2006-09-11_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Saili1t John
Common Couricil Meeting
Monday, September 11, 2006
Common Counbil Chamber
Supplemental Agenda
1. Committee of the Whole Agenda item ....Iegal Session 10.2(4){f,g)
5.2 Replacement of Report - Sale of City ~and off Lockhart St. and Cranston Ave
(Recommendation)
Re: 9.1 Report dated August 10, 2006 - Stop liJp and Closure of a Public Road -
Constance St.
10.1 Third Reading Zoning By-law Amendment - 57 Broadview Ave.
10.2 City Market By~law Lease of Stalls 18, 19, & 20 - 1 st and 2nd Readings
City of Sai~t John
Seance du cons,i1 communal
Le lundi 11 sep~embre, 2006
Salle du conseill communal
L'ordre du jour sl!JPph~mentaire
1. comite plenier - session juridique alinela 10.2(4)(f,g)
5.2 addition du rapport de 10 aout, 2006 - Vente de biens-fonds municipaux situes
pres de 1a rue Lockhart et de l'avenue Cranston (recommandation)
Alinea 9.1: Fermeture de 1a rue Constance
10.1 Troisieme lecture de l'arrete sur Ie zonage visant Ie 57, avenue Broadview
10.2 premiere and seconde lecture du projet! de modification de l'Arrete concernant Ie
marche de The City of Saint John relativement a la location des etals nOs 18, 19 &
20
REPORT TO COMMON COUNCIL
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M & C - 2006-254
September 11, 2006
His Worship Mayor Norm McFarlane
Members of Common Council
Your Worship and Councillors:
SUBJECT:
i
Sale of City Land-OffLockh~rt Street and Cranston Avenue
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BACKGROUND:
In 1997, Council authorized the listing of a nu ber of City owned properties that were
deemed to be surplus to the City's needs, inc\u ing; one off Lockhart Street (PID
Number 24927) and another off Cranston Aven e (PID Number 31401). The City has
owned the property off Lockhart Street since 1 43. This parcel ofland is significantly
lower than the other properties along Lockhart treet and is not serviced by water or
sewer. This parcel measures approximately 69 square metres (7,513 square feet).
The parcel located off Cranston Avenue has be n owned by the City for a number of
years. In 1980, the City reacquired its lease ho d interest from Mrs. Earl Boyce in the
property. The parcel is narrow, covering appro imately 508 square metres (5,468 square
feet) and is more or less a raised rock outcrop. ite development would be costly.
Since the two above noted properties were dee ed surplus, there have been a number of
persons interested in acquiring one or both of t ese lots for re-development purposes.
However, in all cases once the difficulties of d eloping these lots were investigated, the
offers were withdrawn. It would appear new d velopment on either of these parcels is
highly unlikely, given their site issues. I
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Rather than selling these lots for redevelopmen , it became evident the only reasonable
value either ofthese lots had was for them to b consolidated with another adjoining
property. In 2004, Real Estates Services had b en negotiating with Mr. Herman Wasson,
owner of203 Cranston Avenue (PID Numbers 6302 and 26310); to consolidate the two
City owned parcels with Mr. Wasson's prope . A small single family dwelling is
situated on this property. However, Mr. Wass n passed away prior to the completion of
these negotiations.
City of Saint John
ANALYSIS:
Since the passing of Mr. Herman Wasson, his p operty at 203 Cranston Avenue was sold
and is now owned by Jennifer Carter and James Reeder. The new owners are interested
in acquiring both parcels of land to be consolid ted with their property for the purpose of
increasing the size of their residential lot. This and is not intended for redevelopment.
These two parcels ofland have been deemed su Ius to the City's needs for almost 10
years. It is the opinion of Real Estate Services e most appropriate and possibly only
feasible use for the two City owned parcels is t consolidate them with an adjoining
residential property. In light of this, Real Estat Services has negotiated with the new
property owners of 203 Cranston Avenue to sel the two City parcels of land for a total of
$3,000.00 plus H.S.T. This price significantly xceeds the amount secured in the sale of
two other surplus parcels in the Cranston A ven e area in the past five years. If Council is
in agreement with this offer, the recommendati n contained in this report will facilitate
the transfer of these two parcels of land.
RECOMMENDATION:
I. That The City of Saint John sell the fee simple interest in PID Numbers 24927
and 31401 to Jennifer Carter and James Reeder for $3,000.00 plus HST, on or
before Friday, December 22, 2006, wit the condition that the two above noted
properties are required to be consolidat d with the property identified as civic
#203 Cranston Avenue (PID Numbers 6302 and 26310).
2. That the Mayor and Common Clerk be uthorized to sign any necessary
documents required to finalize this tran action.
Respectfully submitted,
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Jim R. Baird, MCIP
Commissioner
Planning and Development
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Terrence Totten, FCA
City Manager
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Planning and De:velopment
Real Estate :Services
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Description of Plan: Sale of two City own d lots that are deemed surplus to
the City's needs.
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Add ess: Properties Off Lockhart Street
and ranston Avenue
Oat : September 6, 2006
PID: 24927 and 31401
REPORT TO COMMoN COUNCIL
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M & C - 2006-235
August 10, 2006
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Stop Up and Closure of a ublic Road - Constance Street
City of Saint John
Earlier this month, the City received a re uest from the owner of an adjoining
property at 20 Natalie Street to stop up a d close an undeveloped right of way
known as Constance Street. This right 0 way is about 18.9 metres wide and
approximately 56 metres in length. The s eet has not been developed and over
the years, portions of it have gone throu h a similar process. This is the last
remaining portion of this street right-of- ay to be stopped-up and closed. The
neighbourhood has matured in such a ma er that this right of way is no longer
necessary.
As is standard, the City has had prelimina y discussions with offered portions of
the to be stopped up and closed right of ay to the adjoining neighbours for a
specified unit rate and a proportionate sha e of the advertising and survey costs,
all subject to Council's approval. All three of the adjoining property owners have
indicated they are prepared to acquire their hare of the right-of-way.
The stop up and close procedure is a re atively long process, which can take
several weeks. As such, staff would like to commence the stop up and closure
and report back to council with the results f the subdivision and sale in the event
the right of way is successfully closed.
RECOMMENDATION:
That the Public Hearing for the considerati n ofthe passing of a By-law to Stop
Up and Close a 1,021 square metre::!: publi street, known as Constance Street, be
set for Monday, September 11,2006 at 7:0 p.m. in the Council Chamber.
Res ;~fUllY SUbrn~t. ed, ,//
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/ Jim R. Baird, MCIP
:/Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT
REZONINGJ REZONAGE
Amending of Schedule · At! of the Zoning By-Law
of the City c f Saint John
Modifiant Annexe <<A>> d u Reg/ement de zonage
de la ville de Saint John
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RM-IF - Multiple Residential I nfi II r
d'edification de logements multiples
sur terrain intercalaire
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IL-1 - Neighborhood Institutional
Applicant:
Location:
Comeau MacKenz e Architecture
57 Bradview Avenue
PID(s)/NIP(s)
00000257
06N-97NW
Drawn By/Creee Par: David Couture
Date Drawn/Carte Creee: Augus 29 AoQt, 2006
Recommended by PAC.lconsidere par Ie C.( .U.: August 28 Aout, 2006
Enacted by Council/Approuve par Ie Conseil:
Filed in Registry Office/Enregistre Ie: '
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BY-LAW NUMBER C-l
A BY-LAW RELATING TO THE MARKET
IN THE CITY OF SAINT JOHN
Be it enacted by the Common Council of
The City of Saint John as follows:
A By-law ofthe City of Saint John entitled
"A By-law Relating to the Market In The City of
Saint John", enacted on the 18th day of May, A.D.
2005 is hereby amended as follows:
1 Amending Section 5(2) by adding the
following immediately after subsection 5(2)(k):
(1) Stalls 18,19 & 20
IN WITNESS WHEREOF The City of Saint John
has caused the Common Corporate Seal of the said
City to be affixed to this by-law the 25th day of
September A.D. 2006 and signed by:
Mayor/Maire
~TE NUMERO C-l
~TECONCERNANTLEMARCHEDE
THE CITY OF SAINT JOHN
Le conseil communal de The City of Saint
ohn edicte:
Par les presentes, l'arretede The City of
aint John intitule <<Arrete concernant Ie marche de
he City of Saint John>> edicte Ie 18 mai 2005, est
odifie comme suit
La modification du paragraphe 5(2) par
l'adjonction de ce qui suit immediatement apres
l'alinea 5(2)(k):
(1) Kiosques 18, 19 & 20
N FOI DE QUOI The City of Saint John a fait
pposer son sceau communal sur Ie present arrete Ie
5 septembre 2006, avec les signatures suivantes:
Common Clerk/Greffier c mmunal
First Reading
Second Reading
Third Reading
- September 11, 2006
- September 11, 2006
remiere lecture
euxieme lecture
roisieme lecture
11 septembre, 2006
11 septembre, 2006
PID:
BY-LAW NUMBER M-23
A BY-LAW TO AMEND
A BY-LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
1 A by-law of The City of Saint John
entitled, "A By-law Respecting The
Stopping Up and Closing of Highways In
The City of Saint John", enacted on the
nineteenth day of December, A.D. 2005, is
hereby amended by adding thereto Section
191 immediately after Section 190 thereof,
as follows:
191 The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
CONSTANCE STREET: That 60 foot
(18.29 metre) wide public street in the City
of Saint John, County of Saint John and
Province of New Brunswick called
Constance Street, extending northerly from
Natalie Street its entire breadth for
approximately 183.2 feet (55.8 metres)
more or less to the southern boundary of
that portion of Constance Street
discontinued by a resolution of the
Common Council of The City of Saint John
adopted July 2, 1969.
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. 2006
and signed by:
Mayor/Maire
NID:
ARREnt NO M-23
ARREnt MODIFIANT
L' ARREnt SUR L'INTERRUPTION
DE LA cmCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
ommunal, The City of Saint John a
ecrete ce qui suit :
Par les presentes, l' arrete de The
ity of Saint John intitule, (( L'arrete sur
1 interruption de la circulation et la
rmeture des routes dans The City of Saint
J hn >>, decrete Ie 19 decembre 2005, est
odifie par l' aj out de l' article 191
i mediatement apres l'article 190, comme
s it:
91 Par les presentes, The City of Saint
ohn barre et ferme de fa<;:on permanente la
ortion d'une route suivante :
UE CONSTANCE: Une route publique
'une largeur de 18,29 metres (60 pieds),
ituee dans The City of Saint John, dans Ie
omte de Saint John et dans la province du
ouveau-Brunswick, nommee rue
onstance, se prolongeant en direction
ord a partir de la rue Natalie en conservant
on entiere largeur sur une distance
'environ 55,8 metres (183,2 pieds) plus ou
oins jusqu'a la limite sud de cette partie
e la rue Constance conformement a la
'solution du conseil communal de The
ity of Saint John adoptee Ie 2 juillet 1969.
N FOI DE QUOI, The City of Saint John
fait apposer son sceau communal sur Ie
resent arrete Ie * 2006, avec les
ignatures suivantes
Common ClerklG effier communal
First Reading - September 11, 2006
Second Reading - September 11, 2006
Third Reading -
remiere lecture - 11 septembre, 2006
euxieme lecture - 11 septembre, 2006
roisieme lecture -