderful educators that work there would lose there jobs. Waitlists for daycares are impossible, even more so if you have children under 2. One of my children is under 2, and I would be unable to find a daycare to take him for 6+ months. I would be unable to work until then, and the already failing healthcare system would be short staffed again. There's also no guarantee that both my children would be able to attend the same location. This would be the case for every family that is currently enrolled or waitlisted for Butterflies and Bumblebees daycare. Ashley and the staff are hardworking, encouraging, and determined. I am forever grateful for the love they share with not just my children but all of the children that attend. It is paramount that her request be approved, for my family, the other families, the staff, and Ashley herself. Signed, Kate -Lyn Tibbet: a very stressed mother of 2 small children. Sent from my iPhone ` eli From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King Date: January 10, 2023 12:39:54 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:19 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King From: G M <murdie.ginaC@gmail.com> Sent: January 9, 2023 6:39 PM To: OneStop <onestopC@saintiohn.ca> Subject: Ashley King [ 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 snalnsampl�saintjohn.ca or contact IT Service Desk at 649-6047. * * Good evening, I am writing in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). My child, Oliver, attends Butterflies and Bumblebees daycare which is currently located 661 Dever Road in Saint John. Ms. King has informed all of the parents of children who attend this facility that the daycare's landlord is selling the current facility and she has been in the process of locating an alternate location for some time. If this location is not re -zoned, the daycare facility will close permanently. It is imperative for the families who attend this daycare to have continued access to child care services, which are nearly impossible to secure in the City of Saint John. Our experience with Ms. King and her staff has been wonderful. My child truly loves his daycare and the staff who provide him care. We urge you to approve this application so that the 48 families who attend the facility can continue to receive daycare services in a safe, supportive environment near our homes. Regards, Gina Murdie `&ON From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King Date: January 10, 2023 12:39:59 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:20 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King From: murdie.ieffna gmail.com <murdie.ieffna gmail.com> Sent: January 9, 2023 7:48 PM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King [ 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 snalnsampl�saintjohn.ca or contact IT Service Desk at 649-6047. * * Good evening, I am writing in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). My child, Oliver, attends Butterflies and Bumblebees daycare which is currently located 661 Dever Road in Saint John. Ms. King has informed all of the parents of children who attend this facility that the daycare's landlord is selling the current facility and she has been in the process of locating an alternate location for some time. If this location is not re -zoned, the daycare facility will close permanently. It is imperative for the families who attend this daycare to have continued access to child care services, which are nearly impossible to secure in the City of Saint John. Our experience with Ms. King and her staff has been wonderful. My child truly loves his daycare and the staff who provide him care. We urge you to approve this application so that the 48 families who attend the facility can continue to receive daycare services in a safe, supportive environment near our homes. Regards, fflez"! Jeff M urdie iLol7 From: Planning Admin To: Mattson. Yeva Subject: FW: Ashley King Date: January 10, 2023 12:40:24 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:23 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Ashley King From: Geoff Wilcox <geoffreybwilcoxna gmail.com> Sent: January 9, 2023 7:00 PM To: OneStop <onestopna saintiohn.ca> Subject: Ashley King [ 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 snalnsampl�saintjohn.ca or contact IT Service Desk at 649-6047. * * Good afternoon, I am writing in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). My child, Ella Wilcox, attends Butterflies and Bumblebees daycare which is currently located 661 Dever Road in Saint John. If this location is not re -zoned, the daycare facility will close permanently. Her monther, Jessica Barber, also works at Butterflies and Bumblebees. We would lose both a daycare service for our daughter as well as an income. It is imperative for the families who attend this daycare to have continued access to child care services, which are nearly impossible to secure in the City of Saint John. Ms. King and her staff have been wonderful. My child truly loves her daycare and the staff who provide her care. We urge you to approve this application so that the 48 families who attend the facility can continue to receive daycare services in a safe, supportive environment near our homes. Regards, iL61.1 Geoff Wilcox `LOtl From: OneStop To: Mattson, Yeva Subject: FW: Butterflies and bumblebees Date: January 4, 2023 8:34:45 AM Another one. Sincerely, Travis Radtke, BBA-Acc Administrative Assistant / Adjoint administratif One Stop Development Shop / Guichet unique pour Fam6nagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram -----Original Message ----- From: daniel Cullen <danscountrymarket@gmail.com> Sent: January 3, 2023 7:24 PM To: OneStop <onestopgsaintjohn.ca> Subject: Butterflies and bumblebees [ 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 spamsamplegsaintjohn.ca or contact IT Service Desk at 649- 6047. * * Good evening. It has been brought to my attention that the current location of my child's daycare Butterflies and Bumblebees will be forced to relocate their facility to make way for a multi unit apartment facility. They have exhausted all options in finding a suitable commercial location on the west side with no luck. They found a property, 157 Starbrust lane that is absolutely ideal for the service they offer. Child care is near impossible to find right now in Saint John, most daycares in the city aren't even taking new families on the wait lists because the demand is exceeding what is available. We can't lose another daycare in the city, especially westside. I hope the city will consider changing the designation of 157 Starbrust Lane form residential to commercial. Thank you for taking the time to read this email. Daniel Dans Country Market Sent from my iPhone `RU] —p op@saingoM1 cam —bl.b— d. [ E,t, —1 E, A Alnt] --Pl— — tht G� message is from . —d d— Ifit appears to be sett from . Sivt Jhn employe, pl.se fd the email t. IT Service Desk at 649-6M7.-- 10., 11 h. —ty enb—ghll— ....... d.— .1,,,k --g — bu,Id, h. been sold .,d Ilh-gh I-- - —d I— —y b—,. -h —I,gl. pl- -h y., I .,,,d., 0—,glh,, I mien and wmmebee. sinceactober,zou. ne M1a:ab,owrery nourlsbea unaermecareotn.mey and M1erream. ni: aiRicu g ow not y nnemimcare stall lwe wereonawalaistmrbuttemle.as:oon a:l m��a out) was pregnant) buteven more alRlcwtm nna s000quaury ... J.b --ly—ld —-g.V. -I, k.,.I,,I.—lh lh-,d, h, ,, I gl --d .. b- k:p':Ih.�.'I'hI�','Ipp�,'��-=7g,..=�Mlf,�yp.l�,.�,lp d.1h.1—d--b� ) i Lelle.] Weill f► el lw 203 From: OneSton To: Mattson. Yeva Subject: FW: Butterflies and Bumblebees Daycare Date: January 9, 2023 1:14:35 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, (P4___ SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Melissa Ward <mwood1982@hotmail.com> Sent: January 9, 2023 9:42 AM To: OneStop <onestop@saintjohn.ca>; ash ley_king2001@hotmaiLcom Subject: Butterflies and Bumblebees Daycare [ 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 snamsamnleasain`john.ca or contact IT Service Desk at 649-6047. * * Good morning, I have been a parent of Butterflies and Bumblebees since the year it opened with 2 of my own children and now with my nephew whom I am raising. We have done other daycares before this one with our oldest (before this one existed) and would never choose to go back to them, as long as this one is opened. Not only is this a family -run business but it is like our second family, a place where we have nothing to worry about when we drop our children off. We never have to question the care, love, and education they are teaching our little ones every day. The play structure that this center has Well in place gives every child the opportunity to learn and play the way that works best for them. Not everyone learns in the same box as the next and with the multitude of play options and centers that Ashley, Kenny, and their staff have available, it has something for everyone. My youngest, who is currently there have some struggles and has a worker with him 20 hours a week, and the way that his worker and his teachers work with him, give him the best learning experience possible. They are always working together to help him be successful for school in September. And this boy and ALL the other children LOVE Kenny and Ashley, you will often see them not just "running the daycare" they are working the floor, playing with the kids, cleaning, always helping, making sure everything is in place for a successful day and always a welcoming face and addressing any questions, we as a parent may have in a timely manner. If this daycare were to close, we would not only lose a business, we would lose a safe place for our children, who would in turn lose out on the friendships they have made and the daily interaction that they receive. We would all have a difficult time continuing to work as all of these families would be struggling to find alternate care as safe, fun, loving daycares are hard to find an opening. Please consider rezoning the new location for all of us to continue having a promising place to leave our children daily as we continue to work. This is the perfect location and I know it would be turned into exactly what we need to give our children a second, loving home when we can't be there for them. Thank you for taking the time to read this, From a very concerned parent who needs this childcare as well as my child needing this center, Melissa Ward and Kaidyn Sent from Mail for Windows W9191 From: Plannino Admin To: Mattson, Yeva Subject: FW: Day Care at 157 Starburst Lane Date: January 10, 2023 12:39:14 PM -----Original Message ----- From: OneStop <onestopgsaintjohn.ca> Sent: January 10, 2023 12:17 PM To: Planning Admin <planningadmin(0sain1john.ca>; Radtke, Travis <Travis_Radtke(0saintjohn.ca> Subject: FW: Day Care at 157 Starburst Lane -----Original Message ----- From: Madalyn Thompson <tmadalyn049(a gmail.com> Sent: January 9, 2023 4:37 PM To: OneStop <onestop(osaintjohn.ca> Subject: Day Care at 157 Starburst Lane [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample(osaintjohn.ca or contact IT Service Desk at 649- 6047. * * Hi, I am emailing regarding the daycare to be placed at 157 Starburst Lane. I personally think there should not be a daycare there because it is a dead-end street. I've lived there for majority of my life with my grandmother and my grandmother continues to still live there. Most the time in the winter the street doesn't even get ploughed till 5 PM and the ploughs have a hard time. It is a dead-end street therefore the traffic would be insane in the a.m. for residents and around supper. How will people even tum around on the street? Will they pull into my grandmother's driveway? I honestly think you should reconsider this for everyones sake. I am not opposed to a daycare in a different area, then a dead end street. Also, I think the Milford area is a bit out-of-the-way for a daycare. Please reconsider. Thanks, Madalyn Sent from my Whone WIN From: Planning Admin To: Mattson. Yeva Subject: FW: Daycare Starburst Lane Date: January 10, 2023 12:39:11 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:16 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Daycare Starburst Lane From: Heather Cronk <healthyheathernbna gmail.com> Sent: January 9, 2023 3:53 PM To: OneStop <onestopna saintiohn.ca> Subject: Daycare Starburst Lane [ 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 snamsamnleas�aintjohn.ca or contact IT Service Desk at 649-6047. * * MIG7 I am a resident of Riverhill Dr., Saint John West. I was informed of the possibility of a daycare centre opening up around the corner from us on Starburst Lane. I am writing to vocalize my concerns with this project. The street has already tight corners, plenty of traffic, and not space to accommodate some thing of this size. Starburst lane is a dead end street and is not practical for turning/moving vehicles. Our children play on these roads and already people drive much to fast. We can't afford another 30-50 vehicles, along with traffic this would create. Thank you for hearing my concerns, Heather Heather Cronk, RHNC Ph: 506-609-1512 Web:https://healthyheathernutrition.com/ MIYA From: OneSton To: Mattson. Yeva Subject: FW: Daycare Date: January 16, 2023 10:00:58 AM Attachments: imaae001.ona Sincerely, SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: dana duncan <dduncan79@hotmail.com> Sent: January 12, 2023 9:42 PM To: OneStop <onestop@saintjohn.ca> Subject: Daycare [ 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 snamsamnleasain john.ca or contact IT Service Desk at 649-6047. * * Ti whom this may concern.i myself is not in favor of a daycare on my quiet street.i do not want traffic as i have children and pets and my street is very quiet and peaceful and want to keep it that way.do not need a daycare and not in favour of it at all Sent from Outlook for Android W91-13 From: Plannino Admin To: Mattson, Yeva Subject: FW: Proposed Zoning By -Law Amendment Re: 157 Starburst Lane Date: January 10, 2023 12:39:06 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:15 PM To: Planning Admin <planningadmin @saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Proposed Zoning By -Law Amendment Re: 157 Starburst Lane From: Jeremy Doucet <irdna brentonkean.com> Sent: January 9, 2023 3:20 PM To: OneStop <onestopna saintiohn.ca> Subject: Proposed Zoning By -Law Amendment Re: 157 Starburst Lane [ 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 spamsa=lea.s�aintjohn.ca or contact IT Service Desk at 649-6047. * * Good afternoon, I am writing today in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). I write to you as a parent of a child who currently attends the Butterflies and Bumblebees Daycare, which is presently located at 661 Dever Road in Saint John. We were recently advised that the owner of this facility is in the process of selling the building. It is the plan of the new owners to repurpose this building, which will result in the closure of the daycare. Ms. King has taken great efforts to find a suitable new location to allow for the daycare to continue operations. Through these efforts she was able to locate the above noted property. However, this property must first be rezoned in order for the daycare to lawfully operate. Without this re -zoning, the daycare will be closed permanently leaving forty-eight families without daycare services. As I am sure you are aware, the Province of New Brunswick is in the midst of a daycare crisis with a severe lack of available spaces. The closure of the Butterflies and Bumblebees Daycare would only further exacerbate this crisis. This closure would also deprive these children of a safe and enriching early education facility. The Saint John Common Council recently passed one of its most ambitious annual budgets. f►�i16.1 The stated objective of this budget was to invest in the growth and success of Saint John. Without adequate childcare services, it is impossible for Saint John to grow and thrive as a municipality. Approving this re -zoning application is a small but important step towards ensuring a thriving Saint John. I implore Council to act upon its commitment to the citizens of Saint John. Thank you for consideration of this application. Best Regards, Jeremy R. Doucet Associate Direct Tel: (506) 633-2564 Email: ird(@brentonkean.com Brenton • Kean n This e-mail is confidential and may be privileged. Unauthorized disclosure is prohibited. If you have received this in error, kindly notify us. Please then delete this message and any attachments from your records. Thank you. Ce couriel est confidentiel. L'usage non autorise de cette transmission est strictement interdit. Si vous avez regu ce message par erreur, veuillez s'il-vous-plait nous aviser et detruire Ies documents envoyes sans en faire copie. Merci. Ph to] From: Planning Admin To: Mattson. Yeva Subject: FW: Regarding Daycare on Starburst Lane Date: January 10, 2023 12:39:36 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:18 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Regarding Daycare on Starburst Lane From: Emma Mcsorley <emmmcs00446C@gmail.com> Sent: January 9, 2023 5:02 PM To: OneStop <onestopC@saintiohn.ca> Subject: Regarding Daycare on Starburst Lane [ 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 spamsampleasaintjohn.ca or contact IT Service Desk at 649-6047. * * Good day, First and foremost I'd like to introduce myself. My name is Emma Mcsorley, and I live on Starburst Lane. I am most certainly not in favour of a daycare being placed on our street, I'm sure you've received a lot of emails regarding this situation and I feel living on this street that I also would like to share my feelings. As you know, Starburst lane is a dead end & therefore being snow ploughed isn't prioritized & most of the time not even ploughed until after supper time and when it is ploughed they can barley make their way up and down our street and same for garbage trucks. Not to mention there is no room for this type of traffic on our street, I am not willing to let my driveway be a pull in / out for others to ruin. We have kids that frequently play on the streets playing hockey, basketball and driving their toy cars up and down the street which is exactly how I grew up and something we all love doing which would be taken away from them due to the high traffic. The last thing I would like to mention is we have retired and elderly folks residing on Starburst Lane just interested in relaxing during summer months which would also be taken away from them too. With all due respect I feel as if Starburst Lane isn't a good option for a daycare to be placed. Thank you, 211 Emma McSorley. PA From: OneSton To: Mattson. Yeva Subject: FW: Regarding Rezoning Of Butterflies and Bumblebees Daycare Date: January 9, 2023 1:00:54 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, (p4--- SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Serena Gill <gserena1129@gmail.com> Sent: January 7, 2023 9:37 PM To: OneStop <onestop@saintjohn.ca> Subject: Regarding Rezoning Of Butterflies and Bumblebees Daycare [ 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 snamsamle(�4saintjohn.ca or contact IT Service Desk at 649-6047. * * Good Evening I'm writing you this email on behalf of Butterflies and Bumblebees Daycare. I have worked in a few different centre's since 2004 and I have never worked for such wonderful people. Ashley and Kenny go above and beyond for the children and their staff. Finding childcare now a days that are safe and still loving is hard. You know the work load that is now required for us to work makes it next to enjoyable. But here you have people that are there for those families because that's who matters.. Ph191 Not rezoning this centre leaves us without jobs and all this families without childcare.. Childcare is important as I'm sure some of you use childcare for ur own children. Wait list are beyond insane so no childcare no work and the list goes on. When making your decision keep that in mind. Think of these children and the families.. No better owners then Ashley and Kenny and they deserve the best and deserve to keep their centre's going and keep giving wonderful care to these families and many more to comes. Thank you for your time Serena Gill PAE111 215 From: Plannino Admin To: Mattson, Yeva Subject: FW: Rezoning Application 157 Starburst Lane Date: January 10, 2023 12:40:10 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:22 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Rezoning Application 157 Starburst Lane From: Jordan Ferguson <Jordan.Ferguson Plive.ca> Sent: January 9, 2023 8:12 PM To: OneStop <onestop aPsaintiohn.ca> Cc: Jordan Ferguson <iordan.ferguson @live.ca> Subject: Rezoning Application 157 Starburst Lane [ 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 snamsampleasaintjohn.ca or contact IT Service Desk at 649-6047. * * Dear the City of Saint John, This email is regarding the rezoning application on 157 Starburst Lane. As a homeowner, I had a negative experience living beside a daycare, however, I disagree with the proposal for a Daycare Centre. However, I think it is important for the City of Saint John to consider the community members who live on the street. Below the homeowner will discuss his positive and negative concerns with this proposal and how it would affect the community. There are pros and cons, however, the cons overweight the pros. On the positive side, parents could drop off their children who live nearby in the neighbourhood, however, my biggest concern is the liability. I have seen daycare establishments not run properly. For example, I had witnessed Early Childhood Educators walk into other people's properties with PAIN children to pick up toys that were thrown over the fence. This is unacceptable and disruptive to all of the neighbours who live in the area. Also, it is important to consider the safety of the children on the sidewalks, therefore, the City of Saint John is likely to have more street signs, such as reduced speed limits. During the winter weather, the City of Saint John does not plow the sidewalks. It is not the resident's responsibility to have the sidewalks cleaned. The City of Saint John must consider the noise pollution for nearby residents. Milford and Randolph are considered to be a quiet residential zone with a mixed population of elderly, young, and new families. Many community members prefer a quiet neighbourhood with reduced traffic. There is no reason why the Daycare Centre could not be rezoned for the main Greenhead Road entering Milford and Randolph. It would be near a church or Doiron's Sports Centre in the event of an emergency. Also, development beside or next to the Denis Morris Community Centre would be more appropriate for residents who live within the community. As mentioned above residents want to live in a quiet residential zone. If the City of Saint John allows more businesses to develop nearby residents are likely to move out of the region. Most importantly, within the City of Saint John, residents pay one of the highest property taxes in New Brunswick. By having a daycare, the homeowner's property value drops making it harder to sell his or her home. As a resident who lived within the Saint John region his whole life, change is good, however, the City of Saint John needs to consider new developments in the appropriate regions. The local and quiet communities should remain untouched. At the end of the day, the City of Saint John is likely to already come to a final decision. At the moment, social media platforms, such as Facebook have residents voicing his or her concerns. If the City of Saint John considers following through with this proposal, I would be considering selling my house and moving outside of the city. Thank you for taking the time to read this feedback. Best wishes, PAF-11 Jordan Ferguson 180 Riverhill Dr. Saint John, NB. From: Plannino Admin To: Mattson, Yeva Subject: FW: Rezoning application 157 Starburst Lane Date: January 11, 2023 11:21:37 AM -----Original Message ----- From: OneStop <onestopgsaintjohn.ca> Sent: January 11, 2023 10:51 AM To: Radtke, Travis <Travis.Radtke@saintjohn.ca>; Planning Admin <planningadmin@saintjohn.ca> Subject: FW: Rezoning application 157 Starburst Lane -----Original Message ----- From: vicky cullinan <vcullinan(a)jogers_com> Sent: January 11, 2023 10:40 AM To: OneStop <onestop(osaintjohn.ca> Subject: Rezoning application 157 Starburst Lane [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample(osaintjohn.ca or contact IT Service Desk at 649- 6047. * * Hello, As a resident of Starburst Lane I am totally against having a daycare business on this street for the following reasons: 1. Where will the employees park, the house has a driveway but I doubt it would accommodate all the employees. 2. There is no way our short dead end street can accommodate the number of vehicles (which sounds like it will be upwards of 40 vehicles) that will come onto our street. How will these vehicles get turned around without causing congestion & pulling into our driveways, not to mention the noise. 3. Where will the children play? I know personally & from looking at the picture you sent us, there is not ant backyard space & very limited front yard space. Again what about the noise 40 plus children will cause every day all day long, as you know our houses are close & there is no way to avoid children making noise. A lot of us bought here because of it being a quiet area & a few that have lived here 20 or more years are retired & do not deserve to have this happening to them at this stage of their life. We will all be at the meeting on January 17 to discuss this further & voice our concerns. Regards Mark & Vicky Cullinan 172 Starburst Lane Sent from my iPhone PIN91 221 0% From: OneSton To: Mattson. Yeva Subject: FW: Rezoning of 157 Starburst lane Date: January 9, 2023 1:08:04 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, p4--- SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Insta rg am From:justin McAdam <justin_mcadam@hotmail.com> Sent: January 8, 2023 2:05 PM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning of 157 Starburst lane [ 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 snamsa=leasain john.ca or contact IT Service Desk at 649-6047. * * Hello I am writing today as a very concerned parent. Recently I was told that our daycare, Butterflies and Bumblebees is being force to move. They are hoping to invest in Starburst lane provided they can get address approved. My daughter has been going to this daycare for 3 years, it is an amazing daycare and has been voted best daycare multiple years. The owners of this day care are trying very hard to move but is extremely hard in todays market to find real estate, especially one that meets all the requirements of a daycare. If they do not get Starburst rezoned, they will be forced to close. I can't even describe the level of stress that will put on the almost 50 family's that depend on that daycare. My wife and I both have NOW good jobs and have lived in Saint John most of our lives, if the daycare closes, one of us simply will not be able to work reducing the city tax income, there is no back up plan as wait list for daycares right now is years(at least 2024 now) so much so that the owners of the daycare were the second people my wife told when she pregnant with my son. He is currently on a wait list. Closing this daycare would greatly strain the Saint John day care system. I understand the neighbors concerns about increased traffic, that being said it would most likely not be noticed or very minimal as drop times and pick times vary depending on parents work schedules and is not all at once. I hope you takes these things into consideration and allow the rezoning. Parents that take kids to daycare usually have both parents(or only parent) working, like us I am sure if this daycare closed, one parent would be forced stay home. Even if these parents averaged a salary of $50000 with taxes of 33%, times 48 parents, would result in lost taxes of $792,000 not mentioning the taxes the daycare would provide as a business. For these reasons mentioned with many more, please allow the rezoning as the benefits far out way the downsides. Thank you very much for your consideration in this very delicate matter. Get Outlook for Android PUzI From: OneSton To: Mattson. Yeva Subject: FW: Rezoning of 157 Starburst Lane Date: January 9, 2023 1:03:24 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, (p4--- SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Stephanie Elson <wallaby29@gmail.com> Sent: January 8, 2023 9:04 AM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning of 157 Starburst Lane [ 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 snamsamle(�4saintjohn.ca or contact IT Service Desk at 649-6047. * * Hello, I am writing as citizen of Saint John, in support of rezoning 157 Starburst Lane to a commercial zone for the purpose of moving Butterflies and Bumblebees Learning Center to the premises. If you do not rezone this premises the Learning Center will be forced to close. This will force approximately 48 families into finding new placement for their children, in a city that already has a OR waitlist for the existing childcare options - putting these families and children in an impossible situation. Parents would be unable to work and children would loose a valuable learning opportunity. Please ensure the continued growth and development of our young children and families and approve the rezoning of 157 Starburst Land. Thank you for your consideration Stephanie Elson WOU PGOIN From: Planning Admin To: Mattson. Yeva Subject: FW: Rezoning of 157 Starburst Lane/Daycare Closure Date: January 10, 2023 9:11:11 AM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 9:11 AM To: Radtke, Travis <Travis.Radtke@saintjohn.ca>; Planning Admin <planningadmin @saintjohn.ca> Subject: FW: Rezoning of 157 Starburst Lane/Daycare Closure From: Nicole and Tyler Lord <nicylerna gmail.com> Sent: January 9, 2023 10:27 AM To: OneStop <onestopna saintiohn.ca> Subject: Rezoning of 157 Starburst Lane/Daycare Closure [ 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 snalnsam 1> e �saintjohn.ca or contact IT Service Desk at 649-6047. * * To whom it may concern, I am writing to express my support for the rezoning of 157 Starburst Lane to a commercial zone for the purpose of moving Butterflies and Bumblebees Learning Centre to the premises. I am a very concerned aunt of a child that currently attends daycare and of an infant who is on the facility's wait list. In a city where daycares are already limited, it would be a travesty to close another, especially one of this quality. The repercussions of the closure on these families and the employees of the daycare will be felt for years with parents needing to leave work to care for their children and staff losing their jobs. This daycare is consistently rated as the top daycare in the community for several years running and the owner, Ashley King, works extremely hard to run an outstanding facility where safety, enjoyment and education are the top priorities. In addition to the children who currently attend the daycare facility, Butterflies and Bumblebees currently have 61 children on their infant waitlist. By not rezoning this property the daycare will be forced to close, resulting in the current attending children as well as the 61 waitlisted children be added to the bottom of a waitlist at another --already taxed and challenged --daycare facility. If the rezoning is denied, it will have a negative net effect on hundreds of people and will have an economic impact on Saint John. Sincerely, Nicole Lord PIN:] Wel From: OneSton To: Mattson. Yeva Subject: FW: Rezoning of 157 Starburst Lane/Daycare Closure Date: January 9, 2023 1:19:27 PM Attachments: imaae001.ona Letters from the public. Saved https://saint*ohnca.sharepoint.com/:f:/r/sites/CommunityPlanning/Shared%20Documents/General/P AC%20Dates/2023/January%20PAC/157%2OStarburst%2OLane/Letters%2Ofrom%20the%2OPubl ic? csf=1&web=1&e=TVei3A Sincerely, (p4--- SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Holly Henderson <hollyhendersonva@gmail.com> Sent: January 5, 2023 12:21 PM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning of 157 Starburst Lane/Daycare Closure [ 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 snamsamnleasain john.ca or contact IT Service Desk at 649-6047. * * To whom it may concern, I am writing to express my support for the rezoning of 157 Starburst Lane to a commercial zone for the purpose of moving Butterflies and Bumblebees Learning Centre to the premises. I am writing to you as a very concerned parent of a child that currently attends daycare and of a baby who is on their wait list. P49191 This daycare is consistently rated as the top daycare in the community for several years running and the owner Ashley King works extremely hard to run a top-notch faculty where safety, education and fun are the top priorities. In a city where daycares are already limited, it would be a travesty to close another, especially one of this quality. I would like to start by saying that this rezoning request is a last resort and all other options have been exhausted. There are little to no commercial real estate properties available on the west side let alone any that are suited to house a daycare. It is absolutely essential that Butterflies & Bumblebees daycare be located on the west side. The reasons for which reasons include but are not limited to: travel time, cost of transportation and fuel, maintaining the existing sense of community the children have with local business (example Dorians, Tim Hortons etc.), building relationships of the children in the area. Additionally, the west side locations allow for ease of access to this essential service, this is critical given one of the main traffic routes is closed due to bridge construction for 8 months of the year. In addition to the children who currently attend the daycare, Butterflies and Bumblebees currently have 61 children on their baby waitlist. By not rezoning this property, the daycare will be forced to close, resulting in the current attending children as well as the 61 waitlisted children be added to the bottom of a waitlist at an already taxed and challenged daycare facility. As you may know the ratio allowance is only 3 babies to 1 adult which has resulting in slow moving waitlists. This will result in a waiting period that will exceed the 6 months until my second child is expected to attend and I am expected to return to work. The system is stressed to the extent that the owner of Butterflies and Bumblebees was the second person I informed I was pregnant to ensure my second daughter would be added to their waitlist immediately. The current situation related to daycare access has reached a critical point wherein other daycares in the area have stopped compiling waitlists. The backlog of children waiting to be accepted is resulting in children aging out before they would be admitted to a daycare. The average waitlist daycares in the city is 1-2 years. If those waitlists were to increase by 113 it would result in consequences including parents being forced to leave the workforce, and significant disruption the learning and development of the children currently attending Butterflies and Bumblebees. The repercussions of the closure on these families and the employees of the daycare will be felt for years. Myself and my husband both work full time in an where working from home with a baby and a small child is simply not an option. If this daycare were to close we would have no other option than for one of us to leave the workforce. As anyone in this current economy can attest, that is simply not an option, we simply cannot afford to be a single -income family while paying for a mortgage, ever-increasing property taxes, groceries, utilities, insurance etc. This impacts not only my family but also Saint John as this would decrease taxes paid, and money spent in the community and leaves my employer short-staffed. This would be a similar situation for many of the 40+ families. Paramount to this, this potential closure most greatly impacts the children. If the daycare were to close the children who have been together since they were babies and have developed close bonds will be split up. They have a community within the daycare and have developed relationships that 231 have lasted the majority of their life. Their lives will be upended by having to go to a new strange environment they are not accustomed to or having to stay home with their parents where they will be isolated from their friends and other children. This will impact their mental and social development. Saint John needs not only more daycares, it needs this daycare. The owners and staff go far beyond what is required to run a daycare. They treat the children as their own, I could not imagine sending my children anywhere else. If the rezoning is denied it will have a negative net effect on hundreds of people and the economic impact of Saint John. Sincerely Holly Henderson Lord 506-650-3035 Holly Henderson Owner & Virtual Business Manager Holly Henderson Virtual Services www.hhvirtu alservices. ca 09% From: OneStoo To: Mattson. Yeva Subject: FW: Starburst lane Date: January 16, 2023 10:00:46 AM Attachments: imaae001.ona Sincerely, SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Zoey Jackson <zoeymajl3@gmail.com> Sent: January 12, 2023 10:00 PM To: OneStop <onestop@saintjohn.ca> Subject: Starburst lane [ 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 snamsampleaa Bain-john.ca or contact IT Service Desk at 649-6047. * * I have lived on Starburst lane all my life. I am 15 years old. I always felt safe on this street because it is quiet and there aren't many houses or traffic. I like to play in my yard, my driveway and on our road with my dogs. I learned to ride a bike on our road when I was 5. 1 liked to draw on the sidewalks with paint and chalk. We like to have bottle cap races down the side of our road when it is raining. I have a younger brother who plays hockey on the road with his friends. He also learned to ride a bike on our road. So did my cousins. They come over to play a lot because their road is busy and our road is not. I don't want extra traffic on our nice safe road. I have enough things to worry about in my life ... I shouldn't have to worry about not being able to play outside. I get a lot of anxiety when a lot of people are around and especially when there is a lot of P49191 noise. I lost one dog over ago when I had him for a walk on a busy street and he got loose. What if someone pulled into my driveway and ran over my dog. Or even worse, my little brother, my cousins or my neices? I want to be able to play safely in my neighborhood. There is no room on our street for cars to turn around. They will definitely have to use our driveway. We live right across the road from 157 Starburst lane. I don't want cars parked all along out street. It will be dangerous. The people who are writing in favor of the day care being on this road dont have to live here! They just want a spot for their kids to go to a day care ...and I get that... but they don't care where the day care is...just that there is somewhere to send thier kids. Find somewhere else for these kids because this is not an appropriate location for a day care. Zoey Jackson 156 Starburst lane MCM! From: Planning Admin To: Mattson. Yeva Subject: FW: Support of Ashley King"s application Date: January 10, 2023 12:40:04 PM From: OneStop <onestop@saintjohn.ca> Sent: January 10, 2023 12:20 PM To: Planning Admin <planningadmin@saintjohn.ca>; Radtke, Travis <Travis.Radtke @saintjohn.ca> Subject: FW: Support of Ashley King's application From: Ben Zeng <benmingzeng(@gmail.com> Sent: January 9, 2023 7:49 PM To: OneStop <onestopCa saintiohn.ca> Subject: Support of Ashley King's application [ 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 snalnsam 1> e �saintjohn.ca or contact IT Service Desk at 649-6047. * * Good evening I am writing in support of Ashley King's application to re -zone 157 Starburst Lane from a One -Unit Residential (R1) to Community Neighborhood Facility (CFN). My child, Kevin Zeng attends Butterflies and Bumblebees daycare which is currently located 661 Dever Road in Saint John. Ms. King has informed all of the parents of children who attend this facility that the daycare's landlord is selling the current facility and she has been in the process of locating an alternate location for some time. If this location is not re -zoned, the daycare facility will close permanently. It is imperative for the families who attend this daycare to have continued access to child care services, which are nearly impossible to secure in the City of Saint John. Our experience with Ms. King and her staff has been wonderful. My child truly loves his daycare and the staff who provide him care. We urge you to approve this application so that the 48 families who attend the facility can continue to receive daycare services in a safe, supportive environment near our homes. Regards, P49191 From: Radtke, Travis To: Mattson. Yeva Subject: FW: Urgent daycare complaint Date: January 16, 2023 10:37:49 AM Attachments: imaae001.Dna Forgot to CC you on this. Sincerely, Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: OneStop Sent: January 16, 2023 10:37 AM To: mark jones <chemlab1986@yahoo.ca> Subject: RE: Urgent daycare complaint Good morning, We have received your letter and it will be added to the package for review by the planning advisory committee. Sincerely, -1 -r SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant /Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram 091-1 From: mark jones <chemlab1986C@yahoo.ca> Sent: January 13, 2023 4:44 PM To: OneStop <onestopPsaintiohn.ca> Subject: Urgent daycare complaint [ 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 snamsamle(ji)s�aintjohn.ca or contact IT Service Desk at 649-6047. * * I am not for the new daycare business startup on Starburst lane saintjohn westside. This street is a small deadend street in a subdivision with lots of families and kids playing with no traffic. To add a daycare at this location would bring lots of cars rushing to drop off and pickup causing unneeded worry for parents and children. The daycare should be located on a main street like dever rd or greenhead rd or milford rd. This is much safer for everyone and a faster better operation plan. Thank you P49YA From: Jenna Richard To: OneStoo Subject: Ashely King/Butterflies and Bumblebees Date: January 9, 2023 12:59:56 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Hi, I am writing to you today in support of the rezoning of 157 Starburst Lane for the purpose of a daycare centre. As a resident of the street myself, I understand that this means there will be increased traffic at times; however, I believe this to be a minor inconvenience as compared to losing a valued daycare centre in the city and the impact that the loss of these spots would have on the families and staff. Admittedly, I am one of the families who would be impacted by this loss as one of my children attends this particular daycare. As a working mom, I can attest to the added stress caused by having to find a new daycare, as the waitlists at this time are very long. Not to mention the stress it would cause for the staff as well as possible effects on the economy as these staff members would then be unemployed with little to no income until other suitable employment is attained. In closing, I sincerely hope you consider granting the rezoning of 157 Starburst Lane so that the daycare may continue operation. Thank you, Jenna Richard P4c1:3 The following outlines the thoughts of Walter K. Cossaboon and Natalie M. Cossaboon on the subject of the proposed daycare on Starburst Lane. We were approached by two people stating that they were interested in buying chris's house. They were a young couple. They said that they were thinking about opening a small daycare. I asked how many children, she said about 8 to 10. I then said that seemed ok to me. I later found out that the daycare under our Doctors office is the daycare that wants to relocate on Starburst Lane. This is no way a small Daycare, it is 45+ children and not sure how many staff. We now feel that this would not be a good fit for our street. There are many people that are retired, some shift workers also. We enjoy the quiet that the neighbourhood has enjoyed for many years. The sound of active children being vocal, and vehicles coming and going, doors slamming, would upset the dogs in the community, which is a side noise that also needs to be considered. The sound of children playing, crying, and having tantrums, will echo in the heads of those with medical issues, PTSD, anxiety. The reason we all chose to live here was because of the dead end street, low traffic and low noise. The families directly beside the daycare, would have absolutely no privacy or peace. This is a quiet neighbour hood and has been for the 27 years we have lived here. Many people have lived here longer, raised there children and now have grand children. The dead end street allows for the kids to ride bikes, and play on the street, as we are all aware the the children could be out on the street we are all very careful. As a small community, we know all the vehicles, but with the coming and going traffic we cannot spot a potential threat to the young children on the street. The peace that the neighbourhood has enjoyed, will be no longer. Lastly, during the summer the residence have patios for relaxation, and the noise from that many children would produce, would be disruptive, and would be equal to living next to a school. There is the ignored fact of people, blocking our driveways, or using them to turn around especially in the winter months, because of the snow, there really isn't any other way to turn around other that using our driveways. For those that would eventually want to sell their homes, this would create a negative view of prospective buyers, this having a hard time to sell, and even get decent value for our homes. We solely agree that there is a need for affordable daycare, however should not be on a residential street. Data shows that at first, when communicating problems to the owner and the city may work, after that we would have no recourse. We hope you take inconsideration all of the negative aspect this will have on everyone that lives on Starburst Lane. Respectfully, 0910.1 From: Lindsay Thompson To: OneStop Subject: Re zoning starburst lane Date: January 9, 2023 4:46:09 PM [ 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 spamsamplegsaintjohn.ca or contact IT Service Desk at 649- 6047. * * I'm opposed for the re zoning on starburst lane and surrounding area. I've lived in Milford for 40 years. my parents grew up and still live in the area. Milford is a beautiful and sacred spot to the west side, also known as "gods country". It's the county in the city. Re zoning this area would take that tranquil feeling away from its long time residents. This is not the area to be re zoned! Lindsay Thompson Sent from my !Phone PZ1IK Radtke, Travis From: Mallory Comeau, Laura (ASD-S) <Laura.MalloryComeau@nbed.nb.ca> Sent: January 13, 2023 12:32 PM To: OneStop Subject: Daycare at 157 Starburst Categories: Travis [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Bombarding this small street with the traffic of daycare is not feasible. The added traffic and removal of residents parking on the street is not ideal for any of the residents. Not to mention snow removal on this street is not a at a high priority level making traffic more difficult and parking even worse. In winter months there will be several cars parked on the street beside large snowbanks making it even more difficult for current residents to navigate. Get Outlook for Android 1 241 Radtke, Travis From: normandlboucher@bellaliant.net Sent: January 15, 2023 9:31 PM To: OneStop Cc: Gordon.White@sunlife.com Subject: Rezoning Application - 157 Starburst Lane Importance: High [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** January 13, 2023 Dear Committee Members: Subject: Rezoning Application 157 Starburst Lane My Name is Normand L. Boucher and I reside next door to the property in question. Please consider the following very carefully as you formulate your recommendation. 1) Observations: Owner of proposed Daycare told me that up to 45 children are expected at the proposed facility Some residents have been told only a few children would attend the facility Six Realty advertisements on the Internet describes the property as follows: This sprawling home boasts pride of ownership and curb appeal galore. Nestled on a quiet dead-end street on the cities west side you will find this lovely 3 bedroom family home awaiting its next owner. Some municipalities only consider Non -For -Profit Daycare Centers under the categorisation of Community Neighborhood Facility. For -Profit Daycare Centers, it is considered a business. 2) Concerns: Noise: I live directly next door. Thirty-foot deck right next to my driveway Traffic: Minimum of 30 cars coming up and down the street at peak hours Parking: No employee parking except for street. At least 1 attendant per 8 kids (I believe) No place for vehicles to turn around except neighbors' driveways (Dead End Street) No parking to drop off kids except neighbors' driveways Access in Winter: According to City's Snow Removal plan, our neighborhood is classified as Priority 4: 1 242 "For priorities 3 and 4, our goal is to have passable travel lanes within 12 hours after a snowstorm, and have travel lanes pushed back and anti -icing material applied within 72 or 96 hours after a storm." No sidewalks during winter to take kids out for daily walk (Safety) Property Values: Concerns about the negative impact on the value of properties on our street. 3) Conclusion: Considering the above, and, not limited to the above, I am definitely against the approval of this Rezoning Application. Best Regards, Normand L. Boucher (P.Eng) 147 Starburst Lane Saint John, NB, E2M 4V5 Pz191 Radtke, Travis From: Pam Jackson <pamsj@hotmail.com> Sent: January 11, 2023 7:16 PM To: OneStop Subject: Rezoning application 157 Starburst Lane Categories: Travis [ 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 spa msample@saintjohn.ca or contact IT Service Desk at 649-6047.** I am writing in response to the Zoning application for 157 Starburst Lane. Although I understand the applicants need for a new location for their day care, I am not in favor of having one on my street. It isn't that fact that there will be lots of children in the area, or the potential of increase of noise coming from the children... this is not an issue for me. For my family it is the extra traffic on our street. We live directly across from the property in question. We bought our home about 13 years ago because it was on a quiet, dead end street with only a handful of homes and very little traffic. We thought it would be a great area to safely raise our children. My older children learned to play basketball, street hockey, ride their bikes and coast their plasma cars down the hill on our street. My younger children and grandchildren ( age 14, 9, 3 and 2) are currently enjoying the same opportunity. Having the extra traffic on our street would really have a negative affect on the safety and security of our children and other young children on our street. They won't be able to ride their bikes, kick the soccer ball around, play with sidewalk chalk and play basketball on the side of the road freely ( with adult supervision of course). Cars will constantly be in and out all day long. Our road will be extremely busy and we will always be worried that our children, grandchildren and animals will get hit by a car. Having a day care on our small quiet road is extremely concerning to us as parents. It is putting the childrens safety at risk and it would be a tragedy waiting to happen. The property in question is too small for a day care and there is insufficient room for staff and parent parking. Cars will be lined up on both sides of the road and this will effect the visibility of our kids when they are outside. We as parents and homeowners should not have to keep our kids inside during high traffic times. They have been enjoying the comforts of a low traffic, safe neighborhood for years now, and I do not think it is fair for our families to lose that to a new day care on our road. I feel an alternate location with ample parking in an area that can safely accommodate extra traffic would be much more appropriate for this day care. Unfortunately Starburst lane is not an appropriate location that could handle a day care of this size given the amount of children they intend to provide care for. The proposed location is not large enough for what they would need. I am certain the decision makers in this rezoning application will see that 157 Starburst lane is not an ideal or appropriate location for a day care. Thank you for your time and consideration of this matter. Sincerely Pam Jackson And Family From: OneStoo To: Sarah Lyon Cc: Mattson, Yeva Subject: RE: Ashley-starburst lane Date: January 16, 2023 11:12:22 AM Good morning, We have received your letter and added to the package for review by planning advisory committee Sincerely, Travis Radtke, BBA-Acc Administrative Assistant / Adjoint administratif One Stop Development Shop / Guichet unique pour Fam6nagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram -----Original Message ----- From: Sarah Lyon <sar_papie5ghotmail.com> Sent: January 14, 2023 7:51 PM To: OneStop <onestopgsaintjohn.ca> Subject: Ashley-starburst lane [ 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 spamsamplegsaintjohn.ca or contact IT Service Desk at 649- 6047. * * To whom it may concern, I am writing this email in support of Ashley King, owner of Butterflies and Bumblebees daycare. I am writing in support of her efforts to relocate her Early Learning facility to 157 Starburst Lane_ As I am sure you are aware, this daycare serves 48 families, so that they are able to work everyday. My son attends this facility, and my husband and I don't know what we will do without full time care for him, as we both work outside of the home. I am sure you are also aware of the 1-2 year + waiting lists that all licensed daycares have, making it almost impossible for these 48 families to find care for their children (s) if Ashley does not get the approval to relocate her facility_ On top of that, it will also put several employees out of work. I hope that you will strongly consider this approval, while keeping in mind the many working citizens that this will have an impact on! Thank you so much for taking the time to read this, and considering the many people involved. Sincerely, Sarah Lyon Sent from my iPhone From: OneStoo To: Mary Mallory Cc: Mattson. Yeva Subject: RE: Daycare on 157 Starburst lane Date: January 16, 2023 10:25:52 AM Attachments: imaae001.ona Good morning, We have received your letter and it has been added to the package for review by the planning advisory committee. Sincerely, 6 EK— lqwwoe SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant/Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Mary Mallory <mary.mallory@hotmail.com> Sent: January 13, 2023 12:34 PM To: OneStop <onestop@saintjohn.ca> Subject: Daycare on 157 Starburst lane [ 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 snamsa=leas�aint�john.ca or contact IT Service Desk at 649-6047. * * • This is a very bad idea... it's a dead end lane and very small ... Also to ban parking is insane -how do I visit my grandchildren.. my rights count too... does this mean people on that side of the street can no longer have visitors... The increase in traffic alone is dangerous for the families that live there and pay their taxes.. Listen to them!! Get Outlook for Android Q11�1A From: OneStop To: Penelope Miller Subject: RE: Rezoning - Starburst Lane Date: January 16, 2023 10:18:50 AM Attachments: imaae001.pna Good morning, We have received your letter and will be adding it to the package for review by the planning advisory committee. Sincerely, SAINT JOHN Travis Radtke, BBA-Acc Administrative Assistant / Adjoint administratif One Stop Development Shop / Guichet unique pour I'amenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram From: Penelope Miller <penny.s.mason @gmail.com> Sent: January 13, 2023 8:56 AM To: OneStop <onestop@saintjohn.ca> Subject: Rezoning - Starburst Lane [ 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 snamsa=le&saint`john.ca or contact IT Service Desk at 649-6047. * * H i, I would like to submit my comments against the proposed rezoning of 157 Starburst Lane. I am against the rezoning for the following reasons: - Starburst Lane is a small, priority 4 dead end street. During storms, we are sometimes not plowed to a two lane street until the next day. It is not equipped to support either 30 or 48 vehicles travelling on our street twice a day, plus the proposed 7-9 staff with only two staff parking spaces. In addition, Pzf:1 there is no turnaround space at the end of Starburst Lane, nor do i see a spot for parents parking on the street to turn around in the 157 Starburst Lane site plan. - the only playground within walking distance was removed several years ago. Contrary to the information provided to PAC, there is not a playground at the Dennis Morris Community Center. The nearest playground (and open area for children to play) would be the Milford playground, which is a 1.6km walk away - and a 3km round trip is likely too far for small children to walk. - I cannot see where children would have an opportunity to play outdoors on this property, as well as support parking for the staff who work at the daycare. Our lots are quite small. An expectation of permanent on -street parking would be unfair to nearby neighbors, and when there is snow, would make the street impassable. From the proposal of 48 daycare spaces and 7-9 staff, it wouldn't be unreasonable to foresee 15+ cars parked on our dead end street at times during the day. - During the winter, residents walk on the street due to the lack of sidewalks. In addition, there are no marked crosswalks in our neighborhood. Adding potentially over 100 vehicle trips per day (as per the request of 48 spaces and 7-9 staff) would create a dangerous situation for individuals, neighbourhood children walking to and from the bus stop, elderly residents, people walking their dogs, or families crossing and walking along the side of the streets of Riverhill, Balmoral and Starburst. This would also be an unsafe situation for the daycare children who do not have much outdoor space on the property. As a parent, I understand the challenge of finding daycare spaces. If this was to be a reasonably sized in -home daycare that aligned with what i understand from PlanSJ (see below) I would be in support. I don't see any way that such a small street with small lots could support this proposed business without having a negative impact on the current residents of Starburst Lane and neighboring streets. A property with little green space, little to no parking, and no public parks within reasonable walking distance isn't suitable (or fair) for the children attending this daycare. A location that is more suitable for parents, children, staff and residents should have been identified much earlier in this process, and must be found. Sincerely, Penelope Miller 132 Starburst Lane Excerpt from PlanSJ document: Policy HS-23 Permit small-scale, in -homy neighbourhood daycare in all residential neighbourhoods where �perated by a resident of the dwelling, for a maximum of 15 children, subject to compliance with the requirements of the Zoning Bylaw and compliance with the Building Bylaw to ensure: a. The daycare is secondary to the permitted residential use; b. Compatibility with the surrounding land use; c. Appropriate parking and signage requirements; and d. Appropriate accommodation and landscaping, including fencing From: OneStop To: Matt Ferauson Cc: Mattson. Yeva Subject: RE: Rezoning application 157 Starburst Lane Date: January 16, 2023 10:31:49 AM Good morning, We have received your letter and added to the package for review by the planning advisory committee Sincerely, Travis Radtke, BBA-Acc Administrative Assistant / Adjoint administratif One Stop Development Shop / Guichet unique pour Fam6nagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram -----Original Message ----- From: Matt Ferguson <83fergggmail.com> Sent: January 13, 2023 2:04 PM To: OneStop <onestopgsaintjohn.ca> Subject: Rezoning application 157 Starburst Lane [ 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 spamsamplegsaintjohn.ca or contact IT Service Desk at 649- 6047. * * To whom it may concem, I'm responding to a letter I received in regards to a rezoning application. I strongly oppose this application as this street will not be able to handle the influx in traffic and will cause issues with traffic for the whole community. Starburst Lane is a dead-end street and simply is not a suitable option to operate a daycare in which parking will be a major issue for staff of the daycare and residents on the street. My main concern is that if an emergency vehicle needed access to the street the traffic brought on by this daycare could deny access in a timely fashion for that emergency vehicle. Also during the winter months parking on the street by the daycare will lead to plowing and snow removal issues for city snow plow operations. I hope you will consider this and understand our concerns. Matt Ferguson Resident of 164 Starburst Lane Sent from my iPhone ��79] From: OneStop To: Stacey C Cc: Mattson, Yeva Subject: RE: Starburst Ln — Ashley King Date: January 16, 2023 11:34:48 AM Your letter has been received and added to the package for review by the planning advisory committee Sincerely, Travis Radtke, BBA-Acc Administrative Assistant / Adjoint administratif One Stop Development Shop / Guichet unique pour Famenagement City of Saint John / La ville de Saint John Office / Bureau: (506) 658-2911 Website I Facebook I Twitter I Instagram -----Original Message ----- From: Stacey C <dalmatian_spot@msn.com> Sent: January 14, 2023 10:05 PM To: OneStop <onestop@saintjohn.ca> Subject: Starburst Ln — Ashley King [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649- 6047. * * Good evening, It saddens me to be writing this letter. I am currently a staff/supervisor at Butterflies & Bumblebees Daycare. With the current information we have received about our facility having to move, makes my heart break. I am advocating not only for my job, but for families I've grown to love and cherish. Child care is essential for todays working families. Without having a place to call ` home away from home ` some families are forced to look for a new facility, or even forced to have one of the working parents, stay home . Also, I would like to point out the waiting lists are atrocious and back logged. I truly hope when it comes time, you will make the best decision . I'm team Ashley , and I'm fighting for my job ( as I also have a family to provide for ) AND for my small and mighty daycare family . Thank you for taking the time Stacey Cyr Sent from my iPhone 251 From: Robyn Cullinan To: OneStoo Subject: Starburst Lane rezoning Date: January 9, 2023 11:24:53 AM [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsamplegsaintjohn.ca or contact IT Service Desk at 649- 6047. * * Good morning, I am writing as a resident of Milford whose parents live directly across the street from the proposed Daycare. Anyone who is familiar with this street knows that it is a quiet, dead end street where many residents have lived for upwards of 40 years_ Logistically speaking, if you've seen how close the homes are to each other and that the property itself basically has no yard whatsoever, you would see that this makes absolutely no sense. Not to mention the traffic and the noise that it will bring. This street in the winter is most times always last to be plowed, if at all. Imagine the mess if we had staff and parents parking up and down the street at all times as they do not have a proper parking lot. It is already difficult every morning to get out of Milford as it is but now to add upwards of 40 more vehicles to this is absurd. Allowing this daycare here will also depreciate the value of the homes on this street. Frankly, I can't think of one benefit that this would bring to anyone in the area other than maybe one or two people with small children who may be interested in this facility, pending they have spaces available, as from what I hear it is already an established daycare with no spots available anyway. Thank you for your time Robyn Cullman Sent from my Whone PM January 9, 2023 City of Saint John 15 Market Square Saint John, NB E2L 4L1 Dear Mayor Reardon: Subject: Re -zoning of property address 157 Starburst Lane, Saint John It has been brought to my attention by the owner of Butterflies and Bumblebees Daycare, Ashley King, that the facility currently located at 661 Dever Road, Saint John will no longer be able to operate out of their current location as of March 2023. My husband and I are full-time working parents of two boys, one who currently attends Butterflies and Bumblebees daycare. As I'm sure you can understand, it is extremely concerning to hear that there is a possibility that the daycare will be unable to further operate due to lack of a facility. Even more concerning is the forty-seven additional families that will be facing the same issue and be left without care for their child(ren). There are already major concerns about the shortage of childcare facilities in the city. There are waitlists that not only extend to months but to years, which is unacceptable on its own. If Butterflies and Bumblebees cannot find an adequate location approximately forty-eight children will not have care. The majority of attendees have full-time working parents who would be required to take leaves from work etc. to be able to care for their children. This ultimately has a negative impact on our economy. The lack of commercial space in the vicinity of the current daycare location leaves the owner no other option but to pursue a residential property as a potential new location for the facility. It should also be known that a facility such as a daycare only operates during the daytime on a Monday to Friday basis and would not disrupt any bordering properties. It is crucial for the property located at 157 Starburst Lane, Saint John be re -zoned from residential to commercial as the negative impacts of denying the request stretch much further. Thank you for allowing me to voice my concerns and I presume the right decision will be made with respect to the re -zoning. Sincer y, ;N Sara MacDonald Address: 104 Point Road, Saint John, NB E2M U2 Page 1 of 1 Telephone:506-639-4293 E-mail: Sara.E.MacDonald@outlook.com NX Dear Council and PAC members, We are residents of a small, quiet neighborhood. We recently learned that a proposal was made to turn residential housing into a large daycare business with 48 spaces. We oppose this rezoning request for the following reasons: 1. Our streets are not designed to support this sized business. Starburst Lane is a narrow, dead end street. During storms, our street is considered the lowest priority for plowing, and have one lane for traffic. 2. There is not enough on -site parking for the amount of traffic expected. This includes both for staff parking and parent drop off / pick up. There is no turn -around at the end of Starburst Lane, and it seems most likely that parents would choose to turn around in the driveways of private residents. 3. The sidewalks in our neighborhood are not plowed during the winter. The children from the daycare would be required to walk on the street when there is snow for three blocks, to Greenhead Road. 4. This property does not have adequate green space to support outside play for children. If the driveway is expected to be the play area for children, this would further reduce the available parking. 5. The only playground that had been within walking distance was removed several years ago. This in combination with the limited Green space at 157 Starburst makes it difficult to understand where children would have space to play outside. 6. Any privately owned undeveloped lots in our neighborhood should not be considered areas for children to play. There are numerous deer in our neighborhood, and there have been confirmed cases of Lyme disease in pets, making the tall grass in these undeveloped lots unsafe for children. Sincerely, residents of Randolph :Milford Area We the residents of Starburst lane are opposed to rezoning of 157 Starburst Name/Address/Phone { ` er G!- �4G Spa r b a i s + Ne"I Dear Council and PAC members, We are residents of a small, quiet neighborhood. We recently learned that a proposal was made to turn residential housing into a large daycare business with 48 spaces. We oppose this rezoning request for the following reasons: 1. Our streets are not designed to support this sized business. Starburst Lane is a narrow, dead end street. During storms, our street is considered the lowest priority for plowing, and have one lane for traffic. 2. There is not enough on -site parking for the amount of traffic expected. This includes both for staff parking and parent drop off / pick up. There is no turn -around at the end of Starburst Lane, and it seems most likely that parents would choose to turn around in the driveways of private residents. 3. The sidewalks in our neighborhood are not plowed during the winter. The children from the daycare would be required to walk on the street when there is snow for three blocks, to Greenhead Road. 4. This property does not have adequate green space to support outside play for children. If the driveway is expected to be the play area for children, this would further reduce the available parking. 5. The only playground that had been within walking distance was removed several years ago. This in combination with the limited Green space at 157 Starburst makes it difficult to understand where children would have space to play outside. 6. Any privately owned undeveloped lots in our neighborhood should not be considered areas for children to play. There are numerous deer in our neighborhood, and there have been confirmed cases of Lyme disease in pets, making the tall grass in these undeveloped lots unsafe for children. Sincerely, residents of Randolph :Milford Area We the residents of Starburst lane are opposed to rezoning of 157 Starburst Name/Address/Phone �© V-cj ©h (� L�e / (k9 ItQs s AbU U' S'4 O' bU 3 �:"-+ LLII�_c /� s st��hars f A114 N&I Dear Council and PAC members, We are residents of a small, quiet neighborhood. We recently learned that a proposal was made to turn residential housing into a large daycare business with 48 spaces. We oppose this rezoning request for the following reasons: 1. Our streets are not designed to support this sized business. Starburst Lane is a narrow, dead end street. During storms, our street is considered the lowest priority for plowing, and have one lane for traffic. 2. There is not enough on -site parking for the amount of traffic expected. This includes both for staff parking and parent drop off / pick up. There is no turn -around at the end of Starburst Lane, and it seems most likely that parents would choose to turn around in the driveways of private residents. 3. The sidewalks in our neighborhood are not plowed during the winter. The children from the daycare would be required to walk on the street when there is snow for three blocks, to Greenhead Road. 4. This property does not have adequate green space to support outside play for children. If the driveway is expected to be the play area for children, this would further reduce the available parking. 5. The only playground that had been within walking distance was removed several years ago. This in combination with the limited Green space at 157 Starburst makes it difficult to understand where children would have space to play outside. 6. Any privately owned undeveloped lots in our neighborhood should not be considered areas for children to play. There are numerous deer in our neighborhood, and there have been confirmed cases of Lyme disease in pets, making the tall grass in these undeveloped lots unsafe for children. Sincerely, residents of Randolph :Milford Area We the residents of Starburst lane are opposed to rezoning of 157 Starburst Name/Address/Phone Dear Council and PAC members, We are residents of a small, quiet neighborhood. We recently learned that a proposal was made to turn residential housing into a large daycare business with 48 spaces. We oppose this rezoning request for the following reasons: 1. Our streets are not designed to support this sized business. Starburst Lane is a narrow, dead end street. During storms, our street is considered the lowest priority for plowing, and have one lane for traffic. 2. There is not enough on -site parking for the amount of traffic expected. This includes both for staff parking and parent drop off / pick up. There is no turn -around at the end of Starburst Lane, and it seems most likely that parents would choose to turn around in the driveways of private residents. 3. The sidewalks in our neighborhood are not plowed during the winter. The children from the daycare would be required to walk on the street when there is snow for three blocks, to Greenhead Road. 4. This property does not have adequate green space to support outside play for children. If the driveway is expected to be the play area for children, this would further reduce the available parking. 5. The only playground that had been within walking distance was removed several years ago. This in combination with the limited Green space at 157 Starburst makes it difficult to understand where children would have space to play outside. 6. Any privately owned undeveloped lots in our neighborhood should not be considered areas for children to play. There are numerous deer in our neighborhood, and there have been confirmed cases of Lyme disease in pets, making the tall grass in these undeveloped lots unsafe for children. Sincerely, residents of Randolph :Milford Area We the residents of Starburst lane are opposed to rezoning of 157 Starburst Name/Address/Phone f.` ,'e C )e , j Dear Council and PAC members, We are residents of a small, quiet neighborhood. We recently learned that a proposal was made to turn residential housing into a large daycare business with 48 spaces. We oppose this rezoning request for the following reasons: 1. Our streets are not designed to support this sized business. Starburst Lane is a narrow, dead end street. During storms, our street is considered the lowest priority for plowing, and have one lane for traffic. 2. There is not enough on -site parking for the amount of traffic expected. This includes both for staff parking and parent drop off / pick up. There is no turn -around at the end of Starburst Lane, and it seems most likely that parents would choose to turn around in the driveways of private residents. 3. The sidewalks in our neighborhood are not plowed during the winter. The children from the daycare would be required to walk on the street when there is snow for three blocks, to Greenhead Road. 4. This property does not have adequate green space to support outside play for children. If the driveway is expected to be the play area for children, this would further reduce the available parking. 5. The only playground that had been within walking distance was removed several years ago. This in combination with the limited Green space at 157 Starburst makes it difficult to understand where children would have space to play outside. 6. Any privately owned undeveloped lots in our neighborhood should not be considered areas for children to play. There are numerous deer in our neighborhood, and there have been confirmed cases of Lyme disease in pets, making the tall grass in these undeveloped lots unsafe for children. Sincerely, residents of Randolph :Milford Area We the residents of Starburst lane are opposed to rezoning of 157 Starburst Name/Address/Phone a f r. 1 l t r j 7 % p -112 i-v` 258 From: Cory Miller To: Common Clerk Subject: Rezoning of 157 Starburst Lane Date: February 1, 2023 9:35:19 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * As a resident of Starburst Lane, I would like to submit a written objection to the rezoning of 157 Starburst Lane from RI residential to CNF community neighbourhood facility. There is no question about the need for this daycare to relocate to a suitable location. The question is if this is a suitable location for a business of this size and should the property be rezoned to accommodate it. Frankly, this property is in a terrible location for a business of this size. There are residential houses currently for sale that are larger, cheaper and in more accessible locations. Starburst Lane is a quiet dead end street with no turn around at the end. We are priority 4 for snow clearing, often not being cleared out until a day after the storm. Riverhill Drive can only be accessed by one of 2 steep hills. I have had to park at the Dennis Morris Community Center when unable to make it up the hill. That is a long walk for a toddler in a storm. As the snowbanks get larger, the street gets narrower. It becomes little more than a single lane at times. The sidewalks on Starburst Ln and Riverhill Dr are not cleared and the schoolchildren have to walk on the street to and from the bus stop. Residents walk these streets with dogs and for exercise aswell. The extra traffic generated by this business will create a safety hazard. My own 2 children have been in a few a small in -home daycares and I would be supportive of something like that on the street. Make no mistake though, this is no small in -home daycare, this is a large scale business! The daycare wants to have 48 children and 11 staff including the owner on site. They stated the intent is to have 4 parking spaces. 2 for staff and 2 for parents. With 2 parking spaces for staff. This would leave 9 staff left to park on the street. There are 13 single family homes on this street, with 6 on one side and 7 on the other. We also use the street for parking. This daycare isn't just going to be on the property proposed for rezoning, it is going to take over the entire street. This is going to create a safety hazard and a traffic nightmare for the residents of the street, parents of the children and even city services such as plowing and waste/recycling collection. With 48 children, the worst case scenario is that each child has no siblings. That's about 50 cars at dropoff and another 50 at pickup. Each trip, they have to travel the street twice, once to enter and once to exit. That will be 200 extra cars on the street each day. There are only 13 homes on this quiet dead end street. N&I The traffic assessment submitted in the report by the applicant stated that, at the current facility, there were 5 cars in the parking at one time at pickup. This is with an excess of parking. At 157 Starburst, with only 2 parking spaces designated for drop-off and pickup, this will leave excess cars on the street. These cars won't be able to clear out quick enough to make room for the next 5 coming behind them like at the current site. This will completely cripple the street with cars every day. There are only 13 homes. The clients will be forced to turn around in the neighboring driveways posing a danger to children and pets. The parents will only have to put up with this traffic congestion for a few years until the children start kindergarten. The residents will have to put up with this until we sell our homes... if anyone would even buy them. Please don't create this safety hazard on our street. This street is appropriate for an in home daycare with 10-15 children, not a large business with 48. Sincerly, Cory Miller N091 O � O 70 _O U p •� � •� N Qcm � � O }' p O O U U T O -0 -0 N >, N N (6 + O 0 -0 N c� 0 0 0 4- 0 4-0 -0 (6 N4-0 Q >IO O N U 70 NE = 7 U E pLf E N c� 0� T O U `~ (6 lT _0 L U O O O N 0 J � \ -C O O OC N bA 4—/ N N Q M � � U C) c� 70 to L- N N L- O O Z Q m N . N 4-0 4-1 Z to O O cn c6 co N N M N 4-0 � � N N LO O U `0 O U E N � 0 Z E Z O X (6 (6 (6 E +- 70 U m p 0) `. ai N u) N U � � � •� to O � O 70 N 0 N _0 N 0 -C (6 (6 O � � _0 0- 70 0 E N O E (6 + + N N OU -0 O O � .M U N E 0- U _ O �� a)O U 70 - O U Q Q to 0 m (6 0 -0 c M M N O O O Z (6 E U) E LO Q O U R cm N ct co ct ct >1 ct �--' N ,— co O ct N ct ct L ccINC ct N _04-0 Z N N N (n ct ("A 7ct M ct 7� ct ¢, N •'--� N P4 N ct ct �i ct ct 3 • � v� U �, o ,� o a, Qct � U LO co N _N ^N L O C CL O W •c '^� ) cr a) c D E } E O O LO ^0 W < O W U CL LO �cn0 E� cn ;° H (D Co � •o (D cu a, c E " CL E co O tr— O = O CUU 04-0 to >, _ O O N _ U co -0 N O O) U _0 i O i 0 N O }' _0 U � E N _N N z3 E > E O O -0-0 N E O cn Z O C L O C M O cn O L -0 O I 0 M cn CD- 0 Q0 0�.� U OV U -0 U co 01 O U N O H�TOEoF- O Z Hil, 3 a� y cv J �lJ 0 c 0 L Q 0 U a� Q i w � � � Co O) m o cn o 0 O .C—n cco c E E O � � Co O cn - }, N 0 � O p N Co (a O O 0 C: 4-0 cn c _O N N •� cn N cn O +� O C O N E N cn N c_n O Q ca Q 0 (a }, m U) O N U _ > CL cn � O > 4-0 N }' + N N U _ cn E U N Q _ L U_ >, O O� U (� > +� O1 cncn C � }, � M p � -0 cn to O1 � '� � O (4 (4 p L �� L J �_�� }' O cn L }; •� N •� �-- N N p 4-0ca a) m L cn p O L > Q ?> � O O L + N O �"� C O'� a)+ a) O D U O O U L O L -0 °� ai cn cn ,C ,C O +� cn L cn 0 Q 1O Q : O U to O �+ cn cn L N U c4 N U %> >O 0 +� N � O 6 �+i F— >= O ti N O _0 -I N LO 0 O 70 0) C: C/) M LID O U vo 0 > > CL_r_ L m C: J " C: J cn � �C Z (n OU Co ti N OCO O 4- 0 N 0O O O a--r +- 4-0 U L O � O O �, O • � � C6 C6 � + =_ A � •� � N •� cn � %� • �/ / 4-1 Q � U � N p � •N N O � L � U L 4-1 O O N O U) N L cn C6 O to '� N C6 U (6 D - U O °O Z Q 0 From: City of Saint John Mayor"s Office To: Common Clerk Subject: FW: Support for Butterflies and Bumblebees daycare- Rezone 157 Starburst Lane Date: January 19, 2023 8:32:35 AM Attachments: imaoe001.ono Note from the Public Hearing on Tuesday. 0 SAINT ]OH Kateri Hibbert Assistant Administrator to Mayor & Council / Adjointe administrative du maire et du conseil City of Saint John / La Ville de Saint John Office / Bureau: (506) 658-2912 Cell: /Cellulaire: (506) 632-6155 Website I Facebook I Twitter I Instagram From: Matt A <matt.armstrongsj@hotmail.com> Sent: January 18, 2023 3:23 PM To: City of Saint John Mayor's Office <mayor@saintjohn.ca> Subject: Support for Butterflies and Bumblebees daycare- Rezone 157 Starburst Lane [ 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 snamsamnle(cr�.s�aintjohn.ca or contact IT Service Desk at 649-6047. * * Hello, My name is Matthew Armstrong. I am reaching out to voice my support for rezoning 157 Starburst Lane to accommodate Butterflies and Bumblebees daycare. My daughter currently goes to this daycare. She is 2 years old. She was born Aug 1st of 2020, right in the middle of the pandemic. There were a lot of things we couldn't do due to the lockdowns and restrictions. Many times we couldn't take her to see her grandparents or her uncle. She couldn't even see other children often. She would wonder why she could only see Nana and Papa through a phone and not in person. The daycare became something constant for her. Where she would see her friends and teachers every day. She loves her teachers. I know because she will tell me she does. They're as much a family to her as Nana and Papa. I understand its not the perfect spot. I was there yesterday at the planning committee meeting in support. Of course there were concerns. I understand that. I think anyone supporting the daycare knows that. I'm sure the daycare itself would prefer a location PAIIN already zoned properly. However there is nothing on the west side that would accommodate the regulations for a daycare. I know Ashley can make this location work. Many solutions were presented last night. I want to stress that although it is a daycare, its not just any daycare. Its a multi award winning licensed daycare. Its the kind of daycare this city needs. The waitlists for most daycares are a year long or longer. If Butterflies and Bumblebees is forced to close, that's 48 more kids without daycare. As well I was made aware the waitlist at Butterflies and Bumblebees is 60+ kids. Theres over 100 more kids on other waitlists when added together. When I was leaving last night, I overheard a person against this say "They just want a spot for their kids". I do want a spot for my daughter of course. But I want quality daycare for all children. When my daughter leaves daycare to go to school, I want to know Butterflies and Bumblebees is still there to provide for other children. I was a youth leader for a few years. I've volunteered with children at many points in my life. Ashley and her staff are some of the best childcare providers I have ever met. They're a blessing on this city. Please for the children of this city I hope you vote to allow the daycare at 157 Starburst lane. You will be doing a great thing for the children and families of this city. If you have any questions or comments for me please feel free to reach out. Sincerely Matthew Armstrong Sent from Mail for Windows f�XLI Received Date February 02, 2023 Meeting Date February 06, 2023 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Homelessness Strategy Background: On September 6, 2022, our council took quick action to make sure we could offer additional out of the cold service to address the increase shelter needs in our community. That action enabled our team, in cooperation with the Province of New Brunswick and the Salvation Army, to lead an additional 35 bed shelter at the Hilton Belyea Arena with the capacity to surge to 50 beds. As many of us saw in a recent visit, the shelter is consistently full and our other shelters are also adding additional beds; two more at Outflow, and five at Coverdale to try and meet the needs of the homeless population. This has helped significantly in the interim and has made sure that turning people away from shelters is less frequent. We still have many Saint Johners living rough without the proper supports and many subsequent challenges in substance use and mental health. Out of the total 165 recorded homeless in our community, 57 are known to be sleeping rough and our shelter occupancy stands at 94% as of November 2022. This weekend will see temperatures reach as low as negative thirty degrees Celsius, it is too dangerous to be living outside. On March 31, 2023, the emergency out of the cold shelter with shut its doors putting more stress on our shelters and putting more people on the street. Only increasing the need we are still seeing on our streets. It's incumbent on Council to take long-term action to address this part of the housing crisis. It's important that as we continue to define our role in housing, we avoid short-term fixes and focus on long- term policy that delivers effective results for the community. Motion: That Council engage with the province on their plans to address the homelessness crisis in New Brunswick and further direct staff to develop a strategy to address the City's response to homelessness in collaboration with the province and community partners. This strategy should address the gaps in our shelter network, identify supports for those living rough while ensuring there are direct pathways for people out of shelters, and work with partners to identify funding supports for this strategy. Respectfully Submitted, (Received via email) SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L41-1 1 wvwvsaintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L4LI WAR David Hickey Ward 3 Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wvwvsaintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L4L1 P10-1 COMMON COUNCIL REPORT M&C No. 2023-28 Report Date January 30, 2023 Meeting Date February 06, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. 2023 Field, Arena Floor and Tennis Court Rates AUTHORIZATION Primary Author I Commissioner/Dept. Head Chief Administrative Officer Cara Coes & Jen Reed I Jacqueline Hamilton J. Brent McGovern RECOMMENDATION Your Chief Administrative Officer recommends Common Council: 1. Approve freezing of the 2023 field, tennis, and arena floor rates, as presented in Table 1 of M&C Report 2023-28 to allow time for a complete review of the Recreation Subsidization Policy. 2. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2023-28 (Attachment'C'). EXECUTIVE SUMMARY Staff are recommending the freezing of field, arena floor and tennis court rates for the 2023 season to allow for a review of the Recreation Subsidization Policy. Sport and Recreation programming is an important priority for the City of Saint John, which contributes to the City's quality -of -life offerings and broader value - proposition. Common Council approved the Recreation Subsidization Policy (Attachment 'A') on December 16, 2019. An incremental approach for the implementation of the policy was then outlined in M&C Report 2020-58 (Attachment'B') to Common Council on February 24, 2020. Full implementation was scheduled for the 2022 season. Upon calculation of the proposed rates for 2022, staff identified that the youth rates were out of scope and recommended freezing for 2022, with next steps being to hire a consultant in 2023 to review. Updates to the Outdoor Facility Allocation Policy are being recommended, as highlighted in the attachment to this report (Attachment 'C'). The proposed updates are primarily related to dates, contact information, and increased administrative fees which reflect the cost of materials. MAN -2- PREVIOUS RESOLUTION December 16, 2019: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-332: Recreation Subsidization Policies - Sustainability Item, Common Council endorse the Recreation Subsidization Policies as described in M&C 2019-332. March 71h, 2022-: RESOLVED that the matter be referred to the City Manager to reconsider the youth rates on ballfields. March 21, 2022-: RESOLVED that Common Council freeze the rates as they currently are based on staff's recommendation for 2022 and that crucial investments be made in recreation and our parks to provide the best possible service to residents and develop a new governing policy in 2023 that embodies these values March 21, 2022-: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-074: Referral Response - 2022 Field, Arena Floor and Tennis Rates, Common Council: 1. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2022-074 (Attachment'H'); and 2. Direct the City Manager to develop recommendations for Finance Committee's consideration for the 2023 implementation for the Recreation Subsidization Policies, including, among others, the opportunity for additional P.R.O. Kids investment, additional affordability and competitiveness adjustments in the calculation of field rates, and further differentiation of field types in the assessment of rates. REPORT Each year recreation facility rates are brought to council for approval. Prior to December 2019, the hourly recreation facility rates were set by implementing a basic 2%-3% increase. There was not a structured formula to advise on rates. When comparing arena rates to field rates the cost recovery, per hour, based on total operating costs was not consistent between user group categories (Youth, Senior and Adult) or recreation facilities. To bring standardization and sustainability to recreation facility rates the Recreation Subsidization Policy was introduced in December of 2019. Common Council approved the Recreation Subsidization Policies on December 16, 2019, which brought a new vision for cost recovery in the usage of City - owned recreational facilities. The policies highlight the goal of achieving a new balance between individual user fees and taxpayer investment in the delivery of recreational services, while also reflecting appropriate cost -recovery percentages for various user categories. For example, Play SJ recommends that PAN-13 -3- youth recreational participation should be prioritized; therefore, the Policies indicate only 60% of costs should be recovered for that category of users. While the immediate implications of the Policies result in an increase in fees for user groups, the longer -term objective was to offer reliable, consistent, and high - quality recreational facilities to citizens and user groups. The main principles of the policy were to: • Subsidize all City taxpayers to a degree because each already pay taxes toward the use of Parks & Recreation facilities, • Ensure consistency in cost recovery between the various facilities, • Employ a commonly used practice of having differential cost recovery targets relative to adults, youth, and seniors, given relative community benefits received, and • Consider taxpayer affordability, particularly in relation to contributing to Sustainability for the years 2021 and 2022. • The modified cost recovery value for ball fields and floor use of arenas shall be 50% of full cost recovery. • City of Saint John Adults are to be subsidized at 10%, Seniors at 30% and Youth at 40%. Currently, rates are calculated by taking the overall operational cost, incorporating usage data, and setting the hourly rates using the stated cost recovery percentages within the policy. Arenas and tennis court facility rates are calculated using the total operation cost. Field and arena floor rates are calculated by using 50% of the total operation costs. The implementation of the policy was incremental and reached full implementation in 2022. While the arena rates at full implementation are comparable with other local facilities, the youth rates for fields are out of scope for the environment. Due to the categorisation of fields, (A level and B Level), and the consideration that youth sport use predominantly B level fields, which are scaled to be at lower cost, the hourly rate that would need to be charged on the B Level fields for youth are not comparable in nature to other local facilities and are unrealistically high for not -for -profit groups to absorb. A review of the Recreation Subsidization Policy is required to make the informed adjustment to the formula to determination how recreation facility rates are calculated. Funds have been allotted in the 2023 operation budget to hire a consulting firm to complete the review with the expected completion prior to the 2024 budgeting process beginning. Development of an updated sustainable Recreation Subsidization Policy should consider. • Operational Cost recovery targets • Affordability for user groups (youth, adult, senior and for profit) • Focus on Youth affordability for facility usage PASS] -4- • Best practices in local environment • Recommendations on budget allocation to sport facility maintenance • Recommendations on budget allocation to off set user fees Outdoor Facility Allocation Policy Updates The recommended updates to the Outdoor Facility Allocation Policy are highlighted in an attachment to this report. The proposed changes are primarily related to the annual updating of dates, as well as changes to contact information based on the City's organizational restructuring. Also updated is the administrative fee in relation to baseball field mounds. When requested by a user a mound can be constructed on field. These requests may happen twice yearly. There is a considerable amount of material required. Based on the increase in material cost, the mound fee is proposed to go from $500 too $1000. This fee will only cover the material cost, the user is not being charged for the labor. For reference to build a mound it requires two staff for a half day and then two staff, for 2 hours to remove the mound. A further recommendation is to slightly increase the field clean up fees; this will be included in the scope of review the consultant will be conducting. STRATEGIC ALIGNMENT This report aligns with Council's Priorities of BELONG by enhancing the quality of life and social well-being by offering recreation, arts, and cultural opportunities to align with PlaySJ and PERFORM by establishing a sustainability Recreation Subsidization Policy. SERVICEAND FINANCIAL OUTCOMES During the 2023 budgeting processes when calculating the projected revenue for fields, arena floor and tennis courts, the rates from 2022 were used. As such, it is anticipated there will not be a loss in revenue in 2023 if rates are to remain the same. It should be noted that participant usage among these recreation facilities saw an increase from the 2021 to 2022 season. Field usage increased by 5.6%, arena floor increased by 2.1% and court increased by 10%. If this trend continues into the 2023, even with rates remaining the same, the revenue generated from these facilities could increase. The conservative projected revenue for 2023 is $200,000.00. The proposed rates for 2023 are listed in table 1. W-11i1 -5- Table 1: Proposed Field, Arena Floor and Tennis Court rental rates. Facility Type Category 2023 Rate (plus tax) Field Class A Adult $56.00 Field Class A Youth $24.00 Field Class B Adult $38.00 Field Class B Youth $9.00 Field Shamrock Artificial - Adult $97.00 Field Shamrock Artificial- Youth $59.00 Arena Floor Adult $61.00 Arena Floor Youth $40.67 Shamrock Tennis Courts 1-5- Adult $14.84 Shamrock Tennis Courts 1-5 - Youth $9.90 Shamrock Tennis Courts 6-8- Adult $8.91 Shamrock Tennis Courts 6-8- Youth $5.94 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff from Parks & Recreation Facilities and Finance have reviewed this report. ATTACHMENTS Attachment 'A' - Recreation Subsidization Policies Attachment 'B' - M&C Report 2020-58 Attachment'C' — 2023 Outdoor Facility Allocation Policy W-15l ATTACHMENT `B' Recreation Subsidization Policies Details Attachment `A" As outlined in W&C 2019-332: Recreation Subsidization Policies - Sustainability Item', December 16, 2019: WHEREAS over -arching principles in development of policy is important, the following are recommended for Parks & Recreation service subsidization, • Subsidize all City taxpayers to a degree because each already pay taxes toward the use of Parks & Recreation facilities, • Ensure consistency in cost recovery between the various facilities, • Employ a commonly used practice of having differential cost recovery targets relative to adults, youth, and seniors, given relative community benefits received, and • Consider taxpayer affordability, particularly in relation to contributing to Sustainability for the years 2021 and 2022. WHEREAS costs to operate and maintain some Parks & Recreation facilities are significantly high and where significant negative impact on demand would result with application of the full cost recovery value; • A modified cost recovery value may be calculated and used in the place of the full cost recovery value; WHEREAS a modified cost recovery value is justified for ball fields and floor use of arenas; • The modified cost recovery value for ball fields and floor use of arenas shall be 50% of full cost recovery, WHEREAS City taxpayer investment in Parks & Recreation Services as described in AppendixA of this report represents approximately 10% of the residential tax base in the City of Saint John; • Generally, an Adult City of Saint John resident shall be subsidized by 10% and pay 90% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Seniors have contributed to the quality of life we now enjoy, may benefit from social interaction opportunities, and may face financial burdens, justifying their greater level of subsidization; WIN ATTACHMENT `B' Recreation Subsidization Policies Details • Generally, a Senior (65 years or older) City of Saint John resident shall pay 70% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Youth are our future community leaders where access to recreation opportunities can assist in learning teamwork, confidence, and other important life skills, justifying their greater level of subsidization; • Generally, a Youth City of Saint John resident (18 years or younger) shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS education improves employment opportunities, develops a skilled workforce contributing to the economy of the City of Saint John, and educational institutions add to the cultural fabric of our community; • Generally, teams of City of Saint John based schools in the Anglophone and Francophone School Districts, University of New Brunswick, and New Brunswick Community College, where generally more than 75% of participants of teams of said schools are Saint John residents, shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS City of Saint John Parks & Recreation facilities can and do host tournaments that draw significant numbers of visitors to the City from significant distances who overnight in City hotels, motels, etc. and/or use City restaurants contributing to our economy; • Generally, tournaments held at City Parks & Recreation venues where more than 20% of the participants are from outside the Greater Saint John Region shall pay 60% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS Non -Residents have the opportunity to receive subsidization from their fellow taxpayers toward Parks & Recreation Services they choose to enjoy within the Greater Saint John Region, including within the City of Saint John; • Generally, a Non -Resident shall pay 100% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS for -profit businesses that may benefit financially by enjoying subsidized use of City Parks & Recreation facilities; WIN ATTACHMENT `B' Recreation Subsidization Policies Details • Generally, for -profit businesses renting space at City Parks & Recreation facilities shall pay 100% of the full or modified operating cost when a user fee is applied to a Parks & Recreation Service, WHEREAS it is recognized third parties may and do operate City of Saint John owned Parks & Recreation facilities where user fees are charged; • Third party operators of City of Saint John owned Parks & Recreation facilities are requested to align with policies described in M&C 2019-332, WHEREAS subsidization of a wider range of Parks & Recreation related activities and infrastructure important to the community that do not necessarily align within defined scope of specific City service areas is justified and needs to be transparent and limited within defined resource levels; • The City's Community Grants Program and Land for Public Purposes Fund shall be the primary sources to provide financial and in -kind support for community recreation initiatives, events, and infrastructure improvements, WHEREAS to reallocate subsidization of some activities that have in the past been subsidized by City service areas that more appropriately align within scope of the Community Grants Program, where there is community benefit in continuing to support these activities; • A $40,000 increase to the Community Grants Program budget shall be considered for the 2020 General Fund Operating Budget by Common Council for the purposes described in M&C 2019-332. f��:il COUNCIL REPORT M&C No. 2020-188 Report Date July 28, 2020 Meeting Date August 04, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. 2020-2021 Arena Ice Rental Rates, Flash Sales, and Allocation Policy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly/Amy McLennan Michael Hugenholtz John Collin RECOMMENDATIONS Your City Manager recommends Common Council: 1. Approve the hourly ice rental rates at the three City -operated arenas starting in October 2020, as proposed in Table 4 of M&C 2020-188. 2. Endorse the implementation of 'Flash Ice Sales' after initial seasonal arena booking requests have been addressed, as outlined in M&C 2020- 188. 3. Approve the updated City of Saint John Ice Time Allocation and Management Policy, as attached to M&C 2020-188. EXECUTIVE SUMMARY City staff are recommending Common Council approve arena ice rental rates for the three City -operated arenas for the 2020-2021 arena ice season. As noted in the February 24, 2020 'Summer 2020 Sports Field, Arena Floor, and Tennis Rates' report to Council, an incremental approach is being implemented to achieve targets in line with the Recreation Subsidization Policies approved by Common Council in December 2019. It should also be noted that the additional revenues from these rate increases would contribute to addressing the City's overall deficit and are part of the approved Sustainability Plan. This report also proposes the implementation of 'Flash Ice Sales' after initial seasonal arena booking requests have been addressed in order to maximize 652 285 IrAE overall revenue. In addition, City staff have proposed changes to the City of Saint John Ice Time Allocation and Management Policy; the revised Policy is attached to this report. PREVIOUS RESOLUTION On December 16, 2019, via M&C 2019-332, Common Council approved the following Recreation Subsidization Policies: • 50% Modified Cost Recovery Value for fields and arena floor • 90% Modified Cost Recovery from Adult Residents • 70% Modified Cost Recovery from Senior Residents • 60% Modified Cost Recovery from Youth Residents • 60% Modified Cost Recovery from School Teams from schools based in Saint John • 60% Modified Cost Recovery from Tournaments • 100% Modified Cost Recovery from Non -Residents • 100% Modified Cost Recovery from For -Profit Businesses REPORT Incremental Arena Ice Rental Rates As noted in the February 24, 2020 'Summer 2020 Sports Field, Arena Floor, and Tennis Rates' report to Council, an incremental approach is being implemented to achieve targets in line with Council's Recreation Subsidization Policies. These policies were among the content discussed at meetings City staff held with sports facility user groups on January 16, 2020, and July 22, 2020. Concerns were raised by some of these groups that facility rental fees would be unaffordable to their organization and membership. The goal is to work with user groups in an attempt to maintain their sustainability, while at the same time remaining in line with the policies and achieving the required contributions to the City's 2021 and 2022 projected deficits. Consistent with what was done for the summer sports, City staff are planning a incremental approach for achieving Recreation Subsidization targets relating to arena ice, with full implementation in 2022. This provides more time for user groups to adapt to associated rate increases. Table 1 shows the intended cost recovery targets for the next two ice seasons with full implementation of the policies in season 2: 653 286 IRIE TABLE 1: Estimated 2020-2021 Saint John Resident User Recovery Rate Estimated 2021-2022 Saint John Resident User Recovery Rate Youth 54% 60% Seniors 64% 70% Adults 81% 90% Table 2 below indicates the 2019-2020 rates, for reference purposes: TABLE 2: Approved 2019-2020 Hourly Rate (exclusive of HST) Early Morning $79.00 Pre -Prime $90.00 Prime Time -Youth Recreational $115.00 - Youth Tournament - School Hockey Prime Time $186.00 Post -Prime $153.00 Table 3 displays the estimated average hourly arena rental rates at the various Recreation Subsidization cost recovery targets as presented in the 16 December cuiy council report and presented to user groups in January 2020: Average FutureAverage Future Average Future Average Future Average hourly value Hourly Rate with Youth Hourly Rate Seniors Hourly Adult Hourly Rate 2019 Cost for 2m9 Cost Modtfied 100% cost with 60% cog Rate with 70% Cost with 90% Cost Facility Recovery % Recovery % Recovery Value Recovery Value Recovery Value Recovery Value 'Arena Ice 41% $ 151.97 310.02 $ 196.01 $ 217.01 $ 279.02 Table 4 displays City staffs recommended rental rates for 2020-2021 based on the recommended iterative recovery goals: TABLE 4: 2020-2021 Proposed Rates (exclusive of HST) Youth j Schools % Tournaments Seniors Adults For -Profit Early Morning $115.00 $150.00 $150.00 $150.00 Pre -Prime $120.00 $180.00 $222.00 $240.00 Prime Time $176.00 $190.00 $263.00 $289.00 Post -Prime $120.00 $153.00 $222.00 $240.00 Managing Costs and Revenues The overall operational costs for City -operated arenas have recently been reduced. This is reflected in the proposed ice rental rates, which translates into reduced costs for all end users and reduced taxpayer subsidization. Two years ago, the 100% cost recovery'Prime Time' rate was calculated to be approximately $350jhour, compared to $325jhour now. These cost reductions 654 287 -4- were achieved through various continuous improvement initiatives (e.g., efficiencies in arena staff scheduling), by implementing recommendations suggested by user groups (e.g., stricter cancellation policy), and through the 'Arena Closure' Sustainability item that rightsized the overall supply of arenas. Participant and User Group Opportunities to Mitigate Impact of Rate Increases In addition to the City's efforts to mitigate impact on arena user rates, participants and user groups can take steps. PRO Kids and other organizations are available to families who face financial obstacles to allowing youth to participate in recreational opportunities. User groups are able to seek sponsorship or pursue other fundraising opportunities to mitigate against rising participant registration fees. User Group Feedback A consultation session with all sports user groups was held in January 2020 presenting the approved Recreation Subsidization policies and the predicted impact on user fees. Another consultation session was held with only arena ice user groups on July 22, 2020, to seek input in preparation for this report. Topics discussed included Recreation Subsidization, program options for subsidizing City residents, Ice Allocation Policy updates, proposed Flash Ice Sales, and COVID-19 implications. Key points from the overall discussion that pertain to this particular report were as follows: • Concerns were raised that Saint John could be priced out of the market with regard to hosting tournaments, which are also a major fundraiser for many groups; • Representative from Metro Gents stated that if proposed ice rental rates go through, they will see a reduction in participants and if they do not get at least six teams, they may no longer be able to continue; other groups expressed similar concerns around the potential for a decrease in participants as a result of rates, as well as potential impacts of COVID-19; • Potential of extending the cancellation deadline until two weeks into October was discussed, to allow more flexibility in light of COVID-19 and unpredictable levels of participation; and • Suggestion made to explore two booking timeframes within the winter ice season (pre -Christmas and post -Christmas). It should be noted that overall rates, including those for tournaments, are in alignment with Council -approved Policies. If ice times are not booked specifically for tournaments, it is likely they will be booked for other use, still resulting in the required revenue for the City. 655 288 -5- City staff contemplated the implementation of two booking timeframes; however, there is a need to determine demand as early on in the season as possible. This will allow the supply of taxpayer subsidized facilities (i.e., hours of operation/ice time) to be adjusted if necessary, in a fiscally responsible manner. User groups felt extending the cancellation deadline would provide them with much needed flexibility, particularly in light of the ongoing pandemic and unpredictable levels of participation in their programs. City staff agree and have proposed to extend the cancellation deadline by four (4) weeks as part of the Ice Allocation and Management Policy changes. Flash Ice Sales Given the City of Saint John's sustainability challenges, maximizing revenues from arena operations is important. It is also recognized that there is a need to balance a "business" approach with the social responsibility of providing affordable recreational opportunities for Saint John residents, with a particular focus on recreation for youth. For that reason, City staff are requesting the ability to offer flash sales of ice time, using an open and transparent process that allows equal opportunity for all. Ice times used for 'Flash Ice Sales' would be the ice times that are left over after the initial allocation of seasonal ice has been completed. These available ice times would be advertised without advance notice, periodically throughout the arena season at staff's discretion. Multiple hours or single -use hours would be advertised at reduced rates. Staff are requesting the flexibility to set sale rates in an effort to maximize ice utilization and revenue. In the event of competition for an ice time, staff would initiate a bidding process to generate the highest rate possible. It is contemplated weekly combined hour offerings would not exceed three weeks at a time in order to mitigate the risk of organizations waiting for the flash sales and then offering instructional, for -profit programs. In the event user groups approach the City for discounted ice time packages, the proposed packages would be offered publicly first to determine if there are any other parties interested in bidding as well. Once a group's proposal is accepted, that particular group would not be able to submit another proposal for the same weekly ice time (or for a similar request) for two weeks. Ice Time Allocation and Management Policy Changes City staff have proposed changes to the City of Saint John Ice Time Allocation and Management Policy. The revised Policy is attached to this report. The more significant proposed changes to the Policy are highlighted as follows: "N. -6- a Youth General divided into'Not-For-Profit' and'For-Profit' For -Profit focuses on enhanced skills development, with program registration fees set to generate revenue and short-term participants who have historically been primarily non-residents. Schools moved to the Youth General'Not-for-Profit' category High school teams are developmental and competitive in nature, associated with the New Brunswick Interscholastic Athletic Association, and are made up primarily of Saint John residents. Standard of Play adjustments Not including new and emerging groups, adjustments specify that no organization or team will exceed the allotted number of hours from the previous season unless the additional hours are properly justified. The goal is to minimize the risk of groups asking for multiple hours that will monopolize large quantities of ice which could be subsequently cancelled. This will provide City staff with more flexibility in the booking process in order to maximize overall ice utilization and, in turn, overall revenue. User Cancellations adjustments Seasonal ice request cancellations made by the indicated deadline will not include requests to cancel every second week and sporadic ice times throughout the season. These cancellations generate large amounts of undesirable ice times that are difficult to rent for the season. In addition, the cancellation deadline for the winter ice season will be extended until the last Friday in October. Moving Towards City Taxpayers Subsidizing Only Saint John Resident Arena Users Common Council's approved Recreation Subsidization Policies indicate the need to subsidize only City residents at various levels (depending on whether the City resident participant were a youth, adult, or senior). As discussed previously with Common Council, a challenge remains that the City's financial relationship is with the user groups and not the participants. User groups often including a proportion of both City residents and non-residents with no existing direct financial relationship to subsidize only residents. Implementing a "Saint John only" solution to ensuring only Saint John resident ice sport participants are subsidized by City taxpayers with this challenge in mind can be accomplished with different options such as: • Recreation Cards - non-residents pay an additional fee to bring these participants to 100% cost recovery when subsidized rates to the entire user group is charged (attempted in the 2019-2020 ice season), or 657 P4%I97 • Resident Rebate —100% cost recovery rates are charged to user groups where rebates are issued indirectly back to City residents via the user groups to allow only these participants to be subsidized. The above two methods were discussed at both the January and July 2020 consultation sessions with user groups. It remained clear during these discussions, as has been the case previously, either method creates risks and burdens to both the City and the user groups. A regional collaborative approach, via a cost sharing agreement with our regional neighbours, is the alternative to a "Saint John only" solution that would meet the goal of the City (and our regional partners) of aligning our respective taxpayer subsidization with use of these arena facilities. This solution eliminates some of the risks and burdens to the municipalities and user groups as the new financial relationship shifts to the respective municipalities as opposed to the user groups or individual participants. Although attempts to achieve a regional agreement on recreation facilities have not created tangible results, the Greater Saint John Region has had recent success in achieving regional collaboration relative to an Economic Development framework. Between an opportunity to build on the regional collaborative success with the Economic Development file and the risks and burdens related to a "Saint John only" solution, City staff are recommending to delay implementation of any form of non-resident user fees for one season (the 2020-2021 ice season) only. The 2020-2021 rates being recommended in this report (table 4) are subsidized rates that would be enjoyed by all users, both residents and non-residents. The framework of Saint John's proposed collaborative regional cost sharing model is included in Appendix A of this report, complete with an illustrative example. This does not need to be the final solution as consultation with our regional partners remains important. However, the appended example demonstrates how the goal of aligning contributions by our respective communities can align with regional use of ice arenas. Should a regional approach to cost sharing prove impossible, either just for arenas or more holistically for all services offered by the City to the Region, then the staff will need to return to Council at a later date with recommendations on non-resident user fees for recreation. The elimination of City of Saint John taxpayer subsidies to non-residents remains the ultimate objective but more time is required to find the best possible solution. Delaying implementation of any option by one year will not put the City's overall sustainability plan at risk. An oversupply of arenas in Saint John has been one impediment to reaching a regional arena cost sharing agreement. Common Council's recent decision to close the Hilton Belyea Arena mitigates, in part, this concern. 658 291 -8- STRATEGIC ALIGNMENT The revenue from 'Flash Ice Sales' and the implementation of arena ice rental rates in accordance with the Recreation Subsidization Policies support Council's Priority to be Fiscally Responsible and contributes to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES An approximate $56,000 net increase in arena revenues over 2019-2020 budgeted revenues would be expected if Council supports the 2020-2021 rates recommended by staff in this report. This net increase both aligns with an incremental approach of achieveing Council's subsidization policy over two seasons and with Council's approved Sustainability Plan for the years 2021 and 2022. The following should be noted with regard to this projection: • The 2020-2021 season will see a decrease to three (3) arenas, down from four (4) arenas the previous season; • The estimated $44,000 in revenue loss assumed to result from the closure of the Hilton Belyea Arena has been incorporated into this projection (that closure also resulted in a reduction of $199,000 in costs from the operating budget, netting a savings of $155,000); • This projection assumes no change in demand, nor does it assume any impacts on revenue due to COVID-19, which may or may not become a factor; • Any additional revenue that could potentially be realized with the introduction of 'Flash Ice Sales' has not been included; the uptake on that proposed initiative will be revealed in year one. It is estimated a net reduction in revenues of approximately $80,000 will result as a result of not pursuing revenues from non-residents for the 2020-2021 ice season. This reduction is being reflected in the 2020 General Fund Revenue and Operating budget analysis. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff from Parks and Recreation, Finance and Administrative Services, Materials Management, and the Sustainability Team provided input for this report. User Group Consultations 659 292 -9- City staff continue to maintain dialogue with sports user groups that rent City recreation facilities. Consultations were held most recently on January 16, 2020 (in person), and July 22, 2020 (virtually). The purpose for these sessions were to seek feedback with regard to the Council -approved Recreation Subsidization Policies, including their implementation, and to discuss other Sustainability Initiatives. Various input provided are distributed throughout this report. ATTACHMENTS • Appendix A— Details/illustrative Example of a Regional Arena Cost Sharing Model • Saint John Ice Time Allocation and Management Policy 2020-2021 • City Staff Presentation 660 293 -10- Appendix A Details/illustrative Example of a Potential Regional Arena Cost Sharing Model The City of Saint John, Town of Grand Bay -Westfield, Town of Rothesay, and Town of Quispamsis, hereafter referred to as the municipalities, acknowledge the following 8 arenas are owned and subsidized by our respective municipalities, hereafter referred to as "Regional Arenas": o River Valley Community Centre (Grand -Bay Westfield) o Rothesay Arena (Rothesay) o Quispamsis Memorial Arena (Quispamsis) o QPlex (Quispamsis) o Stewart Hurley Arena (Saint John) o Charles Gorman Arena (Saint John) o Peter Murray Arena (Saint John) o Lord Beaverbrook Rink (Saint John) • The municipalities acknowledge users from our respective jurisdictions and the Local Service Districts (all of the Fundy Region) cross municipal boundaries to use these Regional Arenas • The municipalities agree that each of the Regional Arenas is assumed to have an annual operating deficit of $190,000 paid by our respective taxpayers. The total assumed operating deficit for all 8 arenas would therefore be $1,520,000. • All user groups that arrange more than 5 ice bookings in any Regional Arena over the course of a season (October -March) are considered "Applicable User Groups" • Each of our respective municipalities (or collaboratively between our respective staff) will collect updated user data that includes the number of hours of ice booked by each Applicable User Group and the number of participants within Applicable User Group that come from each municipality, and collective of users from the LSDs. Each municipality then calculates the "person -hours" that their Regional Arena(s) serve from each of these respective municipalities and LSDs (including from their own municipality) • The total and percentage of "person -hours" served from each municipality and the collective of the LSDs at all Regional Arenas is then calculated. The percentage of "person -hours" served multiplied by the total assumed operating deficit of $1,520,000 calculates the amount of deficit each jurisdiction should be contributing based on usage. • The amount of deficit each jurisdiction should be contributing based on usage subtracted from the deficit each is assumed to already pay using the $190,000 figure and number of arenas determines the amount that municipality or LSDs is owed (or owes) under a cost sharing agreement. • Once agreement by the municipalities is reached, the Provincial Department of Environment & Local Government would be approached to secure a solution to funding owed by the LSDs. • It is acknowledged the Four Seasons Arena in St. Martin's would need to be incorporated into this framework at the appropriate time • It is acknowledged this cost sharing model can and should be replicated for other regionally enjoyed recreation facilities. The following table shows how the above cost sharing framework would be operationalized into a cost sharing formula. The "person -hour" figures are simply for illustrative purposes only. In this illustrative example, use by participants in each of the 4 municipalities is slightly below the inventory of Regional Arena assets, with users from LSDs contributing to the remaining demand in each arena causing the LSDs contribution to be divided between each municipality. The actual "person -hours" calculated would determine the ultimate contribution by each municipality and LSD. 661 294 -11- Person-hours served from: Municipalities with arenas Grand Say - Westfield Rothesay Quispamsis Saintiohn Ks TOTA, Grand Bay-Westf-eld 10500 1000 9000 11000 1000 31500 Rothesay 1000 10000 3000 11000 1500 265W Quispamsis 1000 1000 12000 12000 1000 270-,a Saint John 1000 1000 4000 20000 1500 275M TOTAL 135W 13000 27000 54000 50M 1125M TOTAL% usage 12% 12% 24% 48% 4% a of regional arenas 1 1 2 4 0 Assumed deficit per arena $ 190,000 $ 190,000 $ 1901c00 $ 190,000 $ 190.000 Current total assumed def.c,t 5 190,000 $ 190,000 $ 380.000 $ 760,000 $ - $1.520.000 Total deficit responslbi+ ty based on % usage $ 192,400.00 $ 175,644.44 $364,800.00 $729.60000 $ 67,555.56 Revenues owed under agreement (owe if negative; 5 7,6W.00 $ 14,355.56 $ 15.200.00 $ 30,400-00 $ (67,555.56) 662 295 Play � Recce 1. FIELD OPENINGS OUTDOOR FACILITY ALLOCATION POLICY (Including arena floor rentals) • Baseball/softball diamonds and sports fields open on the Friday before the Victoria Day long weekend in May (May 19, 2023), weather permitting. • Emera Artificial Turf Field opens April 1, 2023, (potential for earlier dependent on the weather). 2. FIELD CLOSINGS • Baseball/softball diamonds close on September 5, 2023. • Memorial 1 and 2, Harry Stephenson, and Charlie O'Brien will remain open until the second weekend in October to accommodate high school and fall adult league play. • Multi -use sports fields will close on the second weekend in November. • Emera artificial turf field at Shamrock Park will close the second weekend in November. Staff will close the field earlier/cancel bookings in the event of a large snowfall prior to the set closure date. The field may be opened upon request, weather permitting. 3. CURFEW • All fields with lighting must end play by 12:00 midnight, as lights cannot be left on any later than this time per City bylaw. It is the responsibility of user groups to manage field time adequately to be done play prior to the lights turning off. 4. OFF-SEASON ARENA OPENINGS/CLOSINGS • Arenas will be open for arena floor bookings beginning Monday, April 17, 2023. • Arenas floors are closed for the season on September 20, 2023, unless stated otherwise. 5. COURT OPENINGS/CLOSINGS • Opening of courts is weather dependent and will be at the discretion of Parks and Recreation staff, (April or May). f�4%1.1 • Closing of the tennis courts is weather dependent and will be at the discretion of Parks and Recreation staff, (mid- to late -October). 6. PRIORITY SCHEDULING PROCESS The City of Saint John will allocate outdoor facilities (and arena floors) according to the following priorities: 1. City of Saint John Programs and Special Events. • Priority may be given to City of Saint John sponsored Special Events (Provincial & National Sporting events), dependent on the scope. 2. Youth Associations, Organizations, and Groups. • Non-competitive and Competitive Youth Groups will be non-profit and based in the City of Saint John. • Will be established providers of quality sport and recreation programs for youth. • Membership in the group will be made up predominantly of City of Saint John residents. • Youth Associations, Organizations, and Groups must also: ■ Be guided by a constitution and bylaws ■ Have an auditable financial statement ■ Be affiliated with a Sport Governing Body ■ Have an elected board of directors • Non-competitive and Competitive Youth Associations, Organizations, and Groups may be required to produce evidence that the above conditions are met. 3. New Brunswick Department of Education and School Districts. • Publicly funded schools recognized by the Province of New Brunswick as an educational institution, located in the City of Saint John. • Membership in the group will be made up predominantly of City of Saint John residents. • When schools are booking Department of Education owned fields, they will receive first priority until 5pm for practices and full priority for games, providing that booking deadlines are met. 4. Adult Associations, Organizations, and Groups. • Purpose of the Association, Organization, or Group is to involve individuals in recreation and sport. • Membership in the group will be made up predominantly of City of Saint John residents. 5. Commercial and Occasional Users. • For -profit organizations or individuals that use ice time with the intent of generating positive net income. 2 297 7. Gender Equity Equitable access to recreation facilities is fundamental to the wellbeing of all citizens. The City of Saint John is committed to achieving access and equity in allocation of public recreational spaces. Scheduling to offer reasonable and fair opportunity to use facilities in a proportionate and equitable manner will be achieved by taking into consideration the following: • Equitable distribution of Prime versus less desirable time slots while following identified client priority. • Addressing existing inequities with respect to those who identify as women or girls. • Special consideration will be given to reduce significant barriers to increase inclusion for all genders, but specifically focusing on those who identify as women or girls (start times, facility environment, facility location, program needs, and facility amenities). 8. RESIDENCY REQUIREMENTS The City of Saint John recognizes the tax -based contributions provided by its residents toward the development and operation of recreational facilities. The City of Saint John also recognizes that residents will always receive priority over non-residents; therefore, it shall be the guideline of the City of Saint John to require applicant groups to demonstrate that a minimum of 75% of their total membership are residents of Saint John in order to be placed in the allocation priorities. Those groups who do not meet the 75% requirement will be placed in order of residency rate in the allocation process in their respective sections. Groups that are not based within the City of Saint John and have zero Saint John residents will be booked last overall. The City of Saint John reserves the right to impose residency requirements or limitations on field applicants where field capacity is restricted (i.e., where demand outweighs supply). 9. RESIDENCY INFORMATION The City of Saint John reserves the right to request that applicant groups submit to Parks and Recreation their membership lists from the current year including participants' telephone numbers and addresses, for review. If membership lists are not provided within the specified timeframe, it will be assumed that 100% of the members from the applicant group are non-residents. All information submitted will not be shared and is for verification of residency only. W-1-13 10. DEADLINES FOR FIELD REQUESTS AND CONFIRMATION Applications Deadline Contracts out Contracts Signed & Returned Spring 3rd Friday in February Last Friday in February 2nd Friday in March Summer 2nd Friday in March Last Friday in March 2ndFriday in April Fall 1st Friday in June 3rd Friday in June Last Friday in June 11. TOURNAMENTS/SPECIAL EVENTS Any groups wishing to use City fields for a tournament should contact 658-4455 or email recandparks(cDsaintiohn.ca to make the necessary arrangements: a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being a Registered Charity. b) Groups fundraising for a Registered Charity (donating all proceeds of the tournament) will receive a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity confirming the donation. Pictures of cheque donations are not accepted. c) Tournament Pricing- regular hourly rates apply. Tournaments that can demonstrate 20% of the participants are from outside of the Greater Saint John area will receive the discounted pricing listed above. Groups may utilize option a, b, or c. Options may not be combined. d) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice will result in loss of the deposit; for cancellation without 30 days' notice, the user will be required to pay 50% of the billed amount less the deposit. e) Tournaments must be paid in full prior to booking. f) Rentals are not confirmed until all applicable fees are paid in advance of usage, an invoice is signed, and appropriate insurance documents have been provided (or insurance has been purchased through the City carrier). g) Any groups planning on serving food (example: BBQ or Food Truck) where canteen operators are already in place need to gain approval from the Parks and Recreation Department. Canteen operators have the catering contract for that sporting facility and must be contacted prior to the tournament for approval or cooperative vending. Groups disregarding this policy will be charged a non-compliance fee. h) When booking field time, please take into account the time required for set up and take down. i) Bases are not provided at the fields. j) Included in the rental is the first lining of the field. Any additional lining will need to be requested and additional fees applied. 12. BOOKING A FIELD All initial seasonal field bookings and tournament requests must be submitted by completing an APPLCATION FOR SPORTSFIELDS FIELDS, ARENA FLOOR, TENNIS COURTS or TOURNAMENT/EVENT REQUEST form. These forms can be found following this online path (www.Playsj.ca) Helpful hints> Parks and Recreation> Sports fields and courts> Related documents). Applications for sports fields will P"001 be sent out to all documented users at the beginning of each season, please email completed applications to recandparks@saintjohn.ca. Requests will not be taken via email. For rainout rebooking's, please call 658-4455 or email recandparks@saintiohn.ca with the following information: group name/contract number, field/date/time you had booked and what date you are looking to reschedule to. 13. PAYMENTS Facility permits must be signed, (acknowledging fee payment) and returned to the City of Saint John prior to use. Payments are due payable by the dates listed below. Failure to pay your bill will result in your future field time being cancelled. This policy will be strictly followed. Late payment fees will apply. Previous years contracts must be paid in full before new field bookings are allocated. *Tournaments must be paid in full prior to booking. Season 50% Payment Due Remaining Balance Spring Last Friday in April 1 week after last scheduled booking for the season Summer Last Friday in June Fall First Friday in October 14. CANCELLING USE OF FIELDS IN INCLEMENT WEATHER Parks and Recreation reserves the right to cancel scheduled usage of City fields due to inclement weather. Sports fields in the City of Saint John will be considered UNPLAYABLE if any of the following conditions exist: 1. Visual ponding of water on the surface of the field/diamond. Water sponging up around your feet when walking on the field/diamond. The time of year and the cumulative amount of stress on the field/diamond. Staff understands how important it is for groups to play their scheduled games; therefore, staff will make every effort possible to prepare fields for scheduled play by the 3:00 pm (City fields) deadline. Parks and Recreation has a recorded message regarding City field closures, which you should call if the weather is inclement: 652-PLAY (7529). If weather conditions deteriorate after the 3:00pm deadlines and your group is at a field where the above criteria exist, you are asked NOT to play the field. Please notify the City of Saint John in the event you do not use the field due to weather, so your invoice can be adjusted accordingly. This needs to be done in a timely matter. Cancellation due to weather will not be accepted at the end of the season. EcON Please note: No two fields drain the same way and some fields are prone to holding standing water more than others. In this case, these fields may remain closed while others maybe cleared for play. Also note that our fields will generally drain less water in early spring and fall when the water table tends to be higher than the summer months; therefore, field closures may be more frequent at these times. Experience has shown that most turf damage occurs when fields are overused or when fields are used during unplayable conditions. Please help keep our fields safe and playable. Other Factors to be Considered There are some situations when staff will consider factors other than the existing standing water on a field, water sponging around their feet, or the time of year when judging a field's playability. These factors include the following considerations: • Championship game of a tournament or playoff season • The game involves a team from out-of-town that has left for Saint John or has already arrived • A high profile event (Provincials, Eastern Canadians, Nationals) It would be appreciated if you would contact 658-4455 if you will not be using your field or your season has come to a close. This information is communicated to City maintenance staff. 15. USER CANCELLATION PROCEDURE Users are expected to give adequate notice of cancellation to allow staff the opportunity to resell field time. Failure to do so will result in the user group being charged full price. Cancellations for past field time will not be accepted. Elimination series will be exempt from cancelation deadlines. Season Cancelation due date Spring 5 business days' notice Summer 5 business days' notice until Third Friday in June after that date, no cancelations are accepted Fall 5 business days' notice Emera Artificial Field Spring-5 business days' notice Summer- 5 business days' notice until Third Friday in May, after that date, no cancelations are accepted Fall- 5 business days' notice until the third Friday in September, no cancelations are accepted [till 16. INDEMNIFICATION AND INSURANCE REQUIREMENTS The user must, at all times, keep in force and in effect a Comprehensive General Liability insurance policy. A copy of the insurance certificate must be presented to the City of Saint John before the scheduled field time, with the following requirements being met: a) Minimum limits of two million ($2,000,000) b) The City of Saint John added as "Additional Insured" C. A cross liability clause D. For organizations/group dealing with youth 18 years and under, Limit and Conditional Coverage for physical and sexual abuse is required. E. The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John. If any group does not have the required insurance coverage, it can be purchased through the City of Saint John's insurance carrier for a nominal rate. Conditional coverage for physical and sexual abuse for youth 18 and under cannot be purchased through the City of Saint John's insurance carrier and must be arranged by each user group. 17. GROUP REPRESENTATION In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between the City of Saint John and their group. All communications between the group and the City should, at all times, be channelled through each group's representatives. 18. CONCESSIONS The City of Saint John establishes agreements with specific providers to operate the concession stands at the Memorial Field, Forest Hills, and Shamrock Park; therefore, no other concessions are allowed to be set up on City property without proper consent from the concession operator and the City of Saint John. 19. ADDITIONAL FEE/INFORMATION • Please make it a habit to bring your contract to the field with you to avoid any confusion regarding field bookings. • Respect and adhere to scheduled time limits. • After field use, it is required that all trash be picked up and placed in the proper receptacles. Special attention should be focused on the team area. Please return all equipment from where it was found; do not drag goals or equipment. Please report any field issues or concerns to the City of Saint John at 658-4455 or email recandparks@saintjohn.ca. • The City does not provide bases at any fields. 1919% • If any league or team representative has a special request for field maintenance services, please call 658-4455. • Field opening and closing dates may change on a per field basis depending on maintenance and resting needs. • Please draw league schedules and playoffs to fit within the dates indicated. • Effort will be made to schedule the artificial turf field (Emera Field) as to provide as many user groups as possible with access to the field. Groups may be asked to change field requests to accommodate this process. • Emera Artificial Turf Field - to protect the field surface and avoid conflict between users, we ask all groups, officials, and spectators to be aware of the following forbidden items, and conditions of field use. Coaches are responsible for the conduct of their team. A. Prohibited on Field: ■ Glass ■ Fireworks ■ Pets ■ Seeds ■ Sharp objects (do not make turf punctures with stakes, pins, metal cleats) ■ Flavoured drinks (colourless water ONLY) ■ Unauthorized vehicles ■ Bare feet ■ All spectators must remain outside of the fences in area. B. Cleats/Footwear: Molded plastic cleats not exceeding 2 inches, turf shoes, or running shoes are permitted. All players must clean their cleats from dirt before walking on the field. Metal cleats and screw in plastic cleats are forbidden. Home teams must notify away teams of these rules. All players must be off outdoor fields surfaces when lining to avoid injury to staff 20. Sport Facility Code of Conduct In an effort to ensure all activities in City of Saint John sports facilities are desirable and fulfilling experiences for all involved, the City of Saint John has an 'Sport Facility Code of Conduct' policy. The City of SaintJohn also supports the individual 'Code of Conduct' policies of organizations and associations who use City of Saint John facilities. The City of Saint John is committed to providing an environment in which all individuals are treated with courtesy and respect. As such, all sport facility users shall conduct themselves in a manner consistent with good sportsmanship and behaviour that is appropriate, fair, and mutually respectful. Harassment and discrimination are never acceptable and will not be tolerated. 1919191 If at any time a sport facility user feels harassed, they should report this concern to a game official, City staff, league official, or school official. Please note the following: 1. Any person whose conduct is not conducive to maintaining a positive environment during the event will be given a verbal warning to improve their behaviour or may be asked to leave, dependent upon the severity of their behaviour. This action can be taken by a game official, City staff, league official, or school official. City staff need to be informed whenever a verbal warning has been issued. Physical abuse violations will result in an immediate dismissal, with follow-up investigation. 2. If the person continues to be disruptive, it is at the discretion of the game official, City staff, league official, or school official to ask the individual to leave the building/field, or to directly contact the Saint John Police Force to escort the person from the facility (any citizen has the right to call Police if they feel threatened, at any time). 3. Any person or group found to be in violation of the terms of the Outdoor Facility Allocation Policy will be subject to the listed penalties in the Arena Code of Conduct Policy. * If multiple league/team participants are receiving warnings regarding their behaviour, they will be treated as one and the league/team designate will be contacted. If the behaviours do not improve, rental time may be reduced/taken away. This will be at the discretion of Growth and Community Services staff, upon investigation. Examples of unacceptable behaviour include the consumption of alcohol/drugs, smoking/vaping, and verbal/physical abuse. 21. ADDITIONAL OUTDOOR FACILITY FEES Charge Fee (Taxes not included) NSF $25 Late Payment Fee $50 - Team *additional $25 per week payment is late $200 - League *additional $25 per week payment is late Reinstatement Fee $200 Previous account has gone unpaid and sent to collections. *User must follow the delinquent account payment terms. If adhered to terms, the reinstatement fee will be returned. Delinquent Account • 25% of invoice is due prior to first booking, (applied to accounts that were delinquent the year • 25% due within first quarter of season, previous) . 25% due halfway through season, and • 25% (remainder) due three quarters of the way through season. 9 304 Non -Compliance $50 per week, to a maximum of $200 if they (request for residency information) never submit, plus will not be eligible for priority bookings the following year. Field Tournament Deposit $200 Non -Booking Fee Cost of field rental + $50 (groups using field without booking) Field Clean Up $75 first time offense $125 any recurring offenses Field Double Bookings Offender shall pay the cost of the other team's booking, plus $50. Void Key Deposit Return $100 Repeat infractions may result in loss of key privileges. Ballfield/Softball Lining $75 (5 business days' notice is required. Late requests may be subject to additional fees. Lining services are available during regular working hours.) Multipurpose Field Lining $250.00 (5 business days' notice is required. Late requests may be (Soccer/Lacrosse/Field Hockey/Rugby) subject to additional fees. 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E E E E E o O O O O � o L L O 'i O O O O O a� U O C: — +-' Q i O -1 Vf > fa U N a O ^ O 0 0 O U 0 ° N o a Q O aJ > V o a) ca QO U cJ) E.� a) — Lu a SEE �> E� O O �... a) L � —' a E a O 0 a Ln aJ 0 0 O- E E U l�A E O Ln U N o a- J > O c/) U o a,o O E a U O N j L O — O— — U V V =O a� a) > a, > E Q LL D D O U U E E E 0 0 0 O f6 E a--+ 0 aJ � E a..+ aJ � fa -0 C: fa •� fa C: C M U cn L- Q C: •> U C: E m a1 a-1 0 > J M U a, U o au _ m � O Q Q aaj U •� cn _0 -0 •> ° a �u 0 aJ aJ � N O •� Q Q L '> E E U O O �a Of LL U U E 0 a Ln fa 0 a 0 a N co Am M&C No. 2023-24 Report Date January 31, 2023 Meeting Date February 06, 2023 Service Area Growth and Community Development Services SUBJECT: Name Change H&S Meats in City Market EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The owners of H & S Meats have restructured their business and subsequently are looking for consent to transfer the leased space from the original business H & S Meats LTD to H & S Meats Uptown Market LTD. COUNCIL RESOLUTION NOW THEREFORE BE IT RESOLVED that the City approve the transfer of the Leased premises from H & S Meats LTD to H & S Meats Uptown Market LTD, under the terms and conditions as set out in the indenture submitted with M&C 2023-24 And that the Mayor and Common Clerk be authorized to execute any necessary documents. M-1i1 M&C No. 2023-23 Report Date February 01, 2023 Meeting Date February 06, 2023 Service Area Strategic Services SUBJECT. 2023 Insurance Renewal AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Ian Fagan Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that Council accepts the insurance package presented by BFL Canada, through our Agent of Record, JM & CW Hope Grant Ltd. and approves maximum payments as follow: Insurance Premiums of $1,750,137 Agreed Agency Fee of $32,000 BFL Canada Fee $1,500 Payable to JM & CW Hope Grant Ltd. $1,783,637 EXECUTIVE SUMMARY The hard market that produced dramatic increases in premiums appears to be at an end. This renewal reflects an overall increase of 3.7% over last year's premium which is partly driven by inflationary pressures in materials, rebuilding and vehicle costs. Once the various premium costs are allocated to participating agencies, boards or commissions, the various insurance premiums are on target for the 2023 budgeted amount. Property and auto premiums are allocated out by property and vehicle to various department budgets and the increase in costs are expected to be absorbed by the various departments through off -setting savings. The Risk Management approach adopted by the City of Saint John in 2016 has achieved accumulated savings of approximately $3.5 million in the past six years. Continued effort to further develop an Enterprise Risk Management program will be required or future savings will be eroded. PREVIOUS RESOLUTION The 2023 renewal is in line with the approach previously established in previous insurance purchases. REPORT The proposal selected reflects a balanced approach to evaluating risks and the cost of risk transfer through insurance. Our rating experience continues to be in the preferred group according to our insurer and our Risk Management approach will lead to combined savings of over $3,500,000 since 2016. The premium increases are largely reflective of the broader insurance market and given the City's good loss experience, there may be opportunities to further optimize the insurance purchase to provide better return for taxpayers. The following table on the next page illustrates the coverage limits, deductibles and premiums associated with this renewal. Limits for 2023 2022 2023 Coverage 2023 Deductible Premium Premium General Liability (including Excess 50,000,000 500,000 492,575 525,662 and Environmental) D&O (Aquatic Centre) 21000,000 15,000 5,025 5,025 Crime 1,000,000 Nil 4,472 4,696 Owned Automobile 50,000,000 5,000 515,328 604,305 Property 475,885,349 50,000 471,224 547,279 Transit Excess 118,519 60,000 Agency fee 30,000 33,500 Changes for 2023 Insurance as Risk Mitigation Strategy The City's maturity when it comes to Enterprise Risk Management has reached a point where Risk Management is discussed throughout the organization at every project or contract opportunity. This is one of the goals of a successful Enterprise Risk Management strategy and while that has been a success, there are areas of concern that require some internal efforts to evaluate the cost/benefit of continuing to seek insurance or look at other risk mitigation techniques like self- insurance and using a reserve to soften large losses. A comprehensive risk assessment is due to determine the most appropriate level of risk tolerance, mitigation and avoidance. Once completed, a new insurance structure, as a risk transfer exercise, would be procured through an RFP process. The changes outlined below are relevant for 2023 but a more comprehensive review is due. KWIN Property Premium The City's total value of property insured has changed from $441,199,457 to $475,885,349. The combined effect of increases in value and the rate increase yields an overall premium increase of 16%. While there is industry pressure from flood and disaster claims, the overall cost of construction has also risen giving an increase in premium rates for property coverage. Automobile Premium The rates for individual vehicle classes (fire, police, non -emergency etc.) have all increased by approximately 17%. This trend is aligned with recent applications by other automobile insurers in New Brunswick where claim costs have driven up premiums. Our experience is no different than the broader industry but also reflects a troubling development in the Transit industry in Ontario. Transit A specific Transit Excess Insurance premium that was imposed in 2022 at a premium of close to $120,000 has been cut by 50% to a premium of $60,000. This reflects a market correction for that specific coverage. STRATEGIC ALIGNMENT This purchase is necessary to continue to protect the City's Economic Health and to protect City assets. SERVICEAND FINANCIAL OUTCOMES As a result of the 2016 RFP, each facility and fleet vehicle experienced a reduction in costs to operate along with a substantial reduction to the general fund liability insurance and these savings will continue with the 2023 renewal. We have maintained these savings with pro -active Risk Management techniques working together with each department to closely monitor our experiences and losses. The efforts have created positive outcomes for service areas and citizens combined (less claims, less payments, lower premiums etc.) and has produced a favourable loss ratio that still places the City in the "A" book of business with our insurer. The creation of a contingency reserve for claims will be a part of a more broad risk assessment exercise for consideration by the Finance Committee. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Information Technology and Finance have been consulted and are supportive of the approach outlined in this report. ATTACHMENTS None