2006-10-10_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Sai t John
Common Cou cil Meeting
Tuesday, Octo er 10, 2006
Location: Common ouncil Chamber
Re: 12.9 Land Exchange City of Saint John a d Collings
13 Committee Reports
13.1 Committee of the Whole Report - App intments to Committees
City of Sai t John
Seance du conse"l communal
Le mardi 10 0 tobre 2006
Emplacement: Salle d conseil communal
L'ordre du jour 5 pplementaire
Alinea 12.9 Land Exchange City of Saint Jo and Collings
13" Rapports de comites
13.1 Rapport de comite plenier - No inations aux comites
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REPORT TO COM
M & C - 2006-281
October 6, 2006
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
ON COUNCIL
SUBJECT: Land Exchange City of Sai t John and Collings
BACKGROUND:
On October 31, 2005 Common Council res
"WHEREAS the building located at 73 ake Cove Lane, Saint John, N.B.
(Service New Brunswick PID #353821) was constructed too close to the First
Loch Lomond Lake without a building ermit having been obtained, contrary
to the City's Building By-Law and Zoni g By-Law;
AND WHEREAS Mr. Peter E. Collings and Mrs. Coleen F. Collings, the
owners of the property, have not compli d with an Order from Mr. William
Edwards, Building Inspector, that was s rved on Mr. Collings on September
19,2005 and Mrs. Collings on Septemb r 21,2005 and which required them
to demolish the building and remove th debris within 30 days unless in the
meantime they had obtained a building ermit, a location variance from the
City of Saint John, any required permits or approvals from the Province of
New Brunswick, and had moved the Co lings building from the Collings land
to a location where the building is no 10 ger within 150 metres of the shore of
the lake and complies with all applicabl requirements of the Saint John
Zoning By-Law.
AND WHEREAS Mr. Peter E. Collings and Mrs. Coleen F. Collings have not
complied with the aforesaid Order that as issued by Mr. William Edwards:
AND WHEREAS Mr. and Mrs. Colling have, through their solicitor,
indicated their willingness to remove th ir building but have requested that
City of Saint John
Report to Common Council
October 6, 2006
Page 2
they be allowed until July 31, 2006, to 0 so, and they have indicated their
willingness to sign a Consent Court Or er to that effect. .
RESOLVED that Mr. William Edwards is hereby designated and authorized
to make an application on behalf of the ity of Saint John to the Court of
Queen's Bench of New Brunswick for Order that will require Peter E.
Collings and Coleen F. Collings to: (1) ithin 60 days, or within such other
time as the Judge may allow, either de olish the building that is located on
this property at 73 Lake Cove Lane, Sai t John, N.B., and remove the debris,
or obtain any municipal and/or New B swick permits and/or approvals that
may be required and move the building 0 a location where it is no longer
within 150 metres of the First Loch Lo ond Lake and complies with all
applicable requirements of the City of S int John Zoning By-Law; and (2) in
the event that Peter E. Collings and Col en F. Collings do not comply with the
Order from the Court of Queen's Bench that the City is authorized to cause
the demolition of the building, removal f the debris, and rehabilitation of the
property, and (3) the Collings pay to th City of Saint John court costs in such
an amount as the Judge may allow."
It is further resolved that, having regard to the representations and request
made by Mr. and Mrs. Collings through their solicitor and having regard to
the approach of likely adverse weather d ground conditions during the
coming Winter and Spring, the City Sol citor or his designate is hereby
authorized to sign on behalf of the City consent Court Order that will,
among other things, allow Mr. and Mrs. Collings until July 31, 2006, to either
remove their building from the property or demolish the building and remove
the debris."
With direction from Council and Senior M agement, Real Estate Services
embarked upon a process to identify City 0 ed land which may be deemed
available for an exchange with the Collings for their waterfront parcel located at
73 Lake Cove Lane. Utilizing the City's Ge graphic Information System, a
thorough search for available lands within reasonable proximity to the Colling's
existing dwelling was conducted. After 100 ing at a number of alternatives and
using creative problem solving, the followi g solution was found.
It was determined a 2 acre :f: parcel could b created in City owned lands located
off a private right-of-way owned by Ms. B bara Rowe. The proposed lot could
be subdivided from the larger parcel PID #55023451 ( 64 acres +/-), again a City
owned parcel which fronts along Loch Lorn nd Road and is bordered by the
aforementioned private road, PID # 550182 3. The City land was originally
acquired to provide watershed protection fo the City's water supply. The
proposed 2 acre portion sits outside the Cit ' s watershed boundary and beyond
the Province of New Brunswick's regulatio of a 150 foot setback from the
watercourses supplying potable drinking w er. Municipal Operations and
Report to Common Council
October 6, 2006
Page 3
Engineering has approved of the proposed ubdivision and subsequent exchange
in principal. Ms. Rowe has agreed to provi e right-of-way to the Collings so they
may access the proposed lot.
The Collings were initially granted until Ju y 31, 2006 to relocate or remove their
dwelling at Lake Cove Lane. Real Estate S rvices could not identify an
appropriate site and accordingly secure sta support until mid-July. As such, the
resolution providing direction to the Buildi g Inspector to commence the process
to demolish the building effective August I 2006 required reconsideration. The
proposed amendment hoped to provide the ity and Collings with adequate and
necessary time to seek PAC's approval to c eate the proposed lot and for the
Collings to commence due diligence in pre aration for the potential relocation of
the dwelling including but not limited to; fi al governmental approvals for well
and septic, hydro servicing plan, site prep tion and dwelling location.
On August I, 2006 Common Council resol
"1. Common Council authorize the ity Solicitor or his designate to apply
for and consent to an amendment to the existing Consent Order, which is
dated January 19, 2006. The existin Consent Order required Peter E.
Collings and Coleen F. Collings to i ediately cease using or permitting
the use of their property at 73 Lake ove Lane, Saint John, N.B., for
business purposes and to refrain fro such use in the future. It also
required them to demolish or remov their building that is located on the
property no later than July 31, 2006 The amendment is to extend the
deadline until not later than Octobe 31, 2006, or until such time as there is
a failure to obtain the approvals, pe its and easement required with
respect to a parcel of land that Mr. d Mrs. Collings intend to purchase
from the City, whichever occurs firs. The Building Inspector is directed
to not proceed with the demolition f the aforesaid building until he
receives further direction from Co on Council.
2. The City of Saint John exchange e fee simple interest in a to be
created 2 acre +/- portion ofPID #5 023451 (as generally shown on the
submitted sketch) with Coleen and eter Collings for the fee simple
interest in PID 353821, 73 Lake Co e Lane on or before October 31, 2006
conditional upon the following:
A. the Planning Advisory Committe approves the subdivision of a 2
acre::I: parcel fronting on a private ri ht-of-way (PID # 55018253); and
further
B. the Collings acquire any necess rights-of-way, easements and
approvals from the Province ofNe Brunswick's Department of
Environment and Department of He Ith required to relocate their dwelling
Report to Common Council
October 6, 2006
Page 4
from 73 Lake Cove Road to the to b created parcel on or before October
31, 2006, and further;
C. that the Mayor and Common Cle k be authorized to sign any document
required to effect this transaction."
Staff subsequently made application for the ecessary subdivision approvals. At
its meeting of September 5, 2006 the Planni g Advisory Committee approved the
creation of the 2 acre +/ - parcel fronting off a private road. More particularly
PAC's recommendation to Council provide the following;
1. That Common Council assent to
Saint John tentative subdivision pI
utility easements.
e attached photo reduced City of
with respect to any necessary public
2. That the Planning Advisory Co ittee approve the existing private
roadway known as Cropley Lane, bing situated on the adjacent Barbara
Rowe Property (PID No. 55018253) as the means of access for proposed
lot 06-01, on the condition that a no tion be placed on the final
subdivision plan clearly indicating t at the access is private and no service
will be provided by the City of Sa in John.
On September 11, 2006 Common Council ave assent to the attached photo-
reduced City of Saint John tentative subdivi ion plan with respect to any
necessary public utility easements. With the support of Council and of PAC
secured, the Collings' work has begun in e est. The Collings will now have to
prepare the site, install a well and septic sys em satisfactory to regulatory agency
approvals, install the foundation and allow i to cure to support the loads of the
dwelling, run hydro poles and service and fi ally coordinate the relocation of their
existing dwelling to its new home which is 0 small undertaking as there are only
a handful of qualified licensed and insured perators with the ability to perform
such a task. Components of this work must e done in an inconceivably small
window of time. The City for its part has to repare the final subdivision plan,
which it has, however the signature of the ri ht of way grantor has yet to be
secured. The document is currently with Ms Rowe for execution, the plan can be
registered shortly thereafter. There is also si nificant preparation required by and
between the parties' legal representatives to facilitate the impending exchange of
interests. This work requires reasonable tim . As a result, the exchange of
interests has yet to be completed.
In the interim the Collings have been addres ing the various governmental
agencies with regards to well and septic as ell as other logistical items in order
to attempt to meet the time lines established by Council in its July 31 st, 2006
resolution. The coordination of the site wor and necessary approvals are times
Report to Common Council
October 6, 2006
Page 5
taking as well, inclement weather creates u certainty and scheduling contractors
on short notice are significant hurdles to ov rcome given the impending deadline.
The timelines appear to make this transacti n impossible, as such alternative
solutions required consideration.
One of the options available to the City whi h did not secure staff support was to
grant the Colling's early access to the City ands so they may prepare the site for
the impending relocation of the dwelling p or to the exchange of interests. The
City Solicitor's office had reservations abo t granting early access and warned the
risk to the City was substantial and as such alternative solution might be more
practical. As such, a meeting was held by d between City staff and the
Colling's legal representation to discuss the exchange and subsequent relocation.
At this meeting several issues surfaced and t appeared a slight deviation in
approach would be prudent. The City for it part wants title to the Lake Cove
property, the Collings for their part require itle to the City lands to perform the
necessary work as well as a reasonable amo t of time to schedule and plan the
relocation appropriately. A solution was dis ussed which would allow for the
exchange of interest in the lands, providing he Collings legal access to their new
site to make the necessary preparations. At he same time the City could take
comfort that they would hold title to the co eted watershed parcel. Although the
newly proposed time frame may seem lengt y it is important to appreciate the
relocation of a dwelling is not an everyday ccurrence and securing the necessary
contractors is always difficult due to season I issues.
RECOMMENDATION:
1. Common Council authorize the C ty Solicitor or his designate to
consent to a further amendment to e existing Consent Order, which is
dated January 19,2006. The existin Consent Order required Peter E.
Collings and Coleen F. Collings to i ediately cease using or permitting
the use of their property at 73 Lake ove Lane, Saint John, N.B., for
business purposes and to refrain fro such use in the future. It also
required them to demolish or remov their building that is located on the
property no later than July 31, 2006. This further amendment is to extend
the deadline until not later than June 30, 2007, or until such time as there
is a failure to obtain the approvals, p rmits and easement required with
respect to a parcel of land that Mr. d Mrs. Collings intend to purchase
from the City, whichever occurs firs. The Building Inspector is directed
to not proceed with the demolition 0 the aforesaid building until he
receives further direction from Com on Council.
Report to Common Council
October 6, 2006
Page 6
2. The City of Saint John exchange e fee simple interest in a to be
created 2 acre +/- portion ofPID #5 023451 (as generally shown on the
submitted sketch) with Coleen and eter Collings for the fee simple
interest in PID 353821, 73 Lake Co e Lane on or before October 31, 2006
conditional upon the following:
A. the Collings acquire any necessa rights-of-way, easements and
approvals from the Province ofNe Brunswick's Department of
Environment and Department of He lth required to relocate their dwelling
from 73 Lake Cove Road to the to b created parcel on or before October
31, 2006, and further;
B. the Mayor and Common Clerk b authorized to sign any document
required to effect this transaction.
Respectfully submitted,
/ COd
Jim R. Baird, MCIP
Commissioner
Planning and Development
BUll
Terrence Totten, F.C.A.
City Manager
Report to Common Council
October 6, 2006
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The City of Saint John
Norm McFarlane
Mayor's Office
Bureau du maire
October 10,2006
Deputy Mayor Hooton and Councillors
Re: Nominating Committee Report - Appoi tments
Common Council, having met in Committee 0 the Whole on October 10, 2006, makes
the following recommendations:
Saint John Development Corporation
That D. Wilson be appointed to the Saint John Development Corporation for a term of
three years ending September 30, 2009.
Enterprise Saint John
That D. Bonnell be re-appointed to Enterprise aint John for a term of two years ending
June 30, 2009.
Uptown Saint John
That Councillor S. Chase be re-appointed to U town Saint John for a term of one year
ending April, 2007.
Saint John Industrial Parks
That C. MacKinnon be re-appointed to Saint J hn Industrial Parks on an interim basis
for a term not to exceed one year ending Sept mber 30,2007. and Councillor Ferguson
be appointed until May 12, 2008.
Heritage Development Board
That R. McVicar be appointed to the Heritage evelopment Board for a term of three
years ending September 30, 2009.
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P.O. Box 1971 Saint John, NB Canada E2l 4l 11 ~.saintjOhn.ca I c.P. 1971 Saint John, N.-B. Canada E2l 411
SAINT JOHN
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Saint John Community Arts Board
That the following individuals be appointed to the Saint John Community Arts Board for
the term specified;
Tim Blackmore
Peter Buckland
John Foster
Philip Huggard
Peter McKelvey
Andrea Scott
Janet Scott
Michael Wennberg
Jill Whitehouse
03 Augu t 07
31 Dece ber 09
31 Dece ber 09
31 Dece ber 09
31 Dece ber 08
31 Dece ber 09
31 Dece ber 09
31 Dece ber 09
03 Augu t 07
Harbour Station Commission
That J. Correia be re-appointed and M. And rson be appointed to the Harbour Station
Commission for a term of three years ending ay 31, 2009.
Lord Beaverbrook Rink Inc.
That E. Jeffrey and N. Gionet be appointed to the Lord Beaverbrook Rink Inc. for a term
of three years ending September 30,2009.
P.R.O. Kids Advisory Commmittee
That T. Keaveney and B. Regenbogen be appointed to the P.R.O. Kids Advisory
Commmittee for a term of two years ending 0 September 30,2008.
Leisure Services Advisory Board
That the following individuals be appointed t the Leisure Services Advisory Board on
an interim basis for a term not to exceed t ee years or until the proposed Standing
Committee system is adopted.
Art Comeau
Barry Ogden
Chris Toole
John Higgins
Cathy Hurley
Mayor Norm McFarlane
Chairman
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SAINT JOHN
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P.O. 80, 1971 ""ot lohn, NB C,n,d, E2L 4L11 {-.",n'Ohn." I CP. 1971 S,'ntJohn, N.-B. C,",d, E2L 4L1