Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2004/09/20
THIRTEENTH MEETING Monday, September 20, 2004 From 4:00 p.m. to 5:30 p.m. City Hall, Committee Room #2A & B 1 ) Approval of the 2004-08-16 Community Services Minutes. 2) DEPUTATIONS: STAFF CONTACT: a) Carmen Garafalo - Spicoli's Pizza & Caf~ b) Mr. Jim Hess of Micron Installation Limited BDD-2004-01 - Micron Sign - Stanley Avenue Business Park Directory Sign 3) REPORTS: a) BBS-2004-06 - 6513 Monroe Street - Diane Shelton Mrs. Shelton to address Committee regarding cost incurred Ed Dujlovic b) MW-2004-134 - Kitchener Street at Victoria Avenue Traffic Operations Review c) MW-2004-135 - Costible Drive at Francesco Avenue Intersection Control Review Ed Dujlovic d) MW-2004-136 - McLeod Road Drainage Project Fafard/Diamond Peat Moss Property e) MW-2004-137 - Leader Lane Road Improvements - Development Agreement Ed Dujlovic 0 R-2004-56 - Community Centre Operations and Services Committee Ed Dujlovic g) R-2004-57 - Tree By-law Affecting Municipal Lands Adele Kon h) R-2004-58 - Status of the 2004 Beautification Projects Adele Kon i) R-2004-60 - Patrick Cununings Memorial Sports Complex - 2005 Capital Budget for Phase 2 Adele Kon j) R-2004-52 - Armoury Adele Kon 4) NEW BUSINESS 5) ADJOURNMENT MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, August 16, 2004, City Hall, Room 2 at 4:00 p.m. PRESENT: Chairperson Alderman Selina Volpatti, Mayor Ted Salci, Aldc-rman Wayne Campbell, Alderman Janice Wing, Alderman Jim Diodati, Alderman Vince Kerdo. REGRETS: AldermanVictor Pietrangelo, Alderman Joyce Morocco, Ken Burden STAFF: John MacDonald, Tony Ravenda, Ed Dujlovic, Pat Burke, Ray Kallio Adele Kon, Dean Iorfida, Todd Harrison, Karl Dren, GeoffHolman, John Castrilli, Mar/anne Tikky- Steno. PRESS: Corey Larocque, Niagara Palls Review GUESTS: David Redekop - 3855 Dorchester Road, Darrin Douglas - 3879 Dorchester Road, David Sinke - Philips Engineering, Bob Foley - RCAFA Niagara, Lesile Butcher - RCAFA Niagara, Howard Rymer - RCAFA Niagara, Pamela Kokoshki - RCAFA Niagara, Garry Beck - RCAFA Niagara, (Paul Bums, Terry Masterson, Laurie Primeau, Chris Clark - speaking on behalf of the major arena user groups), Steven Lovely - 6155 Corwin Avenue, Gary Conway - 6770 Culp Street, Robin McBumey - representing Princess Margaret School, Celeste Smith - 5835 Brookfield, Ellen Kerr - 6322 Goodsir Cres., Mrs. Reid - 6134 Fingland Street, Evan Craig - Pastor of Main Street Baptist Church, Ed Glass - 5928 Murray Street, Mr. & Mrs. Hudson - 6203 Main Street, Mr. & Mrs. Fraser - 5440 Drummond Road, Mr. & Mrs. Hiltz - 5440 Dmmmond Road, Maude Hinz - 5440 Drummond Road, Elaine West - 5440 Drummond Road, Donna Payne - 5440 Drummond Road, Mary Pistorius - 5440 Drummond Road, Geoffrey Chapman - Main Street, Mike Dillen - 5865 Dixon Street, Cathy Heuser-Flachs - 5853 Dixon Street, Dorothy Van Slyke - 5893 Murray Street, Mr. & Mrs. Armstrong - 5917 Murray Street, Mr. & Mrs. Thomas - 5893 Symmes Street, Jeanette Rooney - 6170 Orchard Avenue. MINUTES It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Campbell, that the minutes of the July 12, 2004 meeting be approved. Motion: Carded Action: Recommendation submitted to Council 2004-08-16 DISCUSSION a) Armoury It was ORDER on the motion of Alderman Ioannoni and seconded by Alderman Wing that John O'Connor be allowed to video tape the Armoury Discussion in Community Services Committee. -2- Motion: Carried Chief Administrative Officer advised Council that the Annoury is listed on tonight's agenda as staff in the process on compiling the information required on potential cost and options for the Armoury. Staff is looking for direction to either extend the deadline option further until such time that staff has prepared a detailed report or without all the details presented does Council wish to purchase the property. Alderman Wing advised that the staff should complete the steps the City has already taken to acquire the Armoury and to purchase the building as soon as possible. Alderman Ioannoni advised Council that this issue has come back repeatedly and feels no further discussion is required. Alderman Ioannoni proceeded to make the following motion; It was ORDER on the motion of Alderman Ioannoni and seconded by Alderman Wing that the City proceed with the purchase of the Armoury and following the purchase meet with groups interested in using the facility. Motion: Carried Conflict: Alderman Campbell Action: Recommendation submitted to Council 2004-08-16 PRESENTATION Mr. David Sinke of Philips Engineering presented a brief outline of the work proposed for Kalar Road fi.om Westwood Street to McLeod Road. a) MW-2004-132 - Kalar Road OVestwood Street - MeLeod Road) Improvements - Mnnieipai Class EA Final Report and Recommendations Following a brief question and answer period the following motion was made; It was ORDERED on the motion of Mayor Salci and seconded by Alderman Campbell that the Environmental Study Report for the Kalar Road (Westwood Street to McLeod Road) Municipal Class Environmental Assessment (EA) be received and approved and further that staff be directed to advertise the Notice of Study Completion in accordance with the requirements of the EA process. Motion: Carried Action: Recommendation submitted to Council 2004-08-16 -3- REPORTS b) R-2004-51 - Options for Community Arenas Mr. Paul Bums provided a brief deputation to Committee and advised that the major arena user groups would be more than happy to sit on a committee to help fund raise and give some constructive input. The Chief Administrative Officer advised Committee that staffwill prepare a report in terms of a structure and process for the Arena Committee for Council's approval. Also that the Committee will have to go through a process and hear from other interested groups. Mayor Salci advised that the previous Council made a commitment to Chippawa and in order to sec the project developed quicker and to have an affordable means of getting another icc surface on board Mayor Salci made a motion to move on Phase II pertaining to Chippawa ice surface. Alderman Diodati requested clarification on the time frame of twinning the Chippawa Arena and questioned if it is $3 million in Capital Cost for the Niagara Falls Memorial Arena to be fully renovated. Business-wise Alderman Diodati did not quite understand the logic of proceeding with twinning Chippawa and inquired whether this would delay the twin pad arena and cause the City to expend $3 million on the Niagara Falls Memorial Arena. The Director of Parks, Recreation and Culture advised Committee that the City could forego some of the consultants recommendations and repair only what is immediately required. The Director further noted that the building does not have sufficient washroom facilities, no sprinklers which the Fired Department has been strongly recommending and gets steam heat from Kraft. The Director advised that the roof has been patched for years and must be replaced at a cost of approximately $200,000.00. Chief Administrative Officer advised that by accepting Preferred Strategy Phase II we are accepting that the City will incur additional Capital Cost but not a full $3.5 million. Alderman Diodati advised that 60% of the Operating Expense is for the Niagara Falls Memorial Arena and the City is losing a lot of money. Alderman Diodati noted Mayor Salci comments that the borrowing rates are at on all time low and requested that the report include the cost of proceeding with twinning the Chippawa Arena and a new twin pad arena concurrently. Following further discussion the following motion was made; It was ORDERED on the motion of Mayor Salci and seconded by Alderman Ioannoni that staff proceed with Preferred Strategy Phase II, that Chippawa Willoughby Memorial Arena (CWMA) be twinned. -4- Motion: Carried Action: Recommendation submitted to Council 2004-08-16 It was ORDERED on the motion of Mayor Salci and seconded by Alderman Ioannoni that staff look at the possibility of replacing the ice surface at Niagara Falls Memorial Arena at the Community Centre Site and staffto prepare a report for the September 20, 2004 Community Services Committee meeting to address the financial implication of doing both (Chippawa Arena & new twin pad arena) projects concurrently Motion: Carried Opposed: Alderman Wing Action: Recommendation submitted to Council 2004-08-16 DEPUTATION Mr. David Redekop presented a short video to show Committee the potentially dangerous road conditions. The paved shoulder of Dorchester Road between Thorold Stone Road to Waterloo Drive is flush with the sidewalk, which motorist travelling southbound take advantage of to pass cars turning east onto Isaac Street. At times motorist have come up onto the sidewalk to manoeuver around the southbound vehicle make a potentially hazardous situation to pedestrians, mostly children travelling to school. Mr. Darrin Douglas also of Domhester Road advised Committee that his vehicle was struck while travelling northbound on Domhester Road turning west into the Queensway Free Methodist Church. The Niagara Regional Police on the scene indicated that the paved shoulder was a live road. The Director of Municipal Works advised Council that the motion that was passed from report MW-2003-158 was that the curbing be ineluded in the 2004 Budget Deliberations. Another issue that Council should be made aware of is this section is part of the Dorchester Road EA. The improvements to the Thorold Stone Road/Dorchester Road intersection will go beyond Isaac Street. These areas will have to be reconstructed and at that time curbing will be installed, it is jnst a matter of timing. Council has just approved the Dorchester Road EA and it will be published. The City will have to hire a consultant to carry out the detailed design work, which will get underway during the winter months. Until the detailed design work is completed the Director of Municipal Works recommended that the City not proceed with works in this area as it would be thrown away when the City begins the reconstruction on Dorchester Road. The first phase of the reconstruction will be between Morrison Road and HWY. 420, staff is recommending that the second phase should be the Thorold Stone Road/Dorchester Road intersection in 2006 depending on the budget. At that time the City would proceed with the curbing work. Dorchester Road is indicated in the Capital Works Budget as a multi-year project, when the City has the detailed design then staff can look at doing some curbing along this section -5- of Dorchester Road in around Isaac Street up to Waterloo Drive to address Mr. Redekop's concerns. Alderman Wing inquired if Jersey Barriers or some other deterring device could be installed now. The Director of Municipal Works advised that staffwould look at Jersey barriers or delineators which have been used in other areas of the City. Alderman Campbell suggested that the paved shoulder could be delineated as a bike lane and mark the pavement to indicate the shoulder is a bike path. This would be a quick solution and could be done immediately giving staff time to come back with a report. It was ORDERED on the motion of ALDERMAN IOANNONI and seconded by Alderman Wing that curbing be installed immediately as per the previous Council's decision. The motion was Defeated. It was ORDERED on the motion of ALDERMAN CAMPBELL and seconded by Mayor Salci that staff immediately delineate the paved shoulders as a bike path with all the necessary markings and that staff return with a full report to Committee September 20, 2004. Motion: Carried Action: Recommendation submitted to Council 2004-08-16 REPORTS c) MW-2004-125 ~ New Sidewalk Installation on Culp Street and Corwin Avenue Mrs. Robin McBumey representing Princess Margaret Public School gave a short verbal deputation to Committee to advised them of the need for sidewalks in this area. Mrs. McBumey indicated that the school would prefer the sidewalk to be placed on the same side of the school which would cause the least amount of disruption to neighbouring property owners. Several property owners on Corwin Avenue and Culp street indicated that they would prefer no sidewalks as they are not warranted. Mr. Steven Lovely of 6155 Corwin Avenue advised Council that he has only seen a handful of children walk down Corwin Avenue. Most of the children attending Princess Margaret School come from the opposite direction. Mr. Gary Conway of 6770 Culp Street advised Council that he has just installed a new concrete drive way and would prefer option #3 of the report. If sidewalks must come down his side of the street he ask that City staff bypass his driveway. It was ORDERED on the motion of Alderman Ioarmoni and seconded by Alderman Kerrio that staff meet with Princess Margaret School representatives and the area residents to discuss the installation of sidewalks on Culp Street and Corwin Avenue. -6- Motion: Carried Action: Recommendation submitted to Council 2004-08-16 d) MW-2004-126 - Fallsview Casino Area Parking Review Following several questions from area residents present at the Community Services Committee meeting the following motion was made. It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Wing that; 1) a "no parking at all times" zone be implemented on the south side of Dixon Street between Omhard Avenue and Level Avenue; 2) a "permit parking" zone be implemented on both sides of Murray Street between Orchard Avenue and Finlay Avenue; 3) a "no stopping, tow away" zone be implemented on the north side of Main Street between Allendale Avenue and a point 75 metres west of Allendale Avenue; 4) a "metered parking" zone be implemented on the north side of Main Street between a point 75 metres west of Allendale Avenue and a point 155 metres west of Allendale Avenue; 5) a "no parking at all times" zone be implemented on the north side of Main Street between a point 155 metres west of Allendale Avenue and Robinson Street; 6) a "no stopping, tow away" zone be implemented on the south side of Main Street between Allendale Avenue and a point 70 metres west of Allendale Avenue; 7) a "metered parking" zone be implemented on the south side of Main Street between a point 70 metres west of Allendale Avenue and a point 145 metres west of Allendale Avenue; and, 8) a "permit parking" zone be implemented on the south side of Main Street between a point 145 metres west of Allendale Avenue and Robinson Street. Motion: Carded Action: Recommendation submitted to Council 2004-08-16 e) MW-2004-131 - Drummond Road at Frederica Street, Traffic Operations Review Several residents of 5440 Drummond Road expressed their concerns regarding the turning movements of vehicles exiting the Tim Horton on Drummond Road at Frederica Street. -7- The residents have witnessed vehicles making left hand tums onto Drummond Road from the most northerly exit which would mean the vehicle would have to cut across four lanes of traffic. The residents also have concerns about vehicles blocking the Prospect Street entrance delaying southbound traffic from make a eastbound turn. It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Campbell that this matter be deferred and staff to contact the owner of Tim Hortons and express the concerns of area residents and arrive at a workable solution to the traffic flow concerns. Motion: Carded Action: Recommendation submitted to Council 2004-08-16 NEW BUSINESS a) Alderman Wing advised that the Banting Avenue residents are complaining that the air conditioning at the Fire Station is running 24/7 and they are concerned about the waste of energy and noise pollution. The Fire Chief indicated that staff is taking steps to rectify the situation. b) Alderman Wing advised that the business owners on Main Street between Peer Street and Robinson Street on the east side and Barker Street and Culp Street on the west side request that the parking meters not be enforced on Saturdays to help increase weekend shopping in this area. c) Mayor Salci requested that staff contact the Regional Engineering Department regarding the increased amount of accidents at the intersection of Mountain Road and Dorchester Road. The Director of Municipal Works advised Council that staff has been in contact with the Region on similar speeding issues in this area and would send a letter on Councils behalf requesting the Region to investigate and report back to the City. d) Mayor Salci requested that staff contact CN Railway to ask when the rail crossing at Whirlpool Road and Stanley Avenue would be under construction. e) It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Kerrio that staff investigate and report on the condition of the playground equipment and ways to deter vandalism and youthful partying at Preakness Park Motion: Carried Action: Recommendation submitted to Council 2004-08-16 ADJOURNMENT -8- It was ORDERED on the motion of ALDERMAN IOANNONI and seconded by Alderman Diodati, that the regular meeting of the Community Services Committee be adjourned at 6:05 p.m. and move into In-Camera Session at 6:30 p.m. Corporate Services Department The ¢ of ~i~llf Legal Services N[,q~FRLL$CLER'KS'O4L'-~t'J~ R.O. Kallio Fallsli~,~-~ 4310 Que~n Street City Solicitor Niagara can_. _ P.O. sox 1023 Niagara Falls, ON L2E 6X5 ~ I ~ web site: www.city, niagarafalls.on.ca lei.: (~05) 35~-7521 Fax: (g05) 371-2592 fi-maih rkallio~ci~.niaoara~alls.on.m March 2, 2004 REGISTERED MAIL Ma-. Daniel Markarian 6383 Drummond Road Niagara Falls, Ontario L2G 4N2 Dear Mr. Markarian: Re: Lease Agreement dated July 19, 1995 ("Lease") made between The Corporation of the City of Niagara Falls {formerly The Regional Municipality of Niagara} ("Lessor") and Daniel Markarian, carrying on business in the name and style of Goodfello's Deli N Caf6 ("Lessee") for part of the untravelied portion of Regional Road No. 100 {Druramond Road} (the "Premises") T]~E LESSOR hereby exercises its fight to terminate the Lease as contained in Sections 7 and 8 of the Lease. The Lease shall therefore terminate as of September 10, 2004, on which date the Lessee is required to deliver vacant possession of the Premises to the Lessor in aecerdance with its obligations in the Lease. FURTHER, the Lessor hereby demands removal by the Lessee of its fixtures located or erected on the Premises on or before the termination date of September 10, 2004, in accordance with Section 4(e) of the Lease. DATED at the City of Niagara Falls, Ontario, this 2a day of March, 2004. CO O .n T OF OF N ¥X LS By its So~ Ray Kallio c. Carmen Garofalo Working Together to Serve Our Communi~ Clerks Finance Human Resources Information Systems Legal · Planning & Development Corporate Services Depar[ment The Ci~ of Legal Se~vice$ R.O. Kallio 4310 Queefi Street City Solicitor Niagara Fails .P.O. Box 1023 CanQdQ Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca August 24, 2004 Mr. Carmen Oarofalo 6165 Barker Street Niagara Falls, Ontario L2G 1Y5 Dear Mr. Garofalo: Re: Lease Agreement dated July 19, 1995 ("Lease") made between The Corporation of the City of Niagara FaLls {formerly The Regional Municipality of Niagara} ("Lessor") and Daniel Markarian, carrying on business in the name and style of GoodfeLlo's Deli N Caf6 ("Lessee") for part of the untravelled portion of Regional Road No. 100 {Drummond Road} (the "Premises") Our File No. 200147 This will confirm your attendance at a meeting of August 23, 2004, with City Staff, with respect to the above matter, wherein we confirmed with you that a Notice to Terminate Lease was forwarded to you by registered mail on March 2, 2004, said Notice advising you that the City was terminating the above-mentioned Lease Agreement as of September 10, 2004, and demanding removal of your fixtures on the Premises on before such termination date of September 10, 2004. You advised that you wished to address Council at its meeting of September 20, 2004, to request that it reconsider its position in this matter and allow a Lease of the Premises on a year to year basis. We confirmed with you that we would extend the time to remove your fixtures from the Premises by ten days, in order to afford you this opportunity. Please note that we further advised you that should you not attend at Council on September 20, 2004, as requested by you, we will then proceed to demand vacant possessio.n of the Premises and removal of// ~e fixtures located or erected thereon, with no further not]ce to you and should you f/a~l:~o/c~ ~ply, City Staff will attend to such removal. __ ~ ][// ROK~sm City Solicitor Working Together to Serve Our Communi~y Clerks · Finance · Human Re$oume$ Information Systems · Legal · Planning & Development Mr. Carmen Garofalo - 2 - August 24, 2004 c. Ed Dujlovic Director of Municipal Works Dean Iorfida City Clerk Andrew Bryce Planner 2 Community Services Department BDD-2004-01 . ..... .~,~ . Business Development Serge Felicetti Be L, ITy' Or ~lr~'~. 4310 Queen Street Director Niagara Falls ~,,~ P.O. Box 1023 Cat, ada .,~' Niagara Falls, ON L2E 6X5 ~~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: sfelicet@city.niagarafalls.on.ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BDD-2004-01 - Micron Sign Stanley Avenue Business Park Directory Sign RECOMMENDATION: l) That Micron submit in writing an application for a sign permit which would allow their business sign to be affixed to the City's Stanley Avenue Business Park Directory Sign at the comer of Progress Street and Stanley Avenue, and 2) That Micron's request be forwarded to Stanley Avenue Business Park Association for consideration and comment at its next meeting, scheduled to be held on September 29, 2004. BACKGROUND: In 2002, Council granted permission to Niagara Clock to affix a small sign to the Stanley Avenue Business Park Directory sign on Progress Street. No such permission was granted to Micron. The Stanley Avenue Business Park Association has discussed the Park's directory signs many times over the past few years. In 2003, after Niagara Clock had relocated outside of the industrial park, the Association requested that the City remove an affixed sign from the City's Stanley Avenue Business Park Directory Progress Street sign. The sign was removed, but the steel frame remained attached to the sign. Over the past several years, Staff reviewed the sign process with Micron to request their own sign to be affixed to the Stanley Avenue Business Park Directory sign. Micron representatives discussed the matter several times over 2003-2004 with the members of the Stanley Avenue Business Association during their meetings. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 20, 2004 - 2 - BDD-2004-01 Micron representatives informed the City and the Association members that they had purchased the sign from Niagara Clock in September 2003. The matter was deferred until Mr. Hess was able to attend a meeting. Prior to the next Association meeting, November 2003, Micron installed a sign affixed to the Progress Street Business Park sign without the necessary approvals. The matter was brought forward to the Association's, January 2004, meeting where Mr. Hess was in attendance. The Association members did not want to comment on the sign until the ownership issue was resolved. The members did make a motion to request that any future sign requests be sent to the Association for its comments. Staffconsulted with Legal Services and confirmed that the Micron sign is illegal. On August 31, 2004, a letter was sent to Mr. Hess, Micron Installations Limited, to make the necessary arrangements to remove their sign. Mr. Hess upon receipt of this letter contacted Building & By-Law Services staff requesting to address Council on this matter. To date, the City has not received a ~vritten application/permission request from Micron to affix its sign and therefore has not brought the matter back to the Association members for comment. Prepared by: Respectfully subg~itted: Wendy Canavan ~- John MacDonald Economic Development Officer ~ Chief Administrative Officer ~Serge/l~elicetti ~ Direc¥or of Business Development WC/Iw Encls. Industrial Community Services Department Municipal Works Ed Dujlovic, P. Eng. ..CA. 4310 Queen Street Director City of P.O. Box 1023 CQFi~~i~r~,~- web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 ~ I -- Fax: (905)356-2354 July 15, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: M'W-2002-88 - Stanley Avenue Business Park RECOMMENDATION: It is recorrunended that Council endorse the installation of signs on the rail bridge on McLeod/Marineland Parkway with the wording "Stanley Avenue Business Park Factory Outlets" and the smaller signs on Stahley, McLeod, Marineland Parkway. for directional purposes to the industrial park, subject to Regional approval for all the signs. BACKGROUND: Business Development Staff has worked with the S~anley Avenue Business Association for the last several years. Directional signs to the Park are an ongoing concern to businesses in the Park. In response to Niagara Clock & Giftware's request letter to Council on June 17m to install directional signs to find their business located in the Stanley Avenue Business Park. On June 26, 2002, Staff from Business Development, Building & By-Law and Municipal Works met to discuss the matter. Staffwas in agreement that the directional signs to the industrial park along McLeod, Stanley and Marineland Parkway were in need of updating. Staffwas in agreement to work with the Stanley Avenue Business Park Association and with the Region to install one sign on the east side of the rail bridge and to update the smaller signs on Stanley & McLeod. The signs would be designed similar to the other Tourism Destination signs posted throughout our community. Municipal Works Staff has estimated the cost of the signs to be approximately $2,000.00 and would be the responsibility of the private sector to pay for the signs. Staff agreed that Niagara Clock & Giftware could attach a directional sign to the already existing Park sign on Progress Street at their own expense and subject to design approval by both the City and the Region. Business Development Staff invited the businesses in the Stanley Avenue Business Park to attend a meeting to discuss direction signs to the Park. The meeting took place on Wednesday, July 3, 2002 at 11 a.m. in the board room of Oneida. In attendance was Business Development Staff, Doug Clancy, Oneida Canada, Anthony & Lorraine Bolgar, Niagara Clock & Giftware and regrets were received by Micron. Business Development Staff presented the recommendation to the t~vo Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-L~ July 15, 2002 -2 - MW-2002-88 interested businesses. Both Oneida Canada and Niagara Clock & Giftware have agreed to the sign design, suggested locations and to share the cost of the signs. Niagara Clock & Giftware has agreed to pay the entire cost, design and installation of a sign attached to the existing Park sign on Progress St. (Attached are letters from Oneida Canada and Niagara Clock & Giftware.) All the signs installations are dependent upon Regional approval. ~: Respectfully Submitted by: Serge Felicetti q~John MacDonald Director of Business Development Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Mtmicipal Works Attach: S:~KEPORTSX2002 ReportsXMW-2002 -88 - Stanley Avenue Business Park.rod & GIFTWARE 6065 Progress Street Niagara Falls, Ontario L2E 6X8 Tel. (905) 371-9993 Fax (905) 358-7005 July 820o2 Your worship Mayor Thomson And Members of Council R~: DIRECTION SIGN This letter is in response to our meeting with Wendy Canavan at the Oneid~ office in Niagara Falls on Wednesday July 3, 2002. Please be advised that Niagara Clock & Gif~vare would be willing to share the costs for the installation of a directional sign at Marineland Parkway railroad crossing for the Stanley Avenue Business Park Community that includes the reference to Factory Outlets. In addition, Niagara Clock & Giftwure proposes a directional sign that would become part of the existing community sign, located at the comer of Stanley Avenue South and Progress Street. This sign would be constructed to be identical to the existing business park sign. Niagara Clock & Giftwure further proposes that the sign be made and installed byNiagara Clock & Giftware to reduce the cost. However, if the city wants to handle the construction and installation, that of course would be acceptable. Respectfully yours, A. Bol~ar Lorraine L Bolgar I3'-6 14'-6" 3'-6" 1 First Choice Second Choice FACTORY FACTORY .- OUTLET OUTLET o , NIAGARA NIAGARA ~ CLOCK & CLOCK & GIFTWARE GIFTWARE Existing Business -- Sign The City of Niagara Falls Canada Third Choice ~~ NIAGARA CLOCK & GIFT , ~ Ground FACTORY OUTLET ~ Level 8'- 0" 5'- 0" The proposed sign to be attached to the Progress St. - Stanley Ave, Business Park Sign To be constructed of the same material and color as the existing sign Please note; The third choice would be difficult to maintain the sign on this location. Snow and grass would be a problem, Community Services Department B~BS-2004-06 T~ Ci~'¥ ol Building & By-Law Services John Castrilli Ni~l(::t~ J:~2ilS 4310 Queen Street Director C('J~qc]d(] ,- P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 374-7500 E-maih jcastrilli@city.niagarafalls.on.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS 2004-06 - 6513 Monroe Street - Diane Shelton RECOMMENDATION: For the information of the Committee. BACI~GROUND: The Building & By-law Services received two complaints (January & February) regarding this property stating there was a pile of debris on the front yard and sidewalk that had been there since September, 2003. The pile of debris was approximately 12 feet wide, 15 feet deep and 3-4 feet high and extended across the city sidewalk. Staff proceeded to correct the situation under the authority of the 'Litter By-law' being By-law # 96-32, by notifiying the owner of record on March 2, 2004 by registered mail to have the materials removed immediately. A further inspection March 30~ revealed that the debris had not been removed. Photographs were taken and a note was left on the front door requesting that the owner contact Staff. No contact was made and another registered letter was sent. Staff has confirmed (with Canada Post) that the addresses of both notices were correct and both were acknowledged as being received. A follow-up inspection on April 13~ showed no changes. The note was still attached to the front door. A crew was sent in on April 15, 2004 and ali items were removed and the owner invoiced. The total cost of the clean up was $ 750.76 which breaks down as follows: Clean-up $ 360.00 Dumping fee 108.00 GST 32.76 Administration fee 250.00 Working Together to Serve Our Comraunity Municipal Works * Fire Services * Parks, Recreation & Culfure · Business Development · Building & By-Law Services September 20, 2004 - 2 - E~E~S-2004-06 The Administration fee has since been waived, leaving an outstanding balance of $ 500.76. Council should note that had Ms. Shelton responded to any of the notifications she would have been informed to contact the Region to have the materials picked up as part of the curbside collection program at no cost to the home owner. These types of requests must be made by the owner and cannot be made via City staff. The owner has suggested that she did not receive the first registered letter and does not know the person who signed for it. Also, she stated that she received the second letter the day the crew was on site cleaning up and because she never uses the front door she did not see the note, however it should be noted that the mailbox for the home is directly beside the front door. The owner is citing that she did not get adequate time or notice to do the work herself. She also disagrees that the pile was over the sidewalk and that the costs are excessive. The first notice was signed for by a person named "Jerry" and the second was signed for by Ms. Shelton based on the information we have received from Canada Post. We agree that the second letter was delivered on the day of the clean up. The debris had been there since September, a total of three notices was given and the attached photos show the extent of the pile over the sidewalk. It is important to note that the second registered letter and note left in the door were done as a matter of courtesy and that staff could have performed the clean up after the first notice, as it was ackno~vledged as being received. Accordingly, staff feels that Ms. Shelton had ample opportunity to perform the clean up work as the material had been there for approximately six (6) months and the waiving of the $250.00 admhnistration fee was an adequate compromise in view of the cimumstances. Staff also feels that the cost of this clean up is reasonable and it would be unfair to the taxpayers in general to pay for the clean up of these renovation materials. P~ Respectfully~19~/~, submitted: c ohn MacDonald Manager of By-Law Services Chief Admirdstrative Officer [ Dir~:.tor of Building & Bylaw Services '-1fftach. FRONT YARD, 6513 MONROE STREET Tuesday, April 13,2004 1:18 PM Community Services Department MW-2004-134 Municipal Works Ed Dujlovic T- hi-- O' .~,'.,4~ 4310 Queen Street Director ne~..Ty r I/J. P.O. Box1023 Niogo,o o,sllJ Ni,gara Fa,s, oN 6x5 CclJ'iad~ ~~' web site: ~.ci~.niagarafalls.on,ca ~~' J -- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovJc~ci~.niagarafalls.on.ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2004-134 Kitchener Street at Victoria Avenue Traffic Operations Review RECOMMENDATION: It is recommended that this report be received for information of the Committee. BACKGROUND: In reply to a request, staff has conducted a traffic operations review at the intersection of Kitchcner Street and Victoria Avenue. The concern at these location stems from eastbound motorists on Kitchener Street enduring long delays in order to carry out a left mm onto Victoria Avenue. The intersection of Kitchener Street and Victoria Avenue is in a '~tee" configuration consisting of north/south, and west approaches. The intersection is currently controlled by a stop sign facing eastbound motorists on Kitchener Street. Traffic signal control is present at the intersection of Victoria Avenue and Roberts Street located approximately 60 metres north of Kitchener Street. The results obtained from a turning movement count at the study intersection reveal that the Traffic Signal Warrant is not fulfilled. Furthermore, the following information was obtained from the count: the vehicular traffic volume on Victoria Avenue is approximately 770 motor vehicles per hour · the vehicular traffic volume on Kitchener Street is approximately 105 motor vehicles per hour · approximately 25 pedestrians per hour crossed Kitchener Street at Victoria Avenue · approximately one pedestrian per hour crossed Victoria Avenue at Kitchener Street Working Together to Serve Our Community Municipal Works · Fire Services * Parks, Recreation & Culture * Business Development · Building & By-Law Services September 20, 2004 - 2 - MW-2004-134 Based on the information provided above, it is fair to suggest that both the vehicular and pedestrian traffic volume on Victoria Avenue are significantly greater than those on Kitchener Street. Intersection capacity analysis, using the data obtained from the turning movement count, reveal that the study intersection is operating at an optimal level of service throughout the day. The results obtained from an eastbound left turn delay study, which was concurrently conducted with the turning movement count, reveal that the level of service at the west approach (Kitchener Street) ranges from outstanding to acceptable, depending on the time of the day. On average, the delay facing eastbound motorists at the stop bar, attempting to make a left turn, was determined to be 12 seconds. This value ranges from six seconds in the a.m. period to 16 seconds in the p.m. period. These results are consistent with the results obtained from the capacity analysis of the west approach. The results obtained from the capacity analysis, which takes into account the total time delay of every vehicle in the queue, reveal that average total delay of all vehicles making an eastbound left turn is 21 seconds. This value ranges from 12 seconds in the a.m. period to 30 seconds in the p.m. period. Since an acceptable level of service at unsignalized intersections is maintained when the average total delay extends up to 35 seconds, it was determined that the study intersection is operating at an acceptable level of service throughout the day. Technical observations at the east approach reveal the following information: due to nearby signalized intersections of Victoria Avenue at Roberts Street, and Victoria at Bender Street, adequate gaps in vehicular traffic streams on Victoria Avenue are available to eastbound motorists on Kitchener Street at Victoria Avenue; · in most cases, eastbound motorists on Kitchener Street were able to concurrently carry-out a left turn and a right turn onto Victoria Avenue; overall, the vehicular queue on Victoria Avenue did not extend past Kitchener Street; and, the vehicular queue on Kitchener Street at Victoria Avenue on average was 3-4 motor vehicles. A review of the collision files at the intersection of Kitchener Street and Victoria Avenue reveals that one collision has occurred during the previous three year period involving a motorist carrying out an eastbound left turn. The above-mentioned collision has occurred as a result of a pedestrian engaging a motorist attempting to carry out a left turn. As a result, the pedestrian suffered minor injures and no charges were laid. It was noted that the visibility available to eastbound motorists on Kitchener Street extends beyond the aforementioned proximate signalized intersections on Victoria Avenue. Based on the results of the aforementioned technical studies and observations, staffhas determined that the existing intersection control at the intersection of Kitchener Street and Victoria Avenue is adequate. Furthermore, it was determined that all approaches at the study intersection are operating at an adequate level of service throughout the day. It is understood that delays are endured at locations where a stop control is facing motorists on a side street entering an arterial roadway, however, at this location it was determined that the existing delays are reasonable. September 20, 2004 - 3 - MW-2004-134 The Committee' s concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. r_~Jo~a~Donald Manager of Traffic & Parking Services Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Work Tim Burshtein S:\TRAFFIC\REPORTS~2004\Community Services~Sept~rnber 20\MW-2004-134 Kitchener Street at Victor/a Avenue Trot'tic Operations Review. wpd ~ MCRAE ST. STAMFORD · ROBERTS ST. c g ST. N~ F.~ MUNICIPAL WORKS _~ c,,~,, TRAFFIC & PARKING SERVICES Kitchener Street at Victoria Avenue Traffic Operations Review NORTH NOTTOSC~E September 20, 2004] T. im Burshtein I Community Services Department MW-2004-135 Municipal Works Ed Dujlovic , A,, . ~-~& 4310 Queen Street Director The c.:~, ot IJ'~l/ P.O. Box 1023 Niagara Fa,Is W~ Niagara Falls, ON L2E 6X5 Ccir~ad~ .~~'"~" web site: www.city, niagarafalls.on.ca ~ I - Tel.: (905)356-7521 Fax: /905) 356-2354 E-mail: edujlovic@city.niagarafalls.on,ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2004-135 Costabile Drive at Francesco Avenue Intersection Control Review RECOMMENDATION: It is recommended that a stop sign be installed facing northbound motorists on Francesco Avenue at the intersection of Francesco Avenue and Costabile Drive. BACKGROUND: In reply to a request, staff has conducted an intersection control review at the intersection of Costabile Drive and Francesco Avenue. The concern at this location stems from a possibility of a conflict occurring between motorists and pedestrians. The intersection of Costabile Drive and Francesco Avenue consists of south and east/west approaches. The intersection is currently controlled by the basic right-of-way rule. Costabile Drive is a residential roadway extending in an east/west direction from Kalar Road to Cormell Avenue. The roadway curves several times throughout its length. In the study area, Costabile Drive is 8.0 metres in width and consists of a sidewalk and a boulevard on the north side only. Francesco Avenue is a residential roadway extending in a north/south direction from Costabile Drive to Marcon Street. In the study area, Francesco Avenue is 8.0 metres in width and consists of a sidewalk and a boulevard on the east side only. To determine whether The City of Niagara Falls Residential All-way Stop Warrant is fulfilled, the tbllowing technical studies were carried out: turning movement count · sight investigations · collision analysis Working Together to Serve Our Community Municipal Works * Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 20, 2004 - 2 - MW-2004-135 residential petition form technical observations The results obtained from a turning movement count reveal that the intersection of Costabile Drive and Francesco Avenue carries low vehicular and pedestrian traffic volumes. The following results were obtained: the vehicular traffic volume on Costabile' Drive is approximately 22 motor vehicles per hour the vehicular traffic volume on Francesco Avenue is approximately eight motor vehicles per hour approximately 1-2 pedestrian(s) per hour utilize this intersection The results obtained from sight investigations at the study intersection reveal that due to the presence of curves on Costabile Drive, the crossing sight distance is adequate. A review of the collision files reveals that there were no collisions reported at the study intersection since the development of the subdivision. The results obtained from a residential petition form reveal that only 27% of residents residing in the study area are in favor of an all-way stop control. The obtained value (27%) is significantly below the minimum criteria (80%) required to fulfill this section of the All-way Stop Warrant. Technical observations reveal that the intersection of CostabiIe Drive and Francesco Avenue is operating at an optimal level of service and conflicts between motorists and pedestrians were not noted. Furthermore, staffdid not observe motorists traveling in excess of the legal speed limit (50 km/hr). Based on the results obtained from all the technical studies and observations, staff has determined that the All-way Stop Warrant is not fulfilled at the intersection of Costabile Drive and Francesco Avenue. In fact, all of the obtained values are significantly below the minimum criteria required to fulfill a particular section of the warrant. Unwarranted ali-way stops have the following consequences: poor compliance and disrespect for traffic signs in general false sense of security at an intersection increase in noise, air pollution and fuel consumption at an intersection increase in operating speed at mid-block locations to make up for lost time Therefore, based on the above information, an all-way stop control is not recommended to be installed at the intersection of Costabile Drive and Francesco Avenue. However, since traffic control devices are not currently present at the study intersection, and the curves on Costabile Drive reduce the available crossing sight distance, a stop sign is recommended to be installed facing northbound motorists on Francesco Avenue. The proposed stop sign will adequately allocate the right-of-way thereby maximizing safety for vehicular and pedestrian traffic utilizing the study intersection. September 20, 2004 - 3 - MW-2004-135 The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. .~xf'- John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved by:. Ed Dujlovi~P.Eng. Director of Municipal Work Tim Burshtein S:\TRAFFIC\REPORTS\2004\Community ServicesXSeptember 20\MW-2004-135 Costabile Drive at Francesco Avenue - intersection control review, wpd Northcastle Drive __ / Proposed Stop Sign ~ NORTH Community Services Department MW-2004-136 T ..... ..~& · Municipal Works Ed Dujlovic t3e q.,iI'~ 0t' ~rl~. 4310 Queen Street Director Niagara Fails lJ~,~JL P.o. Box 1023 Canada ~~ Niagara Falls, ON L2E 6X5 ~T~ web sate: www.cJty.niagarafalls.on,ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on,ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Mc~nbers: Re: MW-2004-136 McLeod Road Drainage Project Fafard/Diamond Peat Moss Property RECOMMENDATION: For the information and direction of Council. BACKGROUND: At its meeting on November 25, 2002 City Council considered the information set out in report MW- 2002-155 which explained the issues surrounding recent flooding on private properties on the south side of McLeod Road. In particular, the property owned by Ms. Gert Boulette and Ms. Kathy Vormittag at 9906 McLeod Road has experienced flooding both before and after the recent expansion to the peat moss storage/trucking operation located immediately to the west. Staff was directed by Council to investigate possible solutions to the problem and take appropriate action. After a number of delays and attempts by Municipal Works staff at cost effective interim drainage solutions, the affected property owners have concluded that the only way to minimize potential risks of flooding on their properties is to construct a new cross culvert and bypass ditch along the west property line of the peat moss operation (see attached plan). This alternative would redirect the runoff around the site and discharge the flows into an existing pond situated do~vnstream at the south end of the peat moss property. In staff's ongoing discussions to assist the affected property owners staff has included provisions in this project to place the excavated material from the bypass ditch in the temporary swale and relief pond that is situated on the Boulette/Vormittag property. In addition some regrading of the roadside ditches will be required to redirect the flows to the new outlet. F/orking Together to Serve Our Community Municipal Works · Fire Services · Parka, Recreation & Culture · Business Development · Building & By-Law Services September 20, 2004 - 2 - MW-2004-136 The cost to complete this work is estimated at $15,000 and although this expenditure was not accommodated in this year's Capital Budget the expense can be funded from unspent funds available in the Rural Drainage Projects Account 12-3-310000-030000 R2. All necessary approvals from the affected property owners and the Niagara Peninsula Conservation Authority have now been received and subject to Council's approval, construction could be completed this Fall, weather permitting. Typically, it is not the City's policy to enter onto private lands to remedy drainage problems unless it has initiated a petition under Section 4 of the Drainage Act, R.S.O. 1990. More importantly, this localized drainage work may not completely resolve the flooding problems during major storm events. The downstream conveyance system has not been analyzed to any great extent and staff are concerned a localized approach may be passing the problem on to downstream property owners including road crossings on City roads. Staff are therefore recommending that the preferred solution be determined for the entire drainage area preferably under the authority of the Drainage Act. This approach would be consistent with that taken for the Union Marsh Drain and Tee Creek watersheds and allows the City to allocate the costs of the works to the benefitting property owners. Given the persistent wet weather conditions exper/enced over the past twelve months, not to mention the recent storm events, staff are now convinced that localized "quick fix" solutions will be ineffective in the long term. The Council's direction in this regard is appreciated. Prepared by~ /[ Respectfully submitted: n / C John MacDonald Manager of Development Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Attach: CSDocuments and Settings\Administrator\Local Settings\Temp\MW-2004-136 - McLeod Rd. Drainage Improvement Project. wpd 1he Cily of ~1~. Nk~gara Fall~ McLeod Road Drainage Outlet Improvements - _- Future Road Culvert ~ Future Ditch Outlet (Open Ditch) Community Services Department MW-2002-155 The City of Municipal Works Ed Dujlovic Nic~gara Fcllls 4310 Queen Street Director P.O. Box 1023 Canada Niagara Falls, ON L2.E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on .ca Alderman Victor Pielxangelo, Chairperson ~o.~i.edadopted in~n comm~th~ m~ andWere I ~d M~b~ of~e Co~ S~ces Co~ittee r~ ~y c~ co~.~, CiW of Nia~a F~ls, ~t~o M~m: Re: ~-2~2-155 - ~ McLeod Road Drainage Concerns REGOM~NDATION: T~t ~s ~ be r~eiv~ ~d fil~. gAgKrROU~D: ~ a res~t of~e r~t ~1 s~t to ~e Mayor ~d memb~s ofCo~cil ~om Ms. Bo~e~e ~d Ms. K. Vo~E~ reg~d~g ~nage conc~s at ~e[r prop~, the follo~ng r~o~ h~ be~ pr~ed for Co~'s ~fo~tion. ~ Nov~ 2~2, D~ L~ted made ~ app~cation for a severmce to ~e Co~ee-of- Adj~enm, to sev~ a prope~ adj~ent to 9906 Mc~ Ro~. As a result of ~e sevemce a~cafion Ms. Boule~e ~d Ms. Vo~i~g submi~ed a le~er outli~g eone~ ~t ~ey had r~ect to ~e sev~ce. ~e conchs w~e ~ regis to ~e wat~ ~v~g ~eir prope~ ~d ~e bl~g of~e na~ water way by ~e~ nei~bo~ to ~e west, Di~ond P~t Moss. (A~ched). As a ~lt of~e conc~ r~sed ~e ~plicadon w~ defe~ed p~ng ~e pro.neat proving a ~g md d~age pl~ to ~dre~ ~e conc~s raised. A plm wm sub~ ~ M~ch 2~1, w~ch w~ revi~ed by s~f ~d ~ ~mfion w~ ext~d~ to Ms. ~ene md Ms. Vo~i~ag to ~ew ~e pl~ prior to ~e maE~ m~g to ~e April 10, 2~ 1 Co~-o f-Adjus~t me.rig. ~e propos~ ~ng plms provid~ ~ outlet to the eoac~ r~sed. Accor~gly, ~e Co~-of-Adj~t approv~ ~e cons~t ~plication. ~e acm~ ~tc~g wor~ were just recently completed in July offs ye~. ~ reg~d ~ ~e conc~ reg~ing ~e road cross culve~ ~d ~e water berg directed to Ms. Boul~e ~d Ms. Vo~ag's prop~, staffh~ dete~ined by renewing ~e conto~ mapping for ~or~g Tog~her to Se~e Our Commun~ M~ici~l W~s *Fim Se~es · Pa~s, R~maOon & Cu~ · Business ~vel~ment * Buildi~ & By-Law S~ices November 25, 2002 - 2 - MW-2002-155 that property that it is the natural low point for the area. Accordingly, this culvert was installed, to allow water f~om the north side of McLeod Road to proceed in a southerly direction. Although staff does not have any records as to when this culvert was iintially installed it is staffs opinion that when the mad was constructed this cross culvert was put in place in order to provide proper drainage for the lands to the north. In September 2002, a site meeting was held with Ms. Boulette and Ms. Vormittag with City staff which included, Ed Dujlovic, Rick Volpini and Alderman Pietrangelo to discuss various options to deal with the continuing drainage concerns that the property owners were experiencing. One of the options suggested by the property owner was to regrade the ditch along McLeod Road to direct the water easterly to another drainage course that was traversing private property. It was determined that them wasn't significant grade to carry out this suggestion. Further discussion took place as to whether the City would enter onto private property to improve the drainage at which time it was indicated that this was done only through the Drainage Act. Based on the fact that proceeding through the Drainage Act the administration charges would be far more than the estimated $4,000 to complete the work a comment was made by staff to proceed with ditching work on the property to relieve the drainage concerns and provide a proper outlet for the road drainage and the lands to the north. Unfortunately, due to a number of issues which included timing and budget constraints the City was unable to carry out the works this Fall. Staff is committed to carry out this work as early as possible in the Spring of 2003 when conditions permit. Staffhas recently contacted the owners on this matter and they appear to be satisfied. Committee's concurrence with the above recommendation would be appreciated. Approved by: Respectfully subm/tted: Ed Dujlovic, P.Eng. Director of Municipal Works Chief Administrative Officer ARch. The City Of N~'~'~'~'~'~'~'~'~'~are Falls 4310 Queens St. Niagara Fails, Ont Committee of Adjustment Planning & Development Depatment B44/2(XX)/NF Applicent: Dannico Umited I would like to protect my concerns concerning ~e propc~ed severance of this property. I strongly Believe that we will have more problems with the water flow and our properties will become a huge lal~e. We already being flooded with water caused by the ROAD CULVERT which gathered the water from the sum3uncled farms in our area and rt~s tYrew our property. This ~ of water then feeds the Pond and the overtlow continues to the rear which at c~e time was pa~ of a natural waterway but DIAMOND PEAT MOSS brake the continuance by elevating the rear and the side pert of the property which adjuncts to ours. We have lost numerous evergreen trees because of this. The STORED PEAT MOSS is a highly combustible substance how can is we protect our landscaping and houses if there is a fire? We have no water sources other the~ the pond witch has a dnjing effect in the summer. We also have a slight problem with the diesel smells if this is allowed to be expended mote smell and noises from these trucks. Now what about the natural prese~/atiea of the a-ea 15 feat high PEAT MOSS to Ioak at. s~ay, G. R. B(x.,l~te K^. . / RECEIVED NOV 2 1 2000 PLANNING :,:_:., OEVELOPMENT -12- April 14. 2003 Council Minqt~ 2003-81 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2003-82 A by-law to authorize the execution of a Subdivision Agreement with 1006057 Ontario Limited respecting Graham Street Extension Subdivision. 2003-83 A by-law to authorize the execution of a Subdivision Agreement with Mark Dwight Dimond and Patricia Maralee Dimond respecting Creekside Court Subdivision. 2003-84 A by-law to authorize monies for General Purposes (April 14, 2003) 2003-85 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2003-86 A by-law to authorize the execution of an Offer to Purchase from Stamford Lions Club and an Agreement regarding Right of Repurchase respecting the lands being Parts 1 and 2 on Reference Plan 59R-11823. 2003-87 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14"~ day of April, 2003. Carded NEW BUSINESS ADoointment to Walker Bros. Committee ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Feren, that Alderman Paisley Janvary-Pool be appointed to the Walker Bros. Committee. Carried. Unanimously. Onaoina Fioodin9 Problems ~' Alderman Janice Wing referred to the ongoing flooding problems/concerns at 9906 McLeod Road and requested that the maffer be looked into. ORDERED on the motion of Alderman Janvary-Pool, seconded byAIderman Ioannoni, that the matter be referred to staff to bring back a report on the matter. Carried Unanimously· EaHy Bird Re;listration eavinoe _ _Alde_rman Norm Put'tick ref_e~red to.the AMa Conference and of the advaqtageous Community Services Department MW-2004-137 The City Of Municipal Works Ed Dujlovic 4310 Queen Street Director Niagara FallsI P.O. Box 1023 Canada ara 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 September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Omario Members: Re: MW-2004-137 - Proposed Development Agreement (Victor Elms) Reconstruction of Part of Leader Lane RECOMMENDATION: It is recommended that staff be authorized to enter into a development agreement for the reconstruction of a portion of Leader Lane to provide access to a new nine-unit apartment building proposed on the lands situated at the north limit of Stanton Avenue. BACKGROUND: At its meeting on August 16, 2004, City Council considered and approved the construction of a new nine unit apartment building proposed in application AM-29/2004 subject to the following condition that the applicant enter into all necessary agreements to obtain a right-of-way for driveway access within the unopened Leader Lane road allowance prior top the passing of the amending zoning bylaw. Municipal staff from ail relevant departments has reviewed the requirements for access to this site from Leader Lane and has included the following key components in the design; · construction ofa 6m wide paved roadway for a distance of approximately 45 metres. relocation of utility poles and guy wires. signage delineating private entrances, f'u'e route designations and parking restrictions. installation of a new fire hydrant (subject to adequate flow testing) near the entrance to the subject property. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 8, 2004 - 2 - MW-2004-137 Each of these elements are to be included in the design drawings and constructed in accordance with the City's Engineering Standards. The developer is responsible for 100% of the design and construction costs and will be required to submit a letter of credit in the amount of $ l 5,000.00 to guarantee the satisfactory completion of this work. The developer has expressed on interest in commencing the work this year and has agreed that no construction equipment will use Stanton Avenue unless no other reasonable alternative is immediately available. Attached is a plan showing the approximate location of the project for your reference. Prepared by: Respectfully submitted: _q~,~'"John MacDonald Manager of Development ~ - Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works Attach: S:~REPORTS\2004 Reports\MW-2004-137 - Proposed Development Agreement - Leader Lane.wpd Proposed Extension- Leader Lane Schedule 'C' to Development Agreement Community Services Department R-2004-56 T~ ~i~Y Oi ~1~1,~ Parka, Recreation&Culture Adele Kon Ni<D <]'r~J FCiiS---- ' 4310 Queen Street g ~J ~ P.O. Box 1023 Director Cr. JR~~ Niagara Falls, ON L2E 6X5 ~"~ web site: www.city, niagamfalls,on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E~mail: akon@city, niagarafalls.on.ca Septernber 20, 2004 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2004-$6 - Community Centre Operations and Services Committee RECOMMENDATION: That Council approve the establishment of an Operations and Services Committee to oversee and coordinate various operations and management functions at the new Niagara Falls Conununity CerltreCNFCC). * That Alderman P~_etrangelo be appo~_nted as cha±r of the Operat±ons and ServS. ces Commtttee and that the balance of the report be deferred.~, BACKGROUND: In 1999, City Council formed the Niagara Falls Corrkmunity Centre (N'FCC) Steering Committee to undertake the planning, development and implementation of the Community Centre. It currently is comprised of seven members representing the City (3), Niagara Falls Public Library Board (2), and YMCA of Niagara (2). (The "Participants") Alderman Pietrangelo has been the Steering Committee's Chairperson since its inception. The Terms of Reference for the Steering Committee, as approved by Council, established that the Steering Committee would function until the NFCC was designed and under construction. A Memorandum of Understanding (MOU) dated February 3, 2003 and agreed to by the City, Library and YMCA included the forming of an Operations and Services Committee. The Discussion Paper on the roles and responsibilities of the Operations and Services Committee was reviewed by the Participants and was approved by the Steering Committee on April 18, 2004. The Steering Committee also accepted an implementation schedule that included forming the Committee no later than the Fall of 2004. The Steering Committee has recommended to City Council that the Committee be established, and that City staff continue to provide support to the Committee. ~f orking Together to Serve Our Community Municipal Works · Fire Services · Parka, Recreation & Cutture · Business Development · Building & By-Law Services September 20, 2004 - 2 - R-2004-$6 Roles and Responsibilities of the Committee The MOU of February2003 included six Principles that represent the Participants' interest in jointly developing and managing the NFCC. Included in the MOU as Attachment "A" the Principles of Co- Operation are: 1. To support the autonomy of each participant and their mandate; 2. To support the identity of each organization; 3. To co-ordinate the development and operation of the centre as a team; 4. To share space and programming where possible; 5. To ensure an inclusive environment that provides a variety of ways to access the programs and services within the Centre; and 6. To establish a self-sustaining Centre. The establishment and conduct of the Operations and Services Committee will have regard to the above Principles and to ensure the rights, responsibilities and obligations of all Participants, tenants and users of the Community Centre. This will involve the Committee: 1. Representing City Council as the NFCC owner; 2. Representing the other Participants (YMCA and Library) who share accountability for the effective and efficient operation of the NFCC; 3. Ensuring that the Principles of Co-Operation continue to guide the management and ongoing developing of the NFCC; 4. Providing regular reports to City Council; 5. Ensuring that all members of the community have reasonable access to the NFCC; 6. Developing and managing annual budgets and longer term capital planning; 7. Developing longer term capital and program renewal plans and formulate cost sharing strategies in support of the Principle that the NFCC remains relevant to the community; 8. Establishing standards and responsibility for operating and maintaining the NFCC; 9. Addressing issues, problems and disputes that may arise; 10. Facilitating the use of the available facilities within the NFCC by the Participants and the community; 11. Acting as a liaison and communications link between the City, the Participants, NFCC tenants and the community; 12. Coordinating the selection and recommending approval of any other Participants or tenants as the need or opportunity arises. September 20, 2004 - 3 - R-2004-56 The mandate of the Committee is to work together and represent the best interests of the community in the operation and maintenance of the NFCC. Role of City Council The Committee would be a non-executive body responsible to City Council. Certain administrative operations and management functions specific to the City's role in the NFCC would be delegated to the Committee. City Council will be represented on the Committee. The Council representative would make reports to Council on a regular basis including those Community Centre matters that will require approval by Council such as: I. Roles, responsibilities and mandate of the Committee; 2. Annual budgets and capital programs; 3. Policies and procedures. Council would also decide on any issues or disputes that cannot be satisfactorily resolved by the Committee. Committee Representation The MOU provided that the Committee would have equal representation from the three Participants. The composition of the Committee would therefore include six members: 1. For the Committee's first term, the chairperson would be appointed by City Council and would be an elected representative. The Chair would then rotate annually between the three Participants as decided by the Committee. 2. One senior staff representative from the City. 3. Two representatives each from the Library and the YMCA. 4. Tenants as non-voting observers. Changes can be made to the membership of the Committee by mutual agreement of the Participants. Conclusion The establishment of the Operations and Services Committee will represent the end of the Steering Committee's mandate. Any unfinished business can be assumed by the new Committee. The establishment of the Committee according to the above schedule will coincide with the need to consider several matters: 1. Lease and operating agreements for the Participants and tenants. 2. The Year 2005 annual budget and five year program. September 20, 2004 - 4 - R-2004-56 3. Design decisions on matters such as external and internal signage, donor wall details and community centre finishes. 4. Preparation of a NFCC operating policies and procedures manual. It is expected that Committee Meetings will be held twice a year once the NFCC is operating. Recommended by: Y- Respectfully submitted: Director of Parks, Recreation & Culture Chief Administrative Officer AKJcd S:\Councit\Counci12004\R-2004-56 - Community Centre Operations and Services Board.wpd Community Services Department R-2004-57 j~& Parks, Recreation & Culture Adele Kan The C i~,,,' ~ad.s..~ 4310 Queen Street Director N~c~,g~a P.O. Box 1023 Can~~ Niagara Falls, ON L2E 6X5 ~-F web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon @city.niagarafalls.on.ca September 20, 2004 Alderman Selina Volpatti and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2004-57 - Tree By-law Affecting Municipal Lands RECOMMENDATION: That Council approve the Tree By-law dealing with trees on municipal property and that an educational program be launched to raise awareness of the by-law. BACKGROUND: Parks, Recreation & Culture has been working with the Legal Services in developing a Municipal Tree By-law that affects trees located along City boulevards and parkland. Historically, there have been situations where trees have been removed on municipal property without staff's knowledge, requests for removal by developers who have approved building permits and the planting of trees. The purpose of the tree by-law is to implement a process where individuals can be penalized for removing a City tree without a permit approval and requiring developers to cover the costs associated with tree removals along boulevards. A draft tree by-law was presented to the City's Park in the City Committee (formerly the Environmental Planning & Greening Committee) in June of 2003. There were certain revisions suggested, including the planting of two (2) trees where one (1) tree is removed, and where there is insufficient room for two (2) trees, that the cost ora tree be applied and placed into a tree reserve for future tree planting. The Committee approved the draft by-law with some minor revisions and recommended that it proceed to Council for approval. The by-law provides for a process when an individual requests a City tree to be removed or planted. An application must be completed and the City's Forestry Supervisor will make a recommendation. If the applicant is not satisfied with the staff decision, a review before The Park in the City Committee can be requested. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 20, 2004 - 2 - R-2004-57 In conclusion, the tree by-law regulating the removal and planting of trees on City property will assist Parks, Recreation & Culture staff in dealing with tree-related issues. Following Council's approval, staff will endeavor to promote and educate the public on the by-law. The tree by-law is found in the by-law section of the Council agenda. Pr~: /~- Respectfully! submitted: Bob Bolibmck ?: ( John MacDonald Manager of Community Development & Chief Administrative Officer Landscape Design Recommended by: Adele K6n Director of Parks, Recreation & Culture BB: S:\Council\Council 2004\R-2004-57 Tree By-law Affecting Municipal Lands.wpd Community Services Department R-2004-58 ,~e C % © ~k~ Parks, Recreation & Culture Adele Kon ~',, ' - ,, Ill. 4310 Queen Street Director ~ ~ ~J~ P.O. Box 1023 ~G~~~ Niagara Falls, ON L2E 6X5 ~~ web site: ~.ci~.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon~ci~.niagarafalls.on .ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2004-58 Status of the 2004 Beautification Projects RECOMMENDATION: That Committee receive and file the report. BACKGROUND: On July 12, 2004, the Committee received staff report R-2004-42 which outlined the various beautification projects and operation expenditures planned for the $250,000 approved in the 2004 budget. The purpose of this report is to provide the Committee with an update on the status of the various projects and outline the work that is anticipated in the fall. List of Projects 1. Thorold Stone Road and Portage Road - Five Corners $8,000 A raised flower bed was constructed at this comer with irrigation earlier this summer. D&R Landscaping donated the plantings for the flower bed. The north-east comer of this intersection is being enhanced with concrete planter boxes and will be planted with mums this fall. Further along Portage Road to the north is another area where concrete planters have been placed along the traffic island. The costs of the work meets the $8,000 budget. 2. Thorold Stone Road and Townline Road Gateway $16,000 A prominent sign and entry feature is planned for implementation in the fall. 3. Portage Road Chippawa Streetscape $10,000 This project involves the planting of trees and is planned for this fall. The improvements include a raised flower bed at Portage Road and Norton Street. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services - 2 - R-2004-58 4, Oak Hall Flower Bed $25,000 This project was initiated by The Park in the City Committee and was to be a major project this year. This site is located adjacent to the administration offices of the Niagara Parks Commission and they expressed concerns with the potential appearance of the flower bed and a portion of former roadway that still exists between the proposed flower bed and the Niagara Parks Commission property. There has been considerable discussions with the Parks Commission and they would like the former road removed. Our Engineering staff has estimated the cost to remove the road at approximately $38,000. The Parks Commission is willing to discuss the potential flower bed being planted and maintained by their staff. Staff will approach The Park in the City Committee and if they wish to pursue this project, discussions can take place over the coming months to work out a resolution. As a result of the delay with the Oak Hall Flower Bed, staff has moved forward on another project that was recognized in the 5 year beautification implementation schedule and this is the Gallinger/Drummond/Portage Road flower beds. 5. St. Paul Avenue Historical Sign and Flower Bed $4,000 A historical sign was donated by the Friends of Stamford Village. This sign was installed by City staff earlier this summer and a flower bed was constructed around the base of the sign. 6. Banner Program $22,000 The barmer program has been a great success with the City receiving many favourable comments on the program. The cost of the banners, hardware and installation and removal with winter storage for four years is $30,000. The monies collected to date through sponsorship of the banners is almost $26,000. The budget of $22,000 was to cover the initial cost of the barmer program with the hope of recovering a good portion of the cost. Due to the success of the program, it is expected that there will be full cost recovery. 7. Bulb Planting Program $9,250 The bulb planting program will be expanded and carried out this fall. The bulbs consisting of daffodils and tulips were planted in a number of locations last year including Centennial Square, Queen Street, Millennium Trail and Coronation Centre. 8. Annual Plants for New Flower Beds $750 This budgeted amount covers the cost of annuals for the additional flower beds. This amount was added to the City's Annual Flower Quote. 9. Drawing and Auto CAD Assistance $5,000 A new staff member was hired on contract to carry out the preparation of drawings for the beautification projects. This person has also been able to assist in carrying out inspections and assist in providing autocad assistance in other Parks, Recreation & Culture Projects. Operational Costs Related to Beautification 1. Maintenance $10,000 Last year the budget for the maintenance of flower beds was $43,000. The $10,000 was added to the maintenance budget. The money has allowed for more than 20 flower beds throughout the City to - 3 - R-2004-58 be maintained on a regular basis including turning up of soil, weeding, edging and trimming. 2. Irrigation Staff $40,000 This money has been used to hire an irrigation staff person who has been utilized to maintain existing irrigation systems. Additional irrigation systems that are part of any new flower beds will be transferred and part of this person's responsibilities. 3. Roving Crew $100,000 The additional Roving Crew was hired this past summer to maintain areas primarily in the non tourist areas. They were involved in additional grass cutting along highway overpasses, guard rail trimming and general garbage pick up. The crew was used to carry out litter pickup and clean sites where complaints had been received. In conclusion, the increased budget for beautification has made a significant impact on the City. The additional flower beds, improved maintenance and increased area of litter pickup has created a positive impact and message to the public and visitors to our City. BobPreparedBolibruckbY:~~ff'~~'f-~"" ~~s~e~~Respectfull submitted: Manager of Community Development & Director of Parks, Recreation & Landscape Design Culture Recommended by: cOhhn MacDonald ief Administrative Officer BB: &\Council\Council 2004h~2004-58 Status of 2004 Beautification Projects.wpd Community Services Department R-2004-30 Parks, Recreation & Culture Adele Ken 4310 Queen Director P.O. Box 1023 Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city, niagarafalls.on.ca September 20, 2004 Alderman Selena Volpatti, Chairperson and members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2004-60 - Patrick Cummings Memorial Sports Complex Completion of the Phase 1 Slo-Piteh Diamonds RECOMMENDATION: That approval in the additional amount of $100,000, be authorized in order to complete Phase 1 additional slo-pitch diamonds at the Patrick Cummings Memorial Sports Complex in the fall of 2004. BACKGROUND: Over the past two years, the City has completed the majority of the landscape construction associated with four of the eight slo-pitch diamonds within the Patrick Cummings Memorial Sports Complex. This Phase [ work included the easterly parking lot, the underground utilities, grading, seeding, sodding, automatic irrigation system, partial sports fencing, partial red clay infields, limestone pathways, planting and park entrance features. The City has just recently acquired approximately I 1 acres of park land to the south. This will allow the construction of two additional diamonds. This property has been graded and ready for the installation of the fencing, irrigation system, seeding and red clay infields. It is estimated that this additional work will cost approximately $100,000 to complete. As Members will recall, the purpose of developing a slo-pitch complex was to provide the needed facilities to support the Molson's Slo-Pitch Provincial and National Tournaments. These tournaments have been hosted annually in our City since 1984. They attract more than 30,000 participants and family members. The economic spinoffs are significant and estimated at approximately $14 Million per year. Therefore, the tournaments should be fully supported by the Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services September 20, 2004 - 2 - R-2004-60 City. Providing facilities for more than 1,000 teams has been a challenge. Currently, we use approximately l 2 diamonds outside of the City resulting in travel from Port Colborne to Niagara on the Lake. The logistics of traveling approximately forty-five (45) minutes one way between games has made scheduling difficult. The organizer for the Molson's Slo-Pitch Championships has received numerous complaints from teams about playing at facilities out of town which require up to two hours travel time to and from the Tournament Headquarters. He advised, that in order to both expand and to keep the tournaments in Niagara Falls, additional diamonds must be constructed. As previously mentioned, two (2) diamonds are now under construction and will be completed this fall. With Council's approval of additional funding another two (2) diamonds will be constructed. By so doing, we will be able to provide four (4) new diamonds for the 2005 tournaments. Staff will also budget for the remaining four (4) diamonds and other recreational amenities as part of the 2005-2009 capital construction budget process. Financing: This spring Council approved $649,976 as part of the Phase I development costs. Fifty percent of this cost was funded from Development Charges and the other half was debentured. The additional $100,000 required to complete the Phase I Slo-Pitch diamonds will be funded from development charges and capital reserves. Prepar~ f£ Respectfully submitted: Adele Kon Director of Parks, Recreation & Culture JD/cd attach S:\Coun¢il\Counci12004\R-2004-60 Patrick Cummings Memorial Sports Complex 2005 Capital Budget for Phase 2.wpd .RECREATION FACILITY LEGEND A Existing Arena B Proposed Ice Pad ' C Proposed Practice Ica Pad D Proposed Extedor Washroom Facilities/Storage E proposed Splash Pad F Proposed Playground G Proposed Picnic Area H Proposed Skate Park Facility I Proposed S~o-pitch Diamonds (350' Foul Lines) J Proposed 'Li{' SIo-pltch Diamonds (350' Foul Lines K Proposed Parking L Proposed Fenced Do~ Run & Parking M Proposed Washroom/Maintenance Building TRAFFIC CALMING LEGEND I Proposed Curb Extensions 2 Proposed Raised Crosswalk 3 Proposed Painted Crosswalb PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX MASTER PLAN Community Services Department R-2004-52 Th .... .,~a Parks, Recreation & Culture Adele Kon e UIB/O! ~'~'~l~ 4310 Queen Street Director Niagara Fails ~,~1~ P.O. Sox 1023 Canada ~' Niagara Falls. ON L2E 6X5 ~~ web site: www.city, niagarafa, ls.on .ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Fails, Ontario Members: Re: R-2004-52 - Armoury RECOMMENDATION: That an ad hoc cornmittee consisting of three (3) Members of City Council be established to review and recommend the future use of the Armoury building. * That an ad hoc committee consisting of Aldermen Kerrio, Wing and Diodati and the Niagara Fails Museum Board be established to review and recommend the future use of the Armoury BACKGROUND: Building. ~ At the August 16' meeting, Council directed staff to acquire the Armoury. Staff has contacted the Federal government to request an updated offer of purchase. Staffis recommending that an ad hoc committee be established to meet and receive proposals fi.om various groups who have expressed interest in using the Annouey. The ad hoc committee would be comprised of three (3) members of Council and two (2) staff.. Following the meeting(s) with the interested groups a report will be prepared for Council concerning the potential future use of the building. As Members of Council will recall, representatives of Heritage Niagara and the Military Museum appeared at the May 31, 2004, Council meeting, and submitted correspondence indicating that the cost for renovations/restoration was estimated at only $57,000. The estimates provided by the community organizations were, of course, significantly lower than the cost estimates of $1,016,500 prepared by TROW Consulting Engineers Ltd. (TROW). Following the presentations, Council directed that staff host a meeting with the representatives of the community organizations in order to reconcile the obvious discrepancy in the cost estimates. ~Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Cuiture * Busines~ Development · Building & By-Law Services September 20, 2004 - 2 - R-2004-52 The meeting took place on June 24, 2004, with representatives of the community organizations, and TROW. After lengthy discussions, it was obvious that a number of items were not included in the estimates which the community organizations had prepared. The majority of those in attendance agreed that the TROW report was a well prepared document. At the conclusion of the meeting, staff informed those in attendance that the TROW report would again be reviewed in order to determine what needed to be done immediately so that the doors could be opened to the public and what items could be phased in at a later date. The cost implications would also be reviewed. Using the TROW report as a guide, staff is recommending that the following list of repairs be undertaken so that the building can be used by public Renovation/Restoration: Building Assessment - Roofin~ The Building Condition Survey report completed by TROW noted that the Armoury's management company had indicated that the roof was last replaced in the 70's. This would date the roof to be 25 to 30 years old. During our meeting of June 24, 2004, it was mentioned that the roof was only 15 years old. With the discrepancy of the age of the roof, staff contacted Kaven Noble Real Property, Officer for the Department of National Defence (DND). Mr. Noble advised that the roof was last replaced in 1987 at a cost of $45,000. Subsequently, with the authorization and approval fi.om Captain R. G. Counsell, Construction Engineering Officer for DND, staff authorized TROW to complete a Roof Condition Assessment. T he Roof Condition Assessment provided a detailed condition of the roof with Cut-test of the existing roof. The Roof Condition Assessment report noted that the Existing EPDM roof membrane was installed over the old 4-ply roofing membrane and the report concluded that the roof assembly should be removed and replaced. Cost to replace the roof is estimated to be $100,000 Exterior Condition An exterior assessment of the Amoury was conducted in 2002 for Public Works Canada by Mr. Keith Blades. Mr. Blades is a consultant for The Conservation of Historic Buildings Incorporated. He has extensive experience with Historic Buildings both in Canada and abroad. The Condition Assessment Report prepared by Mr. Blades concluded that the cost to complete exterior repairs and rehabilitations, including scaffolding, paint removal, masonry repairs, window repairs and professional fees to be $643,900. TROW Consultants' report concluded that in lieu of a major restoration that localized repairs to masonry walls could be completed at a cost of $75,000. The repainting of the exterior is estimated to cost $15,000.00. Cost to repair Exterior Masonry is estimated to be $90,000 September 20, 2004 - 3 - R-2004-52 Window Conditions Typically, the window frames are in poor condition with numerous windows having rotten sills. The heritage designation o f t he building prevents t he removal a nd t he replaccment o f t he e xisting windows' system. Thc existing windows, totalling 118 units will have to be repaired and rehabilitated. Mr. Blades notes that it is estimated to cost $30,000 to repair and rehabilitate the windows, and $5,000 lift rental. Cost to repair and rehabilitate existing windows $35,000 Life Safety On August 4, 2004, Mr. John Castfilli, Chief Building Official for the City ef Niagara Falls conducted an inspection of the Armoury. The inspection did confirm a number of items that will have to be addressed in order to permit a change in use of the Amaoury. However, because the Armoury is a designated historical building and the final use of the building is not yet determined, we cannot provide an accurate cost estimate of work that may be required to upgrade the Armoury to meet the building code at this time. Barrier-Free AccessibiliW The building is not presently barrier-flee accessible and does not provide a barrier free washroom. Both the front and back entrances have grade separation (three steps) at the doors. Once inside the building, there is a grade separation of three steps up to the first floor of the Armoury. To make the building barrier free, an exterior ramp would have to be constructed and an interior chair lift would be required to allow access to the main floor. However, because the Armoury is a designated h/storical building and the end use of the building has not been established, the building code requirements cannot be determined. Asbestos Containing Material (ACM) As reported in the July 18, 2001, Phase 1 Property Transfer Assessment Report prepared by Franz Environmental Report asbestos-containing material (ACM) had been identified to be contained in the one centimetre thick layer of plaster throughout the Armoury. The Franz Environmental Report recommenced the following: "While the building is vacant, consideration should be given to conducting an asbestos removal program, which, because of the friable asbestos-containing materials behind the ra~f~ators, would be a Type 3 operation. The cost to conduct an asbestos removal program of the friable material, the piaster and the floor tiles, estimated to require six weeks for on site work is on the order of $240,000 including consulting and analytical cost." September 20, 2004 - 4 - R-2004-52 Staff is of the opinion that the above recommendation in the Franz Environmental report should be carried out. Cost to remove ACM $ 240,000 Interior Finishes We would assume that some upgrading of the interior finishes would be required. The cost of the interior finishes would depend on the end user and the City would therefore assume that the interior finish cost would be borne by the end user or tenant. If the ACM plaster was to be removed then the interior finishes cost would also be affected. Staff has estimated based on consultants reports that the minimum cost to upgrade the Armoury would be $465,000 this includes the ACM removal, window rehabilitation, exterior brick rehabilitation, painting and roof replacement. This is the minimum cost to update the building without consideration of interior finishes, life safety, barrier-flee accessibility, site work and consultants cost. These items will have to be addressed once the end use of the Armoury has been determined. Legal Implications: The City's existing General Liability insurance policy specifically excludes environmental liability claims for bodily injury. The City's Environmental Liability policy will only respond when the claim for damages is first made against the insured during the policy period and the insured had no knowledge of such impairment at the inception date of the policy. Because the City has knowledge of the contaminants in the Armoury, the Environmental Liability policy will not respond to any claims unless the City first cleans up and removes ali known contaminants. However, asbestos and fungi or fungal derivative-type claims are specifically excluded from the Environmental Liability policy. Therefore, the City would have no insurance coverage should there be a claim made against it for injury relating to asbestos. Likewise, should the Council entertain proposals for the establishment of a permanent drinking venue (a Legion Branch), then additional insurance will be required to be purchased to protect the City against alcohol-related claims. The City does not own or operate any other facility where there is a permanent liquor licence. Conclusion: This report has provided cost estimates to restore/renovate the Armoury. As previously mentioned, estimates cannot be provided for life safety, barrier-free accessibility, or interior finishes until the end use of the building is determined. There will also be additional costs for tenant readiness and the ongoing operating costs that the City will incur. Staff is recommending that the ad hoc committee September 20, 2004 - $ - R-2004-52 host a public meeting so that a number of groups who have expressed an interest in using the Armoury have an opportunity to present their proposals. Prepared by: Recommended & Approved by: _~--- Adele Kon Tony Ravenda · Director of Parks, Recreation & Culture Executive Director of Corporate Services m ~)///~, ~ Respectfully submitted: Ra ~X?-- John MacDonald CiV, Solicitor -"[ ~ Chief Administrative Officer and '~J~j~astfilli ,.__C~b~ f Building Official and Tom Mussari Assistant Operations Superintendent AK/RK/JC/TM/cd Corporate Services Nk3oarc Inter-Departmental Memorandum To: Mayor Ted Salci and Members of Council Date: September 17, 2004 From: Tony Ravenda Executive Director of Corporate Services Ext. 4318 Subject: MW-2004-149 Staff have finalized the attached report on Friday, September 17~, 2004 at 4:00 p.m. This report was prepared to help Council understand the nature and scope of the flooding problem in the Lexington Court area. Staffis still meeting on Monday morning to address all related matters which have been aised and not yet answered with respect to the flooding problem. It is our intention to bring this additional information forward on Monday evening. This report will be addressed at 4:00 p.m. in the Community Services Committee meeting. c: John Macdonald Chief Administrative Officer E. Dujlovic Director of Municipal Works Att. Community Services Department MW-2004-149 The City of ~'A~ Municipal Wo~a Ed DuJlovlc 4310 Ouee~ Street Niagara Falls Il .~,~. ....... Directs' ~ T'~ web site; www.city.niagerafalls.on.os Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih edujlovi~city.niagarafalls.on.ca September 20, 2004 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2004-149. Flooding event of SeDtember 9, 2004 RECOMMENDATION: It is recommended ~at this repor~ be received and filed. *that the Director of Municipal Works report back as soon as possible with Regional information and a BACKGROUND: recommended strategy.* On September 8th and 9m of rids year the City of Niagara Falls experienced a severe rainfall event caused by the remnants of Hurricane Frances, The rainfall recorded at four monitoring points within the City limits is shown in the table below. Kalar Road ~ Thorold Stone 72.5 mm (~ 2.9 Inches) Chippewa Water Treatment Plant 62.5 mm (~ 2.5 Inches) Stanley Avenue Pollution Confa'ot Plant 88.0 mm (-3.5 Inches) City Hail 84.0 mm (~3.$ Inches) * local rainfall amounts may have been higher Thc storm in question began at 8:15 p.m on the 8~h and ended on thc 9~h at 1:15 p.m.. Approximately 60 to 65 % of the recorded rainfall total fell in a 3 hour period between 3:00 a.m. and 6:00 a.m. on the morning of the 9% This intense rainfall period coincides with the time that most residents reported seeing their basements begin to flood. Attached Figure 1.0 shows the relative rainfall l+'or~ng Together to Serve Our Community Muni~lpel Wor/($ . Fire Sere~cea · Parks, Recreation & Culture o Bus/ness Dsvelopraent · BuiMing 8. By-Law Servk:e$ September 20, 2004 - 2 - MW-2004-149 amounts over the duration of the storm. The storm is between a 1 in 50 and one in 100 year in terms of severity. In terms of volume, this event is one of the largest recorded in ten plus years of rainfall monitoring. Approximately one hundred and fifty phone calls were received that day for assistance for either street or basement flooding. Of the calls received staffhave been able to confirm that approximately 60% of these calls, 90, were for basement flooding. The bulk of sewer backup related flooding occurred in separated areas, that is, areas with storm sewers but with residential weeping tile connections to the sanitary sewer. Welland by comparison recorded approximately 250 basement floods with a rainfall approximately 10% higher than that recorded in Niagara Falls. Port Colbome and Fort Erie also recorded near record rainfalls and flooding complaints. The approximate locations of the residential flooding in Niagara Falls are shown in attached figure 2.0.. Please note that some of the locations shown may have had flooding as a result of faulty or non ex~stent weeping tile, improper grading, defective down spouts and or construction defects.. The Regional Municipality of Niagara notified City Staffat approximately 6:00 a.m. on the 9~ that pumping stations at several locations were experiencing high levels due to the inclement weather. City staffsubsequently dispatched two pumps to the Chippawa area to relieve the surcharged sewers in the Cattel Drive, Sarah and Front Street areas. No significant numbers of basement flooding were reported in either the downtown combined sewer or Chippawa areas. No official early warning policy or written staffprocedure was in place prior to this event. This deficiency has since been addressed. The bulk of the basement flooding appeared to occur in areas tributary to the Kalar Road Pump Station. The Kalar Road Pump Station and forcemain were upgraded in 1998 which effectively increased the pump capacity from 220 to approximately 500 l/s. Staff through research have discovered that the areas flooded during this event were also flooded in the early 90% prior to the pump upgrade. In June of 2002 the Regional Municipality of Niagara decommissioned the Taro North Pump Station at Harte Circle and flows previously pumped to Dorchester Road were redirected to the Kalar Road Pump Station drainage area. This amount redirected is limited to approximately 100 l/s at the discharge point on the West side of the QEW. Significant modeling and field testing was conducted by Regional staffprior to the redirection being made. This analysis was performed at the request of City Engineering Staff as they had observed chronic flooding in the Taro North area approximately eight years prior. City staffalso requested that the Taro North Station remain operative for a period of time to provide relief to the area upstream in the event of severe wet weather. It appears that there is ample capacity at the Kalar Road Pump Station for both dry and wet weather flow. for !he Kalar Road drainage area and for the addition of the Taro North drainage area. Previous engineering reports indicate that the main sources of inflow and infiltration in this area are residential weeping tiles that are connected to the sanitary sewer system. The City of Niagara Falls does not September 20, 2004 - 3 - MW-2004-149 currently legislate the removal of these private property sources. Most if not all homeowners are adverse to the redirection of their weeping tiles unless they are directly impacted by basement flooding. Engineering Staff have for the past week been collecting and researching various pieces of information in order to both analyze the event at hand and to prevent further occurrences in the Kalar Road area. Our efforts to date include the following 1) Reinstatement of the Residential Flood Relief Program for those with two documented sewer related flooding occurrences in the past five years. The program involves the installation of a backwater valve and sump pump in eligible homes. The program provides relief to the local sanitary sewer by redirecting weeping tile water from the sanitary to the storm sewer while affording residents protection against further flooding. The average cost inclusive of equipment per residence is in the area of $ 2,200. There Is no 2004 budget allocation for this program. The projected cost to retrofit the homes affected by this storm is approximately $ 250,000. Approximately five homes will have been retrofitted under the program as of Friday September 17t~. 2) T.V. inspection of all sewers downstream of affected areas to determine if there are any capacity restrictions within the system. This inspection includes all points between flooded residences and the Kalar Road Pump Stations. The 2004 Municipal Works Operations Budget does have a provision for spot and emergency repair of sanitary and combined sewers should any significant defects be encountered. 3) Approximately forty to fifty homeowners will have been personally contacted by Engineering Staff by Friday September 17~. This consultation includes a full explanation of our efforts to date and a description of the program being offered. The remainder will be completed as time permits. 4) CityEngineeringand Operations staffinconsultationwithWastewater Division staff at the Regional Municipality of Niagara have formulated a draft emergency management plan for relief pumping of the areas with a potential to flood. The Ministry of the Environment has been notified of this plan in detail. Current M.O.E. legislation allows for the relief pumping of sanitary sewers to storm sewer or ditches provided that several conditions are met. The emergency relief pumping plan will be formalized in booklet form for distribution to regular and after hours supervisory staff. The above plan will employ the alarm system at Regional sewage pump stations to give preemptive warning of potential surcharging within the City of Niagara Falls sewer system. City staff will then be dispatched to monitor local sewer levels for the duration of the storm. A total of four pump sites are currently being considered. September 20, 2004 - 4 - MW-2004-149 5) A comprehensive inspection of possible sources of inflow and infiltration in the Kalar Road area will be conducted by Engineering Staff. This inspection will not occur for somc time due to limited staffresources given the several customer service issues currently being dealt with. Possible sources of large mounts of inflow to the system, other than weeping tiles, based on our observations this wcck include but are not limited to: sanitary manholes located in ditches, open basements of houses under construction, cress connections and plugged or inoperative culverts or ditching. 6) City Staff have conducted a cursory review of pump station data provided by Regional Operations Staff. This initial review indicates that the Kalar Road Pump Station was pumping at it maximum capacity during the hours of 5:00 a.m. and 5:00 p.m. on the 9~h. Further analysis will be conducted on these Regional data sets. City staff will also continuously liaise with Regional Staffto share information about the event and possible solutions to the problems encountered.. Engineering Staff have budgeted approximately $150,000 for a comprehensive pollution control plan in 2005 which should further address this issue and the city sewer system as a whole. The last City wide pollution control plan was conducted in 1996 and conventional practice dictates that a plan should be formulated every five years. The Regional Municipality of Niagara has indicate that they will cost share on an equal basis for this project. A more comprehensive report to council will follow in the near future with the results of the investigations conducted and the presentation of a preferred remedial action plan Council's concurrence with the recommendation is requested. Prepared by: Respectfully submitted: David Watt _~ ,/---John MacDonald Manager of Infrastructure --10~' Chief Administrative Officer Approved by: /~Ed Dujlovic, P.Eng. Director of Municipal Works September 20, 2004 - 5 - MW-2004-149 Figure 1.0 BASEMENT FLOODS SEPTEMBER g, 2004 Figure 1.0 Stanley A~enue Rainfall Station 2.5 1- Ia Rainfall (mm) 0.5- 1645 2225 30 135 235 335 435 535 635 735 845 1055 Time (24:00)