1999-02-22_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at February 19, 1999.
1. Meeting called to order, 7:00 p.m., Monday, February 22, 1999 - prayer.
2. Approval of minutes (February 15, 1999).
DELEGATION
3. 7:15 om. Presentation by Saint John Development Corporation re status of Waterfront Strategic Plan,
4. Mayor's remarks.
COUNCIL
5. Re parking on Cranston Avenue, between Fifth Street and Rockland Road (Mayor McAlary).
6_ Re Walter Vincent's request for changes in HIP pplicat on or a development on Woodward Av
to address Council in this regard. enue, and
7. Re proposed agreement with Total Golf Management Inc. (TGMI) for Rockwood Park Golf Course.
8. Re acceptance from Province of fee and fee simple interest in Parcel Q, as compensation for expropriation
further to sale to Province of property along McKay Highway near Fox Farm Road.
9_ Response to letter from Indiantown Neighbourhood Watch re fence near Robertson Square in North End.
10_ Re identifying land for future sale.
11. Report re tender for janitorial services.
12. Report re bids for renovations, Rothesay Avenue Municipal Operations Complex.
12A. Re concrete versus asphalt sidewalks_
COMMON CLERK
13. Re request of City of Saint John for Municipal Plan amendment to adopt the Peninsula Neighbourhood
Plan (public presentation - January 18, 1999).
14. Third reading of proposed Zoning By -law amendment to re -zone property to rear of 18 Sussex Drive (1 st &
2nd readings given February 15, 1999).
COMMITTEES /COMMISSIONS
15. Committee of the Whole report (February 15, 1999
Managerial /Professional positions; (2) re Water Street parking l lot site. +Classification and Salary Ranges for
16. Saint John Parking Commission - response to Art Advisory Board's request for use of parking lots.
17. Greater Saint John Development Commission, Inc., re joint meeting with Municipalities of Greater Saint
John.
gGENERAL
18. Application of E & P Holdings Ltd. for re- zoning of property at 91 Prince Edward Street.
19. Letter from Saint John Board of Trade re Board's nominees to Board of Directors of Enterprise Saint John.
20. Request of Saint John Youth Hockey Association for Gorman Arena to be kept open for hosting of Atlantics
for Juvenile "A" Division, April 9, 10 and 11, 1 999.
21. Application of First Wesmorland Shopping Centres Limited for amendment to Section 39 conditions of re-
zoning of 450 Westmorland Road.
22. Letter from Brian D. Ferguson Law Office r TEE
aughanUgrievance. .3
23_ Re 1999 Capital Budget (City Manager).
24. Re proposals for purchase and development of land surplus to City (City Manager).
25. Re development proposal (City Manager).
26. Re money in lieu of flood water storage capacity (City Solicitor).
27. Re Council members on committees and commissions (City Solicitor)_
28. City Manager's update.
29. Mayor's update.
City Hall P.O. Sox 1971 506 658 -2800
15 Market Square Saint John
New Brunswick
Canada E2L 4L1
February 22, 1999
Her Worship Mayor Shirley McAlary
And Member of the Common Council
Dear Mayor and Fellow Councillors:
E'A .RJ
City of Saint John
Selections for Saint John Sports Hall of Fame Induction
> Joe O'Toole - Hockey /Baseball (deceased)
> Kevin Carson - Racquetball /Baseball
> John Quigg - Speedskating
> Fran McHugh - Builder - Basketball
> Frank Remete - Builder - Tennis
> Percy Brennan - Builder - Hockey (Officiating)
May 11th to be dinner date at Trade and Convention Centre.
Yours truly,
Carl A.
COUNC
3 SAI NT JOH N DEVELOPMENT CORPORATION
P.O. Box 7200, Saint John, New Brunswick EK 4S6 Tel: 506 -649 -6066 Fax: 506 - 649 -6068
February 10, 1999
Mary Munford
Common Clerk
8th Floor City Hall
City of Saint John
Dear Mary:
Saint John Development Corporation requests the opportunity to meet with Common
Council, in Open Session, on Monday, February 22, 1999.
The purpose of this meeting would be to update Council on the current status of the
Waterfront Strategic Plan.
Yours truly,
SAINT JOHN DEVELOPMENT
J-J L
Theresa Ellefsen
Administrator
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FEB 1 119"
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WATERFRONT STRATEGIC PLAN
CHAIRMAN'S NOTES OPEN SESSION
FEBRUARY 22, 1999
Your Worship Mayor McAlary and Members of Council:
Your Worship and Councillors, my name is Bill Grant and I am here in my capacity as
Chairman of the Saint John Development Corporation, with me this evening are Steve Clarke,
our Vice- Chairman, and Theresa Ellefsen, our Administrator
As you are aware, the Saint John Development Corporation, in partnership with other
organizations, has undertaken a Waterfront Strategic Plan for Saint John. We have come to
brief you on its current status. We are pleased to advise you that the work on the plan is
progressing very well. To date, the Consultants, Malone Given Parsons, have completed a
comprehensive evaluation of the study area including:
• an analysis of existing and future port functions
• an analysis of land use along the waterfront
• a review of current tourism and commercial markets, along with detailed site
assessments
• a review of all project ideas submitted by various organizations and private
citizens
The Steering Committee of the Waterfront Strategic Plan hosted two general public
meetings and the Consultants have met with over SO stakeholders including discussions held with
the Port Corporation Board.
Presently, the Consultants are nearing completion of the long -term structure plan and
discussions are ongoing with the key stakeholders.
A key component of the study is the Bay of Fundy Discovery Centre. The Consultants
are exploring potentials for establishing a major visitor information and interpretation centre
somewhere along the waterfront. Over the next couple of weeks there will be a lot of emphasis
placed on it. The Steering Committee and the Consultants are open to feedback in relation to
its function and site location.
Within the next couple of weeks the Consultants will be confirming a location for the Bay
of Fundy Discovery Centre, as well as, presenting their first draft of the Waterfront Strategic
Plan. We look forward to receiving their final report expected around the middle of April 1999.
In closing, after Saint John Development approves the Waterfront Plan, we will be
returning to Common Council, to present the study.
Thank you very much for your attention, and if you have any questions, we would be
pleased to attempt to answer them.
SA!NT)C)HN DEVELGPMENTCORPORAT'ON
P.O. Box 7200, Saint John, New Brunswick E2L 4S6 Tel: 506- 649 -6066 Fax: 506 -649 -6068
February 19, 1999
Mary Munford
Common Clerk
8th Floor City Hall
City of Saint John
Dear Mary:
Further to our letter of February 10, requesting the opportunity to meet with Common
Council, in Open Session, on Monday, February 22 1999, attached is our brief on the status
of the Waterfront Strategic Plan.
Yours truly,
SAINT JOHN DEVELOPMENT
Theresa Ellefsen
Administrator
,MaUnr's (0 ire
February 19, 1999
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OPEN SESSION OF COUNCIL
Deputy Mayor Chase and
Members of Common Council
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Deputy Mayor and Councillors:
At the present time, parking is restricted on both sides of the street on
Cranston Avenue, between Fifth Street and Rockland Road.
The residents of that area would like to have parking allowed on at least one
side of the street.
I request that staff be asked to review this issue and report back to us.
Yours sincerely,
Shirley A. McAlary
MAYOR
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P. O. BOX 1971, SAINT JOHN, NFW BRUNSWICK, CANADA E21L 411 • (506) 658 -2912
AAA
OPEN SESSION
M&C -98 58
)February 19, 1999
Her Worship Mayor Shirley McAlary and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Walter Vincent
H.I.P. Application 920
BACKGROUND:
On February 1, 1999 the attached letter from Mr. Walter Vincent was received
and referred to the City Manager for a report. It was also suggested that Mr.
Vincent be given the opportunity to address Council.
t
City of saint John
Following the Council meeting, staff met with Mr. Vincent and the following
section outlines the issues of concern and how this is addressed by the guidelines
for the Housing Incentive program.
Issues:
Mr. Vincent did indicate that he is not questioning the guidelines themselves. He
is, however, concerned with the degree of flexibility /rigidity of its application. It
was also agreed that the goal of the program was to expand the residential tax
base. Mr. Vincent has responded in a positive fashion to the desire of the City for
assessment growth.
Report to Common Council
February 19, 1999
Page 2
There are a number of specific situations, which were discussed. The following
specific cases were discussed.
1. Villa Ridge Construction Ltd. (H.I.P #5)
On May 6, 1996 HIP number 5 was approved for the construction of 6
townhouse units. The foundation for the units went in very quickly but
construction did not proceed. In late 1997 construction resumed. From the
exterior all six units appeared to be completed, however, at the final date,
May 6, 1998 only three of six (6) units were completed while three were
partially constructed.
At the request of the applicant a report was prepared for Council's
consideration, recommending that payment be made based on the three
units only even though the other units were started and would receive
partial assessments. Council approved partial payment on June 1998.
2. Peter Robichaud (H.I.P. #31)
On March 3, 1997 HIP application number 31 was approved for the
construction of 3 single family homes at the corner of River Hill Drive and
Russell Hill Road. The HIP guidelines permit Council to approve
applications for as few as two units, only if it is not possible to develop
four units in the project.
In a letter dated December 8, 1998 the applicant requested an extension to
the two -year time limit for construction as it would not be possible to
complete the third unit by the March 3, 1999 deadline. On January 11,
1999, Council approved an extension. for the completion of the third
unit until May 31, 1999 if:
a.) the foundation for the third unit was installed prior to March 1,
1999 and
b.) a copy of the confirmed order for the modular units is received by
March 3, 1999.
3. Sierra Supplies (H.I.P. #16 & #53)
On May 21, 1996 HIP application number 16 was approved to construct
up to 8 units as either single or two family units. Construction proceeded
and by the end of 1997 four units had been constructed but it appeared
that no units would be constructed on the remaining 2 lots by the May 21
deadline_
Report to Common Council
February 19, 1999
Page 3
A new application was approved on March 16, 1998 for HIP application
number 53 for 2 units on the remaining 2 lots. This application is ongoing.
The guidelines permit more than one application in a development, and a
few as two units can be considered if it is not possible to construct four
units.
4. Others
It should also be noted that Manford Thompson Construction Limited
H.I.P. #47 and #81 and 051833 NB Ltd. (David Maxwell) II.I.P. #50 and
#75 have also had multiple applications in a develoment. In these two
cases no construction occurred (and therefore no payments) but new
applications were approved for the same area.
In the case of Blanchard Construction there have been three applications.
The first H.I.P. #8 approved in May 6, 1996 was for 43 single - family
units for lots existing at that time. By May 6, 1998, 28 units had been
constructed on these lots. In addition a new phase of the development was
initiated on October 1997 providing for 16 additional lots on Blanchard
Lane. This develoment H.I.P. #45 is ongoing. Finally H.I.P. #68 was
approved on June 29, 1998 for the 17 lots that remained undeveloped after
the completion of HIP #8.
5. Walter Vincent H.I.P. #20
Mr. Vincent received approval for H.I.P. #20 on September 30, 1996. The
proposal was to develop 8 single - family homes. On September 30, 1998
there were only three units completed. When Mr. Vincent phoned staff to
inquire as to how much time he had remaining to construct the infill units,
it was already past the two -year time limit. On October 15 he wrote
requesting an extension or partial payment. Council denied this request on
October 19, 1998.
On November 17, 1998 a permit was issued to construct a single - family
unit on one of the lots which was part of the original application. This lot
had been sold much earlier and was not expected to be developed in the
short term.
Given the change of circumstances Mr. Vincent's attached letter of
January 19, 1999 was submitted to Council.
Report to Common Council
February 19, 1999
CONCLUSION:
Page 4
The Housing Incentive Program guidelines were designed to provide developers
with a number of options, and are in the view of staff flexible. Mr. Vincent points
out that Council has departed from its written guidelines in two specific instances,
Villa Ridge and Peter Robichaud. The situations in these cases are not the same.
Mr. Vincent notes that the goal of the program is to increase the tax base. He has
done that, but has not met the time limitation. The Robichaud application was
given. a 3 -month extension with specific conditions by the normal end date. Mr.
Vincent would require a 6 -month extension.
An extension of this magnitude is not recommended. The facts of the situation
have been reviewed with the Legal Department and additional comments can be
provided if required.
Mr. Vincent has requested the opportunity to address Council. The factual nature
of this report has been discussed with Mr. Vincent. Based on the information in
this report, the approved guidelines and the other decisions of Council the
following recommendation is made.
RECOMMENDATION:
That Common Council give consideration to Mr. Vincent's request to be
heard.
2. That Common Council decline to make any changes to H.LP. #20.
Respectfully submitted,
f �w
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19
mod, MCIP 7 J laude MacKinnon, P.Eng.
r, Communit lanning Commissioner
°. Environment & Development Services
Terrence Totten, C.A.
City Manager
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SOMWN CLEIR 'S OMCII'
JAN 211999
CITY OF
SAINT JOHN
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M &C99 -55
February, 22, 1999
c1
HER WORSHIP MAYOR SHIRLEY MCALARY city of Saint Jahn
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT: Proposed Agreement with Total Golf Management INC (TGMI)
BACKGROUND:
In April 1995 the City of Saint John entered into an agreement with Total Golf Management Inc.
(TGMI) to "administer, manage and maintain" the Rockwood Park Golf Course. The term of the
agreement was five years. TGMI has the option to renew the agreement upon the same terms for
a further five year period, from January 1, 2000 to December 31, 2004, provided that notice to
renew is given by March 31, 1999. TGMI may exercise its option and operate the Rockwood
Park golf course for a further six years upon terms contained in the existing agreement.
During 1999, TGMI appeared before Common Council and expressed a desire to extend the
agreement for a longer period. Council directed that staff begin discussions with TGMI on this
matter. Staff has met with TGMI on several occasions. This report presents an amended
agreement between the City and TGMI for Council's consideration. A synopsis of the thrust of
the agreement follows this report.
ANALYSIS:
The administration, management and operation of the Rockwood Park Golf Course by TGMI has
been a "win -win" situation for the City of Saint John, the operator, and the citizens. Prior to
TGMI commencing operation of the golf course, the City was annually spending an additional
$200,000 beyond the revenues collected at the course for operations. TGMI has assumed all
operating costs, including provincial property taxes and all insurance costs (fire and liability).
TGMI has successfully completed the fourth year of operation.
TGMI has invested its own resources into the facility in the form of capital improvements,
($122,000 since 1995) although not obligated to do so. The City has also provided monies for
capital improvements, ($95,000 since 1995).
M & C 99 -3
February 22, 1999
Page 2
TGMI has advised that at peak times as many as forty people are engaged in the overall
operation. The company provides professional development to appropriate staff and shares in
benefit costs with some staff. Without obligation, TGMI also operates in conjunction with the
Boys and Girls Club of Saint John, a program to introduce youth to the sport of golf.
The Rockwood Park Golf Course today is in better condition overall, considering the recent
capital improvements, than it was prior to the commencement of the agreement with TGMI.
AMENDED AGREEMENT
Term
The amended agreement would be for a period of eleven years (11) beginning January 1, 1999,
and ending December 31, 2009.
During the final year of the agreement TGMI would have an option to operate the golf course
for an additional five (5) years, upon the existing terms and conditions, with the exclusion of the
annual capital improvement requirement. TGMI must exercise the option for the five year
extension no later than March 31, 2009.
Equipment
The amended agreement will transfer all liability for purchase of replacement equipment to
TGMI. The current renewal clause, XII (2), provides that during the renewal term, TGMI's
liability for the purchase of replacement equipment is limited to a maximum of $40,000. Over
the next six years much of the equipment listed in Schedule `B" will have to be replaced as it has
outlived its useful life. The current financial exposure to the City of Saint John over the next six
years is estimated to be $200,000 (1998 dollars) for equipment replacement. The operator,
TGMI, is exposed to only $40,000 for equipment replacement over this time. Although the City
has this financial exposure in the current agreement it would still own the equipment.
Under the amended agreement as equipment is replaced it shall be purchased by TGMI with no
City funding required. The replacement equipment shall become the property of TGMI. The
operator may continue to use the existing equipment until it has to be replaced. Upon
replacement TGMI will surrender the existing equipment to the City.
Capital Improvements
Currently there is no clause which requires either the City or TGMI to make capital
improvements. However, both parties have co- operated and have made annual capital
improvements during the term of the current agreement.
M& C 99 -3
February 22, 1999
Page 3
The amended agreement incorporates an obligation for the City and TGMI to make annual
capital improvements to the facility. Both parties will each contribute equally a minimum of
$25,000 annually for capital improvements on projects mutually agreed. Either party may
contribute more than $25,000, without obligating the other party, if it so wishes. The provision
for the parties to make annual capital improvements of $25,000 each is for the period beginning
January 1, 1999 and ending December 31, 2009. (11 years). Capital improvement funds shall be
expended on the projects listed in Schedule "E," "Capital Projects —1999- 2014." Under the
amended agreement at least $50,000 would be expended each year on capital improvements to
the golf course. The amended agreement provides that while TGMI is required to annually
contribute to capital improvements the company does not have and will not acquire any_interest
or equity in the facility.
Fees to City
A new provision in the amended agreement is for the TGMI to pay to the City during the period
January 1, 2005 to December 31, 2014 six per cent (6 %) of green fees, net of HST, however, the
annual fee payment shall not be less than $30,000.
The current agreement requires TGMI to begin paying an annual amount of $25,000 to the City
beginning January 1, 2000. This payment is replaced by the capital improvement requirement..
FINANCIAL ANALYSIS
The amended agreement removes the liability from the City for the purchase of replacement
equipment as listed in Schedule `B ". The estimated cost for replacement over the next six years
is $240,000.
The amended agreement removes the obligation upon TGMI to pay the City $25,000 annually
beginning January 1, 2000 for five years. (note: this obligation only comes into effect if TGMI
exercises its option to renew before March 31, 1999; clause XII ). This obligation is replaced by
a new obligation that requires TGMI to make annual capital improvements of $25,000 for eleven
(11) years.
The amended agreement obligates both the City and TGMI to each make capital improvements
of at least $25,000 annually between January 1, 1999 and December 31, 2009, (eleven years).
Either party may meet this obligation by contributing either cash or in -kind services.
M & C 99 -3
February 22,1999
Page 4
The amended agreement provides that TGMI will pay to the City annually monies in an amount
equivalent to the provincial property tax with a maximum amount payable per year. The
provincial property taxes for 1998 were $11,086.53. The amended agreement limits the
maximum amount payable annually by TGMI for property taxes during the term to be
$13,303.84 (1998 tax, plus 20 %) and during the renewal period to be $ 14,412.49 (1998 tax, plus
30 %). This provision provides TGMI with some protection against an operational expense
increase that is beyond their control.
The amended agreement requires TGMI to pay to the City annually an amount equal to six per
cent (6 %) of green fees revenues, net of HST, commencing January 1, 2005, with a minimum
annual payment of $30,000. This payment is in addition to any required capital payment. This
provision has the potential to increase the annual payment to the City if the revenue from green
fees increases.
INPUT FROM OTHER SOURCES:
The amended agreement has been drafted by the Legal Department based on the terms provided
by the Department of Community Services.
RECOMMENDATION-
It is recommended that the City of Saint John enter into the agreement with Total Golf
Management Inc., appended to this report as Appendix "A ", and
That the Mayor and Common Clerk be authorised to sign the said Agreement.
Terrence Totten, C.A.
City Manager
Synopsis
City of Saint John /TGMI Agreement
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Thrust of Agreement
January 1, 1999 — December 31, 2009
• City maintains ownership of facility
• Common Council maintains control of fee structure
• City has created a partnership that is committed to ensuring the facility is continually
improved.
• City has eliminated its obligation (financial exposure) to replace equipment while still
maintaining ownership of existing equipment.
• City has succeeded in contracting with an operator who has proven more than capable
of operating with the facility.
• The City has created the possibility of increased revenues in years 6 through 10 (and
also the option period).
* TGMI has succeeded in gaining a City commitment to improve the facility on a
continual basis.
• TGMI has succeeded in levering its anticipated $25,000 payment due to the City (in
the current renewal period) to a $50,000 Capital contribution cost shared 50/50
between the parties.
TGMI has succeeded in capping certain uncontrollable costs during the term of the
agreement.
APPENDIX "A"
Agreement
Between
The City of Saint John
And
Total Golf Management Inc, (TGMI)
THIS AGREEMENT MADE this day of February
1999.
BY AND BETWEEN:
' THE CITY OF SAINT JOHN of the County of
Saint John in the Province of New Brunswick,
a body corporate by Royal Charter, hereinafter
called the "City"
OF THE FIRST PART
- and —
TOTAL GOLF MANAGEMENT, INC., a
body corporate, hereinafter called the
"Operator"
OF THE SECOND PART
WiFIEREAS the City is the owner of an 18-hole public golf
ourse and an aquatic driving range including buildings, fixtures, contents
and other amenities thereto, together with.machinery and
equipment used in connection therewith, in Rockwood Park, hereinafter
called the "facility "; and
WHEREAS the Operator agrees to administer, manage and
maintain the facility: and
WHEREAS the Operator agrees to operate on behalf of the
City the facility as a public golf course in such manner as to offer an
opportunity for golf to the general public at an affordable cost; and
WHEREAS the City and the Operator entered into an
agreement dated April 7, 1995 whereby the City granted to the Operator
the right to administer, manage and maintain the facility and to operate
on behalf of the City the facility as a public golf course upon the terms
and conditions as set out in said agreement; and
WHEREAS the City and the Operator now wish to amend
certain terms and conditions in the said agreement.
WITNESSETH that in consideration of the sum of One
Dollar ($1.00) paid by the City and the Operator each to the other, the
receipt of which is hereby acknowledged and the mutual covenants
contained in this agreement the City grants to the Operator the right,
during the term of this agreement, to administer, manage and maintain
the facility and the right during the term of this agreement to operate on
behalf of the City the facility as a public golf course offering an
opportunity for golf to the general public at an affordable cost subject to
3
the following terms, covenants and conditions to which the City and the
Operator agree:
I. TERM
The term of this agreement shall be from January 1, 1999 to December
31, 2009.
The Operator shall pay to the City the sum of $1.00 annually
during the first six (6) years of the term hereof. The first payments due
and payable on January 1, 1999 and annually thereafter on (January 1 of
each year to and including January 1, 2004 and thereafter for each and
every year remaining in the term and during any renewal hereof) the
Operator shall pay to the City the greater of $30,000 or an amount equal
to six percent (6 %) of that current year's net green fees payable in three
(3) installments of July 1, September 1 and December 1 of each and
every year beginning in 2005 and continuing annually thereafter for the
remainder of the term.
II. OWNERSHIP
(1) All property described in the various Schedules attached
hereto, held or acquired as replacement for use by the Operator in the
administration, management, maintenance and operation of the facility is
4
vested in the City, save and except property acquired by the operator
pursuant to Clause IV(4)(b).
(2) Any property hereinafter acquired by the Operator, save and
except replacement property as hereinafter provided, is vested in the
Operator.
(3) In the event that any component of the facility is lost
because of fire, lightning, tempest, theft or act of the Queen's enemies or
other casualty, the City will repair or replace said component at the
earliest possible time and proceed diligently therewith until completed.
III. CAPITAL IMPROVEMENTS
(1) During each and every year of the term the City and the
Operator shall each contribute a minimum of $25,000 either in
cash or in -kind services for capital improvements to the facility;
either the City or the Operator may contribute more than $25,000
in any year without a like obligation upon the other party. Capital
improvements shall be proposed annually by the Operator from
the list of proposed capital projects attached hereto as Schedule
"E ". In any event, the City and the Operator may mutually agree
to capital improvements not listed in Schedule "E ",
5
(2) Notwithstanding any contribution by the Operator for capital
improvements to the facility, the Operator shall not acquire any
interest, either at law or in equity, in the facility. It is expressly
agreed and understood between the parties that this sub - clause
shall survive this agreement.
IV. THE OPERATOR'S OBLIGATIONS
(1) The Operator shall operate the facility in such manner as to
provide and maintain a golf course at an affordable cost open to the
general public. The Operator shall organize, operate and supervise a
junior golf program which shall include but not be limited to lessons,
tournaments, golf etiquette, rules and practice sessions.
(2) The Operator shall employ a Golf Course Superintendent who
must be a Class "A" superintendent as certified by the Canadian golf
Superintendents Association. The Golf Course Superintendent must be
employed full -time by the Operator and on site or available from March
1" to November 34th in each and every year during the term hereof and
any renewal.
(3) The Operator shall maintain the tees, greens, fairways, bunkers
and rough areas of the facility as set out in Schedule "A" attached hereto.
(4) The Operator shall be permitted to use the City's machinery and
equipment listed in Schedule "B" attached hereto provided that:-
(a) The Operator shall maintain the machinery and equipment
in a manner consistent with standards recommended by the manufacturer
of the said machinery and equipment, such recommended standards are
in the possession of the Operator;
(b) The Operator shall, at his expense, during the term hereof,
replace the said machinery and equipment when the said machinery and
equipment can no longer be reasonably maintained in good working
order; such machinery and equipment replaced by the Operator becomes
and remains the property of the Operator provided that the Operator
returns to the City the machinery and equipment which can no longer be
maintained in good working order.
c) The Operator hereby acknowledges that all machinery and
equipment listed in Schedule "B" is accounted for, and is in his custody
and control;
(d) On the termination of this agreement, all machinery and
equipment shall save and except replacement machinery and equipment
acquired and held by the Operator pursuant to paragraph 4(b) above be
FA
returned to the City in good working order, reasonable wear and tear
excepted.
(5) (a) The operator shall be permitted to use the buildings, fixtures
and the contents therein as listed in Schedule "C" provided that the
Operator shall, at his expense, keep the buildings and contents in good
repair. The buildings and contents shall be turned over to the Operator
by the City in good repair and shall be maintained in good repair by the
Operator. The condition of buildings and contents will be monitored by
the City to ensure that the maintenance thereof is to the standard and
condition as at the date hereof.
(b) The operator shall be permitted to use the consumables
listed in Schedule "D ", provided the Operator shall continually maintain
and replace said consumables during the term hereof and upon
termination provide complete replacement thereof.
(6) The Operator shall provide a food and beverage service
within the facility. The food and beverage service shall be of a varied
and wide selection at prices reasonable to the general public.
(7) The Operator shall, at the discretion of the Director of Golf,
have on duty, during busy times from Victoria Day to
Labour Day, a golf course Marshall.
8
(8) The Operator shall be entitled to all revenues generated
from the "Tee Marker" Programme. All new contracts and any contract
renewals for "Tee Markers" must terminate upon the termination of this
agreement.
(9) The Operator shall, at no cost to either the City or Mr. Nick
Nicolle, honour the life membership granted by common Council of The
City of Saint John to Mr. Nick Nicolle.
(10) The Operator shall ensure that the facility, its related buildings,
machinery, equipment and all related assets are secure at all times and
shall maintain at all times in good working order, all alarm systems and
locks.
(11) The Operator must, prior to April 30th in each year during the term
hereof, present to Common Council of The City of Saint John for
approval the schedule of rates and fees to be paid by the general public.
On making such presentation, the Operator shall make available to
Common Council rates and fees being charged by other golf courses in
the province.
(12) The Operator shall, during the term hereof, provide the following
season passes to the general public:
6
Adult passes to a maximum of 75
Senior passes to a maximum of 75
Student passes to a maximum of 25
Junior passes to a maximum of 75
(1.3) The Operator shall, prior to April 30`h in each calendar year,
prepare and present to Common Council of The City of Saint John a
general report in writing of the administration, management, operation
and maintenance of the facility and all matters ancillary thereto,
including but not limited to accomplishments, refinements,
improvements and operating highlights of the past year.
(14) The Operator shall, prior to April 30th in each calendar year,
provide to the City Manager (or his designate), a copy of the previous
year's financial statement, which shall, as a minimum be accompanied
by a review engagement report signed by an independent Chartered
Accountant.
(15) The Operator shall, prior to April 30th in each calendar year during
the term hereof, present to Common Council of the City of Saint John a
report, in writing, of the proposed administration, management,
operation and maintenance plans for the facility and all matters ancillary
thereto for the forthcoming year.
lQ
(16) The Operator shall, prior to April 30th of each year during the term
hereof, pay to the City an amount equal to the real property tax levied by
the Province upon the facility in any event, an amount not to exceed
$1.3,303.84 in any one year, together with an amount equal to the amount
paid by the City as an insurance premium to adequately insure the
facility against fire and theft. During any renewal hereof the Operator,
prior to April 30th of each year during such renewal, pay to the City an
amount equal to the real property tax levied by the Province upon the
facility in any event an amount not to exceed $14,412.49 in any one
year, together with an amount equal to the amount paid by the City as an
insurance premium to adequately insure the facility against fire and theft.
(17) The Operator shall, when considering sponsorships, such as Tee
Markers, and other on -site promotions, act in the best interest of the
general public who make use of the facility and shall, prior to the
acceptance of such sponsorships or on -site promotions, obtain the
consent of the City Manager (or his designate). Any refusal of consent
by the City Manager (or his designate) must be given to the Operator
within seven (7) days.
(18) The Operator shall promptly pay all operating and utility costs, in
connection with the facility, included but not limited to the well and
septic systems, heating systems, garbage disposal, snow removal, hydro,
telephone and television/cable during the term hereof.
V. DEFICIT
The City shall not be responsible for any deficit incurred by
the Operator in any year during the term hereof.
VI. CITY'S RIGHTS
(1) The City reserves the right, at any time, to carry out
inspections of the facility, its related buildings, machinery and
equipment and all related assets. All maintenance schedules, logs and all
books, documents, papers and all information shall be open to the City
for inspection at any time. The operator shall abide by and shall ensure
that each of his employees and workers abide by any and all directives
issued to the Operator by the City Manager (or his designate) from time
to time concerning the administration, management, maintenance and
operations at the facility or related thereto in accordance with the terms
and conditions contained in this agreement.
(2) The City may, at its discretion, replace major components
such as the roof, siding, etc. of the buildings together with the parking
lots used in connection therewith listed in the various Schedules attached
hereto.
12
VII. NO LIABILITY TO CITY
The Operator shall not have any claim against the City for
loss or damage of any nature, kind or description whatsoever arising
from the exercise or purported exercise of the agreement herein, whether
or not such loss or damage is due to the negligence of the City or its
employees, servants or agents.
VIII. OPERATOR'S INSURANCE
The Operator shall obtain and keep in force during the term
of this agreement comprehensive general liability insurance for bodily
injury and property damage in the joint names of the City and the
Operator which coverage shall have an inclusive limit of not less that
Two Million Dollars.
Such general liability insurance policy shall include a
"cross - liability clause" and a clause requiring a thirty (30) day notice of
non - renewal or cancellation to The City of Saint John by the insurer.
Proof of such liability insurance shall be delivered to the
Commissioner of Finance of The City of Saint John on the signing of
this agreement by the Operator and thereafter on or before April 30th of
each year of the term or renewal thereof.
13
IX. INDEMNITY
That notwithstanding paragraph VI hereof, the Operator
does hereby indemnify and save harmless the City from all damages,
claims, demands, actions, suits or other proceedings by whomsoever
made, brought or prosecuted in any manner and whether in respect of
property owned by others or in respect of damage sustained by others
based upon or arising out of or in connection with this agreement or
anything done or purported to be done in any manner hereunder.
X. PERFORMANCE GUARANTEE
(a) The City shall require a performance guarantee, in a form
acceptable to the Commissioner of Finance, from the Operator
guaranteeing the performance of the obligations as set out in this
agreement.
(b) The face value of the said performance guarantee shall be
Twenty -Five Thousand ($25,000.00) Dollars of lawful money of
Canada.
(c) The said performance guarantee must be delivered to the
Commissioner of Finance of The City of Saint John on the signing
hereof by the Operator and thereafter on or before April 301h of each year
of the term or renewal thereof.
14
(d) In the event of any default in, breach or non - performance of
any of the maintenance requirements set out in Schedule "A" of this
agreement, to be fulfilled or performed by the Operator, the
determination of which shall rest solely with the City, the City shall call
in the said performance guarantee. The sum realized shall be used by
the City to remedy any such default, breach or non - performance in
whatever manner the City sees fit.
(e) In the event of any default in, breach or non - performance of
any of the terms and conditions in this agreement contained, save and
except as provided in Schedule "A ", to be fulfilled or performed by the
Operator, the determination of which shall rest solely with the City, the
City shall give to the Operator notice to remedy such default, breach or
non - performance. The Operator shall have ten (10) days to effect such
remedy. In the event that the remedy has not been effected at the
expiration of the said ten (10) days, the City shall call. in the said
performance guarantee. The sum realized shall be used by the City to
remedy any such default, breach or non - performance in whatever
manner the City sees fit.
XI. PERMITS & TAXES
The Operator shall, at his own expense, obtain and maintain
in good standing all permits and licenses required by any authorities
15
having jurisdiction in order to administer, manage, maintain and operate
the facility and all appurtenances thereto and shall otherwise comply
promptly at his own expense, with all laws, regulations, rules of all
federal, provincial and municipal governmental authorities which may
be applicable hereto. The Operator is solely responsible for and shall
properly account for and pay all unemployment insurance, Worker's
Compensation, withholding taxes, sales taxes, foods and services taxes
or any other taxes related hereto and/or arising from this agreement.
XII. TERMINATION
This agreement may be terminated by the City without
notice, in the event that the Operator is in default of any of the terms and
conditions set forth herein.
XIH. RENEWAL
(l) The Operator shall have the option to renew this agreement
for a further five (5) year term from January 1, 2010 to December 31,
2014 upon the same terms and conditions as are contained herein, save
and except this provision. for renewal, and the obligation to make annual
Capital improvements provided notice to renew is given by March 31,
2009.
r,
(2) In the event that the Operator exercises its option to renew this
agreement as herein provided, all terms of this agreement shall
continue, save and except Clause III (1).
XIV. NOTICES
All notices required by this agreement shall be in writing
and shall be delivered in person or by prepaid courier, or mailed by
certified or registered mail, return receipt requested, with postage
prepaid. Notice to Operator shall be addressed to:
Gerry Connolly
Total Golf Management, Inc.
P. O. Box 784
Saint John, N. B.
E21, 4B3
Notices to the City shall be addressed to:
The Common Clerk
The City of Saint John
15 Market Square
P.O. Box 1971
Saint John, NB
E2L 4L 1
17
(b) All notices so sent shall be deemed to have been received
by the recipient on delivery or on the second business day following the
mailing thereof. The above address of either the Operator or the City
may be changed by giving to the other party written notice of the new
address.
XV. TIME OF THE ESSENCE
Time is of the essence of this agreement and of all
provisions of it.
XVI. GOVERNING LAW
This agreement shall be construed and enforced in
accordance with the laws of the Province of New Brunswick.
XVH. ENTIRE AGREEMENT
This agreement embodies the entire agreement of the parties
with regard to the matters herein, and no other agreement shall be
deemed to exist except as entered into in writing by both parties to this
agreement.
XVHI. ASSIGNMENT
The Operator shall not transfer or assign this agreement or
any part of it and may not employ or retain anyone as a subcontractor or
]8
otherwise, to perform any part of its obligations under this agreement
without the prior written consent of the City, which consent may be
unreasonably withheld. This agreement shall terminate in the event that
Gerry Connolly ceases to own the majority shares of Total Golf
Management, Inc.
XVIV. HEADINGS
The headings in this agreement are for convenience only
and shall not in any way limit or be deemed to construe or interpret the
terms and provisions of this agreement.
XVV. ENUREMENT
This agreement shall ensure to the benefit of and be binding
on the parties and their respective heirs, executors, successors and
assigns.
19
IN WITNESS WHEREOF the parties have executed this
agreement on the date first above written.
SIGNED, SEALED AND THE CITY OF SAINT JOHN
DELIVERED
In the presence of:
Mayor
Common Clerk
Common Council Resolution:
TOTAL GOLF MANAGEMENT,
INC.
Per:
Gerard T. Connolly
20
SCHEDULE "A"
GOLF COURSE MAINTENANCE STANDARD
GOLF COURSE MAINTENANCE
In general, the maintenance practices must include the following as a
minimum requirement to ensure a continued healthy playing surface:
FERTILIZATION:
Applied at the appropriate times based on soil test results.
TOPDRESSING:
A light application of topdressing to the greens every three weeks to
improve surface resilience and control thatch build -up. It is understood
that weather conditions may affect the timing of the applications and in
such cases, the top dressing may be scheduled at the discretion of the
superintendent.
CORING OR CULTIVATION:
Three times per season at appropriate times to reduce compaction and
allow water, air and nutrients to penetrate to the root zone. One
application should be late fall to improve surface drainage and reduce
winter damage.
DISEASE, INSECT AND WEED CONTROL:
The application of appropriate fungicides, insecticides and herbicides in
a timely manner is important to maintain the quality of the turf. The
application of herbicides, fungicides, and insecticides for the control of
pests must meet all national and provincial regulations concerning
exterminations, the use of land and safe handling of chemicals.
21
MOWING:
The fairways are approximately 45 acres and the mowing heights are
regulated from 1/2" to 1" on the playable portion to 1 1/2" to 3" on the
elevated rough. The tees and greens are to be mowed at 5/32" to 5/15"
depending on the time of year, growing conditions and traffic. The
greens and tees are to be mowed daily altering at each mowing in one of
four directions. Any clippings are to be removed and grain controlled by
tickle cut bi- weekly with light vertical mowing or brushing. The timing
of the mowing may be altered due to weather conditions or seasonal
growth patterns and in such cases, mowing may be at the discretion of
the superintendent.
The golf course is built on a site where bedrock is close to the surface
with minimal amounts of soil. It is imperative that a high standard of
maintenance be practiced to ensure the quality of turf.
22
SCHEDULE "B"
EQUIPMENT AND MACHINERY
PAGE I
QUANT.
DESCRIPTION
UNIT#
YEAR
MAINTENANCE BUILDING
1
Ryan Ren -o -thin De- thatcher Type H -61 Model
R -18 -S - Serial #20293
294 -5 1981
1
Ryan Mataway /overseeder /OMC Model 544873 -
Serial #35090
294 -20 1993
1
Ryan Sod Cutter (Jr.) Model #544844 -7910 — Serial
# 80495
292 -20 1980
1
Shindaiwa Model T- 20 -S20EL — Serial # 6018
1987
1
Shindaiwa Model T-20 -S20EL — Serial # 8079525
Trimmer
292 -42 1990
1
Jacobsen Aerator Model T -1224 Aero King — Serial
# 82559 -2148
294 -28 1993
1
Toro Aerator - Serial # 09110 -90107
272 -32
1
Toro Walkie Greens Mower - Serial # 04116 -2030D
272 -11
1
Toro Walkie Greens Mower - Serial # 04116 -20161
272 -12
1
Toro Walkie Greens Mower - Serial # 04116 -20151
1976
1
Toro 21" Whirlwind Rotary Mower Serial # 23158-
0003095
1975
4
Toro Cutting Units for Walkie Greens Mower
1.
Jacobsen Triplex Green King IV Ride -On Greens
Mower - Serial # 62221 -3349
272 -04 1983
1
Jacobsen Triplex Greens King IV Ride -On Greens
Mower Diesel Liquid Cooled Serial # 6229 -2383
292 -28 1991
I
Extra Set of Three Jacobsen Cutting Units
1991
7
Toro Pull Behind Gang Mowers — Serial # 01177-
12561/01177-12523/01177-12564/01177-
12559/01177-12525/.. .
1974
23
QUANT.
DESCRIPTION
UNIT# YEAR
1
Bannerman B- 84--18 E -S Tractor Mower — Serial #
272 -28 1 1990
10 -1128
l
Toro 223 -D Five Unit Hydraulic Ride -On Mower 4
285 -05 1992
Cyl. Diesel Liquid Cooled Engine — Serial # 03500-
10801
1
John Deere Five Wheeler Utility Truck MT -600 -
296 -10 1989
Serial # W00600X018049
1
Toro Turf Pro -84- Triplex Ride -On Mower
272 -29 1988
1
Toro GM 3000 Triplex Ride -On Greens Mower -
272 -04 1983
Serial # 04350 -70813
1
John Deere Gator 4x2 Utility Vehicle - Serial #
296 -15 1994
W004X2003283
1
Cushman Truckster 4- Wheeler C/W Dump box
275 -35 1990
Kubota Liquid Cooled Diesel Engine -- Model #
898634 & Attachments
1
Toro 450 -D Five Unit Hydraulic Ride -On Mower, 4
272 -40 1988
Cyl. Diesel liquid colled engine — Serial # 03700-
80650
1
International Diesel Model 1 -484 Serial #
273 -85 1985
B480207BO10415 -X
1
Case International Diesel Model 485 Serial #
281 -90 1990
00B025686ZGO
1
15' Coleman Canoe
1
15' Aluminum boat
1
Cadet Pontoon Boat
1
6.5 HP Johnston's Outboard Motor
289 -7
1
8 HP Outboard Motor
291 -01
1
9.9 HP Outboard Motor
292 -7
1
New Aluminum Boat - Model V -1256
1994
1
Cash Register Sharp ER 3220
1
Cash Register Sharp EV 3220
24
SCHEDULE "C"
STRUCTURES, BUILDINGS AND CONTENTS
PAGE 1
QUAN. GOLF COURSE CLUBHOUSE
UNIT#
YEAR
1 Glass Cabinet (Assorted Trophies)
1 Oak Shelving Cabinet
1 Outside Speaker, Microphone, Amplifier
4 Chesterfield Couches (Green)
2 Chesterfield Couches (Grey)
5 Coffee Tables
15 Beverage Tables
3 End Tables
29 Wooden Beverage Chairs
2 Bulletin Boards
I Oak Handicap Card Holder
1. Desk
1 Recliner Chair
1 Large Storage Cabinet
I Small Wall Mount Storage Cabinet
1 Four Drawer File Cabinet
1 Bulletin Board
1 Oak Counter with Door
1 Oak Display Cabinet
1 Oak Golf Ball Display Case
1 Folding Tables (3' x 5')
1 Cooking Hood and Exhaust Fan c/w
Automatic Fire Extinguisher with 2 Flood
Nozzles
1 Universal Freezer
1 Hamilton -Bock Milk Shake Beaters
1 Large Wall Cabinet
2 Large Barbecue Pits
2 Golf Bag & Club Racks (Outside)
25
SCHEDULE "C"
STRUCTURES, BUILDINGS AND CONTENTS
PAGE 2
QUAN.
GOLF COURSE CLUBHOUSE
UNIT# YEAR
1 Old Ice Chest (Coke)
1 Water Softener Unit
1 Hydro Water Heater (Rental)
MAINTENANCE BUILDING
2 Fire Extinguishers
5 Cushioned Chairs
1 Heavy Duty Bench
1 Eye Wash Unit
1 Water Softener
1 Shower Stall
1 Medicine Cabinet
1 Hydro Water Heater (Rental)
3 Roof Turbine Ventilators
1 Desk
1 Filing Cabinet
AQUATIC DRIVING RANGE
1 Mobile Trailer c/w Hook -up Cold Water/
Septic Tanks/Electric Baseboard Heating
1 Storage Barn
1 Floating Dock
16 Driving Bay Dividers
3 Telephone Poles c/w Mercury Vapour
Lights
1 Wooden Office Desk
3 Steel Chairs
1. Fawcett Electric Stove
26
SCHEDULE "C"
STRUCTURES, BUILDINGS AND CONTENTS
PAGE 3
QUAN. I AQUATIC DRIVING RANGE
UNIT# YEAR
1,000 1 12' X 10 ' Styrofoam/Wood Construction
Sections of Floating Boom
1 Filing Cabinet
2 Wood and Metal Tables
I Wood Club Rack
1 Wooden Shelves for Baskets of Balls
CLUBHOUSE
Lounge, Pro Shop, Office, Washrooms
(hens- Ladies), Canteen, Storage Rooms,
Basement Storage Rooms, Bored Well,
Septic Holding Tank, Electric Heat
PARKING LOT
Contains front entrance sign, Flag Pole,
Driving Practice Range (3) bays, Wooden
Structure, 10 Cement Parking Standards
LOG CABIN
Located on the 10 Tee (serves as canteen),
2 Wooden Rest Shelters Located at # 12 and
# 14 tees.
PUMP HOUSE
Irrigation Pumps, 20 -30 HP c/w 3 -phase
Electric Power Panel Controls and
Accessories; located at Driving Range.
27
SCHEDULE 1113"
MATERIALS AND CONSUMABLES
PAGE 1
QUAN
DESCRIPTION
UNIT#
YEAR
1
Gary Player Rules Sign
2
Large 45 gal. Garbage cans
23
Wire Mesh Garbage Cans
54
Complete Golf Pull Carts
25
Carriage Frames
18
Low Boy Frames
18
New Tee Sponsor Signs
38
Yellow Tee Blocks
30
Blue Tee Blocks
28
White Tee Blocks
20
Sets of Rental Clubs and Bags
8
Golf Bags (used)
8
Proximity Markers
6
Square Garbage Cans (10 Gal.)
2
Round Garbage Cans (10 Gal.)
2
4 Litre Plant Watering Containers
1
15 Gal. Plastic Garbage Can
19
Ball Washers
19
Ball Washer Stands
7
Brown Picnic Tables
MAINTENANCE BUILDING
2
Small Square Garbage Cans
3
Hole Cutters Units
25
Metal Cups - Greens
18
Plastic Cups - Greens
1
Old Hand Seeder
13
Flag Poles (Old/Used)
1
Outdoor Driving Range Net (3 Bays)
19
Flag Poles
28
SCHEDULE "D"
MATERIALS AND CONSUMABLES
PAGE 2
QUAN.
MAINTENANCE BUILDING
UNIT#
YEAR
6
Indoor Driving Range
1
Box Golf Score Cards
8
10 Gal. Watering Cans (Igloo)
AQUATIC DRIVING RANGE
2
Waste Paper Baskets
9
Life Vests
2
Ball Retrievers
3
Dip Nets
8
Golf Club Drivers (Right Mens)
15
Golf Club Drivers (Left mens)
10
Golf Club Drivers (Right Ladies)
9
Golf Club Drivers (Left Ladies)
36
Wire Baskets Large 13 Old Wire
39
Wire Baskets Small 15 Old Wire
196
Rubber Tees
2
Chubb Fire Extinguisher (Dry Chemical)
17
Astroturf Driving mats
1
Metal 4 Gallon Gas Cans
7,552
Floater Golf Balls (Good Condition)
3
Canoe Paddles (Lowe) 56579F394
1
Plastic Tub For Balls
29
"Schedule E"
ROCK_WOOD PARK GOLF COURSE AND AQUATIC DRIVING RANGE.
CAPITAL PROJECTS —1999 THROUGH 2014
In Random Order:
PROJECT #1— IRRIGATION $55,000.00
Design and build a pumping station to engineering specifications, to meet
the requirement of providing adequate water supply to a state of the art
irrigation system which will cover the entire golf course.
PROJECT #2 — IRRIGATION, 47,000.00
Upgrade the irrigation main to engineering specifications and replace
existing branch lines as required and add lines to tees and greens not now
serviced. Use existing lines to maximum extent.
PROJECT #3 — PARKING LOT. $452000.00
Expand and pave unpaved section of clubhouse parking lot and relocate exit
to safer location on Sandy Point Rd.
PROJECT #4 — CLUBHOUSE DECK, $5,000.00
Expand existing deck at Clubhouse.
30
PROJECT #5 — CLUBHOUSE EXTERIOR $20,000.00
Replace damaged metal sections of siding, replace gutters, insulate exterior
walls, replace existing old windows and doors, paint clubhouse to match
expanded section on old deck.
PROJECT 46 -- PUTTING GREEN, $25,000.00
Expand existing green towards and to include existing blue tee on hole # 1.
PROJECT #7 — HOLE #1, $10,000.00
Build new blue tee to west of existing location to accommodate expansion of
putting green.
PROJECT #S — HOLE #1 $20,000.00
Rectify existing drainage /washout problem at base of hill on # 1 fairway.
Install 4 foot storm drain across the entire fairway draining to the pond in
front of new white tee on hole # 17.
PROJECT #9 — HOLE #1 $25,000.00
Rebuild green to USGA specifications (hereinafter called "spec "). Eliminate
bunker and replace with grass bunkers left and right
31
P11OJECT #10 — HOLE #29 $4,000.00
Construct Cart Path to #2 tee with turning area for power carts.
PROJECT #11— HOLE #2,$4,000.00
Rebuild bunker (1560 sq. ft.) to spec. (Roll edges, excavate, install
drainage, place subbase, place landscape liner, place bunker sand)
PROJECT #12 — HOLE #3 $5,000.00
Expand white and tee forward to edge of drop off. (Existing tee area =
2310 sq. ft.; Expanded area = 471.0 sq. ft.)
PROJECT #13 — HOLE #49 $5,000.00
Expand the white tee forward. (Existing tee area = 1720 sq. ft.;
Expanded area = 3440 sq. ft.)
PROJECT #14 — HOLE #4,$9,000.00
Rebuild fairway bunker and 2 green side bunkers to spec.
PROJECT #15 — HOLE #5, $4,000.00
Rebuild 2 green side pot bunkers to spec.
32
PROJECT #16 — HOLE #6,$1.3,000.00
Expand existing tee, one grade only. (Existing tee area = 2600 sq. ft.;
Expanded area = 5200 sq. ft.)
PROJECT #17 — HOLE #6, $79000.00
Rebuild 2 front pot and small back bunker to spec.
PROJECT #18 -- HOLE #7,$282000.00
Clear, grade, top soil and grass areas adjacent to the cart path between
the white and yellow tees including a new culvert, approximately 40
yards long, across the lowest point on the pathway.
PROJECT #19 — HOLE #71$5,500.00
Rework fairway bunker and green side of bunker to spec.
PROJECT #20 — HOLE #8,$59500.00
Rebuild bunker to spec.
PROJECT #21-- HOLE #9, $5,000.00
Expand white tee to south side of existing #9 tee. (Existing tee area =
2300 sq. ft.; expanded area = 4400 sq. ft.)
33
PROJECT #22 — HOLE #9,$6,500.00
Rebuild 2 green side bunkers to spec. Front bunker will require refacing
as rock ledge is now visible and must be covered.
PROJECT #23 — HOLE #109 $10,500.00
Expand white and blue tee, 1 grade only, in width to side closest to #5
tee. (Existing tee area = 2600 sq. ft.; Expanded area = 5200 sq. ft.)
PROJECT #24 — HOLE #10, $7,000.00
Rebuild existing front green side bunker and 2 small back bunkers to
Spec.
PROJECT #25 — HOLE #119 $5,000.00
Expand existing teeing forward to include yellow tee also. Elevate
existing grade by about 1 foot. (Existing tee area — 2975 sq. ft.;
Expanded area = 5670 sq. ft.). Separate from expanded #15 tee with
shrubs /hedge.
PROJECT #26 HOLE 911, $25,000.00
Rebuild green to spec.
34
PROJECT #27 — HOLE #11 $4,000.00
Rebuild existing green side bunker to spec and build new left green side
bunker to spec.
PROJECT #28 — HOLE #12,$31,000.00
Relocate green and build to spec to east of existing location, reroute cart
path, build grass bunkers to right of green.
PROJECT #29 — HOLE #13, $89000.00
Expand existing white tee. (Existing tee area = 3200 sq. ft.; Expanded
area = 6000 sq. ft.)
PROJECT #30 — HOLE #13, $73000.00
Rebuild front left bunker and back bunker to spec.
PROJECT #31-- HOLE #14,$16,000.00
Relocate existing tee to elevated area, rock outcrop, adjacent to tee on
east side. (Existing tee area = 1638 sq. ft.; New elevated tee area = 4100
sq. ft.)
35
PROJECT #32 —HOLE #14, $25,000.00
Rebuild green to spec.
PROJECT #33 -- HOLE #14, $2,500.00
Rebuild green side bunker to spec.
PROJECT #34 — HOLE #15,$8,000.00
Expand existing tee to one grade, including existing ladies tee for hole
#11. (Existing tee area = 1500 sq. ft.; Expanded area = 6025 sq. ft.)
PROJECT #35 — HOLE #15, $25,000.00
Rebuild green to spec.
PROJECT #36 — HOLE #15, $9,000.00
Rebuild and elevate 2 existing green side bunkers to spec.
PROJECT #37 — HOLE #16,$15,000.00
Expand existing tee back and to the west. (Existing tee area = 1925 sq.
ft.; Expanded area = 4880 sq. ft.)
36
PROJECT #38 — HOLE #16,$253000.00
Rebuild green to spec.
PROJECT #39 — HOLE #165 $79500.00
Rebuild 2 green side bunkers to spec.
PROJECT #40 — HOLE #173 $89500.00
Rebuild 2 green side bunkers to spec.
PROJECT #41— HOLE #18, $27,000.00
Rebuild and elevate green to spec.
PROJECT #42 — HOLE #182,$6,000.00
Rebuild bunker as pot bunker.
PROJECT #43 — AQUATIC DRIVING RANGE, $4,200.00
Build deck on front of trailer.
PROJECT #44 — AQUATIC DRIVING RANGE, $30,000.00
Replace entire existing boom with new materials.
37
PROJECT #45 — AQUATIC DRIVING RANGE $5200.00
Renovate existing bathroom and service areas inside trailer.
PROJECT #46 — TREE PLANTING
Plant or replace a minimum of 30 trees annually.
PROJECT #47 — STORAGE ROOM
Enclose and pour concrete floor under expanded area of clubhouse (old
deck area), to accommodate power cart storage in summer and general
storage in winter.
PROJECT #48 — CLUBHOUSE BATHROOMS
Renovate men and ladies bathrooms.
PROJECT #49 — CLUBHOUSE HEATING SYSTEM
Replace existing inefficient electric hot water furnace with electric
baseboards.
PROJECT #50 — CART PATH
Build cart path around entire course; recycled asphalt surface.
38
PROJECT #51-- WINTER GREEN COVERS
Replace existing 12 green covers, life expectancy — 7 years.
PROJECT #52 — SEPTIC TANK AND DISPOSAL FIELD,
$109000.00
Replace existing holding tank by installing tank and field.
ii]
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, MARY L. MUNFORD, of The City of Saint John, in the
County of Saint John and Province of New Brunswick, MAKE OATH
AND SAY: -
1. THAT I am the Common Clerk of the City of Saint John
and have custody of the Common Seal hereof.
2. THAT the Seal to the aforegoing instrument affixed is the
Common Seal of the said The City of Saint John and that is was so
affixed by Order of the Common Council of the said City.
3. THAT the signature "Thomas J. Higgins" to the said
instrument is the signature of Thomas J. Higgins, Mayor of the said City,
and the signature "Mary L. Munford" thereto is my own signature.
4. THAT we are the proper officers to sign the aforegoing
instrument on behalf of The City of Saint John.
SWORN TO at the City of Saint
John, in the County of Saint John
and Province of New Brunswick,
this day of April, 1995.
BEFORE ME:
Commissioner of Oaths,
Being a Solicitor
Mary L. Munford
40
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
1, Gerald T. Connolly, of the City of Saint John, in the
County of Saint John and Province of New Brunswick, MAKE OATH
AND SAY AS FOLLOWS:
1. THAT I am the President of Total golf Management, Inc.,
the Operator names in the foregoing agreement 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 Total Golf Management, Inc. is the
corporate seal of the said Total Golf Management, Inc. the Operator
names in the foregoing agreement and it was affixed by the officer
authorized to so the affix the seal.
3. THAT the signature " Gerald T. Connolly" subscribed to
the said instrument is my signature and as President I am duly authorized
to execute the said instrument.
4. THAT the said agreement was executed as aforesaid at the
City of Saint John on the day of February 1999,
SWORN TO AT THE City of
Saint John, in the County of Saint
John, and Province of New
Brunswick, this day of
February, A.D. 1999.
BEFORE ME:
Commissioner of Oaths ) Gerard T. Connolly
Being A Solicitor )
41
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, MARY L. MUNFORD, of the City of Saint John in the
County of Saint John and Province of New Brunswick, DO HEREBY
CERTIFY: -
1. THAT I am the Common Clerk of the said City of Saint
John and as such have the custody of the minutes and records of the
Common Council of the said City of Saint John and of the Common. Seal
of the said City.
2. THAT set out below is a copy of a resolution adopted at a
meeting of the common Council of the City of Saint John on the
day of February, 1999.
3. THAT I have carefully compared the said resolution with
the original and the same is a true copy thereof.
DATED at the City of Saint John on the day of
February, 1999.
IN TESTIMONY WHEREOF I, the said
Common Clerk of the City of Saint John have
hereunto affixed the Common Seal of the city
the day and year first hereinbefore written.
Mary L. Munford
Common Clerk
OPEN SESSION
M &C99 -52
February 22, 1999
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT
Fox Farm Road
BACKGROUND
N,
City of Saint John
Council, at its meeting of January S, 1998, authorized the sale of a 1.679 hectare
f portion of City land (NBGIC #297788) to the Province of New Brunsvwick to
facilitate the construction of a new access road to the McKay Highway DOT
Depot. The consideration for the subject parcel was $1,067.00 plus the fee simple
interest in Parcel Q (NBGIC #29639), an adjoining property. Instead of just
proceeding with the purchase and sale, the Province commenced the expropriation
of the subject parcel, which was finalized on March 31, 1998.
Last week the Province delivered the consideration to the City as compensation
for the expropriation. At this time, staff have no authority to accept the
compensation because the resolution on this matter authorizes a sale not an
expropriation.
The purpose of this report is to present this matter to Council for consideration.
Report to Common Council
February 22, 1999
Page 2
RECOMMENDATION
Your City Manager recommends that the following resolution be adopted:
" RESOLVED that the City accept $1067.00 and the fee
simple interest in Parcel Q (NBGIC #296939) as
compensation for the expropriation of a 1.679 hectare f
portion of NBGIC #297788), as generally shown on the
attached plan; and authorize the Mayor and Common Clerk
to execute a release in favour of the Province. "
Respectfully submitted,
� J
Sid Lodhi, P. Eng.
Manager
Real Estate and Facility Management
de MacKinnon, P. Eng.
Envirohment-& Develabment Services
Terrence Totten, C.A.
City Manager
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REPORT TO COMMON COUNCIL
�P
OPEN SESSION
M&C98 -1
January 5, 1998
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT
Sale of City Land - Fox Farm Road Area
BACKGROUND
City of Saint John
The City of Saint John owns a 20.4 hectare parcel of land along the McKay
Highway near the Fox Farm Road. This parcel was acquired in 1978 as part of
the Glen Falls Flood Control Program. The Province of New Brunswick is
planning to construct an access road from the Fox Farm Road interchange to the
Department of Transportation facility located off the McKay Highway. The
Province has made an offer of purchase as well as issued a notice of its intention
to expropriate_ The purpose of this report is to present the offer to Council for
consideration.
ANALYSIS
1. Strategic Plan Conform itv/ExistinZ City Policy_
Requests to purchase city land are forwarded to the Manager of Real
Estate and Facility Management for review and negotiations. Upon the
conclusion of negotiations, the results are presented to Council for
consideration.
2. Input From Other Sources
Earlier this year, the Province of New Brunswick had informed the City
of its desire to purchase a portion of NBGIC #297788 for an access
road. At that time, the Province was only offering $350/hectare. After
several telephone conversations and a meeting on October 21, 1997, a
Report to Common Council
January 5, 1998
Page 2
new offer of purchase was submitted. The basic elements of the new
offer are as follows:
► The proposed purchase price is $1,000/hectare of which $1,067
will be paid in cash and balance in land. The Province will
transfer the title to Parcel Q (NBGIC # 296939) to the City.
A value of $612 has been placed on Parcel Q which reduce the
amount payable from $1,679 (based upon a $1000 per hectare)
to $1,06 7. (Seethe attached Agreement of Purchase and Sale for
more details.)
As standard procedure on capital projects, the Province of New
Brunswick has, or will soon be issuing a notice of its intention to
expropriate the subject property.
3. Financial Implications
The proposed transaction will generate $1,067 in new revenues for the
City and will enhance the future property tax potential of the remaining
lands. After the access road has been constructed, staff will assess the
potential of developing the City's land in the subject area.
RECOMMENDATION
Your City Manager recommends that Common Council authorize the sale of a
1.679 hectare -t portion of NBGIC number 297788 (as generally shown on the
attached plan) to the Province of New Brunswick for the purchase price of
$1067.00 plus the fee simple interests in Parcel Q designated as NBGIC
number 296939, as per the terms and conditions set out in the attached
"Agreement of Purchase and Sale"; and that the Mayor and Common Clerk be
authorized to execute any required documentation, including the Agreement of
Purchase and Sale and subsequent deed.
R pectfully submitted,
Sid Lodhi, P. Eng.
Manager
Real Estate and Facility Management
r O
?.CIaude MacKinnon, P. Eng. Terrence Totten, C.A.
missioner City Manager
Environment & Development Services
The shaded area represents the subject parcel
I
AGREEMENT OF PURCHASE A SALE
LAND ONL Y
- THIS AGREEMENT made the day of 19
71 -S -370
P788/G4370
01dot
BETH EEN:
City of Saint John_
NAME OCCUPATION SPOUSE OCCUPATION
P_ f)_- RnY_1971 Saint Jnhn, N1% EZI 4T
CIVIC ADDRESS MAILING ADDRESS
NAME OCCUPATION SPOUSE OCCUPATION
CIVIC ADDRESS MAILING ADDRESS
hereinafter referred to as the "Vendor ", OF THE FIRST PART;
AND:
HER MAJESTY THE QUEEN in Right of the Province of New Brunswick, as
represented herein by the Minister of Transportation, hereinafter referred
to as the "Purchaser ", OF THE SECOND PART.
WITNE5SET11 that in consideration of the mutual covenants and agreements
herein contained and subject to the terms and conditions hereinafter set
out, the parties agree as follows:
1. The Vendor hereby agrees to sell to the Purchaser, and the Purchaser
hereby agrees to purchase from the Vendor, at the purchase price, all
that /those certain lot(s), piece(s) and parcel(s) of land situate, lying and
being in the City _ of Saint John
in the County of Saint John and Province of New Brunswick,
containing 1.679 hectares more or less, and more particularly shown as
Parcel(s) No. 97 -4 on the Plan(s) 11 -1- 0016 -1
Parcel(s) No. an the Plan(s) ,
Parcel(s) No. on the Plan(s)
hereto attached and marked "A" and is hereinafter referred to as the "said
land"
- 2 -
2. The Purchaser shall at his expense prepare the deed (including survey
plan, if' necessary) for the transfer of the "said land" and shall deliver
the Deed to the Vendor in accordance with Section 3 hereof.
3. This transaction of purchase and sale shall take place on the
settlement date hereinafter described, which settlement date shall be the
-late upon which the Purchaser delivers to the Vendor a Deed for the "said
land ".
The Vendor shall on the settlement date execute and deliver the said deed to
the Purchaser and the Purchaser shall upon receipt of the said Deed duly
executed by the Vendor pay to the Vendor the purchase price hereinafter
-lescribed.
4. The purchase price for the "said land" shall be the sum of $7,067.00
{ one thousand sixty -seven dollars subject
to the adjustments outlined in Section 7 hereof.
5. The Vendor shall not be bound to produce any Abstract of Title, or any
documents, copies of documents, or other evidence of title except such as
are in his possession or control.
6. The Purchaser may search the title to the "said land" at his own
expense and may at any time prior to the settlement date make written
objection to the Vendor regarding the title to the "said land ". In the
event the Vendor is unable or unwilling to remove or otherwise deal with the
objection to the satisfaction of the Purchaser, the Purchaser may at his
discretion cancel this Agreement.
7. All adjustments of rents and taxes shall be made to the settlement
date. The Purchaser reserves the right to deduct from the purchase price,
ii- r-Pi.nbefore stipulated, an amount equal to the taxes, under the Real
Property Tax Act, outstanding on the "said land" at the settlement date and
ro pay the amount so deducted in satisfaction of those outstanding taxes
- 3 -
8. In the event the Purchaser has not delivered to the Vendor a Deed
pursuant to paragraph 3 hereof within six months after the date of execution
of this agreement then this agreement shall be null and void.
9. The Vendor represents that the following are all of the mortgages and
encumbrances against the "said land" (if none, write Not Applicable (N /A)):
10. The following terms and conditions (if any) form a part of this
agreement; (if none, write Not Applicable (N /A))=
- Purchaser agrees to transfer Parcel Q, as indic_atell_on Ulan A, tc +re
vendor as partial � payment_
Cash payment of $1 067_nn, haled on 10(10 /ha, to ha made on the halanra
of land required. ... -__ ............ .._._ ..... .................. . .... __�
11. The Vendor agrees not to cut or remove any trees within the boundaries
of the "said land" unless specified in section 10 of this agreement. If any
cutting and or removal of said trees occurs pursuant to the date of signing
this agreement, this agreement will become null and void_
- S -
12 The Vendor states to the best of his /her knowledge that there are no
underground fuel tank(s) storage container(s) or contamination within the
boundaries of the "said land ".
13. The offer and agreement are subject to the approval of the Deputy
Minister of Transportation.
Tfiis agreement shall enure to the benefit of and be binding upon the heirs,
executors, administrators, successors and assigns of the Vendor and on the
successors and assigns of the Purchaser.
IX 1177AEIVS 1171F_REOr the Vendor (s) hereunto set hand and
seal and the Purchaser has set his hand the day and year first above
written_
SIGNED, SEALED AND DELIVERED }
IN THE PRESENCE OF
WITNESS
WITNESS
SIGNED AND EXECRfED
IN THE PRESENCE OF
WITNESS
MM /jh
SPOUSE (If applicable)
SPOUSE (If applicable)
HER MAJESTY THE QUEEN in right
of the Province New Brunswick
PURCHASER
} DEPUTY MINISTER OF TRANSPORTATION
R O U T E
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HER MAJESTY THE QUEER / /8/`//}
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CITY OF JAI NT'JfYN._. _
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tcvv
February 19, 1999
OPEN SESSION
Mayor Shirley A. McAlary and
Members of Common Council
Your Worship and Members of Common Council:
SUBJECT: FENCE AT ROBERTSON SQUARE
City of Saint John
At the Common Council meeting of February 8, 1999, a letter from the "Indianto"
Neighbourhood Watch" group concerning a potentially dangerous situation was
referred to the City Manager.
The letter referred to sections of a fence at Robertson Square being open and thus
providing free access to the old dilapidated wharf and the riverbank.
The fence in question is the property of the Saint John Port Corporation. They have
been contacted by staff and have indicated that repairs will be made quickly.
Staff will be advising the Indiantown Neighbourhood Watch group that the repairs
will be undertaken.
RECOMMENDATION:
To be received and filed.
espec ,filly submitted,
FPM.
Terrence L. Totten, CA
CITY MANAGER
,OUN A
M &C99 -56
February 22, 1999
HER WORSHIP MAYOR SHIRLEY MCALARY
AND MEMBERS OF COMMON COUNCIL
YOUR WORSHIP AND COUNCILLORS:
SUBJECT
Identifying Land for Future Sale
BACKGROUND
0,
City of Saint John
Further to the "Staff Report" of November 30, 1998, pertaining to management
and sale of City land, staff have commenced the review of the "Land for Public
Purposes" (LPP) category to identify parcels which could be divested of their
status and sold. A review of the City's LPP holdings in West Saint John has been
completed and three parcels (4 potential lots) have been identified as land not
utilized for its intended purpose and could be sold.
The purpose of this report is to present this matter to Council for consideration.
ANALYSIS
Strategic Plan Conformity/Existing City Policy
It is City policy that lands not needed for a current or future municipal
purpose be deemed surplus and publicly offered for sale. As per the
direction of Council, staff have sought to identify other City owned lands
with development potential for the purpose of making these lands
available for public sale. A review of land with the "Land for Public
Purposes" designation is consistent with the objectives of Council.
Report to Common Council
February 22, 1999
Page 2
2. The Sub'ect Properties
Staff have identified three parcels of land located in the western area of
the City which are not utilized as per their current designation (LPP), and
could be declared surplus to the City's needs. The subject parcels were
vested to the City by virtue of being designated "Land for Public
purposes" at the time of approval of the subdivisions (in which they are
located). hi order to dispose of these properties, Common Council, upon
concurrence of the Planning Advisory Committee, may pass a resolution
to dispose of these properties.
❑ 1 AND 2 ANGUS COURT, (NBGIC #279299 AND #55117600)
These two properties are located on Angus Court at the corner of
Tippetts Drive. Each lot contains approximately 9,000 square feet.
Despite their topography, both lots have potential for the
construction of single family homes. These properties can be
serviced with municipal water and sewer from the street.
❑ 1230 MANAwAGON1sH ROAD (NBGIC #55022542)
This is a 23,000 sq.ft. parcel located at the corner of Scotiaview
Drive and Manawagonish Road. The parcel could be subdivided
into two single family building lots. The proposed lots could be
serviced with municipal water and sewer from the street.
3. Input From Other Sources
Engineering, Planning and Parks have no objections to the sale of these
properties.
Section 43(1) of the Community Planning Act facilitates the disposal of
Land for Public Purposes.
4. Financiallmplications
In the event the aforementioned properties are sold and developed, the
City's taxbase would be enhanced by $400,000 to $600,000 resulting in
at least $6,900 in new annual tax revenues.
Report to Common Council
February 22, X 999
Page 3
RECOMMENDATION
Your City Manager recommends that Common Council seek the concurrence of
the Planning Advisory Committee for the sale of those lands currently designated
"Land for Public Purposes" listed below:
LOCATI07V
INBGIC
1 Angus Court
279299
2 Angus Court
55117600
1230 Manawagonish Road
55022742
In the event the Planning Advisory Committee concurs with the sale of the subject
parcels, it is further recommended that Council:
® Deem the above parcels surplus to the needs of the City of Saint John;
20 Authorize the subdivision of 1230 Manawagonish Road into two "building
lots ";
O Authorize staff to advertise for the purpose of soliciting proposals for the
sale of the aforementioned properties.
Upon the receipt of the proposals, staff will report back to Council with the
appropriate recommendations.
Respectfully submitted,
r . 6(2.
Sid Lodhi, P. Eng.
Manager
Real Estate and Facility Management
rr
de MacKinnon, P. Eng.
Commissioner
Environment & Development Services
,l
L�
Terrence Totten, C.A.
City Manager
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LIST OF COMPANIES THAT SUBMITTED TENDERS FOR JANITORAL SERVICES
YVONNE'S CLEANING
BONNEY ROAD
HAMPTON, NB
EOG 1 ZO
PHOENIX JANITORIAL
P.O. BOX 6478, STATION A
SAINT JOHN, NB
E21- 4R9
WALTER BEDDOW JANITORIAL
P.O. BOX 3383, STATION B
SAINTJOHN, NB
E2M 4X9
MODERN BUILDING CLEANING
P.O. BOX 426
FREDERICTON, NB
E313 4Z9
JANI -KING
P.O. BOX 2272
SAINT JOHN, NB
E21- 3V1
BOB'S MAINTENANCE
8 TISDALE LANE
SAINT JOHN, NB
E2J 2J4
ALTERNATIVE CLEANING
P.O. BOX 694
SAINT JOHN, NB
E21- 4133
REPORT TO COMMON COUNCIL
o.�
M & C — 99 -50 City of Saint John
16 February, 1999
Her Worship Shirley A. McAlary
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender for Janitorial Services
BACKGROUND:
Tenders have been received for the establishment of a supply contract for janitorial services
to the portion of the City Hall complex occupied by city departments.
This is a recurring contract with a term of 24 months from the date of award by Common
Council.
Eight companies chose to respond to the City's tender call by submitting bids.
Staff anticipate that during the term of this agreement changes in the amount of space
occupied by the City will take place. To this end, consideration was given in the tender for
a reduction in the cost of this service. Since the exact nature of the reduction is unknown at
this time, the amount of the reduction in cost will be proportionate to the amount of space
no longer occupied.
ANALYSIS:
Staff of Materials Management and Real Estate and Facility Management have reviewed all
the tenders received and have found them to be complete in every regard.
A summary of the tenders is enclosed for your consideration.
Page Two
FINANCIAL IMPLICATIONS:
If awarded to the lowest bidder as recommended, , the annual cost to clean the space
occupied by city departments in the City Hall complex will be $44,351.88, plus tax.
This is a planned expenditure and as such funds to cover the cost are included in the annual
operating budget.
RECOMMENDATION:
It is recommended that the tender of Maritime Custodian Services Ltd., in the amount of
$3,695.99 per month, for the provision of janitorial services to the space occupied by the City
of Saint John, in the City Hall complex, 15 Market Square, for a period of 24 months from
the date of award by Council, be accepted.
Respectfully subid,
David Logan, UPB
Purchasing Agent
PAV�-�;12 ;
T. L. Totten, CA
City Manager
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REPORT TO COMMON COUNCIL
M & C — 99 -53 City of Saint John
18 February, 1999
Her Worship Shirley A. McAlary
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Renovations Rothesay Ave.
BACKGROUND:
Bids have been received for the phase 1 renovations to the Rothesay Ave. Municipal
Operations Complex. These renovations are necessary to accommodate the planned
relocation of the Municipal Operations Department from the 7'1' floor of City Hall.
This, the first phase, requires the consolidation of two stock room areas into one. At
present, the general supplies inventory occupies 2,200 square feet of space on the
lower level of the Rothesay Ave main office building. Attached to this building is a
warehouse used primarily to house water and sewerage inventory; by streamlining
and reducing, where possible, the amount of inventory stored in the warehouse, staff
have identified 1000 square feet of floor space.
This renovation, when completed will see the installation of a second floor over the
previously identified 1000 square foot area thus doubling the space and allowing for
the consolidation of all inventory, except automotive parts, in one area.
ANALYSIS:
Bids were called to which 8 companies responded by submitting quotations. Staff of
Materials Management and Real Estate and Facility Management have reviewed the
bids and are satisfied that the lowest bidder has met all of the requirements.
A summary of the bids is enclosed for your consideration.
Page Two
FINANCIAL IMPLICATIONS:
The cost of this phase of the planned renovations to the Rothesay Ave complex, if
awarded to the lowest bidder as recommended, will be $27,722.00, plus tax.
This project has been identified in the 1999 Capital budget and while the budget has
yet to receive Council approval, it is necessary to move forward with phase 1 so that
planning for the next phase can begin.
RECOMMENDATION:
It is recommended that the phase 1 renovations to the Rothesay Ave Municipal
Operations Complex be awarded to ICR General Contractors Ltd., in the amount of
$27,772.00 plus tax and further that staff be authorized to spend the funds necessary
to complete this phase of the project, from the 1999 capital budget.
Respectfully submited,
A6i
David L R,_.+CP -N
Purchasing Agent
ePAV�s
Beckett, ,
T. L. Totten, CA
City Manager
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INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100000442.
Department: Common Clerk's -d-
Contact: Mary Munford
Phone: 658 -2862
Special Instructions (if any):
X
0
0
17
Newspaper Insertion Dates
(Check as applicable)
(ETG = Evening Times Globe; T -J = Telegraph Journal)
ETG City Information AD
Date(s): Tuesday, March 16, 1999
ETG Independent Placement Date(s):
ETG Classifieds Date(s):
T -J Independent Placement Date(s):
T -J Classifieds Date(s):
INFORMATION FOR AD
(Boldface anything you want Bold in Ad)
Section Headline: Q
Tender(s)
Proposals(s) X Public Notice(s)
Mayor's Message
General Notice(s)
Sub - Headline (if applicable
Text:
�! Call to Action: Mary L. Munford
I Common Clerk
I I Contact:
INSERT ATTACHED
Telephone: (506) 658 -2862
ENACTED BY -LAWS
Public Notice is hereby given that the following by -laws enacted by the Common
Council of The City of Saint John have been approved by the Minister of Municipalities
and Housing if required, and have been filed in the Office of the Registrar of Deeds in
and for the County of Saint John and became effective on the dates noted below,
namely:
DATED FILED
A Law To Amend The Municipal Plan By -law January 29, 1999
(amending Schedule 2 -A re 899 Somerset Street)
2. By -law Number C.P. 100 -487 A Law To Amend The January 29, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 899 Somerset Street)
3. By -law Number C.P. 100 -489 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re Proud Road)
4. By -law Number C.P. 100 -490 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 205 -207 Loch Lomond Road)
5_ By -law Number C.P. 100 -491 A Law To Amend The February 10, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re 304 Lawrence Long Road)
6. By -law Number C.P. 100 -492 A Law To Amend The March 1, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re land adjacent to 570 Rothesay
Avenue)
7. By -law Number C.P. 100 -493 A Law To Amend The March 1, 1999
Zoning By -law Of The City Of Saint John (amending
Schedule "A" re land adjacent to 18 Sussex Drive)
Office of the Mary L_ Munford
Common Clerk Common Clerk
March 3, 1999
Mr. Jim Baird, Manager
Community Planning
10th Floor - City Hall
Saint John, N.B.
Dear Jim:
P.O. Box 1971 506 658 -2862
Saint John
New Brunswick
Canada E2L 4L1
Re: land adjacent to 18 Sussex Drive
t�� A
City of Saint John
Enclosed is a copy of an amendment to the Zoning By -law of the City of
Saint John with respect to the above property.
Pursuant to the provisions of the Community Planning Act, the By -law
was filed in the Registry Office on March 1, 1999 and became effective
on that date.
Yours truly,
Mary L- T unford f/?
Common Clerk
MLM /jaf
encl.
PENDING
REZONING
PROPERTY LOCATION: - CP 100 -493 - adjacent to 18 Sussex Drive
SUBJECT: Amend Zoning By -Law
REGISTRY OFFICE:
- * *certify 2 copies of Rezoning By -law Amendment - letter size
- attach "A" (a signed copy of By -law)
- attach the street map (which is part of the By -law
** margins for these documents only - 2" top margin, 1.5" side margins
Common Clerk's Office will file the By -law, returning 1 copy the Office
COPIES TO JOHN NUGENT: -February 26, 1999
Copy to -
- Applicant - copy of By -law and all attachments
- cc: J. Baird - copy of By -law and all attachments
BY -LAW NUMBER C.P. 100 -493
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
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 fourteenth
day of November, A.D. 1983, is amended by:
Amending Schedule "A ", the Zoning Map of the City of Saint John, by re-
zoning a parcel of land located to the rear of 18 Sussex Drive, having an
area of approximately 750 square metres, also identified as being a
portion of NBGIC Number 55144109, from "P`° Park to "RM -2" High Rise
Multiple Residential classification
- 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
twenty- second day of February A.D. 1999 and
signed by:
kee
/Ior, te mem er of Cou cil who pr ded at
heymeet�ing at hich it was enacted; and
L. 11 .- L. /.
First Reading - February 15, 1999
Second Reading - February 15, 1999
Third Reading - February 22, 1999
Vic
COMMUNITY PLANNING
REZONING
AMENDING MAP SHEET 113 SCHEDULE "A' OF THE ZONING
BY -LAW OF THE CITY OF SAINT JOHN
sG
ss
F
i
O
� \
RIVE /0 I
a
0
-
s
FROM
TO
P Park
RM -2 High Rise Multiple Residential
Applicant: City of Saint John
Date Drn.: February 19, 1999
Location: Land Adjacent to 18 Sussex Drive
Drn. By: T. Duke
Recommended by P.A.C.: February 9, 1999
File No.: 06N -79SE
Enacted by Council:
55144109 (part of)
Filed in Registry Office:
BY -LAW NUMBER C.P. 100 -
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
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 fourteenth
day of November, A.D. 1983, is amended by:
1 _ Amending Schedule "A ", the Zoning Map of the City of Saint John, by re-
zoning a parcel of land located to the rear of 18 Sussex Drive, having an
area of approximately 750 square metres, also identified as being a
portion of NBG1C Number 55144109, from "P" Park to "RM -2" High Rise
Multiple Residential classification
- 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
day of A.D. 1999 and signed by:
, the member of Council who presided at the
meeting at which it was enacted; and
Common Clerk
First Reading - February 15, 1999
Second Reading - February 15, 1999
Third Reading -
wd) PROPOSED ZONING BY -LAW AMENDMENT
RE: LAND ADJACENT TO 18 SUSSEX DRIVE
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 regular
meeting to be held on Monday, February 15, 1999 at 7:00 p.m., by:
Rezoning a parcel of land located to the rear of 18 Sussex Drive, having an area of
approximately 750 square metres, also identified as being a portion of NBGIC
#55144109, from "P" Park to "RM -2" High Rise Multiple Residential, as illustrated
below.
(INSERT MAP)
REASON FOR CHANGE: To permit the land to be consolidated and used in
conjunction with an adjacent residential property.
The proposed amendment may be inspected by any interested person at the office of
the Common Clerk, or in the office of the Planning Department, City Hall, 15 Market
Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
At
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11 120 1212 2211
Department: Common Clerk's Office
Contact: Mary Munford
Phone: 658 -2862
Fax: 658 -2802
Special Instructions (if any):
X
Newspaper Insertion Dates
(Check as applicable)
(ETG = Evening Times Globe; T -J = Telegraph Journal)
ETG City Information AD
Date(s): Tuesday, January 19, 1999
Tuesday, February 9, 1999
ETG Independent Placement Date(s):
ETG Classifieds Date(s):
T -J Independent Placement Date(s):
T -J Classifieds Date(s):
INFORMATION FOR AD
(Boldface anything you want Bold in Ad)
Section Headline: 171
Tender(s)
0
Proposals(s) X Public Notice(s)
1711
Mayor's Message
C3
General Notice(s)
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Mary L. Munford
Common Clerk
Contact;
Telephone: (506) 658 -2862
On motion of Councillor Trites
tr Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, the proposed re- zoning of a portion of NBGIC
Number 55144109, located adjacent to 18 Sussex Drive ( NBGIC Number 47670), and
identified on the applicant's tentative plan which is currently zoned "P" Park, from "P"
Park to "RM -2" High -Rise Multiple Residential classification, be referred to the Planning
Advisory Committee for a report and recommendation and the necessary advertising be
authorized in this regard, with the public hearing to be held on Monday, February 15,
1999, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
With regard to recommendation (4) above, Councillor Fitzpatrick
proposed a motion, which was seconded by Councillor White, moving the
recommendation on condition that, prior to third reading, Council have a report back
from staff on the costing of the four lanes.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that third reading of the
proposed amendments be laid on the table until staff reports to Council on the costing of
the Planning Advisory Committee's recommendation (4) above and how it fits into the
1999 -2000 capital plan.
Question being taken, the tabling motion was carried.
(Councillor Vincent withdrew from the meeting due to a possible conflict
of interest.)
Planning P.O. Box 1971 506 658 -2800
Advisory Committee Saint John
New Brunswick
�C Canada E2L 4L1
OPEN SESSION
December 23, 1998
Your Worship and Councillors:
SUBJECT: Proposed Municipal Plan Amendment and Rezoning
899 Somerset Street
City of Saint John
On November 23, 1998 Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at its December 22, 1998 meeting.
The applicant was represented at the meeting by Messrs. Sterling Brown and
Bruce Dowd of Somerset Investments Ltd., Mr. Richard Turner of Hughes
Surveys & Consultants Ltd., and Mr. Don Good of FGA Consultants Ltd. Mr.
Brown addressed the Committee in support of the application and provided an
overview of the proposal. Mr. Dowd and Mr. Good answered specific questions
from the Committee.
Mr. Brown expressed general agreement with the recommendation in the attached
report. However, he requested that the small portion of the subject site, fronting
on Somerset Street between the former truss plant and the former north branch of
Rope Walk Road, be left in its current Light Industrial designation and "I -1"
zoning. He indicated that there might be an opportunity to consolidate this small
parcel. with another adjacent property that is currently zoned "I -1 ". As this area
provides the only frontage for proposed Lot 10, Mr. Brown indicated that the final
subdivision plan would be revised to eliminate Lot 10 from the proposal by
consolidating the remainder with one or more of the adjoining lots in the business
park. Staff expressed no objection to excluding this area from the proposed Plan
amendment and rezoning.
Mr. Harry Colwell, representing the Somerset Park Homeowners Association,
also attended the meeting in support of the proposal. He indicated that the
residents were opposed to the applicant's original plan because it contemplated
replacement of the present Lime Kiln/Somerset intersection with a dead end cul-
de -sac. Mr. Colwell stressed that the residents support the current proposal
Planning Advisory Committee
December 23, 1998
Page 2
because it indicates that the Lime Kiln Road/Somerset Street intersection will
remain open and that Lime Kiln Road will not be connected to the proposed
Technology Drive.
There was much discussion concerning traffic and access issues. The Committee
expressed the opinion that the planned improvements to Somerset Street (i.e.
widening to four lanes) should be completed as soon as possible.
No persons attended the meeting in opposition to the application, and no letters
were received.
After considering the report and presentations, the Committee decided to adopt
the staff recommendation contained in the attached report, with the exclusion of
the small Light IndustrialP'I -1" area mentioned above, and with an additional
recommendation concerning timing of the planned improvements to Somerset
Street.
A further report concerning the necessary subdivision approvals will be submitted
when Council considers third reading and adoption of the proposed amendments.
RECOMMENDATION:
That Common Council redesignate on Schedule 2A of the Municipal
Development Plan, from Medium Density Residential to Business Park, a
parcel of land with an area of approximately 62 acres, located at 899 Somerset
Street, having frontages on Somerset Street, Rope Walk Road, Millidge
Avenue and Sussex Drive, also being a portion of NBGIC number 55144109
and a portion of NBGIC number 415216, as illustrated on the attached
schedule.
2. That Common Council rezone the same parcel of land from "P" Park, "R -2"
One and Two Family Residential, "RM -1" Three Storey Multiple Residential
and "RM -2" High Rise Multiple Residential to `BP" Business Park, as
illustrated on the attached schedule, subject to a resolution pursuant to Section
39 of the Community Planning Act setting out the following conditions:
a) The use of the site is limited to a business park subdivision which may
include the following uses: assembly and manufacture of electronic
devices; banks and similar institutions; business office; communication
and telecommunications facility; commercial school; data processing
facility; daycare, nursery or kindergarten; laboratory or research centre;
personal service shop; printing or publishing service; post office or postal
station; repair service shop; retail store, as a secondary use to one of the
permitted uses; restaurant; recreation facility, gym or health club;
Planning Advisory Committee
December 23, 1998
Page 3
warehouse, as a secondary use to one of the permitted uses; wholesale
business or store; subject to Section 611(2)(a) of the Zoning By -law and
such other terms and conditions as may be imposed by the Committee,
industrial service or general manufacturing;
b) A buffer area with a minimum width of 10 metres, similar to the buffer
illustrated on the tentative subdivision plan dated November 1998, must
be maintained around the perimeter of the business park. Such buffer
must be maintained in its undisturbed natural state or, if disturbed, must be
landscaped with grass, shrubs and trees. This condition does not prevent
the placement of access driveways, pedestrian walkways and municipal
services and utility easements across the buffer area.
c) Notwithstanding condition (b), no driveway access is permitted from Rope
Walk Road, Millidge Avenue or Sussex Drive to any lot in the business
park.
d) No lot shall be developed, except in accordance with a detailed drainage
plan, prepared by the proponent and subject to the approval of the Chief
City Engineer, and a detailed site plan, prepared by the proponent and
subject to the approval of the Development Officer, illustrating all
buildings, structures, landscaped areas, natural buffer areas, paved parking
and driveways, concrete curbing, exterior lighting and signs, and other site
features.
3. That Common Council initiate rezoning of a portion of NBGIC #55144109,
located adjacent to NBGIC #47670 and identified as that part of Parcel A on
the applicant's tentative plan which is currently zoned "P" Park, from "P"
Park to "RM -2" High Rise Multiple Residential, by authorizing advertising
for a public hearing to be held on February 15, 1999.
4. That Common Council include the widening to four lanes and curbing of
Somerset Street, from the Superstore to the Lime Kiln Road intersection, in its
capital program for the year 2000, if not already included in the 1999 capital
program.
Respectfully submitted,
�I ma I � bt,��
Donald A. Bonnell
Chairman
RGP /r
Attachments
COMMUNITY PLANNING
MUNICIPAL DEVELOPMENT PLAN
AMENDING SCHEDULE 2 -A THE FUTURE LAND USE PLAN
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FROM
Medium Density Residential
Applicant: Somerset Investments Ltd.
TO
Business Park
Date Drawn: December 17, 1998
Location: 899 Somerset Street Drawn By: Tamara Duke
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Recommended by P.A.C.: December 22, 1998 File Number (s): 06N -79NE & 06N -79SE
Enacted by Council: 55144109 (part oD
Approved by Minister: 00415216 (part ofl
Filed in Registry Office:
b
Z
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FROM
P Park
COMMUNITY PLANNING
REZONING
AMENDING MAP SHEET 123 SCHEDULE "A" OF THE ZONING
BY-LAW OF THE CITY OF SAINT JOHN
K
SOM
U✓ �Tr
19�
R -2 One and Two Family Residential
RM -1 Three Storey Multiple Residential
RM -2 High Rise Multiple Residential
J � 1•r `r
i
TO
Business Park
Business Park
Business Park
Business Park
ET
�F
Pursuant to a Resolution Under Section 39 of the Community Planning Act
Applicant: Somerset Investments Ltd.
Location: 899 Somerset Street
Date Drn.: December 17, 1998
Drn. By: T. Duke
Recommended by P.A.C.: December 22, 1998 File No.: 55144109 (part - 9SE
Enacted by Council:
Filed in Registry Office: 00415216 (part of)
Community Jim Baird MCIP P.O. Box 1971 506 658 -2835
Planning Manager Saint John 506 658 -2837 (Fax)
New Brunswick
Canada E2L 4L1
DATE: DECEMBER 18, 1998
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING
FOR: MEETING OF DECEMBER 22, 1998
44dall G. ollock, MCIP
Planner
SUBJECT:
Name of Applicant: Somerset Investments Ltd.
Name of Owner: Somerset Investments Ltd. and Scottish
Enterprises Ltd.
Location: 899 Somerset Street
City of Saint John
NBGIC:
55144109 and part of 415216
Municipal Plan:
Existing: Medium Density Residential
and Light Industrial
Proposed: Business Park
Zoning:
Existing: "P" Park, "R -2" One and
Two Family Residential,
"RM -I" Three Storey
Multiple Residential, "RM -2"
High Rise Multiple
Residential and "I -1" Light
Industrial
Proposed: "BP" Business Park
Proposal:
To develop a business park
Somerset investments Ltd.
899 Somerset Street
Type of Application:
Page 2
December 18, 1998
Municipal Plan Amendment, Rezoning,
Subdivision and Variances as follows:
1. To permit proposed lots 8 and 9 to be
created as through lots, whereas the
Subdivision By -law prohibits through
lots;
2. To permit a modified P -shape cul -de -sac
turnaround on Eastridge (now Spectrum)
Court, whereas the Subdivision By -law
requires a symmetrical or reverse -P
turnaround;
To permit buildings in the business park
to have maximum heights of 6 storeys,
whereas the Zoning By -law permits a
maximum of 3 storeys or 14 metres;
4. To permit the issuance of building
permits and the development of
buildings in the subdivision in advance
of Development Officer approval of the
final subdivision plan, whereas the
Subdivision By -law requires subdivision
approval prior to the issuance of any
building permits.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to
give its views to Common Council concerning proposed amendments to the
Municipal Development Plan and Zoning By -law. Council will consider the
Committee's recommendation at a public hearing on January 4, 1999.
The Act also authorizes the Committee to advise Common Council with respect to
the location of streets and easements on a subdivision plan. The Subdivision By-
law authorizes the Committee to approve street names, as well as street
construction standards for non - residential subdivisions.
Somerset Investments Ltd. Page 3
899 Somerset Street December 18, 1998
The Act also authorizes the Committee to grant reasonable variances from the
requirements of the Subdivision By -law and Zoning By -law. The Committee can
impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council redesignate on Schedule 2A of the Municipal
Development Plan, from Medium Density Residential and Light Industrial to
Business Park, a parcel of land with an area of approximately 62 acres, located
at 899 Somerset Street, having frontages on Somerset Street, Rope Walk
Road, Millidge Avenue and Sussex Drive, also being a portion of NBGIC
number 55144109 and a portion of NBGIC number 415216, as illustrated on
the attached schedule.
2_ That Common Council rezone the same parcel of land from "P" Park, "R -2"
One and Two Family Residential, "RM -1" Three Storey Multiple Residential,
"RM -2" High Rise Multiple Residential and "I -1" Light Industrial to `BP"
Business Park, as illustrated on the attached schedule, subject to a resolution
pursuant to Section 39 of the Community Planning Act setting out the
following conditions:
a) The use of the site is limited to a business park subdivision which may
include the following uses: assembly and manufacture of electronic
devices; banks and similar institutions; business office; communication
and telecommunications facility; commercial school; data processing
facility; daycare, nursery or kindergarten; laboratory or research centre;
personal service shop; printing or publishing service; post office or postal
station; repair service shop; retail store, as a secondary use to one of the
permitted uses; restaurant; recreation facility, gym or health club;
warehouse, as a secondary use to one of the permitted uses; wholesale
business or store; subject to Section 611(2)(a) of the Zoning By -law and
such other terms and conditions as may be imposed by the Committee,
industrial service or general manufacturing;
b) A buffer area with a minimum width of 10 metres, similar to the buffer
illustrated on the tentative subdivision plan dated November 1998, must
be maintained around the perimeter of the business park. Such buffer
must be maintained in its undisturbed natural state or, if disturbed, must be
landscaped with grass, shrubs and trees. This condition does not prevent
the placement of access driveways, pedestrian walkways and municipal
services and utility easements across the buffer area.
Somerset Investments Ltd.
899 Somerset Street
Page 4
December 18, 1998
c) Notwithstanding condition (b), no driveway access is permitted from Rope
Walk Road, Millidge Avenue or Sussex Drive to any lot in the business
park.
d) No lot shall be developed, except in accordance with a detailed drainage
plan, prepared by the proponent and subject to the approval of the Chief
City Engineer, and a detailed site plan, prepared by the proponent and
subject to the approval of the Development Officer, illustrating all
buildings, structures, landscaped areas, natural buffer areas, paved parking
and driveways, concrete curbing, exterior lighting and signs, and other site
features.
3. That Common Council initiate rezoning of a portion of NBGIC #55144109,
located adjacent to NBGIC #47670 and identified as that part of Parcel A on
the applicant's tentative plan which is currently zoned "P" Park, from "P"
Park to "RM -2" High Rise Multiple Residential, by authorizing advertising
for a public hearing to be held on February 15, 1999.
4. That, if and when third reading is given to the rezoning mentioned in
Recommendation 2, Common Council assent to one or more subdivision
plans, in one or more phases, with respect to the vesting of Technology Drive
and Spectrum Court as public streets together with any necessary municipal
services easements and public utility easements.
5. That, if and when third reading is given to the rezoning mentioned in
Recommendation 2, Common Council authorize the execution of one or more
City/Developer subdivision agreements with respect to the proposal.
6. That the Planning Advisory Committee approve the street names Technology
Drive and Spectrum Court.
7. That the Planning Advisory Committee set the following standard of street
construction of Technology Drive and Spectrum Court:
a) Right of Way Width: 20 metres
b) Paved Surface: 1 I metres
c) Curbs: Continuous cast -in -place concrete, both sides,
dropped curbs at driveway entrances
d) Sidewalks: 1.5 -metre wide, one side, dropped at driveways
Somerset Investments Ltd. Page 5
899 Somerset Street December 18, 1998
8. That the Planning Advisory Committee grant the following variances from the
requirements of the Subdivision By -law:
a) to permit proposed Lots 8 and 9 to be created as through lots, on condition
that no driveway access is permitted from Rope Walk Road or Millidge
Avenue;
b) To permit the cul -de -sac turnaround at the end of Spectrum Court to be a
modified "P" shape, as illustrated on the submitted tentative plan;
c) To permit the issuance of building permits and the development of
buildings in the subdivision in advance of Development Officer approval
of the final subdivision plan.
9. That the Planning Advisory Committee grant a variance from the
requirements of the Zoning By -law to permit buildings within the proposed
business park to have a maximum height of 6 storeys.
INPUT FROM OTHER SOURCES:
Civic Addressing advises that the proposed street name Technology Drive is
acceptable; however, the proposed Eastridge Court may be confused with other
streets throughout the City which have the same prefix. The alternative street
name, Spectrum Court, is acceptable as it will not be confused in sound or
spelling with other street names.
Engineering has provided the following comments:
1. Water and sewer service can be provided. The applicant's engineering
consultant is examining servicing options now. As much sanitary sewage as
possible should be directed to Somerset Street, where it will go to the Cedar
Point Treatment Plant. This may require a sewer extension on Lime Kiln
Road to connect to the new sanitary trunk sewer in Somerset Street. Sewage
directed to Sussex Drive will flow untreated into the St. John River. In
addition, the sanitary servers on Sussex Drive may be too small to handle the
entire flow. Depending on the engineering consultant's analysis, some storm
sewers off site may have to be enlarged.
2. The applicant's original proposal indicated that the Lime Kiln Road/Somerset
Street intersection would be closed, with Lime Kiln Road becoming a cul -de-
sac and a connecting street built from Lime Kiln to Technology Drive.
Somerset Investments Ltd.
899 Somerset Street
Page 6
December 18, 1998
Engineering continues to support this original concept, in order to minimize
the number of intersections on Somerset Street. If Lime Kiln is kept open, the
two intersections will be only 60 metres apart. Although this separation
distance meets the minimum requirements of the Subdivision By -law, the
TAC guideline recommends a separation of intersections on arterial streets of
450 metres.
3. Derby Street, or a new street connecting Lime Kiln Road to Technology
Drive, should be built to local street standard with 9 -metre asphalt width,
concrete curbs on both sides and concrete sidewalk on one side. If the Lime
Kiln Road/Somerset Street intersection remains open, Derby Street (or other
connecting street) will not be necessary.
4. The two new streets should be built with 11 -metre asphalt widths and concrete
curbs. If the development has as many occupants as projected, sidewalks will
be needed on both sides of Technology Drive from the cul -de -sac turnaround
to at least Sussex Drive. One sidewalk will suffice from Sussex Drive to the
three pedestrian exits at Sussex, Somerset and Derby Street (if built). One
sidewalk is also sufficient on Eastridge (Spectrum) Court
Building and Technical Services has no objection. The proponent should be
aware that proposed buildings might require fire hydrants to be installed on the
individual lots, depending on the size of the individual building footprints.
Saint John Energy and NBTeI advise that an initial line can feed off Somerset
Street as a one -span aerial over the hill, and then underground across the lot with
conduit to the building. The developer would then construct an underground
conduit system along Technology Drive. This system would tie in with either
Rope Walk Road or back to Somerset Street via Technology Drive. NBTeI also
proposes a new underground system on Sussex Drive, which will tie into the
developer's project. The costs associated with this work (other than NBTel's
planned work on Sussex Drive) will be borne by the developer, and details can be
discussed at the time of request. There are also several other variations depending
on how the business park develops. Easements will be required
Fire Department has no objection to the proposal. The cul -de -sacs on Eastridge
(Spectrum) Court and Technology Drive must be able to provide turn- around
facilities capable of handling fire fighting vehicles.
Somerset Investments Ltd.
899 Somerset Street
ANALYSIS:
Site and Nei hbourhood
Page 7
December 18, 1998
The subject site is a large tract of land located in the northern part of the City,
extending from Rope Walk Road to Somerset Street and Sussex Drive. A portion
of the site also fronts on Millidge Avenue between Sussex Drive and Rope Walk
Road. This rugged area has remained vacant while, over the years, the
surrounding low land has developed with a variety of urban uses.
The site consists of a number of plateaus overlooking the surrounding city.
Access to the site is limited by the high elevation in relation to the surrounding
streets, particularly Millidge Avenue, Rope Walk Road and parts of Somerset
Street. The developer has roughed in a road off Sussex Drive in the area of the
proposed Technology Drive, and levelled a number of development sites in the
interior of the property.
The area to the west and south, centred on Lime Kiln Road, Sussex Drive and
Millidge Avenue is primarily a residential neighbourhood with a variety of
housing densities and types. These range from a mix of older and newer one and
two - family dwellings along Millidge, the Somerset Park townhouse development
on Lime Kiln Road, and a mix of semi - detached dwellings and walk -up apartment
buildings on Sussex Drive.
To the north of the site is a mixed commercial /industrial area focussed on
Somerset Street, the major arterial in the area. In recent years, this area has
experienced a gradual transition from an exclusively industrial area to more
commercial uses including a gas bar and convenience market, restaurant and,
most recently, the new Atlantic Superstore. The area to the east of the site,
beyond Rope Walk Road, is dominated by large institutional properties.
However, there are also a few residential uses fronting on the east side of Rope
Walk, across from the subject site.
Pro osal
The applicant has submitted the attached proposal to develop a high quality
business park subdivision, consisting of up to 10 large lots for office, commercial
and light industrial uses in a landscaped, campus -like setting. The proposed lot
sizes range from approximately 2 acres to approximately 6'/2 acres. The proposal
includes a minimum 10 -metre -wide natural buffer area around the edges of the
business park.
Somerset Investments Ltd.
899 Somerset Street
Page 8
December 18, 1998
Except for proposed Lot 10, access to all lots in the development will be via a new
street off Somerset Street, to be called Technology Drive. Technology Drive will
intersect with Somerset Street at a point approximately 200 feet east of Lime Kiln
Road. Proposed Lot 10 will be accessed directly from Somerset Street.
A small cul -de -sac, which was initially to be called Eastridge Court but has been
changed to Spectrum Court (See Civic Addressing comments), will provide
access to proposed Lots 8 and 9. Although Lots 8 and 9 also front on Millidge
Avenue and/or Rope Walk Road, direct vehicular access from these streets is not
feasible due to the topography.
The applicant indicates that, depending on the size and needs of potential
businesses, the lots may be combined to form larger development sites. For
example, Lots 2, 3 and 4 could be consolidated to form one large lot.
A small portion of the site, adjacent to Sussex Drive, is proposed to be excluded
from the proposed business park. This land, identified as Parcel A on the
applicant's proposal, is intended to be consolidated with the adjacent apartment
site(s) at 6 and/or 18 Sussex Drive. If the applicant's overall proposal is
approved, the portion of proposed Parcel A that is presently zoned "P" Park
should be rezoned to "RM -2" High Rise Multiple Residential so that it matches
the zoning of 18 Sussex Drive. Advertising and a public hearing will be required
for this additional change.
Muuici al Plan Amendment and Rezoning
The vast majority of the subject site is currently designated Medium Density
Residential by the Municipal Development Plan. A small portion of proposed Lot
10, adjacent to Somerset Street and the recently- closed section of Rope Walk
Road, is designated Light Industrial as part of the Shamrock Roof Truss property
expansion in the mid 1980s. However, this small area was not included on the
final subdivision plan that created the expanded Shamrock property, and thus
remains a part of the subject site.
The applicant has requested that the subject site be redesignated to the new
Business Park designation and rezoned to "BP" Business Park. The Business
Park concept was introduced by the recent Municipal Plan Update in order to
update the former Restricted Industrial designation. Such areas are expected to
provide the appropriate locations, facilities and environment for the current
demand for research, high technology and light industrial implementation and
related office uses, such as call centres and technical repair functions. A major
Somerset Investments Ltd.
899 Somerset Street
Page 9
December 18, 1998
feature of the Business Park concept is extensive landscaping, large lots and high
quality design standards.
The Municipal Plan Update did not include the subject site as a potential business
park area. However, a subsequent study by the Business Park Development Task
Force of Enterprise Saint John has identified the subject site, along with additional
lands to the north of Somerset Street, as one of four locations in the Saint John
metropolitan area that would be appropriate for such development.
The subject area is adjacent to an established commercial /industrial corridor on a
major arterial street. The elevation of the site in relation to the surrounding City
provides panoramic views of the harbour and Uptown area, making it a potentially
prestigious location for business park uses. At the same time, the physical
characteristics of the site provide a natural separation and buffer from adjacent
activities, including the adjacent residential neighbourhood.
Permitted Uses and Buffering
The "BP" Business Park zone permits a limited range of uses that are generally
appropriate in most business park environments. It is recommended that all of
these uses be permitted within the proposed business park, with a few exceptions.
The exceptions are a motel/hotel and a movie theatre, neither of which would
appear to be appropriate in this location. In addition, it is suggested that retail and
warehouse uses only be permitted as secondary uses. These restrictions are
included as suggested Section 39 conditions.
In addition, the applicant's proposed 10 -metre (minimum) buffer area around the
edges of the park should be incorporated into the Section 39 conditions. The
majority of this buffer area should be maintained in its natural state and, where
disturbed, should be landscaped with grass, trees and shrubs. Driveways,
walkways and easements would be allowed within these required buffers, where
appropriate.
Traffic and Access
Traffic and access are the major issues with respect to the proposed development.
The applicant has submitted the attached traffic report prepared by FGA
Consultants Ltd. to address these issues. The report examines access, traffic
levels, trip generation, traffic impacts (including a signal warrant analysis) and
street infrastructure requirements, based on a "full build -out" estimate of 300,000
square feet of business park uses. Based on this "worst case scenario ", a weekday
Somerset Investments Ltd.
899 Somerset Street
Page 10
December 18, 1998
traffic estimate of 3,870 vehicles is predicted, with a morning peak hour of 425
vehicles and an evening peak hour estimate of 405 vehicles.
Access and Relationship to Lime Kiln Road and Sussex Drive
The entrance to the development is via Technology Drive off Somerset Street.
This intersection location provides acceptable sight distances both ways on
Somerset Street; however, it is only 60 metres from the intersection of Somerset
and Lime Kiln Road. Although this 60 -metre separation meets the requirements
of the Subdivision By -law, Engineering has pointed out that the separation of
intersections on arterial streets should ideally be 450 metres, according to
Transportation Association of Canada guidelines. Although there are few
instances in the City where this standard is met, the proposal should be considered
carefully.
Earlier preliminary versions of the applicant's proposal addressed this issue (at the
suggestion of the City) by proposing the closure of the Lime Kiln/Somerset
intersection and replacing it with a cul -de -sac turnaround at the north end of Lime
Kiln Road. Derby Street or some other connecting street between Lime Kiln and
Technology Drive would then be constructed to provide access from Lime Kiln
Road to Somerset via the new intersection. This earlier proposal is still supported
and, in fact, is recommended by Engineering. However, the initial feedback from
Somerset Park residents with respect to changing Lime Kiln Road into a cul -de-
sac was overwhelmingly negative. As a result, the applicant has proposed that
both intersections remain open with no connection between Lime Kiln Road and
Technology Drive.
The configuration proposed by the applicant conforms to the Subdivision By -law
and, in view of the desires of the community, can be supported. It should be
noted that the attached traffic study does not raise the separation distance as a
significant issue. However, the situation will need to be monitored on a regular
basis as the business park develops.
Similarly, the applicant's original proposal did not include any connection of
Sussex Drive to Technology Drive, in order to avoid directing traffic through the
residential area. Based on feedback from property - owners on Sussex Drive, who
wish to maintain an alternative access, the proposal now includes such a
connection. As noted in the traffic study, it is important to discourage the use of
Sussex Drive as an access to the business park. The intersection has been
designed so that Technology Drive is the through movement, and turns will be
discouraged through the use of directional signage. These measures have been
used successfully in other situations, but it is recognized that they will not be a
Somerset Investments Ltd. Page 11
899 Somerset Street December 18, 1998
deterrent to all through traffic. It will also be important for the City to monitor
Sussex Drive on an ongoing basis to identify if the connection is becoming
problematic.
Somerset Street/Technology Drive Intersection
A signal warrant analysis was completed by the traffic consultant with the
assumption that all traffic would use the Somerset/Technology intersection. The
study indicates that signals should not be required, even with full build -out traffic.
The intersection will operate with an overall level -of- service A during the
morning peak hour, and a level -of- service B during the evening peak. It is
recommended that, as the business park develops toward full build -out, traffic
volume counts should be recorded periodically and utilized to complete signal
warrant analyses at different development stages.
The traffic study recommends that a dedicated left -turn lane be incorporated into
the Somerset Street approach to Technology Drive, as well as dedicated left -hand
and right -hand turn lanes on Technology Drive at the intersection.
Street Standards
The applicant has submitted the attached "typical cross section" for the two
proposed streets in the subdivision. It indicates a 20 -metre right -of -way, I 1 -metre
paved surface, concrete curbs on both sides, and concrete sidewalk on one side.
This is a suitable standard for the proposed business park, and will help to project
a high- quality image for the development.
The need for sidewalks on both sides of the streets has been considered, and in
fact is recommended by Engineering for a portion of Technology Drive.
However, a sidewalk on both sides of the street is not considered to be necessary
given the nature of the development. It should be noted that the applicant intends
to provide a landscaped or natural separation between the sidewalk and curb
wherever possible. In addition, although not shown on the tentative plan, the
applicant has indicated that other pedestrian paths are envisioned throughout the
business park (including pedestrian connections to adjacent streets). This concept
is encouraged as it will contribute to the campus -like environment, as well as be
convenient to employees in the business park.
The cul -de -sac turnarounds at the end of Technology Drive and Spectrum Court
will be 19 metres in diameter, which conforms to the Subdivision By -law and
provides the necessary curb -to -curb radius for City equipment. Because of
topographic considerations, the Spectrum Court cul -de -sac is not perfectly
Somerset Investments Ltd.
899 Somerset Street
Page 12
December 18, 1998
symmetrical nor can it be configured in a reverse -P shape. A variance has been
requested, and is recommended for this minor street that will serve two of the lots.
Street Names
The proposed street names Technology Drive and Spectrum Court are not similar
in sound or spelling to existing streets. Therefore they can be approved.
Lot ConfiEuration and Site Development
All of the proposed lots meet the requirements of the Subdivision and Zoning By-
laws, except for Lots 8 and 9. These two lots are proposed as through lots, as they
will front on both Spectrum Court and Rope Walk Road. Lot 8 will also front on
Millidge Avenue. Nevertheless, vehicular access to these lots from either Rope
Walk or Millidge would be difficult or impossible to achieve due to the
topography. A variance to permit the creation of Lots 8 and 9 as through lots is
recommended in view of the topography, on condition that no driveway access is
permitted from Rope Walk Road or Millidge Avenue.
Section 39 conditions are recommended with respect to submission of detailed
site and drainage plans to the Chief City Engineer and Development Officer for
approval in conjunction with the development of the individual lots. This
condition will help to ensure that a high standard of development, as envisioned
by the applicant and required by the policies of the Municipal Plan for Business
Park areas, is maintained.
Potential Develo3ment Opportunity
The applicant is currently negotiating with a potential client who will be requiring
a business park location in the very near future for a significant development
project. If this development were to be realized, it would occupy a combination of
three or more lots on Technology Drive. This client has specific needs, including
a building height (office use) of up to six storeys. As the "BP" Business Park
zone provisions limit the height of buildings to a maximum of three storeys, a
variance has been requested.
Approval of the requested variance can be considered in this situation on the basis
of the relative isolation of the subject site from surrounding properties, due to the
topography and elevation. The additional building heights will not block views or
result in other negative impacts on the surrounding properties because of the
characteristics of the site. In this situation, the requested variance can be
supported.
Somerset Investments Ltd.
899 Somerset Street
Page 13
December 18, 1998
In view of the potential time constraints for this possible project, a further
variance is recommended to permit the development of the subdivision streets and
services and the proposed buildings at the same time. The usual procedure
outlined by the subdivision by -law is that the roads and services must be
completed to a certain standard before any building permits can be issued. This
requirement exists in order to protect purchasers of residential lots from situations
where the house has been built but cannot be connected to water, sewer and or
power. In the case of a large office development, however, it is reasonable to
permit construction of the building to occur at the same time as the subdivision is
being developed. Therefore, a variance is recommended to provide for this
possibility.
CONCLUSION:
The subject site has been identified as an appropriate area for the development of
a high quality business park. Approval of the proposal is recommended, subject
to a number of conditions designed to ensure that the development occurs in an
appropriate manner, with minimal impact on the adjacent residential areas.
RGPIr
COMMUNITY PLANNING
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NBG1C Number (s):
Subject Site: = --
55144'109
00415216 (part ofl
Address: 899 Somerset Street
Map Number: 06N -79NE & 06N -79SE
Date: December 3, 1998 Scale: N.T.S.
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77 -gfftc Impact Study for the Somerset � 'echnology park
1.0 INTRODUCTION
Spectrum Enterprises Ltd. of
site as a Business Park. This
Road to the east, Sussex
west. The proposed name of
The tentative site plan (Dra
Page 1
john is proposing to develop a 16.5 hectare (40.8 acre)
is bounded by Somerset Street to the north, Rope Walk
Avenue to the south and Line Kiln Road to the
development is Somerset Technology Park.
Number 14206 -Z) shows 10 potential lots available for
development. Discussion with Je developer indicated there were no committed tenants
S
as of yet, but the potential full build out of the Park could result in upwards of 8 buildings
With a maximum square footage
build out estimate has been util
2.0 ACCESS
if 27,885 square metres (300,000 square feet). This gull
to address the traffic related issues.
The- primary access to the site ill be via an urban local street that intersects Somerset
Street 60 metres to the east of Kiln Road. This new street (called Technology Drive
on the site plan) extends from
then turns in a northeasterly h+
The street will be constructed
width of 10 metres, face of curb
2.4 metre park lane. A 1.5 met
end of the street a 13 metre rad
merset Street in a southerly direction onto the site and
in¢ to the centre of the site, ending as a cul -de -sac.
ithin a 20 metre right -of -way and will have an asphalt
:o face of curb. This permits two 3.3 metre lanes and a
wide concrete sidewalk will also be constructed. At the
cul -de -sac is proposed.
FGA Consultants Ltd.
Trqffic Impact Study for the Somerset J�echnology Park
Page 2
Shown below in Table 1 is a omparison of the proposed street dimensions with the
Transportation Association Canada (TAC) minimum guidelines for local m str
industrial/comercial eets . = guidelines are met.
TABLE 1
OF STREET CHARACTERISTICS
TAC Minimum
Street Characteristics Proposed- Guidelines
Lane Width 3.3 m 3.3 m
Park Lane 2.4 m 2.4 m
Sidewalk 1.5 m 1.5 m
Cul -de -Sac Radius 13 m 11 m
The proposed street has a mini
towards.the middle of the site.
urban local street with a desigr
minimum radius curve of 85 m.
cum radius curve of 50 metres where the street swings
Chis is representative of a minimum radius curve for an
speed of 40 km/h. A 50 }m71h design speed requires a
As iadicated above, the p ' `access to the development will be via Somerset Street•
The site plan also shows a Conn Iron to Sussex Drive from Technology Drive. With this
connection, the intent is to close I e existing gravel road that Connects to Line Kiln Road.
The use of Sussex Drive as a j s Drive access to /from the development should be
discouraged because of the gra s on Sussex rive near Millidge Avenue and the local
residential status of Sussex Dr4e, However, there has been some desire to maintain a
FGA Consultants Ltd.
Trgffac Impact Study for the Somerset j�echnology Park
3.0
Page 3
connection between the propos � street and Sussex Drive to enable an alternate access
from the residential arcs in case f bad weather or an emergency. This connection could
also serve as an emergency accJs for the Business Park.
if this connection is maintained; it is recommended the use as an access to the Park be
discouraged. This can be partifilly done by installing signs that do not permit specific
movements. For example, a �' left turn sign should be installed on the new street
approach from the cul -de -sac to rohibit left turns to Sussex Drive. A no right turn sign
should also be installed on the S, ssex Drive approach to Technology Drive.
The connection to Sussex Drive
and the residential development
approximately 604 metres long.
will access the Park via Somerse
control and turning movement p
Somerset Street.
EXISTING TRAFFIC
The Traffic En,gm=nng Section
traffic volume data at various
traffic volume estimates on
In 1997, a traffic count taken at
there are 8,000 vehicles daily
Adding the additional traffic
Superstore on Somerset Street
provide an emergency access option to both the Park
ig Sussex Drive. The proposed Technology Drive is
discussed later, the traffic analysis assumes all traffic
eet. This provides a worst case scenario from a traffic
of view at the intersection of Technology Drive with
the Municipal Operations Department annually collects
sections throughout the City. From these counts daily
and collector streets are produced.
Millidge Avenue /So==t Street intersection indicated
Somerset Street adjacent to the proposed development.
rich has been generated by the recent opening of the
;alts in a daily traffic estimate of 10,500 vehicles.
FGA Consultants Ltd.
Trgfflc Impact Study for the Somerset P chnology Park
Page 4
On Millidge Avenue adjacent to }C site the daily traffic is 11,100 vehicles. There are no
traffic volume estimates availabl `I for Rope Walk La= or Linc Kiln Road but the volumes
would be considerably lower either Somerset Street or Millidge Avenue.
4.0 TRIP GENERATION
The proposed Business Park
proceeds. An estimate of the tj
Technology Drive with Somer
volumes and the potential full
access tolfrom the Business Pai
TE
generate traffic at various levels as development
c volumes that can be expected at the intersection of
Street has been produced based on existing traffic
d out of the Park. it is assumed that all traffic will
at this location.
As indicated in Chapter 1.0, 1 Park could patentially contain 300,000 square feet of
floor space. Utilizing the trip ra s produced by the Institute of Transportation Engineers
for a Business Park, the follow* traffic volume estimates have been produced:
weekday f affic
morning ak hour
in
out
Total
cvcnmg p
in
out
Total
hour
3870
355
425
95
UQ
405
FGA Consultants Ltd.
Trc{ ffac impact Study for the Somerset echnology Park
Page 5
These volumes have been assigns to the intersection approaches of Technology Drive and
Somerset Street based on the cx�l =g population distribution. It is desirable that Sussex
Drive not be utilized as an acc s to the Park because of the grade and the residential
development adjacent to it. It is ikely, however, that some traffic will utilize this access
location, even with appropria signing to restrict certain turning movements. To
determine whether the inters I' 'on of Technology Drive with Somerset Street can
accommodate traffic efficiently a, full build out of the Park, all the traffic to and from the
site has been assigned to thus to tion.
5.0 TRAMC IMPACTS
To determine whether a stop
approach to Somerset Street,
completed based on the existis
additional generated traffic by
generated traffic will be new t
In Canada, the decision to instal
guided by signal warrant precede
Traffic Control I]evices for C1
Association of Canada (TAQ
municipalities and provincial go
The signal warrant investiga
accidents at an intersection,
potential, delay and vehicular
gn should be implemented on the Technology Drive
traffic signals installed, a signal warrant analysis was
trafnc volumes on Somerset Street and the estimate of
e Business Park. It was assumed that 75 percent of the
fic along Somerset Street.
a traffic signal at an intersection has traditionally been
es which are documented in a manual entitled Uniform
jada. The manual is published by the Transportation
and the procedures have been adopted by several
ernments throughout Canada.
procedures take into consideration past or potential
lable crossing gaps for turning traffic, progression
and both vehicular and pedestrian intersection volumes.
FGA Consultants Ltd.
Trclfflc Impact Study for the Somerset i�echnology Park
The TAC methodology for ev
a priority rating point system i
the installation of signals, This
factors listed in the previous
However, the final decision i
Judgment of the traffic engineer
a major influence on motorists s
and transport costs. Generall
improvement in the safe, conv�
Experience has shown that a si
time increase delay and user a
must also be given to fuel
Ixlaneouvres.
The traffic signal investigatio
evaluation process is divided it
of past or potential, accidents.
been given.
The second section of the
Page b
Ling the need for signals at any intersection is based on
vhich a total of 100 points or greater generally warrant
iority point system reflects the contribution the various
graph have on signal requirements.
gaps, delay and vehicular stops
characteristics and the
have on existing signal installatii
approximately 350 metres at the
signals within the influence zor
it still be based on the experience and professional
ro is investigating their needs, since traffic signals exert
pedestrians with respect to such things as delay, safety
signals are warranted when the net effect will be an
:nt and economical movement of persons and goods.
1 installation may decrease accidents, but at the same
In other cases, the opposite is true. Consideration
,umption requirements as a result of stop and go
warrant and priority rating work sheet used in the
three sections. The first section deals with the impact
:e no accident experience is available, a zero value has
rating work sheet is concerned with available crossing
The primary concern with respect to these circulation
of signals is the influence a new set of signals would
s. To the cast of the proposed street, signals are located
unerstore driveway, To the west and north there are no
FGA Consultants W.
Traffic Impact Study for the Somerset kechnology Park page 7
The final section of the work she t addresses not only available crossing gaps, but also the
influence of the magnitude of hicular and pedestrian intersecting volumes on traffic
circulation.
Utilizing the traffic volume es tes along Somerset Street and the trip generation
estimates for the full build out of the park, SS priority points were obtained. As indicated
previously, this assumes no ports are contributed by the potential accident experience.
Based on the above analysis, si �` s are not required at this intersection, even with full
build out traffic.
If a stop sign is put in place Zii e Technology Drive approach to Somerset Street, there
are three critical movements h must yield the right-of-way when negotiating a turning
movement at the intersection. ese are left and right turns from Technology Drive to
Somerset Street, and left turns fr , m Somerset Street to the Technology Drive. A level of
service analysis was completed t; determine the efficiencies of these turning movements.
Level of service of at -grade stop ign controlled 'intersections is a qualitative measure that
characterizes operational con ' ions within a traffic stream and their perception by
motorists and passengers. The ee critical movements mentioned above are gemrally
evaluated.
The efficiency or operational 1 vel of service of a stop sign controlled intersection is
measured in terms of the averag total delay per vehicle negotiating tb.c critical movements
on the intersection approaches a peak hour period. The level of service criteria for
the critical movements are give in Table 2.
FGA Consultants Ltd.
2i -4flc impact Study for the Somerset rechnology Park
Level of Service A represents
traffic conditions which are
indicating some type of street i
implemented. Usually interse
Page S
good traffic conditions, while level of service F reflects
'oa.ching significant congestion and delay, generally
structure and /or traffic control improvement should be
is should be designed to operate at level of service C.
TABLE 2
LEVEL OF SE VICE CRITERIA. FOR TNVO -WAX
STOP -COQ LLED (TWSC) INTERSECTIONS
Level of ervice
Al
Average Total Delay
sec /veh
� 5
B�
>5 and -<,-10
C
10 and 520
D�
> 20 and -!5,3 0
E
> 30 and 545.
F11
> 45
This provides sufficient intersec t'orllthe capacity to accommodate future traffic growth. The
lower limit of level of service E intersection approaches is generally considered the
capacity.
The total delay is defined as the 1
the queue until the vehicle depa l
for the vehicle to travel from tli
tal elapsed time from when a vehicle stops at the end of
from the stop line. This time includes the time required
last -in -queue position to the first -in -queue position.
FGA Consultants ltd.
7'rq ffic Impact Study for the Somerset technology Park
Both the morning and evening
morning peak, left turns into the
left and right turns from the site
The intersection will operate at
majority of traffic in inbound to
The evening peak hour will resu
build out_ Left turns into the s:
from the site. However, left
conditions with average total su
not exceeded, traffic negodath
operate at level of service B o,
build out.
Page 9
ik hour travel periods have been evaluated. In the
e are projected to operate at level of service B, while
® projected at level of service C and A, respectively.
overall level of service A. As can be appreciated the
site with little traffic outbound.
in a much higher volume of traffic exiting the site at full
will operate a level of service B, as well as right turns
Arns from the site will experience level of service E
delays per vehicle of 37 seconds. Although capacity is
this turn will experience delay. The intersection will
rall. It should be noted that these conditions are at full
It is recommended that initial" the intersection be controlled by a stop sign on the
Technology Drive approach. the Park develops towards full build out, traffic volumes
counts should be recorded peri ally on both Somerset Street and Technology Drive to
determine traffic increases. Tbuts t volumes should be utilized to complete signal warrant
analysis at different developme stages.
6.0 STREET
On the Technology Drive appro
should be provided. This would
turning traffic.
REQUMNEFNTS
to Somerset Street, a separate left and right turn lane
►ble right mrns to be made without delays from the left
FGA Consultants I=.
_... . n 2 3 _ w7 n
1 is Impact Study for the Somerset ''schnoIogy Park
It is also recommended a Sep
traff c to pull out of the through
The. approach for this left turnip
through traffic movements to p
Technology Drive is located
City's by -laws for street sep�
Because of the grade of Somerse
of Technology Drive, available
TAC guidelines. The available
120 metres, while to the west 3'
required for a 60 lanlh design
Page 10
left turn lane on Somerset Street be provided to enable
ne while they wait to negotiate their left tarn movement.
traffic is on an upgrade and a left turn lane would enable
teed without having to stop.
m east of the existing Line Kiln Road. This meets the
street and the crest vertical curve on Somerset Street cast
apping sight dis=" was measured and compared to the
cpping sight distance to the east of Technology Drive is
metres is available_ Th minimum stopping sight distance
ccd street (posted speed of 50 km/h) is 85 metres.
FGA ConsuUMS Lm.
COMMUNITY PLANNING
MUNICIPAL DEVELOPMENT PLAN
AMENDING SCHEDULE 2-A THE FUTURE LAND USE PLAN
S 1E RS��..S`'t
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FROM
Medium Density Residential
Light Industrial
'Applicant: Somerset Investments Ltd.
Location: 899 Somerset Street
Recommended by P.A.C.:
Enacted by Council:
Approved by Minister:
Filed in Registry Office:
PR.oE
TO
Business Park
Business Park
oM
ERs
ET s
laO
Date Drawn: December 17, 199B
Drawn By: Tamara Duke
File Number (s): 06N-79NE & 06N-79SE
55144109 (part of)
00415216 (part of)
COMMUNITY PLANNING
REZONING
AMENDING MAP SHEET 123 SCHEDULE "A" OF THE ZONING
BY -LAW OF THE CITY OF SAINT JOHN
E
T
11
MFR
SFT
sT F
FROM
TO
P Park
BP
Business Park
R -2 One and Two Family Residential
•Q: WBP
Business Park
RM -1 Three Storey Multiple Residential
BP
Business Park
RM -2 High Rise Multiple Residential
'�-:•'•
BP
Business Park
-� - - "
BP
Business Park
1 -1 Light Industrial
*Pursuant to a Resolution Under Section 39 of the Community Planning Act
Applicant: Somerset Investments Ltd.
Location: 899 Somerset Street
Recommended by P.A.C.:
Enacted by Council:
Filed in Registry Office:
Date Drn.: December 17, 1998
Drn. By: T. Duke
File No.: 06N -79NE & 06N -79SE
55144109 (part of)
00415216 (part of)
DRAFT
BY -LAW NUMBER C.P. 100*
A LAW TO AMEND THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
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 fourteenth
day of November, A.D. 1983, is amended by:
Amending Schedule "A ", the Zoning Map of the City of Saint John, by re-
zoning a parcel of land located to the rear of 18 Sussex Drive, having an
area of approximately 750 square metres, also identified as being a
portion of NBGIC #55144109, from "P" Park to "RM-2" High Rise
Multiple Residential classification
- 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 '
day of * A.D. 1999 and signed by:
*, the member of Council who presided at the
meeting at which it was enacted; and
Common Cleric
First Reading
Second Reading
Third Reading
PIanning
Advisory Committee
Z/C
OPEN SESSION
February 10, 1999
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Proposed Rezoning
Land Adjacent to 18 Sussex Drive
City of Saint John
On January 4, 1999 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its February 9, 1999 meeting. No persons
attended the meeting to speak in favour of or against the proposal, and no letters
were received.
The Committee adopted the recommendation contained in the attached report.
RECOMMENDATION:
That Common Council rezone a parcel of land located to the rear of 18 Sussex
Drive, having an area of approximately 750 square metres, also identified as being
a portion of NBGIC #55144109, from "P" Park to "RM -2" High Rise Multiple
Residential.
Respectfully submitted,
Brian C
Chairman
RGPIr
Attachments
Community Jim Baird MCIP P.O. Box 1971 506 658 -2835
Planning Manager Saint John 506 658 -2837 (Fax)
New Brunswick
Canada E2L 41,1
DATE: FEBRUARY 5, 1999
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING
FOR: MEETING OF FEBRUARY 9, 1999
WD& dA (�ffi P
Randall G. Pollock, M IP
Planner
SUBJECT:
Name of Applicant: City of Saint John
Name -of Owner: Somerset Investments Ltd.
Location: Land Adjacent to 18 Sussex Drive
NBGIC: Part of 55144109
Municipal Plan: Medium Density Residential
City of Saint John
Zoning: Existing: "P" Park
Proposed: "RM -2" High Rise Multiple
Residential
Proposal: To consolidate the subject site and other
lands with the adjacent residential properties
Type of Application: Rezoning
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to
give its views to Common Council concerning proposed amendments to the
Zoning By -law. Council will consider the Committee's recommendation at a
public hearing on Monday, February 15, 1999.
City of Saint John
Land Adjacent to 18 Sussex Drive
STAFF RECOMMENDATION TO COMMITTEE:
Page 2
February 5, 1999
That Common Council rezone a parcel of land located to the rear of 18 Sussex
Drive, having an area of approximately 750 square metres, also identified as being
a portion of NBGIC #55144109, from "P" Park to "RM -2" High Rise Multiple
Residential.
BACKGROUND:
On January 12, 1999 Common Council rezoned the majority of the Somerset
Investments Ltd. property from "P" Park to "BP" Business Park, in order to
permit the development of a business park subdivision. A portion of the area
(Parcel `A' on the attached excerpt of Somerset's tentative plan) was excluded
from the rezoning. Parcel `A' is to be consolidated with the adjoining lands at 6
and 18 Sussex Drive.
INPUT FROM OTHER SOURCES:
Engineering has no objections.
Building and Technical Services has no objection
ANALYSIS:
The subject site is located to the rear of the parking lot for 18 Sussex Drive, a
walk -up apartment building. The balance of Parcel A, which is already zoned
"RM_1" and "RM -2 ", consists of the access driveway from Sussex Drive to the
parking lots for 6 and 18 Sussex Drive. The property at 6 Sussex Drive also
contains a walk -up apartment building. As noted above, Parcel `A' was not to be
included as part of the business park development. It will be consolidated with
the residential properties.
The proposed rezoning will place the subject site in the same zone as the
adjoining residential uses. Approval is recommended.
RGP /r
�j
270
2 263
5
261
257
59
255
COMMUNITY PLANNING
ft, +-
Subject Site:
Address: Land Ad scent to 18 Sussex Dr.
Map Number: 06N -79SE
Date: January S, 1999 Scale: N.T.S.
•
NBGIC Number (s):
55144109 (part oo
A
f - o
U C ,
all-
Area ').4 ho.
1 Area 1.0 ho. t
1
1 1
1 1
BUFFER 1 1
Leighside
Parcel A �t
o^ reo 1759 sq.m, tf o Holdings Ltd.
�f �� Property
�9 V
NOTE : P el A is to be
o fo he adjoining
o v
rei h i d se oldings Ltd.
y Leighside P ert
W,-,Iriinnc I +r-I 1 _
C
/5
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on Monday, February 15, 1999, when
there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase,
Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee
submits the following recommendations, namely:
1. That as recommended by the City Manager, Common Council approve
the submitted Classification Table and Salary Ranges for Managerial /Professional
positions, effective January 1, 1999.
2. That as recommended by the City Manager, Common Council (1) decline
the Offer of Purchase and Sale for the Water Street parking lot site (NBGIC Number
55011894, or portions thereof) as presented by Prudential Properties Specialists and
Excel Real Estate Inc. on behalf of 508517 N-B_ Ltd.; (2) advise 508517 N.B. Ltd. and its
Brokers that the subject property is not for sale at this time; and (3) authorize the
preparation of a subdivision plan for the purpose of defining the subject property and to
facilitate the vesting of those portions of the site occupied by Water Street_
Respectfully submitted,
&,-C-
February 22, 1999, Ahirley McAla
Saint John, N.B. C h a i r m a n.
a �e�' (--,
MANAGERIAL/PROFESSIONAL POSITIONS
CLASSIFICATION TABLE
& SALARY RANGES
EFFECTIVE JANUARY 01, 1999
CLASS' N STEPS
GRADE
1.0375
MIN
2
3
4
5
6
MAX
1
28,361
34,032
39,705
45,377
51,050
56,721
62,394
68,066
73,738
79,410
29,006
34,807
40,608
46,408
52,211
58,012
63,812
69,613
75,415
81,215
29,651
35,581
41,509
47,440
53,371
59,300
65,231
71,160
77,090
83,021
30,295
36,354
42,413
48,472
54,530
60,589
66,649
72,7 08
78,766
84,825
30,939
37,127
43,316
49,503
55,690
61,879
68,066
74,255
80,444
86,629
31,585
37,900
44,217
50,535
56,850
63,167
69,484
75,802
82,118
88,435
32,228
38,674
45,120
51,566
58,012
64,457
70,999
77,348
83,794
90,240
II
III
IV
V
VI
Vil
VIII
IX
X
1.0375
Saint John
Parking
Commission
February 12, 1999
Mayor Shirley McAlary &
Members of Common Council
City of Saint John
8th Floor, City Hall
Saint John, NB
Your Worship & Members of Common Council:
RE: Deep See — The Visual Arts Street Festival
9th Floor, City Hall, P.O. Box 1971
Saint John, N.B. E2L 4L1 Tel.: 506 - 658 -2897
Fax: 506- 649 -7938
At its regular meeting on February 10, 1999, the Saint John Parking Commission
discussed the letter received from the Common Clerk's Office with regard to the
above -noted festival.
The Saint John Parking Commission does not have any problem supporting the
request of the Saint John Art Advisory Board to use two of our parking locations
on Canterbury Street from 7:00 a.m. on Saturday, May 8, 1999 until 7:00 a.m. on
Sunday, May 9, 1999, under the following conditions:
1. The City approves of their festival and agrees to close Canterbury Street as
outlined.
2. The Saint John Art Advisory Board agrees to pay for any damage to the
parking garage resulting from the festival and cleans up both areas before
7:00 a.m. on Monday, May 10, 1999.
3. The Saint John Art Advisory Board arranges to have insurance coverage that
will cover any claims or accidents that may arise as a result of the festival.
Policy arrangements must be confirmed by Emery LeBlanc, Insurance Co-
ordinator for the City.
4. A diagram be provided indicating where the tents will be located on the upper
level of the parking garage and confirmation be provided on how the tents will
be constructed.
Mayor Shirley McAlary &
Members of Common Council
February 12, 9999
Page 2
5. Arrangements be made to ensure that no tent is constructed by placing pegs
in the brick or concrete.
Please advise our office if any additional information is required.
Yours truly,
Mike Brown
Vice - Chairman
Saint John Parking Commiss'
MB /vj
cc: Terry Totten, City Manager
Judith Mackin, Deep See Festival
February 18, 1999
VIA TELECOPIER NO. 632 -6120
AND REGULAR MAIL
Mayor Shirley McAlary and
Members of Council
City of Saint John
P_O_ Box 1971
Saint John, N.B.
E2L 41-1
Dear Mayor McAlary and Council:
Re: JOINT MEETING WITH COUNCIL OF ESJ
Enterprise Saint John is obligated under our Letters Patent to present our annual
report to a joint meeting of the Councils of the Municipalities of Greater Saint John. The joint
meeting has been scheduled for Tuesday, March 30, 1999 at 7:00 p.m_ at a location yet to be
determined.
Please mark your calendars.
We would very much appreciate your attendance. The meeting will be open to the
media and the public.
We look forward to the opportunity to review with Councils the Commission's activities
and highlights from 1998, our audited financial statements and our outlook for 1999.
Further details will be forthcoming in the next two weeks. We look forward to you
joining us on March 30tH
DGB /dac
Your very truly,
GREATER SAINT JOHN ECONOMIC
DEVELOPMENT COMMISSION—INC.
David G
Chairpe
Together we're greater! • Plus forts ensemble.
Grand flay- Westfield • Quispamsis • ftothesay • Saint John
NEORV
WDUL-M o
rEB 19 1999
cCenue
ENTERPRISE
40 King Stnxt
40 King Snort
Saint John, Nli. Ilrun.- -Lk
Canada
SAINT JOHN
ephnne1.O
7eJephnne (5116)
lull Frm 1 800 561 -287
✓ ' V Jfj_ J J
izwimJe (506) 658 -28'2
E-mail ocononkOnbnanku
February 18, 1999
VIA TELECOPIER NO. 632 -6120
AND REGULAR MAIL
Mayor Shirley McAlary and
Members of Council
City of Saint John
P_O_ Box 1971
Saint John, N.B.
E2L 41-1
Dear Mayor McAlary and Council:
Re: JOINT MEETING WITH COUNCIL OF ESJ
Enterprise Saint John is obligated under our Letters Patent to present our annual
report to a joint meeting of the Councils of the Municipalities of Greater Saint John. The joint
meeting has been scheduled for Tuesday, March 30, 1999 at 7:00 p.m_ at a location yet to be
determined.
Please mark your calendars.
We would very much appreciate your attendance. The meeting will be open to the
media and the public.
We look forward to the opportunity to review with Councils the Commission's activities
and highlights from 1998, our audited financial statements and our outlook for 1999.
Further details will be forthcoming in the next two weeks. We look forward to you
joining us on March 30tH
DGB /dac
Your very truly,
GREATER SAINT JOHN ECONOMIC
DEVELOPMENT COMMISSION—INC.
David G
Chairpe
Together we're greater! • Plus forts ensemble.
Grand flay- Westfield • Quispamsis • ftothesay • Saint John
NEORV
WDUL-M o
rEB 19 1999
since /depuis
1819
Saint Joan Board of Trade
Bureau de Commerce de Saint John
40 rue King St - C.P. /F.O. Sox 6037 - Saint John, NB - E2L 4R5
Tel: (506) 634 -8I 11 -Fax (506) 632 -2008 - E -Mail: sjbtrade @nbnet.nb ca
February 18, 1999
Mayor Shirley McAlary
& Members of Common Council
City of Saint John
P.O. Box 1971
Saint John, N.B.
Eli, 4L1
Dear Mayor McAlary:
We have been advised that the term of office for one of the Saint John Board of Trade's nominees to the
Board of Directors of Enterprise Saint John, Mr. Bruce Dowd, expires on March 31St of this year.
Members of our Board of Directors have asked that I convey to you our recommendation that Mr. Terry
`1'recartin, a respected local entrepreneur, be appointed to the Board of Enterprise Saint John for a three
year term commencing on April 1, 1999.
Thank you for your consideration.
Yours truly,./
P
1
Darryl oyetche1
General Manager
cc. Mr. David Barry, Chairperson
Enterprise Saint John
We Mean Business _. Nous sommes d'affaires
F8 Y a IM
mwr
2�a
PHN
February 18, 1999
SAINT ,JOHN YOUTH HOCKEY ASSOCIATION
Attention: Common Council
P.O. Box 2641, Saint John, N.B. E21- 4Z1
The Saint John Sports Plus Juvenile "A" team have the opportunity to host the Atlantics for the
Juvenile "A" division. These young gentlemen are aged 18 - 20 years old. This is an opportunity
that comes along once in a lifetime for some of these kids. They have come up through the system
of minor hockey learning the fundamentals of the game, comradship and being a team player.
It involves teams from New Brunswick, Prince Edward Island and Nova Scotia. They have
played a long and hard season for the privilege of participating in this event. Even as we speak no
one knows what teams will have the privilege of representing their province, that will be decided
at the end of March.
But because of regulations of the Minor Hockey Council, no team can host any tournament
during the Easter Weekend thereby the posibility of not having an Atlantics seems to be a reality.
We have been told that there will be no rinks open in Saint John after the end of March. Because
of that we have looked at every other venue that had the possibility of being open to us, from
Quispamsis to the River Valley Community Centre, but to no avail. We are not looking for a free
ride, we know that in hosting this event comes the financial responsibilty. What we are asking is
that the City Council will look at keeping the Gorman Arena open so that we are able to host the
Atlantics during the weekend of April 9, 10 & 11 /99. With Saint John Youth Minor hockey
paying an average of approximately $80,000.00 a year for ice time, we do not feel that the
extension would be too much to ask, as I would suspect that there is not one organization in the
city of Saint John that does spend that much per year for ice time.
The Saint John Sports Plus Juvenile "A" team and the Executive of Saint John Youth Minor
Hockey thank you in 4dvance for hearing us out.
Yours in Hockey,
1 1
Dianne Warner
Tournament Director, SJYMHA.
Manager, Saint John Sports Plus
� 1
/f ohn Richardson
President, SJYNIHA
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