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2009/11/02., m O N N ~ ~ N O Z i O d W ~ Q. d 2 00~ F- Z iii £ W ~ U H ~ ~ _ U a Z U LL LL H N c d U y m 0 o_ `o U rn O O N O N O Y y O > p a a ~ C N .~ m x a a FD- w N U C U O ¢ N ~ - N U m _'o~ U ~ Q C O Y N ~~~ W Z m W Z ~"' Z W Z O 0 a ~ r N m M '~ ~.~, a ~ ~ L 0 L O L r Z l0 E (0 ~ a . > .' .. > ~> O O O t ~ ~ C C C C U x x o m ~ d ~ ~ d LL x x x o p o 0 L I aoi aoi m axi axi ~ - c~~ ~ U' U' Q Q Q Y Y Y Y N m Z N ~ H N ~ a w W L Q C N _ ~ d m d ° ~' ° aci W ~ • ~ ° °" ~ ' ~ ¢a ¢ ~ Z ~ ' ~ m d m m a ~ 3 w ~ ~V ~ _ >~' = O _ ff= U m ~ o a o > n N o. y o 0 ~ D) > N U ~~ ~ C ~ U m d a N n E ! l6 ~ !0 N ~ '. 3 V Oj o n rn m~ m a. > d _~ N o U 3 C lL ~ LL O R' O U ~ ~ O U ` 3 C w'f ~ Of a ~' 01 'U .~ O7 C ~ ~ a 00 H OD m U O C v ~ C v.r O ~ ~ ~ ~ o w y ~~ 3 w ~ a m a y w w y O C W N~ W '' m V l0 N m.J ~ N~ ~ N ~ M d = l0 O V N h U ~ O ~ ~ N ~ ~ 6] O ~ C {p p O O N N O O O N ~ O d C l6 G) O ~ p 2 O~ O j p~ O~ ~ O j O O d W ~ ~ - ~ Y ~ O~ N E N N E V N~ N¢ N~ ~ N L d 2 N L a ¢ ~ ~ ~~ m ~~ oo~ aUCl oo~ aUin Da a0 fq~ I-w lna i I-a ci~ F-~ cnm Fw ~ N l6 ~ U 'O G) C 0I t ._ N W Z m w Z M Z W Z 0 a '~ MINUTES OF CORPORATE SERVICES COMMITTEE Ninth Meeting Monday, October 19, 2009, Committee Room 2, 6:14 P.M. PRESENT: Councillor, Victor Pietrangelo Chair; Mayor Ted Salci, Councillors: Jim Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson Janice Wing and Carolynn loannoni. STAFF: Ken Todd, Ed Dujlovic, Ken Burden, Bob Bolibruck, Geoff Holman, Denyse Morrissey, Dean lorfida, Ken Beaman, Lee Smith, Karl Dren, Serge Felicetti, and Marianne Tikky -Steno. PRESS: Corey Larocque, Niagara Falls Review, 1) MINUTES MOVED by Councillor Maves seconded by Councillor Diodati that the minutes of the September 28, 2009 meeting be approved. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. 2) REPORTS: a) CD-2009-13 Customer Services Standard Policy MOVED by Mayor Salci, seconded by Councillor Thomson that Council adopt the Customer Services Standard Policy in compliance with the Accessibility for Ontarians with Disabilities Act, 2005. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. b) FS-2009-08 Master Fire Plan MOVED by Councillor Thomson, seconded by Councillor Fisher; 1) That Council approve the expenditure of funds in the amount of $50,000 to secure the services of Ernest Yakiwchuk as the preferred proponent for the Niagara Falls Fire Services Master Fire Plan. 2) That the Mayor and Clerk be authorized to execute the contract. a l:q -2 3) ADJOURNMENT: MOVED by Councillor Kerrio, seconded by Councillor Maves that the Corporate Services meeting be adjourned at 6:18 p.m. Niagara~alls F-2009-51 November 2, 2009 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F-2009-51 Water Account Collections -Residential Tenanted Accounts RECOMMENDATION 1. at the City direct Ni ara Peninsula Energy Inc. enhance the water account collections pro by providing the er ty owners with the a notification as their tenants througho a process. 2. at the City c 'nue to shut off the s I of water to properties wh 'the account holder fails meet the req ' d payment obligatio . 3. That, in event that the ter arrears exceed t eposit on hand, that the City inue to transfer unpa ater/sewer c es onto the owner account in accordance wit provisions of the icipal Act. 1. That staff report back to Council with a revised deposit amount for residential tenanted accounts. 2. That the practice of transferring arrears of unpaid water/sewer charges onto the owner's tax account be discontinued effective November 3, 2009 EXECUTIVE SUMMARY City staff was directed to review two issues pertaining to the treatment of water arrears for tenant water accounts. Firstly, staff was directed to work with NPEI to improve communication during the collection process with impacted property owners. Modifications to the notification process conducted by NPEI as it relates to tenanted accounts will ensure that landlords are aware of the account status at the earliest time of arrears. The second concern related to the collection of outstanding amounts after application of the deposit. Specifically, the final collections step wherein outstanding amounts owed by tenants are transferred to the property owner. Staff believes that the steps taken to resolve communication concerns will minimize transfers. However, staff also recommends that the risk of default is a business risk of the property owner engaged in the residential rental market. The improvements in communication with owners will result reducing -the risk, however, this risk should not be passed onto all of the other water rate payers. BACKGROUND At the June 30, 2009 Council meeting, staff provided a report summarizing the impact of changes made to the water by-law in 2007, specifically as it related to tenanted water accounts. The report showed that the City had performed approximately 50 shut offs during 2009 and that the volume of tenanted accounts in arrears transferred to taxes had reduced by implementing these amendments. However, there have been concerns expressed by landlords on the process of transferring arrears and the timing of communication to stakeholders of City actions. Staff was requested to meet with Niagara Peninsula Energy Inc. to identify opportunities to improve communication with property owners earlier in the process and secondly to review the policy of transferring water arrears to the property tax bill. November 2, 2009 - 2 - F-2009-51 ~~ ANALYSISlRATIONALE a) Communication City staff met with Niagara Peninsula Energy Inc. staff to identify opportunities to improve communication with property owners. NPEI staff indicated that their legal adviser had reviewed the position regarding the Freedom of Information constraints that NPEI staff had in responding to property owner requests. NPEI can now respond verbally to inquiries from property owners. A second modification for all tenanted water accounts, is that NPEI will notify all property owners on record with arrears notification at the same time as tenants. This will ensure that owners will be aware of the account status of a renter at the initial time the account goes into arrears. In addition, owners will receive the same communication as thetenantthroughoutthe collection process including notification at the time of shut off similar to the tenant. To facilitate this change, City and NPEI staff have worked together to update the property owners' data base at NPEI. In addition, subsequent letters will be sent to all property owners outlining the changes that have been initiated. b) Shutoffs City staff continues to shut off water of delinquent account holders. This process will continue as has been previously undertaken. There are some properties that cannot be shut off due to the fact that properties are multi-residential with one service. In situations, wherein the water cannot be shut off, staff will continue to transfer delinquent water charges to the tax account. c) Final Resolution of Accounts The proposed modification wherein landlords are notified at the first stage in arrears will result in fewer delinquencies and shut offs. However, like any system, there may be circumstances where in accounts in arrears exceed the deposit held. Reasons for this include but are not limited to, excessive use, move outs and fees for shut offs. In these circumstances, it is still the staff's position that the risk for nonpayment remains with the property owner and that anything other than transferring arrears to the owner's accounts penalizes all other account holders in the City. The changes proposed in this report in respectto notification should result in fewer instances fo transfers to accounts. FINANCIALISTAFFING/LEGAL IMPLICATIONS The enhanced notification to landlords will result in increased processing costs. It is difficult to predict the cost allocation of the increased notification because it is based on volumes. Based on the historical volumes of tenant accounts, the cost of enhanced mailing could be up $10,000 annually. The transfer of water to taxes results in no loss for bad debt expense and achieves the implied purpose of collecting all billed revenues. However, if Council's intention is to implement the alternative suggested by landlord groups that the water be sent to collections alone without property tax allocation, then this will increase expenditures of the water budget. Again, projection of amounts is difficult based on volumes, but historically, staff has, annually, transferred $40,000 fortenant accounts. ti November 2, 2009 -3- F-2009-51 Council is reminded of the difficulties in establishing water and sewer rates. Again, increased expenditures, whatever their cause, will contribute to the difficulties in keeping rate increases reasonable. ~~~-{ Recommended by: Todd Harris n,Q~D,,irect of Financial Services Approved by: ~~/~G~'~GIf/ K. E. Burden, Executive Director, Corporate Services Respectfully submitted: Ken Todd, Chief Administrative Officer rwn~ MINUTES OF COMMUNITY SERVICES COMMITTEE Thirteenth Meeting Monday, October 19, 2009, Committee Room 2, 4:00 P.M. PRESENT: Councillor Carolynn loannoni, Chair; Mayor Ted Salci, Councillors: Jim Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson Janice Wing and Victor Pietrangelo. STAFF: Ken Todd, Ed Dujlovic, Ken Burden, Todd Harrison, Denyse Morrissey, Bob Bolibruck, Geoff Holman, Dean lorfida, Ken Beaman, Lee Smith, Karl Dren, Serge Felicetti, Kathy Powell, John Barnsley, Peggy Boyle and Marianne Tikky -Steno. GUEST: PeterSmith & Michael Bissett (Bousfields), ChuckVanoverbeke (Corche Technical Services Inc.), John Fry & Khaud Manzodr (Genivar), John Fatheringham (Municipal Heritage Committee), Brian Rudy & Drarmuld Nash (Moriyama&Teshima Architects), Don Jackson, Gordon West (Board of Museums), Christopher Borgol (GBCD), Lisa Wilson, Rick Frederick (Kalar Road Parking Review) PRESS: Corey Larocque, Niagara Falls Review, 1. MINUTES MOVED by Mayor Salci seconded by Councillor Fisher that the minutes of the September 28, 2009 meeting be approved. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. 2) DEPUTATION: Mont Rose at Niagara - presentor, Mr. Peter Smith (Hospitality Resorts Inc.) MOVED by Councillor Thomson, seconded by Mayor Salci; That staff be directed to initiate an urban boundary expansion on behalf of the City, to include the Mont Rose lands, and, 2. That the Region be requested to take such steps as are necessary to ensure that the Region's adopted official plan policies regarding urban area boundary expansions are not reversed by the Province. Motion: Carried Opposed: Councillor Wing Action: Recommendation submitted to Council October 19, 2009. -z- 3) REPORTS: a) CSC-2009-01 Lundy's Lane Historical Museum Expansion Progress Report MOVED by Councillor Fisher, seconded by Councillor Diodati that the Board of Museums requests for consideration from City Council on the following: Approval of the new design direction for the Lundy's Lane Historical Museum. 2. Approval to re-brand the facility from Lundy's Lane Historical Museum to Niagara Falls History Museum. Motion: Carried Unanimously Conflict: Councillor Wing Action: Recommendation submitted to Council October 19, 2009. b) PD-2009-79 Matters Arising from the Municipal Heritage Committee MOVED by Councillor Pietrangelo, seconded by Mayor Salci; 1. That Council approve the proposed alterations to the following Designated Heritage Properties: a) Spence Weaver House, 6590 Dunn Street • to re-establish a verandah along the north side of the house. b) Former Post Office Customs House, 4177 Park Street • to install new plywood and awater/ice shield covering on the roof of the building with the condition that the owner supply confirmation from the manufacturer of the water/ice shield that the material will last without further roofing material for 20-30 years. 2. That Council receive for information the Municipal Heritage Committee's recommendation regarding the most recent plans for the Lundy's Lane Museum expansion. Motion: Carried Unanimously Conflict: Councillor Wing (item #2 only) Action: .Recommendation submitted to Council October 19, 2009. Community Services Committee _3_ October 19, 2009 c) MW-2009-76 Request for Infrastructure Improvements Vine Street, Sinnicks Avenue to West of Coholan Street MOVED by Councillor Kerrio, seconded by Mayor Salci that the request from local residents to include infrastructure improvements and the reconstruction of Vine Street be referred to staff for inclusion in the 10-year Infrastructure Needs Assessment. Motion: Carried Unanimously Conflict: Councillor Diodati Action: Recommendation submitted to Council October 19, 2009. d) MW-2009-55 Regional Niagara Waste Collection Revision to Base Level and Enhanced Level of Service e) fl MOVED by Councillor Thomson, seconded by Councillor Wing that Council support the proposed changes to the Region's Base Level of Service and the City's Enhanced Level of Service for the upcoming Regional Waste Collection Request for Proposal (RFP). Motion: Carried Opposed: Councillors: Maves, Diodati and Pietrangelo Action: Recommendation submitted to Council October 19, 2009. MW-2009-79 Site Preparation Costs -Gale Complex MOVED by Councillor Kerrio, seconded by Thomson that this report be received and filed. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. PRC-2009-30 Kalar Road Sports Park Washroom Building MOVED by Councillor Thomson, seconded by Councillor Pietrangelo that the proposed washroom building at the Kalar Road Sports Park be expanded to include a community club house at a maximum cost to the City of $550,000. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. Community Services Committee _4_ October 19, 2009 g) PD-2009-63 Summary of CIP Applications and Proposed Changes to the Financial Incentive Programs MOVED by Councillor Wing, seconded by Mayor Salci that Committee approve the proposed revision to the Financial Incentive Program for the Historic Drummondville CIP area for implementation on January 1, 2010 and that landowners within the CIP area be invited to a Public Forum to discuss the funding programs. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. MOVED by Mayor Salci, seconded by Councillor Diodati that the Financial Incentive Program for the Downtown CIP area be deferred to the next Council meeting. Motion: Carried Opposed: Councillors Thomson and Wing. Action: Recommendation submitted to Council October 19, 2009. h) PD-2009-75 CB&FIG-2009-004, RBL-2009-007 5936-5942 Main Street (former Mondarin Shoe Building) MOVED by Councillor Pietrangelo, seconded by Councillor Fisher that the Commercial Building and Facade ImprovementGrantApplication and Residential Loan Application for 5936-5942 Main Street be approved subject to the owner satisfying the program requirements including satisfaction ofthe Ontario Building Code and Ontario Fire Code and the execution of the necessary agreements with the City. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. i) TS-2009-42 Kalar Road -Parking Control Review Mrs. Lisa Wilson advised Committee that she was in favour of the recommendations outlined in the report. Avid cyclists are forward to connectivity on McLeod Road once reconstruction works are completed. The vehicles that currently park in the bike lane actually extend into the roadway diminishing the width of the road. Mr. Rick Frederick of 7023 Kalar Road advised Committee that there is no additional parking available in the area. The driveways of the homeowners on the west side of Kalar Road can fit one car length only. He's opposed the parking restrictions as he feels this is unfair to the property owners along this section of Kalar Road. Community Services Committee _5_ October 19, 2009 A letter was received from Noelle Sinclair of 6917 Kalar Road siting limited on-street parking, with the majority of extra vehicles parking in the bike lane during evening hours when bicycle activity is minimal. She's in favour of the current arrangement. MOVED by Councillor Diodati, seconded by Councillor Pietrangelo; That a "No Parking" zone be established on the west side of Kalar Road between a point 40 metres north of McGarry Drive ahd a point 230 metres north of McGarry Drive; • That a "No Standing" zone be established on the west side of Kalar Road between McGarry Drive and a point 40 metres north of McGarry Drive; • That a "No Stopping" zone be established on the west side of Kalar Road between McGarry Drive and a point 40 metres south of McGarry Drive; • That a "No Parking" zone be established on the west side of Kalar Road between a point 40 metres south of McGarry Drive and a point 200 metres south of McGarry Drive; • That a "No Stopping" zone be established on the west side of Kalar Road between a point 200 metres south of McGarry Drive and McLeod Road; • The bike lane on the west side of Kalar Road be extended to McLeod Road and that the regulatory signs and markings be applied; and, • That a "No Heavy Vehicles" restriction including "No Buses" condition, be established on Kalar Road between Lundy's Lane and McLeod Road. Motion: Carried Opposed: Councillors Wing and Thomson Action: Recommendation submitted to Council October 19, 2009. j) MW-2009-61 City of Niagara Falls Engineering Design Standards Manual MOVED by Councillor Kerrio, seconded by Councillor Pietrangelo that Council adopt the Engineering Design Standards Manual. Motion: Carried Action: Recommendation submitted to Council October 19, 2009. Community Services Committee _(_ October 19, 2009 4) a) NEW BUSINESS: MOVED by Councillor Thomson, seconded by Councillor Wing that a 3-way stop be installed at the Bellevue and Valley Way intersection. Motion: Carried Unanimously Action: Recommendation submitted to Council October 19, 2009. 5) ADJOURNMENT: MOVED by Councillor Kerrio, seconded by Councillor Maves that the Community Services meeting be adjourned at 6:14 p.m. s Nl~.g~"8 MW-2009-80 November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department SUBJECT: MW-2009-80 Request for Infrastructure Improvements Mulhern Street (Paddock Trail to Montrose Road) and Baldwin Avenue (Mulhern Street To 200m northerly) RECOMMENDATION That the Baldwin Avenue &Mulhern Street Watermain Replacement project identified in the 2009 Capital Budget be deferred pending the completion of the 10-year Infrastructure Needs Assessment. EXECUTIVE SUMMARY Municipal Works staff has received a requestfrom Mulhern Street residents requesting the installation of concrete curbs to help define the edge of the pavement and to address some perennial operational problems such as tire rutting and plow damage. The installation of curbing will require the lowering of the road profile so that drainage is not directed onto private property. When considering road reconstruction staff needs to look at the condition of the underground infrastructure to see if its replacement or rehabilitation should be included in the scope of the work. This project is listed in the 2009 Capital Projects Budget at a cost of $950,000. Included in the funding of this project was an expectation of $535,000 to come from external contributions and a transferfrom the Utility Budget of $415,000. The residents, through Mr. Simon Howcroft, have indicated that they are not willing to contribute through the Local Improvement process. Staff is recommending that any decision in this regard should be made with due consideration for other priorities within the 10-year Infrastructure Needs Assessment and that the funding transferred from the Water Utility Budgetwill be allocated to reserves for consideration in the 2010 budget process. BACKGROUND In February of this year, Municipal Works staff received a request for the installation of curbs on Mulhern Street as part of the proposed watermain project. Mr. Simon Howcroft acted as the spokesman for the residents and was instrumental in facilitating the communication with staff. Staff explained that this work was not currently in the City's Capital Forecast but could be considered as a Local Improvement Project if the majority of the benefitting property owners were willing to pay their share of the costs. This is the City's policy for any work that is considered to be "out of phase" (i.e., not included in the Capital Budget). November 2, 2009 _2_ MW-2009-80 Municipal Works staff prepared some preliminary costs estimates and informed Mr Howcroft that the average assessment for this project might be in the range of $10,000 to $15,000 per lot. Staff received a response from Mr.Howcroft on behalf of the Mulhern Street residents dated August 25, 2009. This letter is attached for your reference. According to our records, the watermain in this section has had several breaks and has a remaining service life of less than two years. The sanitary and storm sewers are in good condition. The road was resurfaced in 1983 but is in poor condition due to the deterioration of the road base. As you may be aware there are many road sections in similar or worse condition and by considering the importance of this project in the context of the overall needs, we can make more cost effective decisions. FINANCIAL/LEGAL IMPLICATIONS In the 2009 Water Utility Budget a transfer to capital was approved to fund this project for $415,000. This amount will be transferred and held in reserves to be considered during preparation of the 2010 Utility and 2010 Capital Budgets. COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priorities to identify and evaluate alternative sources of revenue and to establish infrastructure investment priorities. ATTACHMENTS 1. Letter (Holman-Howcroft), dated July 6, 2009. 2. Mulhern Street Local Improvement Plan. 3. Letter (Howcroft-Holman ), August 25, 2009. 4. Capital Budget Worksheet. Recommended by: Approved by: Respectfully submitted: Geoff Holmah, Dir~cjpr of Municipal Works Ed of Corporate Services Ken Todd, Chief Administrative Officer S:IREPORTS\2009\MW-2009-80 -Mulhern Report 1.wpd ~, Munkipai Worka SpnnaG flre:M~t August 25,2008 Mr. Geoff Holman, C.E.T. Director of Municipal Works City of Niagara Falls, 4310 Queen St, Niagara Fatis, On L2E 6X5 Dear Mr. Holman, Re: Mulhem Street Muniapal Roadway Improvement Y Dr ~',..~ ~i AUG 2 5 2ppg ENGryy~RING Thank you for the update. The majority of the Mulhem residents are retired and are living on faed incomes. They would not be able to contribute the sum mentioned in your letter. I agree with your suggestion of getting City Council's direction to expand the scope of the work so that it would be considered to be "rn phase". Thank u. Simon Howcroft Niag July 6, 2009 Mr. Simon Howcroft 7731 Mulhern Street Niagaza Falls, ON L2H 1B4 Deaz Mr. Howcroft Re: Mulhern Street Municipal Roadway Improvements Petition for Local Improvements Our File: Mulhern Street MunblpNNbrla Fik I am writing to give you an update on the above referenced project and to seek your opinion regarding the next steps to advance this project. The 2009 Capital Budget, approved in April included funding to replace an aging cast iron watermain on Mulhern Street (Paddock Trail - MontroseRoad) and on Baldwin Avenue (Mulhem -Vincent) at a cost of approximately $415,000. The project could be expanded to include the curbs and sidewalks you requested if the adjacent property owners agreed to contribute an additional $535,000 through the provisions of the Local hnprovement regulations in the Municipal Act. The City is completing the engineering design for the watermain replacement portion of the project and needs to confirm if the curbing, sidewalk and/or any other components should be included in the contract tender. Our preliminary estimate for the costs to each resident is in the $10,000 to $15,000 range for this work. Although, the City's policy for "out ofphase"Capital Proj ects has been to require adjacent property owners to contribute financially, I have some difficulty proceeding with the curb and sidewalk portion of the project given the existing condition of the mad surface. According to the Pavement Condition evaluation recently completed, the road needs extensive improvements to the base which will involve considerable work beyond spot repairs. As a result I would like to get City Council's direction to expand the scope of the watennain project to include the complete reconstruction of the roadway (including curbs, gutter and sidewalks) so that it would be considered to be "in-phase." I Cibmmunay 6arwces Dapartmem Workin To ether to Serve Our Common Muniapal Works 8 8 ~' Ext 4219 Fax 905356.2354 ghWman~n~agarafa9s.ca '- -2- • ' This approach would signifccantly reduce or eliminate the need for contributions paid directly by the Mulhern Street property owners however any final decision may not be made until the 2010 Capital Budget deliberations are completed (later this yeaz or eazly next January). Of course, if you wish to proceed under the cun'ent approach (i.e., Local Improvement) I will be happy to arrange a public meeting and commence the formal process. I look forward to your input and appreciate your patience in this regard. Thanks again for your cooperation. GH/mt Attach: Yours truly, Geoff Holman, C.E.T. Director of Municipal Works Cc: Mayor Salci Ed Dujlovic, Executive Director of Community Services ' ~~~~ MULHERN STREET ,~ Jiagaraf~c,lls LOCAL IMPROVEMENT PR0,7ECT .' Nlt~g~'~,~St MW-2009-82 November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee Niagara Falls, Ontario SUBMITTED BY: Community Services Department SUBJECT: MW-2009-82 Waterloo Drive Consultant Appointment RECOMMENDATION That the Mayor and Clerk be authorized to execute the required Consultant Services Agreement with AECOM Canada Ltd at an upset limit of $28,000. EXECUTIVE SUMMARY Municipal Works staff has determined through field investigation that the current storm and sanitary systems on Waterloo Drive between Dorchester Road and Rolling Acres Drive are structurally unsafe causing significant settlement in the roadway. Due to the complexity of the existing pipe failures combined with the weak sub-grade conditions, staff is recommending that AECOM Canada Ltd. be retained to complete the proposed design works and construction specification for the project at an upset limit of $28,000. BACKGROUND. The Municipal Works Infrastructure group established that Waterloo Drive has required continuous asphalt patching over a very short period of time. Video inspections of the sewer revealed serious cracking resulting in infiltration into the open pipe joints and road base failure. A geotechnical report indicated that poor soil conditions on Waterloo Drive were a major contributing factor to the failing infrastructure. Although base plans were prepared by in-house staff, the detailed design requires specialized expertise to address the unique soil conditions. ANALYSIS/RATIONALE Staff had intended to complete the design of the sewers in-house and where practical utilizing trenchless technology to reduce the impact of construction in this area. Soils information and field investigations have confirmed that this approach my not be viable. AECOM Canada Ltd. has the expertise to complete this analysis and to prepare the engineering design drawing needed to obtain all necessary approvals and project tender documents. According to Council policy, direct appointments are allowed up to $60,000. The proposal from AECOM includes an upset limit of $28,000 plus applicable taxes. November 2, 2009 -2- MW-2009-82 FINANCIALILEGAL IMPLICATIONS The 2009 Capital Budget included funding for construction works in the amount of $580,000. This project will not proceed to construction until 2010 or later. The proposed $28,000 fee for engineering services should be funded from this account. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with the following Strategic Priorities; • Establish infrastructure investment priorities, LIST OF ATTACHMENTS 1. Letter from AECOM to City dated October 14, 2009 (Work Program and Engineering Fee Estimate). 2. Location Plan 3. Capital Budget Worksheet Recommended by: Approved by: Respectfully submitted: Geoff Holman„ptfector of Municipal Works Ed Ken l'odd, Chief Administrative Officer C. McLeod S:SREPORTS12009\MW-2009-82 - Waterlood Drive Consultant Appointment.wpd AECOM AECOM 3 - 30 Hannover Drive, St. Catharines, ON, Canada L2VV OA1 T 805.862.0212-F905.882.4495 vnvw.eeoom.com October 14, 2009 Geoff Holman, C.E.T. Director Municipal Works City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ONT L2E 8X5 Dear Mr. Holman: Re: Waterloo Drive Rehabilitation Work Program and Engineering Fee Estimate As requested, we have reviewed the information provided by the City regarding on-going settlement within tl1e Waterloo Drive roadway. This settlement appears to be the resutl of existing for soil conditions and inilltretion and settlement of the underground sewer systems. We have reviewed Information provided by the City and provkle the following recommendations to address this issue. The information provided by the City consists of plan and profile drawings of Waterloo Drive, a Geotechnical Report prepared by Shaheen and Peaker dated October 31, 2008 and videos of the existing sewer system. We also provide an estimate of our engineering fees based on our recommendation, to prepare contract dopinttehts for tendering and provide contract administration services during construction. We understand that the City wishes to proceed with this project as soon as possible, subJect to Ciry approval and availability of funding. We are prepared to corilmence this project immediately following your authorization to proceed. Exlstlnc Conditbna F~cisting conditions on Waterloo Drive consist of on-going settlement of the roadway along the sewer alignments including some manholes. A review of the sewer videos indicates numerous open pipe joints, pipe deflections and some structural cracking. The'as-built information provided by the City also indicates a negative slope in some pipe sections. Proposed Restora8on Plan Based on our review of the. site and information provided by the City, we provide the following recommendations to rectify the existing deficiencies an Waterloo Drive: • Sewer sections wi8r an existing negative sbpe should be replaced, including manholes, to provide a positive slope. • Existing sewer sections showing structural cracking should be replaced. Page 2 Cny of Niagara Falls October 14, 2009 • Other sewersections should be grouted internalty to correct and prevent further in8ttration problems. We note that fhe Geotechnical Report provides recommendations regarding repairs to the sewer system. These recommendations include using a geotexble fabric around the sewer beddsrg as well as new pipe joints. In addition, proper quality control doting construction will be required to address existing soil condiions, weak sub-grade conditions or localized ground water conditions. We anticipate implementing these recommendaNonslnto this project. • We also note that the use of a sewer liner is an alternative solution for this project however, this method of repair does not rectify negative slops conditions or settled manholes. 7hls technique generally is also more crosBy than Jointsealing which for this pr%ct 1s more cosAeffectrve. • Our recommendation includes repairs to both the existng sanitary and storm sewer systems. • We note that the sewer videos provided by the City only include approximately 50% of fhe existing storm sewer system. Therefore, the balance of the storm sewer system should be videoed in order ~ complete our assessment Estimated Construction Costs Based on our preliminary review of the existing sewer systems, we have prepared an'order of magnitude' cost estimate for the repairs as follows: • Sanitary Sewer System • Storm Sewer System Enain~rina Feee $ 250,000.00 - $ 300,000.00 $175,000.00 - $ 200,000.00 The following engineering fee estimate is based on the recrommended restoration plan described above and includes preparation of engineering drawings, comract documents, tendering and construction administration. Task 1, Preliminary Design-Review existing conditions 2. Detailed Design and Preparation of Engineering Drawings 3. Preparation of Contract Documents 4. Ass(st the City with the Tendering Process Total -Design 5. Construction Administragon (40 working days) Total Fstimated Englncering Fee wakWan_oc,iao9m« Estimated Fee $ 8,380.00 $ 9,490.00 $ 7,390.00 1 820.0 $27,oso.oo , -~ evtg , on ~ y 49 0 $76,140.00 (Plus GST) AECOM Page 3, Ciry of Niagara Falls October 74, 2009 As part of the engineering costs, we r~ommend an allowance of $25,000.00 io cover geotechnical costs during the detailed design and construction phases of the project. Nso, the estimated construction administration fee is based on 40 working days of construction. This estimate may be lower depending on the amount of work to be determined during detailed design. We appreciate your consideration for thls project and look forward to wrorldng with the City. If addhional information or clar'rfication is required, do not hesitate to contactihis office. Sincerely, AECOM Canada Ltd. Gob Shields, P. Eng. Gord.Sh fields ~ aecom.com Copy to: Chuck McLeod, C.E.T., Gity of Niagara Falls w~~~a„~~ ~ AECOM APPROVED SCALE MUNICIPAL WORKS_ N.T.S. REVISION DATE DIRECTOR OF WHNCIPAL WATERLOO DRIVE FROM ROLLING ACRES DRIVE TO DORCHESTER ROAD DWG. NO. Rev. 1 of 1 0 DATE i ,8 ° Capital Budget Worksheet i ~ 2009 I Capital Management Reference Purchase Q . Department Municival Works - Improvement 0 t Project Name Wa[erbe Drive San tary Sewer Repair ConsWCtion(new) Q - Project I.D. R Development Q Category in 2008 2 Year lnitialb Approvetl - Project Description Waterloo Drive Dorchester to Rolling Acres Sanitary Sewer repair/refining7replacement & storm sewer spot repairs CURRENT ACTUAL as of December 31 YEAR YEAR YEAR YEAR YEAR YEAR 2008 2009 2010 2011 2012 2013 Opening Balance -Jan O1 0 0 p 0 0 (surplus)/deficit 0 E%PENDD'URES - - Engineerlng Fee: Studies Landf Building! Equipment COnetmCtlgn Siteworkf Land: - ~ Contingency Other EXPEN TOTAL ING SONRCES FDND SPei S~ Ti Prv TOTALF Closing Balance-Ded31 0 0 0 0 (surplus) 7 deficit 0 0 0:12009 SudgetlCapital ButlgeaMunicipal WorkalWaledoo Drive Sanitary Sewer Repair (new).gpw - 01JUn-09, 10:19:32 AM Nagara,Falls P[)-2008-84 November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ohtario SUBMITTED BY: Planning & Development SUBJECT: PD-2009.-84 CB&FIG-2008-020 to 2008-023 & CB&FIG-2009-008 to 2009-009 Commercial Building & Facade Improvement Applications Queen Street (4 properties) & Crysler Avenue (1 property) Applicant: Historic Niagara (Mordecai Grun) RECOMMENDATION That Council approve the applications for Facade and Commercial Building Improvement, subject to Historic Niagara meeting the Downtown CIP program requirements. EXECUTIVE SUMMARY The applications can be supported because: the items of improvement are eligible under the Commercial Building and Facade Improvement Grant program and. no funds will be provided until all program requirements are met. sufficient funds are available in the 2009 CIP Budget; and the work. has had a positive impact on the revitalization of the Downtown area. BACKGROUND The City has received five Commercial Building and Facade Improvement Applications for the Downtown area from Historic Niagara. Three of the applications (CB&FIG-2008-020, CB&FIG-2008-022 & CB&FIG-023) were received last year but were returned to the applicant because they lacked sufficient detail to provide a recommendation to Council. The other two applications are new (CB&FIG-2009-008 and CB&FIG-2009-009). All the buildings related to the applications have undergone improvements to both their facades and interior of the buildings over the past year. The applications and extent of improvements are briefly highlighted as follows: 4437 Queen Street - CB&FIG-2008-022 -The Buttery Extensive rehovations have occurred in the building that contains The Buttery. There is a restaurant and bar area as well as a separate room used for entertainment and feast with King Henry. The cost of facade improvements was almost $40,000 which included new doors, wooden cladding facia and awning. The structural and interior improvements cost almost $135,000 and included extensive electrical upgrades, new HVAC system and plumbing. November 2, 2009 - 2 - PD-2009-84 2. 4609-4611 Crysler Avenue - CB&FIG-2009-009 - Bella'r Spa and Hair Salon. (new application) The building was improved. during the summer of 2009. The facade improvements cost approximately $12,500 which included painting and new awnings. The structural improvements included new plumbing and air conditioning totalling $6,300. 3. 4613 Queen Street - CB&FIG-2008-023 -Paris Crepes The building was extensively refurbished with much of the inside restaurant and outside facade entirely new. The facade improvement costs were approximately $35,000 and included a rebuilding of the store front, new doors and windows, painting and signage. The inside improvements included new electrical wiring, HVAC system and plumbing. The structural and interior work costs were approximately $4(),000. 4. 4680 Queen Street - CB&FIG-2009-008 -Taps Brewery (new application) Extensive renovations have been carried out at Taps Brewery who operate their actual brewery operations on the site as well as a restaurant and bar. The brewery portion of the operation includes large stainless steel kettles and bottling operations. The facade costs were more than $77,000 which included a new store front and stucco exterior. Interior improvement costs were more than $145,000 and included extensive electrical and plumbing. work along with a nevv HVAC system. 5. 4388 Queen Street - CB&FIG-2008-020 - (Elgin Block), Balzacs Cafe and 4394 Gallery Improvements were carried out largely in two areas. One vvas for Balzac's Coffee Shop and secondly for 4384 Gallery. The facade improvement cost was approximately $27,000 and included a new store front for Balzacs with new vvindows, doors and awnings. The structural improvements were morethan $35,000 and included new lighting, plumbing and HVAC system. ANALYSIS A large portion of the work carried out on the buildings comply with the eligibility items contained in the Commercial Building and Facade ImprovementProgram forthe Downtown CIP. However, one of the requirements to be eligible for a grant is that the work is not to occur until after Council has approved the applications and the owner enters into agreements with the City. In the spring of 2008, Historic Niagara made application for thirteen (13) grantapplications and many ofthese applications involved buildings thatwere already improved. In this case, Council approved the applications subject to the payment of all outstanding property taxes. A large grant was paid to the applicant of these applications following the payment of all outstanding taxes for the properties and proof of all eligible expenses were paid to the. contractors. The recommendation of this report is based upon a similar approach as the previous applications. November 2, 2009 - 3 - FINANCIAL IMPLICATIONS PD-2009-84 The City's Finance Division has been working very closely with the Historic Niagara regarding their required tax payments and they have advised that owner is on a payment plan for all five of the properties subject to this report. The grant amount to be received under the 2009 CIP General Purpose Budget (1 t-3-823005-050000) is approximately $105,000. In addition, once the applicant receives their grant, the City will request that Region of Niagara to provide the City with a portion of the facade grant which is expected to be about $23,000. CITY'S STRATEGIC COMMITMENT The improvements carried out on the buildings of Historic Niagara satisfy the objectives of the Downtown CIP and encourage the continued rejuvenation of the area. Although the improvements have been carried out before approval by Council, the overriding positive is that many of the Dowhtovvn buildings have been renovated and facades improved. These improvements have changed the appearance. of Downtown and continue to stimulate additional development. LIST OF ATTACHMENTS Appendix 1 -Location map of the subject properties. Appendix 2 -Summary Chart of the five grant applications from Historic Niagara. Appendix 3 -Illustration. of facade improvements. Recommended by: Approved by: Respectfully submitted: ~~~~~~~ .Alex Herlovitch, Director of Planning & Development Ed Dujlovic,~x ive Director, Community Services Ken A'odd. Chief Administrative B.BOlibruck Attach. S:\PDRt20091PD-2009-84, CB&FIG-2008-020to2008-023 & 2009-OOSto2009-009, Historic Niagara.wpd . November 2, 2009 -4 - PD-2009.84 APPENDIX 7 SCACbXw.i-4'.'tiS 28~N V C ~= S m a ~L C ~ O_ Q~ ~.r V Q Q ~ c m v C7 C c. E q; z ~¢~ ~®01 sT.amanve ,. 1 e 1 saraa,~uc 1 1 l J ES sruw~~ve t ~ 1 ~ ~ 1 ~ e ~ ~ ~ f ~ ~ t ~~ ~~~F ~~~~ ~" ~. ~ a p~p November 2, 2009 - 5 - PD-2009-$4 APPENDIX 2 Y F d O~ O N O O O r N O 47 M Lf1 In te7 N C Q ~ U f» F» ~r ~s u> w T O O ~ ~~ O O 0 0 p p ~ a ° ° ' ino ~p~,.~ oo ono ono c ~ - c9 w fa Fsr ra a» ra E» ea e~s Fa es, w R o ~ W c li C7 O a+ N_ 2 '~ d ~° on no m ` ~~ -p ~ o ~o ~nm vv 0n mn ~°c . `~j ~. M M N~ M M n V N M ~ ~G7 ~ N ~ - 69 EPr EA EA EA to E9 K7 b4 Vi Yi fA MJ c O E a+ l0 ~ ~ rn ~ 5 d rn ~ ~ m rn ~ d rn ~ rn tl p ~ a 0 ~~ o . ~a o ~ ~.~_o ~a ~ii ~ L L L 2 l m ! m l m lL m LL m Q C N c ~ ~ ;~ r a~ z ~ ~ ~ N ~ ~_ ~ ~ ~ ~ E m C U °~ C N ~~ C M ~ °ts mm moo ~Q ~3 dY~ ~ 3 . ~ N ` d V a~j fq ~ U ' m ~ N CCU C7 m C7m c~ ~ n O l6 M N O~ W C ,~ - V V O N (gyp N _ M A N F m ~a v F- e~wm N D fY7 p p Cj ° O O ~k O O O W O ~ C p O N N N N p N LL IL lL lL LL a Q ~ m m m m m Q U U U U U ~ ,.... ~. ca ,C C~ ~" et F W W K F N z w w d z U a LL Z O H W J W Z H N X w APPENDIX 3 v~ D W ao _qo ~- ~.. _~ $~~ B m N O 4 O a s gi ~ v ~ o n H Z W W 0 a w 0 U Q LL Z J_ m W F W J a O U au _.. ~~ U r- N ':- ~. 2 U WH Y ~ - ®,.., B -a d o- ~ s.. „e m m - N ~ P n n o a z S S P v ~ n 0 m n Paris~Crepes 4613 Queen Street EXISTING BUILDING ELEVATION -FACING QUEEN STREET COMPLETED BUILDING FACADE IMPROVEMENT ~~ _~ Taps Brewery 4680 Queen Street ~~ PD-2009-85 Niagar~-~ November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD-2009-85 CB&FIG-2009-005, Commercial Building & Facade Improvement Application Applicant: Franjo and Anda Marjanovic 5844 Ferry Street (Ferry Street Cafe) RECOMMENDATION 1) That the Commercial Building & Facade Improvement Grant Application for 5844 Ferry Street be approved subject to the owner satisfying the program requirements. 2) That the Mayor and Clerk be authorized to execute the grant agreement. EXECUTIVE SUMMARY The application can be supported because: the building improvement requested by the applicant is an eligible item under the Commercial Building Grant program; and sufficient funds are available in the 2009 CIP Budget. BACKGROUND The City has received its fifth CB&FIG application of 2009 within the Historic Drummondville area. The property is currently occupied by the Ferry Street Cafes. The Committee may recall that the applicant applied earlierthis yearfor a facade improvement grant and this application was approved. The applicant indicated, at the time of the previous application, that she wished to seek additional funding under the Commercial Building Grant. However, she had limited funds at her disposal that did not allow her to carry out any additional improvements. The internal building work that requires replacing is the furnace. Recent failure of the fumace and eligibility of such items under the Commercial Building program has encouraged her to apply for a grant. The applicant has submitted two estimates from furnace contractors. The lower estimate is $4,838.00. If approved, the applicant will be eligible for a grant of $2,419.00. November 2, 2009 - 2 - PD-2009-85 ANALYSIS Under the Commercial Building component of the grant program there are a variety of building maintenance and improvement works that are- eligible for a matching grant. ' Required improvements to heating systems is identified as one such item. FINANCIAL IMPLICATIONS The approval of this application will provide a grant to the applicant of $2,419.00. The grant amountwill be provided from the ClPfunding in the approved 2009 General Purpose Budget (11-3-823007-050000). CITY'S STRATEGIC COMMITMENT The approval of the grant application will satisfy the objectives of the Historic Drummondville CIP and encourage the continued improvements of buildings within the Main and Ferry area. LIST OF ATTACHMENTS Appendix 1 -Location map of the subject property. Recommended by: Approved by: Respectfully submitted: 6Z Alex Herlovitchr ire or of Planning & Development ~n Ed Dujlovic, Executive Director, Community Services Ken Todd, Chief Administrative Officer B.BOlibruck Attach. S:\PDR12009\PD-2009-85, CB&FIG-2009.005, Marjanovlc, 5844 Ferry St.wpd November 2, 2009 - 3 - PD-2009-85 APPENDIX 1 ~~ NiagarapaIIs PD-2009-81 November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning & Development SUBJECT: PD-2009-81 Open Houses for Official Plan and Zoning By-law Amendments RECOMMENDATION That Council pass the revised Pre-consultation By-law appearing on the agenda to require an open house to beheld for applications to amend the City's Official Plan and Zoning By-law as part of a complete application. EXECUTIVE SUMMARY Staff is proposing an amendment to the City's Pre-consultation By-law (No. 2008-189). The amendment is proposed to require proponents of applications to amend the City's Official Plan and/or Zoning By-law to attend open houses hosted by City staff to inform surrounding property owners about the developments that could result from the proposed amendments. The open houses would occur prior to the formal Public Meetings required by the Planning Act to be held with Council. BACKGROUND On November 3, 2008, Council passed the City's Pre-consultation By-law No.2008-189 which requires persons who intend to file an application to amend the City's Official Plan and/or Zoning By-law, subdivide land (plan of subdivision or consent), or obtain site plan approval to consult with staff first. Refer to the attached report (PD-2008-94) and By-law (No. 2008- 189) for further detail. Proposal Open houses provide an opportunityforthepublic tolearn aboutdevelopmentproposals and ask questions in a relatively informal setting. Staff is proposing an amendment to the City's Pre-consultation By-law to require proponents of applications to amend the City's Official Plan and/or Zoning By-law to attend open houses to inform property owners within 120 metres of subject lands about developments that could result from the proposed amendments before the required Public Meeting before Council. Open houses would typically occur at City Hall to minimize costs and ensure meetings are accessible to all persons. These meetings would be held approximately two weeks after all the required information was received to ensure there is sufficient time to obtain department and agency comments before meeting with the public. The meetings would be held either late afternoon or in the evening to enable working residents to attend. The applicant and the public would receive notice aboutthe meeting through the mail approximately two weeks in advance. The City-produced notice would identify the purpose, date, time and location of the open house. November 2, 2009 - 2 - PD-2009-81 Open houses would be hosted by City staff to facilitate an orderly exchange of information and input between applicants and the public. It is hoped applicants would take advantage of the opportunity to interact with the property owners surrounding the developments. It is also hoped area property owners would more readily provide feedback outside of the formal public meeting process. A number of developers have already been holding open houses on a voluntary basis with much success. Open houses would be held a minimum of three days in advance of the City giving notice of the public meeting before Council. This would afford the applicant an opportunity to modify the proposal and the application if desired. To assist the public in understanding the proposed development the following information would be available at open houses: • A graphic presentation depicting the layout and the proposed development. • A development "fact sheet" including the size of the proposed project, proposed land use, number of dwelling units, tenants of the .project, building heights, parking requirements, land dedications, landscaped open space, setbacks, lot coverage, floor area, public recreation components or facilities, etc. and the current and proposed designation and/or zoning. • A letter of intent from the applicant explaining how the proposed development will be compatible with surrounding land uses and what steps have been taken to ensure compatibility with the neighbourhood and community. Sign-in sheets would be used to record who was in attendance at the meetings and forfollow- up if necessary. City planners chairing the meetings would provide the introductory remarks including an overview of the proposal and would record the comments made during the meetings. Written comments would also be welcome. Following the applicants presentation and a question and answer period, the City plannerwould inform the public regarding the next steps and the need to attend the mandatory public meeting or submit formal comments if they wish to pursue their concerns with Council or file an objection. An amendment to the City's Pre-consultation By-law is necessary to require the holding of open houses as part of a complete application. The amending By-law is included in Council's agenda for consideration and passing. The By-law is identical to By-law No. 2008-189 passed on November 3, 2008-with the exception of an additional clause requiring an open house to be held as part of a complete application. CITY'S STRATEGIC COMMITMENT Council is committed to improving the quality of life for City residents. Public consultation is an excellent way to find out the quality of life City residents desire. Public open houses are one of a number of tools that can be used to obtain public views and can help resolve issues that have not been discovered until the required public meeting before Council. Council is also committed to monitoring and improving the efficiency of the organization. It is believed that public open houses for development applications will assist in addressing various development issues prior to the formal review by Council at required public meetings. November 2, 2009 - 3 - PD-2009-81 LIST OF ATTACHMENTS Staff report PD-2008-94 By-law No. 2008-189 Recommended by: Approved by: Respectfully submitted: Itch, Director of Planning & Development r ~ ~ Ed Dujlovic,t.l=xecutive Director, Community Services Ken Todd, Chief Administrative Officer K.Mech:mn Attach. S:1PDR42009\PD-2009.81, Open Houses for OP & ZBA.wpd . novemuer 3, 2ppS PD-200$-94 l~T~.~ara,~alls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council. City of Niagara Fails, Ontario The recommendation(s) contained in this reportwere adopted by City Council Members: Re: PD-2008-94 Preconsultation on Certain Applications Underthe Planning Act RECOMMENDATION: That Council approve the preconsultation by-law on this evening's agenda. BACKGROUND: The Planning and Conservation Land Statute Law Amendment (Bill 51) introduced changes to the Ontario Planning Act including the option for Council to require preconsultation between applicants and the-City as part of a complete application for an Official Plan or zoning amendment, plan of subdivision, site plan or consent. Through Planning Report PD-2008-13, Staff recommended that preconsultation be made a condition of a complete application so that applicants can be advised by Staff early in the process of what is necessary for the application and the costs of the work involved. This would result in a-better quality proposal and thus fewer delays at the review and decision making stages. Preconsultation involves a meeting, either.foi-mally orinformally, behveen staff and a proponent where details of a proposal are provided to the Planner and, fn return, an outline of which reports and studies are required through the Planning Act regulations and the City's Official Plan to constitute a complete application. Where an application is considered to be minor in nature, the Director of Planning or his delegate, may waive the requirement for a formal meeting. Council must adopt a By-law to require preconsultation and a policy mast be included in the Official Plan to include preconsultation as part of a complete application: - The Region recentlyapproved the City's Official Ptan Amendment#76 which adds a policy to tie Official Plan to require preconsultation as part of a complete application:• Working Together to Serve Our Community ~ ComP~ann ng 6 p~ P ~r~Nnent November 3, 2008 - 2 - PD-2608-94 - By-Iaw200$-164 was approved by Council on September 22, 2008 to require preconsultation as provided for under the Planning Act for Official Plan and Zoning By-IawAmendments, draft Plans of subdivision or condominium and consents to sever. • The By-law on this evening's agenda adds the requirement for preconsultation for applications for site plan control. Recommended by: of Planning Approved by: Services Respectfully submitted: (/ ~ C John Ma Wald. Chief Admi F.Berardl:mb S:IPbR120081P0.2008-84, AM•2008.013, Preconsultadon.wpd CITY OF NIAGARA FALLS By-Iaw No. 2008 -189 A by-law to require pre-consultation on certain Planning Act applications in the City oflViagara Falls. WHEREAS Sections 22(3.1), 34(] 0.01 }, 41(3.1) and 51(16.1) of the Planning Act, R.S,0.1490, Part 3, as amended, allow municipalities to pass by-laws to require applicants to consult with the municipality prior to the submission of an application made under the Act for an amendment to the Official Plan or Zoning By-law, plans of subdivision, site plan control or consent; and WHEREAS the Official Plan allows for such consultation meetings as aprovision of orihe submission of a complete application; and WHEREAS the Council of the City of Niagara Falls wishes to require consultation with the City prior to the submission of certain applications made under the Planning Act; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That persons intending to make application to the City of Niagara Falls for an amendment to the Official Plan or Zoning By-Iaw, draft plan of subdivision, site plan control or consent, be required to consult with City Staff prior to the submission of the application. 2. That the purpose of such consultation meetings will be to review a draft development proposal for the lands affected by the proposed applications and to identify the scope of additional supporting information or material required. by the City of Niagara Falls and/or other affected agencies to allow frill consideration of the development application. 3. That in the absence of consultation prior to the submission of an application and the submission of all required supporting information or material, the City of Niagaaa Falls may deem an application as incomplete under the provisions of the Planning Act. 4. The Director of Planning or his designate shall have the discretion to waive the requirement for a formal consultation meeting when, in his/her opinion, it has been deemed to beunnecessary-for a complete review of the application. 5. Where a consultationmeeting is deemed to be necessary, a consultation checklist or agreement shall be completed and signed by all parties present. 6. That By-law No. 2008-164 be repealed. Passed this third day of November, 2008. . ~.. .....~a~-~-.. ~"....... DEAN IORFID CITY CLERK Fist Reading: Second Reading: Third Reading: November 3, 2008 November 3, 2008 November 3, 2008 ~, , , R. T. (TED) SALCI, MAYOR TS-2009-43 Nigar~,j~alls November 2, 2009 saxana REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2009-43 Erie Avenue -Parking Review RECOMMENDATION That a "No Parking -Passenger Drop Off Zone Only" zone be established on the west side of Erie Avenue from a point 29 metres south of Bridge Street to a point 41 metres south of Bridge Street. EXECUTIVE SUMMARY The proposed zone will enable persons to stop their vehicle momentarily next to the transit terminal to discharge passengers and luggage. BACKGROUND Drivers are currently prohibited from stopping on the west side of Erie Avenue adjacent to the transit terminal building. A request has been received to allow the public to have the ability to discharge passengers and luggage next to the building similar to the newly established zones next to the train station. ANALYSIS/RATIONALE Transportation Services has no concerns with the requested passenger drop off zone. Drivers will be permitted to stop their vehicles for short periods while they drop off passengers; they will not be permitted to-park their vehicles within this area. Two (2) vehicles will be able to fit into the "no parking -passenger drop off zone only" zone. Further to the signing revision, the proposed zone will be augmented with hatched yellow markings, while the bus area to the south will be painted with white hatched marking to match the painted zones on Bridge Street next to the VIA train station. The proposed zone will not affect the ability of bus drivers in accessing the downstream bus standing area. FINANCIAL/STAFFINGILEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material costs are accounted for in the Approved 2009 General Purposes Budget. Cost studies estimate that the cost to manufacture and install the signs and applythe pavement markings is approximately $400. November 2, 2009 -2- TS-2009-43 LIST OF ATTACHMENTS Study Area drawing. Recommended by: Approved by: Respectfully submitted: Dren, Director of Transportation Services Ed DujlovicvExecutive Director of Community Services Ken 1"odd, Chief Administrative Officer J. Gru6ich H~ ``fit.` ~ o z~ C ~~t, i ~~~' 4"_ fir` ~' I ; ~` ~~ t `r~ .~ ~ r fn Y L a C N c~ C d Q O N ~ ~ N 0 3 Q m ~ c O ~w ~ `x ~ W c 0 o ~ N c c m 0 o d :~ ~ ~ C_ C c d 'p i o m a cn in o 0 o z Z z :~ ~ ~ ~ c ~ o N N Q- .X •X O W W ~ 1 e ~ F 1 3 v ~ ~~ e ~ ~ 0 Q N ~ H W d /_: ~. ~+ ~W~~~ 1r+IJ Y -_ N~~j;~)t'j1S TS 2009-45 November 2, 2009 ,REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2009-45 Peer Street -Heavy Vehicle Restriction RECOMMENDATION That heavy vehicles including buses be prohibited on Peer Street between Allendale Avenue and Main Street. EXECUTIVE SUMMARY The proposed prohibitions will prohibit large trucks including buses from shortcutting on Peer Street. The signs will not affect local deliveries that have a destination within the prohibited zone, ortourbus operatorswhich provide Underground Railroad /Freedom Trail tours, for which a national historic site is present on Peer Street. BACKGROUND Concerns have been raised by Peer Street residents that commercial bus drivers have been utilizing Peer Street as a shortcut route. ANALYSISIRATIONALE Peer Street is a predominantly mature residential street that extends between Allendale Avenue and Main Street. Peer Street extends parallel with Ferry Street, which is the next street to the north. When Ferry Street is congested, bus operators may choose to infiltrate into the neighbourhood and use Peer Street. To mitigate concerns regarding heavyvehicle operators from infiltrating onto Peer Street to avoid major roads, a heavy vehicle prohibition including buses is required to be posted. Signs to identify the prohibition will be posted at both ends of Peer Street. The R. Nathaniel Dett Chapel, British Methodist Episcopal Church has been designated by the Canadian Government as a place of national historic significance. The Church is located on the southwest corner of Peer Street and Grey Avenue. The church is one stop on tours which highlight significant Underground Railroad /Freedom Trail history. The proposed restriction will not affect bus operators which provide tours of the Underground Railroad history, given that there are no other routes which a driver can use to gain access to the church property. November 2, 2009 -2- TS-2009-45 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material costs are accounted for in the Approved 2009 General Purposes Budget. Cost studies estimate that the cost to manufacture and install the signs is approximately $450. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Ken Todd, Chief Administrative Officer J. Grubich `~~ * ~ ~,`~ ~ ~ '~`;~ ~~ - ,~'~; , r1~._ _ ~_~~t_ ~' ~~; r `~~ ~~ ~. r- , e ~, »~: , ,~ ..~~~ ~" '~ '''~ ~ ~ ~.- ~- ~ i _l ~•.~~T . ~;": ~ ~~ -~ >~: '~ ~. ~ "~~ ,. - ~ ,., { Gr. a.; .~~ . ,, t ~~.;~ ,~ ~a ~~ ~~ ~~ `~' ` is PI. 1.#} ~-i 4i. fiRt ffRUt .. s ._~ ~ 3.- q{. ~~ ~~: p.~. . y a . .'` ~ S '1 r~• 1 ji~ ~ R, ~.Ma~r- St, ,'~'`,i,, ;~` ~ ; ~' ~-~~ . r_:-L c o ~ o U a=y .` U ay ""' ~ ~ ~ ~ U _~ ~ ~ ~ ~ ~ ~ ~ ~ > m ~, m Q1 ~ ~ O ~ Z ~ Z ~ ~ ~ ~ ,G CA C O ~ ~ 'L3 O U X U ~ = W ~ ^ ^ ^ _~ V ~ ~ Q1 ~ ~ > o "' ~' ~ ~ v tea= ~:: ~: ~.. spy ~._~ Ntc"It~c"1t;t"cZ~"'6i~1 TS-2009-44 November 2, 2009 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services SUBJECT: TS-2009-44 Mewburn Road -Road Closure RECOMMENDATION That Council approves the by-law appearing on tonight's agenda to prohibit passage over the Mewburn Road rail bridge. With an amendment to allow temporary passage of pedestrians and human powered vehicles. EXECUTIVE SUMMARY A bylaw to authorize the closure of Mewburn Road at the rail bridge has been prepared. The bylawwill be in effect until bridge remediation is completed and traffic is again allowed to pass overthe rail corridor. The detoursignswill be removed and replaced with "No Exit" signs, and supplementary information signs identifying the closure at the bridge. BACKGROUND At its meeting on June 8, 2009, City Council adopted the recommendations set in report MW-2009-42 regarding the temporary closure of the Mewburn Road Bridge over the CN Railway. On August 31, 2009, City Council approved the engagement of Delcan Corporation to complete the Environmental Assessment that would examine options for reopening the roadway. (See MW-2009-59) Recent discussion with Emergency Services and Operations staff has identified the need to make the road closure signage more visible and durable so that they will not be jeopardized during winter conditions. The issue of pedestrian activity has become a concern to staff given the uncertainty of the structural integrity of the bridge. This bridge is identified as part of the Bruce Trail and staff continue to have concerns about the use of the bridge by pedestrians and non-motorized vehicles. Since the bridge is owned by CN, staff requested their position regarding the use of this structure even by non-motorized vehicles and pedestrians to which staff received the following response. "We have discussed fhe matterof permitting pedestrian use only and are of the opinion that no traffic of any kind be permitted to use the bridge. It appears that any safety factors with the load capacity of the bridge no longer meet standards. We are not concerned at this time that the structure will collapse since it was handling heavy traffic a short time ago. We will continue fo monitorthe bridge forsigns of failure and movement." John MacTaggart, P.Eng., Senior Engineering Services Officer. November 2, 2009 -2- TS-2009-44 The Notice of Study Commencement for the Environmental Assessment has been advertised and the first Public Information Centre is scheduled for mid-November. ANALYSISIRATIONALE It may be another two years before remedial action is completed which would allow traffic to traverse the rail corridor. Municipal works have identified a concern regarding the quality of snow plowing on Mewburn Road around the large road-closed sign. Furthermore, detour signing is normally not used for durations that extend beyond one year. In the interim, Staff is suggesting that the street be signed with a "No Exit" sign supplemented with the star burst "New' sign on top. An information sign stating "Mewburn Road Closed at Bridge" will also be posted for driver information, Section 35 of the Municipal Actgives municipalities the authority to pass a bylaw to restrict the common right of passage over highways. The opposite end of the road segment, north of the rail bridge, is located within the Town of Niagara-on-the-Lake. Staff has updated town staff on the City's undertakings. As the bridge is entirely within Niagara Falls, town officials would only need to install similar signage at the ingress to the road segment. FINANCIALlSTAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out byTransportation Services staff. The labourand material costs are accounted for in the Approved 2009 General Purposes Budget. Cost studies estimate that the cost to manufacture and install the signs is approximately $725. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Ken Todd, Chief Administrative Officer J. Grubich Location Proposed ~ of Qverpass ., Sign _ ~ ,~~ ~. >_ fff~ ~ ~ ~k~i's',', a N x i~, ', ~~ .~' !~ E _ ._ k. ~. ~. . ~ ..ELI - ~ =: ~. '~~ ~~, ` _~yyfF ~~d CC n s _ r _ (l{{{r ,~. ~tu~. ,.~ r ac f ~'~. t- Tt . ~ ~~ . ~`~~ ~ .Proposed ~. ~~" ~ ` Signs ~~ ~~ ~ ~~ ~~, 4~ ~ 7.. - i „~ ~ 3 1 !: ~~~~~} ~~ ,, ~~ EDIT `~'~' ~ '. ~~`` °- s ~ ~,~,` ~'' Mev~bum Rd. L4 - #~if~ 3f~ ~~ L,~ ~~ } I ~ I `~,` , ~' `~ ~' ~~ ~ BRIDGE i ~ ~ ~~ I ~ t'ti i ~ ~ _ - Rd. _ i ~ ~~,I' ',~''~ `> Mewburn ~,~ ,~ ~ ~ ;~ ~ ~ ~~ ~ } k;i. ~' ~ i pp -;. ~ I ifi ~+~ ~ ~ 1 . i ~ ~ is ~ . L~ i ~ ~ ~ .~ .u ;r^,,, . ~ I -x ~_ - ~ ~ - ~ },..,a ~~~~ ;~ ~.;. ~~.._ Mountain Rd. ~f .~ _~ -. TS-2009-44 '~' Mewburn Roa d Nia~a~~ifc~l~A~ Road Closure .~,~. ~. ~. ~.~; x f~~w~e :. - •. ~+ ~. :;- " w. -~; '~ ~ r TTT ,~~Y' J 1V(~RTH u~~ roa.r,~ ~~ N~agara,~~„tIs TS-2009-47 November 2, 2009 t.2EPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls SUBMITTED BY: Transportation Services SUBJECT: TS-2009-47 Eastwood Crescent Traffic Operations Review RECOMMENDATION That this report is received for the information of Committee. EXECUTIVE SUMMARY No additional traffic control devices are warranted on Eastwood Crescent between Victoria Avenue and Palmer Avenue. BACKGROUND A follow up review was carried out on Eastwood Crescent between Victoria Avenue and Palmer Avenue in response to report TS-2008-51 which was presented at Committee on December 1, 2008. The Committee requested Staff to review the traffic operations over the next six months. The concerns which precipitated the original review stemmed from traffic operation issues including traffic volumes, congestion, speeds, heavy vehicles, parking and visibility. A concern regarding the potential for increased traffic through the neighbourhood once the seven storey residential apartment complex at River Road and John Street is constructed was also expressed. In response to these concerns, Staff recommended the installation of a heavy vehicle restriction on Eastwood Crescent, a stop sign on Wesley Place at Eastwood Grescent, a stopping prohibition on the south side of Eastwood Crescent to the east of Victoria Avenue and prohibited buses from parking in the metered parking stalls on Victoria Avenue to the north and south of Eastwood Crescent. ANALYSIS/RATIONALE Traffic recorders were installed for a duration of one week on Eastwood Crescent to record traffic volume and speed data. Similar traffic volume results were obtained with last year's study. On an average day, Eastwood Crescent carries a 2-way volume of 1580 vehicles between College Grescent and Victoria Avenue, and a 2-way volume of 1040 vehicles between College Crescent and Palmer Avenue. Speed studies identified that the 85`h percentile speed on Eastwood Crescent, the speed which the majority of motorists travel at or below was calculated to be 48 km/h west of November 2, 2009 - 2 - TS-2009-47 College Crescent, and is 46 km/h east of College Crescent. The speed data collected is: similar to the studies carried out in autumn 2008. Given that the speed limit is 50 km/h, a speeding problem was not identified. An origin and destination study was carried out to determine the number of drivers using Eastwood Crescent that does not have either an origin or destination on the roadway. Data was collected for two hours in the morning and two hours in the afternoon. During the duration of the study, a total of 258 vehicles was observed in the eastbound direction of which 129 vehicles or 50% passed directly through. In the westbound direction, a total of 250 vehicles was observed and 140 vehicles or 56% of the total passed through. These study results indicate little change from previous studies. As noted in the previous report, Palmer Avenue is a collector road that runs parallel to Victoria Avenue and offers an alternate route to downtown. Motorists exiting Roberts Street onto Victoria Avenue may choose to access downtown area via Eastwood Crescent and Palmer Avenue rather than proceeding north on Victoria Avenue. Motorists may feel that using Eastwood Crescent instead of Victoria Avenue is quicker as there are no traffic signals to pass through to reach downtown. A time and delay study revealed that the time to reach downtown would be the same via either route, subject to the motorist not having to stop for a red light at any of the seven traffic signals they would encounter. Thus, there is evidence that motorists that have no origin or destination on Eastwood Crescent use it as an alternate route. This is not an uncommon occurrence on streets that extend between two arterial roads and/or collector roads. Drivers on College Crescent are afforded maximum sight lines in both directions from a stopped position given that parking is prohibited on the inner circle. Permit parking is present on the outer circle abutting the residential dwellings. Each intersection within the study area is controlled by a stop sign on the minor approach to assign the right-of-way. Observations were done to determinewhetherdelays and long queues occuron Eastwood Crescent as driver wait for a suitable gap to turn onto Victoria Avenue. The longest queue was observed to be four (4) vehicles. All motorists were able to make their respective turning movements from Eastwood Crescent onto Victoria Avenue with little delay. Although Eastwood Crescent curves throughout its extent, drivers approaching the intersection are able to see if vehicles are already stopped at the intersection, given that parking is prohibited on the inner curve and stopping is prohibited on the outer curve within 30 metres of Victoria Avenue. There has not been any rear-end collisions at this intersection which would indicate thatthere is a visibility issue as drivers approach the stop sign. There has been one (1) collision within the study area since the previous review. It involved a westbound driver on Eastwood Crescent not yielding the right-of--way to a northbound cyclist on Victoria Avenue. A stop sign compliance study was carried out at the intersection of Eastwood Crescent at College Crescent to address concerns related to drivers disobeying the posted signs. Although a low sample was obtained, observations identified that 85% of motorists performed a rolling stop. Based on the results of the follow-up studies, no additional traffic control devices are warranted. Staff has requested the Niagara Regional Police to provide stop sign enforcement at the intersection of Eastwood Crescent at College Crescent, as there is evidence that the majority of motorists are not completing a full legal stop. November 2, 2009 LIST OF ATTACHMENTS Study Area drawing. 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