2001/04/23 MEETING
Monday, April 23, 2001
From 4:00 p.m. to 4:30 p.m.
City Hall, Committee Room #2A & B
1)
2)
3)
a)
c)
Approval of the 2001 04 09 Community Services Committa.~e Minutes.
DEPUTATION:
REPORTS:
BBS-2001-10 - 5888 Thorold Stone Road
BBS-2001-11 - Coronation Centre - Request for Sign Variance
BBS-2001-12 - 5020 Centre Street - Request for Projecting Sign Variance
MW-2001-53 - Consulting Services for the Construction and
Calibration of a Dynamic Water Model
MW-2001-54 - Water Feature in Front of Rain Forest Caf6
North Side of Clifton Hill
R-2001-14 - Encroachments - Balmoral Park
R-2001-15 - Approval Process for Community Proiects Requesting
City Partnership
R-2001-16 - Parks and Athletics Fields Schedule
Staff Contact:
Sue Wheeler
Sue Wheeler
Sue Wheeler
Ed Dujlovic
Ed DuJlovic
Adele Kon
Adele Kon
Adele Kon
4) ADJOURNMENT:
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
MONDAY, April 9, 2001, CITY HALL, ROOM 2 AT 4:15 P.M.
PRE/ENT:
Chairperson Victor Pietrangelo, Mayor Wayne Thomson,
Alderman Gary Hendershot, Alderman Judy Orr, Alderman
Wayne Campbell, Alderman Kim Craitor, Alderman Shirley Fisher,
Alderman Art Federow, Alderman Ken Feren, Alderman Janice
Wing, Alderman Carolyrm Ioannoni, Alderman Norm Puttick,
Alderman Selina Volpatti
,~B.J'ENT:
J*T,~FF:
PRF_/'$:
Ken Burden
Ed Lustig, John MacDonald, Ed Dujlovic, Adele Kon, Tony
Ravenda, Woody Wagg, Pete Corfield, Ray Kallio, Marianne Tikky
(Steno)
Mr. Corey Larocque - Niagara Falls Review, Rob McGregor - CHRE
MINUTE/'
IT WAS MOVED BY Alderman Fisher, seconded by Alderman Feren that the
minutes of the February 5, 2001 Community Services Comn~ittee Meeting be
approved with an amendment referring to Report item 2(b) - Alderman Wing
had a conflict of interest.
Motion: Carried
Action: Recommendation submitted to Council 2001 04 09
2) REPORTS
a) MVV-2001-42 - O'Neil Street - Traffic Review Update Report
It was moved by Alderman Volpatti, seconded by Alderman Fisher that this report be
received for the information of Council
Motion: Carried
Action: Recommendation submitted to Council 2001 04 09
Community Services Committee 2
2001-04-09
b)
MW-2001-45 - Hiring of a Transportation Planning Technologist
Development Section
Alderman Puttick requested that, the City hire a Transportation Planning
Technologist on a one year contract. Alderman Puttick is concerned the City is
spending money needlessly as studies and reports were completed in the past
dealing with the same problems we are facing today.
Mayor Thomson advised Council that the Traffic Depa~-hi-~ent receives
complaints on a consistent basis regarding traffic concerns, roads etc., by hiring a
full-time technologist the City can quickly and effectively deal with the problems
that arise. The technologist would work independent of the Traffic Department
under Geoff Holman in Development.
Ed Dujlovic advised Council that transportation studies change constantly, by
having a transportation planner on staff he or she will review problems, assess
traffic situations and develop traffic calming measures, in other words be pro-
active.
Alderman Volpatti supported staff's decision to hire a transportation planning
technologist noting that the City could only benefit by having someone focused
on development. Alderman Volpatti questioned staff as to the cost incurred by
the City.
Ed Dujlovic advised Council the standard wage rate for a planning technologist
is approximately $40,000 - $50,000 per year.
Alderman Craitor supported staff's decision to hire a planning technologist,
noting that the City has had to bring in consultants on numerous occasions and
by having a full-time planning technologist will cut the City's spending.
It was moved by Alderman Volpatti, seconded by Alderman Hendershot that the City
hires a full-time Transportation Planning Technologist for the reasons outlined in this
report.
Motion:
Opposed:
Action:
Carried
Alderman Orr, Alderman Puttick
Recommendation submitted to Council 2001 04 09
c)
MW-200146 - AM-39-2000 Zoning By-law Amendment - Legalization of a
Four-Unit Dwelling (N. McKinnon)
Community Services Committee 3
2001-04-09
It was moved by Mayor Thomson, seconded by Alderman Volpatti that this
information report be received.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 09
d)
M14r2001-48 - Niagara Peninsula Transportation Needs Assessment Study
Update
Mayor Thomson addressed Council that, he was pleased to have something in
writing supporting his comments, that the Transportation Needs Assessment
Study is NOT a study for the mid-peninsula corridor. Mayor Thomson feels that
the transportation needs assessment study will help identify opportunities for an
improved QEW, the development of a fully functioning Regional airport and an
increase in passenger rail service to Niagara. Mayor Thomson noted that, much
of the land where a mid-peninsula corridor would be located has not been
serviced, therefore, any economic development would occur at a substantial cost.
Mayor Thomson would support the corridor for truck traffic only, therefore, not
detouring tourist away from the Niagara area and the potential for spontaneous
visits to sites, restaurants and attractions. Mayor Thomson noted that while
attending a Regional event consultants spoke on the Niagara Peninsula
Transportation Study and noted that they do not wish to interfere with tourism
in anyway.
Alderman Volpatti advised Council that the Regional report does not mention
Niagara Falls at all in the report.
It was moved by Mayor Thomson, seconded by Alderman Volpalti that Committee
receive and file this report.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 09
e) MW-2001-49 - Consultant Selection Policy
It was moved by Alderman Wing, seconded by Aldermart Hendershot that the limit for
Community Services Committee 4
2001-04-09
direct appointment under the Consultant Selection Policy is increased to $60,000.
Motion: Carried
Action: Recommendation submitted to Council 2001 04 09
3) INFORMATION ITEMS:
Memo PCB Destruction
It was moved by Mayor Thomson, seconded by Alderman Fisher that memo PCB
Destruction be received and filed.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 09
4) NEW BUSINESS:
a)
Alderman Fisher addressed Council with her concerns regarding Portable Signs.
Alderman Fisher questioned staff as to; (1) Why does the City allow portable
signs?, (2) How long are they allowed to leave the signs out?, (3) How close to
the road are the signs allowed?, (4) Does the City monitor the number of
portable signs?
b)
Alderman Craitor advised Council that a Signage By-law is coming soon which
will address all of the concerns raised by Alderman Fisher. Alderman Craitor
further noted that landlords of stripe malls and shops do not want portable
signs.
c)
Alderman Fisher advised Council of an article in the Review, April 9, 2001 and
motioned that a letter be sent to Brad Clark in support of his research and
solutions to road rage.
It was moved by Alderman Fisher, seconded by Mayor Thomson that Council
sends a letter to Transport Minister Brad Clark in support of his research and
solutions to road rage.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 09
d)
Alderman Hendershot and Alderman Ioannoni addressed staff with residents'
complaints of last fall's leaves still strewn about the streets. Alderman
Community Services Committee 5
2001-04-09
Hendershot questioned staff as to when the leaves would be collected.
Alderman Campbell advised staff that the leaves are so thick in the downtown
area especially Second Avenue and Third Avenue you cannot park your car on
the side of the street.
e)
Ed Dujlovic advised Council that staff has begun collecting the leaves remaining
from last fall and directed Council to contact the service centre with any loose
leaf pickup complaints. Ed advised Council that the street sweepers have begun
Spring cleanup.
Alderman Pietrangelo addressed staff with garbage dumping concerns and
questioned staff if steel containers or dumpsters could be place in designated
areas of the city to deter residents from dumping excess trash in industrial bins.
Ed Dujlovic advised Council that to place containers in designated areas around
the City would be considered a waste transfer station and would require
approval from the Ministry of the Enviroment (MOE). Ed advised Council that
staff will investigate and report back.
Alderman Federow advised staff that there is excessive dumping in the rural
areas, everything from baby car seats to shingles and requested staffs assistance
in cleaning up these areas.
Ed Dujlovic advised Council that staff is aware of the trouble spots for dumping
in the City and advised Council to contact the service centre at anytime for waste
clean up.
ADJOURNMENT
Meeting was adjourned moved by Alderman Feren, seconded by Alderman
Wing at 5:15 p.m.
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-maih melb@city.niagarafalls.on.ca
BBS - 2001-10
Mel Brown, CET, CBCO
Director
April 23, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
BBS - 2001-10
Sign Variance - 5888 Thorold Stone Road
RECOMMENDATION:
That Council approve the variance to allow a portable sign at 5888 Thorold Stone Road.
RF, PORT:
An application has been received for an additional sign at the new GM Dealership located at 5888
Thorold Stone Road. Council has already approved the previous sign variances at this location to
allow nine signs. An additional sign, (portable) has been applied for and a permit is requested a t
this location.
The Sign By-Law currently allows a maximum of six signs in total at any location with a frontage
greater than 400 hundred feet. The addition of the portable sign brings the total of signs on site to
ten (10). The property at 5888 Thorold Stone Road has four-hundred and fifty feet in frontage (450')
to support this request. The additional sign complies with all other aspects of the Sign By-Law.
~tnager of By-law Enforcement
Approved by:
Executive Director of Community Services
Mel Brown
Director of Building & By-law Services
Atmch.
Respectfully Submitted:
Edward P. Lustig
Chief Administratiw~ Officer
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
?.0. Box 58, $888
March 21,2001
City of Niagara Falls
City Hall
4310 Queen Street,
Niagara Falls, Ontario
L2E 6x5
Attention: Sue Wheeler, Manager Sign Bylaw Enforcement
Dear Ms. Wheeler
Re: 5888 Thorold Stone Road, Niagara Falls
We wish to make application to the City of Niagara Falls for the display of
a reader board sign on our property on Thorold Stone Road. This sign will be used
exclusively to advertise various vehicles, products and services that we
think will of special interest to our customers.
The sign which will be 32 square feet in area will be situated on our property
near the front of the building. It will be a new sign which will be properly maintained
and it will not obstmet any vehicular or pedestrian traffic.
Thank you for your consideration.
Yours trul~ ..~'
Brian Cullen, P~esident
Ernail: ~all,eh~v @ gmeanaela.eom
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls.on.ca
Mel Brown,
Director
BBS-2001-11
April 23,201)1
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
BBS-2001-11
Coronation Centre
Request for Sign Variance
RECOMMENDATION:
That Council approve the request from the Greater Niagara Senior Citizens Association to place a
ground sign on municipal property, at the Coronation Centre on Main Street, Niagara Falls.
BACKGROUND:
Staff have received a request from the Greater Niagara Senior Citizens Association to place a thirty-
two (32) square foot ground sign on municipal property at the Coronation Centre on Main Street.
The greater Niagara Senior Citizens Association works closely with the Parks and Recreation
Department, and provides activities for the senior citizens of the City. Parks and Recreation staff
are favourable to this proposal, and Building and By-Law Services are willing to waive any sign
permit fees that may apply.
In addition, the Greater Niagara Senior Citizens Association would be required to enter into a license
agreement with the Corporation to allow the placement of this sign on tnunicipal property. The
Legal Department is willing to waive any fees associated with this agree~nent.
S~ue Wheeler
/~{/lanager of By-law Enforcement
Mel Brown
Director
attach.
Approved by:
John MacDonald
Executive Director of Community Services.
Respectfully Submitted:
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
GBEA'IT:B
SBIIOll CI11GHS
JlSSOCIA'IIOH
Coronation Recreation Centre
..."Where Seniors Play"...
5925 Summer Street
Niagara l~al]s, Ontario
L2G lM7
Phone: (905) ,356-6493
email: gnsca~}becon.org
March 19, 2001
Mayor Wayne Thomson and
Members of City Council
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 2L1
Dear Mayor Thomson and Members of Municipal Council:
On behalf of the Greater Niagara Senior Citizens Association I would like to request
permission to place a sign at the Coronation Recreation Centre, located on the corner of Main
and Summer Streets.
The sign would be placed on Main Street to assist with identifying the facility and to promote
special activities with interchangeable lettering.
The Coronation Recreation Centre is a city owned property and we respectfully ask your
consideration in this matter.
Yours truly _,/
l
Garth Chapman
President
Community Services Department
Parks, Recreation & Culture
75§5 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: bbolibru~city.niagarafalls.on.ca
Adele Kon
Director
March 7, 2001
Sue Wheeler
Manager By-law Enforcement
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Sue:
Re: Proposed Sign to Advertise the
Coronation Centre and Activities
The Greater Niagara Senior Citizen's Association wishes to erect a new sign on the site of the
Coronation Centre. The Coronation Centre building is located on City property and we realize
that approval is required from the City prior to erection of the proposed sign.
It is the intent of the new sign to improve the recognition of the Coronation Centre and to assist
in the promotion of special events. The proposed sign is to be 8 feet x 4 feet in size and will
replace an existing sign on the property. We wish to provide our support Ibr the proposed sign as
it will enhance the image of the Coronation Centre and help promote the Association's programs
and special events.
Should you have any questions with respect to the above, please do not hesitate to contact me.
BB:
S:\S*niors\Cotrespondaace~sign for coronation cemr~.wpd
Yours truly,
Director of Parks & Recreation & Culture
Extension 4330
Municipal Works
Working Together to Serve Our Communitg
Fire Services Parks, Recreation & Culture
Business Development
The City of
Niagara Falls
I -
Community Services Department
Building and By-law Services
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Tel: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city.niagarafalls.on.ca
BBS - 2001-12
Mel Brown, CET, CBCO
Director
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
April :23, 2001
Members:
Re:
BBS -2001-12
5020 Centre Street
Request for Projecting Sign Variance
RECOMMENDATION:
That Council not approve the variance to the Sign By-Law for the application for a projecting sign
at 5020 Centre Street, for Rock World Legends
BACKGROUND:
An application was received for a projecting sign at 5020 Centre Street for Rock World Legends.
The proposed sign will be:
- five feet by six feet (5' x 6")
- with an area of thirty (30) square feet
- fourteen (14') feet above grade.
The Sign By-Law states that the maximum size of a projecting sign shall be no greater than seventy-
five square feet (75'). There is no objection to the size of the sign which is thirty (30) square feet,
however, the location of the sign will pose a problem.
The proposed location of the sign will project six feet four inches (6'4") from the face of the building
at 5020 Centre Street and will be 1'2" from the face of the curb. The City of Niagara Falls Sign By-
Law states that "Projecting signs attached to buildings shall not extend more than ten (10)feet
beyond the face of such building and shall not project beyond a line two and one-half feet (2-1/2')
from the face, nearest the roadway of an existing sidewalk or future sidewalk."
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
-2- BBS-2001-12
The sidewalk area in question is only seven feet six inches (7'6") wide, measured from the face of
the building, to the point where the sidewalk and gutter meet. This would allow only a one foot, two
inch (1'2") projecting clearance between the edge of the road and the edge of the sign.
A site inspection has revealed that there are signs in this area that also project beyond the By-Law's
recommended distance. Although the proposed sign would be in keeping with the area, staff is
concerned with the projection to the curb line and potentially having the structure interfere with
trucks, tour buses or large recreational vehicles at this narrow and congested area
Council approved a previous variance for a similar sign at 5008 Centre Street last year. Staff
recommended at that time not to approve the variance for the same reasons as outlined in this report.
If further variances of this nature are allowed, staff is concerned that a precedent will be set thereby
allowing applicants to project their signs even further into the traffic area.
The By-Law is not intended to allow for variances as to the advertising effectiveness of signs, rather
to govern their structural and safety aspects. As Council may be aware, staff is currently in the
process of rewriting the existing sign by-law. Issues such as the above will be addressed in the new
By-Law.
Prepare~ // /// /7,
~~Y~
Director of Building & By-law Services
Approved by:
f/John MacDonald ~
Executive Director of Community Services
Respectfully Submitted:
Edward P. L[st'i~g /Jif
Chief Administrative Officer
Anach.
Working Together to Serve Our CommuniO~
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
The City of ~1~
Niogoro Foils
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-53
File S-80-8
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls,on,ca
April 23, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
RE: MW-2001-53 - Consulting Services
for the Construction and Calibration
of a Dynamic Water Model
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement for construction and calibration of a
dynamic water quality model system with Earthtech Canada Limited, for the upset limit of $ 49,500.
BACKGROUND:
The City of Niagara Falls staffbegan the process of constmcilng a water model for the City's water
system in January of 1995. The project involved the creation of a smile water model that could
predict the pressures and flows to be expected throughout the system at key points based on a set of
field tests. This model proved to be adequate for the assessed needs at that time and provided a
vehicle for the collection of key information about the system, i.e., age, condition size etc.
Since the occurrence of impaired water quality in Walkerton, the Ministry of the Environment is
closely monitoring the water quality from both water treatment plants and within the water
distribution system itself. The City of Niagara Falls has a well-documented history, evidenced by
field samples collected by water department staff, of both discoloured water and low chlorine
readings within their water system. Residual chlorine is required within the distribution system to
prevent pathogens, (disease causing bacteria), from developing.
The Regional Municipality of Niagara closely monitors the concentration of chlorine in the water
it supplies as it enters the distribution system from its plant on Macklem Street in Chippawa to
ensure that the level meets current Provincial Water Quality Standards. The problem develops
however, in the distribution system where factors such as poor flow within mains, corrosion within
the', pipe and dead end mains cause the premature decay of chlorine within the system, thereby
affbcting water quality at the consumer level. The current City of Niagara Falls Water Model is not
operating at a level that will allow for analysis of this problem in any great detail.
Municipal Works
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture
Business Development
MW-2001-53 2 April 23, 2001
The new model will allow for an in-depth analysis of the concentrations of chlorine within the
problem areas already defined and will allow staff to assess the effectiveness of remedial measure's
system wide, prior to committing funds and resources to them. The interdependency of water system
assets can cause remedial works for affected customers in one area to adversely affect those in
another area.
The writer is currently in conversations with the Ministry of the Environment - Environmental
Partnerships Branch in order to garner funding for a portion of the study that will satisfy current
provincial legislation.
City staff has conducted an extensive evaluation ofcommemial models and has selected H20 NET
as the preferred product. The purchase price of the model is $12,500 exclusive of taxes and it will
be purchased as a separate item by City staff. The proposed project will be completed in late
November of this calendar year.
Funds for this study, $65,000, were included within the 2001 Municipal Capital Works Budget, line
item, "Chlorine Residual Study and Action."
As per the City's Consultant Selection Policy, direct appointment for consulting services below
$60,000, Earthtech Canada Limited has been selected to perform the work necessary for this project
based on their previous experience and their proposal received by staff.
Council's concurrence with the above recommendation is requested.
Prepared by:
David Watt, CET
Manager of Infrastructure
Respectfully submitted:
Edx~ard P./Lus~g,
Chief Administrative Officer
Director of Municipal Works
~pproved by: .
J~ MacDonald
Executive Director of Community Services
rhe City of
Niagara Fails I1~1~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalts.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: siorfld~city.niagarafalls.on.ca
April 23, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-54
Water Feature in Front of Rainforest Caf6
North Side of Clifton Hill
Ed Dujlovic, P. Eng.
Director
MW-2001-54
File: Clifton Hill
RECOMMENDATION:
It is recommended that the geyser water feature be allowed to be partially located on the City's
sidewalk area and that an encroachment agreement be entered into with all costs associated with the
water feature be borne by the developer.
BACKGROUND:
The redevelopmem of the former Tussaud's Wax Museum site will create an exterior forecourt
entrance with access to the Rain Forest Caf6 on one side and interactive arcade on the other. As part
of this forecourt, a geyser water feature is planned to highlight this spectacular entrance. The water
feature will be partially located on the sidewalk area, however, the majority of the sidewalk will not
be affected and will still be wider than most other areas along Clifton Hill.
The approval of this request will create an attractive feature that will be enjoyed by all visitors on
Clifton Hill.
Pr. epar/~bY;
Sam iorfida
Manager of Development
j~o~ Macpproved by:
Donald
Executive Director of Commtmity Services
Rec~ommenj~L~l by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Respectfully submitted by:
Chief AdminisUative Officer
Attach.
Working Together to Serve Our Community
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development Building & By-Laws
Clifton Hill
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city,niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon{~city.niagarafalls.on.ca
Adele Ken
Director
R-2001-14
April 23, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-14
Encroachments - Balmoral Park
RECOMMENDATION:
That the property owner of 6474 Baimoml Avenlue be ordered to remov~ both his side and rear yard
fence from City property.
That the property owner of 6464 Balmoral Avenue be ordered to remove his patio stones, plastic
barrels, drainage pipe and concrete edging from City property.
BACKGROUND:
Through an approved report from the Environmental Planning and Greening Committee, Council
-was made aware of the numerous encroachments on City parkland. The report also requested
Council's endorsement to deal with these encroachments. To date, staff have cleared encroachments
front the former Holman Property, Paddock Trail Park (linear park offofAlpine) and Crimson Park.
With these clearances, homeowners were forced to remove gardens, sheds, fences, playground
equipment, etc. In the majority of cases, the abutting property owners were upset with the notice
they received to remove the various encumbrances from City property. However, they all complied
with the directive.
As part of the Balmoral Park Development, a property survey was completed to accurately determine
the City's property boundary. The survey indicated that three abutting property owners were
encroaching on City parkland. The first encroachment was a vegetable garden and this was quickly
removed but there are still two remaining. One is a shed which is located within 6" of the property
line. Our Building By-law states that a shed must be 18" from the property line. However,
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-14 - 2 -
April 23, 2001
according to the Building Inspector, the onus is on the City to prove that the shed was not there prior
to 1979. If not, then a request for a minor variance would have to go to the Committee of
Adjustment. The other remaining encroachment is a board on board fence on both the side and back
yard. On the side yard, the fence encroaches 2 feet, 3 inches and the back yard fence is located .75
feet unto City property. The attached photographs show both remaining encroachments.
The shed located in the rear yard of 6464 Balmoral Avenue is within 6" of the property line.
However, the base of concrete patio stones extend unto City property 2'6". Staff is recommending
that the shed remain and that the City fence end at the shed. If the fence was extended behind the
shed, the owner would have little room to access the back of his shed. However, staff is
recommending that the patio stones, plastic barrels, and drainage pipe be removed.
Options Available for Council's Consideration on the Fencing Matter:
The property owner of 6474 Balmoral will remove his rear and side yard fence from City
property. This would require the following:
a) removal of existing fence (if done by contractor); $ 600.
b) install City Standard ehainlink fence; $2,400.
Total: $3,000. + taxes
If Council selects this options, then staff recommends that the homeowner be responsible for the
removal cost of the existing fence and a new chainlink fence would be the City's responsibility.
2. Enter into an Encroachment Agreement which includes:
a)
b)
a Surveyor Sketch will be required showing the metes
and bounds description;
the preparation of an Encroachment Agreement by Legal;
Total
$ 300.
$ 300.
$ 600. + taxes
If Council selects this option, then staffrecommends that the homeowner be responsible for all costs.
Sell the owner of 6474 Balmoral the City property that he has already taken. This would
include the following:
a)
b)
c)
d)
e)
the property will be declared surplus and $ 300
advertised as per Council Policy;
an Appraisal/Letter of Opinion will be required to
determine the value of the property; $200 to $600
a certified surveyor will prepare a reference plan and
legal survey; $650
a Transfer will be registered at the
Land Registry Office; $60
Land Transfer Tax at a rate of .5% on the value of
the property (to be paid by the purchaser) $
Total: (approximately) $1,410.00
R-2001-14 - 3 - April 23, 2001
If Council selects this option, then staffrecommends that the homeowner be responsible for all costs.
CONCLUSION:
Staff is recommending that Council support the Parks By-law and direct staff to have the
encroachments removed. In all the instances mentioned above, the homeowners were not given the
opportunity to either buy or enter into encroachment agreements. Compared to the other
encroachments that have been removed, staff is of the opinion that there is no substantive reason to
allow these encroachments to remain. Through reports and verbal comments, staff has made Council
aware of the encroachments issues. Many of our parks have encroachments and to date, only a
minimal number have been addressed. Our Legal Department could not find any other
encroachment agreements involving parkland. If Council decides to accept either Option 2 or 3, a
precedent will be established. This will potentially make the remaining: encroachments more
difficult to remove, and therefore, staff will require further direction on how to deal with future
encroachments.
Recommended b~y: _~
Adele Kon
Director of Parks, Recreation & Culture
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
~e Dir ' '
AK/das
attachments
S:\Council\Council 2001~R-2001-14.wpd
LEGEND
A. 6474 Balmafal Avenue A-1 Side yard waod fence encraachlng 2' - 3"
A-2 I~ar yard wood fence encroaching 0' -9"
B. 6464 Balmoral Avenue B-1 Rear yard patio stanes encroaching 2'-6"
B-2 Garden Shed approximately 0'-6" inside praperty line
O~tarlo L,~nd
SURVEYING LIMITED
Re~d R-2001-14
Balmoral Park ~velop~nt
Fence Enoroaoh~nt
Appendix A.
Legal Supzey Plan
LEGEND
A. 6474 Balmoral Avenue
A-1 Side yard wood fence encroaching 2' - 3"
Report R-2001-14Appendix B,
Balmoral Park Development 6474 Balmoral Avenue
Fence Encroachment
Side Yard Fence Encroachment [2'-3''~
A~_~ Ai'ound 1he cornel
See Appendix B.
Park Property Line
LEGEND
A, 6474 Balmoral Avenue A-1 Side yard wood fence encroaching 2' - 3"
A-2 Rear yard wood fence encroaching 0' -9"
6464 Balmoral Avenue
B-1 Rear yard patio stones encroaching 2'-6"
B-2 Garden Shed approximately 0'-6" inside property line
Report R-2001-14
Balmoral Park Development
Fence Encroachment
Appendix C.
6464 Balmoral Avenue
Patio Stone Encroachment
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.c]ty.niagarafa]ts.on,ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
Adele Kon
Director
R-200~-15
April23,2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City &Niagara Falls, Ontario
Members:
Re: R-2001-1S - Approval Process for Community
Projects Requesting City Partnership
RECOMMENDATION:
That the attached policy outlining the approval process for community projects be approved.
BACKGROUND:
An Ad hoc Committee of the Civic Committee was established to select an appropriate City
Millennium Project. The Committee was chaired by then Alderman Paisley Janvary-Pool and was
composed of other Members of Council and Members of the Community. The Committee
recommended to City Council that a clock tower be constructed and that $50,000 be advanced in
order to commence the project. The understanding was at that time that the funds would be repaid
through community fundraising. The project was rushed in order to have the tower constructed for
the start of the Millennium, and therefore, there was insufficient time to thoroughly plan this
community project.
Council did approve the original cost of the project. However, as the project evolved, Members of
the Millennium Committee made additional requests which added to the overall cost of the project.
All additional costs were brought to Council for approval. However, once the project was completed
a $43,528.50 cost was incurred by the City for the construction of the Millennium Clock Tower and
the surrounding landscaping. This of course, differed from the original intent of the project that no
cost would be incurred by the City.
Working Together to Serve Our Community
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development
R-2001-15 - 2 - April 23, 2001
A final report was submitted to Council outlining all the associated costs for the Millennium Clock.
However, Alderman Norm Puttick had further concerns about both the costing and approval process.
Council then directed the Director of Finance to review all costs and the approval process. To that
end, a financial audit of the entire project was completed (see attached). According to the Director
of Finance the charges were appropriate and the necessary Council approvals had been obtained.
However, as a result of this investigation, there was considerable staffdiscussion about how various
community projects are reviewed and costed. In order to potentially avoid similar problems, though
well intentioned, from occurring in the future, staff is recommending that the attached policy be
adopted by City Council. The policy would serve as a primary filter to review all projects.
Adele Kon
Director of Parks, Recreation & Culture
Approved by: /
John MacDonald
Executive Director of Community Services
attachment
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
S:\Coun¢il\Coun¢il 2001~R-2001-15.wpd
DEPARTMENT:
Community Services
PARKS, RECREATION &
CULTURE
DATE EFFECTED:
April 2001
POLICY:
The Review of Community Projects
Requesting City Partnership
Report: R-2001-
SECTION: 1000.
Page I of 1
The following criteria is recommended for any project that involves partnership with a community group
and that requires a design/build approval.
Project bid submissions should be submitted for a technical review by appropriate City Staffprior
to presentation for approval.
When project bid submissions are significantly in excess of the proposed budget, they should be
considered as to the viability of the project and the technical review.
Project bid submissions should not be revised once they have been issued without a further technical
review.
All project costs should be determined and fully disclosed for approval; best estimates of project costs that
are not determined.
Project costs that are considered to be a significant addition to the original project bid submissions should
be submitted to City Council for approval.
Costs for City forces that are directly used by the project should be charged to the appropriate project
accounts.
When possible, a significant portion of the expected Community Sponsorship should be acquired before the
project is authorized to cormnence.
8. City funds should not be used to advance the commencement of the project.
S:~olicies~Policy & lh'ocedurcs Manual\1000. 2001 Procedures for Development of Projectz.wpd
May14,1999
May19,1999
AUDIT
MILLENNIUM CLOCK PROJECT
Purpose: To audit the project and make recommendations
based on the audit flndings
Audit Findings
THE PROPOSAL
New Millennium Clock Design No. P40-99
· A design bid proposal for supply and installation of a
new millennium clock, with pixel board, time capsule
and donor wall.
· Budget for proposal was $50,000
· City to provide power source, grading and landscaping,
not included in proposed budget.
Request for Proposal Summary
· Neon Signs
· Feren Signs
· Signature Signs
$52,211
A. $50,000
B. $120,000
A. $92,938
B. $46,823
I Adele Kon - Millennium Project.wpd Pa, ge 2 ~
May31,1999
REPORTS
Report R-99-34 - New Millennium Committee Proposed
Clock and Time Capsule
· Council endorsed the selection of Signature Signs to
construct the Millennium Clock and Time Capsule.
· Provided for up front costs to a maximum of $50,000
· Endorsed the marketing strategy for selling of
sponsorships
Price quoted by Signature Signs was $80,816.00 plus taxes
$92,938.00. Quote included:
Clock Tower:
Brick Benches
Optimist Logo
Niagara Falls Letters (aluminum
Brick Tower
Metal Roofing
Time Capsule .................................................... $69,800
One message board ........................................... 9,216
One Corian Panel ............................................... 1,800
Total .... $80,816 +
Taxes =
$92,938
Report R-99-34 noted that the Committee and Optimist
Club recommended additional revisions to the proposal.
The total cost of the structure is to be less than $100,000.
There will be some additional costs for landscaping and
ongoing maintenance.
[Ad?e Kon- Millennium Project.wpd Page 31
July 14, 1999
March 6, 2000
Signature Signs submitted a revised proposal:
I Four-sided brick clock tower
2 Message Boards
2 Clocks
2 sets of Aluminum numbers to spell 2000
and letters to spell Niagara Falls
2 City/Optimist Logns on 24" diameter illuminated signs
2 brick benches (not done)
Total ....$95,832 plus taxes = $110,206.80
* Note - Two Benches valued at $1,500 were donated by
Kiwanis Club
Report R-2000-04 - Millennium Clock Plaque
Approved costs for placing names local government
representatives on the Millennium Clock Plaque.
Approved the addition of a third digital message board
(approximately $12,000 installed) and clock (approximately
$2,800) to the Millennium Clock.
Approved payment of additional expenses for moving the
Molson Message Sign from the Millennium Clock site
Approved assisting toward the development of the gardens,
lighting, irrigation and perpetual care of the Clock and
surrounding site.
~ Adele Kon - Millennium Project.wpd P~ge 4 ~
4
Vendor
Signature Signs
Signature Signs
Signature Signs
Signature Signs
Signature Signs
Signature Signs
Garns
Feren Signs
Signature Signs
KNM Nursery
TouchtoneCont.
Signature Signs
Signature Signs
Signature Signs
Signature Signs
Pen-Ready
COSTS
2 boards (one in original, one in revision)
2 cellular modems (2 in revision)
Brick Tower
Brick
Survey
Subtotal
I Message Board (Noted in R-2000-04)
Electrical - GAMS (Noted in R-2000-04)
Move Moleon Sign (Noted in R-2000-04)
1 Clock (Noted in R-2000-04)
Trees & Shrubs (Noted in R-2000-04)
Fence (Costs not identified in reports)
4 Corian Panels (Costs not identified in reports)
2 Bronze Plaques (Costs not identified in reports)
15 Amp Breaker (Costs not identi~ed in reports)
External Modem (Costs not identified in reports)
Cement
Miscellaneous Expenses
Subtotal
Total
PST
Expense Portion of GST
18,432.00
3,200.00
62,200.00
10,000.00
2,000.00
$9S,832.00
10,816.00
3,546.58
5,500.00
1,950.00
3,170.00
2,300.00
7,200.00 ~
220.00
150.00
150.00
2,511.50
2,143.70
$39,6S7.78
$135~489.78
9,506.37
4~000.65
$148.996,~0
~ Adele Kon - Millennium Project.wpd Page
FUNDING
Sponsorships from the Community
Main Street Ontario Grant
City of Niagara Falls
$ 69,968.00
$ 35,500.00
$ 43~528.5Q
$148.996.50
The (::ih/of
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
wet} site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon~city.niagarafalls.on.ca
April 23, 2001
Adele Kon
Director
R-2001-16
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario.
Members: Re: R-2001-16
2001 Parks and Athletic Fields Schedules
RECOMMENDATION:
That the Schedules for Special Events and Regular Use of Parks, Athletic Fields, and School
Grounds, be approved by City Council.
BACKGROUND:
In accordance with City Policy, applications were requested by all persons or organizations requiring
use of Municipal Athletic Fields, to make Application, in writing, to Parks, Recreation & Culture.
On Tuesday, April l0th, 2001, all interested organizations and individuals were invited to attend a
meeting to review the proposed schedules. As a result of this meeting and subsequent discussion,
a general agreement was reached regarding the schedules.
Pe]xnits for the use of the Parks, Athletic Fields and School Grounds will he issued.
Recommended by:
Adele Kon,
Director of Parks, Recreation & Culture.
Approved by:
[ / John MacDonald,
~,/ Executive Director of Community Services.
S Hamilton/ds
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
Working Together to Serve Our Communffy
Municipal Works Fire Services Parks, Recreation & Culture Business Development