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2006/06/26 '.,',0. . Ie"' QOMMUNITYSERVICE;SG0fv1fv11TTEE AGEN[)~ ,.,............ ............"..........,.v.......,......' "..... ....:.., ,., ',. ......."'.....:.. .":" ....:....;;"'.<0;:. SEVENTH MEETING Monday, June 2~~ 2006 From 4:00 p.m. to 5:30 p.m. City Hall, Committee Room #2A & B 1) Approval of the 2006-06-12 Community Services Minutes. 2) DEPUTATION: a) BMA Presentation 3) REPORTS: STAFF CONTACT: a) MW-2006-69 - Nassau Avenue Traffic Operations Review Ed Dujlovic b) R-2006-22 - The Centennial Water Molecule Denyse Morrissey c) MW-2006-71 - Interim Sign By-law Ed Dujlovic d) MW-2006-72 - Parking Enforcement Fire Route Handicap Parking GNGH Ed Dujlovic e) MW-2006-74 - Clifton Hill Parking Review Ed Dujlovic t) MW-2006-77 Victoria Avenue @ Centre St/Clifton Hill Intersection Operations Ed Dujlovic 4) NEW BUSINESS: 5) ADJOURNMENT: __m~'_'_"" iT ;r , , . MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, June 12, 2006, City Hall, Room 2 at 4:30 p.m. PRESENT: Chair - Selina Volpatti, Mayor Ted Saki, Alderman Victor Pietrangelo, Alderman Jim Diodati, Alderman Joyce Morocco, Alderman Carolynn Ioannoni, Alderman Vince Kerrio, Alderman Wayne Campbell, Alderman Janice Wing. REGRETS: Tony Ravenda. STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Denyse Morrissey, Pat Burke, Ken Burden, Dean Iorfida, Serge Felicetti, Alex Herlovitch, Ken Beaman, Serge Felicetti, Holly Pemberton - Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Ken Jones - 6521 Burdette Drive, Paul Nolan - 4901 Ontario Avenue. MINUTES It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Wing, that the May 29,2006 minutes be approved. Motion: Carried Action: Recommendation submitted to Council 2006-06-12. DEPUTATION a) Railway Museum - Keu Jones It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Diodati to defer the presentation on the Railway Museum to the June 26, 2006 Council meeting. Motion: Carried Action; Recommendation submitted to Council 2006-06-12. REPORTS a) R-2006-16 - Recreation Property & Building End Use It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Wing that the report be deferred. Motion: Carried Action: Recommendation submitted to CounciI2006-06-12. ,- n ----- -2- b) R-2006-22 - The Centennial Water Molecule It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Morocco that the report be deferred to invite representatives from Hi-Tech Material Handling to attend. Motion: Carri ed Action: Recommendation submitted to Council 2006-06-12. c) R-2006-23 - Review & Evalnation: Next Steps New Indoor Multi-Use Facility It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Kerrio that a comprehensive review be completed by September 2006 that analyses the need for an viability of an indoor sports field facility on City owned lands, and this review would serve as the basis for a Request for Proposal for the development of such a facility. Motion: Carried Action; Recommendation submitted to CounciI2006-06-12. d) MW-2006-63 - Ontario Avenue Heavy Vehicle Restriction Review It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Kerrio that 1) that "Heavy Vehicle - including buses" restriction be installed on Ontario Avenue/Palmer Avenue between Bender Street and Queen Street; and, 2) that "Heavy Vehicle - including buses" restriction be installed on Bampfield Street between Palmer A venue and River Road; and, 3) that "Heavy Vehicle - including buses" restriction be installed on Eastwood Crescent between Palmer A venue and River Road. Motion: Carried Action: Recommendation submitted to Council 2006-06-12. e) MW-2006-68 - Unanthorized Alterations to Public Property It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Kerrio that the report be received for the information of Committee. - Further - It was ORDERED on the motion of Mayor Salci and seconded by Alderman Wing that a protocol be prepared that allows staffto take appropriate legal action regarding unauthorized alternations to public property. Motion; Carried Action: Recommendation submitted to Council 2006-06-12. ~- - - -3- f) MW-2006-67 - Consultant Selection Queen Street Reconstruction It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Kerrio that in accordance with the City's Consultant Selection Policy is it recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the first phase of the Queen Street Reconstruction for the upset limit of$219,760.00 excluding GST. Motion: Carried Action: Recommendation submitted to Council 2006-06-12. NEW BUSINESS It was ORDERED on the motion of Mayor Salci and seconded by Alderman Kerrio that staff review all options for the left hand turn, northbound traffic on Victoria A venue at Centre Street and meet with the appropriate BINs and report back to Committee as soon as possible. Motion: Carried Action: Recommendation submitted to Council 2006-06-12. Alderman V olpatti advised that numerous seniors on Portage Road between Thorold Stone Road and Colborne Street are using motorized scooters on the road and it is only a matter of time before serious accidents occurs. It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Morocco that staff review the use of motorized scooters on City streets. Motion: Carried Action: Recommendation submitted to Council 2006-06-12. ADJOURNMENT It was ORDERED on the motion of Alderman Morocco and seconded by Mayor Salci that the regular meeting ofthe Community Services Committee be adjourned at 4:59 p.m. ,. III --- . Community Services Department MW-2006-69 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 - web site: www.niagarafalls.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca June 26, 2006 Alderman Selina V olpatti, Chairperson and Members oftbe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-69 Nassau Avenue Traffic Operations Review RECOMMENDATION: It is recommended that the following report be received for information. BACKGROUND: At the Council meeting March 20, 2006, subsequent to discussions regarding report PD-2006-24 (Chippawa West Phase II - Draft Plan of Subdivision), staff was requested to review the traffic operations on Nassau Avenue. Nassau Avenue is a local residential roadway extending between Sodom Road and Lyon's Creek Road. Sidewalks are present on the east side of the roadway in the study area and the roadway width is 8 metres. Currently, parking is permitted on both sides ofthe roadway in the study section. The total length of Nassau Avenue is 340 metres in the study area. Staff has conducted an origin/destination study to determine whether motorists are using Nassau A venue as a cut-though route between Lyons Creek Road and Sodom Road. The study revealed that of the vehicles observed during the afternoon peak period, 30% of the vehicles cut-through between the connecting major roadways. Northbound motorists on Sodom Road wishing to proceed west on Lyons Creek Road may choose Nassau A venue, as the distance is slightly shorter resulting in a quicker travel time. This is due to the curvature of Lyons Creek Road near Sodom Road. In addition, a traffic count was conducted which reveals an average of 450 vehicles in a 24-hour period. A speed study conducted on the same study portion of the roadway reveals that the 85th percentile speed, the speed which majority of motorists travel at or below, is 42 km/h. Based on these results and the 50-km/h speed limit of the roadway a speeding problem does not exist on Nassau Avenue. However, it is apparent that motorists use Nassau A venue as a cut-through route between Lyons Working Together to Serve Our Community Municipal Works. Fire Services' Parks, Recreation & Culture . Business Development. Building & By-Law Services I. ". - - June 26, 2006 -2 - MW-2006-69 Creek Road and Sodom Road. Therefore in an attempt to reduce the cut through traffic, signs will be installed on Nassau Avenue at both Sodom Road and Lyons Creek Road stating "Through Traffic Use Sodom Road" or Lyons Creek Road (whichever is applicable). Should cut through traffic continue to be an issue in the future, an environmental assessment for traffic calming will be required. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: espectfully SUbW ~.f> ~ -, W /11 { Karl Dren, C.E.T. ( John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved by: f''t:>~ Ed Dujlovic, P.Eng. Director of Municipal Work Bart SkibaS:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\06 June 26\MW-2006-69 Nassau Avenue~Origin Destination Review.wpd - - LEGEND: Study Section ~ Proposed "Cut-Through" Signs ~ 0 d Z ::E ~ 0 [fJ 0 0 rfJ. WEINBRENNER RD. i ~~ MUNICIPAL WORKS NiagaraFffll~TRAFFIC & PARKING SERVICES Nassau Avenue NORTH Traffic Operations Review NOT TO SCALE June 26, 2006 Bart Skiba _.......- ,. 11 ._.~.- . - - . Community Services Department R-2006-22 Parks, Recreation & Culture Denyse Morrissey 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: dmorrissey@niagarafalls.ca June 26, 2006 Alderman Selina V olpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2006-22- The Centennial Water Molecule RECOMMENDATION: Tha.+.4\x C.eJ\+enoia..l Wa:kr mole.c~e... be.. r~+u..rn~cl 4-0 ~he. CiJ of k\t~o..ra... I=Cllls wH-hin ono(. year. X That the Centennial Water Mo cule, currently located at the Hi-Tech Material Handling Company site, Niagara-on-the-Lake, (Virgil) be returned to the City of Niagara Falls and the Agreement enforced. /2. That the City take appropriate legal action if the molecule is not returned. BACKGROUND: the Water Molecule was constructed in 1967 as part of the Centennial Square project at the front of the City Hall in commemoration of Canada's Centennial Celebration. The Centennial project was contracted to Self a Arts Studio Limited at a cost of$13,090 with the Water Molecule component at $3,200. The molecule was designed by then Cityodraughtsman, Derek Costello. A photo of the Water Molecule is attached. In 1996 the Centennial Square was redesigned and it was determined that the Water Molecule would be relocated to another site in the City. It was temporarily in storage at the Municipal Service Centre. Hi. Tech Material Handling 1994 Ltd. requested that the Water Molecule be situated in front of their property at 4555 Kent Street There were other companies that expressed an interest in ~e sculpture, including Stevensville Lawn Gallery, however, the thought at that time was that because the molecule was symbolic ofthe municipality, it should remain in Niagara Falls. Consequently an Agreement (By-law No. 96-222 is attached) between the Corporation of the City of Niagarao Falls Working Together to Serve Our Community Municipal Works. Fire Services. Parks, Recreation & Culture · Business Development. Building & By-Law Services June 26, 2006 -2- R-2006-22 and Hi-Tech Material Handling Company came into effect on October 21, 1996, whereby Hi-Tech would lease the Water Molecule for the sum of two dollars ($2.00). The Agreement further states that the Water Molecule will remain the property ofthe City (Section 8) and that the Water Molecule shall be displayed, used, and maintained at 4555 Kent Street and not elsewhere without the prior written consent ofthe City (Section 14). Upon default, the City has the authority to demand the return ofthe Water Molecule with all costs to be paid by the Lessee (Section 28). It has come to Staff's attention that Hi-Tech has moved from the Kent Street address to their address in Virgil and the Water Molecule was taken to this location. Hi-Tech was advised by Staffto return the Water Molecule but the firm indicated they would not comply with this request. A copy of their April 28, 2006 faxed correspondence is attached. In turn, Hi-Tech offered to purchase it, however, a purchase price was not offered. Staff does not support the sale of the Molecule, given its artistic importance and its connection to the history of the City of Niagara Falls. This sculpture is considered by the Arts & Culture Committee to be an important artistic contribution and the return of it to the city of Niagara Falls is required, which may require bringing legal action, consistent with the Agreement. It is also recommended that a new location in the City, at a prominent place be found for this sculpture. Prepared by: Respectfully submitted: ~ ~f}L~~- J:L-N.....A.r~ Cynthia Roberts John MacDonald Manager of Cemeteries & Operations Planning Chief Administrative Officer Recommended by: ~ ~~f1turl'S~ D yse Morrissey Director of Parks, Recreation & Culture CR/das Attachment . Corporate Services Department Clerk's Division Dean lorfida 4310 Queen Street City Clerk P.O. Box 1023 Niagara Falls, ON L2E 6X5 -- web slle: www.city.nia9arafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida@city.niagarafalls.on.ca June 14,2006 Mr. Nick Colanieri, President Hi-Tech Material Handling 6913 Oakwood Drive Niagara Falls ON L2E 6S5 Dear Mr. Colanieri: Re: Water Molecule As you are well aware, some correspondences have been sent regarding the relocation of the water molecule sculpture, that was once located in front of City Hall, to outside of Niagara Falls. As a result, City staff prepared the enclosed report. City Council felt it would not be appropriate to consider the report without representation from you; therefore, you, or a representative, are invited to the upcoming Community Services committee meeting where the report will be considered. The particulars are as follows: Community Services Committee Monday, Jnne 26th 4:00 p.m. Committee Room #2, Basement of CitY Hall In your letter to Assistant City Solicitor, Mr. Ken Beaman, you indicated that you would be willing to make an offer to purchase the molecule. I would suggest that you be prepared to articulate such an offer at that time. Finally, it should be noted that your stewardship of the molecule has not been called into question; however, the agreement you signed does stipulate that the sculpture is not to be moved, frorn 4555 Kent Street, without permission of the City. Once again, we respect:fu11y request that you attend the meeting noted above. If you have any questions, please do not hesitate to contact me. Si:--- Dean Iorfida City Clerk Working Together to Serve Our Community Clerk's . Finance . Human Resources . InformatiOn Systems . Legal . Planning & Development .. n -2- June 14,2006 c. Denyse Morrissey, Director of Parks, Recreation & Culture Ken Beaman, Assistant City Solicitor Marianne Tikky, Executive Secretary - - fTI'V OF NIAGARA FA J.J.<; By-law No. 96 - 222 A by-law 10 authorize a lease agreement with Hi-Tech Material Handling 1994 Ltd. for the City's water molecule. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLWWS: t. An agreement dated October 21, 1996, between Hi-Tech Material Handling 1994 Ltd. and The Corporation of the City ofN"mgara Falls, in the form attached hereto, providing for the lease of the City's water molecule, upon the terms and conditions as set out in the said agreement, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized 10 execute the said agreement and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement. Passed this / sJl; day of ~~. .-f ;1, / . /!/. . (., .: ................kr.......:............................. R. O. KALLI ,ACTING CITY CLERK WAYNE THOMSON, MAYOR First Reading: October 21 ,1996. Second Reading: October Zl ,1996. Third Reading: Oc. tober 21 ,1996. ~--- ,. In .---. - - TillS AGREEMENT made the 21st day of October, 1996. BETWEEN: TIlE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "Lessor" of the FIRST PART; - and- ill-TECH MATERIAL HANDLING 1994 LID., Hereinafter called the 'Lessee", of the SECOND PART; WHEREAS the Lessor is the owner of a structure, having the appearance of and commonly , , referred to as the water molecule (hereinafter referred to as, .the Water Molecule") and has offered the water molecule for sale or lease by a public tender. AND WHEREAS the Lessee was the successful bidder to lease the Water Molecule from the Lessor. NOW TIlEREFORE TInS AGREEMENT WITNESSETII that in consideration of the lease granted to the Lessee by the Lessor and the payment of the sum oflWO ($1.00) DOLLARS now paid by the Lessee to the Lessor (the receipt and sufficiency of the consideration is hereby acknowledge by the parties), the parties hereto mutually covenant and agree as follows: I. The Lessee leases from the Lessor and the Lessor leases to the Lessee the personal property, being the Water Molecul~ together with any parts. accessories or a.ttaclunents relating thereto or affixed thereon upon the terms and conditions set forth in this agreement. 2. This agreement shall commence on the 1st day of October, 1996 and shall remain in force until the 30th day of September, 1997 and thereafter shal1 continue in force from year to year from the 1st day of October in each year until the 30th clay of September in the following year on the same terms and conditions as set forth in this agreement. provided that either party may terminate this agreement by giving 30 days written notice to that elfeot to the other party in any year and such notice having been given, this agreement shall terminated on the 30th day of the date of the giving of such notice. I. ,I. -- - 2 - 3. This agreement constitutes the entire agreement between the Lessor and Lessee and the Lessee acknowledges that there are no promises, inducements, representations, collateral warranties, warranties, conditions, options or terms, oral or written, expressed or implied or otherwise, made by or on behalf of the Lessor or operating in favour of the Lessee.with respect to any aspect of the Water Molecule (including, without limitation, its condition; design, capabilities, operation, use, suitability, fitness, durability, quality. merchantability or history (e.g.. new, used, reconditioned)) or with respect to the appropriate treatment of this agreement, other than as may be expressly stated in this agreement. 4. The Lessee acknowledges that it alone has selected the Water Molecule. S. The Lessee acknowledges and agrees that the sole functional obligation of the Lessor in respect of the Water Molecule is to permit quiet possession of such Water Molecule on an lias isN basis as long as the Lessee is not in default. 6. The Lessor shall not be liable to the Lessee for any loss, cost, expense or damage of any kind or nature whatever caused directly or indirectly by the Water Molecule. 7. In the event of any failure of the Water Molecule, it is the Lessee's express intention that any exclusion of liability operating in favour of the Lessor shall continue to bind the Lessee. The Lessee acknowledges that neither an equipment supplier, nor any repair person, nOf any salesperson is an agent ofthe Lessor. 8. The Lessee acknowledges that ownership and title to the Water Molecule shall remain vested in the Lessor. 9. The Lessee shall have no right, title or interest in the Water Molecule other than, conditional upon the Lessee's compliance with the fulfilment of the terms and conditions of this agreement, the right to maintain possession and use of the Water Molecule for the term of this agreement. Such right to possession and use shall be exercised only by the Lessee or competent employees of the Lessee. 10. The Lessor may require plates or markings to be affixed to or placed on the Water Molecule indicating the Lessor is the owner. 11. The Lessor and Lessee confirm their intent that the Water Molecule shall always remain and be deemed personal or movable property of the Lessor, even though the Water Molecule may become attached or affixed to realty and regardless of the manner in which it may become affIXed or attached. 12. The Lessee shall be responsible for any damage done to any real estate, irrunovable property, - - - 3 - building or structure by removal ofthe Water Molecule (whether removal be effected by tbe Lessee, Lessor or any third party) and shall indemnity and save harmless the Lessor from any and all claims, actions, suits, proceedings, costs, expenses, damage and liabilities whatsoever arising out of, connected with or resulting from the removal of the Water Molecule. 13. The Lessee ~h~1I obtain -any landlord or mortgagee waiver as the Lessor may require. 14. The Water Molecule shall be displayed, used, and maintained at the lands niuni~ipally known as 4555 Kent Street. Niagara FaDs. Ontario, and not elsewhere without the prior written consent of the Lessor, which consent may be arbitrarily withheld. 15. The Lessee shall, at its own cost and expense, cause the Water Molecule to be delivered to 4555 Kent Street, Niagara Falls, Ontario, and to be installed and maintained prudently at all times , and, in compliance with the Lessor's recommendation and the terms and conditions of this Lease and all applicable laws and regulations, by competent and qualified personnel only and for business purposes only. 16. The Lessee, at its own cost and expense, shall comply with and conform to all applicable laws, by-laws, regulations and legislation in any way relating to the ownership. installation. testing, possession, use, operation, repair, maintenance, servicing, transportation, storage or bailment of the Water Molecule throughout the term of this agreement and to the complete exoneration of the Lessor from liability. 17. The Lessee, at its own cost and expense, shall keep the Water Molecule free oClevies, liens and encumbrances and shall pay when due. and if applicable, all licence fees. registration fees, assessments,. charges and taxes (municipal, provincial and federnl) which may be levied or.assessed directly or indirectly against or on account of the Water Molecule or any interest therein or use thereof. 18. The Lessee shall at its own expense maintain the Water Molecule in a state of good repair, condition and worlcing order and the Lessee shall furnish all such parts or mechanisms required 10 keep the Water Molecule in the aforesaid conditions. 19. The Lessee shall not without the prior written consent of the Lessor make any allerations, additions or improvements to the Water Molecule. An such alterations, additions or improvements so made shall belong to and remain the property of the Lessor. No loss or damage to the Water Molecule or any part of it shall affect or impair the obligations of the Lessee which shall continue in , .. .. - - - 4 - full force and effect. 20. The Water Molecule shall be at the risk: of the Lessee and lhc Lessee assumes lhe risk or liability and shall pay for any loss or damage arising from or pertaining to the possession, operation or use of the Water Molecule or from any cause whatever and. with.out limiting the generality of the foregoing, liability O! loss arising from fire, theft, foss, confi~ation or expropriation. 21. The Lessor. its employees and specifically authorized agents shall. at all ~easonable times. have access to the Water Molecule for the purpa~e of inspecting or testing it. 22. The Lessee shall obtain and maintain for t.he entire term of this Lease. at its own expense. a comprehensive policy of general liability and property damage and insurance against loss or damage to the Water Molecule including, without limitation, loss by fire (including so-called extended coverage), theft, collision satisfactory to the Lessor protecting and indemnifYing the Lessee and the Lessor against any claims for damage for bodily injury to or death of one or more persons and the loss of or damge to property with all inclusive coverage of not Jess than $2,000,000.00, such policy to include the Lessor as an additional insured. and loss payee thereof. as well as "cross Jiability" endorsement and shall contain a clause requiring the insurer to give the Lessor at least thirty days' prior written notice of any alteration in the tenns of such policy or of the cancellation of it. 23. At the Lessor's request, the Lessee shall furnish to the Lessor a certificate of insurance or other evidence satisfactory to the Lessor that such insurance coverage is in effect, provided however that the Lessor shall be under no duty either to ascertain the existence of or to examine such insurance policy. or to advise the Lessee in the event such insurance coverage shall not comply with the requirements of this Lease. 24. The Lessee appoints the Lessor to make claims and receive payment in accordance with the provisions of su.ch policies. 25. The Lessee further agrees to give the Lessor prompt notice of any damage to, or loss of, the Water Molecule or any part afit. 26. Without the prior written consent of the Lessor, the Lessee will not assign any of its rights or sublet any Water Molecule or pennit the Water Molecule to be in the possession of anyone but the Lessee. 27. The occurrence or happening of anyone or more of the following events shall constitute an Event of Default: - - - 5 - <a) default in the observation or performance of any other term or condition of this agreement; (b) the Lessee suspending business practice; (c) if all or any part of the Water Molecule is, or may be in ~ent danger of being con- fiscated. sequestered or seized under process of law; (d) any act by the Lessee reducing the value or usefulness of the Water Molecule, including failure to maintain or repair the Water Molecule as required; (e) the subjection of the Water Molecule to any lien, levy. charge or encumbrance; (I) the Lessee making a sale in bulk of its assets or becoming insolvent or bankrupt or unable to pay .its debts as they fall due or any bankruptcy, reorganization, debt arrangement or other proceeding under any bankruptcy or insolvency law or any dissolution or fiquidation proceeding being instituted by or against the Lessee and, if instituted against the Lessee and defended by the Lessee, remaining undismissed for tturty days; (g) the private or court appointment of a receiver or receiver and manager or officer with similar powers over any part ofthe Lessee's property; (11) if any insurance placed or maintained pursuant to the terms of this agreement shall lapse or be cancelled and shall not be replaced by another poficy within ten days after notice from the Lessor to the Lessee; (.i) the Lessee parting with the Water Molecule; Of, (j) the Lessee ceases business or locates .its business to another location. 28. Upon the happening of an Event of Default, the Lessor may, at .its sole option: (a) demand from the Lessee the return of the Water Molecule with all costs to be paid by the Lessee; (b) enter upon the premises where such Water Molecule is located and take immediate possession thereot; whether .it is affixed to realty or not, and romove the same, without order of the court and without fiability to the Lessor for or by reason of such entry and taking of possession, whether for damage to property or otherwise, and sell, lease or otherwise dispose oflhe same for such consideration and upon such terms and conditions as the Lessor may reasonably deem fit, and the payment by the Lessee ------.-.. I- 1111 ~ - - - 6 - of all expenses and costs associated with such entry and removal by the Lessor; Of, (c) forthwith terminate this agreement without the necessity of giving to the Lessee 30 days written notice of the termination of the agreement as provided for in clause 2 to this agreement. 29. All rights ao.d remedies "provided are cumidative and ~re not intended to be exclusive and in addition to any other right or remedy previously referred to or otherwise available to the Lessor at law or in equity, and anyone or more of the Lessor's rights and remedies may. from time to time, be exercised independently or in combination and without prejudice to any other right or remedy the Lessor may have or may have exercised. 30. No tenn or condition ofthis agreement can be waived, except by the written consent of the Lessor and the forbearance or indulgence by the Lessor in any regard whatever shall not constitute a waiver of the covenant or condition to be performed by the Lessee to which the same may apply. 31. If any term or condition of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this agreement, or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term or condition ofthis agreement shall be valid and enforced to the fullest extent pennitted by law. 32. It is agreed by and between the parties that, whenever the context of this agreement so requires, the singular number shall include the plural and vice versa and that words importing the masculine gender shall include the feminine and neuter. 33. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Lessor and the Lessee as follows: Hi-Tech Material Handling 1994 Ltd., 4555 Kent Avenue, Niagara FaIls, Ontario, LZHIJI Telephone No.: (905) 356-6500 Fax No.: (905) 356-5988 The Corporation ofthe City of Niagara FaIls, Attention: City Clerk 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario. L2E 6X5. Telephone No.: (90;;) 356-7521 Fax No.: (905) 374-7500 . . . - 7 - Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 34. This agreement shall be b!nding on and enure to the ben~fit of the parties and their respective heirs, executors, successors and permitted assigns. 35. This Lease shall be governed according to the laws of the province of Ontario. 36. No changes, amendments. variation or modification of this agreement shall in any way be valid, unless signed by authorized officers of the Lessor and the Lessee. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. ) ill-TECH MATERIAL ) HANDUNG 1994 LTD. ) ~ ) ) ) Name: Nick Colaneri ) Title: President ) ) TIIE CORPORATION OF TIIE CITY ) OF NIAGARA FALLS ) ) ) ) Name: Wayne Thomson ) Tille: Mayor ) ) ) ) Name: E. C. Wagg ) Tille: City Clerk '" , ii;' >; r> '<> "" N N N 8'S::",;I> t:I:f nn .., ..."'~ t:I:f '< ::iO . -t;m~ ., ><:~ g::l.S .!... :l; (j~~~ ~ ~~ -. - a ~ -<"P=l - ~'"'l ",. ~ 0 ;1>.... :l; "":l; ~ ~ ~.~ to c: ""'0_ -t:l-l:T' ..., n> (J'Q C" 0 ., ., 8...... t:;. 0'" C1> ~~ -"'81 n> ~ .'~ n . C::t"4~tD ~_n>e:1 . p. g. CD Cynthia Robe,!s - Dancing waters at Square.jpg Page 1 DANCING WATERS AT SQUARE _ Evening Review at the civic square of midnight Thursday. The fountain photographer Gordon Counsell cought this first picture serves os 0 focal point for the square which is the city's of the water molecule fountain, featuring dancing woter cfficiol centennial project. It will be dedicoled ot <1 p.m. in it~ lordrnnt 1'001, just after it was put into operation tcmorrow. ,- III I Cynthia Robe~s - Focal Point Chosen.jpg Page 1 FOCAL POINT CHOSEN-Derek Costello, 0 droughts- man in the city engineering deportment, is pictured with 0 model of the Jlwater molecule" illuminated fountain he designed for consideration by City Council os 0 focol point for the Centennial Civic Square. The design was approved Tuesday on a 5.4 vote. Colored water will cascade from f100ting electrons and stream down the centre into a moving pool below. Total cost of the finished fountain was estimated ot $9,500. (Review photo by Roels) .-----,y----- ,II -- Cynthia Roberts - Focal point for Centennial Civic Square.jpg - - Page 1 Focal point for Ccntennial Civic Square Illuminated fountain picked by council /""A"'k1 By MARILYN ANDERSON II. Eidt, I Kale model of the lype of surroundings in lIIe civic Tho mayor also said be had Ald. &011 mo~ eouncil _po- proposal 50 IlIat 'cOllllcll "cln nlu moleaIle foUDtain... square. Caunell give Ill> flJl"lII.,. 1eam0<! throneh lbe library pro,'t tho No.Id olllle Mist Rit- Cel OD wllh otbor atldrs 0( lbe- Aft... nearly. yen of sbody W1vei1edIl)'Mr.Eidtoloogwilb con$idet.U""lotheptupoul. board thai the ln1le 01 lndians luetobocminbroozelndnot municipality." .Ild debolt - It one ~age I day model of the prl>pOSed lb. legendary Mild of !be Miot including the l"lJIIbbl .t I allt "plTkillJ cvltnnunlty-widt: aiD- Mlid or ,he Mist fountain. STnEA.'Il OF WATER belon&ed to "did 1\01 bon..,. In ol S17,32%. The moll"" "'"S :see- He IlOl0<1 lIIat ".ben M.yor tro'<ersy - the selection 01 . Tho dt)" engineer upbllle<l human peri/fee." U. did no! oPMd by ALl lfcBa/Q bul in the P,IlUer ISSUIlled offlce ill JIIlIt- fOOl! point for the Ctllknlllal ESlhnlted costs for IR two the waler mokc:u\e cooc:tpl elabar.te. ensuiug~.. ollly Chl! other at- ''Y, be "lIalllWidy IOl don ClvieSqIIU..tleostol$!l.SOO ptopoSalo....deIallecl..foi- ..ou1iI"'v.t""...urf~ng__ dermon~edlhelnO'<e_ to.....k"OII11ading..""'.1 w" !'lode Tuesd.y by City k>ws: t~ the aIltre from floaUar e\ee- AkL Philip Dowaie. pointed Ald. McC.nwn. po/JIt lor the 1IlI...... and pro- Couftdl '"" . splil "ote. 1.-__. II ..ould ".t.eam down out """""U had IIOt acled OIl . posed . "__atln- f-.ln.w So,\ed.e . 1. W.ter IIIotecule illumhla- !be eentro" iolo . movlnr pool Knlehta of Columoo. offer to A oeo:oad motion, ......on<:ed WhIle. AId. )fKBoia did Dot be- . . d~ .~:gln:7- led fOllllbin -labor.nd m... beIo... eOllstnld. stahie at. cost'" byAld.Bearw.ndAld.MartIn lieve!be nler .molecule Was :f.r."'W:~~ fO:uW: a~ terlab: for Atainkss st~ e...... The faunt'in effect for lbe W1,llOObec.use "cllIlndl fell thb: calL:d for .ppravll at. the ...ter .rtlsl.It, It ",.. dteorlUn. IDd . . .lructlon, $3,500; illumia.ted .d Mis I uld wlltlld be rivlnl: W1due JIf~ molecu1.fountala.tleostof Mlbatbulsbecouldsapport sta'nl.. steel c.o""-ructlOll. let rount.in 'lrith uscJdlar coloud Mo, III the t propos. lI'Il motloa to...... particular f.ction 19,500. n clllTied on . W "ate. il on"'I".repodlUmltone"nd ...lei- $6000.totlleost,$9,5Ot "",e".tercl5<:.d\ortrODlthe th deIrimenl:ol ~.. or . rrlcdul. .Iw.ys maring ". . 1II0.ls1 III I ~.lndiaD m.lden la" a s. Aid. Mi1cbelson apposed !be "White'.m personally mou pool. %. IIoI.id of the Miot!owlUirI pulSed .llIle briak of the I.ns lie noted Ibem.jorilJ ore\ti-- malf... lIee.llSe be HId it hod lateen up wltIllhe MaW of,lIlt Linked to the approval1llas -eas:'-iJlfibregl....llbor.nd wilhtbetipaf.siukincunoe _ 1:1 NIagara F"Us "are beeahlsandenilllllintthltbe- Mlsl-.sm.:elthaabeeolur1led the rejecLlon by eooncil 01. m.ten.It"n,ooo; r......lain, $6,- .I....e fool. Cbristilns" IJld if eouncil ob,. fort. dcdsion,," malla tbe dow1o,l.mtnP"llllIlollUpport M.idoltbeMislfoWl!alall 000: 1olaI'11.000: east.iD A1d.MacBaiDopcnetldisaJ&- jecledlotbokolCproposal cllywoWclseekmodelslDCIplO:- 1be...te!'IIlO1ecu1eJlr'OllOul_ . max;'lItIIII cost 0{ $23.= Ind bron... lobor. .nd m.ten~ls, .ion.... the Issue by pobdlng llIIt from. point 01 yi"" or IIIll lures of fllllnl~ins eslabllsbed and ". ;111 _ IIll 10 otho:r . minimum or $11,000 depeDd- $11,232:; fOW1lI,a, $8,000: loh]. It had baen deemed "aa1 prlO:- sbolrin& tayoritlsm 10 t1\risliaa.. else",bere. nn.. had 1llIt ~ matters, A1d. MadI.1a uld. IDg 011 tile type af'mlterlal 1'230232. UeaJ"louse.cl>emk:lI,nbtl- IIy,"I...!>mIl__are~g done. Aoeardlnc It the tily eap.... ustot AId. G...stllllfl'S propoul, j~~fa..::~er freezlnc ~~r::,. =:r:,d:= He sialrl he 'lI'...1so IIppD5ed er'1 npwIlIII. Felt. 13. the COIIIICU.\sobypassedllllb- far..hlebIlOSCllemoilel.... II . _Ihlna:Ih&tIaI"'CU1willl bc!uuoe\lle..aterm~CIIl>- "moleculo" dtslp _Id fD. mIssian by Aid. Jalm Gru5- .vailable. "I' presented I. Forihll....soa,lbeYoldol IbeKaklallbeMisl.proposall." upt....not".trortotart." ducIe.pooI_.bIKbyn tarriplaeorpor~~tbe)llidol sketcblann.DCIsho"ed.Mald Ihe Mist. proposal seemed ta !lwulIOrcl1edIlIlIoathe...,- ftd..E:o:hIla plWnbl:ll attbe the M'"lStfoonteliltofK:ept.with . ol the IIlsI st.tue """Ired 011. ban "more 10 aflel'"." he said. "If..e Clllnot have I iDem..wt'; birt Ald.MiIcbel- . C C mialatllr.flllsbaclidrop.ml- pool ol...luln IlllIIlol. mil.. 'Theel1mlllallanaf,..terin!he CIIrisIIa"toIlnpl,lfoilltoee aonaoldbetalledla_.",.. sUa,wwJcI.bllllRllliatbede- m.11ld by Ibe.lder",.n 10 <:IlSt l.hll'ereplkaol.thefallsll'blcll wtnteT ....ould seem 10 detrad. I\aqt..... call adopt . pagm Iblagartlstieaboutthel':Olll:epl alp althausbaddltlorWp/umb- .!oI.1 01 $lIooo.. ......uld form the rllWllain effecl ]cu!rom the Mild" line there _." AId. DoonIIe uid.reg- mg IJld III upaaded P\lIIlplnC ' . would atIII belbe lI.llU!lo at- Iste:riDthls...pporl1ll4be..... ~tOREARTISTlC . S)'lIeJDW1IIlIdkovelobefD. Appro".l or the 1IIater mole- It would be sLmilar 10 . foun- tract .Uention, Aid. NuB.I" ler lllolec:tI!e fGunIala .. oppo- "I, plead with eounc::II JlOI fa stolled' ""lelounlaJacame....W"ote tlinloc:.ledbehindtbel<lflller nid. KdIoIheKaidoltbeMlst. p.t-.l!Wicillde8pen- . with opposItlonfrom .ldermen Amh....dor~\II"ant,a... Mlyar Fr.nkliil J:MiJler_ tioa Inittaltto.t1ilsts mr er- The "molet1lle"W<IIIId be 12 E. E. MIlc'hO!LIon, John Graas- kllO'lrll as the F<mtolnhleuResI.- Ald. Scott said th~ .... eatlve people iJI this ilreaand feethlgh.nd 11 feel w!da wIUr. komll. Wllter Stott and 1."Mo:- .lir.nl..138Ol5 Ltmdy's Lone, 111"" early 1n February person- Dever. dedslc.. m.<laoa lbe .......e up vith.OIliethJnJ mor~ Callum, Supportlar.the.motlon AId.Graashmplltdlil....rt. .1lyre<:ommeada!."aterlollD- K d. C oller. "I believe ... orI~ ud moce e",.iU,"-.-" thefoUnlalafeat1ll"iPlflowlac ~.Jdenni!1I F.ibo MartlD. "'" ",!>mission to the dly ""ll. l";,,he...nsld<<ed...fOcal d1dn'ladOllitoaell'lYDrIbe Atd.Mltebelsoia said. ....ter-lMDt.oeaseat.COIid- : :Philip D01IIIIie. B.... PriaJ-. Em- illeer. polnlforthesquln_aldir_ olbt.."beuid. .D1~'The~Q.: 1ll.1k:..... ladA. A. MacBlia. rupe<:tivtoftheellmlaatlOllof AId. Macllaln.wbileorlglnld- si\lllwu.lmedlll)'llibolhlDr Mr. Eldr. lWled the Gru5- 111.1... in winl... months. the ''For tbat.reaIOll,"Alll Dow-- Iy IUJlPOrl!iaI AId. Stott'. mot. DONE 8Y "EXPERTS" kamppnlpO..\.I.f.......m.... Maldd.1heMist"au1d~at.inhe aieinlerjectod:....almouam. loa f... the Maid ol tJia Mist 1I'.t...lIldenerQ-:-T'womajar FiraI.!JIlro<lu<<dloC<lw>cilan ai,edrUcloJre"IDdbeuJlfIl$> .I(JIIllI8In" .....ouId lbe mole- erencelollleChrlstim-pal.n fOlllltakl,saldMYaa.prep.red ~oltheNillf:an Feh.13hycityenjiMerCmrad :leddouhtillrllllld"f"II"tbe culeidea. tbellr7. ~IJ to support the.....te!' moleruie -. , r. n Cynthia Roberts - Fountain designs considered.jpg Page 1 TUE5DA y, FEBRUARY 14, 1967 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 For Centennial Square -- ---.--.- --- F Olllltain. desiglls COIlSiclered The city engineering depart- major components 01 the Nia- The "molecule" design would ment Monday demonstrated its gara scene. include a pool measuring 24 by creativ.ity with presentation 01 72 feet. The mol~ule itself plans for a "water molecule" .The structm'c would ~e 12 reet would be composed of stainless illuminated water fountain for hIgh ~nd 10 leet WIde. ~e steel or aluminum. Mr. Eidt use as a Centennia,1 Square foea,l fountam w?~ld feature flOWIng explained that existing plumb- point. water - glYlOg a sense of con- ing at the sHe c-ould be used st"nt movement. in the design. Although addi- Oity en~ineer Conrad H. .Eidt EstJimated cost: $10,500. tional plumbing and an expand- actu"Uy mtroduced eounClI to cd pumping system would have three possible founta.in designs, CAST STUDIES to be installed. recommending the "molecule" A second proposa! also g"ined .. approach. council's attention. It featured .An ~gll1~erlng study, Mr. . seul ture form of the Maid Eldt saId, IOdicated that use . The proposal caUs for crea- of the p Mist atop the fountain of a. sub51:ance to ~re\'ent water tion of a' molecule. structure, _ t t E t' ted t freeZIng Il1 the wmter months I . $ rue ure. . SIma C 0 S : . comp ete With the exact num- $14500 t $15000 was unfeaSIble. A cntdown of ber of floating electrons, set on ' 0 ,. the fOlmtain flow would be a square podium at one end Council authorized Mr. Eidt to . necessitated during periods of of " graceful, always moving proceed with detailed co. t low temperature. pool. studies of both proposals. A ,; th '. th t mOuon au or.lzmg'. e cos Mr. Eidt explained that the Council last week approved stndy was approved with only design was aimed at symboliz- the water fountain proposa!.s Ald. Edward - E. Mitchelson ing water and energy - two a foca! point for the squ.re. opposed. .. II . APr.28. 2006 10:45PM No.1793 p. 1/1 ~ Ri- Th<h Material Handling ,.... ill. LEGAL DEPT. The City of Niagara Falls, Legal Services MAY 0 1 2006 4310 Queen Street, Niagara Falls, ON L2E 6X5 ACTION DISCUSS Attention: Ken Beaman INFO Upon receiving your fax, we Were surprised that there was concern regarding the Water Molec11le. As you are aware based on our agreement wIth the City, we have had possession of the molecule since 1996. We contacted Alderman Jim Diodati to inquire as to why this request had been made at this time. He informed us he would look into the matter and get back to us. We were waiting for his response when imother fax from your office arrived. Alderman Jim Diodati was once again contacted for his responSe as to what the city was requiring of us. Ri- Tech wanted to acquire the molecule since the symbol of our company Is a molecule. Betty DOticed that the Water Molecule Statue was sitting In the yard at the service center. She continued to monitor It and noticed it sat in the yard for quite some time and deCided to call City Hall to Inquire as to what was being done with the molecule. The response she received was that nothing was being done and it was at that time. We had made an offer to the City to purchase the molecule outright and the City chose to bave it leased instead. Our company is once again prepared to make an offer. I look forward to recei~ng your response. Sincerely, Hi-Tech Material Handling Per: ~ Nick CoJaneri, President. . , 6913 Oakwood Drive. N'tagara. Falls, Ontario, Caoada, L2E 6S5 I l'hooe (90S) 356-6500 Fax (90S) 356-5988 E-mail hi~h@clll1ioet.coDl I I I I. .. - - Community Services Department MW-2006-71 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca -- Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: eduj lovi@city.niagarafalls.on.ca June 26, 2006 Alderman Selina Volpatti, Chair and Members ofthe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-71- Interim Sign By-law RECOMMENDATION: That the interim amendments passed for the City's existing sign by-law that expires on June 30, 2006 be extended until October 31, 2006. BACKGROUND: On December 12, 2005, Committee passed report MW -2005-137 Sign By-law (attached). Meetings have been held with the various stakeholders which included Industry Representatives on March 21, 2006, 'BIA's and Business Community on March 29, 2006 and a Public Meeting on March 30, 2006. At those meetings it was indicated that additional comments could be provided and that the cut off date was April 30, 2006. Generally, the comments received were positive with respect to the proposed changes and the efforts to control the proliferation of signs within the City of Niagara Falls. Comments were received from both the public and some of the BIA representatives as to the ability to remove signs that had been previously approved. It was indicated that as per section 99 of the Municipal Act 2001, Advertising Devices, signs that existed lawfully prior to the passing of a new by-law were grandfathered. City staff has viewed the comments received and is in the process of revising the proposed by-law to reflect the changes suggested. A copy of the revised by-law then will be made available for public review prior to being brought forward for Council approval. Accordingly, it is requested that the interim control measures be extended so that a revised by-law may be made available to the public for comment. It is anticipated that final approval of the by-law will be done in September of this year. Working Together to Serve Our Community Municipal Works' Fire Services' Parks, Recreation & Culture . Business Development. Building & By-Law Services , I. n - - June 26, 2006 -2 - MW-2006-71 Committee's concurrence with the above recommendation would be appreciated. Prepared by: R"POctMly ~bmj"oJ( [ ) /J1/~-,i Ed Dujlovic John MacDonald Director of Municipal Works Chief Administrative Officer S:\REPORTS\2006 ReportsIMW-2006-71 - Interim Sign By-Iaw.wpd , - - Community Services Department MW-2004.137 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 . Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca December 12, 2005 Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee The recommendation(s) containoo in this report were City of Niagara Falls, Ontario adopted by City Council Members: Re: MW-2005-137 - Sign By-law RECOMMENDATION: It is recommended that; L The interim amendments to the City's existing sign by-law on tonight's Council agenda be approved and; 2. Public Meetings with stakeholders which includes the general public, sign industry and businessesIBIA's be held during January and February 2006 in regards to the proposed new sign by-law. BACKGROUND: As indicated in the attached executive summary for the "Sign By-law Review Study" as prepared by The MBTW Group the City initiated a review of the sign by-law as it did not adequately address current sign issues and needs. The executive summary provides a synopsis of the purpose of the study and the guiding principles which resulted in the recommendations that were made. After receiving the report (a copy can be provided if so desired) City staff undertook the review of the recommendations and developed the Draft Sign By-law. Although the recommendations contained in the study were based on the needs as perceived by the consultant, City staff did not implement all the recommendation as they felt it did not best represent the needs of the City as a whole. The following is a summary of the significant changes that are being made in the proposed sign by- law; Working Together to Serve Our Community Municipal Works. Fire Services' Parks, Recreation & Culture. Business Development. Building & By-Law Services , ,. n - - D~cember 12, 2005 -2- MW-2005-137 Ground Signs New categories have been created for ground signs that include pylon signs, monument signs and general ground signs. Definitions for the sign types are found in the proposed by-law. New height lirnits have been established for the ground signs for the different types and the areas that they are located in. The maximum height for pylon signs has been increased form 7.62 m to 9.0 m and to be restricted in the Central Business District (schedule A) Maximum Area Ground Signs Proposed Proposed Lot Frontage Existing Chippawa(1 ) All Other 23 m or less 4.6m2 4.6m2 4.6m2 23 m to 30 m 7.0m2 4.6m2 7.0m2 30 m less than 46 m 9.3m2 4.6m2 93m2 Over 46 m 4.6m2 18.6 m2(2) (1) Pylon Signs Restricted (2) Pylon Signs 23.0 m2 Wall Signs New categories have been created. This includes murads, awnings and logo signs. Under the existing by-law the maximum area for a wall sign is 25% of the building face to a maximum area of 14 m2. A larger sign, subject to Council approval, could be applied for if the wall has an area greater than 112 m2. It is proposed thatthe maximum area be 25% of the wall area with a maximum in the Chippawa District of9.3 m2. An awning sign will have a maximum length of 10 m with a maximum of25% for a sign. A logo sign is to have a maximum area of 10% of the wall area of the upper most storey. Roof Signs Under the existing by-law a roof sign had arnaximum length of30.5 m with a maximum height of 4.6 m for a maximum area of 139.4 m2. It is proposed that the maximum area be 20 m2. Roof signs will be restricted to the Clifton Hill District (schedule A). In addition a visual impact and illumination study is required. Projecting Signs No Changes Canopy Signs Increasing clearance from sidewalk to bottom of the canopy from 2.45 m to 2.7 m - - December 12, 2005 - 3- MW-2005-137 Billboards Existing Prooosed Size Min. 21 m2 Min. 18 m2 Max. 70 m2 Max. 70 m2 Location Restricted in residential Allowed in Major & Institutional zones Commerci allIndustri ai, Ground General Agricultural & Rural Agricultural Distance from Residential, 62m 90m parks and historic sites An illumination and visual impact study will be required. The number of billboards will be capped by the official population divided by 625. Only 10 new billboards a year subject to the above cap. The official population is 78,815 thus allowing for 126 billboards. As of November 28, 2005 there are approximately 130 billboards with three under review in the City. Accordingly, as per the proposed by-law no additional billboards would be allowed. Banners Not currently covered in the existing sign by-law. It is proposed that there only be one per pole with a maximum area of 2.5 m2 and a clearance of 2.5 m. Bench Signs Under the existing by-law they are restricted to private property and only allowed in commercial, tourist commercial and industrial zoned areas. It is proposed that they be restricted. Portable Signs Existing Prooosed Number 1 per business 1 per frontage Inflatable 14 days 3x1year Not Allowed Per business Time Limit None 30 days for new business lllumination Yes No On Vehicle or Trailer N/A Not allowed if parked or located so that the primary purpose is to display the sign Readograph Sign Not covered in the existing by-law .. II December 12, 2005 -4- MW-2005-137 Projected Images Not covered in the existing by-law. Content The consultant did recommend that no third party advertising be allowed on signage other than billboards. As a result of a Court of Appeal decision the restriction of third party advertising has been deemed to be unconstitutional. Notwithstanding the above Section 99 of the Municipal Act, 2001 - Advertising Devices (attached) states the following. "The by-law may prohibit and regulate the message, content and nature of the signs, advertising and advertising devices, including any printed material, oral or other communication or thing, promoting adult entertainment establishments, but nothing in this paragraph limits the power to pass by-laws with respect to any other business or person." As a result wording has been included in the proposed sign by-law that would prohibit the advertising of adult entertainment establishments other than on their own property as per the adult entertainment by-law. Another significant change in the by-law that is not included in the above is the requirement to obtain approval from other regulating authorities prior to the City issuing a sign permit. Inclusion of this clause will satisfy the concerns raised by the Niagara Parks Commission with respect to signage near the parks. As indicated the Niagara Parks Act, Section 22 (1 )(f), it states that "the Commission, with the approval of the Lieutenant Governor and Council, rnay make regulations prohibiting or licencing, regulating and governing the erection, posting up or other displayof notices, signs, sign boards and other advertising devices in the parks or within 400 meters of any part thereof." IMPLEMENTATION: As indicated in the Municipal Act, Section 99 (attachment) the City of Niagara Falls is required to give public notice of its intention to pass the new Sign By-law. The law.requires that a number of public meetings be held with the various stakeholders to review the proposed changes. The stakeholders are to include the general public, representatives from the sign industry and businesses both individually and through the Chamber of Commerce and the BIA's. Input from these groups will be brought forward to Council for consideration before the implementation of the new sign by- law. These meetings are to take place during the months of January and February 2006. In the interim it is staff recommendation that changes to the existing sign by-law be made. The proposed changes, which have been advertised, that are to be passed at tonight's Council are as follows; 1. By-law #95-254 with respect to portable signs is to be amended so that portable signs can be displayed for a maximum of 30 consecutive days to advertise the opening of a new business. - ~ -' . 6#, ~"'...' 2. Consolidated By-law #6661 be amended so thai roof signs be restricted to the Clifton Hill District and that the number of bill boards be limited to the City's official population divided 625. - - , December 12, 2005 -5 - MW-2005-137 Committee's concurrence with the above recommendations would be appreciated. Prepared by: espectfully submitted: L , J fm_t~ Ed Dujlovic Director of Municipal Works hief Administrative Officer Attach: S:\REPORTS\2005 ReportsIMW-2005-137 - Sign By-Iaw.wpd , .. II - - December 12, 2005 -6- MW-2005-137 Section 99 of the Municipal Ad, 1001 - Advertising Devices - The following rules apply to a by- law of a municipality respecting advertising devices, including signs: 1. Before passing the by-law, the municipality shall give public notice of its intention to pass the by-law. 2. The by-law may prohibit and regulate the message, content and nature of the signs, advertising and advertising devices, including any printed material, oral or other communication or thing, promoting adult entertaimnent establishments, but nothing in this paragraph limits the power to pass by-laws with respect to any other business or person. 3. The by-law may authorize the municipality to enter land and pull down or remove an advertising device, at the expense of the owner of the advertising device, if it is erected or displayed in contravention of the by-law. 4. The by-law does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed shall be deemed not in itself to constitute a substantial alteration. 5. The municipality may authorize minor variances from the by-law if in the opinion of the municipality the general intent and purpose ofthe by-law are maintained. "" - -E ~ ~ ." "' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . . u u !>; !>; u u ~ u ~ u \; u >> >> >> >> >> >> " "=: i '0 U U ~ N' 8. ~ ~ e ~ ~ ~ ~ ~ w w ~ w w . . . ~ . . ~ u ~ ~ u ~ u 0 ~ ~ 0 " \; u \; 0 \; \; \; 0.. >> >> >> " c >> " c '" " ." I~ ~ 'K "' w . i ~ i i . i . . i . " u \; \; \; u >> " " " i! 1) z 8- 0 il . ~ ~ ~ il il :J 0 0 0 0 0 M 0 \; 0 0 0 0 0 0.. 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Summary The City of Niagara Falls viSion to create a trut}' world-class tourist destJnatJon is a multI-layered challenge whereby all layers of the streetscape must work together to create a unique and lasting Image. ThIS .-aport recognizes tho Importance of stgnage and Its nBed to harmonize with the city landscape, be unique, beautlful.and communlcate Informatlon easily and effectively. The adoption of the Niagara Falls Tourist Area Development Strategy. .June 1998 and the City of Nlagam FaNs Streelscape Masle,. Plan. Oc\obeJ' ;ZOO1 (refer 10 AppendiX C) 'nto the Official Plan Pemonstrates the C~8 cortunitment to imPfoving the stale of its &treetscapes. As part of the streetscape Improvement task. the City has determined that the current sign bymw may no kmgor respond appropriately to cvrrent IsSues. Th$" C'ity of Nlagara Falla CounCil has Inlbated a rvvlewof J\s ex~t1ng sign bylaw No. 6661. 1964. The purpose of the. City of Niagara Falls sign bylaw review Is to: EvalullJto the Clty"s current 519,0 bylaw Interril~ of effectiVeness and appropnateness as 1t rel.fltes to the n;ewlY cjeteffillhed City V"JSlon To'determlne how types of signs In the City should be regulated In height. size. appearance and 10caUon To develop IS new sign bylaw that Is consistent wtth the OfficJaI Plan and streetscape objectives To develop a new $.I9n bylaw that Is enforceable To develop a new sign bylaw that satisfies the stsikeholdel"S expectations The bytaw revJ~' ~sehts an analysis of the current ~Ign Issues In the City ot Niagara Fall$, Bnd recommends a ne.w approach for regulating signa In tho City. A. dlstl'"lct specrnc bylaw Is the 'essence- of _n -- n_ -- n_ -- - '--".~ II -~ - - 'ecember 12, 2005 MW-2005-137 . ..~- II this new approach. One comprehensive district specific bylaw is, to replace the City's current, non"speciflC bylaw The dIstricts that are to be specIfically addressed In new sign bylaw are as follows. 1. Fallsvlew District 2. Clifton Hill Tourist District 3. Lundy's lane and Whirlpool TOUnst Distnct 4. Chippewa Tourist District 5. River Road Tourist Dislrlct 6 Commercial Dlsbic:ts Niagara Square M.orrison Dorchester Staf/Jford Central BuSllless DIstrict Mount Clfnnel CJJnlre M.a/Ill/nd Ferry VICtOria AV/llllle 7. Industrial Districts General Guldil\g Principles for the aylaw ReVIew Recommendations are as follows: Recogmze that signage is a pert ot the landscape and an ememty of the slreetscape Create a Slgnage ePPrOach to help visitOrs feel the complete spirit of Niagara Falls and to . ..' ":-.-. . . . -, "" _. ---- -- . - -- -- - ecember 12, 2005 - - MW-2005-137 . - -- 11/ communicate an Image appropr4J;te for each of its unique Districts Provide direction whereby all slreetscape elements express the uniqueness of eaCh District and at the same time hatmon1ze with the existing atmosl>here Acknowledge that slgnage has the opportunity to convey the tourism theme and Information as well as act as a means to stimulate exChanges, meetings and Intemetlons on the street Preserve V1ewsQf the city and of the naturallands-cape Establish visual pnorilles and appropriate rules of order to maintain the quality of the streetscape as the. focus of viSualatter'ition. Define appropriate slgnage (or the various dlStncts with limitations to types and perfonnance standards. Cmate a COheSIVe slll!'age .system that reinforces eaCh dlSlrict~s own vitality and diversity, pulling together all the messages of the Distnct IUto a cohesive story Provide. enliven and enhance stree,tscape quality, addIng coipur. continuity. animation and warmth FoUow the prinCiple of simplicity 'Less - but good - is mom' Damonslrate desiSn exca~ee through the engagement of professional designerS end en!/illeers In slgnage design. Commll to long term Implementabon plan end maintenance The bylaw recommendations cover B broad spectrum of general and specifIC amendments 10 the cunant bYlaW reglilatlons lOr signs. Some standal'ds haVe been elll1llna\tld and others have been adJustedlo --- -- . - - .. n 'ecember 12, 2005 MW.2005437 - Iv re~pon~ more appropriately ..n~ effectively to the streetsPa~ objeCbves. Tile signage review makes specific n;;commendatlons to bOth existing'sign types as well as the inlroductionof new sign initiatives (or considerabon an~ Implementation Into !he now sign bylaw. Implementation IS anbCll"te~ to be a lOng term obJeobve which will need to be committed to and monitored. TIle review of the Cily of Niagara Falls bylaw Ilas ~etenninod that e comprellensive ~Istricl spocif1c bylaw IS reqUIred to soll~ofy!he City's commRment to ImprovIOg the state of its sJgnage an~!he slreelsca~ in a holistic manner. This report coocludes wrth a summary of 1I1e gui~lng pnoiClples. and the bylaw reC6mmen~ations. The new sign bylaw for theCily of Niagal'll Falls is attached ;IS Appen~ix A. , - . -- -- - - . CITY OF NIAGARA FALLS By-law No. 2005 - 215 A By-law to amend and consolidate By-law No. 6661-1964 and subsequent amendments thereto with respect to signs in the City of Niagara Falls with a view to enacting a new Sign By-law in 2006. WHEREAS the Council of The Corporation of the City of Niagara Falls desires to enact a new Sign By-law; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to engage in consultation with the public and the sign industry prior to enacting the new Sign By-law in final fonn; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to ensure an orderly transition from the current by-law to the new one; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to use all of the legislative authority granted to it by the Government of the Province of Ontario; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section I of By-law No. 6661, as amended, is amended by adding the following definitions: "Billboard" means an outdoor sign erected and maintained by a person, company, or business engaged in the sale or rental of the space on the sign to a clientele which sign is used to advertise goods, products, services or facilities not available on the property where the sign is located. "Official Population" means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada 2. Section 4 of By-law No. 6661,1964 is amended by adding the following subsections 4(c), 4 (d) and 4(e): 4.(c) Notwithstanding anything contained in this By-law: (i) No permit to locate, erect or place a temporary sign shall pennit the subject sign to be located for a period of greater than 30 consecutive days. (Ii) No person shall be entitled to more than three pennits for a temporary sign in any calendar year. I I - I- II ~. , - - -2- (iii) No person may apply for a permit for a temporary sign within 20 days of the date ofthe expiration of the last permit for a temporary sign issued to that person. 4.(d) No permit for a roof sign shall be issued for any premises located outside of the Clifton Hill District as illustrated in the attached Schedule "C" to this By-law. 4.(e) Notwithstanding anything contained in the By-law, the maximum number of billboards located in the City of Niagara Falls shall not exceed the official population of the City divided by 625 and no permit shall be issued to permit the erection, display or installation of a billboard that would cause the total number of billboards in Niagara Falls to exceed this number. 3. This By-law shall cease to have force and effect on June 30, 2006 unless extended by the Council of The Corporation of the City of Niagara Falls prior to that date. Passed this twelfth day of December, 2005. D~~C~ ~~~4;................. R. T. (TED) SALCI, MAYOR First Reading: December 12,2005 Second Reading: December 12,2005 Third Reading: December 12,2005 I I - - SCHEDULE "C" TO BY-LAW No. 2005 - 215 i u... ....................... ..... . ......... . ..-.-..................................... .......... . ........ . ..................................... . . . . . . . . . Legend 8 Clifton Hill District '//// Commercial & Industrial Districts + @ Fallsview District <lID Chippawa District @ Lundy's Lane District - Major Commercial ([[D 1060,000 Whirlpool District Note; Any land zoned Neighbourhood Commercial (NC) according to By-law No. 79-200 or has legal non-conforming slatus, is deemed to be a Neighbourhood Commercial District in this by-law. K:\G1S_~.ISip~ -- I I I- .. I. .. - .--,.- Community Services Department - - MW-2006-72 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 - Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca June 26,2006 Alderman Selina Volpatti, Chairperson and Members ofthe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-72 Parking Enforcement Fire Rontes, Handicap Parking Greater Niagara General Hospital RECOMMENDATION: It is recommended that schedule "D" (G.N.G.H. hospital security staff), be removed from by-law 2002- 081, being a by-law to appoint provincial offences officers for the purpose of issuing parking infractions. BACKGROUND: The City of Niagara Falls has for the past several years, appointed Greater Niagara General Hospital (G.N.G.H.) staff as Provincial Offences Officers. G.N.G.H. security have been trained by City of Niagara Falls staffin order to issue parking infraction notices to vehicles parked in fire routes, handicap parking spaces or other inappropriate methods of parking on G.N.G.H. property only. Recently, City staff confirmed that these types of violations were no longer being enforced by G.N.G.H. security. Therefore, our own Parking Control Officers will add this area to their existing route to ensure that the handicap and fire route violations are regularly enforced. Staff have advised G.N.G.H. of the change to parking enforcement. Council's concurrence with the recommendations in this report would be greatly appreciated. Prepared by: sPectfullYR /~O --.. Karl Dren, C.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer C~ Ed Dujlovic, P.Eng. Director of Municipal Works Working Together to Serve Our Community Municipal Works. Fire SelVices . Parks, Recreation & Culture. Business Development. Building & By-Law SelVices ,. II - - Community Services Department MW-2006-74 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca - Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovic@niagarafalls.ca June 26, 2006 Alderman Selina Volpatti, Chairperson and Members ofthe Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-74 Clifton Hill Parking Review RECOMMENDATION: It is recommended that: 1. a "No Stopping, Tow Away Zone" restriction be installed on the south side of Clifton Hill between Victoria Avenue and a point 140 metres east of Victoria Avenue, replacing: a. the "No Parking" restriction on the south side of Clifton Hill between Victoria Avenue and a point 63 metres east of Victoria Avenue; and, b. the "No Parking" restriction on the south side of Clifton Hill between a point 82 metres east of Victoria Avenue and a point 124 metres east of Victoria Avenue. BACKGROUND: A new Tim Horton's Restaurant has recently opened on the south side of Clifton Hill, east of Victoria Avenue. Part ofthe project for the site included an expansion of the sidewalk which resulted in the loss of five metered parking spaces. Since the restaurants opening, many motorists have been stopping their vehicle within the single downhill travel lane while picking up their orders, impeding the flow of traffic on Clifton Hill. Clifton Hill is a collector roadway located in the tourist district where traffic volumes are high. The road consists of two westbound lanes with a separate parking lane, while one eastbound lane is present adjacent to the restaurant. Working Together to Serve Our Community Municipal Works. Fire Setvices . Parks, Recreation & Culture' Business Development. Building & By-Law Setvices I. n: - - June 26, 2006 -2- MW-2006-74 To improve the flow oftraffic and maintain a safe environment, staffis recommending the implementation ofa "No Stopping Tow Away Zone" restriction on the south side of Clifton Hill abutting the site. This will replace the existing "No Parking" signs. Parking is available on-site for restaurant customers. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: ~ Jl/l1'~ Karl Dren, C.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Approved b : E Ed Dujlovic, P.Eng. Director of Municipal Work Bart Skiba $:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\06 June 26\MW~2006-74 Clifton Hill _ Parking Review.wpd --.-- .' 0000 ~t1 0..... ~~ '" ...:lr-:;j .D .- ~oo .:<: ~c.:l 00 .....z ti 8~ CO ZI::!:: ::: ~~ _ 11) - .- ::s~ .- :> ::r: 11) ~ 1=1~ U o 01) q;:: 1=1 ..... ....... ....... ~ O~ ~ ;Z ~ \0 <::> E-; <::> N ~~ v:> !:t: N ~ 11) S "" = ....., OIl = .... Z =5 ~~C) ~~ 0" i3 ZZ 01) .S 01) 0.. 1=1 0.. .- 0= ~ -11) = 001=1 q 00 ~ ~ ZN 0 ~ = :>>1=1 Z 1=1 0 "0"'0= oS ~b 0 11) :::'.p OI)'.p 11) "'~ u 1=1 u .... Z o "-....... 0- Cl) g. ::: t;; .~ t;;.D 1>~ .... o~ :><:~ 0 ~E--< ~ ~ ,;>-); . . ~ . . . , ~ .. . Community Services Department MW.2006-77 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca ~ Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca June 26, 2006 Aldennan Selina V olpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2006-77 Victoria Avenue @ Centre St/Clifton Hill Intersection Operations .;' Thtrl7he Li~ Mo.\<e- e..ffor+' to V\GlItt \](~..r\()u'S par.t-ws.) ~\onj. 1jJ\\h ~(" RECOMMENDATION.. c.\~ l-belf fd~ -for" Police .o..-\--~e. \f \c..UY\4lI A4J.e.J ~f\~(.()~h Cl,~~ H-il\ . In~r~chon -tb M upse+ I"nit of ~I;;>",()oo.oo and. 4he e:e.f'S be It is recommended that this report be received for the infonnation of the Committee. cleploy<<L ASAR BACKGROUND: This report is further to Council's concerns regarding the traffic operations at the intersection of Victoria Avenue @ Centre Street/Clifton Hill. On June 15,2006 staff were provided the opportunity to meet with the Victoria/Centre BlA to discuss intersection operations. Discussions revolved around four options to address traffic concerns. 1. Restrict left turns onto Centre Street from Victoria Avenue 2. Incorporate an advance green for motorists on Victoria Avenue wishing to turn left 3. Place an auxiliary or police officer to direct traffic at the intersection 4. Reconstruction of the intersection of Victoria Avenue @ Centre St/Clifton Hill Restrict left turns onto Centre Street from Victoria Avenue Staff identified that the intersection operations would improve with the implementation of a left turn restriction northbound from Victoria Avenue onto Centre Street. To redirect motorists coming from Ferry St., signs would be placed in advance to redirect motorists onto Magdalen Street destined for Centre Street. This section of Victoria Avenue consists oftwo through lanes, Working Together to Serve Our Community Municipal Works. Fire Services · Parks, Recreation & Culture. Business Development · Building & By-Law Services June 26, 2006 - 2. MW-2006-77 therefore, left turning motorists would not impede through traffic. Furthermore, to augment the left turn restriction, it was identified that "no left turn" signs would be installed at the intersection of Centre Stl Clifton Hill, with an additional sign directing motorists to proceed to Walnut Avenue, should they have missed the signs at Magdalen Street. Incof\Jorate an advance green for motorists on Victoria A venue wishing to turn left Discussions were also held regarding the feasibility of installing an advance green phase to allow the left turning vehicles to clear the intersection. However, the benefit from providing an advance green phase without the provision of a dedicated left turn lane would be minimal to none. Furthermore, the implementation of this phase is not possible without major signal hardware improvements, estimated at a cost of $200,000.00. Staff mentioned that the implementation of an advance phase would best be achieved in conjunction with a complete intersection redesign and reconstruction. Place an auxiliary or police officer to direct traffic at the intersection The BIA committee requested that either an auxiliary or a police officer be hired on a regular basis for point duty at the intersection. Subsequently, staff carried out a preliminary enquiry with the Niagara Regional Police and assessed that a pay duty officer costs approximately $525 for 8 hours and $655 for 10 hours. An auxiliary officer would not be deployed for point duty without the presence of a pay duty officer. In fact, auxiliaries are typically used for short durations such as at special events and therefore, their presence on a regular basis is not consistent with current practice. The number of officers required at this intersection is yet undetermined, however, due to the intersection configuration it could be 2. A formal request would need to be submitted to the NRP committing staffing time for any long term requirements. Reconstruction of the intersection of Victoria Avenue lqJ, Centre St/Clifton Hill During discussions it was identified that the redesign ofthe intersection is scheduled for 2007. The preferred design will be to include a dedicated left turn lane at the intersection provided that adequate property is available. Following discussion of the above, the BIA was not in favour of restricting left turns at the intersection. The committee preferred the presence of a police officer on point duty, and will be approaching the Niagara Regional Police to obtain information regarding this possibility. It is staffs opinion that the cost of the police officer services is cost prohibitive and a more cost effective benefit may be achieved through the implementation of a left turn restriction, with the appropriate signage. -~.__.--,..--- n - June 26, 2006 - 3 - MW-2006-77 Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: ~ ~ c Vf\' Karl Dren, C.E.T. John MacDonald Manager of Traffic & Parking Services Chief Administrative Officer Z- Ed Dujlovic, P.Eng. Director of Municipal Work M.Carrick S:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\06 June 26\MW-2006.77 Victoria@Clifton.wpd , :.'" ,;i "..} \ :1' ? ,,;" "'>~ , '"' -,., J'"'J! '~ " '61 , . ,. 'J "\ ; , 'mila LLJ,' .' "~ :z: .' . . , .' , ., mil :z: .' . ,;~ """ , \ .:- \ ~ ~ 8 ~ ;n~ . . , _..' - - ~~.- - !