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2000/06/26COMMUNITY SERVICES. COMMITTEE AGENDA BARBARA MUIR 1) 2) 4:3o p.m. 4:40 p.m. 4:45 p.m. 3) 4) SEVENTH MEETING Monday, June 26, 2000 From 4:30 p.m. to 5:00 p.m. City Hall, Committee Room #2A & B Staff Contact: Approval of the 2000 06 12 Community Services Committee Minutes DEPUTATIONS: a) R-2000-42 - Request to Allow the Encroachment of an Ornamental Fence - 4851 River Road (Mr. Gary Burke has received a copy of the report and invitation to attend) b) R-2000-41 - Request for tree removal 6302 Taylor Street (Mr. Jack Radonic has received a copy of the report and invitation to attend) c) Commercial Parking Lot License Application 5249 Victoria Avenue (Correspondence Attached) (Mr. William Stevens has been informed of the date and time of the meeting) REPORTS: a) R-2000-40 - George Bukator Park b) MW-2000-66 - Construction of Sidewalk St. Patrick Avenue - Russell Street to O'Neil Street - Clearance of Condition ~, B7/20001NF (Kirschner) c) MW-2000-69 - Sign Application Variance Tim Hortons, 5223 Stanley Avenue d) MW-2000-70 - Sign Application Variance Hershey's, 5685 Falls Avenue NEW BUSINESS: A. Kon A. Kon K. Dren A. Kon E. Dujlovic E. Dujlovic E. Dujlovic 5) ADJOURNMENT: MINUTES OF COMMUNITY SER VICES COMMITTEE MEETING MONDAY, JUNE 12, 2000, CITY HALL ROOM 2 AT 5:15 P.M. PRESENT: Alderman Victor Pietrangelo; Chairperson, Mayor Wayne Thomson, Alderman Norm Puttick, Alderman Wayne Campbell, Alderman Kim Craitor, Alderman Shirley Fisher, Alderman Paisley Janvary-Pool, Alderman Ken Feren, Alderman Selina Volpatti, Alderman Ed Michalczyk, Alderman Janice Wing, Alderman Carolynn Ioannoni ABSENT: Alderman Judy Orr STAFF: Ed Lusfig, John MacDonald, Ed Dujlovic, Adele Kon, Pete Cor~eld, Barney Ruddell, Various Firefighters, Ray Kallio, Tony Ravenda, Karl Dren, Lee- Anna Goodwin (Steno) GUESTS: Re: YMCA Introduction: Ed Nieuwesteeg, Joe McLaughlin, Steve Butz Re: MW-2000-60 - Billboard Mountain Road Landffil - Mr. Dave Spence Re: R-2000-37 - Mr. Ken Monrad, Chippawa Lions PRESS: Mr. Corey Larocque - Niagara Falls Review, Mr. Bob McGregor - CHRE 1) MINUTES: IT WAS MOVED BY Alderman Shirley Fisher, seconded by Alderman Wayne Campbell approval of the May 29, 2000 Community Services Committee Minutes as recorded. Motion Carried Action: Recommendation submitted to Council 2000 06 12. 2) INTRODUCTION - NIAGARA FALLS YMCA Mr. Ed Nieuwesteeg, Chairman of the YMCA Board, introduced Mr. Steve Butz, the new Chief Executive Officer of the Niagara Falls and St. Catharines YMCA. Mr. Butz thanked the Committee for the oppommity to introduce himself and advised the Committee that he considers Niagara Falls his home. Mr. Butz outlined many positive attributes of the N.F. YMCA, and informed the Committee that he is looking forward to future challenges which lay ahead for the YMCA. 3) REPORTS: a) MW-2000-60 - Billboard - Mountain Road Landfill Mr. Dave Spence, a resident in the area of the Mountain Road Landfill, and a Member of the PLC, thanked the Committee for the invitation to attend the Committee Meeting. Mr. Spence advised that he has obtained a lot of infomiation which shows that the billboard in question is in violation of the Certificate of Approval. Mr. Spence advised that he has not yet seen in writing the MOE's opinion as to whether or not the billboard is in violation of the Certificate of Approval. Mr. Spence suggested that the Committee defer Report MW-2000-60 until information can be obtained from the MOE on this matter. Community Services Committee Monday, June 12, 2000 Page 2 IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Kim Craitor that the matter of the billboard sign located at the Mountain Road Landfill Site be deferred until a written decision from the MOE can be obtained on this matter. Motion Carried Action: Recommendation submitted to Council 2000 06 12. b) MW-2000-59 - Mountain Road Land~H Debagged Leaves Collection Contract Aldeiman Kim Craitor advised that a new type of recycling bag for leaves exists which is made of a paper material rather than plastic. Ed Dujlovic advised that Staff are aware of this new type of bag and are investigating the possible use of same. Alderman Ken Feren advised the Committee that he has learned that there are over 300 tires buried at the landfill and this practice is not legal. Ed Duj lovic advised that he was not aware of this, but will investigate. IT WAS MOVED BY Alderman Paisley Janvary-Pool, seconded by Alderman Shirley Fisher that information be received on Mountain Road Landfill Debagged Leaves Waste Collection Contract. Motion Carried Action: Recommendation submitted to Council 2000 06 12. c) MW-2000-62 - Public Liaison Committee - Mountain Road Landfill IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Paisley Janvary-Pool that the Mountain Road Land~H Public Liaison Committee be maintained until the end of 2002. Motion Carried Unanimously Action: Recommendation submitted to Council 2000 06 12. d) MW-2000-61 - Consulting Services Agreement - R.M. Loudon Ltd. - Water Rate Study IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Kim Craitor that the City of Niagara Falls enter into a Consulting Services Agreement for the Water Rate Study with R.M. Loudon Ltd. for the upset limit of $23,000. plus G.S.T. Motion Carried Action: Recommendation submitted to Council 2000 06 12. Community Services Committee Monday, June 12, 2000 e) MW-2000-65 - 6499 Cleveland Street Page 3 IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Paisley Janvary-Pool that the Chief Building Official be authorized to call tenders for the demolition of the unsafe dwelling at 6499 Cleveland Street. Motion Carried Action: Recommendation submitted to Council 2000 06 12. f) FS-2000-07 - Purchase Pumper Tanker Truck Alderman Ed Michalczyk declared a conflict on this matter. IT WAS MOVED BY Alderman Shirley Fisher, seconded by Mayor Wayne Thomson authorization to purchase a new triple combination side mount pumper/tanker truck from Superior Emergency Vehicles at a total cost of $232,812. plus tax. Conflict: Alderman Ed Michalczyk Motion Carried Action: Recommendation submitted to Council 2000 06 12. g) FS-2000-08 - By-Law to Reduce False Fire Alarms Alderman Ed Michalczyk declared a conflict on this matter. Alderman Wayne Campbell questioned if Staff have been able to rectify the problem of repeated false alarms at the various locations outlined in the report. Pete Corfield advised that these false alarms are avoidable and it is felt by Staff that the by-law in question is required to adequately deal with the residents/businesses in question. Pete advised that these residents/businesses are being provided with a higher level of service than the rest of the community and therefore it is felt that they shotrid be paying specifically for such service. Aldenim. n Wayne Campbell questioned if the repeat offenders will be informed of the new by-law, and also how the general public would be informed. Pete advised that a letter will be given to the repeat offenders and suggested that the Press who are at the meeting would probably inform the public of the by-law. Mayor Wayne Thomson suggested that once the policy is formed and rates are known, an advertisement could be placed on the City Page of the Niagara Fails Review. IT WAS MOVED BY Mayor Wayne Thomson, seconded by Aideman Wayne Campbell authorization of enactment of a by-law to reduce unnecessary false fire alarms. Alderman Ed Michalczyk Conflict: Motion Carried Action: Recommendation submitted to Council 2000 06 12. Community Services Committee Monday, June 12, 2000 Page h) FS-2000-09 - Tanker Shuttle Exercise Alderman Ed Michalczyk declared a conflict on this matter. Pete Cor~eld advised the Committee Members that under the Fire Services Review the matter of servicing rural areas which do not have fire hydrants has been identified as requiring addressing. The size and age of our tankers are the greatest problem and as a result Tanker 5 was approved in previous years and with the approval of purchase of the new tanker, Staff will be better able to demonstrate their full ability to service the areas of the City which have no fire hydrants. IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Paisley Janvary-Pool that information be received on the tanker shuttle exercise; and the approval of the action of Staff to follow through with the purchase of the tanker/pumper in order that the City will be able to comply with the requirements of the Fire Underwriter's Service. Conflict: ALderman Ed Michalczyk Motion Carried Action: Recommendation submitted to Council 2000 06 12. i) R-2000-37 - Funding of Skateboard Facility Chippawa Lions Park Alderman Ed Michalczyk expressed concem that the above matter has been an ongoing issue for quite a long period of time. Alderman Michalczyk advised that Ken Monrad (Chippawa Lion's Club) is at tonight' s meeting and has been working on this project for three years. Some work has been completed, such as the making of ramps, bars, etc. An application was forwarded to the Trillium Office, however it was lost in the shuffle. Alderman Michalczyk questioned if the Trillium Office could be contacted in order to attempt to receive ftmding which was applied for. Adele Kon advised the Committee that it was her understanding that if the project is started before receiving the grant then this funding would be lost. Adele advised that the Trillium Office is stating that they did not receive our application for funding. Mr. Ken Monrad updated the Committee with information that the Trillium Office has located the application for funding and are currently working on it. IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Ed Michalczyk that Report R-2000-37, Funding of Skateboard Facility in Chippawa Lions Park, be deferred; and that the Mayor, Ed Lustig and Adele Kon make the appropriate contacts with those who would be able to expedite the process in order to obtain earlier advancement of funds for this project. Motion Carried ActiOn: Recommendation submitted to Council 2000 06 12. Staff to follow through with appropriate contacts to expedite the process. Community Services Committee Monday, June 12, 2000 4) DISCUSSION ITEM: a) Page 5 Request from Cannon Greco Management Limited for Relief from Tipping Fees for Sept. 16 to Sept. 28 Rotary Club Art & Craft Show Alderman Paisley Janvary-Pool asked that Staff infoiiii the Club that this is the last year this request can be granted by the City due to the closure of the Mountain Road Landfill. IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Shirley Fisher approval of the request for waiving of tipping fees for the September 16 to September 18, 2000 Rotary Club of Niagara Falls Sunrise Art & Craft Show. Motion Carried Action: Recommendation submitted to Council 2000 06 12, Letter to be sent by Staff to Cannon Greeo Management Re: Closure of the Land~H. 5) NEW BUSINESS: Alderman Nom~ Puttick suggested that the minutes of the Public Services Committee Meetings not be copied to all Aldermen, but rather that they be provided for viewing in the Clerk's Dept. Some Aldermen did express their feelings that the minutes were very informative and that they do read the copies which are provided to them. IT WAS MOVED BY Alderman Norm Puttick, seconded by Alderman Wayne Campbell that Staff report back regarding distribution to Councillors of the Public Services Committee Meeting Minutes. Motion Carried Action: Recommendation submitted to Council 2000 06 12. Staff to report back to Committee Members. 6) ADJOURNMENT: IT WAS MOVED BY Mayor Wayne Thomson, seconded by Alderman Shirley Fisher the adjournment of the Community Services Committee Meeting at 5:50 p.m. The City of Niagara Falls~ Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city.niagarafalls.on.ca Adele Kon Director R-2000-42 June 26, 2000 Alderman Victor Pietrangelo, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Dear Members: Re: R-2000-42 Request to Allow the Encroachment of an Ornamental Fence - 4851 River Road - Mr. Gary Burke RECOMMENDATION: That Commtmity Services Committee consider the request to allow an omamental fence to encroach onto the City road allowance along River Road and Ellis Avenue for an historic home. BACKGROUND: Mr. Gary Burke owns an historic home at 4851 River Road. This home was built in 1885 and is an example of the Queen Anne Revival style. Mr. Burke wishes to construct an ornamental fence which will complement the historic home. The fence as proposed would encroach onto the City' s property ranging from 3-8 feet. If the fence were to be constracted along the property line, it would interfere with some larger mature trees. On Wednesday, June 23, 2000, Mr. Burke attended the Environmental Planning & Greening Committee meeting. Unfortunately, there was not a quorum at this meefmg and it was requested that this fencing request proceed to Community Services Committee. 'Attached to this report, is a plan showing the proposed location of the fence and the extent of the property boundary. Also attached are letters of support and insurance form indicating municipal liability coverage. Mr. Burke has been in contact with the City' s Legal Department and they have advised him that Council approval is required for this encroachment. In addition, the Legal Department has advised that a Reference Plan is required and registration of the fence on title. There is a cost associated with the preparation of the reference plan and the registration of the encroachment. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2000-42 - 2 - CONCLUSION: The City does not encourage encroachments onto City property. It is recognized in this case that the placement of a fence along the property line would interfere with some older mature trees. The placement of the ornamental fence, as proposed, would enhance the appearance of the historical home and therefore warrants consideration by the Committee. Adele Kon Director of Parks, Recreation & Culture Respectfully Submitted: Edward P. Lustig Chief Administrative Officer Approved by: John MacDonald ve Director of Community Services BB/das attachments S:\Council\Council 2000~R-2000-42.wpd 'L,. o¢ un,,: 609602 t ' BRIDGE Locate information Consumers Gas . '; m~sure: No Material t~ ~.>; ~4,,,,. 21 N~ F~ C I ~ow ~. Q High D XHP ~ Ces~ Iron ~eel ~1 ~;C,Z~ II'TS~,~T;l~r:~: Pressure: ~ XHP ~eTeris~ Type: ~ ~ ~ 8:~ Or ouzside the fimhs of ~e wo~ area without o~aining enother / T~ ~ Se~i~ liating ~ 5uppo~ 5pecificeti~ ~ Drawings End rhrua~ search required [] Yes ~../No Regional contact: Telephone number: Excavator shall notltv end receive tltarenee from Regional centeel prior To e~cave/lon, Additional infornletion if reqtiired:~ ~ ~ J Prin~ flame of e~cey~or's employ~ signing ~ls :::::7::2" ' 'Signature of excavator: . e Warning: Read co~ff~n~ on reverse FORTRESS ORNAMENTAL FF-_NCING 20Sg N. SetTice i~d. Jor, Jan Station, Ontario LOR ISO Tel: (905) ~b62-1304 F~tx: (9O5) S62- ! 305 To Whom It May Concern: Regarding- the fence purchased by Gary Burke for installation on 485 I Rivc:r Rd Niagara Falls Ontario. The fence panels pturchascd are manufactured using solid one half inch :round pickets and pas~d through solid one inch u channel. All panels are compleaely removable and can be dismantled in minutes. The circa I Sg0 reproduction chosen by Guy complements the design of his historical home at~ enhances the natural surroundings of River Rd. Please hole also the fence poses no visible !tarnets. If1 can be crrassistance in any other way plea,~, fcel free to contact me at the Nmnber below. Sincerely Ted Mencfeld (905) 562-1304 DONALD MARTIN. LANDSCAPE ARCHITECT 5058 Huron Street , Niagara Falls , Ontario , L2E2J7 Phone, Fax 905.357.1947 email donmartin@sprint.ca Monday, Mayl5,2000 Attention: Mr. G. Burke 4851 River Rd. Niagara Falls, Ont. Re: Landscape Architectural services - Fence Placement Mr. Burke, I am writing this letter with regards to a fence placement on the above mentioned property. Further to our conversation and having viewed the proposed fence placement and type of fencing, I have formed the following opinion. · The proposed location for the fence does not seem to break with the precedent established by other properties along River Road insofar as it may encroach on road allowance. · The location is well away from obvious obstacles such as trees, hydro poles and fire hydrant. I understand that this proposed location places the fence away from underground services, as well. · The type of fence which you have proposed is in keeping with the architecture of the home and will enhance not only your location but the general street scape as well. In conclusion, Mr. Burke, I feel that the fence and the location could be an asset to the city as well as your property, and the authorities that may determine the location of this fence would do well by allowing you to proceed. Sincerely, Donald Martin 7020Woodin~ton Rd. Nia~m Falls, ON L2J 2C3 May ] 1, 2000 C. wa~ Burlz c/o Park Pig 4851 River Road Nia0am Falls, ON L2E 3G4 Thank you and c~ra~ulations again on all you and Carolyn have done to presme and enhm~e one of Niagara Falls' finest heritage homes. l' m sure your new f~qlce and i~__f_e ~/ill be an auxnctive asset to your properly. sherman zmvitz Offici,I Historian City oFNiagmm Falls. Canada The City of Niagara Falls j Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Kon Director R-2000-41 June 26, 2000 Alderman Victor Pietrangelo, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Dear Members: Re: R-2000-41 Request for Tree Removal 6302 Taylor Street - Mr. Jack Radonic RECOMMENDATION: That the maple tree located on City property in from of the residence at 6302 Taylor Street not be removed. BACKGROUND: Mr. Jack Radonic of 6302 Taylor Street has requested the removal of a large maple tree from the front of his residence which is situated within the Taylor Street road allowance. The reasons for his request stem from a fear that the tree will fall during a storm and damage nearby houses. Mr. Radonic has also advised that the roots from the tree are lifting the sidewalk, creating problems for the foundation at 6296 Taylor Street and has clogged the sewer line in the past. On Wednesday, June 23, 2000, Mr. Radonic and a couple of neighbours attended the Environmental Planning & Greening Committee meeting. Unfortunately, there was not a quorum at this meeting and it was requested that this tree removal issue proceed to Community Services Committee. Attached to this report, is a series of past correspondence regarding this request. It is recognized that the maple tree is quite large and is the only tree of this size on the south side of Taylor Street. However, the tree is healthy and provides significant benefit from an environmental perspective. It is the City's policy to not remove healthy trees on City property. Trees that are removed are generally dead or diseased. In the cases where City trees are removed, the City's guidelines encourage the replacement of two trees for every one removed. FForking Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2000-41 - 2 - CONCLUSION: The City encourages the protection and preservation of healthy trees within the City's urban area. Since the subject tree is healthy and provides environmental benefits to the area, the removal of the maple tree cannot be supported at this time. Director of Parks, Recreation & Culture Respectfully Submitted: Edward P. Lustig Chief Administrative Officer Approved by: j~o~Mac~D'~on~d~~ Executive Director of Community Services BB/das attachments S:\Council\Council 2000XR-200041.wpd 1U/18/99 ~U~ 15:45 ~..Uul/Uul Petition to ~he City of Niagara Falls We the undersigned residents of Taylor St., Niagara Falls would like to petition the City to remove one large-Maple tree from the front of 6302 Taylor St. As we feel it Is a danger to the surrounding houses and the roots are lifting the sidewalk in front of and going into 6302 Ta~lor Bt. The root~ sre also creating havoc with the foundation ~f 6296 Taylor Zt. the fore~ told me I wo~d h~ve a lot of problema ~ t~t tree in ~e furze ~d that they wo~d probabl~ have to retm in a few months to clem ~e sewer pipe of leaves ~n. ~ nei~bo~ ~. ~eews ~so ~fomed me ~at ~6e broth broke off of that tree a fe~' ye~s a~ ~d fell ~ Me ho~e. Th~-~ You Jack R~o~c 6}O~ Taylor St. Ni~a ~lle 35 - oo Community Services Department The City of . Inter-Departmental Memorandum To: Mayor Wayne ThomsOn Date: October 20, 1999 From: Tony Giacobetti Forestry Supervisor Subject: Tree Removal 6302 Taylor Street The following information is in regards to the above stated matter. On October 19, 1999. I spoke to the homeowner Mr. Radonic He is concerned that a large soft Maple located on City property in front of his home may fall and eatme serious damage. The tree in question is very healthy and has no structural defects. This tree was trimmed by our forestry crew September 27, 1995. It was trimmed up with the hydro lines, hotme and driveway being cleared. Mr. Radonic would like the tree removed or to be given a 100% guarantee that no branches will fail. That I can't guarantee due to mother nature. Mr. Radonic claims private and public sidewalks are being damaged by roots. The City has replaced two sections of waik. There is one bad lip ofwaik remaining that the city construction crew can grind down. His private waik and driveway has deteriorated with age, not roots. Mr. Yerich of 6296 Taylor St., claims roots are causing havoc to his foundation. No claims were ever made until Mr. Radonic purchased the hotme next door. Mr. Yerieh should put in a proper claim and Building Dept. can inspect the foundation to see if there is a root problem. I could not see any visual problems outside the house. Mr. Andrews of 6306 Taylor St. indicated that a large branch fell off this tree and caused damage to his house. In fact there were two trees located at 6302Taylor St. In late 1989 the City forestry crew removed a large branch off Mr. Andrews hotme and later that same year removed the remaining portion of the tree. The tree stump was removed in May 1990. Therefore the tree in question is not the tree that caused the damgge to Mr. Andrews house. On October 15, 1999 a City Sewer Crew went to Mr. Radonics home and cleaned out the sewer lateral. At that time they found city tree roots. The last time a sewer crew pulled out roots was 4 years ago Dec. 7, 1995. In discussing this situation with Mr. Dupuis (Sewer Supervisor) it is his opinion that this does not warrant the tree to be removed. Ifthereis further problems Mr. Dupuis stlated the sewer laterai could be changed. Also at no time did Mr. Dupuis speak to Mr. Radonic and say "I would have a lot of problems with that tree in the future." -2- There are a couple of interesting points to note. One is that when I asked Mr. Radonic what problem this tree posed for a few of the surrounding homes. He stated that Mr. Turner of 6287 Taylor St. signed the petition because he wanted the wood. The second point is that Mr. Radonic has only purchased this home approximately 3 months ago and this tree was obviously there at the time of purchase. I would think that given his concerns regarding this tree it would have influenced his decision to purchase. Based on all the information and an inspection of the tree it is my opinion that this tree does not warrant being removed. tfyou should have any questions please .feel free to contact me at your convenience. Tony Giacobetti Forestry Supervisor Copy: Adele Kon : Director of parks, Recreation & Culture C'z,4/ rEA Teget/ Serve November 10, 1999 Mr. Jack P, adonlc 6302 Taylor Street Niagara Falls ON L2G 2G1 Dear Mr. Radonic: Thank you for your letter from last month. Please accept my apologies for not writing sooner. I like to person~lly respond to all correspondences and as you can no doubt appreciate, occasionally I fall behind. With regard to the tree in from of your home, I unfortunately do not have the authority to order City staff to remove a tree even if the homeowner or neighbours request it. City Council has a policy that no healthy trees are to be removed off of City property. Please find attached a memo from Mr. Tony Giacobetti, our Forestry Supervisor. He and his staff are very vigilant about preserving trees and will only cut down a tree that is dead or poses a danger. Mr. Giacobetti also did a thorough investigation that clarifies some misinformation regarding the tree in question. I am sorry that we could not accommodate your request at this time. Sincerely, WT/di Mayor c. Mr. Tony Giacobetti, Forestry Supervisor William and Maria Stevens 5249 Victoria Avenue, Niagara Falls, Ontario. May, 12,2000. Mr. E. C. Wagg, City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg, We are writing this letter to request permission for our daughter Christine Stevens to 'address City Council on May, 29,2000 with respect to a property owned by us located at 5249 Victoria Avenue, in Niagara Falls, Ontario. Approximately four years ago, we consulted with City Hall before purchasing this property at 5249 Victoria Avenue. We inquired as to wether this land could be used as a parking lot business or as a parking area for the building at 5257 Victoria Avenue which we are also the proprietors. Upon speaking to Mr. Thomson and Mr. Clark, we were assured that there wottld be no problems with respect to any by-laws. Based on this information, we proceeded to purchase this property so tlmt we could use it as a parking lot. After purchasing the property, and preparing it for use as a commercial parking lot based on the city's by-laws, a registered letter was sent to us t~om City Hall. The letter stated that we would not be allowed to operate a parking lot business until we installed and paid for a new traffic light that would help potential customers enter the sUean oftrat'fie on Victoria Avenue in a safe and orderly fashion. We were not informed of this infomxation when we initially consulted City Hall about purchasing the property and how we planned to use it. If we had known this information beforehand, we would not have incurred the expense to purchase and renovate the land at 5249 Victoria Avenue. To date, it has cost us approxhnately 110,000 dollars which includes the initial purchase, renovations and taxes. in order to maintain it for the past four years. At present the land is sitting vacant and cannot be Utilized in any mummer because of the traffic light issue that we mentioned previously. As a result, we are not able to use it for any purpose that would help us offset our expenses to maintain this property and help us PaY the annual property taxes. We have also included a copy of the original City plan for the area eucompassing both of our properties at 5257 and 5249 Victoria Avenue, in Niagara Falls. The original plan does not include a traffic light system. As a result, we would like to respectfully ask City Council to look into this situation in order to see what can be done to re-work the lights at the comer of McRae St. and Victoria Ave., so that this land can become viable. Please feel flee to call us if you have any questions at 356-7978 or 374-8478. Thank you for your consideration of this request. Sincerely, William and Maria Stevens DATE: TO: SUBJECT: ~ PUbliC WUKI(.S THE REGIONAl, MUNICIPALITY OF NIAGARA MEMORANDUM March 30, 1999 Bob Johnson Kincaid Place ~'} Victoria Avenue - Traffic Signal ~ ool Bob, We have investigated the requcst for a price to install tra/~c sig~al~ to control the private property 'access directly opposite Kincaid PI. on Victoria Ave. for the City of Niagara Falls. This private drive could be signalised, utilising two new poles/heads and overhead detection, for approximately $6000.00. However, please be aware that presemly, Kincaid P1. and McRae St. arc severely offset legs of the samc intersection. Also, the existing trar~.c signal is poorly designed and not in strict compliance with either ~e MUTCD or the HTA. (Please find The rotached copies of each pertinent section.) Thc primary heads on Victoria Ave. are not on the far/remote side of the intersection- recommend correcting this problem by instaliing an additional northbound primary pole and rclocating the southbound primary pole. This upgrade could be completed for approximately an additional $4000.00. Therefore, should the City proceed witIx signalising this private drive, I strongly recommend that the suggested upgmde be completed at the same time. The total price of the combined work would be approximately $10,000.00. The completion of this proactive upgrade would result in a colnpllant, safer intersection. I trust this is the infom~ation that you require. Sincerely Howard Murray post-W' Fax Note ., CoJDePt. phone Fax II The City of Niagara Fallss Canada Mr. William Stevens 7211 Burbank Cr. Niagara Falls, Ontario L2J 4E2 Municipal Works Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Larry Oates, P, Eng. Director of Municipal Works Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagara-falls.on.ca June 4, 1998 Registered Mail Re: Commercial Parking Lot Licenee Application Your File: Reg. Plan 9, Lot 39 & 40 (5249 Victoria Ave.) Commercial Parking Lot Application Dear Mr. Stevens: We have completed our preliminary assessment of your application for a commercial parking lot licenee. A number of deficiencies have been identified in red on your plan. These deficiencies are as follows: 1) A traffic signal head must be installed facing your lot to control traffic movement within the intersection. 2) 3) Submitted plan is not acceptable. It must be dram in metric at 1:200. A 3.0 metre setback from road allowance and 1.0 metre setback from adjacent properties is required. 4) Proper trash receptacles, lighting and sign are not shown. For your information, I have included a copy of the Commercial Parking Lot by-law, which outlines the design criteria for commercial parking lots. Would you please arrange to have these deficiencies corrected and resubmit the plan by June 5, 1998. Once approval is granted you will have approximately three weeks to comply._ Should you have any questions regarding this matter, please do not hesitate to contact AI Judge, at 356-7521, ext. 4295. Thank you for your cooperation. Yours truly, A J/ C.C. A1 Judge Bill Clark Mary Ann Thompson CITY OF NIAGARA FALLS Karl Dren, C.E.T. Manager of Parking & Traffic W :\TRAFFICXG - 18019a~Private Lots\ 1998~stevens .wpd The City of Niagara Fallsq Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www. dty.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on,ca Adele Kon Director R-200040 June 26, 2000 AIde,man Victor Pietrangelo, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2000-40 George Bukator Park RECOMMENDATION: For the info,,ation of Council. BACKGROUND: At the May 8, 2000 Council Meeting, problems with illegal dumping of garbage and teen late night parties at George Bukator Park were discussed. One of the directives issued by Council was to prevent vehicular traffic from entering into a portion of the park from Stanley Avenue to past the Human Society Building. In this area, vehicular access would be restricted to the parking lot. Staff has reviewed numerous landscape treatments to reduce access and the most economical one is Deep V ditching along the roadway. Staff is also recommending that a post treatment be installed around the perimeter of the one parking lot to prevent vehicles from accessing the park trails. The incremental cost breakdown for one-third of the park perimeter is as follows: Deep V Ditching $ 8,500 Parking Lot Control $10.000 Total cost $18,000 Staff will make every attempt to absorb these costs in the parks operating budget. lf orking Together to Serve Our Community Municipal Works Fire Services · Parks, Recreation & Culture Business Development R-2000-40 - 2 - This coming Fall, staff will prepare landscape plans to improve the overall appearance of the park. The park improvements will be referred to the 2001 budget. Director of Parks, Recreation & Culture Respectfully Submitted: Edward P. Lustig Chief Administrative Officer Approved by: ~ J cDonald Executive Director of Community Services AK/das S:\Council\Council 2000XR-2000-40.wpd The City of Niagara Falls' 'Canada Community Services Department Municipal Works 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on,ca June 26, 2000 Ed Dujlovic, P. Eng. Director MW-2000.-66 Alderman Victor Pietrangelo, Chairperson and Members of The Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2000-66 Construction of Sidewalk SL Patrick Avenue - Russell St. to O'Neil St. Clearance of Condition #4, B7/2000/NF (Kirschner) RECOMMENDATION: It is recommended that the City proceed with the extension of the sidewalk on the east side of St. Patrick Ave. between Russell St. and O'Neil St. AND FLIRTHER that the applicant (Mrs. Kirschner) be required to make a payment of $2,885. as required by Condition #4 of Consent Application B7/2000/NF. BACKGROUND: The Niagara Fails Committee of Adjustment, at their meeting of March 21, 2000, approved an application to sever a 5,284 sq. ft. parcel of land at the southwest comer of St. Patrick Ave. and Russell St., subject to a number of conditions (see Attachment #1). The Committee imposed Condition #4 which required the applicants to enter into an agreement to pay for the construction of a sidewalk "if and when" sidewalks are put in. The request for a contribution towards the cost of extending the existing sidewalk on the east side of St. Patrick Ave. (on the opposite side of the road to the severed parcel) came from Municipal Works Staff who have identified that: i) the existing sidewalk on the east side of St. Patrick Avenue extends about mid-way up the block requiting pedestrians to use the roadway for a distance of approximately 39m (see Attachment #2). ii) the completion of this missing section of sidewalk would improve the safety of students and residents using the roadway in this area. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2000 06 26 -2- MW-2000-66 iii) City standards dictate that sidewalks be provided on one side of local roadways. Municipal Works Staff did not have this section of sidewalk scheduled for construction this year however the recent severance application has initiated a review of this matter. Staff contacted the homeowners of the property abutting the proposed sidewalk and requested their input. Attached are responses from Mr. & Mrs. Sat Mannella and from Ron, Joan and Terry Brown outlining their objection to the new sidewalk (Attachment #3, 4). Both letters refer to a previous severance that took place in 1996 at which time the Land Division Committee approved the creation of two new building lots and refused a third lot. The Committee omitted the Staff recommendation to require the extension of the sidewalk as a condition of approval and no appeal was filed by the municipality at that time. Notwithstanding the fact that there is some opposition to the sidewalk extension, City Staff are concemed that by deferring or deleting the completion of this sidewalk the safety of pedestrians will continue to be at risk. Staff have examined a couple of different alignments for the sidewalk and will continue to work with the adjacent property owners to protect the existing mature trees and minimize any other impacts that might result from the construction of this sidewalk. With respect to the condition of the Consent Application requiring the payment towards this sidewalk extension, we have received an undertaking from the applicant to pay the required amount ($2,885.) on a special payment plan (See Attachment #5). Staff has focussed its attention on the current need and have requested input from the District School Board of Niagara and the Niagara-Regional Police. Both of these agencies have reviewed their records and neither reported any history of complaints or concerns which might warrant the extension of the sidewalk at this time. Council' s consi ration of this recommendation is appreciated. Director of M~cip~ Works Approved by: J~acDonald, Executive Director of Community Services GH:lag Attach. The C~ of Niogara Falls Co~mniltee of Adjustment City of Niagara Falls Platruing & D~,elopraent Department 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 NOTICE OF DECISION In the matter of the Planning Act; Revised Statutes of Ontario, 1990, Chapter P. 13 and; In the matter of an application for con~ent on behalf of: DEBORAH KIRSCItNER AND TODD IRCHNER 2) 3) Type of Trartsaction for which application for consent is king mad=: [] Conveyance [] Moltgage or Charge I~] Partial Disoharg= of Mongage [] Other The application is made for consent to partial discharge of mortgage and to convey 5,284 square feet offand, shown as Pan 1 on the ~ drawing submitted, being part diets 109 and 110, Plan 6 and 7, in the City of Niagara Falls. ~.~ DECISION: GRA_N't1~D The abov~ decision is subject Io the following condition(s): ,.., 1~ t, I } Final approval of minor variances to tile Zoning By-la,,v ratuiremcnts for lot frontag~ ~n'd lot area of Pan I. Removal of the garage on Pan 1. Dedication to the City of a daylighting triangle with 4.5 meu~ ( 14.76 foot) legs at the southwest comer of Russell Street and St. Patrick Avenue. ' . . The applicant enter into an agreement to the City's satisfaaion the applicant agree to pay for sidewalk construction if and when sidewalks are put in. , Payment to the City for cash-in-lieu of parkiand dcdication. Submission to the Secretary-Treasurer, the deeds in triplicate for conveyance of the subjeet parcel. or a rcgistrablc legal description of the subject patcdi, together wiffi a copy of the deposited reference plan, ffapplicable, for use in the issuance of the Certificate of ConseaL 7) Submission to the S~cmtasy-Treasurer, the final cenilicadon fee payable to the Treasurer, City of Niagara Falls. · 8) All conditions ofconsent to be ful~lled by March 20, 2001. ~ ! ---.::.'?'~.~: Reasons I. With condifio~ fdi~lled, ~e applicalion complies with the requitemeals of the Zoning By-law and conforms to the policies of the Ofilcial Plan. 2. Consent creates a residemial building lot within an urban surviccd area. Date of Decision: Match 2 l, 2000 Dalc of Mailing: March 22,-2000 Filial date of Appeal: April 11, 2000 .. ~..... Secreta~Ffreasurer S:',Se~tucE00~gim:h~er.07~loa~D~ci~i~a.wN The purpose of this letter is to voice our strong objection to the proposed extension of the sidewalk on the West Side of St. Patrick Street approaching Russel Avenue, As you will recall the extension of the sidewalk resulted from the consent to sever a minor variance granted to Deborah Kirschner for the property known municipally as 3357 St. Patrick Street. By way of background, we purchased our property as a building lot on May 22, 1997 from Mrs. Joan Brown who resides next door to us at 3360 St. Patrick Street. Previously, Mrs. Brown obtained consent to sever the property we subsequently purchased. The Land Division Committee at that time did not impose condition for the construction of the extension along our property and Mrs. Brown's property. Further, when we were designing our home we spoke to our official at the Building Department and inquired as to whether there were any future plans for the extension of the sidewalk. We were advised "that we would get one only if we wanted one". On the basis of this statement and the fact that Land Division Committee did not impose any condition for a sidewalk we situated our dwelling on our 70'x100' lot with a limited ~'ont yard. To say the least it comes as a complete shock that the city would now have any extension to nm a sidewalk along our front yard. More importantly, we paved our driveway within the last month, which will be negatively impacted by any sidewalk running through our driveway. In short, we are adamantly opposed to the extension of the sidewalk on the following grounds: We relied on the previous action of Land Division Committee and statements by the Building Department in designing our home with no sidewalk contemplated. , The construction on of the sidewalks will jut around approximately 8 trees; the majority of which are very mature and in doing so will bring the sidewalk ever so ~lose to our front porch. In addition, there is a strong possibility some recently planted trees will be removed. 3. Mrs. Brown's home was built in1805 and from that time unti!1997 encompassed our property. Throughout this period of nearly 200 years there has never been a sidewalk running through these propeffies. Why now? More importantly, what has changed since 1997 when no such condition was put on Mrs. Brown's severance, which would have been the appropriate time to do so. Why didn't the city make that request to the I.~nd Division Committee at that time? In closing we as taxpayers have relied to our detriment on the fact that no sidewalk would be installed unless we wanted one. 'The installation of the sidewalk will substantially affect our privacy, negatively impact on our property value and will negatively affect the appearance of our recently paved asphalt driveway. We submit a petition signed by our neighbors in support of our request that the sidewalks not be extended. We trust' the' above' adequately sets out our position. 'we' i,6~ld b(pleased to discuss our concerns in person with you. OFFICE Or r~!E MAV(1R c.c;,ld,,J,~, W~,.,,,,~ TL ....... ' c.c. Alderman Selina Volpatti c.c. Secretary-Committee of Adjustments and Michelle ~~j~ _ j~ City of Niagara Fails Planning Department Attention: Alex Herlovich 3360 St. Patrick Ave. Niagara Falls Ont. May 31, 2000 Dear Sirs or Madam, At a recent meeting with city employees held near our home at 3360 St. Patrick Ave., I received information re the construction of sidewalks fronting on the above address. The city representatives were most polite and explained in an unbiased manner the reasoning for the city's interest in constructing the walks. Our family is opposed to this construction for the following reasons: A. The sidewalks would be very close to our front windows. The nature of our home eall.q for low windows and there would be little privacy for us when we dine or enjoy our living room. B. The home is designated by LACAC as historically significant. It is possibly the oldest inhabited log home in Ontario and sidewalks so close would detract from its setting. C. The walkway comixaction could result in the loss of at least six fine maple trees that add character and coolness to the neighbourhood. Planning officials may recall that they were opposed to a severance of our comer lot in that the view of the home would be impaired by further construction. We hope that the above information will adequately desenl~e our positior~ Please feel flee to call us at 356-5876 for clarification or comment on our feelings towards this project. RECEIVED MAY ~ 1 2000 I.-'L.fii,iNING & DEVELOPMENT How you find a great real estate agent. ATTACHMENT #5 ~NIIHNHIIIHII ROYAL LEPAG E ~iltlllHIglllnll Niagara Real Estate Centre Inc. Deborah Kirschner 2988 Portage Road Niagara Falls, ON L2J 2J5 May 24t~, 2000 GeoffHolman The City of Niagara Falls, Ontario I wish to resubmit this proposal, regarding my conditional severance of a lot at 3357 St. Patrick Avenue, Niagara Falls. I have agreed to pay a sum of $2,885,00 for a sidewalk, if and when installed. I would like to propose a payment plan of $ 100.00 per month for 25 months and $88.00 on the 26th month, to begin June 1st, 2000. I am a single mother of four children; the youngest is only 7 years old. A lump sum payment would impose a difficult financial burden for me. I hope this proposal will be acceptable to you. Thanking you in advance for your co-operation. Sincerely, Deborah Kirschner The City of -Niagara 'Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: swheeler@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2000-69 June 26, 2000 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2000-69 Sign Application Variance Tim Hortons - 5223 Stanley Avenue RECOMMENDATION: That Council approve the application for a thirty (30) foot high ground sign at 5233 Stanley Avenue for Tim Hortons as shown on the attached schedule "A". BACKGROUND: Tim Hortons has submitted an application for a ground sign at the above noted address. The Sign By-Law currently states that ground signs shall not exceed twenty-five (25) feet in height, and that a variance may be requested if the frontage of the property exceeds one-hundred and fifty (150) feet. The lot ~'ontage on this property is two-hundred and ninety-two (292) feet. Tim Horton's is altering an existing ground sign, thereby increasing the area to two-hundred and twenty-four (224) square feet which also exceeds the sign by law which allows a two-hundred (200) square foot maximum. Tim Hortons is asking Council for relief to the sign by-law to allow the placement of the sign. The variance requested is consistent in size and nature with the existing advertising and would not adversely affect the surrounding area. A permit will be issued pending approval from the Ministry of Transportation as well as Regional Niagara. 2000-06-26 -2 - Mw-2bOo-69 Committee's concurrence with the above recommendation would be appreciated. S. ;Wheeler y-Law Enrof~ ~.,.con~en~ ~ Eh'Duj~ P.Eng., Director of Municipal Works proved by: ban M;DC4n]a;d,~ .~ Director of Community Services Respectfully Submitted by: - 'Edward P. Lustig, ' Chief Administrative Officer IVorking Together to Serve Our Community DRIVE THRU 'The City of 1 I Niagara Falls~ Community Services Department Municipal Works 4310 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: swheeler@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2000-70 June 26, 2000 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2000-70 Sign Application Variance Hershey's - 5685 Falls Avenue RECOMMENDATION: That Council approve the application for a forty (40) foot high projecting sign at 5685 Falls Avenue for Hershey's as shown on the attached schedule "A". BACKGROUND: Canadian Niagara Hotels has submitted an application for a projecting sign at the above noted address. The Sign By-Law currently states that projecting signs shall not exceed twenty-five (25) feet in height, that it have a maximum area of seventy-five (75) square feet, that a clearance of nine (9) feet is required above grade and that it shall not extend ten (10) feet beyond the face of the building. Canadian Niagara Hotels is requesting a variance to the height and square foot area requirements. They propose a forty (40) foot high sign with an area of one-hundred and sixty (160) square feet. The sign will be seventeen (17) feet above grade and will project no more than ten (I0) feet from the face of the building. 2000-06-26 -2- MW-2000-?O The variance requested is consistent in size and nature with the existing advertising and would not adversely affect the surrounding area. A permit will be issued pending approval from the Niagara Parks Commission. Committee's concurrence with the above recommendation would be appreciated. Sf Wheeler f By-Law Enforcement Reco,mmen~.,, Ed~Du~, P.Eng., Director of Municipal Works Approved by: hnM Jo acDonald, ive Director of Community Services Respectfully Submitted by: Chief Administrative Officer aUach. Working Together to Serve Our Community CANADIAN N I A G A R A H O T E L S I N C. His Worship Mayor Wayne Thomson Members of City Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 June 19, 2000 Dear Ms./Sirs; As you may be aware, our Company has been in the process of a major construction project for some time in the area of Falls Avenue with a view of developing this area, not only for our visitors, it is our intention to make this a safe attractive environment for our local residents to enjoy. It is our intention in keeping with the High Profie First Class destination which our City so justly deserves and enjoys, to construct buildings and affix signage that will be aesthetically appealing to both our visitors and residents. As a result of conversations with City Staff, I understand that the proposed sign does not meet the minimum requirements of the By-Law which regulates signage in the City of Niagara Falls. The following dimensions are of the proposed projecting sign. The sign itself is 160 square feet, 4' x 40" with a minimum height above grade of 17' and a total height of 57' with lettering on the sign "HERSHEY". The sign exceeds the maximum permitted sq.ftg. of a projecting sign by 85' sq.ft. and exceeds the maximum height 27'. Notwithstanding the square footage and height exceeding the statutory maximum pem.itted it is our opinion that the proposed signage will not adversely affect the appearance of this building or any neighbouring properties as the subject sign has been designed to be affixed proportionately to the scale of the building and specifically to the wall on which it is to be attached. Therefore, we respectfully request your consideration and approval of this matter and thank you in advance for your time and indulgence. Yours truly, SKYLINE BROCK SKYLINE FOXHEAD Schedule "A" 14' +- TO OP, ADE Lj SIDE VIEW Customer: CANADIAN NIAGARA HOTELS Address: HERSNO/ MUSEUM - FAILg AVE NIAOARA FALLS Design No.: 00131 ISMM I?ECESSED NEON TO SHINE UP SLIPPLY ONE (1) D/F IttUM. PI?OJECflNG D/SPLAY 15MM YELLOW AI~GON NEON ON FILLEI~ CEN~ED IN 9LVEI~ BOI~DER .125 ALUM FACES PAINTED CHOCOLATE Bt?OWN WITH 4" BOI~DER PAINTED SILVER WHITE 732g FACES ILLUM. B'Y 15MM WHITE NEON 1" BI~USNED SILVEI~ VINYL ~IM 5"- .040 ALUM. ETUP, iVS PAINTED 9LVEI? 6"SO. X W' WAU STEEL POLE WITH ~" X I0" X 10" STEEL MOUNTING PLATE SECUI~ED TO WALL SUPPOI?TS BY OTHEI~5 t5MM OP,/INOE NEON ON FACES CENTRED ON SILVER BOI~DER 20GA 5'I'AINLE55 STEEL DECOI? PAINTED SILVER (U-GRADD t5MM I¥CESS'ED NEON TO SHINE DOWN 16" STEEL gALL PAINTED CHOCOLATE Bt~OWN Approved: Account Rep: K MCDONALD Date: MAY IO Revis.: Scale: 3116'=1'-0'