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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 ~ I?"q 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 ,r--, \ -- --- ~-1- 1 ..j .' lt~ ~~ . , . 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S>---' i. ~~I "1 2-;1 ~. ,'" n \ \ I- II "t \. \ .",,' 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. ~ 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 ~ 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 ~- SAINT JOHN --- I 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