2001/06/1121
MEETING
Monday, JUne 11, 2001
From 4:00 p.m. to 4:45 p.m.
City Hall, Committee Room #2A & B
Approval of the 200t 05 14 Community Services Committee Minutes.
DEPUTATION:
a) John Corney- Proposed Sidewalk Realignment
8105 Ckation Drive
b) Ben & John Ella-
6474 Balmoral Avenue
Fence Encroachment onto City Property
PRESENTATION
Mike Watt - Mountain Road
Walker Industries
3)
a)
REPORTS:
MW-2001-67
Ma~-2001-74
MW-2001-77
MW-2001-82
R-2001-23
R-2001-24
R-2001-27
FS-2001-02
Site Servicing Agreement Between the City of
Niagara Falls and Canadian Niagara Hotels Inc. -
Mewburn Road @ Mountain Road
Roberts Street Property Purchase
Bus Loading Zones - No Stopping Restrictions
Temporary Measures for Dram Street &
Fallsview Boulevard
Sewer Surcharge Relief Program
Capital Campaign Feasibilky Study for
Community Centre
Servicing Assessment and Locational Analysis
for Community Centre Sites
Purchase of Kabota Tractor & Mower
Repair of Fire Apparatus
IN-CAMERA
Staff Contact:
Ed Dujlovic
Ed Dujlovic
Ed Dujlovic
Ed Dujlovic
A. Kon
A.Kon
A. Kon
P. Corfield
Ed Dujlovic
AD_lO URNMENT:
N 0oi* -
_ _] 3l 2OOl
Your Worship Mayor Wayne Thomson and members of Niagara Falls City
Council:
Our family has resided at 6474 Balmoral Ave in the City of Niagara Falls for
the past 35 years. We have been informed recently that our 6' high, pressure
treated lumber fence was encroaching onto City lands and must be removed.
Obviously, the fence, which was built 27 years ago was inadvertently placed
and after receiving the land survey from Matthews and Cameron (legal
surveyors), it was found to be 2'3" over on the west side and .075' to 1.15'
over on the south side.
In 1969, our family purchased a portion of property from the Corpbration of
the City of Niagara Falls which was then developed into the home we grew
up in. The fence in question, located on this parcel of land, was constructed
with great care and pride and if anyone wishes to drive down to Balmoral
Ave, I'.m sure you would agree. This fence is a showpiece to the opening of
the new Balmoral Park entrance and blends into the new surroundings quite
well. I mention the word "new" as the old surroundings prior to the erection
of our fence told a different story.
The property adjacent to our home was nothing short cfa landfill, with
many contractor's trucks driving down the street at n!ght to dump illegally.
There were numerous times our family would chase people away, unsure as
to what was being dumped beside our home. Any long-term neighbor of
Balmoral Ave would attest to the problems we have stated. Our family
always maintained the grounds surrounding our home, including mowing the
lawn alongside our fence on City property, picldng up litter and broken glass
on a regular basis.
Now, the issue of encroachment troubles my parents, as they by no means
thought their fence was on City property. Please keep in mind you are
dealing with sen/ors who worked.hard in Niagara Falls to support their
family and who are proud to be part of this beautiful city. To ask them to
dismantle a 6' high fence along with ornamental brick pillars and only to
replace with a chain link fence, would be unfair to say the least.
We're sure that many situations as this have and will arise from time to time,
and also believe that each are unique and should be dealt with on an
individual basis. We are asking you to make this situation unique.
You have heard a short history of the property in question and we feel if you'
visit the area you will fred that the destruction of this fence makes no sense
at all.
Please allow us the opportunity to continue to live in harmony with our
friends, family and neighbors who will be visiting our park and ask that you
allow us to keep our fence which we worked so hard to construct.
Yours truly, /
Ben and John Elia
Minutes 2001 04 23 -3-
Motion: Carried
Action: Recommendation submitted to Council 2001 04 23
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 (BI) 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
-4-
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
Partnership
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 Alderman 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:
Actiom
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 handle. 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.
Community Services Department
E-mail:
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www. city.n[agarafalls.on.ca
(905) 356-7521
(905) 356-7404
akon@city.niagarafalls.on.ca
Adele Ken
Director
R-200t-t4
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 Balmoral Aver~ue 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
from 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. Onthe 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". Staffis 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 chainlink 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) a Surveyor Sketch will be required showing the metes
and bounds description; $ 300.
b) the preparation of an Encroachment Agreement by Legal; $ 300.
Total $ 600. + taxes
If Council selects this option, then staffrecommends that the homeowner be responsible for ail costs.
Sell the owner of 6474 Balmoral the City property that he has already taken. This would
include the following:
a)
b)
c)
d)
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- April23,2001
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 by: _~
Adele Kon
Director of Parks, Recreation & Culture
Respectfully Submitted:
Chief Administrative Officer
Approved by:
~e Dir ' '
AK/das
attachments
S:~Council~Counei1200 lkR.-2001-14,wpd
, LEGEND
A. 6474 Balmaral Avenue A-1 Side yard waod fence encroaching 2' - 3"
A-2 Roar yard wood fence encroaching 0' -9"
D~te
B. 6464 Balmoral AvGnue B-1 Roar yard patia stones encroaching 2'-6"
B-2 Garden Shed ap~oxirnately 0~-6" inside properly line
St..~NEYING LIMITED
~Z~.~ S'I'~.I.I. eY AVE. - ~ ~1, N~ F~,
~-~..~. t~,~..~, I~"~.~.~
Re~d R-2001-14
Balmoral Park ~velop~nt
Fence Encr~chment
Appendix A,
Legol Survoy Plon
LEGEND
A, 6474 Balmoral Avenue
A-1 .Side yard wood fence encroaching 2' - 3"
Report R-2001-14 Appendix B.
Balmoral Park Development 6474 Balmoral Avenue
Fence Encroachment Side Yard Fence Encroachment (2'-3'i
A~ound ~he
CoEler
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 properly line
Report R-2001-14
Balmoral Park Development
Fence Encroachment
Appendix C.
6464 Balmoral Avenue
Patio Stone Encroachment
Walker Industries
Mountain Rd/ Beechwood Rd Issue - Fact Sheet
May 2001.
Background
Rationalization of Read system looked at many times over the last ten years.
First study and proposal was initiated by Walker in 1997 and recommended
closing Mountain Rd between Beechwood and ThoroldTownline Rd, supported
by Region.
At public meetings significant res/stance due to concerns about additional traffic
on Garner and "historical" significance of Mountain Rd
Project dropped by Region/Walker.
[] ESR initiated by Region in 2000 to look at alternates, based on poor state of
Mountain Rd pavement.
ca ESR Recommended closing Beechwood Rd and re-building Mountain Rd with re-
designed intersections. Supported by Walker, significant potential aggregate
resource under road allowance and would have eliminated need for another
tunnel.
n Due to objections of Niagara Falls Council about the closure of Beechwood,
Region changed direction and recommended reconstructing Mountain Rd only.
Walker Concerns with Current Alternative
Significant loss of aggregate resource at Mountain/Beechwood Intersection.
rn Loss of Landscape resources at Mountain/ThoroldTo,~aline.
Does nothing to resolve out aggregate operational issues, which were factored
into to original ESR.
n Significant Land requirements.
Walker Alternative
[] New "Mountain Rd" to the south of the current quarry (attached map - $2.6M
Capital Cost)
ca Walker to Design/Build for $1.6m in 2001
rn Land swaps only to accommodate new road, no land acquisition costs.
Alternative Comparison.
Reconstruct Current Mountain Rd "New Mountain Rd"
n Land Acquisition Needed [] Land Swaps Only
ca Cost $2.2m [] Cost $1.6m
Savings of $400,000 to
$600,000 to Region.
ca Beechwood Rd resurfacing, rn Not Required, savings of
estimated at $400,000. $400,000 to Niagara Falls.
~ Loss of Aggregate ca Not an Issue.
Resources.
ca Traffic Issues not ca Significant improvement in
significantly improved traffic flow, north/south.
Expansion of road
(widening) in future easier.
Benefits to Walker Industries
n Small gain in aggregate resources along existing Mountain Rd setback.
Avoid relocation of Crushing Plant in future.
Operational traffic flow in quarry much improved over current situation.
No loss of aggregate, no loss of landscaping.
Project Status/Where Next.
ca Walker Alternative reviewed by Region Staff March 2001.
City of Thorold presentation early May 2001, no concerns, suggested meet with
smaller group of Aldermen.
PLC Meeting April 2001.
City of Niagara Falls presentation
Regional Public Works - June 2001.
Amend ESR.
I(.EY PLAN
N ,T.~.
Figure I
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
MONDAY, MAY 14, 2001, CITY HALL, ROOM 2 AT 5:00 P.M.
PREIENT:
ABJENT:
frAFF:
Chairperson Victor Pietrangelo, Mayor Wayne Thomson,
Alderman Gary Hendershot, Alderman Judy Orr, Alderman
Wayne Campbell, Alderman Shirley Fisher, Alderman Art
Federow, Alderman Janice Wing, Alderman Norm Puttick,
Alderman Selina Volpatti
Alderman Kim Craitor, Alderman Ken Feren, Alderman
Carolynn Ioannoni, John MacDonald, Rob McGregor - CHILE
Ed Lustig, Ed Dujlovic, Adele Kon, Tony Ravenda, Ken Burden,
Woody Wagg, Lee Smith, Ray Kallio, Marianne Tikky (Steno)
PRE~$: Mr. Corey L~rocque - Niagara Falls Review,
1) MINUTE/
It was moved by Alderman Campbell, seconded by Alderman Fisher, that the minutes
of the April 23, 2001 Community Services Committee Meeting be approved.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
2) DEPUTATION
The deputation by Agostino Menna be received and filed.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
3) REPORT/'
a) BBS-2001-15 - The Keeping of Domestic Animals
· Alderman Volpatti requested clarification of the report from staff for the
residents attending.
Ed Dujlovic (in Sue Wheeler's absence) advised Council that this report is
looking for Council's direction on how to proceed with the matter of keeping
domestic animals
Alderman Volpatti is requesting that Council move quickly on this issue and put
a by-law in place to restrict or prohibit the keeping of animals (farm animals)
within the municipality.
Alderman Puttick spoke to the homeowner and the chickens are the
homeowner's hobby.
Residents attending complained on the noise from the 4 - 5 roosters and the smell
from the two dozen chickens. The neighbour next to the property advised
Council that she found rat droppings in her sandbox, and the health department
told her that this is consistent with keeping birds or composting.
Mayor Thomson advised Council that the homeowner has reduced the number
of roosters and that this matter should be handled by the Humane Society.
Alderman Wing advised Council that the Humane Society would like Council to
setup a Committee to limit the number of animals per residential household.
The Humane Society feels that a Committee from the City would be more
effective.
It was moved by Alderman Wing, seconded by Alderman Fisher that the issue of
keeping animals in residential areas be referred to the Humane Society to investigate
and report back.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 05 14
b) MW-2001-55 - Municipal Works Construction Section Rate Increases
It was moved by Alderman Volpatti, seconded by Alderman Fisher that Council
approves the rate increKses as set out in this report for sidewalk and curb replacement
and that the municipal works fee schedule be revised accordingly.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 05 14
c)
MW-200141 - Municipal Services Improvement Project Wiens Plan of
Subdivision - St. Patrick/St. George/Brock/McMicking Streets
It was moved by Mayor Thomson, seconded by Alderman Campbell that the City
proceeds 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/rom past and current developer contributions, Expansion and Renewal
and Development Charges.
Motion:
Acton:
Carried
Recommendation Subrnitted to Council 2001 05 14
d)
MW-2001-63 - Appointment of Consultant
Rolling Acres Storm Crossing of QEW
It was moved by Mayor Thomson, seconded by Alderman I-Iendershot that the City of
Niagara Falls enters into a Consulting Services Agreement for the design of a 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 o£ $32,000.
Motion:
Action:
Carried
Recommendation submitted to Council 2001 05 14
e) M~r-2001-64 - Tender #3-2001 - Tembec Dust Suppressant
It was moved by Mayor Thomson, seconded by Alderman Campbell that staff be
authorized to purchase approximately 350 tonnes of Tembec at a cost of $111.37 per
tonne, (26.5%) and $128.85 per tonne (35%) with an option for a two-year extension.
Motion:
Acton:
Carried
Recommendation submitted to Council 2001 05 14
MW-2001-66 - Development Agreement - Willoughby Road
Extension Testamentary Devise Lots (Mr. Frank LaPenna)
Alderman Fisher questioned staff as to who is paying to construct this unused
road.
Ed Dujlovic advised Council that the owner will build ~he road and incur the
cost.
Alderman Federow questioned staff with the problem of water drainage.
Ed Dujlovic advised Council that the owner must conform to all standards set
forth by the City and incur the cost.
It was moved by Mayor Thomson, seconded by Alderman Hendershot that the City
enters into a development agreement for the improvement of Willoughby Road in order
to provide access to two building lots created by testamentary devise.
Conflict: Alderman Pietrangelo
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
g) R-2001-17 - Summer Ice Schedule
It was moved by Mayor Thomson, seconded by Alderman Campbell that the schedule
for the use of Summer Ice Hours at Jack Bell Arena be approved by City Council.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
h) R-2001-19 - Agreement between City of Niagara Falls and N-TEC - Kef Park
It was moved by Mayor Thomson, seconded by Alderman Fisher that the City enters
into an agreement with N-TEC for the use of Ker Park property currently owned by N-
TEC and that the Mayor and City Clerk be authorized to sign the agreement.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
4) NEW BU/I NEf$:
It was moved by Alderman Wing, seconded by Alderman Volpatti that the City
establishes a Committee to limi~c the number of domestic animals per household in
residential area.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
5) IN-CAMERA
It was moved by Alderman Puttick, seconded by Alderman Hendershot that
staff be authorized to begin negotiations for property purchase.
Motion: Carried
Action: Recommendation submitted to Council 2001 05 14
6) ADJOURNMENT
Meeting was adjourned moved by Alderman Fisher, seconded by Alderman
Federow at 5:53 p.m.
'The CJt~/of
Niagara Falls ~JL
Community Services Department
Municipal Works
43'10 Queen Street
P.O, Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.n[agarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
Ed Dujlovic, P. Eng.
Director
MW-2001-67
June 11, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Fails, Ontario
Re~
MW-2001-67 - Site Servicing Agreement betweeti
the City of Niagara Falls and Canadian Niagara
Hotels Inc. - Mewburn Road ~ Mountain Road
RECOMMENDATION:
It is recommended that the City enter into an agreement with Canadian Niagara Hotels Inc.
concerning the future improvements to Mewburn Road across the frontage of the proponent' s lands
and to receive a dedication of land on which the Mewbum Road Sanitary Pumping Station is
currently located.
BACKGROUND:
The Niagara Falls Committee of Adjustment, at their meeting of April 10, 2001 considered and
approved an application (file No. B21/2001/NF) from Canadian Niagara Hotels Inc. to sever a
0.836 ha, parcel of land fronting on Mewbum Road for the purposes ora future 24-unit townhouse
development (See attachment "A"). The approval was granted subject to six conditions, two of
which are the focus of this report. Condition number one requires the applicant to enter into the site
servicing agreement with the City regarding improvements to Mewbum Road.
While it is likely that the townhouse portion of this project will proceed in the near future there are
still some outstanding access and traffic issues that need to be resolved for the commercial block.
In addition, a number of residents living in this area expressed concerns about how Mewburn Road
will be designed to function after this development occurs. For this reason staffhas proposed that
the physical improvements to Mewbum Road be deferred until these answers are available but, that
we request securities from this developer now to guarantee payment for their share of the needed
capital works. For the purposes of this agreement we have estimated their share to be $287,500.
Working Together to Serve Our Community
Municipal Works Fire Sen/ices Parks, Recreation & Culture Business Development Bu#ding and By-Laws
2001-06-11 -2 - MW-2001-67
Condition number three requires the applicant to dedicate a 356-m2 parcel of land on the southwest
comer of Mountain Road and Mewburn Road which currently has a City-owned sewage pumping
station located on it. This matter is basically a housekeeping item that can now be formally
addressed in the site servicing agreement. This facility was constructed on private lands with the
understanding that a formal transfer of ownership was imminent with the developer of the day. Since
then ownership has changed at least twice and prospective development proposals have not come
to fruition (See attachment "B").
Upon execution of the site servicing agreement, Municipal Works staff will clear these two
conditions of approval.
The draft agreement and corresponding bylaw are included in this evenings Council agenda.
Prepared CY: ~:
Manager of Development
Respectfully Submitted by:
· E~ward P. Lustig
Chief Administrative Officer
Reco=~ded by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Approved b/~/
John MacDonald
Executive Director of Conu'nunity Services
{former~ MOHTRosF- ROA, O BY By-L/~ NO. eo-5~ ,
Niagara Falls ~.
Community Services Department
Municipal Works
4310 Queen Street
P,O. Box 1025
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
Ed Dujlovic, P, Eng,
Director
MW-2001-74
June 1 l, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-74
Roberts Street Property Purchase
RECOMMENDATION:
It is recommended that the by-law to authorize the borrowing of one million dollars for the City's
share of property purchases on Roberts Street between Stanley Avenue and Victoria Avenue be
approved.
BACKGROUND:
As Committee is aware Council approved report CS-99-06 committing the City to providing one
million dollars for the purchase of the properties along Roberts Street between Victoria Avenue and
Stanley Avenue, for the construction of the Gateway Project. The Region has begun the purchases
of the properties and is now requesting that the City provide its share of the money. The funding for
this project was included in the 2001 budget and it was noted that the funding source would be
through debenturing.
Accordingly, staff is requesting that the by-law appearing on tonight's Council agenda authorizing
the debenturing of the one million dollars be approved.
Committee's concurrence with the above recommendation would be appreciated.
Prepared,t~y:
Ed Dujlovic
Director of Municipal Works
Approv4;Y:
John MacDonald
Executive Director of Community Services
Respectfully Submitted by: ~
Edward P. Lusdg ~ ~ ~
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
CITY OF NIAGARA FALLS
By-law No. 2001 -
being a by-law to authorize the Council to borrow money by way of debentures.
WHEREAS the Municipal Act provides that the Council of every municipality may acquire lands
required for the purposes of the corporation;
AND WHEREAS the City of Niagara Falls must borrow money to acquire certain lands;
AND WHEREAS only the Regional Municipality of Niagara has the power to issue debentures.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
The Council authorizes that an application be made to The Regional Municipality of Niagara
to issue debentures in the amount of $1,000,000 being the City of Niagara Falls' share in
acquiring lands on Roberts Street between Stanley Avenue and Victoria Avenue, being part
of the "Gateway Project".
The Mayor, Clerk and Treasurer, as the case may be, shall be authorized to sign all necessary
documents to give effect to section 1.
Passed this day of ,2001.
E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR
First Reading: ,2001
Second Reading: ,2001
Third Reading: ,2001
T.he City of
Niagara Falls
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city,niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: m unwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-77
File G-180-14
June 11, 2001
Alderman Victor Pietrangelo, Chakperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members: RE: MW-2001-77
Bus Loading Zones, No Stopping Restrictions -
Temporary Measures for Dunn Street and Fallsview Blvd.
RECOMMENDATIONS:
It is recommended that:
1)
the parking metres located on the south side of Dunn Street between Stanley
Avenue and Fallsview Blvd. be'removed;
2)
a 10 minute bus loading/unloading zone be established on the south side of
Dunn Street between Stanley Avenue and Fallsview Blvd.;
the bus loading/unloading zone located on the north side of Dunn Street
between Stanley Avenue and Fallsview Blvd. be removed;
4)
a No Stopping Reslriction be established on the north side of Duun Street
between Stanley Avenue and Fallsview Blvd.;
5)
the pay parking on the south side of Fallsview Blvd. between Dram Street and
Livingstone Street be removed;
6)
a No Stopping Restriction be established on both sides of Fallsview Blvd.
between Dunn Street and Livingstone Street, with the exception of the
established taxicab zones;
7)
the parking violations be enforced with a zero tolerance approach with respect to
Tour Bus parking problems; and,
8)
following completion of the area construction works, staff undertakes a follow-
up study of the area to reinstate the pay parking on a permanent basis.
June 11, 2001 -2- MW-2001-77
BACKGROUND:
Over the past six months, staffhas received complaints regarding tour buses parking illegally in
no stopping zones and no parking zones, double parking and generally blocking through traffic
movements at various times of the day and night, along Dunn Street and Fallsview Blvd. in the
Fallsview area. Observations by staffhave confirmed this problem as well. The problem is
further exacerbated by construction and delivery vehicles. On several occasions Parking Control
Officers have been threatened by bus drivers either verbally or physically, or they ignore the
request to remove or relocated their vehicles altogether and bear the cost of the ticket.
Recent meetings with the Fallsview B.I.A. and the OK Gift Shop have resulted in a consensus
that there is a need to temporarily establish control measures to correct the bus situation on
Fallsview Blvd. and Dunn Street. As well, them is also a need to take a zero tolerance approach
to the enfomement of these measures, as this will ensure the free passage of vehicles through the
area.
?
The Committee's concurrence with the recommendations outlined in this report would be
appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Respectfully Submitted by:
Edward P. Lustig,
Chief Administrative Officer
~R ded by:
uj OV1C~ . ~llg.
Director of Municipal Works
John MacDonald,
Executive DireCtor of Community Services
S:\TRAF FIC~REPO RTSX200 B2001 Community ServicesLMW2001-77.wpd
DL~ ST.
Radisson
Hotel
Shexaten
Hotel
LEGEND:
...... Proposed "No Stoptfing - Tow Away Zone"
......................... Proposed 10 Minute Bus
Lo,~g/Unlo.~-S Zone
~ "No p}'~klng. Tad Cab
(to 1~ malnt*Jn~d a~ i~)
............. F.~i,~:~ ~lqo p~,trlrlng" Zone
(to ~ r,~nt~i.~l, i~)
ST.
STUDY
AREA
NORTH
NOT TO SCALE
slik MUNICIPAL WORKS
.~~ TRAFFIC & PARIO~G SERVICES
Bus Loading Zones, No Stopping Restrictions -
Temporary Measures for Dunn St. & Fallsview Blvd.
June 11, 2001 Karl Dren, C.E.T.
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
Ed Dujlovic, P. Eng.
Director
MW-2001-82
June 11, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of the CmrLrnunity Services Committee
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-82
Sewer Surcharge Relief Program
RECOMMENDATION:
It is reconmaended that the City implement a sewer surcharge relief program for
commercial/industriai businesses in the City of Niagara Falls.
BACKGROUND:
In 1991 the City received a request from Cataract Ice Limited for the relief from sewer surcharges
for that portion of the water used in the production of ice. As a result of the request report
MW-91-138 was presented recommending the relief and was approved by Council. Although, there
was discussion with regards to establislfing a policy for all industries in the City, the relief for sewer
surcharges was provided to Cataract Ice Limited only. October 1995 Committee considered report
MW-95-195 which revised the sewer surcharge relief program so that relief was given to 100% of
the water that was diverted from the sanitary sewer system. Again, the relief program was limited
to Cataract Ice Limited. In 1996 the City approved report MW-96-41 which provided relief to
Canadian Home Products (now ConAgra) as per the policy established for Cataract Ice Limited.
In the last couple of years the City has received a number of requests for sewer surcharge relief from
various businesses that use water in the production of their products. These requests were held in
abeyance until the completion of the water and sewer rate study that was being completed as part of
the metering project. The consultant that was carrying out the study was requested to look into
formulating a policy and providing recommendations to the City. The recommendations contained
in the water and sewer rate study did not include any discussion on the implementation of a sewer
surcharge relief program and when the consultant was questioned on this matter his response was
that there were very few Municipalities that had a program in place and that the implementation of
such a program would result in an increase in cost for other users.
}Forking Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
2001-06-11 -2 - MW-2001-82
In that the City has established a limited program and that we have received numerous requests, it
is staff's recommendation that the existing sewer surcharge relief currently provided to ConAgra
be extended to all industrial/commercial businesses in the City of Niagara Falls. As per the existing
policy, the sewer surcharge relief would be limited to the water used in the production of products
not discharged to the sanitary sewer. Businesses would be required to conduct a water audit by a
professional engineer and submit the report on a yearly basis to the City in order to receive the
rebate. It is recommended that the program be implemented in the year 2001 hence, the rebates
would not be provided until 2002.
The cost to implement the program in addition to the approximate $33,000 a year that ConAgra is
currently receiving is estimated to be between $25,000 - $50,000 per year. Sewer surcharge rates
will be adjusted for the year 2002 in order to account for this loss in revenue to the City.
Committee's concurrence with the above recommendation would be appreciated.
Ed Dujlovic
Director of Municipal Works
Respectfully Submitted by:
Edward P. Lustig
Chief Administrative Officer
Approv_.ed by:
Director of Business Development
'The cJt~/of
Niagara FaJJs
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-2001-23
June 11, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-23
Capital Campaign Feasibility Study
For Community Centre
RECOMMENDATION:
That the consulting firm Ketchum be retained to complete the Capital Campaign Feasibility Study
for the new Community Centre at a cost of $25,000 plus GST and expenses that are not to exceed
$2,500.
BACKGROUND:
On April 17, 2001, the Steering Committee for the new Community Centre advertised for
consultants to respond to an RFP seeking individuals experienced with the completion of capital
campaign feasibility studies. The Capital Campaign is regarded as a critical activity within the
overall development of the project as its success will be an important source of capital for the
project, will develop a positive public image and awareness of the project, and assisting with the
long term abilities of the partners to establish relationships with donors that will assist in the
sustainability of the panners and the community centre. The completion o£a feasibility or planning
study is recognized as a critical first step in mounting a successful capital campaign of the size and
magnitude that is being proposed by this project. The study is recognized as a valuable tool in the
identification of a realistic campaign goal, the generation of donor lists, identifying and cultivating
volunteer leadership for the campaign, identifying competing can~paigns, deternfining the best
timing for launching a campaign, and identifying organizational readiness of the three partners for
a capital campaign.
Working Together to Serve Our Communi~y
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-23 - 2 - June 11, 2001
Eight consultants responded to the call for proposals by the May 10, 2001 deadline. Four firms were
short-listed for interviews and were interviewed on May 30th and 3 Vt, 2001. Ketchum is being
recommended by the Steering Committee because of:
Experience in Niagara and with YMCA's and Boys & Girls Clubs;
The resources they bring as an industry leader;
The experience, skills, and references of the project manager and proposed team;
Performance of the team at the interview;
Experience and abilities to deal with complex partnership issues;
Capacity to offer strategic counsel throughout the campaign;
Proposal is within the budgeted range allotted for in the 2001 budget for this project.
Adele Kon
Director of Parks, Recreation & Culture
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
'~ohn MacDona~lld /~-
Executive Director of Community Services
S:\Council\Counci12001\R-2001-23.wpd
~The City of
Niagara Fails
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
Adele Kon
Director
R-200t-24
June 11, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-24
Servicing Assessment and Locational Analysis
For Community Centre Sites
RECOMMENDATION:
That the engineering firm of Philips Engineering be retained to complete a Servicing Assessment
and Locational Analysis of the four sites that have been short-listed for consideration as the preferred
site of the new Niagara Falls Community Centre. The two assessments will be completed for a fee
that will not exceed the upset cost of $18,300.00.
BACKGROUND:
On January 8, 2001 City Council endorsed the Site Selection Discussion Paper that had been
prepared by the Steering Committee for the Community Centre Project. The discussion paper
outlined a five step process, as well as criteria to be considered in the selection of a preferred site for
the new centre. Step # 4 identified Cost of Servicing and Locational Analysis as two important
criteria that must be evaluated in each short listed site in order to assist the committee with
recommending a preferred site. The Steering Committee is currently at this step of the site selection
schedule and anticipates the identification of a preferred site by September 2001.
Project Management has met with the Director of Municipal Works and it has been determined that
an outside consultant would be the most suitable method of gathering the required information prior
to the September date for identifying a preferred site for the new Centre.
Working Together to Serve Our CommuniO~
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-24 - 2 - June 11, 2001 ,,
An RFP was sero to Philips Engineering and they have responded with a proposal that will meet the
needs of the Steering Committee.
Director of Parks, Recreation & Culture
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
Approved by:
Executive Director of Community Services
S:\Council\Council 2001 \R-2001-24.wpd
'fhe C'i~ of
Niagara Fails
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON 1_2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
June 11, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2001-27
Purchase of Kubota Tractor and Mower
Adele Kon
Director
R~2001-27
RECOMMENDATION:
That City Council authorize the purchase of a 2001 Kubota Tractor and Mower, model no. F2260
for the purchase price of $19,697.20, including applicable taxes.
BACKGROUND:
Staff has determined that an additional tractor is required for use in the City's cemeteries. The
purchase of this type of equipment is consistent with current equipment being used and has proven
to be cost effective and reliable. The sole supplier of Kubota tractors in this area is Ben Berg Farm
& Industrial Equipment Ltd. located in Wainfleet. They are authorized to offer the usual government
discount.
Funds to purchase the tractor were included in the 2001 Cemetery Budget.
Adele Kon
Director of Parks, Recreation & Culture
Approve_d by: ..
MacDonald
Executive Director of Community Services
Respectfully Submitted:
Edward P. Lustig
Chief Administrative Officer
S:\Coun¢il\Councl1200lXR-2001-27.wpd
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture
Business Development
~~The City of Community Services Department
Niagara Falls Fire Services
· ~~- 5809 Morrison Street
,~~.~J~Canada Niagara Falls, ON L2E 2E8
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-1321
Fax: (905) 356-6236
E-mail: pcodiel@city.niagarafalls.on.ca
FS-2001-02
Peter Corfield
Fire Chief
June 11, 2001
Alderman Victor Pietrangelo, Chairman
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: FS-2001-02 - Repair of Fire Apparatus
RECOMMENDATION:
That Council approve the low bid of $22, 776.00 plus taxes from Drakar Engineering Limited,
Woodstock Ontario, to repair Unit 41, an aerial apparatus. Sufficient funds for these repairs are
contained in the operating budget.
Further, that Council approve the placement of this fire apparatus at Station 4 upon completion of
the necessary repairs.
BACKGROUND:
The Service Centre has informed us that this vehicle is in good overall mechanical condition. These
repairs will add' another 5 years onto the service life of this apparatus. The Service Centre
recommended the following vehicle repair companies with Drakar Engineering of Woodstock being
the low bid. They have performed similar work for the fire service previously with excellent results.
Name of Company
Drakar Engineering (Woodstock)
Metro Collision (St. Catharines)
Silver Street Automotive (Wainfleet)
Cost
$22,776.00
$36,045.00
No bid received
Municipal Works
Smoke Alarms Save Lives - Check Your Smoke Alarm
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture Business Development
FS-2001-02 June 11, 2001
2
During the Fire Service Review process of the Suppression Division, it was recognized that the
Chippawa area was deficient of an aerial apparatus for structural fire emergencies. A recent serious
fire on Willoughby Drive, in March of this year, illustrated the value of having this specialized type
of fire apparatus readily available in this area. By placing this apparatus at Station 4, this deficiency
will be resolved and the level of service to this area will be greatly enhanced.
Colin Ruddell
Assistant Chief
Approved by:
Q_~4ohn MacDonald
Executive Director of Community Services
Recommended by:
Fire Chief
PC:CR:~
ectfully submitted:
E. P. Lusfig
Chief Administrative Officer