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2012/04/24COMMITTEE OF THE WHOLE AGENDA FOURTH MEETING Tuesday, April 24, 2012 5:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the March 27, 2012, Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) TS- 2012 -14 Historic Drummondville Parking Study Karl Dren b) MW- 2012 -26 Kalar Road Home For Girls Soccer Proposed Operational Improvements Geoff Holman c) MW- 2012 -23 Willow Road Drainage Petition Geoff Holman 3) NEW BUSINESS: 4) ADJOURNMENT: MINUTES OF COMMITTEE OF THE WHOLE Tuesday, March 27, 2012 Committee Room 2, 5:30 P.M. All members of Council were present. Councillor loannoni chaired the meeting. 1) MINUTES: a) MOVED on the motion of Councillor Morocco, seconded by Councillor Wing that the minutes of the February 28, 2012 Committee of the Whole meeting be approved. Motion: Carried Action: Recommendation submitted to Council March 27, 2012. 2) REPORTS: a) PD- 2012 -08 Appeal of Committee of Adjustment Decision Minor Variance Application A- 2011 -023 Parts 3 & 4 on Reference Plan 59R -7429, Montrose Applicant: Johnny Ventresca MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio: 1. That Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Minor Variance Application A- 2011 -023; and 2. That staff report back on testamentary devise lots and possible Official Plan amendments related to testamentary devise lots. Motion: CARRIED Opposed: Councillors Wing, Morocco and Gates opposed to # 1 Conflict: Councillor Pietrangelo. Action: Recommendation submitted to Council, March 27, 2012. b) MW- 2012 -14 Don Johnson Park Upgrades & Hydro One Park Licence Agreement Renewal MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that: 1. That Council authorize staff to proceed with a renewal agreement with Hydro One for the use of Hydro property and that the Mayor and City Clerk execute the finalized agreement. 2. That staff be authorized to complete the engineering phase ($10,000). 3. That an expenditure of $138,000 be included in the 2012 Capital Budget deliberations. -2- Motion: CARRIED Action: Recommendation submitted to Council, March 27, 2012 c) PD- 2012 -21 Regional Policy Plan Amendment No. 1 -2012 Gateway Urban Employment Lands MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Council approve that report PD- 2012 -21 be submitted to the Niagara Region as the City's formal comments on Regional Policy Plan Amendment No. 1 -2012 and that the expansion of the gateway urban employment lands include the DiCosimo/ Mont Rose lands. Motion: CARRIED Action: Recommendation submitted to Council, March 27, 2012 3) Adjournment MOVED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the meeting be adjourned at 6:15. Motion: CARRIED Niagararalls C � v iL.i REPORT TO: Councilor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2012 -14 Historic Drummondville Parking Study TS- 2012 -14 April 24, 2012 RECOMMENDATION 1. Council adopt the recommendations in the Drummondville Parking report prepared by Transforward Consulting Group Inc. Introduce financing opportunities to be consistent with the self sustaining parking philosophy in other parts of the city ii. Maintain the current level of parking supply to meet existing parking demand Investigate securing longer term parking assets to accommodate future parking demand iv. Encourage through design links for active transportation to /from and within municipal parking facilities v. Explore validation of parking and other opportunities for merchant loyalty programs vi. Develop a bold way finding /signage system v. Initiate capital improvement projects EXECUTIVE SUMMARY The Drummondville Parking study examined the immediate and future public parking demand and supply in the Drummondville area and Greater Niagara General Hospital area reveals. The project objectives were: 1. Assess the immediate parking needs (up to one year) related to the redevelopment and new developments within the study area 2. Assess the medium (2 - 5 years) and long term (6 - 15 years) needs related to the redevelopment and new developments within the study area April 24, 2012 -2- TS- 2012 -14 3. Develop the most efficient and effective means of providing and administering parking services within the study area The short term parking supply and demand are fulfilled within the Drummondville area. The current supply is capable of supporting the anticipated development pressures for the next several years. It should however be noted, that any loss of parking in any of the three municipal lots should be replaced to ensure supply is maintained. The introduction of an hourly rate within the three lots which are currently free of charge supports the user -pay philosophy, and will assist in generating funds to offset maintenance costs and future asset acquisition. Furthermore, the implementation of permit parking in the parking lots will enable those who park on a daily basis with a reduced rate in lieu of paying by the hour. The short tem financial strategy includes the introduction of: 1. $0.25 per hour increase to on- street parking meter rates within the study area 2. $0.50 per hour pay parking within Municipal Lots #12 - Sylvia Place, Municipal Lot #13 - Main Street and Municipal Lot #14 - Lundy's Lane 3. $20.00 per month permit parking in Municipal Lots #12 - Sylvia Place, Municipal Lot #13 - Main Street and Municipal Lot #14 - Lundy's Lane The implementation of hourly rates and permit parking support the Rate Stabilization Plan to fulfill the 10 -Year Parking Capital Infrastructure Program. The projected long term parking demand will be realized upon full development build -out within the Historic Drummondville area. At that time the study suggests that 140 additional parking spaces may be required in the long term, 6 -15 years, depending on economic recovery. Long term strategies include: 1. Secure parking assets to accommodate parking demand and supply through long term leases or assembling sites 2. Partner with developers for sites to service demands particularly south of Peer Street 3. Monitor land use changes and their impact of parking supply use 4. Introduction of smartcard, tourist cards, merchant loyalty programs 5. Introduction of cash -in -lieu as economy recovers BACKGROUND Transforward Consulting has completed the Historic Drummondville Parking Study initiated late 2010. The purpose of the study was to assess current municipal parking supply with respect to existing and future parking demand within the study area. Future demand assumptions were based on the Historic Drummondville Community Improvement Plan, City of Niagara Falls Zoning By -law 79 -200, the Provincial Smart Growth Policies as well as approved development applications. April 24, 2012 -3- TS- 2012 -14 To provide guidance to the consultant, a committee was formed including staff from Transportation Services and Planning in addition to representatives from the Main /Ferry BIA and the Greater Niagara General Hospital. In addition to the technical component of the study, public input was sought via post card surveys, electronic surveys, meetings with the BIA as well as a formal public meeting held on November 15, 2011. The recommendations in the report were based on the compilation of technical and public input. ANALYSIS /RATIONALE There is currently adequate parking availability in the Drummondville area. The adoption of a user -pay philosophy by introducing hourly pay parking and permit parking within Municipal Parking Lot #12, 13, and #14 is consistent with other municipal parking lots throughout the city. Long term strategies address the needs of future demand based on full build -out within the Historic Drummondville area. The timing will be dependant on the progress of redevelopments. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The financial implications in the adoption of the recommendations will be addressed in the City Wide Parking Strategy being presented at the May 8, 2012 Council Meeting. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priority to continue the parking operations user -pay philosophy. LIST OF ATTACHMENTS Executive Summary - Drummondville Parking Study Recommended by: �-- Karl Dren, Director of Transportation Services Respectfully submitted: M. Carrick Ken Todd, Chief Administrative Officer Executive Summary - Drummondville Parking Study Parking Study of the Drummondville Historic Downtown in the City of Niagara Falls Ontario April 2012 Niagarafalls DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study Contents Executive Summary 3 Scope of the Historic Drummondville Parking Study 3 The Current Balance of Parking Demand and Supply 4 Future Balance of Parking Demand and Supply - Immediate term (0 to 5 years) 6 Future Balance of Parking Demand and Supply - Long term (6 to 15 years) 8 Recommendations 9 2 !Niagara. alts DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study Executive Summary Scope of the Historic Drummondville Parking Study D Sorbara Parking & Systems Consulting and Transforward Consulting Group Inc. were retained in September 2010 by the City of Niagara Falls to undertake a parking management study and specifically address the following objectives taken from the Request for Proposal document: 2.3 Goal, of the Stratl.•t is Par(,inu. Plan The ,.ornultartt shalt establt;h a work program de itgned to net the :itlh>w mg objectives a t To ac,e;, the immediate (1) to 5 pear it parking need; related to redevelopment and new develcrrnenr_; wltiun the ;Awl: area utctudtng the 1ttstortc ()rurtvtt tdvrlle. urea. rite (;seater Niagara General tta';prtal area. and sturotutdirti; residential area. 1,t To assess the rnedulrn and long term t5 to 15 years! parking need: related to rede,eloprntent and new development_. withal the study area including the historic Drummond', area. the Greater Niagara (;enerat t(tr;pttat area. and iurroundtng residential area. i t To develop the rrtost efficient and etfecctive rt,eans of providing and adman ;tcring parking services wtthtn the study areas to a.:innrnudate the gears and objectives of thts ;tudv. di To dry ego!, and 'deft tif y pha.. tng rnilestc nes fi'r the trnplernentatiun of the Parking Pratt. The primary data gathering instrument used to understand parking demand characteristics was a postcard /internet survey. These responses served to provide insight to current travel characteristics, to what attracted people to the Study Area, how much time was spent in the area and served to highlight and measure the importance of walking distance between destinations and selection of parking space. Parking demand estimates and their characteristics were based on 235 respondents to a series of postcard surveys of both visitors and employees of businesses in the Main /Ferry BIA and an online internet survey that provided critical information on level of service and customer experience of the current parking system. The survey analysis of these user responses formed Technical Memorandum A of this project. The surveys were constructed so as to isolate Hospital visitors and staff from visitors and employees within the commercial area. Figure 1 attached to this report defines the geographic scope of the parking study. The primary data gathering instrument used in the collection of parking supply use data was a license plate survey involving the application of a LPR [License Plate Recognition] mobile solution. Digital cameras mounted on a vehicle and customized recording software captures, interprets, and stores the arrival time, departure time and location of each vehicle within the Study Area. A block by block and facility by facility level of analysis was conducted over 4 days in late Fall of 2010. Surveys were designed to 3 • Niagarafariis DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study measure the use of parking space — both on and off street — within the commercial area centered at Main /Ferry; the Niagara General Hospital; and, the residential areas surrounding the Hospital and commercial areas. The integration of field surveys of land uses and their quantities, with peak hour parking attraction rates, observed and expected walking distance behaviour served to inform the estimates of current and future parking demand and supply on a block by block and study -wide basis. Analysis of these surveys formed Technical Memorandum B of this project. The determination and evaluation of potential land use developments in the Study Area that may impact the balance of parking supply and demand was conducted. Development scenarios, their assumptions and phasing were discussed in Technical Memorandum C. The following sections summarize the results of the parking study. The Current Balance of Parking Demand and Supply The City of Niagara Falls provides a high level of service in the commercial area as there is a municipal off street parking facility on each core area block. The parking service is in the form of both on- street space and off- street parking facilities. The off - street parking facilities are currently free of charge while the on- street space is 75 cents (commercial area) and one dollar an hour (hospital area). The following points address whether or not the current parking demand is being adequately serviced by the current amount and distribution of parking supply: 0 0 0 The evidence does not support that there is currently a major parking space deficiency in the core — Notwithstanding the fact that the commercial area is currently attracting visitors at far below expectations, development changes that are in the planning stages point to a more exciting future. The study investigated factors that contribute to the creation of a pedestrian community environment that attracts business and visitors to the area. Parking Occupancy —There is only one peak point of high occupancy generally occurring between 13:00 to 14:00, which does not last for more than 15 to 30 minutes. The level of use currently is too low to draw meaningful analysis, but the Consultants demonstrated that certain developments that may occur in the commercial area may provide the necessary triggers that would justify retaining the current municipal parking inventory with the possibility of expansion. Periods of Intensity —There were no consistent or chronic occurrences of intensity where parking space occupancy exceeded 85 percent of the inventory as an indicator of potentially turning customers away. Turnover — It was observed that parking turnover in the commercial area was within the moderate range of 2.4 to 2.8 times turnover in some of the core blocks and not reaching the 4 N iagaraJar /ls DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc O 0 0 Executive Summary - Drummondville Parking Study parking industry high turnover (6.0 and above) rates that would indicate a possible imbalance of parking supply and demand and queuing for parking space for on and off street space. Customer Mix, Match to Demand — Thirteen (13) percent of the on- street parking inventory is occupied by people who over -stay the two hour time restriction. Technical Memorandum A detailed the impact that this monopolizing of critical on- street parking space does not serve the vital shorter stay visitor to the commercial core. The report spoke of the intent, and the critical role that parking enforcement plays in orchestrating turnover of space. This metric provided the evidence to promote a change in operations, not in the level of supply. Location seems good but performance not realized — Certain parking facilities were well within the high level of convenience (walking distance) and very attractive in terms of cost and value of parking and some key off street facilities were not well used. Lot 13 — north -east quadrant of the commercial core, in particular served to demonstrate a site that is ideally located, but suffers from a lack of pedestrian connection to the commercial core and lack of clear signage that does not direct traffic to its service. A marketing campaign is recommended to address the role of the off street in its service of customers who have greater than one hour in duration and allowing flexible time limits on the off street that can position these spaces as key to longer stay visits to the commercial area. Existing patterns of use subject to change due to physical or market dynamics — The west end may be a center of focus for expansion of the municipal parking service due to the opening of the new Historic Battlefield and Farmer's Market. The west end of the core should act as a "gateway" to the commercial core. A series of way- finding and space- finding systems are recommended that could be developed in the longer term that would help direct visitors (especially the key tourist category) to off street parking spaces. Development interest on the Sylvia Place municipal Lot 12 — from an enhanced Farmers' Market to a Bus Terminal — serves to underscore its key role in maintaining parking space that is within easy walking distance of the commercial core. Parking customer distribution not matching implied level of service (walking distance) and value of parking — Parking service provided on municipal off street facilities in the Study Area is free of charge. The implication on public parking policy is this: without placing a fee -based value to the relative level of convenience, parking service in the Study Area cannot provide its service to specific customer markets. For example, the Region's service building immediately adjacent to the Sylvia Place municipal Lot 12 currently attracts employee parking demand of the order of 40 spaces each day. Lot 12 is ideally located to serve the Region's employee demand, but public parking policy has always focused on service to the higher volume turnover customer market - the shopper, the visitor to the Study Area. How can the public parking policy here 5 Niagara /401s DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study endeavour to serve both customer types? One mechanism is the use of parking time restrictions (2 -hour maximum limit for example) and the other mechanism is price. The management of enforcement for time restriction violations is significantly more involved in terms of staff time and effort than the enforcement of whether customers paid for parking. Without a price mechanism, we cannot begin to re- distribute the parking customer market to areas that better match the implied level of service and the value of that service. In the example of the Region's service building near Lot 12, a monthly permit could be issued to employees at less convenient parking space such as Lot 13 during non - tourist season. The benefit is again to free up valuable space at Lot 12 to readily serve the higher turnover customer market. Consistent with the City- wide Ten Year Parking Plan, set an introductory price of $20.00 per month in 2012 with incremental rate increases to achieve a rate balance with the rest of the city by 2020. Future Balance of Parking Demand and Supply - Immediate term (0 to 5 years) Here are some of the factors that impact directly the future balance of parking supply and demand: • Changes in the future level of occupancy of current stock of land uses in the commercial core; • Changes in the future parking demand due to the oncoming re- developments or new developments in the Study Area and the potential physical loss of existing public parking supply; • Changes in the future magnitude, pattern and customer profile of parking demand due to potential changes in operations and potential implementation of different parking revenue control. In response to the outlined goals of this strategic plan for the Historic Drummondville Study Area, immediate (0 to 1 year hence), short term (2 to 5 years) and long term (6 to 15 years) planning horizons were discussed in the Consultants' reports (Technical Memorandums A, B and C). Different scenarios were evaluated in terms of not just how much higher parking demand might be in the future, but also from a public parking policy point of view where the potential areas of deficit or opportunity might emerge. The following conclusions and observations were drawn: • The primary direction of the future parking strategy should become to secure existing parking facilities within the Study Area and begin to build the framework for discussion and implementation of joint venture development on key sites in the commercial core where the municipality does not own the property. • The west end of the core (Main /Ferry intersection) has been previously identified as a potential gateway to the commercial core and its role in the area cannot be underestimated. The reinvention or re- branding of the west end when the Battlefield and its pedestrian connection to 6 liagarajnlls DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study a re- vitalized Farmer's Market in the south -east quadrant of the commercial core will begin to interplay and over the longer term something needs to be done. • The other area of focus that emerges from the analysis is the block south of Lot 12 (Sylvia Place) at least over the next 2 to 5 years - short term planning period. Its potential role can grow to provide support if Lot 12 for example becomes severely restricted due to potential expansion of the Market or other development discussed for it. As the commercial core (Main /Ferry intersection) begins to re- invent itself along the lines of a more pedestrian and community serving profile as a result of the future intensification of the residential component, this block may take on a higher profile in time. Lot 12 is a critical site to the provision of parking service to the commercial area. It should be protected. The site is also a key development site that currently is attracting attention as an expanded Farmer's Market and public transit hub for the area. These competing demands for this site underscore its importance as an integral part of the immediate and longer term success of the commercial life within the Study Area. • The spatial focus of the most immediate term (0 to 1 years) is narrow and confined largely to the blocks that have municipal public parking on them. The recommended direction is to: o make better use of existing facilities in the commercial core marketplace; o begin to build a capital reserve fund to finance expansion or remedial options in the area; o develop a pricing strategy that makes it evident that parking beyond the observed walking distances will be rewarded with a cost savings to the consumer; and to, o secure current locations of municipal parking. • With respect to the nature of municipality's response to any change in the balance of parking demand and supply, the Consultants indicated that the demand for a very high level of service (short walking distance) will act as a barrier to any strategy of consolidation of parking sites to a broader serving multi - tiered parking structure in the longer term. Short walking distances do not provide the market behaviour that is supportive of provision of decked parking facilities whose intent is to consolidate existing parking spaces from individual parking sites to a collective site. Unless a multiple use site is on the market, a stand -alone parking structure would appear to be a high risk endeavour in this commercial area. Significant intensification and localization of commercial activity within a 3 to 5 minute walking distance of a parking site would have to begin to occur in order to justify moving toward a structure. Currently, the Study Area presents off street parking opportunities on each block that makes up the core. From a strategic point of view the commercial core provides equitable parking service to most if not all of the major driving commercial activity destinations. 7 Niagaraj'alls DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study Future Balance of Parking Demand and Supply - Long term (6 to 15 years) Notwithstanding the economic climate that this project was subject to, the Consultants with the assistance of planning staff built a series of plausible new development sites within the current and anticipated land use planning controls applied to this study area. Technical Memorandum C - Market Potential outlined new development potential, and estimated on -site parking space provision and their net impact on the Study Area's balance of new parking demand to current public parking supply. One of the key principals drawn from the discussion of the future state is the need to define a mission statement or role of the municipality in the provision of parking. The Consultants spoke to the benefits of collective parking facilities versus allowing individual development sites to provide their own parking supply on -site. The impact of not being involved in the provision of collective sites is that site - specific parking sites are inefficient in their use; customers walk from one commercial site to another and a more centrally located parking site is far more efficient way to respond that dynamic. By comparison, a collective parking site has the following benefits: • Provides an opportunity to the municipality to have an impact on public policy - specifically in terms of urban design of parking facilities (safety, lighting and geometry of parking areas). • Is Tess costly to implement than to have a series of privately owned facilities. • Serves the broader initiative of management of travel demand; managing different modes of travel including active transportation (biking and walking for example); and managing the travel demand through the management of its supply. • Inherently becomes part of the commercial fabric of the community it serves; the parking site can become the focus of multiple land use activities (Farmer's Market, transit node, and community information nodes) and fulfills the role of providing the connective tissue from parking space to commercial site via pedestrian linkages. Over the longer term (6 to 15 years hence), based on a number of scenarios it was estimated that 140 additional spaces may be required to serve the commercial core if development concepts become reality. The analysis pointed to areas within the commercial core that may serve future demand as well as the newer emerging areas west and south of that commercial core that may serve future demand. The Consultants believe that a prudent strategy would be to make the best use of existing parking supply assets; to more firmly secure those assets; and to continue to provide information to the customer base that explains the marketing strategy behind on and off street parking space. 8 \iagarafaatis IMINbootw, DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study Recommendations The following is a summary of recommendations as a result of the completion of the Parking Study: 1. Maintain the current level of parking supply in the commercial core of the Study Area to meet existing parking demand. A series of metrics used in the parking study were used to support the conclusion that currently, there is sufficient parking supply in the commercial core of the Study Area. The Consultants detailed the importance of maintaining and expanding the current efforts of the municipality in the Study Area with respect to landscape, streetscape improvements for the following reasons: • Compactness of the streetscape provides an invigorating commercial urban experience. • The width of Main and Ferry/Lundy's Lane did not add to the feeling of community or compactness that links customers. The use of the "bump- outs" serves to bring both sides of the street together; this is one of the key ingredients to the establishment of flow of activities and people on the street. • Character or unique store fronts — role of urban design in attracting customers and businesses; they feed off each other; a historic area such as this Study Area should incorporate history in the facades and general ambience (including way finding signage) in the Study Area. • Continue to build the Transportation activity centre in the Study Area— buses, private vehicles and pedestrians; as it draws people to it. These design elements serve to not only create ambience and a "pedestrian" feel to the area, but also amplify the need and critical role that "collective" parking services have in the Study Area. The parking supply is an integral part of the streetscape and, therefore, of the commercial fabric. This connection of parking supply to the land use activity that drives the demand for parking becomes a critical part of the strategy for the future. 2. The City will monitor changes in the Study Area relating to land use (new development and redevelopment) and measure their collective impact on parking supply over the short and longer term planning horizons. The study outlined a number of plausible and use change scenarios and their potential impact on the balance of parking demand and supply. This balance is affected by changes in the future level of occupancy of current stock of land uses; by the changes in future parking demand due to the oncoming land use developments and by the potential physical loss of existing public parking supply due to development of sites. It is therefore imperative that the City monitor this 9 tiiagarapifys DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study area and respond to critical land use changes that will indeed impact the balance of demand and supply of parking. 3. Secure longer term (6 to 15 years) parking assets to accommodate parking demand and supply. Consider securing longer term leases or assemble more secure sites as municipal parking space supply will be potentially lost due to competing pressure of development. All three of the municipal parking lots in the Study Area are critical to the area. West of the core area (Main /Ferry intersection) is primed for reinvention and efforts should be made to jointly develop a parking component to any re- development sites that arise in the near term. 4. Investigate new financing opportunities. Existing free parking in 3 public parking lots (Lots 12, 13 and 14) is inconsistent with the self sustaining pay parking program in other parts of the City. It's important to find alternative revenue sources to maintain and expand existing parking facilities and acquire new parking facilities. To address this issue, the following specific action items are proposed: (a) Introduce a public education program on the City's website to promote the value and cost of parking indicating that the existing and new land and infrastructure for parking is costly to acquire, build, operate, maintain and finance. (b) Implement pay parking in Lots 12, 13 and 14 beginning in 2012 at modest rates: a. Off street facilities - We propose a $0.50 hourly rate and an introductory price of $20.00 per month in 2012 with incremental rate increases to achieve a rate balance with the rest of the city by 2020. This introductory cost amounts to a daily charge under one dollar ($0.96 rate per weekday assuming 21 average weekdays per month and equivalent to approximately $0.12 per hour - based on an 8 hour day). Off- street facilities should be cheaper and allow a longer time restriction than on- street parking space. The latter's rates should reflect their higher convenience. b. On street facilities - Currently the hourly parking charges are $0.75 per hour with mostly two hour parking limits. As proposed in the Ten Year Parking Plan, the Consultants concur with the increase from the current hourly rate be raised from $0.75 to $1.00. c. On street facilities around the hospital - Currently the privately operated off street facilities that serve the Niagara General Hospital charge $3 per hour to a day maximum of $6. It is proposed that the on street parking charge be set at $1.25 per 10 NiagararaOs DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study hour which is higher than the commercial area to the south of the hospital. Again this rate was recommended in the Parking Operations' Ten Year Parking Rate plan. d. Time Restrictions - The time restriction on the off - street should be set to three to five hours while the on- street should remain one to two hours depending on review and the input of local business property owners. e. Parking Rate Review - Review the parking charges every four (4) years. The off - street parking rate in the Drummondville commercial area should begin at $0.50 hourly charges compared to on- street's $1.00 hourly rate and follow the rate increase structure as reflected in the table below that is proposed by the City's Parking Operations division. Parking Charges - Drawn from City Wide Parking Review On- street (per hour) Off- street (per hour) Downtown Clifton Hill Drummondville &(Hospital Zone) Study Period $0.75 $1.50 $0.75 (Nov 2011) ($1.00) Proposed for $0.75 $2.00 $1.00 2012 ($1.25) Downtown Clifton Hill Drummondville $0.65 $1.50 $0.00 $0.65 $1.75 $0.50 (c) Recognizing that most of the businesses in the area are exempt from contributing cash-in- lieu and any introduction will be difficult to implement given the current economic challenges businesses are facing in both the overall economy and specifically to Drummondville area, introduce a cash -in -lieu policy for this area when economic conditions improve or when the parking occupancy consistently reaches 85% of capacity. (d) Explore joint use developments, provision of parking within the zoning by -law, and different finance models for the longer term development and sustainment of the municipal parking system. 5. Link to Active Transportation Initiatives. Encourage bike parking on municipal parking facilities and reuse of parking metered posts as bike parking. Protected area on municipal parking facilities for the safe storage of bikes and motorcycles should be a design requirement. 6. Enforcement on Private Properties. Spillover from the on- street metered parking onto nearby private parking Tots is an issue raised by business owners. Given that local businesses have experienced unauthorized parkers parking on their private parking lots, which are for their customers and staff and not the general public, the City should promote compliance by erecting "no parking signs" on the those private 11 • 1 iagarajalls MENOWillow DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study properties of concern to businesses in accordance with Bylaw 80 -77 that allows City by law enforcement officers to issue parking tickets on private properties. (Note: the downtown Niagara Falls stores use this extensively.) 7. Spillover Parking from Hospital due to future hospital expansion & current parking operations. Given that existing spill over from the hospital is well controlled by appropriate signs indicating time limits (2 hours south of the hospital) and prohibitions (no parking) and frequent municipal enforcement in the immediate vicinity of the hospital, the City be involved in any future hospital expansion plans that will impact the demand and supply of parking in the immediate area surrounding the hospital. 8. Pedestrian links to and from municipal lots. To address concerns about knowing the location of municipal off street sites in particular, Lot 12 (Sylvia Place) parking facility, it is recommended that signage be improved to be quickly and easily identified. This upgrade is especially important for tourists /market shoppers from Main St. and Lot 12. Incorporate the historical character of the Study Area to the style, content and design of the sign system. Develop a program to improve surface condition and lighting and connections especially between the Serbian Hall and Lot 12 (Sylvia Place) and any pedestrian connections to Main St. that may occur through future redevelopments. 9. Expand and Explore Communication Themes. Continue to explore and expand the use of online e- commerce tools to serve customers — permit parking acquisition and renewal; online complaint or comment store, customer training topics (regarding rates charged, payment options & enforcement issues) and explanation of the role of on and off street space, etc. 10. Develop a bold way- finding signage system. Re- examine existing signage for lot identification and way finding as one way of increasing use of the 3 under -used municipal parking lots (Lots 12, 13 and 14). A signage and way- finding system needs to be developed to help market the parking lot spaces. Connect this process with the study of gateways into and out of the Study Area. The Active Transportation study should also address this component. 12 NiagarajaIIs DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study Develop highly visible (i.e. reflective 3M material) "P" way finding signs at eye level for customers to quickly find parking lots located off Lundy's Lane, Main St. and Peer St. Consider implementing LED illuminated signs, including the possibility of solar powered, at parking lots supporting future redevelopments, such as the Battlefield site, museum and Farmer's Market. 11. Improve pedestrian links to and from municipal off street sites. Design guidelines should be adopted that establish safety (lighting), pedestrian surface treatment, and signage and operational standards with respect to public access. 12. Validation of parking and other opportunities Explore retrofitted existing or new versions of pay and display machines that accept credit cards to be programmed to accept a "City" and /or "tourist card" for merchant loyalty programs to encourage local shopping by offering discounts on parking combined with discounts on goods and services provided by merchants. There is of course a cost associated with this item, but in a City that is the keystone to the local, national and international tourist industry, the benefits outweigh those costs. Improve the process of acquiring monthly parking permits and locations, as the Drummondville area grows i.e. new Battleground site, redeveloped Museum and market redevelopment. Introduce on- street monthly permits in under - utilized metered block face sections of the Drummondville area i.e. north of Ferry Street. 13. Accessible Parking Service Accessibility is an issue facing the City and many municipalities with the enactment of the AODA (Accessibility for Ontarians with Disabilities Act) and requirement for municipalities to meet the Built Environment Standard, which is currently under review by Province. Upon the release of the provincial Built Environment Standard under the AODA, review accessible parking location, geometry and number of spaces and consider working jointly with other Ontario municipalities facing similar accessible parking challenges to deploy consistent standards Province -wide, where feasible. 14. Initiate Capital Improvement Projects 13 Niagara/441s DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study The Consultants indicated that pedestrian connection to and from the off street municipal parking facilities and the commercial destinations it serves is critical to success. The report spoke of addressing pricing (assigning a value to the service), time restrictions (marketing the off street space to those customers who want to spend more time in the commercial area) and signage (to effectively communicate to motorists where the facilities are located, how to access them and to effectively and safely connect pedestrians from the parking lot to the commercial destinations) as tools to attract customers to off street parking facilities. In support of all three mechanisms, it is critical that a high quality parking product be presented to the customer. This not only comes in the form of a rational pricing plan, easy to understand way finding system, but also in the physical state of the parking facilities. Lighting, safety design and physical surface state of repair are areas that require consideration in this Study Area. The surfaces of the municipal lots in this Study Area are in need of physical repair, re- striping and perhaps improvements to the drainage. The parking lots should be viewed as an important component of the streetscape, as well as an opportunity to form a visual connection to the community they serve. Contemporary parking lot design now features the use of natural drainage areas in the form of green space that retain rain and snow. It is critical then that capital improvement budget be set for the physical improvements of the three municipal parking facilities in our Study Area. The cost of these improvements should be supported by the revenue generated from operations. The graphic on the next page summarizes the recommendations and action items by planning horizon. Thank you for the opportunity to present our findings. Please note that there are three technical appendices (i.e. Technical Memorandums A, B and C) that serve to provide evidence that support the Consultants recommendations and findings. 14 tiiagaraf'a /1s DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary - Drummondville Parking Study 1uummary of Recommendations, Remedies & Action Items Immediate (0 - 1 yr) Short Term (2 -5 yrs) Long Term (6 -15 yrs) •Settle use of Lot 12 (market, transit or parking mix) ( #1) •Maintain the current level of parking supply in the commercial core of the Study area to meet existing parking demand ( #1) •Capital Improvements to lots ( #14) •Pedestrian links to and from municipal lots ( #8) •Introduce new rates (Charge $.50 /hr on the lots; start-up monthly rate of $20) ( #4) •Design guidelines for signage & way finding •Enforcement on Private Properties ( #6) on as- needed basis •Participate /Partner with Hospital in future hospital expansion & current parking operations ( #7) •Pedestrian path improvements before tourist season ( #11) •Secure Site for the integration of Market & Parking ( #1) •Implement signage (gateways, parking way finding, pedestrian paths to /from lots) ( #10) •Follow parking rate schedule increases ( #4) •Link to Active Transportation Initiatives ( #5) •Introduce cash in lieu payments as economy recovers ( #4) •Expand and Explore Communication Themes ( #9) •Monitor land use changes and their impact of parking supply use ( #2) •Partner with developer on sites that can service new demands particularly south of7"\ Peer St ( #3) •Ensure that all municpal parking facilities are fully accessible as per Provincial guidelines ( #13) •Introduce SmartCard & Tourist value cards here and City -wide ( #12) •Follow parking rate schedule increases ( #4) •Monitor land use changes and their impact of parking supply use ( #2) •Secure longer term (6 to 15 years) parking assets to accommodate parking demand and supply ( #3) 15 Niagarafulls DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Executive Summary Drummondville — - Drummondville Parking Study Parking Study Area Nov 2011 1�f NiagaraJa //s DSorbara Parking & Systems Consulting & Transforward Consulting Group Inc Figure 1: Study Area 16 MW- 2012 -26 NiagaraPlls April 24, 2012 REPORT TO: Councillor loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -26 Kalar Road Home For Girls Soccer Proposed Operational Improvements RECOMMENDATION 1. That Council support the Niagara United Soccer Club's efforts to attract a professional soccer franchise and commit expenditures up to $57,600 (plus taxes) for operational improvements. And further, 2. That staff be directed to provide an update report on long term plans to expand the operation and address outstanding issues regarding parking, lighting, access and field utilization for other community groups. EXECUTIVE SUMMARY The Niagara Untied Soccer Club recently announced their plans to field a men's first division Canadian Soccer League Team using the City's Kalar Sports Park facility as their home field. The inaugural home game is scheduled for Saturday May 26, 2012 at 7:00 p.m. Given the time lines to prepare the field, Council is being requested to authorize the purchase of additional amenities (such as bleacher seating, score clock, referee facilities). Municipal Works staff have been working closely with the executive of the Niagara United Soccer Club (NUSC) to accommodate their plans to improve operations at this facility in their effort to attract a professional soccer franchise. The purpose of this report is to inform Council of these requests and to seek direction as to the extent of the City's commitment to this venture. Staff are supportive of this initiative but are concerned about the tight schedule to implement some of the needed changes. BACKGROUND Staff have met on a preliminary basis over the past four weeks to discuss the NUSC proposal. On April 12, 2012 NUSC hosted a media release which provides additional background information (see attachment 1). April 24, 2012 ANALYSIS /RATIONALE - 2 - MW- 2012 -26 The amenities requested by NUSC are park features that would be required at this facility at some point in the future to address the growing demand and utilization of this park by various sports groups. FINANCIAL IMPLICATIONS While NUSC is covering the majority of the costs there are some facility enhancements that will need to be in place as a condition of being awarded a franchise. NUSC has requested the City's financial assistance with the following items; Portable Washroom & Shower Facilities for Referees $3,350 (Rental) Bleacher Seating (seats 700) $31,750 Score Clock *$22,500 Total $57,600 * (City's share of Trillium Grant request submitted by NUSC) While these investments may not have been priorities for the Council in this years's budget staff recognize that this equipment may be required at some time in the future. Staff have been advised that these facilities must be in place in time for their home opener tentatively scheduled for May 26, 2012. Staff have been working through the NUSC and various suppliers to secure quotations should Council wish to proceed. Funding for this project will require pre - approval of the attached budget sheet and will be accommodated in the 2012 Capital Budget. CITY'S STRATEGIC COMMITMENT Implementation of the recommendations in this report meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. Niagara United Soccer Club - Media Release - April 12, 2012 2. Capital Budget Worksheet Recommended by: Respectfully submitted: Geoff Holman Geoff Holman Director of Municipal Works 2.26-1,0 Ken Todd, Chief Administrative Officer NIAGARA UNITED SOCCER CLUB Niagara United Brings Professional Soccer to Youth and Sports Fans in Niagara Falls Ontario. Niagara Falls, April 12th, 2012 - The Niagara United Soccer Club is very pleased to announce that it will field a men's first division Canadian Soccer League (CSL) team. Playing in the CSL's first division will elevate the Niagara United squad to a professional level in the Canadian soccer pyramid, shared by only 15 other communities in Canada. The CSL is Canada's only Professional Soccer League, which has been in existence for over 80 years. The league is in direct membership with the Canadian Soccer Association, which is the governing body of soccer in this country. The CSL has a mandate through the Association to expand countrywide. The CSL is made up of 16 First Division teams including Toronto FC Academy, Montreal Impact Academy, Toronto Croatia, York Region Shooters, Mississauga Eagles FC, Brampton City United, North York Astros, London City, St. Catharines Roma Wolves, Niagara United SC, Brantford Galaxy, Kingston FC, SC Waterloo, Windsor Stars, Serbian White Eagles, and SC Toronto. There is also a second division made up of 14 teams. The CSL is also planning the development of Youth Academy Program for boys divisions U11, U13, U15, and U20. The CSL feels it has an obligation to the development of the game across the country. The creation of youth development teams will develop future CSL players as well as players for our Canadian National Team Program. "The awarding of a franchise to the city of Niagara Falls is an important step in the expansion plans of the CSL. We are delighted this is now in the hands of an organization with a long and proven record for player and skill development." said Vincent Ursini, Chairman of the CSL The Niagara United Soccer Club (NUSC) was founded in 1973 as an incorporated non -profit organization. Over the last 39 years Niagara United has become one of the largest soccer dubs in the Niagara Region with over 1300 youth and adult participants. The Club's mission has always been to "promote soccer awareness and development opportunities in partnership with local government and the global soccer community." The Club has recently added a $1.5 million FIFA approved turf field and a state of the art clubhouse. "This is a very exciting time for NUSC, and we are proud of our affiliation with the CSL. This will provide us yet another avenue to continue improving our player development program, and give our membership an opportunity to reach a professional level." says Donna Mantesso NUSC President. With the addition of the men's CSL team NUSC's soccer facilities will receive many upgrades that will include the addition of 500 -700 new stadium seats and field delineators. Niagara United SC will play its CSL first division inaugural home game on Saturday May 26th at 7pm. All home games will be played at the Kalar Sports Park, 6775 Kalar Rd. Niagara United Soccer Club Niagara United Soccer Club Donna Mantesso - President NUSC Anthony DiCienzo — CSL Chairman president @niagaraunitedsoccer.ca p. 905.704.9999 Capital Budget Worksheet 2012 Department Parks Project Name Kalar Park "Home for Girls Soccer" Park Improvements (Phase 3) Project I.D. # Ongoing Phases of Park Development Project Description 2012 includes- Scoreboards and work on field Opening Balance -Jan 01 (surplus) /deficit EXPENDITURES Engineering Fees /Design /Studies Land /Building /Furniture/ Equipment Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Land Sale Proceeds Provincial /Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES Closing Balance -Dec 31 (surplus) /deficit MW- 2012 -26 Priority (1 -3) Included in 10 year Capital Plan (y /n) YEAR 2012 YEAR 2013 YEAR 2014 YEAR 2015 YEAR 2016 80,100 80,100 57,600 22,500 80,100 MW- 2012 -23 Niagaraaalls April 24, 2012 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2012 -23 Willow Road Drainage Petition RECOMMENDATION 1. That Council not proceed with the drainage works to provide an improved outlet for Willow Road located in the Town of Fort Erie; and 2. That written notice of this decision be provided to the Town of Fort Erie as required by the Drainage Act. EXECUTIVE SUMMARY The City of Niagara Falls has been petitioned by the Town of Fort Erie to be the initiating municipality to provide an improved outlet for a roadway within their own jurisdiction. Through a Drainage Petition under Section 4 of the Drainage Act, the Town of Fort Erie has established that the area requiring drainage is the Willow Road road allowance. The Drainage Act (section 4 (3) ) allows a municipality to proceed with a petition to construct drainage works for the drainage of an area composed of lands or roads lying on each side of a boundary line between two municipalities as if it were entirely within the limits of it's municipality. The Town of Fort Erie is best suited to initiate these improvement works and assess affected Niagara Falls landowners in accordance with the Drainage Act for the following reasons; 1. It is a Town road that requires the outlet 2. The outlet is to the St. John's Drain through Fort Erie 3. The Town currently has a Drainage Engineering investigating this work on their behalf. BACKGROUND Willow Road, which is under the authority of the Town of Fort Erie, also acts as the municipal boundary between Fort Erie and Niagara Falls. There is an existing watercourse that flows north easterly from Fort Erie into Niagara Falls that appears to outlet into the Willoughby Bog. Local residents have contended that alterations to Fort Erie's drainage system and Netherby Road (Regional) have served to generate increased flows that traverse through this area. April 24, 2012 - 2 - MW- 2012 -23 St. Johns Marsh Drain is a suitable outlet for the watercourse in this tributary area. The Town of Fort Erie has currently retained the services of a Drainage Engineer to review the current condition of the drain and recommend necessary improvements to ensure it is functioning as intended. The Town of Fort Erie is best positioned to address local resident concerns given their current review of the outlet for this tributary area. They have the option of requesting the consultant's review of an expanded scope to the project that may address these concerns since the three main components (flow origin, road requiring drainage, suitable outlet) are within their municipality. Town staff have recommended that Niagara Falls residents take their concerns to the City where they reside. Drainage does not necessarily respect municipal boundaries. A petition can be filed with either the City of Niagara Falls or the Town of Fort Erie to improve the area that is in need of requiring drainage. ANALYSIS /RATIONALE With this petition, the Town of Fort Erie is requesting that the City of Niagara Falls undertake the construction, improvement, maintenance or repair of the outlet for Willow Road. With the flows origin, outlet and road allowance all being within the Fort Erie municipal boundary and that the Town is currently undertaking a project for the improvement of the outlet for the tributary area (St. John's Marsh Drain), it is evident that the Town of Fort Erie is better suited to be the initiating municipality to address local drainage concerns. Given the circumstances a petition filed by a resident requiring drainage can be filed with the Town of Fort Erie which would be more effective in resolving the concern. Staff are available to assist in the process if necessary. Attached is a copy of a letter to a resident advising him of this option. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Any assessments levied to the City will be included in the Drainage Engineers Report. Costs assessed to the landowners for benefit and outlet will be invoiced to the residents once construction has been completed. Since there are no City of Niagara Falls road allowances benefiting from this particular matter, there will not be any assessments levied to the City. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's strategic priorities to establish infrastructure investment opportunities and to strengthen and promote economic development within the City including alternative service delivery models. LIST OF ATTACHMENTS 1. Location Plan 2. Fort Erie Council Report and Petition 3. Willow Road Correspondence dated January 12, 2012 April 24, 2012 Recommended by: Respectfully submitted: Rick Volpini /Geoff Holman - 3 - MW- 2012 -23 Geoff Holman, irecto of Municipal Works Ken Todd, Chief Administrative Officer Legal & Legislative Services March 29th, 2012 Mr. Dean Iorfida Clerk's Office City of Niagara Falls 43 10 Queen Street, Box 1023 Niagara Falls, ON, 1,2E 6X5 Dear Mr. Iorfida: Re: Willow Road Outlet Drain At the Council -in- Committee Meeting of March 26th, 2012, the Council of the Town of Fort Erie approved the following recommendations contained in Report 1S -07 -12 regarding the Willow Road Outlet Drain Drainage Petition: THAT: Council support a Section 4, Drainage Petition (attached as Appendix A) for improved drainage outlets for Willow Road; and THAT: this petition be directed to the City of Niagara Falls for their review and action. Please be advised Form 5 (Appendix "A" to Report No. IS- 07 -12) has been signed by Tom Kuchyt, Acting IS Manager for the Town of Erie and is enclosed for your reference. Please find a copy of the Report and attachment enclosed for your review and action. If, you require anything further, please contact Mr. Brett Ruck, Drainage Superintendent for the Town of Fort Erie at 905 - 871 -1600 ext 2408. Yours very truly, Carolyn J.' Kett, A.M.C.T., Town Clerk cket t(afortene. ori. ca CJR /trtt Enclosure c.c. Tom Kuchyt, Acting IS Manager Brett Ruck, Drainage Superintendant Geoff Holman, Engineer, City of Niagara Falls Municipal works The Corporation of the Town of Fort Eric Municipal Centre, I Municipal Centre Drive, Fort Erie, Ontario, Canada L2A 2S6 Office Hours: 8:10 a.m. to 5:00 p.m. Tel: (905) 871 -1600 Fax: (905) 871 -4022 Web -Site: www.forterie.on.ca Town of Fort Erie Infrastructure Services Our Focus: Your Future I Prepared for Council -in- Committee Agenda Date March 26, 2012 Report No. IS -07 -12 File No. 360402 -47 Subject WILLOW ROAD OUTLET - DRAINAGE PETITION Recommendations 1. THAT Council support a Section 4, Drainage Petition(attached as Appendix A) for improved drainage outlets for Willow Road; and 2. THAT this petition be directed to the City of Niagara Falls for their review and action. Relation to Council's 2011 -2014 Corporate Strategic Plan Priority: Infrastructure Goal 4: Improve overall drainage conditions Initiative 4.5: Develop a comprehensive strategy for municipal drains List of Stakeholders 1) Mayor and Council of the Town of Fort Erie 2) Mayor and Council of the City of Niagara Falls 3) Residents within the drainage area of Willow Road in both Municipalities 4) Ministry of Natural Resources 5) Niagara Peninsula Conservation Authority Prepared by: Submitted by: Approved by: Brett Ruck Torn Kuchyt, C.E.T. Ron Tripp, P. Eng. Drainage Superintendent Acting Director of Acting Chief Administrative Infrastructure Services Officer BR Ices Infrastructure Services Page 2 of 3 Report No. IS -07 -12 Purpose of Report The purpose of this report is to provide Council with background information on drainage issues on Willow Road in the Town of For Erie. Further, this report asks for Council's support to send a signed petition by the Road Authority to the City of Niagara Falls. The Town of Fort Erie will be requesting, through the petition, for these outlets be dealt with by the City of Niagara Falls through the legislative processes of the Ontario Drainage Act. Analysis Background Town Staff have been dealing with a variety of issues for several years on Willow Road in the north western part of the Town of Fort Erie. (See attached map of area attached as Appendix B) Road issues have been recorded since July 2003, and drainage issues began in September 2004. Many staff hours have been incurred over time in dealing with these issues, which range from potholes and dust suppressant to drainage of the road and surrounding lands. These issues also include a request fora Town boundary adjustment, since the residents along the north side of the road are residents of the City of Niagara Falls. There are currently three drainage outlets on the north side of Willow Road. These outlets have been silted in over time and /or tampered with by the landowners or residents of the affected properties. The Town of Fort Erie relies on these outlets to be able to drain our lands and roads immediately south of Willow Road. The residents have, or want to drain their properties southerly to Willow Road. The issue is that the lands are supposed to drain to the north as indicated on the Ontario Base Mapping (OBM). The north limit of these properties have the Willoughby Marsh abutting their properties, which appears to be overgrown and is not allowing the water to filter into this area within a reasonable amount of time. This has been discussed at length with the Niagara Peninsula Conservation Authority (NPCA) who is the administrators of the Willoughby Marsh. Landowners are attempting to resolve their drainage situations without realizing the impact of altering the direction of the water or the consequences of their actions. Water has been resting in the roadside ditch and on private lands, all of which require a proper outlet. Staff, have consulted with the City of Niagara Falls and the NPCA as recently as November 3rd, 2011. The outcome of this meeting determined that petitioning under the Ontario Drainage Act for improved outlets for Willow Road will be beneficial to the roads and residents within this area, Therefore, a Road Authority's petition is required to be provided to the Council of the City of Niagara Falls. This is further supported as the majority of the work that may be required wilt be in and performed by the City of Niagara Falls. 1 Financial/Staffing Implications There will be no requirement to front end finance this project if the City of Niagara Falls' Council accepts this petition in accordance with the Ontario Drainage Act. Infrastructure Services Page 3 of 3 Report No. 1S -07 -12 Once an Engineer's Report is completed, the benefiting landowner's apportionment can then be funded. Funding required would be identified and allocated through future budget deliberations. At this time, no funding is required. Policies Affecting Proposal The Municipality's obligations, work and procedures with respect to all the environmental legislation must be adhered to. The Municipality's obligations, work and procedures with respect to Municipal Drains are legislated by the Revised Statutes of Ontario 1990 c.D.17 under the Ontario Drainage Act. I Comments from Relevant De•artments /Communit and Cor orate Partners N/A Alternatives It is requested that Council support petitioning the City of Niagara Falls for improved outlets for Willow Road, In the event Council supports the road authority signing and sending this petition to the City of Niagara Falls, the City of Niagara Falls will then need to determine whether they want to move forward with the petition or not. If they decide not to deal with this petition then the Town of Fort Erie will be required to decide on one of three scenarios, 1) Not to proceed, or 2) Continue to proceed and appeal to the Ontario Drainage Tribunal, who will order someone to act on this petition, or 3) The Town of Fort Erie Council could decide to act on this petition ourselves. Conclusion ...... j N/A Attachments Appendix A — Petition for Drainage Works by Engineer or Road Superintendent, or Person having Jurisdiction over Regional and Municipal Roads. Appendix B — Map illustrating the Willow Road outlets Appendix A to IS -07 -12 The Corporation of the Town of Fort Erie Form 5 Drainage Act PETITION FOR DRAINAGE WORKS BY ENGINEER OR ROAD SUPERINTENDENT OR PERSON HAVING JURISDICTION OVER ROAD 1, Tom Kuchyt (Acting Director of Infrastructure Services), is the person having jurisdiction over Willow Road for the Town of Fort Erie, in the Regional Municipality of Niagara, hereby petition that the area more particularly described as follows, may be drained by means of drainage works: North side of Willow Road between Schaubel Road and Willow Road (East), The lands where the existing outlets can be found are in the City of Niagara Falls, within Township Lots 10,11 and 12 in the Cross Concession, Township of Willougby. See Appendix B for a Map of the Area. Dated this 26TH day of March, 2012. Tom Kucl lt, CE ,..tanager of Engineering Acting Director of Infrastructure Services APPENDIX A TO ADMINISTRATIVE REPORT IS -07 -12 CJ:U)RAINAG W{IWw iflJ p r. !)Hinge Mid' (WV 1 Niagarara1Is January 12, 2012 Mr. David White 5981 Willow Road Stevensville, ON LOS 1 SO Dear Mr. White: Subject: Meeting of Friday, January 6, 2012 Our File: Willow Road My understanding, as a result of the meeting of ourselves and Mr. Todd on January 6, 2012, is that you intend to file a Petition under the Drainage Act with the City of Niagara Falls. Towards that end, I enclose herewith a copy of Section 4 of the Drainage Act, R.S.O. 1990, c. D.17 and a copy of Form 3 of the Regulations promulgated pursuant to that Act, the form of Petition for an owner initiated petition. Section 4 of the Drainage Act sets out the criteria that an owner initiated Petition must meet before it can be submitted to a municipal Council. The Petition must be signed by the majority of owners in the area proposed to be drained, or by the owners that represent at least 60% of the hectarage in the proposed area to be drained. Until this threshold is met, the municipality does not have to act. As an alternative, you may wish to participate in the Drainage Act procedure being undertaken by the Town of Fort Erie with respect to the St. John Marsh Drain. Mr. Volpini of my staff has been in touch with Mr. Brett Ruck, Drainage Superintendent for the Town of Fort Erie staff in this regard. Mr. Ruck indicates that you would be welcome to participate in the St. John Marsh Drain process as a benefitting owner. You may find that participating in the St. John Marsh Drain project will be more rewarding than trying to solicit sufficient signatures for a Petition. Further information on Drainage Act procedures is set out on the web site of the Ontario Ministry of Agriculture, Food and Rural Affairs. Trusting this to be satisfactory. Yours truly, eoff 1lblman, C.E.T. Director of Municipal Works KB /GH /st Enc. c. Mr. Brett Ruck, Drainage Superintendent, Town of Fort Erie Rick Volpini, Project Manager, City of Niagara Falls Ken Beaman, City Solicitor Ken Todd, CAO, City of Niagara Falls S: \Gcoff\2012 \Letters & Memos,ii fttiitg Notes & Agendas\Letter - David White - Petition under the Drainage Act wpd Working Together to Serve Our Community Municipal Works Ext 4219 Fax 905 -356 -2354 gholman @niagarafalls.ca 23, Niagara Falls, ON, Canada L2E 6X5 905 -356-7521 www.niagarafalls.ca Drainage Act, R.S.O. 1990, c. D.17 Page 1 of 1 PETITION DRAINS Petition 4. (1) A petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by, (a) the majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area; (b) the owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60 per cent of the hectarage in the area; (c) where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61 (5); (d) where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. R.S.O. 1990, c. D.17, s. 4 (1). Form of petition (2) A petition under subsection (1) shall be in the form prescribed by the regulations and, where it is filed by an owner or owners under clause (1) (a) or (b), shall be signed by such owner or owners. R.S.O. 1990, c. D.17, s. 4 (2). Petition where area lies on each side of boundary line Where it is desired to construct a drainage works for the drainage of an area composed of lands or roads lying on each side of a boundary line between two or more local municipalities, the council of any of them may proceed upon a petition as required by this Act in all respects, including the sending of notices, as if such area were entirely within the limits of the municipality. R.S.O. 1990, c. D.17, s. 4 (3). Person deemed owner (4) Where a person who is the owner of land, but does not appear by the last revised assessment roll of the municipality to be the owner, is a petitioner, the person shall be deemed an owner if the person's ownership is proved to the satisfaction of the clerk, and, if the person who appears by the assessment roll to be the owner is a petitioner, the person's name shall be disregarded in determining the sufficiency of the petition. R.S.O. 1990, c. D.17, s. 4 (4). Persons jointly assessed (5) Where two or more persons are jointly assessed for a property, in determining the sufficiency of a petition, they shall be deemed to be one owner. R.S.O. 1990, c. D.17, s. 4 (5). http: / /www.e- laws. gov. on .ca /html /statutes /english/elaws statutes 90d17_e.htm 1/12/2012 FORM 3 PurnoN FOR DRAINAGE WORKS Drainage Act We, Wag ovateri, as Own by the isat tsvised eastaatrinenf refl. of hunisto ........ .............. .......... Of (inscrt num of oupitripollry or names optuttlicipallties) rcquiring dcolirgt, Iserchy petition that title avut mime particubuly 11,:sc-rfbrd 34 fonOWN: tilatatatrifer sett may be drains:4 try melon of a drainage works. Signature tar con. or tditeliS eitt Mun reirtalk Petit* OW** *ay , (Clerk)