Loading...
2008-03-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Thursday, March 27, 2008 Regular Meeting 1. Call to Order -Prayer Special Meeting 5:00 p.m. 1.1 North of Union Street Development City of Saint John Seance du Conseil communal Le vendredi 27 mars 2008 1. Ouverture de la seance, suivie de la priere Seance extraordinairel7 h 1.1 Le developpement du secteur situe au nord de la rue Union ~.~ March 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors, North of Union Development -Action Plan The Development -Components The City of Saint John has identified the need for a new Police Headquarters to meet the operational requirements of the Police Force. The Province of New Brunswick has identified the need for a new integrated Justice building that would modernize and centralize their court operations in the City of Saint John. Four additional components have been identified. First, the need for a single Holding Facility to avoid unnecessary duplication. Second, a common Public Plaza to bring Justice and Police facilities together as `a development' and create a truly public place. Third, the need to link the development to the existing pedway system in order to provide ready access for pedestrians. Fourth, the need for a public Parking Garage to accommodate the employees of the Police Facility and the Justice Facility, clients seeking service at these facilities and those who currently park on the lands to be used for the development. Map #1 indicates the development area, as it now exists, outlined in red. The City owned properties are outlined in yellow. Negotiations with the remaining property owners have been put on hold pending the outcome of Council's deliberations. The purpose of this report is to propose amulti-step path forward that anticipates several activities taking place concurrently. This approach provides for a series of decision points by Common Council along the development path as opposed to a go-no-go decision for the full development. These decisions will include the method of competitive bidding, any land acquisitions, building designs, award of tenders, funding agreements with the Province of NB and the role of the private sector. This will allow Council to maintain control over the process without undue and costly delays being incurred in the project. 2 The Desired Outcomes -What are we trying to achieve? The idea of the North of Union development arises from a desire to take full advantage of an $80,000,000 public investment in this area of the Uptown by the Province and the City to; • trigger additional renewal in the uptown, • secure a new Police HQ that meets the operational requirements of the police force • use high quality development to set the bar for further renewal in the area • encourage new private sector investment in the surrounding area, • create needed public facilities that are a lasting source of pride in the community, • build on the substantial public infrastructure in the area (Arts Centre, Pedway etc) to demonstrate confidence in the future of the City, and • ensure that taxpayers get the maximum return on their public investment. Construction of the new Police HQ will also address many longstanding operational shortcomings that arise in the current multi-story office location. To meet public expectations the police service requires a modern facility designed to support and enhance service delivery. The police force presently occupies space in four buildings throughout the City of Saint John. There have been six (6) independent building studies that have each indicated that the present facilities are inadequate. In total, approximately 85 issues have been listed in the past reports such as; poor design issues, substandard detention cells, unsafe identification laboratory, no shooting range for required use of force training, serious and unsafe circulation issues for all users of the facilities, incompatibility with adjacent users, unsafe handling and storage of exhibits, spaces which should be extremely public are not very public, spaces which should be extremely secure are not secure and serious morale issues for employees. These are some of the concerns/issues that contribute to a very unproductive work environment. The new facility must be; • Operationally viable • Enhance community/police interaction • Provide necessary safety and security • Satisfy essential technical requirement • Be conducive to the needs of clients, victims ,witnesses, suspects and others While the community outcomes and operational needs are the main drivers in this undertaking there is also a need to ensure that vehicular traffic patterns, pedestrian access, public amenities, off-street parking, public transit, as well as the scale, style and 2 3 character of the new buildings are well planned, well integrated, fully serve their intended purpose and meet community expectations. Action to Date -Land, Consultants, Concepts, Public Input, Province NB The members of the Council appointed Steering Committee have been meeting regularly with their provincial counterparts. Meetings have been held with Ministers, Deputy Ministers and the Premier in an effort to move the project forward. The Committee also meets regularly with City staff and the various consultants to coordinate efforts and provide direction on outstanding matters. Provincial and municipal staff representatives have also been meeting on a recurring basis to address a range of issues including; project scheduling, identifying project components, developing project costs, determining cost sharing arrangements coordinating architectural and project management efforts, procuring property and clarifying zoning and other bylaw requirements. The City has also negotiated the acquisition of a number of properties as part of the land assembly required for this development to proceed and are still in discussions with respect to a number of other properties. As well, a number of professional consultants have been engaged as the development concept has taken shape including; Com onent Consultant En a ed B Police HQ DFS Architects , Police Commission Plaza and Public S aces Glenn Group City of Saint John Development Coordination TOSS Solutions City of Saint John Traffic Anal sis ADI City of Saint John Public Consultations Cities and Environment Group City of Saint John Parkin Structure Ralph Bond Parking Commission Justice Buildin Murdock Boyd /ADI Province of New Brunswick Public Input -Process, Themes, Ideas 3 4 Given the identified outcomes and the level of public investment in new infrastructure, it is evident that this project has the potential to fundamentally change the character of the area North of Union. As a result, Council directed that a public engagement process be undertaken to solicit ideas and comment on the proposed development. The public engagement process is meant to provide an opportunity for a broad range of interested citizens, interest groups and stakeholders to learn about the development, provide comment, submit ideas, raise concerns and voice their opinion(s). The result is not meant to reflect only the ideas and concerns of specific individuals or groups but rather to yield a synthesis of the dominant themes and ideas presented during the sessions. As with any broad based consensus building exercise, some trade-offs and compromises are necessary. The summary of common ideas and input is then used as a tool to further adjust and refine the development concept. The City conducted four public meetings, solicited on-line comments and held a series of individual stakeholder meetings as part of the public engagement process. The level of participation was positive and the results were encouraging and informative. Some of the dominant themes included a desire for; ^ Open spaces, including green space that meets the needs of many people ^ Use of quality designs and construction materials ^ Residential development that brings people downtown ^ Parking facilities that integrate, not dominate any potential development ^ Locating the Parking structure on the escarpment ^ Transportation options including pedestrian routes, and bicycle friendly roads ^ The integration of heritage buildings -including building a development that will be a heritage building of the future ^ A celebration of Arts and Culture ^ Vibrant streetscapes that encourage pedestrian traffic ^ A sustainable development that takes into consideration the environment and green design and building ^ Retaining land for future expansion of the Arts Center ^ Retaining a narrow traffic corridor on Union Street The staff from the Cities and Environment Group at Dalhousie University have previously reported on the results of the workshop portion of the public consultation. Their observations led to a series of recommendations in the form of `Big Ideas" and `Design Guidelines'. The Big Ideas presented were created to guide development in Uptown Saint John and were generated through an interactive workshop process with the public. As their report states, "These ideas are based on the notion that the Uptown is already a unique and vibrant area, and that by building on these strengths and respecting the historical significance of the area, new development will encourage more people to come to the Uptown to work, live and play. In doing so, the Uptown will become a complete neighbourhood comprised of residential, commercial and service-oriented development." 4 5 The "Big Ideas" are set out below for Council's convenience. OPEN SPACES New open space should be created that meets the needs of many people and connects existing infrastructure to a variety of interesting places (e.g., the waterfront). These safe and accessible spaces will provide opportunities for people to meet and gather at different times of the day, and throughout the different seasons. INTENSITY AND DIVERSITY OF USE It is important to attract a variety of people (e.g., young, old, families, low income, young professionals, etc.) to Uptown Saint John. Providing a mix of good-quality housing types (affordable and market), green developments and more services and amenities will lead to a thriving neighbourhood and community. PARKING Parking must not dominate any development. Parking should be concentrated close to transportation hubs at access points along the highway. This strategy will ensure city streets are more pedestrian and bicycle friendly. TRANSPORTATION The Uptown should build active transportation infrastructure into all future development to ensure safe and comfortable pedestrian and bicycle environments. Combined with a focus on local and regional transit options, this will make it easier to live car free. HERITAGE The heritage buildings in the Uptown help us celebrate the history of our city. These buildings will act as catalysts for innovative infill, reuse and revitalization that can accommodate a variety of different uses. Buildings constructed today are the heritage buildings of the future. ARTS AND CULTURE The Arts Centre located in the Carnegie building is an important focal point that will strengthen the Uptown's connection to the arts community. The Carnegie building will be the anchor from which other facilities and services can grow (i.e., arts corridor). SUSTAINABILITY New development in the Uptown will serve as a leading example of sustainable and green design. This development will not only provide opportunities for people to connect with their surroundings, but will provide a healthy environment where people can work, live and play without having to travel great distances. An emphasis on sustainable development will contribute to a strong and thriving community. Streets are places of intensity, variety and human interaction. They must celebrate our culture and identity. Streets must be walkable, comfortable and beautiful, and should also be destinations in their own right. They must attract and support a variety of uses throughout the day and night. A continuous, transparent and porous streetwall with 5 6 appropriately sized buildings will create streets that are interesting, comfortable and accessible to pedestrians. PROCESS Creating a shared vision for the Uptown will give community members an idea of what development to say `yes' to and will also give the community the confidence to say `no' to bad development. The Uptown is in need of a comprehensive community-based land use plan that will capture the ideas and dreams of community members through an open public consultation process. In addition, the public's visions and ideas must become formally legislated policy to ensure ideas become reality. Their report also included two specific recommendations, namely; • Accept the Big Ideas, Guide to Public Improvements, Design Guidelines and the Concept Plan in principle and use these as the basis for developing a more detailed site plan and set of design guidelines for the North of Union project. Endorse ongoing public engagement and involvement in the development and implementation of planning strategies and policies for Uptown Saint John and the North of Union site. Common Council received a presentation from the Cities and Environment Group and their report was referred to the City Manager for a report back at a Special Meeting of Council. Stakeholder Meetings In addition to the public consultations, City representatives held a series of individual stakeholder sessions. These included meetings with representatives from Vito's Restaurant, the Stone Church, Clark Drummie, John Howard Society, Elizabeth Frye Society, Housing Alternatives, the Human Development Council and Correction Services Canada, Enterprise Saint John, Uptown Saint John and the Saint John Board of Trade. The key inputs from these sessions included; • Strong support for transit services and need to manage traffic • Strong support for the police complex development-fits like a hand in a glove We have a very inefficient way of providing parking-one level surface parking in the uptown area • There should be a residential component to the development • Do not dwarf the Stone Church with future development -maintain site lines • Do not ignore social support needs of citizens living in the area • Place structured parking on the Sewell St hill • The project needs to be reflective of the past-our history Design the Police facility with a museum component inside to celebrate the history of our police service 6 7 • Given the clustering of justice services in the immediate area it is the right thing to do • There are approximately 12 related criminal justice services in the immediate area-police/justice is the right fit • Common sense approach with respect to the police/justice complex, long overdue • Pedways are great, we need more, please connect the new development with the existing pedway system • This project is important for those who have already invested in the area-finally get a return on their investment Business owner willing to share in costs • Property owners willing to pay costs associated with pedways if it benefits their business Do not remove the CFBC building • The block has been vacant (empty parking) for over 25 years, finally something that makes sense-just make it happen New Development Approach In practical terms, application of the identified Big Ideas and Design Guidelines and the overall community input necessitated a reconfiguration of the development plan from that originally presented in order to better meet public expectations. The proposed new development configuration takes these factors into consideration. The most significant changes include; • Relocation of the Police HQ to an area south of the Arts Center to allow for possible future expansion of the Arts Center or some other possible development • Transfer of the parking structure to the Sewell St escarpment to minimize the foot print of the development in the area and ensure full utilization of the facility. In addition, this location may create a development opportunity on the parking structure deck(either residential or commercial) that staff do not feel would be possible at a location on the north side of Station Street adjacent to Harbour Station • Increased emphasis on public transit, bike paths and pedestrian ways including a green space component with a pedestrian emphasis • Inclusion of significant public spaces around the individual structures including the potential for an Art Park • Change in the potential pedway connection from Union St to the Harbour Station link across the escarpment • Preservation of the CFBC building and Synagogue • Retention of the street fronts on Wellington Row • Rehabilitation of the Arts Center • Limiting the width of the Union Street traffic corridor • Application of the Design Guidelines 7 8, While the individual building designs and final configurations have yet to be determined the following approach is proposed for each major component. The 113,000 sq. ft. Justice Building is to be situated on the site of the existing YM- YWCA. The new building will allow the consolidation of court, probation services and prosecution services in one location. It will be a prominent structure that would be highly visible as traffic approaches the uptown area. It would, in turn, have a secure Underground link to the Police Headquarters that would be used to service a single Prisoner Holding operation and facilitate prisoner handling between the buildings as well as necessary Police/Justice staff interaction on a daily basis. The Police HQ, a 69,000 sq. ft. two storey building owned by the City of Saint John, is removed from the rear of the Arts Center and is to now be situated generally in the area between Union St and the Arts Centre. While fully developed as a secure structure it would have the appearance of an inviting commercial or office building and include public spaces, appropriate facades on the street fronts and will be equipped with all required public amenities. The architecture of both new buildings would complement the style and character of the surrounding neighbourhood. This new location will likely require a reconsideration of the police building schematic design if a smaller footprint is to be used. While some trade-offs are necessary in any major development, the result in this case must not compromise the operational requirements of the Police Force. The recommendations contemplate a review of their impact and a subsequent report to Council. Energy conservation and environmental factors will be considered/integrated in the architectural design. LEED certification will be sought for the Police and Justice buildings to demonstrate the community's sensitivity to environmental considerations and to take advantage of new energy conservation technologies. The Police and Justice facilities would face onto a high quality common Public Plaza that would surround the Arts Center and encourage pedestrian access between the buildings and serve as an informal outdoor gathering space in an aesthetically appealing environment. A significant Public Art component would be incorporated into the Plaza. The Arts Center would continue to serve as the focal point of the development and reinforce the role of both the Justice and Police buildings as public facilities in a public space. Rehabilitation of the Arts Centre would be required to fully complement the new development. This work would be included in any Call for Proposals. Surface parking for those with limited mobility would be provided adjacent to the Arts Center while public parking for events and staff would be provided in the new garage. An area to the rear of the Arts Center would be reserved for future expansion or simply be made available for other possible developments that may be proposed through the process. In addition, preservation of the CFBC building and Wellington Row frontages could permit further exploration of the Arts Corridor concept. However, the building and 8 9 lands on Wellington Row may also prove to be of interest to the private sector for mixed use development. Additional complementary development is exactly the goal that Council had agreed to pursue when it embarked on exploring this opportunity A Transit Lay-by will need to be situated on or near the development to encourage the use of public transit by both employees and citizens and minimize on-street and off-street parking needs. Widened sidewalks and bicycle paths will encourage on-street activity. A multi-storey Parking Garage, possibly operated by the Parking Commission (financed and constructed by the City and/or the Private Sector), would be located to the west of the Stone Church on the escarpment off Carleton Street. Consideration was given to the concept of locating the structure west of Harbour Station, however this was rejected given its distance from the uptown, the lack of ready access to the Harbour Station site, the disconnect from the other development components, the financial risk of not securing enough clients to support the $15.OM investment and the advantage of redirecting traffic to Station and Sewell Streets and maintaining Union St at 2-3 lanes. The design of the parking structure will incorporate the guidelines and will be aesthetically appealing. The required parking for the Justice facility would be provided on a contractual basis with the Province in this garage. The garage would also provide vehicle access to Sewell and Carleton Street so as to minimize traffic in the vicinity of the development. In addition, the parking structure would serve to accommodate hourly parking in the uptown, overflow parking for events at Harbour Station and service future development in the adjoining areas. The parking structure could also serve as a platform for future development in the area. The Streetscapes will be developed in conformity with the Guidelines with a strong emphasis on visual site lines, greenery, seating areas, lighting, mobility and safety. Finally, it is also proposed that a Pedway Connection linking the parking structure and the existing pedway network be constructed near the Harbour Station entrance. This would facilitate access to the Inside Connection and Uptown Merchants for the over 500 employees in the complex and allow citizens easy access to services in the facilities. It is hoped that soliciting a call for development proposals from the private sector will yield additional Mixed-use Residential and Commercial developments as integral parts of the public sector investment. While the result of incorporating the Big Ideas and Design Guidelines from the public engagement process into a new development plan or configuration may improve the aesthetics and livability of the area, staff are concerned that it may also compromise the intended outcome of the development to the extent that there will no longer be a direct pedway connection from the parking facility across Union St to the commercial core. It was intended that the location of the Parking Structure and Pedway would serve as a spring board for additional private sector investment east of the development. There is 9 10 greater uncertainty now about the potential for development in the Peel to Wellington Row block given the new location of the Parking and Pedway elements. Provincial Participation -Cost Sharing, Coordination The City of Saint John has conducted extensive negotiations with the Province of New Brunswick on the opportunities for cost sharing (plaza), elimination of duplication (secure link and holding facilities) and the provision of public parking. (correspondence attached) Staff will be submitting for Common Council approval an MOU; • Defining the project elements (Plaza, Parking, Secure Link, Holding Cells) to be jointly funded including operational responsibilities • Setting out the terms of agreement on the operational and capital cost sharing of each component • Setting out the terms of agreement on responsibility for design and construction of shared elements • Setting out an agreed upon completion schedule Cost sharing the various components with the Province brings opportunities for substantial cost savings for the taxpayers however it also brings with it a requirement to ensure that the shared facilities are ready for occupancy at the same time. This has implications for the scheduling of the work and the method of competitive bidding that is employed. Financial Implications A key concern is the capacity of the City to absorb this level of capital expenditure and the consequent impact on the tax rate. The following are `Order of Magnitude' projections of the construction cost of the various components. It is important to note that more detailed budget costs cannot be determined until the designs are near completion. The actual costs will not be known until the tender process is completed. Component Projected Cost (2008 $) Province of New Brunswick City of Saint John Private Sector Police HQ $23.0 M $.85M $22.15M ----- (building, fees, (50%, detention, link) land, furnishin s) Plaza 1.SM $.SOM $1.OM ------ (lump sum contribution related costs) Civil Work 1.7M ----- 1.7M ------ 10 11 Parking (500 @ $30I~ 15.OM 4.SM (estimated 150 @ $30,000 financed) 10.5M (worst case) TBD Land Assembly 3.OM ----- 3.OM Justice Building 47.OM 47.OM (includes Parking, Plaza, Holdin ) ---- TBD Pedway 1.OM ---- 1.OM TBD Arts Center Restoration 1.8M ---- 1.8M ----- Legal, Consultants .SOM .50M Total 47.OM 41.65M The initial investments for the City are the Police HQ, Civil work and Public Plaza components at a combined projected cost of $24-25M. The construction of the Pedway and Parking components will involve the private sector and the cost sharing by the City will have to be determined as part of a formal RFP process. The improvements to the Arts Center will have to be considered in light of any proposed expansion. The Commissioner of Finance has completed a financial impact analysis on the basis that 24.5 million dollars would be invested by the City over the 2007-2010 timeframe. The analysis concludes that the carrying cost of the related long term debt would equate to approximately a 3 cent increase in the tax rate. This actual effect would depend largely on the level of tax base growth during this period and the level of transfer payments from the Province of New Brunswick. Competitive Bidding Process -Tender vs An Alternative Procurement Method (APM) There is a rare opportunity to use this level of public sector investment in Saint John as a platform to trigger new development in the uptown core, set the standard for future development in the area for many decades and to leverage additional private sector investment as part of this development. This is particularly true now given the revised plan and the opportunities that may now exist on lands between Peel Street and Wellington Row. Public input suggests a willingness and desire to see this area become more residential in nature. This level of public investment is substantial enough to draw the interest of large scale developers. Additional investment from the private sector could come in the form of new commercial and/or mixed use residential construction as part of the public sector development. 11 12 Direction from Council on the preferred approach to seeking competitive bids for the development is required. Alternatives include - Individual Tenders, PPP, RFP, Expressions of Interest and Joint Tenders. The need to meet the design and construction timelines will greatly influence the preferred approach. The goal is to get the best value for the taxpayer both in the short-term and the long-term. The City has previously advanced the idea that a single Call for Proposals be issued for all the components on the basis that this will result in better coordination during construction, reduced costs through economies of scale, better cost control during construction, greater likelihood for value added projects being proposed by developers and the possibility that new ideas and approaches to construction and financing can be realized from experienced large scale developers. Provincial staff have expressed reservations about using a single development proposal including the risk of cross subsidization between project components, the difficulty in making qualitative decisions when dealing with developer proposals, the extended timelines using this approach and the limited flexibility in the designs of the two buildings given their unique operational requirements. Concerns were also expressed that perhaps this sort of approach would prohibit small local companies from participating and that it would only attract the large national developers. Given the provincial decision not to proceed with a single development proposal, a coordinated but independent bidding process will be required in order to meet the established time lines. Essentially the Province and the City will seek separate competitive bids for their respective components with common completion dates. The City could proceed to direct Tender calls for the public components. This would be a traditional bidding process that could be conducted in a timely manner. The lowest qualified bidder(s) would be awarded the contract(s) by Council and construction would proceed based on the City specifications, with City inspection, and with City quality control and supervision. Unfortunately, this method does not encourage any immediate additional private sector investment in the area, which is one of the key outcomes. In addition the time to be spent on this project by various City and Police Commission staff will be significant and last over an extended period of time. Instead, it is proposed that a two stage process be employed by the City to best ensure that the public investment yields additional value from the private sector. This would involve issuing a call for Expressions of Interest and Qualifications for 1) construction of the Police HQ, 2) provision of all civil work, 3) completion of the public spaces and Plaza and 4) construction of the Parking Structure, 5) restoration of the Carnegie Building and 6) extension of the Pedway. A short list of qualified bidders would then be invited to submit detailed proposals for the City components and identify what additional value they can bring to the development in the form of residential and or commercial development. The proposals would be evaluated against specified criteria and a recommendation would be submitted to Council. 12 13 The actual structuring of the proposal call will require the assistance of outside expertise in order to fully protect the City's interests. Expertise will also be needed to assist with the evaluation of the various proposals. The potential financial benefits of a two step process versus a straight tender are not expected to be significant. The City must either finance the debt repayment in the case of a Tender Call or cover the associated capital costs in the form of lease payments under the Alternative Procurement Option. The real value arises in our ability to specify construction deadlines, minimize capital financing charges during construction, control risks of cost escalation during construction, use private sector expertise during construction and potentially realize additional private sector development. Council needs to understand that the Two Step Process will require significant up front soft costs (legal, professional expertise, etc). Beyond advice related to the preparation of the Request for Expressions of Interest and Qualifications, considerable time and expertise will be required to prepare all of the necessary legal documentation and contracts that will dictate the relationship between the City and the selected Developer. Responsibility of each party with respect to each component will need to be clarified. In other words, for each component, the parties will need to address the following questions in a formal agreement; who is responsible for detailed design (excluding Police HQ), for construction, for future operations, for repairs and maintenance, for financing, for warranties and a host of other issues. This upfront work, while costly, is absolutely necessary to ensure that responsibilities are clearly defined and that once the parties sign off on the agreements, construction can start immediately with the goal of being "on budget, on time and in compliance with the design and quality specifications as agreed." Obviously if these goals are not met then the developer is going to be subject to certain agreed upon penalties. Award of a proposal is a Council decision. Council may ultimately determine that the results of the Proposal Call method cannot be supported in which case a traditional tender approach would be employed. Time Lines -Coordination with Province NB Both the justice and police facilities must have access to the detention facilities as part of their daily operations. It is therefore a requirement that both the Police and Justice facilities be ready for occupancy on or about the same date. The Province has announced its intention to use a P3 process for the Justice facility. The indicated time line for their process is as follows; • Expressions of Interest -May/June 2008 ~ Complete Design • Request for Proposal -Nov/Dec 2008 • Break Ground -April 2009 • Occupancy -September 2010 13 14 In order to coordinate the key occupancy date the following schedule is proposed for the Police HQ component: • Schematic Design -April/May 2008 • Design Development -June/August 2008 • Contract Development - Sept/Nov 2008 • RFP -Dec 2008 • Construction - Apri12009 • Opening -Sept 2010 At present, the Police Force occupies rented space in the City Hall building. Under the current lease, the City must notify the landlord of its intention to remain in this facility. Notification must be sent to the landlord before April 30`h, 2008 that the City intends to continue to occupy its current space occupied by Police for a two year period beyond April 30, 2009. The net rent payable during year one is $7.00 per sq/ft and $7.50 in year two. Given this timeline, the City must take steps now with respect to the continued tenancy of the Police Department in this building. The Municipal Plan The Municipal Plan identifies this area, including the adjacent escarpment as part of the Uptown Regional Centre. Part 6 of the Plan was updated in 1994 to formally adopt the Uptown Strategy. Many of the policies in the strategy has been re-enforced by Vision 2015 and the Design Guidelines recently presented to Council as a result of the consultation process. Appendix 3 provides a copy of some of the specific policies and a copy of the Future Land Use map for reference, but the opening statement of the strategy is particularly relevant to the North of Union discussion. It states: Successful city-centres create a positive environment for economic opportunity. Business development and employment opportunities are only part of the storey. City-centres must also respond to the community's cultural and social needs; and there must be provision for residential activity, vehicle and pedestrian systems, heritage assets, public spaces, private investment, and other considerations More particularly the North of Union area is identified as a mixture of High Intensity and Low Intensity Mixed Use development. This is consistent with the existing zoning which permits a wide range of business, residential, cultural as well as institutional uses. The Uptown has an economic significance to the City which must be supported and nurtured. Worth noting are the policy areas in the plan that are also front and centre in the North of Union discussions; the need for quality design, encouragement of residential development provision of open spaces, recognition of our heritage resources, support for transit and other alternative transportation modes. It should also be noted that there are 14 15 also policies supporting a compact urban form for higher intensity development including the extension of the pedway system and new parking structures to meet increased parking demands. The development North of Union can play a significant role in moving the City closer to meeting many of these policy objectives. The Uptown Strategy and the Guidelines developed to date all point to a quality urban environment with a mix of uses and scale. The conceptual plan to be developed as the next step, will be guided by these policies and the guidelines. The Risks Not Proceeding at This Time In addition to the need to have common occupancy dates, there are also practical considerations that must be addressed. Our architects have advised us that delays in proceeding to construction will result in cost increases due to rising material costs, and increased labour costs due to the increased level of construction activity in the area. Some of these impacts are already evident in the marketplace. As well, the provision of underground services (water, sewer, power, communications), completion of the public spaces and Plaza around the various components of the development, and the related street closures point to the need for tight coordination on site so as to avoid costly re-work in the development area. Should the City not be able to site, construct and occupy the Police HQ facility by April 30, 2011 the City is also exposed to a demand for higher rental rates from our current landlord. The City does not have a contractual right to occupy the Police space beyond this date Proceeding The outcome of the Proposal Call in the form of new private sector investments cannot be predicted with certainty. There is a risk that all that the City may achieve at this time are the developments that are to be funded by the public sector. It was always anticipated that public monies would trigger additional private investment. Public controversy, economic circumstances, alternate investment opportunities, legal structure, interest rates, profitability and a host of other factors will ultimately determine the level and nature of private sector interest in this development. Mitigation The risks inherent in proceeding with this type of multi-component development can be mitigated by establishing a series of decision points for Council as opposed to simply adopting a go vs. no-go decision for the full development at the outset. In this manner, Council can continue to monitor progress and ensure that expectations are being met, costs are affordable and that the process is in fact yielding the desired outcomes. This 15 16 approach also allows for the development concept to continue forward in line with the established deadlines for completion. The key decision points are; • Approved Recommendations included in this report • Authorize the Police Commission to proceed with final design • Authorize any future land acquisition • Authorize MOU with the Province of New Brunswick re cost sharing • Authorize EOI and Approve Short List of Bidders • Authorize issuance of RFP • Authorize Award of Contract to proponent Ongoing Public Engagement A key recommendation flowing from the Public Input was the need for and expectation of ongoing citizen involvement in the key aspects of the development. These would include opportunities for feedback on the revised configuration, input on the proposed designs for the various components and input on the developer proposals. The Cities & Environment team was direct in their assessment that the legitimacy and credibility of the public engagement process will rest on the actions of the Council as it moves forward with the development. At the same time it is important to consider that there is a need to make timely decisions in order to protect the taxpayers' financial interests. It is proposed that concurrent with the timelines identified earlier in this report the public be provided with opportunities to be able to provide input on the proposed development. Specifically the following steps should be taken at a minimum to engage the community throughout the development process: 1. Public Input on final designs for each of the major public components and new design concept for the site. (Police Facility, Parking Garage, Public Plaza) 2. Public Input regarding proposals for development of the area from the private sector. 3. Public Input regarding art components to be associated with the new development. 4. Continued work on the development of design guidelines for city. The Urban Design Committee appointed by Council in 2007 will be reporting shortly on a process to develop design guidelines that will include the opportunity for public consultation and input. 16 17 Conclusion: Common Council, supported by the Police Justice Committee and with the benefit of having received significant public input is equipped to resolve an issue that has been before every previous Council since the Police Department was required to occupy this City Hall building in the early 1970 in order to ensure that this building could become a reality. From a community and development perspective it was the correct decision to make at the time. However, it is no secret that the decision has hindered the effective and efficient operation of the Police Force as well as having contributed to a number of related concerns for the safety for other tenants, employees and citizens who by necessity must frequent this building. In 2004, Common Council established, as one of its priorities, the task of finally proceeding to resolve the concerns related to an inadequate Police Headquarters. As this report has identified, a tremendous amount of work has been accomplished and public input received. Your City Manger, supported by staff who have been directly involved since Common Council adopted this as its priority, has concluded that in order to move forward with wide spread community support and fulfill the desired outcomes, Common Council should act on the following recommendations. Recommendations; a) With respect to the Development Plan a. That City of Saint John reconfirm its desire to approve a Development Concept that would result in the construction of Justice Facility, a Police Facility and the required Parking Facility in the area which is now been commonly referred to as "North Of Union". b. That Council confirms its position that the preferred Development Concept includes the Justice Facility being constructed on the lands commonly known as the YMCA site, c. That Council approves the construction of the Police Facility in the block generally bounded by Hazen, Chipman, Peel and Union Streets (may include portions of existing Right of Ways). d. That Council approves the construction of a Parking Facility on what is commonly referred to as the Carleton Street Escarpment. b) With respect to Public Consultations a. That Common Council will require that any development proposal to be considered must address, and be sensitive to, the "Big Ideas" and "Design Guidelines" that were developed as result of receiving public input. b. That any development proposal, when received, be not only evaluated against these "Big Ideas" and a list of other criteria to be developed, but must also be evaluated with respect to the developers commitment to ongoing public consultation as part of the Development Planning Process, c. That the Public be provided with opportunities for input on final designs for each of the major public components and new design concept for the 17 18 site. (Police Facility, Parking Garage, Public Plaza), input regarding proposals for development of the area from the private sector and input regarding art components to be associated with the new development. c) With respect to the requirements of the Police Facility a. That Common Council request the Police Commission to have their Architects of record revisit their program and conceptual plans to determine if it is possible to i. Have the facility be located generally within the block as identified without significantly diminishing the operational efficiencies ii. Pay particular attention to the views expressed regarding streetscapes during the public consultations and in particular the `Design Guidelines.' iii. Once the Police Commission has approved a revised conceptual design, submit the design to Council for authority to proceed d) With respect to the Police tenancy in City Hall a. That the City of Saint John formally notify the existing owners of the City Hall building prior to April 30, 2008 that the City is exercising its option to extend its occupancy related to the Police Space until April 30, 2011 e) With respect to developing an effective Alternative Procurement Method; a. That Common Council authorize the City Manager, working with the City's Purchasing Agent and City Solicitor to embark on a process of inviting submissions for professional expertise related to the following: i. Preparing a Call for Expressions of Interest and Statement of Qualifications. ii. Assistance in the review and short listing of possible Developers iii. Preparation of the final Request for Proposal with an established Evaluation Process iv. Preparation of the final contract documents in consultation with the City Solicitor fl With respect to the issue of Tender versus An Alternative Procurement Process a. That Common Council authorize the City Manager to proceed on the basis of using an Alternative Procurement Process that would result in i. A Call for Expressions of Interests and Statement of Qualifications as the initial step, ii. Followed by a Short Listing Exercise based on criteria to be established iii. Issuance of a Call for Proposals to qualified Development Companies or Consortiums iv. That the Call for Proposals will stipulate the City's desire to have the respondents indicate options related to the design (excluding Police HQ), construction, financing and perhaps ongoing 18 19 maintenance of any of the components of the development or part(s) thereof namely, the Police HQ, the Parking Structure, Rehabilitation of the Carnegie Building, all Civil Works, the Plaza and Public Spaces deemed critical to this development. g) With respect to Discussions with Property Owners in the Area a. That Common Council direct the City Manager to cease making any further offers on properties in the general area without prior direction from Council sitting in Committee of the Whole b. That the City Manager be directed to communicate to any property owner in the area who is in possession of an offer from the City Manager, that they have until April 30t" to accept the offer (subject to Council approval) as presented or the Offer is off the table. c. That Council request the Saint John Parking Commission to take any reasonable steps to acquire any additional lands that would allow for a properly designed Parking Facility on the proposed escarpment site. h) With respect to Negotiations with the Province of New Brunswick a. That the City Manager, in conjunction with the Police Commission, be directed to work toward finalizing the following: i. A Formal Memorandum of Intent related to the cost sharing of certain elements (Plaza, Public Space, Parking, Secure Link, Holding Cells) of the development including, ii. Agreement with respect on going responsibilities for each of these components including maintenance, upkeep and staffing and, iii. Agreement with respect to responsibility for design and construction of these shared elements and, iv. Agreement with respect to scheduling and completion dates Respectfully submitted, Patrick,~Voods CGA Deputy ity Manager Terrence L. Totten FCA City Manager 19 20 J~• ,._-~ ~,,.. d ~ , ~ ~o `: .. ~,~ { ~ ~ ~~ ~.6 ~_ ~. a . •~ f V+ ~' . t ~.. ~ V j W i § + ` f ~ ~ ~ ' ~ ~ d y- ~ ~ ~" '~ - ~ ~. '~+ ~ ~' ~ o ~ ~ -. ~`' ~ 1 ~: - p i - ~ , ~~ ~, ~, ~ ~ 4 v ~ ~ M . ~~ 41 ~.~~. _~ ' r~ I`~ ~ i " v ~ . • i S: . 1 ~ ~~% Appendix 3 Part 6 Muncipal Plan: Uptown Strategy Various Part 6 policies re Uptown development BUSINESS RETENTION 6.4.1.2 "It is a policy of the City to undertake initiatives which provide a positive environment for retention of businesses Uptown. " OFFICES 6.4.1.5 "It is a policy of the City to actively pursue the establishment of office activities Uptown. " RESIDENTIAL 6,4.1.6 "It is a policy of the City to actively promote the Uptown as a residential opportunity. Seniors, immigrants, students and double income couples are groups which may find Uptown living particularly attractive. " NEW INVESTMENT 6.4.1.7 "It is a policy of the City to identify and aggressively pursue business developing opportunities which attract new investment and new ideas to the Uptown. " COMPACT FORM 6.4.2.2 "It shall be the policy of the City to ensure that the Uptown maintains a compact urban form. This will be achieved by developing a number of areas designated High Intensity Mixed Use, and maintaining a compact Low Intensity Mixed Use. " PUBLIC SPACE 6.4.2.3 "It shall be the policy of the City to require that opportunities for open space or greenspace for public use be identified and provided where possible, when developing or redeveloping sites Uptown. " MIXED USE 6.4.2.4 "It is the policy of the City to encourage mixed use development in the Uptown, to the extent that various land uses are compatible. The major land use activities Uptown will be compatible. The major land use activities Uptown will be commercial, office, retail, institutional, attractions, and residential. Uses supportive of these main activities, including assembly, warehousing and value- added processes may be accommodated where the environmental and community impacts are of a limited nature consistent with the mixed use character of the Uptown. " 22 HERITAGE RESOURCE 6.4.3.1 "It is a policy of the City to continue to capitalize on our rich heritage resources by building on the values and craftsmanship of past generations, as expressed in many of the buildings of the Uptown, and by encouraging high quality development compatible with our cityscape and maritime heritage. This provides Uptown with a special image and a framework for quality development in the future. SECURITY OF INVESTMENT 6.4.3.3 "It is a policy of the City to "encourage security of investment "for developments Uptown by implementing programs which ensure that development and redevelopment are well designed and are positive additions to the urban environment, and by ensuring consistency of administration. ". PEDWAY OPPORTUNITIES 6.4.3.4 "It is a policy of the City to encourage and facilitate service business and retail development opportunities both internal to the pedway system, and outside on street frontage. " RESIDENTIAL OPPORTUNITIES 6.5.2.2 "It shall be the policy of the City of Saint John to develop a program of action to encourage the construction and maintenance of quality housing in the peninsula and undertake a proactive role in the identification of development opportunities. " BALANCED NEIGHBOURHOODS 6.5.4.2 It shall be the policy of the City of Saint John to encourage the development of residential neighbourhoods throughout the peninsula which are relatively balanced in terms of social and economic characteristics. LARGE-SCALE DEVELOPMENT It shall be the policy of the City to encourage the development of large scale residential buildings proposed for the Uptown to locate in the "high intensity mix" areas indicated on Schedule 6-A. 23 Part 6 Uptown Strategy Future Land Use •~ ~ ii11 ~. ~ ~ _. . _ .~.~ ~'", i _~_:. i ~ ' ~.~ ~' ,~ 7 f ~'~~ ,; ~ '~ ~( ss .. ,.; . _. ~o.,~ `'P~'~' 8 .r-,.,~ ., ~'; .~, ~ f ~ - o t~,~IJ nra buj _n ~ ~ rnrirr^ ~~ ~ .a° ~'ni r ........_ - dpe t~~ j - ::'-.?~ * ~ ~. ~ ~1 6 ~ cam, K;+y 1 ~ ~ v ~ ~ ~' ~ ~ ~ ~.~a • ~ a~f- t'~~""'Y ~ - - ts. -• -.. ...r ~ _ - ~~~- 5 .., k t; ~ldTUt~e t.A~lfJ t~ • ...... ~le~tula Grt ~„ ...... ....... s _.. _.~..__ 24 Minister Supply and Services New ~rNouv~au Brunswick C A N A D A Mayor Norm McFarlane City of Saint John P.O. Box 1971 Saint John, N. B. E2L 4L1 March 18, 2008 Re: Saint John Courthouse Your Wo ip: ~~,~~, Ministre Appro~~isionnement et Services We are writing to update you pursuant to your meeting on January 9, 2008 with Minister Roly MacIntyre and subsequent meetings between our officials to confirm our understanding with respect to moving forward on the Justice complex. At our meeting of January.9t", there was a high level discussion noting that our Justice project and the City of Saint John's Police complex were complementary and that there was a need and a mutual benefit to coordinate our efforts. We also discussed various processes to achieve the desired outcome. As stated in our meeting, the Province will be proceeding with a Request for Proposal to build and lease our courthouse. There is a need to develop a steering committee to work out the technical and regulatory issues between our projects and to pinpoint physical interfaces between our projects to avoid delays in design and construction. There also needs to be a business arrangement worked out regarding shared facilities such as the plaza, parking and detention facilities. We have assigned Mr. Scott Gibson to represent the Province to this end. Mr. Gibson will work with your officials to coordinate the design and construction activities of the Province to ensure that the uptown development will be a successful venture and one that the Province and City can be proud of for years to come. ur truly, Ja K 'r Mi iste of Supply, and Services - P.O. Box 6000 Case postale 6000 Fredericton Fredericton 'I'el./Telephone : (506) 453-6100 New Brunswick Nouveau-Brunswick Fax/relecopieur2L06) 462-5049 Canada E3B 5H1 Canada E3B SHI