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2005/07/25 B 1 ) Approval of the 2005-06-27 Community Services Minutes. 2) REPORTS: STAFF CONTACT: a) MW-2005-102 Embassy Suites Parking Needs Ed Dujlovic b) MW-2005-91 Woodbine Street between Kalar Road and Montrose Road Speed Review Ed Dujlovic c) MW-2005-93 Beaverdams Road near Cardinal Newman Catholic School Parking Review Ed Dujlovic d) MW-2005-95 Garner Road at Brown Road Intersection Control Review Ed Dujlowc e) MW-2005-96 Huron Street at Ontario Avenue Intersection Control Review Ed Dujlovm f) MW-2005-66 Storm Drainage Issues - Orchard Grove Extension 5715 Magnolia Drive (Mr. & Mrs. Gerald Turner) Ed Dujlowc g) Verbal Update Kalar Road Indoor Soccer Facility John MacDonald 3) NEW BUSINESS: 4) ADJOURNMENT: MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, June 27, 2005, City Hall, Room 2 at 5:30 p.m. PRESENT: Chair - Alderman Volpatti, Alderman Jim Diodati, Alderman Joyce Morocco, Alderman Vince Kerrio, Alderman Wayne Campbell, Alderman Janice Wing. Alderman Ioannoni, Alderman Victor Pietrangelo. REGRETS: Mayor Ted Salci, Ed Dujlovic,Tony Ravenda STAFF: John MacDonald, Pat Burke, Adele Kon, Ken Burden, Dean Iorfida, Darrell Smith, Karl Dren, Nathan Hyde, Holly Monchalin - Stent PRESS: Corey Larocque, Niagara Falls Review GUESTS: Wayne Thomson - Embassy Suites, Laura Sentineal - Sentineal Caniages, Jim Hess & Rob Lefebvre - Micron MINUTES It was ORDERED on the motion of Alderman Wing and seconded by Alderman Ioarmoni, that the minutes of the June 13, 2005 meeting be approved as amended. Alderman Pietrangelo made the motion to receive and file the People Mover Project presentation not Alderman Wing. Motion: Carried Action: Recommendation submitted to Council 2005-06-27. REPORTS a) MW-2005-85 - Forest Glen Drive at Glenoaks Avenue Intersection Control Review It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Morocco that; 1) the existing intersection control at the intersection of Forest Glen Drive at Glenoaks Avenue be maintained; 2) a stop line be applied at the existing stop sign facing northbound motorists on Glenoaks Avenue at the intersection of Forest Glen Drive and Glenoaks Avenue; and, 3) a crosswalk be applied across the south approach at the intersection of Forest Glen Drive and Glenoaks Avenue. -1 -2- Motion: Carried Conflict: Ald. Victor Pietrangelo - Employed by the Catholic School Board Action: Recommendation submitted to Council 2005-06-27 b) MW-2005-86 - Cardinal Drive at Oakridge Drive Traffic Operations Review It was ORDERED on the motion of Alderman Wing and seconded by Alderman Campbell that; 1) the existing yield sign facing eastbound motorists on Oakridge Drive at the intersection of Cardinal Drive and Oakridge Drive be replaced by a stop sign; 2) a stop line be applied at the proposed stop sign facing eastbound motorists on Oakridge Drive at the intersection of Cardinal Drive and Oakridge Drive; and, 3) a crosswalk be applied across the west approach at the intersection of Cardinal Drive and Oakridge Drive. Motion: Carried Conflict: Ald. Victor Pietrangelo - Employed by the Catholic School Board Action: Recommendation submitted to Council 2005-06-27. c) MW-2005-87 - Micron Signage Alderman Pietrangelo questioned what was City staff's position on assisting businesses with directional signage. Manager of Engineering Services indicated that the Way Finding sign on the floor tonight is over and above the directory signage and therefore staff is recommending not to approve. Alderman Pietrangelo questioned if the City was worried that to many signs would be placed in an industrial subdivision. City Clerk advised that the directory sign lists all the businesses in the park. Niagara Clock which is a retail business was granted the way finding sign to assist with their business. Once Niagara Clock relocated Micron purchased the sign fi.om Niagara Clock, this in itself is not a legal purchase as the sign belongs to the City of Niagara Falls. The Stanley Avenue Business Park Association believes that not one business should have advantage over another when it comes to signage. · Mr. Jim Hess of Micron advised Committee that all he is requesting is that when someone is driving down Stanley Avenue and sees the Micron sign they will know they are headed in the right direction. Mr. Hess noted that he followed Committees direction and requested a sign permit which was denied as you cannot apply to affix a sign to an existing City sign. Mr. Hess was then directed to seek approval through the Stanley Avenue Business Park Association (SABPA) to a fix his sign. The SABPA put the decision to a ballot vote and he was defeated. Mr. Hess immediately questioned the -3- faimess of the vote as he personally went to 15 businesses and they indicated they would vote in favour of the sign. Mr. Hess took further steps and requested these businesses sign a document indicating, they had voted for the sign (this sheet was passed to Committee members). At the last SABPA meeting Mr. Hess requested an inquiry, the SABPA not having the means to conduct such an inquiry pulled the motion from the floor. Alderman Morocco advised that the directory sign needs to be redesigned as you can not see the businesses listed from your car, perhaps this would solve Mr. Hess's problem. Following further discussion the following motions were made; It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Pietrangelo that Staff work with the Stanley Avenue Business Park Association to look at ways to improve the Stanley Avenue Business Park Association sign. Motion: Carried Conflict: Ald. Vince Kerdo -Ald. Kerrio owns property in the Stanley Avenue Business Park Action: Recommendation submitted to Council 2005-06-27. It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Pietrangelo that Micron be allowed to have their sign put up in the interim while Staff and the Stanley Avenue Business Park Association review signage in the business park. Motion: Carded Opposed: Ald. Janice Wing &Ald. Joyce Morocco Action: Recommendation submitted to Council 2005-06-27. d) MW-2005-89 - Request from Sentineal Carriages Horse & Buggy Service - Portage Road It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Pietrangelo that; 1) the trial operation, request by Sentineal Carriages Inc. and the Embassy Suites Hotel, for horse-drawn carriages on Portage Road, not be approved; and, 2) representatives of the Embassy Suites Hotel, Sentineal Carriages and Staff meet to review other safe and viable alternatives for the trial operation of a horse-drawn carriage service in the area. In addition to the recommendations outlined in Report MW-2005-89, it is recommended that the alternative routing and conditions for the horse-drawn carriage, utilizing Fallsview -4- Boulevard, Murray Street, Stanley Avenue and Main Street, as outline in the addendum dated June 27, 2005, be approved. Further to the abovementioned report, Staff has met with representatives from Sentineal Carriages and thc Embassy Suites Hotel, to discuss other viable alternatives to the Portage Road route. In addition, discussions with the Fallsview BIA indicate that they are supportive of a horse-drawn carriage service in thc Fallsview area. Therefore, it is recommended that thc following conditions be included: 1) the service originate from Embassy Suites, travel north on Fallsview Boulevard to Murray Street, turn left on Murray Street, travel west on Murray Street to Stanley Avenue, turn left on Stanley Avenue, travel south on Stanley Avenue to Dixon Street, turn left at Dixon Street/Main Street and travel east on Main Street back to the Hotel; 2) the Region of Niagara consider approval of the horse-drawn carriage service on the portion of the route utilizing Stanley Avenue, as outlined above; 3) as an alternative route, depending on traffic flows and congestion, the service originate 15om the Embassy Suites Hotel, travel south on Fallsview Boulevard to its south limit just south of Livingstone Street, turnaround and return to the Hotel; 4) this service operate for a trial period of thirty (30) days, following this, should there be no complaints or safety issues, this trial period be extended for an additional ninety (90) days, following 120 days of operation, staff report on the operation; 5) the hours and days of operation will be 11:00 a.m.. to 4:00 p.m., Monday to Friday, excluding holidays; and 6) the City reserves the fight to rescind this approval, in writing, at anytime. e) MW-2005-92 - Dorchester Road Environmental Assessment and Design It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Morocco that report MW-2005-92 - Domhester Road Environmental Assessment and Design be referred to open Council. Motion: Carded Action: Recommendation submitted to Council 2005-06-27. NEW BUSINESS · Alderman Morocco advised that a concerned resident advised her of numerous accidents that have occurred at the corner of Beechwood Road and Beaverdams Road. The Manager of Traffic and Parking informed Committee that he is in receipt of a letter fi.om this resident and a Traffic Study will be performed with a report coming to Committee. Alderman Volpatti advised that residents with homes backing onto McLeod Road near St. Michaels High School are worded that their children are endanger due to high levels of truck traffic and speeding on McLeod Road. Manager of Engineering Services will look into the matter and contact the residents. ADJOURNMENT It was ORDERED on the motion of Alderman Morocco seconded by Alderman Pietrangelo that the regular meeting of the Community Services Committee be adjourned and move to an 1N- CAMERA session. Community Services Department MW-2005-102 The City of ~"[~I./ Municipal Works Ed Dujlovic · .J,~.~.., 4310 Queen Street Director N~agara Falls L. anaaa~,~.~ Niagara Falls, ON L2E 6X5 ~ web site' www city niagarafalls on ca ~ l~ TeL: ' (905;35(~-7521 ' ' Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on .ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-102 - Embassy Suites Parking Needs RECOMMENDATION: It is recommended that a staging area be provided to Embassy Suites on the City road allowance and that the City enter into a licencing agreement. BACKGROUND: City staff has received a request from the Embassy Suites Hotel in order to create a staging area for the Casino shuttles and tour buses that service the hotel. The current configuration of the Embassy Suites front entrance way does not allow for the staging of the Casino shuttles and tour buses and hence they are using the road. This has resulted in disruption to the traffic flow and potentially causing some safety concerns. Following site meetings, it was proposed that the sidewalk on Portage Road in front of the hotel be narrowed and realigned so that it is closer to the road. This realignment would allow for a staging area in the boulevard area. The cost for the realignment would be bom by the Embassy Suites and there would be a yearly charge for the use of the spot of approximately $5,800.00. Committee's concurrence with the above recommendation would be appreciated. Prepared by: Respectfully submitted: Ed Dujlovlc, P.Eng. Director of Municipal Works ,,/',/Chief Administrative Officer I~Zorking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department MW-2005-91 Municipal Works Ed Dujlovic the City of ~¢'~,~ 4310 Queen Street Director CN~ F°llslJ~,.NPiaO~aBra°XFla~ON L2E 6X5 [~~ web site: www.city.niagarafalls,on.ca ~ ] -- Tel' (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@city.niagarafalls.on.ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-91 - Woodbine Street between Kalar Road and Montrose Road Speed Review RECOMMENDATIONS: It is recommended that Woodbine Street be included in the 2006 Traffic Calming Program to proceed with an Environmental Assessment for potential traffic calming devices between Kalar Road and Montrose Road. BACKGROUND: Staff has been requested to investigate Woodbine Street between Kalar Road and Montrose Road to determine whether motorists traveling on Woodbine Street are traveling at speeds in excess of the legal speed limit. Police enforcement of the roadway has also been requested previously. The study section of Woodbine Street extends in the east/west directions between Kalar Road and Montrose Road. Woodbine Street is a collector roadway and is residential in nature. Woodbine Street consists of one sidewalk only, which is located on the south side of the roadway. The width of Woodbine Street is 8 metres throughout its length between Kalar Road and Montrose Road. The alignment of the roadway is straight and the vertical aligmnent is level, hence there are no visibility obstructions on the roadway. The legal speed limit of the roadway is 50 km/hr. In addition, staffobserved an all-way stop control to be present at the intersection of Woodbine Street and Paddock Trail Drive which allocates the right-of-way to motorists utilizing this intersection. In order to determine whether there is a speeding problem on this section of roadway staff has conducted a speed study using an Automatic Traffic Recorder (ATR) which was installed on Woodbine Street between Belfast Avenue and Baldwin Avenue, midway between Kalar Road WorMng Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services July 25, 2005 -3- MW-2005-91 and Montrose Road. Through the ATR staff recorded the total number of vehicles traveling this portion of roadway, as well as the speed of each vehicle. The ATR study was conducted for a period of three days commencing Tuesday, June 7, 2005 until Friday, June 10, 2005. The data collected from the study reveals that a total of 6,554 vehicles was recorded to travel on Woodbine Street. Of these 6,554 vehicles, 3,487 were counted traveling in the eastbound direction, and 3,067 were counted traveling in the westbound direction. The data collected also reveals that the 85th percentile speed, or the speed which the majority of motorists travel at or below, is slightly over 59 km/hr. A review of collision files for the previous three-year period reveals that a collision problem on the study section of Woodbine Street does not exist. Several collisions have been reported throughout the study section of Woodbine Street. One collision per mid-block occurred on Woodbine Street between Kalar Road and Montrose Road, with the exception of Woodbine Street between Baldwin Avenue and Belfast Avenue where no collisions have occurred. Following analysis of the reported collisions, none of the collisions can be attributed to speeding motorists. Typically a speeding problem is evident when the majority of motorists travel at speeds 10 km/h over the legal speed limit. As the 85th percentile speed of traveling motorists is slightly over 59 km/h, a speeding problem on Woodbine Street is evident. Motorist speeds may be attributed to several factors which include: 1. convenience of utilizing Woodbine Street as a cut-through route to quickly traverse between arterial roadways, which is evident based on number of vehicles counted during the three-day study; 2. the lack of vehicles parking on-street, as parking typically aids in reducing speeds on roadways; 3. lack of curves or hills in the roadway providing motorists with greater stopping sight distance, and; 4. excellent lateral clearance is available due to wide boulevards Based on the results obtained it is recommended that staff proceed with an environmental assessment for traffic calming devices on Woodbine Street in 2006. Traffic calming measures potentially reduce the speed of vehicles traveling through the area through the installation of physical devices. In the meantime, information regarding the speed of vehicles will be forwarded to the Niagara Regional Police for their evaluation, and to request enforcement. }Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services July 25, 2005 -3- MW-2005-91 The Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. [{[ohn MacDonald Manager of Traffic & Parking Services iChief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Bail SkibaV:\2005COUNCILXO50725\MW-2005-91 Woodbine St-Speeding Concem.',~qpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services LEXINGTON X 0© , CT. x U x PADDOCK 'FRAIL DR. TARA ~E. ~ NJ BELFAST AVE. ~ ~', BALDWIN AVE.1 / Sw ~NDO~Tn ~R. MONTROSE RD. Community Services Department MW-2005-93 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@city.niagarafalls.on.ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-93 Beaverdams Road Near Cardinal Newman Catholic School Parking Review RECOMMENDATIONS: That no stopping signs be installed on Beaverdams Road between the railway tracks and a point 50 metres west of Watson Street. It is recommended that no stopping signs from Monday to Friday between the hours of 8:00am and 4:30pm be installed on the south side of Beaverdams Road between the Railway Tracks and a point 50 metres west of Watson Street. BACKGROUND: Staff has been requested to review the parking situation on Beaverdams Road adjacent to Cardinal Newman Catholic School. The concern at this location stems from vehicles stopping on Beaverdams Road, and as a result obstructing visibility to motorists vacating the property of the school via Cardinal Newman Way. Visibility of children crossing the roadway at the crosswalk located near the entrance to the school is also impeded by stopped vehicles. Beaverdams Road is a collector roadway extending in the east/west directions. The roadway is 6 metres in width with an additional 1.8 metres of bicycle lane on each side of the roadway. There is also a sidewalk located on the north side of the roadway only. Currently, there are no stopping or parking restrictions in the study area of Beaverdams Road. Traffic calming is currently in effect on Beaverdams Road between Kalar Road and Lundy's Lane. Curb bumpouts and speed humps are implemented to discourage motorists from speeding on Beaverdams Road. The legal speed limit on the study section of Beaverdams Road is 50 km/hr. Staff has conducted observations to determine whether there is a problem caused by vehicles stopping on Beaverdams Road. During these observations vehicles were noted stopping on the south side of Beaverdams Road to the west of the school's entrance (Cardinal Newman Way) which is a private road. These stopped vehicles were in queue for the Kiss & Ride program Working Together to Serve Our Community Municipal Works · Fire Sen/ices · Parks, Recreation & Culture ° Business Development · Building 8, By-Law Sen/ices I ll il July 25, 2005 - 2 - MW-2005-93 currently operating at the school. Upon reviewing the Kiss & Ride program of Cardinal Newman Catholic School it is evident that the property of the school does not provide sufficient space to store all vehicles of parents participating in the Kiss & Ride program. This is partly due to the amount of school buses which also utilize the property to load and unload passengers. In total four buses were noticed awaiting boarding of school children for a period of 10 to 20 minutes greatly reducing the amount of storage space for other vehicles queued in the Kiss & Ride lanes at the end of the school day. Several motorists were observed parking their vehicles at the schools parking facility and personally escorting their children to their vehicles, however, the parking spaces available for parents are also limited. Staff has also reviewed the collision files to determine whether a collision problem in the study section of Beaverdams Road exists. The collision analysis for the previous three-year period reveals that there is not a collision problem on this section of Beaverdams Road. Parking questionnaires were also delivered to residents in the study section of Beaverdams Road to determine whether residents would like to implement some kind of restriction on the roadway. Through the questionnaire, residents had an opportunity to comment on the type of stopping control that would most benefit their situation. The following results were obtained from the questionnaires: Beaverdams Road Parking Review Number of residential establishments petitioned: 13 Number of responses received: 2 15% Number of responses not received: 11 85% Number of responses received: 2 Prefer to maintain the existing parking restriction: 0 0% Prefer some form of parking restriction: 2 100% Based on the results from the technical studies and the results of the petitions, it is recommended that stopping be restricted on the south side of Beaverdams Road between the railway tracks and a point 50 metres west of Watson Street from Monday to Friday between the hours of 8:00am and 4:30pm. Despite the low response rate of the questionnaires, of which only two were returned, it is deemed that stopping restrictions are necessary. These restrictions will be in effect during regular school hours only, as these are the times when traffic volumes are high and motorists stop their vehicles on Beaverdams Road frequently creating visibility problems for other motorists vacating the property. These restrictions will prevent motorists from parking or stopping adjacent to the schools property where their vehicles may obstruct the visibility of other motorists vacating the schools property. In addition, as there is only one sidewalk located on the north side of Beaverdams Road, all school children travelling by foot must cross the roadway, therefore it is essential that adequate visibility is provided for the pedestrians as well as the crossing guard supervising the crossings. As an alternative motorists may stop their vehicles on the north side of Beaverdams Road where they would not obstruct visibility to motorists exiting Cardinal Newman Way or pedestrians crossing the roadway. In addition, City of Niagara Falls staff will be in contact with the school with respect to the Kiss & Ride program in hopes of providing further suggestions for improvement of the program. July 25, 2005 - 3 - MW-2005-93 The Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. Jbq~n MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Appro~z~d by: Ed Dujlovic, P.Eng. Director of Municipal Works Bart Skiba V:X2005COUNCIL\050725~MW-2005-93 Beaverdams Road-Parking Review.wpd Community Services Department MW-2005-95 Municipal Works Ed Dujlovic the City of ,~,~ 4310 Queen Street Director Niogoro Foils llkl~iaO~aBr~xF;101~ON L2E 6X5 (~or~o~~ web site: www.city.niagarafalls.on,ca ,~111~'~'v ! -- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih ed ujlovic@city.niagarafalls.on.ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-95 - Garner Road at Brown Road Intersection Control Review RECOMMENDATIONS: It is recommended that: 1) the stop sign located on the west approach facing eastbound motorists at the intersection of Garner Road and Brown Road (west intersection) be relocated to the south approach facing northbound motorists on Garner Road; and, 2) the stop sign located on the east approach facing westbound motorists at the intersection of Garner Road and Brown Road (east intersection) be relocated to the north approach facing southbound motorists on Garner Road. BACKGROUND: Staff bas been requested to review the intersection controls at the intersections of Brown Road at Garner Road (west intersection) and Brown Road at Garner Road (east intersection). The concern at this location stems from the existing stop signs located on approaches where they do not adequately control traffic movements within the intersection. Garner Road is a collector roadway extending in the north/south directions. Garner Road however, is offset at the intersection of Garner Road at Brown Road, resulting in two "Tee" intersections. The distance between the intersections is 300 metres. Garner Road extends in the south direction at the west intersection, and north at the east intersection. The roadway is located in a rural area where few residential properties currently exist, and has a width of 8 metres with no sidewalks on either side of the roadway. Brown Road is also a collector roadway extending in the east/west directions. Brown Road also has a width of 8 metres and does not consist of sidewalks on either side of the roadway. West of Garner Road (west intersection) Brown Road becomes a gravel roadway. Staff has undertaken a review of both intersections to determine whether the current stop signs IVorking Together to Serve Our Commt~nity Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services July 25, 2005 -2- MW-2005-95 are adequate. Currently the stop sign is placed on Brown Road facing eastbound motorists at the west intersection, and on Brown Road l~acing westbound motorists at the east intersection. A review of the collision files for the previous three-year period reveals that there is not a collision problem at the study intersections. Three collisions have been reported during this period and all collisions were identified as single motor vehicle. Two of these collisions occurred at the west intersection, and the remaining collision occurred at the east intersection. A review of the traffic volumes on both roadways was also conducted to deternfine the total amount of daily traffic utilizing each roadway. The most recent traffic volume count conducted on Brown Road shows a total of 496 vehicles traveling on the roadway. A total of 689 vehicles was counted on Garner Road (east intersection), and a total of711 vehicles was counted traveling on Garner Road (west intersection). These counts were conducted on June 25, 2004 for a period of 24 consecutive hours and reveal that more vehicles travel on Garner Road than on Brown Road. The current placement of the stop signs may result in conflicts between motor vehicles at both intersections. At the west intersection, for example, motorists traveling westbound on Brown Road making a left turn onto Garner Road may come into conflict with vehicles traveling in the northbound direction on Garner Road making a left turn onto Brown Road, as both these approaches are currently uncontrolled. Also, despite higher traffic volumes on Garner Road which crosses the "Tee" of both intersections, the current location of the stop signs does not correlate to standard engineering practice and should be relocated from Brown Road onto Garner Road. Through the relocation of the stop signs, the proper allocation of the right-of-way will be ensured to all motorists. The northbound and southbound motorists will now have to allow eastbound and westbound motorists to proceed prior to entering the intersection, eliminating the possibility of conflict between vehicles traveling through the intersection. Based on the above inforn~ation it is recommended that the stop signs currently located on Brown Road be relocated to face northbound and southbound motorists on Garner Road. The Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. Services /~//°h M// ohn MacDonald of Traffic & Parking {~/Ct~i~ fAdmini st rat ive- Officer Manager Approved ~y: Ed Dujlovic, PTgng. Director of Municipal Works V:~2005COUNClL\0507252vlW 2005-95 - Garner Road ~ Brown I~.oad-lntersection Control Review-July 2005 wpd GARNER RD. (,WEST IN GARNER RD EAST Community Services Department MW-2005-96 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@city, niagarafalls.on.ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-96 Huron Street at Ontario Avenue Intersection Control Review RECOMMENDATIONS: It is recommended that: That an all-way be removed at Huron Street and Ontario Avenue and replaced with a stop sign on Huron Street facing eastbound and a stop sign at the Acres Building facility facing westbound. 1) the all-way stop control, at the intersection of Huron Street and Ontario Avenue, be removed to reflect a stop sign on Huron Street facing eastbound motorists only; and, 2) a stop sign be installed at the exit of the private driveway to the Acres Building parking facility facing westbound motorists. BACKGROUND: On November 15, 2004, further to report MW-2004-168, Council passed a motion for staffto review the feasibility of removing the all-way stop control at the intersection of Huron Street and Ontario Avenue following the installation of an all-way stop at the intersection of Morrison Street at Ontario Avenue. The review was to be conducted following a six-month period of the above-mentioned report. The study intersection of Huron Street at Ontario Avenue is in a "Cross" configuration, consisting of north/south and east/west approaches. The east approach however, is a private entrance to the Acres building which is located on the southeast comer of the intersection of Queen Street at Ontario Avenue. Ontario Avenue extends in the north and south directions and is residential in nature with several commercial establishments located on the roadway as well. The width of Ontario Avenue is 12.5 metres, consisting of a sidewalk and parking meters on both sides of the roadway. Huron Street extends in the west direction from the intersection and consists of sidewalks on both sides of the roadway. The width of Huron Street is 10 metres consisting of three lanes, however, near the intersection the roadway narrows to two lanes. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development ° Building & By-Law Services July 25, 2005 -2- MW-2005-96 Parking is permitted on the south side of Huron Street. In addition, Huron Street is a one way roadway in the eastbound direction. To determine whether The City of Niagara Falls Residential All-way Stop Warrant is fulfilled, the following technical studies were carried out at the intersection of Huron Street and Ontario Avenue turning movement count sight investigations stopping compliance collision analysis residential petition form The warrant was applied to determine whether the all-way stop control at the study intersection is required. The turning movement count conducted on May 31, 2005 reveals that the majority of motorists utilizing the intersection travel on Ontario Avenue. Of the vehicles observed 70% traveled on Ontario Avenue. Further observations of the intersection during off-peak hours reveal that the number of vehicles on both roadways reduces significantly. The number of vehicles traveling on Huron Street and the private entrance to the Acres Building parking facility is very low. A sight investigation at the intersection reveals that motorists traveling on Huron Street have adequate visibility in both directions. Visibility to the south is unimpeded and although visibility to the north is impeded, sight distance requirements are fulfilled. A stopping compliance study was also conducted to determine whether motorists complete a full legal stop at the intersection. The stopping compliance study reveals that of the vehicles observed utilizing the intersection 74% did not complete a full voluntary stop at the intersection prior to proceeding through it. The remaining vehicles completed a full legal stop at the intersection, of which 18% did so voluntarily, whereas 8% were stopped by traffic. The analysis of the study clearly reveals non compliance of the all-way stop control at the study intersection. This may be attributed to the low traffic volume of the intersection and motorists feeling the all- way stop control to be too restrictive. A review of collisions occurring at the intersection in the previous three-year period was also conducted to determine whether there is a collision problem at the study intersection. The collision analysis reveals that there have been two collisions reported at this intersection in the time frame noted above. One collision was an "angle" type collision, while the other collision was a "rear end" type collision. Therefore a collision pattern is not evident and a collision problem does not exist at the study intersection. Parking questionnaires were also delivered to property owners on Huron Street and Ontario Avenue which may be affected by any changes to the intersection control. Through the questionnaires, the facility owners/managers and residential owners had an opportunity to comment on the intersection control that would most benefit their needs. The following results were obtained from the questionnaires: Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services . , July 25, 2005 -3- MW-2005-96 Huron Street at Ontario Avenue Number ofqnestionnaires delivered: 17 Number of responses received: 2 12% Number of responses not received: 15 88% Number of responses received: 2 Prefer to maintain the existing intersection control: 0 0% Prefer to remove all-way stop control: 2* 100% * Questionnaire returned from Niagara Regional Police. The results obtained from the qnestionnaires reveal that both respondents are in favour of removing the existing all-way stop control. As a result, the minimal response rate of 80% required to fulfill this section of the warrant was not attained to justify the all-way stop. Currently, motorists traveling in the north and south directions on Ontario Avenue are forced to stop at four consecutive intersections between Park Street and Morrison Street creating more noise as well as pollution as a result of frequent stopping and accelerating. The intersections of Park Street at Ontario Avenue as well as Queen Street at Ontario Avenue arc both currently controlled by two-way stop signs located on Ontario Avenue. Also, thc intersections of Huron Street at Ontario Avenue and Morrison Street at Ontario Avenue are controlled by an all-way stop control. The latter of these locations had the all-way stop implemented in late 2004. The removal of the all-way stop signs on Huron Street at Ontario Avenue will decrease thc amount of noise created by vehicles, as well as the pollution caused by the frequent stopping and accelerating. In addition, removal of the all-way stop control will enhance the response time of such emergency vehicles as police, fire trucks and ambulances. Based on the results obtained from the technical studies, it is recommended that the all-way stop control at the intersection of Huron Street and Ontario Avenue be removed. It is also recommended that a stop sign be installed at the exit of the private driveway to the Acres Building parking facility to ensnre all motorists vacating the property stop and provide the right- of-way to motorists traveling in the northbound and southbound directions on Ontario Avenue. The Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: f.-,,Respect fully submitted: //ohn MacDonald Karl Dren, C.E.T. Manager of Traffic & Parking Services ! ,/Chief Administrative Officer App?ved 1 Ed DujloVJ~c, P.Eng. Director of Municipal Works Bart Sklba S\I PS\fPS I 00 Admlnislration/TPS 1 06 Reports\2005 Community ServlcesUuly 25\MW-2005-96 Huron Si (~ Ontario Ave [nterseztion ('onlrol Review Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department MW-2005-66 The City of ~ MunicipaIWorks Ed Dujlovic NiQgOrQ FQIIs ~J~[~[_ 4310 Queen Street Director Can~~" F'.O. Box 1023 Niagara Falls, ON L2E 6X5 ~ ] ~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca July 25, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2005-66 Storm Drainage Issues - Orchard Grove Extension 5715 Magnolia Drive (Mr. & Mrs. Gerald Turner) RECOMMENDATION: It is recommended that staff continue its efforts to confirm that the storm drainage system, constructed for the Orchard Grove Extension Subdivision, is functioning in accordance with the approved engineering design and undertake the necessary repairs, as required. BACKGROUND: Staff have been, for some time, dealing with a number of issues raised by the owners of the subject property (Mr. & Mrs. Gerald Turner). Some of the issues have been resolved, however, the drainage concerns remain outstanding. The purpose of this report is to provide City Council with a general overview of the what has occurred to date with an emphasis on the unresolved storm drainage issues. Issues that are resolved There have been numerous other issues that have been dealt with by staff since early 2002 that Mr. Turner has raised. These include; 1. concerns raised over the support columns in the basement of the home. This involved the City retaining an outside structural consultant to review the matter and recommend changes. These changes were carried out to the satisfaction of Mr. Turner. 2. Mr. Turner was concerned with water draining to his property from the adjacent neighbour even though in the Master Grade Control Plan this water was to drain to the common lot line between the two properties. As a result in order to address the concerns his neighbour Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services July 25, 2005 - 2 - MW-2005-66 constructed a shallow swale and small catch basin to intercept the water before it reached the property boundary with Mr. Turner. 3. Mr. Turner requested changes to the swale along the back property line in order to save a number of trees. Although the changes were not in strict adherence to the Master Grade Control Plan, they met the intent of providing proper drainage for Mr. Turner's property as well as the surrounding lands. 4. Mr. Turner had concerns with respect to the construction of the common driveway which was appropriately dealt with by the City, developer and home builder. 5. Mr. Turner also raised concerns with caps that where placed on the sewer clean out. These caps were changed to the satisfaction of Mr. Turner. Issue: Sodding and Top Soil Another outstanding concern that has been raised by the Turner's is with respect to sodding and the placement of top soil. Schedule "E" contains correspondence regarding this matter. Based on the information provided it is staffs opinion that the responsibility for top soil and sodding is Mr. rurner's. Remaining Outstanding Issue: Drainage The Turner's purchased the lot at 5715 Magnolia Drive (see Lot 32 on Schedule "B") and subsequently hired a builder to construct their custom home on this site. The orientation of the home places the driveway along the existing swale/storm sewer system. The Turners' have expressed concerns, since the outset, that their driveway is inundated with surface water on a regular basis and that runoff from adjacent lands has been permitted (through the City's lot grading approval process) to exacerbate their problem. Mr. Turner also has concerns that the sewer system under the swale was not constructed in accordance with the original approved drawings and as a result is contributing to the wet conditions in his driveway. The Process The .Orchard Grove Extension subdivision was approved and constructed in 2000-2001 and included a umque lot configuration as shown on the attached plan (see Schedule "A"). The lot grading and stormwater management system was designed to include a series of swales and subdrains which collects surface runoffand discharges it under controlled conditions into the ponds located at Larry DeLazzer Park which were built in the first phase of the adjacent development. The development review process requires the proponent to submit a Master Grade Control Plan which sets out approximate grades and drainage flow patterns that are to be used by builders to ensure the storm drainage system functions the way it was designed. The Master Grade Control Plan includes approximate future elevations of the grade around the building envelope to ensure positive drainage away from the building foundation. These elevations are used as a guideline because at this stage the actual building design and configuration on the lot are unknown. The final lot grading is verified in what is essentially a three-step process. 1. Prior to construction the owner's surveyor locates the building on the property and shows existing and proposed ground elevations. MW-2005-66 July 25, 2005 - 3 - 2. Staff, in the City's Building Department, reviews the proposed grades and check them against the Master Grade Control Plan to ensure general compliance prior to issuing a Building Permit. 3. The owner's surveyor confirms the actual grades on the site after the home is constructed and must advise in writing that the intent of the Master Grade Control Plan has been met. When the City' s Building Inspector is satistied that this is the case, the builder' s lot grading deposit is returned. The City has accepted the lot grading on all lots within this subdivision and will shortly be in a position to assume all of the works. Staff Response to Drainage Issues Municipal Works staff has visited the site a number of times and has confirmed through video inspection that the piping has been installed according to the original design and is functioning well. What cannot be confirmed, to Mr. Tumer's satisfaction, without excavation is the integrity of the filter cloth and depth of the granular backfill. It is important to understand that this collection system also has the ability to surcharge within the system and exfiltrate back into the subsurface. This explains why this area is wet even after 2-3 days of dry weather. It is the staff position that the collection system should not have to be redesigned to accommodate the site specific layout of the new home and have made suggestions to Mr. Turner to take action to mitigate the impacts by undertaking minor improvements such as: · removing his sump pump discharge pipe to another downstream location, redirecting two downspouts that discharge onto the driveway, raising the depth of the gravel in the driveway (or paving it), or · building a retaining wail along the edge of the driveway (as done by the owner on Lot 31). After a series of meetings with staff, Aldermen, the developer, the builder, the contractor and neighbours, the matter is still unresolved. In the spirit of cooperation, Municipal Works staff arranged with the contractor to complete some exploratory excavation and reinstatement in January of this year. A letter outlining the scope of the works was provided to Mr. Turner as a courtesy (see Schedule "D"). Mr. Turner contacted staff shortly before the commencement of the works and asked staff to modify the specifications. Staff was not convinced that the changes Mr. Turner asked to have included would resolve his concern and postponed the work. Staff has not rescheduled the completion of this work, given the other priorities it is currently managing, but hope to get this matter resolved sometime this summer. The estimated cost of the work should not exceed $5,000 which would be funded from the Municipal Works Operations Budget. CONCLUSION: Considerable effort has been expended by City staff over the last three years in order to address the concerns raised by Mr. Turner. Countless meetings have occurred, voluminous correspondences have been exchanged by all parties, and staff has attempted to facilitate resolution by soliciting assistance from the developer, builder and neighbour. Unfortunately, the owners of the subject July 25, 2005 - 4 - MW-2005-66 property still have issues. This report has been prepared in anticipation ora request by Mr. Turner to approach City Council regarding his concerns. Please note staff's intentions are to continue to work toward a resolution to this matter; however, as has been suggested at other points during the process, if the property owners are still unsatisfied it may be more appropriate for them to file a claim against the municipality. Prep~ Respectfully submitted: OeoffUolman /'/ John MacDonald Manager of Development {// Chief Administrative Officer Ed DujlovYeflP.Eng. Director of Municipal Works The City o~ ~'~# Schedule ~A~ Orchard GroVe Extension 50 2" ~ ; ~,9 ~'-- /,7 - ~ ~ ' ~5 ~0 .6 ~ 58 x 59 ~ 37 ~:~:~=~= ~ 9 ' ~ ~ ' ' I0 -3~ ~': 3[ - ~ ~'~ 29 13 ,' x I I I ~ ~~- Schedule ~% Mignelli- Magnolia Dr grading TIF pagg 2; Schedule ~C' S~hedule :D 1' Community Services Department ]'he Ci]y of J~i( Municipal Works Ed Dujlovic, p. Eng. Niagara Fails ON L2E 6X5 ~- I-'~ web site: vw,".",'-city.niagarafalls.on.ca Tel: (905) 35(%7521 Ext. 4219 Fax: (905) 356-2354 ~ E-mail: g holman@city, niagara falls.on.ca ' January 6, 2005 Mr. Frank Pellegrino Alfidome Construction Ltd. 1701 Thorold Townlin~ Road, 1LR#I Niagara Falls ON L2E 6S5 Dear Frank Pellegrino: Subject: 8tom Drainage Investigation and Repairs Lot 32 Plan 59M-268, 5715 Magnolia Drive Our File: 98~308 Further to our brief site meeting, held on January 5, 2005, the City o£Niagara Falls requires your assistance in conducting an investigation and modification to the ~earyard storm water collection system originally installed during the underground servicing for this subdivision. The scope of this project will include the following key procedures: 1. ?re-construction photographs (digital) of the existing swale that show the condition of the surface and limits of the gravel driveway and sodding on the adjacent rear lots. 2. Removal of the top layers of material, exposure of the filter cloth that surrounds the pipe, verification of existing perforated pipe, and granular material as per specification (see attached). 3. Reinstate of the existing filter cloth and backFdl the trench with clear stone to an elevation that allows proper drainage from th e properties on both sides of the trench. (Note: This grade will have to be determined in the field by City personnel). 4. Restoration of any damaged sod or driveway materials that were disturbed during the project. 5. Post-construction photographs (digital) of the new swale. Cont'd Pg. 2 }Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture Business Development · Building & By-Laws -2- Based on our discussion, you were going to monitor the weather conditions and complete these works when disruption and inconvenience could be minimized to the adjacent property owners. We would appreciate 48 hours notice so that we can arrange to have a City inspector on site and provide notice to the affected homeowners. I trust that the City's requirements have been clearly identified through this letter and our on-site discussions. Thank you for your prompt attention to this matter and usual cooperation. Yours truly, GeoffHolman, C.E.T. Manager of Development attach. c. Ed Dujlovic, Director of Municipal Works, City of Niagara Falls Tom Kuchyt, Manager of Construction, City of Niagara Falls Gerald and Ingrid Turner, 5715 Magnolia Drive, Niagara Falls GH:lb Schedule 'D2' ~ 28 ~,. .24 25 26 27 SPRINO BLOSSOM DR~E 200m~ ~, WAI~U~ ~ I I I 22 21 20 19 ~ Schedule 'E' I $EP-11-2002 HED 02:29 PH PLANT ENGINEERING HFG ~R× NO, ~Ub 641 b~8~ r. gl · . Community Services Department File:~'~)~ Municipal Works ....... Ed Dujlovic, P. Eng. ~ Tho C'ly O' ~'~j~ 4310 Quee. Street Director Niagara Fails~k P,O_ Box 1023 Can~..~_ ,.~..~,,. Niagara Fails, ON L2~ 6X~ web site: ~.ci~.~agamfalls.on.~ ~ J ~ Tel: (~5)356-7521 Fa~ (905) 3~-23~ E-ma~: edujlovi~.niagam~l~.on.~ ~. acrMd ~er 5715 Mazola Drive · Re:Lot Grading 5715 Magnolia Orchard G~ve ~eusion. 'De~ ~. T~er: .~closed pl~e ~d a copy of~ A~ent ofP~eh~e ~d Sale be~a He~ for lo~ ~n~ed ~ ~e Om~d ~ove E~en~on. I ~w yo~ a~enfion to page ~o, Schedule "A", item six, wh~ it el~y a~tes ~at ~e pwch~er E~e Wi~ sMll abide by the M~ter G~de ConSol PI~ ~d ~1 be ~nsibl~ for ~e ~ ~d sodd~g of accordance ~th ~e Sub~sion A~men~ A~r~y, ~ou~ ~s p~eh~e ~d s~e a~eement E~c Wie~ t~k on ~e ~on~bi~W of ~g ~d sodding ~e lot ~ per ~e SuMivision A~e~ent. It is ~e Ci~'s ~sition ~en ~at Erie Wiens ia r~ible for ~g out sodd~g f~r your lot ~s ~e is ~me~g ~ ~a A~e~ent of P~eh~e ~d S~e be~een yo~elf ~d ~. Wien~ ~t is ~o ~o Shoed you have ~y ~er questiona reg~ding i~s matter ple~0 ~maet the unde~i~ed at your convenience. Post'it' F~ Note 7671E ..,o I ~ ~ ~ ~jlo~c, P. Eng., D~tor of~cipal Wor~ ED:mt Ex~ion 4220 WorMng Together to Serve Our Community Municipal Works Fire Services park~;. Recreation & Culture Bu$ines:; Development Community Services Department Municipal Works ~-~ ~ anted Ed Dujlovic, P, Eng. The Ci~ of ~, 4310 Ouee, Street ~iagara Falls JJ~ P.O. BOX 1023 .ana~~ Niagara Fails, ON L2E 6X5 web site: ~.city.niagarafalls.on.~ I ~ Tel: (905) 356-7521 Fax: (905) 35~23~ E:mail: gholmanScity-niagarafalls-on.ca October 8, 2002 Mr. Eric Henry Fmitbelt Developments Inc. 1959 Fmitbelt Parkway Niagara Falls, ON L2E 6S4 Dear Mr. Henry: Re: Final Certification of Lot Grading Lot 32 - 5715 Magnolia Drive Our File: Magnolia Drive After considerable discussions with the builder and homeowner to resolve a dispute regarding the certification of lot grading at the above referenced address, we are forced to impose compliance with the subdivision agreement and are notifying you of our intentions to use the securities on file to remedy this situation. We have received information that the existing lot grading is functioning in accordance with the intent of the Master Grade Control Plan; however, in order to complete the certification process, the lot is required to be sodded. In order that we can make suitable arrangements this month to complete this work, I am requesting your response in writing within the next 10 working days outlining your intentions to resolve this matter. Thank you for your prompt attention to this matter. ~ Yours truly, G . .T. Manager of Development c. Mayor Wayne Thomson John MacDonald, Chief Administrative Officer Ed Dujlovic, Director of Municipal Works Gerry Turner GH:Ib S:\I. Streets File,Magnolia Drive,Final Lot Grading Lot 32.wp(l Working Together to Serve Our Community Municipal Wonts . Fire Services Pants, Recreation & Culture · Business Development · Building & By-Laws FRUITBELT DEVELOPMENT 959 Frnilbelt Parkway, Niagara Falls, Oatafio L2E 6S4 Telephone: (905) 262 5356 Facsimile: (905) 262-5654 October 22, 2002 City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mr. GeoffHolman, Manager of Development Furthermore, prior to the transfer of any lot to any purchaser, the City registers on title the Subdividers Agreement which then has the effect of encumbering the lot and compelling ~ubsequent owners to comply with lot-specific responsibilities and obligations which are detailed in that agreement. In other words, we sold Lot 32 to Eric Wiens Construction Limited which in turn sold that vacant lot to Gerald Turner and Ingrid Turner. Mr. and Mrs. Turner became the general contractors and hired a builder to construct a structure on their land and, as confirmed by the enclosed letter to me dated October 18, 2002 fi-om the solicitor for Erie Wiens Construction Limited, Callum Shedden, Eric Wiens Construction Limited was responsible for the construction of a dwelling only and the Turners were to do their own sodding as that became their responsibility when they purchased the lot. Geoff, I find this entire exercise rather curious indeed in light of the site meeting which I attended with my partner, Fred Costabile, at the Turner residence in the late spring/early summer of this year. At that meeting, Mr. Turner expressed concerns regarding lot grading and how he wanted the grades finalized as soon as poss$1e in order that he could sod his yard. In addition to the foregoing, I would like to comment on the issue of top soil about which I have had conversations with several staff.members as well as with Eric Wiens. I would like to point out that we were asked by the City to leave as many trees as possible untouched in Orchard Grove Extension. Accordingly, we did not engage in top soil removal and sold an untouched lot to Eric Wiens Construction Limited which, in turn, sold a lot, not a house and lot, to the Turners. Mr. Wiens' company was subsequently hired to build a residence but, once again, Mt. Turner became the general contractor when he bought the lot and then subcontracted out the building of the home solely to Mr. Wiens' company. One may conclude that if any top soil was removed, it must have been at the direction of Mr. Turner. In closing, Geoff, I would suggest that it should be apparent that sodding is clearly the responsibility of the Turners. However, should the City decide to pursue this further, please advise me and I will bring you additional security specific to this matter rather than have you call on security currently in place. We will be requesting said security be held in trust by the City pending the outcome of legal action to be taken by ourselves against Eric Wiens Construction Limited and any legal action which would consequently be taken by Eric Wiens Construction Limited against .Gerald Turner and Ingfid Turner. Please advise at your earliest opportunity of any decision to be made by the City relating to this matter. Yours truly, FRUITBELT DEVELOPMENT Eric L. Henry President end. c: Mayor Wayne Thomson John .MacDonald, Chief Administrative Officer Ed Dujlovic, Director of Municipal Works Gerald and lngrid Turner Eric Wiens Construction Limited 1 985 688 5747 i0-~18,'2002 12:02 FAX 1 005 688 5747 DANIEL PARTNERS [~001/002 DANIEL, BLACK, HILL, TIlDUS, DeLORENZO, SHEDDEN DONOHUE SHEPPARD LLP Telel~hone: 905 688-9411 Fax- ~05 688-572S October 18, 2002 Our file #33,555-RCS SENT TO FAX#262-5654 (2 pages) Fruitbelt Developments Inc. 1959 Fruitbelt Parkway ~,liagara Fails, Ontado ZE 6S4 Attention: Eric Henry Dear Sir: RE; ERICWlENS CONSTRUCTION LIMITED purchase from FRUITEIELT DEVELOPMENTS INC. AND RE: ERIC WlEN$ CONSTRUCTION sale to GERALD & INGRID TURNER Lot 32, $715 Magnolia Drive,~Falls As you are aware, we represent Eric Wiens Construction Limited. I acknowledge receipt' of the letter from Geoff Holman, Manager of Development for the City of Niagara Falls dated ctober 8% 2002, with respect to final certification of lot grading with respect to this property. I have reviewed the Agreement of Purchase arid Sale between Edc Wiens Construction Limited and the Turners. Pursuant to the Agreement, the Builder is only responsible for construction of the dwelling as specified in the terms of the Agreement of Purchase and Sale and the building contract. Pursuant to the terms of this Agreement, the Builder is not responsible for sodding of the lot. The Purchaser is responsible for sodding the lot at their own expense. As a result of the contractual agreement between Edc Wiens Construction Limited And _ J2 10/18/200~ 12:02 FAX 1 905 688 5747 DANIEL PARTNERS ~002/002 -2- Gerald & Ingdd Tumer, Ed,: Wiens Construction Limited is not prepared to pay for or contribute any sum of money to the sodding of this lot. Yours truly, Callum Sheddon CS/ff cc Edc Wiens Constructior, Limited Municipal Works Ed Dujlovic, p. En9. /' 4310 Queen Street P.O. Box 1023 Director of Municipal Works 'he Oily of ~i~ Niagara Falls, Ontario -anew Tel: (905) 356-7521 °canned ~ ~J -- E-mail: gholman@city.niagarafalls.on.ca web site: www. city. niagarafalls.on.ca October 25, 2002 Mr. Gerald Turner 5715 Magnolia Drive Niagara Falls, ON L2H 3J3 Dear Mr. Turner: Re: Lot Grading Issues - Lot 32 Orchard GroVe Extension Our File: 98-308 Subsequent to discussions with myself and Mr. MacDonald, this letter is intended to respond to some of the matters raised in your letter of September 17, 2002, particularly those issues with which we have some degree of control. I ackno~vledge your frustration with your many attempts to gain the cooperation of your builder, (Eric Weins Construction Ltd.), as our staff has diligently tried to seek a compromise to resolve your concerns: After reviewing a number of different lot grading alternatives, it appears now that the lot grading on Lot 32 generally conforms to the intent of the Master Grade Control Plan. Elevations taken by the . Ontario Land Surveying firm of Matthews, Cameron, Heywood, Kerry T. Howe Surveying Ltd., on October 1, 2002, confirm this position. I spoke with you on that same date and you noted that while you were satisfied that the lot grading on your lot (Lot 32) would work, you did question the grading of the lot next door (Lot 31 ) and noted the height and slope of the driveway. From the elevations provided for Lot 31, it appears that the ground level at the front door is approximately 0.30m OttO higher than originally intended on the Master Grade Control Plan. This normally does not have a huge impact on lot grading (it just means the slope is steeper). The Master Grade Control Plan is intended to set out guidelines for the grading of the lots in the subdivision. This Plan is to be regarded with some degree of flexibility because the exact orientation of each home on the lot is not known at the time of review and approval of the Plan. As a resuit some level of tolerance and room for field adjustments are necessary. It is our intention to ensure that the grading on Lot 31 also conforms to the intent of the Master Grade Plan, prior to signing of the Lot Grade Plan. Cont'd Pg. 2... Working Together to Serve Our Community Municipal Works . Fire Services Parks, Recreation & Culture · Business Development . Building & By-Laws -2- According to the City's Lot Grading and Drainage Policy for Subdivisions 1989, Section 2.20, Paragraph (c): he grading ora lot shall be considered to be completed when the building has been erected and the lands have been graded and sodded. Sodding shall be done ~vithin ~vo months after occupancy of the building, or by the next June lst following occupancy should occupancy take place in the winter months." In the case of your lot, the lot grading was in question (until recently) and sodding can now take place. We have sought legal advice from the City's solicitor to help us understand who is responsible for completing this work and have been advised that the developers' obligations set out in the subdivision agreement are transferred to each subsequent lot owner. The builder contends that the responsibility for sodding your lot was yours and the price of the home was adjusted to reflect this. If this issue is in question, it is a matter for you to resolve with the builder. With r.espect to the quail.fy o. ftopsoil used to achieve the lot grading on your lot, we have no reason to beheve that the material m place cannot reasonably sustain new sod with normal effort. In closing, I would like to point out that many of the issues you have raised are matters that need to be remedied by your builder and it is not the City's obligation to customize your lot grading to meet your needs. We continue to acknowledge your concern regarding the potential drainage problems on Lot 31 and will ensure that the intent of the Master Grade Control is maintained prior to final approval. I trust this letter clarifies the City's position. If you require additional information or clarification, please contact this office. Yours truly, GeotYEIolman, C... Manager o£Development Ext. 4219 c. Mayor Wayne Thomson John MacDonald, Chief Administrative Officer Ed Dujlovic, Director of Municipal Works GH:Ib S:~I. Subdivisions~g8-308 Orchard Grove ExtkLot 32 Grading TumerOct02.wpd