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2005/12/12 SIXTEENTH MEETING Monday, December 12, 2005 From 5:00 p.m. to 6:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the 2005-12-05 Community Services Minutes. 2) REPORTS: STAFF CONTACT: a) BBS-2005-04 Optimist Club - Sign Variance Ed Dujlovic b) R-2005-64 Mountain Road / QEW Welcome Sign Adele Kon c) R-2005-66 Hwy. 420 Landscape Maintenance between Dorchester Road and Stanley Avenue Adele Kon d) MW-2005-137 Sign By-law Ed Dujlovic 3) NEW BUSINESS: 4) ADJOURNMENT: MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, November 21, 2005, City Hall, Room :2 at 4:00 p.m. PRESENT: Acting Chair - Alderman Pietrangelo, Mayor Ted Salci, Alderman Jim Diodati, Alderman Joyce Morocco, Alderman Vince Kerrio, Alderman Wayne Campbell, Alderman Janice Wing, Alderman Carolynn Ioannoni. REGRETS: Chair - Alderman Selina Volpatti STAFF: John MacDonald, Tony Ravenda, Ed Dujlovic, Pat Burke, Karen Kelly, Adele Kon, Ken Burden, Dean Iorfida, Serge Felicetti, Karl Dren, Bob Bolibruck, Wendy Canavan, Marianne Tikky - Steno PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week GUEST: Vince Hockton - Hockton Automotive, Leo Favero - Favero Car Wash, Ray & Vicki Dubeau - 4125 May Avenue, Harvey Gordon - 5655 Robinson Street, Mavis Southwick - 5737 Highland Avenue, Glen Shields - Green Scheels Pidgeon, Bruce Bennett - Acres, Lucino Piccioni - RCI Consulting MINUTES It was ORDERED on the motion of Alderman Wing and seconded by Alderman Ioannoni, that Alderman Pietrangelo be electing acting Chair in Alderman Volpatti's absence. Motion: Carried It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Ioannoni, that the November 7, 2005 minutes be approved. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. DEPUTATION Vince Hockton of Hockton Automotive addressed Committee and questioned if Loblaws should begin construction prior to the road improvements being completed on Dorchester Road which would be contrary to Mr. Priamo's statement at the October 18, 2005 Council meeting. Would that constitute a lie? Staff advised that the City could not speak on behalf of the Loblaws Corporation but noted that the Dorchester Road improvements should be completed by late Spring,2006. The Director of Business Development advised that Loblaws is not looking to begin construction until Spring 2006 which should coincide with the completion of the road improvements. Again, Mr. Hockton questioned if Loblaws begins construction prior to completion of the road improvements does that constitute a lie. As Alderman and Staff could not speak on behalf of Loblaws the following motion was made. a) It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Diodati that staff contact Loblaws to request clarification of Mr. Primo's statement from the October 18, 2005 Council meeting with regards to no works beginning until after road improvements take place on Dorchester Road. Motion: Carded Conflict: Alderman Diodati Action: Recommendation submitted to Council 2005-11-21. REPORTS a) MW-2005-127 - High Street Parking Review It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Morocco that the existing no parking at all times on both sides of High Street between Highland Avenue and a point 20 metres west of Higland Avenue be extended to Glenholme Avenue. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. b) MW-2005-135 - May Avenue Parking Review It was ORDERED on the motion of Mayor Salci and seconded by Alderman Diodati that the existing "parking restriction" on the east side of May Avenue between Buttrey Street and a point 43 metres north of Buttrey Street be extended to Terrace Avenue. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. c) MW-2005-136 - Ort Road Closure Review It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Ioannoni that report MW-2005-136 be deferred and staff to investigate all unimproved roads for possible closure and constructing a gate across Ort Road. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. d) MW-2005-126 - Space Needs - City Hall It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Wing that the request to lease space at the Acres Building be denied and staff to move forward with renovating the Old City Hall. Motion: Lost Opposed: Mayor Salci, Alderman Kerrio, Alderman Campbell, Alderman Diodati, Alderman Morocco It (vas ORDERED on the motion of Mayor Salci and seconded by Alderman Kerrio that the City enter into a one-year lease with two one-year options at the approval of Council for space in the Acres Building to satisfy space needs as a short term solution until the completion of the Downtown Strategic Implementation Plan. Motion: Carded Opposed: Alderman Ioannoni, Alderman Wing Action: Recommendation submitted to Council 2005-11-21. e) Memo to Committee - Downtown BIA - Request for 2 hour free parking in the Downtown Core. It was ORDERED on the motion of Alderman Diodati and seconded by Alderman Campbell that 2 hour free parking, at on-street parking meters and on-street pay and display machines, in the Downtown Core, during the month of December, be approved. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. PRESENTATION a) Niagara Falls City-wide Brownfield Community Improvements Plan & Project Area Study Presentation. It was ORDERED on the motion of Mayor Salci and seconded by Alderman Diodati that the draft Niagara Falls City-wide Brownfield Community Improvement Plan & Pilot Project Area Study be forwarded to the Ministry of Municipal Affairs and Housing. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. NEW BUSINESS a) Employee Appreciation It was ORDERED on the motion of Alderman Campbell and seconded by Mayor Salci that staff prepare a report on Employee Appreciation incentives. Motion: Carried Action: Recommendation submitted to Council 2005-11-21. ADJOURNMENT It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Morocco that the regular meeting of the Community Services Committee by adjourned at 5:48 p.m. and Committee enter into an In-Camera session. Community Services Department BBS-2005-04 Building & By-Law Services John Castrilli The City of 4310 Queen Street Director Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Canada web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 374-7500 E-maih jcastrilli@city.niagarafalls.on.ca December 12, 2005 Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS - 2005 - 04, Niagara Falls Optimist Club, Morrison St. ~ Dorchester Rd. - Sign Variance RECOMMENDATION: That the sign varianc~ for the Niagara Falls Optimist Club at Morrison Street, sign "A" be approved. BACKGROUND: This local service club in co-operation with the sign contractor are proposing to install two double faced billboard signs on their property. The first sign is proposed be located just west of the main entrance to the park and will contain two panels 1 Oft x 20 ft per panel and the second being the same size is proposed to be just north of the clock tower. The sign by-law permits these types of sign but because of the Open Space Zoning designation for this property they must be a minimum of 300ft from Dorchester Rd and Morrison St. Sign 'A' (as shown on the attached plan) is located 33ft from Morrison St. and sign 'B' is located 33ft from Morrison St. and 33ft from Dorchester Rd. Accordingly, in addition to non conformity with the Zoning Bylaw staff are of the opinion that these signs will have an adverse affect on the area and will not only disrupt traffic but will add to the visual congestion of the neighbourhood and therefore are not recommended. Comments from relevant Departments are as follows: Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture ° Business Development · Building & By-Law Services December 12, 2005 - 2 - BBS-2005-04 Parks, Recreation & Culture "The visual aesthetics of the City's high profile streetscape area is the key to creating attractive and healthy street scape environments for both the pedestrian and vehicular traffic. This proposal intends to locate large billboard signs which deviate from the Sign By-law and would detract from visual aesthetics of the immediate streetscape zone. The close proximity of the proposed billboard signs would partially conflict with the presence of the Millennium Clock feature at this major intersection area. Considering that in the area of civic beautification, Staff's objective is to improve City streetscapes, both in amenities and visually, the billboard signs proposed at these locations are not recommended." Planning "The City's Official Plan contains policies on Amenity and Design which promote an attractive environment and strive to improve the physical appearance of the City. In this regard, prominent landmark locations along important roadway corridors require special attention to high quality design and landscaping. The Dorchester/Morrison intersection is a major node and serves as a gateway entrance to the area. The policies also require that signs be regulated so as not to have a negative impact on the amenity of the area or vehicular traffic. Based on these policies, the placement of billboards in this location would not be supported." Parking & Traffic "At location A, Staff would have no objection if the proposed billboard was to replace the existing sign. However, the checkerboard sign at the study location is a mandatory safety device and the installation of a billboard may obstruct its visibility." "At location B, safety concerns were not noted. However, the proposed billboard may reduce the visibility of the existing Millennium Clock for southbound motorists."  ~ ~spectfully submitted: Ro-§ert Judge ////John MacDonald Manager of By-Law Services [,/ Chief Administrative Officer Recommended by: r of Building & By-law Services Community Services Department R-2005-64 The itv of lJA, Parks, Recreation & Culture Adele Ken .. - . .. Ill , 4310 Queen Street Director Niagara I-ails yjl~l~ P.O. Box 1023 Canada~ ~~Niagara Falls, ON L2E 6X5 T~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca December 12, 2005 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2005-64 - Welcome Sign at QEW/Mountain Road RECOMMENDATION: For information of Council and costs for improvements to the sign be referred to 2006 Capital Budget. BACKGROUND: As Council may recall, in report R-99-23 - Welcome Sign at QEW/Mountain Road Report, a budget of $80,000 was approved to have a "Welcome to Niagara Falls" Sign installed along the QEW southbound at Mountain Road to welcome visitors entering the City of Niagara Falls via the QEW from the St. Catharines and Toronto areas. A Sign Design Review Committee was formed consisting of City staffto obtain sign proposals and Signature Signs Limited of Niagara Falls was selected to design the "Welcome to Niagara Falls Sign." Staff held extensive meetings with M.T.O. representatives regarding the placement of the sign for optimum visibility and this site was the preferred location. The sign was installed in July 1999. Since then, some minor repairs to the sign have been done which include lighting, painting of lettering, irrigation and planting improvements. Discussion took place at a Community Services Meeting in August 2005, regarding the QEW improvements along the 420 near Mountain Road and regarding the impact this would have on the "Welcome to Niagara Falls Sign." Both Parks, Recreation & Culture and Municipal Works Staff met with the M.T.O. in November 2005. Calvin Curtis, P.Eng of the M.T.O, confirmed that the "Welcome to Niagara Falls Sign" will not be impacted by planned QEW improvements the Ministry may carry out near Mountain Road. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services December 12, 2005 - 2 - R-2005-64 In addition, at this meeting, the City of Niagara Falls brought forth the issue of cutting the long reed grasses within the QEW R.O.W. to the north of the sign because it obstructed the view of the sign. Mr. Curtis, advised by memo that the "Ministry does not object to the City cutting the long reed grasses within the QEW R.O.W. to the north of the sign and to the conventional grass cutting already carried out by the City at this location." A protocol has been implemented between the Ministry and City maintenance Superintendent, whereby the City of Niagara Falls will provide notice to the Ministry's service provider when they intend to cut vegetation at this location. CONCLUSION: Positive dialogue has been established between the Ministry of Transportation and City Staff for future site maintenance at this sign location. Staff is requesting funds within the 2006 Capital Budget to upgrade this 7-year old sign. Improvements include: Clean, prime and repaint sign. Repair rubber fabric tears and reseal the two hatches. Installation of the new City logo including steel lettering. Upgrade the lighting fixtures by replacing the light lenses and bulbs. Estimated costs for these improvements are $15,000.  /~fSllared by: Respectfully submitted: Community Development Coordinator mlnl~rdative Officer Director of Parks, Recreation & Culture SF/das S:\Council\Council 2005\R-2005-64 - Welcome Sign at QEW Mountain Road.wpd Community Services Department R-2005-66 The City of Parks, Recreation & Culture Adele Ken Niogoro Foils ~ 4310 Queen Street Director Conodo 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-maih akon@city.niagarafalls.on.ca December 12, 2005 Alderman Selina Volpatti, Chairperson and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2005-66 Hwy 420 Landscape Maintenance between Dorchester Road and Stanley Avenue RECOMMENDATION: For information and direction of Council. That Mayor Salei petition the Ministry of Tourism and Ministry of Transportation to increase their level of landscape maintenance service in the Hwy. 20 corridor between Dorchester Road and Stanley Avenue. BACKGROUND: This report is written in response to Council's request for information regarding the landscape maintenance along Highway 420 between Dorchester Road and Stanley Avenue. Both Parks, Recreation & Culture and Municipal Works staff met with the M.T.O. Staff, in November 2005, requested that this entrance to Niagara Falls be maintained at a higher level than offered by the M.T.O presently. Calvin Curtis, P.Eng of the M.T.O, reiterated "current Ministry Policy of cutting one mower width on the outside shoulder of Highway 420, once grass and weeds reach 500 mm in height. Also, the M.T.O. currently has no provisions to maintain the vegetation on top of the raised median, nor to cut additional area beyond the outside shoulder." Staff also stressed Niagara Falls is the Gateway to Ontario and that our partner, The Niagara Parks Commission was quite concerned with the low landscape maintenance provided by the M.T.O for their portion of this project. The Niagara Parks Commission has spent a million dollars in landscaping to enhance this entry way and is maintaining the streetscape to the highest standards. The City is requesting that the Ministry of Transportation provide a higher quality of landscape maintenance to this Gateway of Ontario. IMOS-Miller Service is the maintenance contractor for the Ministry of Transportation. Both the City of Niagara Falls and The Niagara Parks Commission have contacted this company for the cost of the grass cutting for this portion of highway. The cost estimate is $4,000 per cut for the outside shoulder of Highway 420 and $4,500 per cut for the raised centre median beds. There are also Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services December 12, 2005 - 2 - R-2005-66 additional costs for traffic lane closure and signage required by the M.T.O for the raised centre medians. Mr. Curtis also stated "the Ministry of Transportation's objective is to ensure the highway is maintained in a safe condition with the resources available. Due to limited resources, the Ministry of Transportation is only able to c ut grass and weeds to provide visibility for motorists at interchanges and to ensure unobstructed views of highway signs. Funding is presently not available for cutting grass and weeds for aesthetic purposes." CONCLUSION: In closing, the City of Niagara Falls requested the Ministry of Transportation to provide a higher quality of landscape maintenance to Highway 420 between Dorchester Road and Stanley Avenue. The Ministry of Transportation will not grant the City this request due to present lack of funding and current Ministry policy. City Staff is now recommending the following options to Council for their consideration: Option 1: That Council leave the M.T.O. landscape maintenance program as per their policy "current Ministry Policy of cutting one mower width on the outside shoulder of Highway 420 and the centre raised medians bed once grass and weeds reach 500 mm (1.6 ft.) in height. "Hence, leave landscape maintenance as is. Option 2: That Council enter into an agreement with M.T.O. to include in the City's budget, funds to increase level of landscape maintenance service to this area. This estimated cost is as follows: · May cut of area before Victoria Day weekend and clean up centre median shrub beds $12,000 · July cut of area before Canada Day weekend $ 9,500 · August cut of area before Civic Holiday weekend $ 9,500 · September cut of area before Labour Day weekend $ 9,500 · October cut of area and final clean-up of beds $12,000 Estimated Total for improved maintenance $52,500 Option 3: Petition the Ministry of Tourism and Ministry of Transportation to increase their level of landscape maintenance service in this area as described in Option 2. Option 4: Remove the centre plantings of the raised median beds. December 12, 2005 - 2 - R-2005-66 Prepared by: Respectfully submittet[: Sue Forcier [ J/ohn MacDonald Community Development Coordinator k/Chief Administrative Officer Adele Kon Director of Parks, Recreation & Culture SF/das S:\Council\Council 2005\R-2005-66- Hwy 420 Maintenance Dorchester Road to Stanley Avenue.wpd il il Community Services Department MW-2004-137 The Cih/of ~,~ Municipal Works Ed Dujlovic · .. -- . .. Ill , 4310 Queen Street Director Niagara I-ailS YJ~i~P.O. Box 1023 CanQd?,~~/~Niagara Falls, ON L2E 6X5 ~F 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 City of Niagara Falls, Ontario Members: Re: MW-2005-137 - Sign By-law RECOMMENDATION: It is recommended that; 1. 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 businesses/BIA'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 De, 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 limits 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 4.6 m2 4.6 m2 4.6 m2 23 m to 30 m 7.0 m2 4.6 m2 7.0 m2 30 m less than 46 m 9.3 m2 4.6m2 9.3 m2 Over 46 m 4.6 m2 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 that the maximum area be 25 % of the wall area with a maximum in the Chippawa District of 9.3 m2. An awning sign will have a maximum length of 10 m with a maximum of 25% 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 a maximum length of 30.5 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 air December 12, 2005 - 3 - MW-2005-137 Billboards Existing Proposed Size Min. 21 m2 Min. 18 m2 Max. 70 m2 Max. 70 m2 Location Restricted in residential Allowed in Major & Institutional zones Commercial/Industrial, Ground General Agricultural & Rural Agricultural Distance from Residential, 62 m 90 m 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 Proposed Number 1 per business 1 per frontage Inflatable 14 days 3x/year Not Allowed Per business Time Limit None 30 days for new business Illumination 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 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, may make regulations prohibiting or licencing, regulating and governing the erection, posting up or other display of 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. 2. Consolidated By-law #6661 be amended so that roof signs be restricted to the Clifton Hill District and that the number of billboards 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: Ed Dujlovic a Director of Municipal Works ' ' 'strative Officer Attach: S:hREPORTSX2005 ReportshMW-2005 - 137 - Sign By-law.wpd December 12, 2005 - 6 - MW-2005-137 Section 99 of the Municipal Act, 2001 - 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 entertainment 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 of the by-law are maintained. [1 lB December 12, 2005 MW-2005-137 Executive Summary The City of Niagara Falls vis~on to create a truly world-class tourist desbnation is a multi-layered challenge whereby all layers of the streetscape must work together to create a unique and lasting image. This report recognizes the importance of signage and its need to harmonize with the city landscape, be unique, beautiful and communicate information easily and effectively. The adoption of the Niagara Falls Tourist Area Development Strategy, June 1998 and the City of N~agara Falls Streetscape Master Plan, October 2001 (refer to Appendix C) Into the Official Plan demonstrates the Crty's commitment to improving the state of its streetscapes. As part of the streetscape improvement task, the City has determined that the current s~gn bylaw may no longer respond appropriately to current issues. The City of Niagara Fails Council has ~nltlated a review of ~ts existing sign bylaw No. 6661. 1964. The purpose of the City of Niagara Falls sign bylaw review Is to: Evaluate the City's current sign bylaw in terms of effectiveness and appropriateness as It relates to the newly determined City Vision To determine how types of signs in the City should be regulated in height, size, appearance and location To develop a new sign bylaw that is consistent with the Official Plan and streetscape objectives To develop a new sign bylaw that is enforceable To develop a new sign bylaw that satisfies the stakeholders expectations The bylaw review presents an analysis of the current sign issues in the City of Niagara Falls and recommends a new approach for regulating signs in the City. A district specific bylaw is the essence of December 12, 2005 MW-2005-137 // this new approach. One comprehensive district specific bylaw is to replace the City's current, non-specific bylaw The districts that are to be spec,fically addressed in newsign bylaw are as follows. 1. Fallsview Dlstdct 2. Clifton Hill Tourist District 3. Lundy's Lane and Whirlpool Tounst District 4. Chippawa Tourist District 5. River Road Tourist District 6 Commercial Districts Niagara Square Morrison Dorchester Stamford Central Business Distdct Mount Carmel Centre Main and Ferry V~ctoda Avenue 7. Industrial Districts General Guiding Principles for the Bylaw Rewew RecommendaUons are as follows: Recognize that signage is a part of the landscape and an amenity of the streetscape Create a signage approach to help visitors feel the complete spirit of Niagara Falls and to December 12, 2005 MW-2005-137 iii communicate an image appropriate for each of its unique Districts Provide direction whereby all stree[scape elements express the uniqueness of each District and at the same time harmonize with the existing atmosphere Acknowledge that signage has the opportunity to convey the toudsm theme and information as well as act as a means to stimulate exchanges, meetings and interacaons on the street Preserve views of the City and of the natural landscape Establish visual priorities and appropriate rules of order to maintain the quality of the streetscape as the focus of visual attention. Define appropriate signage for the various d~stncts with limitations to types and performance standards. Create a cohesive signage system that reinforces each district*s own vitality and divers~ty, pulling together all the messages of the District into a cohesive story Provide, enliven and enhance streetscape quality, adding colour, continuity, animation and warmth Follow the principle of simplicity "Less - but good - is more" Demonstrate design excellence through the engagement of professional designers and engineers ~n signage design. Commit to long term ~mplementabon plan and maintenance The bylaw recommendations cover a broad spectrum of general and specific amendments to the current bylaw regulations for signs. ~me standards have been eliminated and others have been adJusted to December 12, 2005 MW-2005-137 respond more appropriately and effectively to the streetscape objecl~ves. The signage review makes specific recommendations to both existing sign types as well as the introduction of new sign initiatives for consideration and implementation into the new sign bylaw. Implementation ~s anhclpatad to be a long term objective which will need to be committed to and monitored. The rewew of the City of Niagara Falls bylaw has determined that a comPrehensive district specific bylaw ~s required to sohd~fy the City's commitment to ,mprovlng the state of its s~gnage and the streetscape in a holistic manner. This report concludes with a summary of the guiding pnnc~pleS and the bylaw recommendations. The new sign bylaw for the City of Niagara Falls is attached as AppendixA. Community Services Department BDD-2005-U2 Business Development Serge Felicetti 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: sfelicet@city.niagarafalls.on.ca December 12, 2005 - Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario - Members: l' Re: BDD-2005-02 - Strategic Implementation Plan for uowntown U.S. Downtown Site Tours , RECOMMENDATION: r - " " For the information of Council. Jt,,,,,, . .- BACKGROUND: At the Community Services Committee meeting on December 5, 2005 the consulting team preparing the Downtown Implementation Strategy provided a progress report regarding the work completed to date. As part of their presentation the consultants suggested to the Committee that it would be beneficial for Council to visit a couple of cities in the U.S. that have successfully revitalized their down towns. The Committee directed staff to provide an itinerary and associated costs for such a trip. The two cities being recommended by the consultants are Charleston, South Carolina and New York City. The suggested date for the trip is January 3, 2006 to January 6,2006, The proposed itinerary is as follows: January 3 - Depart Buffalo, NY (a.m.) arrive in Charleston, SC (Noon). January 5 - Depart Charleston, SC (a.m.) arrive NYC (Noon) January 6 - Depart NYC (late afternoon) Arrive Buffalo, NY (late afternoon) During the trip the Consultants will arrange meetings with city officials who were involved in the downtown revitalization efforts. Working Together to Serve Our Community Municipal Works' Fire SelVices . Parks, Recreation & Culture' Business Development. Building & By-Law Services I. - 2- BDD-2005-02 Costs for the trip are as follows: Airfare 540.00 pp Accommodations Charleston - $150\night @ 2 nights 300.00 pp New York - $230\night @ 1 night 230.00 pp Meals - $ 85.00\day @ 4 days 340.00 pp TOTAL $ 1,410.00 pp Group Transportation Costs Rental Dodge Mini Van (Charleston) - $91.00\day @ 2 days 182.00 Airport Shuttle\Taxis (New York) - $150.00\day@2 days 300.00 As the date for the trip occurs during the two-week Christmas Holiday period, if Council decides to proceed with the trip, arrangements will need to be made as soon as possible in order to secure the necessary flights. If Council does wish to participate in the site visits we would recommend that up to 3 staff also attend, preferably representing, Municipal Works, Planning and Business Development. Recommended by: R~OC:;~ Serge Felicetti 000 MacDonald Director of Business Development Chief Administrative Officer SF/lw