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HomeMy WebLinkAboutWD-25-91 TOWN OF NEWCASTLE REPORT File # %'.; Res. # " — .44 By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 4, 1991 REPORT #: WD-25-91 FILE #: RC.31. 02 S( &JEC ': POSTPONEMENT OF -THE RECONSTRUCTION OF HIGHWAY 2 AND WARNS AVENUE AND NEED TO PROCEED WITH EXPROPRIATION OF LAND FOR ROAD WIDENING, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-25-91 be received; 2 . THAT the owners of Bowmanville Zoo be advised that conditional on the owners releasing the Town from any responsibility regarding their animal collection that may result from the construction and use of the widenings of Highway #2 and Mearns Avenue in a form satisfactory to the Town's Solicitor and the owners withdrawing their objection to the Minister of the Environment regarding the undertaking of this work, the Town will build a solid wood fence (at an estimated cost of $32,000) along their frontage on Highway 2 to alleviate their concerns about the effect of the reconstruction of Highway 2 on the animals in the Bowmanville Zoo subject to the owners advising the Ministry of the Environment that the Town has satisfactorily dealt with their concerns about the reconstruction of Highway 2 and Mearns Avenue; 3 . THAT appropriate Town officials take the necessary action to initiate and prosecute expropriation of the necessary land from the Bowmanville Zoo for the widening of Mearns Avenue; . . .2 REPORT NO. : WD-25-91 PAGE 2 4 . THAT Mr. Alex Nagy, President, Bowmanville Zoo, be advised of Council 's decision; and 5. THAT a copy of Report WD-25-91 be forwarded to Mr. Alex Nagy, Ms . Cathy Cetrulla, Ministry of the Environment and Mr. Doug Goltz, Ministry of Transportation. ------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. l: Key Map No. 2 : Environmental Study Report (Under Separate Cover) No. 3: Correspondence dated June 19, 1990, from Alex Nagy, President, Bowmanville Zoo, to the Minister of the Environment No.4: Correspondence dated October 27, 1990, from Michael Hackenberger, Director, Bowmanville Zoo, to Walter Evans . No.5: Correspondence dated January 21, 1991, from Alex Nagy, President, Bowmanville Zoo to Walter Evans 2.0 INTRODUCTION 2 . 1 It has been necessary to postpone the reconstruction of Highway 2 and Mearns Avenue from 1991 to 1992 because of unresolved concerns raised by the owners of the Bowmanville Zoo with the Minister of the Environment under provisions of the Environmental Assessment Act. i 2 .2 Provision was made in the 1988 Capital Budget and Four Year Forecast for the design in 1988 and the construction in 1991 of Highway 2 from Simpson Avenue to the East Soper Creek Bridge and of Mearns Avenue from Highway 2 to Orchard Park Drive. I 2 . 3 Provision was made in the 1990 Capital Budget and Four Year Forecast for the completion of design and for land purchase. The construction was forecasted to proceed in 1991 . . . .3 i `„ REPORT NO. : WD-25-91 PAGE 3 3.0 REVIEW AND COMMENT 3 . 1 The Environmental Study Report details the process which has been followed with regard to this project (Attachment No.2 under separate cover) . The balance of this report will make recommendations on resolving two outstanding problems: a) Concerns raised by the owners of the Bowmanville Zoo in a letter dated June 19, 1990 to the Minister of the Environment. b) Purchase of land from the Bowmanville Zoo for road widening on the east side of Mearns Avenue. 3 .2 Concerns of the Owners of the Bowmanville Zoo 3 .2 . 1 The only concerns raised by the owners of the Zoo which relate to this project are those raised on Page 3 (Attachment No. 3) under the heading of "Widening of Highway 211 . In order to resolve those concerns, meetings were held with the owners of the Zoo on July 26, August 8, September 20, October 22, 1990 and January 21, 1991. 3 .2 .2 At the conclusion of the meeting held on October 22, it was agreed that subject to Council approval, the Town would pay the cost of constructing a solid board fence along the Bowmanville Zoo frontage onto Highway 2 . The owners of the Zoo agreed that if the Town would do this, they would withdraw their objections to the Minister of the Environment. Mr. Michael Hackenberger confirmed this agreement in his letter dated October 27, 1990 (Attachment No.4) . I . . .4 REPORT NO. : WD-25-91 PAGE 4 3 .2 . 3 The only other unresolved issue was the purchase of land from the Bowmanville Zoo for widening on the east side of Mearns Avenue. At the conclusion of the meeting held on October 22, it was agreed that the purchase of the widening would be negotiated by the Town's appraiser and land purchase agent, Frank Sworik. 3.2 . 3 On Monday, January 21, 1991, Frank Sworik advised me that he was advised by the owners of the Bowmanville Zoo that they had changed their mind and did not want to proceed with the sale of the land on Mearns Avenue and would not withdraw their objection to the Minister of the Environment unless the Town agreed to pay them $100,000 for an easement over their land over which the west branch of the Soper Creek flows between Mearns Avenue and Highway 2. This is an issue which is not related to the reconstruction of Highway 2 and Mearns Avenue and is between Schickedanz Brothers Ltd. and the owners of the Bowmanville Zoo. 3.2 .4 A meeting was held with the owners of the Bowmanville Zoo at 5: 00 p.m on Monday, January 21, 1991, to try to resolve the issues. We were not successful. At the conclusion of the meeting, Frank Nagy handed me a letter which states that their concerns raised with the Minister of the Environment are still unresolved (Attachment No.5) . . . .5 REPORT NO. : WD-25-91 PAGE 5 3. 2 .5 A municipality cannot proceed with a project until all concerns raised during the environmental assessment process have been resolved to the Minister's satisfaction. This process can take a considerable length of time and for this reason the project cannot proceed this year. A submission has been made to the Ministry of the Environment outlining the issues and asking for a ruling that the Town has taken all reasonable steps to deal with the issues raised by the Bowmanville Zoo which are related to this project. 3 .2 . 6 Four parcels of land are required for road widening for this project, two on Highway 2 and two on Mearns Avenue. We have been successful in obtaining agreements for all but the land required from the Bowmanville Zoo. In order to be in a position to proceed with the project in 1992, it is recommended that expropriation proceedings be initiated to obtain the widening on the east side of Mearns Avenue. 3 .2 . 7 The purchase of the other three parcels of land will be dealt with in separate reports . 3 .2 . 8 The proposed 1991 Capital Budget and Four Year Forecast reflects the change in timing for this project. Respectfully submitted, Recommended for presentation to the Committee, ----------------------- --- _ ____ Walter A. Evans, P.Eng. , LawreWAistrative Kotseff, I Director of Public Works Chief Officer ! WAE*llv February 18, 1991 Attachments . . .6 I ! REPORT NO. : WD-25-91 PAGE 6 pc: Mr. Alex Nagy, President Bowmanville Zoo 340 King Street East Bowmanville, Ontario L1C 3K5 Ms . Cathy Cetrulla Ministry of the Environment Environmental Assessment Branch 250 Davisville Avenue 5th Floor Toronto, Ontario M4S 1H2 Mr. Doug Goltz Ministry of Transportation Regional Municipal Maintenance Section Central Region Atrium Tower 1201 Wilson Avenue Downsview, Ontario M3M 1J8 i i i i LEGEND ROAD WIDENING REQUIRED w z w a ILL U W H --j _. O w ORCHARD LIMIT OF J IZ PARK DR. PROJECT z SAVANNAH LAND 00 JOHN AND CAROL w CORPORATION = SORNBERGER (BOWMANVILLE ZOO) E- c 294 KING ST. E 340 KING ST.E. EASEMENT I KING STREET EAST w w z w w � a N z 0 a z SIBJEL INVESTMENTS LTD. z X 229-237 KING ST. E . LIMIT OF / MANUFACTURES LIFE INSURANCE COMPANY LTD. PROJECT 225 KING ST. E J% .X v,+��:'n h r cart a� " 1 e..a c � G ECT �O� M(Y, DRAWN J .M. DATE FEB. 1991 ATTACHM NT N KEY MAP WD-25-91 u -71_IL- 11 -ID0 WED 1S =,D SE SNENT F.RC-i C R _ 02 THE ALL NEW 4 BOWMANVILLE ZOO— June 19, 1990 . The Honourable Jim Bradley, Minister of the Environment , 135 St . Clair Ave . W. , 5th Floor , Toronto , Ont , M4V 1p5 i Dear Sirs : Re : Reconstruction of King Street (Hwy 2 ) Bowmanville Environmental Study Report We are writing to you regarding the above project to express our concerns . First we would like to start by stating that the reason for writing at this late is due to the fact that we did not receive any notices regarding the Study Report . We learned about this study through a neighbour who showed us his notice just recently. Since then we did meet with the Mayor of the Town of Newcastle and asked that our concerns be forwarded to your Ministry . Attached is a copy of the letter which we sent to the Mayor following our meeting . We believe that the summary should be self explanatory to you . Tt is our opinion that 'the development in the watershed has not been carried out in accordance with the Master Drainage Plan as approved with little regard to the: environment or riprarian rights . . We ask that our concerns be taken into consideration and would appreciate a meeting with you to *discuss• them Ab further detail . Yours truly, BOWMANVILLE Z00 ATTACHME�JT NO, D Alex Nagy` WD-25-91. President . AN:hb Encls . 340 King Street East • Bow manviiie Ontario Canada • L 1 C 3K5 1.11,01 C74 10 7, C7, THE ALL NEW IV, off Cc ffpv Q JUN 13 1990 BOWMANVILLE TOWN OF NEWCASTLE ZooMAYOR'S OFFICE June 12 , 1990. Town of Newcastle, 40 Temperance St. , Bowmanville, Ont. L1C 3A6 Attention : Mayor - M. Hubbard Dear Mayor Hubbard: Thank you very much for meeting with Mr . Winters and myself on June 8 , 1990 to discuss some of the problems which the Bowmanville Zoo is currently experiencing as a result of develop- ment of lands surrounding the zoo. The following is a summary of the concerns raised and our understanding of your undertakings to deal with same. Security Fencing When the Veltri subdivision was constructed the area immediately to the south of the development and north of the zoo was dedicated by the developer to the Town . The area is presently used as a childrens ' playground and park. There is no fence separating the playground/park from the zoo property and as a result , the children in the area readily trespass onto zoo property. If the children cross Soper Creek they can easily come in contact with zoo animals . Discussions had taken place between Town ' s staff to erect a fence and although the Town was initially prepared to do so it now appears that they are not . You indicated that you had spoken to Mr . Caruana in Community Service and that the fence has been provided for in the budget . You have agreed to follow this up with Town staff and confirm the Town' s position . Erosion Another concern with existing and future development is the resulting erosion to the banks of the creek which meanders through our property . The pond which was designed and built at the south end of the Veltri subdivision does not function as intended . During heavy rains the pond floods over and runoff goes directly into the creek increasing flows . In winter the pond freezes over creating ice jams in the creek causing water backup . 340 King Street East • Bowmanville Ontario • Canada • L 1 C 3K5 THE ALL NEW BOWMANVILLE zoo_ 2 - As the ice thaws the water is released with tremendous pressure and speed causing significant erosion. We have discussed the pond with Mr. Cannela of the Town as well as Sernas & Associates who were the designing engineers and it was their conclusion that the pond does not work as intended . Corrective measures are required to repair the damage to date as well as to protect for future erosion. We were pleased that you were familiar with the situation and agreed that a problem does exist . You have indicated that you would call for a meeting of all parties involved to discuss a resolution and would report back to us within a two week period . Retention Ponds - Schickendanz A third concern discussed was the development of lands to the west of our property and the issue of storm water management. Having read the development agreements and the storm water management reports prepared by Marshall Macklin Monaghan and by Proctor and Redfern we learned that the development of the lands was not to proceed until satisfactory measures had been taken to control storm water runoff . Both engineering reports indicated that retention ponds as well as chanelization of the creek would be required to control storm runoff . A majority of the lands in question have already been developed in advance of the storm controls required . In order to implement the works recommended easements would be required through our lands . Last year Mr . Schickendanz entered into negotiations with us to obtain the easement . It appears that these negotiations were terminated when the Town entered into an agreement with the developer , wherein the Town assumed the responsibility of acquiring the said easements . It is not clear as to why the Town should have assumed such a liability . Our main concern over the proposed works is that they should not negatively impact our property not only in appearance and maintenance but also for the future development of the corner at Mearns and Liberty . You indicated that you would look into this matter as part of the meeting with the staff and developers within the next two weeks . I I 340 King Street East • Bowmanville Ontario • Canada • L 1 C 3KS THE ALL NEW BOWMANVILLE zoo_ 3 - Widening of Highway #2 A fourth point raised and which we feel is of significant urgency is the widening of Highway #2 . It was by chance that a neighbour presented us with a notice that he received from the Town referring to an environmental review prior to construction . We were never in receipt of such a notice . We have a concern about the noise and dust that would be created during construction and the impact on the animals . We have on the zoo grounds very sensitive species some of which are very rare and endangered . As a security precaution we feel that it will be necessary to move these animals to an area beyond the influence of the construction . At this time we do not have any information to work with but certainly an impact study would be required and the responsibility for cost should be established . We have asked that the Town advise the Ministry of our concerns and that a meeting be established . We would appreciate receiving a copy of the correspondence between the Town and the Ministry , for our files . Future of the Zoo As a final point we discussed the future of the zoo in relation to the plans of the Town in general . It is our view that the development to date has been approved without any consideration for the zoo and its occupants . We are not aware of any notices sent to us as the owners regarding proposed upstream development, even though we formally asked the Town to keep us informed of any new developments . At this time we are not in a position to determine the long term effect of surrounding developments on the current operations of the zoo or its future expansion . We are convinced however , that our potential for future expansion will be constrained by urbanization . In addition our business depends on breeding of new animals not only for our own use but for that of other zoos . The noise , lighting and increased pollution will have a negative impact in breeding . 340 King Street East • Bowmanville Ontario • Canada • L 1 C 3K5 14 111 4 7'� re 11 „ 141 1-1 L'» nL 7C 74 h"' n /414) C74 1"70 C-,., 1 THE ALL NEW BOWMANVILLE Zoo_ 4 - As we indicated to you we wish to resolve these issues with the co-operation of the Town . We feel that the Town has much to gain or lose as we do. The Bowmanville Zoo is a long established institution which currently attracts approximately 150,000 visitors annually. -- This translates to substantial tourist dollars for the Town . We thank you in advance for your anticipated co-operation and look forward to hearing from you within two weeks . Yourst truly, BOWMANVILLE ZOO f% Alex Nagy, President . AN: hb i i i I i 340 King Street East Bowmanville Ontario Canada L 1 C 3K5 (416) 623 5655 (416) 62.3 9675 - 24 hrs • (476) 5761928 - Fax THE ALL NEW IT 0M BOWMANVILLE zoo_ WA . -.-October 27 , 1990 T Walter Evans City Hall Bowmanville, Ontario-"---,-' ' Dear Mr. Evans, In regards to the proposed widening of Highway 2 from Mearns Avenue, through to the bridge over the eastern branch of the Soper Creek. The Bowmanville Zoological Park Ltd. (BZP) , occupies the area north of the proposed construction. As a tourist attraction and as a centre for the propogation of endangered species, the BZP has concerns regarding the impact of widening Highway 2 . As an attraction destination, it is extremely important for the BZP to maintain the highest standards of aesthetics for its quests. We have met on several occasions and Mr. Don Bourne has been very cooperative in creating a schedule, which should minimize the construction disturbance on the operation of the zoo. Of greater concern, is the welfare of the animal collection which is adjacent to Highway 2 , which will be subjected to the full impact of the construction process. You have been supplied with a list of animals which are housed adjacent to Highway 2 . in particular those species which are of endangered status were indicated. Many of these species are very nervous and easily stressed. We are very concerned that the noise dust and other disturbances produced by the construction, would have a deleterious effect upon the collections well-being. The figure to relocate those sensitive species which would be most impacted by the construction would be $123 , 000 . We have approached a number of other zoological facilities , capable of holding some of the animals over the construction period . However, due to the implications of shipping nervous animals, and the limited resources at other facilities , the practicality of this option is not feasible. ATTACWENT 110 , 4 WD-25-91 )'40 King Stfeet Fd',1 ROWMillWille Ontario Canada 1_7('3K5 Page 2. As an alternative to moving these animals and incurring the expenses outlined above, BZP suggests the construction of a barrier across the southern end of the zoo property, adjacent to Highway 2. Mr. Al Nagy supplied details to Mr. Don Bourne, of a proposed: barrier, which we fe1 � would minimize the enviromental disturbances created by the construction. At our last meeting, the cost of such a barrier was estimated at $32,000. Should such a barrier be constructed, the BZP is satisfied that every reasonable precaution has been made towards the well-being of the animal collection, and that the town of Newcastle and MTO are released from any further responsibility towards the animal collection in regards to the proposed widening of Highway 2 . With thanks for your consideration of this brief, I remain, Your obedient servant, Michael Hackenberger Director _ JANUARY 21 , 1991 TOWN OF NEWCASTLE 40 TEMPERANCE ST. , BOWMANVILLE, ONTARIO L1C 3K5 ATTENTION: WALTER EVANS DEAR SIRS: RE: KING STREET RECONSTRUCTION WITH RESPECT TO THE AMENDED ENVIRONMENTAL STUDY REPORT PERTAINING TO THE RECONSTRUCTION OF HIGHWAY # 2, WE WISH TO ADVISE THAT THE CONCERNS SUBMITTED REGARDING THE ORIGINAL PROPOSAL ARE STILL VALID AND TO DATE UNRESOLVED. YOURS TRULY ALEX NABY zv�' ov,v 01 Lf Nf` 8TT8�UM�NT qO � n/ / nw^ o_n / nv , / �J_��_�1 wu �� ��