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2021-05-05_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Wednesday, May 5, 2021 4:30 pm Meeting Conducted by Electronic Participation Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages Call to Order 1.1. By-law respecting Powers of the Outgoing Council of the City of Saint John (3rd 1 - 4 Reading) 1.2. Section 131 Agreement — 300 Sydney Street 5 - 11 2. Adjournment BY-LAW NUMBER LG — 16 A BY-LAW RESPECTING POWERS OF OUTGOING COUNCIL OF THE CITY OF SAINT JOHN WHEREAS, paragraph 56(3)(b) of the Local Governance Act provides that despite subsections 56(1) and 56(2), an outgoing council may do those things referred to in subsection 56(1) if it is authorized by a by-law made before the day of the general election. NOW THEREFORE, the Common Council of The City of Saint John enacts as follows: 1. During the period commencing on the day of the general municipal election in the year 2021 and ending on the day of the first meeting of the incoming council, the City of Saint John outgoing council is authorized to do the following: (a) Become a parry to an agreement, contract, instrument or other document in respect of the matters described below: ■ Tender No. 2021-085302T: Refrigeration System Upgrades- Various Arenas. ■ Tender No. 2021-082703T: City Market Lower Roof Replacement. ■ Non -Disclosure Agreements to share information on the District Energy System. ■ Contract No. 2021-07: Broadview Avenue (Charlotte Street to Carmarthen Street) Water, Sanitary and Storm Sewer Renewal and Street Reconstruction. ARRETE NUMERO LG - 16 ARRETE CONCERNANT LES ACTIVITES DU CONSEIL SORTANT DE THE CITY OF SAINT JOHN ATTENDU QUE, l'alinea 56(3)b) de laLoi sur la gouvernance locale prevoit que par derogation aux paragrapher 56(1) et 56(2), le conseil sortant peut exercer les pouvoirs enumeres au paragraphe 56(1) si un arrete pris avant la date de 1'e1ection generale l'y autorise. A CES CAUSES, le conseil communal de The City of Saint John edicte : 1. Pendant la periode comprise entre la date des elections municipales generales de 2021 et celle de la premiere reunion du conseil entrant inclusivement, le conseil sortant de The City of Saint John est autorise a agir comme suit: (a) Etre partie a une entente, a un accord, a un contrat, a un instrument ou a tout autre document relativement aux questions decrites ci-apres ■ Soumission N° 2021-085302T : Modernisation du systeme de refrigeration — divers arenas. ■ Soumission No. 2021-082703T : Remplacement du toit inferieur — marche municipal. ■ Ententes de non-divulgation relatives au partage d'information a propos du systeme energetique collectif. ■ Contrat NO 2021-07 : Renouvellement des conduites d'eau et des egouts sanitaires et pluviaux et refection de l'avenue Broadview (de la rue Charlotte a la rue Carmarthen). 1 ■ National Disaster Mitigation Program (NDMP) Funding Agreement. ■ Agreement for Highway Usage Permit - One Mile Lift Station located at PID 00417899. ■ Contract No. 2021-11: St. James Street (Prince William Street to Germain Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction. ■ Community Development Funding Agreements with the Regional Development Corporation of the Province of New Brunswick for various facilities as identified in the corresponding applications for funding submitted by the City. ■ Amendment to Investing in Canada Infrastructure Program: COVID-19 Resilience stream Fund Agreements relating to Fundy Quay, Harbour Passage and Loyalist Plaza. ■ Investing in Canada Infrastructure Program: COVID-19 Resilience stream Fund Agreement with Infrastructure Canada and the Regional Development Corporation of the Province of New Brunswick for Saint John Water projects identified in the corresponding applications for funding submitted by the City. ■ Contract No. 2021-02: Princess Street (Germain Street to Water Street) Storm Sewer Separation. ■ Contract No. 2021-09: Caledonia Pathway Sewer Twinning. ■ Accord de financement dans le cadre du Programme national d'attenuation des catastrophes (PNAC). ■ Entente pour un permis d'usage routier pour le poste de relevement One Mile situe au NID 00417899. ■ Contrat NO 2021-11 : Renouvellement des conduites d'eau et des egouts sanitaires et pluviaux et refection de la rue St. James (de la rue Prince William a la rue Germain). ■ Ententes de financement relatives au developpement communautaire avec la Societe de developpement regional de la Province du Nouveau -Brunswick pour diverses installations comme identifie dans les demandes de financement correspondantes presentees par la municipalite. ■ Modification aux ententes de financement relatives au Programme d'infrastructure Investir dans le Canada : volet Resilience a la COVID-19 visant Fundy Quay, le passage du port et la place Loyaliste. ■ Entente de financement relative au Programme d'infrastructure Investir dans le Canada: volet Resilience a la COVID-19 avec Infrastructure Canada et la Societe de developpement regional de la Province du Nouveau -Brunswick pour les projets de Saint John Water identifies dans les demandes de financement correspondantes presentees par la municipalite. ■ Contrat NO 2021-02 : Separation de 1'egout pluvial de la rue Princess (de la rue Germain a la rue Water). ■ Contrat NO 2021-09 : Jumelage de 1'egout du sentier Caledonia. K ■ Request for Proposals No. 2021-091005P Forestry Expertise Advisory Services. ■ Ratification of Collective Agreement for Local 771. ■ Letters of Intent and/or Non -Disclosure Agreement for the property known as former Cherry Brook Zoo site. ■ License Agreement with the Board of Trustees of the Lord Beaverbrook Rink in Saint John, Inc. for the use of the Peter Murray Arena. ■ Agreement for Closed Circuit Television ("CCTV") including equipment and licensing at various City locations. ■ License, Supply and Maintenance Agreement with ACCEO Solutions Inc. dba Gtechna for Cloud Hosting solution. ■ Statement of Work with Esri Canada Limited for restoration of application - Geographical Information System ("ArcGIS Enterprise"). ■ Amendment to Master Services Agreement with Bell Aliant for restoration of application — Fax to Email. ■ Non -Disclosure Agreements with Flowpoint Environmental Systems, SolidCAD and AniSoft Group Inc. for network and application restoration. ■ Amendment to Enterprise Agreement with Microsoft for licensing through affiliate Softchoice. ■ Demande de propositions No 2021-091005P : Services consultatifs en matiere d'expertise forestiere. ■ Ratification de la convention collective de la section locale 771. ■ Lettres d'intention ou entente de non-divulgation pour la propriete connue comme 1'ancien site du zoo de Cherry Brook. ■ Accord de licence avec le conseil d'administration de la Lord Beaverbrook Rink in Saint John, inc. pour l'utilisation de 1' arena Peter Murray. ■ Entente pour un systeme de television en circuit ferme (TVCF) y compris 1' equipement et les octrois de permis dans divers lieux appartenant a la municipalite. ■ Entente de licence, d'approvisionnement et de maintenance avec ACCEO Solutions inc. faisant affaire sous le nom Gtechna pour une solution d'hebergement dans le nuage. ■ Enonce des travaux avec Esri Canada limitee pour la remise en etat de I'application utilisee ^pour le systeme d'information geographique ("ArcGIS Enterprise"). ■ Modification au contrat-cadre de service avec Bell Aliant pour la remise en etat de 1'application Fax -to -Email. ■ Ententes de non-divulgation avec Flowpoint Environmental Systems, SolidCAD et AniSoft Group inc. pour la remise en etat de reseaux et d'applications. ■ Modification du contrat d'entreprise avec Microsoft pour l'obtention d'un permis avec son partenaire Softchoice. K3 ■ Amendment to Master Services Agreement with Bell Aliant for long-distance services and rates. ■ Renewal of Maintenance Agreement with TrustedSite for network scanning for PCI compliance. ■ Agreement with Twilio Inc. for text and voice mail notifications for Emergency Measures Organization ("EMO"). (b) Make payments of funds as it relates to the (b) matters described below: ■ Make advance payments for approved budgets of City controlled Agencies, Boards and Commissions. ■ Establish, fund and draw upon Operating and Capital Reserves. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D., 2021 signed by: First Reading Second Reading Third Reading ■ Modification au contrat-cadre de service avec Bell Aliant pour les services interurbains et leurs taux associes. ■ Renouvellement d'une entente avec TrustedSite pour la maintenance de la numerisation en reseau pour se conformer aux normes PCI. ■ Entente avec Twilio inc. pour les notifications par message texte et par messagerie vocale pour l'Organisation des mesures d'urgence (OMU) Effectuer des paiements concernant les affaires decrites plus bas : ■ Verser des paiements par anticipation pour les budgets approuves des agences, conseils et commissions de la municipalite. ■ Creer, financer les reserves de fonctionnement et de capital et y puiser. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2021, avec les signatures suivantes : Mayor / maire City Clerk / greffier de la municipalite - May 3, 2021 - May 3, 2021 Premiere lecture Deuxieme lecture Troisieme lecture - le 3 mai 2021 - le 3 mai 2021 C! COMMON COUNCIL REPORT M&C No. 2021-145 Report Date May 04, 2021 Meeting Date May 05, 2021 Service Area Legislative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Section 131 Agreement — 300 Sydney Street AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jon Taylor Jon Taylor John Collin RECOMMENDATION That Common Council authorize a Section 131 agreement between the City and the Developer for the following public benefits associated with the development at 300 Sydney Street: i. A contribution of $130,000 to the City towards improvements at Rainbow Park including: 1. An updated Master Plan for Rainbow Park; 2. Repairs of the existing basketball court; 3. Enhanced landscaping; and 4. Funding for the temporary operations of the outdoor ice surface. ii. A contribution of $10,000 to the City towards a bus shelter to be located along Broad Street in the vicinity of the development; iii. A contribution of $20,000 to the City towards the beautification of the Tin Can Beach area. REPORT On April 19, 2021 Common Council held a public hearing regarding a proposed development at 300 Sydney Street. At the conclusion of the hearing, Council adopted the written recommendations of the Planning Advisory Committee ("PAC") and approved first and second reading to amend to the Zoning bylaw by rezoning a parcel the subject land from Major Community Facility to High -Rise Residential. On May 3, 2021 Council approved the 3rd readings for the Zoning bylaw amendment and adopted the PAC's recommendation to impose Section 59 61 -2- conditions, pursuant to the Community Planning Act, on the development and subject parcel of land. The PAC had also recommended that Council authorize a Section 131 agreement between the City and the Developer for the following benefits associated with the development: i. A contribution of $130,000 to the City towards improvements at Rainbow Park including: 1. An updated Master Plan for Rainbow Park; 2. Repairs of the existing basketball court; 3. Enhanced landscaping; and 4. Funding for the temporary operations of the outdoor ice surface. ii. A contribution of $10,000 to the City towards a bus shelter to be located along Broad Street in the vicinity of the development; iii. A contribution of $20,000 to the City towards the beautification of the Tin Can Beach area. A separate resolution of Council is required before proceeding with the Section 131 agreement. PREVIOUS RESOLUTION n/a SERVICE AND FINANCIAL OUTCOMES The Developer has agreed to a package of public benefits having a benefit of approximately $160,000 largely focused on Rainbow Park. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input from Growth and Community Services and General Counsel was received confirming the requirement for a Council resolution with respect to the Section 131 agreement. ATTACHMENTS Planning Advisory Committee Report — Proposed Rezoning and Zoning By -Law Amendment — 300 Sydney Street C.1 " �' 111111h 111111h I p 111111h .-]'[ 1/11k DI Iivllk0Illllll llllk Ilia' CIC' iiui° iiui° I "..IIIIIII" , April 14, 2021 The City of Saint Sohn His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Zoning By -Law Amendment 300 Sydney Street On March 22, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 13, 2021 meeting. Mr. Jonathan Rasenberg, representing the proponent, appeared before the Committee, and expressed agreement with the Staff recommendation. Mr. Rasenberg also noted the proponent developed a project website to provide information on the project and held a virtual Town hall meeting on April 8. He also noted the location, near the waterfront, was an appropriate site for higher density residential development in his opinion. Mr. Rasenberg also noted very little negative feedback evolved from the community consultation conducted to date. The building will be of concrete construction and include contemporary exterior finished including metal siding, cement fibre board, and brick. Responding to questions from Committee members, Mr. Rasenberg noted the development team is an experienced one, with experience in both the local market and British Columbia. With respect to the impact on sight lines from the taller building, he noted that a building with a height of 14 metre, which is permitted as -of -right, would also have an impact on sight lines and the height was mitigated by the fact the building was not directly adjacent to the water. He also noted the development team has had discussions with both the Province and CMHC regarding affordable housing. He noted the proposed building includes a variety of unit sizes with a large proportion of one -bedroom units which responds to needs for affordability. Page 1 of 5 7 Parsi Development NB Limited 300 Sydney Street April 14, 2021 Mark Reade, Senior Planner, noted that in response to the third -party design review, the design of the building had advanced form that initially proposed in the application with the addition of a two-story commercial and residential component along Sydney Street. Staff are supportive of this design revision as it strengthens the relationship between the building and the Public Realm along Sydney Street and introduces a step back at an elevation between 7 metres and 8 metres which further reduces the massing of the building. Ms. Jill Darrah, representing Commercial Properties Limited, appeared before the Committee and referenced her letter noting concerns with snow removal, lighting, and traffic. Committee members noted the project will bring density to the Uptown Core and have spinoff benefits including increased demand for retail amenities such as a grocery store. It was also noted that the project represents Smart Growth. Some members felt additional funds could be directed towards improvements at Tin Can Beach and additional upgrades to crosswalk infrastructure beyond that proposed in the Traffic Impact Study. Other Committee members expressed concerns with the overall building and site design with respect to the amount of surface parking and the design of the building and its lack of relationship to the Saint John context. There was also discussion regarding the rising amount of variance applications (height, step backs), and that a review of the City's building design guidelines and by-laws could be something to look into for future developments in the Uptown core. No other persons appeared before the Committee and one letter was received regarding the application. Following consideration of the Staff report, supplemental memo from Staff with a revised recommendation reflecting the revised building design, presentations, and letters, the Committee adopted a motion to unanimously adopt the revised Staff Recommendation. The Committee also approved a variance to allow for the building to be developed without the provision of 3 metre fagade step backs at elevations of 14 metres and 24 metres. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 7881 square metres, located at 300 Sydney Street, also identified as PID Number 00000034, from Major Community Facility (CFM) to High -Rise Residential (RH). 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 7881 square metres, located at 300 Sydney Street, also identified as PID Number 00000034: Page 2 of 5 8 Parsi Development NB Limited 300 Sydney Street April 14, 2021 (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) Trees and shrubs be planted in the front, flankage, and rear yards, as well as the side yard where possible, to the same standard required by the Zoning By-law for developments in Commercial and Community Facility zones, as per the landscaping plans, and that such trees and shrubs be planted within one year from the issuance date of the development permit; (c) All infrastructure improvements to support the development will be completed at the developer's sole responsibility and expense including: i. Extension of the watermain to the development site and possible upsizing of the watermain, should it be required, to provide adequate flows for the proposed development. ii. Extension of the sanitary sewer main to serve the development site, with the provision of a private sewage lift station and force main, should it be required. iii. Provision of recommended transportation network improvements, detailed in the Traffic Impact Statement dated February 17, 2021 prepared by Englobe Limited for the proposed development at 300 Sydney Street. iv. Provision of a concrete sidewalk and concrete curb and gutter along the Sydney Street frontage of the site. (d) That the development be constructed above existing grade given the significant tidal influences in this area and not include a basement level below the current elevation of Sydney Street. (e) That the site and building plans, including floor plans, and building elevations, be in substantial conformity with the revised design prepared for the project as shown on plans dated April 12, 2021 Page 3 of 5 9 Parsi Development NB Limited 300 Sydney Street April 14, 2021 prepared by Spitfire Design on behalf of Parsi Development for the multiple unit residential development at 300 Sydney Street and include the following elements: i. incorporation of a two-story fagade along the Sydney Street and outside corner elevations with ground floor commercial and residential uses in the second storey. ii. Building fagade materials to be in accordance with the materials shown on the drawings including a masonry fagade on the lower two storey portion that has commercial space on the ground floor and residential uses on the second floor. iii. improved use of material treatments and colours on the sides of the building which do not face the water to break up the massing of the building; (f) That notwithstanding subsection 10.2(1) of the Zoning By-law, the following commercial uses be permitted in the ground floor area along Sydney Street and within the southwestern portion of the building: i. Artist or Craftsperson Studio ii. Business Office iii. Live -Work Unit (g) That notwithstanding paragraph 10.2(2)(b) of the Zoning By-law, uses located within the two -storey area along Sydney Street within the southwestern portion of the building have their main access from outside the building at ground level: (h) That the development shall be completed within 5 years of the date the rezoning came into effect. If it is not completed within that time, Council may take steps to cancel the resolution and agreement and repeal the rezoning pursuant to Section 59(5) and 59(6) of the New Brunswick Community Planning Act; and, 3. That Common Council authorize a Section 131 agreement between the City and the Developer for the following public benefits associated with the development: i. A contribution of $130,000 to the City towards improvements at Rainbow Park including: Page 4 of 5 10 Parsi Development NB Limited 300 Sydney Street April 14, 2021 1. An updated Master Plan for Rainbow Park; 2. Repairs of the existing basketball court; 3. Enhanced landscaping; and 4. Funding for the temporary operations of the outdoor ice surface. ii. A contribution of $10,000 to the City towards a bus shelter to be located along Broad Street in the vicinity of the development; iii. A contribution of $20,000 to the City towards the beautification of the Tin Can Beach area. 4. That Common Council amend Schedule G of the Zoning By-law and increase the maximum building height from 14 metres to 39.3 metres for the parcel of land having an area of approximately 7881 square metres, located at 300 Sydney Street, also identified as PID Number 00000034. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 5of5 11