2001/05/14 MEETING
Monday, May 14, 2001
From 5:00 p.m. to 6:00 p.m.
City Hall, Committee Room #2A & B
1)
2)
3)
a)
b)
c)
0
h)
4)
5)
Approval of the 2001 04 23 Community Services Committee Minutes.
DEPUTATION:
Agostino Menna - Community Education Group of Niagara
REPORTS:
MW-2001-55-
MW-2001-61-
MW-2001-63-
MW-2001-64-
MW-2001-66-
BBS-2001-15-
R-2001-17-
R-2001-19-
Municipal Works Construction Section Rate Increases
Municipal Services Improvement Project Wiens Plan
of Subdivision - St. Patrick, St. George, Brock &
McMicking Streets
Appointment of Consukant - Rolling Acres Storm
Sewer Crossing of QEW
Tender #3-2001 - Tenbec Dust Suppressant
Development Agreement - Willoughby Road Extension
Testamentary Devise Lots (Frank LaPenna)
The Keeping of Domestic Animals
Summer Ice Schedule
Agreement between the City of Niagara Falls and
N-TEC - Ker Park
IN-CAMERA
R-2001-18 - Purchase of Properties
ADJO URNM£NT:
Staff Contact:
E. Dujlovic
E. Dujlovic
E. Dujlovic
E. Dujlovic
E. Dujlovic
S. Wheeler
A. Kon
A. Kon
A. Kon
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
MONDAY, April 23, 2001, CITY HALL, ROOM 2 AT 4:00 P.M.
PRE/ENT:
,~B./ENT:
/'I',~FF:
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 Carolynn Ioannoni, Alderman Norm Puttick,
Alderman SelMa Volpatti
Ed Lustig
John MacDonald, Ed Dujlovic, Adele Kon, Tony Ravenda, Ken
Burden, Woody Wagg, Lee Smith, Ray Kallio, Marianne Tikky
(Steno)
PRE-fl: Mr. Corey Larocque - Niagara Falls Review, Rob McGregor - CHRE
1) MINUTE/'
It was moved by Alderman Hendershot, seconded by Alderman Craitor that the
minutes of the April 23, 2001 Community Services Committee Meeting be approved.
Motion: Carried
Actiom Recommendation submitted to Council 2001 04 23
2) REPORT./'
a) BBS-2001-10 - Sign Variance - 5888 Thorold Stone Road
It was moved by Mayor Thomson, seconded by Alderman Volpatti that Council
approve the variance to allow a portable sign at 5888 Thorold Stone Road.
Motion: Carried
Action: Recommendation submitted to Council 2001 04 23
b) BBS-2001-11 - Coronation Centre Request for Sign Variance
It was moved by Mayor Thomson, seconded by Alderman Volpatti that Council
approve the request for the Greater Niagara Senior Citizens Association to place a
Minutes 2001 04 23 -2-
ground sign on municipal property, at the Coronation Centre on Main Street, Niagara
Falls.
Conflict:
Motion:
Action:
Alderman Fern
Carried
Recommendation submitted to Council 2001 04 23
c) BBS-2001-12 - 5020 Centre Street Request for Projecting Sign Variance
Alderman Hendershot addressed staff as to when will the existing by-law be
rewritten.
John MacDonald advised Council that the rewrite for the by-law is some months
away.
It was moved by Mayor Thomson, seconded by Alderman Volpatti that Council
approve the variance to the sign by-law for the application for a projecting sign at 5020
Centre Street, for Rock World Legends.
Conflict:
Motion:
Action:
Alderman Feren
Carried
Recommendation submitted to Council 2001 04 23
d)
MW-2001-53 - Consulting Services for the Construction and Calibration of a
Dynamic Water Model
It was moved by Mayor Thomson, seconded by Alderman Volpatti that 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.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 23
e)
MW-2001-54 - Water Feature in Front of Rainforest Caf~
North Side of Clifton Hill
It was moved by Alderman Hendershot, seconded by Mayor Thomson that the geyser
water feature be allowed to be partially located on the City's sidewalk areas and that an
encroachxnent agreement be entered into with all costs associated with the water feature
be borne by the developer.
Minutes 2001 04 23 -3-
Motion: Carried
Action: Recommendation submitted to Council 2001 04 23
f)
R-2001-14 - Encroachments - Balmoral Park
Mayor Thomson advised Council that this problem has been there for years,
fence (A2) and the fence (Al) is constructed of quality material at the
homeowners expense and enhances the park. Mayor Thomson suggested
leaving the fences as is at 6474 Balmoral Avenue and asking the homeowner at
6464 Balmoral Avenue to remove the concrete stones (B1) from City property, the
shed is located on the homeowners property.
Alderman Ioannoni advised Council that a public meeting was held dealing with
homeowners whose properties encroach on City property. It was the general
feeling that if the by-law was not enforced that residents would continue to
encroach on City property.
Alderman Hendershot advised Council that he is not in favour of encroachment,
but is not in favour of the property owner in the above report removing the
existing fence. The fence {Al) certainly enhances the park side.
Alderman Volpatti advised Council that if the fence was allowed to remain
would the City be setting a precedence. Could staff accommodate the
homeowner in other ways?
John MacDonald advised Council that Alderman Volpatti's statement is correct,
even though the fence may enhance the park it is still encroachment, staff and
Council need to go by a set of guidelines which allows staff to answer yes or no
to encroachment issues. If we do not, then staff will still approach homeowners
with encroachment and each homeowner will have to be assessed on an
individual basis which means allowing them to voice their opposition.
Alderman Puttick advised Council that he supports the motion, and questioned
where do we make the dividing line.
Alderman Wing advised Council that she supports the motion. How do we tell
the residents who have encroached in the past and were forced to remove the
obstruction that it's o. k. for some and not for others?
Minutes 2001 04 23
It was moved by Alderman Volpatti, seconded by Alderman Ioannoni that the
property owner of 6474 Balmoral Avenue be ordered to remove both his side and rear
yard fence from City property and the property owner of 6464 Balmoral Avenue be
ordered to remove the rear yard patio stones from City property.
Opposed:
Mayor Thomson
Alderman Hendershot
Alderman Craitor
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 23
g)
R-2001-15 - Approval Process for Community Projects Requesting City
Pa~h~ership
It was moved by Alderman Puttick, seconded by Alderman Volpatti that the attached
policy outlining the approval process for community projects be approved.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 23
h) R-2001-16 - 2001 Parks and Athletic Fields Schedules
It was moved by Alder'man Volpatti, seconded by Alderman Fisher that the schedules
for special events and regular use of parks, athletic fields, and school grounds, be
approved by City Council.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 04 23
3)
a)
b)
NEW BUSINESS:
Alderman Feren advised staff of the poor road conditions along Garner Road to
the Niagara Falls Golf Club
Ed Dujlovic advised Council that City staff is aware of the road conditions due to
heavy truck traffic which this road was not made to b~tndle. Staff is doing what
they can to repair the road on a limited budget.
Alderman Feren addressed Council with concerns regarding the half-finished
structure on Stanley Avenue across from the Visitor and Convention Bureau.
Minutes 2001 04 23
c)
-5-
Mayor Thomson advised Council that the issues stalling construction have been
resolved and construction will soon be underway.
Alderman Fisher advised staff that residents are calling with complaints of car
damage due to the poor road conditions in her riding. What should these
residents do?
d)
e)
Ed Dujlovic advised Council that the Niagara Parks Commission has committed
funds to repairing the roads and directed Alderman Fisher to have residents file
a complaint with the City.
Alderman Campbell addressed the issue of Leaf and Yard Waste pickups.
Ed Dujlovic advised Council that leaf and yard waste is not collected as part of
the tlxree container limit. Leaf and yard waste is collected every two weeks on
your recycle day by a separate truck and the amount of leaf and yard waste is
unlimited. Leaf and yard waste must be in clear or orange bags or in an open
container no more than fifty pounds.
Alderman Campbell expressed concern with regard to the building at the comer
of Victoria Avenue and Highway 420, "it's an eye soar."
Ed Dujlovic advised Council that staff would investigate what the Ministry of
Transportation plans is for this area and report back.
Alderman Puttick questioned staff as to how much are the fines for illegal
dumping.
Ed Dujlovic advised staff that he was unsure of the exact number but would have
staff investigate and report back. Ed also noted that the difficulty is in catching
people in the act of dumping to enforce the fine.
Alderman Craitor advised Council that he has received numerous phone calls
regarding tagged garbage and missed pick ups. The residents are getting
frustrated which may lead to more illegal dumping. Alderman Craitor
questioned if the contractor could be more flexible giving people time to adjust
to the changes.
Ed Dujlovic advised Council that he will pass on Council's concerns to the
Region and directed Council members to have their constituents call the
Regional Hot Line number as the contractor will return for any missed pickups.
If this trend continues, staff will make a report to the Region.
Minutes 2001 04 23
-6-
g)
Alderman Feren advised Council that the parking lot across from the Boat Club
in Chippawa has large vehicles (R.V.'s, School Buses, etc.) parking there and
questioned staff if a sign could be posted to restrict vehicles from parking in this
area.
4)
Alderman Fisher requested that the docks be moved into place as boaters are
now putting their boats in the water.
ADJOURNMENT
Meeting was adjourned moved by Alderman Feren, seconded by Alderman
Fisher at 4:28 p.m.
Community Education Group of Niagara
5017 Victoria Ave.
Niagara Falls, Ontario
L2E 4C9
905-351-8i 12
ceg~connecmiagara, corn
May 1, 2001
Dear Mrs. Kon,
Community Education Group of Niagara has received a grant from Green Communities
Association of Ontario (GCA) to run a campaign promoting pesticide-free use in Niagara
Falls. The grant is for $4,000 and will be used to hire a summer student. We will be
going door-to-door educating households on organic fertilizer as an alternative to
chemically applied fertilizers. Each household will be leR with an information kit and
sign to place on their front lawn.
The campaign is short signs and kits and needs $1,500 to purchase 500 from GCA to
carry out our promotion of pesticide-free use. I am asking the City for a grant of $1,500
to help us promote this worth while campaign.
~ Attac~hmeht
EOo~O~4~4tJNITY
Community Education Group of Niagara in Niagara Falls will host the
"Pesticide-Free" project. The funding for this project came from Green
Communities Association (GCA). GCA are community-based non-profit
organizations that help to build sustainable communities through activities
that:
· Conserve resources (energy, water, waste)
· Prevent pollution
· Protect greenspace and natural ecological processes
GCA form partnerships to deliver a range of results-oriented programs,
services, and projects. Activities are locally determined and, they vary
considerably on local needs, opportunities, and profiles.
Benefits include environmental improvements, job creation, business
opportunities, utility bill savings, and infrastructure savings. In short:
sustainable development.
Community Education Group (CEG) main purpose is to instill the spirit of
community building as a way to build confidence and purpose in
individuals. The group deals with various community sectors to promote
the spirit of entrepreneurship in community initiatives. It is a non-profit
organizations and seeks funding from various governments, foundations and
corporations.
Pro_iect Outline
Community Education Group of Niagara will deliver the "Pesticide-Free"
project. The purpose of this project will be to reduce the use of pesticides
in homes, gardens, and public greenspaces.
Project Activities
· Share information on natural pest-control methods for the home
and garden
Hold public forums to discuss exposure risks and alternatives to
pesticides; invite users (farmers, parks departments, golf course
managers, lawn care companies, school board trustees, municipal
politicians)
· Implement a lawn and garden visit program and/or information kit
to advise people on organic methods
· Collect pledges to reduce pesticide use
· Distribute pesticide-free lawn signs
· Lobby for pesticide use restriction by-laws
· Support local initiatives to promote organic food through
community gardens or community shared agriculture projects
Contact Information
Agostino Menna
5017 Victoria Ave.
Niagara Falls, Ontario
ce~connectniaeara.com
905-351-8112
The Oily of
.iogoro Fo,s
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwksi~city.niagarafalls.on.ca
Ed Dujlovlc, P. Eng.
Director
MW-2001-55
May 14, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MV~-2001-55
Municipnl Works
Construction Section Rate Increases
RECOMMENDATION:
That Council approves the rate increases as set out in this report for sidewalk and curb replacement
and that the municipal works fee schedule be revised accordingly.
BACKGROUND:
The Municipal Works Construction Depathuent is responsible for concrete repairs and alterations to
City curbs and sidewalks. Any resident wishing to have a driveway entrance or sidewalk altered must
contact the Construction Supervisor who wilt inspect the site and give an estimate of the cost to
perform the work. The estimate of the work is based on the rates established in the Municipal works
fee Schedule.
Staff is proposing to increase the present rotes as follows
Saw cut Concrete Curb
Present Rate
$39.36 / LM $50.00 minimum
Proposed Rate
$50.00~ LM $65.00 minimum
Concrete Curb Repairs
Present Rate
$65.00/LM $50.00 minimum
Proposed Rate
$80.00/LM $65.00 minimum
Concrete Sidewalk Repairs
Present Rate
$43.06/SM $50.00 minimum
Proposed Rate
$55.00/SM $65.00 minimum
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreafion & Culture Business Development Building & By-Laws
MW-2001-55 - 2 - May 14, 2001
Past increases in labour and material rates have forced the proposed rate increase. The increase in the
conslxuction rates will assist the City in recouping the actual cost to complete the work.
A survey of several area municipalities indicted that the City of Niagara Falls was charging below the
average for similar work carried out by the municipalities surveyed. The increase in fee rates moves
the City of Niagara Falls closer to the rates charged by St. Catharines and Thorold.
Council's favourable consideration with the recommendations in this report would be appreciated.
Pj:epyred by: ,// ~
Manager of Building Services
Director of Municipal Works
.~. tfully Submitted:
Edward P. Lustig,
Chief Administrative
Approved by: .
///John MacDonald,
//Executive Director of Community Services
/sc
Niagara Falls
I -
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city,niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
Geoff Holman
Manager of Development
MW-2001-6t
May 14, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re-'
MW-2001-61 - Municipal Services Improvement Project
Wiens Plan of Subdivision
St. Patrick/St. George/Brock/McMicking Street
RECOMMENDATION:
It is recommended that the City proceed with the cost sharing proposal to reconstruct the existing
roadways abutting the proposed Wiens Plan of Subdivision to an acceptable urban standard using
available funds form past and current developer con~butions, Expansion and Renewal Reserves and
Development Charges.
BACKGROUND:
The City of Niagara Falls Planning and Development Department has received an application to
develop nineteen (19) single family lots on a vacant parcel of land bordered by St. Patrick Avenue,
St. George Avenue, Brock Street and McMicking Street. (see attachment "A")
Municipal Works, in their review of the application have identified this oppommity to extend proper
storm sewers to areas that are currently serviced with combined sewers which are prone to flooding
during major storm events. Staff has also received requests from neighbours in the immediate area
to consider reconstructing the roadway to a full urban standard (ie: curbs, sidewalks) as opposed to
a semi-urban standard (ie: gravel shoulders, ditches) that exist in this areo~
Development Section Staff directed the developer's consultant to prepare a conceptual design and
cost estimate reflective of the neighbours' comments and arranged a meeting on April 26, 2001 to
review the proposal (see attachment "B"). The design of the roadways was generally acceptable to
the residents who attended with the exception of the proposed relocation of the sidewalk from the
west side of St. George Avenue to the east side (subdivision side). A second meeting on-site was
arranged on May 3, 2001 to review specific issues with the St. George Avenue residents.
Once the design issues were resolved, the only outstanding matter involved the financing of the
City's share of the project cost.
Working Together to Serve Our CommuniO~
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
2001-05-14 -2 - MW-200'I-61
PURPOSE OF THE REPORT:
The purpose of this report is to consider the cost sharing proposal for the project and to obtain the
Council's direction to include these calculations into the subdivision agreement.
In the past, the City has initiated capital works projects under the authority of the Local Improvement
Act for those residents wishing to upgrade the infrastructure immediately adjacent to their property.
In this case, due to contributions made from previous development (ie: Black Subdivision) and the
exemptions that would apply to existing properties when using the Local Improvement Act
calculations, it is more beneficial to all parties to proceed us'rog alternative sources of funding.
Under the Local Improvement Act calculation, only four (4) of the seventeen (17) properties would
be required to pay for improvements and their share would be less than $4,000.00 in total. For this
reason staffis recommending that we not proceed by Local Improvement and have negotiated a cost
sharing proposal using existing development related reserves.
The cost for servicing the subdivision itself will be the responsibility of the developer. In addition,
it is proposed that the developer be financially responsible for approximately 30% ($149,096.32) of
the cost of upgrading the roads, storm sewers and other adjustments to existing services attributable
to the new construction. The City's share ($348,655.68) is proposed to be funded from the following
sources;
Prepaid Subdivision Reserve
Development Charges (urban service portion)
Expansion and Renewal Fund
$ 87,165.00
$ 46,925.00
$214.565.00
Total $348,655.00
If this cost sharing arrangement is acceptable to the Council and the conditions of the Draft Plan of
Subdivision are satisfied this Spring, it is expected that construction will proceed this Summer and
be completed (up to base asphalt) within 8 - 10 weeks.
Staff will also be examining the condition of St. George Avenue between Stamford Green Drive and
Brock Street to determine if this road section should be resurfaced at the time the other reconstructed
roads in this project are paved (likely to be in the Spring of 2002). In addition to the comments
received by staff at the residents meetings there have been four (4) letters (see attachment "C")
submitted by concerned residents for your review.
The foregoing proposal generally represents an acceptable solution to all the affected parties and
addresses the future needs of the community while satisfying previous commitments to provide a
proper standard of urban services to this area~
2001-05-14 -3 -
The Committee's consideration of this recommendation is appreciated.
Geoff Holman
Manager of Development
Respectfully Submitted by:
Edward P. Lustig
Chief Administrative OffiCer
MW-2001-61
Reco ended by:
Ed Di~jlovic, P.Eng.
Director of Municipal Works
Approved by:
Attach.
GH/mt
Niogclro Foils
I -
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: bdarrall~}city.niagarafalls.on.ca
May l4,2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re.'
MW-200t-63- Appointment of Consultant;
Rolling Acres Storm Crossing of QEW
Ed Dujlovic, P. Eng.
Director
MW-2001-63
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 the design ora new storm sewer crossing of the
QEW at Rolling Acres Drive to the W-5-2 storm water management pond with DELCAN Corporation,
for the upset limit of $32,000.00.
BACKGROUND:
A new storm sewer crossing of the QEW is required due to the under capacity of the existing culvert
crossing and that the elevation of the culvert is too high to utilize the total capacity of the existing
storm sewers serving Rolling Acres Drive and Thorold Stone Road. These problems have resulted in
the City experiencing numerous basement and street flooding events on Rolling Acres Drive.
To accommodate this new storm sewer crossing of the QEW, the City of Niagara Falls reconstructed
the W-5-2 watercourse between 1996 and 1998. The reconstruction included the lowering of the
watercourse and installation of a storm water management pond adjacent to the QEW.
During this period of time the City attempted to get the MTO to construct the new storm sewer in
conjunction with the realignment of the Thorold Stone / QEW ramps or replacement of the Thorold
Stone Road bridge. The replacement of this culvert was not included with these projects.
Therefore, to alleviate the flooding problems on Rolling Acres Crescent, it is recommended that the
City install a new storm sewer crossing of the QEW.
Due to the poor soil conditions in this area and the complexity of crossing the QEW, in this proposal
the consultant would be required to prepare alternative preliminary designs, liaison with the MTO,
prepare final engineering design drawings, obtain all approvals and the tender documents.
}Forking Together to Serve Our ComtnuniO~
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
2001-05-14 -2 - MW-2001-63
As per the City's Consultant Selection Policy, direct appointment for design work up to $60,000,
DELCAN Corporation has been selected to complete this work. Previously, they have successfully
completed similar jobs for the City, Region and MTO.
The consulting services and construction costs were included in the 2001 Capital Budget.
Your concurrence with the above recormnendation would be appreciated.
Prepared by: ~
Bob Darrall, C.E.T.
Project Manage
Director of Municipal Works
R~w~Ctfully submitted by:
d P. Lustig
Chief Administrative
Approyed by: ~t
//' Executive Director of Community Services
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~}city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-64
May l4,2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niag~ar~ Falls, Ontario
Members:
Re:
MW-2001-64
Tender#3-2001
Tembec Dust Suonressant
RECOMMENDATION:
It is recommended that Staffbe authorized to purchase approximately 350 tonnes of Tembec at a cost
of $111.37 per toune, (26.5%) and $128.85 per tonne (35%) with an option for a two-year extension.
BACKGROUND:
The 350 tounes of Tembec are intended for use as a dust control agent on our rural roads.
The 26.5% Tembec concentration has been used in the past. Since 1997 the 35% Tembec
concentration has been used on heavier travelled roads to provide greater road stabilization.
Marine Clean Ltd. was the sole bidder. The costs represent an increase of 13.3% for the 26.5%
Tembec and 9.9% for the 35% Tembec. This is the first increase since 1998. The increase is due to
product cost as well as fuel costs. Sufficient funds have been budgeted for this activity.
Council's concurrence with the above recommendations would be appreciated.
Operations Superintendent
Approved by:
John MacDonald,
Executive Director of Community Services
Director of Municipal Works
ctful~ubmitted by~x
/sc
Municipal Works
Fire Services
Working Together to Serve Our Community
Parks, Recreation & Culture Business Development
· Building & By-Laws
The City of ~l~l~,
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls. ON L2E 6X5
web site: www.citymniagarafalls,on,ca
Tel: (905) 356-7521
Fax: (905) 356-2354
Geoff Holman
Manager of Development
MW-2001-66
May l4,2001
AldermaffVrctor Pietrangclo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-66 - Development Agreement - Willoughby Road
Extension Testamentary Devise Lots (Mr. Frank LaPenna)
RECOMMENDATION:
It is recommended that the City enter into a development agreement for the improvement of
Willoughby Road in order to provide access to two building lots created by testamentary devise.
BACKGROUND:
Earlier this year, Municipal Works staff were approached by Mr. Frank LaPeuna, the owner of Lots
17 and 18 (see attachment "A") requesting permission to conslxuet new homes on these parcels of
land. These lots, created through testamentary devise front onto an unopened portion of Willoughby
Drive and in order to allow the issuance of Building Permits a number of conditions need to be
satisfied. In particular, they include the following legal, planning, building and engineering matters:
Legal Department
Supply a deed of good title for the subject lands to the satisfaction of the City Solicitor.
Execution of an agreement with the prospective owner's releasing the City from any
obligation to provide urban municipal services (sewers, water, parks, etc.)
Planning Department
Confirmation that the lots satisfy the requirements of the Zoning bylaw for tot frontage and
lot arem
Confn'mation that the lots will have frontages on an improved street within the meaning of
the City's Zoning bylaw.
Con_fa'marion from the Regional Municipality of Niagara that the lots comply with the
Regional Policy Plan specifically with respect to the Minimum Distance Separation Formula
of the Agricultural Code of Practice.
Working Together to Serve Our Community
Municipal Works Fire Sen4ces Parks, Recreation & Culture Business Development Building and By-Laws
2001-05-14 -2 - MW-200~-66
Building Department
Confirmation from the Regional Health Services Department that the lots can be
satisfactorily serviced by private water and sewage disposal facilities.
Payment of the applicable Development Charges (Region and City).
Clearance from the Niagara Peninsula Conservation Authority that the subject parcels are
located outside identified flood plain areas.
Municipal Works
Ex~ec~tion of an agreement for the construction of Willoughby Road to ~n acceptable rural
road standard.
Purpose of This Report:
The purpose of this report is to consider the terms and conditions of the required agreement
governing the construction of approximately 122 m (400 fi) of granular base roadway (see
attachment "B"). The agreement will also include paymem for the owner's proportional share of the
cost of surface treating, which will be completed under the City's annual Surface Treamaent Contract
at a suitable time.
A copy of this agreement is attached to the corresponding bylaw also under consideration on this
evening's agenda.
The Committee's consideration of this recommendation is appreciated.
Manager of Development
Ed Dujlovic, P.Eng.
Director of Municipal Works
~dh~Ve~rAd Pd~iLnTti&ve O ~ce/
Approved by:
~°xehncuMti;c21~i;alctdor o f Community Services
T~ 14
Plannin~l & Development
Proposed Lot Configuration
Niogoro Foils
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-2001-15
Mel Brown,
Director
May l4,2001
Aldermma Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
BBS-2001-15
The Keeping of Domestic Animals
RECOMMENDATION:
For the information of Council and the Community Services Committee.
BACKGROUND:
The City of Niagara Falls By-Law staffhas received complaints over the years regarding the keeping
of domestic animals, such as chickens, rabbits, pigeons and geese within the urban areas of the City.
Recently, Alderman Volpatti raised a specific complaint concerning the keeping of chickens. Staff
has investigated these complaints in conjunction with the Health Department. If the animals are not
used for commercial purposes, and are kept in a clean and sanitary manner, residents are within their
rights to keep such animals. Staffhas discussed the situation with the owner of the chickens that was
recently brought to Council's attention, and the owner is reducing the number of roosters being kept
in an attempt to satisfy the complainant's concerns.
In 1993 Council passed a by-law to prevent large animals (see schedule "A") fi.om running at large.
These animals may be impounded and the costs charged back to the owner. The Hmnane Society
currently enfomes this by-law. As well, in 1995 Council passed a by-law to prohibit the keeping
of exotic animals (see schedule "B").
Staff has canvassed other local municipalities such as Welland, St. Catharines and Fort Erie to
determine their position on similar concerns. All of these municipalities currently address this
situation either through their zoning by-law or through a specific animal by-law, which prohibits or
restricts the keeping of such animals.
Staff has also canvassed the Health Department which has confirmed that they receive numerous
complaint throughout the year regarding the keeping of domestic animals other than dogs and cats.
Working Together to Serve Our CommunRy
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services
-2- BBS-2001-15
The MunicipalAct gives Council the authority to pass a by-law to prohibit or regulate the keeping
of animals or any class thereof within the municipality or defined areas thereof and the number of
animals that may be kept by any person. [210:~1. Council may wish to consider utilizing this section
to permit staff to act upon these complaints.
//S/de Wheeler
i /Manager of By-law Enforcement
Rec~ended by:
Director
Attach.
Approved by:
John MacDonald
Executive Director of Community Services
Re s~-~/ffully Submitted:
Edward P. Lustig )
Chief Administrative OffingS/
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Municipal Works * Fire Services · Parks, Recreation & Culture * Business Development · Building & By-law Services
Schedule "A"
Animals prohibited fi.om being at large or trespassing:
Dogs
Cats
All horses, mares, geldings, mules, asses, donkeys, cows, swines, bulls, oxen, steers, calves, heifers.
All sheep, lambs and goats.
All poultry and geese.
Schedule "B"
Exotic Animal classes prohibited within the City of Niagara Falls.
All venomous arachnids (such as spiders, scorpions and tarantulas)
All canids (such as wolves and coyotes) except domestic dogs
All crocodilians (such as alligators and crocodiles)
All felids (such as lions, tigers and cougars) except domestic cats.
All venomous reptiles.
All snakes of the families Pythonidae and Boidae (such as pythons and boa constrictors)
All ursids ( such as bears)
Examples of animals of a particular class are given in parentheses. They are examples only and shall
not be construed as limiting the generality of the class.
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 'IG9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon~city.niagarafalls.on.ca
Adele Kon
Director
R-2001-17
May 14, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-17
Summer Ice Schedule
RECOMMENDATION:
That the Schedule for the use of Summer Ice Hours at Jack Bell Arena be approved by City Council.
BACKGROUND:
In accordance with City Policy, all organizations submitted completed application forms to request
summer ice time.
On Wednesday, May 9, 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 schedule.
R-2001- 17 - 2 - May 14, 2001
Upon Council's approval, permits for the use of Summer Ice at Jack Bell Arena will be issued.
Director of Parks, Recreation & Culture
Approved by:
// John MacDonald
td' Executive Director of Community Services
AK/das
R.~p~ectfully Submitted:
Chief Executive Officer
S:[Coun¢il\Coun¢i12001'&.-2001-17.wpd
Niagara Falls
I -
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-2001-19
May 14, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-19
Agreement between City of Niagara Falls
and N-TEC - Ker Park
RECOMMENDATION:
That the City enter into an agreement with N-TEC for the use of Kef Park property currently owned
by N-TEC and that the Mayor and City Clerk be authorized to sign the agreement.
BACKGROUND:
The District School Board of Niagara has recently sold the property it owned at 3470 Sinnicks
Avenue. This property was comprised of the M. L. Townsend Centre ( now renamed the Don L.
Reilly Centre) and approximately 5 acres of land. The School Board had been leasing the property
for several years to Niagara Support Services (NSS). The property has been purchased by Niagara
Training & Employment Agency (N-TEC) which is an affiliate organization that is closely linked
to NSS.
The 5 acres of property includes the smaller of the two soccer pitches at Ker Park. This pitch
(referred to as Kef #2) has been permitted by the Parks, Recreation & Culture office for many years
without any formal agreement with the District School Board of Niagara and its predecessor, the
Niagara South Board of Education. There has been an unwritten understanding that the pitch would
be maintained by the City and that the City could in turn permit it to soccer groups.
Working Together to Serve Our CommuniO;
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-19 -2- May l4, 2001
N-TEC contacted the Parks, Recreation & Culture office to advise of the change in ownership and
to request a formal written agreement. N-TEC is agreeable to allowing the City to continue
permitting the soccer pitch for community groups. In exchange, the new owners request that City:
1. continue to maintain the soccer pitch;
ensure that N-TEC is indemnified from liability for any loss as a result of permitted use of
the field; and
3. maintain an area of property adjacent to the soccer pitch that is owned by N-TEC.
N-TEC has agreed to a 20 year lease with the option of discontinuing the arrangement within 60 days
written notice. The Legal Department is currently drafting an agreement and is waiting on a survey
and reference plan that is being completed by Matthews & Cameron. It is expected that this
agreement will be finalized with N-TEC within the next two weeks.
Permitted use of the soccer pitch by the Niagara Falls Girls Soccer Club is scheduled to commence
on May 22, 2001. It is important that the use of this field not be disrupted for the beginning of the
soccer season. However, they will not be permitted to use the field until the agreement with N-TEC
has been finalized.
Recommended by: ~
Director of Parks, Recreation & Culture
Approved by:
// John MacDonald
Executive Director of Community Services
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer/
S:\Coun¢il\Coun¢i12001'~R.2001-19.wpd