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2021-07-12_Agenda Packet--Dossier de l'ordre du joure City of Saint John Common Council Meeting AGENDA Monday, July 12, 2021 6:00 pm 2nd Floor Common Council Chamber, City Hall - Public Access to Meeting will be Electronic 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 1. Call to Order 1.1. Land Acknowledgement 1.2. National Anthem 2. Approval of Minutes 2.1. Minutes of June 28, 2021 2 - 19 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Proposed By -Law Amendment — Heritage Conservations Areas By -Law 20 - 21 (Recommendation in Report) 5.2. Licence Agreement for Stage and Washroom at Pat Rocca Way (Market 22 - 32 Square Boardwalk) (Recommendation in Report) 5.3. Contract 2021-02: Princess Street (Water St. to Prince William St. & 33 - 35 Canterbury St. to Germain St.) — Sanitary and Storm Sewer (Recommendation in Report) 5.4. Project Contributions from LPP Trust Fund (Recommendation in Report) 36 - 42 5.5. Saint John Transit & Parking Commission: Appointment of Austin Proctor 43 - 43 Canadian Corps of Commissionaires (Recommendation in Report) E 10 13 14 15 5.6. Patio Licence for Market Square Boardwalk (Recommendation in Report) 44 - 51 5.7. CentralSquare Technologies Terms for Script Development (Recommendation 52 - 56 in Report) Members Comments Proclamation Delegations / Presentations 8.1. Health Growth Plan UNB Saint John 57 - 64 Public Hearings - 6:30 p.m. 9.1. Proposed Rezoning and Section 59 Amendment with Staff Presentation and 65 - 159 Planning Advisory Committee report recommending approval - 489 Sea Street and 0 Woodville Road (1st and 2nd Reading) Consideration of By-laws 10.1. Traffic Bylaw Amendment Schedule M - Canterbury Street (3rd Reading) 160 - 160 10.2. Traffic Bylaw Amendment Schedules A-1 B I - Charlotte Street (3rd Reading) 161 - 162 10.3. Parking Bylaw Amendment Schedule A - Charlotte Street (3rd Reading) 163 - 164 Submissions by Council Members Business Matters - Municipal Officers 12.1. 2020 Annual Workforce Report 165 - 210 12.2. Arena Ice Rental Rates and Ice Allocation Policy 2021-2022 211 - 245 Committee Reports Consideration of Issues Separated from Consent Agenda General Correspondence 15.1. D. James: Followup Redlight Cameras (Recommendation: Receive for 246 - 247 Information) 15.2. ME Carpenter: Findings of 2020 Independent Transit Operational Audit 248 - 249 (Recommendation: Receive for Information) 15.3. R. Chang - Train Horns (Recommendation: Refer to City Manager) 250 - 250 2 15.4. S. Tobias: SJ Theatre Company Request to Present (Recommendation: Refer 251 - 251 to the Clerk to Schedule) 16. Supplemental Agenda 17. Committee of the Whole 17.1. Lease Termination (Tea Infusion) 252 - 252 17.2. Committee Appointment 253 - 253 18. Adjournment 9 City of Saint John Common Council Meeting Monday, July 12th, 2021 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Land Matter 68(1)(d) 1.4 Nominating Committee 68(1)(b) COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 28, 2021, AT 5:30 PM 2nd FLOOR COMMON COUNCIL CHAMBERS Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Brent Harris Councillor -at -Large Gary Sullivan Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: City Manager J. Collin General Counsel M. Tompkins Commissioner Human Resources S. Hossack Commissioner Public Works and Transportation Services M. Hugenholtz Commissioner Growth & Community Services J. Hamilton Deputy Fire Chief R. Nichol Assistant Comptroller C. Lavigne Deputy Commissioner Saint John Water K. Mason Director Legislative Services / City Clerk J. Taylor Administrative Assistant K. Tibbits Administrative Officer R. Evans 1 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 1. Call to Order 1.1 Land Acknowledeement Mayor Noade Reardon read the Land Acknowledgement to acknowledge that the land on which the City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet. The Wolastogiyik/Maliseet along with their Indigenous neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources. 1.2 National Anthem The Saint John Symphony Youth Orchestra performed O Canada by recorded video. 2. Approval of Minutes 2.1 Minutes of June 14, 2021 Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that the minutes of June 14, 2021, be approved. MOTION CARRIED. 2.2 Minutes of June 21, 2021 Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the minutes of June 21, 2021, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda of June 28, 2021, be approved with the addition of item 17.1 Special Advisor to the Mayor; 17.2 Transit Commission — Management Services Agreement; and 17.3 Recommended Appointments to Committees. 10U91Ius] OWN 1T ::1"I 4. Disclosures of Conflict of Interest 2 3 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Councillor Radwan declared a conflict of interest with item 10.2 Lane Reduction and Parking Expansion to Charlotte Street between Union Street and North Market Street — Traffic By -Law Amendment and Parking By -Law Amendment (15t and 2nd Reading). Councillor Hickey declared a conflict of interest with Item 10.3 Public Presentation — 15 Broadway Avenue. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2021- 164: 2021 Unidirectional Water System Flushing, notwithstanding the City's Procurement Policy for Engagement of Professional Services, Common Council authorize staff to extend the agreement with Aqua Data Atlantic for an additional year (2021) at the same rates as 2020. 5.2 That as recommended by the City Manager in the submitted Report M&C 2021- 184: Cleanup of Unsightly Properties at Various Locations, Common Council directs one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the cleanup of the following unsightly properties: 1. 94 and 96 Woodhaven Drive, PID# 00370288; and 2. 2-4 Wellesley Avenue, PID# 00371310. 5.3 That as recommended by the City Manager in the submitted report M&C 2021- 187: Delivery of Bulk Highway Salt, Common Council approves the tender for road salt delivery be awarded to Kingsco Transport Ltd. for a one (1) year period with an additional five (5) one (1) year extensions. 5.4 That as recommended by the City Manager in the submitted report M&C 2021- 188: Supply Agreement for Bulk Highway Salt, Common Council approves the supply contract for road salt with Nutrien be extended for the next six (6) year period with the opportunity to extend by two (2) consecutive three (3) year periods. 5.5 That as recommended by the City Manager in the submitted report M&C2021-189: 2021-22 Articling Student - Working NB Letter of Offer Common Council approves the City accept the Letter of Offer dated May 7, 2021 between the Department of Post -Secondary Education, Training and Labour and the City of Saint John for the placement of an articling student at the City for a 26-week period starting Dec. 27, 2021, and that the Mayor and City Clerk be authorized to execute the said Letter of Offer and any documents ancillary thereto. 5.6 That as recommended by the City Manager in the submitted report M&C 2021- El COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 185: Initiate Stop -Up and Closure for Portion of Consumers Drive to Facilitate Placement of Freestanding Sign for First United Pentecostal Church (Saint John) Inc. Common Council approves the following: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a 13 square metre portion of a public street known as Consumers Drive, as shown on a Survey Plan titled, "Portion of Consumers Drive, City of Saint John, Saint John County, Province of New Brunswick" (submitted), be set for Monday, July 26, 2021 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law identified above; 3. In the event that Common Council gives Third Reading to the By -Law Amendment as stated above, that the City enter into a License Agreement with First United Pentecostal Church (Saint John) Inc. generally on the terms and conditions outlined in M&C 2021-185 ; and further 4. That the Mayor and City Clerk be authorized to execute the said License Agreement and all other documents ancillary thereto. Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamation 8. Delegations/Presentations 10. Consideration of By -Laws 10.1 Canterbury Street — Loading Zone Removal — Traffic By -Law Amendment (1st and 211 Reading) Consideration was given to the submitted report M&C 2021-183: Canterbury Street - Loading Zone Removal, Commissioner Hugenholtz noted that it addresses the removal of a loading zone from a section of Canterbury Street at the request of a business owner wanting to place a sidewalk cafe in front of their business. 4 5 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Moved by Councillor Radwan, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto" amending Schedule "M" Loading Zones, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto." Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto" amending Schedule "M" Loading Zones, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto." (Councillor Radwan declared a conflict of interest with Item 10.2) 10.2 Land Reduction and Parking Expansion to Charlotte Street between Union Street and North Market Street — Traffic ByLaw Amendment and Parking ByLaw Amendment (1st and 2nd Reading) Consideration was given to the submitted report M&C 2021-182: Lane Reduction and Parking Expansion to Charlotte Street between Union Street and North Market Street. Commissioner Hugenholtz stated that the demolition of the property at 91 King Street required closure of part of a lane along Charlotte Street between North Market and King Street. The bylaw amendment would permit temporary closure of the rest of that lane between Union and North Market for the duration of the construction. The traffic lane would be replaced by metered parking with seven spaces, including one accessible space. Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto" amending Schedule "A-1"- Parking for Specified Times — Charlotte Street; amending Schedule "B" — No Parking Anytime — Charlotte Street; and amending Schedule "I" — No Overnight Parking — Charlotte Street, be read a first time. MOTION CARRIED. 5 X COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Read a first time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto." Moved by Councillor Sullivan, seconded by Councillor Stewart: RESOLVED that the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto" amending Schedule "A-1"- Parking for Specified Times — Charlotte Street; amending Schedule "B" — No Parking Anytime — Charlotte Street; and amending Schedule "I" — No Overnight Parking — Charlotte Street, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law to Amend a By -Law respecting the Traffic on Streets in The City of Saint John, By -Law No. MV-10.1 and amendments thereto." Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that a "By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto, amending Schedule "A" Parking Zones — Charlotte Street, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto. Moved by Councillor Norton, seconded by Councillor Killen: RESOLVED that a "By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto, amending Schedule "A" Parking Zones — Charlotte Street, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto. (Councillor Hickey declared a conflict of interest with Item 10.3) 10.3 Public Presentation —15 Broadwav Avenue Commissioner Hamilton gave a Public Presentation for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule A of the Municipal 6 l7 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Area to Employment Area; and redesignate on Schedule B of the Municipal Development Plan, land having an approximate area of 0.29 hectares, located at 15 Broadway Avenue, also identified as PID 00299248, PID 00300814, and an undeveloped portion of a Public Street, from Stable Residential to Commercial Corridor to recognize the commercial use on the subject site. Written objections to the proposed amendment may be made to the Council, in care of the City Clerk until July 28, 2021. 11. Submissions by Council Members 12. Business Matters -Municipal Officers 12.1 Citv of Saint John's Response to Green Paper The City Manager stated that the province has undertaken a Municipal reform initiative which produced a Green Paper and is the prelude to a potential White paper to outline policy direction. The Cities of New Brunswick Association produced a reply on behalf of all eight cities. Some cities, including Saint John, have decided to submit its own specific responses to reinforce the document submitted by the Association. The City's response addresses four fundamental issues: • A tax system where those who are provided service, regardless of where they reside, pay for the service and the associated infrastructure; • A property tax system that sees fair taxation from commercial and residential properties and sees the majority of the revenue retained by the municipalities from which it is generated; • Regional collaboration and the necessity for regional cost sharing; • Municipal reform to discourage sprawl and focus on the development of urban areas. A comprehensive property tax review and a new system must be put in place no later than the 2023 budget year. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2021- 191: City of Saint John's Response to Green Paper, that Common Council adopt and submit the document Forging the Path Towards Municipal Reform as the City of Saint John's Response to the Government of New Brunswick's Green Paper. 7 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 13. Committee Reports 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 D. Smith: Request for Stop Sign on corner of Churchill Blvd and Balfour Street (Recommendation: Refer to City Manager) Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the letter from D. Smith regarding a stop sign request on the corner of Churchill Boulevard and Balfour Street be referred to the City Manager. MOTION CARRIED. 15.2 D.Emerson: UNB Integrated Health Initiative - Request to Present to Common Council (Recommendation: Refer to the Clerk to Schedule Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the request to present from D. Emerson on the UNB Integrated Health Initiative, be referred to the City Clerk to schedule. MOTION CARRIED. 15.3 L'Arche Saint John: Ticket Purchase Request (Recommendation: Refer to Clerk to purchase tickets for interested Council Members The City Clerk advised that the "Ticket Purchasing Policy" would be circulated to members of Council for their information. Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the purchase ticket request from L'Arche Saint John be referred to the City Clerk to purchase tickets for interested Council members. MOTION CARRIED. 15.4 Crane Mountain Enhancement Inc. (Recommendation: Refer to City Manager) Moved by Deputy Mayor MacKenzie, seconded by Councillor Radwan: 9 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 RESOLVED that the letter from T. Simpson regarding Crane Mountain Enhancement Inc. be referred to the City Manager. MOTION CARRIED. 15.5 M. Brown Letter: Lack of DC Charging Stations in Saint John (Recommendation: Receive for Information) Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the letter from M. Brown regarding Lack of DC Charging Stations in Saint John, be referred to Saint John Energy. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Special Advisor to the M Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on June 28, 2021, the City enter into an Employment Agreement with Bradley Dryer in the form as presented to Committee of the Whole in closed session at its June 28th, 2021 meeting. MOTION CARRIED. 17.2 Transit Commission — Management Services Agreement The City Manager stated that in consultation with the Transit Commission a new business model has been developed to enhance the efficiency of the transit system with a goal of eventually increasing service hours and/or reducing costs. The City of Saint John will assume responsibility for the daily operations of the transit system. The Transit Commission will remain as the strategic oversight body and will approve all policy decisions, budget considerations, and be responsible for unionized labour relations. Moved by Deputy Mayor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 28, 2021, the City enter into the Management Services Agreement with the Saint John Transit Commission generally in the form as attached to M&C 2021-193 and that the Mayor and City Clerk be authorized to execute the said agreement. MA[ON us] kwoli t"Ilkl"I 10 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 17.3 Recommended Appointments to Committees Moved by Councillor Norton, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on June 28, 2021, Common Council make the following appointments to Committees: Growth Committee: to appoint Mayor Donna Noade Reardon, Deputy Mayor John MacKenzie, Councillor Brent Harris, Councillor Joanna Killen and Councillor Gerry Lowe each to the end of their current terms on Council; and further that Councillor Killen be appointed Chair. Finance Committee: to appoint Mayor Donna Noade Reardon, Councillor Gary Sullivan, Councillor Greg Norton, Councillor Paula Radwan and Councillor David Hickey each to the end of their current terms on Council; and further that Councillor Sullivan be appointed Chair. Public Safety Committee: to appoint Mayor Donna Noade Reardon, Councillor Barry Ogden, Councillor Greg Stewart, Councillor David Hickey and Councillor Gary Sullivan each to the end of their current terms on Council; and further that Councillor Hickey be appointed Chair. Transit Commission: to appoint Councillor Gerry Lowe, Councillor Greg Stewart and Councillor Brent Harris each to the end of their current terms on Council. Strategic Planning Advisory Committee: to appoint Mayor Donna Noade Reardon, Councillor Brent Harris and Councillor Paula Radwan each to the end of their current terms on Council; and further that Councillor Harris be appointed Chair. PRO Kids: to appoint Councillor Greg Stewart until the end of his current term on Council. Saint John Board of Police Commissioners: to appoint Councillor Greg Norton and Councillor Joanna Killen each to the end of their current terms on Council. Planning Advisory Committee: to appoint Councillor Gerry Lowe and Councillor Gary Sullivan each to the end of their current terms on Council. Saint John Energy: to appoint Councillor Gary Sullivan to the end of his current term on Council. Federation of Canadian Municipalities: to appoint Deputy Mayor John MacKenzie and Councillor Brent Harris each until the end of their current terms on Council. 10 11 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Regional Facilities Commission: to appoint Deputy Mayor John MacKenzie and Councillor David Hickey each until the end of their current terms on Council. Community Grants Evaluation Committee: to appoint Councillor Barry Ogden and Councillor Greg Stewart until the end of their current terms on Council. Canada Games Foundation: to appoint Councillor Barry Ogden until the end of his current term on Council. Saint John Community Arts Board: to appoint Councillor Joanna Killen and Councillor Paula Radwan each until the end of their current terms on Council. Cities of New Brunswick: to appoint Mayor Donna Noade Reardon and Councillor Joanna Killen each until the end of their current terms on Council. Saint John Aquatic Centre Commission: to appoint Councillor Greg Norton, as the Mayor's designate, until the end of his current term on Council. TD Station Commission: to appoint Councillor Greg Stewart until the end of his current term on Council. Trade and Convention Centre Oversight Committee: to appoint Councillor Paula Radwan until the end of her current term on Council. Heritage Development Board: to appoint Councillor Paula Radwan until the end of her current term on Council. Regional Services Commission: to appoint Deputy Mayor John MacKenzie until the end of his current term on Council. Uptown Saint John: to appoint Councillor David Hickey until the end of his current term on Council. MOTION CARRIED. Moved by Councillor Norton, seconded by Councillor Radwan: RESOLVED that the meeting be adjourned for a 5-minute recess. 10n5 emus]OWNli t :1"I 9. Public Hearings - 6:30pm 12 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 9.1 Proposed Zoning BVLaw Amendment — Dever Road Intermodal Terminal with Staff Presentation and PAC report recommending amendment (1st and 2nd Readingl The City Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.2 hectares, located at 730, 858, 864 and 906 Dever Road, also identified as being portions of PID numbers 00405589, 55002968, and 55180079, from Light Industrial (IL) to Transportation (T) to construct a new intermodal terminal with written letters of objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its June 15, 2021, meeting at which the Committee recommended the rezoning of a parcel of land as described above with Section 59 Conditions and a Section 131 agreement. Commissioner Hamilton stated that this rezoning would permit the development of the Lancaster Logistics Park, an intermodal facility and auto port located on lands owned by JDI Limited on Dever Road. Recommendation is for approval of the application with conditions intended to mitigate the impact of the development and address public benefits proposed by the developer. The Planning Advisory Committee is recommending additional conditions. Staff have addressed these points and are recommending additional conditions to give effect to the views expressed by the PAC in their unanimous approval but with some changes to address operational considerations. Mr. Reade, Senior Planner, reviewed the objectives of the proposal which would include Section 59 conditions and a Section 131 agreement as outlined in the submitted report. The Planning Advisory Committee adopted an amended staff recommendation related to the timing of the construction of the noise barrier and the berm, with completion occurring prior to commencement of construction on this site. Since that meeting, the City and the applicant agreed to building the tree -berm along Dever Road prior to construction, with the noise barrier being constructed in conjunction with the intermodal terminal. Residents also expressed concern with the proposed park and the proximity of the playground to existing homes. Staff amended that condition after additional review. Further consultation also occurred with respect to the noise monitoring program — noise monitoring would occur prior to the intermodal facility becoming operational, priorto the auto terminal becoming operational and at such time as there are changes to the site. It would include pre and post monitoring. The Mayor called for members of the public to speak against the re -zoning with the following presenting: Mr. David Ryan — 712 Dominion Park Road: 12 13 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 • Train whistles are already bothersome and will increase with construction of this facility • Safety issues including increased truck and non -truck traffic, roadway unable to support this increased traffic, and a blind hill in the area • B Trains to be used only with the permission of the City but the process remains unclear • Crosswalk safety including the visibility of crosswalks and trucks obstructing the view of crosswalks • Recommends that conditions be imposed with respect to train whistles and an exemption be requested so that trains do not have to blow the whistle when leaving the yard Mr. David Drinnan — 111 Connor Street: • Concerned with issues surrounding quality of life, livability, sustainability, the City's reputation to be more attractive to tourists and residents, and property values • The organizations who are in support of this project are prioritizing their own interests over the interests of citizens. The development may benefit the wider region, but the burden of industry is on the City of Saint John and its residents • Increased traffic and population will affect families and multi -generational homeowners; industry is trumping their interests • High quality affordable family neighbourhood that competes with outlying areas is being impacted • Negative impact of this kind of industrial intensification on the City of Saint John • Supportive of economic development but not every opportunity is a good one when you weigh the cost to people • Disagrees with the view that because industrial activity is already occurring on this site, that the impact is not significant to the community. There are other options that the proponent could consider — this is the cheapest, most convenient option. • Developers and even staff bend the Municipal Plan to benefit developers in ways that contradict it • Livability never seems to trump industry, even since the development of Plan SJ • The City needs tax base and population growth to thrive — this industrial intensification will not generate additional tax revenue, but it will gut this middle- class neighbourhood which competes directly with the Valley • Need to decide if this city is a place where people want to live, or a city tied to industry at a cost to everything else • PAC wants enforcement mitigation in place however the bylaw approach will not work. Federal and provincial legislation overrides municipal authority; bylaws are largely useless and difficult to enforce. • Asking to table this application and consult with the Legal department to find ways to bind the applicant outside of a bylaw to protect resident's interests 13 14 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 • Asking the City to enforce mitigation and ensure that the City has the ability to establish rules of operation that limits the impact on residents • Implement long-term monitoring of sound and environmental pollutants managed by the City. • Commitment to limit high -impact operations within the railyard to certain times of the day. Mr. Paul O'Neil — 914 Dever Road: • Concerned about the impact of a more active train yard on his daycare • Questions such as the proximity of the park to his property, whether there will be fencing/trees between the park and his property • Safety issues in terms of visibility and placement of crosswalks and transport truck routes • Issue of shunting and the shaking of ground that it causes Ms. Mary Anderson — 897 Dever Road: • The intermodal terminal has no place in a residential community • Disruption in the entire area would outweigh any benefit • Impact to the safety of the NB pipeline which passes through the area • Concerns with impeding traffic and safety of pedestrians on Dever Road • Impact on home values • Do the right thing for residential citizens and not give in to big business The Mayor called for members of the public to speak in favour of the re -zoning with the following presenting: Mr. Rick Turner, Hughes Surveys and Consultants on behalf of the applicant: • Accept the recommendations outlined in the supplementary report • The investment being made for the Intermodal terminal, beautification and sound mitigation is over $5M with approximately $2M of that going towards beautification and mitigation • $1M investment in the sound wall where intermodal and loading will occur • The investment is about business opportunities however intermodal and auto port business is already occurring. What is new is the addition of a significant wall, building a berm over 1000 feet long, and developing and maintaining a park for the community. Mr. Wayne Power, Vice President of Transportation and Logistics Division, JDI Ltd: • The project aligns and complements important transport initiatives underway and will accelerate economic activity • The Port modernization project is the major driver of transportation growth in Saint John; the Lancaster Logistics Park will complement and support this transportation hub 14 15 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 • The domestic intermodal market is growing, is cost effective and has a lower carbon footprint than long haul trucking. The logistics park is a critical part of the supply chain and will reduce the need for long -haul trucking • This operation will help facilitate and improve the supply chain for local shippers • It will generate 47 well -paying jobs — exceptional opportunity for the City and the region as an intermodal transportation hub • Rail is more fuel efficient and has 75% less greenhouse gases Ms. Paulette Hicks, CEO of Envision Saint John: • A strong and sustainable multi -modal transportation sector is a fundamental part of the region's value proposition and signals that the region is growth -ready • This project, in conjunction with the Port modernization project, presents a huge opportunity for the Saint John region and New Brunswick — success is tied to the global supply chain, investment flow, and people migration. This proposal will capitalize on these opportunities, optimize our assets, and advance Saint John as a global transportation and logistics hub. • Will increase the region's competitiveness for investment opportunities and signal that our region is open for business • Expanding our infrastructure and freight options is not only essential for global shippers but also plays an essential role in opening new markets for local businesses • Creates new opportunities for employment • The project fits with the regional growth agenda Mr. Andrew Dixon, Senior VP of Trade and Business Development, Saint John Port Authority: • Strong support of the proposed Lancaster Logistics Park as it relates to the overall growth of this region and the ongoing $205M modernization project at Port Saint John, bringing hundreds of good paying jobs to the region • This growth will set the port and the region apart from competitors; imperative that the entire supply chain increase its efficiency and capacity • All the pieces are falling into place for a generational shift and a business opportunity to see rail growth • Substantial employment opportunity in the logistics sector • NB Southern Railway is the key to handling the volumes that are possible and to create a world class logistics hub • Port Saint John is in strong support of this project Mr. Colby Bullard, Vice -President of Marketing and Sales, CP Rail: • Need for critical, domestic, intermodal infrastructure to effectively service Saint John 15 16 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 • CP Rail made a three-year commitment to invest $100M in track infrastructure improvements to build a safe, Class 1 service between Saint John and Montreal and markets beyond Montreal • With CP's $100M rail investment and the Port's $200M investment, the demand for domestic intermodal infrastructure is critical to create a transportation hub in Saint John • Domestic intermodal is critical to move products in a cost-effective way and is more environmentally friendly and fuel efficient than trucking • Opportunity to support critical supply infrastructure Mr. Ian Simpson, NB Southern Railway: • Of all possibilities and for a variety of reasons, the west side location is the best option for the ability to grow and also provides the shortest truck routes • There is a deep concern about noise in the community — the best way to reduce noise is to reduce switching. The Lancaster Logistics Park will have a single track, more that 2000 feet long, and allows for reduced switching • Want to grow the business responsibly • Putting 40% of their investment into things that will help the community — the berm, the trees, the park • Regulations limit their ability to prohibit whistling Ms. Alex Crawford Weaver, Chair, Planning Advisory Committee: • Speaking with regards to the updated staff recommendations • Residents in the area are wary of the current noise and the possibility of additional noise from the proposed project • The applicant and the sound engineers assured the residents at the PAC meeting that there would not be additional noise from this project post construction • The PAC voted unanimously with staff's recommendation with additional conditions mostly related to noise monitoring and mitigation • City staff advised of proposed changes, one of them being the applicant would not build a noise barrier wall prior to construction but will ensure that the treed berm is built prior to commencement of construction • Staff also reported on the noise mitigation program; changes being recommended do not reflect the unanimous vote of PAC • Citizens are not confident that the noise monitoring program being recommended will result in a long-term solution for noise Ms. Anne McShane, member, Planning Advisory Committee: • Agrees with the remarks of the Chair • The vote would not have been unanimous, and she would have voted nay, if the new recommendations were known at the time; the issue primarily surrounds noise mitigation, noise monitoring and enforcement 16 17 COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 Mr. Collin stated that staff could come back prior to third reading to address the unanswered questions and outstanding issues with respect to noise monitoring and enforcement. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that: WHEREAS Common Council has heard from PAC about the noise mitigation factor being changed; AND WHEREAS Common Council has learned that we have the appropriate tools to regulate land use; THEREFORE BE IT RESOLVED that the current proposal be referred to the City Manager to construct an amendment to the proposal that provides the City with long-term noise monitoring within a scope approved by the City and paid by either JDI Ltd., or one of its partners in order to mitigate the noise issue. The question was not taken as a tabling motion was moved and seconded. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the referral motion be tabled until first and second reading is given on the proposed rezoning. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that they by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.2 hectares, located at 730, 858, 864 and 906 Dever Road, also identified as being portions of PID numbers 00405589, 55002968, and 55180079, from Light Industrial (IL) to Transportation (T), be read a first time. MOTION CARRIED with Councillors Radwan and Killen voting nay. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that they by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 13.2 hectares, located at 730, 858, 864 and 906 Dever Road, also identified as being portions of PID numbers 00405589, 17 in COMMON COUNCIL / CONSEIL COMMUNAL June 28, 2021 / le 28 juin 2021 55002968, and 55180079, from Light Industrial (IL) to Transportation (T), be read a second time. MOTION CARRIED with Councillors Radwan and Killen voting nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the referral motion be lifted from the table. Ito] IIs] LINTO ilk] ilk] 1x03 Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that: WHEREAS Common Council has heard from PAC about the noise mitigation factor being changed; AND WHEREAS Common Council has learned that we have the appropriate tools to regulate land use: THEREFORE, BE IT RESOLVED that the current proposal be referred to the City Manager to construct an amendment to the proposal that provides the City with long-term noise monitoring within a scope approved by the City and paid by either JDI Ltd., or one of its partners in order to mitigate the noise issue. MOTION CARRIED with Councillor Radwan voting nay. 18. Adjournment Moved by Councillor Hickey, seconded by Councillor Killen: RESOLVED that the meeting of Common Council held on June 28, 2021, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 9:40 p.m. is 19 COMMON COUNCIL REPORT M&C No. 2021-200 Report Date July 05, 2021 Meeting Date July 12, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed By -Law Amendment — Heritage Conservations Areas By - Law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emma Sampson Jacqueline Hamilton John Collin RECOMMENDATION Your City Manager recommends that Common Council set the public hearing date of July 26, 2021 to consider an amendment to the Heritage Conservation Areas By -Law concerning the removal of 191 Princess Street from the Princess Street Heritage Conservation Area. EXECUTIVE SUMMARY In March 2021, a letter was submitted to Common Council requesting the removal of the property at 191 Princess Street from designation in the Princess Street Heritage Conservation Area under HC-1 Saint John Heritage Conservation Areas By -Law. Having subsequently been reviewed by the Heritage Development Board, with its recommendation to Common Council made, this report is submitted to set the public hearing date for the proposed amendment. PREVIOUS RESOLUTION N/A REPORT 191 Princess Street is a mid -block residence in the Princess Street Heritage Conservation Area on the central peninsula. Following purchase of the property in February 2021, the new owners submitted a request to have the municipal 20 -2- designation removed for the property; such requests are considered as by-law amendments heard through Common Council. Staff is recommending Common Council set a public hearing for July 26, 2021. STRATEGIC ALIGNMENT The proposed amendment does not align with existing corporate priorities relating to the importance of growth and of vibrant neighbourhoods. SERVICE AND FINANCIAL OUTCOMES N/A ❑��Il►jrda�luL��/:I�:�i�:7�/[�i��L'7��F��►PI���r�►:7f:rgj4 The Heritage Development Board unanimously recommended for Common Council to move to deny the proposed amendment at the Board's meeting of May 5, 2021. ATTACHMENTS N/A 21 r COMMON COUNCIL REPORT M&C No. 2021-199 Report Date July 06, 2021 Meeting Date July 12, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Licence Agreement for Stage and Washroom at Pat Rocca Way (Market Square Boardwalk) AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION That The City of Saint John enter into a Licence Agreement with The Hardman Group Limited and North Market Wharf Cultural Association Inc., in substantially similar form to the previous Licence Agreement with the term to end on December 31, 2021, to provide for the operation of a stage and washroom building/structure on a portion of PID No. 18614, situated adjacent to Pat Rocca Way, also known as Market Square Boardwalk, and further that the Mayor and City Clerk be authorized to execute the said Licence Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is for The City of Saint John (the "City") to enter into a Licence Agreement (the "Licence") with the North Market Wharf Cultural Association Inc. ("NMWCA") and The Hardman Group Limited ("Hardman") to clarify that all ongoing operation and maintenance for these structures, including liability and insurance, are the responsibility of NMWCA and Hardman. This Licence will be in effect to the end of this year with an early termination clause, to permit termination by either party prior to the end of the year. Envision Saint John: The Regional Growth Agency ("Envision") has informed all parties to the Licence that termination — and removal of these two structures — is expected sometime early this Fall, to proceed with planned infrastructure redevelopment for Loyalist Plaza and the Boardwalk area. A nominal fee of $1,000.00 plus HST will be required for this Licence; all terms and conditions remain substantially similar to the previous licence. PREVIOUS RESOLUTION On March 22, 2021 Council approved a 2 %-year Licence Agreement (M&C 2021-024) for the Stage/Washroom structures, which ended June 30t" of this year. REPORT The NMWCA, a non-profit organization in association with Hardman, the lessee and manager of Market Square, entered into a licence with the City as owner of the subject property to enable the Atruction and operation of a new sa washroom/greenroom structure with wheelchair accessibility, adjacent to the stage. These structures are located on the outer edge of Pat Rocca Way. The City's Legal team previously prepared a licence, detailing the responsibilities of all parties involved, while also ensuring the City is protected from liability. The terms and conditions contained in that licence required all ongoing operations and maintenance to be the responsibility of the NMWCA and Hardman. This licence expired on June 30t", 2021. It took the parties an extensive period of time to prepare and agree on the terms and conditions for a licence, and to obtain the signature of NMWCA and Hardman on the licence. As such, the renewal is following shortly after final execution. Although it was the intention to incorporate the renewal Licence into the licence with the patios on the Boardwalk, the flexibility required to accommodate upcoming infrastructure renewal work and the greater Fundy Quay project led to a decision to keep the two licenses separate. The current Licence establishes the responsibility of NMWCA and Hardman for ongoing operation and maintenance for these structures, including liability and insurance. This Licence will be in effect to the end of this year with an early termination clause, should either party choose to end the Licence prior to the end of the term. Envision has informed all parties to the Licence that termination and removal of these two structures is expected sometime early this Fall, in order to proceed with planned infrastructure redevelopment for Loyalist Plaza and the Boardwalk area. A nominal fee of $1,000.00 plus HST will be required for this Licence; all other terms and conditions remain substantially similar to the previous Licence. STRATEGIC ALIGNMENT This aligns with Council's priority for a vibrant City that invests in arts, culture and recreation experiences to create a sense of community pride. SERVICE AND FINANCIAL OUTCOMES This Licence Agreement provides for a fee of $1,000.00 plus H.S.T. for this season. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Several City departments were engaged in the preparation of the original Licence for this facility, including: Growth and Community Services, Utilities and Infrastructure Services, the Parks division of Public Works and Transportation Services and the General Counsel Office. Envision has provided context surrounding the length of the Term. ATTACHMENT 1. Location map; and 2. Licence Agreement. 23 r�`� SAINT JOHN �e r vz THIS LICENCE made this day of , 2021 BY AND BETWEEN: THE CITY OF SAINT JOHN, of the County of Saint John and the Province of New Brunswick, a body corporate (hereinafter called the "City") OF THE FIRST PART -and- THE HARDMAN GROUP LIMITED, of the City of Halifax, Province of Nova Scotia, a body corporate (hereinafter called "HGL") OF THE SECOND PART -and- NORTH MARKET WHARF CULTURAL ASSOCIATION INC., of the City of Saint John, a body corporate (hereinafter called "NMWCA") WHEREAS HGL is the assignee and present lessee under a certain lease dated as of the 10 day of October 1980 entered into by The Market Square Corporation, as lessor, The Rocca Group Limited, as lessee, and the City, as amended (hereinafter referred to as the "Head Lease"); AND WHEREAS NMWCA is a not -for -profit corporation which has been established by several tenants of HGL for the purpose of promoting and presenting events in the general area between St. Patrick Street and the Hilton Hotel, now called "Pat Rocca Way", which is commonly referred to as the "Market Square Boardwalk"; AND WHEREAS the City is the owner of the lands shown outlined in red in Schedule "A" annexed hereto and forming a part hereof (hereinafter called the "Licensed Premises"); AND WHEREAS HGL and NMWCA have, together, asked for a licence from the City to use the Licensed Premises for the purpose of a stage to accommodate and facilitate musical and other live entertainment on the Market Square Boardwalk together with an accessory structure that includes storage space, a green room for performers, two barrier free washrooms and other incidental features that support and compliment the aforementioned stage (together, the "Market Square Stage Complex"). AND WHEREAS the City agrees to grant such a licence upon the terms and conditions herein contained: 25 z THE CITY HEREBY GRANTS, subject to the terms, conditions and provisions herein contained, to HGL and NMWCA, its servants, agents, employees and invitees exclusive permission and license to enter upon, use and exit from the Licensed Premises for the purpose of operating the Market Square Stage Complex, as well as undertaking any activities reasonably and necessarily incidental thereto; provided that: 1. The term of the licence shall be from July 13, 2021 until December 31, 2021 (the "Term"). The annual Licence fee of One Thousand Dollars ($1,000.00) plus HST (if applicable) shall be paid to the City on July 13, 2021. 3. Subject to the provisions of Paragraph 15 hereof, HGL and NMWCA shall at all times during the Term and at its own expense maintain the Licensed Premises in such order, condition and state of repair as would a prudent owner, such maintenance to be to the satisfaction of the City. HGL and NMWCA shall permit the City, its servants, agents and employees at all reasonable times for the Term to enter upon the Licensed Premises for the purpose of inspecting the state of repair or making such repairs as the City may, from time to time, consider necessary and to be the responsibility of HGL and NMWCA, such repairs by the City are to the account of HGL and NMWCA and shall be paid forthwith. 4. HGL and NMWCA shall use the Licensed Premises for the purpose of operating the Market Square Stage Complex together with any activity reasonably and necessarily incidental thereto and for no other purpose. 5. HGL and NMWCA shall maintain the Licensed Premises at all times secure from unauthorized use and occupation. 6. HGL and NMWCA shall conduct its business in and use the Licensed Premises in a reputable manner, any business practice which in the opinion of the City may harm the reputation of the City or reflect unfavourably on the City, or which may confuse, mislead or deceive the public shall immediately be discontinued by HGL and NMWCA at the request of the City. 7. HGL and NMWCA shall accept the premises on an "as -is" basis and shall be responsible for all maintenance and repair of the Licensed Premises. 8. HGL and NMWCA shall not, without the prior written consent of the Manager of Real Estate Services, place any erections, additions or improvements upon the Licensed Premises, or alter the Market Square Stage Complex on the Licensed Premises or any part thereof in any manner or fashion. 9. (a) HGL and NMWCA shall, at no expense to the City, obtain and maintain in full force and effect during the Term, a Commercial General Liability Insurance policy with policy limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; 26 3 (b) HGL and NMWCA shall, on or before July 13, 2021, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph 9(a) hereof. 10. Notwithstanding the provisions of paragraph 9 hereof, HGL and NMWCA do hereby indemnify and save harmless the City from all damages, claims, demands, actions, suits or other proceedings from whomsoever made, brought or prosecuted in any manner as a result of injury, death or property damage occurring in, or arising in connection with the exercise of the licence herein granted, save and except those attributable to the negligence of the City, its servants, employees and agents. H. (a) HGL and NMWCA shall ensure that no claims for mechanics' liens pursuant to the Mechanics' Lien Act (New Brunswick) are filed in the Saint John County Registry Office/New Brunswick Land Titles Office (Saint John) which will affect in any way the Licensed Premises. (b) Notwithstanding the provisions of paragraph l 1(a) HGL and NMWCA do hereby indemnify and save harmless the City from all damages, claims, demands, actions, suits or other proceedings made brought or prosecuted in any manner pursuant to the Mechanics' Lien Act (New Brunswick) that are attributable to the use and occupation of the Licensed Premises by HGL and NMWCA. 12. HGL and NMWCA shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance and every municipal by-law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use and occupation of the Licensed Premises or any part thereof by HGL and NMWCA. 13. HGL and NMWCA shall not, without the written consent of the City, which consent shall not be unreasonably withheld, assign or transfer or otherwise by any act or deed cause or permit the benefit of the licence herein granted or any part thereof to be assigned or transferred unto any person or persons whosoever other than a person who is a lessee under the Head Lease aforesaid and who covenants with the City to perform all obligations of HGL and NMWCA as herein stated, and further the City expressly prohibits sub -licensing and HGL and NMWCA agrees not to sub- license or to make any assignment which may be construed as a sub -license. Notwithstanding the foregoing provisions of this paragraph, HGL and NMWCA may by sub -license or otherwise by any act or deed cause or permit the benefit of the Licence or any part thereof to be enjoyed by any person who is a tenant of HGL from time to time in the Existing Buildings, as that term is defined and used in the Head Lease. 14. In the event that the rights of an assignee or transferee of HGL and NMWCA under this licence are at any time seized or taken in execution or attachment by a creditor of an assignee or transferee of HGL and NMWCA, or such assignee or transferee of HGL and NMWCA makes an assignment for the benefit of creditors, becomes bankrupt or insolvent or takes the benefit of any statute that may be enforced for bankrupt or insolvent debtors, then this licence and Term shall become forfeited and void. 15. This Licence may be terminated at any time by either party giving fifteen (15) days' written notice one to the other. Notice to the City shall be to the City Clerk by email at cit}.clerk(o-}saintiohn.ct►. 27 4 and to HGL and NMWCA by email at and coreydmcgill@gmail.com, respectively 16. The City retains the right to enter upon the Licensed Premises at any time and from time to time to perform at the City's expense, any work normally appropriate in respect of "public" property and to enter upon, dig up, inspect, maintain, replace, renew and repair any and all utilities thereon, therein and thereunder including, but not limited to, sewer and water pipes. Provided that the City shall use its best efforts to carry out such work expeditiously and, where possible, during those periods of the year when the Licensed Premises are not in active use (i.e., the months of July to October inclusive) and shall restore the Licensed Premises to their immediately preceding condition upon completion of any such work. 17. HGL and NMWCA shall ensure that the access between St. Patrick Street and the Hilton Hotel, now called "Pat Rocca Way", be kept clear of all obstacles and encroachments, and further, HGL and NMWCA shall develop an emergency plan with and to the satisfaction of the Chief of the City's Fire Department, for the clearing of "Pat Rocca Way" during such times as the Fire Chief may from time to time require. (if already exists do we still need to include this term?) 18. Upon the termination of this licence, HGL and NMWCA shall forthwith remove any and all chattels situate on the Licensed Premises and leave the Licensed Premises in a good and tidy state subject to normal wear and tear. 19. Notwithstanding the provisions of paragraphs 15 and 18 hereof, the City reserves the right to terminate this License should, in the sole opinion of the City, a more viable longer term redevelopment opportunity present itself respecting the lands shown outlined in red in Schedule "A". In such a circumstance, it shall be the obligation of HGL and NMWCA at their sole expense to remove the Market Square Stage Complex and restore the Licensed Premises to the condition they were in prior to the erection of the Market Square Stage Complex. (Should w not be providing them a timeline to remove?) 20. HGL and NMWCA shall ensure that the City may use the Market Square Stage Complex free of charge for civic purposes, as identified and determined by the City Manager, provided that such use on the part of the City does not conflict or otherwise interfere with events already scheduled. 21. Notwithstanding the general maintenance obligations of HGL and NMWCA, as identified more fully in the preceding paragraphs, HGL and NMWCA shall ensure that: a. They are responsible for the maintenance and/or renewal of the water service connection from the watermain to the structure. b. All operation and maintenance of the private sewage system that services the two barrier - free washrooms found in the Market Square Stage Complex, including any associated costs or expenses, shall be the sole responsibility of HGL and NMWCA; The private sewage system shall be routinely inspected, adjusted and pumped, as necessary, to ensure good and orderly operation and to prevent odors, which shall be carried out at the sole responsibility, cost and expense of HGL and NMWCA. Maintenance of the variety described herein shall be completed before 8:00am; d. The private sewage system shall remain concealed from the public yet accessible for service and maintenance; e. At the discretion of the Commissioner of Utilities & Infrastructure Services, if at any time there are concerns on the part of the City respecting the integrity, reliability or performance of the private sewage system, he or she may order in writing that HGL and NMWCA, at their sole responsibility, cost and expense, install a service connection between said private sewage system and the City's sewage infrastructure in accordance with a deadline set in writing by the Commissioner, and to carry out any further work that the Commissioner deems necessary to properly abandon or decommission the existing private sewage system; f. Contact information shall be posted on the Market Square Stage Complex which outlines who is to be contacted in the event that the private sewage system requires servicing. g. If any part of the Market Square Stage Complex must, in the sole opinion of the City, be dismantled or removed in order to render City infrastructure accessible for the purpose of carrying out service, repairs or replacements to same, HGL and NMWCA shall carry out the written directive of the Commissioner of Utilities & Infrastructure Services or the Commissioner of Public Works and Transportation Services, as the case may be, at their sole responsibility, cost and expense, and shall reinstate the Market Square Stage Complex to the satisfaction of the City Manager after the necessary service, replacement or repair work has been completed. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. SIGNED, SEALED AND DELIVERED) THE CITY OF SAINT JOHN in the presence of: Mayor City Clerk Common Council Resolution: THE HARDMAN GROUP LIMITED Per: 29 [- And: NORTH MARKET WHARF CULTURAL ASSOCIATION INC. Per: And: 30 7 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, , of the of , County of and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President of The Hardman Group Limited, the licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of The Hardman Group Limited is the corporate seal of the said The Hardman Group Limited, the contractor named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature " " subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the of , in the Province of New Brunswick on the day of , 2021. SWORN TO BEFORE ME at the ) of ) in the County of. _ ) and Province of New Brunswick 1 this day of _ _, 2021 Commissioner of Oaths ) Being a Solicitor ) a 31 8 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, , of the of , County of and Province of New Brunswick, MAKE OATH AND SAY: 5. THAT I am the President of North Market Wharf Cultural Association, the licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 6. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of North Market Wharf Cultural Association is the corporate seal of the said North Market Wharf Cultural Association, the contractor named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 7. THAT the signature " " subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 8. THAT the said document was executed as aforesaid at the of , in the Province of New Brunswick on the day of , 2021. SWORN TO BEFORE ME at the } of ) in the County of ) and Province of New Brunswick } this _ day of , 2021 } Commissioner of Oaths ) Being a Solicitor ) 32 e + f COMMON COUNCIL REPORT M&C No. 2021-197 Report Date July 06, 2021 Meeting Date July 12, 2021 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Contract 2021-02: Princess Street (Water St. to Prince William St. & Canterbury St. to Germain St.) — Sanitary and Storm Sewer AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Campbell J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that Contract 2021-02: Princess Street (Water St. to Prince William St. & Canterbury St. to Germain St.) — Sanitary and Storm Sewer be awarded to the low tenderer, Terraex Inc., at the tendered price of $278,858.90 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2021-02: Princess Street (Water St. to Prince William St. & Canterbury St. to Germain St.) — Sanitary and Storm Sewer to the low Tenderer. As part of this project, it is not expected that there will be any excavation on Princess Street from Prince William to Canterbury Street. PREVIOUS RESOLUTION May 3, 2021: M&C 2021-135 — Utility and General Fund — 2021 Capital Programs, Revision II, approved. 33 sa REPORT BACKGROUND The approved 2021 Water and Sewerage Utility Fund and General Fund Capital Programs include Gas Tax funding for the installation of sanitary and storm sewers on Princess Street to separate flows and provide additional sewer capacity on Prince William and Germain Streets. TENDER RESULTS Tenders closed on June 29, 2021, with the following results, including HST: 1. Terraex Inc., Saint John, NB $278,858.90 2. MIDI Construction Ltd., Saint John, NB $474,713.10 3. Fairville Construction Ltd., Saint John, NB $572,465.40 The Engineer's estimate for the work was $259,000.00 including HST. The tenders were reviewed by Staff and were found to be formal in all respects. After the Tender closing, the low tenderer was contacted to confirm that they had the manpower and equipment to complete the Work within the specified timelines. Based on this discussion, Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2021 Water and Sewerage Utility Fund and General Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 365,000 Project net cost $ 308,468 Variance (surplus) $ 56,532 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. 34 -3- STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The installation of new sanitary and storm sewers on Princess Street will allow the separation of sanitary and storm flows on Germain and Prince William Streets thereby increasing sewer capacity. ❑Pll�jrda�l��L��/,1 :49.1:19[#1��►:7 AFl�►PI %ire1:1�:[#1J[#j;f. N/A ATTACHMENTS N/A 35 COMMON COUNCIL REPORT M&C No. 2021-195 Report Date June 25, 2021 Meeting Date July 12, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Project Contributions from LPP Trust Fund AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emilie Murphy/Amy McLennan Jacqueline Hamilton John Collin RECOMMENDATION Your City Manager recommends Common Council: 1. Approve an update to guidelines for the City of Saint John's 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds', as outlined in M&C 2021-195. 2. Authorize $40,000 from the Land for Public Purpose Trust Fund be allocated to assist with a community -led project for the overhaul of the Forest Hills Pickleball Courts; and 3. Authorize $5,000 from the Land for Public Purpose Trust Fund be allocated to assist with a community -led project for the installation of a rain garden in Montgomery Crescent Park. EXECUTIVE SUMMARY A Land for Public Purpose (LPP) Trust Fund has been established by the City of Saint John to balance the development of land for habitation with the demand for land for recreational enjoyment of the neighbourhood, community, and the city. Applications for this funding are reviewed twice a year and the City has a set of policies and guidelines indicating how the LPP money should be used. For the current review period (November 1, 2020- April 30, 2021), two (2) requests for LPP funding were received, both of which are being recommended to receive funding from the LPP Trust Fund. This report provides recommendations for allocation of funds, as well as a recommendation for an amendment to the Policies' guidelines, and information regarding the release of a previously reserved funding amount. 36 sa PREVIOUS RESOLUTION N/A. REPORT A Land for Public Purpose (LPP) Trust Fund has been established by the City of Saint John to balance the development of land for habitation with the demand for land for recreational enjoyment of the neighbourhood, community, and the city. The Community Planning Act recognizes this need and requires that a portion of land or money -in -lieu of land be contributed to an LPP Trust Fund, to be drawn upon for future and ongoing community projects on public land. The City has a set of 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds'. Within this "policies" document are guidelines for how funds in the LPP Trust Fund should be used, including: • Common Council may set the maximum LPP expenditure for the year. • Applications from community groups for LPP funds will be reviewed twice per year, in May and November. The deadlines for receipt of applications will be April 30 and October 31. • Applications for playground funding will be assessed on whether the playground will serve a local, community, or city (Regional) population. The classification system will be based on the guidelines and inventory of the Park Classification system of the City of Saint John Recreation and Open Space Strategy (PlaySJ). • The maximum eligible funding from the LPP Trust Fund for playground projects will be based on the park classification, and will be limited to local - $5000, community - $10,000, and city or regional - $50,000. The funding limit is inclusive of all phases of a project. • LPP funds shall not exceed more than 50% of the project cost. • When considering monies and in -kind contributions that the community contributes to a project as matching funds, any monies from other government sources is to be excluded. • Preference will be given to playgrounds developed at public schools. • Developments must provide barrier -free access to some of the facility. • Preference will be given to new developments, and especially in areas where there is a lack of recreation facilities. • Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. • Projects must comply with the Community Planning Act definition of Land for Public Purposes. 37 am In addition to the above guidelines, City staff recommend the addition of a guideline that allows special projects considered to be at the local or community level to receive funding that exceeds the respective limits for traditional projects in those categories, but for funding not to exceed the maximum funding amount of $50,000 associated with projects deemed to be in the regional category. These special projects would be those identified by City staff to be supportive of new or emerging sports (or other recreational activities), with the understanding that support of such activities contributes to the overall growth and vibrancy of Saint John. The potential for future economic contributions through tourism, as well as for the attraction and retention of residents, would factor into the reasoning for staff recommendations. It should be noted that a full review of the 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds' will be conducted by City staff at a future date, with the potential for further recommendations for updates to subsequently be brought forth to Council. For the current review period (November 1, 2020- April 30, 2021), two (2) requests for LPP funding were received. Staff reviewed each of these requests and provide the following context that guided staff's recommendations to Council (a summary table is included with this report as an Appendix): 1. $50,000 in funding was requested for the Overhaul of Forest Hills Pickleball Courts project. The applicants indicated $137,701 as the total estimated cost for the project. In accordance with funding guidelines, should this recommendation be approved by Council, the applicants would be required to raise a minimum of 50% of the total project costs prior to the City issuing funding. This project seeks to provide eight (8) proper, dedicated playing courts for pickleball, of which there are currently none in the city. Pickleball is a growing sport across Canada and this project will no doubt increase its popularity within the region. These courts would also have the potential to host large tournaments, which would provide tourism benefits. Providing a dedicated space for pickleball will also diminish the reliance on other tennis courts in the community where pickleball has been IN -4- played in the past, thus offering more time for tennis players to utilize existing courts. Although this request would traditionally fall within the community category in terms of funding, staff recommend this be considered as a special project, in that it is supportive of an emerging sport contributing to the growth and vibrancy of Saint John. As such, staff recommend $40,000 in funding be allocated for this project. The applicants had proposed lighting of the courts as part of their project submission; however, it should be noted that the area of the courts would be considered as part of an overall review of the lighting for the Forest Hills complex, which the City will conduct at a future date. It should be noted that City staff would review the renovated facilities upon completion of the project to determine any booking fees that would be required to offset the long-term costs associated with the City's maintenance and operation of the courts. Such fees would be in alignment with existing Recreation Subsidization Policies based on a cost - recovery model and would be brought forth to Council for approval prior to implementation. 2. $9,986.60 in funding was requested for the installation of a Montgomery Crescent Park Rain Garden. The applicants indicated $27,631 as the total estimated cost for the project and noted that ACAP (Atlantic Coastal Action Program) Saint John will contribute funds awarded through New Brunswick's Environmental Trust Fund to assist with project costs. As with the aforementioned project and in accordance with funding guidelines, should this recommendation be approved by Council, the applicants would be required to raise a minimum of 50% of the total project costs prior to the City issuing funding. With the implementation of this project, this park would remain as an existing low maintenance park; however, it would have gardens that would prevent flooding and foster ecology of native species in the park. The project is supported by ACAP Saint John as part of their 'North End Neighbourhood Climate Change Adaptation Plan' and, also, as part of 'ACAP Saint John's Newman's Brook Watershed Management Plan'. The gardens are intended to take strain off existing storm water infrastructure and protect surrounding homes from backyard and basement flooding. 39 -5- Staff recommends $5,000 in funding be allocated for this project. This is the maximum eligible funding from the LPP Trust Fund for local projects, according to the City document 'Policies for the Acceptance of Land for Public Purposes and Use of LPP Funds'. STRATEGIC ALIGNMENT The projects being recommended within this report to receive funding align with the priorities of investment in recreation, support of priority neighbourhoods, and developing partnerships for service delivery. SERVICE AND FINANCIAL OUTCOMES As of April 30, 2021, the balance in the LPP Trust Fund was $266,177. It should be noted there was an amount of $30,000 in the Land for Public Purpose Fund that was earmarked in 1986 for road repairs to Ragged Point Road. As confirmed by Commissioner of Public Works and Transportation, Michael Hugenholtz, in the letter accompanying this report as an attachment, repairs to Ragged Point Road and any other public street in the City of Saint John are funded through the City's Surface Maintenance budget; therefore, any restrictions on this amount can be removed. This allows the full balance of the LPP Trust Fund to be available for future projects, including those recommended to receive funding in this report. Staff recommends a total of $45,000 be allocated for the projects recommended in this report. Approval of these funding recommendations would leave a balance in the LPP Trust Fund of $221,177 to be held for future projects. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was received from City staff in Planning, Community Services, Finance, Parks and Recreation, Public Works and Transportation, and General Counsel. ATTACHMENTS Appendix —Summary Table of Applications Received Attachment — Letter re: Ragged Point Road - March 3, 2021 .m -6- APPENDIX SUMMARY TABLE OF LPP TRUST FUND APPLICATIONS RECEIVED (November 1, 2020 — April 30, 2021) Project Amount Requested Amount Recommended 1. Overhaul of Forest Hills Pickleball Courts $50,000.00 $40,000.00 2. Montgomery Crescent Park Rain Garden $9,986.60 $5,000.00 Total $59,986.60 $45,000.00 41 The City of Saint John March 3, 2021 Growth & Community Services City of Saint John Attention: Emilie Murphy I understand that there is an amount of $30,000 in the Land for Public Purposes fund that is earmarked for road repairs to Ragged Point Road. While the of the circumstances of this allocation is unclear, I can confirm that it is no longer necessary. Repairs to Ragged Point Road and any other public street in the City of Saint John are funded through our Surface Maintenance budget. Streets are assessed on an annual basis and appropriate repairs planned accordingly. I therefore recommend that any restrictions on this amount be removed, and it be used to fund community improvements that are in line with the terms of reference in the policy. Should you have any questions about the above, please do not hesitate to contact me directly. Regards, Michael H enholtz, P. Commissioner, } Public Works & Traws drtation City of Saint John P- SAINT JOHN P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N.-B. Canada E2L 40 Canada E2L 4L1 www.saintjohn.ca 42 Saint John Parking Commission Commission sur le stationnement de Saint John July 5, 2021 Jonathan Taylor Common Clerk City of Saint John 8rh Floor, City Hall SaintJohn, NB Dear Mr. Taylor, SAINT JOHN TRANSIT RE: Appointment of Austin Proctor, Badge No. 9983 Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting thatthe following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Austin Proctor, Badge No. 9983. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointmentis rescinded by Common Council, whichever comes first." You rs tru ly, t. - 00 Vo\w Marc Dionne General Manager SaintJohn Transit& Parking Commission 11 th Floor, City Hall, P.O. Box 1971, Saint John, N.B. E21L 41-1 - Tel: (506) 632-7275 • E-mail: parking@saintjohn.ca 11 ieme Etage, Hotel de Ville, C.P.1971, Saint John, N.-B. E2L 40 •Tel: (506) 632-7275 • Courriel: parking@saintjohn.ca www.saintj68n.ca/park!ng Q�T= �i -1 COUNCIL REPORT M&C No. 2021-202 Report Date July 07, 2021 Meeting Date July 12, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Patio Licence for Market Square Boardwalk OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/ Dept. Head City Manager Curtis Langille Melanie Tompkins I John Collin ;7��r•1uIu7�►�►�7- rrr•�►�i 1. That The City of Saint John enter into the Licence agreement with The Hardman Group Limited as attached (M&C #2021-202); and further 2. That the Mayor and City Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY The three (3) year patio licence for the patios on the Market Square Boardwalk, between The City of Saint John (the "City") and The Hardman Group Limited ("Hardman") expired at the end of 2020. At this time a one-year renewal license (the "Licence") is being proposed. This Licence will be in effect to the end of this year with an early termination clause, to permit termination by either party prior to the end of the year. Envision Saint John: The Regional Growth Agency ("Envision") has informed all parties to the Licence that termination and removal of the patios is expected sometime early this Fall, to proceed with planned infrastructure redevelopment for Loyalist Plaza and the Boardwalk area. In light of the fact that COVID-19 is projected to remain a complicating factor in food service, Hardman has requested to once again allow for the temporary tables and chairs to be extended onto Pat Rocca Way to provide for safe distancing without materially impacting dine -in numbers. A reduced fee of $4,500.00 for this shortened season is included in the attached Licence. PREVIOUS RESOLUTION Common Council at its meeting of June 18, 2018 (M&C #2018-186) resolved to enter into a Licence agreement with The Hardman Group Limited for the placement of patios on the Market Squprre Boardwalk. On June 22, 2020 (M&C -2- #2020-161), Council amended the aforementioned agreement to allow for the remainder of the term of the contract that the licensed outdoor patios would occupy the entire width of what is commonly known as Pat Rocca Way. STRATEGIC ALIGNMENT Providing for entrepreneurial opportunities in the City's Uptown core aids in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT In 1987, the City granted a licence to operate seasonal patios for the tenants of Hardman on land owned by the City. In 2018, the City entered into a three-year licence agreement for the placement of the patios that ended on December 31, 2020. The three (3) year patio licence for the patios on the Market Square Boardwalk, between the City and Hardman, expired at the end of 2020. At this time, a one- year renewal Licence is being proposed. This Licence will be in effect to the end of this year with an early termination clause to permit termination by either party prior to the end of the year. Envision Saint John: The Regional Growth Agency ("Envision") has informed all parties to the Licence that termination and removal of the patios is expected sometime early this Fall, to proceed with planned infrastructure redevelopment for Loyalist Plaza and the Boardwalk area. Although it was the intention to incorporate the renewal Licence for the patios into the licence with the stage/washroom on the Boardwalk, the flexibility required to accommodate upcoming infrastructure renewal work and the greater Fundy Quay project led to a decision to keep the two licences separate. As noted above, the tenants of the outdoor patios situated along the Market Square Boardwalk have requested to allow their patios to extend the full width of what is commonly referred to as Pat Rocca Way. This is the "travelled" portion of roadway between the patios and the stage area. This is not a public street, but has been named such for emergency services purposes. The reason for this request by Hardman is to accommodate safe distancing without materially impacting dine -in numbers, in compliance with anticipated Covid-19 regulations during the term of the Licence. Last year, the City's Fire Department had good discussions with Hardman's tenants along the Boardwalk and they reached an agreement on the proposed expansion of the patio areas during these COVID times to ensure the safety of the patrons and structures along this section of the Market Square Boardwalk. Staff consulted with the Fire Department to determine whether issues arose last year and understand that there was good cooperation re the Fire Department 45 am requirements. In order to ensure safety, the Licence provides for compliance with the direction of the Saint John Fire Chief and other authorized parties. The rent included in the last year of the three-year agreement was $9,000.00. With the ongoing COVID-19 issues and evident reduction in restaurant business, along with the impending requirement to have the patios removed that will also result in a shortened season for these tenants, City staff are recommending a reduction in the licence fee for this season. Staff and Hardman, along with NMWCA, are in agreement with a reduced fee of $4,500.00 for this shortened season. Other than the reduced fee and the permission for patios to extend as proposed for the term of this Licence, as discussed above, all of the remaining terms and conditions contained in this Licence agreement remain unchanged. The recommendation above is made to Common Council, in order to offer enjoyable outdoor dining experiences in the City, while facilitating the operation by Hardman and its tenants of outdoor patios as proposed during a prolonged period of challenging logistics and revenues in the foodservice industry. SERVICE AND FINANCIAL OUTCOMES This Licence Agreement provides for a fee of $4,500.00 for this shortened season. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Several City departments were engaged in the preparation of the original Licence for this facility, including: Growth and Community Services, Utilities and Infrastructure Services, the Parks division of Public Works and Transportation Services and the General Counsel Office. The Fire Department also provided input again for the recommended renewal. Envision has provided context surrounding the length of the term of the Licence. General Counsel Office has reviewed the recommendation and input has been received pertaining to the Licence. ATTACHMENT Licence Agreement M THIS LICENCE made this day of 2021 BY AND BETWEEN: THE CITY OF SAINT JOHN, of the County of Saint John and the Province of New Brunswick, a body corporate (hereinafter called the "City") OF THE FIRST PART -and- THE HARDMAN GROUP LIMITED, of the City of Halifax, Province of Nova Scotia, a body corporate (hereinafter called "Market Square") OF THE SECOND PART WHEREAS Market Square is the assignee and present lessee under a certain lease dated as of the 14t" day of October 1980 entered into by The Market Square Corporation, as lessor, The Rocca Group Limited, as lessee, and the City, as amended (hereinafter referred to as the "Head Lease"); AND WHEREAS the City is the owner of the lands shown outlined in red on Schedule "A" annexed hereto and forming a part hereof (hereinafter called the "Licensed Premises"); AND WHEREAS Market Square has asked for a licence from the City to use the Licensed Premises for outdoor cafes; AND WHEREAS the City agrees to grant such a licence upon the terms and conditions herein contained: THE CITY HEREBY GRANTS, subject to the terms, conditions and provisions herein contained, to Market Square, its servants, agents, employees and invitees exclusive permission and license to enter upon, use and exit from the Licensed Premises for the purpose of operating outdoor cafes, as well as undertaking any activities reasonably and necessarily incidental thereto; provided that: 1. The term of the licence (the "Licence") shall be from January 1, 2021 to December 31, 2021 inclusive (the "Term"). 2. The Licence fee shall be paid to the City on July 14, 2021 in the amount of $4,500.00 (Cdn.) plus HST. 3. Subject to the provisions of Paragraph 15 hereof, Market Square shall at all times during the Term and at its own expense maintain the Licensed Premises in such order, condition 47 N and state of repair as would a prudent owner, such maintenance to be to the satisfaction of the City. Market Square shall permit the City, its servants, agents and employees at all reasonable times for the Term to enter upon the Licensed Premises for the purpose of inspecting the state of repair or making such repairs as the City may, from time to time, consider necessary and to be the responsibility of Market Square, such repairs by the City are to the account of Market Square and shall be paid forthwith. 4. Market Square shall use the Licensed Premises as an outdoor cafe area together with any activity reasonably and necessarily incidental thereto and for no other purpose. 5. Market Square shall maintain the Licensed Premises at all times secure from unauthorized use and occupation. 6. Market Square shall conduct its business in and use the Licensed Premises in a reputable manner, any business practice which in the opinion of the City may harm the reputation of the City or reflect unfavourably on the City, or which may confuse, mislead or deceive the public shall immediately be discontinued by Market Square at the request of the City. 7. Market Square shall accept the premises on an "as -is" basis and shall be responsible for all maintenance and repair of the Licensed Premises. 8. Market Square shall not, without the prior written consent of the Energy Manager of the City (or such position as may be substituted in lieu thereof), place any erections, additions or improvements upon the Licensed Premises, or alter the structure of the Licensed Premises or any part thereof in any manner or fashion. 9. (a) Market Square shall, at no expense to the City, obtain and maintain in full force and effect during the Term, a Commercial General Liability Insurance policy with policy limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; (b) Market Square shall, on or before July 14, 2021 submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at Paragraph 9(a) hereof. 10. Notwithstanding the provisions of Paragraph 9 hereof, Market Square does hereby indemnify and save harmless the City from all damages, claims, demands, actions, suits or other proceedings from whomsoever made, brought or prosecuted in any manner as a result of injury, death or property damage occurring in, or arising in connection with the exercise of the Licence herein granted, save and except those attributable to the negligence of the City, its servants, employees and agents. 11. (a) Market Square shall ensure that no claims for mechanics' liens pursuant to the Mechanics' Lien Act (New Brunswick) are filed in the Saint John County Registry Office/New Brunswick Land Titles Office (Saint John) which will affect in any way the Licensed Premises. (b) Notwithstanding the provisions of Paragraph 11(a) Market Square does hereby indemnify and save harmless the City from all damages, claims, demands, actions, suits or other proceedings made brought or prosecuted in any manner pursuant to the Mechanics' Lien Act (New Brunswick) that are attributable to the use and occupation of the Licensed Premises by Market Square. 12. Market Square shall promptly comply with and conform to the requirements of every federal and provincial statute, rule, regulation and ordinance and every municipal by-law, rule, regulation, order and ordinance at any time or from time to time in force affecting the use and occupation of the Licensed Premises or any part thereof by Market Square. 13. Market Square shall not, without the written consent of the City, which consent shall not be unreasonably withheld, assign or transfer or otherwise by any act or deed cause or permit the benefit of the licence herein granted or any part thereof to be assigned or transferred unto any person or persons whosoever other than a person who is a lessee under the Head Lease aforesaid and who covenants with the City to perform all obligations of Market Square as herein stated, and further the City expressly prohibits sub -licensing and Market Square agrees not to sub -license or to make any assignment which may be construed as a sub -license. Notwithstanding the foregoing provisions of this Paragraph, Market Square may by sub -license or otherwise by any act or deed cause or permit the benefit of the Licence or any part thereof to be enjoyed by any person who is a tenant of Market Square from time to time in the Existing Buildings, as that term is defined and used in the Head Lease. 14. In the event that the rights of an assignee or transferee of Market Square under this Licence are at any time seized or taken in execution or attachment by a creditor of an assignee or transferee of Market Square, or such assignee or transferee of Market Square makes an assignment for the benefit of creditors, becomes bankrupt or insolvent or takes the benefit of any statute that may be enforced for bankrupt or insolvent debtors, then this Licence and Term shall become forfeited and void. 15. This Licence may be terminated at any time by either party giving fifteen (15) days' written notice one to the other or forthwith by the City for sustained failure by Market Square, following direction from the Fire Chief, to comply with Paragraphs 17 and 18. Notice to the City shall be to the City Clerk by email at cityclerk(a)-saintiohn.ca. and to Market Square by email at info(a)-hardmangroup.ca. 16. The City retains the right to enter upon the Licensed Premises at any time and from time to time to perform at the City's expense, any work normally appropriate in respect of "public" property and to enter upon, dig up, inspect, maintain, replace, renew and repair any and all utilities thereon, therein and thereunder including, but not limited to, sewer and water pipes. Provided that the City shall use its best efforts to carry out such work expeditiously and, where possible, during those periods of the year when the Licensed Premises are not in active use (i.e., the months of June to October inclusive) and shall restore the Licensed Premises to their original condition (pre-1987) immediately upon completion of any such work. 4 17. Market Square shall ensure that the access between St. Patrick Street and the Hilton Hotel, now called "Pat Rocca Way", be kept clear of all obstacles and encroachments outside of business hours and shall promptly follow all direction of the Fire Chief, City staff, and their agents in this regard. 18. Notwithstanding Paragraph 17 above, for the Term of this Licence the outdoor patios may occupy the entire width of what is commonly known as Pat Rocca Way and Market Square shall develop an emergency plan with and to the satisfaction of the Chief of the City's Fire Department, for the clearing of "Pat Rocca Way" during such times as the Fire Chief may from time to time require. 19. Upon the termination of this Licence, Market Square shall forthwith remove any and all chattels situate on the Licensed Premises and leave the Licensed Premises in a good and tidy state subject to normal wear and tear. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: THE CITY OF SAINT JOHN Mayor City Clerk Common Council Resolution: THE HARDMAN GROUP LIMITED Per: And: Schedule "A" 50 5 Licensed Premises 1 16 The Licensed Premises shall for the term of this Agreement include the area outlined in red and also the lands known as Pat Rocca Way immediately adjacent to the area outlined in red above. 51 COUNCIL REPORT M&C No. 2021-203 Report Date July 07, 2021 Meeting Date July 12, 2021 Service Area Corporate Services Her Worship Noade Reardon and Members of Common Council SUBJECT: CentralSquare Technologies Terms for Script Development OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Sarah Ranson Stephanie Rackley-Roach Kevin Fudge John Collin RECOMMENDATION The City Manager recommends that the Mayor and City Clerk be authorized to execute the CentralSquare Technologies, LLC Terms for development services and all documents ancillary thereto. EXECUTIVE SUMMARY Saint John Water is implementing Sensus U.S.A's analytics software for water meter data collection, including billing. The script being developed by CentralSquare Technologies, LLC ("CentralSquare") will enable automatic data entry for water bills, at a cost of $9800.00 plus HST. PREVIOUS RESOLUTION On January 112021, that as recommended by the City Manager in the submitted report M&C 2021- 001: Advance Infrastructure Upgrade, the City enter into a 5- year Software -As -A -Service Agreement with Sensus USA Inc. for the purpose of accessing and using its software in the form attached to M&C 2021-001 and that the Mayor and City Clerk be authorized to execute the necessary contract documents. REPORT The water billing process is being restored following the cyberattack. Sensus analytics is the software that manages the data collected from water meters. A 52 IRAN script is a customized interface that moves data from one data source to another. A script must be developed to transfer water consumption data from Sensus analytics to the utilities billing application in Naviline. CentralSquare, the enterprise system vendor who supports the utilities billing application, will be required to develop the script. When the script is in place, water consumption information from Sensus can be uploaded to the billing application to generate water bills automatically. As a workaround, staff have been entering this information manually since the cyberattack from an electronic datafile provided by Sensus Analytics. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City supports efficiencies through technical innovation. The script will save manual data entry completed by staff. The Sensus analytics system provides staff with improved data analysis for managing water meters. SERVICE AND FINANCIAL OUTCOMES The script will be developed by CentralSquare for $9800.00, which will be paid from the Saint John Water operating budget. IIPIl►jrd:Z�1�TL�Jr�C1�: 1:70-1ME ►VIDA141Tki :C#]1197-1:J<1 The General Counsel Office has reviewed the CentralSquare terms and is supportive of the recommendation. Supply Chain Management has been consulted and is supportive of the recommendation above. ATTACHMENTS CentralSquare Terms 53 OF ; CENTRALSQUARE Quote #: Q-55494 Primary Quoted Solution: NaviLine PA Quote expires on: September 15, 2021 Quote prepared on: June 21, 2021 Quote prepared by: Jakea Simons jakea.simons@centralsquare.com Quote prepared for: Dawn Lymburner City of Saint John P.O. Box 1971 Saint John, NB E2L 41-1 (506) 658-2833 Thank you for your interest in CentralSquare. CentralSquare provides software that owers over 8,000 communities. More about our products can be found at www.centralsquare.com. WHAT SERVICES A UD DESCRIPTION Public Administration Development Services - Fixed Fee Public Administration Project Management Services - Fixed Fee Services Total QUOTE SUMMARY VITI: F-A IF-11 N 40 9: 1:8 :1*9111 N NILl a4* 311 TYPE FIRST YEAR MAINTENANCE TOTAL Services Subtotal Quote Total TOTAL 8,820.00 980.00 9,800.00 CAD 9,800.00 CAD 9,800.00 CAD AMOUNT M MORE INFORMATION AT CENTRALSQUARE.COM 54 CENTRALSQUARE FIRST YEAR SUBSCRIPTION TOTAL Quote prepared on: June 21, 2021 Quote prepared by: Jakea Simons jakea.simons@centralsquare.com M The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement. BILLING INFORMATION Fees will be payable within 30 days of invoicing. Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only. The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above. Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice. For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form. PAYMENT TERMS License Fees & Annual Subscriptions - 100% Due Upon Contract Execution Contract Startup - 100% Due Upon Contract Execution Hardware & Third -Party Software - 100% Due Upon Contract Execution Services - Fixed Fee: 100% Due Upon Completion - Time & Material: Due as Incurred Third -Party Services - Fixed Fee: 50% Due Upon Contract Execution; 50% Due Upon Completion Travel & Living Expenses - Due as Incurred MORE INFORMATION AT CENTRALSQUARE.COM 55 OF ; CENTRALSQUARE PURCHASE ORDER INFORMATION Quote prepared on: June 21, 2021 Quote prepared by: Jakea Simons jakea.simons@centralsquare.com Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ] Customer's purchase order terms will be governed by the parties' existing mutually executed agreement, or in the absence of such, are void and will have no legal effect. PO Number: Initials: MORE INFORMATION AT CENTRALSQUARE.COM 56 2021-07-08 Integrated Health Initiative Many years in the planning, the Integrated Health Initiative (IHI) is built on a long-time focus on health on Tucker Park: 1.Saint John Regional Hospital 2. UNB Saint John campus 3. Dalhousie Medicine New Brunswick 4. NBCC Allied Health UNIVERSITYOF NEW BRUNSWICK 57 2021-07-08 Integrated Health Initiative Many years in the planning, the Integrated Health Initiative (IHI) is built on five ambitious pillars: 1.Interdisciplinary Health Education 2.Integrated and Collaborative Health Research 3.Technical and Social Innovation 4. Knowledge Transfer and Commercialization 5. Health and Social Innovation Centre Interdisciplinary Approach Reforming Health Care Engaging Partners in Meaningful Collaborations Ground -breaking Solutions Cutting -edge Discoveries UNIVERSITY OF NEW BRUNSWICK Integrated Health Initiative - Economic Outcomes Significant economic impact (over initial 8 years) • UNB enrolment growth by 500 additional students in Saint John. • UNB employment growth of $40M in payroll for faculty, staff, researcher, students. • UNB health research funding growth of additional $4.5M a year through new research funding on top oftoday's $1.6 Mio. Significant impact on reputation as a leader in Health Innovation • Building on the strengths of UNB's two campuses, establish Saint John as a globally significant location for health research and innovation. • Create a hub where public and private partners engage with entrepreneurial students and researchers to spin off new businesses, products and services. • Collecting relevant data that empower provincial government to engage in evidence -informed policy reform in health and social services. • Educate forward -thinking, professional health-care administrators working in a variety of settings and greater awareness of the various dimensions of wellness. 4 UNIVERSITY OF NEW BRUNSWICK 4 58 2 2021-07-08 5 :7 Integrated Health Initiative - Outcomes Significant outcomes • Creating a national Centre of Excellence in Health. • Developing better health care for families with efficient and high - quality service. • Ensuring better use of the provincial health care funding. • Contributing to reform and innovation, resilience, and transformative change. • Growing population and attracting HQP. • Empowering existing networks and building new innovation ecosystems. Significant contributions to the Government of NB's key priorities • Dependable Public Health Care • World -class Education • Energized Private Sector • Vibrant and Sustainable Communities 5 UNIVERSITY OF NEW BRUNSWICK Interdisciplinary Health Education Bachelor of Health Extracurricular Masters in Health Masters of Business Three majors: Certificate in Health Interdisciplinary Administration Society and Health and Wellness graduate programs: Course -based, one-year Management in Enrichment program Healthy Community, MBA with specialization Health featuring experiential Management in in Management in Biomedical Sciences learning Health, Health Policy, Health and Health Biomedical Sciences 6 UNIVERSITY OF NEW BRUNSWICK 59 3 2021-07-08 Institute for Integrated Health Research Innovation, Evidence -based Public Policy, Product Development and New Business Ventures Innovation of regional and national importance Interdisciplinary and collaborative research units Complementary research programs Increased knowledge economy Improved services for every citizen New Health Research Clusters: Digital Health Child Rights for Child Health Public Health and Health Policy Management in Health Aging in the Community Dr. Shelley Doucet Jarislowsky Chair in Interprofessional Patient -Centred Care Dr. Tony Reiman Canadian Cancer Society Research Chair UNIVERSITY OF NEW BRUNSWICK I Technical and Social Innovation Innovation, Evidence -based Public Policy, Product Development and New Business Ventures • Create a hub where public and private partnerships engage entrepreneurial students and researchers to spinoff new businesses, products and services. • Increase New Brunswick's GDP • Succeed in the marketplace with special emphasis on social innovation, strengthening civil society and improving mental health. • Prioritize social science research and community engagement to reduce social conditions such as poverty, illiteracy and substance dependency • Promise Partnership • Urban and Community Studies Institute • Partnership with Living SJ (Poverty Action Lab) • Find effective ways to address health outcomes and health services and increase economic productivity. UNIVERSITYOF NEW BRUNSWICK I.- 60 4 2021-07-08 Knowledge Transfer and Commercialization Innovation, Evidence -based Public Policy, Product Development and New Business Ventures The Health and Technology District Saint John in collaboration with ONB and the Lark Group o We will create a vibrant ecosystem of innovators and entrepreneurs working alongside scientists, clinicians, health care providers from a variety of technologies and research fields. o UNB together with the Lark Group and Opportunities New Brunswick will build the Health and Technology District Saint John on the UNB Saint John campus. o We will build a continuum from UNB's Innovation Hub to practical applications and commercialization of new approaches and innovations. UNIVERSITYOF NEW BRUNSWICK Knowledge Transfer and Commercialization Innovation, Evidence -based Public Policy, Product Development and New Business Ventures The Health and Technology District Saint John • Phase 1: $30 million private -sector investment for 75,000-square- foot building projected to attract approx. 30 new businesses, create up to 1,000 new jobs and bring $50 million annually to the Saint John regional economy. • Phases 2 & 3: $70 million investment providing exceptional space for additional businesses creating up to 2,500 jobs and adding another $100 million annually to the economy. With the powerful synergy between the Health and Technology District Saint John and UNB's Integrated Health Initiative, Saint John has the opportunity to become a national centre of unparalleled excellence, leading the way in health and social innovation. UNIVERSITYOF NEW BRUNSWICK 10 I 61 5 61 5 2021-07-08 Health and Social Innovation Centre UNB Saint John's Dynamic Centre for Education, Research, and Innovation State-of-the-art, purpose-built facility necessary to • attract students and world -class researchers to Saint John • ignite innovation, reflection, community engagement and entrepreneurship • foster collaboration with partner institutions, community, the private sector and industry • provide experiential education opportunities for students through the Innovation Hub An Exceptional Investment I in the Future of New Brunswick, enabling transformational change in the Health Sector UNIVERSITYOF NEW BRUNSWICK 11 Health and Social Innovation Centre m m IF 'MM ]POSER :" Space for collaboration, innovation, community engagement and entrepreneurship UNIVERSITYOF NEW BRUNSWICK 12 Indigenous Healing Garden 62 M. 2021-07-08 Health and Social Innovation Centre - Economic Impact Construction The 65,000-square-foot, three and a half -story structure will be located on the site of the former Ward Chipman Library. It will be connected by walking paths, a tunnel system, and a ring road. Immediate economic stimulus to the New Brunswick design and construction industry. Delivery through a construction management approach; with a total project cost of $38,000,000. Estimated generation of a total of 307 direct and 93 indirect jobs throughout the construction process. This project of $38 million is estimated to initiate approx. $68 million in added gross output. UNIVERSITY OF NEW BRUNSWICK 13 Integrated Health Initiative -Transformational Investment $76 Million Transformational Investment Health and Social Innovation Centre: $38,000,000 Delivery through a construction management approach anticipated to be shared by LINB, the Government of New Brunswick and the Government of Canada. Interdisciplinary Health Education: $12,000,000 Scholarships and bursaries Extra -curricular certificate Health and Technology District Saint John (Phase 1): $30,000,000 Vibrant ecosystem for digital health, health and technology Private -sector investment to construct 75,000 square -foot building Integrated and Collaborative Health Research: $26,000,000 5 Research Chairs Early Stage Health Innovation Research Fund UNIVERSITYOF NEW BRUNSWICK 14 63 7 2021-07-08 Integrated Health Initiative -Transformational Investment $106 Million Transformational Investment Funding Sources: Provincial Government (-11 %): $12,000,000 Federal Government (-11 %): $12,000,000 Private Sector (-28%): $30,000,000 UNB and Partners (-50%): $52,000,000 UNIVERSITY OF NEW BRUNSWICK 15 Integrated Health Initiative - Taking Action How can we work together to seize this opportunity for Saint John? Institutional UNB has established IHI as a high institutional priority, with new programs, Chairs, and related fundraising. Students: IHI is experiencing high levels of interest and is poised for enrolment growth. Private Secto. IHI collaborative partners and investments are positioned to foster sustained economic development in Saint John. Governmen IHI is under consideration for federal and provincial investment, with an emphasis on the Health and Social Innovation Centre. Our Call to Action: Common Council can help others to understand IHI as a high-level community priority, reflecting the impact of IHI as a national centre of excellence and its role in the economic vitality of our region. UNIVERSITYOF NEW BRUNSWICK 16 64 8 n 11 7 �• ` ,f - tr jr� prim I n� Now 1 4 1 go -j 0. 00�1 Sea Street / Woodville Road Growth & Community Services Common Council Presentation 65 2021 July 12 SAINT JOHN Doti . 4H NM I rcOrr evompm W 5 rFIWTIP"JM T 066w Proposal :■:�:■::■l:lIII IIFmm :_■ I M� tllliall I f }I' 13 IJ� B�� P.K F - r 11 lil; Ii3 3 ' EL_ } L i -- --- ~ mm� `L — PUAM STREET �LJ"y-�.� � � h La J I _ W J• 7 i _- 1 k v44xT��:q li23 ^f + I :170 -, S CEIRAMWAM I I. -- 68 �� MW �0 i9A Dag M m u wn .■ ... ... (p4---- SAINT JOHN Site & Neighbourhood 5 _ ML • 1 y dA. 1 1 ' y 7 •1'F{ -l� � r • 'F l dp a e �..i ��;�• y _ � - c• � , .t � �. ter:.• �+.�_. -- �,�.��•. �' IL dMpi— .. f •7 l �. • 11 I r ~ - �" s ray rt - �= ` ' ,• - w}� •. Municipal Plan 1 • Stable Residential • Density within Low Density Residential range and density of surrounding neighbourhood • Site can be serviced and is near transit and schools • Additional housing form on an infill site • Integrates Community Facility into neighbourhood X 72 n65-- SAINT JOHN Opp�r. f � 4 Ir14, I I I • Rezoning • 0.38 hectares from Two -Unit Dwelling (R2) to Neighbourhood Community Facility (CFN) • 0.14 hectares from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL) • 1.79-hectares from Two -Unit Dwelling (R2) to Low Rise Residential (RL) • Variances required for yard and parking setbacks • Existing Section 59 condition — landscaping plan for special care home development 11 74 n65-- SAINT JOHN • Boundary adjustment for special care home lot • Townhouse Development 12 • New Public Street and lots • City / Developer Subdivision Agreement • Money -in -lieu of LPP • Variance for cul-de-sac length • Street Naming • Fence along rail yard boundary 75 n65-- SAINT JOHN Engagement • Letters sent to all proper�ty owners within 100 metres of the subject property on May 5 • Public notice posted on the City's website on June 18 • 10 letters and a -mails received from public. • Appearances at PAC Meeting • 2 area residents — concerns included lighting and landscaping Staff Recommendation Rezone land as follows: 0.38 hectares, located ad'acent to 489 Sea Street also identified as a portion of PID Number 00471557 from Two - Unit Residentil R2 to Neighbourhood Community Facility (CFN) ( ) g Y Y 0.14 hectares, located at 489 Sea Street also identified as a gtion of PID Number 00385781, from Neighbourhood mmunit Facility CFN to Low Rise Residential RL Y Y( ) ( ) 1.79 hectares, located at 0 Woodville Road also identified as PID Number 00394973 and a portion of PID Number 00471557, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL) Staff Recommendation • Rezoneland • Rescind existing condition on area and impose the following to be zoned CFN: • Landscaping plan • Detailed site and building plans V70",4� -.64 CFN zoned on new area Staff Recommendation Grant required Subdivision Approvals: • Assent to Public Street • Money -in -lieu of LPP • City / Developer Subdivision Agreement • Committee approval of street name "McCode Drive" PAC Recommendation • Amended Staff Recommendation • Additional Section 59 condition requiring phasing plan for townhouse development • Additional detail related to requirements of landscaping for special care home area • Typographical edit related to the 1.79-hectare area being rezoned PAC Recommendation • Discussion around trails in area • Committee recommended the City Manager direct Staff to review the following: • Implementation timeline for the Neighbourhood Connector recommended for the area in the Trails and Bikeways Master Plan; • Potential for the development of off-street trails in the area; and • Potential to designate expenditure of money in lieu of Lands for Public Purposes to be spent in the vicinity of the site PAC Recommendation - Follow Up Neighbourhood Connector • This recommendation will be forwarded to MoveSJ team for incorporation into the implementation of the Cycling, Sidewalk infill and Road Safety Strategies Off Road Trails Challenges — lack of City -owned land, limited large-scale greenfield development. • This recommendation will be forwarded to MoveSJ team for incorporation into the implementation of the Active Transportation initiatives. • Recent changes to the Motor Vehicle Act (Ellen's law) provide additional safety for cyclists on City streets and Public Roadways. LPP Monies • The City intends to update its municipal policy that govern the LPP Trust Fund, and this recommendation will be forwarded to that exercise. Site & Neighbourhood 5 _ ML • 1 y dA. 1 1 ' y 7 •1'F{ -l� � r • 'F l dp a e �..i ��;�• y _ � - c• � , .t � �. ter:.• �+.�_. -- �,�.��•. �' IL dMpi— .. f •7 l �. • 11 I r ~ - �" s ray rt - �= ` ' ,• - w}� •. L �Z— • PLANNING ADVISORY COMMITTEE May 26, 2021 The City of Saint John Her Worship Mayor Donna Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning and Section 59 Amendment 489 Sea Street and 0 Woodville Road On April 19, 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 May 18, 2021 meeting. Mr. Matt Blain, of Hughes Surveys and Consultants, representing the proponent, appeared before the Committee and noted the proponent was in agreement with the Staff recommendation. Mr. Blain noted the community consultation that was undertaken for the project and that the applicant would be constructing a fence along the southern boundary of the site, adjacent to the rail yard, as required by the Subdivision By-law. Ms. Cara Cole and her daughter, both area residents, appeared before the Committee referencing concerns related to the proposed development as outlined in their letter sent to the Committee. Ms. Colleen Gallant, of Beaconsfield Avenue, appeared before the Committee and noted concerns with lighting from the existing special care home and proposed development. Mr. Blain and David Arseneau, the proponent, responded to questions from Committee members and issues raised by area residents related to the presence of walking trails on the site, traffic generated by the development, and heavy equipment owned by the developer which is currently parked on the development site. Mr. Arseneau noted the lighting was installed because of trespassing on the site and the heavy equipment on the site would be moved following the completion of the proposed development. Both Mr. Blain and Mr. Arseneau were in agreement of providing money -in -lieu of Land for Public Purposes in Page 1 of 4 84 Hughes Surveys and Consultants 489 Sea Street / 0 Woodville Road May 26, 2021 conjunction with the proposed subdivision, noting concerns with trespassing on the land related to the informal trail network. In response to questions from the Committee, Mark Reade, Senior Planner, noted the City's Trails and Bikeways Master Plan did not identify development of an off-street trail within the area of the development, instead proposing an on - street active transportation network that included Beaconsfield Avenue and Woodville Road. Mr. Reade also noted money -in -lieu of Land for Public Purposes is paid into an account that is used to develop parkland in the City and that monies are also available to community groups who are seeking to improve City parks. Mr. Reade noted areas for improved landscaping within the development were along the periphery of the special care home site and the provision of an amenity area for the special care home residents. No other persons appeared before the Committee and ten letters were received regarding the application. Following consideration of the presentations, letters, and Staff report, the Committee unanimously adopted an amended Staff Recommendation. The amended Staff Recommendation incorporated an additional Section 59 condition with respect to a phasing plan, a request that Staff review the provision of trail infrastructure in the area and a typographical correction to item 3 of the Staff recommendation. The Committee also approved the name "McCode Drive" for the proposed Public Street serving the townhouse development. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 0.38 hectares, located adjacent to 489 Sea Street also identified as a portion of PID Number 00471557, from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN). 2. That Common Council rezone a parcel of land having an area of approximately 0.14 hectares, located at 489 Sea Street also identified as a portion of PID Number 00385781, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL). 3. That Common Council rezone a parcel of land having an area of approximately 1.79 hectares, located at 0 Woodville Road also identified as PID Number 00394973 and a portion of PID Number 00471557, from Two -Unit Residential (R2) to Low Rise Residential (RL). Page 2 of 4 85 Hughes Surveys and Consultants 489 Sea Street / 0 Woodville Road May 26, 2021 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on September 13, 2010, rezoning of the parcel of land having an area of approximately 0.47 hectares, located at 489 Sea Street, also identified as PID Number 00385781. 5. 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 0.71 hectares, located at 489 Sea Street, also identified as a portion of PID Number 00385781 and a portion of PID number 00471557: a) That a detailed landscaping plan be prepared for the development by the proponent and submitted for the approval of the Development Officer. This plan is to detail landscaping within the following areas: • along the Sea Street Right of way • along boundaries with existing residential areas • along the boundary with the proposed town house development b) 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; and c) The above landscaping, elevation and site plans be attached to the permit application for the development of the parcel of land. 6. 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 0.71 hectares, located at 489 Sea Street, also identified as a portion of PID Number 00385781 and a portion of PID number 00471557: a) That a phasing plan for the proposed townhouse development be developed by the proponent for the approval of the Development Officer showing the area for the storage of materials and heavy equipment parking over the course of the construction of the proposed townhouse development. Page 3 of 4 86 Hughes Surveys and Consultants 489 Sea Street / 0 Woodville Road May 26, 2021 7. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted Sea Street Manor - Phase 3 - Proposed New Public Street Townhouse Development tentative plan, including any required Local Government Services Easements. 8. That Common Council accept money in -lieu of Land for Public Purposes dedication, for the LPP requirement, for the proposed Sea Street Manor - Phase 3-Proposed New Public Street Townhouse Development at 0 Woodville Road (PID 00394073 and 00471557 (portion)). 9. That Common Council authorize the preparation and execution of a City/ Developer Subdivision Agreement to ensure provision of the required work and facilities. 10. That the City Manager direct Staff to review the following: a) the recommendations of the Trails and Bikeways Master Plan for the area with respect to the implementation timeline of the proposed Neighbourhood Connector in the area of the development site; b) the potential for development of off-street trails in the area of the development, and c) the potential to designate the money in lieu of lands for Public Purposes from the proposed development to be spent in the general area of the site. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 4 of 4 87 HI The ON, ol' 5aim John Date: To: From: Meeting: RI IR_11=rT Applicant: Landowner: Location: .B Plan Designation: Existing Zoning: Proposed Zoning: Application Type: May 14, 2021 Planning Advisory Committee Growth & Community Services May 18, 2021 Hughes Surveys and Consultants on behalf of Sea Street Manor Ltd. Sea Street Manor Ltd., City of Saint John 489 Sea Street, 0 Woodville Road 00385781,00471557,00394973 Stable Residential Neighbourhood Community Facility (CFN), Two -Unit Residential (R2) Neighbourhood Community Facility (CFN), Low -Rise Residential (RL) Rezoning, Subdivision and Variances 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 June 28, 2021 or Monday, July 12, 2021 dependant on the Common Council orientation. Page 1 of 10 1 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of a public street and the acceptance of money in -lieu of Land for Public Purposes dedications. The Subdivision By-law authorizes the Planning Advisory Committee to grant approval to the names of Public Streets within a subdivision. EXECUTIVE SUMMARY The applicant has applied to rezone the site to facilitate the development of an additional special care home in the western portion of the site and a 33-unit townhouse development in the eastern portion of the site. Approval of the rezoning is recommended as the proposed density and building forms integrate well with the surrounding neighbourhood and conform to the policies established in the Municipal Plan. The special care home will have 18 residents with an anticipated 45 to 100 residents in the townhouse development. The required assents and authorizations related to the proposed residential subdivision are also recommended. These relate to money -in -lieu of Lands for Public Purposes, assent to a new Public Street, and authorization of a City -Developer Subdivision Agreement. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 0.38 hectares, located adjacent to 489 Sea Street also identified as a portion of PID Number 00471557, from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN). 2. That Common Council rezone a parcel of land having an area of approximately 0.14 hectares, located at 489 Sea Street also identified as a portion of PID Number 00385781, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL). 3. That Common Council rezone a parcel of land having an area of approximately 1.79 hectares, located at 0 Woodville Road also identified as PID Number 00394973 and a portion of PID Number 00471557, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL). 4. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on September 13, 2010, rezoning of the parcel of land having an area of approximately 0.47 hectares, located at 489 Sea Street, also identified as PID Number 00385781. Page 2 of 10 2 :• Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 5. 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 0.71 hectares, located at 489 Sea Street, also identified as a portion of PID Number 00385781 and a portion of PID number 00471557: a) That a detailed landscaping plan be prepared for the development by the proponent and submitted for the approval of the Development Officer. b) 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; and c) The above landscaping, elevation and site plans be attached to the permit application for the development of the parcel of land. 6. That Common Council assent to the submitted subdivision plan, in general accordance with the submitted Sea Street Manor - Phase 3 - Proposed New Public Street Townhouse Development tentative plan, including any required Local Government Services Easements. 7. That Common Council accept money in -lieu of Land for Public Purposes dedication, for the LPP requirement, for the proposed Sea Street Manor - Phase 3-Proposed New Public Street Townhouse Development at 0 Woodville Road (PID 00394073 and 00471557 (portion)). 8. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement to ensure provision of the required work and facilities. 9. That the Planning Advisory Committee approve the street name "McCode Drive". DECISION HISTORY A portion of the site (PID 00385781) was rezoned on September 13, 2010 from "Id" Light Industrial to "IL -I" Neighbourhood Institutional. The rezoning was subject to the condition that a detailed landscaping plan be prepared by the applicant and be subject to the approval of the Development Officer. In association with their consideration of the 2010 rezoning application at their meeting of August 24, 2010, the Planning Advisory Committee granted variances to: a. Reduce the minimum landscaped area from the required 3 metres from the proposed building in the rear yard of the subject site to zero in the parking area Page 3 of 10 3 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 abutting the proposed building in the rear yard, as indicated on the attached site plan; and b. Reduce the landscaping requirement from "all areas not developed for buildings, and parking areas", to the areas of the subject property impacted by the proposed development. Two Development Officer variances were also granted for the parcel of land at 489 Sea Street (PID 00385781): • On July 10, 2012, the Development Officer granted a variance to increase the maximum permitted lot occupancy from 20% to approximately 23.6% for the property. • On August 2, 2010, the Development Officer granted a variance to reduce the side yard setback from the northern property line to 6 metres, whereas the Zoning Bylaw required a minimum of 7.5 metres. ANALYSIS Proposal The landowner of the site operates the existing special care home located at 489 Sea Street and is proposing the construction of an additional special care home in the western portion of the site. The proposed special care home will provide level 2 care. This involves clients who may require some assistance or supervision with mobility and require more individualized assistance or supervision on a 24-hour basis with personal care and their activities of daily living. The applicant is also proposing a residential development in the eastern portion of the site involving a subdivision consisting of ten buildings containing a total of 33 townhouses served by a public street. Site and Neighbourhood The subject site is located between Sea Street and Woodville Road, south of Beaconsfield Avenue. The proposed development site has a special care home in the western portion of the site with the eastern portion of the site being vacant. The subject property has an area of approximately 2.65 hectares, with approximately 50 metres frontage on Sea Street and 60 metres frontage on Woodville Road. The site is relatively flat with a gradual slope to the southwest of the property. This area of the West Side of Saint John is an older neighbourhood with a large portion of the housing stock constructed before WWII, most of which are single-family dwellings. The neighbourhood surrounding the subject site is predominantly zoned Two Unit Dwelling (R2). The last major developments that were the subject of a public approval process in the area were the existing special care home which was rezoned in 2010 and a residential subdivision which was approved at the end of Sea Street in the early-2000's. Page 4 of 10 91 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 Municipal Plan and Rezoning 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. Staff also note that the proposed development would be considered the infill development of a vacant parcel of land utilizing existing municipal services, which is a key direction established in the Municipal Plan. Staff note the area is estimated as Stable Residential in the Municipal Plan. While a density target is not provided for Stable Residential areas in the Plan, staff note the two special care homes represent a density of 25 persons per hectare for the portion of the site proposed to have CFN zoning and 22 units per hectare for the proposed townhouse development. The surrounding neighbourhood has a density of between 10 and 25 units per net hectare. As a basis for comparison, the Municipal Plan sets a density target of between 20 units per net hectare and 45 units per net hectare for Low Density Intensification Areas. Given this, Staff are of the opinion the proposed density is acceptable for the surrounding neighbourhood and conforms to the overall intent of the Municipal Plan. Staff note the project will not present any major impacts to traffic or infrastructure and that the site is within 350 metres of a transit route. The area is also served by the new Seaside Park Elementary School. The Municipal Plan seeks to develop more complete communities that incorporate community facility uses such as the proposed special care home into neighbourhoods and provide a range of housing forms within the community. The proposal accomplishes that goal through the additional building for the special care home and the provision of townhouses. These allow for residents of the area to age in place within the neighbourhood and provide additional housing options within the neighbourhood. 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. Rezoninq The site contains 3 parcels of land currently zoned as follows: • PID 00385781, a 0.47-hectare parcel fronting on Sea Street and zoned Neighbourhood Community Facility (CFN). This parcel contains the existing special care home. • PID 00471557, a 1.95-hectare parcel of land zoned Two -Unit Dwelling (R2) with frontage on both Sea Street and Woodville Road. Page 5 of 10 5 92 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 • PID 00394973, a 0.22-hectare of parcel of land in the northern portion of the development site that is zoned Two -Unit Dwelling (R2). This parcel is City -owned and is subject to a purchase and sale agreement between the Developer and City. To provide for the proposed new building for the special care home, a 0.38-hectare portion of PID 00471557 requires rezoning from Two -Unit Dwelling (R2) to Neighbourhood Community Facility (CFN). The site of the existing and proposed special care home facilities will generally conform to the standards of the CFN zone, however three variances, which will be processed by the Development Officer should the rezoning be approved, are required to: • Increase the maximum front yard for the new special care home building from 22 metres to between 76 metres and 80 metres. Staff note the existing special care has a front yard of between 8 metres and 15 metres which complies with the by-law requirements. The placement of the new special care home to the rear of the existing building, and associated front yard variance, is reasonable as it minimizes the massing associated with the placement of the new special care home on the adjacent residential dwellings along Sea Street. • The CFN zone requires a minimum building height of 2 stories. The single storey height of the new special care home requires a variance from this standard. Staff note the variance to reduce the required height is reasonable given the existing adjacent special care home is a one-story building and the surrounding neighbourhood context that has a mix of single and two storey dwellings. Given the building will operate as a special care facility, the single storey design supports the needs of the facility residents that may have mobility issues, as a single storey design ensures easier access for residents between their individual living spaces and the service areas and common spaces within the building. • The Zoning By-law requires that parking not be located within the required side yard setback. The proposed design has the parking lot located within approximately 3.62 metres of the side lot line along the northern part of the site, as opposed to the 7.5 metres required by the Zoning By-law. Staff note the existing special care home has a 3.62 metre setback from the northern property line. Given this, and the requirement that a landscaping plan be prepared for the special care home development as in accordance with the existing and proposed Section 59 condition on the original rezoning, Staff is of the opinion that the variance is reasonable and note the parking area will also require a fence or treed berm between the parking lot and lot to the north of the site. The parcel containing the existing special care home is subject to a Section 59 condition that was imposed at the time of the original rezoning, which requires the preparation of a landscaping plan for the portion of the site zoned CFN. Staff are recommending the retention of this condition and that it be applied to the total area that will have CFN zoning. Page 6 of 10 X 93 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 The proposed townhouse development requires a rezoning of a 0.14-hectare portion of PID 00385781 (the existing special care home parcel) from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL). It also requires the rezoning of a 1.57-hectare portion of PID 00471557 from Two -Unit Dwelling (R2) to Low Rise Residential (RL) and a rezoning of PID 00394973, a 0.22-hectare parcel from Two -Unit Dwelling (R2) to Low Rise Residential (RL). The proposed townhouse subdivision meets the standards of the RL zone, however two variances from the standards of the Zoning By-law will be required from the Development Officer to: • Reduce the lot depth for a portion of the site from 30 metres to 15 metres. This area, located along the boundary of Block D and Block E, is a function of the geometry of the overall site and the variance is considered reasonable by the Development Officer. • Increase the maximum front yard from 9 metres to approximately 12.79 metres (Part Lot 3 Block C) and to between 12.6 metres and 15 metres (Block B). These variances are a function of the configuration of the boundaries and dimensions of the development site and are considered reasonable by the Development Officer. Subdivision The development will require a boundary adjustment of the lot containing the special care homes and the creation of lots and part lots for the proposed townhouse development. Apart from a required variance for the length of the proposed cul-de-sac the proposal meets the standards of the Subdivision By-law. Street and Infrastructure Construction Consistent with the requirements of the Subdivision By-law, the developer is required to construct the proposed street and associated infrastructure including concrete curbing, sidewalk, underground public utilities, street lighting, and full municipal services (sanitary sewer, storm sewer and water mains) required for the townhouse development. This work will be completed at the developer's cost. The developer is also responsible for costs related to any offsite infrastructure improvements required to service this proposal. No servicing capacity constraints have been identified to date, and the proponent's engineering consultant will have to provide demand requirements to the City for review and approval by the City as part of the detailed infrastructure design process for the proposed development. Stormwater management for the development will be in accordance with the City's Storm Drainage Design Criteria Manual and the City's Drainage By-law, which require the proponent's engineering consultant to provide an engineered storm drainage submission (plan and design report) indicating how stormwater collection and disposal will be managed. Any municipal infrastructure improvements, including system extensions, will be the applicant/owner's full responsibility and cost to complete. Page 7 of 10 7 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 The proposed public street serves 33 units on a single entrance. This is below the threshold of 100 dwelling units on a single entrance that would require a Traffic Impact Study in accordance with the Subdivision By-law. Construction of the proposed Public Street, at a minimum, would be to the local street cross section as outlined in the City's General Specifications. The developer and their consultant and contractor will be required to complete the design and construction of the required municipal infrastructure for the Public Street serving the townhouse development to City Standards. The Applicant/Owner will also be responsible for obtaining all necessary municipal permits. Following Council's assent to the proposed Subdivision, the City's Legal Department will prepare the necessary Subdivision Development Agreement. This authorization is provided in the proposed recommendation. The proposed cul-de-sac has a length of approximately 162 metres, greater than the 120 metres permitted by the Subdivision By-law. This will require a Developer Officer variance with respect to the increased length of the cul-de-sac. Staff have reviewed this request with Infrastructure Development and the Saint John Fire Department, and no comments were raised with respect to the increased length. The review did note that the configuration of the cul-de-sac bulb will have to be changed to reorient most of the cul-de-sac bulb to the north side of the roadway terminus. Land for Public Purposes The Subdivision By-law requires ten percent of the area of a proposed subdivision to be vested to the City as Land for Public Purposes (LPP). Such land dedications must be assented to by Common Council. However, at the discretion of Council, a money in -lieu of LPP dedication may be accepted. The Subdivision By-law encourages the assent of proposed LPP dedications that involve a pedestrian walkway between streets or land required to support the City's Trails and Bikeways Strategic Plan. Otherwise, the Subdivision By-law encourages the acceptance of money in -lieu of LPP dedications for subdivisions that do not offer these benefits. This approach is supported by The City of Saint John Parks and Recreation Strategic Plan (PlaySJ) and the Parks and Recreation service area. Since the proposed subdivision does not meet the land dedication requirements of the Subdivision By-law, staff is recommending the acceptance of money in -lieu of a LPP dedication. The Community Planning Act requires that money in -lieu of LPP dedications represent eight percent, as required by the Subdivision By-law, of the market value of the unimproved land at the time of subdivision. In the case where both lots have already been developed, this amount will be determined based on the estimated unimproved land value of the proposed new lot. Page 8 of 10 E'3 95 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 The Act also requires that money in -lieu dedications be deposited into a special account and that Council expend the money for "acquiring or developing land for public purposes' and for no other purpose." In this case, money -in -lieu of LPP will be taken for the proposed townhouse subdivision. Railway Right -of -Way Portions of the proposed development are adjacent to lands currently utilized as a rail yard. Consistent with Section 35 of the Subdivision By-law, a chain link fence, completely covered by filter strips woven into its mesh, will be required along the boundary of the site with the rail yard. Street Name The proposed street name McCode Drive has been reviewed by the City's GIS service area and has been deemed acceptable and reserved for the development. This street name is recommended for approval by the Committee. In 2022, the City will be reviewing the process by which street and facility names are reviewed and this may result in changes to the current process where the Developer provides possible street names to the City for review. Conclusion The proposed development conforms to the policy direction in the Municipal Plan and meets the standards provided in the Zoning and Subdivision By-laws. The proposed density and building forms fit within the context of the surrounding neighbourhood. Approval of the rezoning is recommended subject to standard Section 59 conditions and an amended Section 59 condition relating to a landscaping plan for the land to be zoned Neighbourhood Community Facility. The proposed subdivision is supported by Staff and the required Council authorizations and assents are provided in the recommendation. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed in the preparation of the report. ENGAGEMENT Proponent The proponent provided a flyer to neighbouring residents informing them of the project. 1 Land for public purposes means land, other than streets, for the recreational or other use or enjoyment of the general public (Community Planning Act, 2018). Page 9 of 10 01 Hughes Surveys and Consultants 489 Sea Street and 0 Woodville Road May 14, 2021 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 May 4, 2021. Notification of the Public Hearing will be provided on the City of Saint John website as required by the Community Planning Act. 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: 21-0047 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 Submission 2: Building Elevations Submission 3: Floor Plan (Special Care Home) Page 10 of 10 97 t j r � ►•� a r m 0 ry a) 0 0 a m a) 4-1 a� m ra) VJ T V ) 00 I � a�/)�► VJ A� as LL i i t r Y or � � r 0 r L ] co 07 o Cl r o occ cc o a N 2 m o v 3 z I; W L 4--A C W Q _v L ncu L.L y� L L Q� N CL r o E nL •nnL O !1 1 N N 0 0 N c-i • • 0 0 cz U) 00 CY] . r ]V N 417 r p ON, � M L M "'. s i`L ir7 CD O,&(M, O Q>> co 00 Cl} R1� o ao �_ m. o A co �� �ce) M.� T— 1` r LO LO Q7 7 t'7 'C'7 P aM . ~ T f �7 Liz L[ i V ti [D. r _ 1` I� - r. 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Sea Street & Woodville Road Development Proposal YJ I.A Irl 4-� 11 4 4 n AP � n _ •� ram,., .' LAP m i J _. � .� r ■ ., .tea � /. t I .�/ - . �s .I • I_ Thank you for your comments and suggestions ... ...... .............................................................-...-..........--....................................................-..................... .........,,.,.....................................................................-.........................-.,.....-.-........... Should you have any questions with respect to the proposal please contact Matt Blain at Hughes Surveys & Consultants Inc. Phone: 506-634-1717, Email: matt.blain@hughessurveys.com Completed Comment Cards can be sent directly to the City of Saint John for consideration of the Planning Advisory Committee (PAC) at Growth & Community Development Services, City Hall, 15 Market Square, Saint John, N.B. E21-1E8 or onestop@saintjohn.ca Otherwise, arrangements can be made by phone with David Arseneau — 506-640-3861 to ensure comment cards are picked up and included in the package to PAC. 0 42 112 Description of Application for Sea Street Manor Special Dare Home Extension & Woodville Estates Inc. Development The proposed development consists of two parts. The first part is the proposed construction of a second building to be used in conjunction with Sea Street Manor Special Care Home (Image Z). Boundary adjustments (Subdivision) and Rezoning are required to accommodate the proposed building. The second part of the proposal deals with the vacant land on the Woodville Road side of the property. It is proposed t❑ be the site ❑f a townhouse development (Image 3). The lots/blocks will be divided to allow each townhouse unit to be sold separately. The proposed development will require the construction of a. new public street (Cul-de-sac) which is planned to be located off Woodville Road. Rezoning is required t❑ accommodate the proposed development. We would be pleased if you would fill in the Comment Card on the reverse side to provide your views so they can be forwarded to the City Planning Advisory Committee for their consideration. Your support or concerns are appreciated. 3 43 113 From: Anthony Forest To: OneStoa Subject: Sea Street & Woodville Road Development Proposal Date: May 11, 2021 10:26:02 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. * * To Whom It May Concern: My wife and I live at 728 Beaconsfield Ave. We're addressing our concerns with the development proposal as we've already received paperwork in the mail. We currently have a few concerns: - Our view of the Bay of Fundy - A beautiful walking trail - Seeing wildlife like birds or deer walking through while grazing. Whether we're enjoying a large cup of coffee and bagel or having a bbq on our back deck, what makes our time in our backyard a lot more pleasurable is our fantastic view of the Bay of Fundy. We're concerned that our amazing view would be obstructed by the town houses and their roofs. Enjoying the beautiful walking trail and watching other neighbors do the same with their pets. Being able to see wildlife like birds and deer from a distance makes it all worth it. We appreciate the opportunity to address our concerns. Thank you, 114 Anthony & Rebecca Forest 45 115 Cara Cole 473 Sea Street Saint John NB E2M 21\19 (506) 654-2681 May 11, 2021 Planning Advisory Committee City of Saint John Growth and Community Services PO Box 1971 Saint John NB E2L 41-1 Dear Members, RE: Rezoning, Subdivision, and Variance Application 489 Sea Street and 0 Woodville Road I am writing to express both support for the proposed development, and as well to express two concerns that I have for it in its current form. My first concern is with regards to a community access trail that runs North -South along the Western end of the land in question (PID 003949673; 00471557; and the East End of PID 00385781). It is clearly visible in both satellite imagery and in the "Air Photo- 489 Sea Street and 0 Woodville Road" provided as an attachment in Mark Read's letter from the City, dated May 4, 2021. This trail has been built and maintained by neighbours to the land as a way of accessing trails that run along the Irving railway properties. It has been used for generations. These trails are key community assets that are used year-round by walkers of all ages and demographics. We know that community wellness and quality of life are greatly impacted by time outside in nature: fresh air and exercise. Policy UD-36 in PlanSJ states that development should "maintain and enhance public walkways and bike paths". I understand that this trail is on previously undeveloped private land, but I think that it should be considered in the development of the area. Unfortunately, the proposed developments show, at the far (Western) end of the cul-du-sac, several homes built directly on top of this trail. I believe that the trail system is a notable community asset that should be either protected or integrated into any development plans in this area: for existing and future residents alike. We can all appreciate a lush green pathway over one which has been stripped of its M, 116 native vegetation, thereby removing the elements which are the most important elements of a community footpath: privacy and natural solace. Considering that the developer has requested a variance to the cul-de-sac By -Law to extend the maximum length of 120 metres to 162 metres, and that it is within the bounds of this extension that the footpath exists, I would ask the PAC to find a middle ground. This type of highly concentrated urban development does not match the surrounding neighbourhood (Plan SJ Policy UD-10) and it overtakes land that could be used for public purposes. In my opinion, the only people who would benefit from this concentration of housing are the developers: existing neighbours, future residents, and the environment all lose. Which leads into my second concern: the indigenous trees on the land. The existing tree culture includes Birch, Black Willow, Serviceberry, Poplar, Apple and Rowan (Mountain Ash). Lower bushes include Alder, Meadowsweet, Raspberry, Blackberry, Blueberry, and Hawthorne. Wildflowers include: Aster, Fireweed, Violet, Bluet, Goldenrod, Bluegrass, and Strawberry. This is a partial list. These trees provide food and nesting zones for many migratory and local birds as well as a small herd of white-tailed deer. For those of you familiar with this area of the city, another subdivision, Sea View Estates, located at the bottom of Sea Street removed a large parcel of such habitat within recent years. Much of the remaining coastline at Bayshore is an Industrial Zone. In addition to providing habitat and feeding grounds for migratory and localized animal populations, the trees are important when we consider the water that flows through the land. I can see that there are potential "Stormwater Detention Areas" in the drawings: I would recommend to the committee that these trees that are local to this parcel of land be planted (and preserved) in these zones: in particular, black willow, because of the amount of water it will consume. We need to be leaders and consider natural flora and fauna as essential elements of sustainable and livable neighbourhoods. Who would argue that green space and mature trees are not beneficial for our mental health? Studies, time and again, prove otherwise. Aesthetics have long been recognized for their impact on human health and spirit: think of our cathedrals and the architecture from centuries past: open spaces, natural light, beautiful carvings, frescos, cut glass windows and plaster embellishments. PlanSJ states the City should, "Ensure all development proposals generally conform to the following General Urban Design Principles [... ] Incorporating innovations in built form, aesthetics and building 47 117 function to encourage high quality contemporary design that will form the next generation of heritage" (UD 9-e, p. 113). Shaving every blade of grass and tree off a natural parcel of land in trade for buildings with taupe plastic siding and asphalt yards are not good for any of us: animals and people alike. Therefore, I ask the Committee to consider asking the developer to incorporate a natural green space into the special care home yard: not perfectly mowed grass and imported bushes from the hardware store, but instead, a greenspace that will serve to nourish both the animals and the minds and souls of the residents. Our Plan clearly guides us to be: "Designing sites to incorporate existing natural features and topography; Designing sites to protect, create and/or enhance important view corridors to the water or landmark sites or buildings" (UD 9-c-d, p. 112). As well, we are specifically guided to use native tree species in landscaping: "Enhance biodiversity throughout the City by: a. Encouraging the use of native species of vegetation for landscaping in private and public development, where appropriate; and b. Preserving representative vegetation, species and ecosystems in major open spaces and City parks" (NE- 24, p. 155). I believe that this development will welcome new neighbours into our area, which for me, means more people to care about this places that I care about: Bayshore Beach and Seaside Park. But we need to balance this development plan so that it respects PlanSJ: specifically, how it pertains to Land for Public Purposes and preserving ecosystems. I support this development and would love to see it done in a way that benefits the people who live here and respects the land that we love so much. Thank you for considering my concerns. Please do not hesitate to contact me about them! Sincerely, Cara Cole 118 From: bigwolf To: OneStoa Subject: Rezoning,Subdivision,and Variance Application 489 Sea Street and 0 Woodville Road Date: May 14, 2021 2:10:47 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. * * To City of Saint John Planning Advisory Committee Growth & Community Services Mark Reade My name Is Christopher Nice ,my wife and I have lived at 760 Beaconsfield Ave for 27 years now in what we assumed would be our first and only house and home .We raised our daughter Alyson at this address and with the wonderful neigbours past and present this has been a fantastic place to live.I dont believe any of us are opposed in any way to the Sea Street Manor Special Care Home Extension.However,the Woodville Estates Inc Development poses to be detrimental in many ways to the people in my area. Item one -Spring runoff -every year at spring thaw the waters rise in our yards and in some basements .Our backyard has had the rains bring the water up to within one inch of flowing in the downstairs windows on multiple occasions.When we first moved in our first year we had water come up thru the basement floor and I personally had to dig up the front yard to redo drain tile etc.Without a doubt these new townhouses to be built so close to my house and to my immediate neighbours will displace any runoff water and I fear rightly so I will become a victim of spring flood waters. Second Item ... Privacy..as it stands now our only privacy is the alders and noone directly out the back of our house.we also have one spot on our deck where we can view the bay and incoming /outgoing vessels -this will also be a thing of the past with these new townhouses. Third Item... previous try at development off to the lower part of Sea Street has failed miserably.The number of house that were meant to go there that had an even less restrictive view failed for multiple reasons .Why would we have our backyards changed dramatically for yet another high priced venture. My fourth and final Item .... over these years I have had my property taxes continually rise but still I preached how Saint John was such a great place to live.There is no doubt that if these 2 story townhouses no doubt sold at crazy high prices do manage to get sold this in turn will penalize me for contining to live in the neighbourhood.Its no great mystery why people keep leaving the city.I am recently retired and my new young neighbours just bought the tiny house next to mine..Im sure they as well as myself am not looking to be gouged in property taxes as my level of pride and comfort in owning this house will definitly take a sharp drop if this development is allowed to happen. Thank you for your time and hopefully respect towards this lifetime Saint John Resident. Christopher Nice 119 Comment Card Sea Street. Manor & Woodville Estates Inc. Sea Street & Woodville Road Development Proposal 1 C� �� � �, � . � �1,. �• � LSD-�_� ��� 1 i u p Y" cj'-(�- �- k Thank you for your comments and suggestions ............ ---- ... I-- ....... I—-..................................................................................... .................................................................... Should you have any questions with respect to the proposal please contact Matt Blain at Hughes Surveys & Consultants Inc. Phone: 506-634-1717, Email: matt.blain@huehessurveys.com Completed Comment Cards can be sent directly to the City of Saint John for consideration of the Planning Advisory Committee (PAC) at Growth & Community Development Services, City Hall, 15 Market Square, Saint John, N.B. E2L 1E8 or ❑nestop@saintjohn.ca Otherwise, arrangements can be made by phone with David Arseneau — 506-640-3861 to ensure comment cards are picked up and included in the package to PAC. 0 c 120 Description of Application for Sea Street Manor Special Care Home Extension & Woodville Estates Inc. Development The proposed development consists of two parts. The first part is the proposed construction of a second building to be used in conjunction with Sea Street Manor Special Care Home (Image 2). Boundary adjustments (Subdivision) and Rezoning are required to accommodate the proposed building. The second part of the proposal deals with the vacant land ❑n the Woodville Road side of the property. it is proposed t❑ be the site of a townhouse development (Image 3). The lots/blocks will be divided to allow each townhouse unit to be said separately. The proposed development will require the construction of a new public street (Cul-de-sac) which is planned t❑ be located off Woodville Road. Rezoning is required to accommodate the proposed development. We would be pleased if you would fill in the Comment Card on the reverse side to provide your views so they can be forwarded to the City Planning Advisory Committee for their consideration. Your support or concerns are appreciated, 3 51 121 LNBM RAILWAYS May 13, 2021 Planning Advisory Committee C/O City of Saint John P O Box 1971 Saint John, NB E2L 4L1 Onestop@saintiohn.ca 11 Gifford Road Saint John, NB E2M 4X8 Subject: Rezoning, Subdivision, and Variance Application — 489 Sea Street and 0 Woodville Road Dear Planning Advisory Committee: Thank -you for the opportunity to comment on this application. We would like to point out that this property immediately borders our New Brunswick Southern Railway Bayshore terminal property line. This is an active Railway operation that sees trains and switching on a regular basis and it is important that the City and the Developer take this into consideration if the project were to proceed. This is a 7/24 Railway operation, and we want to make sure that everyone is aware of that before making an investment in a special care home and a residential subdivision. With the Port of Saint John modernization project and increased container ship traffic, this NB Southern Railway Bayshore location will have track expansion and increased activity as intermodal volume grows in the city. In fact, some additional track expansion has already been done this spring. It should also be noted that there is a public railway crossing less than 150 meters away at the lower end of Sea Street where our trains are Regulated to blow their whistles each time we cross the intersection. This is a regulation that must be followed by the Railway and is a noise that the Developer and potential residents need to be aware of. Attached is a drawing of our Bayshore railyard and the location of the Public crossing. There are recommended guidelines set out in a 2013 report prepared for The Federation of Canadian Municipalities and the Railway Association of Canada that offers suggestions to Municipalities and Developers to consider and implement if building new subdivisions near current Railway operations. Attached is the link to this report. http://proximitVissue.wpengine.com/wp- content/uploads/2017/09/2013 05 29 Guidelines NewDevelopment E.pdf It is incumbent upon the developer to address potential rail noise issues, as part of the development of this property in house design, sound walls, setbacks and other criteria as outlined in the "Guidelines for Developments in Proximity to Rail Operations". We work very closely with our customers, citizens and communities and would like to make sure that all parties involved are aware of the activities that take place with this busy Rail operation to avoid any 52 122 concerns from citizens after the investments were made. As stated in the report, the guiding philosophy of the document is that, by building better today, we can avoid conflicts in the future. Sincerely, Ian Simpson General Manager New Brunswick Southern Railway CC: Mark Reade P.Eng., MCIP, RPP Senior Planner/City of Saint John mark.reade@saintjohn.ca Wayne T. Power Group Vice President JD Irving Transportation and Logistics Division Chris MacDonald Vice President, Government Relations J.D. Irving, Limited 53 123 Alan and Colleen Gallant 679 Beaconsfield Ave. Saint John, NB E2M 21<6 506-636-0424 May 14, 2021 Planning Advisory Committee City of Saint John Growth and Community Services PO Box 1971 Saint John, NB E21L 4L1 Dear Members, Subject: Rezoning, Subdivision, and Variance Application 489 Sea Street and 0 Woodville Road As lifelong residents of Beaconsfield Avenue we do welcome the opportunity to grow our neighbourhood, however we do have concerns with the developer's proposal as it was presented to us two weeks ago. 1. Beaconsfield Ave. in particular already experiences issues with vehicles speeding up and down the street. Since Beaconsfield Avenue would be the natural direct route for the proposed development to access schools, churches, and nearby shopping centres, we ask that traffic mitigation be considered by the City in consultation with residents. 2. The requested variance to increase the length of the proposed cul-de-sac from 120 metres to 162 metres would mean the loss of a well known and well used neighbourhood trail. This trail was developed well before the current owner took possession of the land, and has never been challenged as trespassing on private property, even though it was understood to be so. To lose this trail would be a devastating loss to the neighbourhood residents who have always maintained it, as well as to the migratory songbirds who use this natural area as a nesting ground, and as well as to the herd of white tail deer who rest here in the evenings. We believe that access to this type of trail that lies directly in our backyards as well as in the backyards of any future residents of the proposed development would enhance the economic value of our homes and neighbourhoods, and more importantly maintain peace of mind for all involved. Therefore we would ask that a discussion be opened with the developer to seek a compromise. 3. We do like and agree with the proposed new homes to be one level living, thereby keeping site -lines open to the water. Given that this land has always been vacant the introduction of lighting into this space will be challenging for some nearby homes. For this reason we would ask the developer to consider that power and communications be fed underground, and for the City to consider low level street lighting on low, decorative poles. 125 4. It is a well known fact that Saint John needs more homes that care for our elderly residents, and we welcome the idea of another one to be built directly in our neighbourhood. Given that the developer's existing Special Care Home seems that it may have been built in haste due to the lack of any imaginative landscaping, we would ask that the new home be developed with more ascetically pleasing views from the street rather than views of an entire lot of asphalt. It is also well known that aesthetics promotes stability, neighbourhood involvement, and investment in both physical and social characteristics of a neighbourhood, and thus yields individual and neighbourhood level benefits. As private citizens sitting on the Planning Advisory Committee we know that in accordance with Plan SJ you want to see our City grow. You have the power and responsibility to show that new development can be exciting and inspirational for all residents. Your decisions today will have lasting affects on the generations to come. Thank you for considering our concerns. Sincerely Alan and Colleen Gallant 126 From: Reade, Mark To: OneStoo Subject: FW: Letter to PAC RE: 489 Sea Street and 0 Woodville Road Date: May 17, 2021 3:11:27 PM Attachments: RE 489 Sea Street Cara Cole Attachment l.odf Cara Cole RE 489 Sea Street and 0 Woodville Road .docx Aimee, I have confirmed the attachments with Cara From: Cole, Cara (ASD-S) <cara.cole@nbed.nb.ca> Sent: May 17, 2021 2:51 PM To: Reade, Mark <mark.reade@saintjohn.ca> Cc: Norton, Greg <greg.norton@saintjohn.ca>; OneStop <onestop@saintjohn.ca> Subject: RE: Letter to PAC RE: 489 Sea Street and 0 Woodville Road [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to snamsample(aosaintjohn.ca or contact IT Service Desk at 649-6047. * * Hello Mark, Aimee and Greg, Please find my original letter to the PAC attached, along with two attachments. The first attachment is a list of native plants that my mother, Jane Harrity, put together for me last week. They grow between Seaside Park and the Breakwater. It illustrates the biodiversity of the area that needs to be protected. The second attachment is an image of the view of Sea Street from the sidewalk. I think that a visual should accompany my written concern regarding the landscaping on the future property, especially when considered next to the list of native plants. Thank you so much. Sincerely, Cara Cole Cara Cole BAA, BEd., Teacher Pronouns: she/her/hers or they/them/theirs Dr. Christine Davies Education Centre First Steps Housing Inc. 120 Coburg Street Saint John NB 127 (506)693-2228 Territorial Acknowledgment: I recognize and respectfully acknowledge that I live as a guest on the unsurrendered and unceded traditional lands of Wolastoqiyik (Maliseet). This territory is covered by the Treaties of Peace and Friendship which the Wolastoqiyik (Maliseet), Mi'kmaq and Passamaquoddy peoples first signed with the British Crown in 1725. The treaties did not deal with surrender of lands and resources but in fact recognized Wolastoqey (Maliseet), Mi'kmaq and Passamaquoddy title and established the rules for what was to be an ongoing relationship between nations. Confidentiality Note: This email and the information contained in it is confidential, may be privileged and is intended for the exclusive use of the addressee(s). Any other person is strictly prohibited from using, disclosing, distributing or reproducing it. If you have received this communication in error, please reply by email to the sender and delete or destroy all copies of this message. 128 Cara Cole 473 Sea Street Saint John NB E2M 2N9 (506) 654-2681 May 11, 2021 Planning Advisory Committee City of Saint John Growth and Community Services PO Box 1971 Saint John NB E2L 41_1 Dear Members, RE: Rezoning, Subdivision, and Variance Application 489 Sea Street and 0 Woodville Road I am writing to express both support for the proposed development, and as well to express two concerns that I have for it in its current form. My first concern is with regards to a community access trail that runs North -South along the Western end of the land in question (PID 003949673; 00471557; and the East End of PID 00385781). It is clearly visible in both satellite imagery and in the "Air Photo- 489 Sea Street and 0 Woodville Road" provided as an attachment in Mark Read's letter from the City, dated May 4, 2021. This trail has been built and maintained by neighbours to the land as a way of accessing trails that run along the Irving railway properties. It has been used for generations. These trails are key community assets that are used year-round by walkers of all ages and demographics. We know that community wellness and quality of life are greatly impacted by time outside in nature: fresh air and exercise. Policy UD-36 in PlanSJ states that development should "maintain and enhance public walkways and bike paths". I understand that this trail is on previously undeveloped private land, but I think that it should be considered in the development of the area. Unfortunately, the proposed developments show, at the far (Western) end of the cul-du-sac, several homes built directly on top of this trail. I believe that the trail system is a notable community asset that should be either protected or integrated into any development plans in this area: for existing and future residents alike. We can all appreciate a lush green pathway over one which has been stripped of its 129 native vegetation, thereby removing the elements which are the most important elements of a community footpath: privacy and natural solace. Considering that the developer has requested a variance to the cul-de-sac By -Law to extend the maximum length of 120 metres to 162 metres, and that it is within the bounds of this extension that the footpath exists, I would ask the PAC to find a middle ground. This type of highly concentrated urban development does not match the surrounding neighbourhood (Plan SJ Policy UD-10) and it overtakes land that could be used for public purposes. In my opinion, the only people who would benefit from this concentration of housing are the developers: existing neighbours, future residents, and the environment all lose. Which leads into my second concern: the indigenous trees on the land. The existing tree culture includes Birch, Black Willow, Serviceberry, Poplar, Apple and Rowan (Mountain Ash). Lower bushes include Alder, Meadowsweet, Raspberry, Blackberry, Blueberry, and Hawthorne. Wildflowers include: Aster, Fireweed, Violet, Bluet, Goldenrod, Bluegrass, and Strawberry. This is a partial list. These trees provide food and nesting zones for many migratory and local birds as well as a small herd of white-tailed deer. For those of you familiar with this area of the city, another subdivision, Sea View Estates, located at the bottom of Sea Street removed a large parcel of such habitat within recent years. Much of the remaining coastline at Bayshore is an Industrial Zone. In addition to providing habitat and feeding grounds for migratory and localized animal populations, the trees are important when we consider the water that flows through the land. I can see that there are potential "Stormwater Detention Areas" in the drawings: I would recommend to the committee that these trees that are local to this parcel of land be planted (and preserved) in these zones: in particular, black willow, because of the amount of water it will consume. We need to be leaders and consider natural flora and fauna as essential elements of sustainable and livable neighbourhoods. Who would argue that green space and mature trees are not beneficial for our mental health? Studies, time and again, prove otherwise. Aesthetics have long been recognized for their impact on human health and spirit: think of our cathedrals and the architecture from centuries past: open spaces, natural light, beautiful carvings, frescos, cut glass windows and plaster embellishments. PIanSJ states the City should, "Ensure all development proposals generally conform to the following General Urban Design Principles [... ] Incorporating innovations in built form, aesthetics and building 130 function to encourage high quality contemporary design that will form the next generation of heritage" (UD 9-e, p. 113). Shaving every blade of grass and tree off a natural parcel of land in trade for buildings with taupe plastic siding and asphalt yards are not good for any of us: animals and people alike. Therefore, I ask the Committee to consider asking the developer to incorporate a natural green space into the special care home yard: not perfectly mowed grass and imported bushes from the hardware store, but instead, a greenspace that will serve to nourish both the animals and the minds and souls of the residents. Our Plan clearly guides us to be: "Designing sites to incorporate existing natural features and topography; Designing sites to protect, create and/or enhance important view corridors to the water or landmark sites or buildings" (UD 9-c-d, p. 112). As well, we are specifically guided to use native tree species in landscaping: "Enhance biodiversity throughout the City by: a. Encouraging the use of native species of vegetation for landscaping in private and public development, where appropriate; and b. Preserving representative vegetation, species and ecosystems in major open spaces and City parks" (NE- 24, p. 155). I believe that this development will welcome new neighbours into our area, which for me, means more people to care about this places that I care about: Bayshore Beach and Seaside Park. But we need to balance this development plan so that it respects PlanSJ: specifically, how it pertains to Land for Public Purposes and preserving ecosystems. I support this development and would love to see it done in a way that benefits the people who live here and respects the land that we love so much. Thank you for considering my concerns. Please do not hesitate to contact me about them! Sincerely, Cara Cole 131 _r% b LIZ- qiL Id b. p dL 10 d I hr dr 'v A+ ir qp-1, , 4L V ;P07 PA J L .16 0 PL A. Pti A r r Ir qm Al r .7 p .14 16 ■ 10 -d. - r - .1 p L OF ft '.I a r . �jk At• r p 41 T q al� -p- 0 m 41P 4 it. bir' lk- W OF IL� r or 6 4 r V� 40 a .0 F dL 17 qr 4W p JO dF dr. I PEI 1 0 h r 16 Or p 4 L- p Nce F A FL Ii � it r p ip or J, r d* r pi AP it w w 1p m .0 Id A L 4 ■ L Mu 46 Ir 0 4rp P, w pp SL it do 'I IP 0 orr .Or I A- IP 4r i Arr r �r mp I Mr jpr d. -M -M A �pl jr p I.P, PL 0 TP pr 4f f h 4, -IL r IR h A Ir I J- AL .1 4 0 2K 40 of r d r ifi x P 4L R. Pi wi - A W. I if- r & p OF , 1 0 1 4. t 0- P. P p 1p - .. . IP It % lip P p 41 d­ J6 I if A 9 r6 Al JPL 1 1: a 0 A 4 1 04r P p 4L 9 dr A -040 ar jp PIP6 IF A I dp ;F rl. 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LIE ■41 I V: 4b A .0 . dr A 11 . w in 0.- 1 4F ip PIP Pa a SL - �p 9 L. r T 9 IL 1p ■ .�6 0 d* b0ly/ R/) 7-o G 16 oei ri ff � aye" J��t S �eo�u�e�1 135 From: Reade, Mark To: GCS Admin Subject: FW: 489 Sea Street & 0 Woodville Rd Application Date: May 17, 2021 8:52:35 AM FYI regarding Sea Street Mark Reade, P.Eng., MCIP, RPP Senior Planner / Urbaniste Principal Growth and Community Planning Services Service de la croissance et de I'urbanisme communautaire City of Saint John / Ville de Saint John 506 721 0736 From: Jim Rogers <sinbad. rogers@gmail.com> Sent: May 16, 2021 9:35 PM To: Reade, Mark <mark.reade@saintjohn.ca> Subject: 489 Sea Street & 0 Woodville Rd 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 snamsample&�aintjohn.ca or contact IT Service Desk at 649-6047. * * I am writing on behalf of myself and my wife re: the 2 proposed new developments next to Sea Street, Woodville Rd & Beaconsfield Ave . I have lived at 696 698 Beaconsfield Ave for the last 72 years A few concerns on the Woodville Estates are 1 the extension of the lane 2 the off loading of propane from the rail cars so close to these homes We worry and we are on Beaconsfield Ave and there is no information from the rail company as to what else is unloaded there as well. 3 Access to the walking trails. 4 my property value 5 street lights light pollution 6 loss of greenspace 7 keeping homes to single story Jim Rogers 136 From: Reade, Mark To: GCS Admin Subject: FW: 489 Sea Street & 0 Woodville Rd Application Date: May 17, 2021 11:44:55 AM Another letter for Sea Street. Mark From: Kevin Carson <kmc702@hotmail.com> Sent: May 15, 2021 5:22 PM To: Reade, Mark <mark.reade@saintjohn.ca> Subject: 489 Sea Street & 0 Woodville Rd 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 snamsample&saintjohn.ca or contact IT Service Desk at 649-6047. * * To: Mark Reade & Planning Advisory Committee Good day. I am writing on behalf of my wife, mother-in-law & myself re: the 2 proposed new developments next to Sea Street, Woodville Rd & Beaconsfield Ave. We have heard of the upcoming expansion of the Sea Street Manor Special Care Home. The info we received has provided valuable insight. The proposed location & details of the Special Care Home is not a concern for us. The single level construction will not overly hinder our beautiful view of the Bay. It appears that current trees/vegetation will provide a visual buffer to (at least) the Beaconsfield Ave residents. We believe this buffer is important & the landscaping plans should include some trees to conceal the new building from surrounding homes + provide a nice view to future special care residents. The second proposal: Woodville Estates was a SHOCK! We have enjoyed a wonderful green space & desirable view for 12 years. Several of my neighbours have many more years living in the area, including my direct neighbour who grew up in the same house, that he is now a senior inhabiting. My immediate concerns have no quick or positive answers: • How the increased traffic will affect area • How long will the construction phase of extra noise, heavy equipment, increased garbage (bldg. materials, Tim Horton's cups blowing about) last • How my property value will decrease with a backyard housing development vs vibrant green space 137 • How the new development/less greenery will affect my renting my 2nd unit • How the wildlife (mainly birds, deer) will be affected by losing their habitat • How the many seniors will replace this perfect dog walking area I recognize our Common Council will see an increase of new tax dollars with the development and are always looking to add revenue. Unfortunately, the current residents (primarily Beaconsfield Ave residents) will suffer. Although I'd expect the proposal to meet City regulations, my guess is, even single level condos will not meet local resident favour. Hopefully, the landscaping portion of this development will provide a visual/noise buffer (trees, quality fencing) between new & old. Even with such components, my serene night view of a full moon reflecting on the Bay, crisp stars in a black sky & oil tankers lighting up the evening horizon.... will all be greatly diminished by the Woodville Estates streetlights light pollution. Thanks for the opportunity to express our thoughts! Kevin Carson 702/704 Beaconsfield Ave Sent from Mail for Windows 10 138 From: Noel Rogers To: Noel Rogers; mark.reade(a)sainthohn.ca; matt. blain(d) hug hessurveys.com; OneStop Subject: Resident Response - 489 Sea Street & 0 Woodville Rd Application Date: May 17, 2021 12:08:51 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. * * Hello, My Name is Noel Rogers. Multiple generations of my family have lived in the same house on Beaconsfield Avenue since around 1950. I appreciate the chance to voice concerns over the proposed Sea St. Manor and Woodville developments. I am not opposed to either development, as long as the developers respect the existing community they would like to become a part of and take steps to integrate the new construction as unobtrusively and respectfully as possible for current home owners. Areas of concern for me would be: 1) Traffic - I would like to see something done to slow down the numerous cars that speed up and down Beaconsfield Ave. This was a constant problem when the Belyea arena was open in the winter for hockey. Their is a day care on the street, several kids in other house holds, and lots of family pets. I have personally witnessed animals killed by traffic on the street over the years. I am not sure if more signage on the street telling people to slow down, or advising of a Day Care and children in the area would help, but it would be a start. Maybe one of those mobile speed signs could be placed on the street for a bit. I understand that with the closure of the Belyea Arena there will be less traffic in the area this Winter and the new development would even out traffic from the rink so not much of a change in number of cars. The issue with vehicles speeding on this street has been an issue long before this new development was proposed. It would be great to see the issue addressed now that the number of cars will be restored to pre rink closing numbers and before it becomes a big problem again. 2) Light pollution - My grandfather was a harbour pilot/ longshoreman. Part of the reason why he bought our family home was so he could keep an eye on the ships and tankers in the Bay. We have enjoyed an amazing view since. My issue with the light pollution would be from the street lights and exterior lights of the new Sea View Manor. Currently their is one exterior orange colour light in the back of the existing seniors home. It surprisingly does a lot to effect our view at night time of the Bay and night sky and seems like it could be easily and cheaply fixed. I would like to see any exterior lighting in the new seniors housing take this into account and maybe switch to a less obtrusive LED lighting or preferably have some kind of directional shade attached so the light is just aimed down and over the property, as opposed to how it is now and allowed to wash out the night sky. For the street lights that will be going up for the proposed townhomes I would like to see directional shades installed that point the light down into the neighbourhood. That would make a huge difference for light pollution washing out existing views and keeping the good will of the neighbourhood. 3) Timely development and construction of the townhouses. One of the last new big developments I remember seeing going up on the West Side was along Lancaster Avenue. A developer started to build on the land of the old veterans hospital. I am not sure why the developer stopped (I don't remember the exact time frame) but I would say the units sat half finished for approximately 10 years. They were not even fully sided and sat as an urban eyesore for the better part of a decade. I know the housing market in the city is much different now with homes selling fast. No 139 one wants to see a development that takes years and years to complete and sits half finished because the houses are not selling. I worry with the location being so close to the expanding train yard and everything that goes on there that if all of the units are not sold or the development slows down all of us in the neighbourhood will be left with gigantic unfinished eyesore for years to come. I may have missed it in the developers proposal but I would have issues with development starting and no real timeline for completion made public. No one is going to want to listen to years of building in there backyards only to have property tax go up. 4) Another concern of mine would be construction times throughout the day. I have lived in areas before where the contractors are just trying to get the job finished and onto the next one and don't care what time they are running heavy equipment and loud power tools at all hours of the day and night. I would like the new development to strictly follow the urban construction times set out by the city bylaws. 5) I would also like it to be taken into consideration the current state of the green space surrounding the current seniors centre on Sea st. Walking by, their doesn't seem to be any. If you look in the back of the complex all you see is a broken down bus and other decrepit looking machinery (Dump Truck, loader etc) Maybe this old equipment works just fine, but it certainly is an eye sore for neighbours and the neighbourhood in general. I could be wrong, but I thought the city had a by-law protecting neighbouring home owners from such eyesores in a city setting. A concern I have over the new development is that it will become a dumping ground for heavy equipment, like the back area of the seniors home currently looks like now(and has for a long time). This does not offer a great prospective on how things will look with the new development when the last one comes across as disheveled already. 6) I do have issues with the extension and do oppose the development going from 120 meters to 162 meters. I understand that this is a business and the more homes that are built the more money the developers will make, and more tax revenue the city will generate from the extra homes. I think it is important when developing an area to leave some green space for residents and not just build as much as you can. It is important for people's quality of life to have places to spend time outside. 7) I am assuming that everyone's property taxes will be going up after this development is built. Way of the world I guess. What would be great is to see some of that money reinvested back into the community. I am 40 years old and some of my best friends in life to this day are kids I met in elementary school playing hockey at the Belyea and soccer up at Beaconsfield school. It is very upsetting to walk around the neighbourhood and see all of the recreational facilities that don't exist anymore. The soccer field at Beaconsfield has had the nets removed, the tennis court there has a 10' tree growing right up through the middle of it. The basketball nets there are all rusted and very old with no meshes. You go around the corner to the Assumption Church, those tennis nets are gone. That used to be a great court to play. Sea Side Park play set has recently been removed and the basketball nets there have been terrible since I was a kid. Same now. One nice net across the street but it's only half court. The Belyea arena is closing for Winter Sports. I understand the city needs money to keep all of this stuff going. If and when new developments are allowed into an area it would be great to see some of the new tax revenue generated invested directly back into those communities. 8) Community Green Space - A lot of people use the trails on the proposed development land. I understand that this is private property and we have all been fortunate to use it for so long. What I would like to see happen as a gesture of good will to the community in which the developer would like to build is invest some money into re-establishing the trails that run along the track bed to Sea Side Park look out (where the observation platform used to be with the stares going down to the beach). These trails could start very close to the seniors centre and I think would be a great selling point to get people to move there. Yes, you can just walk down the hill to the beach, but those were once beautiful trails that ran all through that area. It would be amazing to see them even partially re -developed, especially after loosing the green space to the new development that we all have enjoyed for so long. I would be the first person to volunteer my time to help build new trails if funding was in place for the materials. Sea Side Manor and Sea Side Park are within sight of each other. If you want to build up and profit from a long established community it would be great to see some money put back into thecommunity and to not see this beautiful part of the city treated like just another business venture, especially since all existing home owners will be losing money in property tax increases while the developers walk away with a nice profit. 140 9) I have seen it happen before where a single story development or building is approved and then once the land is cleared and construction is about to start variances are granted and approved to expand the building size or height from the original plans. I am ok with single story homes but anything higher than that I would be very strongly opposed to. 10) I see that the developers will be building a fence to block the view of the train yard. It would be great if a nice fence was constructed around the entire perimeter of the property protecting existing home owners privacy and not subjecting us to look at a multi year construction project. Please don't just put up a standard see through steel fence to protect the construction area. I am all for new development as long as the communities in which they are being built are benefitting as well as the developers and current home owners issues are seriously taken into consideration. Thank you for your time and the opportunity to voice my concerns. Noel Rogers Sent from my Whone 141 DeNglopm,e nd h op ['I_AN1?�G R1if.?r U I: I"f3A1I1onestop@sainfohn.ca Phone:658-2911 Fax2-6199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : F489 Sea Street / Woodville Road PI D # : 00385781 & 00471557 & 00394973 N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PiAN: Y / N APPLICATION #: DATE RECEIVED: a RECEIVED BY: APPLICANT EMAIL PHONE Hughes Surveys & Consultants Inc. matt.blain@hughessurveys.com (506)634-1717 z 0 MAILING ADDRESS POSTAL CODE Q 575 Crown Street, Saint John, NB E2L 5E9 CONTRACTOR EMAIL PHONE O 1 MAI LING ADDRESS POSTAL CODE Z Q U J OWNER EMAIL PHONE Sea Street Manor Ltd. (c/o Hughes Surveys & Consultants inc.) MAILING ADDRESS POSTAL CODE c/o Hughes Surveys & Consultants Inc., 575 Crown Street, Saint John, NB E21_5E9 PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE ` HERITAGE QINTERIOR RENOVATION ® NEW CONSTRUCTION ®VARIANCE [] STREET EXCAVATION HERITAGE DEVELOPMENT EXTERIOR RENOVATION ACCESSORY BLDG []PLANNING LETTER [] D{RIVEWAYCULVERT ❑ HERITAGESIGN rjADDiTION ❑POoE [__jPAC: APPLICATION ODRAINAGE HERITAGEINFILL Q DECK DEMOLITION ® COUNCIL APP E] WATER & SEWERAGE HERITAGE DEMO w ❑ CHANGE OF USE SIGN ® SUBDIVISION OTHER ❑ OTHER 2 u F-1 MINIMUM STANDARDS El OTHER ]OTHER The proposed development consists of the construction/further development of a second building for the special care home, and 0 z Y 0 the creation of a townhouse development along a newly created public street, both of which requires rezoning. 0 The townhouse development (Woodville Road) will require the creation and construction of a road system and services. The v w townhouses will be divided into individual lots to allow each unit to be sold separately. a ❑ I consent to the City of Saint Jahn sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This it formatiou is being collected ur order jor the ch), of saint John to deliver an eristing progrmn i sen-ice; the collection is hinited to that ivhich is necesstn?- to deliver the progr•aen / service. Unless regnired to do so by lcnv, the CRY ofSaint John will not share your personal irifornratron $Wth artsthird prom• without your• express consent. The legal autlmritr fnr collecting this inforrrralion is to he, fnrmd in the Ahodcipcdities :4ci and the Right to Infornurtion and Protection of Privacy Act. For fu'ther information ar questions regarding the collection ofpersnnl inhrruuttion, please contact the Access & Privacy Officer: City Hall Building 8th Floor - 15 Market Square Saint John, NBE2L iE8 conmtond erktdsaintiohn. ca (506) 658-2862 1, the undersigned, hereby apply for the permits) or opprovai(s), indicated' above for the work described on plans, submissions and forms herewith', submitted. This application includes all relevant documentation necessary for the applied for permits) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. "By submitting a complete permit application, the applicant grants permission to City inspectors to enter the land, building or premises at all reasonable times for the purposes of conducting inspection(s) associated with the permit." ,�14k Applicant Signature March 17, 2021 Date Council Application Develop5 ment Shop GROWTH & COMMUNiTY DEVELOPMENT SERVICES 11 PICITY OF SAINT JOHN CIVIC ADDRESS APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑ Land for Public Purposes Non -Conforming Use Satisfactory Servicing Release Service Fee: $200 Service Fee: $200 Service Fee: $300 Section 39 Amendment a Zoning By-law Amendment ❑ Zoning By-law Amendment with Service Fee: $2,500 Service Fee: $2,500 a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. The proposed development consists of 3 PIDs. PID 00385781 is currently zoned CFN and currently has Section 39 Conditions. PIDs 00471557 & 00394973 (City of Saint John Property - Common Council has approved the sale/it is pending transfer) are currently zoned R2. As shown on the attached zoning sketch, we are proposing the re -zoning of the area needed for the addition to the special care home to be rezoned to CFN and the remanider of the properties to be rezoned as RL. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. There are no easements/ affecting the land that we are aware of. There is proposed easements to be created with the proposed development. There appears to be an encroaching city watermain running through the property that could possibly be modified or abandoned(per SJ Water). AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. - Matthew Blain Please see 1 a) Owner Authorization email Registered Owner or Authorized Agent Additional Registered Owner March 17, 2021 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 20101/2017 143 To Whom It May Concern Please be advised that Hughes Surveys & Consultants is handling the proposal to develop a plan on behalf of Sea Street Manor Limited. This plan includes the three PID numbers, two of which sea street owns at this point in time and another PID that it has a purchase agreement with the City of Saint John for. If you have any questions you can call 640-3861. Th u X3-- avid Arseneau March 19, 2021 144 eeioo SubdivisionAPPlication r ent shop GROWTH & COMMUNITY DEVELOPMENT SERVICES E. ,. xaHN CITY OF SAINT JOHN CIVIC ADDRESS 1 489 Sea Street 1 Woodville Road APPLICATION # FEE PAID I Y N TYPE OF APPLICATION ❑ Instrument [] Documents requiring Development Officer endorsement for registration Service Fee: $50 Tier 1 Subdivision Lot boundary adjustments, consolidations, and new lots along an existing street Service Fee: $250 plus $50 per new X Tier 2 Subdivision Subdivisions involving the construction of a street Service Fee: $500 plus $100 per new building lot DETAILED DESCRIPTION OF APPLICATION Attach the instrument or tentative subdivision plan, whichever is applicable, and any additional documentation to fully describe the application. Tentative subdivision plans must adhere to the requirements of Section 49 of the Community Planning Act of New Brunswick. In the case of a Tier 2 Subdivision, the submission of a preliminary proposal and a Pre -Application Meeting with City staff is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. LOCATION: The development is located between Sea Street and Woodville Road. The development comprises of PID 00385781, PID 00471557 & PID 00394973. PID 00471557 & PID 00394973 are presently vacant. PID 00394973 (Currently City of Saint John Property) has City of Saint John Common Council Approval of Sale I Pending Transfer. PROPOSAL: The proposed development consists of the construction a second building to be used in conjunction with Sea Street Manor Special Care home. Boundary adjustments and Rezoning are required to accommodate the proposed building. Also, on the Woodville Road side of the property is the proposal of a townhouse development. The lots/blocks will be divided to allow each townhouse unit to be sold separately. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. There are no easements/ affecting the land that we are aware of. There is proposed easements to be created with the proposed development. There appears to be an encroaching city watermain running through the property that could possibly be modified or abandoned (per SJ Water) AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc./ Matthew Blain on behalf of Sea Street Manor Ltd. See Owners Authorization on General Application Registered Owner or Authorized Agent March 17, 2021 Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Subdivision Application Form 20/01/2017 145 eewpp Variance Application 111ent shopw o» GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 1 489 Sea Street 1 Woodville Road APPLICATION # FEE PAID Y N TYPE OF APPLICATION ❑ Tier 1 Variance X Variances not greater than 25% of a numeric standard Service Fee: $50 plus $10 per additional variance Tier 2 Variance Variances greater than 25% of a numeric standard Service Fee: $100 plus $20 per additional variance PAC Variance Variances considered by the Planning Advisory Committee Service Fee: $300 plus $60 per additional variance DETAILED DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. LOCATION: The development is located between Sea Street and Woodville Road. The development comprises of PID 00385781, PID 00471557 & PID 00394973. PID 00471557 & PID 00394973 are presently vacant. PID 00394973 (Currently City of Saint John Property) has City of Saint John Common Council Approval of Sale 1 Pending Transfer. VARIANCES and/or APPROVALS REQUESTED — Note that we have identified the following variances that will be required to carry out the development. Upon planning staff reviewing the application if other variances or approvals are identified please advise. When your review of this application material is completed please advise our office as to the application fee amount. If your records show variances had already been provided for on the subject property in the past please disregard this part of the application material. 1. To permit Parking within the setback limit in a CFN zone 2. To permit an increase to the maximum front yard requirement in a RL zone (Block "C" Part Lot 3) 3. To permit less than the minimum lot depth requirement of 30 metres in a RL zone (Block "D" Part Lot 1) 4. To permit a reduction in building from two stories to one storey (Special Care Home) 5. To permit a variance to increase the maximum front yard (Special Care Home) 6. Landscaping variance may be required 7. To permit an increase in the length of the cul-de-sac SUBMISSION DOCUMENTS TO REVIEW VARIANCE APPLICATION: 1. General Application Form; 2. Subdivision Application Form. 3. Variance Application Form. 4. Site Plans, Zoning Sketch and supporting documentation. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. There are no easementsl affecting the land that we are aware of. There is proposed easements to be created with the proposed development. There appears to be an encroaching city watermain running through the property that could possibly be modified or abandoned (per SJ Water) AUTHORIZATION As of the date of this application, 1, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Hughes Surveys & Consultants Inc. 1 Matthew Blain on behalf of Sea Street Manor Ltd. OuP„, See Owners Authorization on General Application Registered Owner or Authorized Agent Additional Registered Owner March 17, 2021 Date Date 146 L 1= z 6 483 SEA STR� 483 SEA STREET f -:::jN J CT co 5.50 (TYP) c� co 0 _ 6.70 —� (TYP) IIv J 0 PID 00385781 SEA STREET MANOR LTD PROPERTY Area to remain CFN from PID 00385781 3295 m2 ± i PID 00385807 � PID 00385( f �34� CTl 5.50 (TYP) w Q0 N 6.0 00 J 7.50 r5.85 7\\-35— i y -T'J o mom � ?C O r z�lE OJ �rno� �z oJ y�cc) Uli N cc _L�' \,rn � \ m Area to be g 4 rezoned CFN 2 3772 m± I —� _ z LLI UJ �71 509 SEA STREET ca -- POTENTIAL STO RMwA TER DETENTION AREA PID 55109987 31 26 � � GRAPHIC SCALE (IN METRES) \ 5 0 5 10 15 20 25 "A 1 250 4 A 7 EXISTING LEGEND PROPOSED 0+100 0+100 + CENTRELINE & CHAINAGE + SANITARY SEWER - - WATER MAIN - - WATER MAIN (insulated) --------- STORM SEWER--------- F SANITARY FORCE MAIN F CULVERT CENTRE DITCH - CURB SIDEWALK x x x FENCE LINE (TYPICAL) —X X XU — Li GUIDE RAIL Li Li STREET R.O.W. PROPERTY LINE EASEMENT LINE — — — — — ^ RETAINING WALL " " ^ OH OVERHEAD POWER OH UG UNDERGROUND POWER UG — — BOTTOM of SLOPE — — — — — — TOP of SLOPE BUILDING WATERCOURSE CENTRELINE (brooks, streams, rivers etc.) —- EDGE OF WATER —60.0_ CONTOUR -60. Z _ (elevation in metres) ® SANITARY MANHOLE st STORM MANHOLE sr STORM MANHOLE with CB Frame & Grate ai cg CATCH BASIN m se SLUICE BOX m ® UNDEFINED MANHOLE p� GATE VALVE with BOX ►� ® GATE VALVE with CHAMBER {H HYDRANT m CURB STOP O O o-0 PROPERTY PIN UTILITY POLE and GUY 0 LIGHT POLE O TRAFFIC SIGNAL BASE O SIGN BH BORE HOLE TP TEST PIT 4� SPOT ELEVATION + 4.8 INDIVIDUAL TREES * 0 SURFACE RUNOFF (Direction/Slope) 3 ABBREVIATIONS SA SANITARY SEWER SAFM SANITARY FORCE MAIN ST STORM SEWER SAW SANITARY OVERFLOW MAIN W WATER MAIN D/W DRIVEWAY AC ASBESTOS CEMENT Conc. CONCRETE Cl CAST IRON DI DUCTILE IRON C ISSUED FOR PRE -APPLICATION 24-APRIL JLP 2020 A ISSUED FOR INFORMATION 03-DEC JLP 2019 No. Revisions Date By HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E2L 5E9 eMail : info®hughessurveys.com Stamp Project Title SEA STREET MANOR 489 SEA STREET Drawing Title SEA STREET MANOR - PHASE 2 PROPOSED NEW BUILDING, PARKING AND STORMWATER ATTENUATION CADD By Chk'd by Scale JLP RET HORZ. 1:250 Project No. Phase Revision Sheet Y19136- C 5 '_J GRAPHIC SCALE (IN METRES) 6 0 6 12 18 24 30 , EXISTING LEGEND PROPOSED 0+100 0+100 + CENTRELINE & CHAINAGE + SANITARY SEWER - - - - WATER MAIN - - WATER MAIN (insulated) --------- STORM SEWER--------- F SANITARY FORCE MAIN F CULVERT CENTRE DITCH - CURB SIDEWALK x x x FENCE LINE (TYPICAL) —X X X— GUIDE RAIL U Li STREET R.O.W. PROPERTY LINE EASEMENT LINE — — — — — " RETAINING WALL " OH OVERHEAD POWER OH uG UNDERGROUND POWER uG BOTTOM of SLOPE — — — — — — TOP of SLOPE BUILDING WATERCOURSE CENTRELINE (brooks, streams, rivers etc.) EDGE OF WATER —60.0_ CONTOUR -60. Z _ (elevation in metres) ® SANITARY MANHOLE s� STORM MANHOLE sr STORM MANHOLE with CB Frame & Grate ai cg CATCH BASIN m sg SLUICE BOX m ® UNDEFINED MANHOLE D4 GATE VALVE with BOX ►� ® GATE VALVE with CHAMBER {H HYDRANT m CURB STOP O O PROPERTY PIN UTILITY POLE and GUY LIGHT POLEt O TRAFFIC SIGNAL BASE O SIGN BH BORE HOLE TP TEST PIT SPOT ELEVATION + 4.8 INDIVIDUAL TREES 0 SURFACE RUNOFF (Direction/Slope) 3 ABBREVIATIONS SA SANITARY SEWER SAFM SANITARY FORCE MAIN ST STORM SEWER SAW SANITARY OVERFLOW MAIN W WATER MAIN D/W DRIVEWAY AC ASBESTOS CEMENT Cones CONCRETE Cl CAST IRON Di DUCTILE IRON I C I ISSUED FOR PRE -APPLICATION 24-APRIL 3LP I 2020 A ISSUED FOR INFORMATION 03-DEC JLP 2019 No. Revisions Date By HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. (WEBSITE: www.hughessurveys.com) 575 Crown Street Saint John , NB E2L 5E9 Stamp Project Title SEA STREET MANOR 489 SEA STREET Drawing Title Tel : (506)634-1717 Fax : (506)634-0759 eMail : info®hughessurveys.com SEA STREET MANOR - PHASE 3-OPT PROPOSED NEW PUBLIC STREET TOWNHOUSE DEVELOPMENT CADD By JLP Chk'd by I Scale tftIIIIIIIIIIIIIII � 0 0 M:Eel a �TiIf Project No. Y19136- Phase I Revision I Sheet 0M Page 1 of 1 149 142'-0" 10'-10" 5'-6" 10'-6" 10'-6" 5'-6" 10'-6" 10'-6" 5'-6" 19'-4" 10'-6" 5'-6" 10'-6" 10'-6" 5'-6" 10'-10" i1/A-5 / / #2/A-5 / ❑ \ I I � ❑ a \ I I � 1:1 � \ \ ON 16R \ 106B I / F \ E--I I D106 � STAIR BEDRM-12 BEDRM-11 BEDRM-10 ATION ROOM � BEDRN-8 BEDRM- 111 BEERM-6 M -_5 /BED10R9_ 10 oL I / /\ \\1\06 / � / CORRIDOR CORRIDORCN N HALFWALL HALFWALL D104A \ \ i BEDRM-13 J = 32x54 I I / i I / \ F I 327 Z W I J = / `O O \ _ I / OFFICE \ \ BTHRM� 36x60 1 El I SALON - 7B \ W 130 I L -'- f� `= PANTRY 131 I -�- J 11 13'-6" I a D104A C0C I I \ \ ol,� m LIVING ROOM DINING q ; d KITCHEN STORAGE 134 5-21/2" / I M= CD l - - -I� ROOM i I �__ I _ _ _ / I — o / m x I M l i I \ r - � - I 44-2" i L--J J STAFF STAFF LOCKERS i'I- V� - m � = 5'-6 1/2" , M WASHER WASHER DRYER DRYER 5'-6 1 /2" �LJLL L W�R 126 - BEDRM-14 121 Lz= ``'J LLJ\ _ fix60 I I \ I I \ MECH Q M N / 04 / = - - a O I I / I LAUNDRY LLJ J= �' 3264DQ - I HALFWALL - - o cm\ o I FOLDING `�' TABLE i N \ HALFWALL D102A _32� sy \ CORRIDOR CORRIDOR FG�s 102 L� / \ L� \ D 102A \ o o / c) -- o / 0�6,9 \ o �J i \ o ��--JJ BE::DRM-15 // \\ BEDRM-16 BE DRM-17 // \\ BEDRM 18 FOYER BE DRM-1 // \\ BEDRM-2 D1036 BEDRM-3 // \\ BEDRM 4 - ❑ D106B D106\:� 123 J 124 25 00 101 ri D1046 103 10412 105 D1056 D1066 06 1066D4 D❑ o / \ o J1/A-5 0 / \ o /2/A-5 00 VESTIBULE 100 10'-10" 5'-6" 10'-6" 10'-6" 5'-6" 10'-6" 10'-8" 26'-8" 10'-6" 10'-6" 5'-6" 10'-10" 64'-0" 14'-0" 64'-0" 142'-0" 1 FIRST FLOOR PLAH SCALE: 5/16" = 1'-0" —9000 General Notes: 1. THE CONTRACTOR IS HELD RESPONSIBLE TO VERIFY ALL DIMENSIONS, THEIR RELATIONSHIP TO EXISTING SITE CONDITIONS AND THE PROPOSED WORK INTENDED FOR INSTALLATION PRIOR TO COMMENCING OR INSTALLING THE WORK. REPORT ANY DISCREPANCIES THAT MAY AFFECT THE WORK TO THE CONSULTANT FOR REVISION PRIOR TO PROCEEDING. ALL WORK INSTALLED SHALL BE DEEM AS BEING VERIFIED BY THE CONTRACTOR AND BECOMES THE CONTRACTOR'S SOLE RESPONSIBILITY FOR CORRECTNESS. 2. PERFORM ALL WORK TO THE LATEST EDITION OF THE NATIONAL BUILDING CODE OF CANADA. OLYLINE P.. DES113NS RESIDENTIAL / COMMERCIAL BUILDING DESIGN ARCHITECTURAL SUPPORT TECHNOLOGY DRAFTING and GRAPHIC SERVICES 437 PICADILLY ROAD — PICADILLY, NEW BRUNSWICK — E4E 5J7 TEL: 506.434.1157 FAX: 506.433.5496 EMAIL: kelly®polylinedesigns.co Stamp: �1:�►���`+'� 1 Eg, 2020 SEA STREET MANOR_ 18 BED SPECIAL CARE HOME S A I N T J 0 H N N E W B R U N S W I C K Drawing Title: FIRST FLOOR PLAN Project No: 9D19-614 Drawn By: KAP GRM / Date: JANUARY 2020 Scale: 1 AS SHOWN PA-1 MIMI 150 5ECOMD FLOOR PLAM SCALE: 5/16" = 1'-0" General Notes: 1. THE CONTRACTOR IS HELD RESPONSIBLE TO VERIFY ALL DIMENSIONS, THEIR RELATIONSHIP TO EXISTING SITE CONDITIONS AND THE PROPOSED WORK INTENDED FOR INSTALLATION PRIOR TO COMMENCING OR INSTALLING THE WORK. REPORT ANY DISCREPANCIES THAT MAY AFFECT THE WORK TO THE CONSULTANT FOR REVISION PRIOR TO PROCEEDING. ALL WORK INSTALLED SHALL BE DEEM AS BEING VERIFIED BY THE CONTRACTOR AND BECOMES THE CONTRACTOR'S SOLE RESPONSIBILITY FOR CORRECTNESS. 2. PERFORM ALL WORK TO THE LATEST EDITION OF THE NATIONAL BUILDING CODE OF CANADA. OLYLINE P.. ESIGNS RESIDENTIAL / COMMERCIAL BUILDING DESIGN ARCHITECTURAL SUPPORT TECHNOLOGY DRAFTING and GRAPHIC SERVICES 437 PICADILLY ROAD — PICADILLY, NEW BRUNSWICK — E4E 5J7 TEL: 506.434.1157 FAX: 506.433.5496 EMAIL: kelly®polylinedesigns.ca Stamp: iviV. VIN C'itAXV4 %1Eg,2o20 SEA STREET MANOR_ 18 BED SPECIAL CARE HOME S A I N T J 0 H N I N E W B R U N S W I C K Drawing Title: BASEMENT FLOOR PLAN Project No: 9D19-614 Drawn By: KAP GRM / Date: JANUARY 2020 Scale: 1 AS SHOWN PA-2 151 00 on 00 I I I -------------------------------------------------------------------J-1 r— r- --------------------------------------------------------------------------- Ir � rl------------------- 4 BACK ELEVATIOM SCALE: 1/8" = P-a' 12 � 14 T WALL PLATE _ 108'-1 1/8" WINDOW HEADER_ 106'-11" 00 OL T FLOOR SLAB 100'-0" I I I I I I I I I �------------------------------------------------------------------- I I L------------------------------------------------------------ L-------� L�1----------------- - - L - - - - - - - - - - - - - - - - - - - L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. z FRONT ELEVATIOM 5CALE; 1/8" = P-0° General Notes. 1. THE CONTRACTOR IS HELD RESPONSIBLE TO VERIFY ALL DIMENSIONS, THEIR RELATIONSHIP TO EXISTING SITE CONDITIONS AND THE PROPOSED WORK INTENDED FOR INSTALLATION PRIOR TO COMMENCING OR INSTALLING THE WORK. REPORT ANY DISCREPANCIES THAT MAY AFFECT THE WORK TO THE CONSULTANT FOR REVISION PRIOR TO PROCEEDING. ALL WORK INSTALLED SHALL BE DEEM AS BEING VERIFIED BY THE CONTRACTOR AND BECOMES THE CONTRACTOR'S SOLE RESPONSIBILITY FOR CORRECTNESS. 2. PERFORM ALL WORK TO THE LATEST EDITION OF THE NATIONAL BUILDING CODE OF CANADA. OLYLINE P.. 'DESIGNS RESIDENTIAL / COMMERCIAL BUILDING DESIGN ARCHITECTURAL SUPPORT TECHNOLOGY DRAFTING and GRAPHIC SERVICES 437 PICADILLY ROAD — PICADILLY, NEW BRUNSWICK — E4E 5J7 TEL: 506.434.1157 FAX: 506.433.5496 EMAIL: kelly®polylinedesigns.ca Stamp: ICAA 1 Eg, 2020 L _ 11 TLWALL PLATE WINDOW HEADER 108'-1 1/8" qr 106'-11" 00 TLLOOR SLAB 100'-0" ------------------ I-------- I L------------------I� \ ` - - - - - - - - - - - - - - - - - - - J I I I ri--------------------------------------------------------------------- L I L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I I I I I I ----------------- � — 3 RIGHT ELEVATIOM 5CALE; 1/8" = P-0° I I I I r'---------------------------------------------------------------------Li L- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 LEFT ELEVATIOM SCALE: 1/811 = 11-011 SEA STREET MANOR _1 18 BED SPECIAL CARE HOME S A I N T J 0 H N N E W B R U N S W I C K Drawing Title: ELEVATIONS WALL PLATE ADER 108'-1 1/8" 11" T i 100=0" T FLOOR TWALL PLATE 98'-7 1/4" N 00 i i T FLOOR SLAB 90'-10 3/4" 1EADER 6'-11" C' 00 Project No: 9D19-614 Drawn By: KAP GRM / Date: JANUARY 2020 Scale: 1 AS SHOWN 00 i i� IWALL PLATE 108'-1 1/8" 00'-0" T FLOOR ILWALL PLATE 98'-7 1/4" TLFLOOR SLAB 90'-10 3/4" PA-3 MIMI 152 General Notes: 1. THE CONTRACTOR IS HELD RESPONSIBLE TO VERIFY ALL DIMENSIONS, THEIR RELATIONSHIP TO EXISTING SITE CONDITIONS AND THE PROPOSED WORK INTENDED FOR INSTALLATION PRIOR TO COMMENCING OR INSTALLING THE WORK. REPORT ANY DISCREPANCIES THAT MAY AFFECT THE WORK TO THE CONSULTANT FOR REVISION PRIOR TO PROCEEDING. ALL WORK INSTALLED SHALL BE DEEM AS BEING VERIFIED BY THE CONTRACTOR AND BECOMES THE CONTRACTOR'S SOLE RESPONSIBILITY FOR CORRECTNESS. 2. PERFORM ALL WORK TO THE LATEST EDITION OF THE NATIONAL BUILDING CODE OF CANADA. EERED ROOF ;EE STRUCTURAL PRE —BENT ALUMINUM DRIP EDGE PRE —BENT ALUMINUM FASCIA /WALL PLATE 108'-1 1/8" '"x6" SUB —FASCIA 4 WALL 5ECTIOM SCALE: 5/4" = 1'-0" 5 WALL 5ECTIOM SCALE: 5/4" = 1'-0" OLYLINE P.. 'DESIGNS RESIDENTIAL / COMMERCIAL BUILDING DESIGN ARCHITECTURAL SUPPORT TECHNOLOGY DRAFTING and GRAPHIC SERVICES 437 PICADILLY ROAD — PICADILLY, NEW BRUNSWICK — E4E 5J7 TEL: 506.434.1157 FAX: 506.433.5496 EMAIL: kelly®polylinedesigns.ca ) ROOF TRUCTURAL BENT ALUMINUM DRIP EDGE BENT ALUMINUM FASCIA PLATE 1 1/8" SUB —FASCIA Stamp: "'N IL LVA CIAA� 1 Eg, 2o20 12 14 SEE DETAIL #2/A-6 I 11'-0" 5'-11" 18'-2" 5-11" 11 —0" BEDRM-6 111 CORRIDOR 102 PANTRY STORAGE 134 CORRIDOR 102 BEDRM-1co 104 I I ; co I I I — \ co I 16'-11 " 18'-2" 5'-11 " BASEMENT 001 I ELEV MECH 004 I I I I z CR055 5ECTIOM SCALE: 1/4" = 1'-0" 12 14 _VWALL PLATE 108'-1 1/8" T FLOOR 100'-0" ;ONCRETE WALL 98'-5 3/4" TOOR SLAB D-1034 SEE DETAIL #1/A-6 52 0" BEDRM-10 116 CORRIDOR 102 SALON 131 STAFF LOCKERS 126 CORRIDOR 102 BEDRM-17co 124 I I co I 1 CR055 51CTIOM 5CALE: 1/4" = 1'-0" SEA STREET MANOR_ 18 BED SPECIAL CARE HOME S A I N T J 0 H N N E W B R U N S W I C K Drawing Title: CROSS SECTIONS WALL SECTIONS Project No: 9D19-614 Drawn By: KAP GRM / Date: JANUARY 2020 Scale: AS SHOWN " _VWALL PLATE 108'-1 1/8" VFLOOR SLAB 100'-0" qr PA-4 MIMI 153 1 •� I 1 Y L O \ I I I t I L 1 - 40.0 I ' -- 38.0 I a �— 3 6. 0 1 0 r, M 00394-q7,�- R 2 to C F� . 30.0 28.0 26.0 ,1 _ - r HUGHES SURVEYORS - ENGINEERS Hughes Surveys & Consultants Inc. (WEBSITE: www.hughessurveys.com) 575 Crown Street Tel : (506)634-1717 Saint John , NB Fax : (506)634-0759 E21- 5E9 eMail : hs@hughessurveys.com NOTES CONTOURS ARE DERIVED FROM 2009 LIDAR DATA AND ARE AT 0.5m INTERVALS. PROPERTY LINES ARE DERIVED FROM SNB DIGITAL PROPERTY MAPPING AND SHOULD BE CONSIDERED APPROXIMATE ONLY. IMAGERY FLOWN IN 2015. Il i PIC �� o 00471557 P 30.0 SEA STREET MANOR LTD. PROPERTIES PID 00385781, 00471557, 003949673 (City Property) SEA STREET Et WOODVILLE ROAD, SAINT JOHN, NB Scale 1:500 meters 10 0 10 20 30 40 50 meters Gl Currently Zoned: CFN- Ar 4, R2- r -- C � Proposed rezoned: � - CFN- RL- t' -fair _.. .. • • = 1 1 i : cur. ' PROPOSED ZONING BY-LAW AMENDMENT AND SECTION 59 AMENDMENT RE: 489 SEA STREET AND 0 WOODVILLE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held through remote participation on Monday, July 12, 2021, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 0.38 hectares, located adjacent to 489 Sea Street also identified as a portion of PID Number 00471557, from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN); 2. Rezoning a parcel of land having an area of approximately 0.14 hectares, located at 489 Sea Street also identified as a portion of PID Number 00385781, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL); 3. Rezoning a parcel of land having an area of approximately 1.79 hectares, located at 0 Woodville Road also identified as PID Number 00394973 and a portion of PID Number 00471557, from Two -Unit Residential (R2) to Low Rise Residential (RL) as shown on the map below; and PROJET DE MODIFICATION DU L'ARRETE DE ZONAGE, ET L'ARTICLE 59 OBJET : 489, RUE SEA ET 0, CHEMIN WOODVILLE Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention d'etudier la modification suivante a I'Arrete de zonage de la ville de Saint John lors de sa reunion qui sera tenue par participation A distance le lundi 12 juillet 2021, A 18 h 30. 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 0,38 hectares, situee a cote de 489, rue Sea, et portant une partie de NID 00471557 de zone residentielle bifamiliale (R2) a zone d'installations communautaires de quartier (CFN); 2. Rezonage d'une parcelle de terrain d'une superficie d'environ 0,14 hectares, situee a 489, rue Sea, et portant une partie de NID 00385781 de zone d'installations communautaires de quartier (CFN) a zone residentielle — Immeubles d'habitation bas (RL); 3. Rezonage d'une parcelle de terrain d'une superficie d'environ 1,79 hectares, situee a 0, chemin Woodville, et portant de NID 00394973 et une partie de NID 00471557 de zone residentielle bifamiliale (R2) a zone residentielle — Immeubles d'habitation bas (RL), comme le montre la carte ci-dessous; et 4. Amending the Section 59 conditions 4 imposed on the September 13, 2010 rezoning of the property located at 489 Sea Street also identified as PID 00385781 to permit a revised proposal. Modification des conditions de I'article 59 imposees relativement au rezonage du 13 septembre 2010 de la propriete situee au 489, rue Sea, et portant le NID 00385781, pour permettre la preparation d'une proposition revisee. 155 REASON FOR CHANGE: To construct an additional building for a special care home and to construct a residential subdivision. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk(a)_saintlohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. You can do so by submitting your comments on Monday, July 12, 2021, at 6:30 p.m. through remote participation. To register for participation in the hearing, either by videoconferencing or by telephone, please contact the City Clerk's RAISON DE LA MODIFICATION: Construire un immeuble additionnel pour un foyer de soins speciaux et la construction d'un lotissement residentiel. Pour obtenir des precisions sur la fagon d'examiner la modification a 1'arrete ou pour vous inscrire en vue de participer a la reunion, veuillez communiquer avec le Bureau du greffier communal a I'adresse courriel suivante: CommonClerk(a_)saintlohn.ca. Les objections a la modification peuvent titre fournies par ecrit ou verbalement lors de I'audience publique qui sera tenue par le conseil communal. Vous pouvez soumettre vos commentaires le lundi 12 juillet 2021, a 18 h 30 par participation a distance. Pour 156 Office in advance at commoncierk(a)saintlohn.ca Signed letters should be addressed to the Mayor and Members of Common Council, City of Saint John, P.O. Box 1971, Saint John, NB, E2L 41-1, and should be received on or before Wednesday, July 7, 2021. Letters can also be sent by facsimile to the City Clerk's Office at (506) 674-4214, or by e-mail at commonclerk@saintjohn.ca. All submissions will be provided to Common Council for consideration as part of the public hearing process. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 vous inscrire a la participation a distance, par videoconference ou par telephone, veuillez communiquer au prealable avec le Bureau du greffier communal de la ville a I'adresse courriel suivante : commonclerk(a)-saintiohn.ca Les lettres signees doivent titre adressees au maire et aux membres du conseil communal, Ville de Saint John, C.P. 1971, Saint John, NB, E2L 41-1, et doivent titre reques le mercredi 7 juillet 2021 ou avant. Les lettres peuvent aussi titre transmises par telecopieur au bureau du greffier de la ville au (506) 674- 4214 ou par courriel a commonclerk@saintjohn.ca. Toutes les presentations seront fournies au conseil communal aux fins d'examen dans le cadre du processus d'audience publique. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 157 BY-LAW NUMBER C.P. 111-X ARRETE NO C.P. 111-X ARRETE A LAW TO AMEND THE ZONING BY- MODIFIANT L'ARRETE DE ZONAGE LAW DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN ARRETE No C.P. 111-X Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.38 hectares, located adjacent to 489 Sea Street also identified as a portion of PID Number 00471557, from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN); 2. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.14 hectares, located at 489 Sea Street also identified as a portion of PID Number 00385781, from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL); 3. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.79 hectares, located at 0 Woodville Road also identified as PID Number 00394973 and a portion of PID Number 00471557, from Two -Unit Residential (R2) to Low Rise Residential (RL). Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0,38 hectares, situee a cote de 489, rue Sea, et portant une partie de NID 00471557 de zone residentielle bifamiliale (112) a zone d'installations communautaires de quartier (CFN); 2. La modification de I'annexe «A» , Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0,14 hectares, situee a 489, rue Sea, et portant une partie de NID 00385781 de zone d'installations communautaires de quartier (CFN) a zone residentielle — Immeubles d'habitation bas (RL); 3. La modification de I'annexe «A» , Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1,79 hectares, situee a 0, chemin Woodville, et portant de NID 00394973 et une partie de NID 00471557 de zone residentielle bifamiliale (R2) a zone residentielle — Immeubles d'habitation bas (RL). 158 - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of July, A.D. 2021 and signed by: Mayor/Maire toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X juillet 2021, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 159 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 7th day of October, A.D. 2019, is hereby amended as follows: 1. Schedule "M" — Loading Zones is amended by deleting the following words under the following headings: Street Side Limits Canterbury East Commencing at a Street point 27 metres south of Grannan Street and extending 15 metres Southerly 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: Par les presentes, Farrete de The City of Saint John intitule « Arret& relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. L'annexe « M » — Zones de chargement est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites rue Canterbury est a partir d'un point situ& a 27 metres au sud de la rue Grannan jusqu'a un point situ& 15 metres plus loin en direction sud 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 First Reading - June 28, 2021 Premiere lecture Second Reading - June 28, 2021 Deuxieme lecture Third Reading - Troisieme lecture - le 28 juin 2021 - le 28 juin 2021 160 A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN, BY-LAW NUMBER MV-10.1, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN, ARRETE NUMERO MV-10.1, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1" and amendments thereto, enacted on the 7th day of October, A.D. 2019, is hereby amended as follows: 1. Schedule "A-l" — Parking for Specified Times 08:00 to 17:00 is amended by adding the following words under the following headings: Street Side Limits Charlotte Street West Union Street to North Market Street 2. Schedule `B" — No Parking Anytime is amended by deleting the following words under the following headings: Street Side Limits Charlotte West Union Street to Street King Square South Charlotte Both Union Street to Street King Square South save and except the Loading Zones set out in Schedule «M„ Par les presentes, 1'arrete de The City of Saint John intitule « Arrete relatif a la circulation dans les rues de The City of Saint John, Arrete numero MV-10.1 » et modifications afferentes, decrete le 7e jour d'octobre 2019, est modifie comme suit: 1. L'annexe « A-1 » — Stationnement a des heures precisees 8 h a 17 h est modifie par 1'adjonction des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte ouest de la rue Union a la rue North Market 2. L'annexe « B » — Interdiction de stationner en tout temps est modifie par la suppression des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte ouest de la rue Union a la place King Sud rue Charlotte des de la rue Union a la deux place King Sud, cotes sauf dans les zones de chargement enumerees a 1'annexe « M » 161 3. Schedule `B" — No Parking Anytime is amended by adding the following words under the following headings: Street Side Limits Charlotte East King Square North Street to King Square South Charlotte West North Market Street Street to King Square South 4. Schedule "I" — No Overnight Parking is amended by adding the following words under the following headings: Street Limits Charlotte Street Union Street to North Market Street 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: 3. L'annexe « B » — Interdiction de stationner en tout temps est modifie par Fadjonction des mots suivants sous les titres suivants : Rue Cote Limites rue Charlotte est de la place King Nord a la place King Sud rue Charlotte ouest de la rue North Market a la place King Sud 4. L'annexe o I » — Interdiction de stationner la nuit est modifie par Fadjonction des mots suivants sous les titres suivants : Rue Limites rue Charlotte de la rue Union a la rue North Market 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 First Reading - June 28, 2021 Premiere lecture Second Reading - June 28, 2021 Deuxieme lecture Third Reading - Troisieme lecture - le 28 juin 2021 - le 28 juin 2021 162 A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION OF PARKING IN THE CITY OF SAINT JOHN, BY-LAW NUMBER LG-8, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA REGLEMENTATION DU STATIONNEMENT DANS THE CITY OF SAINT JOHN, ARRETE NUMERO LG-8, ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une r6union du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8" and amendments thereto, enacted on the 27th day of January, A.D. 2020, is hereby amended as follows: 1. Schedule "A" — Parking Zones is amended by deleting the following words under the following headings: Street Side Limits Charlotte Street East Union Street to King Square North 2. Schedule "A" — Parking Zones is amended by adding the following words under the following headings: Street Side Limits Charlotte East Commencing at a Street point 7 metres south of Union Street and extending 16 metres southerly Charlotte East Commencing at a Street point 8 metres north of King Square North and Par les pr6sentes, 1'arret6 de The City of Saint John intitul6 « Arr&6 relatif a la r6glementation du stationnement Bans The City of Saint John, Arret6 num6ro LG-8 » et modifications aff6rentes, d6cr&t6 le 27' jour de janvier 2020, est modifi6 comme suit: 1. L'annexe « A » — Zones de stationnement est modifi6 par la suppression des mots suivants sous les titres suivants : Rue C6te Limites rue Charlotte est de la rue Union au carr& King Nord 2. L'annexe o A » — Zones de stationnement est modifi6 par Padjonction des mots suivants sous les titres suivants : Rue C6te Limites rue Charlotte est a partir d'un point situ6 a 7 m6tres au sud de la rue Union jusqu'a un point situ6 16 m6tres plus loin en direction sud rue Charlotte est a partir d'un point situ6 a 8 m6tres an nord de la place King Nord jusqu'a un point situ& 14 163 extending 14 metres northerly Charlotte West Union Street to Street North Market Street 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: metres plus loin en direction nord rue Charlotte ouest de la rue Union a la rue North Market 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 First Reading - June 28, 2021 Premiere lecture Second Reading - June 28, 2021 Deuxieme lecture Third Reading - Troisieme lecture - le 28 juin 2021 - le 28 juin 2021 164 The City of Saint John zozo ANNUAL WORKFORCE REPORT j SAINT JOHN TABLE OF CONTENTS TABLE OF CONTENTS SECTION 1: INTRODUCTION 3 SECTION 2: HUMAN RESOURCES ADMINISTRATION 5 The Organizational Establishment............................................................................................................. 5 GroupHealth Benefits..................................................................................................................................... 6 SharedRisk Pension Plan.............................................................................................................................. 7 SECTION 3: WORKFORCE PLANNING 8 Demographics by Employee Groups (December 31, 2020)............................................................... 9 Workforce Retirement Eligibility Next 3 Years.................................................................................. 10 ManagingTurnover....................................................................................................................................... 11 Recruitment and Selection......................................................................................................................... 12 Total Hires by Employee Group (Casual and Permanent combined) ......................................... 13 Temporary/Casual Employment (Additional Temporary Complement) .................................. 13 StaffingTrends................................................................................................................................................ 15 Employee Training and Development.................................................................................................... 15 WorkforceUtilization Rate........................................................................................................................ 17 SECTION 4: EMPLOYEE HEALTH, SAFETY & WELLNESS 18 Corporate Safety Scorecard........................................................................................................................ 18 Attendance and Absenteeism.................................................................................................................... 19 Injuryon Duty................................................................................................................................................. 20 WorkSafeNBCost of Claims........................................................................................................................ 20 EmployeeWellness....................................................................................................................................... 21 SECTION 5: LABOUR RELATIONS 22 CollectiveBargaining.................................................................................................................................... 22 Grievances........................................................................................................................................................ 23 SECTION 6: SALARY & BENEFITS 24 2020 City Operating Budget: By Expense.............................................................................................. 25 2020 Salary & Benefits: Summary by Employee Group................................................................... 26 2020 Operating Budget: Total Salary and Benefits........................................................................... 27 2020 Base Salary by Employee Group and Pay Band........................................................................ 27 Cityof Saint John............................................................................................................................................ 28 CUPELocal 486: Inside Workers................................................................................................................................................28 CUPELocal 18: Outside Workers...............................................................................................................................................29 Saint John Firefighters IAFF#771.............................................................................................................................................30 Management/Professional Staff.................................................................................................................................................31 Non -Union Administration............................................................................................................................................................32 Saint John Transit Commission................................................................................................................. 33 SaintJohn Police Force................................................................................................................................ 34 SaintJohn Police Association.......................................................................................................................................................34 Saint John Police Force Management.......................................................................................................................................35 Saint John Police Force: Inside Workers CUPE Local 486...............................................................................................35 Management: Public Safety Communications Centre (911)..........................................................................................36 Inside Workers: Public Safety Communications Centre (911).....................................................................................36 Wage Increases: 17-Year Summary......................................................................................................... 37 CPI and Wage Trends (Compounded): 2004 - 2020......................................................................... 38 Wage Increases compared to Assessment Base Tax Growth......................................................... 39 SECTION 7: OBSERVATIONS & RECOMMENDATIONS 40 Health, Safety and Wellness....................................................................................................................... 41 Recommendations............................................................................................................................................................................41 Trainingand Development........................................................................................................................ 42 Recommendations............................................................................................................................................................................42 Attractionand Retention............................................................................................................................ 43 Recommendations............................................................................................................................................................................43 SECTION 8: CITY MANAGER'S CONCLUDING REMARKS 44 3 SECTION 1: INTRODUCTION This is the second edition of the Annual Workforce Report for the City of Saint John. The report highlights the contributions of employment (the people of our organization) along with associated costs, to the delivery of municipal services, and to the achievement of the City's Mission, Vision, and Strategic Directions. The Annual Workforce Report provides a detailed review of key metrics. Table 1 presents a summary of these measures. As Canada's oldest incorporated City, our boundaries encompass approximately 315 square kilometers of urban, suburban, and rural neighbourhoods. Residents of the City enjoy rich and diverse neighbourhoods and lifestyle options that embrace and celebrate cultural and personal expression and distinctiveness. We are known as a city on the water with more coastline than any other New Brunswick municipality. Our Central Business District ("Uptown Saint John") as well as many of our residential neighbourhoods are uniquely situated along the world famous Bay of Fundy and enjoy some of the most picturesque views eastern Canada has to offer. Saint John was founded as a port city and remains very active in this industry today. We also have a well - developed base of primary extraction and secondary manufacturing industries which employ thousands across the greater Saint John Region. City services are delivered by approxiately 585 City employees, who are members of the following employee groups: Inside Workers, Outside Workers, Firefighters, and Management/Professional staff. Applicable data and information related to the Saint John Police Commission, Saint John Transit Commission, and Saint John Parking Commission, has been included in select tables for comparison purposes. Our employees provide a wide range of services to our residents daily, and also to many visitors and commuters ranging from street maintenance, drinking water, building permits to public safety. The City's workforce underwent the most significant transformation in decades during 2020, including contractually driven reductions through attrition of various position establishments, and a comprehensive organizational restructure. The overarching goal of repositioning our workforce is to achieve service sustainability and to satisfy the emerging and anticipated future needs of our community. Going forward, alignment of workforce complement, qualitatively and quantitatively, with projected service demand will be addressed through the strategic human resources planning process. rd Table 1 Number of Permanent 628 Employees 585 Average Employee Age 46 44 Average Employee Years of 15.9 15.3 Service Number of Grievances Filed 3 7 30 Number of External Hires 32 Number of Internal Moves 32 31 Employee Turnover Rate 4.6% 9.1% Employee Retirements 20 48 Average Sick Days per Employee (Based on a 7-hour day) 10.6 9.2 Total Employee Accidents 51 38 Lost Time Accidents 24 17 Training Cost per Employee $770 $774 82.6% Workforce Utilization Rate 72.7% 5 SECTION 2: HUMAN RESOURCES ADMINISTRATION Human Resources administration addresses the processes that build structure around employment including permanent approved full-time equivalents (FTEs) and employee benefits. The Organizational Establishment The Establishment (Table 2) is the approved number of full-time permanent positions in each employee group. The overall Establishment is approved annually by Common Council during the budget process. The actual number of employees at any time varies according to factors such as vacancies, leaves and temporary positions. Casual, temporary, contract and other forms of non -permanent complement are not included in the Establishment. To strategically position the City to meet the projected future service needs and expectations of our community, a comprehensive organizational restructure was carried out, concluding in 2020. This process involved the elimination of some positions, the creation of others, and the reengineering of still more. All such changes significantly affected the organizational establishment. Further, a Voluntary Separation Program was made available to Management/Professional Staff, Outside Workers, and Inside Workers to reduce employment costs by attrition as an integral component of the City's sustainability strategy. Although limited in scope with clear criteria and standards intended to achieve permanent savings, the program was very well subscribed, resulting in complement reductions for those workforces and attainment of cost reduction objectives. 1.1 Table 2 TOTAL CITY 628 585 *The Saint John Police Force and Saint John Transit totals include management, civilian and unionized staff. Note that Saint John Transit and the Saint John Police Force are included to allow for comparison to other municipalities as well as to recognize increasing strategic linkages and day-to-day collaboration with the City of SaintJohn. Each municipality varies in the delivery of services, for example, municipal police vs. RCMP and/or other external agencies. The City of Saint John establishment includes the Utility: Saint John Water employees. Group Health Benefits The City of Saint John has an Administrative Services Only (ASO) Group Benefits Plan. The Plan is governed by a joint Management/Union committee who reviews the financials, considers and recommends plan design changes, and communicates with all plan members. Plan members are the cardholder for the Group Benefits and include permanent employees and Pensioners. Plan members have the option to select a single or family plan. The monthly premium contribution for a single plan is $163.28 and $271.30 for family as of December 2020. These premiums are cost -shared 75/25% by the employer and employee for active employees. Retirees have the option upon retirement to remain a rl member of the plan and if so, pay 100%of the set premium. Active employees are required to maintain benefit coverage at minimum for themselves with the option to include family coverage. The Plan costs have remained stable which allowed premiums to remain at the same rate since December 2010. Table 3 includes the Group Benefit Plan costs and contributions for the calendar years. The Total Member numbers do not include dependants on the plan. Table 3 *Saint John Police Force members are included in the City of Saint John Group Benefits and are therefore represented in these figures. Shared Risk Pension Plan Eligible City of Saint John and Saint John Police Force employees have the benefit of a Shared Risk Pension Plan. The Plan is mandatoryfor all fulltime permanent employees, who become members on the first day of permanent employment. Casual employees are eligible in some instances when they have been employed for a minimum of twenty-four months and earn a minimum of 35% of YMPE in each of the two calendar years. The employee and employer contribute to the plan which provides a base benefit equal to 1.8% of the Member's Earnings for each year of service on or after January 1, 2013, up to the Normal Retirement age of sixty-five (65), sixty (60) for those in Public Safety Occupations. Employee contributions are 9% of Earnings, apart from those in eligible Public Safety Occupations who contribute 12% of Earnings. The Employer contributes 11.4% of earnings on behalf of all Employees other that those in the Public Safety Occupations where a contribution of 15.2% is required from the employer. In addition to regular pension contributions, the Employer is required to contribute an additional seventeen percent (17%) of earnings for all employees to fund a projected deficit. These additional contributions commenced in April 2013 and will cease on March 31, 2028. SECTION 3: WORKFORCE PLANNING Workforce Planning profiles the dynamics of workforce demographics, turnover, and workforce utilization, which influence the effectiveness of the "human dimension" of municipal services. Table 4 depicts the ratio of residents served by a single municipal employee for the three largest municipalities in New Brunswick. The total FTE for Saint John includes all City employees, Saint John Police Force and Saint John Transit combined. Moncton has policing services through the RCMP and, therefore, does not include numbers for police in their FTE. For comparison purposes, the Codiac RCMP Division that serves Moncton would add approximately 225 personnel to the Moncton establishment and would adjust their employee ratio to 1:81. Saint John's ratio (1:79) is reflective of the large land area serviced, an area larger than both Fredericton and Moncton combined. The population density is a significant stress on Saint John's resource requirements as basic services such as snow clearing, street maintenance and repair, water infrastructure requirements, and transit services must reflect the spread of population across the entire city. While the geographical size of the City increases the cost of all operational services, this is particularly true of Public Works and Transportation, Utility Services and Infrastructure and Parks, whose financial, physical, and human resources are primarily directed to servicing infrastructure and the assets that maintain it. Accordingly, Table 4 illustrates that each City of Saint John employee provides services over a far greater area than their counterparts in Moncton and Fredericton. I Table 4 *Includes the additional 225 RCMP to allow equivalent comparison. Demographics by Employee Groups (December 31, 2020) Table 5 demonstrates that all the City's employee groups are comparable in average age, however, vary in years of service. Our Non -Union administrative group, the smallest working group, also represents the lowest years of service as we have had some new positions and employees added to this group in recent years. Firefighters comparatively have the longest average years of service at 20. Table 5 10 Furthermore, the City of Saint John has a 17% female employee base. The management/professional group, including non -union, is nearly 40% female. This is on par with the average in New Brunswick based on Statistics Canada data, which reports that approximately 48.7% of those in management occupations are female. Gender distribution among the City's workforces will remain a basis for future benchmarking. Workforce Retirement Eligibility Next 3 Years A projection of the number of employees who will have reached retirement age by the end of each of the next three years is illustrated in Table 6. Eligibility to retire is based on the attainment of age 65 for all employees, except protective services, which includes fire, police, and management in these areas, who may retire at age 60. While mandatory retirement at age 65 no longer applies, the data suggests a potential acceleration of turnover beginning in 2021 and continuing through 2023, in particular in the Outside Worker and Fire groups. 11 Managing Turnover Managing turnover will remain a matter of strategic importance for years to come. We must strive to strike the optimum balance between organizational renewal and transmission of corporate knowledge, memory, and competency from our most experienced employees to the next generation. Succession planning and strategic recruitment are the two critical dimensions of turnover management, the former focused on leveraging internal capacity and the latter on addressing gaps in our competency base. Both are essential because together they preserve our ability to fill vacancies with competent, well qualified candidates, to attract and retain critical talent, and to meet the ever -changing needs of the organization over the next three to five years. Turnover increased dramatically in 2020 due to the offering of a Voluntary Separation Program which had 46 employees opt to terminate employment under the program. A distinction should be drawn, however, between turnover associated with organizational transformation such as we experienced in 2020 and normal workforce turnover. The former is necessary but irregular from a metrics perspective while the latter should be the basis for measurement going forward. One such useful metric is the "voluntary permanent employee turnover rate", calculated from the total number of permanent individuals that retired or resigned divided by the average permanent employee headcount. The Municipal Benchmark Network Canada (MBNC) reported the average voluntary turnover rate at 6.0% for 2019, the most recent report available. 12 Table 7 Recruitment and Selection A summary of our recruitment activity, comparing internal and external recruitment for permanentjobs, is provided in Table 8. Our recruitment and selection processes have been continually improved over the years to achieve greater efficiency and effectiveness using online applicant tracking software and streamlining the onboarding processes. Several internal postings and movements because of the organizational restructuring are also accounted for in Table 8. 13 Table 8 Total Hires by Employee Group (Casual and Permanent combined) A summary of our total staffing activity by workforce for 2019 and 2020 including casual and permanent hires is presented a Table 9. Table 9 Temporary/Casual Employment (Additional Temporary Complement) The need for casual staff to augment our permanent workforce is typically significant. Seasonal demand for several services, including recreation programming and landscaping, makes it necessary to invest annually in casual, sessional, and student employment to maintain sufficient service levels. Due to COVID-19, the City did not hire any temporary labourers in the spring as there were high levels of uncertainty surrounding programming and gatherings to use the public spaces, parks and sports fields in particular. Chart 1 shows the hiring trends by month, with the bulk of our typical hiring done April through June, which did not occur in 2020. 14 Temporary postings are also created by leaves of various types taken by permanent employees, by developmental assignments to other Departments, and by secondments to project work. Chart 1 Candidate Placements 70 60 50 40 30 20 10 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2018 2019 2020 Chart 2 100 80 60 40 20 0 Positions Created Jan Feb Mar Apr May J u n Jul Aug Sep Oct Nov Dec 2018 2019 2020 15 Staffing Trends In general, staffing has been lower, with a significant portion being internal movement. There was an average of 54 applicants, internal and external, per posting. It should be noted that we have actively recruited for positions that provide service in both Official Languages, particularly for those in customer -facing roles. This is an essential demonstration of our commitment to the community as well as of due diligence. Notable positions include staffing of Customer Experience Representatives in our new Integrated Customer Service Centre. Most candidates' report viewing our job advertisements using Indeed, with 1149 of the total 2720 listing this as the source. There were, on average, 60 applicants per position for permanent Outside Workers and 105 applicants for casual employment in that workforce. This may be in part to the benefits offered during the COVID-19 pandemic by the federal and provincial government, as well as the hesitation by many to begin new employment during these unpredictable months. Recruitment to Management/Professional and specialized technical positions has proven more challenging due to labour market conditions. In 2020, turnover within these roles was 3.5%. It is often challenging to make favourable comparisons with similar positions in other sectors of the economy based on salary alone. Accordingly, we focus on strategic recruitment based on total compensation, including not only the City's excellent benefits packages but emphasizing organizational culture and the non -monetary benefits of lifestyle enrichment inherent in "the Saint John Experience," i.e., in living and working in Saint John. Employee Training and Development With approximately 50% of our staffing carried out through internal progression (Table 8), we recognize that developing competencies within various establishments is crucial to securing a future of service continuity, improvement, and transformation. Accordingly, we have implemented career development systems that link advancement in employment along a career path with the acquisition of essential competencies (i.e., knowledge, skills, and abilities). Our career path systems also identify competency gaps for redress, where appropriate, through strategic recruitment. Employees are provided with various training opportunities ranging from specialized safety courses and programs to French language training and supervisory and leadership courses. The online training platform has provided an excellent alternative to classroom learning, allowing employees to receive the necessary training on their own schedule and remotely as needed. This has resulted in a significant decrease in costs, primarily due to reduced use of consultant -provided training, lower material and travel costs, and increased development and delivery of tailored in-house curricula through the platform. 16 Table 10 2019 *The total cost of training includes all related travel, conference fees, membership association fees and training costs. ** information unavailable "Investing in a resilient Canadian workforce: 2020 Business Council of Canada Skills Survey" produced by Morneau Shepell in summer 2020, reported that spending per employee is on the decline; however, employers are looking for new ways to train to stretch available funds. Some cost-effective options include targeted learning programs, digital training programs, partnerships with post -secondary institutions, micro -credentials and bootcamps. The City has explored and offered many of these in the last few years with an increased focus on post -secondary partnerships, and digital training. We are developing an initiative in partnership with the University of New Brunswick to deliver a complete online leadership development curriculum to current and aspiring supervisors. Upon implementation, we expect that this self -paced, personal accountability - centred, multi -year program will replace and update the training components of our current Career Development System for our outside workers and provide a framework for new managers and supervisors. In addition to an ongoing emphasis on supporting career development systems, our training and development efforts will be centered upon leveraging staff expertise through mentoring, coaching, and guided experiential learning programs. As a case in point, we plan to deliver in 2021 a new iteration of the "Velocity' Peer Trainer Program in Public Works and Transportation. This program employs a "Train the Trainer" approach focused on increasing our capability to deliver internal training on our major pieces of equipment while limiting overall training costs and increasing service capacity and quality. Expanded use of existing online training software to develop and deliver internal training will result in greater relevance, flexibility and reach in program delivery. An employee engagement survey conducted in September 2019 indicated that employees generally view existing training and development programs as insufficient to meet their 17 career objectives. Going forward, we will continue working toward our goal of preparing individual development plans that align employee aspirations with projected service requirements, including support for maintenance of professional credentialing. Workforce Utilization Rate At a strategic level, the impact of health, safety and wellness programming on overall workforce efficiency and effectiveness is represented by the Workforce Utilization Rate (WUR). The WUR is calculated by dividing the total amount of the various types of non- productive time, such as vacation time, paid sick leave, training, etc., by the total hours paid. The WUR provides the true amount of time employees are on the job, performing the duties of their respective roles, as compared to the total time paid. While every industry is different, and measurement within the service sector can be challenging, a WUR of 85% is considered optimal in many cases. Last year marked the first use of this metric (2019), and this year will provide additional data upon which to establish reasonable internal benchmarking. Ultimately, we will expand to external benchmarks once comparators within the municipal public sector in the Maritimes become available. COVID-19 had a significant impact on this metric in 2020 as the organization was required to adjust shifts and schedules early in the pandemic to ensure the safety of our workforce. Employees were coded to an emergency leave for any shifts they were scheduled off due to COVID-19 and for some months if they were absent due to testing or isolation requirements by Public Health. The overall impact was a utilization rate approximately 10% lower than the previous year. Table 11 SECTION 4: EMPLOYEE HEALTH, SAFETY & WELLNESS Section 4 focuses on people rather than structure, on the employees who deliver service to the community, and on the overall health and well-being of the workforce. Properly considered, the metrics related to absenteeism in all its forms, including sick leave and injury of duty (workplace accidents), are lagging indicators of workforce performance, essentially demonstrating that something is wrong, but of limited use in the development of solutions. Nevertheless, these measures help illustrate the challenge and provide opportunities for benchmarking. Going forward, our intent is to build a suite of leading indicators in health, safety, and wellness to strengthen programming and prevention. 2020 initiatives included action items related to the workplace violence risk assessment conducted in 2019; strengthening our safety standards through policy and procedure development; and enhancing our efforts in employee safety awareness. Specific prevention initiatives include Fire Evacuation Procedures for the new City Hall and the City Market Office Tower and related training. Through partnership with the Parks department a Needle Pickup and Disposal Program was introduced which incorporates occupational hygiene training on associated risk factors. COVID 19 has been and remains our primary safety focus since March 2020. Our objectives are to minimize exposure risk to our employees while engaged in their duties, to ensure personal and organizational compliance and due diligence in the presence of rapidly changing legal requirements, and to provide the necessary logistical, educational, and awareness support to help our employees remain safe at work and at home. City of Saint John was unique among large employers in the Maritimes ensuring all employees were able to safely return to the physical work environment by June 2020. Corporate Safety Scorecard Key leading indicators of safety performance, derived from the City's Safety Management System, are tracked within the safety management system including activities such as daily hazard ID, safety meetings, workplace inspections and job site visits. WorkSafeNB supports the position that organizations which consistently carry out these safe work activities generally experience fewer accidents and lower costs over time. Further, the City's due diligence posture is protected by the system since each of the indicated activities is now legislatively required given amendments to the New Brunswick Occupational Health and Safety Act (NBOHSA) in 2014. 19 Attendance and Absenteeism The Average Number of Sick Days table includes each employee group and is based on the typical daily working hours for the group, as indicated in brackets. The average number of sick days per employee includes both permanent and casual employees. Our corporate average days lost due to sick leave is consistent with benchmarking from sources such as Statistics Canada that reported an average of 12.2 days lost due to illness per employee for the Atlantic Canada region in 2020. When compared against Public Administration, Statistics Canada reported an average of 13.6 sick days in 2020. While our recent experience is below this average, it is undesirable. Given the severe effects of sick time on productivity, customer service, employee morale, and safety, health, and wellness, attendance management is among our key areas of focus going forward. With a considerably leaner workforce, attendance at work and ensuring optimal productivity is a primary concern. COVID-19 presented new challenges related to attendance and overall sick time. Supporting our employees and ensuring a safe environment was a key consideration in shaping the approach. An "Emergency Leave" code was used for a variety of reasons related to COVID including reduced hours to ensure minimal contact within workgroups, positive COVID screening questions and mandatory isolation and quarantine requirements following provincial health guidelines. The City safety team worked closely with WorkSafeNB to update the operational plan throughout the year and refined the control system related to COVID as requirements evolved. Table 12 *This absence data does not include the use of the EM code which was used for days absent due to isolation or testing requirements for periods of the year. 20 Injury on Duty Tables 13 and 14 profile the impact of Injury on Duty (workplace accidents). The number of incidents and days lost in 2020 were impacted by the COVID-19 pandemic due to reduced hours for some employees from March to June, and adjustments to shifts and workgroups for others. With a 48% decrease in lost time claims in one year, the impacts and effectiveness of the safety measures and training implemented over the past number of years are being seen. Table 13 WorkSafeNB Cost of Claims The cost of claims in 2020 was significantly (%) lower than the previous year. This lower cost of claims in 2020 will be a benefit to the overall rates for the next 3 years as the experience is based on a running 3-year average. The experience for the City of Saint John is mid -range for the overall classification group in New Brunswick. The cost of claims is largely driven by the number of days lost due to cost for wage replacement. Table 14 21 Employee Wellness All permanent employees for the City of Saint John and the Saint John Police Force have access to an Employee and Family Assistance Program (EFAP) through Manulife. This benefit offers short-term counselling and assistance for a variety of issues ranging from stress, marital, and family problems, to referrals for financial and legal advice. Table 15A Table 15B The full cost for EFAP is employer -paid based on a monthly premium per active employee. The tables below illustrate the annual cost and the utilization rates for the reported periods. Chart 3 shows the graphical historical usage of the EFAP. Chart 3 M 29.01 % 74.73% 24.02-0% 20. 88% MA___.M Aug 2017 -Jul 2018 Aug 20113 - Ju12020 Aug 2c115 - 4UI Z017 Aug 201 S - ,kkjl 2019 HisWr- Wizatim 22 The City recognizes the importance and impact that overall health and wellness has on employees both at work and at home and, therefore, supports a range of related programs. As examples, all City employees can take advantage of the variety of programs and facilities available at the Canada Games Aquatic Centre at a corporate rate; flu shot clinics are organized annually at various locations for all employees; and the City played a key role in promoting Bell Let's Talk 2020 with a flag raising, activities and resources provided to employees. SECTION 5: LABOUR RELATIONS The City has long recognized the importance of forging respectful, mutually beneficial relationships with its employees, including its unionized workforces and the representatives: CUPE Local 18, Outside Workers; CUPE Local 486, Inside Workers; and IAFF Local 771, Saint John Firefighters. In collaboration with the unions, we have implemented progressive methods of communication and dispute resolution, including the adoption of mutual interest processes, where and when appropriate. We have collaborated on several innovative workforce initiatives to increase the efficiency and effectiveness of service delivery and continue to evolve to allow more flexible and responsive services. Through mutual interest processes, we address issues and concerns as they arise, as demonstrated by our success at resolving all disputes internally in the last two years. Collective Bargaining Collective Bargaining is a process which provides the forum for the parties, the City and its respective bargaining units, to negotiate the obligations of the City as they relate to the rights and benefits of the employees that are represented by the various bargaining agents. The City of Saint John leads and supports collective bargaining for all internal labour negotiation, in addition to providing support and guidance to some of the Agencies, Boards and Commissions. With fiscal sustainability as a primary focus over the past number of years, and the implementation of the Wage Escalation Policy, the aim is for the policy to drive the wage escalation in the future. To achieve and maintain financial sustainability as it relates to collective agreements, the City must remain committed during the bargaining process in achieving relaxation of restrictive work practices. The ability to seasonally lay off and rehire employees as workload dictates, contract out parcels of work when economically advantageous and 23 attain more flexibility as it relates to the deployment and mobility of the workforce are some examples. A new Collective Agreement with CUPE local #18 (Outside Workers) was settled utilizing a hybrid of Interest Based Negotiations and a traditional bargaining approach in 2020. This agreement represents a transformational milestone for both parties, enabling and supporting training and skill enhancement, service quality, operational flexibility, competitiveness, and sustainability going forward. A key milestone in the Outside Workers agreement was the reduction of the required Establishment number to 235. This reduction will be achieved through attrition, in 2020 the organization had 32 employees from the Outside Workers voluntarily separate through an incentive program. Saint John Transit reached an agreement in 2020 with the Amalgamated Transit Union (ATU - Local 1182) at the beginning of 2021. This new agreement will be in effect for a three (3) year term and will expire at the end of 2022. Negotiations were Interest Based, and the Wage Escalation Policy was successfully introduced in the final year of the contract aligning with the City's overall objectives. The Collective Agreement with Fire, Local #771, IAFF also expired on December 31, 2019, and negotiations are in progress. Additionally, the City's Human Resources team is engaged in negotiations with Police, as an example of increased collaboration and business contact between the City and the Saint John Police Force. Grievances Table 16 *All grievances filed in the past two years have been resolved internally, many of which at the first or second stage of the process. 24 SECTION 6: SALARY & BENEFITS The City's salary and benefits programs are among our most important tools for successfully competing in local, regional, and national labour markets, to attract and retain top talent, and to provide first-rate service to our community. The City's total compensation package provides a strategic advantage that we can and should leverage more effectively. Data in Table 17 includes the Saint John Police Force. Table 17 $60,251,846 $64,680,667 $89,225,239 $91,821,841 $159,356,067 $162,586,538 39.52% 39.66% 55.99% 56.48% *Total Salary includes overtime, retro-active pay, early retirement benefits, entitled payouts upon retirement or termination, employer contributions for group benefits, El, CPP, pension and special pension payments equal to 17% of eligible wages in addition to base salary. It is notable from Table 17 (and shown in Chart 4) that 57% of the City's operating budget is committed to the workforce in salary and benefits. The overall commitment of wages and benefits from the City operating budget is much higher since our subsidies to many of the agencies, boards and commissions predominately fund wages. 25 2020 City Operating Budget: By Expense Chart 4 Transfer to Reserves 0.55 Other (Landfill, Print Interes ABCs and $15.: Goods & S, $37.5 In Millions ,enefits 26 2020 Salary & Benefits: Summary by Employee Group Table 18 provides the distribution of salary and benefits costs among the City's workgroups totalling $72 million. The special pension payments of 17% of base salary is notable, representing almost $11 million dollars. As previously noted, this additional payment will cease in 2028 and will provide a necessary reduction in the wages and benefits costs. Protective Services (Fire and Police) account for just over 43% of the establishment (345 employees), and approximately 42.6% of available wages and benefits resources from the budget are committed to these workgroups. Table 18 $8,940,237 $9,477,603 $2,279,760 $1,519,840 13.09% 103 $18,594,444 $19,294,474 $4,649,175 $2,234,570 25.82% 246 $15,460,679 $15,482,966 $4,315,528 $2,628,315 22.12% 144 $11,988,776 $12,120,220 $3,057,138 $2,038,092 16.98% 92 $13,601,667 $14,479,054 $3,968,286 $2,312,283 20.47% 201 $1,386,582 $1,415,644 $123,473 $0 1.52% - *Casuals only qualify for a pension under specific circumstances. To contribute to the required reduction in wages and benefit budget the Management/Professional group will not be receiving any wage increases for 2021 or 2022 and will follow the Wage Escalation Policy for any future Cost of Living adjustments. Outside Workers and Transit have also incorporated the Wage Escalation Policy into future wage adjustments. 27 2020 Operating Budget: Total Salary and Benefits Chart 5 Man OF WAGES & BENEFIT BUDGET: EMPLOYEE GROUP Inside Workers Casuals (CLIPE Local 486) Police (SJ Police 2% 13% Firefighters 22% 2020 Base Salary by Employee Group and Pay Band e Workers Local 18) 26% Tables 19-29 provide a more granular view of salary data, illustrating the distribution of employees within pay bands and the associated salary implications for each level. All information reported as of December 31, 2020. Average salary and maximum total salary include base salary in addition to overtime and/or other entitlements for the year. The percentage in band represents everyone paid in that pay band during 2020. Note that some are partial years due to termination or new hires during the year. City of Saint John CUPE LOCAL486: INSIDE WORKERS The Inside Workers employee group includes a range of administrative and technical staff including building inspectors, engineering technologists, chemical technologists, administrative assistants, and finance clerks working in all City Departments. These are members of CUPE Local 486 and are working under a Collective Agreement expiring December 31, 2021. Many roles within the Inside Worker employee group will be evaluated in 2021 through the Joint Job Evaluation Process, which includes a union/management committee employing an established CUPE job evaluation model to determine appropriate pay band groupings for all new roles and any that have had a significant change. Table 19 $34,371 $37,630 0 Only Casuals in these groups $38,503 $42,232 0 $42,635 $46,823 6 $38,393 $9,790 $6,527 $54,710 $48,397 $46,768 $51,415 16 $47,942 $12,225 $8,150 $68,317 $70,981 $50,906 $56,007 12 $59,382 $15,142 $10,095 $84,619 $79,737 $55,498 $61,116 13 $50,342 $12,837 $8,558 $71,737 $65,033 $60,092 $66,223 21 $67,279 $17,156 $11,437 $95,872 $83,286 $64,688 $71,325 24 $72,663 $18,529 $12,353 $103,545 $103,372 $69,277 $76,425 20 $74,724 $19,055 $12,703 $106,482 $101,788 29 CUPE LOCAL 18: OUTSIDE WORKERS The Outside Worker employee group includes skilled labour and other front-line operational roles in a variety of Departments and Divisions including Parks, Public Works and Transportation, Utilities and Infrastructure, and Community Services. Outside workers provide essential services such as snow removal, sanitation, wastewater collection and treatment, drinking water treatment and distribution, stormwater management, and maintenance of our parks and recreation facilities. Employees in this group are members of CUPE Local 18 and are covered by a new Collective Agreement effective Jan 1, 2020 and expiring December 31, 2024. New in 2020 was the introduction of a Labourer level within the Job Set which will allow further flexibility to provide required services at sustainable rates. Table 20 $20.00 $41,600 0 $41,600 $10,608 $7,072 $59,280 0 $24.76 $51,501 4 $43,905 $11,196 $7,464 $62,565 $53,993 $25.43 $52,894 12 $54,219 $13,826 $9,217 $77,262 $56,573 $26.13 $54,350 16 $56,927 $14,516 $9,678 $81,121 $71,004 $26.81 $55,765 15 $57,859 $14,754 $9,836 $82,449 $61,497 . $27.48 $57,158 23 $58,632 $14,951 $9,967 $83,551 $63,200 $28.16 $58,573 73 $60,921 $15,535 $10,357 $86,812 $74,063 $28.84 $59,987 26 $69,020 $17,600 $11,733 $98,354 $86,653 $29.53 $65,261 38 $65,795 $16,778 $11,185 $93,758 $91,116 $30.20 $66,742 9 $64,441 $16,432 $10,955 $91,828 $90,990 © $30.90 $68,289 20 $68,487 $17,464 $11,643 $97,594 $101,864 $31.56 $69,748 6 $71,860 $18,324 $12,216 $102,401 $77,881 © $32.94 $72,797 33 $82,940 $21,150 $14,100 $118,190 $131,361 © $34.96 $77,262 4 $85,328 $21,759 $14,506 $121,592 $93,099 *Supervisors in Level 9-15 work an additional 30 minutes per day 30 SAINT JOHN FIREFIGHTERS IAFF #771 The Saint John Fire Service has been in existence since 1786. Services provided by the Firefighters include fire rescue and suppression, technical rescue, hazardous materials emergency response, fire prevention, fire investigation and medical first responder. Employees in this group are members of the Firefighters' Association IAFF Local 771 and are covered by a Collective Agreement which expired on December 31, 2019. Negotiations for a new Collective Agreement commenced in 2020 and are currently in progress. Table 21 $106,116 11 $97,578 $28,590 $16,588 $142,757 $113,157 $103,809 10 $102,189 $29,941 $17,372 $149,503 $106,009 $101,503 21 $99,206 $29,067 $16,865 $145,138 $152,272 Q tutenant $96,889 38 $95,339 $27,934 $16,208 $139,481 $137,343 ® $92,275 55 $92,232 $27,024 $15,679 $134,935 $115,534 ® $87,661 6 $85,648 $25,095 $14,560 $125,303 $86,675 $83,048 4 $82,048 $24,040 $13,948 $120,036 $82,414 $78,434 1 $74,532 $21,838 $12,670 $109,040 $74,532 $64,593 1 $68,158 $19,970 $11,587 $99,715 $68,158 ' $64,593 10 $63,892 $18,720 $10,862 $93,474 $68,024 $59,979 10 $54,512 $15,972 $9,267 $79,751 $55,289 ' $55,365 1 $1,065 $312 $181 $1,558 $1,065 •. • $50,751 0 $50,751 - *The fringe rate for protective services is higher to reflect the increase pension contributions. 31 MANAGEMENT/PROFESSIONAL STAFF The Management/Professional Terms and Conditions of Employment, last updated and approved by Common Council on April 8, 2019, cover this group of employees. Positions include those in senior roles, such as the City Manager, Commissioners, Directors, Fire Chief, Chief of Staff, General Counsel, and Common Clerk. Also included are front-line management including members of staff who provide professional advice and support such as Operations Managers, HR Professionals, Planners, Financial Managers and Engineers. Jobs classified as "Professional" include those that do not have direct supervisory responsibility. A full job evaluation review is planned for the Management/Professional group in 2021 to ensure fair and appropriate compensation levels as a result of the many changes that have occurred since the last review in 2015. Table 22 $180,681 $199,414 1 $211,615 $53,962 $35,975 $301,551 $211,615 $153,787 $169,753 2 $121,187 $30,903 $20,602 $172,692 $157,338 $139,514 $153,999 7 $171,920 $43,840 $29,226 $244,986 $316,324 $112,069 $123,722 12 $136,947 $34,921 $23,281 $195,149 $236,160 $97,474 $107,604 15 $106,263 $27,097 $18,065 $151,425 $128,293 $90,286 $99,652 13 $94,154 $24,009 $16,006 $134,169 $108,418 $83,969 $92,682 26 $92,818 $23,669 $15,779 $132,266 $121,646 $77,435 $85,494 12 $73,940 $18,855 $12,570 $105,365 $86,152 $71,990 $79,505 3 $75,014 $19,129 $12,752 $106,895 $78,088 $66,216 $72,970 1 $17,573 $4,481 $2,987 $25,041 $17,573 32 NON -UNION ADMINISTRATION Non -Union Administrative Staff includes roles such as Executive Assistant, Human Resource Administrators, HR Generalist and Administrative Assistant in the General Counsel and Mayor's Office. These roles perform duties similar in nature to Inside Workers, however, are excluded from the union based on confidentiality and the nature of their work. Non -union employees follow the pay scale of CUPE Local 486. Aside from salary, the working conditions for this group are defined by Terms and Conditions of Employment approved by Council in April 2018. Table 23 $46,768 $51,415 1 $8,814 $2,248 $1,498 $12,560 $8,814 $50,906 $56,007 3 $37,347 $9,524 $6,349 $53,220 $56,438 $55,498 $61,116 2 $61,661 $15,724 $10,482 $87,867 $61,737 $60,092 $66,223 1 $66,732 $17,017 $11,344 $95,093 $66,732 $64,688 $71,325 1 $72,491 $18,485 $12,324 $103,300 $72,491 33 Saint John Transit Commission It is noteworthy that increasing collaboration and closer business ties generally now characterize the relationship with Saint John Transit. Relevant salary information is presented at Tables 24 and 25. Table 24 Table 25 $29.76 $61,900 1 $63,158 $13,895 $77,053 $63,158 $29.76 $61,900 58 $53,291 $11,724 $65,015 $91,526 $19.45 $40,206 2 $40,622 $8,937 $49,559 $40,215 $32.80 $68,224 12 $54,912 $12,081 $66,993 $77,148 $33.14 $68,931 2 $67,794 $14,915 $82,709 $68,133 $29.76 $61,900 1 $60,460 $13,301 $73,761 $60,459 $70,837 $121,513 4 $98,570 $21,685 $120,255 $121,513 $12,773 $66,991 6 $47,786 $10,513 $58,299 $66,991 $28,624 $64,985 3 $49,060 $10,793 $59,853 $64,985 *CEO included in Management, position funded 50% by Saint John Transit and 50% Saint John Parking Commission 34 Saint John Police Force Coordination between the City and the Saint John Police Force has been a long-standing reality for many years, one that is currently being strengthened. Although a separate employer, the Police Force aligns with the City in many respects, including Joint Health and Safety, Group Benefits plans and Shared Risk Pension Plan. Relevant salary Information is presented at Tables 26 through 30 for Police Officers, Police Management, members of CUPE Local #486, including the Public Safety Communications Center (PSCC). SAINT JOHN POLICE ASSOCIATION Table 26 $102,126 28 $109,367 $32,044 $18,592 $160,003 $163,570 $98,377 0 $94,627 103 $104,081 $30,496 $17,694 $152,270 $133,992 $88,647 1 $10,085 $2,955 $1,714 $14,754 $10,085 $87,203 2 $94,666 $27,737 $16,093 $138,496 $97,901 $78,203 0 • • $72,962 0 • • $67.720 0 *The fringe rate for Protective Services is higher to reflect the increase pension contributions. 35 SAINT JOHN POLICE FORCE MANAGEMENT Table 27 $149,796 $157,380 2 $115,423 $33,819 $19,622 $168,864 $163,693 $135,065 $141,902 2 $175,209 $51,336 $29,786 $256,331 $222,289 $119,924 $127,255 3 $119,645 $35,056 $20,340 $175,040 $128,234 $108,373 $113,860 5 $129,336 $37,895 $21,987 $189,218 $190,687 $88,994 $93,49a$78, $23,079 $115,236 $78,7 a i76713,390 $76,430 $80,299 4 $73,340 $21,489 $12,468 $107,297 $80,916 E r $68,054 $71,500 2 $115,423 $33,819 $19,622 $168,864 $163,693 SAINT JOHN POLICE FORCE: INSIDE WORKERS CUPE LOCAL 486 Inside Workers with the Saint John Police Force include positions in the administrative support and in specialized areas such as Victim Services and Exhibits and Property Control. 36 Table 28 EL JL Only casuals in these groups $38,503 $42,232 0 $42,635 _�w $40111-$10,243 JL,82_A&,241 $47,553 $46,768 $51,415 8 $39,829 $10,156 $6,771 $56,756 $54,058 $50,906 V56,007 MjjjV'W-$9,9T471F83,273 $58 $55,498 $61,116 2 $44,439 $11,332 $7,555 $63,325 $63,282 $60,092 $66,223 � 2 $74,429 $18,979 $106,06 $12,653 $77,141 1 $64,688 $71,325 4 $62,913 $16,043 $10,695 $89,651 $80,012 $69,277 $76,425 6 $40,169 $10,243 $6,829 $57,241 $47,553 MANAGEMENT: PUBLIC SAFETY COMMUNICATIONS CENTRE (911) *Management for the PSCC are included in the City management table (Table 22) as they are paid through the general fund and on the same salary scale. INSIDE WORKERS: PUBLIC SAFETY COMMUNICATIONS CENTRE (911) The PSCC group is listed separately as they are paid through the City General Fund and included in overall Saint John Police Force budget. Table 29 $50,277 $55,271 $69,538 $76,674 $16,152 $10,768 $101,378 $25,852 $17,234 $144,464 $134,686 37 Wage Increases: 17-Year Summary Wage increases over a seventeen-year period demonstrate the overall impact that salary escalation, as compared to consumer price index (CPI), has had on the City's operating budget. Table 30 1.45% 2.90% 3.00% 4.00% 2.75% 3.50% 3.28% 2.38% 2.90% 3.00% 4.00% 2.75% 4.00% 3.18% 1.68% 3.0% 3.00% 4.00% 2.75% 4.00% 4.11% 1.83% 3.25% 3.00% 6.00% 3.25% 4.50% 4.44% 1.80% 2.50% 3.50% 5.75% 3.25% 5.75% 4.26% 0.44% 0% 3.25% 4.50% 3.50% 4.50% 2.27% 2.29% 0% 3.25% 4.50% 3.25% 5.25% 0% 3.35% 2.90% 3.00% 2.00% 0% 0% 0.44% 1.58% 0% 0% 2.00% 0% 0% 4.86% 0.66% 2.500% 0% 4.00% 3.00% 6.45%* 5.05% 1.46% 2.50% 2.90% 4.00% 3.50% 3.75% 6.41% 0.48% 1.00% 2.00% 2.97% 2.50% 3.75% 2.18% 2.11% 1.75% 2.25% 2.97% 2.50% 2.75% 2.14% 2.36% 2.00% 2.25% 2.97% 2.50% 2.50% 2.09% 2.09% 2.00% 2.25% 2.97% 2.50% 2.50% 2.05% 1.69% 1.50% 2.25% 2.96% 2.50% 2.50% 2.01% 0.37% 1.36% 2.25% - 1.00% - 1.036% *Included a flat rate increase of $1,500 and a wage increase of 4.5% CPI and Wage Trends (Compounded): 2004 — 2020 Chart 6 60% 50% 40% 30% 21.51 20% �° 8.92%19.40% ■ 9.14% 9.58% 10 % 7.34% 1% o ° 1: or 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 � CPI -Management -CUPE Local486 -FIRE -CUPE Local 18 -SJPA -Transit The difference between wage escalation at the City and CPI over the last 15 years has created a material gap. The gap is prevented by the Wage Escalation Policy that was announced and approved in 2019. The Policy recognizes that increases beyond CPI are justified in some circumstances, including rising levels of prosperity in the community, productivity and service quality gains, and a favourable fiscal environment. The actual financial realities within which our municipality has operated during this period makes these increases problematic and unsustainable. After policy implementation, wage escalation does not exceed the City's assessment base growth to prevent future structural deficits and open the pathway to sustainability going forward. The wage increases as compared to assessment tax base growth for the past seven years are highlighted in Chart 7. 39 Wage Increases Compared to Assessment Base Tax Growth Chart 7 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% v 0.50% ■ . ■ 0.00% ■ 2015 2016 2017 2018 -0.50% -1.00% 2019 2020 � Assessment Base Growth Management CUPE Local 486 Fire CUPE Local 18 SJPA SECTION 7: OBSERVATIONS & RECOMMENDATIONS 2020 was certainly a year of change for employees at the City of Saint John. Beginning the year with a significant financial sustainability concern and review of all services to determine what changes and efficiencies could be made resulted in an overall organization restructure. The reporting structures changed for many, in addition to location changes as the major City Hall renovation and City Market tower was completed in fall of 2020. The new integrated customer service model provided our citizens, clients, and employees with a new format for receiving and sharing information and services. A major voluntary separation program also accounted for 46 departures, many of which were long service employees with a wealth of experience and corporate knowledge. Departments and employees have adjusted to the new structure and continue to refine services and delivery. Of course, through all this the organization responded to the worldwide pandemic of COVID-19 which engaged our EMO team for the entire spring months to continually review the current safety landscape for our employees and customers to ensure continued service and access while implementing many new safety protocols, shift schedules and work arrangements. The City of Saint John was able to adjust and provide safety guidelines and measures that allowed all employees to return to the workplace in early June and the majority have remained physically at work throughout the year. Some examples of safety measures in place are self assessment stations, protective barriers in offices and vehicles, mandatory mask use, virtual meetings, and adjustment to shifts to reduce congested shift change overs. A dedicated COVID-19 Safety team was assembled to review and recommend changes to the operational plan and provide guidance to departments and employees. Change often comes in threes as was certainly the case in 2020, finishing off the year with a significant cyber attack in November 2020 which impacted IT infrastructure and financial systems. During a time when technology is so heavily relied on to ensure physical distancing this was another major hurdle. The attack required a sooner than planned shift to new technologies and tools which will provide improved connectivity, collaboration tools and options once fully implemented in 2021. Through all of this change our employees continue to be our most valued resource in providing excellent service to our citizens, visitors, and businesses. Employees of the City 41 of Saint John continue to demonstrate their commitment and expertise in handling new, complex and challenging situations. Health, Safety and Wellness The health, safety and wellness of employees are of utmost importance. Key observations on this area include: • Protecting our employees from exposure to COVID 19 was the primary focus of our health, safety, and wellness efforts in 2020 and will remain so through 2021. • Workers' Compensation Premium increases over the last three years arise from increasing severity (i.e., day lost per incident), rather than numbers of incidents. • Average number of sick days was high at 9.2. This is down from the previous year despite a pandemic which encouraged employees to stay home with any symptoms of COVID-19 before being tested. • Group benefit costs exceeded contributions by approximately $250,000 over the last three years and changes will be implemented in 2021 to ensure this is stabilized. • Extensive security assessment completed, and key actions taken to provide greater security for our employees working at the City hall. Access control and central entries including guest registration and separate elevators for employees and visitors are among the improvements implemented. RECOMMENDATIONS 1. Continue to provide education and awareness around COVID 19, to evolve the Operational Plan and related controls, to diligently enforce legal requirements, and to provide PPE and other necessary logistical support to our employees. 2. A focus on employee health, safety and wellness including accident prevention and diligent execution of the quality safety activities of the Safety Management System should improve our accident experience and reduce Workers' Compensation costs. 3. A renewed focus on Attendance Management (Policy and Program) is required. 4. The Workforce Utilization Rate will provide insight on the success of initiatives aimed at improving productivity and finding better ways to measure and track progress. Improvements in Employee health, safety, and wellness, including accident prevention and attendance management are key. 5. Maintaining a sustainable group benefits plan that meets the current and future needs of our workforce and retirees is essential. Regular review of our contribution 42 rates, providers and benefit levels by the Benefits Steering Committee will ensure sustainability of the plan and planning towards potential future impacts. 6. An update to the security assessment for City Hall and the City Market Tower to be conducted and recommendations pursued. Training and Development The 21s' century workforce must be equipped to adapt to changing technology and service demands. Key findings in this area include: • We have an opportunity to leverage the knowledge, skill, and expertise of our employees to improve service efficiency and effectiveness. RECOMMENDATIONS The City's financial challenges dictate restraint in all areas of spending. Therefore, a strategic approach that leverages the knowledge within the workforce will help us further develop employees. Many key positions at the City of Saint John require professional designations (e.g., engineers, water treatment operators, planners, accountants, lawyers, technologists) which dictate training requirements for maintenance and certification. 1. Involve supervisors and other employees in the creation of divisional and sectional work plans that include individual goals and development opportunities. 2. Conduct a review of our performance evaluation system to develop stronger linkage with the organization's performance management system and metrics which are currently in development stages. 3. Strategically expand and strengthen peer training capacity, particularly in operations. 4. Provide employees various opportunities for training and development through expanded online availability and participation on special projects where possible. 5. Continue to expand on the offerings provided through the online training platform. 6. Review and update Career Path Systems currently in use for the Outside Workforce. 7. A renewed emphasis on tailored employee development plans supported by coaching and mentoring arrangements. 43 Attraction and Retention Total compensation, work environment and organizational reputation are among the most important tools for successfully competing in local and regional labour markets. To attract and retain talent necessary to provide first-rate service to our community we must ensure we remain competitive given our available resources. Key observations include: • Focus on our internal succession planning and development is key. The number of internal promotions to external hires were almost equal in 2020. • We hired 124 employees, including casuals, in 2020. We had on average 336 applications per month through our applicant tracking system. This includes both internal and external applications. • Recruitment challenges were primarily in specialized management roles. The challenges most often related to compensation and retirement benefits, primarily in more senior, executive roles. • With the offering of a voluntary separation program, we had a higher than average year for turnover at just over 9%. This represents a significant loss of corporate knowledge however is an opportunity for change and renewal within our processes and structure. RECOMMENDATIONS 1. Review recruitment strategy and total compensation package for senior roles to attract and retain candidates for executive level positions. Explore the possibility of additional incentives for specialized managers. 2. Continually strengthen our commitment to pay equity and employment equity as well as the metrics that verify and support them. 3. Implement metrics and hiring practices to ensure The City of Saint John remains an inclusive employer, reflecting the diversity of our community and society. 4. Launch a Corporate Recognition Program which promotes and encourage regular and consistent feedback and celebrates success in achieving results. 5. Complete a full job evaluation of all roles impacted by the organization restructure including both Management/Professional and unionized positions impacted to ensure fair and appropriate compensation levels. SECTION 8: CITY MANAGER'S CONCLUDING REMARKS We are pleased to table the 2nd Edition of the Annual Workforce Report (2020) for Council's information and to ensure accountability to all stakeholders in our municipal enterprise: our dedicated employees, senior staff, managers at all levels, our customers, our civic unions, and above all, to the citizens of our community. The Annual Workforce Report highlights the critical importance of the city's workforce to our public service mission as well as the need to continue to measure its overall health and sustainability. Appropriate workforce metrics provide a solid basis for setting objectives and developing plans to achieve them. By measuring these we can know, with confidence, that we are moving forward. Through 2019 and 2020 we have faced a challenging financial environment within which we strive to support our employees, build human capital and capacity, and achieve service excellence. Using both ldid l eang anagging performance indicators helps us bridge to a better future and, over time, effectiveness in reaching it. shows our Without any doubt, 2020 was a year of transformation in the history of our organization, a theme which strongly resonates through the narrative of the 2020 Workforce Report and is abundantly reflected in the charts and tables presented. Seized with a global public health crisis of epic and tragic proportions, with a cyber-attack, and with our ongoing financial realities, we have successfully reimagined our services, reinvented our organization (through the restructure) and set a course for sustainability. By addressing our primary cost escalator, employment expense, and through implementation of an effective and respectful workforce attrition strategy, we successfully delivered on a reduced workforce that still met and, in most cases, exceeded service delivery standards. All levels of management, our union executives and our employees were engaged and became partners in these transformations and in the positive results they will yield for years to come. Armed with an appropriate toolkit of workforce measures as profiled in this Report, we are committed to an ongoing process of monitoring, measuring, and adjusting the supporting 45 framework of corporate human resources plans, programs, and services. Like all organizations, we remain subject to unexpected impacts from external forces. The past year offered two notable examples in COVID and the cyber breach. Despite these and any future impacts, we will strive to continuously improve. While large-scale change was the centerpiece of the work environment in 2020, the importance of incremental improvement in the indicators year -over -year cannot be overstated. Key metrics including attendance, safety, industrial relations, reward and recognition, engagement, training and development, and productivity, create a mosaic of our cultural state, and will help us chart a course to a better future. Every instance of performance improvement, no matter how small, is a success to build upon. In these concluding remarks, I must address the costs associated with our workforce and their wage escalation. We have a large workforce that does tremendous work for our community. They are continually being asked to do more with less. They should be appropriately compensated, and I believe they are. This past year, all parts of our workforce were asked to contribute to the City's financial deficit by taking 0% wage increases. Some have done so through their new collective agreements, the management and professional staff have also done so, and we continue to work with the remaining union executives. In recent past years, wages and benefits consumed approximately 57% of our operating budget. Through 2020 and 2021, we eliminated $6 million from our workforce costs, resulting in a reduction in total expenses to approximately 54.5% of the operating budget. In 2028, that figure will be dramatically reduced again when pension top -up payments cease — reducing workforce costs by another $9-10 million annually. This rebalancing has put us on a more sustainable path. The key moving forward will now be to follow the Wage Escalation Policy approved by Common Council. Simply put, it states that wages must not increase at a rate greater than our growth rate. We must live within our means. With the workforce adjustments we have made and continue to make, and if the Wage Escalation Policy is respected, we will likely never experience a budgetary deficit attributable to the costs of our workforce. Finally, the 2020 Edition represents the second step on our journey of continuous workforce improvement. In due course, our internal and external benchmarking will improve, our conclusions will become more confident, and our workforce planning and programming efforts will be informed by the broadening of our experience in every area of this Report, and by the increasingly reliable data which it yields. I fully support and reaffirm my commitment to this endeavour. The future is bright, and on behalf of the Administration and all your employees, we look forward to it, and to the contributions our workforce will continue to make to our Mission: Grow the City; Serve the City; Become the Community of Choice COMMON COUNCIL REPORT M&C No. 2021-196 Report Date July 02, 2021 Meeting Date July 12, 2021 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Arena Ice Rental Rates and Ice Allocation Policy 2021-2022 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy McLennan Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends Common Council: 1. Approve the 2021-2022 arena ice rental rates, as presented in Table 2 of M&C Report 2021-196. 2. Approve the updated Ice Time Allocation and Management Policy, as attached to M&C Report 2021-196 (Attachment'A'). EXECUTIVE SUMMARY Common Council approved Recreation Subsidization Policies (Attachment V) on December 16, 2019. An incremental approach for the implementation of those policies for arena ice rates was then outlined in M&C Report 2020-188 (Attachment'C') to Common Council on August 4, 2020. The arena ice rates for the 2021-2022 season being recommended within this report are in accordance with the second and final phase of that two-year iterative plan, reflecting full implementation of the Policies. The additional revenues resulting from these proposed rate increases would contribute to the City's projected deficits, as identified in the approved Sustainability Plan. Updates to the Ice Time Allocation and Management Policy are also being recommended, as highlighted in the attachment to this report (Attachment 'A'). Among the changes being recommended are updates to reflect Growth and Community Services as the service area now responsible for the document and additional language to support inclusion, diversity, and gender equity. 211 IrAN 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. REPORT Background — An Incremental Approach Common Council approved Recreation Subsidization Policies on December 16, 2019, which bring 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 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 is to offer reliable, consistent, and high - quality recreational facilities to citizens and user groups. The Policies were discussed at a consultation session City staff held on January 16, 2020, with sports facility user groups. Some groups expressed concerns that the resulting rental rates would be unaffordable to their organization and membership. City staff heard those concerns and recommended an incremental approach to implementation over a two-year timeframe in a report to Common Council August 4, 2020 (Attachment'C'). The incremental approach to implementation allowed more time for user groups to adjust to the rates associated with the new policies. A partial implementation of the Recreation Subsidization Policies was reflected in the approved ice rates for the 2020-2021 season, while the recommended rates for the 2021-2022 season reflect full implementation. It should be noted that the City of Saint John continues to support the P.R.O. Kids program, which offers financial support to youth in need. This program aims to ensure all youth in Greater Saint John have the opportunity to participate in positive recreation opportunities, regardless of potential financial barriers. 212 am Full implementation of the Policies is reflected in the cost -recovery percentages for the recommended rates for the 2021-2022 season. The following table shows the recommended overall cost -recovery structure for 2021-2022, in comparison with what was done for the 2020-2021 season: Table 1: Cost Recovery % 2020-2021 2021-2022 by User Category Partial Implementation Full Implementation Youth / Schools / 54% 60% Tournaments Seniors 64% 70% Adults 81% 90% Cost -Recovery Calculation Methodology Hours of ice usage by each user category is a significant input used in the calculation of cost -recovery for the determination of arena ice rates. Typically, the previous season's usage data would be used as a predictor for the upcoming season; however, booking anomalies related to the temporary implementation of Recreation Cards in 2019-2020 and the pandemic in 2020-2021 made using straight data from either of those years unreliable. Staff also felt data from the 2018-2019 season would be too dated, as many user groups from that season have since dissolved. In order to provide the best estimate for hours of ice usage and avoid artificially low numbers related to pandemic shutdown periods last season (2020-2021), weekly hours booked for that season were multiplied out by 24 weeks to calculate season totals. It should be noted that tournaments, community skates, and birthday party bookings were also impacted the last two seasons due to the aforementioned anomalies; therefore, actuals from the 2018-2019 season were used for those inputs. With respect to usage by timeframe (e.g., Early Morning, Prime Time), although the total actual hours for the 2020-2021 season would be inaccurate given the pandemic shutdown periods, the percentages of actual hours booked by timeframe were applied to the calculated season totals to estimate the timeframe breakdowns for each user category. The overall annual operating costs associated with arena ice have decreased significantly from 2020 to 2021. Increases in cost -recovery percentages associated with the full implementation of the Recreation Subsidization Policies 213 -4- are largely mitigated by savings from initiatives related to continuous improvement and the City's overall Sustainability Plan. Examples of such initiatives include shift optimization and cost savings related to wages, as well as the rightsizing of recreation facilities recommended in PlaySJ. As a result of those cost -saving measures, the rates being recommended in this report reflect only a modest increase for users. It should be noted that the City will still be investing over $1.1 million in operating costs for the three (3) City -operated arenas in 2021: 1. Stewart Hurley Arena 2. Peter Murray Arena 3. Charles Gorman Arena Approximately $700,000 is anticipated in revenues from arena ice rentals should the recommended rates be approved by Council (see 'Service and Financial Outcomes' section for projected revenues for 2021). This will result in an anticipated operating deficit of approximately $400,000 for the three (3) City - operated arenas. In addition, the City provides the Lord Beaverbrook Rink with approximately $160,000 in annual subsidies. Even with the recommended rate increases, taxpayer investment into recreational facilities remains significantly higher than the projected revenues yielded from user fees. Recommended Arena Ice Rates The following table displays the recommended hourly arena ice rates for the 2021-2022 season: Table 2: Youth / Recommended Schools / Seniors Adults For -Profit 2021-2022 Tournaments (+ HST) (+ HST) (+ HST) Arena Ice Rates (+ HST) Early Morning $115.00 $150.00 $150.00 $293.00 Pre -Prime $120.00 $183.00 $222.00 $293.00 Prime Time $178.00 $192.00 $266.00 $293.00 Post -Prime $122.00 $155.00 $224.00 $293.00 214 SSE For reference purposes, the following table displays the hourly arena ice rates that were approved for the 2020-2021 season: Table 3: Youth / Approved Schools / Seniors Adults For -Profit 2020-2021 Tournaments (+ HST) (+ HST) (+ HST) Arena Ice Rates (+ HST) 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 Potential COVID-19 Implications The City of Saint John will continue to ensure the safety of the community during this ongoing pandemic. As such, City staff would like to make note of the following: • The City of Saint John will continue to remain in full compliance with any Mandatory Orders from the Province. As with the previous season, City operations at arenas will be in accordance with COVID-19 operational plans and all user groups of those facilities will be required to develop and adhere to their own COVID-19 operational plans, when such plans are required by a Mandatory Order. • Should the Province announce at any time during the season that the region is in the 'Red' phase, the City of Saint John will accept cancellations and provide full refunds to user groups for any bookings that were scheduled to take place within that 'Red' phase timeframe. • All revenues indicated in this report are estimates only and have the potential to fluctuate significantly should COVID-19 impact the usage levels of arenas once again in the 2021-2022 season. Mitigating Financial Impacts to User Groups An iterative approach of implementing the Recreation Subsidization Policies for arena ice over two years provided opportunities for user groups and City staff to continue to work together to mitigate the resulting financial impact to user groups, while ensuring Council's Recreation Subsidization Policies adequately contribute to the 2021 and 2022 deficits. 215 9rm Examples of ways user groups can pursue cost -mitigation opportunities include: • Seeking sponsorship — Some user groups already offset a portion of their costs with sponsorship funding. Opportunities to increase sponsorship could and should be explored. • Increasing registration fees — User groups may increase participation or require their participants to pay higher program registration fees to cover the increased facility rates. In addition, it should be noted that the City will continue to research methods to address the current subsidization of non-resident use of City -owned recreational facilities by City taxpayers. A recommended solution will be presented to Council at a future date in 2021. Ice Time Allocation and Management Policy Updates The recommended updates to the Ice Time Allocation and Management Policy are highlighted in Attachment 'A' of this report. Among the proposed changes are updates to reflect Growth and Community Services as the service area now responsible for the Policy, which is a result of the City's organizational restructuring. 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 the allocation of public recreational spaces, including scheduling bookings to offer reasonable and fair opportunity to use facilities in a proportionate and equitable manner. Additional language is being recommended to be added to the Policy to support inclusion, diversity, and gender equity, recognizing new organizations and/or emerging under -represented recreation offerings/user groups and allocating ice time to enable these groups to establish programs and services. The City of Saint John values diversity and, in turn, recognizes the value to the community in supporting such groups and opportunities. STRATEGIC ALIGNMENT This report aligns with the following Council priorities: Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible. SERVICE AND FINANCIAL OUTCOMES Revenues associated with arena ice rentals are projected to be $697,415 for the 2021-2022 season. The operating budget for City -operated arenas in 2021 is $1,168,544, with the portion attributable specifically to the offering of arena ice 216 -7- being $1,112,127. The remainder of that operating budget is attributable to the offering of arena floor rentals. It should also be noted that implementation of the Recreation Subsidization Policies contributes to the deficits in 2021 and 2022 as part of the City's overall Sustainability Plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Finance department has reviewed this report and input was also provided by the Parks and Recreation Department. ATTACHMENTS Attachment 'A'— Recommended Updated 'Ice Time Allocation and Management Policy' Attachment 'B' — Recreation Subsidization Policies Details Attachment 'C' — M&C 2020-188: 2020-2021 Arena Ice Rental Rates, Flash Sales, and Allocation Policy 217 ICE TIME ALLOCATION AND MANAGEMENT POLICY City of Saint John Growth and Community Services Updated: June 29, 2021 r City of Saint John Ice Time Allocation and Management Policy Contents 1. Authority.................................................................................................................................3 2. Responsibility......................................................................................................................... 3 3. Guiding Principles.................................................................................................................. 3 4. Annual Review....................................................................................................................... 3 5. Operational............................................................................................................................. 3 6. Rights Reserved......................................................................................................................4 7. Client Priority......................................................................................................................... 4 8. Gender Equity......................................................................................................................... 5 9. Residency Requirement.......................................................................................................... 5 10. Standard of Play...................................................................................................................... 6 11. Tournaments and Special Events............................................................................................ 7 12. User Cancellations.................................................................................................................. 8 13. City Cancellations................................................................................................................... 8 14. Breach of Contract.................................................................................................................. 8 15. Exclusivity..............................................................................................................................9 16. Diversity of New Users or Programs...................................................................................... 9 17. Opening Arenas Outside of Standard Hours of Operation..................................................... 9 18. Arena User Conduct and Responsibilities.............................................................................. 9 19. General Administration........................................................................................................10 20. Administration of Fees......................................................................................................... 10 21. Deadlines for Ice Time Requests and Confirmation............................................................. 10 22. Payment Terms..................................................................................................................... 11 23. Group Representation........................................................................................................... 11 24. Indemnification and Insurance Requirements...................................................................... 11 25. Arena Code of Conduct........................................................................................................ 12 26. Arena Additional Fees.......................................................................................................... 13 2 219 CITY OF SAINT JOHN ICE TIME ALLOCATION AND MANAGEMENT POLICY 1. Authority It shall be the policy of the City of Saint John to confer upon Growth and Community Services as the authority and responsibility for implementation of the policies as outlined herein. 2. Responsibility It shall be the policy of the City of Saint John to manage, allocate, and distribute ice times for City -owned and operated arenas. Allocation of ice time shall reflect and take account of the population, registration, utilization, gender, and participation patterns of the community, in addition to applying provincial or federal directives as may be required. 3. Guiding Principles It shall be the policy of the City of Saint John that the following principles are considered and referenced in the development and updating of the Ice Allocation and Management Policy. Optimize Usage of Ice: The Ice Allocation and Management Policy shall ensure the effective management of total available ice time within the jurisdiction of the City of Saint John. Access and Equality: The Policy shall ensure fair and equitable access to ice in terms of allocation, as well as in the application of fees and charges. Youth Sport Development: Children and youth are a priority target and special consideration is given to accommodating children and youth activities and sport development. Diversity: The Policy shall provide options for a wide array of users and programs, current and emerging. Partnership: The Policy shall recognize the importance of partnerships with minor sport and community associations in the delivery of rink -based activities. Financial Sustainability: The Policy shall provide a transparent framework for fiscally responsible ice facility operations. 4. Annual Review It shall be the policy of the City of Saint John that an annual review and update of the Ice Allocation and Management Policy be conducted by the Director and staff of Growth and Community Planning Services for City of Saint John. 5. Operational It shall be the policy of the City of Saint John to update or amend any portion of this policy, as well as operational and managerial documents as may be required to ensure policy principles are being met. Changes or amendments made to this policy will be fairly applied. 220 City of Saint John Ice Time Allocation and Management Policy 6. Rights Reserved It shall be the policy of the City of Saint John to distribute ice time in an open and fair manner that best reflect the needs of the community while reserving the right to assign and reassign ice as may be required. 7. Client Priority It shall be the policy of the City of Saint John to allocate ice according to the following priorities. Seasonal ice is considered October -March yearly. All ice times allocated to groups 1 through 7 are to be used for the stated priority group for recreation, developmental, and competitive use. The City of Saint John recognizes that youth associations may opt to have paid instructors at ice times for enhanced skill development. These instructional opportunities are not to be for profit and any additional fees charged to participants are only to cover ice time, equipment, and a reasonable charge for instruction. The City of Saint John reserves the right to investigate such instruction offerings to ensure they comply with this policy. 1. City of Saint John programs and special events. Programs provided at low or no cost for recreational skating opportunities and are made available by the City of Saint John Parks and Recreation department. 2. Youth Tournament play (refer to Section 13). 3. Youth Recreational Seasonal Requests Associations that offer service for the majority of participants are 18 years or younger, do not regulate membership, are non-profit, are guided by constitutions and by-laws, have auditable financial statements, are affiliated with a sport governing body, have an elected board of directors, and provide consistent programming of at least 20 weeks annually. 4. Youth General Seasonal Requests Associations that offer service for the majority of participants are 18 years or younger that do not fit into the "Youth Recreational" category. Organizations in this category include those that provide enhanced skill development training. Category A: Not -for -Profit — enhance skill development, competitive in nature, and are associated with a provincial sport governing body. New Brunswick Department of Education and School Districts fall within this category. Category B: For -Profit — enhance skill development, competitive in nature, and associated with an independent entity. Cl 221 City of Saint John Ice Time Allocation and Management Policy 6. Adult' Associations, Organizations, and Groups Seasonal Requests • Purpose of the Association, Organization, or Group is to involve individuals in recreation and sport. • Membership in the group will be made up predominately of Saint John residents. Membership lists from the previous year will be used to determine priority. 7. Youth Recreational/General, School, and Adult requests that are less than 15 hours for the season. 8. Commercial and Occasional Users • For -profit organizations or individuals that use ice time with the intent of generating positive net income. 8. 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). 9. Residency Requirement The City of Saint John recognizes the tax -based contributions provided by its residents toward the development (capital) 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 policy of the City of Saint John to allocate ice time based on resident rate, with the organizations/teams with higher residency rates taking priority. The City will accommodate the regular use of ice by non-residents after resident demand is satisfied and under special circumstances such as reciprocal agreements. It shall be the policy of the City of Saint John that all applicant groups will submit to Growth and Community Services membership lists (current year), including participants' telephone numbers and 1 "Adult" means a person over the age of 19 years and includes sports or activities where the majority of participants are greater than 19 years of age. 5 222 City of Saint John Ice Time Allocation and Management Policy addresses for review by November 30. If residency information is never submitted, in addition to not being eligible for priority bookings the following year, it will be assumed that 100% of the applicant group is non-resident. All information received will solely be used for the purposes of address verification and will not be sold or shared with any third parties. Once residency is confirmed, all documents will be shredded. It is illegal for any person to falsely represent themselves. Any documents submitted under false pretenses, forged, or misrepresented (in whole or part) will be considered void. Associations, leagues, and teams that book ice with the City of Saint John must allow their participants at the point of registration the opportunity to either accept or deny the sharing of their personal information with the City of Saint John for resident verification purposes. In order for associations, leagues, and teams to share roster information, all registrants must have informed consent. Association, league, and team failure to allow this option at registration are asserting that all participants are non-residents. a -Rd they will need t . ,-,.hase Reer-emie., Cards. 10. Standard of Play It shall be the policy of the City of Saint John to maintain a standard of play time for various sports in determination of minimum benchmarks for allocation requirements. The number of weekly hours allocated to any user group will be based on justified need, with youth recreational programs receiving the largest block of ice time but not exceeding a start time of 9pm at all three City of Saint John arenas on a daily basis to allow adult user groups reasonable ice time hours weekly. Not including new and emerging groups, no organization or team will exceed the allotted number of hours from the previous season without the expressed need documented. Allotment of hours are not guaranteed from year to year and, dependent on season requests, groups may lose hours or be relocated to different times and/or arenas. The standard of play is as follows: Youth Team Ice Sports (Hockey/Ringette/Sledge, etc.) Age Group Non -Competitive Competitive 1 Team = 15 players = Hrs./Wk. 1 Team = 17 players = Hrs./Wk. Under 6 years 1 Team = 1 hour I 1 Team = 1 hour 8 years & under 10 years & under 13 years & under 15 years & under 18 years & under 1 Team = 1 hour 1 Team =1 hour 1 Team = 1 hour 1 Team = 1 hour 1 Team = 1.5 hours 1 Team = 1 hour 1 Team = 1 hour 1 Team = 1 hour 1 Team = 2 hours 1 Team = 2.5 hours C:7 223 City of Saint John Ice Time Allocation and Management Policy Skating Program Formula Level Minimum Participants = Hours/Week Instructional Learn to Skate Participants/55 = 1 hour Instructional Figure Skating Participants/24 = 2 hours Competitive Figure Skating Participants/15 = 2.5 hours Competitive Synchronized Skating Participants/24 = 1.5 hours Instructional Power Skating Competitive Speed Skating Adult Ice Sports Programs Level Adult Ice Sports (Various Sports) Participants/40 = 1 hour Participants/15 = 1 hour 1 Team =12 Players or 12 Participants = Hours/Week 1 Team = 1 hour It shall be the policy of the City of Saint John to make reasonable efforts to meet the minimum number of hours; however, the City assumes no obligation to meet the standards. Where possible, additional needs from applicant groups will be satisfied pending ice availability and overall demand. Efforts will be made to maintain consistency in ice times for groups from the previous season. Mass rearrangements of ice based on a single request may not occur. City of Saint John Prime and Non -Prime Ice Hours Prime Time Early Morning Pre -Prime Post -Prime Weekdays 4pm to IOpm prior to 8am 8am-4pm lOpm-12 midnight Weekend and Holidays 7am to IOpm n/a n/a IOpm-12 midnight 11. Tournaments and Special Events It shall be the policy of the City of Saint John to achieve a balance between recreational and special events use during the regular ice season; therefore, a maximum of 2 weekend tournaments or special events per month will be scheduled between October and March inclusive. Tournaments shall not be placed on back- to-back weekends and best efforts will be made not to monopolize all arenas during the tournaments. Tournaments are not permitted to start any earlier than 7:30am to allow staff time to prepare the arena. 7 224 City of Saint John Ice Time Allocation and Management Policy Priority will be given to youth recreational/developmental tournaments. For -profit tournament requests will be reviewed by staff and subject to approval based on need and displacement considerations of weekly ice users. Notwithstanding, additional weekend events may be considered if an applicant group can demonstrate to the satisfaction of the Director of Growth and Community Planning Services the written agreement of user groups affected by a proposed event. 12. User Cancellations It shall be the policy of the City of Saint John to effectively manage ice booking with the objective of minimizing administrative, revenue, and operational impacts. Therefore, cancellations will not be permitted after the last Friday in September for any seasonal booked ice times (including tournaments). Requests to cancel every second week and sporadic ice times throughout the season will not be accepted. Cancellation deadline for spring ice: March 18. Cancellation deadline for summer ice: August 18. User groups are not permitted to exchange or give scheduled ice times to other groups. Groups looking to exchange ice times are required to notify the City of the change and City staff will make the invoice changes. 13. City Cancellations It shall be the policy of the City of Saint John to reserve the right to postpone or reschedule any permitted ice time booking due to unscheduled circumstances, such as an emergency shutdown or facility maintenance or repair. The City shall make all reasonable efforts to provide affected groups with alternative ice times; if bookings cannot be coordinated, the affected user shall receive a full refund. The City of Saint John reserves the right to cancel the offering of summer ice if sufficient interest is not shown to justify operational costs by the application deadline. It shall be the policy of the City of Saint John to not cancel or postpone commercially advertised instructional programs and leisure skate times, with the exception of the following: 0 Significant and high -profile special events as determined by Common Council • Low registration in instructional programs 0 Unscheduled emergency shut -down situations 14. Breach of Contract It shall be the policy of the City of Saint John to reserve the right to cancel a contract or portion of a contract without notice where in the opinion of the Director of Growth and Community Planning Services the facilities are not being used for the contracted purpose or the user is violating the Arena Code of Conduct. The contract holder affected will receive a full refund/credit for unused bookings. E:3 225 City of Saint John Ice Time Allocation and Management Policy 15. Exclusivity It shall be the policy of the City of Saint John to retain the right to exclusively offer instructional programs and leisure skate services at its arenas. Instructional programs and ice services proposed by any applicant are subject to review and approval by Growth and Community Services. Duplication of programs and services may be restricted. 16. Diversity of New Users or Programs It shall be the policy of the City of Saint John to reasonably accommodate new users or programs to provide for unmet or emerging community needs while also meeting other criteria outlined in this policy. It shall be the policy of the City of Saint John to recognize new organizations and/or emerging under- represented recreation offering/user groups and allocate ice time to enable these groups to establish their programs and services. The City of Saint John values diversity and recognizes the value to the community in supporting such groups and opportunities. The City will use unallocated ice first to meet the needs of a new applicant but reserves the right to reasonably reallocate hours from existing users, if warranted for a period not exceeding one year. 17. Opening Arenas Outside of Standard Hours of Operation It shall be the policy of the City of Saint John to consider opening arenas outside of standard hours of operation and charge fees that cover all hourly rates as well as full operational costs, pending the availability of staff. 18. Arena User Conduct and Responsibilities It shall be the policy of the City of Saint John to require all applicant groups to agree to abide by the Arena Code of Conduct as well as all additional rules and regulations that may be attached to a rental agreement or posted within the arena being rented. In the case of a conflict between rules or regulations, the more stringent rules shall apply. It shall be the policy of the City of Saint John to require that all users vacate the dressing rooms within 30 minutes of the conclusion of their rental period. It shall be the policy of the City of Saint John to authorize the Arena Manager or designate supervisor as the responsible party for the assignment of dressing rooms. Dressing Room keys will only be issued to managers or coaches. It shall be the policy of the City of Saint John to not accept responsibility for any lost, stolen, or misplaced personal items or equipment of users or applicant groups including but not limited to, items left unattended in the locker rooms or main arena. It shall be the policy of the City of Saint John that all applicant groups and users assume full and exclusive responsibility for all damages or losses to property, fixtures, and equipment belonging to the City if caused by the applicant group or its respective members, staff, agents, or guests participating in or observing events L1 226 City of Saint John Ice Time Allocation and Management Policy during the term covered by the rental agreement. The applicant group will notify the Arena Manager or designate immediately of any vandalism, damages or losses to City property, fixtures, and equipment. It shall be the policy of the City of Saint John that all applicant groups and users are prohibited from bringing alcoholic beverages into City arenas. It shall be the policy of the City of Saint John that all application groups and users uphold the provincial legislation regarding the Smoke Free Places Act, which prohibits smoking/vaping in all enclosed public places. It shall be the policy of the City of Saint John to reserve the right to eject any person and/or the organization from the facility for noncompliance at the sole and absolute discretion of the City's Arena Manager or designate supervisor in charge. 19. General Administration It shall be the policy of the City of Saint John to require all applicant groups and users to submit requests for booking and cancellations on City -approved application forms. The City of Saint John reserves the right to reject applications and requests from clients who submit forms which are incomplete, contain falsified information, or are submitted after published deadlines. 20. Administration of Fees It shall be the policy of the City of Saint John to assign upon the Director of the Growth and Community Planning Services the authority and responsibility for: a) Establishing procedures and guidelines for managing rental agreements and fees within the framework of this policy. b) Maintaining liaison with other Government agencies, including the Greater Saint John Regional Facilities Commission, the Lord Beaverbrook Rink, and other user groups and organizations concerned with rental agreements and fees for arenas within Greater Saint John. c) Implementing a fee policy that is consistent with the market value and pursuing cost recovery of the arena rental service being offered within Greater Saint John. d) Implementing the rental agreement and fee policy and procedures, including properly collecting fees. 21. Deadlines for Ice Time Requests and Confirmation When requesting and allocating ice time requests, the following time frames are mandatory: Season Dates Application Due Date Contract Emailed Signed Contract Returned Spring Apr 1 to Apr 30 V Friday in February 3' Friday in February V Friday in March 227 City of Saint John Ice Time Allocation and Management Policy Summer Sept 1 to Early Last Friday in June 2nd Friday in June Last Friday in June Oct Fall/Winter 2' Friday in Oct V Friday in August 3' Friday in August 2nd Friday in to March 31 September Contracts that are not signed and returned by the specified date will be considered null and void and the associated ice time will go back for sale. Contract cancellations will be subject to cancellation administration charges (see section 14) after signing date. Arena bookings for each season will not be issued until all accounts are paid in full from the previous year. 22. Payment Terms See below chart for seasonal payment terms. Delinquent accounts will be subject to stricter payment guidelines. Late payments will be subject to additional charges (see attached fees). In an effort to minimize administrative time, multiple invoices will not be issued to the same account holder. This generates numerous staff hours to verify multiple invoices for payment, updating and issuing. Season 50% Payment Full Payment Post Dated Cheques Spring At Time of First Rental Last day in April Not accepted Summer Second Friday in September Second Friday in October In total Sept 30 Fall/Winter Last day in November Last day in March Nov 1, Dec 1, Jan 1, Feb 1, Mar 1, 23. 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 Growth and Community Services and their group. All communications between the group and Growth and Community Services, at all times, be channelled through each group's representatives. 24. Indemnification and Insurance Requirements The user must, at all times, during which it is allocated ice time in City of Saint John arenas, 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 time of first booking with the following requirements being met: a) Minimum limits of two million ($2,000,000) 11 228 City of Saint John Ice Time Allocation and Management Policy b) The City of Saint John added as "Additional Insured" c) A cross liability clause d) For organizations/group dealing with youth 18yrs 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. f) 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. For example a hockey team can purchase the appropriate coverage for $150.00 per season. 25. Arena Code of Conduct SAINT JOHN ARENA CODE OF CONDUCT In an effort to ensure all activities in City of Saint John arenas are desirable and fulfilling experiences for all involved, the City of Saint John has an `Arena Code of Conduct' policy. The City of Saint John 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 arena 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. If at any time an arena 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, 12 229 City of Saint John Ice Time Allocation and Management Policy 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, 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 Ice 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, ice 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. 26. Arena Additional Fees Charge Fee NSF $25 Late payment fee $50— Team (payments not paid on time) $200 — League Non -Compliance $50 per week, to a maximum of (request for residency information) $200 if they never submit, plus will not be eligible for priority bookings the following year. Delinquent Account • 25% of invoice is due prior to first booking; (applied to accounts that were . 25% due within first quarter of delinquent the year previous) season, • 25% due halfway through season, • 25% (remainder) due three quarters of the way through season. Facility Clean Up $50 first time offense $100 any recurring offenses 13 230 City of Saint John Ice Time Allocation and Management Policy Dee,-eatio.-, Gafd No Resident Q200414cT Reer-eattenCard Nen-C-empliat $30T A eiations Leagues team that A ssoe;er;on/Te..,�. ss and L„,.w;.,..ly ll,.... ,e,-s that r pla- s to -tie; .,1 r-eereation earpa ie e' ll be fined $300 for- e el....,,.f;e;pa*t wi diseov The fire ., rb e upon will g ieeinvsiee. In the seasonal eventhatthe .,l.rains eer; non pliant player- a erg the fine be ee,a to $1 nn nn will red Void Key Deposit Return $100; repeated infractions may result in loss of key privileges. 14 231 ATTACHMENT'B' Recreation Subsidization Policies Details As outlined in 'M&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; • 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, 232 ATTACHMENT'B' Recreation Subsidization Policies Details 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; • 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, 233 ATTACHMENT'B' Recreation Subsidization Policies Details 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. 234 r li 'r I I' 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 235 sa 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: 236 -3- 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: Approved 2019-2020 Hourly Rate TABLE 2: (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 2019 Council report and presented to user groups in January 2020: Average Future Average Future Average Future Average Future Average hourly value Hourly Rate with Youth Hourly Rate Seniors Hourly Adult Hourly Rate 2019 Cost for 2019 Cost Modified IW% Cost with 60% Cost Rate with 70% Cost with 90°k Cost Facility Recovery % Recovery % Recovery Value Recovery Value RecoveryValue Recovery Value Arenailce 111� $ 151.97 5 116.12 5 186.111 5 217.11 5 279.n2 Table 4 displays City staff's recommended rental rates for 2020-2021, based on the recommended iterative recovery goals: TABLE 4: 2020-2021 Proposed Rates (exclusive of HST) Youth / Schools / Seniors Adults For -Profit Tournaments 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 $350/hour, compared to $325/hour now. These cost reductions 237 -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. No 19.le 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: 239 9rM • 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 N • 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. 241 WE 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 242 -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 243 -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. 244 -11- Municipalities with arenas Grand Bay -West -field Rothesay 4uispamsis Saint John TOTAL TOTAL % usage 17 of regional arenas Person -hours served from: Grand Bay - Westfield Rothesay Ouispamsis Saint John LSDs TOTAL 105W 1000 8000 11000 1000 31500 LOW 10000 3000 11000 1500 26500 low 1000 12000 120W 1000 27000 low 1000 4000 20000 1500 27500 13500 13000 270W 54000 5000 112500 12% 12% 24% 48% 4% Assumed deficit per arena $ Currenttotal assumed deficit $ Total deficit responsibility based on%usage $ Revenues owed under agreement (owe if negative) $ 1 1 2 4 0 190,000 190,000 $ I-,— $ 190,000 $ 190,000 190,000 $ 190,000 $ 380,000 $ 750,000 $ - $1,520,000 192,400.00 $ 175,544.44 $354,800.00 $729,500.00 $ 57,555.55 7,600.00 $ 14,355.56 $ 15,200.00 $ 30,400.00 $ (57,555.55) 245 June 24, 2021 Saint John Common Council City Hall 15 Market Square Saint John, NB E2L 41_1 Dear Mayor and council, I am sure that you will all agree that when one writes a letter to another person, that individual has a right to expect that the contents of that letter will not be tampered with in anyway by any third -party. In the case of a letter clearly addressed to Saint John Common Council, it is therefore reasonable to expect that the letter will be read by the Common Clerk for administrative purposes only, i.e. to place it appropriately on the agenda of a forthcoming meeting of those to whom it is addressed for an appropriate response, preferably after an open discussion. Nevertheless, I was shocked and appalled to see that on June 14, 2021, the city manager had attempted to thwart my right as a citizen in a democracy to communicate freely and unhindered with my elected representatives when, for all intents and purposes, he 'hijacked' a letter about red-light cameras which I wrote to Saint John Common Council by instructing you to receive for information only and, later, expressed an opinion on the contents of that missive in a clear attempt to influence your response. This is entirely unacceptable behaviour in a democracy. While council can certainly rely on the city manager to offer professional advice on policy issues, I believe this intervention should only occur when the elected representatives specifically ask for help. In a democracy, a citizen has a right to expect that a bureaucrat does not have carte blanche to express an opinion or make recommendations as a matter of course i.e. with 'implied permission'. This is hardly open and transparent government and represents a disservice to all citizens who vote for and trust their elected representatives to make decisions on their behalf. My letter dated June 3, 2021, was clearly addressed to you, my elected representatives, not to an unelected bureaucrat. It is my contention that the city manager exceeded his authority in making a recommendation on the contents of my letter before being explicitly asked to do so. In the future, I expect such correspondence to reach the hands of the Mayor and councillors without such third -party meddling. We need more open discussion on all matters; the recent revelation of the secrecy around the renaming of Harbour Station being just one example of what elected representatives try to hide from taxpayers by cowering behind closed doors. With regards to Common Council's actions vis-a-vis the letter in question, I could not help but notice how our elected representatives, other than one notable exception, were so quick to toss a matter of public safety onto the backburner on the advice of a bureaucrat whose primary reason appears to have been "it would be a waste of time" and, more horrendously, because "we don't even know yet who will get the money from any fines" that might be levied should such a traffic control tool be made available and/or be implemented in the future. This has left a clear impression that the city will have no interest in preventing red-light runners and saving lives unless it benefits financially. I was equally appalled by Councilor John McKenzie's suggestion that the matter should be dealt with by the police department, when he and other members of the previous council slashed the police budget N and should, therefore, understand that those who remain on the force will have less time now to enforce the provincial Motor Vehicle Act. Given that the 8 incidents of red-light running that I mentioned were on Somerset Street, in Mr. McKenzie's own ward, I am very disappointed with his cavalier attitude towards the safety of his 'constituents', many of them seniors who struggle to safely cross Somerset at Pugsley Avenue to attend church. Because certain councilors and/or candidates for council made the need for more bicycle paths a priority in their campaigns, I was under the impression that public safety, especially the safety of those who use our streets, is considered important. Clearly I was wrong. One cannot expect to have safe streets for cyclists simply by installing special lanes, especially not in a city where red-light running appears to have become a sport that so many of you appear so willing to ignore. Let this letter be received as 'information' and form part of the public record for all to refer to the next time a citizen is injured or killed when someone runs a red light. Yours sincerely, Doug James 34 Pugsley Avenue 247 Page 1 of 2 To: Mayor and Council of the City of Saint John Re: Findings of 2020 independent Transit Operational Audit Your Worship and Council, The City commissioned an independent Transit Operational Audit to assess Saint John Transit (SJT) and provide an operational framework for growth and sustainability that directly addressed SJT's eight hundred and fifty thousand ($850,000.00) dollar reduced annual funding. The audit assessment was based on information provided by the Canadian Urban Transportation Association (CUTA), SJT, the City of Saint John and a two day on site evaluation in March of 2020. The resultant operational framework consists of short and long term recommendations. Short term recommendations directly address the annual funding reduction and detail the requirements necessary for SJT to establish an industry standard business model. Short term recommendations must be addressed before financial investment or implementation of any long term recommendations. The six short term recommendations are found in the audit EXECUTIVE SUMMARY 1.0 1. "Make route revisions " generating an immediate savings of over $70,000.00/month 2. 'Begin... collecting" rider related statistics and "ramp up ongoing evaluation efforts" 3. An "operating contract for paratransit and on -request services" be put to public tender. Formalize the handshake agreement with Handi-Bus 4. "Adjust roles and responsibilities within the SJT organization..... The three existing Administrative Staff roles should be specified into the following roles in the short-term: Marketing and Customer Service Specialist, Planning and Development Specialist and Finance Specialist. In conjunction with role adjustments, develop job descriptions for each role in the organization structure." 5. "Shift bus stop infrastructure and ... amenities to align with the proposed routes" 6. "Simplify the fare structure." At present, the mandate of SJT appears to go no further than annually securing multi -million dollar public funding and getting buses out of the garage. Customer service is non-existent. No basic service information is provided to the public. Riders aka customers have no voice in any aspect of SJT No accurate records are kept. "there are currently no performance indicators used to monitor the health of the system or standards which are used to flag when further investigation into service is required "System Analysis 7.2. Statistics submitted annually to CUTA, on which the audit is based, are grossly outdated: there has not been 15 min peak hour service times on the core east -west transit route for over 10 years. That such foundational information remained uncorrected in the October 9, 2020 audit final report draft suggests a lack of administrative oversight and questions the reliability of all statistics provided by SJT. N Page 2 of 2 • SJT administrative staff have no job descriptions hence no accountability for multi -million dollar public spending. • SJT does not communicate: the public has not been consulted in over a decade; there is inadequate, if any, notification of service information; public and professional input is ignored; and requests for information unacknowledged. The auditor was misinformed that "The public meeting ........(was) advertised around transit shelters located in key hubs throughout the city," what we Have Heard 5.0. Only after the March 12, 2020 public meeting was the audit online survey advertised on buses. No further information was provided by SJT until the audit final report draft was released to the public on March 17, 2021. The auditor was not informed that transit schedules have been removed from the website. The April 2020 'replacement' of functional transit route maps on such was addressed. "the system map is very confusing, not user intuitive" Scheduling/Planning/Dispatch 15.2. Currently, no basic transit service information is available to the public. Public transit is a multi -million dollar publicly funded essential service that demands competent administration. Please address. Respectfully, /4-2 � 3- JUN 212021 Mary Ellen Carpenter 41 Crown St. #207 Saint John, NB. E2L OE2 (506) 899-0519 N From: RAYMOND CHANG <webform-noreply@saintlohn.ca> Sent: July 2, 2021 2:09 PM To: Common Clerk <commonclerk@saintlohn.ca> Subject: Webform submission from: Contact [ 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@saintiohn.ca or contact IT Service Desk at 649-6047.** Submitted on Fri, 07/02/2021 - 14:08 Submitted values are: Department: City Council & Records (3092) Full Name: RAYMOND CHANG Email Address: ivy.raymond.chang@gmail.com Phone Number: 5068028115 Address: 408 ALGONQUIN PL Message: Dear City Council and members, since I've written an email complaining the train noises months ago, it's been only getting worse and worse every night and day. We do need businesses and jobs in the city, but what good if many of our residents in the Westside decide to leave the city for good and live elsewhere? I really don't understand why alternatives to train horns aren't being used at night in SJ but they can work it out near Rothesay... please help. Thank you for your attention 250 About Person/Group Presenting First Name: Stephen Last Name: Tobias Name of Organization/Group (where applicable): The Saint John Theatre Company Address: 112 Princess Street Saint John, New Brunswick. E2L 1K4 Canada Day Time Phone Number: 506-652-7582 506-654-0532 (C) Email stephen@saintjohntheatrecompany.com About your Request Topic of Presentation: Courthouse Update Purpose for Presentation (what is the ask of Council): As there are a number of new council members, we would like the opportunity to do a presentation that includes the rationale for the project, the design work done to date, and the current project status. As this presentation would include details that we are not yet prepared to reveal publicly, we would request that we have the opportunity to meet in private session. Depending on the date we would hope to include a presentation from the project leadership team, as well as the architects. Background Information: In March of 2020, the Saint John Theatre Company acquired the historic County Courthouse on 22 Sydney Street. The intent is to create a new multi -purpose performing arts center with a unique staging configuration in the 250 seat range. This will fill a facility gap in our community bridging the 850 seat Imperial Theatre and the 80 seat BMO Studio Theatre. The facility will serve as a home for the new Atlantic Repertory Company: the professional performance wing of the SJTC. It will also allow for expansion in the programming of both SJTC and Imperial Theatre as well as a place for mid -sized performances by organizations such as Symphony NB, Theatre NB, Atlantic Ballet, NBYO and many others. 251 63mi.wT low MC No. 2021-201 Report Date July 07, 2021 Meeting Date July 12, 2021 Service Area Growth and Community Development Services SUBJECT: Termination of Lease for The Infusion Tea Room EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Staff are recommending that The City of Saint John (the "City") terminate the lease agreement with 670486 NB Inc. for The Infusion Tea Room due to the lessee being in default of said lease and recent attempts to contact the lessee have been unsuccessful. RESOLVED: 1. that The City of Saint John, as landlord, terminate the City Market lease (the "Lease") with 670486 NB Inc, operator of the Tea Infusion Room, effective Monday, July 12, 2021, due to default under said Lease; and 2. further that City staff be directed to re-enter the leased premises and subsequently take such steps as permitted by the terms of the Lease or otherwise at law to recover from the tenant damages for loss of rent; and 3. further that the Mayor and City Clerk be authorized to execute all such documents ancillary to such purpose. 9 Nominating Committee Meeting — June 22 and June 24, 2021 Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor Gary Sullivan Councillor Paula Radwan City Manager John Collin City Clerk Jonathan Taylor Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on June 22 and June 24, 2021, makes the following recommendation: Strategic Planning Advisory Committee: to appoint Councillor Greg Norton to the end of his current term on Council. Sincerely, Donna Noade Reardon Mayor and Chair of the Nominating Committee �r _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca j C.P. 1971 Saint John, N.-B. Canada E2L 4L1 253